HomeMy WebLinkAboutResolution 96-058 N.C.S. 02/20/1996 Resolution No. 96-58 N.C.S.
- of the City of Petaluma, California
1
' 2 APPROVING A MITIGATED NEGATIVE DECLARATION
3 LAKEVH,LE BUSINESS PARK PCD AMENDMENT
4 MCDOWELLBLVD. SO. BETWEEN LAKEVILLE HWY. AND CADER LANE
5 AP NOS. 005-280-001 thru 011, 015, 017 thru 022, 024 thru 027 and 029 thru 031
6
7
8 WHEREAS, an application was filed by John McNulty on behalf of RNM Lakeville LLP,
9 for adoption of a Mitigated Negative Declaration and approval of a Amendment to the
10 zoriing regulations, PCD Development Plan and Design Guidelines for Lakeville Business
11 Park; and,
12
13 WHEREAS, an Initial Study was prepared and proper notice provided in accordance with
14 the California Environmental Quality Act and local guidelines; and,
15
16 WHEREAS, the Planning Commission, at its meeting of January 23, 1996 held a duly
17 noticed public hearing, and considered the Initial Study and all reports, correspondence
18 and testimony submitted on the proposed project, and has forwarded a recommendation to
19 the City Council to adopt a Mitigated Negative Declaration.
20
21 NOW; THEREFORE BE IT RESOLVED that the City Council hereby .adopts the
22 Mitigated Negative Declaration for the proposed Amendment to the Lakeville Business.
23 Park PCD Zoning Regulations, Development Plan and Design Guidelines, based upon
24 findings and subject to mitigation measures as follow:
25
26
27 FindinES for Mitigated Negative Declaration
28
29 1. An Initial Study has been prepared and proper notice provided in accordance with
30 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 no substantial evidence that the project, as
35 conditioned, would have a significant effect on the environment.
36
37 3. A monitoring program has been included to ensure compliance with the adopted
38 mitigation measures, if any.
39
40 4. The project is not located on a site listed on any Hazardous Waste Site List
41 compiled by the State pursuant to Section 65962.5 of the Government Code.
42
43 5. The Planning Commission reviewed the Initial Study and considered the comments
44 before making a decision on the project.
45.
46 6. The record of proceedings of the decision on the project is available for public
47 review at the City of Petaluma, Planning Department, City Hall, 11 English Street,
48 Petaluma, California.
ees. mo.........`~61,58...... n.as. .Page 1 of 9
1
2 7. Potential new adverse impacts to the Lakeville Highway corridor resulting from
3 development of the business park as proposed will be adequately mitigated through
4 a fair share payment by the proponents of each lot development toward the cost of
5 implementation of highway improvements as identified under the Lakeville
6 Highway Assessment District #24 project.
7
8 MitiEation Measures
9
10 1. EARTH:
1]
12 1. Prior to issuance of development permits for each lot, the master grading
13 and drainage plan for the subdivision shall be modified to direct on-site
14 drainage away from Adobe Creek and into aCity-approved storm drainage
15 system. Plans shall be subject to staff approval and shall include provisions
16 for removal of oils, dust and other debris from parking area runoff prior to
17 entry into the storm drain system.
18
19 2. Plans submitted for SPARC approval of individual lot proposals shall
20 reflect incorporation of permanently designated permeable landscape areas
21 comprising not less than 20% of the total project site area, including street
22 frontage landscaping situated within the public right-of--way. The PCD
23 Development Standards shall be amended to include this requirement under
24 lot coverage provisions.
25
26 3. All site grading and drainage improvements shall be designed and
27 constructed in conformance with the Sonoma County Water Agency Flood
28 Control Design Criteria and shall be subject to review and approval of the
29 Water Agency and the City Engineer prior to issuance of development
30 permits for each lot.
31
32 4. Prior to issuance of a grading permit for each lot development, an Erosion
33 Control Plan shall be submitted for staff approval, in accordance with
34 Ordinance 1576 N.C.S. of the Petaluma Municipal Code.
35
36 5. Private parking lots within the site shall be cleaned and swept weekly to
37 minimize the amount of contaminated runoff. Materials and/or debris
38 collected by cleaning activities shall be disposed of properly to City staff
39 approval.
40
41 Monitoring: Planning and Engineering staff shall review plans submitted for
42 approval of development permits for each lot, to determine compliance with the
43 approved master drainage plan and pretreatment of project runoff; as well as
44 minimum landscape coverage requirements.
