HomeMy WebLinkAboutResolution 99-085 N.C.S. 04/05/1999 .r
i
Resolution I~To. 99-85 N.C.Q.
2 of the City of Petaluma, California
3
4
5 ADOPTING A MITIGATED NEGATIVE DECLARATION
6 FOR THE MARTIN >FIISTORIC PLAZA
7 AT 1197 EAST WASHINGTON STREET, APN 007-361-022
8
9
10 WHEREAS, an Initial Study was prepared and the results of the study indicated that the
11 proposed Martin Historic Plaza, as mitigated, will not cause any significant adverse
12 environmental impacts; and,
13
14 WHEREAS, the Planning Commission of the City of Petaluma held a noticed public hearing on
15 January 12, 1999 and February 23, 1999 on the subject application, heard testimony and
16 concluded that the findings and conditions for the project were adequate and recommended that
17 the City Council approve the proposed development; and
18
19 WHEREAS, all reports and communications to the Planning Commission were forwarded to the
20 City Council; and
21
22 WHEREAS, the City Council held a public hearing on the proposed project on April 5, 1999,
23 and considered all written and verbal communications concerning potential environmental
24 impacts resulting from the project before rendering a decision;
25
26 NOW THEREFORE BE IT RESOLVED, the City Council finds that, pursuant the California
27 Environmental Quality Act (CEQA) Guidelines, an Initial Study of potential environmental
28 impacts was prepared. The potential for the following significant impacts were identified: land
29 use, earth, hydrology and water quality, noise, visual quality, transportation, and cultural
30 resources. However, mitigation measures have been proposed and agreed to by the applicant,
31 which will reduce potential impacts to a level of insignificance. Therefore, the requirements of
32 CEQA have been satisfied through the preparation of an Initial Study, and that a Mitigated
3~ Negative Declaration is appropriate to the project, based on the following findings:
34
Resolution No. 9 9-8 5 N.C.s. Page 1 of 13
1
1 Findings for Mitigated Negative Declaration
2
3 1. An Initial Study was prepared, proper notice was provided in accordance with CEQA and
4 local guidelines for the approval of a Mitigated Negative Declaration to establish this use.
5
6 2. Based upon the revised Initial Study, dated February 3, 1999, and any comments
7 received, there is no substantial evidence that the project as mitigated would have a
8 significant effect upon the environment.
9
10 3. As concluded in the revised Initial Study, dated February 3, 1999, the project does not
11 have the potential to affect wildlife resources as defined in the Fish and Game code,
12 either individually or cumulatively.
13
14 4. The project is not located on a site listed on any Hazardous Waste Site List compiled by
15 the State pursuant to Section 65962.5 of the Government Code.
16
17 5. The Planning Commission has reviewed the Mitigated Negative Declaration and
18 considered any and all comments before making a recommendation on the project.
19
20 6. A Mitigation and Monitoring Program has been prepared to insure compliance with the
21 adopted mitigation measures for the Martin Historic Plaza.
22
23 7. The record of proceedings of the decision on the project is available for public review at
24 the City of Petaluma, Planning Department, City Hall, 11 English Street, Petaluma,
25 California.
26
27 Mitigation Measures
28
29 All mitigation measures as specified in the Initial Study for the Martin Historic Plaza are herein
30 incorporated.
31
Resol 99-85 NCS Page 2 of 13
2
1 I. EARTH
2
3 1. Final project improvement and grading plans shall be prepared by a California registered
4 Civil Engineer (P.E.), and accepted by City staff prior to building permit issuance. The
5 plans shall be prepared in compliance with the City of Petaluma's Grading and Erosion
6 Control Ordinance. A comprehensive erosion control plan shall be prepared, paying
7 special attention to prevention of increased discharge control plan required above shall
8 include measures such as: a) restricting grading to the non-rainy season; b) protecting
9 storm drainage outlets from erosion and siltations; c) use of silt fencing, and straw bales
10 to retain sediment on the project site. Required improvements shall be reflected on plans
11 submitted in conjunction with the project's improvement drawings and shall be reviewed
12 and approved by the Planning Director and the City Engineer prior to grading or building
13 permit issuance. Prior to City acceptance, all public improvements shall be subject to
14 inspection by City staff for compliance with the approved Public Improvement Plans,
15 construction permits and project mitigation measures/conditions of approval.
