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HomeMy WebLinkAboutStaff Report 7.A 10/17/2005CITY OF PETALUMA, CALIFORNIA TA AGENDA BILL October 17, 2005 Agenda Title: Meeting Date: October 17, 2005 Resolution allowing a non-residential outside sanitary sewer service for the Dutra temporary asphalt plant at 1600 Petaluma Boulevard j5� South (APN 019-210-010, 038, 039). Meeting Time: 3:00 PM ❑ 7:00 PM Category (check one): ❑ Consent Calendar ❑ Public Hearing XNew Business ❑ Unfinished Business ❑ Presentation Department: Public Works Cost of Proposal: N/A Amount Budgeted: N/A Director: Vin arengo Attachments to Agenda Packet Item: 1. Vicinity Map 2. Assessor's map 3. Site Plan 4. Future plant location (Haystack landing) 5. Sonoma County Use Permit 6. Resolution 89-68 Contact Person: Crai aulding 4 Phone Number: 778-4466 Account Number: N/A Name of Fund:N/A 7. Letter from CSW/Stuber-Stroeh Engineering Group, Inc. dated 8/15/2005 8. Resolution approving the outside sewer service Summary Statement: Due to the Lomas development on the existing Dutra asphalt plant site and the lack of a pennanent plant site, the asphalt plant is relocating temporarily to the Lomas site between the Petaluma River and Petaluma Boulevard South. The applicant is requesting a temporary sanitary sewer connection until the permanent site (approximately one half mile south on Petaluma Boulevard) is approved by Sonoma County. Recommended City Council Action/Suggested Motion: Approve the resolution with conditions to allow an outside sanitary sewer service for the Dutra temporary asphalt plant at 1600 Petaluma Boulevard South (APN 019-210-010, 038, 039). Reviewed b&41,4jj v Admin. Svcs. Dir: ate: y today's Date: �Wirer 1\ Approved b}lCitv Manager: Date: Revision # and Date Revised: File Code: CITY OF PETALUMA, CALIFORNIA OCTOBER 17, 2005 AGENDA REPORT FOR RESOLUTION ALLOWING A NON-RESIDENTIAL OUTSIDE SANITARY SEWER SERVICE FOR THE DUTRA TEMPORARY ASPHALT PLANT AT 1600 PETALUMA BOULEVARD SOUTH (APN 019-210-010,038,039) 1. EXECUTIVE SUMMARY: Due to the Lomas development on the existing Dutra asphalt plant site and the lack of a permanent plant site, the asphalt plant is relocating temporarily to the Lomas site between the Petaluma River and Petaluma Boulevard South. The applicant is requesting a temporary sanitary sewer connection until the permanent site (approximately one half mile south on Petaluma Boulevard) is approved by Sonoma County. 2. BACKGROUND: The existing Dutra asphalt plant is moving due to the Lomas development of the quarry site. Lomas is allowing Dutra to temporarily occupy their lower parcel between the Petaluma River and Petaluma Boulevard. The temporary location will continue to provide an asphalt plant for southern Sonoma County as well as the City of Petaluma until the permanent location is approved by the County. Sonoma County has issued a use permit to allow the plant to locate and operate at the Lomas site between Petaluma Boulevard and Petaluma River. As a condition of the use pen -nit, the County required the applicant (Dutra) to demonstrate adequate sanitary sewer service. The County required a class A modern system or connection to the City sanitary sewer even though the site is temporary. According to CSW/Stuber-Streoh, the historic fill in the area and proximity to the river would not likely support a septic system. As a result, a connection to the City sanitary sewer system would meet the County requirement for adequate sanitary sewer service. The permanent location of the asphalt plant (approximately one half mile south on Petaluma Boulevard) is currently under review with the County. City of Petaluma Resolution No. 89-68 establishes policies for sewer service outside the City limits. The subject property meets the initial criteria for outside sewer service because it lies outside the City limits and within the adopted sphere of influence (Urban Growth Boundary). However, because the existing use is non-residential, Resolution 89-68 requires that this application receive City Council approval. The sewage generated, from the proposed single toilet and sink bathroom, will be pumped from the site through a private force main and connect to the existing force main serving the COTS facility. Staff will recommend that the Dutra asphalt plant assume the maintenance responsibility of the COTS force main during the duration of plant's operation. Ultimately, the Lomas development will be constructing a gravity sewer main along Petaluma Boulevard South and the force main from the asphalt plant and COTS will be eliminated. According to the use permit issued by Sonoma County, the operation of the temporary asphalt plant shall not exceed a period of three (3) years. As a condition of approval for the outside sanitary sewer connection, City staff also recommends that the connection be terminated after three (3) years, to be consistent with the County use permit. It is also important to note that according to Resolution 89-68, any change in use not specifically approved by the City shall be cause for discontinuance of service. �i 3. ALTERNATIVES: Deny the outside sanitary sewer request or require additional conditions of approval. 4. FINANCIAL IMPACTS: N/A 5. CONCLUSION: This applicant meets the criteria for outside sewer service and is requesting approval from the City Council as required by Resolution 89-68. With the conditions recommended in the resolution approving the sewer connection, staff takes no exception to the subject outside sewer service. