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HomeMy WebLinkAboutResolution 2005-086 N.C.S. 06/06/2005 Resolution No. Zoos-os6~,C,~, of the City of Petaluma, California APPROVAL OF THE VESTING TENTATIVE SUBDIVISION MAP FOR THE LOMAS SUBDIVISION WHICH WOULD CREATE 135 SINGLE FAMILY RESIDENTIAL LOTS, 47 VIEW UNIT LOTS, 92 TOWNHOME UNITS, 10 OPEN SPACE PARCELS AND ONE (1) REMAINDER PARCEL LOCATED AT 1500-1600 PETALUMA BOULEVARD SOUTH; APN 019-210-010, -011, -026, -038 & -039; 019-220-012 & -027 FILE No. 03-GPA-0560 WHEREAS, by Ordinance No. 2211 N.C.S., Assessor's Parcel Numbers (APN) comprising 46.8 acres, has been prezoned to Planned Unit Development; and WHEREAS, the Planning Commission reviewed the proposal on November 23, 2004 and February 8, 2005; and WHEREAS, the City Council finds that the requirements of the California Environmental Quality Act (CEQA) have been satisfied through the preparation of an Initial Study and adoption of Resolution No.2005-025 N.C.S., approving a Mitigated Negative Declaration to address the specific impacts of the Lomas project; and. WHEREAS, the City Council considered the Lomas project on February 15 and June 6, 2005, and considered all written and verbal communications concerning potential environmental impacts resulting from the project before rendering a decision; NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Vesting Tentative Subdivision Map for the Lomas project subject to the following Findings and Conditions: FINDINGS: 1. The proposed Vesting Tentative Subdivision Map, as conditioned, is consistent with the provisions of Title 20, Subdivisions, of the Municipal Code (Subdivision Ordinance) and the State Subdivision Map Act. 2. That the proposed subdivision, together with provisions for its design and improvements, is consistent with the General Plan, and will not be detrimental to the public health, safety, or welfare in that adequate public facilities exist or will be installed, including roads, sidewalks, water, sewer, storm drains, and other infrastructure. 3. That the site is physically suitable for the density and the type of development proposed. Resolution No. 2005-086 N.C.S. 4. That the design of the subdivision and the proposed improvements will not cause substantial environmental damage, and that no substantial or avoidable injury will occur to fish or wildlife or their habitat. An Initial Study was prepared indicating that there would be no significant, environmental impacts that could not be mitigated. CONDITIONS OF APPROVAL: Fronz Planning Division 1. The applicant shall dedicate a public access easement along the southwestern boundary of the project site to connect to the pedestrian access easement provided on the adjacent Riverview property. The precise location of the public access easement shall be determined by the City Engineer and shall be reflected on the final map. 2. Prior to recordation of the final map, the applicant shall consult with the State Lands Commission regarding the property boundary along the Petaluma River. 3. After annexation and prior to the issuance of any development permit, the developer shall complete the Site Plan and Architectural Review process which includes, but is not limited to, the review and approval of the final architecture, landscaping, lighting and PUD Guidelines and Development Standards. Per City Council direction, it is within the discretion of SPARC to require that the size and mass of some of the single family homes be reduced in order to reduce the visual/massing impacts of the project. This shall include but not be limited to .requiring that some of the single family homes be single- level homes in order to provide a variety of housing types within the development, consistent with General Plan policies. From the Fire Marshal 4. In lieu of providing a lot dedication for a new fire station within the subdivision, the project sponsor has agreed to provide a contribution of $500,000 toward the construction of a new Fire Station No.l on Petaluma Boulevard. This contribution shall be submitted to the City of Petaluma prior to the issuance of a building permit for the Lomas development. 5. The number and final location of fire hydrants shall be reviewed and approved by the Fire Marshal. 6. All turn radii shall conform to standards for Fire Department aerial truck. 7. Driveway cuts shall be required for access for brush fire fighting apparatus. The location of driveway access points shall be subject to approval of the Fire Resolution No. 2005-086 N.C.S. Page 2 Marshal. From the City Engineer Frontage Improvements 8. Construct half street improvements along the entire Petaluma Blvd. South frontage per the approved Central Petaluma Specific Plan including but not limited to: pavement construction and reconstruction, curb, gutter, sidewalk, striping, streetlights, bike lanes, fire hydrants, and landscaping. The street section shall be at least 6-inches of asphalt concrete over 21-inches of class 2 aggregated base. The developer may have the existing pavement evaluated and tested with a recommendation to bring the road section to arterial standards. The section width shall include two 6-foot bike lanes, two 8-foot parking lanes, two 12-foot travel lanes and two nine-foot wide sidewalks with 4-foot tree wells. 