HomeMy WebLinkAboutResolution 2009-136 N.C.S. 08/03/2009Resolution No. 2009-136 N.C.S.
of the City of Petaluma, California
ADOPTING A 1VIITIGATED NEGATIVE DECLARATION AND A
MITIGATION 1VIONITORING AND REPORTING PROGRAIVI
FOR THE BIRCHES SiJBDIVISION
LOCATED AT 870 WOOD SORREL, APN 019-020-013
WHEREAS, the applicant 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 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 The Birches 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 The Birches, the Project's direct and/or incremental
contribution to cumulative climate change is too speculative to determine; and
WHEREAS, on or before February 26, 2009, the City's Notice of Intentto Adopt
Mitigated Negative Declaration based on the Initial Study, providing for atwenty-day public
comment period commencing February 19, 2009 and ending March 24, 2009 and a Notice of
Public Hearing to be held.. on March 24, 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 March 24, 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. 2009-136 N.C.S. Page 1
WHEREAS, the Planning Commission held a public hearing on March 24, 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, at that hearing, the Planning Commission expressed their dissatisfaction
that the proposed roadway in the area of lots 9-14 was not designed to accommodate delivery
and garbage trucks and acted to continue the project to a date certain, May 12, 2009, to allow the
applicant time to make improvements; and,
WHEREAS, a further staff report dated May 12, 2009 and incorporated herein by
reference, summarized the proposed roadway modifications and the other changes which the
applicant made in response to concerns expressed by more than one Planning Commissioner and
the public; and,
WHEREAS, the Planning Commission held a second public hearing on May 12, 2009.,
during which the Commission again 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, on May 12, 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,
WHEIE2EAS, an Agenda Bill, dated July 6, 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 hearings on July 6 and August 3, 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,
Resolution No. 2009-136 N.C.S. Page 2
W)FIEREAS, 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,
WI-IEREAS, 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
documents incorporated herein by reference are available for review at Petaluma City Hall, File
No. OS-TSM-0369-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, 11
English Street, Petaluma, CA 94952, Attention: Tiffany Robbe.
N®W, TI-IEREF®RE, 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 Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 3`d day of August,
2009, by the following vote:
AYES: Vice Mayor Barrett, Glass, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: Harris, Healy
ABSTAIN: None
ATTEST:
City Clerk
ey
Resolution No. 2009-136 N.C.S. Page 3
Exhibit A
Mitigation Measures
MITIGA'I'I®N MEASITRES:
Air Quality
AQ-1: 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.
1'G[lJl V1G l.. Vll L1 V1 1~1GQJllI VJ 1Vl VV11J 1111 ~,11V 11 •~.a11aJJaV 1aJ Vl l lea
Basic Control Measures -The following controls. should lbe 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 adjacent public streets.
Noise
N-1: To reduce outdoor noise levels to an Ldn of 60 dBA or less within the rear yards of the
proposed homes that would otherwise be impacted by road noise, construct solid walls or an
earth berm with a wall above as the rear fence at lots 16 to 21 and the street side fence at lots 1,
16, and 21. The sound wall shall have a height of 6 feet above the final pad grades (see noise
study). To be effective as a noise barrier the walls should be built without cracks or gaps in the
face or base, have a minimum surface weight of 3.0 lbs. per sq. ft., and be capable of reducing
noise traveling directly through it by a minimum of 15 dBA. A wood fence built with a double
layer of 1"nominal thickness fence boards, where the second layer of boards installed to cover
the joints of the first layer will meet these surface weight and noise reduction requirements.
Other wall types that will provide the needed level of noise reduction include masonry block and
concrete panel walls.
N-2: To reduce indoor noise during train future train passbys within the proposed homes to a
maximum level of 55 dBA, provide home construction and ventilation techniques and materials
necessary to reduce interior noise levels within all homes where second story bedroom windows
will give a clear view of the rail line. The following items may be required in order to achieve
an interior maximum noise level of 55 dBA within bedrooms when trains pass the site:
• Smaller window and door sizes as percentage of the total facade facing the rail line;
® Sound-rated windows (estimated STC 32 to 35);
® Mechanical Ventilation (so windows may be kept closed at the discretion of the occupants); and
® Sound Rated Exterior wall assemblies (estimated at STC 45 -which may be met by a exterior
insulated wood frame wall with a 7/8" three coat stucco finish).
