HomeMy WebLinkAboutPlanning Commission Resolution 2023-05 05/09/2023Planning Commission Resolution No. 2023-05 Page 1
RESOLUTION 2023-05
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR
THE OYSTER COVE MIXED USE PROJECT LOCATED AT
100 EAST D STREET, 0 EAST D STREET, AND 0 COPELAND STREET; ASSESSOR
PARCEL NUMBERS: 007-700-006, 007-700-003, AND 007-700-005; FILE NO.
PLGP-2022-0003, PLZA-2022-0004, and PLSM-2022-0002
WHEREAS, Joseph Scott Ward of Oyster Cove, LLC, on behalf of the property owner Lind
Family Trust, submitted a General Plan Map Amendment application to change the land use
designation of an approximately 1.86-acre portion of the 3.86-acre parcel addressed as 100 E D
Street (Assessor Parcel Number 007-700-006) from River Dependent Industrial (RDI) to Mixed Use, a
Zoning Map Amendment application to change the SmartCode Regulating Plan zoning on that
same portion of the 3.86-acre parcel from River Dependent Industrial (D3) to Urban Center (T5),
and a Tentative Subdivision Map for Condominium Purposes (TSM) application and associated
SmartCode warrant requests, for the Oyster Cove Mixed Use Neighborhood project; and
WHEREAS, the Oyster Cove Mixed Use Neighborhood project proposes to subdivide the
three-parcel, 6.13-acre project site comprised of parcels located at 100 East D Street, 0 East D
Street, and 0 Copeland Street (APNs 007-700-006, -003, and -005) (the “Project”) into 22 lots with
132 airspace condominiums and approximately 9,000 SF of commercial space; and
WHEREAS, the discretionary Planning entitlement Site Plan and Architectural Review is
required prior to the project commencing construction, and application for this required
entitlement will be submitted subsequent to City Council adoption of the requested General Plan
and Zoning Map Amendments and approval of the Tentative Subdivision Map application and
associated SmartCode warrant requests; and
WHEREAS, the Project is subject to the Petaluma General Plan 2025, adopted by the City
on May 19, 2008; and
WHEREAS, the Project is subject to the Central Petaluma Specific Plan (CPSP), adopted by
the City in June 2003; and
WHEREAS, the Project is subject to the Petaluma SMART Rail Station Areas: TOD Master Plan,
adopted by the City on June 17, 2013; and
WHEREAS, a portion of the Project site is identified in the 2015-2023 Housing Element as
Opportunity Site #32, capable of supporting up to 56 housing units; however, the MU designation
within the Central Petaluma Specific Plan area anticipated residential densities up to 60 dwelling
units per acre, though there are no established densities within the CPSP, rather density is
regulated through building form, mass, and height pursuant to the SmartCode; and
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Planning Commission Resolution No. 2023-05 Page 2
WHEREAS, the Project site is identified in the 2023-2031 Housing Element as capable of
providing up to 132 housing units and identifies potential constraints, including access easement;
and
WHEREAS, in evaluating the potential environmental effects of the Project within the Initial
Study, including but not limited to effects on Air Quality, Biological Resources, Cultural Resources,
Geology/Soils, Hazards, Hydrology, Noise, and Tribal Cultural Resources, the City tiered off of the
program Environmental Impact Report (EIR) for the City of Petaluma General Plan 2025, certified
on April 7, 2008 (General Plan EIR) by the adoption of Resolution No. 2008-058 N.C.S., and the
program EIR for the CPSP, certified June 2003 by the adoption of Resolution No. 2003-104 N.C.S.
which are incorporated herein by reference; and
WHEREAS, the General Plan EIR identified potentially significant environmental impacts
and related mitigation measures, and the City also adopted a Statement of Overriding
Considerations for significant impacts that could not be avoided; and
WHEREAS, the CPSP EIR identified potentially significant environmental impacts and related
mitigation measures, and the City also adopted a Statement of Overriding Considerations for
significant impacts that could not be avoided; and
WHEREAS, the City prepared an Initial Study for the Project consistent with California
Environmental Quality Act (CEQA) Guidelines §15162 and §15163 and determined that a
Mitigated Negative Declaration (MND) was required in order to analyze the potential for new or
additional significant environmental impacts of the Project beyond those identified in the General
Plan EIR and CPSP EIR; and,
WHEREAS, on or before April 7, 2023, the City published the Notice of Availability of an Initial
Study/MND on the City Project webpage, in the Petaluma Argus, filed the NOA with the Sonoma
County Clerk, posted the NOA to CEQAnet, and mailed the NOA to all residents and property
owners within 1,000 feet of the Project providing for a 30-day public comment period
commencing April 7, 2023, and ending May 8, 2023; and
WHEREAS, on April 28, 2023, the City’s Notice of Public Hearing to be held on May 9, 2023,
before the City of Petaluma Planning Commission, was published and mailed to all residents and
property owners within 1,000 feet of the Project as well as persons having requested special notice
of said proceedings; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 9, 2023, at
which time all interested parties had the opportunity to be heard; and
WHEREAS, the Planning Commission considered the Project, the MND, the supporting Initial
Study, the staff report dated May 4, 2023, analyzing the Project and the MND, and received and
considered all written and oral public comments on environmental effects of the Project which
were submitted up to and at the time of the public hearings; and
WHEREAS, the MND reflects the City’s independent judgment and analysis of the potential
for environmental impacts from the Project; and
WHEREAS, the MND, Initial Study, and related project and environmental documents,
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Planning Commission Resolution No. 2023-05 Page 3
including the General Plan 2025 EIR, CPSP EIR, and all documents incorporated herein by
reference, are available for review in the City Community Development Department at Petaluma
City Hall, during normal business hours. The custodian of the documents and other materials which
constitute the record of proceedings for the Project is the City of Petaluma Community
Development Department, 11 English Street, Petaluma, CA 94952, Attention: Andrew Trippel; and
WHEREAS, while the Initial Study/MND for the Project identified potentially significant
impacts, all significant impacts are mitigated to a less than significant level, and therefore the
Project would not result in any significant impacts to the environment; and
WHEREAS, the Planning Commission considered the Project, the MND, the supporting Initial
Study, the staff report, and received and considered all written and oral public comments on
environmental effects of the Project which were submitted up to and at the time of the public
hearings.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PETALUMA
AS FOLLOWS:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Based on its review of the entire record herein, the Planning Commission recommends that the City
Council make the following findings:
a. An Initial Study/MND has been prepared, and proper notice provided in accordance with
CEQA and local Guidelines.
