HomeMy WebLinkAboutResolution 98-124 06/15/1998 Resolution No. ss-lz4 N.C.S.
I of the Ciry of Petaluma, California
3
4 APPROVAL OF A MITIGATED NEGATIVE DECLARATION
s FOR THE CAPRI CREEK APARTMENTS, LOCATED SOUTHEAST OP THE
6 TERMINUS OF RIESLING ROAD. AP No. 137-070-075
7
S WHEREAS, an Initial Study was prepared and the results of the study indicated that the
9 proposed Capri Creek Apartments, as mitigated, will not cause any significant adverse
to environmental impacts; and,
II
12 WHEREAS, the Planning Commission of the City of Petaluma held a noticed public
13 hearing on May 26, 1998 on the subject application, heard testimony and concluded that
14 the findings and conditions for the project were adequate and recommended to the City
15 Council approval of the proposed development; and
I6
t7 WHEREAS, all reports and communications to the Planning Commission were
I8 forwarded to the City Council; and
19
20 WHEREAS, the City Council considered the Capri Creek Apartments proposal on June
21 15, 1998 and considered all written and verbal communications concerning potential
22 environmental impacts resulting from the project before rendering a decision;
23
24 NOW, TI-IEREFORE, BE IT RESOLVED that the City Council approves the Mitigated
2S Negative Declaration subject to the following Findings and Mitigation Measures:
26
27 Findings for Mitigated Negative Declaration
2g
29 1. An Initial Study has been prepared for the Capri Creek Apartments, and proper
3o notice provided in accordance with CEQA and local guidelines.
31
32 2. Based upon the Initial Study and comments received, potential impacts could be
33 avoided or reduced to a level of insignificance by mitigation measures attached as
34 conditions of approval. "There is not substantial evidence that the Capri Creek
35 Apartments, as conditioned, would have a significant effect on the environment.
36
37 3. A monitoring program will be created to insure compliance with- the adopted
38 mitigation measures for the Capri Creek Apartments.
39
40 4. The Capri Creek Apartments does not have potential to affect wildlife resources
41 as defined in the Fish and Game code, either individually or cumulatively, and is
42 exempt from Fish and Game filing fees.
43
44 5. The Capri Creek Apartments is not located on any FIazardous Waste List
a5 compiled by the State pursuant to Section 65962.5 of the Government Code.
l
Reso~u~ionxo. 9$-124 x.aa Page 1 of 12
I 6. The Planning Commission/City Council reviewed the Initial Study/Negative
2 Declaration and considered the comments before making a decision on the
3 project.
4
5 7. The recorded proceedings of the decision is available for public review at the City
6 of Petaluma, Planning Department, City Hall, 11 English Street, Petaluma, CA.
7
8 Potential circulation impacts resulting from development of the Capri Creek
9 Apartments, as conditioned, will be adequately mitigated through: improvement
to of the Sonoma Mountain Parkway right-of--way including integration of a new
11 intersecting streets for access to the project and adjacent properties; and a system
12 of interior, public streets adequately designed to meet the anticipated traffic
13 volumes. The project will also achieve implementation of pedestrian and bicycle
14 links.
IS
16 9. Potential drainage impacts resulting from development of the Capri Creek
17 Apartments, as conditioned, will be adequately mitigated by providing the
IS installation of drainage improvements designed to City and Sonoma County
19 Water Agency Standards, and to preclude lot-to-lot surface runoff.
20
21 ] 0. Potential noise impacts to existing residents and future residents of the Capri
22 Creek Apartments and surrounding neighborhoods will be adequately mitigated
23 by the restriction of construction hours; and a recorded notice will be required to
24 ensure that proper disclosure of potential noise impacts is provided to potential
25 buyers of homes adjacent to the designated commercial site, the future school site
26 and the existing nursery facility; to advise potential buyers of theirexistence.