45
46 2. AIR:
47
48 1. New uses with potential for generation of substantial air emissions shall be
49 reviewed in conjunction with design review of the building, or prior to
50 issuance of building permits for tenant improvements, and appropriate
51 environmental assessment conducted by staff, with costs borne by the
52 applicant. Plans shall incorporate provisions for elimination/reduction of
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Reso. 96-58 NCS Page 2 of 9
1 such emissions prior to application for development permit approval. All
2 such projects shall be subject to approval of the Bay Area Air Quality
3 Management District (BAAQMD) prior to permit issuance.
4
5 2. All construction activities and uses shall comply with applicable Zoning
6 Ordinance and Municipal Code Performance Standards (dust, odor etc.).
7 At no time shall future business activities .exceed Performance Standards
8 specified in the Uniform Building Code, Section 22-301 of the Petaluma
9 Zoning Ordinance, and the 1987 General Plan..
10
1 ] 3. Dust emissions during construction shall be reduced by watering of
12 exposed earth surfaces at least twice per day during excavation, grading
13 and construction activities. Open haul trucks shall be equipped with
14 tarpaulins or other effective covers during transport of materials to and.
15 from the site, to contain debris and dust emissions. All motorized
16 construction equipment shall be properly maintained and muffled, and shall
17 be turned offwhen not in use.
18
19 Monitorine: All projects with potential significant air emissions shall be subject to
20 City SPARC review or staff plan review of development permit applications, and
21 BAAQMD approval prior to permit issuance.
22
23 3. WATER:
24
25 1. See mitigation under item 1 (Earth).
26
27 2. Development of individual lots shall be subject to imposition of all
28 applicable special development fees, to be calculated and paid in
29 accordance with adopted City Council Resolutions.
30
31 Monitoring: See monitoring under item 1. Staff inspections will be conducted
32 during construction to verify compliance with required erosion control and storm
33 runoff management requirements.
34
35 4. PLANT LIFE:
36
37 1. As proposed by the project proponents, a 15' strip of land on all lots
38 adjacent to the south side of Adobe Creek shall be dedicated. to the City for
39 purposes of creek restoration and levee reconstruction. A minimum
40 landscape setback of at least 5' shall be maintained from the proposed
41 Adobe Creek property line for site improvements on all lots abutting the
42 south side of the creek, to permit installation of a vegetative buffer between
43 the toe of the creek levee and private lot improvements. A 2' vehicular
44 overhang encroachment into the landscape setback may be permitted for
45 parked vehicles. Large-canopied trees, and shrubs/groundcovers
46 compatible with riparian vegetation shall be installed within the required 5'
47 setback area, concurrent with the development of each creekside lot.
48
49 2. The project proponents shall participate in the City creek restoration
50 project for Adobe Creek through a fair share payment contribution,
51 proportionate to the costs of plan preparation, implementation and
52 monitoring for revegetation of the south side of Adobe Creek, as required
3
Reso. 96-58 NCS Page 3 of 9
1 under the previous Lakeville Business Park project approvals. Amount of
2 payment shall be calculated and paid prior to issuance of the first building
3 permit issued for development of a creekside lot, but shall not exceed
4 $27,000.00.
5
6 3. Prior to issuance of the first building permit for a creekside lot, or as
7 otherwise determined by staff at time of building permit issuance, the
8 project sponsor shall enter into an agreement with the City, providing for
9 short- and long-term maintenance of the restoration improvements installed
10 within the proposed and existing City right-of--way along the Adobe Creek
11 channel. The agreement shall establish standards for maintenance of all
12 right-of--way mitigation plantings, and shall include provisions for inclusion
13 of the levee improvements (excluding structural repairs), public access path
14 and all right-of--way creek mitigation plantings within a Landscape
15 Assessment District (LAD) for maintenance purposes. The project sponsor
16 may elect to contract for private maintenance of the right-of--way
17 improvements, until activation of the LAD is required by the City.
18
19 Monitoring: Plans submitted for SPARC approval of individual lot development
20 shall reflect the proposed 15' dedication and required 5' minimum landscape
21 setback from Adobe Creek. Mitigation funds shall be collected by City staff, and
22 consent for formation of a Landscape Assessment District shall be submitted by the
23 project proponents prior to issuance of development permits. Following
24 completion of creek improvements, staff shall establish standards for maintenance
25 of all creek area mitigation plantings and provide them to the project proponents
26 or the maintenance contractor, together with any recommendations for
27 maintenance resulting from the City restoration project monitoring reports.
28
29 5. ANIMAL LIFE:
30
31 See mitigations under item 4 (Plant Life).
32
33 Monitorine: See monitoring under item 4.
34
35 6. NOISE:
36
37 1. Construction equipment shall be properly mufilered and maintained, and
38 engines turned off when equipment is not m use.
39
40 2. New uses with potential for significant noise impacts shall be reviewed in
41 conjunction with design review of the building or prior to issuance of
42 building permits for tenant improvements, and appropriate noise
43 assessment conducted. Any required means of noise mitigation shall be
44 identified and reflected in construction plans submitted for building permit
45 issuance.
