HomeMy WebLinkAboutResolution 2001-104 N.C.S. 05/21/2001 Resolution No. 2001-104 N.C.S.
2 of the City of Petaluma, California
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4 APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR THE PARK
s CENTRAL PROJECT TO BE LOCATED AT THE CORNER OF CASA GRANDE
6 ROAD AND LAKEVILLE HIGHWAY,
7 APN 005-040-049
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9 WHEREAS, an Initial Study was prepared and the results of the study indicated that the
~o proposed Park Central project, as mitigated, will not cause any significant adverse environmental
~ i impacts; and,
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l3 WHEREAS, the Planning Commission of the City of Petaluma held a public hearing on April
l4 10, 2001, on the subject application, heard testimony and concluded that the findings and
is conditions as amended were adequate and recommended to the City Council approval of the
~6 proposed development; and
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is WHEREAS, the City Council considered Park Central proposal on May 21, 2001, and
i9 considered all written and verbal communications concerning potential environmental impacts
Zo resulting from the project before rendering a decision;
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22 NOW, THEREFORE BE IT RESOLVED that the City Council approves a Mitigated
z3 Negative Declaration subject to the following Findings and Mitigation Measures:
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is FINDINGS FOR APPROVAL OF A MITIGATED NEGATIVE DECLARATION:
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zs 1. That based upon the Initial Study, potential impacts resulting from the project have been
29 identified. Mitigation measures have been proposed and agreed to by the applicant as a
3o condition of project approval that will reduce potential impacts to less than significant. In
31 addition, there is no substantial evidence that supports a fair argument that the project, as
32 conditioned and mitigated, would have a significant effect on the environment.
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34 2. That the project does not have the potential to affect wildlife resources as defined in the
3s State Fish and Game Code, either individually or cumulatively, and is exempt from Fish
36 and Game filing fees because it is proposed on existing undeveloped site surrounded by
37 urban development.
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39 3. That the project is not located on a site listed on any Hazardous Waste Site List compiled
4o by the State pursuant to Section 65962.5 of the California Government Code.
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4z 4. That the Planning Commission and City Council reviewed the Initial Study and
43 considered public comments before making a recommendation on the project.
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4s 5. That a Mitigation Monitoring Program has been prepared to ensure compliance with the
46 adopted mitigation measures.
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Reso. 2001-104 NCS Page 1
i 6. That the record of proceedings of the decision on the project is available for public review
z at the City of Petaluma Planning Division, City Hall, 11 English Street, Petaluma,
3 California.
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6 MITIGATION MEASUI2>ES:
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9 Geology and Soils:
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> > 1. All earthwork, grading, trenching, backfilling, and compaction operations shall be conducted in
lz accordance with the City of Petaluma's Subdivision Ordinance (#1046, Title 20, Chapter 20.04
l3 of the Petaluma Municipal Code) and Grading and Erosion Control Ordinance #1576, Title 17,
14 Chapter 17.31 of the Petaluma Municipal Code).
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~ 6 2. The Applicant shall submit an Erosion and Sediment Control Plan prepared by a registered
17 professional engineer as an integral part of the grading plan. The Erosion and Sediment Control
is Plan shall be subject to review and approval of the Planning Division and Engineering Section,
~9 prior to issuance of a grading permit. The Plan shall include temporary erosion control
zo measures to be used during construction of cut and fill slopes, excavation. for foundations, and
z~ other grading operations. at the site to prevent discharge of sediment and contaminants into the
zz drainage system. The Erosion and Sediment Control Plan shall include the following measures
z3 as applicable:
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zs a. Throughout the construction process, disturbance of groundcover shall be minimized
z6 and the existing vegetation shall be retained to the extent possible to reduce soil erosion.
z7 All construction and grading activities, including short- term needs (equipment staging
zs areas, storage areas, and field office locations) shall minimize the amount of land area
z9 disturbed. Whenever possible, existing disturbed areas shall be used for such purposes.
