HomeMy WebLinkAboutAgenda Bill 6.B-Attch09 03/03/2003�J
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ATTACHMENT 9
DRAFT RESOLUTION NO. N.C.S
APPROVAL., OF A MITIGATED NEGATIVE "DECLARATION
FOR THE ROCKRIDGE POINTE PROJECT
TO BE LOCATED AT "WESTERN AVENUE AND WINDSOR DRIVE
APN 020- 030- 037;039 013 and 015..
File ANX 00004, TSM 00003, PRZ 0001, PUD 00004
WHEREAS, an Initial Study was prepared and the results of the study indicated that the
proposed Rockridge Pointe project, as mitigated-, will not cause any significant adverse
environmental impacts; and,
WHEREAS, the Planning Commission of the City,of Petaluma held a public hearing on October
22, 2002, on the subject application,. heard. 'testimony and concluded that the findings and
conditions as amended were adequate and recommended to the City Council approval of the
proposed development; and
WHEREAS, the City Council considered the Rockridge Pointe proposal on March 3, 2003, and
considered all written and verbal communications concerning potential environmental impacts
resulting from the project before rendering a decision;
NOW, THEREFORE BE IT RESOLVED that the City Council, approves a Mitigated Negative
Declaration subject to the following Findings and Mitigation Measures:
FINDINGS FOR APPROVAL OF A MITIGATED NEGATIVE DECLARATION:
1. An, Initial Study was prepared and demonstrated that there is no
substantial evidence that supports a fair argument that the project, as conditioned, would
have a significant effect on the environment.
2. The project does not have the potential to affect wildlife resources as
defined in the State Fish and Game Code, either individually or cumulatively, and is
exempt,from Fish and Game ,ling fees.
3. The, proiect is not located on a site listed on any Hazardous Waste Site List
compiled by the State pursuant to Section 65962.5 ofthe California Government Code.
4. The Planning Commission reviewed the Initial Study and considered
public comments before making a recommendation on the project.
5. A Mitigation, - Monitoring Program has been prepared to ensure compliance with the
adopted mitigation °measures.
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6. The record of proceedings of the decision on the project is available for public review at •
the City of Petaluma Planning Division, City Hall, 11 English Street; Petaluma,
California.
MITIGATION MEASURES`:
Land Use and Planning`
1. The Applicant shall contribute to the City's affordable housing program pursuant to the of
the Housing Element of the Petaluma General Plan. The Applicant, shall participate through:
(a) payment of an -in -.lieu housing fee for each residential lot payable at the close of escrow
for each lot or residential unit; (b) dedication of land to the City for development of
affordable housing or, (c) provision of between 10 to 15 percent of the units at below - market
rents or prices as described in the General Plan.
2. A landscaped buffer. zone ,shall be provided along the northern boundary of the property.
This buffer zone shall be developed, as a natural band of vegetated open space •with variation
in vegetation types and sizes and shall not be a contiguous wall or hedgerow. Only native
vegetation shall be planted within this buffer. Vegetation that is planted shall be mature, and
shall provide necessary screening in all areas of the buffer within 3 years of project
implementation. (DCE 1997).
3. The. proposed project shall be reduced by one lot to be consistent with the General Plan land
use designation which allows 61 lots for this - property.
Geology and Soils
4. All disturbed areas (graded and repaired areas) shall be included as part of the common area.
for the Homeowner's Association.
5. Planned fills shall be properly keyed, subdrained, and benched into -firm underlying- bedrock
material, and the fill -must be placed and compacted under soil engineering observation and
testing services. (Giblin Associates 1995)
6. Existing fills in planned improvement areas shall be removed for their full depth and replaced
as properly compacted fill. (Giblin Associates 1 -995)
7. In the event that structures are to be placed on the transitions between cut and fill, a
geotechm"cal engineer shall make design "recommendations to minimize the potential for
differential settlements between cut and fill material.
8. Cuts and fills shall be revegetated.
9. Annual maintenance inspections should be made of all cuts and fills and all drop=nlets.on all
common areas to identify problem's and correct them before they require major repair. Such
maintenance shall be the responsibility of the Home Owners Association.
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Subsurface drainage facilities must be included as part of the slope construction to reduce
build -up of hydrostatic pressure. The soil engineer during the development of final ;grading
3 plans; shall establish preliminary locations of recommended • keyways, benches, and
4 subsurface drainage facilities. (Giblin Associates 1995).
