HomeMy WebLinkAboutResolution 2023-151 N.C.S. 09/18/2023 DocuSign Envelope ID:8873FB56-63FF-4ECB-B209-7F1F70CE9CE5
Resolution No. 2023-151 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADOPTING 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
Resolution No. 2023-151 N.C.S. Page 1
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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
Resolution No. 2023-151 N.C.S. Page 2
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WHEREAS,the IS/MND applies the BAAQMD CEQA Air Quality Guidelines including the BAAQMD
thresholds of significance, and as lead agency under CEQA, the City of Petaluma has the discretion to rely upon
the BAAQMD CEQA Guidelines and thresholds of significance, since they include the best available scientific
data and most conservative thresholds available for comparison of the Project's emissions, and comparison of
the Project's emissions against these thresholds provides a conservative assessment as the basis for
determination of significance; and
WHEREAS,pursuant to further analysis in the IS/MND, including evaluation using the BAAQMD CEQA
Guidelines and thresholds of significance, the Project does not make a considerable contribution to cumulative
impacts from air quality or greenhouse gas emissions identified as significant and unavoidable in the General
Plan 2025 EIR,because the project's emissions are below the significance thresholds identified; and
WHEREAS, Pursuant to Section 15072(g)(5), the IS/MND discloses that the site is listed in hazardous
waste databases, as defined under Section 65962.5 of the Government Code including the State Water
Resources Control Board GeoTracker database from soil and groundwater contamination and concludes that
implementation of mitigation measures will reduce impacts resulting from location on a site containing
hazardous waste to less than significant; and
WHEREAS, the MND, Initial Study, and related project and environmental documents, 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; and
WHEREAS, the Planning Commission approved Resolution 2023-06 recommending the City Council
approve the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
with minor revisions; and
WHEREAS,public comments received on the Draft IS/MND have been responded to in a Response to
Comments document; and
WHEREAS, said minor revisions have been incorporated into the Final IS/MND and MMRP; and
WHEREAS,the Project was scheduled for review by the City Council at a public hearing held on September
18, 2023, and a notice of intent to adopt the IS/MND and public notice of the scheduled public hearing was
published in the Argus-Courier, mailed to property owners within 1,000 feet of the Project site, posted on the
Resolution No. 2023-151 N.C.S. Page 3
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project site in the form of onsite signage, on September 8, 2023, in accordance with Implementing Zoning
Ordinance Section 24.100 Public Notice; and
WHEREAS, at said hearing, the City Council considered the staff report and approved the Final IS/MND
and MMRP.
NOW, THEREFORE, BE IT RESOLVED,by the City Council 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 City Council makes 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 City Council finds that there is
no substantial evidence that the Project as mitigated will have a significant effect on the environment, and
hereby adopts the MND for the Project, including the Mitigation Monitoring and Reporting Program
attached hereto as Exhibit A.
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 City Council reviewed the Final Initial Study/MND and considered the comments and response to
comments before making a decision 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.
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 meeting on the 18'day of September DocuSigned€9rm:
2023,by the following vote: ra �-' V
, Attorney
AYES: McDonnell,Barnacle,Cader Thompson,Healy,Nau,Pocekay,Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by: DocuSigned by:
ATTEST:
LFE 6449AO62476
City C er Mayor
Resolution No. 2023-151 N.C.S. Page 4
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EXHIBIT A
OYSTER COVE MIXED USE NEIGHBORHOOD
MITIGATION MONITORING AND REPORTING PROGRAM
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.
Resolution No. 2023-151 N.C.S. Page 5
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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.
Resolution No. 2023-151 N.C.S. Page 6
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OYSTER COVE MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
AIR QUALITY
AQ-1: The applicant shall incorporate the Best Management Practices(BMPs) • Measures shall be • Applicant
for construction into the construction and improvement plans and included in project • Planning
clearly indicate these provisions in the specifications. In addition, an design and Division
erosion control program shall be prepared and submitted to the City construction • Building
of Petaluma prior to any construction activity. BMPs shall include but documents. Division
not be limited to the BAAQMD Basic Construction Mitigation Measures • Periodic inspections
as modified below: during construction
All exposed surfaces e. parking areas, staging areas, soil Iles, to ensure that
p ( g•, p g g g p�
graded areas, and unpaved access roads) shall be watered two measures are in
times per day. place.
