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HomeMy WebLinkAboutResolution 96-166 06/17/1996 - Resolution No. ss-ISS N.C.S. of the Citv of Petaluma Californiia z 3 APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR THE 4 WOODSIDE VILLAGE DEVELOPMENT; A.P. No. 137-061-027 5 6 7 WHEREAS, an Initial Study was prepared and the results of the study indicate 8 that the proposed Woodside Village Development, as mitigated, will not cause any 9 significant adverse environmental impacts; and l0 11 WHEREAS, the Planning Commission held a duly noticed public hearing at its 12 regular meeting of May 14, 1996, and considered the potential environmental impacts and 13 all written and verbal communications regarding the matter, prior to making their 14 recommendations for the project; and IS I6 WHEREAS, by action taken on May 14, 1996, the Plamiing Commission 17 considered and forwarded a recommendation to the City Council to approve a Mitigated 18 Negative Declaration for the Woodside Village Planned Unit Development proposed by 19 Mardel LLC pursuant to the California Environmental Quality Act and local. guidelines; 20 and 21 22 WHEREAS, al] reports and communications to the Planning Commission were 23 forwarded to the City Council; and 24 25 WHEREAS, the City Council held a public hearing on this project on June 3, 26 1996; and considered all written and verbal communications concerning potential 27 environmental impacts resulting from the project before rendering its decision; 2g z9 NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council hereby 3n approves the Mitigated Negative Declaratio? subject to the Following findings and 31 mitigation measures: 32 k,.,. x,,.......96-16.6... ucs. Page 1 of 12 pages 1 Mitigated Negative Declaration Findings: z 1. An Initial Study has been prepared and proper notice provided in accordance with 3 CEQA and local environmental guidelines. 4 S 2. Based upon the Initial Study and comments received, potential environmental 6 impacts due to grading, as well as impacts o? water quality, plant. life, views; 7 aesthetics and traffic, will be avoided or reduced to a level of insignificance by s requiring the following mitigation measures as conditions of approval. There is 9 no substantial evidence that the project, as mitigated, will have a significant effect to on the environment. Il 12 3. A monitoring program has been included with the mitigations, where applicable, 13 to ensure compliance with the adopted mitigation measures. 14 15 4. An Initial Study has been conducted by this lead agency, which has evaluated the 16 ~ potential for this project to cause an adverse effect either individually of 17 cumulatively on wildlife resources. I=or this purpose, wildlife is defined as "all 18 wild animals, birds, plants, fish, amphibians, and related ecological communities, 19 including the habitat upon which the wildlife depends for its continued viability." 20 (Section 711.2, Fish and Game Code). The project does not have potential to 21 adversely affect wildlife resources as defined in the Fish and Game code, either 22 individually or cumulatively because the necessary improvements within Capri 23 Creek, as mitigated, will not have the potential to cause significant adverse effects 24 on lands which support fish and wildlife. Reso. 96-166 NCS Page 2 of 12 pages I Mitigation Measures: 2 1. Earth: 3 Mitigations: 4 Q) A soils (geotechnical) report shall be prepared by a qualited geotechnical 5 engineer and submitted to the City prior to approval of the Final Map or grading 6 permit. The report shall address general soils conditions and any specific 7 treatment related to fill, if any, adjacent to the bank of Capri Creek. This report s will be subject to review and approval by the City Engineer prior to Final Map 9 approval. Any specific mitigations included in the revised report shall be to incorporated into the improvement plans for the project and development shall I I comply with all recommendations in the report. 12 I3 (2) Final project improvement and grading plans shall be prepared by a registered 14 civil engineer with assistance from a qualified geotechnical professional. Tlie ]5 plans shall be prepared in compliance with the City of Petaluma's Subdivision I6 Ordinance and Grading and Erosion Control Ordinance. The plans shallinclude a I7 detailed schedule for feld inspection of work in progress to ensure that mitigation 18 measures are being properly implemented throughout construction of the project. 19 These plans shall be subject to the review and approval by City of Petaluma staff z0 prior to Final Map approval. 21 22 (3) Construction of all cuts and fills shall be completed with strict adherence to 23 specific geotechnical recommendations,including engineering design reflected on 24 the Final Map improvement plans, and on-site inspection. ?9 26 (4) All grading and erosion control measures shall conform to the City's Erosion 27 Control Ordinance No, 1576. 