16
17 2. Construction of all cuts and fills shall be completed with strict adherence to specific
18 geotechnic recommendations prepared by the project geotechnical engineer. All
19 suggested improvements shall be incorporated with the improvement drawings as
20 directed by the City Engineer prior to grading permit issuance. Prior to City acceptance,
21 all public improvements shall be subject to inspection by City staff for compliance with
22 the approved Public Improvement Plans, construction permits and project mitigation
23 measures/conditions of approval.
24
25 3. All construction and grading activities, including short-term needs (equipment staging
26 areas, storage areas, and field office locations) shall expose as little new ground as
27 possible. Whenever possible, existing disturbed areas shall be used for such purposes,
28 rather than disturbing additional new ground. The City Engineer shall insure that
29 approvals have been obtained from all appropriate agencies prior to the issuance of
30 grading permits.
31
Reso. 99-85 NCS Page 3 of 13
1 4. All grading activity shall be completed prior to the onset of the rainy season (October
2 15th). Time extensions for short-term grading may be allowed at the discretion of the
3 City Engineer, and if necessary, with approval from the City Council. Special erosion
4 control measures may be required by the City Engineer in conjunction with any specially
5 permitted rainy season grading. The City Engineer shall insure that approvals have been
6 obtained from all appropriate agencies prior to the issuance of grading permits.
7
8 5. Foundation and structural design for structures shall be subject to review and approval by
9 the City of Petaluma Building Division prior to the issuance of a building permit. Design
10 measures shall conform to the requirements of the Uniform Building Code, as well as
11 state and local laws/ordinances. Said foundation and structural design shall be prepared
12 pursuant to and consistent with the geotechnical report prepared for the proposal. City
13 inspectors shall insure that construction activities occur consistent with the above
14 mitigation measures.
15
16 II. AIR
17
18 1. Standard Best Management Practices regarding dust control measures shall be
19 implemented including maintenance of moist soil conditions, particularly on windy days.
20
21 2. During excavation and/or fill activities, haul trucks used to transport soil shall utilize
22 tarps or other similar covering devices to reduce dust emissions.
23
24 3. Upon completion of construction, exposed areas shall be planted in a timely manner
25 according to the City-approved erosion control plan and PUD Master Landscape Plan.
26 Acceptance of improvements and/or occupancy of buildings shall be withheld until City
27 acceptance of the erosion control measures. Planning staff will conduct monthly site
28 inspections to insure implementation of the above mitigation measure. The improvement
29 drawings shall reflect that exposed areas shall be planted in a timely manner. The .
30 Planning Director shall insure that the common area landscaping is installed prior to the
31 issuance of a certificate of occupancy for the first structure. Should it be necessary,
Reso. 9~-85 NCS Page 4 of 13
1 bonds, for the actual amount of labor and materials to install the landscaping plus a
2 $30.00 administrative fee, can be accepted in lieu of the landscaping so that a certificate
3 of occupancy can be issued.
4
5 4. Motorized equipment operated during construction activities shall be properly mufflered
6 and maintained to minimize emissions. Equipment shall be turned off when not in use.
7 The City's inspectors and the applicant shall insure that the above mitigation measures are
8 implemented. Periodic and scheduled inspections shall occur to insure implementation of
9 the above mitigation measures.
10
11 III. IIYDROLOGY/WATER QUALITY
12
13 1. This development shall either pay the storm drainage impact fee or provide on-site
14 improvements to address the incremental impact that the new development will have on
15 Citywide drainage. If the developer chooses to pay the fee, it shall be the fee in effect in
16 ~ the Special Development Fee handout. The Planning Director shall calculate the project's
17 appropriate storm water drainage fee and shall insure that the fee is collected as provided
18 for in the City's Resolution.
19
20 2. The applicant shall submit a detailed grading and drainage plan for the proposal as a part
21 of the improvement drawings for review and approval by City staff prior to issuance of a
22 grading or building permit. The drainage plans shall include supporting calculations of
23 storm drain and culvert size using acceptable engineering methods. No lot-to-lot drainage
24 shall be permitted. Surface runoff shall be addressed within the lot, then conveyed to an
25 appropriate storm drain system. All public improvements shall be subject to inspections
26 by City staff for compliance with the approved Public Improvement plans, construction
27 permits and project mitigation measures/conditions of approval, prior to City acceptance.
