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HomeMy WebLinkAboutResolution 2010-228 N.C.S. 12/20/2010Resolution No. 2010 -228 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SUNNYSLOPE II PROJECT, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, an application and vesting tentative subdivision map has been submitted to subdivide an 8.6 acre parcel at 674 Sunnyslope Road, APN -019- 203 -008 into a 18 -unit single family residential subdivision referred to as Sunnyslope II ( "the Project "), within the Sunnyslope Area Planned Unit District ( "PUD "), together with a Unit Development Plan and amended Development Standards; and, WHEREAS, the City prepared an Initial Study for the proposed Project consistent with CEQA Guidelines sections 15162 and 15163 and determined that a Mitigated Negative Declaration (MND) was required in order to analyze the potential for new or additional significant environmental impacts of the Project beyond those identified in the General Plan 2025 EIR; and, WHEREAS, a Notice of Intent to Adopt a Mitigated Negative Declaration for the Sunnyslope II project based on the Initial Study was published on February 5, 2009 mailed to all responsible and affected agencies and posted in compliance with the California Environmental Quality Act ( "CEQA "), 14 California Code of Regulations, Chapter 3 ( "CEQA Guidelines ") and the City of Petaluma Environmental Guidelines; and, WHEREAS, the Initial Study and Mitigated Negative Declaration for the Project was considered at duly noticed Planning Commission hearings on the Project on December 8`" and December 22, 2009, together with all public comments submitted at or before the hearings; and, WHEREAS, the Initial Study and Mitigated Negative Declaration for the Project was considered at duly noticed City Council hearings on the Project on February 22 and December 20, 2010, together with all public comments submitted at or before the hearing; and, WHEREAS, the Project is not located on a site listed on any Hazardous Waste Site List compiled by the State pursuant to Section 65962.5 of the California Government Code; and, WHEREAS, the Mitigation Monitoring and Reporting Program attached as Exhibit A and incorporated herein by reference has been prepared for the Project to ensure compliance with adopted mitigation measures identified in the Initial Study and Mitigated Negative Declaration; and, WHEREAS, the Initial Study and Mitigated Negative Declaration and the record of proceedings on the Project, and all material referenced and /or incorporated herein are available for public review at the City of Petaluma Community Development Department at Petaluma City Hall during normal business hours. The custodian of documents and other materials which constitute the record of proceedings for the Project is the City of Petaluma Community Development Department, 11 English St., Petaluma CA 94952, Attention: Tiffany Robbe. Resolution No. 2010 -228 N.C.S. Page 1 NOW, THEREFORE, BE IT RESOLVED that the City Council finds and determines as follows: The City Council has reviewed the Initial Study and Mitigated Negative Declaration, all supporting evidence and documentation, and considered public comments provided at or before the hearing of this matter. 2. The Initial Study and Mitigated Negative Declaration reflect the City Council's independent judgment and analysis as to the effects of the Project on the environment. 3. Water demand and supply information in the Initial Study was updated in a staff memorandum to the Planning Commission dated December 8, 2009 and incorporated herein. No new or more significant water supply and /or demand effects other than those evaluated in the Initial Study and Mitigated Negative Declaration were identified as a result of information contained in the December 8, 2009 memorandum. 4. Density, air quality, greenhouse gas, ozone, and protected tree information in the Initial Study was updated in a staff memorandum to the City Council dated December 20 2010 and incorporated herein. No new or more significant effects than those evaluated in the Initial Study and Mitigated Negative Declaration were identified as a result of information contained in the December 20, 2010 memorandum. 5. Modifications made to the Project after circulation of the Mitigated Negative Declaration and Initial Study include the elimination of one up -slope lot, enhanced clustering, removal of on -site density bonus /affordable units, parking and a sidewalk on each side of the now public street, additional protection of existing trees within the Project, provision of future pedestrian access to the Urban Separator Pathway, and reduction of the area on slopes greater than 15% which will be disturbed by grading. The additional measures have been incorporated into the Project design and /or imposed on the Project through conditions of approval. As analyzed in the record of proceedings, none of the proposed project modifications and /or additional mitigation measures and conditions create new or substantially more severe environmental effects or gives rise to a fair argument that significant environmental effects are created by the Project. The enhanced clustering, additional tree preservation, increased parking, and grading reduction further reduce effects which are already determined by the Initial Study and Mitigated Negative Declaration to be less than significant. Recirculation of the Mitigated Negative Declaration and Initial Study is therefore not required. 