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HomeMy WebLinkAboutResolution 93-96 04/26/1993 ~es®IUt10Cl N®. 93-96 N C.S. 1 of the City of Petaluma, California 2 3 A RESOLUTION OF THE CITY OF PETALUMA ADOPTING A MITIGATED 4 NEGATIVE DECLARATION FOR THE TWIN CREEKS RESIDENTIAL PROJECT 5 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) 6 FOR AN AMENDMENT TO THE APPROVED PLANNED UNIT DEVELOPMENT 7 PLAN AND A NEW VESTING TENTATIVE MAP FORA 44 LOT SINGLE FAMILY 8 PROJECT ON A 9.07 ACRE SITE LOCATED AT 4 AND 8 ELLIS STREET (APN'S 9 007-221-19, 136-100-21, 26, 29, 31, 32, 33 and a portion of 34) 10 11 12 WHEREAS, the California Environmental Quality Act provides that all local agencies 13 prepare or cause to be prepared, an Environmental Impact Report (EIR), for any project 14 intended to be carried out or approved, which may have a significant effect on the 15 environment and that said local agency shall certify the adequacy of the EIR; and 16 17 WHEREAS, the City Council of Petaluma certified an EIR on June 4, 1990 by Resolution 18 No. 90-182 for the Twin Creeks project, but denied the project without prejudice; and 19 20 WHEREAS, an application for a revised Twin Creeks project which attempted to respond 21 to the concerns of the original EIR was submitted in August of 1990 and was deemed 22 complete in February of 1991; and 23 24 WHEREAS, a Supplemental Environmental Impact Report (SEIR) for the second version 25 of the Twin Creeks residential project was certified by the City Council on February 3, 1992 26 and mitigation measures were adopted as conditions of project approval; and 27 28 WHEREAS, a third version of the Twin Creeks project was submitted in an attempt to 29 respond to the mitigation measures identified on the SEIR, in January of 1993 and deemed 30 complete in March of 1993; and 31 32 WHEREAS, an Initial Study was prepared to evaluate the potential environmental impacts 33 of the proposed changes to the approved plan; and 34 35 WHEREAS, the Planning Commission reviewed and considered the Initial Study and all 36 public testimony made at a hearing held. on March 23, 1993 and has recommended the 37 adoption of a Mitigated Negative Declaration for the revised Twin Creeks project in 38 conjunction with the following actions: 39 1 aes. N~:.._93T.9.6........._ ;v.cs. 1 l 1. Conditional approval of an amendment to the approved Twin Creeks Planned Unit Development Plan as represented by the Vesting Tentative Map received in the Planning Department on March 18th, 1993, the Landscaping Plans received on March 4th, 1993 and the Architectural Drawings received on January 28th, 1993; and 2. Conditional approval of the Vesting Tentative Subdivision Map received in the Planning Department on March 18, 1993 for the 44 lot subdivision know as Twin Creeks. NOW THEREFORE BE IT RESOLVED that the Petaluma City Council, in reference to the impacts and mitigations identified in the previously certified EIR, SEIR and Initial Study on said project which were not addressed through the redesign of the project, hereby makes the following findings: A. Potential impacts relating to Geology/Soils, identified in the EIR, which still apply to the redesigned project are as follows: IMPACTS a. Major earthquakes along faults within the San Francisco Bay region are likely to produce strong ground shaking at the project location with a maximum probable earthquake on the San Andreas fault estimated. to be a Richter 8.3 magnitude. b. Intense rainfall could produce creek flows that can erode banks and strong ground shaking from earthquakes can create bank instability. Construction grading could load the tops of banks to cause slope failure. c. Plastic clay soils are present at the site with a high potential for expansion/contraction during changes in moisture content. This would result in cracking and differential movement damage to foundations, concrete slabs and pavements. Reso. 93-96 NCS 2 d. Erosion is accelerated and increased in an area by grading associated with development. Following construction, eroding soil can clog drainages and adversely divert instability and additional erosion. Appropriate mitigation measures were adopted to reduce these potential impacts to a level of insignificance as follows: MIT'IGAT'ION MEASURES 1. T'he applicant shall incorporate seismic design parameters in construction, including foundations and structures, graded slopes, and retaining walls. 2. T'he potential for slope instability shall be mitigated through engineering design and construction. 3. Any use of expansive soils for use in structural fill shall be evaluated in geotechnical investigations. 4. Construction-related impacts shall be mitigated by limiting the grading to the dry season (May-October) when flows and run-off potential are lowest. Erosion control shall be provided in conformance with the city's erosion control standards. B. Potential impacts relating to I~ydrology, Flooding and Water Quality identified in the EIR and SEIR which still apply to the redesigned project were identified as follows: IMPACTS a. Runoff from the proposed site is to be conveyed through conventional storm drains under the streets and discharged into the Petaluma River and Washington Creek. T'he subdivision would increase runoff flow that would add to the amount of water flowing into the river and thus contribute cumulatively to the flooding problem. Reso. 93-96 NCS 3 b. The conversion of the project site from open space to residential use would increase the potential for surface water pollution impacts. c. Sedimentation and erosion impacts from the project could occur during grading of the site or at storm drain discharge points along the Petaluma River and Washington Creek. d. Lots 1-4 of the proposed project may interfere with the right-of-way requirements for the flood control and/or required riparian mitigation area for the Corps of Engineers Petaluma River project. The plans have been reviewed by the Army Corps of Engineers and appear to be compatible with the Corps plans for this reach. Appropriate mitigation measures were adopted to reduce these potential impacts to a level of insignificance as follows: MITIGATION MEASURES 5. The fill proposed at the project site shall be balanced with an equal volume of excavation in the over-bank areas of the Petaluma River as shown on the proposed grading plans. 6. The project storm drain system shall conform to the criteria established by SCWA and the City of Petaluma. The storm drain shall be sized to accommodate runoff from existing homes to the north of the site. The discharge point shall be designed so as not to obstruct flow in the River or the Creek. 7. The storm drain run-off from the site shall be retained in a detention system as depicted on the Vesting Tentative Map subject to approval by the City Engineering Department until completion of the Army Corps of Engineers flood control project for the Payran Reach. 