b. Based on its review of the entire record herein, including the MND, the Initial Study, all
supporting, referenced, and incorporated documents, and all comments received, the
Planning Commission finds that there is no substantial evidence that the Project as mitigated
will have a significant effect on the environment, and hereby recommends that the City
Council adopt the MND for the Project, including the Mitigation Monitoring and Reporting
Program attached hereto as Exhibit 1.
c. The Project does have the potential to affect wildlife resources as defined in the Fish and
Game code, either individually or cumulatively; However, with mitigation, these potential
environmental impacts would be reduced to a less than significant level and is not exempt
from Fish and Wildlife filing fees.
d. The Planning Commission reviewed the Initial Study/MND and considered the comments
before making a recommendation on the Project. Pursuant to the analysis in the Initial
Study/MND, the Project does not make a cumulatively considerable contribution to the
significant and unavoidable cumulative traffic or noise impacts identified in the General
Plan 2025 EIR.
e. The Project is located on a site listed on a Hazardous Waste Site List compiled by the State
pursuant to Section 65962.5 of the Government Code; with mitigation, any potential
environmental impact would be reduced to a less than significant level.
f. Pursuant to the analysis in the Initial Study, MND, the Project does not make a cumulatively
considerable contribution to the significant and unavoidable cumulative impacts identified
in the General Plan 2025 EIR.
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Planning Commission Resolution No. 2023-05 Page 4
ADOPTED this 9th day of May 2023, by the following vote:
Commission Member Aye No Absent Recuse
Councilmember Cader Thompson X
Chair Bauer X
Vice Chair Hooper X
McErlane X
Potter X
Racusen X
Whisman X
___________________________________
Heidi Bauer, Chair
ATTEST: APPROVED AS TO FORM:
________________________________________ _________________________________________
Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney
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Exhibit 1
City of Petaluma, California
Community Development Department
Planning Division
11 English Street, Petaluma, CA 94952
Project Name: Oyster Cove Mixed Use Neighborhood
File Number: PLPJ-2022-0005
Address/Location: 100 and 310 East D Street and 0 Copeland Street, City of Petaluma, California
(APNs 007-700-003, -006, and -005)
MITIGATION MONITORING AND REPORTING PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) has been prepared in conformance with Section
21081.6 of the California Environmental Quality Act (CEQA) and Section 15097 of the CEQA Guidelines. This
document has been developed to ensure implementation of mitigation measures and proper and adequate
monitoring/reporting of such implementation. CEQA requires that this MMRP be adopted in conjunction with
project approval, which relies upon a Mitigated Negative Declaration.
The purpose of this MMRP is to: (1) document implementation of required mitigation; (2) identify
monitoring/reporting responsibility, be it the lead agency (City of Petaluma), other agency (responsible or
trustee agency), or a private entity (applicant, contractor, or project manager); (3) establish the frequency and
duration of monitoring/reporting; (4) provide a record of the monitoring/reporting; and (5) ensure compliance.
The following table lists each of the mitigation measures adopted by the City in conjunction with project
approval, the implementation action, timeframe to which the measure applies, the monitoring/reporting
responsibility, reporting requirements, and the status of compliance with the mitigation measure.
Implementation
The responsibilities of implementation include review and approval by City staff including the Engineering,
Planning, and Building divisions. Responsibilities include the following:
1. The applicant shall obtain all required surveys and studies and provide a copy to the City prior to issuance
of grading permits or approvals of improvements plans.
2. The applicant shall incorporate all applicable code provisions and required mitigation measures and
conditions into the design and improvement plans and specifications for the project.
3. The applicant shall notify all employees, contractors, subcontractor, and agents involved in the project
implementation of mitigation measures and conditions applicable to the project and shall ensure
compliance with such measures and conditions.
4. The applicant shall provide for the cost of monitoring of any condition or mitigation measure that involves
on-going operations on the site or long-range improvements.
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5. The applicant shall designate a project manager with authority to implement all mitigation measures and
conditions of approval and provide name, address, and phone numbers to the City prior to issuance of any
grading permits and signed by the contractor responsible for construction.