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: N/A RECOMMENDATION: Approve resolution allowing outside sewer service to the temporary Dutra asphalt plant at 1600 Petaluma Boulevard South (APN 019-210-010, 038, 039). SAEngincering Division\Outside Secver\Wsphalt plant.due 9 ATTACHMENT 1 nnnlrr—T c"1Tr (,IS2 CSW/STUBER-STROEH I L� ENGINEERING GROUP, INC. CONSULTING ENGINEERS 790 DeLong Ave., Novato, CA. 94945-3246 (415) 892-4763 FAX (415) 892-4502 D 200! REV. 105-12-05 (SCALE: NTS DUTRA PETALUMA JOB# 591304 TEMPORARY AC MAP I VICINITY MAP SONOMA \\Odsl\Data\Civil\5\591304\dwg\Cl.dwg, 09/02/2005 8:08:02 AM, sped, 1:1.07087 PLANT CALIFORNIA A MA TAX RATE AREA 19-21 138-005 3-062 Sw P.59 AC r.55Ag% /.93AG 's NB9°aP30 E 679.84 "Sp PETAL(�MA. $��� ;SY4L O.pB— Wy U ,. y!5J3� �fE /NSE7 LEF n ` J! o ., M f��511 m) y` SZS ,,ma�yy h o Iy, Q /.8OAc. f i h !73.00 I !9 LTB AE 1.72AC (� WAC 5/4 C ATTACHMENT 2 @L `"wt flip OA % r' 3� -0-�� a� SEC.34,T.5N..R.7W. _ SEC. s, r.4N R.7W e R/S 458-7 c w � w 300` 3062 y 4.35 A0. M 'hSg9°t2k'2PP R Ory ^ S89 °f5£ 395 L00AC w N N Z . Sg9°C2'E PP2 Porce! Mop No. 3342 Bk 178 Pg. 7, Rec. /0////72 L S84'23;E T999,p PM 3342 y 54 6f Assessors Mop 81r. 19 Pg. 21 Counly of SOnamo, Co/1f. REVISE 2 -1I -a{ . 4 - 8 -82; I2-2 =82. 5 3 A $ Lor 3 N 153 x� g9 ll 37 a 12.38 Ac, ^ to Q 6 b � N ro N Porce! Mop No. 3342 Bk 178 Pg. 7, Rec. /0////72 L S84'23;E T999,p PM 3342 y 54 6f Assessors Mop 81r. 19 Pg. 21 Counly of SOnamo, Co/1f. REVISE 2 -1I -a{ . 4 - 8 -82; I2-2 =82. 5 M Z W Pfq(U�, Ox/ CALiRANS YARD IL TEMMRARY PRWAP4IARIULI 35 - PEfALUNA BLVD. SOUTH -77 \\Odsl\Data\Civil\5\591304\dwg\CS-SITE --vara CSw/S BER-STROEH CSW ENGINEERING GROUP, INC DIfTRA TEMPORARY ASPHALT PLANT vx [St]Z ENONEERS & PLANNFAS m 0A.U.- PROPOSED SITE PIAN $� OaL—. A— Nora iN 9weafdbb IL .1 ' """'°' a\m b.a.°"= DUTRA GROUP INC PLAN.dwg, 09/02/2005 8:08:38 AM, sped, 1:3.1703 �r<� on�rrrws oral i=� � ciun-o,mcc ma I � aauus cr;rvncn �srvo ruxc ,r' PETALUMA RIVER � ,? lj--K' kc, `Zt rg ry --�oxew-BRIDGE ( \ / osrwo rnd wm � ei nEt 1 aeour[o an ;n[ P0# 019-520-023 ASPHALT PLANT � 0 02 EA: n1tARE touucS I�5C. ' oil s! AEC1)'m 0000 ��/ �,/��� ¢n nr[ muhucra' n __ - `_•{x, ,– .: � L _ � sua+e� r I � ( I !�// �``�__ & t \��` �� �C� - -t� 41 it ti _ -Y" — — STATE HIGHWAY 107 ---------- SUE PLAN _ DO RA—HAYS '1'ACK PROPOSED LANDING PROPOSED DEVELOPMENT ASPHALT & RECYCLING PLAN A'P P4C T1 ITV ik- ATTACHMENT 5 Conditions of Approval Date: July 12, 2005 File No.: UPE05-0047 Applicant: Al Cornwall/Dutra Group APN: 019-210-010, 019-210-038 and -039 Address: 1600 Petaluma Blvd. S, Petaluma Project Description: Request for a Use Permit for the temporary relocation of an existing asphalt batch plant with an existing barge off-load facility on 5.34 acres. Prior to commencing the use, evidence must be submitted to the file that all of the following non- operational conditions have been met. 7111M �11 The applicant shall apply for and obtain building related permits from the Permit and Resource Management Department. The necessary applications appear to be, but may not be limited to, site review, building permit, and grading permit. HEALTH: "The conditions below have been satisfied" BY DATE PRIOR TO BUILDING PERMIT OR PROJECT OPERATION: 2. Connection shall be made to public water. Prior to building permit issuance or project operation, the applicant shall submit a "will serve" letter for water to Project Review Health to verify compliance. 3. Prior to building permit issuance, the applicant shall cause an analysis to be made by a Registered Civil Engineer or Registered Environmental Health Specialist regarding the existing septic system's ability to accommodate the peak flows from all sources and a septic system reserve area. Any necessary system expansion or modifications shall be done under permit and the current standards from the Well and Septic Section of the Permit and Resource Management Department and may require both soils analysis and percolation testing. The Project Review Health Specialist shall receive a final clearance from the District Specialist that all required septic system testing and design elements have been met. 4. An easement per the septic easement policy will be required for an off-site septic system. If an adequate septic area is not located, then connection to the City sewer system is required. 5. Toilet facilities shall be provided for patrons and employees. A copy of the floor plan showing the location of the restrooms shall be submitted to Project Review Health prior to issuance of building permits or project operation. 6. Noise control devices shall be installed on the burner and baghouse exhaust in accordance with page 7 of the acoustic report by Harold Goldberg of Rosen Goldberg & Der. The Project Review Health Specialist shall receive a letter of clearance from the sound consultant regarding conformance with the design and final installation of the noise control devices to the sound report requirements. 7. Prior to building permit issuance or project operation, the applicant shall submit a design for trash containers and recycling areas for review and approval to the Division of Environmental Health. (Fees may apply.) Is Conditions of Approval - UPE05-0047 Page 2 OPERATIONAL REQUIREMENTS: 8. A safe, potable water supply shall be provided and maintained. 9. Comply with applicable hazardous waste generator, underground storage tank, above ground storage tank and AB2185 (hazardous materials handling) requirements and maintain any applicable permits for these programs from the Hazardous Materials Division of Sonoma County Department of Emergency Services. 10. Noise shall be controlled in accordance with the following as measured at the exterior property line of any affected residential or sensitive land use: Maximum Exterior Noise Level Standards, dBA Cumulative Duration of Noise Daytime Nighttime Event in any one-hour Period 7 a.m. 10 p.m. to 10 P.M. to 7 a.m. 30-60 Minutes 50 45 15-30 Minutes 55 50 5-15 Minutes 60 55 1-5 Minutes 65 60 0-1 Minutes 70 65 Limit exceptions to the following A. If the ambient noise level exceeds the standard, adjust the standard to equal the ambient level. B. Reduce the applicable standards by five dBA for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises. C. Reduce the applicable standards by 5 decibels if they exceed the ambient level by 10 or more decibels. 