8. The applicant must attempt to reduce the amount of runoff from paved areas to help reduce the off-site transport of urban pollutants. The method of achieving this mitigation shall be subject to review and approval of the City Reso. 93-96 NCS 4 Engineering and Planning Departments prior to approval of the improvement plans. 9. Erosion control shall be provided in conformance with the City's erosion control. standards. 10. Lots 1 through 4 adjacent to Lynch Creek and the Petaluma River may interfere with the Army Corps project and development of these lots shall be deferred until the completion of the Army Corps flood control project for the Payran Reach as proposed by the applicant. The applicant shall delay filing the Final Map for this area until finalization of the Army Corps plans. 11. The .applicant shall post a sign visible from the public right-of-way and shall give written notice to all prospective homebuyers (until the area is developed or converted to a mitigation area for the Army Corps project) that the area in the vicinity of Lots 1-4 maybe developed with up to four homes.. 12. The improvement plans for the bridge crossing shall be designed to the satisfaction of the Sonoma County Water Agency. 13. Excavation at the project site shall be of a volume no less than that analyzed in applicant's hydraulic study; location of excavation should be no further away from river than that analyzed in the hydraulic study. This will comply with the City's Ordinance requiring "zero-net-fill and a minimum 2-foot freeboard." Any alterations will be subject to further hydraulic study. 14. The applicant shall be required to maintain "zero-net-fill" throughout the construction process on areas of the site within the floodplain. 15. In keeping with SCWA policy, the slope of the north bank of Washington Creek shall be hydro-seeded with a mixture of annual grasses. C. Potential impacts relating to Plant Life identified in the EIR and SEIR which still apply to the redesigned project were identified as follows: Reso. 93-96 NCS i IMPACT a. Portions of the landscape buffer along Washington Creek do not meet 20 foot width as recommended in the EIR. The following mitigation measure has been adopted to mitigate the identified impact to a level of insignificance: MITIGATION .MEASURES 16. The landscape plan shall provide an average 20-foot landscaped buffer along Washington Creek. At no point shall the buffer be less than 15 feet. D. A potential impact relating to Noise, identified in the EIR, which still applies to the redesigned project is as follows: IMPACT b. Short term noise impacts would occur during grading and construction activities. The following mitigation measures have been adopted to mitigate the identified impact to a level of insignificance: MITIGATION MEASURES 17. Construction operations shall be limited between 5:00 pm and 8:00 am and on weekends (quiet, non-mechanical operations only after 5:00 PM and before 8:00 AM). 18. All construction and grading equipment shall be properly muffled. 19. The developer shall provide temporary shielding between the noise source and the receiver. 20. The developer shall reduce the level of backup beepers on heavy equipment. Reso. 93-96 NCS 6 c E. A Potential impact relating to Land Use Conflicts identified in the EIR which still relates to the revised project is as follows: IMPACT a. Visual encroachment would occur with the placement of two story houses adjacent to the existing. single story neighborhood. The following mitigation measures have been adopted to mitigate the identified impact to a level of insignificance: MITIGATION MEASURES 21. A minimum setback of 25' shall be maintained in the rear yards of the homes along Wilmington Drive where feasible, without eliminating driveway parking along Twin Creeks Circle. Exceptions may be allowed for Lots. 26 and 28 as noted on the written Planned Unit Development Standards. The Planned. Unit Development guidelines shall be amended to include regulations governing the height and location of detached accessory structures in these yards. 22. The Tentative Map and Planned Unit Development Plan shall be amended to place the single story units on the shallow Lots 25 and 27. The proposed Model 3 on the remaining shallow Lot 26 shall be replaced with the shallower model 2 to provide a rear yard setback of at least 24.5 feet. F. The following impact relating to Housing was identified as still applicable to the revised project: IMPACT a. Because the project does not provide affordable housing on site it will be subject to the City's affordable housing requirements. Reso. 93-96 NCS 7 F The following mitigation measure has been adopted to mitigate the identified impact to a level of insignificance: MITIGATION MEASURE 23. The applicant shall be required to pay low and moderate income housing in- lieu fees of an amount to be determined according to the schedule established by City Council Resolution No. 84-199 N.C.S., or make alternative arrangements to meet low and moderate income housing provision requirements of the Petaluma General Plan. G. Potential impacts relating to ZYaffic/Circulation, identified in the EIR, and Supplemental EIR which still apply to the revised project are as follows: IMPACT a. Pedestrian/vehicle safety conflicts may occur with the increase in traffic. b. Extending Ellis Street to Madison Street will double the number of vehicles utilizing the intersection. LOS will remain at A. c. Site distances could be limited for vehicles entering internal streets from driveways, particularly in front of Lots 27-31. d. The turning radius within the cul-de-sac would restrict truck access. e. Children crossing Ellis and Madison Street when walking to and from school create potential pedestrian/vehicle conflicts in the area of McKinley Elementary School. f. The project will have the following impacts on residents of the unimproved portions of Ellis Street: i. The extension of Ellis Street will result in additional traffic and noise near the existing residents. Reso. 93-96 NCS 8 ii. The owners Williams and Vedders will lose use of the Ellis Street right-of--way as their driveway. The following mitigation measures have been adopted to mitigate the identified impacts to a level of insignificance: MITIGATION MEASURES 24. The applicant shall provide a stop sign at the new Ellis Street approach to Ellis/Madison intersection. 25. The final Landscaping Plan shall be designed to avoid landscaping which could block motorists line-of-site when entering Holly Lane. 26. The applicant shall be responsible for installation of warning signs consistent with State of California Department of Transportation Guidelines for school area pedestrian safety prior to the issuance of building permits for the new homes. Appropriate signing includes a fixed (non-flashing) yellow warning pedestrian sign and school sign located mid-block adjacent to McKinley Elementary School on Ellis and Madison Streets. 