28
29 3. All site drainage improvements shall be designed and constructed in conformance with
30 the minimum requirements of Sonoma County Water Agency Flood Control Design
31 Criteria and shall be subject to review and approval of the Sonoma County Water Agency
Reso. 99-85 NCS Page 5 of 13
5
1 and the City Engineer prior to the issuance of a building permit. The Planning Director
2 shall calculate the project's appropriate storm water drainage fee and shall insure that the
3 fee is collected as provided for in the City's Resolution. All public improvements shall be
4 subject to inspections by City staff for compliance with the approved Public
5 Improvement plans, construction permits and project mitigation measures/conditions of
6 approval, prior to City acceptance.
7
8 4. A comprehensive urban runoff control program will be needed to mitigate potential
9 residential non-point source water quality effects of the project during and following
10 construction. To achieve this, the project applicant shall develop a specific storm water
11 management plan (SWMP) for the project. At a minimum, the plan shall: (1) identify
12 specific types and sources of storm water pollutants; (2) determine the location and
13 nature of potential impact; and, (3) specify appropriate control measures to eliminate any
14 potentially significant impacts to receiving water quality from storm water runoff.
15 Typical urban control measures may include the incorporation of public education,
16 incorporation into the City's street sweeping program, concrete stamps at storm drain
17 inlets -with "No Dumping, flows to the Petaluma River" or equivalent, and other design or
18 source control management practices as appropriate, to mitigate potential water quality
19 effects. The Planning Director shall calculate the project's .appropriate storm water
20 drainage fee and shall insure that the fee is collected as provided for in the City's
21 Resolution. All public improvements shall be subject to inspections by City staff for
22 compliance with the approved Public Improvement plans, construction permits and
23 project mitigation measures/conditions of approval, prior to City acceptance.
24
25 5. Pesticides and fertilizers shall not be applied to public landscape areas during the rainy
26 season (October-April).
27
28 6. Prior to construction, the applicant shall obtain coverage under the State of California
29 General National Pollutant Discharge Elimination System (NPDES) Permit for
30 Construction Activities and develop and implement a Storm Water Pollution Prevention
31 Plan (SWPPP), subject to the review and approval by the Regional Water Quality Control
Reso. 99-85 NCS Page 6 of 13
6
1 Board (RWQB). Required mitigations and conditions of approval, shall be reflected on
2 plans submitted in conjunction with the project's improvement drawings, landscaping,
3 drainage, stormwater pollution prevention, and erosion control plans, and shall be
4 reviewed and approved by the Planning Director and the City Engineer, and as
5 appropriate the Sonoma County Water Agency. The City Engineer shall insure that
6 appropriate approvals have been obtained from all necessary regulatory and trustee
7 agencies prior to the issuance of a grading permit.
8
9 7. The creation of grassy swales and other on-site sediment collects, such as Fossil Filters,
10 shall be installed as part of the public improvements to minimize any impacts to the long-
11 term water quality at this location. City staff shall inspect the site to insure that these
12 improvements have been installed.
13
14 IV. BIOLOGICAL RESOURCES
15
16 1. The applicant/owner shall be submit an example of a deed restriction, for review and
17 approval of the Planning Department and City Attorney to insure that the current and
18 future property owners maintain this landscaping. This deed restriction must be submitted
19 to the Planning Department and be approved by the Planning Department and City
20 Attorney prior to building permit issuance.
21
22 2. Landscaping and irrigation within the street front landscaping area shall be reviewed and
23 approved by the Historic and Cultural Preservation Committee prior to building permit
24 issuance and installed prior to the issuance of a Certificate of Occupancy. Said
25 landscaping and irrigation shall satisfy City standards acceptable to City of Petaluma
26 Planning, Engineering, Public Works, Park and Recreation staff. The Park and Recreation
27 Department will review the following information submitted on the plans:
28
29 a) The property owner shall be responsible for perpetual maintenance of landscaping
30 between the street curb and property line.