11. The gravel berms and material stockpiles shall be constructed in accordance with page 6 of the acoustic report by Harold Goldberg of Rosen Goldberg & Der. The design and final construction of the barriers must be approved in writing by the consultant. Barrier height in relation to pad elevation must be certified by the project engineer. 12. A one day noise study commencing 30 days after project startup, to evaluate actual noise impacts to the residential parcels to the north and the marina t the south is required. The study must evaluate actual noise impacts and recommend additional mitigation measures if noise impacts on residential uses exceed the limits specified in the Noise Element of the General Plan. The applicant shall complete the recommended mitigation(s) specified by the Project Review section of PRMD within 90 days of being requested to do so. 13. A 30 day, On-going Noise Monitoring Plan shall be submitted to Project Review Health of PRMD. The applicant shall immediately begin the On-going Noise Monitoring Plan and reporting of results to PRMD upon request of PRMD. PRMD shall request the On-going Noise Monitoring Program only in response to noise complaints from nearby residential uses. 14. Facility operations shall be limited to the hours of 7:00 A.M. to 10:00 P.M. unless noise can be controlled in accordance with the Maximum Exterior Noise Level Standards. Conditions of Approval - UPE05-0047 Page 3 DRAINAGE REVIEW: "The conditions below have been satisfied" BY DATE 15, Drainage improvements shall be designed by a civil engineer in accordance with the Water Agency Flood Control Design Criteria, for approval by the Drainage Review Section of the Permit and Resource Management Department, and shall be shown on the improvement drawings. 16. The engineer shall include a site grading plan, and an erosion control plan as part of the required improvement drawings. The pians shall include all pertinent details, notes, and specifications. 17. Storm water runoff from areas that handle hazardous materials (oil, diesel, gasoline) must be directed to a point to treat or separate the pollutants prior to release into existing or proposed drainage facilities. 18. Grading, and/or building permits require review and approval by the Flood & Drainage Review Section prior to issuance. 19. The project would be subject to the National Pollutant Discharge Elimination System (NPDES) requirements, and coverage under the State General Construction Permit, as set by the Regional Water Quality Control Board (RWQCB). A copy of the Notice Of Intent (NOI) filed with the RWQCB, as well as the Waste Discharge Identification Number (WDID) issued by that agency; must be submitted to the Drainage Review Section of the Permit and Resource Management Department. TRANSPORTATION AND PUBLIC WORKS: "The conditions below have been satisfied" BY DATE 20. To allow single -unit trucks or buses to make turns without having to enter the opposing lane of traffic, and to insure adequate sight distance, the Developer shall make improvements to the intersection of The Dutra Driveway along the Northerly side of Petaluma Boulevard South. The improvements shall conform to AASHTO Standards and shall consist of a simple tum with pavement having a radius of 49 feet with a 1:10 taper preceding it and following the entrance. The driveway shall have a throat width of 35 feet. The driveway shall enter the public road as close to perpendicular as possible, but in no case shall the driveway enter the public road at more than 20 degrees from perpendicular. The minimum sight distance for vehicles entering and exiting the driveway shall be in accordance with AASHTO requirements for the actual speed traveled on the public road servicing the property. The Developer shall surface the entry with a minimum of 2.5 inches of asphaltic pavement between the edges of the existing pavement and the right-of-way line or a minimum distance of 50 feet, whichever is greater. The driveway intersection shall be paved. The driveway improvements shall be in place before occupancy or commencement of the new activity. This condition shall be void if the existing entry already meets these standards. 21. The Developer shall install traffic control devices as required by the Department of Transportation and Public Works, including items such as traffic signs, roadway striping, pavement markers, etc. 22. The Developer shall contribute a "fair share" toward the future signalization of the intersection of Petaluma Boulevard South with The Highway 101 Souhtbound onremp improvements, to be constructed by the Department of Transportation and Public Works and ! or Caltrans. For the purposes of conditions of approval, the "fair share" amount shall be considered a percentage of the cost of design and construction of the signalization of the intersection based on use. The Department of Transportation and Public Works shall determine the actual cost from a study performed by the Department of Transportation and Public Works. The Developer shall enter into a written agreement with the County for payment of the developer's share of the deferred cost of the signalization costs. The County will deposit these funds into an account to pay for construction a Conditions of Approval - UPE05-0047 Page 4 of the Signalization Improvements on Petaluma Boulevard South with Hwy 101 on-ramp in the future. 23. All improvements shall be constructed in accordance with the Department of Transportation and Public Works Road policy. 