9. A City standard traffic signal shall be constructed at the intersection of Petaluma Blvd. South and the proposed project entrance. Necessary improvements related to the traffic signal including but not limited to, left turn lane channelization, crosswalks, etc. shall be installed per City Standards and the Traffic Impact Study by W-Trans dated November 5, 2003, and any subsequent traffic impact studies prepared as part of the City's plan line study for the extension of Caulfield Lane (Southern Crossing). The traffic signal design shall incorporate the necessary improvements required for the future extension of Caulfield Lane (Southern Crossing) and signal coordination Along Petaluma Blvd. South The proposed traffic signal shall be reviewed, approved and inspected by the City of Petaluma Community Development Engineering staff or, at the City's discretion, a Traffic Engineering consultant selected by the City. The developer shall be responsible for all consultant fees related to this item. 10. Pavement. sections on all areas of Petaluma Blvd. South, including off-site portions that are annexed into the City by LAFCO in conjunction with this project, shall be reconstructed, by the developer, to arterial standards as described in condition of approval 8. The necessary utilities (mains, services, laterals, etc.) shall be installed for future connections. The exact location and nature of the improvements are subject to approval by the City Engineer. 11. A temporary 8-foot wide AC path shall be installed offsite, on both sides of Petaluma Blvd. South, from the project site connecting to the McNear Landing project on the east side of Petaluma Blvd. South and the intersection of McNear Avenue and Petaluma Blvd. South on the West Side. The path shall be designed to accommodate pedestrians and bicycles. Resolution No. 2005-086 N.C.S. Page 3 Grading 12. The developer is responsible for funding a third party geotechnical/geological review throughout the reclamation plan construction process and any subsequent site development. The City of Petaluma and County of Sonoma shall select the firm that will perform this item of work. The third party consultant shall work for the City. The City will coordinate this process with the County. 13. Cut and fill information shall be provided on the improvements plans. 14. Grading shall conform to the soils investigation report, all addendums and the approved grading reclamation plan. 15. Prepare and submit an erosion control plan, storm water pollution prevention plan (SWPPP) and a notice of intent (NOI). A notice of termination (NOT) is required upon completion of the project. The developer/contractor shall hire a Certified Professional in Erosion and Sediment Control (CPESC) to coordinate the project storm water management plan throughout the construction process. 16. Post-construction best management practices shall be incorporated into the subdivision improvement plans. 17. Any existing structures above or below ground shall be removed if not a part of the new subdivision. Structures shall include, but are not limited to fences, retaining walls, pipes, septic systems, wells, debris, etc. 18. Pad certifications are required for each lot prior to issuance of the respective building/plot plan permit. 19. All recommendations in the geotechnical/geologic, reclamation and contamination migration/temporary hydrology peer review reports dated January 31, 2005 shall be adhered to as noted in each document. Streets 20. Dedicate all required right-of--way for the future extension of Caulfield Lane (Southern Crossing) across the parcel adjacent to the Petaluma River as determined by the City of Petaluma plan line study and/or adopted plan line. The Developer is responsible for installing full surface and utility infrastructure improvements for that portion of the extension of Caulfield Lane (Southern Crossing) located on the project site adjacent to the river (APN: 019-210-010, 038 & 039) and a "fair share" contribution, to be determined through a traffic impact study, for other improvements related to the design and construction of the Southern Crossing, including but not limited to the bridge over the Petaluma River. Right-of--way dedication and fair share contribution shall be determined Resolution No. 2005-086 N.C.S. Page 4 prior to approval of a final map and improvement plans for this vesting tentative map. 21. All interior public streets shall be at least 32-feet wide. Sidewalks shall be required on both sides of the street. Stop signs and crosswalks shall be required at applicable intersections within the subdivision. Pedestrian ramps are required at all corners. Face of curb radius at interior street corners shall be at least 25-feet. 22. All interior public streets shall have a minimum street section of 4-inches of asphalt concrete and 12-inches of class 2 aggregate base. 23. All interior public streets shall be crowned at the center, directing surface drainage to both sides of the street. 24. Based on the adopted plan line study for the extension of Caulfield Lane and the recommendations of any associated traffic impact studies, the geometric design configuration and location of the proposed public street intersecting Petaluma Blvd. South from the west (i.e., the principal public street access to that portion of the project on the west side of Petaluma Blvd. South) shall be subject to the approval of the City Engineer and prior to approval of a final map and improvement plans. 