HomeMy WebLinkAboutResolution 99-095 N.C.S.04/19/1999 ~eSO~lAt10111r0. 99-95 ~.C.~.
1 of the City of Petaluma, California
2
4 APPROVAL, OF A MITIGATED NEGATIVE DECLARATION FOR THE
5 PARKWAY PLAZA SHOPPING CENTER TO BE LOCATED AT 701 SONOMA
6 MOUNTAIN PARKWAY ON THE CORNER OF RIESLING ROAD AND
7 SONOMA MOUNTAIN PARKWAY, APN 137-070-069
s
9
1 o WHEREAS, an Initial Study was prepared and the results of the study indicated that the
11 proposed Parkway Plaza Shopping Center, as mitigated, will not cause any significant
12 adverse environmental impacts; and,
13
14 WHEREAS, the Planning Commission of the City of Petaluma held a noticed public
15 hearing on February 23, 1999, on the subject application, heard testimony and concluded
16 that the findings and conditions for the project were adequate and recommended to the
17 City Council approval of the proposed development; and
18
~9 WHEREAS, the City Council considered the Parkway Plaza Shopping Center proposal
20 on April 12, 1999., and considered all written and verbal communications concerning
2l potential environmental impacts resulting from the project before rendering a decision;
22
23 NOW, THEREFORE, BE IT RESOLVED that the City Council approves the Mitigated
24 Negative Declaration subject to the following Findings and Mitigation Measures:
25
26 Findings for Approval of a Mitigated Negative Declaration:
27
28 1. An Initial Study was prepared, proper notice was provided in accordance with
29 CEQA and local guidelines for the approval of a Mitigated Negative Declaration
3o to establish the use.
Resolution No. 99-95 N.C.S. Page 1 Of 16
Page 1
1 2. Based on the Initial Study, dated February 3, 1999, and any comments received,
2 there is no substantial evidence that the project as mitigated would have a
3 significant effect upon the environment.
4
5 3. A monitoring program will be created to insure compliance with the adopted
6 mitigation measures for the Parkway Plaza Shopping Center.
7
8 4. As concluded in the attached Initial Study date February 3, 1999, the project does
9 not have the potential to affect wildlife resources as defined in the Fish and Game
1 o code, either individually or cumulatively.
11
12 5. The project is not located ~on a site listed on any Hazardous Waste Site List
I ~ complied by the State pursuant to Section 65962.5 of the Government Code.
14
1 s 6. The Planning Commission/City Council has reviewed the Initial Study/Mitigated
16 Negative Declaration and considered any and all comments before making a
17 recommendation on the project.
18
19 7. The record of the proceedings of the decision on the project is available for public
20 review at the City of Petaluma, Planning Department, City Hall, 11 English
21 Street,. Petaluma, California.
22
23 Mitigation Measures:
24
25 Land Use and Planning Mitigation Measures
26
27 1. Final design review by SPARC will .include the site plan, landscape plan, and
28 building design. The project will be conditioned to ensure .lighting is directed
29 away from the residences, that landscaping screens the site as much as possible,
3o and that the project conforms to the City's noise standards.
31
~E5®~~~°9~~NCS
Page 2
1 )Earth Mitigation Measures
2
3 Related to Construction
4
5 1. All earthwork, grading, trenching, backfilling, and compaction operations shall be
6 conducted in accordance with the City's Grading and Erosion Control Ordinance
7 (Title 17, Chapter 17.31, of the Municipal Code).
8
9 2. The applicant shall submit an Erosion and Sediment Control Plan prepared by a
to registered professional engineer as an integral part of the grading plan. The Erosion
11 and Sediment Control Plan shall be subject to .review and approval of the City
12 Engineer and Planning Director, prior to the issuance of a grading permit. The plan
13 shall include temporary erosion control measures to be used during grading
14 operations at the site to prevent discharge of sediment and contaminants into the
15 drainage system. The Erosion and Sediment Control Plan shall include the
16 following measures as applicable:
t7
l8 a. Material and equipment for implementation of erosion control measures
19 shall be on-site by October 1st. All grading activity shall be completed by
20 October 15t" ,prior to the onset of the rainy season, with all disturbed areas
2l stabilized, and, if applicable, re-vegetated by October 31st. Upon approval
22 by the Petaluma City Engineer, extensions for short-term grading may be
23 allowed. Special erosion control measures may be required by the City
24 Engineer in conjunctionwith any specially permitted rainy season grading.
25
26 3. All construction activities shall comply with the Uniform Building Code
27 regulations for seismic safety (i.e., reinforcing perimeter and/or load bearing
2g walls, bracing parapets, etc.)