24. Developer shall employ a Registered Civil Engineer, licensed in the State of California, to develop plans for the required improvements. The scale of these improvement plans shall be a minimum 1 inch equals 40 feet, and shall be submitted on 24 inch by 36 inch sheets for review. The Plans shall include roadway cross-sections, at a maximum interval between cross-sections of 50 feet. 25. Plan checking fees and Inspection fees, including those involving off-site frontage improvements, shall be paid to the Permit and Resource Management Department, prior to signature of the Improvement Plans by the Director of the Department of Transportation and Public Works. 26. Prior to issuance of any building permit that results from approval of this application, a development fee (Traffic Mitigation Fee) shall be paid to the County of Sonoma, as required by Section 26, Article 98 of the Sonoma County Code. 27. The Developer shall submit improvement plans for all required improvements to the Office of the County Surveyor in the Permit and Resource Management Department for review and approval. Prior to the issuance of any Grading, Building or Encroachment permits. The Improvement Plans shall be signed by the County Engineer in the Department of Transportation and Public Works. 28. Prior to construction of any improvements that are to be made within County road right-of-way, the Developer must obtain an Encroachment Permit from the Permit and Resource Management Department. 29. ADVISORY NOTE: The Sonoma County Department of Transportation and Public Works may modify these conditions if the Applicant can demonstrate that the conditions are infeasible due to unforeseen field constraints or lack of property rights, and that the goals of these conditions can be safely achieved in some other manner. However, the threshold for any modification is high, and therefore modification of conditions is not common. PLANNING: "The conditions below have been satisfied" BY DATE 30. This Use Permit allows for the temporary relocation of an asphalt batch plant operation to a 5.34 acre site with an existing barge off-load facility at 1600 Petaluma Boulevard South. The operation of the temporary facility shall not exceed a period of 3 years. The proposal includes erection of the portable plant (including a main hopper, several feeder hoppers, diesel and oil storage tanks, the drum, bag house and two silo towers); a portable control house and office; and continuation of the off-loading and stockpiling activity. Improvements to site drainage and some minor grading are also proposed. Operations would continue unchanged, with a maximum production of 200 tons per hour, six full-time employees and annual production of up to 250,000 tons per year. Normal operating hours would be 6:00 AM to 6:00 PM Monday through Friday with nighttime and weekend operations when needed for Caltrans nighttime construction projects and other customer requirements. The use shall be operated in accordance with the proposal statement and site plan located in File# UPE05-0047 unless otherwise modified by these conditions. 31. The applicant shall pay all applicable development fees prior to issuance of building permits. 32. Development on this parcel is subject to the Sonoma County Fire Safe Standards and shall be reviewed and approved by the County Fire Marshal/Local Fire Protection District. Said plan shall include. but not be limited to: emergency vehicle access and turn -around at the building site(s), Conditions of Approval - UPE05-0047 Page 5 addressing, water storage for fire fighting and fire break maintenance around all structures. Prior to occupancy, written approval that the required improvements have been installed shall be provided to the Permit and Resource Management Department from the County Fire Marshal/Local Fire Protection District. 33. The applicant shall pay within five days after approval of this project to the Permit and Resource Management Department a mandatory Notice of Determination filing fee of $35 for County Clerk processing (check shall be made payable to Sonoma County Clerk and submitted to the Permit and Resource Management Department), and 1. No additional fee because the project is exempt from Fish and Game fee. 2. $850 because an EIR was prepared, for a total of $885. 3. _x_ $1250 because a Negative Declaration was prepared, for a total of $1285. This fee must be paid or the approval of this project is not valid. 34. At the time of submitting a building permit application, the applicant shall submit to the permit and Resource Management Department a condition compliance review fee deposit (amount to be determined consistent with the ordinance in effect at the time). In addition, the applicant shall be responsible for payment of any additional compliance review fees that exceed the initial deposit (based upon hours of staff time worked) prior to final occupancy being granted. 35. This "At Cost" entitlement is not vested until all permit processing costs are paid in full. Additionally, no grading or building permits shall be issued until all permit processing costs are paid in full. 36. The applicant shall include these Conditions of Approval on a separate sheet(s) of blueprint plan sets to be submitted for building and grading permit applications. 37. Prior to issuance of any building or grading permit the following note shall be included on such plans: If human remains are encountered, all work must stop in the immediate vicinity of the discovered remains and the County Coroner and a qualified archaeologist must be notified immediately so that an evaluation can be performed. If the remains are deemed to be Native American and prehistoric, the Native American Heritage Commission must be contacted by the Coroner so that a "Most Likely Descendant' can be designated. Mitigation Monitorinq: No permits for any construction activities shall be issued until the above note appears on the construction plans. 