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3 ~ b. All drainage-ways, wetland areas and creek channels shall be protected from silt and
3z sediment in storm runoff through the use of silt fences, diversion berms, and check
33 dams. All exposed surface areas shall be mulched and reseeded and all cut and fill
34 slopes shall be protected with hay mulch and/or erosion control blankets as appropriate.
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37 c. Material and equipment for implementation of erosion control measures shall be on-
3s site by October 1st. All grading activity shall be completed by October 15th, prior to
39 the on-set of the rainy season, with all disturbed areas stabilized and re-vegetated by
4o October 31st. Upon approval by the Petaluma City Engineer, extensions for short-
4i term grading may be allowed. The Engineering Section in conjunction with any
4z specially permitted rainy season grading may require special erosion control
43 measures.
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4s 3. All construction activities shall meet the Uniform Building Code regulations for seismic safety
46 (i.e., reinforcing perimeter and/or load bearing walls, bracing parapets, etc.).
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Reso. 2001-104 NCS Page 2
~ 4. All public and private improvements shall be subject to inspection by City staff for compliance
z with the approved Improvement Plans, prior to City acceptance.
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4 5. Foundation and structural design for buildings shall conform to the requirements of the
s Uniform Building Code, as well as state and local laws/ordinances. Construction plans shall
6 be subject to review and approval by the Building Division prior to the issuance of a building
~ permit. All work shall be subject to inspection by the Building Division and must conform
s with all applicable code requirements and approved improvement plans prior to issuance of a
9 Certificate of Occupancy.
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u 6. Prior to issuance of a grading or building permit, the applicant shall submit a detailed
lz schedule for field inspection of work in progress to ensure that all applicable codes,
13 conditions and mitigation measures are being properly implemented through construction of
14 the project.
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16 7. The Site Plan and Architectural Review Committee (SPARC) shall review and approve the
17 landscaping plans for the proposed structures. Any changes to the landscaping plan as
is required by SPARC shall be incorporated into plans that are submitted for building permit
19 issuance.
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zl 8. Prior to issuance of a grading permit, building permit or approval of an improvement plan or
zz Final Map, the applicant shall provide a Soils Investigation and Geotechnical Report prepared
z3 by a registered professional civil engineer for review and approval of the City Engineer and
z4 Chief Building Official in accordance with the Subdivision Ordinance and Grading and
zs Erosion Control Ordinance. The soils report shall address site specific soil conditions (i.e.
z6 highly expansive soils) and include recommendations for: site preparation and grading;
z~ foundation and soil engineering design; pavement design, utilities, roads, bridges and
zs structures.
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30 9. The design of all earthwork, cuts and fills, drainage, pavements, utilities, foundations and
3 ~ structural components shall conform with the specifications and criteria contained in the
3z geotechnical report, as approved by the City Engineer. The geotechnical engineer shall sign
33 the improvement plans and certify the design as conforming to the specifications. The
34 geotechnical engineer shall also inspect the construction work and shall certify to the City, prior
35 to acceptance of the improvements or issuance of a certificate of occupancy, that the
36 improvements have been constructed in accordance with the geotechnical specifications.
37 Construction and improvement plans shall be reviewed for conformance with the
3s geotechnical specifications by the Engineering Section of the Community Development
39 Department and the Chief Building Official prior to issuance of grading or building permits
4o and/or advertising for bids on public improvement projects. Additional soils information may
41 be required by the Chief Building Inspector during the plan check of building plans in
4z accordance with Title 17 and 20 of the Petaluma Municipal Code.
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44 Alr:
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46 1. The Applicant shall incorporate the following Best Management Practices into the
47 construction and improvement plans and clearly indicates these provisions in the
4s specifications. The construction contractor shall incorporate these measures into the required
49 Erosion and Sediment Control Plan to limit .fugitive dust and exhaust emissions during
so construction.
Reso. 2001-104 NCS Page 3
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z 1. Grading and construction equipment operated during construction activities shall be
3 properly mufflered and maintained to minimize emissions. Equipment shall be turned off
a when not in use.
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6 2. Exposed soils shall be watered periodically during construction, a minimum of twice
7 daily. The frequency of watering shall be increased if wind speeds exceed 15 mph. Only
s purchased city water or reclaimed water shall be used for this purpose. Responsibility for
9 watering to include weekends and holidays when work is not in progress.
