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HomeMy WebLinkAboutResolution 90-202 06/18/1990'1 I~eS®lution NO. 90-202 N.C.S. of the City of Petaluma, California APPROVING ISS~JANCE OF A MITIGATED NEGATIVE DECLARATION FOR ZONE IV HZO DI5TRIBIJTION PROJECT WHEREAS, the City of Petaluma General Plan identifies the Zone IV H2O Distribution Project to accommodate future growth in the northeast section of the City; and WHEREAS, the Zone IV H2O Distribution Project is .not growth inducing, but is sized to accommodate future growth only pursuant to the General Plan; and WHEREAS, the City of Petaluma shall obtain. all necessary permits prior to construction of Zone IV H2O Distribution Project; and WHEREAS, the City of Petaluma has contracted with Robert Koenitzer of Redwood Empire Appraisal to represent the City in the purchase of land and/or relocation costs negotiations between the City and the land/business owner due to encroachment onto private property resulting from the Zone IV H2O Distribution project improvements; and WHEREAS, an initial study for the Zone IV H2O Distribution Project recommending a Mitigated Negative Declaration was prepared by Michael Clayton and Associates for the City; and WHEREAS, a notice of intent to approve a Mitigated Negative Declaration was distributed pursuant to local and State environmental guidelines; and WHEREAS, the initial study identified potential substantial impacts to wetlands, oak trees and cultural/historical resources through implementation of the Zone IV H2O Distribution Project.; and WHEREAS, mitigation measures are recommended as shown in the Findings to mitigate any potential significant adverse effects to a level of insignificance due to implementation of Zone IV H2O Distribution Project; and WHEREAS, these mitigation measures have been accepted by the City and incorporated into the project design; and WHEREAS, the City Council held a hearing on June 18, 1990, to consider any public comments pertaining to the initial study for the Zone IV H2O Distribution Project; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby authorizes issuance of a Mitigated Negative Declaration on the Zone IV H2O Distribution Project based on the following findings: Findings: 1. It is the intent of the City Council to mitigate the loss of trees caused by construction of the Zone IV H2O Distribution Project by the following mitigation measures: Res. No. ...9.Q'.2.~.2.... _.. N.C.S. 2. 3, a. b The following construction guidelines are required to reduce the decline or death of oak trees along Corona Road: i Fence individual or groups of oak trees before construction. ii Do not make changes in grade and drainage, compact soil, pave, fill, or trench within the root zone of oak trees. iii Do not use oak trees as posts. iv Do not apply herbicides. v Do not dump substances used in construction, operate or park heavy equipment, or store materials beneath oak trees. Where construction will disturb the root zones of oak trees, an arborist must be consulted to provide management recommendations for the preservation and care of affected Oak trees. i If required, oak tree roots should be cut, not pulled, and carefully treated. ii Trees with ..root damage should be pruned and watered under advisement of an arborist. It is the intent of the City Council to mitigate the disturbance of wetlands by construction of the Zone IV H2O Distribution Project by the following mitigation measures: a. The following measures are required to reduce the disturbance or removal of wetland vegetation during construction: i Locate staging areas for construction vehicles and equipment away from the banks of creeks and drainage ditches as feasible. ii Locate storage areas for construction vehicles and equipment and areas for congregation of construction workers away from the banks of creeks and drainage channels. iii Limit the number of private vehicles at construction sites near creeks or drainage channels. iv Limit human activity near creeks and drainage channels to activity absolutely necessary for construction. v Construct simple bridges of wood or metal for creek crossings. It is the intent of the City Council to mitigate the disturbance of cultural/historical/archeological sites/remains by the following mitigation measures: a. The following mitigation measures are required to minimize archaeological impacts to levels of insignificance. i In the event that materials (including human skeletal remains) should be discovered while digging out the existing ditches in Manor Lane for water main installation or within the small pond in the narrow swale to be replaced by the larger reservoir, work shall. be temporarily suspended within a short linear distance (approximately 5 meters/15 feet) of the discovery location, until an archaeologist can be contacted to view the material and determine its value. ii Once examined and determined to be potentially important, the material shall be photographed and/or collected using appropriate Reso. 90-202 N.C.S. techniques. While the material is under evaluation and/or scientific recovery, the underground excavation should be relocated to another trench segment or area and allowed to proceed, unless additional discoveries are made. iii Depending on the type and concentration of discovered artifacts or deposits, it may be advisable to have the remainder of the trench or excavation area monitored b~ an archaeologist to insure that additional materials are not discovered or damaged unnecessarily. This provision seems especially worthwhile in the Adobe Road/Frates Road segment, since the frontage of both roads contain definite evidence of aboriginal soil deposits and artifacts indicative of a major village site. iv In the case of the Adobe Road/Frates Road intersection, where midden deposits and stone artifacts have been definitely observed, no drilling, grading or similar underground excavation will. be allowed without the direct supervision of an archaeological monitor. The monitor shall have the right to temporarily suspend any and all activities within a reasonable distance from the discovery location (no less than 5 meters radially from the place). Potentially significant prehistoric Native American cultural materials that could be encountered included midden soil deposits, .fire-affected rocks, and/or domestic or mortuary features such as housepit depressions, artifact caches, or human skeletal remains. v During the suspension of underground excavation or water main installation, the archaeologist shall strive to quickly assess the scientific and cultural significance of the discovered material and implement appropriate recording, data recovery (salvage), or protective measures. vi The discovery of human skeletal .remains will necessitate the immediate suspension of all work in close proximity to the remains until the County Coroner, City Planners, and Native American Heritage commission can be contacted to put an appropriate mitigation plan into effect (Appendix E). The wishes of the locally designated Native American representative shall be followed as to whether reburial will occur in the same place as the discovery location or if the remains will be disintered and reburied elsewhere. vii The State Parks and Recreation Department shall. be contacted before water main installation begins, so that the City Planners and Engineers can determine whether or not significant artifacts or remains have been found on earlier Park projects which border the City rights of way. Additionally, the Park staff might also be able to tell the City if human skeletal remains have been found previously, and how these human remains have been treated in the past. Prior determination of a potential reburial location outside the project limits, could significantly reduce the time delays that would ensue if a major discovery were made in the Adobe Road alignment. 4. In view of the Council's stated intent and mitigations incorporated as part of the Zone IV H2O Distribution Project as discussed above, and by the initial study: a. The project, as conditionally approved, does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce Reso. 90-202 N.C.S. the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. b. The project, as conditionally approved, does not have the potential to achieve short-term to the disadvantage of long-term, environmental goals. c. The project, as conditionally approved, does not have impacts which are individually limited, but cumulatively considerable. d. The project, as conditionally approved, does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. e. The project is consistent with and further promotes the objectives, goals, and policies of the General Plan. BE IT FURTHER RESOLVED that the Council directs the Planning Director to post and circulate this mitigated negative declaration pursuant to law. ndzoneiv / council3 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) gon~xi~x~le;a~l~ meeting on the _....__...1.&lrb...... day of ....................Iui~e.............................., 19....E Q by the following vote: .••.••• •-- •- - - • City Attorney AYES: Tencer, Woolsey, Cavanagh, Davis, Vice Mayor Sobel, Mayor Hilligoss NC+ES: ~ ABSENT: Ba 1 __ ATTEST: ..-_ ... a....~. ~ ........ ............ ... ...... City Clerk e l ., ._ Mayor Council File........-•--° ...................... CA ]0-85 ~ Res. No. .......go._.2.0.~.... N.C.S.