38. If archaeological artifacts such as pottery, arrowheads, midden are found, all work shall cease and PRMD staff shall be notified so that the find can be evaluated by a qualified archaeologist (i.e., an archaeologist registered with the Society of Professional Archaeologists). When contacted, a member of PRMD Project Review staff and the archaeologist shall visit the site to determine the extent of the resources and to develop proper mitigation measures required for the discovery. No work shall commence until a mitigation plan is approved and completed subject to the review and approval of the archaeologist and Project Review staff. 39. The project shall comply with all provisions of the County Low Water Use Landscaping Ordinance. 40. The applicant shall maintain a minimum of six parking spaces on-site to serve the proposed number of employees. Parking lot surfaces and any proposed lighting and exterior landscaping shall be maintained in good condition in compliance with the approved plans and conditions herein. 41. Prior to issuance of building permits, an exterior lighting plan shall be submitted for design review (by PRMD or Design Review Committee). Exterior lighting shall be low mounted, downward 1� Conditions of Approval - UPE05-0047 Page 6 casting and fully shielded to prevent glare. Lighting shall not wash out structures or any portions of the site. Light fixtures shall not be located at the periphery of the property and shall not spill over onto adjacent properties or into the sky. Flood lights are not permitted. All parking lot and street lights shall be full cut-off fixtures. Lighting shall shut of automatically after closing and security lighting shall be motion -sensor activated. All lighting shall be installed in accordance with building codes and the approved lighting plan during construction. Mitigation Monitoring: No building permits shall be finalized until the project planner verifies the installation of the lighting fixtures per approved plans. If light and glare complaints are received, the Permit and Resource Management Department shall conduct a site inspection and require that the property be brought into compliance as necessary. If compliance is not achieved, staff shall initiate procedures to further modify or restrict operations to address lighting concerns. 42. The applicant shall prepare and implement a comprehensive dust control program to minimize this potential impact. Measures shall include an active watering program of unpaved circulation areas and access roads, especially under windy conditions, a limitation on traffic speeds on unpaved roads to 10 miles per hour, and other measures as determined necessary to mitigate dust borne emissions. The applicant shall provide a watering truck onsite. Mitioation Monitorino: The applicant shall provide a comprehensive dust control program to PRMD for review and approval. The operational Use Permit certificate shall not be issued until such dust control program is approved. 43. The applicant shall employ Best Available Control Technologies to adequately control objectionable odors associated with the asphalt plant, and shall provide PRMD documentation of the controls to be implemented. if any complaints regarding odors are received, PRMD shall investigate to determine their validity and additional restrictions on operations may be imposed to further reduce odor problems if necessary. Mitiaation Monitorino: PRMD shall verify use of SACT and shall investigate any complaints received with respect to odors. 44. The applicant shall install silt fencing and orange construction fencing to prevent intrusion and unintended discharge of sediment into the two identified wetland areas at the northwestern and northern portion of the sites, as recommended and described in the wetland consultant's report, prior to site construction that could affect those areas. Specific locations of the fencing shall be identified in the field by the wetlands consultant. Mitiaation Monitorina: No grading or building permits that could potentially impact onsite wetlands shall be issued until plans showing the location and specifications of required fencing are provided to PRMD for review and approval. 45. If, for any reason, discharge of fill material into any of the wetlands identified onsite cannot be avoided by implementation of Mitigation Measure 4.0, the applicant shall contact the U.S. Army Corps of Engineers and San Francisco Bay Regional !Vater Quality Control Board to determine if Clean Water Act Section 404 and 401 authorizations would be required, and obtain any needed permits prior to such discharge. If permits are required, those regulations require appropriate mitigation to offset impacts. Mitiaation Monitorina: The applicant shall submit verification of Army Corps and/or Regional Water Quality Control Board permit approval for fill of onsite wetlands in the event that such permits must be obtained. 46. All employees on site shall undergo a cultural resources orientation and awareness training prior to commencing work activities onsite. Such training shall include familiarization with the stop work restrictions, noticing and handling procedures, and ultimate disposition of artifacts as described 6?3 Conditions of Approval - UPE05-0047 Page 7 1) Immediately upon discovery of archaeological resources, the shift foreman or manager at the project site should be notified and shall notify Sonoma County Permit and Resource Management Department of the discovery. The Permit and Resource Management Department should notify the North West Information Center (NW IC) and Ya-Ka-Ama. If the discovery occurs during ground disturbance activities, all work should be halted in the immediate vicinity of the find until the County's archaeological and Native American consultants have evaluated the find and mitigated associated impacts. Discovered cultural resources should be stored in a protected environment to prevent vandalism, damage, or theft, until such time as they are examined by an archaeologist and Native American, as appropriate. 