27
28 11. Potential visual impacts of the Capri Creek Apartments will be adequately
29 mitigated through use of compatible street, lot and building configurations/design,
30 which result in positive (fronting) orientation of homes towards the surrounding
31 public streets.
32
33 Mitigation Measures
3a
35 All mitigation measures as specified in the Initial Study for the Capri Creek Apartments
36 are herein incorporated.
37
38 I. EARTH
39
a0 Mitigations:
al
42 1. Final project improvement and grading plans shall be prepared by a California
a3 registered Civil Engineer (P.E.), and accepted by City staff prior to Final Map
a4 approval. "fhe plalis shall be prepared in compliance with the City of Petaluma's
45 Subdivision Ordinance and Grading and Erosion Control Ordinance. A
2
Reso. 98-124 NCS Page 2 of 12
I comprehensive erosion control plan shall be prepared, paying special attention to
2 prevention of increased discharge control plan required above shall include
3 measures such as: a) restricting grading to the non-rainy season; b) protecting
4 storm drainage outlets from erosion and siltations; c) use of silt fencing, and straw
5 bales to retain sediment on the project site.
6
7 2. Construction of all cuts and fills shall be completed with strict adherence to
8 specific geotechnic recommendations prepared by the project geotechnica]
9 engineer. All suggested improvements for the apartment complex shall be
to incorporated with the improvement drawings as directed by the City Engineer
1 I prior to City Council approval of the Fina] Parcel Map.
12
13 3. All construction and grading activities, including short-term needs (equipment
14 staging areas, storage areas, and field office locations) shall expose as little new
i5 ground as possible.. Whenever possible, existing disturbed areas shall be used for
16 such purposes,. rather than disturbing additional new ground.
I7
I8 4. All .grading activity shall be completed prior to the onset of the rainy season
l9 (October 15th). Time extensions .for short-term grading may be allowed at the
20 discretion of the City Engineer. Special erosion control measures may be required
zl by the City Engineer in conjunction with any specially permitted rainy season
22 grading.
23
24 5. Foundation and structural design for all buildings shall be subject to review and
25 approval by the City of Petaluma Building Division prior to the issuance of a
26 building permit. Design measures shall conform to the requirements of the
27 Uniform Building Code, as well as state and local laws/ordinances. Said
zs foundation and structural design shall be prepared pursuant to and consistent with
z9 the geotechnical report prepared for the proposal.
30
3I Monitoring:
32
33 1. Required improvements shall be reflected on plans submitted in conjunction with
34 the project's improvement drawings and shall be reviewed and approved by the
35 Planning Director and the City Engineer prior to Final Map approval.
36
37 2. The Planning Director shall insure that approvals have been obtained from all
38 appropriate agencies prior to the issuance of grading permits.
39
40 3. City inspectors shall insure that construction activities occur consistent with the
4I above mitigation measures.
42
43 4, Prior to City acceptance, all public improvements shall be subject to inspection by
44 City staff for compliance with the approved Public Improvement Plans,
45 construction permits and project mitigation measures/conditions of approval.
46
3
Reso. 98-124 NCS Page 3 of 12
1 II. AiR
2
3 Mitigations:
a
5 1. Standard Best Management Practices regarding dust control measures shall be
6 implemented including maintenance of moist soil conditions, particularly on
7 windy days.
8
9 2. During excavation and/or fill activities, haul trucks used to transport soil shall
l0 utilize tarps or other similar covering devices to reduce dust emissions.
11
12 3. Upon completion of construction, exposed areas shall be planted in a timely
i3 manner according to the City-approved erosion control plan and PUD Master
t4 Landscape Plan. Acceptance of improvements and/or occupancy of buildings
15 shall be withheld until City acceptance of the erosion control measures.
16
17 4. Motorized equipment operated during construction activities shall be properly
18 mufflered and maintained to minimize emissions. Equipment shall be turned off
19 when not in use.