27. The applicant shall contact McKinley School and assist the school in establishing a crossing guard program for the school in the vicinity of Madison and Ellis Streets subject to approval by the Administrators of the Petaluma School District. The applicant shall offer up-front program funding to the School District for a minimum of 5 years. 28. The developer shall be responsible for installing a fence along the property lines of those three parcels along the new portion of Ellis Street subject to approval of the individual property owners. 29. The developer shall .install curb cuts and driveway aprons for those owners who will lose existing driveways as shown on the proposed plans, subject to approval by the individual property owners. Reso. 93-96 NCS 9 H. The following impact relating to Public Services has been identified as still applicable to the revised project: IMPACTS s. As identified in the EIR, the proposed project would increase the McKinley and Petaluma School District enrollment. Portable classrooms and additional staff may be required at the elementary and secondary schools levels. The following mitigation measure has been adopted to mitigate the identified impact to a level of insignificance: MITIGATION MEASURES 30. The developer shall be responsible to pay school impact fees to fund necessary capital improvements. H. A potential impact relating to Public Utilities was identified as still applicable to the revised project as follows: IMPACT a. The project will result in an increase in the amount of solid waste which will cumulatively impact landfill capacities. The identified impact will be mitigated to a level of insignificance by the following mitigation measures to be incorporated into the project: The following mitigation measures have been adopted to .mitigate the identified impact to a level of insignificance: MITIGATION MEASURES 31. The developer shall provide information to the residents about recycling services in the project area and suggest that residents recycle glass, metal, paper, cardboard and other materials to the maximum extent possible. Reso. 93-96 NCS 10 32. Insulation and other products made of recycled products shall be considered for use in construction of the subdivision. Design of residential units shall consider the inclusion of recycle storage areas. 33. The developer shall suggest to residents, through the distribution of literature or some other method, that they use recycled materials to the extent possible. I. The following impact relating to Recreation facilities has been identified: IMPACT a. The project will increase the demand for recreational Services. The following mitigation measure has been adopted to mitigate the identified impact to a level of insignificance: ' MITIGATION MEASURE 34. The project will be subject to Park and Recreation Land Improvement Fees. J. Potential impacts relating to Archeologry, identified in the EIR and still applicable to the redesigned project, are as follows: IMPACTS a. Although an archaeological survey did not reveal cultural deposits on the site, any prehistoric deposits by be buried because of the proximity of the site to the river. b. The structures on the site, particularly the Buchanan house, may be of historic value. The following mitigation measures have been adopted to mitigate the identified impacts to a level of insignificance: Reso. 93-96 NCS 11 1 2 MITIGATION MEASURES 3 4 35. An architectural historian shall be retained to assess the historic value of the S structures on the site, particularly to turn of the century Buchanan home 6 prior to approval of the Final Map. ~ If it is found that the houses are of 7 historic value, they shall not be demolished and either retained on the site or 8 moved to another site. If the home is moved to Lot 1 it shall not be occupied 9 until the Army Corps of Engineers project has been completed. If the Army 10 Corps plan requires that proposed Lot 1 remain undeveloped for mitigation 11 requirements, the applicant shall move the home to an alternate site within 12 the development subject to approval by City Staff. 13 14 36. In the event that archaeological remains are encountered during grading, 15 work shall be halted temporarily and a qualified archaeologist shall be 16 consulted for evaluation of the artifacts and to recommend future action. 17 The local Indian community shall also be notified and consulted in the event 18 any archaeological remains are uncovered. 19 20 BE IT FURTHER RESOLVED that implementation of the specific findings of mitigation 21 contained herein which have not already been incorporated into the revised project, shall 22 be accomplished through the conditional approval of the Vesting Tentative Map for the 23 Twin Creeks project and hereby incorporates, by reference Resolution No. 93-98 N.C.S. 24 setting forth said conditional approval. 25 26 IN CONCLUSION, BE IT FURTHER RESOLVED that the Petaluma City Council does 27 hereby approve a Mitigated Negative Declaration on said project, and in connection with 28 this approval makes the following findings pursuant to State and local guidelines: 29 30 31 1. An Initial Study has been prepared and proper notice provided in accordance with 32 CEQA and local guidelines. 33 34 2. Potential impacts, identified in the EIR, Supplemental EIR and Initial Study and 35 from comments received on all three documents, could be avoided or reduced to a 36 level of insignificance by mitigation measures listed above and incorporated into the Reso. 93-96 NCS 12 1 conditions of approval for the Vesting Tentative Map. There is no substantial 2 evidence that the project, as conditioned, would have a significant effect on the 3 environment. 4 5 6 7 8 9 10 11 12 3. A monitoring program has been included to ensure compliance with the adopted mitigation measures, if any. 4. Fish and Game Filing Fees have been paid with the Filing of the Supplemental EIR. Although the project does have potential to affect wildlife resources as defined in the Fish and Game code and was not exempt from Fish and Game filing fees, the changes proposed will have no impacts on wildlife resources and actually incorporate improvements to the riparian mitigation plan recommended by the Department of Fish and Game. 13 14 15 16 17 twin3ndr/ddb Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) (S~C~ meeting.--""'~ °~ on the .--•--2.6.th..-....... day of .................A.[Jr11....--........................., 19.93.., by the .- following vote: ......~: w. ..................... `GZty At rney AYES: Nelson, $arlas, Read, Shea, Vice Mayor Sobel, Mayor Hilligoss NOES: Hamilton ABSENT: None i ATTEST: -..