2) The identification and handling of archaeological resources at the project should be conducted by qualified archaeologists or Native American representatives (approved by the local Native American community as scholars of their cultural traditions) when native American archaeological, ethnographic, or spiritual resources are involved. If no approved Native American representative is available, persons who represent tribal governments and/or organizations in the Middle Reach of the Russian River should be consulted. 3) All Native American artifacts discovered during reclamation should be returned to the Native American community through the Ya-Ka-Ama Indian Education Center, which will be responsible for the disposition of these materials. Arrangements for study of these materials by the archaeological community, prior to final disposition, should be developed by the County's archaeological consultants and Ya-Ka-Ama. These arrangements should include time frames for archaeological study and mechanisms for transporting materials to Ya-Ka- Ama. 4) If human bone or bone of unknown origin were found during reclamation activities, all work must stop in the vicinity of the find and Ya-Ka-Ama, the Sonoma County Permit and Resource Management Department staff, and the Sonoma County Coroner must be contacted immediately. If the remains were determined to be Native American, the Coroner will notify the Native American The operator shall provide Permit and Resource Management Department with a verification list of the employees completing the orientation. Mitigation Monitoring: County PRMD will verify that the required training has been provided prior to the commencement of work activities onsite. 47. For any structures proposed on the project site, the applicant shall demonstrate that adequate foundations or other soil engineering solutions will be implemented according to recommendations made by qualified soils and/or structural engineers. Such recommendations shall be shown on engineering drawings and building plans and be submitted to the County for review and approval. Mitigation Monitoring: Mitigation Monitoring: The County PRMD will review and approve engineering drawings and plans to assure that adequate measures will be implemented in consideration of potentially unstable soils onsite. 48. The applicant will prepare a Spill Prevention, Control and Countermeasures Plan (SPCC Plan) for the County's review and approval. Mitigation Monitoring: The County will review and approve the SPCC Plan, and operations at the project site will not be authorized until an inspection is completed to verify that all specified safeguards and procedures are in place. Conditions of Approval - UPE05-0047 Page 8 49. The applicant's Storm Water Management Plan for the proposed project shall be reviewed and approved by the Sonoma County PRMD prior to the issuance of grading and building permits. Mitigation Monitoring: All storm water improvements shall be shown on the grading plans. The operational use permit certificate shall not be issued prior to installation of these improvements. 50. The relocated asphalt plant shall comply with the following mitigation measures as described in the noise consultant's report: 1 } Burner — The open end of the burner shall be surrounded by a complete enclosure constructed of prefabricated panels. The panels shall be steel with sound absorptive material on the inside. For the burner enclosure, the sound absorptive material shall be rated for high temperatures. There shall be an intake for combustion air. This intake shall be fitted with an industrial ventilation silencer, also rated for high temperature. The combustion air blower shall be located inside the enclosure. Based on a design submitted by the noise control equipment vendor, Phoenix -E, the enclosure would provide a reduction in burner and related noise by approximately 25 dBA. 2) Baghouse Exhaust — The discharge stack shall be fitted with an industrial silencer. The silencer shall be located at the bottom of the stack, just above the baghouse fan. The sound absorptive material within the silencer shall be rated for high temperature and be encased in stainless steel mesh. Based on data for a 7 -foot long, low-pressure drop silencer provided by Phoenix -E, this treatment would reduce the baghouse exhaust stack noise by approximately 13 dBA. 3) As shown on project site plans, the stockpile along the western edge of the site shall be maintained at a height of 24 feet for the duration of the Use Permit to provide noise reduction. 4) Front-end loaders shall be equipped with proximity sensors acceptable to OSHA and Cal/OSHA so that backup beepers only sound when necessary. Mitigation Monitoring: PRMD staff shall review and approve the specifications for the burner and baghouse noise reduction measures prior to issuance of building permits for the project and verify via inspection that proper backup warning systems are being employed. 51. Any proposed modification, alteration, and/or expansion of the use authorized by this Use Permit shall require the prior review and approval of the Permit and Resource Management Department or the Board of Zoning Adjustments, as appropriate. Such changes may require a new or modified Use Permit and additional environmental review. 