HomeMy WebLinkAboutResolution 98-052A 04/06/1998 Resolution No. 9s-52 ~ N.C.S.
Z of the City of Petaluma, California
3
4 APPROVAL OF A MITIGATF.,D NEGATIVE DECLARATION
5 FOR THE HERITAGE SUBDIVISION, AP NO 137-070-070
6
7 WHEREAS, an Initial Study was prepared and the results of the study indicated that the
8 proposed Heritage Subdivision, as mitigated, will not cause any significant adverse
9 environmental impacts; and,
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n WHEREAS the Planning Commission of the City of Petaluma held a noticed public
12 hearing on December 9, 1997 and January 27, 1998 on the subject application, heard
13 testimony and concluded that the findings and conditions for the project were adequate
14 and recommended to the City Council approval of the proposed development; and
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16 WHEREAS, all reports and communications to the Planning Commission were
I7 forwarded to the City Council; and
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19 WHEREAS, the City Council held a public hearing on the Heritage Subdivision on April
20 6, 1998 and May 4, 1998 and considered all written and verbal communications
21 concerning potential environmental impacts resulting from the project before rendering a
22 decision;
23
24 NOW, THEREFORE, BE 1'1' RESOLVED that the City Council approves the Mitigated
25 Negative Declaration subject to the following Findings and Mitigation Measures:
26
27 Findings for Mitigated Negative Declaration
28
29 1. An Initial Study has been prepared for the Heritage Subdivision, and proper notice
30 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 Heritage
35 Subdivision, as conditioned, would have a significant effect on the environment.
36
37 3. A monitoring program has been included to insure compliance with the adopted
3s mitigation measures forthe I-Ieritage Subdivision.
39
40 4. The Heritage Subdivision does not have potential to affect wildlife resources as
41 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 Heritage Subdivision is not located on any Hazardous Waste List compiled
45 by the State piirsuant to Section 65962.E of the Government Code.
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1 6. The Planning Commission/City Council. reviewed the Initial Study/Negative
2 Declaration and considered the comments before making a decision on the project.
3
4 7. The recorded proceedings of the decision is available for public review at the City
5 of Petaluma, Planning Department, City Hall, 11 English Street, Petaluma, CA.
6
7 8. Potential circulation impacts resulting from development of the Heritage
8 Subdivision, as conditioned, will be adequately mitigated through: improvement of
9 the Sonoma Mountain Parkway right-of-way including integration of a new
to intersecting streets for access to the project and adjacent properties; and a system
I1 of interior, public streets adequately designed to meet the anticipated traffic
12 volumes. The project will also achieve implementation of pedestrian and bicycle
13 links.
14
IS 9. Potential drainage impacts resulting from development of the Heritage
16 Subdivision, as conditioned, will be adequately mitigated by providing the
17 installation of drainage improvements designed to City and Sonoma County Water
18 Agency Standards, and to preclude lot-to-lot surface runoff.
19
20 10. Potential noise impacts to existing residents and future residents of the Heritage
21 Subdivision and surrounding neighborhoods will be adequately mitigated by the
22 restriction of construction hours; and a recorded notice will be required to ensure
23 that proper disclosure of potential noise impacts is provided to potential buyers of
24 homes adjacent to the designated commercial site, the future school site and the
25 existing nursery facility, to advise potential buyers of their existence.
26
27 11. Potential visual impacts of the Heritage Subdivision will be adequately mitigated
28 through use of compatible street, lot and building configurations/design which
29 result in positive (fronting) orientation of homes towards the surrounding public
30 streets.
31
32 Mitigation Measures
33
3a All mitigation measures as specified in the Initial Study for the Heritage Subdivision are
35 hereinincotporated.
36
37 I. EARTH
38
39 Mitigations:
40
al 1. Final project improvement and' grading plans shall be prepared by a California
az registered Civil Engineer (P.E.), and accepted by City staff prior to Final Map
43 approval. The plans shall be prepared in compliance with the City of Petaluma's
a4 Subdivision Ordinance and Grading and Erosion Control Ordinance. A
45 comprehensive erosion control plan shall be prepared, paying special attention to
46 prevention of increased discharge control plan required above shall include
47 measures such as: a) restricting grading to the .non-rainy season; b) protecting
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1 storm drainage outlets from erosion and siltations; c) use of silt fencing, and straw
2 bales to retain sediment on the project site.