-.. ~.~2~'e~~--... ........C~~~~'~.~f:."' ~. - -----•-- ;~ City Clerk Mayor Council File..p ................................. CA 10-85 Res. No. .... ~.`~-~ V N.C.S. ~~ 13 MITIGATION MONITORING PROGRAM FOR TIDE TWIN CREEKS RESIDENTIAL SUBDIVISION LOCATED AT TIIE CONFLUX OF WASHINGTON CREEK AND T1IE PETALUMA RIVER (APN#'S 007-221-19, 136-100-21,26,29,31,32,33 and a portaon of 34)' The Planning Commission reviewed and considered the Initial Study and all public testimony made at a hearing held on March 23rd, 1993 and has recommended the adoption of a Mitigated Negative Declaration for the revised Twin Creeks project in conjunction with the following actions: 1. Conditional .approval of an amendment to the approved Twin Creeks Planned Unit Development Plan as represented by the Vesting Tentative Map received in the Planning Department on March 18th, 1993, the Landscaping Plans received on March 4th, 1993 and the Architectural Drawings received on January 28th, 1993; and 2. Conditional approval of the Vesting Tentative Subdivision Map received in the Planning Department on March 18, 1993 for the 44 lot subdivision know as Twin Creeks. Implementation of the specific mitigations shall be accomplished through the conditional approval of the Vesting Tentative Map for the Twin Creeks project. Resolutions No. 93-96 adopting the Mitigated Negative Declaration and No. 93-98 N.C.S. setting forth said conditional Vesting Tentative Map approval as well as the Certified EIR and Supplemental EIR are hereby incorporated by reference. The attached narration of the monitoring mechanism for each mitigation and the attached mitigation checklist represent the Mitigation Monitoring Program for the Twin Creeks project. ~J1~®o ~ ~ c V 'll' is V EARTH 1. The applicant. shall incorporate seismic design parameters in construction, including foundations and structures, graded slopes, and retaining walls. Permit Description of Monitoring Method: Preceded: IMP/FMl a. Improvement Plans must be submitted to and approved by the City's Engineering Department prior , to approval and recordation of the Final Map. Improvement Plans include preliminary grading plans and a soils report which describes on site conditions and makes recommendations for construction. The preliminary grading. plans are reviewed by the City Engineering Department for compliance with the soils report recommendations including any seismic design parameters deemed necessary by the applicants soils engineer. BP/GP b. Prior to commencement of any site improvements the applicant must obtain grading and building permits from the City Building Division. Final ~ building and grading permit applications are reviewed by the wilding Division and.. routed to the Engineering Department on a routine basis to determine compliance with Municipal Code Title 17 "Building and Construction" which includes or references building and grading codes for seismic design parameters. Therefore, compliance with this mitigation will be insured,: prior to the issuance of any grading or building permits for the project. Responsibility for insuring compliance lies with the Building Division and the Engineering' Department. 2. The potential for slope instability shall be mitigated through engineering design and construction. Permit Description of Monitoring Method: Preceded: IMP/FM a. The potential for slope instability is a concern for this project only along the banks of Washington Creek and the Petaluma River. The Improvement Plans which show preliminary site grading and the accompanying soils report shall be reviewed by the City Engineering Department to insure compliance with the recommendations of the soils report and Municipal Code Title 17 Building and Construction Chapter 17.31 Grading and Erosion Control. GP b. Grading Permit applications showing the detailed grading of the site shall be submitted to the Building Division and then reviewed by the City Engineering Department for compliance 1 See Checklist for abbreviations. ~~s~. ~ ~ ° 9 6 N C ~ 2 with approved Improvement Plans and to insure compliance with the recommendations of the soils report and Municipal Code Title 17 Building and Construction Chapter 17.31 Grading and Erosion Control. Compliance with this mitigation will be insured by the Engineering Department pnor to issuance of grading permits for the site. 3. The use of expansive soils for use in structural fill would have to be evaluated in geotechnical investigations. Permit Description of Monitoring Method: Preceded: IMP/FM If expansive .soils are proposed to be used for structural fill, a geotechnical evaluation would have to be submitted with the Improvement Plans for review and approval by the Engineering Department prior to approval of the Final Map. 4. Construction-related impacts shall be mitigated by limiting the grading . to the dry season (May-October) when flows and run-off potential are lowest. Erosion control shall be provided in conformance with the city's erosion .control standards. Pernut Description of Monitoring Method: Preceded: IMP/FM a. An erosion control plan including the timing of work proposed must be included with the Improvement Plans and shall be subject to approval by the Engineering Department to determine compliance with Municipal Code Title 17 Building and Construction Chapter 17.31 Grading and Erosion Control. CONST b. The grading of the site shall be completed before October 1st of the year the grading permits are issued. The site will be inspected by the City Public Works Department to insure that grading work is completed and erosion control measures are in place pnor to the onset of the rainy season. WATER 5. The fill proposed at the project site shall be balanced with an equal volume of excavation in the over-bank areas of the Petaluma River as shown on the proposed grading plans. .Permit Description of Monitoring Method: Preceded: IMP/FM a. The balance of cut and fill proposed on the site shall be demonstrated on the grading plans included with the Improvement Plans reviewed and approved by the City Engineering Department prior to approval of the Final Map to insure compliance with this mitigation. ~~~®o ~ 3 ®9 s ~ C 3 GP b. Grading Permit applications., demonstrating compliance with the zero net fill requirement shall be submitted to the Building Davision and reviewed by the .City Engineering Department for review. Compliance with this rrutigatron will be insured by the Engineering Department prior to issuance of grading permits for the site. 6. The project storm drain system .shall conform to the criteria established by SCWA and the City of Petaluma., The storm drain shall be sized to accommodate runoff from existing homes to the north of the site. The discharge point shall be designed so as not to obstruct flow in the River or the Creek. Permit Description of Monitoring Method: Preceded: IMP/FM a. The storm drain system shall be included with the Improvement Plans which are reviewed and approved by the City Engineering Department prior to approval of the Final Map to insure compliance with this mitigation. A letter from the Sonoma County Water Agency stating that all Improvements conform to the criteria of the Sonoma County Water Agency, must accompany the application for Final Map. The applicant shall bond for all public improvements prior to approval of the Final Map. FA b. The storm drain improvements shall be inspected for compliance with City Standards by the Public Works Department before improvements are accepted and the Public Improvement Bond released. 