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HomeMy WebLinkAboutResolution 2009-072 N.C.S. 05/18/2009Resolution No. 2009-072 N.C.S. of the City of Petaluma, California ADOPTING A MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR LOGAN PLACE LOCATED AT 1200 PETALUMA BOULEVARD NORTH, APN 019-020-013 WHEREAS, the Burbank Housing Development Corporation has applied to rezone the property to a Planned Unit District (PUD) and has proposed the associated Development Plan and PUD Standards ("the Project"); and, WHEREAS, the City of Petaluma ("City") prepared an Initial Study for the proposed Project consistent with the California Environmental Quality Act (CEQA) and pursuant to 14 California Code of Regulations Section 15064(f)(2), and determined that a Mitigated Negative Declaration was required to analyze the potential significant environmental impacts of the Project; and, WHEREAS, in evaluating certain potential environmental effects of the Project in the Initial Study, including but not limited to effects of climate change, water supply, and traffic, the City relied on the program EIR for the City of Petaluma General Plan 2025, certified with appropriate findings of fact on April 7, 2008 with the adoption of Resolution No. 2008-084 N.C.S.; and, WHEREAS, the Project Initial Study and Mitigated Negative Declaration found that with the specified mitigation measures relating to potential air quality, biology, and noise, Project impacts would be avoided or reduced to a level of insignificance, other than effects on climate change resulting from greenhouse gas emissions from the Project; and, WHEREAS, as to the incremental contribution of this Project to cumulative climate change, the Initial Study -and Mitigated Negative Declaration analyzed additional information regarding this Project and determined that Logan Place is consistent with all current State measures and General Plan 2025 policies regarding greenhouse gas reduction, but also that after careful investigation, because of the difficulty of determining individual contributions to climate change from projects as small as Logan Place, the Project's direct andlor incremental. contribution to cumulative climate change is too speculative to determine; and, WHEREAS, on or before March 13, 2009, the City's Notice of Intent to Adopt Mitigated Negative Declaration based on the Initial Study, providing for athirty-day public comment period commencing March 13, 2009 and ending April 14, 2009 and a Notice of Public Hearing to be held on April 14, 2009 before the City of Petaluma Planning Commission was published and mailed to all residents and property owners within 500 feet of the Project as well as all persons having requested special notice of said proceedings; and, WHEREAS, a staff report dated April 14, 2009 and incorporated herein by reference, described and analyzed the Project and the Mitigated Negative Declaration, including its supporting technical studies and reports; and, Resolution No. 2009-072 N.C.S. Nage 1 W1-IEREAS, the Planning Commission held a public hearing on April 14, 2009, during which-the Commission considered the Project and the Mitigated Negative Declaration 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 hearing; and, WHEREAS, supplemental information in response to a neighbor's concern about fire egress was provide at the April 14, 2009 Planning Commission meeting by the Acting Fire Marshall confirming that the Project does not pose a safety concern; and, WHEREAS, on April 14, 2009, the Planning Commission completed its review of the Project and the Mitigated Negative Declaration, mitigation measures, and a Mitigation Monitoring Program and recommended adoption of the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program; and, WHEREAS, based in part on its recommendation of a Mitigated Negative Declaration, the Planning Commission recommended approval of other Project entitlements; and, WHEREAS, an Agenda Bill, dated May 18, 2009 and incorporated herein by reference, described and analyzed the Mitigated Negative Declaration, including comments and responses, and the Project for the City Council; and, WHEREAS, the City Council reviewed the Mitigated Negative Declaration, all supporting documents, including but not limited to the Initial Study, the recommendation of the Planning Commission, staff reports and related materials, public comments and all evidence presented at or before a noticed public hearing on May 18, 2009, at which time all interested parties had the opportunity to be heard; and, WHEREAS, the Mitigated Negative Declaration identifies mitigation measures applicable to the Project, as set forth in Exhibit A to this Resolution and incorporated herein by reference; and, WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring and Reporting Program has been prepared as set forth in Exhibit B to this Resolution and incorporated herein by reference; and, WHEREAS, the Initial Study, its reports and supporting