6. Mitigation measures required during construction shall be listed as conditions on the building or grading
permits and signed by the contractor responsible for construction.
7. All mitigation measures shall be incorporated as conditions of project approval.
8. The applicant shall arrange a pre-construction conference with the construction contractor, City staff and
responsible agencies to review the mitigation measures and conditions of approval prior to the issuance
of grading and building permits.
Monitoring and Reporting
The responsibilities of monitoring and reporting include the engineering, planning, and building divisions, as
well as the fire department. Responsibilities include the following:
1. The Building, Planning, and Engineering Divisions and Fire Department shall review the improvement and
construction plans for conformance with the approved project description and all applicable codes,
conditions, mitigation measures, and permit requirements prior to approval of a site design review,
improvement plans, grading plans, or building permits.
2. The Planning Division shall ensure that the applicant has obtained applicable required permits from all
responsible agencies and that the plans and specifications conform to the permit requirements prior to
the issuance of grading or building permits.
3. Prior to acceptance of improvements or issuance of a Certificate of Occupancy, all improvements shall be
subject to inspection by City staff for compliance with the project description, permit conditions, and
approved development or improvement plans.
4. City inspectors shall ensure that construction activities occur in a manner that is consistent with the
approved plans and conditions of approval.
MMRP Checklist
The following table lists each of the mitigation measures adopted by the City in connection with project
approval, the timeframe to which the measure applies, the person/agency/permit responsible for implementing
the measure, and the status of compliance with the mitigation measure.
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Oyster Cove - City of Petaluma Mitigation Monitoring and Reporting Program
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OYSTER COVE MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE
PARTY
COMPLETION OF
IMPLEMENTATION
ACTIVITY DATE
COMPLETED
AIR QUALITY
AQ-1: The applicant shall incorporate the Best Management Practices (BMPs)
for construction into the construction and improvement plans and
clearly indicate these provisions in the specifications. In addition, an
erosion control program shall be prepared and submitted to the City
of Petaluma prior to any construction activity. BMPs shall include but
not be limited to the BAAQMD Basic Construction Mitigation Measures
as modified below:
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) shall be watered two
times per day.
2. All haul trucks transporting soil, sand, or other loose material shall
be covered.
3. All visible mud or dirt track-out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once
per day. The use of dry power sweeping is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 mph.
5. All roadways, driveways, and sidewalks to be paved shall be
completed as soon as possible. Building pads shall be laid as soon
as possible after grading unless seeding or soil binders are used.
6. Idling times shall be minimized either by shutting equipment off
when not in use or reducing the maximum idling time to five
minutes (as required by the California airborne toxics control
measure Title 13, Section 2485 of California Code of Regulations
[CCR]). Clear signage shall be provided for construction workers at
all access points.
Measures shall be
included in project
design and
construction
documents.
Periodic inspections
during construction
to ensure that
measures are in
place.
Applicant
Planning
Division
Building
Division
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Oyster Cove - City of Petaluma Mitigation Monitoring and Reporting Program
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OYSTER COVE MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE
PARTY
COMPLETION OF
IMPLEMENTATION
ACTIVITY DATE
COMPLETED
7. All construction equipment shall be maintained and properly
tuned in accordance with manufacturer’s specifications. All
equipment shall be checked by a certified mechanic and
determined to be running in proper working condition prior to
operation.
8. A publicly visible sign shall be posted with the telephone number
and person to contact at the Lead Agency regarding dust
complaints. This person shall respond and take corrective action
within 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.
BIOLOGICAL RESOURCES
BIO-1: Prior to issuance of grading permit, the project applicant shall provide
documentation to the City of Petaluma that the required permits for
installation of culvert outfalls from regulatory agencies have been
obtained. The permit authorization process shall include, if needed
and at the discretion of the regulatory agencies involved, consultation
with National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife
Service (USFWS), and/or California Department of Fish and Wildlife
(CDFW) to determine if avoidance, minimization, and mitigation
measures beyond those described below are necessary. At a minimum,
the following measures shall be implemented:
Project work shall be conducted, as much as practicable, during
the dry season (May through October) to reduce runoff. If rainfall
is in the forecast predicted to be greater than one-half inch over a
24-hour period, standard erosion control measures (e.g., straw
waddles, bales, silt fencing) shall be deployed and grading shall be
suspended.
Erosion control measures shall be utilized throughout all phases of
the project where sediment runoff from construction may
Measures shall be
included in project
design and
construction
documents.
Inspection by a
qualified biologist
shall be conducted
prior to
commencement of
earthwork activities
and verified
periodically.
Qualified biologist
shall conduct
training.
Contractor shall
maintain records to
Applicant
Planning
Division
Qualified
Biologist
NMFS
USFWS
CDFW
CORPS
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OYSTER COVE MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE
PARTY
COMPLETION OF
IMPLEMENTATION
ACTIVITY DATE
COMPLETED
potentially enter waters. Erosion control structures shall be
monitored for effectiveness and will be repaired or replaced as
needed. Appropriate erosion control measures shall be installed
around any stockpiles of soil or other materials which could be
mobilized by rainfall or runoff. Erosion control structures shall not
include plastic monofilament or other components that may
entrap wildlife. Following completion of ground disturbance, silt
wattles or other erosion control methods shall be installed along
the stream bank, above the mean high tide water level. Silt wattles
shall be made of jute and not plastic.