25. The 40-foot wide public road proposed to serve lots 1-12 shall be privately owned and maintained by the project Homeowner's Association. Site Drainage and Storm Drain System 26. All hydrologic, hydraulic and storm drain system design shall be reviewed and approved by the Sonoma County Water Agency. 27. The proposed public storm drain. system near lot 183 and in the hillside area of parcel F shall be a closed subsurface conduit system per City standards. 28. Lot to lot drainage is not allowed without a conduit system and corresponding easement. 29. Post-construction Best Management Practices (BMP' S) shall be incorporated into the subdivision improvement plans in accordance with the City's Phase II Storm Water Management Program and the State's National Pollution Discharge Elimination System (NPDES) permitting requirements. 30. All weather access roads and easements, acceptable to the Water Resources Department, shall be provided for public storm drains on private property. Easements for public storm drains shall be at least 10-feet wide. Longitudinal slopes for the access road shall be designed accommodate safe maintenance vehicle access and are subject to the review and approval by the City Engineer. Resolution No. 2005-086 N.C.S. Page 5 31. Public Storm Drains shall be at least 15-inches in diameter. 32. The temporary sediment basin shall be constructed and operable prior to the first year's rainy season (October 1 S`) 33. The City's Zone I water system shall serve portions of the project located between elevations 0-60 feet. The proposed water main extension shown on the tentative map shall be 12 inches in diameter and shall be installed in Petaluma Blvd. from McNear Circle to the proposed entrance of the subdivision. The 12-inch water main shall also be extended through the parcel adjacent to the Petaluma River. Exact location shall be subject to the approval by the City Engineer. Prior to final map approval, the developer shall be responsible for the fair share cost of extending the water main under the river per the CPSP. 34. The City Engineer, Director of Water Resources and Fire Marshal shall determine the necessity for the river under-crossing during the improvement plan review process. 35. Development of the project areas located within the City's Zone II water supply system relies on development of the adjacent Riverview Subdivision. The final map for the Zone II served area of the Lomas Development shall not be approved until construction of the Riverview water supply line, or an alternative acceptable to the City Engineer, has been completed and accepted by the City of Petaluma. 36. The City's Zone II water supply system shall serve portions of the project located between elevations 60 feet and 160 feet. The Zone II water line shall connect to the adjacent Riverview Subdivision. 37. Provide final fire flow calculations with the public improvement plan submittals. 38. The water main system shall be capable of delivering a continuous fire flow as designated by the Fire Marshal. 39. Water services shall be 1.5" diameter minimum with 1" water meters. 40. The project shall comply with the City's landscaping and irrigation efficiency standards. 41. Proposed public water mains to be located within private parcels shall be contained within a 10 foot wide exclusive water main easement dedicated to the City of Petaluma on the project final map. The grade of the easement shall be flat enough to allow vehicular access to City maintenance vehicles. An all weather surface shall be provided over the entire length of the easement 42. Landscaping shall be limited to shrubs and other low lying plantings within public utility easements. Resolution No. 2005-086 N.C.S. Page 6 Sanitary Sewer System 43. Install a gravity sewer main in Petaluma Blvd. from the existing manhole at McNear Circle to the end of the project frontage at the US 101 Freeway. The sewer main design shall include capacity for the areas within the Urban Growth Boundary (UGB) and UGB expansion areas in the southwest sewer basin. 44. Existing downstream sewer main capacities shall be analyzed because of the proposed land. use intensification. Any sewer lines with insufficient capacity as a result of this development shall be upgraded as deemed necessary by the City Engineer. 45. A fair share contribution shall be paid by the developer for the future C Street sewer pump station upgrade project. The contribution shall be calculated based on proportionate discharge volume from the proposed development. 46. All weather access roads and easements, acceptable to the Water Resources Department, shall be provided for public sanitary sewer on private property. Easements shall be at least 10-feet wide. Final Map 47. Provide a 10-foot wide public utility easement on both sides of all interior streets, as determined by the City Engineer. 48. The final map technical review fee is due at final map application. 49. Caltrans approval is required prior to any work within Caltrans easements of rights of way. 50. The existing "jagged" shared right of way/Comas property line located near the proposed entrance shall be modified at the final map stage to create a more uniform, consistent boundary. 51. Clearly and accurately show the boundary and dedications on the final map. 52. All open space parcels shall be privately owned and maintained by the project Home Owner's Association. The necessary public easements shall be required as determined by the City of Petaluma. 