All haul trucks transporting soil, sand, or other loose material shall be
covered.
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.
All vehicle speeds on unpaved roads shall be limited to 15 mph.
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.
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.
Resolution No. 2023-151 N.C.S. Page 7
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OYSTER COVE MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
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.
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 • Measures shall be • Applicant
documentation to the City of Petaluma that the required permits for included in project • Planning
installation of culvert outfalls from regulatory agencies have been design and Division
obtained. The permit authorization process shall include, if needed construction • Qualified
and at the discretion of the regulatory agencies involved, consultation documents. Biologist
with National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife • Inspection by a • NMFS
Service (USFWS), and/or California Department of Fish and Wildlife qualified biologist • USFWS
(CDFW) to determine if avoidance, minimization, and mitigation shall be conducted • CDFW
measures beyond those described below are necessary.At a minimum, prior to • CORPS
the following measures shall be implemented: commencement of
• Project work shall be conducted, as much as practicable, during earthwork activities
the dry season (May through October) to reduce runoff. If rainfall and verified
is in the forecast predicted to be greater than one-half inch over a periodically.
24-hour period, standard erosion control measures (e.g., straw • Qualified biologist
waddles, bales,silt fencing)shall be deployed and grading shall be shall conduct
suspended. training.
• Erosion control measures shall be utilized throughout all phases of • Contractor shall
the project where sediment runoff from construction may maintain records to
potentially enter waters. Erosion control structures shall be document
monitored for effectiveness and will be repaired or replaced as compliance.
Resolution No. 2023-151 N.C.S. Page 8
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OYSTER COVE MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
needed. Appropriate erosion control measures shall be installed • Applicant shall
around any stockpiles of soil or other materials which could be obtain and provide
mobilized by rainfall or runoff. Erosion control structures shall not to the City all
include plastic monofilament or other components that may regulatory approval.
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
and wildlife with the potential to occur within the Study Area,
water quality, and environmental protection measures.
Resolution No. 2023-151 N.C.S. Page 9
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OYSTER COVE MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
• 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.
• 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.
Resolution No. 2023-151 N.C.S. Page 10
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OYSTER COVE MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
• 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
by landslides or similar failures. The exclusion nets shall be of
sufficient height to span the water column and small enough in
Resolution No. 2023-151 N.C.S. Page 11
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OYSTER COVE MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
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 1310-4).
BIO-2: Tree and building removal shall be performed from September 1 • Conduct surveys in • Qualified
through March 1, outside of the general bat maternity season. If tree accordance with this biologist
or building removal during this period is not feasible,a bat roost survey measure. • Applicant
shall be performed by a qualified biologist no more than 60 days prior . Conduct • Planning
to demo/removal to determine if bats are present in the trees or construction in Division
structures. During this survey, the qualified bat biologist shall conformance with • CDFW
determine if an active roost is present and if colonization by bats is measures herein.
likely. If bats are present, a bat exclusion plan shall be developed and . Notify Planning
implemented. If bats are absent, but potential for colonization is Division and CDFW
determined to be likely, the biologist shall make recommendations to in the event of
prevent colonization. Within 14 days of commencement of discovery.
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
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
Resolution No. 2023-151 N.C.S. Page 12
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OYSTER COVE MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
the end of the survey and start of construction, the survey shall be
repeated.
BIO-3: Vegetation removal (including trees) and initial ground disturbance e Conduct surveys in • Qualified
shall occur from September 1 to January 31 which is outside of the accordance with this biologist
general bird nesting season. If tree/vegetation removal during this measure. • Applicant
time is not feasible, a pre-construction nesting bird survey shall be • Conduct • Planning
performed by a qualified biologist no more than 7 days prior to the construction in Division
initiation of tree removal or ground disturbance, paying special conformance with . CDFW
attention to areas of more dense vegetation cover. The survey shall measures herein.
include the Project Area and surrounding areas within 500 feet.Survey • Notify Planning
results shall be provided to the City of Petaluma Planning Director or Division and CDFW
director's designee. If active bird nests are found during the survey,an in the event of
appropriate no-disturbance buffer specific to the bird species shall be discovery.
