HomeMy WebLinkAboutResolution 95-111 05/01/1995 Resolution No. 95-111 N.C.S.
of the City of Petaluma, California
1
2
3
4 A RESOLUTION ADOPTING. A MITIGATED NEGATIVE DECLARATION
5 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
6 AND CITY ENVIRONMENTAL REVIEW GUIDELINES FOR AN AMENDMENT TO
7 THE PUD DEVELOPMENT PLAN FOR UNIT II, PHASE 2 OF ADOBE CREEK,
8 ACCESSED FROM FALCON RIDGE DRIVE (A PRIVATE ROAD)
9
10
11 WHEREAS, the Planning Commission has considered at public hearings held on March
12 14, 1995, and April 11, 1995, and recommended the adoption of a Mitigated Negative
13 Declaration pursuant to the California Environmental Quality Act (CEQA) and City
14 Environmental Review Guidelines in conjunction with the following actions:
15
16 1. Approval of an Amendment to the PUD Development Plan for Unit II, Phase 2 of
17 Adobe Creek to:
18
19 a. Amend the design of homes on the 159 unbuilt lots and modify setbacks and
20 lot configurations; and
21
22 b. Substitute a private common area (park), for use by the homeowners, for a
23 previously approved golf course lake; and
24
25 c. Undertake creek (Adobe Creek) restoration, bank stabilization, and
26 replanting measures.
27
28 NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council, in reference to
29 the impacts and mitigations identified in the initial study and as reflected in the
30 Commission's recommendations hereby adopts a Mitigated Negative Declaration for said
31 project based on the following findings, and subject to the following mitigation measures:
32
33 Findings for a Mitigated Negative Declaration:
34
35 1. A Final EIR was prepared and certified by the City Council pursuant to Resolution
36 85-7 N.C.S. To date, mitigation measures identified in the Final EIR have been
37 addressed through conditions of approval for the project. The Final EIR adequately
38 addresses environmental effects of the protect. This amendment to the
39 Development Plan for Unit II, Phase 2, introduces new information regarding the
40 project's environmental impacts. Therefore, pursuant to Section 15162 of the
41 CEQA Guidelines staff finds that the Final EIR is adequate, but that an Initial
42 Study is .appropriate to identify and establish adequate mitigation measures to
43 address the new impacts.
44
45 2. An Initial Study has been prepared and proper notice provided in accordance with
46 CEQA and local guidelines.
1
a~>. na...95-..111..._.,.. mcs.
1
2 3. Based upon the Initial Study and comments received, potential impacts could be
3 avoided. or reduced to a level of insignificance by requiring the following mitigation
4 measures as conditions of approval. There is no substantial evidence that the
5 project, as mitigated, will have a significant effect on the environment.
6
7 4. A monitoring program has been included with the mitigations, where applicable, to
8 ensure compliance with the adopted mitigation measures.
9
10 5. The project does have potential to affect wildlife resources as defined in the Fish
11 and Game code, either individually or cumulatively and is not exempt from Fish and
12 Game filing fees because the necessary restoration work to be completed within
13 Adobe Creek will have the potential to cause temporary adverse effects on lands
14 which support fish and wildlife resources.
15
16
17 Mitigation Measures:
18
19 Earth
20 1. a. The proposed Bank Stabilization and Restoration Plan shall include
21 additional measures i.e. rip-rap and/or other material(s) to insure
22 stabilization of the creek banks in the vicinity of Lots 7 through 12 of Adobe
23 Creek, Unit 1 and Ely Road, subject to staff review and approval.
24
25 b. All grading and erosion control shall be subject to review and approval by the
26 City of Petaluma's Site Plan and Architectural Review Committee prior to
27 issuance of a grading permit.
28
29 c. All grading and erosion control shall conform to the City of Petaluma
30 Erosion Control Ordinance 17.31.
31
32 d. For work conducted within the Adobe Creek corridor, proof of authorization
33 from all responsible trustee agencies, if any, must be submitted to the City
34 prior to issuance of a grading and or building permit.
35
36 e. All bank stabilization and restoration work within Adobe Creek shall be
37 completed, subject to staff review and approval prior to the issuance of a
38 building permit(s) for the last 131 homes within this project, unless additional
39 time is authorized by the Planning Director due to unforeseen time delays.
40
41 Monitorine: All grading and erosion control work approved by the City must comply with
42 the City's Erosion Control Ordinance 17.37. Venfication for the implementation of
43 erosion control measures required by the City shall be performed by the protect contractor
44 to the satisfaction of the City's Public Works and Building Inspectors.