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6 11. Post - tensioned slab foundations for residential structures shall be designed to resist vertical
7 movements associated with the shrinking and swelling of expansive clay soils. (Giblin
8 Associates 1995).
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10 12. The project soil engineer shall be consulted to provide specific recommendations for
11 foundation support of the structures to reduce the risk of future structural distress resulting
12 from differential supporting conditions. '(Giblin Associates 1995).
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14 13. Catchment and retaining walls shall be designed in accordance with the recommendations
15 contained in the geotechnical study dated August 1995 and should be inspected and
16 maintained annually.
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18 14. Following grading of each slope, :cut and fill slopes and areas disturbed during site preparation
19 shall be with deep - rooted, fast - growing, ground cover or native grasses to reduce erosion.
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15. The Applicant shall submit an Erosion and Sediment Control. Plan prepared by both a
registered professional engineer and by an erosion control specialist as an integral part of the
improvement plan. The Erosion Control' Plan shall include a post- construction maintenance
25 and monitoring program for the, detention basin, implementation of which ishall be the
26 responsibility of the Home Owners Association for the proposed development. The Erosion
27 and Sediment Control Plan shallbe subject to review and approval by the City Engineering and
28 Planning Divisions, prior to issuance of a grading permit. The Plan :shall include temporary
29 erosion control measures to be used during construction of cut and fill slopes, excavation for
30 foundations, and other grading operations at the site to prevent discharge of sediment and
31 contaminants into the drainage system. Specific measures to be included in the ECP would be
32 included as conditions of approval.
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34 16. The Creek Enhancement Plan ,shall be modified to include methods to protect the creek and
35 adjacent riparian habitat during construction.
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37 Air
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39 17. The Applicant shall incorporate Best Management Practices to. limit fugitive dust and exhaust
40 emissions into the construction and improvement plans and clearly indicate these provisions
41 in the specifications. Specific practices would be included as conditions of approval.
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43 18. The Construction Contractor shall adhere to the requirements addressing emission control
44 measures for asphaltpaving emissions in the BAAQMD Rulebook.
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Hydrology and Water Quality
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19. All construction activities shall be performed in a manner that minimizes: the sediment and/or
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pollutants entering directly or indirectly into the storm drain system or groundwater. The
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Applicant shall incorporate the following provisions into the construction plans and
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specifications, to be verified by the Community Development Department, prior to issuance
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of grading or building permits.
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a. The applicant shall designate construction staging areas and areas for storage of any
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hazardous materials (i.e., motor oil, fuels, paints,) used during construction on the
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improvement plans and the SWPPP. All cons t ruction staging areas shall be located away
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from any stream and adjacent drainage areas to *prevent runoff from construction areas
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from entering into the drainage. system. Areas designated for storage of hazardous
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materials shall* include proper containment features to prevent contaminants from
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entering drainage areas in the event of a spill or leak.
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b. No debris, soil, silt, sand, cement, concrete or washings thereof, or other construction
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related materials, or wastes, oil or petroleum.products or other organic or earthen material
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shall be allowed to enter any drainage system. All discarded material including washings
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and any accidental spills shall be removed' and disposed of at an approved disposal site.
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The Applicant shall designate appropriate disposal methods and/or facilities on the
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construction plans or in the specifications.
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c. No heavy equipment shall be operated in any creek channel. All in- stream, channel'work
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shall be limited' to the dry season (typically defined as May 1 st through October 15th) and
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performed in :accordance with conditions specified by the Dept. of Fish and Game in a
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Streambed Alteration Agreement and the Army Corps Section 404 Permit. `The applicant
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shall provide a copy of the. approved -Streambed Alteration Agreement and proof of
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compliance with the permit conditions prior to approval of improvement plans or
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issuance of grading permits for work within any channel.
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20. The applicant shall prepare an operation and maintenance manual for the detention basin, to
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include dredging and ongoing maintenance, to be submitted as part of the improvement
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plans.
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21. Material and equipment for implementation of erosion control measures shall be. on site by
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September 15. All earth - moving activity shall be completed by October 1, prior to the on -set
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of the rainy season with all disturbed areas stabilized and revegetated by October 15.
