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HomeMy WebLinkAboutPlanning Commission Resolution 2010-08 12/14/2010CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE PEP WOOD SORREL SENIOR HOUSING PROJECT LOCATED AT 855 WOOD SORREL DRIVE, APN 137 - 170 -037 AND 137 - 061 -023 City File Number: 10 -ZOA -0322 WHEREAS, Jim Langford of Petaluma Ecumenical Project (PEP) submitted an application (10 -ZOA- 0322) to the City of Petaluma regarding the property located at 855 Wood Sorrel Drive, APN 137 -170 -037 AND 137 -061 -023 for a Zoning Map Amendment and Site Plan & Architectural Review ( "the Project" or the "proposed Project "); and, WHEREAS, the Project is located within the study area of the Petaluma General Plan 2025, adopted by the City on May 19, 2008; and, WHEREAS, in evaluating certain potential environmental effects of the Project in the Initial Study, including but not limited to effects of climate change, water supply, and traffic, the City relied on the program EIR for the City of Petaluma General Plan 2025, certified on April 7, 2008 (General Plan EIR) by with the adoption of Resolution No. 2008 -058 N.C.S., which is incorporated herein by reference; and, WHEREAS, the General Plan EIR identified potentially significant environmental impacts and related mitigation measures and the City also adopted a Statement of Overriding Considerations for significant impacts that could not be avoided; 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 EIR; and, WHEREAS, on or before November 10, 2010, the City's Notice of Intent to Adopt Mitigated Negative Declaration based on the Initial Study, providing for a 20 -day public comment period commencing November 18, 2010 and ending December 8, 2010 and a Notice of Public Hearing to be held on December 14, 2010 before the City of Petaluma Planning Commission, was Planning Commission Resolution No. 2010 -08 Page 1 published and mailed to all residents and property owners within 500 feet of the Project as well as all persons having requested special notice of said proceedings; and, WHEREAS, pursuant to the analysis in the Initial Study, the Project does not make a considerable contribution to the significant and unavoidable cumulative traffic and /or noise impacts identified in the General Plan 2025 EIR because of its small size; and, WHEREAS, pursuant to further analysis in the Initial Study, including evaluation using the Bay Area Air Quality Management District (BAAQMD) recently adopted CEQA Guidelines and 2010 Clean Air Plan, the Project does not make a considerable contribution to a significant cumulative air quality or greenhouse gas emissions impacts found to be significant and unavoidable in the General Plan 2025 EIR, because of the Project's small size and lack of significant stationary sources of emissions; and, WHEREAS, the Planning Commission held a public hearing on December 14, 2010, during which the Commission considered the Project , the MND, the Intitial Study and supporting documentation referenced in the Initial Study, and received and considered all written and oral public comments on environmental effects of the Project which were submitted up to and at the time of the public hearing; and, WHEREAS, on December 14, 2010, the Planning Commission completed its review of the Project; the MND, and a Mitigation Monitoring Report Program and recommended adoption of the MND and the Mitigation Monitoring and Reporting Program; and, WHEREAS, the MND reflects the City's independent judgment and analysis of the potential for environmental impacts from the Project; and, WHEREAS, the MND, Initial Study and related project and environmental documents, including the General Plan 2025 EIR and all documents incorporated herein by reference, are available for review in the City Community Development Department at Petaluma City Hall, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the proposed project, File No. 10 -ZOA- 0322, is the City of Petaluma Community Development Department, 1 1 English St. Petaluma, CA 94952, attn: Irene Borba. Planning Commission Resolution No. 2010 -08 Page 2 NOW, THEREFORE, BE IT RESOLVED THAT: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. 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 Planning Commission finds that there is no evidence that the Project as mitigated will have a significant effect on the environment, that the MND reflects the City's independent judgment and analysis, 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. 3. The Planning Commission recommends to the City Council the adoption of the Mitigated Negative Declaration. 