7. The storm drain run-off from the site shall be retained in a detention system as depicted on the Tentative Map subject to approval by the City Engineering Department until completion of the Army Corps of Engineers flood control project for the Payran Reach. Permit Description of Monitoring Method: Preceded: . IMP/FM a. The storm drain detention system shall be included with the Improvement Plans which shall be reviewed. and approved by the City Engineering Department prior to approval of the Final Mai. The applicant shall also establish a mechanism for maintaining the detention basin until completion of the .Army Corps of Engineers flood control project for the Payran Reach. The maintenance mechanism shall be submitted to the Engineering Department and is subject _. to approval by Engineering Department prior to approval of the Final Map. 'The applicant shall bond for all public improvements including the detention basin prior to approval of the Final Map. ~E~®. ~ ~ ®9 s N C 4 FA b. The storm drain detention system shall be checked for compliance with.. the Improvement Plans by the P~nblic Vi'orks Department before improvements are accepted and the Public Improvement Bond released. 8. The applicant shall attempt to reduce the amount of runoff from paved areas to help reduce the off-site transport of urban pollutants. Permit Description of Monitoring Method: Preceded: IMP/FM a. The runoff from laved areas shall be mitigated through the installation of sediment, oil and grease traps. This system may be designed to function. as a part of the required detention basin, but must also be sustained beyond the development of Phase 3 of the project which would replace the detention basin with homes. b. The final improvement plans demonstrating compliance with the above mitigation shall be submitted to the Engineering Department. These plans shall be reviewed and approved by the Planning and Engineering Departments prior to Final Map approval. 9. Erosion control shall be provided in conformance with the City's erosion control standards. Permit Description of Monitoring Method: Preceded: IMP/FM a. An erosion control plan including the timing of work proposed shall be included with the Improvement, Plans and shall be subject to approval by -the Engineering Department to determine compliance with Municipal Code Title 17 Building and Construction Chapter 17.31 Grading and Erosion Control. CONST b. The site shall be inspected by the City Public. Works Department to insure that erosion control measures are in place when needed throughout construction. 10. Lots 1 through 4 adjacent to Lynch Creek and the Petaluma River may interfere with the .Army Corps.project and development of these lots shall be deferred until the completion of the Army Corps flood control project for the Payran Reach as proposed by the applicant. The applicant shall delay filing the Final Map for this area until finalization of the Army Corps plans. Permit Description of Monitoring Method: Preceded: FM The final map application for this area will not be accepted by the Planning and Engineering Departments until completion of the Arrny Corps of Engineers project for the Payran Reach. RCS®. y ~ ®9 6 N ~ S s 11. The applicant shall post a sign visible from. the public right-o£ way and shall give written notice to all prospective homebuyers (until the area is developed or converted to a mitigation area for the Army Corps project) that the area in the vicinity of Lots 1-4 maybe developed with up to four homes. Permit Description of Monitoring Method: Preceded: BP a. The applicant must apply to the Building and Planning Department for a sign_permit to locate the required public notice. The sign permit shall be approved by the Planning Department prior to request for Certificate of Occupancy of the first home (except for the models). CO. b. The applicant shall submit the written notice for review by Planning Staff and the sign shall be installed prior to issuance of the Certificate of Occupancy for the first home (except for the models). 12. The improvement plans for the bridge crossing shall be designed to the satisfaction of the Sonoma County Water Agency. Permit Description of Monitoring Method: Preceded: IMP/FM a. The plans for the bridge shall be included with the Improvement Plans which are reviewed and approved by the City Engineering Department prior to approval of the Final Map to insure compliance with this mitigation. A letter from the Sonoma County Water Agency stating that all Improvements, including the bridge, conform to the criteria of the Sonoma County Water Agency, shall accompany the application for Final Map. The applicant shall bond for all public improvements, including the badge prior to approval of the Final- Map. The Engineering Department may need to hire a Consulting Engineer to review to specifications of the bridge. If necessary the contract price for a Consulting Engineer shall be included in the bonding costs. FA b. The bridge shall be inspected for compliance with the approved plans by the Public ~'Vorks Department and the Engineering Department before improvements are accepted and the Public Improvement Bond released. If deemed necessary by the .Engineering .Department the Consulting Engineer shall review the bridge for compliance with the approved plans. 