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Biological Resources
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22. Preconstruction surveys for active raptor nests, including barn owls,, and bats shall be
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conducted during appropriate seasons prior to any site grading, tree removal, or demolition of
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buildings.
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a) If nesting raptors are' identified the applicant shall. avoid construction in areas that would
dsturb,the nest until the young: have fledged and are capable of flight on their own or the
3 n_.est is otherwise unoccupied. The applicant shall consult with, the Department of Fish
4 and Game to establish appropriate buffers zones. around occupied nests.
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b). If barn owls and/or bats are found nesting or roosting in the buildings on the site, the
applicant shall prepare .and implement plans to replace lost nesting /roosting habitat. The
plans shall be developed in consultation with the Department of Fish and Game and shall
include measures such as construction and installation on nest and/or roost boxes within
the preserved open space portions of the : site. The plan shall be submitted to the
Community Development Director for review and.approval.
Because of the potential impacts (take) of red- legged frogs, and habitat in and adjacent to the
creek and springs /seeps .located on the site, the applicant shall submit evidence to the
Community DevelopmenCDirecto'r that the project is in ;compliance with' the Federal
Endangered Species Act prior to any site grading. Evidence of compliance can include a
letter from the U.S. Fish and Wildlife Service stating the project will not effect the frog, a
valid Biological Opinion from a Section 7 consultation, or a Section 10a permit. The
applicant shall also provide evidence to the Community Development Director that any
required habitat mitigation required by the Service has been implemented prior to occupancy
of the project.
24. Grading and improvement plans shall show location and number of trees to be preserved
(i.e., valley oaks, buckeyes and bays) and shall include measures for their protection.
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26 25. The applicant shall mitigate ,for the loss of California, red- legged frog aquatic and upland
27 habitat through preservation and enhancement of existing habitats. At a minimum, the
28 applicant shall preserve a minimum of l acre of upland .habitat for every acre of upland
29 habitat impacted by the project. This preserved acreage can be satisfied with the proposed
30 open space dedication. The applicant shall also provide additional mitigation for impacted
31 aquatic habitat, at a minimum 1 :1 ratio. The. amount .of upland and aquatic, frog habitat on the
32 site shall be determined in..coordination with the U.S. Fish and Wildlife Service.
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34 26. The applicant' shall also implement appropriate protection measures as outlined in the
35 Programmatic Formal Endangered Species Act Consultation On Issuance Of Permits Under
36 Section.404 Of 'The, Clean Water Act Or Authorized Under Nationwide Permit Program For
37 Projects That May Affect The California Red - Legged. Frog (U.S. Fish sand Wildlife Service,
38 January 26, 1999). These measures are designed to ,minimize the potential for .adversely
39 impacting, red- legged frogs during construction activities.
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a) A survey of the watercourses on the project site shall be conducted by a USFWS-
approved 'biologist two weeks before the onset; of construction activities. If California
red - legged. frogs; tadpoles, or eggs are found, the approved biologist shall contact the
USFWS: to determine if moving any of these life stages is appropriate. Only USFWS-
approved biologists, shall, participate in activities associated with the capture, handling,
and monitoring of California red- legged frog.
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b) Before any construction activities begin on the project, USFWS- approved biologists shall
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conduct; a training session for all. construction personnel. At a minimum, the training.
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shall include: l.) a description of the California red - legged frog and habitat for this
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species; 2) the general measures that are being implemented to conserve the red- legged
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frog; as they relate to the project; and 3) the boundaries within which the project may be
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accomplished.
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c) A USFWS`- approved biologist shall be present at the work site until such time as all
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removal of red- legged frogs (if found), instruction of workers, and habitat disturbance has
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been completed. After that time, the contractor or permittee shall designate a person to
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monitor on -site compliance with all minimization measures. The monitor and the
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USFWS - approved biologist shall have the authority to halt any action that might result in
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impacts that exceed the levels anticipated by the Corps and the USFWS.
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d) . During project activities, all trash -that may attract predators shall be contained and
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removed from the project site regularly.
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e) All fueling and maintenance of vehicles and other equipment, and staging areas', shall be
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located at least 20 meters (65.6 feet) from the watercourses. Prior to the onset of work,
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the .City planning staff shall ensure that the project proponent has prepared a plan to. allow
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a prompt and effective response. to any accidental spills into the watercourses. All
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workers shall be informed of the importance of preventing spills and the appropriate
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measures to take should a spill occur.