28 29 (5) An erosion and sedimentation control plan, as required by the City's Grading and 30 Erosion Control Ordinance 1576 (Petaluma Municipal Code -Chapter 17:31), Reso. 96-166 NCS Page 3 of 12 pages 1 shall be prepared by the applicant in conjunction with the preparation of the 2 improvement drawings. The plan shall include temporary erosion control 3 measures to be used during construction of cut-and-fill slopes, excavation for 4 foundations, and other grading operations at the site. The measures shall be 5 adequate to prevent erosion on-site and the resulting transport of sediment from 6 disturbed areas into natural or man-made drainage facilities beyond the project 7 limits. Such measures should include use of silt fences, ,diversion beams, hay 8 mulch, and check dams to prevent siltation. Special attention shall be given to 9 prevent any increased discharge of sediment into Capri Creek. 10 I I (6) Upon completion of any grading of the banks of Capri Creek afast-growing t2 groundcover shall be planted/seeded to prevent erosion. Planting of trees and 13 shrubs adjacent to the westerly creek bank (the Open Space corridor) shall occur 14 immediately after completion of grading. [n cogjunctial with all public 15 improvements associated with this development, the success of the landscaping on I6 and at the top of the creek bank shall be maintained and monitored by the project 17 proponent for a period of at least one year following acceptance. by t1~e City's 18 Director of Parks and Recreation. 19 20 (7) Al] construction and grading activities, including short-term needs (equipment 2t staging areas, storage areas, and field office locations) shall expose as little new 22 ground as possible. Whenever possible, existing disturbed areas shall be used for 23 such purposes, rather than disturbing additional new ground. 24 25 (8) Grading and excavation activities shall occur only during the dry season (April 15 26 though October 31) unless specific provisions to perform said work. are permitted 27 with prior authorization from the City Engineer due to unforeseen circumstances. 28 ~ All temporary and/or permanent drainage facilities shall be in place and in 29 operation prior to the onset of the rainy season. 3D Reso. 96-166 NCS Page 4 of 12 pages I (9) The landscape plan for that area adjacent to and/or within the westerly bank of 2 Capri Creek shall be referred to the SCWA for review and input prior to submittal 3 of plans for SPARC review. The landscaping plan shall be reviewed and approved 4 by SPARC, prior to Final Map approval. 5 6 Monitoring: Provisions for and timing of all grading improvement mitigation measures 7 specified above shall be the responsibility of the project developer/owner to the s satisfaction of City Staff (enforced by the City). 9 10 2. Air: II Miti atg ions: 12 (1) Standard grading dust control measures, including water applied to the areas of 13 grading, particularly on windy days, shall be incorporated into the erosion and 14 dust control. plan submitted for review and approval by the City. IS 16 (2) Tarps shall be utilized to contain soil and debris material in open trucks during 17 transport to and from the site. l8 19 Monitoring: Maintenance to insure insignificant dust levels occur shall be the 20 responsibility of the project developer and enforceable by the City. 21 22 3.~ Water: 23 Mitigations: 24 (1) The developer shall comply with the Petaluma Municipal Code Sections 25 20.36.010 and 2036.020 which require the developer to pay storm drainage 26 impact fees (as calculated in Chapter 17.30) on construction in all sections of the 27 City of Petaluma. ~8. Reso. 96-166 NCS Page 5 of 12 pages I (2) The storm drain system, and proposed planting plan (specifically plantings 3 proposed adjacent to Capri Creek) shall be reviewed and approved by the Sonoma 3 County Water Agency prior to approval of the Final Map. 4 5 (3) If any of the proposed grading modifications will alter all or portions of the 6 project site within the 100 year flood plain, the applicant shall apply for a 7 Conditjonal Letter of Map Revision (CLOMR) to remove/amend the classification 8 from the Zoning Map and the Federal Emergency Management Agency (FEMA) 9 Map prior to the approval of the Final Map and timely conclude the LOMR l0 process prior to occupancy of any units within the Flood Plain Combining zone. Il 12 (4) Plans submitted at time of application for Final Map approval shall include 13 provisions for storm water rmloff management. The submittal shall reflect la installation of permanent signs at drop inlets to the public storm drain system, I5 which prohibit the deposit of hazardous materials into the system. I6 17 (5) Pesticides and fertilizers shall not be applied to the project's landscaped areas 18 during the wet season (October -April, to the extent possible). When irrigating 19 the landscaped areas, avoid overwatering so that runoff does not flow into streets 20 or into storm drains. These measures will reduce the discharge of water which 21 may have been. contaminated with nutrients and pesticides. These requirements 22 shall be included in the project's landscape plan, and should be specified in any 23 landscape contracts let by the applicant prior to Final Map approval. 