3
4 2. Construction of all cuts and fills shall be completed with strict adherence to
5 specific geotechnic recommendations prepazed by the project geotechnical
6 engineer. All suggested improvements shall be incorporated with the improvement
7 drawings as directed by the City Engineer prior to Clty Council approval of the
8 Final Subdivision Map.
9
10 3. All construction and grading activities, including short-term needs (equipment
11 staging areas,. storage aeeas, and field office locations) shall expose as little new
12 ground as possible. Whenever possible, existing disturbed areas shall be used for
13 such purposes, rather than disturbing additional new ground.
14
15 4. All grading activity shall be completed prior to the onset of the rainy season
16 (October 15th). Time extensions for short-term grading may be allowed at the
17 discretion of the City Engineer. Special erosion control measures may be required.
18 by the City Engineer in conjunction with any specially permitted rainy season
14 grading.
20
zt 5. Foundation and structural design for homes shall be subject to review and approval
22 by the City of Petaluma Building Division prior to the issuance of a budding
23 permit. Design measures shall conform to the requirements of the Uniform
24 Building Code, as well as state and local laws/ordinances. Said foundation and
25 structural design shall be prepared pursuant to and consistent with the geotechnical
26 report prepared for the subdivision.
27
28 Monitoring:
29
30 1. Required improvements shall be reflected on plans submitted in conjunction with
31 the project's improvement drawings and shall be reviewed and approved by the
32 Planning Director and the City Engineer prior to Final Map approval.
33
34 2. The Planning Director shall insure that approvals have been obtained from all
35 appropriate agencies prior to the issuance of grading permits.
36
37 3. City inspectors shall insure that constructions activities occur consistent with the
38 abovemitigation measures.
39
40 4. Prior to City acceptance, all public improvements shall be subject to inspection by
41 City staff for compliance with the approved Public Improvement Plans,
42 construction permits and project mitigation measures/conditions of approval.
43
44 lI. AIR
45
46 Mitigations:
47
48 1. Standard Best Management Practices regarding dust control measures shall be
49 implemented including maintenance of moist soil conditions, particularly on windy
so days.
51
52 2. During excavation and/or fill activities, haul trucks used to transport soil shall
53 utilize tarps or other similar covering devices to reduce dust emissions.
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I 2. During excavation and/or fill activities, haul trucks used to transport soil shall
2 utilize tarps or other similar covering devices to reduce dust emissions.
3 3. Upon completion of construction, exposed areas .shall be planted in a timely
a manner according to the City-approved erosion control plan and PUD Master
5 Landscape Plan. Acceptance of improvements and/or occupancy of buildings
6 shall be withheld until City acceptance of the erosion control measures.
7
8 4. Motorized equipment operated during construction activities shall be properly
9 mufflered and maintained to minimize emissions. Equipment shall be turned off
I o when not in use.
11
i2 5. Prior to the issuance of building permits, all homes designed with fireplace units
I3 shall meet City specifications for reduction of emissions, as specified under City
14 ordinance 1881 N.C.S. prohibiting open fireplaces.
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16 Monitorine:
17
I8. 1. The City's inspectors and the applicant shall insure that the above mitigation
19 measures are: implemented. Periodic and scheduled inspections shall occur to
20 insure implementation of the above mitigation measures.
21
32 2. The improvement drawings shall reflect that exposed areas shall be planted in a
23 timely manner. City inspectors shall insure that said planting is installed.
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zs III. WATER
26
27 Mitigations:
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29 1. Phis development shall either pay the storm drainage impact fee or provide on-site
3o improvements to address the incremental impact that the new development will
31 have on City-wide drainage. I f the developer chooses to pay the fee, it shall be the
32 fee in effect in the Special Development Fee handout.
33
34 2. The applicant shall submit a detailed grading and drainage-plan for each phase of
35 the subdivision as a part of the improvement drawings for review and approval by
36 City staff prior to the approval of the Final Subdivision Map. The drainage plans
37 shall include supporting calculations of storm drain and culvert size using
38 acceptable engineering methods. No lot-to-lot drainage shall be permitted.