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f) The number of access routes; number and size of staging areas, and total area of the
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activity shall be limited to the minimum necessary to complete the project. Routes and
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boundaries shall be clearly defined, and these areas shall be located outside the riparian
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corridor.
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g) Earth - moving activities (e.g., grading) shall be completed between April 1 and October 1.
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Should the project proponent demonstrate the, need to conduct activities outside this
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period, approval from the USFW would be required. ,
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27. The applicant shall conduct appropriately timed early season (minimum March and April)
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surveys to confirm the absence of special status plant 'species, such as Clara Hunt's. milk
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vetch (Astragalus clarianus), dwarf downingia (Downingia pusilla), and fragrant fritillary
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(Fritillaria 1'ilacea). If federally listed special status species are found, the U.S. Fish and
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Wildlife Service shall be contacted and the appropriate mitigation measures shall be
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implemented. If California -state listed California Native Plant Society listed special status
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species (lists lb, 2 and 3) are found,. the, California Department of Fish and Game shall be
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contacted and associated mitigation measures shall be implemented. Probable mitigation
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measures would include the protection of the existing ' plant population and the replanting and
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transplanting of plant species. A compensation plan shall be submitted to the Community
Development. Director for review and approval prior to grading.
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28. The applicant shall prepare and implement a plan to mitigate the loss of impacted wetlands.
At a minimum, the plan shall replace impacted wetlands at a ratio of 1 (mitigation): 1
3 (impacted). Preferably, the mitigation. areas. shall ,be located onsite or on open space lands
4 adjacent to the project site. If offsite (greater than 1 mile from the site) mitigation is
5 necessary, the ratio should increase to 2:1. The applicant shall submit the mitigation plan to
6 the Community Development Director for review and approval prior to site grading. The
7 applicant shall - also provide evidence to the Community Development Director that the
8 applicant has complied with and obtained appropriate permits and with applicable regulations
9 of the U.S. Army Corps of Engineers the .Regional Water Quality Control Board, the
10 California Department of Fish,and Game, and the U.S. Fish and Wildlife Service.
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12 Noise
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In order to minimize potential impacts related to construction noise, construction activities
shall be limited to between 7 a.m. and 7 p.m. Monday through Friday, unless a permit is first
secured from the City Manager (or his/her designee) for additional hours. No construction
shall be permitted on Sundays or City of Petaluma recognized legal holidays. There will be:
no start up of machines nor equipment prior to 7:00 a.m., Monday through Friday; no
delivery of materials nor equipment prior to 7:30 a.m. nor past . 5:00 p.m., Monday through
Friday; no cleaning of machines- nor equipment past 6 :00 p.m., Monday through Friday; no
servicing of equipment past 6 :45 p.m., Monday, Friday.
30. All construction equipment powered by internal. combustion engines shall be properly
muffled and maintained to minimize noise. Equipment shall be turned off when not in use.
31. Construction maintenance, storage, and staging areas for construction equipment shall avoid
proximity to residential areas *to the maximum extent practicable. Stationary construction
equipment, such as compressors, mixers, etc., shall be placed away from residential areas
and /or provided with acoustical shielding. Quiet construction equipment shall be used when
possible.
30 32. The Applicant shall designate a Project Manager with authority to implement the mitigation
31 measures who will be responsible for responding to any complaints from the neighborhood,
32 prior to issuance of a building /grading permit. The Project Manager's telephone number
33 shall be conspicuously posted. At 'the construction site. The Project Manager shall determine
34 the cause of noise complaints (e.g. starting too early, faulty muffler, etc:) and shall take
35 prompt action to correct 'the problem.
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37 Visual Quality and Aesthetics
38 33. Improvement Plans, including proposed architecture, lighting, and landscaping shall be
39 subject to review and approval by SPARC.
40 34. All exterior. lighting shall be directed onto the project site and access ways and shielded to
41 prevent glare andantrusion. "onto adjacent residential "properties.' Plans submitted for SPARC
review and approval shall incorporate lighting plans, which reflect the location and design of
all proposed street lights, and any other exterior lighting proposed.
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35. Development plans shall be designed to avoid vehicular lighting impacts to bedroom areas •
and other light - sensitive living areas of any nearby residential lot, home or facility.