29
~®a~~®~ 3-~ NCB
Page 3
1 Related to Operation and Use
2
3 4. Prior to the issuance of a grading permit, the applicant shall provide a Soils
4 Investigation and Geotechnical Report prepared by a registered professional civil
5 engineer for review and approval by the City Engineer and Chief Building
6 Official, in accordance with the Grading and Erosion Control Ordinance. The soil
7 report shall address site specific soil conditions (i.e., highly expansive soils) and
8 include recommendations for site preparation and grading, foundation and soil
9 engineering design, pavement design, utilities, and structures.
10
1l 5. The design of all earthwork, cuts and fills, drainage, pavements, utilities,
12 foundations, and structural components shall conform to the specifications and
13 criteria contained in the geotechnical report, as approved by the City Engineer.
14 The geotechnical engineer shall sign the improvement plans and certify the design
l5 as conforming to the specifications. The geotechnical engineer shall also inspect
16 the construction work and shall certify to the City, prior to acceptance of the
17 improvements or issuance of a certificate of occupancy, that the improvements
18 have been constructed in accordance with the geotechnical specifications by the
~ 9 City Engineer and Chief Building Official prior to issuance of grading or building
20 permits and/or advertising for bids on public improvement projects. Additional
21 soil information may be required by the Chief Building Inspector during the plan
22 check of building plans in accordance with Title 17 of the Municipal Code.
23
24 6. Foundation and structural design for buildings shall conform to the requirements
25 of the Uniform Building Code, as well as state and local laws/ordinances.
26 Construction plans shall be subject to review and approval by the Building
27 Division prior to the issuance of a building permit. All work shall be subject to
28 inspection by the Building Division and must conform with all applicable code
29 requirements and approved improvement plans prior to issuance of a Certificate
30 of Occupancy.
31
Page 4 J~ m~~ '9 N C S
1 7. Prior to the issuance of a building permit, the applicant shall submit a detailed
2 schedule for field inspection of work in progress to ensure that all applicable
3 codes, conditions, and mitigation measures are being properly implemented
4 through construction of the project.
5
6 Air Mitigation Measures
7
8 1. The applicant shall incorporate the following Best Management Practices into the
9 construction and improvements plans and clearly indicate these provisions in the
~ 0 specifications. The construction contractor shall incorporate these measures into
l 1 the required Erosion and Sediment Control Plan to limit fugitive dust and exhaust
12 emissions during construction.
13
14 a. Grading and construction equipment operated during construction
5 activities shall be properly muffled and maintained to minimize emissions.
16 Equipment shall be turned off when not in use.
17 b. Exposed soils shall be watered periodically during construction, a
l8 minimum of twice daily. The frequency of watering shall be increased if
19 wind speeds exceed 15 mph. Only purchased City water or reclaimed
20 water shall be used for this purpose. Watering shall occur on weekends
21 and holidays when work is not in progress.
22
23 c. Construction sites involving earthwork shall provide for a gravel pad area
24 consisting of an impermeable liner and drain rock at the construction
25 entrance to clean mud and debris from construction vehicles prior to
26 entering the public roadways. Street surfaces in the vicinity of the project
27 shall be routinely swept and cleaned of mud and dust carried onto the
28 street by construction vehicles.
29 d. During excavation activities, haul trucks used to transport soil shall utilize
30 tarps or other similar covering devices to reduce dust emissions.
s~ ° 9 5~ 1\ C 1J
Page 5
~ e. Post-construction re-vegetation, if applicable, re-paving, or soil
2 stabilization of exposed soils shall be completed in a timely manner
according to the approved Erosion and Sediment Control Plan and verified
4 by City inspectors prior to acceptance of improvements or issuance of
5 Certificate of Occupancy.
6 £ Applicant shall designate a person with authority to require increased
7 watering to monitor the dust and erosion control program and provide
8 names and phone numbers to the City of Petaluma prior to issuance of
9 building permits.