13. Excavation at the project site shall be of a volume no less than that analyzed in . applicant's hydraulic study; location of excavation should be no further away from aver than that analyzed in the hydraulic study. This will comply with. the City's Ordinance requiring "zero-net-fill and a minimum 2-foot freeboard." Any alterations may be subject to further hydraulic study. Permit Description of Monitoring Method: Preceded: 6 IMP/FM a. The excavation proposed on the site demonstrating compliance with the above mitigation. shall be demonstrated on the grading plans included with the Improvement Plans which: are reviewed and approved by the City Engineering Department prior to approval of the Final Map to insure compliance with this mitigation. If a different volume of excavation is proposed on the improvement plans or in a different location, the applicant shall submit a new hydraulic study with the improvement plans for review by the City Engineering Department. GP b. Grading Permit ,applications demonstrating compliance with the improvement pplans are submitted to the Building Division and. reviewed by the Cite Engineering Department. Compliance with this mitigation shall be insured by the Engineering Department prior to issuance of grading permits for the site. 14. The applicant shall be required to maintain "zero-net-fill" throughout the construction process on areas of the site within the floodplain. Permit Description of Monitoring Method: Preceded: CONST The site shall be inspected throughout construction by the City's Public Works Department to determine that zero-net-fill is maintained. The applicant proposes that all dirt excavated from the site will be used on-site as fill. This will insure compliance with this requirement. If the Public Works Inspector determines that zero net fill is not being maintained, all work on the site must be stopped except for work on necessary to bring the site back into compliance with the zero net fill requirement. 15. In keeping with SCWA policy, the slope of the north bank of Washington. Creek shall be hydro-seeded with a mixture of annual grasses. Permit . Description of Monitoring Method: Preceded: IMP/FM a. .The Hyroseeding shall be shown on the Landscaping plans in the improvement plans which shall be reviewed and approved by the Planning Department prior to approval of the Final Map. CONST b. The bank shall be hydroseed after grading but prior to the onset of the rainy season (October) subject to approval by the Planning Department. CO c. The hydroseedin~ shall be installed subject to review by Planning Staff pnor to the issuance of any CO's (including the models). Plant Life 16. The landscape plan shall provide an average 20-foot landscaped buffer along Washington Creek. At no point shall the buffer be less than 15 feet. ~~s®o 9 3 m 9 s A C S Permit Description of Monitoring Method: Preceded: SPARC a. The landscaping plans shall be submitted to the Planning Department for review by SPAIPC prior to Final Map approval to determine compliance with this mitigation. IMPiFM b. The final landscaping plans demonstrating compliance with the above mitigation shall be included with the improvement plans submitted to the Engineering Department. These landscaping plans shall be reviewed and approved by the Planning Department prior to Final Map approval. CO c. All landscaping improvements will be subject to approval by Planning Staff pnor to the issuance of a Certificate of Occupancy for the first unit. If the applicant is not able to install certain parts of the landscaping because of conflicts with the Army Corps project, the applicant shall submit a certificate of deposit for these improvements which shall be installed after completion of the Army Corps of Engineers Plans either by the City or the Army Corps. If the applicant is .not able to install certain portions (outside of the ,Army Corps project area) because of weather concerns, the applicant shall bond for these improvements until weather permits the installation of the landscaping Noise 17. Construction operations shall be limited between 5:00 pm and 8:00 am and on weekends (quiet, non-mechanical operations only after S:OOpm and before 8:OOam). Permit Description of Monitoring Method: Preceded: ` CONST Because the city offices are closed during the hours noise is to be limited, .compliance with this mitigation will be monitored on a complaint basis through the Planning Department. Situations requiring an immediate response during non-business hours will be dealt with by the Police Department with follow-up on any complaints by the Planning Department. 18. All construction and grading equipment shall be properly muffled. 19. The developer shall piovide temporary shielding between the noise source and the receiver. 20. The developer shall reduce the level of backup beepers on heavy equipment. Permit Description of Monitoring Method: Preceded: CONST The above .mitigations shall be monitored throughout construction by the Planning Department and between inspections on a complaint basis. ESQ. 9 3 ®9 6 N ~ 8 Shielding between noise sources and the receiver. must be installed, subject to inspection by Planning Department staff prior to the commencement of grading. Land Use conflicts 21. A minimum setback of 25' shall be maintained in the rear yards of the homes along Wilmington Drive where feasible without eliminating driveway parking along Twin Creeks. Circle. The Planned Unit Development guidelines shall be amended to include regulations governing the height and location of detached accessory structures in these yards. 22. The Tentative Map and Planned Unit Development Plan shall be amended to place the single story units on the shallow Lots 25 and 27. The proposed Model 3 on the remaining shallow Lot 26 shall be replaced with the shallower model 2 to provide a rear yard setback of at least 24.5 feet. Permit Description of Monitoring Method: Preceded: SPARC a. The Planned Unit Development Plan including the Tentative Map, which shows the building setbacks, .and the written Planned Umt Development standards shall be reviewed and approved. by SPAItC to determuie compliance with the above mitigations. Applications to SPARC shall. be submitted to the Planning Department for review prior submittal of the Final Map Application. BP b. Building permit applications shall be reviewed by the Planning Department for review to determine compliance with the approved Planned Unit Development Plan, which demonstrates compliance with the above mitigations prior to issuance of building perrruts for the individual homes. Mousing 23. The applicant shall be required to pay low and moderate income housing in-lieu fees of an amount .to be determined according to the schedule established by City __ Council Resolution No. 84-199 N.C.S., or make alternative arrangements to meet low and' moderate income housing provision requirements of the Petaluma General Plan. Permit Description of Monitoring .Method: Preceded: FM a. The applicant shall sign a standard agreement form which establishes the terms of payment of in-lieu housing fees at the time of Final Map submittal. The agreement shall be recorded with the Final Map. ESCROW b. The standard agreement specifies that in-lieu contributions must be paid at the time escrow is closed on the sale of each lot or residential unit. The title company responsible for handling the escrow is responsible for making sure that the in-lieu fees are paid. If fees are ~~®~ 9 3 ®9 6 N C~ 9 not paid the Planning Department' is responsible for following up with the title company. 