Development plans for Pots proposed at street intersections or in other potentially light -
sensitive locations shall incorporate architectural or landscape design features to screen
interior living space from the headlight glare.
36.1n order to reduce, potential impacts from light and glare, no illumination shall be installed
within a stream buffer zone or the designated open space area except for low level lighting
along designated pathways adjacent to public streets or across pedestrian bridges. The
improvement drawings and landscape'plans prepared for the project shall reflect the location
and design details of all light fixtures proposed. These locations and details shall be
reviewed .and approved by the Site Plan. and Architectural Review Committee and the Parks
and Recreation Director prior to the approval of the final map, improvement plans 'or
advertising for bids.
37. The Site Plan and Architectural Review. Committee: and the Parks and Recreation Director
shall review-the landscape and lighting plans for the - public improvements proposed within a
-public park_and designated open space area.
38. Shade trees shall be' incorporated into building and improvement plans along public streets
and within parking areas in conformance with the City's Site Plan and Architectural Review
Guidelines to reduce glare and provide shade.
Hazards and Hazardous Materials
39. For uses, including construction activities, involving storage of chemicals or hazardous
materials on -site, the Applicant shall file a declaration form with Fire Marshal's office and
shall obtain a hazardous materials storage,permit.
40. If hazardous materials are used or stored on -site, the Applicant shall prepare a Risk
Management .Plan (RMP) and submit for review and approval by the Fire Marshall prior to
issuance of a certificate of occupancy or grading or building permit for construction
activities. The RMP shall include the following as appropriate:
a) The Applicant shall provide for proper containment within storage areas for hazardous
materials and shall maintain emergency equipment and supplies, as specified by the Fire
Marshall, to address any spills or leaks from the facilities.
b) The applicant. shall identify any potentially hazardous substances or contamination
existing on -site and shall provide for proper treatment, removal and disposal during
construction.
41_ If any vapors or other signs of contamination are detected during project construction, all
local, state and federal requirements for remediation and disposal of contaminated materials
shall followed.
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42. The ,applicant shall comply with all existing Federal and State safety regulations related to
the transport, use, handling, storage', and/or disposal of potentially hazardous substances on
3 the. site.
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5 43. A qualified asbestos abatement specialist shall perform the asbestos mitigation (i.e., removal
6 of the asbestos- containing linoleum in the residence) prior to demolition of the building. An
7 environmental professional shall also be present during demolition and pre- grading activities
8 to observe and monitor areas of the property that may have been obscured by the existing
9 buildings. (Engeo, Inc. 1997)
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11 44. Existing wells and septic systems shall be abandoned in accordance with local and state
12 regulations. (Engeo, Inc. 1997.)
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14 45. Because this project site is located within a high fire hazard severity zone the applicant shall
15 comply with all mitigation :measures recommended by the City of Petaluma Fire Marshal
16 (Memorandum dated August 2000). These measures: are included as conditions of approval.
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18 Transportation and Traffic
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20 46. In order to preserve sight distance, landscaping of the park along the existing creek along
21 Windsor Drive shall be, designed °so that the line of sight along; Windsor Drive from the�new
22, project site is not impeded. Landscape details shall be reviewed and approved by the Site
Plan and Architectural Review Committee. and the Parks and Recreation Director prior to the
approval of the final map, improvement plans , or advertising for bids.
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26 Public Services
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28 47. In accordance with City regulations, the .Applicant shall be responsible for payment of
29 Community Facilities. Development fees to offset the impacts to public facilities. Fees shall.
30 be calculated by the City at the time of building permit issuance and,are due and payable by
31 the Applicant prior to final inspection or issuance of a certificate of occupancy.
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33 48. In accordance with City regulations, the Applicant shall be responsible for payment of Park
34 and. Recreation Land Improvements fees.. These fees provide for acquisition development
35 and improvement of neighborhood and community park and recreation facilities. Fees shall
36 be calculated' by the City at the time of building permit: issuance .and are due and payable by
37 the Applicant prior to final inspection or issuance of a certificate of occupancy.