46
47 3. All construction activities and uses shall comply with applicable Zoning
48 Ordinance and Municipal Code Performance Standards (noise, dust, odor
49 etc.). At no time shall future business activities exceed Performance
50 Standards specified in the Uniform Building Code, Section 22-301 of the
51 Petaluma Zoning Ordinance, and the 1987 General Plan.
52
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Reso. 96-58 NCS Page 4 of 9
1 4. Prior to issuance of building permits for each development, the project
2 proponents shall provide City staff with the name and phone number of an
3 on-site manager with authority to implement noise mitigation measures, in
4 the event complaints are received.
5
6 Monitoring: All new development proposals will be reviewed by staff at time of
7 application for SPARC and development permit approval, for compliance with the
8 adopted mitigation measures.
9
10 7. LIGHT AND GLARE:
11
12 1. All exterior lighting shall be designed to preclude direct glare toward
13 adjoining properties, public streets, Highway 1.01 and the Adobe Creek and
14 City marsh areas (Schollenberger Park and the City marsh restoration
15 project).
16
17 Monitoring: Each individual development proposal shall be subject to SPARC
18 review of lighting plans, and subsequent administrative approval of development
19 permits.
20
21 8. LAND USE:
22
23 Mitigations, if any: None required.
24
25 Monitoring: None required.
26
27 9. NATURAL RESOURCES:
28
29 Mitigations, if any: None required.
30
31 Monitoring: None required.
32
33 10. RISK OF UPSET:
34
35 1. All individual development proposals shal? be subject to Site Plan and Architectural
36 Committee review, in accordance with current City requirements, and all proposals
37 for use or storage of certain specified hazardous materials shall be subject to Fire
38 Marshal approval of a Hazardous Materials Permit, as required.
39
40 Monitorine: All proposals involving potentially hazardous substances shall be
41 subject to review by the Fire Marshal and Planning Department during use permit,
42 SPARC and plan check approved processes.
43
44 11. POPULATION:
45
46 Mitigations, if anv: None required.
47
48 Monitorine: None required.
49
50 12. HOUSING:
51
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Reso. 96-58 NCS Page 5 of 9
1 Mitigations, if any: None required.
2
3 Monitorine: None required.
4
5 13. TRANSPORTATION/CIRCULATION:
6
7 1. Sidewalks shall be installed along the frontage of all streets within the
8 business park, subject to design approval by SPARC.
9
10 2. Clearly identifiable pedestrian bike connections shall be incorporated into
11 the PCD Development Plan submitted for SPARC approval, to permit
12 controlled access points linking the trail system proposed for
13 Schollenberger Park, the public pathway proposed along Adobe Creek, and
14 bike routes along So. McDowell Blvd. Specific lot development plans shall
15 respect and incorporate access treatment as approved by SPARC on the
] 6 master PCD Development Plan.
17
18 3. If on-street parking is proposed, Section 1.12.e. On Street Parkine, shall be
19 modified to remove the employee-only permit restriction and signing
20 requirements for on-street. parking on Fisher Drive and Corporate Circle, in
21 order to eliminate the need for parking enforcement by the City. On-street
22 parking may not be utilized in meeting the overall parking requirement for
23 specific uses. No on-street parking shall be permitted on So. McDowell
24 Blvd.
25
26 4. Concurrent with each building permit application for tenant improvements,
27 the building owner shall provide to the Planning Department a written
28 certification of the following:
29
30 a. Number'of employees (by type of use) for the lease space in
31 question.
32 b. Number of square feet per type of use (office,
33 manufacturing, warehouse, etc.) for the lease space in
34 question.
35 c. Remaining lease space area available.
36 d. Cumulative total of a and b above for any previously
37 approved tenant improvements.
38
39 5. It is anticipated that the Lakeville Highway Assessment District #24 will be
40 implemented prior to development of lots within the business park (except
41 Lot 10 and Lots 13/14). In the event the Assessment District does not
42 proceed as anticipated, prior to issuance of a Certificate of Occupancy, the
43 applicant/property owner shall pay to the City of Petaluma a fair share.
44 allocation of the cost for the Lakeville Highway Improvements, e.g. road
45 widening, signalization, and landscape improvements. The cost of the
46 improvements have been allocated to each property within the proposed
47 Lakeville Highway Assessment District #24 based on methods and formula
48 contained in the Final Engineer's Report dated January 16, 1996. This
49 amount may be adjusted using formulas in the report to reflect a different
50 trip generation rate depending upon the actual land use proposed. The
51 total revised amount, less the actual levied assessment, if any, shall
52 constitute the fair share allocation for the Lakeville Highway
6
Reso. 96-58 NCS Page 6 of 9
1 Improvements. In no event shall the fair share allocation be less than zero
2 (0) dollars.