24 25 (6) Prior to construction, the applicant will be required to obtain coverage under the 26 State of California National Pollutant Discharge Elimination System (NPDES) 27 Permit for Construction Activities (General Permit) and develop and implement a 28 Storm Water Pollution Prevention Plan (SWPPP). 29 Reso. 96-166 NCS Page 6 of 12 pages (7) Provide an energy dissipater i:e. rock, grouted rip-rap at any storm drain outfall(s) 2 in Capri Creek from the projects storm drain system, subject to staff review and 3 approval. 4 5 Monitorine: Implementation and timing of the mitigations listed above shall be the 6 responsibility of the project proponent/owner and enforceable by the City as specified in 7 the mitigation measures. 8 9 4. Plant-Life: to Mitigations: ~ I The landscape plan including all public and private landscaping proposed and/or 12 required shall be submitted for review anti approval by the City's Site Plan and 13 Architectural Review Committee (SPARC), in conjunction with SPARC's review 14 of the PUD Development Plan and Tentative Map. 15 16 A creek corridor habitat restoration shall be prepared to revegetate (to the extent i7 acceptable to SCWA) the Capri Creek Open Space corridor. Said plan shat] be i8 reviewed and approved by SPARC prior to Final Map approval. "fhe SPARC 19 approved public (including the creek corridor plantings) and private planting plan 20 shall be installed, subject to City staff's review and approval prior to initial City 21 acceptance of the project's public improvements or issuance of a Certificate of 22 Occupancy respectively, unless additional time is authorized by the Planning 23 Director due to unforeseen time delays. 24 25 (2) The applicant/owner shall be responsible to enter this project into a Landscape 26 Assessment District (LAD) for the purpose of perpetual maintenance of all 27 landscape improvements within the Capri Creek Open Space corridor as approved 28 by SPARC and all street tree plantings prior to Final Map recordation. The 29 applicant/owner shall be responsible for the costs associated with establishing said 3o LAD. The applicant/owner shall enter into an agreement with the City which Reso. 96-166 NCS Page 7 of 12 pages I authorizes the establishment of the LAD. During the first year after installation 2 and inspection/approval by the City of the project improvements, including public 3 area landscaping, maintenance of said plantings shall be the responsibility of the. 4 applicant/owner. 5 6 Monitorine: (1) All of the Capri Creek Open Space corridor plantings in addition to 7 street trees either proposed and/or required throughout the subdivision pursuant to the 8 landscape plans approved by SPARC, shall be installed by the applicant/developer, 9 subject to City staffs review and approval prior to initial City acceptance of the project's 10 public improvements; unless additional time is authorized by the Planning Director due to I I unforeseen time delays. (2) The applicant/owner shall agree to and pay for the 12 formation of a Landscape Assessment District to maintain all landscape improvements 13 within the Capri Creek Open Space corridor and all street tree plantings prior to Final la Map recordation. IS 16 5. Animal Life: Mitigations: None required. 17 18 6. Noise: 19 Mitigations: 20 (1) Grading and/or construction activities shall be restricted to the hours between 7:00 21 am and 5:30 pm Monday through Friday, and between the hours of 8:00 am and 22 4:00 pm on Saturday. No construction shall be permitted on Sunday and holidays 23 recognized by the City. 24 25 Monitorine: Implementation and timing of the noise attenuation mitigation measure 26 listed above shall be the responsibility of the project proponent and enforceable by the 27 City as specified in the mitigation measure. Reso. 96-166 NCS Page 8 of12 pages I 7, Light and Glare: z Mitigations: 3 (1) All proposed exterior light fixtures shall be showu.on plans subject to staff review 4 and approval prior'to issuance of a building permit. AlI lights attached to 5 buildings shall provide a soft "wash" of light against walls. All private lights 6 shall conform to City performance standards(e.g. no direct glare, no poles in 7 excess of 20' height, etc.) and shall compliment building. architecture. 8 9 (2) Street lights shall be installed on all streets per the City of Petaluma Municipal 10 Code 20.36.130, including those along the Capri Avenue frontage prior to I 1 acceptance of public improvements. 12 13 Monitorine: Implementation and timing of lighting mitigation measures listed above 14 shall be the responsibility of the project proponent and enforceable by the City as I S specified in the iiiitigation measures. 16 17 8. Land Use: Mitigations: None required. 