45
46 Air
47 2. a. Watering of the site to reduce airborne dust levels shall be implemented.
48 Additiona]ly, haul trucks, if any, needed to transport soil off site shall be
49 covered with tarps while travelling on public or private roads.
50
51 Monitorine: The applicant shall be responsible for insuring that proper measures to reduce
52 dust emissions are implemented as needed during construction.
53
54 Water
2
Reso. 95-111 NCS
1 3. a. This development shall be subject to the City's storm drainage impact fees to
2 cover the incremental impact/increase- it will have on the City's storm
3 drainage system. A proportionate share shall. be collected by the City prior
4 to issuance of a Certificate of Occupancy.
5
6 b. An approved stream alteration permit shall be required from the California
7 Department of Fish and Game prior to commencement of work within the
8 Adobe Creek corridor.
9
10 Monitorine: A storm drainage impact fee shall he calculated by the City prior to
11 recordation of the Lot Line Adjustments proposed to accommodate the amended PUD
12 Development Plan.
13
14 Verification for compliance with the California Department of Fish and Game's stream
15 alteration requirements and the Regional Water Quality Control Board's NPDES shall be
16 provided prior to issuance of a City permit for work within the Adobe Creek corridor.
17 Creek restoration shall be performed by the project contractor to the satisfaction of the
18 City's Public Works and Planning Inspectors. All grading and erosion control work
19 approved by the City must comply with the City's Erosion Control Ordinance 17.31.
20 Verification for the implementation of erosion control measures required by the City shall
21 be performed by the project contractor to the satisfaction of the City's Ptiblic Works
22 Inspector.
23
24 Plant and Animal Life
25 4. a. The design, method of construction and timing of Adobe Creek bank
26 stabilization and revegetation work shall be subject to review and approval
27 by the City's Site Plan and Architectural Review Committee, prior to
28 issuance of a certificate of occupancy for homes in Phase 2. All of the
29 required and approved creek bank restoration, stabilization, and
30 revegetation improvements shall be completed, subject to City staff's, and
31 any responsible agency's, review and approval prior to the issuance of a
32 budding permit(s) for the last 131 homes within this project, unless additional
33 time is authorized by the Planning Director due to unforeseen time delays.
34 At a minimum, the creek restoration plan shall include: grading and bank
35 stabilization measures, a planting plan, method of irrigation, and survival
36 rate. The design, method of construction and timing of Adobe Creek bank
37 stabilization and revegetation work shall also be subject to review and
38 approval by the California Department of Fish and Game, the Corps of
39 Engineers and the California Regional Water Quality Control Board; if
40 required, prior to the issuance of a building and/or grading permit. To
41 insure the long term success of the erosion control improvements and
42 plantings within the Adobe Creek Corridor, a Monitoring Program for five
43 (5) years shall be implemented at the applicant's expense and administered
44 by the City of Petaluma. The Monitoring Program shall include, but not be
45 limited to the following:
46
47 (1) Monitoring of mortality rates and replacement of plant materials and
48 improvements as necessary by the monitoring firm or individual ("monitor")
49 by repeated field surveys. A survey schedule shall be established by the
50 monitor through the contract for services.
51
52 (2) Monitoring of creek corridor to insure corridor is free of damage, debris or
53 silt which might affect projected flood flows shall be undertaken on a regular
54 basis. Survey schedule shall be associated with. rain storm frequency and
3
Reso. 95-111 NCS
1 intensity, subject to approval of City staff but shall generally include
2 inspection after each ram storm during the first year, with inspection during
3 intense rain storms as needed, to allow inspection and repair, ~f necessary of
4 any scouring, erosion or other damage or failure; weekly during an active
5 rain season and thereafter as deemed appropriate by City staff.
6
7 (3) Planting species richness and cover shall be assessed quarterly during the
8 first year and annually thereafter with whole samples of each distinct plant
9 association. Data will be analyzed using an established program facilitating
10 association identification and analysis.
11
12 (4) An annual progress report to be developed by the monitor shall include all
13 monitoring data and shall discuss the status of the restoration efforts during
14 the previous year. At the end of the fifth year, the monitoring report will
15 summarize the previous re orts and evaluate the success of the project
16 against established (to be set performance standards. Where the restoration
17 program fails to meet all of the performance standards, it will be the
18 monitor's responsibility to correct the unsuccessful portions of the project.