6. Based on its review of the entire record herein, including the MND, the Initial Study, all supporting, referenced and incorporated documents and all comments received, the City Council finds that there is no substantial evidence that the Project as mitigated will have a significant effect on the environment, and that the MND, Initial Study, and supporting documents provide an adequate description of the impacts of the Project and comply with CEQA, the State CEQA Guidelines, and the City of Petaluma Environmental Guidelines. Resolution No. 2010 -228 N.C.S. Page 2 BE IT FURTHER RESOLVED that the City Council: 1. Adopts the Mitigated Negative Declaration prepared for the Project and dated February 4, 2009, as supplemented and modified by documents described herein and referenced and incorporated in the record of proceedings. 2. Adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit A hereto and incorporated herein by reference Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the V to Council of the City of Petaluma at a Regular meeting on the 20` day of December, 2010, by the following vote: AYES: Barrett, Vice Mayor Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt NOES: None ABSENT: None ABSTAIN: None ATTEST: \J6L- J Deputy City Cler City AtJrney Resolution No. 2010 -228 N.C.S. Page 3 EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM Land Use and Planning I. In order to meet the intent of the General Plan policies for the Urban Separator Pathway, prior to building permit applications, the applicant shall provide an agreed upon funding mechanism for the future trail improvements, landscaping, fencing and maintenance for the Urban Separator Pathway subject to review and approval of the City Engineer and City Attorney. Geology and Soils I. The applicant shall incorporate all of the recommendations contained in the Geotechnical Engineering Investigation (Michelucci & Associates, Inc. 2003) for the revised site plan confirmed in 2008 in the design and implementation of the proposed project. 2. In order to reduce erosion and geologic hazards to less than significant levels, the proposed project shall incorporate the following standard and project specific conditions of approval: All construction activities shall comply with the Uniform Building Code regulations for seismic safety (i.e., reinforcing perimeter and /or load bearing walls, bracing parapets, etc.). The project sponsor shall submit an Erosion and Sediment Control Plan prepared by a registered professional engineer as an integral part of the grading plan. The Erosion and Sediment Control Plan shall be subject to review and approval of Public Works, prior to issuance of a grading permit. The Plan shall include temporary erosion control measures to be used during construction of cut and fill slopes, excavation for foundations, and other grading operations at the site to prevent discharge of sediment and contaminants into the drainage system. The Erosion and Sediment Control Plan shall include the following measures as applicable: a. Throughout the construction process, disturbance of groundcover shall be minimized and the existing vegetation shall be retained to the extent possible to reduce soil erosion. All construction and grading activities, including short- term needs (equipment staging areas, storage areas, and field office locations) shall minimize the amount of land area disturbed. Whenever possible, existing disturbed areas shall be used for such purposes. b. All drainage -ways, wetland areas and creek channels shall be protected from silt and sediment in storm runoff through the use of silt fences, diversion berms, and check dams. All exposed surface areas shall be mulched and reseeded and all cut and fill slopes shall be protected with hay mulch and /or erosion control blankets as appropriate. c. Material and equipment for implementation of erosion control measures shall be on -site by October 1 st. All grading activity shall be completed by October 15th, prior to the on- set of the rainy season, with all disturbed areas stabilized and re- vegetated by October 31 st. Upon approval by the Petaluma City Engineer, extensions for short-term grading may be allowed. The Engineering Section in conjunction with any specially permitted rainy season grading may require special erosion control measures. d. All earthwork, grading, trenching, back - filling, and compaction operations shall be conducted in accordance with the City's Grading and Erosion Control Ordinance (Title Resolution No. 2010 -228 N.C.S. Page 4 17, Chapter 17.3 1, of the Municipal Code) and shall be reflected on the improvement plans. e. All public and /or private improvements shall be subject to inspection by City staff for compliance with the approved Improvement Plans, prior to City acceptance. 3. If unique geologic or physical features are uncovered during grading or other on -site excavation(s), earthwork within 25 feet of these materials shall be stopped until a certified professional geologist has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), as deemed necessary. Air Quality 1. The "Basic Measures" listed in Table 8 -2 shall be incorporated into the construction plans for the proposed project. Prior to issuing a grading permit, the City shall review grading and construction plans to ensure these measures have been incorporated. Table 8 -2 Basic Construction Mitigation Measures Recommended for ALL Proposed Projects 1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 2. All haul trucks transporting soil, sand, or other loose material off -site shall be covered. 3. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 4. All vehicle speeds on unpaved roads shall be limited to 15 mph. 5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. 7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 8. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. Source: BAAQMD CEQA Guidelines, June 2010. Hydrology and Water Quality In accordance with requirements set by the State Water Resources Control Board ( SWRCB), the applicant shall prepare a Storm Water Pollution Prevention Plan ( SWPPP) per the latest state requirements to be implemented throughout project construction and operation. The Applicant shall complete and submit an NOI and appropriate filing fee to the SWRCB. The applicant shall file a Notice of Termination (NOT) with the SWRCB upon project completion. The SWPPP shall be submitted for review and approval by Public Works prior Resolution No. 2010 -228 N.C.S. Page 5 to approval of improvement plans or issuance of grading or building permits. City inspectors shall inspect the improvements and verify compliance prior to acceptance of improvements. The SWPPP shall comply with San Francisco Bay Area Regional Water Quality Control Board requirements and include the following as appropriate: All drainage improvement plans shall include installation of permanent signs (concrete stamps or equivalent) at each storm drain inlet. The sign at each inlet shall read "No Dumping, Flows to the Petaluma River" or equivalent, and shall be installed at the time of construction and verified prior to acceptance of public improvements or issuance of a certificate of occupancy. The project shall comply with General Plan Policy 8 -P -36 requiring no net increase in storm water runoff. All construction activities shall be performed in a manner that minimizes the sediment and /or pollutant entering directly or indirectly into the storm drain system or ground water. The applicant shall incorporate the following provisions into the construction plans and specifications, to be verified by the Community Development Department, prior to issuance of grading or building permits. The applicant shall designate on the improvement plans construction staging areas and areas for the storage of any hazardous materials (i.e., motor oil, fuels, paints, etc.) to be used during construction. All construction staging areas shall be located away from any drainage areas to prevent runoff from construction areas from entering into the drainage system. Areas designated for storage of hazardous materials shall include proper containment features to prevent contamination from entering drainage areas in the event of a spill or leak. No debris, soil, sand, cement, or washing thereof, or other construction related materials or wastes, soil or petroleum products or other organic or earthen material shall be allowed to enter any drainage system. All discarded material including washings and any accidental spills shall be removed 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 specifications. Pesticides and fertilizers shall not be applied to public landscape areas during the rainy season (October 1st -April 15th). The applicant shall utilize Best Management Practices regarding pesticide /herbicide use and fully commit to Integrated Pest Management techniques. The applicant shall be required, when pesticide/herbicide use occurs, to post appropriate signs warning pedestrians. The applicant shall submit the required Notice of Intent for compliance with the conditions for a general permit under the National Pollutant Discharge Eliminate System (NPDES) storm water permit for construction activities administered by the State of California Regional Water Quality Control Board. The conditions require development and implementation of a Storm Water Pollution Prevention Plan ( SWPPP), which may also meet the City's requirement for an Erosion and Sediment Control Plan, noted above. The applicant shall submit a detailed grading and drainage plan for review and approval by the Public Works Department and Planning Division prior to approval of a final map, improvement plan, grading, or building permit. The project grading and all site drainage improvements shall be designed and constructed in conformance with the City of Petaluma "Standard Specifications" and the Sonoma County Water Agency's "Flood Control Design Criteria." Channel modifications and bank stabilization improvements within a natural Resolution No. 2010 -228 N.C.S. Page 6 stream channel shall be designed in conformance with the City's "Restoration Design and Management Guidelines." The drainage plans shall include supporting calculations of storm drain and culvert size using acceptable engineering methods. No lot -to -lot drainage shall be permitted. Surface runoff shall be addressed within each individual lot, and then conveyed to an appropriate storm drain system. All hydrologic, hydraulic and storm drain system design shall be subject to review and approval of the Sonoma County Water Agency (SCWA) and the City Engineer. Biological Resources 1. Grading and other construction activities shall be scheduled to avoid the nesting season to the extent feasible. The nesting season for most birds in Sonoma County extends from February through September. 