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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