20
21 Monitoring:
22
23 1. The City's inspectors and the applicant shall insure that the above mitigation
24 measures are implemented. Periodic and scheduled inspections shall occur-to
25 insure implementation of the above mitigation measures.
26
27 2. The improvement drawings shall reflect that exposed areas shall be planted in a
28 timely manner. City inspectors shall insure that said planting is installed.
29
3o III. WATER
31
32 Mitigations:
33
3a 1. This development shall provide on-site improvements to eliminate the incremental
35 impact that the new development will have on Citywide drainage. If feasible, the
36 developer may participate in the oversizing of the detention basin required of the
37 Heritage Subdivision developer.
38
39 2. The applicant shall submit a detailed grading and drainage plan for the entire
4o project. Improvement drawings must be reviewed and approved by City staff prior
41 to the receiving a building permit. The drainage plans shall include supporting
42 calculations of storm drain and culvert size using acceptable engineering methods.
43 Surface runoff shall be addressed, then conveyed to an appropriate storm drain
44 system.
as
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Reso. 98-124 NCS Page 4 of 12
I 3. All site drainage improvements shall be designed and constructed in conformance
2 with the minimum requirements of Sonoma County Water Agency Flood Control
3 Design Criteria and shall be subject to review and approval of the Sonoma County
4 Water Agency and the City Engineer prior to the issuance of a building permit.
6 4. A comprehensive urban runoff control program will be needed to mitigate
7 potential residential non-point source water quality effects of the project during
8 and following construction. To achieve this the project applicant shall develop a
9 specific storm water management plan (SWMP) for the project. At a minimum,
l o the plan shall (1) identify specific types and sources of storm water pol lutants; (2)
1 I determine the location and nature of potential impact; and, (3) specify appropriate
12 control measures to eliminate any potentially significant impacts to receiving
13 water quality from storm water runoff. Typical urban residential control measures
14 may include the incorporation of public education, incorporation into the City's
15 street sweeping program, concrete stamps at storm drain inlets with "No
t6 Dumping, flows to the Petaluma River" or equivalent, and other design or source
17 control management practices as appropriate, to mitigate potential water quality
18 effects.
19
20 5. Pesticides and fertilizers shall not be applied to public landscape areas during the
21 rainy season (October-April).
22
23 6. The storm drain system shall accommodate the existing off-site runoff from the
24 adjacent lands; more specifically,, in the area of the connection to the existing
25 Riesling Road, and the two future streets that front to the north and west of the
26 proposal.
27
28 Monitoring:
29
30 1. Required mitigations and conditions of approval, shall be reflected on plans
31 submitted in conjunction with the project's improvement drawings, landscaping
32 drainage, stonnwater pollution prevention, and erosion control plans, and shall be
33 reviewed and .approved by the Pla~ining Director and the City Engineer, and as
34 appropriate the Sonoma. County Water Agency. The Planning Director shall
35 insure that appropriate approvals have been obtained from all necessary regulatory
36 and trustee agencies prior to the issuance of a grading permit.
37
38 2. All public improvements shall be subject to inspections by City staff for
39 compliance with the approved Public Improvement plans, construction permits
4o and project mitigation measures/conditions of approval, prior to City acceptance.
4I
42 3. City inspectors shall insure that all required construction activities occur
43 consistent with the mitigation measures and terms and conditions of approval,
44 inchiding the Landscaping Grading Drainage, and Erosion Control Plans andthe
45 Stormwater Pollution Prevention Plan.
5
Reso. 98-124 NCS Page 5 of 12
I 4. The Planning Director shall calculate the project's appropriate storm -water
2 drainage fee and shall insure that the fee is collected as. provided for in the City's
3 Resolution.
4
5 5. City Staff will oversee the formation of the Landscape Maintenance District to
6 insure perpetuaLmaintenance of the public area.