N-3: Because of the proximity to existing residences to the site, construction activities shall be
restricted as follows: These restrictions shall be noted in all related construction contracts:
Resolution No. 2009-136 N.C.S. Page 4
® Construction Scheduling. The following, measures are recommended to limit construction and
related activities to the portion of the day when the number of persons in the adjacent residential
uses is lowest:
a. Limited construction hours to between 7:30 a.m. and 7:00 p.m. Monday through Friday and 9:00
a.m. to 7:00 p.m. on Saturdays. Prohibit construction on Sundays and all holidays recognized by
the City of Petaluma;
b. Do not allow the on-site cleaning or servicing of machinery on weekends or before 7:15 a.m. or
past 7:45 p.m. Monday through Friday; and
c. Limit the allowable hours for the delivery of materials or equipment to the site and truck traffic
coming to and from the site for any purpose to weekday (Monday through Friday) non-holiday
hours between 7:30 a.m. and 7:00 p.m.
® Construction Equipment Mufflers and Maintenance. Properly muffle and maintain all
construction equipment powered by internal combustion engines.
® Idling Prohibitions. Prohibit unnecessary idling of internal combustion engines. Equipment
should be turned off when not in use.
® Equipment Location and Shielding. Locate all stationary noise-generating construction
equipment, such as air compressors, as far as practical from the adjacent homes. Acoustically
shield such equipment when it must be located near adjacentresidences.
® Quiet Equipment Selection. Select quiet construction equipment,. particularly air compressors,
whenever possible. (Fit motorized equipment with proper mufflers in good working order.)
® Noise Disturbance Coordinator. Designate a "noise disturbance coordinator" who would be
responsible for responding to any local complaints about construction noise. This individual
would most likely be the contractor or a contractor's representative. The disturbance coordinator
would determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and
would require that reasonable measures warranted to correct the problem be implemented.
Conspicuously post a telephone number for the disturbance coordinator at the construction site
and include it in the notice sent to neighbors regarding the construction schedule.
Resolution No. 2009-136 N.C.S. Page 5
~XIIIBIT B
a~~~LU ~ City o, f Petaluma, California
Community Development Department
Planning Division
r8as 11 English Street, Petaluma, CA 94952
Project idaene: The Birches Subd'avisa®n
File Nure~ebere ®5-TSM-®369-CR
la-ddressll.ocataon: 57® Wo®d S®rrel ®rive
Reporting/Monitoring Record -Mitigation Measures
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 AQ-1 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 Constriction Emissions of PMio
Basic Control Measures -The following controls should be implemented at ,all
construction sites.
® Water all active construction areas at least twice daily.
® Cover al 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 stating 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 adjacent public streets.
Noise: Mitigation Measures
PD BP N-1 To reduce outdoor noise levels to an Ldn of 60 dBA or less within the rear yards
of the proposed homes that would otherwise be impacted by road noise, construct solid
walls or an earth berm with a wall above as the rear fence at lots 16 to 21 and the street
side fence at lots 1, 16, and 21. The sound wall shall have a height of 6 feet above the
fmal pad grades (see noise study). To be effective as a noise barrier the walls should be
built without cracks or gaps in the face or base, have a minimum surface weight of 3.0
lbs. per sq. ft., and be capable of reducing noise traveling directly through it by a
minimum of 15 dBA. A wood fence built with a double layer of 1" nominal thickness
Department Requested B y or Due Date
PD Planning Division FM Final Map
FM Fire Marshal BP Building Permit
ENG Engineering CO Certificate of Occupancy
BD Building Division SPARC Site Plan and Architectural. Review Committee
LTM Long-Term Monitorin
Resolution No. 2009-136 N.C.S. Page 6
The birches-~7® VYood Soe~el ®reve City of Petaluma, California
PD BP N-2 To reduce indoor noise during train future train passbys within the proposed
homes to a maximum level of 55 dBA, provide home construction and ventilation
techniques and materials necessary to reduce interior noise levels within all homes
where second story bedroom windows will give a clear view of the rail line. The
following items maybe required in order to achieve an interior maximum noise level of
55 dBA within bedrooms when trains pass the site:
® Smaller window and door sizes as percentage of the total facade facing the rail line;
o Sound-rated windows (estimated STC 32 to 35);
o Mechanical Ventilation (so windows maybe kept closed at the discretion of the
occupants); and
® Sound Rated Exterior wall assemblies (estimated at STC 45 -which maybe met by
. a exterior insulated wood frame wall with a 7/8" three coat stucco finish).