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39 49. In accordance with .City regulations, the Applicant shall be responsible for payment of
40 . School Facilities fees. - Fees shall be calculated by the City at the time of building permit
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41 issuance and are due and p
_ a able directly to the school district by the Appl prior to final
42 inspection or issuance of a certificate of occupancy. The Applicant shall provide a receipt or
43 proof of payment of school facilities fees to the City Building Division prior to final
44 inspection or issuance of a certificate of occupancy.
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1 Recreation •
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3 50. To mitigate for the increased demand for recreational facilities generated by an increase in
4 residents in the area, the applicant shall be responsible for payment of Park and Recreation
5 Land Improvements fees. These fees provide for acquisition, development and improvement
6 of neighborhood and community park and. recreation facilities. Fees shall be calculated by
7 the City at the time 'of building permit issuance' and are due and payable by the Applicant
8 prior to final inspection or issuance of a certificate of occupancy. (See General Plan, p. 58,
9 sec. 7.2) (See also Section l Ld above).
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11 Utilities Infrastructure
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13 51. To minimize impacts on landfill capacity, the project should follow the following
14 measures: recycle construction and demolition debris to the maximum extent . feasible;
15 and provide adequate space for the storage and collection of recyclable materials at the
16 proposed development.
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18 Cultural Resources
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20 52. Further. archival research andfiield surveys.shallbe conducted in relation to the two wells
21 and the pre -1867 homestead .location to determine their historical significance. Should
22 the wells. or ;homestead be determined to be historically significant, impacts: would be
23 avoided through a monitoring program to be implemented, during subsurface. disturbance
24 associated with project construction and carried out by a qualified archaeologist. (DCE
25 19`97).
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27 53. To assure . that archaeological and :paleontological deposits are properly identified and
28 protected, ,an, archaeological monitor shall be present during initial grading, to final grade
29 and site preparation. If prehistoric or historical archaeological deposits are encountered,
30, the monitor must have the authority to temporarily halt construction in order to evaluate
31 the, significance of the deposit.. If the deposit is potentially significant and the deposit
32 cannot be avoided by construction activities, a data recovery program shall be
33 implemented. Such a program shall include archaeological excavation of the deposit,
34 laboratory processing of artifactual materials, analysis of the recovered materials, and
35 preparation of a report of findings.
36 MONITORING
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38 1. The Building Division, Planning Division, Engineering. Division and Fire Department shall
39 review the improvement and construction plans for conformance with the approved project
40 description and all applicable codes, conditions, mitigation measures and permit
41 requirements prior to approval of a site design review, final map improvement plan, grading
42 or building permit.
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44 2. The Planning Division shall insure that any applicable permits have been obtained from all
45 responsible agencies and that the plans and specifications conform with the permit
46 requirements prior to the issuance of grading or building permits.
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3: Prior to acceptance of improvements or issuance of a certificate of occupancy, all
3 improvements shall be subject to inspection by City staff for compliance with the approved
4 project description, permit conditions and approved development or improvement plans..
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6 IMPLEMENTATION
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8 1. The Applicant shall be required to obtain: all required permits from responsible agencies and
9 provide proof of compliance to the City prior to issuance of`grading or building permits or
10 approval of improvement. plans.
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12 2. The Applicant shall incorporate all applicable code provisions and required mitigation
13 measures and conditions into. the design and improvement plans and specifications for the
14 proj ect.
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16 3. The Applicant shall notify all employees, contractors and agents involved in the project
17 implementation of the mitigation measures and conditions applicable to the project and shall
18 ensure compliance with such measures and conditions. Applicant shall also notify all assigns
19 and transfers of the same.
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21 4. The Applicant shall provide for the cost of monitoring of any 'condition or mitigation
40 measure that involves on -going operations at the site or long -range improvements, such as
archaeological resources.
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25 CONSTRUCTION
26 1. The Applicant shall designate a project manager with authority to implement -all mitigation
27 measures and conditions of approval and provide name, address, and phone numbers to the
28 City prior to issuance of any grading, building or construction permit.
29 2. Mitigation measures required during construction shall be listed as conditions on the building
30 or grading permits and signed by the contractor responsible for construction.
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32 3. City inspectors shall insure that construction activities occur consistent with the approved
33 plans and conditions of approval.
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35 4. If deemed appropriate by the City, the Applicant shall arrange a pre - construction conference
36 with the construction contractor, city staff and responsible agencies to review the mitigation
37 measures and conditions of approval prior to issuance of grading and building permits.
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