documents and all information and documents referred to and incorporated herein by reference constitute the Mitigated Negative Declaration for the Project and reflect the City's independent judgment and analysis on the potential for environmental impacts from the Project; and, WHEREAS, the Project does not have the potential to have a significant adverse impact on wildlife resources as defined in the State Fish and Game Code, either individually or cumulatively, though it is not exempt from Fish and Game filing fees; and, WHEREAS, the Project is not located on a site listed on any Hazardous Waste Site List compiled by the State pursuant to Section 65962.5 of the California Government Code; and, WHEREAS, the Mitigated Negative Declaration and related Project and environmental documents, including the Initial Study, its supporting documents and all information and Resolution No. 2009-072 N.C.S. Page 2 documents incorporated herein by reference are available for review at Petaluma City Hall, Community Development Department, File No. 08-SPC-0525-CR 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, 1 I English Street; Petaluma, CA 94952, Attention: Tiffany Robbe. NOW, THEItEF'ORE, BE IT RESOLVED THAT: The foregoing recitals are true and correct and made a part'of this resolution. 2. The Mitigated Negative Declaration, including the Initial Study, its supporting studies and documents, and all information referred to and/or incorporated herein adequately describes the impacts of the Project. There is no substantial evidence in light of the whole record before the City that the Project as mitigated will have a significant effect on the environment nor is there a fair argument that the Project as mitigated will have a significant effect on the environment. 3. The City Council reviewed and considered the Mitigated Negative Declaration, including the Initial Study, its supporting studies and documents, all comments and evidence relating to environmental effects of the Project and all materials referred to and/or incorporated herein before approving the Project and hereby adopts the Mitigated Negative Declaration as complete, adequate, and in compliance with CEQA, the State CEQA Guidelines, and the City of Petaluma Environmental Guidelines. 4. The City Council adopts the Mitigation Measures set forth in Exhibit A hereto and incorporated herein by reference as conditions of approval of the Mitigated Negative Declaration and the Project. 5. The City Council adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit B hereto as a requirement of approval of the Project. Under the power and authority conferred upon this Councilby the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the /Ap rov d as to Council of the City of Petaluma at a Regular meeting on the 18`h day o~f May, 2009, 1// fo by the following vote: AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt NOES: None ABSENT: None ABSTAIN: None ~ ,1 ~- ~, ~~ ~~~ 1` ATTEST: l.~ .~ ~ r ~ ~--'' City Clerk Cif Attorney Resolution No. 2009-072 N.C.S. Page 3 Exhibit A 11Aitigatioln IVleasulres MITIGATION MEASURES: Air Quality AQ-l: The Applicant shall incorporate the following Best Management Practices into the construction and improvement plans and clearly indicates these provisions in the specifications. Additional measures may be required by the City's Engineering Division. Feasible Control Measures for Construction Emissions of PMto Basic Control Measures -The following controls .should be implemented at all construction sites. • Water all active construction areas at least twice daily. • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. • Pave, apply water three times daily, or apply (non-toxic.) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. • Sweep daily (preferably with water sweepers) all paved access roads, parking areas and staging areas at construction sites. • Sweep streets daily (preferably with water sweepers) if visible soil material is carried onto ad~acent ublic streets. Biolo Bio-l : To avoid any potential "take" to nesting passerines: m Grading or removal of nesting shrubs and grassland shall be conducted outside the nesting season, which occurs between approximately February 15 and August 15. • If grading between August 15 and February 15 is not feasible, and groundbreaking must occur within the breeding season, apre-construction nesting bird survey of the grasslands and adjacent shrubs shall be performed by a qualified biologist within 7 days of groundbreaking. o If no nesting birds are observed no further action is required and grading shall occur within one week of the survey to prevent "take" of individual birds that could begin nesting after the survey. o If bird nests are observed during the pre-construction survey, adisturbance-free buffer zone shall be established around the nest(s) until the young have fledged, as determined by a qualified biologist. The radius of the required buffer zone can vary depending on the species, (i.e., 