All equipment shall be staged above the top of bank and spill kits
shall be located within working equipment. Equipment fuels and
lubricants shall be prevented from reaching the river by locating
fueling/maintenance areas an appropriate distance away from the
river or drainage ways to the river and construction contractors
shall have a spill prevention kit and plan on location.
Uncured concrete shall not be exposed to water flowing to the
river or within the river itself and all excess uncured concrete shall
be properly disposed of at an offsite location.
Areas of vegetation removal shall be limited to the smallest area
feasible. Any areas of bare ground shall be re-seeded immediately
following completion of all ground disturbance work. Additional
erosion control measures (jute, hay) as feasible will be installed
prior to rainy season. Areas of exposed stream bank above the
mean high water shall be planted with native species appropriate
for area and habitat.
An environmental awareness training program shall be given to all
crew members working on the outfall replacement part of the
project. The training will be given by a qualified biologist and shall
include education on sensitive resources such as protected fish
document
compliance.
Applicant shall
obtain and provide
to the City all
regulatory approval.
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Oyster Cove - City of Petaluma Mitigation Monitoring and Reporting Program
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OYSTER COVE MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE
PARTY
COMPLETION OF
IMPLEMENTATION
ACTIVITY DATE
COMPLETED
and wildlife with the potential to occur within the Study Area,
water quality, and environmental protection measures.
Equipment shall be thoroughly cleaned prior to being moved
onsite and prior to being removed such that it will not pose a
potential to introduce or spread invasive plant or animal species.
Prior to construction, an Accidental Spill Prevention and Cleanup
Plan shall be prepared. This plan shall include required spill control
absorbent material, for use beneath stationary equipment, to be
present on-site and available at all times.
No fueling, cleaning, or maintenance of vehicles or equipment
shall take place within any areas where an accidental discharge
may cause hazardous materials to enter waterways.
Any equipment or vehicles used for the project will be checked and
maintained daily to prevent leaks of fluids that could be
deleterious to aquatic habitats.
Construction disturbance or removal of vegetation shall be
restricted to the minimum footprint necessary to complete the
work. The work area shall be delineated by the project biologist
where necessary to minimize impacts to vegetated habitats
beyond the work limit, and to protected vegetation within the
work area.
Staging and storage areas for equipment, materials, fuels,
lubricants and solvents, shall be located outside of the floodplain
and set back as far as feasible from channel banks and seasonal
wetlands.
Stationary equipment such as motors, pumps, and generators,
located adjacent to aquatic features shall be positioned over
secondary containment sufficient to arrest a catastrophic failure.
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OYSTER COVE MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE
PARTY
COMPLETION OF
IMPLEMENTATION
ACTIVITY DATE
COMPLETED
All activities performed near aquatic features shall have absorbent
materials designated for spill containment and cleanup activities
on-site for use in an accidental spill.
Stockpiles of excavated soil or other shall be covered when not in
active use (i.e. will not be used, or moved for 72 hours). All trucks
hauling soil, sand, and other loose materials will be covered.
No construction debris of any type will be allowed to enter or be
placed where they may be washed into any aquatic features.
At the end of the project construction activities all temporary
flagging, fencing, or other materials shall be removed from the
project site and vicinity of the channel.
No equipment shall be washed down where runoff could enter
waterways.
Avoidance and Minimization Measures for NMFS Species and resources
(including critical habitat and essential fish habitat) that shall be implemented
during project construction activities are outlined below.
Any work below the top of bank shall be completed during the dry
season, between June 15 and October 15.
No work requiring heavy machinery to enter the wetted channel
of the Petaluma River shall be conducted. To the greatest extent
feasible, any work below the top of bank of the Petaluma River and
McNear Canal shall be conducted using an excavator or other
similar equipment capable of reaching the work area from above
top of bank.
Work shall be conducted during the lowest tidal periods of the day
to minimize disturbance to aquatic habitat and preclude need for
using a coffer dam.
Prior to beginning work below the high tide line, a qualified
biologist shall place exclusion nets to prevent fish from
temporarily occupying waters that may be accidentally impacted
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OYSTER COVE MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE
PARTY
COMPLETION OF
IMPLEMENTATION
ACTIVITY DATE
COMPLETED
by landslides or similar failures. The exclusion nets shall be of
sufficient height to span the water column and small enough in size
(1/8 inch or less) to exclude juvenile fish from areas that may be
subject to disturbance during excavation.
To prevent the spread of turbidity that might be caused by
liberation of sediment, a turbidity curtain shall be installed within
the exclusion zone created by block nets whenever equipment
makes contact with substrate below the high tide line and when
rip-rap is installed.
Native vegetation removed shall be limited to the minimum
necessary in order to complete outfall culvert installation and shall
be replanted within the work area where appropriate. (For
mitigation of loss of wetland habitat, see MM BIO-4).