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.
BIO-4: Prior to issuance of grading permit the applicant shall provide proof of • Conduct surveys in • Qualified
authorization to the City of Petaluma that temporary or permanent accordance with this biologist
impacts to coastal salt marsh fringe wetland related to outfall measure. • Applicant
replacement upgrade have been authorized by the appropriate • Conduct • Planning
regulatory agencies. Permits which may be necessary include a Section construction in Division
10 Rivers and Harbors Act and/or a Section 404 CWA permit from the conformance with . CDFW
Corps, a Section 401 Water Quality Certification from RWQCB, and a measures herein. • RWQCB
1602 Lake and Streambed Alteration Agreement (LSAA) from CDFW. • Notify Planning . CORPS
As part of the CORPS/RWQCB permit application packages, the Division and CDFW
applicant shall demonstrate that impacts to approximately 0.004 acres in the event of
(171 square feet) of tidal wetlands will be replaced at a minimum 1:1 discovery.
ratio on a functions and values basis, or as otherwise determined by
Resolution No. 2023-151 N.C.S. Page 13
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OYSTER COVE MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
the regulatory agencies. Preference shall be given to on-site
mitigation, but Mfin 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.
BIO-5: Prior to any tree removal or alteration, the applicant shall obtain • Applicant to submit • Qualified
approval from the City of Petaluma to implement a plan for tree a plan for tree Arborist
preservation and replacement in accordance with the City's Tree preservation to • Applicant
Preservation Ordinance. Replacement of the protected trees onsite Planning for review • Planning
shall be replaced at a one-to-one trunk diameter basis. Replacement and approval. Division
trees shall be consistent with the preliminary landscape plan, except • Applicant to
that additional trees or larger size box trees (e.g. 36-inch) shall be document tree
included, if feasible, as recommended in the Arborist Report prepared replacement onsite
by WRA Environmental Consultants, dated June 2022. he— the or pay in lieu fee.
FnOR*FnUFR ^cc" "^x SoZe.Acceptable replacement for the removal of • City to verify
326.6 dbh of protected trees shall be determined in replacement replacement
planting plan provided to the City of Petaluma Planning Director, or following
director's designee for review and approval. Replacement trees shall construction.
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-
prepared in-lieu replacement value for the remaining tree mitigation
shall be required.
CULTURAL RESOURCES
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CUL-1: To ensure the Project does not result in impacts to buried . Conduct • Applicant
archaeological resources onsite, if present, the following shall be construction in • Qualified
implemented: conformance with archaeologist
1. Training. Prior to commencement of ground-disturbing activities,a measures herein. and/or FIGR
professional archaeologist shall conduct a preconstruction training ' Notify Professional representative
for construction personnel.The training shall familiarize individuals Archaeologist and . Planning
with the potential to encounter prehistoric artifacts or historic-era Planning Division in Division
archaeological deposits, the types of archaeological material that the event of
could be encountered within the Project Area, and the potentially
requirement for a monitor to be present during initial ground- significant
disturbing activities. archaeological
resource discovery.
2. Monitoring. During initial ground disturbing activities, a Secretary . Include measure on
of the Interior-qualified archeologist and Federated Indians of project construction
Graton Rancheria-approved monitor shall be onsite to monitor and improvement
activities.The monitor shall have the authority to temporarily halt plans.
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.
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
Resolution No. 2023-151 N.C.S. Page 15
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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 . Incorporate into • Applicant
Area during Project-related,ground-disturbing activities,all work must project design and • Qualified
stop, and the County Coroner immediately notified of the discovery. If print on archaeologist
the County coroner determined that remains are,or are believed to be construction and/or FIGR
Native American,then the Native American Heritage Commission must documents representative
be contacted by the Coroner so that a "Most Likely Descendant" (MLD) On-site observation • Planning
can be designated to provide further recommendations regarding Division
treatment of the remains. A Secretary of Interior-qualified • NAHC
Archaeologist should also evaluate the historical significance of the • MLD
discovery, the potential for additional human remains to be present, 0 County
and to provide further recommendations for treatment of the resource Coroner
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.