4. The Planning Commission further recommends that the City Council adopt the Mitigation Monitoring and Reporting Program attached as Exhibit A hereto and incorporated herein by reference. ADOPTED this 14th day of December 2010, by the following vote: Commissioner Aye No Absent Abstain Abercrombie X Barrett X Second Vice Chair Elias X Herries X Vice Chair Hurley X Chair Johansen X Pierre X ( A� ,-� Curtis Johansen, Chair ATTEST: %/il APPROVED AS TO FORM: y, Commission Secr /tary Leslie Thomsen, Assistant City Attorney Planning Commission Resolution No. 2010 -08 Page 3 Exhibit A �. L City of Petaluma, California a Community Development Department Planning Division Is5$ 11 English Street, Petaluma, CA 94952 Project Name: PEP Wood Sorrell File Number: I ® - ®A - 0322 - Address/Location: 855 Wood Sorrel Reporting /Monitoring Record - Mitigation Measures This document has been developed pursuant to the California Environmental Quality Act, Public Resource Code Section 21.081.6 to ensure proper and adequate monitoring or reporting in conjunction with project(s) approval which relies upon a Mitigated Negative Declaration or an Environmental Impact Report. Geology /Soils Mitigation Measures BD/ BP 1. As deemed appropriate by the City Engineer and/or Chief Building Official, all ENG applicable recommendations in the Geotechnical Investigative report prepared for the subject property by Miller Pacific Engineering Group, Inc. including but not limited to foundations systems, expansive and compressive soils, potential liquefaction, dewatering, over - excavation, and estuarine deposits, are herein incorporated by reference and shall be adhered to in order to ensure that appropriate construction measures are incorporated into the design of the project. BD/ BP 2. The design of all earthwork, cuts and fills, drainage, pavements, utilities, ENG foundations, and structural components shall conform with the specifications and criteria contained in the geotechnical report, as approved by the City Engineer and /or Chief Building Official. Foundation and structural design for buildings shall meet the Uniform Building Code regulations for seismic safety (i.e., reinforcing perimeter and/or load bearing walls, bracing parapets, etc.). Planning Commission Resolution No. 2010 -08 Page 4 BD/ BP 3. Prior to Improvement Plan approval, the applicant shall obtain a geotechnical ENG engineer to review the final project plans and specifications to determine if they are consistent with the recommendations as outlined in the report and observe grading, compaction, and foundation excavations to verify that conditions are as anticipated and to modify recommendations if warranted. The geotechnical engineer shall sign the improvement plans and certify the design as conforming to the specifications. The geotechnical engineer shall inspect the construction work and shall certify to the City, prior to acceptance of the improvements or issuance of a certificate of occupancy that the improvements have been constructed in accordance with the geotechnical specifications. BD/ BP 4. Construction and improvement plans shall be reviewed for conformance with ENG the geotechnical specifications by the Public Works Department and the Chief Building Official prior to issuance of grading or building permits. Additional soils information may be required by the Chief Building Inspector during the plan check of building plans in accordance with the Code. BD/ BP 5. All earthwork, grading, trenching, backfilling, and compaction operations shall ENG be conducted in accordance with the City of Petaluma's Subdivision Ordinance ( #1046, Title 20, Chapter 20.04 of the Petaluma Municipal Code) and Grading and Erosion Control Ordinance #1 576, Title 17, Chapter 17.31 of the Petaluma Municipal Code). BD/ 6. The applicant shall submit an Erosion and Sediment Control Plan prepared by ENG 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 the Planning Division and Public Works Department, prior to issuance of a grading permit. The Plan shall include temporary erosion control measures to be used during 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 that the material and equipment for implementation of erosion control measures shall be on- site by October 1st. If any rainy season grading is proposed which requires special permits, the Public Works Department shall require special and /or additional erosion control sufficient in the opinion of the City Engineer [ ?] to prevent discharge of sediment and contaminants into the drainage system. BD/ BP 7. All construction activities shall meet the Uniform Building Code regulations ENG for seismic safety. Foundation and structural design for buildings shall conform to the requirements of the Uniform Building Code, as well as state and local laws /ordinances. Construction plans shall 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 to all applicable code requirements and approved improvement plans prior to issuance of a Certificate of Occupancy. Planning Commission Resolution No. 2010 -08 Page 5 BD/ BP 8. All public and private improvements shall be subject to inspection by City staff ENG for compliance with the approved improvement plans, prior to their acceptance by the City. Hydrology and Water Quality Mitigation Measures In accordance with requirements set by the State Water Resources Control Board, as a condition of approval, the applicant will prepare a Storm Water Pollution Prevention Plan ( SWPPP) per the latest state requirements to be implemented throughout project construction and operation. The App_ licant shall complete and submit an NOI and appropriate filing fee to the SWCB. 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 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: BD/ BP 1. All drainage improvement plans shall include installation of permanent signs ENG (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. BD/ ENG BP 2. 