31
Reso. 99-85 NCS Page 7 of 13
7
1 V. NOISE
2
3 1. All construction activities shall comply with applicable Zoning Ordinance and Municipal
4 Code Performance Standards.
5
6 2. All construction activities shall. be limited to 7:00 a.m. to 5:00 p.m. Monday through
7 Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. Construction shall be prohibited on
8 Sundays and all holidays recognized by the City of Petaluma. The hours of construction
9 herein specified shall be stated on the improvement drawings submitted for building
10 permit issuance. Planning staff will conduct monthly site inspections to insure that this
11 mitigation measure is being adhered to.
12
13 3. All machinery and vehicles involved in the construction of the project shall be properly
14 maintained and shall be equipped with appropriate mufflers. Planning staff will conduct
15 monthly site inspections to insure that this mitigation measure is being adhered to.
16
i 7 4. Stationary construction equipment such as compressors, mixers, etc. shall be placed as far
18 as possible from existing residences. Quiet construction equipment shall be used when
19 possible. Plamling staff will conduct monthly site inspections to insure that this
20 mitigation measure is being adhered to.
21
22 5. The developer shall designate a Project Manager who will be responsible for responding
23 to any complaints from the neighborhood about excessive noise during construction
24 periods, prior to issuance of a building/grading permit. The Project Manager's telephone
25 number shall be conspicuously posted at the construction site. The Project Manager shall
26 determine the cause of noise complaints (e.g. starting too early, faulty muffler, etc.) and
27 shall take prompt action to correct the problem. The Planning Department shall be
28 informed who the Project Manager is prior to the issuance of a grading permit.
29
Reso. 99-85 NCS Page 8 of 13
8
1 VL VISUAL QUALITI' AND AESTETHICS
2
3 1. The applicant shall prepare a landscape plan, including location, plant types and size, for
4 the proposal including all public areas and private front yard areas. fronting onto public
S rights-of-way. Said plan shall be submitted to the Historic and Cultural Preservation
6 Committee for review and approval prior to building permit issuance.
7
8 2. The Historic and Cultural Preservation Committee shall review and approve the design
9 and location of all proposed light fixtures prior to building permit issuance.
10
11 3. The PUD Development Plan, PUD Development Standards, landscaping, fencing, etc.,
12 shall be submitted to the Historic and Cultural Preservation Committee for review and
13 final approval prior to building permit issuance. The following specific design
14 components shall be considered as part of the review of the fonilal design application:
15
16 a) Public Area landscaping
17 b) Development Standards, including, but not limited, to: height of the buildings; lot
18 coverage; lot area and yard requirements; lighting; fencing; and location of trash
19 enclosures.
20 c) Signs
21 d) Design Guidelines, including, but not limited, to: architectural styles; building
22 elevations; exterior features and materials; colors; visible portions of the roof; all
23 electrical and mechanical equipment; and all on-site electrical, telephone and
24 utility lines.
25
26 VII. TRANSPORTATION AND CIRCULATION
27
28 1. The applicant shall prepare a landscape plan, including location, plant types and size, for
29 the proposal including all public areas and private front yard areas fronting onto public
30 rights-of--way. Said plan shall be submitted to the Historic and Cultural Preservation
31 Committee for review and approval prior to building permit issuance.
Reso. 99-85 NCS Page 9 of 13
9
1
2 2. The Historic and Cultural Preservation Committee shall review and approve the design
3 and location of all proposed light fixtures prior to building permit issuance.
4
5 3. The PUD Development Plan, PUD Development Standards, landscaping, fencing, etc.,
6 shall be submitted to the Historic and Cultural Preservation Committee for review and
7 final approval prior to building permit issuance. The following specific design
8 components shall be considered as part of the review of the formal design application:
9
10 a) Public Area landscaping
11 b) Development Standards, including, but not limited, to: height of the buildings; lot
12 coverage; lot area and yard requirements; lighting; fencing;. and location of trash
13 enclosures.
14 c) Signs
15 d) Design Guidelines, including, but not limited, to: architectural styles; building
16 elevations; exterior features and materials; colors; visible portions of the roof; all
17 electrical ~ asld mechanical equipment; and all on-site ~ electrical, telephone and.
18 utility lines.
