HomeMy WebLinkAboutResolution 97-323 12/01/1997Resolution No. 97-323 N.C.S.
of the City of Petaluma, California
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3 APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR THE NOWAK
4 PREZONING AND PRETENTATIVE PARCEL MAP; APN 019-070-042
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6 WHEREAS, an Initial Study was prepared and the results of the study indicate that the
7 proposed Nowak Prezoning and PreTentative Parcel Map, as mitigated, will not cause any
8 significant adverse environmental impacts; and
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to WHEREAS, the Planning Commission held a duly noticed public hearing at its regular
11 meeting of October 21, ]997, and considered the potential environmental impacts and all
12 written and verbal communications regarding the matter, prior to making their
13 recommendations for the project; and
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15 WHEREAS, by action taken on October 21, 1997, the Planning Commission considered
16 and forwarded a recommendation to the City Council to approve a Mitigated Negative
17 Declaration for the Nowak Prezoning and PreTentative Parcel Map proposed by Thomas
18 & Rose Nowak pursuant to the California Environmental Quality Act and local guidelines;
19 and;
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21 WHEREAS, all reports and communications to the Planning Commission were forwarded
22 to the City Council; and
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24 WHEREAS, the City Council held a public hearing on this project on November 17, 1997,
25 and considered all written and verbal communications concerning potential environmental
26 impacts resulting from the project before rendering its decision;
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28 NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council hereby
29 approves the Mitigated Negative Declaration subject to the following findings and
3o mitigation measures:
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32 Findings for a Mitigated Negative Declaration
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3a 1. An Initial Study has been prepared for the Nowak Prezoning and Pre-Tentative
35 Parcel Map project, and proper notice provided in accordance with CEQA and
36 local guidelines.
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3S 2. Based upon the Initial Study and comments received, potential impacts could be
39 avoided or reduced. to a level of insignificance by mitigation measures attached as
4o conditions of approval. There is not substantial evidence that the Nowak
41 Prezoning and Pre-Tentative Parcel Map project, as conditioned, would have a
42 significant effect on the environment.
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44 3. A monitoring program has been included to insure compliance with the adopted
45 mitigation measures for the Nowak Prezoning and Pre-Tentative Parcel Map
46 project.
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1 4. The Nowak Prezoning and Pre-Tentative Pazcel Map project does not have
2 potential to affect wildlife resources as defined in the Fish and Game code, either
3 individually or cumulatively, and is exempt from Fish and Game filing fees.
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5 5. The Nowak Prezoning and Pre-Tentative Parcel Map project is not located on any
6 Hazazdous Waste List compiled by the State pursuant to Section 65962.5 of the
7 Government Code.
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9 6. The Planning Commission/City Council reviewed the Initial Study/Negative
to Declaration and considered the comments before making a decision on the project.
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7. The recorded proceedings of the decision are available for public review at the City
of Petaluma, Planning Department, City Hall, 11 English Street, Petaluma, CA.
8. Potential circulation impacts resulting from development of the Nowak Prezoning
and Pre-Tentative Parcel Map project, as conditioned, will be adequately mitigated
through improvement of the Bantam Way right-of--way.
9. Potential drainage impacts resulting from development of the Nowak Prezoning
and Pre-Tentative Parcel Map project, as conditioned, will be adequately mitigated
by providing the installation of drainage improvements designed to City and
Sonoma County Water Agency Standards, and to preclude lot-to-lot surface
runoff.
10. Potential fire safety impacts to existing residents and future residents of the Nowak
Prezoning and Pre-Tentative Parcel Map project and surrounding neighborhoods
will be adequately mitigated by the incorporation of adequate fire suppression
water facilities.
Mitigation Measures (From Initial Study)
EARTH. Mitieations:
(1) All grading and erosion control shall be subject to review and approval by the City
of Petaluma prior to issuance of a grading permit.
(2) Final project improvement and grading plans shall be prepared in compliance with
the City of Petaluma's Subdivision Ordinance and Grading and Erosion Control
Ordinance. The plans shall include a detailed schedule for field inspection of work
in progress, as applicable, to ensure that mitigation measures are being properly
implemented throughout construction of the project. These plans shall be subject
to the review and approval of the City of Petaluma.
(3) All grading and erosion control shall conform to the City of Petaluma Erosion
Control Ordinance 17.31,
1.D. Monitoring:
(1) All grading and erosion control measures shall be reflected on the improvement
plans prior to recordation of the Final Parcel Map. Verification for the
implementation of erosion control measures required by the City shall be
performed by the project contractor to the satisfaction of the City's Inspectors.
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Reso. 97-323 NCS Page 2 of 6
1 (2) All public and/or private improvements shall be subject to inspection by City staff
2 for compliance with the approved Improvement Plans, prior to City acceptance.