BIO-2: Tree and building removal shall be performed from September 1
through March 1, outside of the general bat maternity season. If tree
or building removal during this period is not feasible, a bat roost survey
shall be performed by a qualified biologist no more than 60 days prior
to demo/removal to determine if bats are present in the trees or
structures. During this survey, the qualified bat biologist shall
determine if an active roost is present and if colonization by bats is
likely. If bats are present, a bat exclusion plan shall be developed and
implemented. If bats are absent, but potential for colonization is
determined to be likely, the biologist shall make recommendations to
prevent colonization. Within 14 days of commencement of
construction, the biologist shall resurvey the structures and trees to
determine if any bats are present. If no roosting bats are detected,
then no further action is warranted. If bat maternity roosts are
detected, then roost trees and structures shall be avoided until the end
of the maternity roosting season. Irrespective of time of year, all felled
Conduct surveys in
accordance with this
measure.
Conduct
construction in
conformance with
measures herein.
Notify Planning
Division and CDFW
in the event of
discovery.
Qualified
biologist
Applicant
Planning
Division
CDFW
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OYSTER COVE MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE
PARTY
COMPLETION OF
IMPLEMENTATION
ACTIVITY DATE
COMPLETED
trees and demolished buildings shall remain on the ground for at least
24 hours prior to chipping, off-site removal, or other processing to
allow any bats present to escape. If more than 7 days lapse between
the end of the survey and start of construction, the survey shall be
repeated.
BIO-3: Vegetation removal (including trees) and initial ground disturbance
shall occur from September 1 to January 31 which is outside of the
general bird nesting season. If tree/vegetation removal during this
time is not feasible, a pre-construction nesting bird survey shall be
performed by a qualified biologist no more than 7 days prior to the
initiation of tree removal or ground disturbance, paying special
attention to areas of more dense vegetation cover. The survey shall
include the Project Area and surrounding areas within 500 feet. Survey
results shall be provided to the City of Petaluma Planning Director or
director’s designee. If active bird nests are found during the survey, an
appropriate no-disturbance buffer specific to the bird species shall be
established by the qualified biologist. Once it is determined that the
young have fledged (left the nest) or the nest otherwise becomes
inactive (e.g., due to predation), the buffer restriction shall be
removed and work may be initiated within the buffer. If more than 7
days lapse between the end of the survey and start of construction,
the survey shall be repeated.
Conduct surveys in
accordance with this
measure.
Conduct
construction in
conformance with
measures herein.
Notify Planning
Division and CDFW
in the event of
discovery.
Qualified
biologist
Applicant
Planning
Division
CDFW
BIO-4: Prior to issuance of grading permit the applicant shall provide proof of
authorization to the City of Petaluma that temporary or permanent
impacts to coastal salt marsh fringe wetland related to outfall
replacement upgrade have been authorized by the appropriate
regulatory agencies. Permits which may be necessary include a Section
10 Rivers and Harbors Act and/or a Section 404 CWA permit from the
Corps, a Section 401 Water Quality Certification from RWQCB, and a
1602 Lake and Streambed Alteration Agreement (LSAA) from CDFW.
Conduct surveys in
accordance with this
measure.
Conduct
construction in
conformance with
measures herein.
Qualified
biologist
Applicant
Planning
Division
CDFW
RWQCB
CORPS
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OYSTER COVE MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE
PARTY
COMPLETION OF
IMPLEMENTATION
ACTIVITY DATE
COMPLETED
As part of the CORPS/RWQCB permit application packages, the
applicant shall demonstrate that impacts to approximately 0.004 acres
(171 square feet) of tidal wetlands will be replaced at a minimum 1:1
ratio on a functions and values basis, or as otherwise determined by
the regulatory agencies. Preference shall be given to on-site
mitigation, but Mitigation may include purchase of created wetlands
credits from an approved mitigation bank or proponent created
wetlands at an on- or off-site location, as deemed most appropriate by
the regulatory agencies. The appropriate permits shall be obtained
from regulatory agencies prior to initial grading/construction which
shall include approval of a wetlands mitigation plan.
Notify Planning
Division and CDFW
in the event of
discovery.
BIO-5: Prior to any tree removal or alteration, the applicant shall obtain
approval from the City of Petaluma to implement a plan for tree
preservation and replacement in accordance with the City’s Tree
Preservation Ordinance. Replacement of the protected trees onsite
shall be replaced at a one-to-one trunk diameter basis. Replacement
trees shall be consistent with the preliminary landscape plan, except
that additional trees or larger size box trees (e.g. 36-inch) shall be
included, if feasible, as recommended in the Arborist Report prepared
by WRA Environmental Consultants, dated June 2022. be at the
minimum 24-inch box size. Acceptable replacement for the removal of
326.6 dbh of protected trees shall be determined in replacement
planting plan provided to the City of Petaluma Planning Director, or
director’s designee for review and approval. Replacement trees shall
be planted onsite in the same generally vicinity as the removed tree.
In the event that replacement onsite is infeasible, the applicant shall
pay a tree in-lieu fee. The replacement tree costs for the purposes of
satisfying in-lieu fees shall be based on the typical northern California
wholesale tree cost plus average installation cost for a minimum 24-
inch box tree. If payment of an in-lieu fee is proposed, an arborist-
Applicant to submit
a plan for tree
preservation to
Planning for review
and approval.
Applicant to
document tree
replacement onsite
or pay in lieu fee.
City to verify
replacement
following
construction.
Qualified
Arborist
Applicant
Planning
Division
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prepared in-lieu replacement value for the remaining tree mitigation
shall be required.