53. The existing private right of way recorded May 4, 1905 (Bk. 217, Pg. 201, SCR) shall be restated, if necessary, to preserve existing access rights subject to the approval by the City Engineer. Resolution No. 2005-086 N.C.S. Page 7 54. That portion of the property north of Petaluma Boulevard South and adjacent to the Petaluma River, referred to as the North Parcel and comprised of APN 019- 210-010, -038 and -039, except for land to be dedicated per Condition #22, shall be designated on the Final Map as a "Remainder Parcel" and shall be subject to a separate Tentative Map process. Miscellaneous 55. All existing overhead distribution utilities fronting or traversing the project site shall be placed underground prior to acceptance of the subdivision. 56. Gas mains or underground electrical mains shall not be allowed on private property beyond the standard 10-foot public utility easement along the street frontage. 57. Prior to final map approval, the developer shall be responsible for any reimbursement agreements established as a result of the Riverview Subdivision for shared access and utilities. 58. Improvement plans and final map(s) shall be prepared according to the latest City policies, codes, ordinances, resolutions and standards. 59. If the project is phased, each individual phase shall be designed to provide the required utility services and street system independent of any other phase. 60. Construction shall be coordinated, to all extents possible, with the Riverview Subdivision. 61. All retaining walls shall be located outside the public right of way. 62. A financial mechanism (HOA, Maintenance Agreements, Etc.) shall be created for perpetual maintenance of the common areas. 63. The proposed sound wall shall be maintained by the homeowners association (HOA). 64. The City will not support annexation of the project site until written documentation is received indicating the following items: a. The County of Sonoma has approved the Reclamation Plan and said reclamation has been completed. b. The State has approved the project for SMARA compliance. c. The project site has been removed for the State's mine site list. The City Manager has discretion regarding the timing of annexation relative to reclamation of site being completed. Resolution No. 2005-086 N.C.S. Page 8 65. Upon approval by the City Council, the applicant shall pay the $35.00 Notice of Determination fee and applicable Department of Fish and Game fees (for Mitigated Negative Declaration) to the Planning Division. The check shall be made payable to the County Clerk. Planning staff will file the Notice of Determination with the County Clerk's office within five (5) days after receiving Council approval. 66. CC&Rs shall be submitted to the Planning Division for review and approval prior to approval of the Final Map. 67. Concrete ditches and drainage structures draining the open space areas shall be tinted earth colors. 68. Plant materials to be installed as part of the Landscape Plan shall consist of a minimum of 15 gallon can size for trees and 5 gallon. can size for shrubs. 69. The applicant shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action, or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul any of the approvals of the project, including the certification of associated environmental documents, when such claim or action is brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the applicants/developers of any such claim, action, or proceeding. The City shall coordinate in the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding and if the City chooses to do so appellant shall reimburse City for attorney's fees by the City. The following mitigation measures shall be adopted as conditions of approval: Geology and Soils 3.1 All earthwork, rough grading, trenching, backfilling, and compaction operations, erosion control, drainage and sediment control required by the June 2004 Reclamation .Plan prepared by Malcolm Carpenter Associates shall be completed to the satisfaction of the County of Sonoma Permit and Resource Management Department. 3.2 An Alternative Reclamation Plan shall be implemented in the event that apost- reclamation development proposal is not approved within one year of approval of the Reclamation Plan, as called for in June 2004 Reclamation Plan prepared by Malcolm Carpenter Associates. The Alternative Reclamation Plan shall include but not be limited to ripping, resoiling and hydro-seeding the development pads, installing irrigation on the development pads and planting trees on the graded. Resolution No. 2005-086 N.C.S. Page 9 slopes and street frontage. The Planting Plan shall conform to the alternate planting contained in Appendix E-1 of June 2004 Reclamation Plan. 3.3 Prior to annexation of the property into the City of Petaluma, the applicant shall provide written evidence that the Petaluma Quarry has been removed from the Sonoma County and the California Department of Conservation Mine list. 3.4 A detailed geotechnical study prepared by a licensed geotechnical engineer shall be submitted concurrent with the submittal of improvement plans and prior to the approval of the final subdivision map, and shall be subject to approval by the City Engineer. Peer review of the geotechnical study and funded by the applicant shall. be required at the discretion of the City Engineer. The detailed geotechnical study shall include but not be limited to recommendations on landslide repair, cuts and fills, drainage, pavements, utilities, evaluation for liquefaction potential, groundwater intrusion, suitability of building foundations and other structural components. In addition, study shall include specific design criteria for any slopes steeper than 3H: 1 V. 3.5 The design of all earthwork, cuts and fills, drainage, pavements, utilities, building foundations and other structural components shall conform with the specifications and criteria contained in the detailed geotechnical report, as approved by the City Engineer. The geotechnical engineer shall sign the improvement plans and certify the design as conforming to the specifications. The geotechnical engineer shall also inspect the construction work and shall certify to the City, prior to acceptance of the improvements or issuance of a certificate of occupancy, that all improvements have been constructed in accordance with the geotechnical specifications. 