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4 AIR. Mitigations:
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6 (1) Watering of the site to reduce airborne dust levels shall be implemented if dust
7 generated during the grading process threatens to travel off site m following wind
8 currents. Additionally, haul trucks, if any, needed to transport soil on or off site
9 shall be covered with tarps to reduce dust emissions.
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11 (2) All motor powered vehicles and equipment shall be properly equipped with
12 mufflers to reduce emissions.
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14 2.D. Monitorine: The applicant shall be responsible for insuring that proper measures
15 including watering, as necessary during construction to prevent dust emissions, are
16 implemented. This responsibility shall include holidays and weekend periods when
17 work may not be in progress. Provisions to ensure an quality as specified in the
18 condition shall be enforceable by the City.
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20 WAT ER. Mitigations:
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z2 (1) This development shall be subject to the City's storm drainage impact fees to cover
23 the incremental impact/increase it will have on the City's storm drainage system. A
za proportionate share shall be collected by the City prior to issuance of a Certificate
25 of Occupancy for new home construction or add~t~ons to existing homes.
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27 (2) All grading activity shall be completed prior to the onset of the rainy season; all
28 new drainage facilities shall be in place and in operation at that time. Crrading and
29 excavation activities shall not be permitted during the rainy season. Extensions for
3o grading and drainage facilities work may be allowed in consultation with the
31 Petaluma City Engineer, based on the sensitivity of the specific project area to
32 erosion, sedimentation, and the effectiveness of temporary (rainy season) erosion
33 measures to be implemented by the applicant.
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35 (3) Plans submitted at time of application for Final Parcel Map approval shall include
36 provisions for storm water runoff management. The submittal shall reflect
37 installation of permanent signs at drop inlets, if any, to the public storm drain
38 system, which prohibit the deposit. of hazardous materials into the system.
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40 3.D. Monitorine:
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42 (1) Detailed grading and improvement plans shall be prepared by the applicant to
43 reflect the above mitigation measures as part of the necessary improvement
4a drawings for the Final Parcel Map, subject to staff review and approval. All
as grading shall be performed by the project contractor to the satisfaction of the City's
46 Inspector. All grading and erosion control work approved by the City must
a7 comply with the City's Erosion Control Ordinance 17.31. Verification for the
48 implementation of erosion control measures required by the City shall be
49 performed by the project contractor to the satisfaction of the City's Inspector.
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(2) A storm drainage impact fee shall be calculated by the City prior to Final Parcel
Map recordation. A proportionate share shall be collected by the City prior to
issuance of a Certificate of Occupancy.
NOISE. Mitigations: Construction activities shall comply with applicable Zoning
Ordinance, Section 22-301.
Iylonitoring
(1) The project developer shall be responsible for enforcing hours of construction in
compliance with the Petaluma Zoning Ordinance; Sec 22-301. Construction
activities may be subject to staff observation at all hours of the day until
completion. Staff will notify the developer/builder of complaints regarding
construction noise and enforce applicable noise standards. Failure to comply may
cause revocation of approved construction permits until complaints are resolved.
LIGHT AND GLARE: Mitt atg ions:
(1) Proposed outdoor lighting, in conjunction with development of Lots ] & 2 shall
include design measures to reduce private light impacts i.e. low intensity outdoor
lights only (no flood lights), low profile light standards and/or wall mounted lights,
lights attached to buildings shall provide a soft "wash" of light against the wall, no
direct glare, no pole mounted lights in excess of 10 feet in height, etc. Bafrles or
shields shall be required on all external light fixtures to direct light downward.
7.D. Monitoring:
(1) Installation of appropriate outdoor lighting, if proposed at time of development of
Lots 1 & 2, shall be the responsibility of the applicant. Staff will notify the
developer/builder of complaints regarding light and glare and enforce applicable
light and glare standards.
TRANSPORTATION/CIRCULATION: Mitt atP IOTiS:
(1) The development shall be responsible for a fair share contribution to the City's
Traffic Mitigation fee as established through City Ordinance and in the City's
Special Development Fees handout.
]3.D. Monitorine:
(1) A Traffic Impact Mitigation fee shall be collected for a new home on Lots 1 & 2
prior to issuance of a Certificate of Occupancy.
PUBLIC SERVICE. Mitigations:
(1) The developer shall be subject to pay City development fees as established through
City Ordinance and outlined in the current Special Development Fees handout.
Fees include: sewer connection, water connection, community facilities
development, storm drainage impact, parks and recreation land improvements,
school facilities, traffic mitigation, and in-lieu for provision of low income housing.