2. If construction is to occur during the breeding season, a qualified ornithologist shall conduct pre - construction surveys no more than 15 days prior to the initiation of construction in any given area. Pre - construction surveys shall be used to ensure that no nests of species protected by the MBTA or State Code would be disturbed during project implementation. 3. If vegetation is to be removed and all necessary approvals have been obtained, removal of potential nesting substrate (e.g., bushes, trees, grass, buildings, and burrows) shall take place before nesting season (February) to help preclude nesting. Pre - removal surveys are required for some species. Removal of vegetation or structures shall be completed outside of the nesting season (February though September). 4. If an active nest is found and is greater than half completed, a qualified ornithologist shall determine the extent of a construction -free buffer zone to be established around the nest in consultation with CDFG. 5. A pre - disturbance survey for roosting bats shall be conducted prior to any removal of trees > 12 inches in diameter at 4.5 feet above grade. Pallid bats will roost in tree branch cavities only 6 inches in diameter. The survey shall be conducted by a qualified bat biologist (i.e., a biologist holding a CDFG collection permit and a Memorandum of Understanding with CDFG allowing the biologist to handle and collect bats). No activities that would result in disturbance to active roosts shall proceed prior to the completion of pre - disturbance surveys. If no active roosts are found, then no further action would be required. If a maternity roost is present, a qualified bat biologist shall determine the extent of construction -free zones around active nurseries since these species are known to abandon young when disturbed. If either a maternity roost or hibernacula is present, mitigation measure BIO -6 shall be implemented if avoidance of the occupied tree or structure is possible, and mitigation measure BIO -7 shall be implemented if it is not possible. CDFG shall also be notified of any active nurseries within the construction zone. 6. If active maternity roosts or hibemacula (hibernating bats) are found, the proposed project shall be redesigned if possible to avoid the loss of the tree occupied by the roost. 7. If an active maternity roost is found and the proposed project cannot be redesigned to avoid removal of the occupied tree or structure, demolition of that tree of structure shall commence before maternity colonies form (i.e., prior to March 1st) or after young are flying (i.e., after July 31st). The disturbance -free buffer zones described in BIO -5 shall remain during the maternity roost season (March I to July 31 st). If non - breeding, hibernating bats are found in a tree scheduled for removal and the proposed project cannot be redesigned to avoid removal of the occupied tree or structure, the individuals shall be safely evicted, under the direction of a qualified bat biologist (as determined by a Resolution No. 2010 -228 N.C.S. Page 7 Memorandum of Understanding with CDFG), by opening the roosting area to allow airflow through the cavity. Trees with roosts that need to be removed shall first be disturbed at dusk, just prior to removal that same evening. This action will allow bats to leave during dark hours, thus increasing their chance of finding new roosts with a minimum of potential predation during daylight. 8. Natural materials beneath trees in the valley oak woodland habitat area shall be left undisturbed. 9. Prior to initiating any construction activity, including demolition or grading, temporary protective fencing shall be installed for each protected tree to remain. Fencing shall be located at the Tree Protection Zone (TPZ) and shall be illustrated on the Improvement Plans. The Tree Protection Zone (TPZ) represents the area around each tree, or group of trees, which must be protected at all times with tree protection fencing. Fencing shall serve as a barrier to prevent encroachment of any type by construction activities, equipment, materials storage, or personnel. No encroachment into the TPZ shall be allowed at any time without approval from the project arborist. Any unauthorized entry into the TPZ shall be a violation of the Tree Protection Ordinance and shall be subject to enforcement through civil, criminal or administrative remedies, including applicable penalties. Contractors and subcontractors shall direct all equipment and personnel to remain outside the fenced area at all times until project is complete, and shall instruct personnel and sub - contractors as to the purpose and importance of fencing and preservation. The following specific restrictions shall apply within the TPZ: a. No grading shall occur within the protective barriers without prior approval by the Director. b. No attachments or wires other than those of a protective or non - damaging nature shall be attached to a protected tree. c. Excavation or landscape preparation within the protective barriers shall be limited to the use of hand tools and small hand held power tools and shall not be of a depth that could cause root damage. d. When the existing grade around a protected tree is to be raised the project and /or City arborist shall provide written directions on which method(s) may be used to drain liquids away from the trunk. e. When the existing grade around a protected tree is to be lowered the project and /or City arborist shall provide written directions on which method(s) may be used (terracing, retaining wall, etc) to