75-100 feet for passerines and 200-300 feet for raptors), with the dimensions of any required buffer zones to be determined by a qualified biologist in consultation with CDFG. To delineate the buffer zone around a nest site, orange construction fencing shall be placed at the specified radius from the nest site within which no machinery or workers shall intrude. • After the fencing is in place there will be no restrictions on grading or construction activities outside the prescribed buffer zones. Bio-2: Prior to Issuance of any Grading or Building permit, the applicant shall: A. Comply with the Army Corp's Nationwide Permit authorization letter dated August 27, 2008 including the conditions to purchase and submit a confirmation of the purchase of credits equivalent to at least .05 acres of seasonal wetland from the Laguna Valley Mitigation Bank and B. Submit to the City Planning Division a copy. of the Army Corps written approval of the mitigation bank. purchases and any other written record of compliance. C. Submit to the City Planning Division a copy of the 401 authorization. Resolution No. 2009-072 N.C.S. Yage 4 Noise N-l : Residences within the podium building shall be equipped with forced-air mechanical ventilation satisfactory to the local building official to allow the occupants the option of maintaining the windows closed to control noise. Multi-family units adjacent to the roadway and railroad will also require additional sound-rated building elements (e.g.; windows and doors). Prior to building permit issuance, but after the building elevations and floor plans are finalized, a qualified acoustical engineer shall confirm window and door sound transmission class ratings. Resolution No. 2009-072 N.C.S. Page 5 i/xhibit B a~ALU ~ City of Petaluma, California Community Development Department Planning Division ~85a I 1 English Street, Petaluma, CA 94952 Projec4 R~arne: d.®gala PIaCe File IVue~nber: 08-SPC-0525-CIS ~-ddress/Location: 120® Pe$a9urna boulevard Plor~h Reporting/nllonitoring Record - iVlitigation IVleasures This document has been developed pursuant to the California Environmental Quality Act, Public Resource Code Section 21.081.6 to ensure proper and adequate monitoring or. reporting in conjunction with project(s) approval which relies upon a Mitigated. Negative Declaration or an Environmental Impact Report. Air Quality: Mitigation Measures ENG FM The Applicant shall incorporate the following Best Management Practices into the construction and improvement plans and clearly indicates these provisions in the specifications. Additional measures may be required by the City's Engineering Division. ® Sweep streets daily (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. ENG FM Feasible Control Measures for Construction Emissions of PM,o Basic Control Measures -The following controls should be implemented at all construction sites. • Water all active construction areas at least twice daily. ® Cover all trucks hauling soil, sand, and other loose materials or require all tnicks to maintain at least two feet of freeboard. ® Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites o Sweep daily (preferably with water sweepers) all paved access roads, parking areas and staging areas at construction sites. Sweep streets daily (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. Department PD Planning Division FM Fire Marshal ENG .Engineering Div. of PW BD Building Division Requested B y or Due Date FM Final Map BP Building Permit CO Certificate of Occupancy SPARC Site Plan and Architectural Review Committee LTM Long-Terns Monitorin L®ga~ glace City of Petaluma, California Reporting/Monitoring Record -Mitigation Measures for Approval ~7~~~s C73Gl1o "' '~~' , ~ -. Biological Resources: Mitigation Measures PD BP Bio-1: To avoid any potential "take" to nesting passerines: ® Grading or removal of nesting shrubs and grassland shall be conducted outside the nesting season, which occurs between approximately February 15 and August 15. ® If grading between August 15 and February 15 is not feasible, and groundbreaking must occur within the breeding season, apre-construction nesting bird survey of the grasslands and adjacent shrubs shall be performed by a qualified biologist within 7 days of groundbreaking. o If no nesting birds are observed, no further action is required and grading shall occur within one week of the survey to prevent "take" of individual birds that could begin nesting after the survey. o If bird nests are observed during the pre-construction survey, adisturbance- free buffer zone shall be established around the nest(s) until the young have fledged, as determined by a qualified biologist. ® The radius of the required buffer zone can vary depending on the species, (i.e., 75-100 feet for passerines and 200-300 feet for raptors), with the dimensions. of any required buffer zones to be determined by a qualified biologist in consultation with CDFG. ® To delineate the buffer zone around a nest