19 Any unsuccessful portions of the project will then be monitored for a further
20 period of three years and evaluated using the same performance standards.
21
22 (5) A maintenance manual for lon -term maintenance shall be prepared by the
23 monitor for use by the owners)/operators of the Adobe Creek Golf and
24 Country Club in perpetuity. All costs associated with the preparation of this
25 report shall be borne by the developer. The manual shall be prepared,
26 subject to staff review and approval, and submitted to the Planning
27 Department prior to issuance of a building permit(s) for the last 131 homes
28 within this project.
29
30 (6) Schedules and methods for weeding, addition of mulch and determination of
31 adequacy of watering schedules shall be the responsibility of the monitor.
32
33 Monitorine: Authorization for restoration work within Adobe Creek must be submitted by
34 the California Department of Fish and Game, the Corps of Engineers and the California
35 Regional Water Quality Control Board, if necessary, prior to issuance of a grading and/or
36 building permit. The direction specified per the adopted Monitoring Program for Adobe
37 Creek Restoration shall be carried out by a designated and qualified monitor.
38
39 Noise
40 5. a. Construction activities shall comply with applicable Zoning Ordinance and
41 Municipal Code Performance Standards related to noise. Hours of
42 construction work shall be limited to 6:00 a.m. to 5:00 p.m. Monday through
43 Friday and 8:00 a.m. to 5:00 p.m. on Saturdays. Construction shall be
44 prohibited on Sundays and holidays recognized by the City of Petaluma.
45
46 b. An avigation easement over all pro erties within this project (Phase 2) shall
47 be granted by the property owner) to the City and recorded prior to or
48 concurrent with the Lot Line Adjustments necessary to accommodate the
49 proposed lot layout of the amended Development Plan.
50
51 Monitoring: Construction activities may be subject to staff observation at all hours of the
52 day until completion. Staff will notify the developer/builder of complaints regarding
53 construction noise and enforce applicable noise standards.
54
4
Reso. 95-111 NCS
1 The required avigation easement over all properties within this project (Phase 2), pursuant
2 to S.b. above, shall be granted by the property owner(s) to the Crty, subject to City staff
3 review and approval prior to recordation of the lot line adjustments.
4
5 Lieht
and
Glare
6 6. a. All proposed street lights and outdoor common area lighting shall be low in
7 height and intensity, subject to review and approval by the City's Site Plan
8 and Architectural Review Committee. All lights attached to buildings shall
9 provide a soft "wash" of li ht against the wall. All lights shall conform to City
10 Performance Standards ~e.g., no direct glare, no poles in excess of 20 feet
11 height, etc.) and shall compliment building architecture.
12
13 Monitorine: Plans submitted for common area improvements and/or building permit
14 construction must include details of all proposed exterior light fixtures, subject to staff
15 review and approval prior to issuance of a building permit.
16
17 Population
18 7. a. The developer shall provide an in-lieu contribution, related to the cost of
19 providing affordable housing based upon a schedule adopted by Resolution
20 of the City Council (currently Resolution 84-199).
21
22 Monitoring: In-lieu contributions shall be collected upon sale of the individual lot. and/or
23 homes.
24
25 Transportation/Circulation
26 8. a. The development shall be responsible for a fair share contribution to the
27 City's Traffic Mitigation fee as established in the project Development
28 Agreement.
29
30 b. The developer shall be responsible for the construction of a pedestrian
31 sidewalk link between the existing sidewalk extension at Ely Boulevard and
32 Adobe Creek Drive to the intersection of Adobe Creek Drrve and Falcon
33 Ridge. Drive prior to issuance of any certificates of occupancy for any
34 residential units in this project (Phase 2). The design of the sidewalk link
35 shall be subject to review and approval by the Adobe Creek Home Owner's
36 Association, affected utility companies, and the City's Site Plan and
37 Architectural Review Committee prior to issuance of a Certificate of
38 Occupancy for any new homes in this project (Phase 2).
39
40 Monitorine: A Traffic Mitigation fee shall be collected for each home prior to issuance of
41 a Building Permit, or as agreed to in the Development Agreement.
42
43 The sidewalk link shall be completed pursuant to the approved plans, subject to staff
44 review and approval, prior to issuance of a certificate of occupancy for any homes within
45 this project (Phase 2).
46
47 Public Service
48 9. a. The developer shall be subject to pay City development fees as established in
49 the project Development Agreement. Fees include: sewer connection, water
50 connection, community facilities development; storm drainage impact, parks
51 and recreation land improvements, school facilities; traffic mrt~gatton, and in-
52 lieu for provision of low income housing.