3
4 6. All individual lot development shall be subject to imposition of Traffic
5 Mitigation fees, to be calculated and paid in accordance with adopted City
6 Council Resolution.
7
8 Monitoring: The proposed PCD Amendment and all proposed lot-specific
9 development shall be subject to SPARC review for pedestrian bike connections as
10 required, and parking adequacy, and individual tenants shall provide parking
11 calculations at time of building permit application. Fees shall be collected as
12 specified prior to commencement of each new use.
13
14 14. PUBLIC SERVICE:
15
16 The project shall be subject to payment of all applicable Special
17 Development Fees, including water and sewer connection fees, community
I8 facilities development fees, storm drainage impact fees, traffic mitigation
19 fees and any other applicable development-fees, in accordance with current
20 City regulations and the previously imposed project conditions,of approval.
21
22 Monitoring: Fees shall be paid prior to issuance of a certificate of occupancy for
23 the individual lots developed
24
25 15. ENERGY:
26
27 Mitigations. if any: None required.
28
29 Monitoring: None required.
30
31 16. UTILITIES:
32
33 1. Each individual proposal for lot development shall be subject to payment of
34 special development fees, as required by City resolution.
35
36 2. All applications for SPARC review and development permit approval shall
37 reflect proposed utility service connections, and shall comply with
38 mitigations specified under item 1 (Earth) and 3 (Water) above.
39
40 Monitoring: Plans submitted for development permit approval of each lot shall be
41 subject to staff approval of utility plans. Special development fees shall be paid
42 prior to issuance of a Certificate of Occupancy for each building.
43
44 17. HUMAN HEALTH:
45
46 Miti atg ions, if any: None required.
47
48 Monitoring: None required.
49
50
51
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Reso. 96-58 NCS Page 7 of 9
1
2
3 18. AESTHETICS:
4
5 1. All development within the project site shall be subject to SPARC review
6 of architectural, site, and landscaping plans. Emphasis shall be placed on
7 preservation of existing natural views, orientation of the project
8 development toward Adobe Creek and the Petaluma Marsh, and
9 enhancement of the site through sensitive landscape design, in keeping with
10 the natural amenities of the site.
11
12 Monitoring: Prior to issuance of development permits, plans shall be submitted for
13 staff approval, and shall reflect conformance with all SPARC conditions of project
14 approval. Each lot development shall be subject to inspection prior to issuance of
15 a Certificate of Occupancy.
16
17 19. RECREATION:
18
19 Mitigations, if and: None required.
20
21 Monitoring: None required.
22
23 20. ARCHAEOLOGICAL/HISTORICAL:
24
25 In the event that archaeological remains are encountered during grading,
26 work shall be halted temporarily and City staff shall be notified by the
27 project proponents. A qualified archaeologist shall be consulted for
28 evaluation of the artifacts and to recommend future action. The local
29 Indian community shall also be notified and consulted in the event any
30 archaeological remains are uncovered.
31
32 Monitoring. Monitoring of the site for potential archaeological remains or artifacts
33 shall be conducted in conjunction with routine construction inspections performed
34 by City staff.
35
36 21. POTENTIAL LONG TERM IMPACTS
37
38 1. As proposed by the project proponents, a minimum 5' setback from the
39 proposed new creek property line shall be maintained for establishment of a
40 vegetative buffer between public creek area improvements and private lot
41 development, including parking area pavement.
42
43
44
45
46
47
48
49
50
51
8
Reso. 96-58 NCS Page 8 of 9
1
2
3
4
5
6 Monitorine: SPARC approval of the proposed Amendment to the PCD
7 Regulations and Development Plan shall occur prior to approval of the first
8 building permit for a creekside lot, reflecting the required 5' setback, and property
9 line relocation. The proposed land dedication shall be recorded prior to issuance
] 0 of a Certificate of Occupancy for the first lot developed.
11
12
13
]4
15
16
1 ~ realbpm / ry23
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19
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certffy the foregoing Resolution was introduced and adopted by the Approved as to
orm
Council of the City of Petaluma at a (Regular) tC~~64[i!f!!Ed){:f~Ci&'~ meeting
on the ...2Ath day of ..._..Feteuary.-...................._........, 1s.9fi., by the ,
following vote: / .....-!--`-:.-1..----~--~~--~•---...-.-..
City A torncy
AYES: Hamilton, Stompe, Maguire, Read, Shea, Mayor Hilligoss
NOES: None
ABSENT: VICe Mayo' ~ ~ ,,{{~~QQ//,pp,
ATTEST: ~~.............'...........:.....~-.....~~1/~.L...---..
City Clerk 9 Ma or
CF,uncil Fiia
cn io-HS xis. m~__..9fi-5-S-'__-. n'-cs. Page 9 of 9