3.6 Construction and improvement plans shall be reviewed for conformance with the geotechnical specifications by the Engineering Section of the Community Development Department and the Chief Building Official prior to issuance of grading or building permits and/or advertising for bids on public improvement projects. Additional soils information may be required by the Chief Building Inspector during the plan check of building plans in accordance with Title 17 and 20 of the Petaluma Municipal Code. 3.7 The project sponsor shall submit an Erosion and Sediment Control Plan prepared by a Certified Professional in Erosion and Sediment Control (CPESC) as an integral part of the grading plan. The Erosion and Sediment Control Plan shall be subject to review and approval of the Planning Division and Engineering Section, prior to issuance of a grading permit. The Plan shall include temporary erosion control measures to be used during construction of cut and fill slopes, excavation for foundations, and other grading operations at the site to prevent discharge of sediment and contaminants into the drainage system. The Erosion and Sediment Control Plan shall include the following measures as applicable: Resolution No. 2005-086 N.C.S. Page 10 a. Throughout the construction process, disturbance of groundcover shall be minimized and the existing vegetation shall be retained to the extent possible to reduce soil erosion. All construction and grading activities, including short- term needs (equipment staging areas, storage areas, and field office locations) shall minimize the amount of land area disturbed. Whenever possible, existing disturbed areas shall be used for such purposes. b. All. drainage-ways, wetland areas and creek channels shall be protected from silt and sediment in storm runoff through the use of silt fences, diversion berms, and check dams. All exposed surface areas shall be mulched and reseeded and all cut and fill slopes shall be protected with hay mulch and/or erosion control blankets as appropriate. c. Material and equipment for implementation of erosion control measures shall be on-site by October 1st. All grading activity shall be completed by October 15th, prior to the on-set of the rainy season, with all disturbed areas stabilized and re-vegetated by October 31st. 3.8 All construction activities shall meet the Uniform Building Code regulations for seismic safety (i.e., reinforcing perimeter and/or load bearing walls, bracing parapets, etc.). 3.9 All public and private improvements shall be subject to inspection by City staff for compliance with the approved Improvement Plans, prior to City acceptance. 3.10 Foundation and structural design for buildings shall conform to the requirements of the Uniform Building Code, as well as state and local laws/ordinances. Construction plans shall be subject to review and approval by the Building Division prior to the issuance of a building permit. All work shall be subject to inspection by the Building Division and must conform to all applicable code requirements and approved improvement plans prior to issuance of a Certificate of Occupancy. 3.11 Prior to issuance of a grading or building permit, the project sponsor shall submit a detailed schedule for field inspection of work in progress to ensure that all applicable codes, conditions and mitigation measures are being properly implemented through construction of the project. Air 4.1 Dust suppression measures required by the June 2004 Reclamation Plan shall be implemented. 4.2 The Applicant shall incorporate Best Management Practices to limit fugitive dust and exhaust emissions into the construction and improvement plans and clearly Resolution No. 2005-086 N.C.S. Page 11 indicate these provisions in the specifications. Specific practices shall be included as conditions of approval. 4.3 The Construction Contractor shall adhere to the requirements addressing emission control measures for asphalt paving emissions in the BAAQMD Rulebook. Hydrolo~y and Water Quality 5.1 All water quality and sedimentation control measures required by the June 2004 Reclamation Plan shall be implemented. 