CULTURAL RESOURCES
CUL-1: To ensure the Project does not result in impacts to buried archaeological
resources onsite, if present, the following shall be implemented:
1. Training. Prior to commencement of ground-disturbing activities, a
professional archaeologist shall conduct a preconstruction training
for construction personnel. The training shall familiarize individuals
with the potential to encounter prehistoric artifacts or historic-era
archaeological deposits, the types of archaeological material that
could be encountered within the Project Area, and the requirement
for a monitor to be present during initial ground- disturbing
activities.
2. Monitoring. During initial ground disturbing activities, a Secretary
of the Interior-qualified archeologist and Federated Indians of
Graton Rancheria-approved monitor shall be onsite to monitor
activities. The monitor shall have the authority to temporarily halt
work to inspect areas as needed for potential cultural materials or
deposits. Daily monitoring logs shall be completed by the monitor.
3. Post-review Discoveries. In the event that cultural resources are
exposed during construction, all earth work occurring within 100
feet of the find shall be immediately stopped until a Secretary of
Interior-qualified Archaeologist inspects the material(s), assess
historical significance. The monitoring archaeologist shall consult
with the Federated Indians of Graton Rancheria-approved monitor,
may consult with other stakeholders, and as needed provide
recommendations for the treatment of the discovery.
Conduct
construction in
conformance with
measures herein.
Notify Professional
Archaeologist and
Planning Division in
the event of
potentially
significant
archaeological
resource discovery.
Include measure on
project construction
and improvement
plans.
Applicant
Qualified
archaeologist
and/or FIGR
representative
Planning
Division
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4. Archaeological Monitoring Report. Within 60 days following
completion of construction work, an archeological monitoring
report shall be submitted to the City. The report shall include the
results of the monitoring program (even if negative), a summary of
any findings or evaluation/data recovery efforts, and supporting
documentation (e.g., daily monitoring logs).
CUL-2: In the event that human remains are encountered within the Project
Area during Project-related, ground-disturbing activities, all work must
stop, and the County Coroner immediately notified of the discovery. If
the County coroner determined that remains are, or are believed to be
Native American, then the Native American Heritage Commission must
be contacted by the Coroner so that a “Most Likely Descendant” (MLD)
can be designated to provide further recommendations regarding
treatment of the remains. A Secretary of Interior-qualified
Archaeologist should also evaluate the historical significance of the
discovery, the potential for additional human remains to be present,
and to provide further recommendations for treatment of the resource
in accordance with the MLD recommendations. Federal regulations
require that Native American human remains, funerary objects, and
object of cultural patrimony are handed consistent with the
requirement of the Native American Graves Protection and
Repatriation Act.
Incorporate into
project design and
print on
construction
documents
On-site observation
Applicant
Qualified
archaeologist
and/or FIGR
representative
Planning
Division
NAHC
MLD
County
Coroner
GEOLOGY AND SOILS
GEO-1: The project Applicants shall submit for City’s approval a preconstruction
design-level geotechnical report for the Oyster Cove Project. The report
shall include all applicable geologic report standards, reconnaissance
and subsurface exploration data, laboratory test results, and
conclusions and recommendations, including, but not limited to, those
pertaining to: 1) site preparation, excavation, fill placement and
compaction, temporary and permanent cut and fill slope inclinations
Upon submittal of
plans for building
permit, submit a
design-level
geotechnical report.
Incorporate
geotechnical
Applicant/
Contractor/
Geotechnical
Engineer
Public Works
and Utilities
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(including whether slopes steeper than 3:1 can be used at the site),
slope stability, slope erosion mitigation, and landslide movement
mitigation; 2) surface and subsurface drainage systems, including
drainage associated with grading for landslide movement mitigation and
new cut and fill slopes; 3) foundations and floors for planned residential
structures; 4) foundations for planned site improvements, including, but
not limited to restrooms, barn, pedestrian bridges, and other structures;
5) settlement and swell estimates for planned residential structures and
site improvements, including those bearing of engineered fill; 6)
foundations, back-drains, and lateral earth pressures for site retaining
walls; 7) seismic design parameters for the planned residential
structures, site improvements, and site retaining walls; 8) pavement
design for driveways, parking lots, pathways and trails, where applicable;
9) utility trench backfill, including check dams and trench drainage, if
appropriate; 10) geologic/geotechnical construction monitoring,
testing, and certification requirements; and 11) trail construction and
long-term maintenance requirements, including criteria for inspecting
and maintaining culverts and pathway surfaces, as appropriate.
The geotechnical report shall include measures, as necessary, to reduce
the potential for static and earthquake-induced slope movements that
may adversely impact the Oyster Cove Project. Engineering analyses
shall estimate the factors of safety against slope movements in the
development area.
As determined by the City Engineer and/or Chief Building Official, all
recommendations outlined in the preconstruction design-level
geotechnical report for the Oyster Cove project are herein incorporated
by reference and shall be adhered to in order to ensure that appropriate
measures are incorporated into the design and construction of the
project. Nothing in this mitigation measure shall preclude the City
recommendations
into project
construction and
improvement plans.
The project
geotechnical
engineer shall
inspect the
construction work
and shall certify to
the City, prior to
issuance of a
certificate of
occupancy that the
improvements have
been constructed in
accordance with the
geotechnical
specifications.