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> > 3. Construction sites involving earthwork shall provide for a gravel pad area consisting of an
lz impermeable liner and drain rock at the construction entrance to clean mud and debris
13 from construction vehicles prior to entering the public roadways. Street surfaces in the
14 vicinity of the project shall be routinely swept and cleaned of mud and dust carried onto
is the street by construction vehicles.
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17 4. During excavation activities, haul trucks used to transport soil shall utilize tarps or other
~ s similar covering devices to reduce dust emissions.
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zo 5. Post-construction re-vegetation, repaving or soil stabilization of exposed soils shall be
zi completed in a timely manner according to the approved Erosion and Sediment Control
Zz Plan and verified by City inspectors prior to acceptance of improvements or issuance of
z3 Certificate of Occupancy.
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zs 6. Applicant shall designate a person with authority to require increased watering to monitor
zb the dust and erosion control program.. and provide name and phone number to the City of
z7 Petaluma prior to issuance of grading permits.
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z9 7. If applicable, the applicant shall obtain operating permits from the Bay Area Air Quality
3o Management District, and shall provide evidence of compliance prior to requesting a
31 Certificate of Occupancy. The Planning Department and/or Building Division shall
3z verify that the applicant has obtained an operating permit and that the facilities conform
33 to the permit requirements prior to authorizing the Certificate of Occupancy.
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36 I~ydrology and Water:
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39 L. All construction activities shall be performed in a manner that minimizes the sediment
4o and/or pollutants entering directly or indirectly into the storm drain system or ground
41 water. The applicant shall incorporate the following provisions into the construction
4z plans and specifications, to be verified by the Planning Department, prior to issuance of
43 grading or building permits.
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45 a. The applicant shall designate on the improvement plans construction staging areas
46 and areas for the storage of any hazardous materials (i.e., motor oil, fuels, paints,
47 ete.) to be used during construction. All construction staging areas shall be
4s located away from any drainage areas to prevent runoff from construction areas
49 from entering into the drainage system. Areas designated for storage of hazardous
Reso. 2001-104 NCS Page 4
1 materials shall include proper containment features to prevent contamination from
z entering drainage areas in the event of a spill or leak.
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4 b. No debris, soil, silt, sand, cement, concrete, or washing thereof, or other
s construction related materials or wastes, soil or petroleum products or other
6 organic or earthen material shall be allowed to enter any drainage system. All
~ discarded material including washings and any accidental spills shall be removed
s and disposed of at an approved disposal site. The applicant shall designate
~ appropriate disposal methods and/or facilities on the construction plans or in the
~ o specifications.
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iz 2. The applicant shall submit a detailed grading and drainage plan for review and approval
~3 by the Engineering Section and the Planning Division prior to approval of any
14 improvement plans or the issuance of a grading permit.. Project grading and all site
is drainage improvements shall be designed and constructed in conformance with the City
~ 6 of Petaluma Engineering Department's "Standards Specifications," and with the Sonoma
County Water Agency's "Flood Control Design Criteria," if applicable. Drainage plans
~ a shall include supporting calculations of storm drain and culvert size using acceptable
engineering methods. All hydrologic, hydraulic, and storm drain system design, if
zo applicable, shall be subject to the review and approval of the Sonoma County Water
z~ Agency (SCWA), and the City Engineer.
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z3 3. The applicant shall pay all applicable Storm Drainage Impact Fees prior to final
za inspection or issuance of a Certificate of Occupancy.
zs
z6 4. Submit .Sonoma County Water Agency letter of approval.
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zs 5. The applicant shall develop and implement a comprehensive Urban Runoff Control Plan
z9 submitted for review and approval of the Planning Division prior to approval of
3o improvement plans, or issuance of grading or building permits. At a minimum, the plan
31 shall: (1) identify specific types and sources of storm water pollutants; (2) determine the
3z location and nature of potential impacts; and (3) specify and incorporate appropriate
33 control measures into the project design and improvement plans. Construction plans shall
34 be reviewed by the Planning Division for conformance with the Urban Runoff Control
3s Plan prior to approval of improvement plans or issuance of grading or building permits.