GEOLOGY AND SOILS
EO-1:The project Applicants shall submit for City's approval a preconstruction . Upon submittal of • Applicant/
design-level geotechnical report for the Oyster Cove Project.The report plans for building Contractor/
shall include all applicable geologic report standards, reconnaissance permit, submit a Geotechnical
and subsurface exploration data, laboratory test results, and design-level Engineer
conclusions and recommendations, including, but not limited to, those geotechnical report. • Public Works
pertaining to: 1) site preparation, excavation, fill placement and • Incorporate and Utilities
compaction, temporary and permanent cut and fill slope inclinations geotechnical • Building
(including whether slopes steeper than 3:1 can be used at the site), recommendations Division
slope stability, slope erosion mitigation, and landslide movement into project
mitigation; 2) surface and subsurface drainage systems, including construction and
drainage associated with grading for landslide movement mitigation improvement plans.
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and new cut and fill slopes; 3) foundations and floors for planned . The project
residential structures; 4) foundations for planned site improvements, geotechnical
including, but not limited to restrooms, barn, pedestrian bridges, and engineer shall
other structures; 5) settlement and swell estimates for planned inspect the
residential structures and site improvements, including those bearing of construction work
engineered fill; 6) foundations, back-drains, and lateral earth pressures and shall certify to
for site retaining walls; 7) seismic design parameters for the planned the City, prior to
residential structures, site improvements, and site retaining walls; 8) issuance of a
pavement design for driveways, parking lots, pathways and trails,where certificate of
applicable; 9) utility trench backfill, including check dams and trench occupancy that the
drainage, if appropriate; 10) geologic/geotechnical construction improvements have
monitoring, testing, and certification requirements; and 11) trail been constructed in
construction and long-term maintenance requirements, including accordance with the
criteria for inspecting and maintaining culverts and pathway surfaces,as geotechnical
appropriate. specifications.
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
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
Resolution No. 2023-151 N.C.S. Page 17
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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 • Compliance with • Applicant/
with grading and drainage plans shall be submitted to the City Engineer approved erosion Contractor/
for review. All earthwork, grading, trenching, backfilling, and control plan. Geotechnical
compaction operations shall be conducted in accordance with the City Engineer
of Petaluma's Grading and Erosion Control Ordinance#1576, Title 17, • Public Works
Chapter 17.31 of the Petaluma Municipal Code. Plans shall detail and Utilities
erosion control measures such as site watering, sediment capture, . Building
equipment staging and laydown pad, and other erosion control Division
measures to be implemented during all construction activity.
HAZARDS AND HAZARDOUS MATERIALS
HAZ-1: Prior to issuance of a grading permit, approval ^f*"^site o,,,.,.,,,diatien . Provide copy of Site • Project
PlaR by the RWaEB shall h + +l, r;ty f o talu,, the Remediation Plan to Applicant/
applicant shall seek regulatory oversight for the proposed site the City with Contractor
remediation by the State, either the DTSC or RWQCB, pursuant to the construction • Environmental
2005 Memorandum of Agreement between DTSC, the State Water documents for Professional/H
Resources Control Board, Regional Water Quality Control Boards, and review and approval. ealth and
the California EPA for the Oversight of Investigation and Cleanup Retain copy of the Safety Officer
Activities at Brownfield Sites. If regulatory oversight is required, approved plan on- • RWQCB.
rRemediation activities onsite shall be conducted in accordance with site during . Fire
the Final Site Remediation Plan (Draft prepared by ENGEO, dated construction. Department
November 1, 2022), unless otherwise directed by the regulatory
oversight. All impacted soils and vegetation shall be removed and
Resolution No. 2023-151 N.C.S. Page 18
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remediated, in compliance with eversight by the DTSC or RWQCB, and • Building
disposed of at a facility licensed to accept contaminated materials. Division
Prior to issuance of a certificate of occupancy, the applicant shall • Planning
provide documentation to the City of Petaluma demonstrating that Division
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.