allow the dripline to be left at the original grade. f. No equipment, solvents, paint, asphalt, or debris of any kind shall be placed, stored, or allowed within the protective barrier. Noise 1. During the construction period, the proposed project shall incorporate the noise control measures contained in the noise assessment (Illingworth & Rodkin, Inc. 2005). These noise control measures shall be included on Improvement Plans submitted to the City as follows: a. Noise - generating construction activities shall be conducted in accordance with Section 21.030.A of the City of Petaluma Zoning Implementing Ordinance. This section limits construction to 7:00 a.m. to 10:00 p.m. Monday through Friday and between 9:00 a.m. and 10:00 p.m. on Saturday, Sunday and on State, Federal or Local Holidays. Resolution No. 2010 -228 N.C.S. Page 8 b. All internal combustion engines shall be equipped with intake and exhaust mufflers that are in good condition and appropriate for the equipment. c. "Quiet" air compressors and other stationary noise sources shall be utilized where technology exists. d. Unnecessary idling of internal combustion engines shall be prohibited. e. Stationary noise generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Such equipment shall be acoustically shielded. f. The contractor shall prepare a detailed construction plan identifying the schedule for major noise - generating construction activities. The construction plan shall identify a procedure for coordination with nearby residences so that construction activities can be scheduled to minimize noise disturbance. g. A "disturbance coordinator" shall be designated who would be responsible for responding to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g., bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem. Visual Quality and Aesthetics 1. The applicant shall include a deed restriction for those properties that include the conservation easement to ensure the permanent reservation of these areas as undeveloped managed open space. The wording for this deed restriction shall be submitted with the Final Map. 2. As the individual lots on the project site sell, each prospective homeowner shall submit the architecture and landscaping proposed for the individual houses for review by the Planning Commission for Site Plan and Architectural Review (SPAR) to ensure compatibility with the existing neighborhood and surroundings, and with the approved PUD. 3. All outdoor lighting associated with the proposed development submitted for Site Plan and Architectural Review (SPAR) shall conform to the following guidelines: a. All exterior lighting shall be directed onto the project site and access ways and shielded to prevent glare and intrusion onto adjacent residential properties and natural /undeveloped areas. Plans submitted for SPAR review and approval shall incorporate lighting plans, which reflect the location and design of all proposed streetlights, and any other exterior lighting proposed. b. Development plans shall be designed to avoid vehicular lighting impacts to bedroom areas and other light- sensitive living areas of any nearby residential lot, home or facility. Development plans for lots proposed at street intersections or in other potentially light - sensitive locations shall incorporate architectural or landscape design features to screen interior living space from headlight glare. c. No illumination shall be installed within the conservation easement area. d. The improvement and landscape plans prepared for the project shall reflect the location and design details of all light fixtures proposed. Said locations and details shall be reviewed and approved via Site Plan and Architectural Review. Hazards & Hazardous Materials Resolution No. 2010 -228 N.C.S. Page 9 I . Prior to construction, the construction contractor shall prepare a Hazardous Materials Management Plan for approval by the City. The plan shall include specific information on how the Contractor intends to safely transport and store fuels, oils, coatings, and cement, and conduct fueling and equipment maintenance operations. In addition, the plan shall describe measures to contain rinsate resulting from the cleaning of equipment. Rinsate shall not be allowed to be discharged to the ground but must be contained and disposed of off site, at a location designated in the plan. The plan shall also include specific measures to be implemented in the event of a release of a hazardous material into water or onto land. The Contractor shall be required to have on hand at all times adequate absorbent materials and containment booms to handle a spill equivalent to the largest container of fuels or oil in their possession. 