Building
Division
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Engineer and/or Chief Building Official from requiring additional
information be provided to determine compliance with applicable
standards. The project geotechnical engineer shall review the project
plans and specifications and submit a letter certifying to the City that
the project plans and specifications have been prepared in accordance
with the geotechnical recommendations for the project. The project
geotechnical engineer or personnel under their direct supervision shall
inspect the construction of geotechnical and/or geologic aspects of the
project and shall submit a letter certifying to the City that prior to
issuance of a certificate of occupancy, the geotechnical and geologic
aspects of the project plans and specifications have been appropriately
constructed at the site and are acceptable to the project geotechnical
engineer.
GEO-2: Prior to issuance of a grading permit, an erosion control plan along with
grading and drainage plans shall be submitted to the City Engineer for
review. All earthwork, grading, trenching, backfilling, and compaction
operations shall be conducted in accordance with the City of
Petaluma’s Grading and Erosion Control Ordinance #1576, Title 17,
Chapter 17.31 of the Petaluma Municipal Code. Plans shall detail
erosion control measures such as site watering, sediment capture,
equipment staging and laydown pad, and other erosion control
measures to be implemented during all construction activity.
Compliance with
approved erosion
control plan.
Applicant/
Contractor/
Geotechnical
Engineer
Public Works
and Utilities
Building
Division
HAZARDS AND HAZARDOUS MATERIALS
HAZ-1: Prior to issuance of a grading permit, approval of the Site Remediation
Plan by the RWQCB shall be submitted to the City of Petaluma. the
applicant shall seek regulatory oversight for the proposed site
remediation by the State, either the DTSC or RWQCB, pursuant to the
2005 Memorandum of Agreement between DTSC, the State Water
Resources Control Board, Regional Water Quality Control Boards, and
the California EPA for the Oversight of Investigation and Cleanup
Provide copy of Site
Remediation Plan to
the City with
construction
documents for
review and approval.
Project
Applicant/
Contractor
Environmental
Professional/H
ealth and
Safety Officer
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Activities at Brownfield Sites. Remediation activities onsite shall be
conducted in accordance with the Final Site Remediation Plan (Draft
prepared by ENGEO, dated November 1, 2022, unless otherwise
directed by the regulatory oversight. All impacted soils and vegetation
shall be removed and remediated, in compliance with oversight by the
DTSC or RWQCB, and disposed of at a facility licensed to accept
contaminated materials. Prior to issuance of a certificate of occupancy,
the applicant shall provide documentation to the City of Petaluma
demonstrating that remediation has effectively reduced pollutant
concentrations onsite and all contaminants fall below ESLs for
residential uses. Remediation activities shall be conducted in
accordance with the Site-Specific Health and Safety Plan.
Retain copy of the
approved plan on-
site during
construction.
RWQCB.
Fire
Department
Building
Division
Planning
Division
HYDROLOGY AND WATER QUALITY
HYDRO-1: In accordance with the National Pollution Discharge Elimination
System (NPDES) regulation, the applicant shall prepare and
implement a Storm Water Pollution Prevention Plan (SWPPP) prior
to construction. The SWPPP shall address erosion and sediment
controls, proper storage of fuels, identification of BMPs, and use
and cleanup of hazardous materials. A Notice of Intent, fees, and
other required documentation shall be filed with the Regional
Water Quality Control Board. During construction a monitoring
report shall be conducted weekly during dry conditions and three
times a day during storms that produce more than 1/2” of
precipitation.
Incorporate into
project design and
print on
construction
documents (building
and landscape
plans).
On-site observation
Project
Applicant/
Contractor
Public Works
and Utilities
Building
Division
Planning
Division
HYDRO-2: Should construction dewatering be required, the applicant shall
either reuse the water on-site for dust control, compaction, or
irrigation, retain the water on-site in a grassy or porous area to allow
infiltration/evaporation, or obtain a permit to discharge construction
water to a sanitary sewer or storm drain. Discharges to the sanitary
Incorporate into
project design and
print on
construction
documents (building
Project
Applicant/
Contractor
Public Works
and Utilities
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sewer system shall require a one-time discharge permit from the City
of Petaluma. Measures may include characterizing the discharge and
ensuring filtering methods and monitoring to verify that the
discharge is compliant with the City’s local wastewater discharge
requirements. Discharges to a storm drain shall be conducted in a
manner that complies with the Regional Water Quality Control Board
Waste Discharge Requirements for Low Threat Discharges to Surface
Waters in the North Coast Region. In the event that groundwater is
discharged to the storm drain system, the Applicant shall submit
permit registration documents and develop a Best Management
Practices/Pollution Prevention Plan to characterize the discharge and
to identify specific BMPs, such as sediment and flow controls
sufficient to prevent erosion and flooding downstream.
and landscape
plans).