5.2 All construction activities shall be performed in a manner that minimizes the sediment and/or pollutants entering directly or indirectly into the storm drain system or ground water. The Applicant shall incorporate the following provisions into the construction plans and specifications, to be verified by the Community Development Department, prior to issuance of grading or building permits. a. The applicant shall designate construction staging areas and areas for storage of any hazardous materials (i.e., motor oil, fuels, paints,) used during construction on the improvement plans and the SWPPP. All construction staging areas shall be located away from any stream and adjacent drainage areas to prevent runoff from construction areas from entering into the drainage system. Areas designated for storage of hazardous materials shall include proper containment features to prevent contaminants from entering drainage areas in the event of a spill or leak. b. No debris, soil, silt, sand, cement, concrete or washings thereof, or other construction related materials or wastes, oil or petroleum products or other organic or earthen material shall be allowed to enter any drainage system. All discarded material including washings and any accidental spills shall be removed and disposed of at an approved disposal site. The Applicant shall designate appropriate disposal methods and/or facilities on the construction plans or in the specifications. c. No heavy equipment shall be operated in any creek channel. All in-stream channel work shall be limited to the dry season (typically defined as May 1st through October 15th) and performed in accordance with conditions specified by the Dept. of Fish and Game in a Streambed Alteration Agreement and the Army Corps Section 404 Permit. The applicant shall provide a copy of the approved Streambed Alteration Agreement and proof of compliance with the permit conditions prior to approval of improvement plans or issuance of grading permits for work within any channel. 5.3 The applicant shall prepare an operation and maintenance manual for the detention basin, to include dredging and ongoing maintenance, to be submitted as part of the improvement plans. Resolution No. 2005-086 N.C.S. Page 12 5.4 Material and equipment for implementation of erosion control measures shall be on-site by October .1st. All grading activity shall be completed by October 15th, prior to the on-set of the rainy season, with all disturbed areas stabilized and revegetated by October 31st. 5.5 The project sponsor shall submit a detailed grading and drainage plan for review and approval by the Engineering Section and the Planning Division prior to approval of any improvement plans or the issuance of a grading permit. Project grading and all site drainage improvements shall be designed and constructed in conformance with the City of Petaluma Engineering Department's "Standards Specifications," and with the Sonoma County Water Agency's "Flood Control Design Criteria," if applicable. Drainage plans shall include supporting calculations of storm drain and culvert size using acceptable engineering methods. All hydrologic, hydraulic, and storm drain system design shall be subject to the review and approval of the Sonoma County Water Agency (SCWA), and the City Engineer. 5.6 The project sponsor shall pay all applicable Storm Drainage Impact Fees prior to final inspection or issuance of a Certificate of Occupancy. 5.7 The project sponsor shall submit Sonoma County Water Agency letter of approval. lBiolo;?ical Resources 6.1 Pre-construction surveys trees to be removed. from the South Parcel shall be carried out immediately prior (within 21 days) to commencement of grading. Pre- construction surveys for nesting raptors and migratory birds shall be conducted during the nesting season (mid-January through September). An area within 250 feet of grading should be surveyed for nests to ensure that the construction will not disturb nesting raptors or migratory birds. If nesting raptors or migratory birds are present, then an appropriate buffer should. be established between the nests and grading. The width of the buffer should be based on the topography and vegetation surrounding the nest and other site-specific circumstances. Grading can resume within the area of the buffer once the young have fledged. 6.2 Apre-construction survey shall be conducted for nesting saltmarsh common yellowthroats in the willow trees growirig beside the Petaluma River (North Parcel) approximately 21 days prior to construction. Surveys shall be conducted from the beginning of April through the end of August. A buffer shall be established around any yellowthroat nest encountered during the pre-construction survey. The width of the buffer shall be determined by a qualified biologist, based on circumstances at the site. A buffer shall also be established along the Petaluma River and shall extend from the top of the bank and the edge of riparian (willow) Resolution No. 2005-086 N.C.S. Page ] 3 vegetation to protect any potentially occurring special-status species or their habitat. 6.3 All trees to be preserved shall be protected and maintained during grading and construction by following the recommendations contained in the Lomas Tree Report prepared by Ralph Osterling Consultants, Inc. dated October 6, 2004, including but not limited to the installation of a six-foot high chain link tree protection fence and a drip irrigation system. 6.4 To mitigate the loss of trees on the site, native trees shall be planted in suitable areas throughout the open space areas and undeveloped portions of the site; in accordance with the County of Sonoma Tree Protection and Replacement Ordinance (Ordinance No. 4014), adopted in June 1989. 