19
20 VIII. PUBLIC SERVICES AND RECREATION
21
22 1. The project shall be subject to the payment of established City Special Development
23 Fees, including: Park and Recreation Land Improvements, Storm Drain Sewer and Water
24 connection, School Facilities, Community Development Facilities. and Traffic Mitigation
25 as specified by City Resolution. The fees shall be paid prior to building permit issuance.
26
27 The Fire Marshal's office shall review and approve the following information as illustrated on
28 the Public Improvement Plans or building permit plans:
29
30 2. Provide one fire extinguisher, 2AlOBC type, for each 3,000 square feet of floor space,
31 and/or a maximum travel distance of 75 feet.
Reso. 99-85 NCS Page 10 of 13
10
1
2 3. Post address at or near main entry door -minimum four- (4) inch letters on contrasting
3 background.
4
5 4. Address locator required to be posted at or near the driveway entrance. Reflectorized
6 numbers are acceptable. Location and design to be approved by the Fire Marshal's office.
7
8 5. Buildings larger than 3,500 square feet in area or three stories or more in height shall be
9 protected by an automatic fire extinguishing system as required by the Uniform Fire
10 Code.
11
12 6. Fire hydrants shall be spaced at a maximum of 300 feet apart. Location and type of fire
13 hydrants are to be approved by the Fire Marshal's office.
14
15 7. Provide access, a minimum twenty (20) feet, exclusive of on street parking, all asphalt
16 surface with thirteen feet-six inches (13'6") vertical height clearance.
1-7
18 8. All lanes in which no parking is allowed, shall be designated by painting curbs red.
19 Where no curbs exist, signs approved by the fire marshal shall be installed.
20
21 9. Add as a general note to plans:
22
23 a. No combustible construction is permitted above the foundation unless an
24 approved asphalt surfaced road is provided to within one hundred-fifty (150') of
25 the farthest point of a building or structure.
26
27 b. All fire hydrants for the project must be tested, flushed, and in service prior to the
28 commencement of combustible construction on the site.
29
Reso. 99-85 NCS Page 11 of 13
11
1 IX. UTILITIES
2
3 1. The applicant- shall pay all relevant impact and/or connection fees in place at the time of
4 issuance of a building permit for each new or renovated structure. Fees shall be paid by
5 the applicant pursuant to City adopted Resolutions.
6
7 2. All required mitigation measures shall be reflected on the plans submitted for City
8 approval for building permit issuance. All construction shall be consistent with the
9 approved Improvement and Construction drawings.
10
11 X. CULTURAL RES®URCES
12
13 1. Should the barn and tack building be demolished, the architect will make all attempts to
14 preserve the exterior materials for use on the new structures that will be constructed.
15
16 2. Preparation of measured drawings of the barn shall be submitted to the Planning
17 Department prior to the issuance of a Certificate of Occupancy for the first structure.
18
19 3. Photodocumentation of construction details shall be submitted to the Planning
20 Department prior to the issuance of a Certificate of Occupancy of the first structure.
21
22 4. Aerial oblique photographs showing the barn in context to the other buildings, and
23 displaying the photographs on site at the business park.
24.
25 5. The Historic and Cultural Preservation Committee will review the formal plans regarding
26 the proposed architecture of the proposed new buildings. This Committee must review
27 and approve of the architecture prior to the issuance of a building permit.
28
Reso. 99-85 NCS Page 12 of 13
12
1 6. In the event that archaeological remains are encountered during grading, work shall be
2 halted temporarily and a qualified.. archaeologist shall be consulted for evaluation of the
3 artifacts and to recommend future action. The local Indian community shall also be
4 notified and consulted in the event any archaeological remains are uncovered.
5
6
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 Approved as to
Council of the City of Petaluma at a (Regular) (~~{pmeetir;g''-~ ~
on the ....-~.t.17 day of ................~?X'll........--•--..................., 19...x.9, by t~e
following vote:
Ci Attorney
AYES: Healy, Torliatt, Maguire, Vice Mayor Keller, Mayor Thompson
NOES: None
ABSENT: Cader-T Hamilton
ATTEST :
City Clerk Mayor ~ ~c
(louncil File
«,.HS His. N~,....:9.9-~~...... N.Q.S. Page 13 of 13
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