10 g. If applicable, the applicant shall obtain operating permits from the Bay area
1 l Air Quality Management District, and shall provide evidence of compliance
12 prior to requesting a Certificate of Occupancy. The Planning Department
l3 and/or Building Division shall verify that the applicant has obtained an
14 operating permit and that the facilities conform with the permit
l 5 requirements prior to authorizing the certificate of Occupancy.
l6
l7 Hydrology and Water Quality Mitigation Measures
18
19 Related to Construction
20
21 1. All construction activities shall be performed in a manner that minimizes the
22 sediment and/or pollutants entering directly or indirectly into the storm drain
23 system or ground water. The applicant shall incorporate the following provisions
24 into the construction plans and specifications, to be verified by the Planning
25 Department, prior to issuance of grading or building permits.
26
27 a. The applicant shall designate on the improvement plans construction
28 staging areas and areas for the storage of any hazardous materials (i.e.,
29 motor oil, fuels, paints, etc.) to be used during construction. All
3o construction staging areas shall be located away from any stream and
RED®.~9-95b NCS
Page 6
~ adjacent drainage areas to prevent runoff from construction areas from
2 entering into the drainage system. Areas designated for storage of
3 hazardous materials shall include proper containment features to prevent
4 contamination from entering drainage in the event of a spill or leak.
5
6 b. No debris, soil, silt, sand, cement, concrete, or washing thereof, or other
7 construction related materials or wastes, soil or petroleum products or
8 other organic or earthen material shall be allowed to enter any drainage
9 system. All discarded material including washings and any accidental
l0 spills shall be removed and disposed of at an approved disposal site.. The
I 1 applicant shall designate appropriate disposal methods and/or facilities on
12 the construction plans or in the specifications.
13
14 2. The applicant shall submit a Notice of Intent for compliance with the conditions
i 5 for a general permit as required under the National Pollutants Discharge
16 Elimination System (NPDES) storm water permit for construction activities
l7 monitored by the State of California Water Quality Board. The conditions require
t8 development and implementation of a Storm. Water Pollution Prevention Plan
19 (SWPPP), which may also meet the City's requirement for an Erosion and
20 Sediment Control Plan noted above. The SWPPP shall be subject to the review
21 and approval of the City Engineering and Planning Departments prior to the
22 issuance of .grading permits.
23
24 3. The applicant shall submit a detailed grading and drainage plan for review and
25 approval. by the City Engineer and Planning Department prior to approval of any
26 improvement plans or the issuance of a grading permit. Project grading and all
27 site drainage improvements shall be designed and constructed in conformance
28 with the City of Petaluma Engineering Department's "Standards Specifications,"
29 and with the Sonoma County Water Agency's "Flood Control Design Criteria," if
30 applicable. Drainage plans shall include supporting calculations of storm drain
31 and culvert size using acceptable engineering methods. All hydrologic, hydraulic,
RED®. J ~ ° ~ 5 ~ N C ~
Page 7
1 and storm drain system design, if applicable, shall be subject to the review and
2 approval of the Sonoma County Water Agency (SCWA), and the City Engineer.
3
4 4. The applicant shall pay all applicable Storm Drainage Impact Fees prior to final
5 inspection or issuance of a Certificate of Occupancy.
6
7 Related to Operation/Use
8
9 5. The applicant shall develop and implement a comprehensive Urban Runoff
0 Control Plan submitted for review and approval of the Plamling Department. prior
11 to approval of improvement plans, or issuance of grading or building permits. At
2 a minimum, the plan shall: (1) identify specific types and sources of storm water
13 pollutants; (2) determine the location and nature of potential impacts; and (3)
14 specify and incorporate appropriate control measures into the project design and
15 improvement plans. Construction plans shall be reviewed by the Planning
t 6 Department for conformance with the Urban Runoff Control Plan prior to
l7 approval of improvement plans or issuance of grading or building permits City
l8 inspectors shall inspect the improvements and verify compliance prior to
l9 acceptance of improvements or issuance of a Certificate of Occupancy. Urban
20 Runoff Control Programs shall include the following as appropriate:
21
22 a. Pesticides and fertilizers shall not be applied to public landscape areas or
23 any maintenance access way during the rainy season.