39 Surface runoff shall be addressed within each individual lot, then conveyed to an
4o appropriate storm drain system.
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42 3. All site drainage improvements including the detention pond shall be designed
43 and constructed in conformance with the minimum requirements of Sonoma
44 County Water Agency Plood Control Design. Criteria and shall be subject to
45 review and approval of the Sonoma County Water Agency and the City Engineer
46 prior to Final Map approval (per Phase).
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48 4. A comprehensive urban runoff control program will be needed Co mitigate
49 potential residential non-point source water quality effects of the project during
5o and following construction. To achieve this the project applicant shall develop a
51 specific storm water management plan (SWMP) for the project. At a minimum,
52 the plan shall: (1}identify specific types and sources of storm water pollutants; (2)
s determine the location and nature of potential impact; and, (3) specify appropriate
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I control measures to eliminate any potentially significant impacts to receiving
2 water quality from storm water rtmoff. "Typical Lirban residential control measures
3 may include the incorporation of public education, incorporation into the City's
4 street sweeping program, concrete stamps at storm drain inlets with "No
5 Dumping, flows to the Petaluma River" or equivalent, and other design or source
6 control management practices as appropriate, to mitigate potential water quality
7 effects.
8
9 5. Pesticides and fertilizers shall not be. applied to public landscape areas during the
l0 rainy season (October-April).
11
t2 6. The storm drain system shall accommodate the existing off-site runoff from the
13 adjacent lands, more specifically, in the area of the connection to the existing
14 Riesling Road, including the runoff from the drainage ditch adjacent and parallel
I S to Mustang Court (private road).
16
17 7. To insure that off-site stormwater flows are equal, or less, than pre-development
IS flow volumes, plans for the detention pond shall be submitted with the Public
19 Improvement Plans and Final Map that are submitted to the Engineering
20 Department. The detention pond must be established prior to receiving a
2t Certificate of Occupancy for the first residence of the last phase of the
22 subdivision.
24 8. Language addressing the financing mechanism of the detention pond must be
z5 submitted for the review and approval of the Planning Department prior to the
26 submittal of Public Improvement Plans and the Final Map to the Engineering
27 Department.
28
29 Monitorine:
30 P
31 1. Required mitigations and conditions of approval, shall be reflected on plans
32 submitted in conjunction with the project's improvement drawings, landscaping,
33 drainage, stormwater pollution prevention; and erosion control plans, and shall be
34 reviewed and approved by the Planning Director and the City Engineer, and as
35 appropriate the Sonoma County Water Agency. The Planning Director shall
36 insure that appropriate approvals have been obtained from all necessary regulatory
37 and trustee agencies prior to the issuance of a grading permit.
38
39 2. All public improvements shall be subject to inspections by City staff for
40 compliance with the approved Public Improvement plans, construction permits
41 and project mitigation measures/conditions of approval, prior to City acceptance.
42
43 3. City inspectors shall insure that all required construction activities occur
44 consistent with the mitigation measures and terms and conditions of approval,
45 including the Landscaping, Grading, Drainage, and Erosion Control Plans and the
46 Stormwater Pollution Prevention Plan.
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48 4. The Planning Director shall calculate the project's appropriate storm water
49 drainage fee and shall insure that the fee is collected as provided for in the City's
50 Resolution.
51
52 5. City Staff will oversee the formation of the Landscape Maintenance District to
53 insure perpetual maintenance of the public area landscaping (see. mitigations
54 under 4.C. bel'ow).
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1 IV. PLANT LIFE
2
3 Mitigations:
4
5 1. The applicant/owner shall be responsible for establishment of a Landscape
6 Assessment District for the purposes of perpetual maintenance of: all street trees
7 within the public rights-of--way, in conjunction with Final Map approval.
8 Landscaping within these areas shall be designed and installed to City standards
9 acceptable to City of Petaluma. Planning, Engineering, Public Works and Parks
to staff. Irrigation to serve all landscaping in public street tree planter strips adjacent
I1 to private residences shall be designed to connect with the private lot irrigation
12 systems of the adjoining lots. Separate irrigation systems shall be established for
13 street frontage landscape areas located between the street curb and any subdivision
l4 perimeter walls, and all landscaping within the Urban Separator. Costs of
15 formation of the required LAD shall be borne by the project proponents at the time
16 of Final Map application.