7
8 IV. PLANT LIFE
9
l0 Mitigations:
I1
I2 1. At the time of Final Map approval, the applicant/owner shall be responsible for
u establishment of a Landscape Assessment District (LAD) for the purposes of
14 perpetual maintenance of all street trees within the public rights-of--way.
I5 Landscaping within these areas shall be designed and installed to City standards
16 acceptable to City of Petaluma Planning, Engineering, Public Works and Park and
I7 Recreation Department staff. Separate irrigation systems shall be established for
t8 street frontage landscape areas located between the street curb and any perimeter
I9 walls. Costs of formation of the required LAD shall be borne by the project
20 proponents at the time of issuance of building permits.
21
22 Monitoring:
23
24 1. Landscaping drawings shall be reviewed and approved by the Plamling Director
25 and the City Engineer prior to the issuance of building permits.
26
27 2. All public improvements, including landscaping, shall be subjectto inspections by
2x City staff fof compliance with the approved Public Improvement plans,
29 construction permits and project mitigation measures/conditions of approval, prior
3o to City acceptance.
31
32 3. City staff will oversee the formation of the Landscape Maintenance District prior
33 to the issuance of building permits.
34
35 4. The Plam~ing Director shall insure that the applicant's landscape plan shall be
36 approved by SPARC prior to the issuance of building permits.
37
3x V. NOISE
39
4o Mitigations:
41
42 1. All construction activities shall comply with applicable 7_,oning Ordinance and
43 Municipal Code Performance Standards.
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Reso. 98-124 NCS Page 6 of 12
I 2. All construction activities shall be limited to 7:00 a.m. to 5:00 p.m. Monday
2 through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. Construction shall be
3 prohibited on Sundays and all holidays recognized by the City of Petaluma. The
4 hours of construction herein specified shall be stated on the improvement
5 drawings prior to the issuance of building permits.
6
7 3. All machinery and vehicles involved in the construction of the project shall be
8 properly maintained and shall be equipped with appropriate mufflers.
9
l0 4. Stationary construction equipment such as compressors, mixers, etc. shall be
I I placed as far as possible from existing residences. Quiet construction equipment
12 shall be used when possible.
13
14 5. The developer shall designate a project Disturbance Coordinator who will be
u responsible for responding to any complaints from the neighborhood about
16 excessive noise during construction periods, prior to issuance of a
I7 building/grading permit. The Disturbance Coordinator's telephone number shall
18 be conspicuously posted at the construction site. The Disturbance Coordinator
i9 shall determine the cause of noise complaints (e.g. starting too early, faulty
20 muffler, etc.) and shall take prompt action to correct the problem.
21
22 6. Prior to the issuance of a Certificate of Occupancy for any residential unit, the
23 applicant shall prepare a notice,, subject to City approval, which shall run with the
24 deed and be included within any rental agreement advising those tenants and
25 successors, that lands designated for commercial and park use are to the west of
26 the street identified as Capri Court. The notice shall also state that an existing
27 nursery operation is to the south/southeast. As a result. of these neighboring land
28 uses, tenants may be subjecC to visual impacts from the commercial development,
29 activity and noise generated by commercial operations (including but not limited
30 to truck and vehicle traffic, odors, i.e., restaurants, cafes, additives used in flower
31 cultivation, etc.) as well as vehicle and pedestrian traffic to and from these
32 adjacent properties. This exposure may be perceived as a nuisance by future
33 tenants if they are unaware of fuhire commercial or park activities and the existing
34 nursery facility prior to making the decision to rent a unit that is proximal to the
35 existing or future commercial center. park and nursery.
36
37 Monitoring:
38
39 1. Implementation of the above mitigation measures shall be administered by the
4o City and/or applicant as prescribed in each mitigation measure.
ai
42 2. The notices of adjacent uses required in the above mitigation measures shall be
43 prepared by the applicant in a form acceptable to the City Attorney and included
44 as a part of the Final Parcel documents prior to recordation.