1~affic 24. The applicant shall provide a stop sign at the new Ellis Street approach to Ellis/Madison intersection. Permit Description of Monitoring Method: Preceded: IMP/FM a. The required stop sign shall be shown on the off-site Improvement Plans submitted with the Final Map application and subject to review and approval of 1Yaffic Engineering staff to determine compliance with City standards for traffic signs, prior to Final Map approval. The cost of all off-site improvements, including the stop sign will be included in the public Improvement bond submitted to. the Engineering Department prior to Final Map approval. FA b. The installed stop sign shall be inspected by the Public Works Inspector to determine compliance with Improvement Plans. The bond for public Improvements will be released by the Engineering Department when Improvements have been inspected and accepted by the City Public Works Department. 25. The final Landscaping Plan shall be designed to avoid landscaping which could block motorists. line-of-site when entering Holly Lane. Permit Description of Monitoring Method: Preceded: SPARC a. The Planned Unit Development Plan, which includes the Landscaping Plan is subject to review and approval by $PAItC. Applications to SPARC must be submitted to the .Planning Department for review prior submittal of the Final Map Application. The Planning Department will route the Mans to the City Traffic Engineer to review the plans for compliance with this mitigation. IMP/FM b., The Improvement Plans, which include landscaping plans, shall be submitted to the Engineering Department and shall be subject to review by the Planning Department to determine compliance with the SPARC approved landscaping plan prior to approval of the Final Map. FA b. The landscaping improvements shall be subject to inspection by the City 'I4~affic Engineer to determine successful compliance with the above mitigation. If the line-of-site becomes a problem in the future, the .LAD or the private property owner (if the landscaping is on private property) will be required to prune the landscaping to a height acceptable to the City Traffic Engineer. 26. 'The applicant shall be responsible for installation of warning signs consistent with State of California Department of Transportation Guidelines for school area pedestrian safety prior to the issuance of building permits for the new homes. ~E~®. 9 3- 9 s N C S 10 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Appropriate signing includes a fixed (non-flashing) yellow warning pedestrian sign and school sign located mid-block adjacent to McKinnley Elementary School on Ellis and Madison Streets. Permit Description of Monitoring Method: Preceded: IMP/FM a. The .required signs shall be shown on the off-site Improvement Plans submitted with the Final Map application and subject to review and approval of 1~afFic Engineering staff to determine compliance with City standards for traffic signs, prior to Final Map approval. The cost of all off-site improvements, including the school signs will be included in the public Improvement bond submitted to the .Engineering Department prior to Final Map approval. FA b. The installed school sign will be inspected by the Public Works inspector to determine compliance with approved Improvement Plans prior to acceptance of the public improvements. The bond for public Improvements will not be released by the Engineering Department until Improvements included in the bond .have been inspected and accepted by the City Public Works Department: 27. The applicant shall contact McKinnley School and assist the school in establishing a crossing guard program .for the school in the vicinity of Madison and Ellis Streets subject to approval by the Administrators of the Petaluma School District. The applicant shall offer or provide up-front program funding to the School District for a minimum of 5 years. FM/CO a. The applicant shall submit record of communication with McKinnley School, including any responses from McKinnley School, to the Planning Department prior to approval of the Final Map which demonstrates an effort to set up the above referenced program. The program shall be operating, if the school is willing, before a majority of the units are occupied. 28. The applicant shall install a fence along the property lines of those three parcels along the new portion of Ellis Street subject to approval of the individual- property owners. Permit Description of Monitoring Method: Preceded: SPARC a. The Planned Unit Development Plan which shall include a fencing plan, will be subject to review and .approval by SPAIZC. Applications to SPARC must be submitted to the Planning Department for review prior submittal of the Final Map Application. Notice of the application will be sent to the adjacent property owners once received, however the applicant should contact these property owners prior to submittal for SPARC to incorporate their concerns and desires into the fencing, plans. DES®o ;~ ~ ®y b R~ C ~ 11 FA b. The Improvements will be subject to inspection by Planning Staff and the Publics Works. Inspector to determine successful compliance with the above mitigation. 29. The applicant shall install curb cuts and driveway aprons for those owners who will lose existing driveways as shown on the proposed plans, subject to approval by the individual property owners. Permit Description of Monitoring Method: Preceded: IMP/FM The required Curb cuts and driveway aprons shall be shown on the off-site Improvement Plans submitted with the Final Ma application and subject to review and approval of 1`raffac Engineering, staff to determine compliance with City standards, prior to Final Map approval. The cost of all off-site improvements, including will be included in the public improvement bond submitted to the Engineering Department prior to Final Map.approval. FA The installed school sign shall be inspected by the Public Works Inspector to determine compliance with approved Improvement Plans prior to acceptance of the public improvements. The bond for public improvements will not be released by the Engineering Department until improvements included in the bond have been inspected and accepted by the City Public Works Department. Public Services 30. The developer shall be responsible to pay school impact fees to fund necessary capital improvements. Permit Description of Monitoring Method: Preceded: BP School impact fees shall be submitted to the individual school district (Petaluma School District Donna Pozzi 778-4639) prior to issuance of a building permit. The applicant shall submit proof of payment with their building permit application. Planning Department staff shall confirm that the fees. have been paid before building permits are applied for. iTtilities 31. The developer shall provide information to the residents about recycling services in the project area and suggest that residents recycle