17
18 Monitoring:
19
20 1. Landscaping drawings shall be reviewed and approved by the Planning Director
21 and the City Engineer prior to Final Map approval (per phase).
22
23 2. All public improvements, including landscaping, shall be subject to inspections by
24 City staff for compliance with the approved Public Improvement plans,
25 construction permits and project mitigation measures/conditions of approval, prior
26 to City acceptance.
27
28 3. City staff will oversee the formation of the Landscape Maintenance District prior
29 to Final Map approval.
30
31 4. The Planning Director shall insure that the applicant's landscape plan shall be
32 approved by SPARC prior to the approval of the Final Subdivision Map for the
33 project (first phase).
34
35 V. NOISE
36
37 Miti ations:
38
39 1. All construction activities shall comply with applicable Zoning Ordinance and
ao Municipal Code Performance Standards.
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42 2. All construction activities shall be limited to 7:00 a.m. to 5:00 p.m. Monday
43 through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. Construction shall be
44 prohibited on Sundays and all holidays recognized by the City of Petaluma. The
45 hours of construction herein specified shall be stated on the improvement drawings
a6 prior to Final Map approval (first phase).
a7
as 3. All machinery and vehicles involved in the construction of the project shall be
a9 properly maintained and shall be equipped with appropriate mufflers.
50
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1 4. Stationary construction equipment such as compressors, mixers, etc. shall be
2 placed as far as possible from existing residences. Quiet construction equipment
3 shall be used when possible.
4
5 5. The developer shall designate a project Disturbance Coordinator who will be
6 responsible for responding to any complaints .from the neighborhood about
7 excessive noise during construction periods, prior to issuance of a buildinglgrading
8 permit. The Disturbance Coordinator's telephone number shall be conspicuously
9 posted at the construction site. The Disturbance Coordinator shall determine the
to cause of noise complaints (e.g. starting too early, faulty muffler, etc.) and shall
11 take prompt action to correct the problem.
12
13 6. Prior to the recordation of the applicable Final Map phase(s), the applicant shall
14 prepare a notice subject to City approval which shall run with the deed of the
15 properties in proximity to the site designated for commercial use (all lots) advising
16 those property owners, and successors, that lands designated for commercial use
17 exist on the opposite side of Riesling Road and are or may be used for commercial
18 development/activities and as a result they (homeowners) may be subject to visual
l9 impacts of commercial development, and activity and noise generated by
20 commercial operations including but not limited to truck and vehicle traffic, odors
21 (i.e. restaurants and cafes etc.) and customer vehicle and pedestrian traffic. This
22 exposure may be perceived as a nuisance by future home owners, if they are
23 unaware of future (or existing) commercial activities prior to making the decision
24 to purchase a home that is proximal to the existing or future commercial center. A
z5 similar notice shall be prepared and recorded with the deeds of Lots 13-21 and
26 Lots 98-104 advising those property owners of the adjacent non-residential uses
27 (future junior high school site and the existing nursery facility) and of potential
28 noise/nuisance impacts.
29
3o Monitorine:
31
32 1. Implementation of the above mitigation measures shall be administered by the City
33 and/or applicant as prescribed in each mitigation measure.
34
35 2. The notices of adjacent uses required in the above mitigation measures shall be
36 prepared by the applicant in a form acceptable to the City Attorney and included as
37 apart of the Final Subdivision Map documents prior to recordation.
38
39 VI. LIGAT AND GLARE
40
41 Miti atg ions:
42
43 1. Street lights in conformance with current City standards shall be installed in the
4a public streets.
45
46 2. The improvement drawings and/or landscape plans prepared for the project shall
47 reflect the location and design details of all light fixtures proposed. Said locations
48 and details shall be reviewed and approved by the Site Plan and Architectural
49 Review Committee and the Director of Engineer prior to the approval of the Final
50 Subdivision Map.
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1 Monitoring:
2
3 1. Plans submitted for approval of the Final Map and construction permits shall be
4 reviewed for conformance with the above mitigation measures. All construction
5 shall be subject to inspection for conformance with the mitigation measures and the
6 improvement. drawings by City inspectors prior to the acceptance of the public
7 improvements.