52. This permit shall be subject to revocation or modification by the Board of Zoning Adjustments if: (a) the Board finds that there has been noncompliance with any of the conditions or (b) the Board finds that the use for which this permit is hereby granted constitutes a nuisance. Any such revocation shall be preceded by a public hearing noticed and heard pursuant to Section 26-92-120 and 26-92-140 of the Sonoma County Code. In any case where a Use Permit has not been used within two (2) year after the date of the granting thereof, or for such additional period as may be specified in the permit, such permit shall become automatically void and of no further effect, provided however, that upon written request by the applicant prior to the expiration of the two year period the permit approval may be extended for not more than one (1) year by the authority which granted the original permit pursuant to Section 26-92-130 of the Sonoma County Code. ATTACHMENT 6 Resolution No. 89-68 N.C.S. of the City of Petaluma, California A RESOLUTION ESTABLISHING POLICIES FOR EXTENSION OF SEWER SERVICE FOR USE OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF PETALUMA WHEREAS, the City of Petaluma is willing, under certain circumstances, to provide sewer service to lands currently outside of the corporate limits of the City but within its Sphere of Influence. In addition, other limited service may be provided at the discretion of the City Council where existing conditions are an immediate threat to the health and welfare in areas outside of the City's Sphere of Influence. WHEREAS, by offering such opportunities it remains the City's policy to: 1) oppose urban development in unincorporated areas, 2) limit premature parcelization and development of agricultural lands, 3) offer sewer service as a means of meeting immediate human health needs rather than providing a convenience for future parcelization or development outside of the corporate limits; and, WHEREAS, certain areas have been identified as urban service areas on the City's adopted sphere of influence, wherein the provision of sewer service for less than urban densities is currently provided or will likely be provided, which are not planned as potential annexation areas. NOW, THEREFORE BE IT RESOLVED THAT: I. Applications for outside sewer service shall be considered and may be approved only when the following circumstances exist: A. AREAS WITHIN THE ADOPTED SPHERE OF INFLUENCE 1. The sewer service is to be used: 1) for dwellings in existence on the date of adoption of this resolution 2), for one principal dwelling and up to one accessory "granny" unit approved for construction on parcels created prior to the I Res. N.. -R775.9.8....... NCS. 10 date of adoption of this resolution, or 3) for non-residential uses only upon the approval of the City Council. 2. The sewer service is for residential purposes unless otherwise specifically approved by the City Council. 3. The sewer main from which service is to be derived is in place and of sufficient capacity to accommodate the requested service. If deemed necessary by the City Engineer, a sewer main to serve the property must be constructed to standards acceptable to the City of Petaluma and dedicated to the City for public use. B. AREAS OUTSIDE OF THE ADOPTED SPHERE OF INFLUENCE 1. A clear health hazard exists. 2. Need is demonstrated by evidence of contamination clearly stated in a letter from County Health Department with documentation by an independent laboratory and/or civil engineer whichever is deemed appropriate by City staff. 3. Service may be provided to dwellings or non-residential land uses in existence on the date of the adoption of this resolution or for dwellings for which building permits have been issued prior to the date of adoption of this resolution or for non-residential uses but only upon the approval of the City Council. 4. The sewer main from which service is to be derived is in place and of sufficient capacity to accommodate the requested service. If deemed necessary by the City Engineer, a sewer main to serve the property must be constructed to standards acceptable to the City of Petaluma and dedicated to the City for public use. 2 Reso. 89-68 N.C.S. I II. Applications for outside sewer service within the sphere of influence shall be reviewed and conditionally approved or denied by the City Engineer and the Director of Community Development and Planning in accord with the policies and conditions herein set forth. III. For areas outside the sphere of influence where a clear health hazard exists, requests shall be reviewed on a case-by-case basis by the City Council. IV. Every outside sewer service approval shall be subject to the following conditions and any other conditions the City Engineer and Director of Community Development and Planning deem necessary to protect and promote the interests of the City of Petaluma. Said conditions shall be implemented or complied with by the applicant, to the satisfaction of City staff prior to initiation of service. 1. For properties within the sphere of influence, annexation impact fees, as established by the City Council, shall be paid prior to the initiation of the sewer service and where it is deemed by the City Engineer and Engineering and the Community Development and Planning Director that immediate annexation is feasible, annexation shall become a condition of approval. 2. Any unauthorized extension of service for use not specifically approved by the City, e.g. a second dwelling, shall be cause for the discontinuance of service. 