On-site observation
Building
Division
Planning
Division
HYDRO-3: The project shall implement appropriate post-construction
stormwater treatment measures to reduce water quality and
hydromodification impacts to downstream reaches, as required by
the current post construction controls regulations of the Small MS4
General Permit. Upon completion of the final project design, the
Applicant shall provide a final stormwater control plan (SWCP) to
the City of Petaluma and shall include stormwater management
measures that comply with the Small MS4 General Permit. The
report shall delineate individual drainage management areas
(DMAs) within the project site and provide analysis to show
compliance with the volumetric or flow-based treatment criteria as
described in the Small MS4 General Permit and outlined in the
BASMAA (2019) Post-Construction Manual. The report shall also
include design calculations that show post-project runoff for the 24-
hour, 2, 5, 10, 25, and 100 year storm event does not exceed pre-
project flow for each DMA, and that each DMA has appropriate
stormwater quality treatment based on flow- or volumetric-based
Incorporate into
project design and
print on
construction
documents (building
and landscape
plans).
On-site observation
Upon submittal of
grading plan provide
approval letter from
Sonoma Water
Project
Applicant/
Contractor
Public Works
and Utilities
Building
Division
Planning
Division
Sonoma
Water
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calculation, as outlined in the Small MS4 General Permit and in
compliance with the BASMAA Manual. The final SWCP
documentation shall be submitted to the City and Sonoma Water
for review and an approval letter from Sonoma Water prior to the
issuance of a grading permit shall be required.
HYDRO-4: Following construction of the residential buildings within the FP-C
(Flood Plain – Combining District), and prior to occupancy, the
elevation of the lowest floor, including basement, shall be certified
by a registered professional engineer or surveyor, to be properly
elevated. Such certification or verification shall be provided to the
Floodplain Administrator. The Floodplain Administrator shall
require standards in accordance with the City’s FP-C, such as the
following:
1. All new improvements shall be anchored to prevent flotation,
collapse, or lateral movement.
2. All new improvements shall be constructed with materials and
utility equipment resistant to flood damage and using methods
and practices to minimize flood damage.
3. All electrical, heating, air conditioning, ventilation, and plumbing
shall be designed and located to prevent water from entering or
accumulating within components during flooding.
4. All new construction and improvements shall insure that fully
enclosed areas below the lowest floor that are subject to flooding
be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of flood waters. A
minimum of two opening not less than one square inch for every
square foot of enclosed area shall be provided.
Incorporate into
project design and
construction
documents.
Conduct
construction in
conformance with
measures herein.
Applicant
Building
Division
Planning
Division
Public Works
and Utilities
NOISE
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NOI-1: The following Best Construction Management Practices shall be
implemented to reduce construction noise levels emanating from the
site, limit construction hours, and minimize disruption and annoyance:
1. Limit construction hours to between 7:00 a.m. and 7:00 p.m.,
Monday through Friday and between 9:00 a.m. and 7:00 p.m. on
Saturday. Construction activities shall be prohibited on Sunday and
State, Federal and Local Holidays.
2. Delivery of materials and equipment to the site and truck traffic
coming to and from the site is restricted to the same construction
hours specified above.
3. Equip all internal combustion engine-driven equipment with intake
and exhaust mufflers that are in good condition and appropriate
for the equipment.
4. Unnecessary idling of internal combustion engines shall be strictly
prohibited.
5. Locate stationary noise-generating equipment such as air
compressors or portable power generators as far as possible from
sensitive receptors. If they must be located near receptors,
adequate muffling (with enclosures where feasible and
appropriate) shall be used to reduce noise levels at the adjacent
sensitive receptors. Any enclosure openings or venting shall face
away from sensitive receptors.
6. Acoustically shield stationary equipment located near residential
receivers with temporary noise barriers.
7. Utilize "quiet" air compressors and other stationary noise sources
where technology exists.
Conduct
construction in
conformance with
measures herein.
Incorporate into
project design and
construction
documents.
Maintain delivery,
hauling and
construction in
accordance with
measure.
Provide notice to
surrounding
properties in
accordance with
measure.
Applicant shall
provide for periodic
inspection during
construction to
ensure that
measures are in
place.
Applicant
Building
Division
Planning
Division
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8. Construction staging areas shall be established at locations that
will create the greatest distance between the construction-related
noise sources and noise-sensitive receptors nearest the project
site during all project construction activities.
9. Locate material stockpiles, as well as maintenance/equipment
staging and parking areas, as far as feasible from existing
residences.
10. Control noise from construction workers’ radios to a point where
they are not audible at the existing Parks bordering the project site.
11. The contractor shall prepare a detailed construction schedule for
major noise-generating construction activities. The construction
plan shall identify a procedure for coordination with the
owner/occupant of nearby residential land uses so that
construction activities can be scheduled to minimize noise
disturbance.
12. Notify all residences by assessor parcel number (within 1,000 feet
of the project site) of the construction schedule, in writing, and
provide a written schedule of “noisy” construction activities to the
adjacent land uses as well as contact information, including phone
number of the disturbance coordinator.
13. Designate a "disturbance coordinator" who would be responsible
for responding to any complaints about construction noise. The
disturbance coordinator will determine the cause of the noise
complaint (e.g., bad muffler, etc.) and will require that reasonable
measures be implemented to correct the problem. Conspicuously
post a telephone number for the disturbance coordinator at the
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construction site and include in it the notice sent to neighbors
regarding the construction schedule.
TRIBAL CULTURAL RESOURCES
Implement Measure CUL-1 and CUL-2. See CUL-1, CUL-2 See CUL-1, CUL-2
DocuSign Envelope ID: 0B6C7C55-AE09-4669-82EB-6DA9AF634358