45
7
Reso. 98-124 NCS Page 7 of 12
I VI. LIGHT AND GLARE
3 Mitigations:
4
5 1. Street lights in conformance with current City standards shall be installed in the
6 public streets.
7
8 2. The improvement drawings and(or landscape plans prepared for the project shall
9 reflect the location and design details of all light fixtures proposed. Said locations
l0 and details shall be reviewed and approved by the Site Plan and Architectural
11 Review Committee and the Director of Engineer prior to the approval of the Final
12 Subdivision Map.
13
14 3. The applicant shall prepare a landscape plan, including plant types and size, for
I5 the residential development including all public (including areas that front onto
P6 public rights-of--way) and private areas.
17
IS Monitoring:
19
20 1. Plans submitted for building permit approval construction permits shall be
21 reviewed for conformance with the above mitigation measures. All construction
22 shall be subject to inspection for conformance with the mitigation measures and
z3 the improvement drawings by City inspectors prior to the acceptance of the public
Z4 improvements.
25
26 VII. TRANSPORTATION
?7
28 Mitigations:
29
30 1. The applicant shall pay Traffic Impact Mitigation Fees as specified by City
31 Resolution at the time of building permit issuance.
32
33 Monitoring:
34
35 1. Plans submitted for building permit issuance and public improvement plans shall
36 reflect all adopted project conditions of approval and mitigation measures.
37
3x 2. Al] site improvements shall be subject to inspection by City staff for compliance
39 with the approved improvement plans and all adopted mitigation measures and
40 conditions of approval prior to City acceptance of the public area improvements.
41
42 3. Traffic Mitigation Fees shall be paid prior to the issuance of a Certificate of
43 Occupancy for each new home within the subdivision.
a4
as
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Reso. 98-124 NCS Page 8 of 12
I IX. PUBLIC SERVICE
2
3 Mitigations:
4
5 L The project shall be subject to the payment of Community Facilities Fees and
6 appropriate connection fees and other impact fees as specified by City Resolution.
7
8 2. The applicant/developer shall fully disclose to all home buyers the provisions
9 associated with owning a home within the Corona-Ely Assessment District No.l
t o at the time a building permit is issued.
II
12 3. Minimum fire flow required for this project is 2,500 gallons per minute at 20
13 pounds per square inch (psi).
14
15 4. Fire hydrants shall be spaced at a maximum of 300' apart. Location and type of
I6 fire hydrants are to be approved by the Fire Marshal's office.
l7
I8 5. Post. address at or near main entry door, a minimum of 4 inch letters on
19 contrasting background.
20
zt 6. Address locator required to be posted at or near the driveway entrance.
22 Reflectorized numbers are acceptable. Location and design to be approved. by the
23 Fire Marshal's office.
24
25 7. All required fire lanes, in which no parking is allowed, shall be designated by
26 painting curbs red.. Where no curbs exist, signs approved by fhe Fire Marshal shall
27 be installed.
28
29 8. Add as a general note to plans:
30
31 No combustible construction is permitted above the foundation unless an
32 approved all weather hard surface road is provided to within one hundred-
33 fifty (150') of the farthest point of a building or structure.
34
35 All fire hydrants for the project must be tested, flushed, and. in service
36 prior to the commencement of combustible construction on site.
37
38 9. Provide one fire extinguisher, 2AlOBC type, for each 3,000 square feet of floor
39 space, and/orarnaximum-travel distance of 75 feet from the extinguisher.
40
41 10. The building(s) shall be protected by an automatic fire extinguishing system as
42 required by the Uniform Fire Code.
43
9
Reso. 98-124 NCS Page 9 of 12
i 1-i. Provide to the Fire Marshal's office, a minimum of two (2) sets of fire sprinkler
2 plans and calculations for approval and issuance of permit prior to installation of
3 system.
4
5 12. Sprinkler system shall be provided with central station alarm monitoring which
6 shall notify the fire department in the event of water flow. In addition, a local
7 alanu shall be provided on the exterior and interior of the building.