53
Reso. 95-111 NCS
5
1 Monitorine: Special Development Fees .shall be collected as prescribed in the project
2 Development Agreement.
3
4 Utilities
5 10. a. A wastewater easement across the golf course property,. as required by the
6 original development agreement, shall be offered to the City of Petaluma
7 prior to or concurrent with recordation of the Lot Line Adjustments
8 proposed to accommodate the amended PUD Development Plan.
9
10 b. A overflow/storm channel or alternate improvements authorized by the
11 Detector of Engineering in consultation with the SCWA shall be constructed
12 adjacent to Casa Grande Road to accommodate flood flows of Adobe Creek
13 which exceed the capacity of the easterly bridge/culvert along Casa Grande
14 Road, subject to review and approval by the City's Engineering Department
15 prior to issuance of a certificate of occupancy on the last 20% of the
16 residential units in this project.
17
18 c. The overflow/storm channel required adjacent to Casa Grande Road or
19 alternate improvements authorized by the Director of Engineering shall be
20 designed and approved by the SCWA and the Director of Engineenng prior
21 to the issuance of a certificate of pccupancy for any units m this protect
22 (Phase 2).
23
24 Monitoring: The wastewater easement shall be dedicated to the City of Petaluma prior to
25 or concurrent with recordation of the Lot Line Adjustments proposed to accommodate the
26 amended PUD Development Plan; subject to staffreview and approval.
27
28 The overflow/storm channel required adjacent to Casa Grande Road shall be constructed
29 to the satisfaction of the City's Engineering Department prior to issuance of a certificate of
30 occupancy on the last 20% of the residential units in thisproject.
31
32 Aesthetics
33 11. a. The Amended PUD Development Plan for this project, including the site
34 plan, unit/house designs, common and private front yard landscape plan and
35 creek restoration plan shall be subject to review and approval by the City's
36 Site Plan and Architectural Review Committee to insure compatibility of the
37 proposed homes with existing homes within the Adobe Creek Golf and
38 Country Club, and ensure that the proposed creek improvements and
39 revegetation measures will provide an attractive amenity for the community
40 prior to recordation of the Lot Line Adjustments proposed to accommodate
41 the amended PUD Development Plan, and/or issuance of a building permit
42 for any house within this project (Phase 2).
43
44 Monitorine: The project's PUD Development Plan, unit/house designs, common and
45 private landscaping plans and creek restoration plan must receive approval from the City's
46 Site Plan and Architectural Review Committee prior to recordation of the Lot Line
47 Adjustments proposed to accommodate the amended PUD Development Plan, subject to
48 staff review and approval.
49
50 Recreation
51 12. a. The proposed private common area and improvements thereof in proximity
52 to the 8th tee shall be subject to review and approval by the City's Srte Plan
53 and Architectural Review Committee and installed prior to issuance of a
54 Certificate of Occupancy for any homes on Lots 44 - 143.
6
Reso. 95-111 NCS
1
2 b. The developer shall be required to contribute a park and recreation land
3 improvement fee as established in the project Development Agreement.
4
5 M~onito~rrng: A park and recreation land improvement fee shall be collected prior to
6 issuance of a building permit for each house.
7
8 Archaeological/Historical
9 13. (Monitoring:} In the event that archaeological remains are encountered during
10 grading, work shall be halted temporarily and a qualified archaeologist shall be
11 consulted for evaluation of the artifacts aril to recommend future action. The local
12 Indian community shall also be notified and consulted in the event any
13 archaeological remains are uncovered.
14
15 California Department of Fish and Game
16 14. The applicant shall submit to the City the required Fish and Game Fees ($1,275.00)
17 in the form of a check made out to the County of Sonoma prior to recordation of
18 the Lot Line Adjustments. The Notice of Determination must be filed with the
19 County with the Fish and Game fees prior to the issuance of any building permits.
20
21 ADOBMIT/hg18
Under thepower and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby cert$y the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) ~CPCd~dirikIIBAIK$Qpt9Ct~ meeting form
on the ------157,...--..... day of .............l~lc`ly....................................., 199.x..., by the
following vote: .
City Attorney
AYES: Shea, Maguire, Barlas, Stompe, Vice Mayor Read, IVlayor Hilligoss
NOES:None
ABSENT: Hamilton /
ityClerk Mayor
Council File...../
cn io.n, ~«s. s~~......9.5-.111...._. aca