glass, metal, paper, cardboard and other materials to the maximum extent possible. Permit Description of Monitoring Method: Preceded: CO The applicant shall submit a sample of the information to be provided to each resident to the Planning Department for review and approval prior to approval of the first Certificate of Occupancy. The Planning Department. will inquire on a random basis whether or not an individual property owner has received the notice until all units are sold. ~,~~®a~~ ®9s NC 12 32. Insulation and other products made of recycled products shall be considered for use in construction of the subdivision. ,Design of residential units shall consider the inclusion of recycle storage areas. Permit Description of Monitoring Method: Preceded: SPARC a. The Planned Unit Development Plan shall include proposed building materials, will be subject to review and approval by SPARC to determine compliance with the above mitigation. Applications to SPARC must be submitted to the Planning Department for review prior submittal of the Final Map Application. BP b. The building permit plans will be reviewed by the Planning Department for compliance with the approved plans and any condition of SPARC. 33. The developer shall suggest to residents, through the distribution of literature or some other method, that they use recycled materials to the extent possible. CO This mitigation will be ensured through the implementation of condition #31 Recreation Permit Description of Monitoring Method: Preceded: 34. The project will be subject to Park and Recreation Land Improvement Fees. BP The Park and Recreation fees shall be submitted to the Planning Department prior to issuance of any building permits. Archeology 34. An architectural historian shall be retained to assess the historic value of the structures on the site, particularly to turn of the century Buchanan home prior to approval of the Final Map. If it is found that the houses are of historic value, they shall not be demolished and either retained on the site or moved to another site. If the home is moved to Lot 1 it shall not be occupied until the Army Corps of Engineers project has been completed. If the Army Corps plan regwires that proposed. Lot 1 remain undeveloped for mitigation requirements, the applicant shall move the home to an alternate site within the development subject to approval by City Staff. Permit Description of Monitoring Method: Preceded: FM The applicant shall submit an evaluation of the structures by an archaeological historian to determine its historic value prior to submittal of the Final Map application. The improvement plans will be reviewed by the Planning Department for compliance with the recommendations of the historian and the above conditions of approval ~~09~ 0 96 NCS 13 35. In the event that archaeological remains are encountered during grading, work shall be halted temporarily and a qualified archaeologist. shall be consulted'.for evaluation of the artifacts and to recommend future action. The local Indian community shall also be notified and consulted in the event any archaeological remains are uncovered. Permit Description of Monitoring Method: Preceded: IMP/FM a. A note reflecting the above must be placed on the improvement plans which will be reviewed by Planning Staff prior to Final Map approval. CONST b. Insuring compliance with this requirement will be the responsibility of the contractor. The Building Inspection Division and the Planning Departanent are ultimately responsible for insuring compliance with this mitigation and will check the site on a routine basis throughout the construction process. twin3mmr/dd7 ~®~ ~~ m 9 6 N C ~- 14 Twin`,Creelcs Mitigation Monitoring Checksheet 1 MM# Description 'Responsible Permit Date Monitoring Date Comment.... `Party ', Preceded Complete Agency ', Checked EARTH IMP/FM/ 1 Seismic design applicant GP/BP EN/BD IMP/FM/ 2 Slope instability applicant GP EN 3 Expansive soils applicant IMP/FM EN 4 Limits on grading season applicant IMP/FM/CONST EN/PW WATER 5 No net fill applicant IMP/FM/GP EN 6 Storm drain system applicant IMP/FM/FA EN/SCWA 7 Detention pond applicant IMP/FM/FA/GP EN/PW 8 Run-off applicant SPARC/IMP PD/EN 9 Erosion control applicant/ contractor IMP/FM/CONST EN/PW 10 Delay of Final Map applicant/ for Lots 1-4 contractor FM PD/EN 11 Future development applicant/ sign contractor BP/CO PD G~ Twin. Creeks Mitigation Monitoring Checksheet ~ >MM# Description 'Responsible Permit Date Monitoring Date Comment 'Party Preceded ;, Complete Agency Checked applicant/ 12 Bridge construction contractor IMP/F'M/FA SCWA/EN/PW applicant/ 13 Hydraulic.study contractor IMP/F'M/GP EN 14 No net fill through applicant/ construction contractor CONST EN/PW 15 Hydroseed Washington Creek bank applicant IMP/CO PD PLANTS 16 Washington Creek applicant SPARC/IMP/FM/CO SPARC/PD NOISE 17 Time limits for applicant/ construction operations contractor CONST PD/POL 18 Construction equipment applicant/ contractor CONST PD 19 Noise shield applicant/ contractor BP/CONST PD 20 Back-up beepers applicant/ contractor CONST. PD .LAND USE 21 Wilmington Drive setback applicant SPARC/BP SPARC/PD Twin'Creeks Mitigation Monitoring Checksheet 3 MM# Description' Responsible Permit Date' Monitoring Date Comment Party ' Preceded 'Complete Agency Checked ,~ 22 Model changes applicant SPARC/BP SPARC/PD HOUSING 23 In-lieu fees applicant/ Title Company CO PD TRANSPORTATION 24 Ellis St. stop sign applicant IMP/FM/CO TE/PN 25 Line of site over landscaping applicant SPARC/IMP/CO/FA SPARC/PD/TE 26 Yellow warning school sign applicant IMP/FM/FA TE/EN/PW 27 Crossing guard applicant FM/CO PD 28 Property line fence applicant IMP/FA/CO PD 29 Curb cuts for existing homes applicant IMP/FM/FA TE/EN SCHOOL School Dist/ 30 School impact fees applicant BP PD SOLID WASTE 31 Recycling information applicant CO PD 32 Recycled:building materials applicant SPARC/BP SPARC/PD e 6~1 Twin'Creeks Mitigation Monitoring Checksheet ~ 4 MM# Description ' Responsible Permit '' Date '' Monitoring Date Comment Party '' Preceded Complete Agency '' Checked 33 Park & Recreation Recycling information applicant CO PD 34 Park & Recreation fees applicant BP PD 35 Buchanan home applicant FM PD 36 Archaeological remains applicant/contr. IMP/FM/CONST PD , LEGEND Agency Dep artment PR Parks & Recreation Dept. PD Planning Dept. EN En~ineerin~ Dept. BD Building Div. TE Traffic Engineering PW Public Works FM Fire Marshal CM City Manager Corps U.S. Army Corps '` ~ F&G Dept. of Fish and Game SCWA So. Co. Water Agency SPARC Site Plan and Architectural Review Committee POL Police Department Permit Preceded CONST During Construction GP Grading Permit BP Building Permit CO Certificate of Occupancy SPARC SPARC approval FA Final Acceptance of Improvement IMP Improvement Plan Approval FM Final Map Approval C~ e c91 dd/plan43