HYDROLOGY AND WATER QUALITY
HYDRO-1: In accordance with the National Pollution Discharge Elimination • Incorporate into • Project
System (NPDES) regulation, the applicant shall prepare and project design and Applicant/
implement a Storm Water Pollution Prevention Plan (SWPPP) prior print on Contractor
to construction. The SWPPP shall address erosion and sediment construction • Public Works
controls, proper storage of fuels, identification of BMPs, and use documents (building and Utilities
and cleanup of hazardous materials. A Notice of Intent, fees, and and landscape . Building
other required documentation shall be filed with the Regional plans). Division
Water Quality Control Board. During construction a monitoring On-site observation • Planning
report shall be conducted weekly during dry conditions and three Division
times a day during storms that produce more than 1/2" of
precipitation.
HYDRO-2: Should construction dewatering be required, the applicant shall . Incorporate into • Project
either reuse the water on-site for dust control, compaction, or project design and Applicant/
irrigation, retain the water on-site in a grassy or porous area to allow print on Contractor
infiltration/evaporation,or obtain a permit to discharge construction construction • Public Works
water to a sanitary sewer or storm drain. Discharges to the sanitary documents (building and Utilities
sewer system shall require a one-time discharge permit from the City and landscape • Building
of Petaluma. Measures may include characterizing the discharge and plans). Division
ensuring filtering methods and monitoring to verify that the On-site observation 0 Planning
discharge is compliant with the City's local wastewater discharge Division
requirements. Discharges to a storm drain shall be conducted in a
Resolution No. 2023-151 N.C.S. Page 19
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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.
HYDRO-3: The project shall implement appropriate post-construction • Incorporate into • Project
stormwater treatment measures to reduce water quality and project design and Applicant/
hydromodification impacts to downstream reaches, as required by print on Contractor
the current post construction controls regulations of the Small MS4 construction • Public Works
General Permit. Upon completion of the final project design, the documents (building and Utilities
Applicant shall provide a final stormwater control plan (SWCP) to and landscape . Building
the City of Petaluma and shall include stormwater management plans). Division
measures that comply with the Small MS4 General Permit. The • On-site observation • Planning
report shall delineate individual drainage management areas . Upon submittal of Division
(DMAs) within the project site and provide analysis to show grading plan provide a Sonoma
compliance with the volumetric or flow-based treatment criteria as approval letter from Water
described in the Small MS4 General Permit and outlined in the Sonoma Water
BASMAA (2019) Post-Construction Manual. The report shall also
include design calculations that show post-project runoff forthe 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
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.
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HYDRO-4: Following construction of the residential buildings within the FP-C . Incorporate into • Applicant
(Flood Plain — Combining District), and prior to occupancy, the project design and • Building
elevation of the lowest floor, including basement, shall be certified construction Division
by a registered professional engineer or surveyor, to be properly documents. . Planning
elevated. Such certification or verification shall be provided to the . Conduct Division
Floodplain Administrator. The Floodplain Administrator shall construction in . Public Works
require standards in accordance with the City's FP-C, such as the conformance with and Utilities
following: measures herein.
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.
NOISE
NOI-1: The following Best Construction Management Practices shall be • Conduct • Applicant
implemented to reduce construction noise levels emanating from the construction in • Building
site, limit construction hours, and minimize disruption and annoyance: conformance with Division
1. Limit construction hours to between 7:00 a.m. and 7:00 p.m., measures herein. . Planning
Monday through Friday and between 9:00 a.m. and 7:00 p.m. on ' Incorporate into Division
project design and
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Saturday.Construction activities shall be prohibited on Sunday and construction
State, Federal and Local Holidays. documents.
2. Delivery of materials and equipment to the site and truck traffic ' Maintain delivery,
coming to and from the site is restricted to the same construction hauling and
hours specified above. construction in
accordance with
3. Equip all internal combustion engine-driven equipment with intake measure.
and exhaust mufflers that are in good condition and appropriate . provide notice to
for the equipment. surrounding
4. Unnecessary idling of internal combustion engines shall be strictly properties in
prohibited. accordance with
measure.
5. Locate stationary noise-generating equipment such as air Applicant shall
compressors or portable power generators as far as possible from provide for periodic
sensitive receptors. If they must be located near receptors, inspection during
adequate muffling (with enclosures where feasible and construction to
appropriate) shall be used to reduce noise levels at the adjacent ensure that
sensitive receptors. Any enclosure openings or venting shall face measures are in
away from sensitive receptors. place.
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.
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.
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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
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
Resolution No. 2023-151 N.C.S. Page 23
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