6.5 The applicant shall provide evidence to the Community Development Director that the applicant has complied with and obtained appropriate permits from the U.S. Army Corps of Engineers the Regional Water Quality Control Board, the California Department of Fish and Game, and the U.S. Fish and Wildlife Service. Noise 7.1 Noise barriers shall be constructed to reduce exterior noise levels generated by Highway 101 and Petaluma Boulevard South. Aten-foot barrier, relative to the topography of the surrounding ground shall be constructed as depicted in the Lomas Residential Development Environmental Noise Assessment, May 26, 2004, Illingworth & Rodkin, Inc. The barrier shall begin at the westernmost corner of Townhome building T4 and shall maintain a height often feet above the topography as it slopes up to the 85-foot elevation contour between buildings T1 and T2. The barrier could tie into the 85-foot contour (top-of--wall elevation equals 85 feet). Six-foot noise barriers shall be constructed to interrupt the line of sight between the private outdoor use areas of Lots 45-54 and 116-118. 7.2 The final site plan and grading plan shall be reviewed by an acoustical specialist to identify any modifications necessary to the height and length of proposed barriers to meet the acceptable exterior noise standards at affected residential outdoor use areas. 7.3 The residential component is subject to requirements of the City of Petaluma and the State Noise Insulation Standards. The design for the buildings shall include details and specifications for noise control treatments necessary to reduce environmental noise to 45 Ldn or less inside habitable rooms. Such treatments may include, but not be limited to, sound rated windows and doors, special wall constructions, acoustical sealants, weather-stripping, etc. The buildings shall be provided with adequate mechanical ventilation, so occupants may keep their windows open or closed at their own discretion while maintaining an acceptable acoustical environment. Resohrtion No. 2005-086 N.C.S. Page 14 7.4 All construction activities shall comply with applicable Performance Standards in the Petaluma Zoning Ordinance and Municipal Code, and shall adhere to the following: a. In order to minimize potential impacts related to construction noise, construction activities shall be limited to between 7 a.m. and 7 p.m. Monday through Friday, unless a permit is first secured from the City Manager (or his/her designee) for additional hours. No construction shall be permitted on Sundays or City of Petaluma recognized legal holidays. There will be: no start up of machines nor equipment prior to 7:00 a.m., Monday through Friday; no delivery of materials nor equipment prior to 7:30 a.m. nor past 5:00 p.m., Monday through Friday; no cleaning of machines nor equipment past 6:00 p.m., Monday through Friday; no .servicing of equipment past 6:45 p.m., Monday through Friday. b. All construction equipment powered by internal combustion engines shall be properly muffled and maintained to minimize noise. Equipment shall be turned off when not in use. c. Construction maintenance, storage, and staging areas for construction equipment shall avoid proximity to residential areas to the maximum extent practicable. Stationary construction equipment, such as compressors,, mixers, = etc., shall be placed away from residential areas and/or provided with acoustical shielding. Quiet construction equipment shall be used when possible. d. The Applicant shall designate a Project Manager with authority to implement the mitigation measures who will be responsible for responding to any complaints from the neighborhood, prior to issuance of a building/grading permit. The Project Manager's telephone number shall be conspicuously posted at the construction site. The Project Manager shall determine the cause of noise complaints (e.g. starting too early, faulty muffler) and shall take prompt action to correct the problem. Visual Quality and Aesthetics 8.1 Mitigation measures identified in Section 6, Biological Resources, for protection and replacement of trees on the site shall be implemented. 8.2 Improvement Plans, including proposed architecture, lighting, and landscaping shall be subject to review and approval by SPARC. 8.3 All exterior lighting shall be directed onto the project site and access ways and shielded to prevent glare and intrusion onto adjacent residential properties. Plans submitted for SPARC review and approval shall incorporate lighting plans, which Resolution No. 2005-086 N.C.S. Page 15 reflect the location and design of all proposed street lights, and any other exterior lighting proposed. 8.4 Development plans shall be designed to avoid vehicular lighting impacts to bedroom areas and other light-sensitive living areas of any nearby residential lot, home or facility. Development plans for lots proposed at street intersections or in other potentially light-sensitive locations shall incorporate architectural or landscape design features to screen interior living space from the headlight glare. 8.5 In order to reduce potential impacts from light and glare, no illumination shall be installed within the designated open space area except for low level lighting along designated pathways, adjacent to public streets or across pedestrian bridges. The improvement drawings and landscape plans prepared for the project shall reflect the location and design details of all exterior light fixtures proposed. Hazards & Hazardous Materials 9.1 For uses, including construction activities, involving storage of chemicals or hazardous materials on-site, the Applicant shall file a declaration form with Fire Marshal's office and shall obtain a hazardous materials storage permit. 