24 b. All drainage improvement plans shall include installation of permanent
25 signs (concrete stamps or equivalent) at each storm drain inlet. The sign at
26 each inlet shall read "No Dumping, Flows To The Petaluma River" or
27 equivalent, and shall be installed at the time of construction and verified
28 prior to acceptance of public improvements or issuance of a Certificate of
29 Occupancy.
30
RCS®. J~ ®g 5~ N C S
Page 8
1 Biological Resources Mitigation Measures
2
3 1. Landscaping within the public-right-of--way shall be designed and. installed to City
4 standards acceptable to City of Petaluma, Engineering, Public Works and Parks and
5 Recreation Department. staff. Irrigation systems shall be established for street
6 frontage landscape areas. The property owner will be responsible for the long term
7 maintenance of all project related landscaping (including street trees).
8
9 2. All public improvements, including landscaping, shall be subject to inspections by
10 City staff for compliance with the approved Public Improvement plans,
1 l construction permits and project mitigation measures/conditions of approval, prior
12 to City acceptance.
Li
14 3. The Planning Director shall insure that the applicant's landscape plan shall be
15 approved by SPARC prior to issuance of building permits.
16
17 4. Landscaping drawings shall be reviewed and approved by the Planning Director
18 and the City Engineer prior to the issuance of building permits.
19
20 Noise Mitigation Measures
21
22 1. All construction activities shall comply with applicable Performance Standards in
23 the Zoning Ordinance and Municipal Code.
24
25 2. All construction activities shall be limited to 7:00 a.m. to 6:00 p.m. Monday
26 through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. Construction shall be
27 prohibited on Sundays and all holidays recognized by the City of Petaluma, unless a
28 permit is first secured from the City Manager (or his/her designee) for additional
29 hours. There will be no start up of machines nor equipment prior to 8:00 a.m.,
3o Monday through Friday; no delivery of materials nor equipment prior to 7:30 a.m.
3l nor past 5:00 p.m., Monday through Friday; no cleaning of machines nor equipment
Page 9 ~~~®a a 9 5~ N C S
1 past 6:00 p.m., Monday through Friday; no servicing of equipment past 6:45 p.m.,
2 Monday through Friday. The hours of construction herein specified shall be stated
3 on the improvement drawings prior to issuance of building permits.
4
5 3. All construction equipment powered by internal combustion engines shall be
6 properly muffled and maintained to minimize noise. Equipment shall be turned off
7 when not in use.
8
9 4. Construction maintenance, storage, and staging areas for construction equipment
1 o shall avoid proximity to residential areas to the maximum extent practicable.
11 Stationary construction equipment, such as compressors, mixers, etc., shall be
12 placed away from residential areas and/or provided with acoustical shielding. Quiet
13 construction equipment shall be used when possible.
14 5. The applicant shall designate a Project Manager with authority to implement the
15 mitigation measures who will be responsible for responding to any complaints from
16 the neighborhood, prior to issuance of a building/grading permit. The Project
17 Manages telephone number shall be conspicuously posted at the construction site.
18 The Project Manager shall determine the cause of noise complaints (e.g. starting too
l9 early, faulty muffler, etc.) and shall take prompt action to correct the problem.
20
21 6. Hours of operation shall be approved conditionally for a period of six months from
22 the start of business. If no complaints are received regarding excessive noise, no
23 further review shall be required. If complaints are received, the business hours of
24 operation shall be subject to further review and possible modification by the
25 Planning Department.
26
m 95 ~'N C?~
Pale 10
1 Visual Quality & Aesthetics Mitigation Measures
2
3 1. All exterior lighting shall be directed onto the project site and access ways and
4 shielded to prevent glare and intrusion onto adjacent residential properties. Plans
5 submitted for project review and approval shall incorporate lighting plans, which
6 reflect the location and design of all proposed street lights, parking lot lights and
7 any other exterior lighting proposed.