36 City inspectors shall inspect the improvements and verify compliance prior to acceptance
37 of improvements or issuance of a Certificate of Occupancy. Urban Runoff Control
3s Programs shall include the following as appropriate:
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4o a. Pesticides and fertilizers shall not be applied to public landscape areas or any
41 maintenance access way during the rainy season.
4z
43 b. All drainage improvement plans shall include installation of permanent signs
44 (concrete stamps or equivalent) at each storm drain inlet. The sign at each inlet
as shall read "No Dumping, Flows To The Petaluma River" or equivalent, and shall
46 be installed at the time of construction and verified prior to acceptance of public
a~ improvements or issuance of a Certificate of Occupancy.
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Reso. 2001-104 NCS Page 5
~ 6. The landscape irrigation system shall be designed to connect to the City's reclaimed water
z irrigation system, in accordance with State Department pf Public Health guidelines for
3 use of reclaimed water.
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s Noise:
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7 1. All construction activities shall be limited to 7:00 a.m. to 6:00 p.m. Monday through
s Friday and (9:00 a.m. to 5:00 p.m. on Saturdays. Construction shall be prohibited on
9 Sundays and all holidays recognized by the City of Petaluma, unless a permit is first
~o secured from the City Manager (or his/her designee) for additional hours. There will be
> > no start up of machines nor equipment prior to 8:00 a.m., Monday through Friday; no
iz delivery of materials nor equipment prior to 7:30 a.m. nor past 5:00 p.m., Monday
13 through Friday; no servicing of equipment past 6:45 p.m., Monday through Friday. Plan
14 submitted for City permit shall include the language above.
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l6 2. All construction equipment powered by internal combustion engines shall be properly
17 muffled and maintained to minimize noise. Equipment shall be turned off when not in
is use.
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zo 3. Construction maintenance, storage, and staging areas for construction equipment shall
z ~ avoid proximity to residential areas to the maximum extent practicable. Stationary
zz construction equipment, such as compressors, mixers, etc., shall be placed away
z3 from residential areas and/or provided with acoustical shielding. Quiet construction
z4 equipment shall be used when possible.
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z6 4. The applicant shall designate a Project Manager with authority to implement the mitigation
z7 measures who will be responsible for responding to any complaints from the neighborhood,
za prior to issuance of a buildng/gradng permit. The Project Manager shall determine the
z9 cause of noise complaints (e.g. starting too early, faulty muffler,, etc.) and shall take prompt
3o action to correct the problem.
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3z 5. All multi-family residential units and any single-family residences located adjacent to an
33 arterial street or within a projected 65 dBA noise contour shall be constructed using
34 appropriate construction techniques and materials to achieve compliance with the noise
3s standard for interior living area (45 dBA maximum noise level) and the General Plan
36 standard for exterior yards (60 dBA). Placement of buildings to shield roadway noise from
37 exterior yards and/or installation of a sound wall shall be required to meet General Plan
3a Noise Standards. The applicant shall provide an acoustical report prepared by a qualified
39 acoustical engineer, which demonstrates that the proposed building construction will meet
4o both interior and exterior noise standards. Said report shall be submitted by the applicant
4~ for review and approval of the Planning Division prior to issuance of a building permit.
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43 6. All land uses shall conform to the Performance Standards listed in Section 22-300 of the
44 Petaluma Zoning Code.
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4s Visual Quality and Aesthetics:
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Reso. 2001-104 NCS Page 6
i 1. All exterior lighting shall be directed onto the project site and access ways and shielded to
2 prevent glare and intrusion onto adjacent residential properties. Plans submitted for project
3 review and approval shall incorporate lighting plans, which reflect the location and design
4 of all proposed streetlights, and any other exterior .lighting proposed. The Historic and
s Cultural Preservation Committee shall review lighting plans.
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~ 2. Shade trees shall be incorporated and improvement plans along public streets and within
s parking areas in conformance with the City's Site. Plan and Architectural Review Guidelines
9 to reduce glare and provide shade and screening.