2. Sampling shall be conducted to determine the presence or absence of ACM and lead -based paint in the existing house. An ACM Investigation shall be performed by an Asbestos Hazardous Emergency Response Act (AHERA) certified inspector under Toxic Substances Control Act (TSCA) Title II and certified by Cal Occupational Safety Health Administration (OSHA) under State of California rules and regulations (California Code of Regulations, Section 1529). Surveys for lead -based paint shall be conducted prior to restoration of the existing house on the project site. Lead -based paint and ACM shall be remediated according to all applicable state and federal regulations. Cultural Resources 1. The proposed project shall comply with the following recommendations contained in the report entitled Historic Structures Evaluation of the House Located at 674 Sunnyslope Road (Archeological Resource Service 2008) and in the peer review of that report (Carey & Co. 2007): a. The character defining features of the historic house shall be retained in the proposed project and in all future projects. b. A window survey of the house at 674 Sunnyslope Road shall be conducted before any alterations are undertaken. This survey, to be conducted by a qualified Historical Architect, shall include close inspection of the size, type and condition of all existing windows, and shall assess the feasibility of repair instead of replacement. Based on the results of the window survey, the existing wood -frame windows shall be repaired, or, if repair is not feasible, shall be replaced in kind with wood -frame windows that duplicate the pane patterns and wood window trim detail of the existing windows. c. The project sponsor shall explore ways of retaining as much of the distinctive historic material contained in the interior of the house as possible. 2. If deposits of prehistoric or historic archaeological materials, including but not limited to charcoal, obsidian or chert flakes, grinding bowls, shell fragments, bone, pockets of dark, friable soils, glass, metal, ceramics, wood or similar debris, are discovered during grading, trenching, or other on -site excavation(s), earthwork within 25 feet of these materials shall be stopped until a professional archaeologist certified by the Registry of Professional Archaeologists (RPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), as deemed necessary. 3. If paleontological resources are uncovered during grading or other on -site excavation(s), earthwork within 25 feet of these materials shall be stopped until a certified professional archaeologist/paleontologist has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), as deemed necessary. Resolution No. 2010 -228 N.C.S. Page 10 4. If human remains are encountered, work within 25 feet of the discovery shall be redirected and the County Coroner notified immediately. At the same time, an archaeologist shall be contacted to evaluate the situation. Project personnel shall not collect or move any human remains and associated materials. If the human remains are of Native American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of identification. The Native American Heritage Commission would identify a Native American Most Likely Descendent (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Upon completion of the evaluation, a report shall be prepared documenting the methods and results, as well as recommendations for the treatment of human remains and any associated cultural materials, as appropriate and in coordination with the recommendations of the MLD. The report shall be submitted to the City and the Northwest Information Center. Mitigation Measures/Monitorin Implementation: 1. The applicant shall be required to obtain all required permits from responsible agencies and provide proof of compliance to the City prior to issuance of grading permits or approvals of improvements plans. 2. The applicant shall incorporate all applicable code provisions and required conditions into the design and improvements plans and specifications for the project. 3. The applicant shall notify all employees, contractors, and agents involved in the project implementation of all conditions applicable to the project and shall ensure compliance with such conditions. Applicant shall notify all assigns and transfers of the same. 4. The applicant shall provide for the cost of any conditions that involves on -going operations on the site or long -range improvements, such as archaeological resources, etc. Monitoring: 1. The Building Division, Planning Division, Engineering Section and Fire Departments shall review the improvement and construction plans for conformance with the approved project description and all applicable codes, conditions and permit requirements prior to approval of a site design review, improvement plans, grading plans, or building permits. 2. The Planning Division shall ensure that the applicant has obtained applicable required permits from all responsible agencies and that the plans and specifications conform to the permit requirements prior to the issuance of grading or building permits. 3. Prior to acceptance of improvements or issuance of a Certificate of Occupancy, all improvements shall be subject to inspection by City staff for compliance with the project description, permit conditions, and approved development or improvement plans. Construction Measures: 1. The applicant shall designate a project manager with authority to implement all conditions of approval and provide name, address, and phone numbers to the City prior to issuance of any grading permits and signed by the contractor responsible for construction. Resolution No. 2010 -228 N.C.S. Page 1 1 2. Required during construction shall be listed as conditions on the building or grading permits and signed by the contractor responsible for construction. 3. City inspectors shall insure that construction activities occur with the approved plans and conditions of approval. 4. If deemed appropriate by the City, the applicant shall arrange a pre- construction conference with the construction contractor, City staff and responsible agencies to review the conditions of approval prior to the issuance of grading and building permits. Resolution No. 2010 -228 N.C.S. Page 12