8
9 2. Shade trees shall be incorporated into building and improvement plans along public
l0 streets and within parking areas in conformance with the City's Site Plan and
1 I Architectural Review Guidelines to reduce glare and provide shade and screening.
12
13 3. Architectural details, landscape plans and specifications, parking layout and
14 detailed site plans shall be subject to review by the City and conformance with the
l s Site Plan and Architectural Review Committee Design Guidelines, prior to issuance
16 of a building permit.
17
I8 'T'ransportation/Circulation Mitigation Measures
19
20 1. During non-working hours, open trenches and construction hazards within the
21 public right-of--way shall be provided with signage, flashers, and barricades
22 approved by the Street Superintendent to warn oncoming motorists, bicyclists, and
23 pedestrians of potential safety hazards.
24
25 2. All road surfaces shall be restored to pre-project conditions after completion of any
26 project-related utility installation activities. All trench pavement restoration within
27 existing asphalt streets shall receive a slurry seal. If the trench cut is within the
28 parking strip, then only the parking strip needs a slurry seal. Otherwise, half the
29 street shall receive a slurry seal..
30
~s~?. ~ ~ ®9 ~ ~ N C 'S
Pale 1 1
1 3. Frontage improvements shall be installed in accordance with the City's Street
2 Standards to provide for safe access to and from the site. Curb cuts, signing, and
3 striping, if applicable, shall be incorporated into the design plans as required by the
4 City's Traffic Engineer. Improvement or construction plans shall be subject to
5 review and approval of the Traffic Engineer prior to issuance of a grading or
6 building permit. All street frontage improvements shall be constructed to City
7 standards and inspected by City Inspectors prior to final inspections or acceptance
8 of improvements.
9
l0 4. The site plan shall include parking to meet standards specified in Section 20-300 of
11 the Petaluma Zoning Ordinance. The site and design plans for the parking facilities
~2 shall conform with the SPARC Guidelines and shall be subject to Planing
13 Department review and approval, prior to issuance of building permits.
14
15 5. The applicant shall be responsible. for the payment of the City's Traffic Impact
l6 Mitigation Fee. Traffic Mitigation Fees shall be calculated at the time of issuance
17 of a building permit and shall be due and payable before final inspection or
18 issuance of a Certificate of Occupancy.
19
20 6. Plans submitted for building permit issuance and public improvement plans shall
21 reflect all adopted project conditions of approval and mitigation measures.
22
23 7. All site improvements shall be subject to inspection by City staff for compliance
24 with approved improvement plans and all adopted mitigation measures and
25 conditions of approval prior to City acceptance of the public area improvements.
26
RED®.~~ ®95:,'NCS
Pale 12
1 Public Services/Recreation Mitigation Measures
2
3 1. The project shall be subject to the payment of Community Facilities Fees, in
4 accordance with Title 17, Chapter 17.14, of the Municipal Code, to offset the
5 impacts to public facilities. Fees shall be calculated by the City at the time of
6 building permit issuance and are due and payable by the applicant prior to final
7 inspection or issuance of a Certificate of Occupancy.
8
9 2. The applicant of any project which proposes commercial occupancies shall secure
10 approval from the Fire Marshal and Building Division prior to signing lease
11 agreements and allowing occupancy of prospective occupants that pose possible
12 fire and safety hazards, or are classified by the Uniform Building Code as an
13 (hazardous) occupancy.
14
t5 3. The project shall be subject to the payment of established City Special
16 Development Fees, including: Park and Recreation Land Improvements, Sewer
17 and Water connection, and Traffic Mitigation as specified by City Resolution.
18
19 4. In order to ensure public safety and provide for police surveillance, all non-
20 residential buildings and public use areas shall have security alarms and provide
2l motion or heat sensitive security lighting to parking areas, pedestrian pathways and
22 areas of concealment around the perimeter of each building. All parking areas and
23 pedestrian pathways shall provide visual access to the extent practicable from
24 public streets and may require mirrors placed on an angle to be seen from the street
25 or public right-of--way to provide visual access to areas of potential concealment.
26
27 5. Prior to the issuance of a Certificate of Occupancy, the applicant shall provide and
28 maintain current emergency contact information on file at the Police Department.
29
g®aJ9 ° 95 ~ NCB
Page 13
1 Utilities 1Vlitigation 1Vleasures
2
3 1. The applicant shall pay all relevant impact and/or connection fees in place at the
4 time of building permit issuance for each new commercial building.