8
9 2. The Site Plan and Architectural Review Committee shall review the landscape and
10 lighting plans For the improvements proposed, prior to Final Map approval.
ll
12 VII. HOUSING
13
14 Miti atg ions:
15
16 1. The applicant shall comply with affordable housing requirements of the General
17 Plan.
18
19 Monitoring:
20
21 1. The Planning Director shall insure that affordable housing obligations as outlined
22 in the General Plan are satisfied pursuant to current City Ordinance, prior to Final
23 Map approval.
24
z5 VIII. TRANSPORTATION
26
27 Miti~:ations:
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29 1. The applicant shall pay Traffic Impact Mitigation Fees as specified by City
3o Resolution at the time of building~permit issuance.
31
32 Monitoring:
33
34 1. Plans submitted for approval of the Final Subdivision Map and public improvement
35 plans shall reflect all adopted project conditions of approval and mitigation
36 measures.
37
38 2. All site improvements shall be subject to inspection by City staff for compliance
39 with the approved improvement plans and all adopted mitigation measures and
4o conditions of approval prior to City acceptance of the public area improvements:
41
a2 3. All improvements shall be designed and installed consistent with the above
43 mitigation measures and the requirements of the City Engineer as reflected in the
as Improvement Drawings. City inspectors shall insure that improvements are
45 consistent with these requirements prior to issuing a Certificate of Occupancy for
a6 individual homes.
47
48 4. Traffic Mitigation Fees shall be paid prior to the issuance of a Certificate of
49 Occupancy for each new home within the subdivision.
50
51 5. The Site Plan and Architectural Review Committee shall review and approve the
52 Tentative Subdivision Map and PUD plans to insure that the above mitigation
9 S-5a~. tyc.s pg . ~ 11
1 measures and all applicable conditions of approval have been adequately addressed
2 prior to the approval of the Final Subdivision Map.
3
4 IX. PUBLIC SERVICE
5
6 Miti atg ions:
7
8 1. The project shall be subject to the payment of Community Facilities Fees and
9 appropriate connection fees and other impact.fees as specified by City Resolution.
10
11 2. The applicant/developer shall fully disclose to all home buyers the provisions
12 associated with owning a home within the Corona-Ely Facilities District No.l prior
13 to the conclusion of escrow on each lot.
14
I5 3. Minimum fire flow required for this project is 1,500 gallons per minute at 20
t6 pounds per square inch (psi).
17
18 4. Fire hydrants shall be spaced at a maximum of 300' apart. Location and type of
19 fire hydrants are to be approved by the Fire Marshal's office.
20
21 5. Provide access, a minimum twenty (20) feet, exclusive of on street parking, all
22 asphalt surface with thirteen feet-six inches (13'6") vertical height clearance.
23
24 6. Post address at or near main entry door, a minimum of 4 inch letters on contrasting
25 background.
26
27 7. Address locator required to be posted at or near the driveway entrance.
28 Reflectorized numbers are acceptable. Location and design to be approved by the
29 Fire Marshal's office.
30
31 8. All required fire lanes in which no parking is allowed, shall be designated by
32 painting curbs red. Where no curbs exist, signs approved by the Fire Marshal shall
33 be.installed.
34
35 9. Add as a general note to plans:
36
37 a. No combustible constnuction is permitted above the foundation unless an
3R approved all weather hard surface road is provided to within one hundred-
39 fifty (150') of the farthest point of a building or structure.
40
41 b. All fire hydrants for the project must be tested, flushed, and in service prior
42 to the commencement of combustible construction on site.
43
44 10. The project shall be subject to the payment of established City Special
45 Development Fees, including: Park and Recreation Land Improvements, Sewer
46 and Water connection, School Facilities, and Traffic Mitigation as specified by City
47 Resolution.
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49 Monitorine:
so
51 1. Plans submitted for approval of the Final subdivision Map and development
52 permits shall be subject to review by City staff to insure that the above mitigation
53 measures are incorporated into or with the improvement drawings.
9 9o~ii
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I 1. Plans submitted for approval of the Final subdivision Map and development
? permits shall be subject to review by City staff to insure that the above mitigation
3 measures are incorporated into or with the improvement drawings.