Department _ Reuuested B y or Due Date
PD Planning Division FM Final Map
FM Fire Marshal BP Building Permit
ENG Engineering CO Certificate of Occupancy
BD Building Division SPARC Site Plan and Architectural Review Committee
LTM Long-Term Monitoring
Resolution No. 2009-136 N.C.S: Page 7
The Sirches-~7® V16ood Sorrel ®rive City of Petaluma, California
Reporting/Monitoring Record -Mitigation Measures for Approval
PD BP
N-3 Because of the proximity to existing residences to the site, construction activities
shall be restricted as follows: These restrictions shall be noted in all related
construction contracts:
® Construction Scheduling. The following measures are recommended to limit
construction. and related activities to the portion of the day when the number of
persons. in,the adjacent residential uses is lowest:
a. Limited construction hours to between 7:30 a.m. and 7:00 p.m. Monday through
Friday.and 9:00 a.rn. to 7:00 p.m. on Saturdays. Prohibit construction on
Sundays and all holidays recognized by the City of Petaluma;
b. Do not allow the on-site cleaning or servicing of machinery on weekends or
before 7:15 a.m. or past 7:45 p.m. Monday through Friday; and
c. Limit the allowable hours for the delivery of materials or equipment to the site
and. truck traffic corning to and from the site for any purpose to weekday
(Monday through Friday) non-holiday hours between 7:30 a.m. and 7:00 p.m.
® Construction Equipment Mufflers and Maintenance. Properly muffle and maintain
all construction equipment powered by internal combustion engines.
o Idling Prohibitions. Prohibit unnecessary idling of internal combustion engines.
Equipment should be turned off when not in use.
® Equipment Location and Shielding. Locate all stationary noise-generating
construction equipment, such as air compressors, as far as practical from the
adjacent homes. Acoustically shield such equipment when it must be located near
adjacent residences.
o Quiet Equipment Selection. Select quiet construction equipment, particularly air
compressors, whenever possible. (Fit motorized equipment with proper mufflers in
good working order.)
® Noise Disturbance Coordinator. Designate a "noise disturbance coordinator" who
would be responsible for responding to any local complaints about construction
noise. This individual would most likely be the contractor or a contractor's
representative. The disturbance coordinator would determine the cause of the noise
complaint (e.g., starting too early, bad muffler, etc.) and would require that
reasonable measures warranted to correct the problem be implemented.
Conspicuously post a telephone number for the disturbance coordinator at'the
construction site and .include it in the notice sent to neighbors regarding the
construction schedule.
Deaartment Reuuested By or Due Date
PD Planning Division FM Final Map
FM Fire Marshal BP Building Permit
ENG Engineering CO Certificate of Occupancy
BD Building Division SPARC Site Plan and Architectural Review Committee
LTM Long-Term Monitoring '
Resolution No. 2009-136 N.C.S. Page 8
'The Birches-87® UV®®d S®rrei ®rive City of Petaluma, California
Reporting/Monitoring Record -Mitigation Measures for Approval
IIVIPLEMENTATION:
ENG/ BP 1. The applicant shall be required to obtain all required permits 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. The 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.
Deaartment Requested By or Due Date
PD Planning Division FM Final Map
FM Fire Marshal BP Building Permit
ENG Engineering CO Certificate of Occupancy
BD Building Division SPARC Site Plan and Architectural Review Committee
LTM Long-Term Monitoring
Resolution No. 2009-136 N.C.S. Page 9
'i'he ~6rches-8'70 W®od 8oe~rel ®r~ve City of Petaluma, California
Reporting/Monitoring Record -Mitigation Measures for Approval
MONITORING:
ENG/ FM 1. The Building Division, Planning Division, Engineering Section and Fire
PD/ /BP 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 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.
S:~Planning\CEQA Docs (all)V~Iitigation Monitoring1870 Woad Sorrel-The Birches.doc
Department
PD Planning Division
FM Fire Mazshal
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-Term Monitoring
Resolution No: 2009-136 N.C.S. Page 10