3. "Outside" rate to be established by City Council resolution, which reflects the current rate for service as per Petaluma Municipal Code and an additional fee for service outside City limits to the extent permitted by law. 4. An agreement shall be executed between the property owner and the City, to run with the land, which commits present and future property owners to the construction of, or payment for frontage improvements (i.e., one-half street, curb, gutter, sidewalk, 3 Reso. 89-68 NC'.5. Ip water lines for domestic use and fire protection, sewer and storm drainage facilities to City Standards), at the option of the City at such time as the property is subdivided, annexed or abutting properties construct similar improvements. Dedication of right-of-way for public streets or easements for utilities may be required. 5. Sewer service requested for lands lying within the sphere of influence proposed for subdivision must meet City Development Standards and have direct abutting access to an improved public street designed to meet City Standards. reso. outside. sewer /resoll REFERENCE: Under the power and authority conferred upon this Council by the Charter of said City„.,.. I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a (Regular) CAgMUENOXIOWMal) meeting on the 6th day of _._ ..._.. March 19-9-9 by the following vote: AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Da Mayor Hilligoss NOES: 0 AasErrr: I + ATTEST: ----j._��.���.f%�ty/..__.----�- ---•�� ___ _ City Clerk d Mayor W+mal F +- Cn ia.as xti va...$.}.-.6.8.._.... s.c.s- CSW [St]2 Date: August 15, 2005 File: 5.913.04 Mr. Craig Spaulding, City Engineer City of Petaluma 11 English Street Petaluma, CA 94952 ATTACHMENT 7 TEL: (415) 892-4763 FAX: (415) 892-4502 E-A lail: Office@cswst2.com CSW/Stuber-Stroeh Engineering Group, Inc. Engineers • Land Planners • Surveyors • Landscape Architects RE: HAYSTACK, DUTRA, PETALUMA: TEMPORARY A.C. PLANT Dear Craig: On behalf of the Dutra Group, we are submitting an application for an outside -of -District sewer connection for the temporary asphalt plant at 1600 Petaluma Boulevard South. As we have discussed, this plant will provide an interim local asphalt plant for the City of Petaluma as well as southern Sonoma County. The plant will be in operation for possibly as long as two seasons while the CEQA document is completed and all entitlements are obtained for the construction of the permanent asphalt plant at Haystack, approximately one half mile south on Petaluma Boulevard. As you may be aware, the current plant operates with a single bathroom in the scale house. This bathroom is connected to an existing septic system for which there are few records. As a Condition of Approval for the Sonoma County Use Permit that we obtained in July 2005, we are required to demonstrate that we have adequate sanitary sewer service. Although the existing septic tank was tested and passed, showing that current flows from the single bathroom are apparently adequately discharged through the septic tank and leach field, the County of Sonoma Department of Health Services is insisting that we upgrade the system to a Class A modern system, even though the site is temporary. We have had a number of discussions with representatives from the Department of Health Services to explore other possibilities as well. These other possibilities include a large holding tank which would be pumped out on a regular basis and the use of Porta -Potties as well as the use of the existing system. Department of Health Services has been adamant that we either upgrade to Class A system or connect to a sanitary sewer. Given the historic fill on the south side of Petaluma Boulevard, it is unlikely, ifnot impossible, that the Department of Health Services would approve any kind of system on the south property. As a result, we are requesting the City of Petaluma accept this application for an outside -of -District service to the City's sanitary sewer system. We would expect to place a force main along Petaluma 5s CcrW8- 15.05913 790 De Long Avenue, Novato, California 94945 1310 Redwood Way, Suite 200, Petaluma, California 94954 Mr. Craig Spaulding, City Engineer City of Petaluma August 15, 2005 Page 2 CSW Ist)Z Boulevard South to connect to the existing 4 -inch force main at the "Cots" facility which is the current last user on the system. We would connect to the existing 4 -inch force main at that facility, meeting all the criteria required by the City Department of Water Resources. We appreciate your help in processing this application. If you have any questions, please feel free to contact me. Sincerely, CSW/STUBER-STROEH ENGINEERING GROUP, INC. C&6rn4 Al Cornwell AC:vmj cc: Brian Peer, Dutra Materials Chris Locke, Farella Braun & Martel Jim Hagood, Dutra Materials 51CoWJH 1505 n❑ -21 ATTACHMENT 8 APPROVAL OF OUTSIDE SEWER SERVICE FOR THE DUTRA TEMPORARY ASPHALT PLANT AT 1600 PETALUMA BOULEVARD SOUTH (APN 019-210-010,038,039) WHEREAS, the Dutra asphalt plant applied for a temporary non-residential outside sewer service to include a single toilet and sink bathroom; and WHEREAS, the property meets the outside sewer service criteria as described in Resolution No. 89-68; and WHEREAS, also described in Resolution No. 89-68, a non-residential outside sewer service shall only be approved by the City Council, and WHEREAS, the following conditions of approval shall apply: 1) The sanitary sewer service shall be discontinued after three (3) years or relocation of the plant, which ever occurs first. 2) The operators of the Dutra asphalt plant shall be responsible for the maintenance of the COTS force main while the plant is in operation. NOW THEREFORE, be it resolved by the City Council of the City of Petaluma that the outside sewer service for the subject property is approved and the Community Development Department is directed to collect the appropriate fees, prepare an approval letter and execute and record an outside sewer connection agreement. SAEngineering Division\Resolutions\Asphalt plant.DOC