18 19 9. Natural Resources: Mitigations: Nape required. 20 21 10. Risk of Upset: Miti~tions: None required. 22 23 11. Population: Mitigations: None required. 24 25 12. Housine: Miti at,~* ions: None required. 26 27 13. Transportation/Circulation: 28 Mitigations: 29 The pedestrian link shall be installed between Capri Creek and Lots 58 & 59 to so connect the sidewalk on Woodside Circle to Maria Drive. Said path shall be Reso. 96-166 NCS Page 9 of 12 pages t reflected on the PUD Development plans, submitted for SPARC review and 2 approval prior to Final Map approval. 3 4 (2) 1'he development of each home shall be required to contribute to the City's traffic 5 mitigation fee prior to issuance of a Certitcate of Occupancy. 6 7 Monitoring: The project proponent shall be responsible for the implementation of all s traffic mitigation measures enforceable by the City as specified in the mitigation 9 measures. 10 tl 14. Public Service: I2 Mitigations_ if any: 13 (l) The developer shall be subject to pay City development fees as established in the 14 current Special Development Fees handout. Fees include: sewer connection, 15 water connection, community facilities development, storm drainage impact, 16 parks and recreation land inYprovements, school Facilities, traffic mitigation, and 17 in-lieu for provision of low income housing. 18 19 Monitoring: Special Development Fces shall be collected as prescribed in the City's 20 Special Development Fees handout. 21 z2 15. Enerev: Mitigations: None required. 2; 24 16. Utilities: 25 Miti atg ions: 26 (1) The project will be required to pay current standard sewer and water connection 27 fees prior to the issuance of a Certificate of Occupancy for each unit pursuant. to 28 Municipal Codes 15.44 - 15.77 and 15:08 respectively. 29 30 (2) The project will be required to pay current standard storm Reso. 96-166 NCS Page 10 of 12 pages I drainage impact fees on a house-by-house basis prior to issuance ova Certificate 2 of Occupancy pursuant to Municipal Code 17.30. 3 4 Monitorine: The project proponent shall be responsible far the implementation and S timing of all mitigations regarding utilities subject to City enforcement as specified in the 6 mitigation measures. 7 8 17. Human Health: Miti ~at~ ions: None required. 9 to l8. Aesthetics: II Miti ag lions: 12 (1) All aspects of the Planned Unit Development Plan including the Development 13 Standards shall be subject to review and approval by the City Site Plan and is Architectural Review Committee. Areas of SPARC review shall include, but not IS be limited to: use of landscaping to improve the view of the site following 16 development of homes from Capri Avenue, Maria Drive and Sunrise Park; quality 17 of building design/construction including but not limited to: siding and roofing 18 materials and colors, archiCectural deCails including windows and doors and 19 associated trim elements, porch designs, garage door designs, attic and roof 20 vents/locations; all fencing. 21 22 (2) The Master Landscape Plan shall be subject to the Site Plan and Architectural 23 Review Committee's review and approval prior to Final Map approval All 24 proposed and required landscaping improve~iients within the Capri Creek Open 25 Space corridor, and the public rights-of-way shall be installed subject to staff 26 review and approval prior to acceptance of public improvements. All private yard 27 landscaping and fencing improvements shall be installed subject to staff review 28 and approval prior to issuance-of a Certificate of Occupancy forrespective units. 29 Reso. 96-166 NCS Page 11 of 12 pages I Monitorine: All visual mitigations and the timing thereof shall be the responsibility of 2 the project proponent and enforceable by the City as specified in the mitigations above. 3 4 19. 12ecrcation: Miti atg ions: None required. 5 6 20. Archaeological/Historical: 7 Mitigatiotl/Monitoring: S (1) In the event that archaeological remains are encountered during grading, work 9 shall be halted temporarily and a qualified archaeologist shall be consulted for to evaluation of the artifacts and to .recommend fixture action. The local Indian I I community shall also be notified and consulted in the event any archaeological 12 remains are uncovered; a note to this effect shall be shown on the improvement 13 plans for the site. 14 IS 16 NDWOOD/hg2G/Hard6 12 Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: Lhereby certHythe foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petalumaat a (Regular) Qp¢LI~iDfdt)XpS1321l25tp meeting ~ ~ fO~'1 on the ..)..7.511---------.. day of .....:..d7ARe.`--------------...-- 19..17.., by th'e following vote: - ~x ~ ity Attorn y AYES: Alaguire, Hamilton, Stompe, Read, Shea, Mayor Hilligoss NOES: NOrie ~/i Q ABSENT: 1Vi/c'e hr~}?.DP B~Ias~~~/~ ~ _7 /{~JU~ ATTEST: v.......... j/~......~.. ..!F.!.!..~~~-~ ....//-A/~p-~----R---.. City Clerk Mayor -,"/'7- Council Five_..__...........__.__........ cn lose ats. u~_.......~_6cl.f.fi.... n_es. Page 12 of 12 pages