site, orange construction fencing shall be placed at the specified radius from the nest site within which no machinery or workers shall intrude. m After the fencing is in place there will be no restrictions on grading or construction activities outside the prescribed buffer zones. PD BP Bio-2: Prior to Issuance of any Grading or Building permit, the applicant shall: A. Comply with the Army Corp's Nationwide Permit authorization letter dated August 27, 2008 including the conditions to purchase and submit a confirmation of the purchase of credits equivalent to at least .OS acres of seasonal wetland from the Laguna Valley Mitigation Bank and B. Submit to the City Planning Division a copy of the Army Corps written approval of the mitigation bank purchases and any other written record of compliance. C. Submit to the City Planning Division a copy of the 401 authorization. Department PD Planning Division FM Fire Marshal ENG Engineering Div of PW BD Building Division Requested By or Due Date FM Final Map BP Building Permit CO Certificate of Occupancy SPARC Site Plan and Architechiral Review Committee LTM Long-Term Monitoring 12 Logan glace Reporting/Monitoring Record -Mitigation Measures for Approval r ,.. ~,, ~' ;. ~- ~:; c r' s" ~: Noise: Mitigation Measures City of Petaluma, California PD 13P N-1: Residential units within the podium building shall be equipped with forced-air mechanical ventilation satisfactory to the local building official to allow the occupants the option of maintaining the windows closed to control noise. Multi- family units adjacent to the roadway and railroad will also require additional sound- rated building elements (e.g., windows and doors). Prior to building permit issuance, but after the building elevations and floor plans are finalized, a qualified acoustical engineer shall confirm window and door sound transmission class ratings. Mandatory Findings of Sianificance. IMPLEMENTATION: ENG/ BP 1. The applicant shall be required to obtain all required perrrrits from responsible PD agencies and provide proof of compliance to the City prior to issuance of grading permits or approvals of improvements plans. ENG/ BP - 2. The applicant shall incorporate all applicable code provisions and required PD mitigation measures and conditions into the design and improvements plans and specifications for the project. ENG/ BP 3. The applicant shall notify all employees, contractors, and agents involved in the PD project implementation of mitigation measures and conditions applicable to the project and shall ensure compliance with such measures and conditions. Applicant shall notify all assigns and transfers of the same. ENG/ BP 4. 1'he applicant shall provide for the cost of monitoring of any condition or PD mitigation measure that involves on-going operations on the site or long-range improvements, such as archaeological resources, etc. Department Renuested By or Due Date 13 PD Planning Division FM Final Map FM Fire Marshal BP Building Permit ENG Engineering Div of PW CO Certificate of Occupancy BD Building Division SPARC Site Plan and Architectural Review Committee LTM Long-Term Monitoring 6.®gara P6ace City of Petaluma, California Reporting/Monitoring Record -Mitigation Measures for Approval -~. ~ ;- MONITORING: ENG/ EM 1.. The Building Division, Planning Division, Engineering Section and Fire PD/ /I3P Departments shall review the improvement and construction plans for FM 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. ENG/ BP 2. The Planning Division shall ensure that the applicant has obtained applicable PD 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. ENG/ CO 3. Prior to acceptance of improvements or issuance of a Certificate of Occupancy, all PD improvements shall be subject to inspection by City staff for compliance with the project description, permit conditions, and approved development or improvement plans. CONSTRUCTION MEASURES: ENG/ BP - 1. The applicant shall designate a project manager with authority to implement all PD 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. PD BP 2. Mitigation measures required during construction shall be listed as conditions on the building or grading permits and signed by the contractor responsible for construction. ENG/ CO 3. City inspectors shall insure that construction activities occur with the approved PD plans and conditions of approval. ENG/ BP 4. If deemed appropriate by the City, the applicant shall arrange apre-construction PD conference with the constntction contractor, City staff and responsible agencies to review the mitigation measures and conditions of approval prior to the issuance of grading and building permits. S:\Planning\CEQA Docs (all)\Mitigation Monitoring\Logan Place.doc Department Requested By or Due Date 14 PD Planning Division FM Final Map FM Fire Marshal BP Building Permit ENG Engineering Div of PW CO Certificate of Occupancy BD Building Division SPARC Site Plan and Architectural Review Committee LTM Long-Term Monitoring