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HomeMy WebLinkAboutResolutions 2011-023 N.C.S. 02/07/2011Resolution No. 2011 -023 N.C.S. of the City of Petaluma, California ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PEP WOOD SORREL SENIOR HOUSING PROJECT LOCATED AT 855 WOOD SORREL DRIVE APNs 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, APNs 137 - 170 -037 and 137 - 061 -023 for a Zoning Ordinance 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 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 Resolution No. 2011 -023 N.C.S. Page 1 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 Mitigated Negative Declaration, the Initial 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 Mitigated Negative Declaration, and a Mitigation Monitoring and Report Program and recommended adoption of the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program; and, WHEREAS, on February 7, 2011 the Petaluma City Council reviewed the Mitigated Negative Declaration, all supporting documents including but not limited to the Initial Study, the recommendation of the Planning Commission, staff reports and related materials, public comments and all evidence presented at or before a noticed public hearing on February 7, 2011 at which time all interested parties had the opportunity to be heard; and, WHEREAS, the Initial Study and Mitigated Negative Declaration identify mitigation measures applicable to the Project, as incorporated herein by reference; 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 Mitigated Negative Declaration reflects the City's independent judgment and analysis of the potential for environmental impacts from the Project; and, WHEREAS, the Mitigated Negative Declaration, 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, 11 English St. Petaluma, CA 94952, attn: Irene Borba. NOW, THEREFORE, BE IT RESOLVED THAT the City Council finds and determines as follows: 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 City Council finds that there is no evidence that the Project as mitigated will have a significant effect on the environment, that the Mitigated Negative Declaration reflects the City's independent judgment and analysis, and that the Mitigated Negative Declaration, 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. 2011 -023 N.C.S. Page 2 3. The City Council adopts the Mitigation and Monitoring and Reporting Program set forth in Exhibit A hereto and incorporated herein by reference. All mitigation measures contained therein shall be conditions of approval of the Project. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: AYES: NOES: ABSENT: ABSTAIN: ATTEST 1 hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 7` day of February, 2011, by the following vote: Albertson, Barrett, Mayor Glass, Vice Mayor Flealy, Renee None Harris None City Clerk City to Mayor Resolution No. 2011-023 N.C.S. Page 3 Exhibit A p. L U City of Petaluma, California a 9 Community Development Department Planning Division X8 1 1 English Street, Petaluma, CA 94952 Project Plante: File Plumber: Address /Location: PEP Wood Sorrel 10 -ZOA -0322 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. Geoloav /Soils: Mitiaation Measures Resolution No. 2011-023 N.C.S. Page 4 Review Dept Due Date Staff Date Completed Initials MM G -1 As deemed appropriate by the City Engineer BLD /ENG BP and /or Chief Building Official, all 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. MM G -2 The design of all earthwork, cuts and fills, BLD /ENG BP drainage, pavements, utilities, 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.). MM G -3 Prior to Improvement Plan approval, the BD /ENG BP applicant shall obtain a geotechnical engineer to review the final project plans and - specifications to determine if they are Resolution No. 2011-023 N.C.S. Page 4 Resolution No. 2011 -023 N.C.S. Page 5 Review Dept Due Date Staff Date Completed Initials 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. MM G -4 Construction and improvement plans shall be BD /ENG BP reviewed for conformance with 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. MM G -5 All earthwork, grading, trenching, BD /ENG BP backfilling, and compaction operations shall 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 # 1576, Title 17, Chapter 17.31 of the Petaluma Municipal Code). MM G -6 The applicant shall submit an Erosion and BD /ENG BP 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 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 Resolution No. 2011 -023 N.C.S. Page 5 Hydrology and Water Quality: Mitigation Measures In accordance with requirements set by the Review Dept Due Date Staff State Water Resources Control Board, as a Date Complete Initials measures shall be on -site by October 1 st. 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. MM G -7 All construction activities shall meet the BD /ENG BP completion. The SWPPP shall be submitted Uniform Building Code regulations for for review and approval by Public Works seismic safety. Foundation and structural prior to approval of improvement plans or design for buildings shall conform to the issuance of grading or building permits. City requirements of the Uniform Building Code, inspectors shall inspect the improvements as well as state and local laws /ordinances. and verify compliance prior to acceptance Construction plans shall be subject to of improvements. The SWPPP shall comply review and approval by the Building Division with San Francisco Bay Area Regional Water prior to the issuance of a building permit. All Quality Control Board requirements and work shall be subject to inspection by the include the following as appropriate: Building Division and must conform to all applicable code requirements and approved improvement plans prior to issuance of a Certificate of Occupancy. MM G -8 All public and private improvements shall BD /ENG BP be subject to inspection by City staff 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 Applicant 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: Resolution No. 2011 -023 N.C.S. Page 6 Resolution No. 2011 -023 N.C.S. Page 7 Review Dept Due Date Staff Date Completed Initials MM H &W -1 BD /ENG BP 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. MM H &W -2 BD /ENG BP 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. MM H &W -3 The applicant shall designate on the BD /ENG BP 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. MM H &W -4 No debris, soil, sand, cement, or washing BD /ENG BP 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. Resolution No. 2011 -023 N.C.S. Page 7 Resolution No. 2011 -023 N.C.S. Page 8 Review Dept Due Date Staff Date Completed Initials MM H &W -5 Pesticides and fertilizers shall not be BD /ENG BP 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. MM H &W -b The applicant shall submit the required BD /ENG BP 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. MM H &W -7 Prior to issuance of a grading or building PD /ENG BP permit or approval of any 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. MM H &W -8 The applicant shall submit a detailed BD /ENG BP grading and drainage plan for review 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 Resolution No. 2011 -023 N.C.S. Page 8 Noise: Mitigation Measures MM N -1 Review Dept Due Date Date Completed Staff Initials Criteria ". Channel modifications and bank to noise sources along McDowell Blvd in the stabilization improvements within a natural residential units, the bedrooms and the stream channel shall be designed in living rooms shall have windows with an STC conformance with the City's "Restoration rating of at least 30 to reduce interior noise Design and Management Guidelines ". The levels to less than 45 decibels. Plans drainage plans shall include supporting submitted for building permit shall provide calculations of storm drain and culvert size the appropriate information. using acceptable engineering methods. No MM N -2 Windows shall be weather stripped and PD /BD BP lot -to -lot drainage shall be permitted. mounted in low air filtration rated frames. Surface runoff shall be addressed within Standard energy conserving construction each individual lot, and then conveyed to practices should satisfy this requirement. an appropriate storm drain system. All MM N -3 Air conditioning or mechanical ventilation PD /BD hydrologic, hydraulic and storm drain shall be provided to allow occupants to system design shall be subject to review and close windows and doors for adequate approval of the Sonoma County Water noise isolation. Agency (SCWA) and the City Engineer. MM N -4 A letter from an acoustical engineer shall be Noise: Mitigation Measures MM N -1 For the bedrooms and living rooms exposed PD /BD BP required permits from responsible agencies to noise sources along McDowell Blvd in the and provide proof of compliance to the Cit 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. MM N -2 Windows shall be weather stripped and PD /BD BP mounted in low air filtration rated frames. Standard energy conserving construction practices should satisfy this requirement. MM N -3 Air conditioning or mechanical ventilation PD /BD BP shall be provided to allow occupants to close windows and doors for adequate noise isolation. MM N -4 A letter from an acoustical engineer shall be PD /BD BP 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. IMPLEMENTATION The applicant shall be required to obtain all ENG /PD BP required permits from responsible agencies and provide proof of compliance to the Cit Resolution No. 2011-023 N.C.S. Page 9 MONITORING The Building Division, Planning Division, Review Dept Due Date Staff Engineering Section and Fire Departments Date Completed Initials prior to issuance of grading permits or approvals of improvements plans. The applicant shall incorporate all ENG /PD BP applicable code provisions and required mitigation measures and conditions into the design and improvements plans and specifications for the project. The applicant shall notify all employees, ENG /PD BP contractors, and agents involved in the ENG /PD BP 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 /PD CO The applicant shall provide for the cost of ENG /PD BP monitoring of any condition or mitigation measure that involves on -going operations on the site or long -range improvements, such as archaeological resources, etc. MONITORING The Building Division, Planning Division, ENG /PD /FM FM /BP Engineering Section and Fire Departments shall review the improvement and construction plans for 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. The Planning Division shall ensure that the ENG /PD BP 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. Prior to acceptance of improvements or ENG /PD CO 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 The applicant shall designate a project ENG /PD BP manager with authority to implement all Resolution No. 2011-023 N.C.S. Page 10 Department Requested By or Due Date PD Planning Division FMFinal Map FM Fire Marshal BPBuilding Permit ENG Engineering Division COCertificate of Occupancy BD Building Division SPARSite Plan and Architectural Review LTM Long -Term Monitoring Resolution No. 2011 -023 N.C.S. Page I 1 Review Dept Due Date Staff Date Completed Initials 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. Mitigation measures required during PD BP construction shall be listed as conditions on the building or grading permits and signed by the contractor responsible for construction. City inspectors shall insure that construction ENG /PD CO activities occur with the approved plans and conditions of approval. If deemed appropriate by the City, the ENG /PD BP applicant shall arrange a pre- 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. Department Requested By or Due Date PD Planning Division FMFinal Map FM Fire Marshal BPBuilding Permit ENG Engineering Division COCertificate of Occupancy BD Building Division SPARSite Plan and Architectural Review LTM Long -Term Monitoring Resolution No. 2011 -023 N.C.S. Page I 1