4
5 2. All construction shall be subject to inspection by City staff for conformance with
6 the approved plans and adopted mitigation measures and conditions of approval
7 prior to City acceptance of public area improvements and issuance of a Certificate
8 of Occupancy for each new unit.
9
l0 3. The owner/developer shall be responsible far frilly disclosing, to all home buyers,
I I the provisions associated with owning a home within the Corona-Ely Facilities
12 District No.l (School Facilities Fees) prior to the close of escrow on each lot.
13
14 X. UTILITIES
IS
16 Mitigations:
17
18 1. The applicant shall pay all relevant impact and/or connection tees in place at the
19 time of issuance of a building permit for each new home.
20
2I 2. The following conditions/provisions of Pacific Gas and Electric Company shall be
22 met prior to Final Map and improvement drawing approvaL-
24 a. Gas and electric service will be supplied to this development in
25 accordance with our applicable gas and electric extension roles. These
26 rules are on file with the California Public Utilities Commission and are
27 available from PG&E's North Coast Division upon request.
28
29 b. All costs associated with any relocation or rearrangement of PG&E's
30 existing gas or electric facilities, if necessitated by this development, will
31 be-the responsibility of the requesting party, and will be contingent upon
32 the provision of satisfactory easements for the relocated facilities.
33
34 Monitorine:
P
36 1. All required mitigation measures shall be reflected on the plans submitted for
37 City approval of the tnal Subdivision Map:and Improvement Drawings-
38
39 2. All construction shall be consistent with the approved Improvement and
40 Construction drawings.
41
42 3. Fees_shall be paid by the applicant pursuant to City adopted Resolutions.
43
44 XI. AESTETHICS
as
46 Mitigations:
47
48 1. The applicant shall prepare a landscape plan, including plant types and size, for
49 the residential subdivision including all public areas and private residential front
>0 and/or side yard areas fronting onto public rights-of way. Said plan shall be
51 submitted to the Site Plan and Architectural Review Couunittee (SPARC) for
52 review and approval prior to approval of the Final Subdivision Map (first phase).
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I 2. Design of the Urban Separator interface (the first 35'), shall be subject to SPARC
2 review and approval prior to approval of Final Map and improvement plans (first
3 phase) and installed concurrent with adjacent road improvements.
d
5 Monitorine:
6
7 1. The Tentative Subdivision Map, PUD plans, Guidelines and associated drawings
8 conforming to the adopted mitigation measures and conditions of project approval
9 shall be presented to the Site Plan and Architectural Review Committee for
IO review and approval prior to the approval of the first Final Subdivision Map.
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t2 XII. RECREATION
13
14 Mitigations:
I5
I6 L. The applicant shall pay the Park and Recreation Land Improvements Fee pursuant
17 to the Ordinance adopted by the City Council.
IS Monitorine:
19
20 1. The Planning Director and the Parks and Recreation Director shall insure that
21 Parks fees are collected as provided for by City Resolution.
22
23 XIII. ARCHEOLOGICAL/FIISTORICAL
2a
25 Mitigations:
26
27 1. In the event that archaeological remains are encountered during grading, work
28 shall be halted temporarily and a qualified archaeologist shall be consulted for
29 evaluation of the artifacts and to recommend future action. The local Indian
30 community shall also be notified and consulted in the event any archaeological
31 remains are uncovered.
33 Monitorine:
34
35 1. The owner/builder and City inspectors shall monitor construction activities and
36 shall enforce the above mitigation measure.
37
38 c:AedAmajorsub\herr
Under the power and authority rnnferred upon thin Council by the Charterof said City.
REFERENCE: I hemby certify the foregoing Resolution was introduced and adopted by the Approved as4o
Council of the City of Petaluma at a (Regular) (~KiG~#1{jt7(Speciat) meeting /~---`fO1~
on the ..6th day of ................_Aeril.................:............:, 19._98.. by the / "
following vote:
City ttorney
AYES: Keller, Torliatt, Read, Vice Mayor Maguire, Mayor Hllligoss
NOES: None
ABSENT: Hamilton, mp5e ,///qf/
ATTEST : ................~i<~^~4r'f./~~11..~.G~d~....~..~../.............._ W~"
City Jerk Mayor /
oo~mc~t Fll...._._....---
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