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i ~ 3. Architectural detail, including exterior lighting, landscaping plans and detailed site plans
~z shall be subject to review by the City's Site Plan and Architectural Review Committee and
~ 3 conform to the Site Plan and Architectural Review Design Guidelines, as well as the
14 Petaluma Historic District Design Guidelines prior to issuance of building permits.
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i6 4. All new and overhead utilities (except for high voltage transmission lines) shall be placed
i ~ underground.
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~9 5. Architectural details, landscape plans and specifications, parking layout and detailed site
20 plans shall be subject to review and approval by the Site Plan and Architectural Review
z~ Committee (SPARC) prior to issuance of a building permit.
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z3 6. Development plans shall be designed to avoid vehicular lighting impacts to bedroom areas
z4 and other light-sensitive living areas of any nearby residential lot, home or facility.
zs Development plans for lots proposed at street intersections or in other potentially light-
2~ sensitive locations shall incorporate architectural or landscape design features to screen
z~ interior living space from the headlight glare.
2s
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3o Transportation and Traffic:
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3i 1. For projects involving improvements on existing streets or substantial construction traffic
33 and heavy equipment, the applicant shall provide a Traffic Control Plan for review and
34 approval of the City's Traffic Engineer, prior to issuance of a building or grading permit.
3s At least one-lane of traffic in each direction shall be maintained at all times through the
36 construction period, unless a temporary detour plan is submitted and approved the City
37 Traffic Engineer. Heavy construction traffic and haul trucks shall avoid school zones
3s between school arrival and departures times. During non-working hours, open trenches
39 and construction hazards shall be provided with signage, flashers, and barricades
4o approved by the Street Superintendent to wam oncoming motorists, bicyclists, and
41 pedestrians of potential safety hazards.
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43 2. All road surfaces shall be restored to pre-project conditions after completion of any
44 project-related utility installation activities. .All trench pavement restoration within
45 existing asphalt streets shall receive a slurry seal. If the trench cut is within the parking
a~ strip, then only the parking strip needs a slurry seal. Otherwise, half the street shall
47 receive a slurry seal.
Reso. 2001-104 NCS Page 7
i 3. Any pedestrian access through and/or adjacent to the project site shall remain
z unobstructed during project construction or an alternate route established as approved by
3 the Police Chief and City Engineer.
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5 4. Frontage improvements shall be installed in accordance with the City's Street Standards
6 to provide for safe access to and from the site. Turning lanes, acceleration and
7 deceleration lanes, curb cuts, median islands, signing and striping shall be incorporated
8 into the design plans as required by the City's Traffic Engineer. Pedestrian and bicycle
9 access connecting the City's bikeways and pedestrian circulation through the site shall be
to incorporated into the development plan. Improvement or construction plans shall. be
ii subject to review and approval of the Traffic Engineer prior to issuance of a grading or
12 building permit. All street frontage improvements shall be constructed to City standards
13 and inspected by City Inspectors prior to final inspections or acceptance of improvements.
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~ 5 5. The Applicant shall be responsible for the payment of the City's Traffic Mitigation Fee.
16 Traffic Mitigation Fees shall be calculated at the time of issuance of a building permit and
17 shall be due and payable before final inspection or issuance of a certificate of occupancy.
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r9 6. The Applicant shall pay a fair share contribution towards any signal or street
zo improvements necessitated by the projected traffic that are not included in the Traffic
21 Mitigation Fees. A fair share contribution shall be calculated at the time of issuance of a
22 building permit and shall be due and payable prior to final inspection or issuance of a
23 certificate of occupancy.
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4t Under the power and authority conferred upon this Council by the Charter of said City.
42 REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A roved as to
43 Council of the City of Petaluma at a Regular meeting on May 21, 2001,
44 by the following vote:
45 City Attorney
46 AYES: O'Brien, Healy, Torliatt, Maguire, Moynihan, Vice Mayor Cader-Thompson
47 NOES:
48 ABSENT: Mayor Thompson
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so ATTEST: ~'L~ ~
51 i e Mayor r
W18J/®~r
Reso. 2001- 04 NCS Page 8