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. Planning Commission Resolution No. 2010 -08 Page 6 BD/ BP 3. The applicant shall designate on the improvement plans construction staging ENG 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. BD/ BP 4. No debris, soil, sand, cement, or washing thereof, or other construction ENG 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. BD/ BP 5. Pesticides and fertilizers shall not be applied to public landscape areas during ENG the rainy season (October 1 st -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. BD/ BP 6. The applicant shall submit the required Notice of Intent for compliance with ENG 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. BD/ BP 7. Prior to issuance of a grading or building permit or approval of any ENG improvement plans for earthwork within any creek corridor or identified wetland site, proof of authorization from all applicable responsible agencies including, but not limited to, the U.S. Army Corps of Engineers, the California Regional Water Quality Control Board, and the California Department of Fish and Game, shall be submitted by the applicant to the Community Development Department. Planning Commission Resolution No. 2010 -08 Page 7 PDT BP 8. The applicant shall submit a detailed grading and drainage plan for review BD and approval by the Community Development Department 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 Community Development Department's "Standard Specifications" and the Sonoma County Water Agency's "Flood Control Design Criteria ". Channel modifications and bank stabilization improvements within a natural 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. i go : Mitigation Measures PD/ BP 1. For the bedrooms and living rooms exposed to noise sources along BD McDowell Blvd in the residential units, the bedrooms and the living rooms shall have windows with an STC rating of at least 30 to reduce interior noise levels to less than 45 decibels. Plans submitted for building permit shall provide the appropriate information. 2. Windows shall be weather stripped and mounted in low air filtration rated frames. Standard energy conserving construction practices should satisfy this requirement. 3. Air conditioning or mechanical ventilation shall be provided to allow occupants to close windows and doors for adequate noise isolation. 4. A letter from an acoustical engineer shall be provided stating that the proposed project is in compliance with the above requirements and that the project is in compliance with the requirements of the City of Petaluma's Performance Standards. Planning Commission Resolution No. 2010 -08 Page 8 IMPLEMENTATION: ENG/ BP 1. The applicant shall be required to obtain all required permits from PD responsible agencies and provide proof of compliance to the City prior to issuance of grading permits or approvals of improvements plans. ENG/ BP 2. The applicant shall incorporate all applicable code provisions and PD required mitigation measures and conditions into the design and improvements plans and specifications for the project. ENG/ BP 3. The applicant shall notify all employees, contractors, and agents involved PD in the project implementation of mitigation measures and conditions applicable to the project and shall ensure compliance with such measures and conditions. Applicant shall notify all assigns and transfers of the same. ENG/ BP 4. The applicant shall provide for the cost of monitoring of any condition or PD mitigation measure that involves on -going operations on the site or long - range improvements, such as archaeological resources, etc. MONITORING: ENG/ FM 1. The Building Division, Planning Division, Engineering Section and Fire PD/ /BP Departments shall review the improvement and construction plans for FM conformance with the approved project description and all applicable codes, conditions, mitigation measures, and permit requirements prior to approval of a site design review, improvement plans, grading plans, or building permits. ENG/ BP 2. The Planning Division shall ensure that the applicant has obtained PO 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. ENG/ CO 3. Prior to acceptance of improvements or issuance of a Certificate of PD 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. Planning Commission Resolution No. 2010 -08 Page 9 CONSTRUCTION MEASURES: ENG/ BP I. The applicant shall designate a project manager with authority to PD implement all mitigation measures and 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. PD BP 2. Mitigation measures required during construction shall be Fisted as conditions on the building or grading permits and signed by the contractor responsible for construction. ENG/ CO 3. City inspectors shall insure that construction activities occur with the PD approved plans and conditions of approval. ENG/ BP 4. If deemed appropriate by the City, the applicant shall arrange a pre - PD construction conference with the construction contractor, City staff and responsible agencies to review the mitigation measures and conditions of approval prior to the issuance of grading and building permits. Planning Commission Resolution No. 2010 -08 Page 10