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Reso. 97-323 NCS Page 4 of 6
t (2) All conditions of the Fire Marshal shall be met, including;
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3 a. Residential buildings constructed at or above 160' in elevation are required
4 to have a residential fire sprinkler system
5 b. Residential buildings constructed outside of the four minute response area
6 are required to have a residential fire sprinkler system designed and
7 installed in accordance with N:F.P.A. 13-D, in all areas including attic,
8 garage, bathrooms with combustible fixtures, bathrooms over 55 square
9 feet and closets over 24 square feet or three feet deep.
to c. Any building where the farthest portion of an extenor wall, is constructed
11 in excess of 150 feet from a public right-of--way shall be provided with an
12 access, minimum 20' unobstructed all weather hard surface with thirteen
13 feet-six inches (13'6") vertical height clearance.
14 d. Fire hydrants shall be specified as a maximum of 300' apart. Location and
15 type of fire hydrants are to be approved by the Fire Marshal's office.
16 e. Provide an approved emergency turn-around at the end of the
17 road/driveway.
18 f. Add as a general note to plans:
19 No combustible construction is permitted above the foundation unless an
20 approved all weather hard surface is provided to within 150' of the farthest
21 point of a building or structure.
22 All fire hydrants for the project must be tested, flushed, and in service prior
23 to the commencement of combustible construction on the site.
2a g. Minimum fire flow required for this project is 1,000 gallons per minute at
25 20 pounds per square inch (psi).
26 h. The maximum allowable grade for driveways and roadways is 12%.
27 Special allowances for grades up to a maximum of 15% may be.granted by
28 the Fire Marshal and City Engineer.
29 i. The open space area shall contain disked trails across the middle to
3o discourage the rapid spread of fire. Such fire abatement practices shall be
3t completed on an annual basis. A site plan outlining the fire brakes shall be
32 submitted to the Fire Marshal's office for approval prior to approval of the
33 Final Map and/or development of the property.
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35 14.D. Monitorine:
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37 (1) Special Development Fees shall be collected as prescribed in the City's Special
38 Development Fees handout. The Fire Marshal's requirements shall be met pnor to
39 approval of Final Parcel Map improvement drawings and/or building permits.
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41 UTILITIES. Miti ations:
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43 (1) The applicant/developer for the construction of subsequent homes on Lots 1 & 2
44 must pay water, and sewer connection fees, and storm drainage impact fees as set
45 forth through City Ordinance and outlined in the City's Special Development Fees
46 handout.
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48 16.D. Monitoring:
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so (l) Sewer, and water connection fees, and stone drainage impact fees will be collected
sl for each individual home prior to issuance of a Certificate of Occupancy.
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Reso. 97-323 NCS Page 5 of 6
1 AESTHETICS. Miti atg ions:
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(1)
Four street trees shall be installed within the proposed planter strip between the
a sidewalk and back of curb and maintained (imgation and pruning) by the project
5 proponent for a minimum of one year following installation. Subsequent
6 maintenance shall be the responsibility of the property owner(s).
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8 18.D. Monitoring:
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(1)
Street trees shall be installed pursuant to City planting standards and accepted by
11 the City prior to initial acceptance of public improvements.
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13 RECREATION. Miti atg ions:
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(1)
The developer shall be required to contribute a park and recreation land
16 improvement fee as established in the City's current Special Development Fee
17 handout.
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19.D.
Monitoring: (1) A park and recreation land improvement fee shall be collected
20 prior to issuance of a building permit for homes on Lots 1 & 2.
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22 ARCHEOLOGICAL/HISTORICAL. Miti atg ions:
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(1)
In the event that archaeological remains are encountered during grading, work
25 shall be halted temporarily and a qualified archaeologist shall be consulted for
z6 evaluation of the artifacts and to recommend future action. The local Indian
27 community shall also be notified and consulted in the event any archaeological
28 remains are uncovered.
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30 20.D. Monitoring:
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(1)
The City inspectors and project contractor shall monitor for
33 archaeological/historical artifacts durng all phases of construction.
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Under'the power and authority cronferted 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 o[ Petaluma at a (Regular) $A'6Q) (S~ meeting form
on the .....lst :............. day of ......A.eCe.Iilk?.~F.....----......................, 19._97, by the
following vote: .....'€...... ~, ......
City Attorney
AYES: Read, Keller, Stomps, Torliatt, Maguire, Vice Mayor Hamilton, PQayor Hilligoss
NCES: None
ABSENT: None /~ .~
ATTEST: --.._ .................................................. ~. ~~~1/'~i~. - ~~ .J
City Clerl~~P~'r~ ~l~`i/ C~.~~.nh a( 6 Mayor
Cowcil Flle..._......_.._ ..............._
ca io.ae ~ ass. no....._97.-323...... N.cs. Page 6 OF 6