5
6 2. The following conditions/provisions of Pacific Gas and Electric Company shall be
7 met prior to .approval of the improvement drawings:
8
9 a. Gas and electric service will be supplied to this development in accordance
1 o with our applicable gas and electric extension rules. These rules are on file
11 with the California Public Utilities Commission and are available from
12 PG&E's North Coast Division upon request.
13 b. All costs associated with any relocation or rearrangement of PG & E's
t 4 existing gas or electric facilities, if necessitated by this development, will be
15 the responsibility of the requesting party, and will be contingent upon the
16 provision of satisfactory easements for the relocated facilities.
17
18 3. All required mitigation measures shall be reflected on the plans submitted for City
19 approval of the Improvement Drawings.
20
21 4. All construction shall be consistent with the approved Improvement and
22 Construction drawings.
23
24 5. Fees shall be paid by the applicant pursuant to City adopted Resolutions.
25
26 6. The applicant's design engineer shall verify the horizontal and vertical location of
27 all existing utilities in the area and shall design any proposed subsurface work or
28 utility extensions to avoid disruption of services. All high-risk utilities (i.e. high-
29 pressure gas line) shall be pot-holed prior to construction.
30
DES®o~~°95~NCS
Page 14
I 7. Water and conservation measures shall be incorporated into project design and
2 construction in accordance with applicable codes and ordinances.
3
4 Energy/Natural Resources Mitigation Measures
5
6 1. Construction activities should be scheduled and the use of heavy equipment
7 maximized so as to limit the amount of fuel consumed. Imported fill should be
8 limited to the maximum extent feasible.
9
10 2. All building plans shall conform to the requirements of Title 24 of the Uniform
11 Building Code for energy efficiency. The applicant shall submit Title 24
l2 calculations demonstrating compliance with building code standards for review and
13 approval by the Building Division prior to issuance of a building permit.
14
15 3. For exterior lighting of buildings, streets, and parking areas, low intensity lighting
16 shall be utilized. Consideration should be given to the use of solar powered light
l7 fixtures for lighting outdoor areas and the use of motion sensors for lighting of
18 interior areas only when occupied, rather than standard lighting fixtures that would
19 remain lit.
20
21 Cultural Resources Mitigation Measures
22
23 1. Trenching for utilities and irrigation lines shall be kept to as shallow a depth as
24 practical to avoid disturbing potential subsurface resources.
25 2. For all construction activities, potential to uncover unknown archaeological
26 resources exist. Should any artifacts, cultural remains, or potential resources be
27 encountered during construction activities, work in the area of the find shall cease
28 and the construction contractor shall notify the Director of Planning.
29 Archaeological features include artifacts of stone, shell, bone, or other natural
30 materials. Association with artifacts includes hearths, house floors, and dumps.
31 Human burials, if encountered, require the notification of the County Coroner in
Page 15 9 5 N C S
1 addition to the monitoring archaeologist. The City shall consult with a qualified
2 cultural resource specialist to evaluate the find. If the suspected remains are
3~ determined to be potentially significant, all work in the vicinity shall be halted until
4 mitigation measures are incorporated into the design, or the removal of the resource
5 has been accomplished in accordance with recommendations by the archaeologist.
6 The applicant shall comply with all mitigation recommendations of the
7 archaeologist prior to commencing work in the vicinity of the archaeological find.
8 The applicant shall be responsible for all costs associated with consulting a cultural
9 resource specialist and with implementation of mitigation measures.
10
11
12 s:Aplannine\ccAresolution\pazkwayreso99-96
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) ~§~#li(~F~ meetings-' fO~~
on the ---19th............ day of April 19.9.9.., by the
following vote:
~ City Attorney
AYES: Heal Torliatt Cader-Thom son Ma wire Vice Ma or Keller Ma or Thom son ~
Y> P ~ g ~ Y ~ Y P
NOES: None
ABSENT: H~a/~m~.~il~ton jj~~~
ATTEST: ............................Y.,1:.:..... ..1I.:~t~
City Clerk Mayor
(~auncil Filep.~.,_p......_...._
CA l0~85 Res. No. ~..~i.......... N.cs. Page 16 of 16