8
9 13. Activation of the fire sprinkler system. shall sound an interior alarm that will
i0 notify all occupied spaces.
11
12 14. Provide smoke detectors in all sleeping rooms and common hallways. Detectors
I3 shall be provided hardwired with battery backup. Electrical circuits supplying
14 detectors shall be separate dedicated lines with no other devised on the circuits.
IS
I6 I5. Contractor shall provide the Fire Marshal's office with two (2) sets of plans for
17 the underground fire service main for permit approval, prior to commencement of
18 work.
19
20 16. All roofing material shall be rated class "B" or better, treated in accordance with
21 the Uniform Building Code Standard 32.7 and City of Petaluma Ordinance 1744:
22
23 17. The project shall be subject to the payment of established City Special
24 Development Fees, including: Park and Recreation Land Improvements, Sewer
25 and Water connection. School Facilities, and Traffic Mitigation as specified by
26. City Resolution.
27
28 Monitoring:
~y
30 1. Plans submitted for building permit approval and development permits shall be
31 subject to review by City staff to insure that the above mitigatio~i measures are
32 incorporated into or with the improvement drawings.
33
34 2. All construction shall be subject to inspection by City staff for conformance with
35 the approved plans and adopted mitigation measures and conditions of approval
36 prior to City acceptance of public area improvements and issuance of a Certificate
37 of Occupancy for each new unit.
38
39 X. UTILITIES
40
41 Mitigations:
42
43 1. The applicant shall pay all relevant impact and/or connection fees in place at the
44 time of issuance of a building permit for each new residential building.
45
to
Reso. 98-124 NCS Page 10 of 12
1 2. The following conditions/provisions of Pacific Gas and Electric Company shall be
2 met prior to approval of the improvement drawings:
3
4 a. Gas and electric service will be supplied to this development in
5 accordance with our applicable gas and electric extension rules. These
6 rules are on file with the California Public Utilities Commission and are
7 available from PGXcE's North Coast Division upon request.
8
9 b. .All costs associated with any relocation or rearrangement of PG&E's
io existing gas or electric facilities, if necessitated by this development, will.
I I be the responsibility of the requesting party, and will be contingent upon
12 the provision of satisfactory easements for the relocated facilities.
13
I4 Monitoring:
is
16 1. All required mitigation measures shall be reflected on the. plans submitted for City
17 approval of the final Subdivision Map and Improvement Drawings.
I8
19 2. All construction shall be consistent with the approved Improvement and
20 Construction drawings.
2I
22 3. Fees shall be paid by the applicant pursuant to City adopted Resolutions.
i]
Reso. 98-124 NCS Page 11 of 12
I
z x>I. cuLTU~L xESODUCes
a Mitigations:
5
6 1. In the event that archaeological remains are encountered during grading, work
7 shall be halted temporarily and a qualified archaeologist shall be consulted for
8 evaluation of the artifacts and to recommend future action. The local Indian
9 community shall also be notified and consulted in the event any archaeological
io remains are tmcovered.
II
12 Monitoring:
13
14 1. The owner/builder and City inspectors shall monitor construction activities and
t 5 shall enforce the above mitigation measure.
I6
17
18 a:\ed4\rezoning\caprimnd.doc
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) (HdfA~B)C7(SpWt'&A) meeting form
on the L~,ih--`---._...-.. day of -.......June............_ 19.98.. by the
following vote:
rty A torne
AYES: Keller, Torliatt, Hamilton, Read, Vice Mayor Maguire, Mayor Hilligoss
NOES: None
~
ASSENT: Stomp / / /y--
ATTEST: - /s'~ rl l~ ~
.C~!~% 12 .Mayo ~...-T../ i~ ///Ll(!~ (
city clerk
(bimcil File.........._.._
~e io-es a~~sh~..98.-124...._._. rvcs- Page 12 of 12