9.2 If hazardous materials are used or stored on-site, the Applicant shall prepare a Risk Management Plan (RMP) and submit for review and approval by the Fire Marshall prior to issuance of a certificate of occupancy or grading or building permit for construction activities. The RMP shall include the following as appropriate: a. The Applicant shall provide for proper containment within storage areas for hazardous materials and shall maintain emergency equipment and supplies, as specified by the Fire Marshall, to address any spills or leaks from the facilities. b. The applicant shall identify any potentially hazardous substances or contamination existing on-site and shall provide for proper treatment, removal and disposal during construction. c. If any vapors or other signs of contamination are detected during project construction, all local, state, and federal requirements for remediation and disposal of contaminated materials shall be followed. 9.3 The applicant shall comply with all existing Federal and State safety regulations related to the transport, use, handling, storage, and/or disposal of potentially hazardous substances on the site. 9.4 Prior to demolition of any existing structures on the site, the structures shall be surveyed for asbestos-containing materials. If ACMs are determined to be present, Resolution No. 2005-086 N.C.S. Page 16 a qualified asbestos abatement specialist shall perform the asbestos mitigation (i.e. removal of the asbestos-containing linoleum in the residence). 9.5 Any existing wells or septic systems on the property shall be abandoned in accordance with local and state regulations. 9.6 Hammerhead design for emergency vehicles shall meet the requirements and specifications of the Petaluma Fire Department. Transportation/Traffic 10.1 The project shall comply with the requirements of the City of Petaluma Bicycle Plan. Plans for the project shall be referred to the Pedestrian and Bicycle Advisory Committee (PBAC) for review and comment. 10.2 The project sponsor shall be responsible for the payment of the City's Traffic Mitigation Fees. Traffic Mitigation Fees shall be calculated at the time of issuance of a building permit and shall be due and payable before final inspection or issuance of a certificate of occupancy. 10.3 The project sponsor shall submit plans for review and approval by the City Engineer for dedicated left-turn channelization and signalization at the intersection of the proposed access road with Petaluma Boulevard South. Public Services 11.1 In accordance with City regulations, the Applicant shall be responsible for payment of Community Facilities Development fees to offset the impacts to public facilities. Fees shall be calculated by the City at the time of building permit issuance and are due and payable by the Applicant prior to final inspection or issuance of a certificate of occupancy. 11.2 In accordance with City regulations, the Applicant shall be responsible for payment of Park and Recreation Land Improvements fees. These fees provide for acquisition, development and improvement of neighborhood and community park and recreation facilities. Fees shall be calculated by the City at the time of building permit issuance and are due and payable by the Applicant prior to final inspection or issuance of a certificate of occupancy. 11.3 In accordance with City regulations, the Applicant shall be responsible for payment of School Facilities fees. Fees shall be calculated by the City at the time of building permit issuance and are due and payable directly to the school district by the Applicant prior to final inspection or issuance of a certificate of occupancy. The Applicant shall provide a receipt or proof of payment of school facilities fees to the City Building Division prior to final inspection or issuance of a certificate of occupancy. Resolution No. 2005-086 N.C.S. Page 17 Recreation 12.1 To mitigate for the increased demand for recreational facilities generated by an increase in residents in the area, the applicant shall be responsible for payment of Park and Recreation Land Improvements fees. These fees provide for acquisition, development and improvement of neighborhood and community park and recreation facilities. Fees shall be calculated by the City at the time of building permit issuance and are due and payable by the Applicant prior to final inspection or issuance of a certificate of occupancy. ><Jtilities Infrastructure 13.1 To minimize impacts on landfill capacity, the project shall follow the following measures: recycle construction and demolition debris to the maximum extent feasible; and provide adequate space for the storage and collection of recyclable materials at the proposed development. Evidence of the intent to comply with this measure shall be submitted with Improvement Plans. 13.2 Prior to the issuance of a building permit, the applicant. shall submit a water conservation plan for review and approval by the City of Petaluma Department of Water Resources. The said plan shall identify Best Management Practices for water conservation that would result in a reduction of water consumption by at least 40%. 13.3 The landscape plan, irrigation plan and grading plan shall comply with the City's Landscape Water Efficiency Standards. Prior to the issuance of a building permit for the project, each of these plans and all supporting documents shall be submitted to the City for review and approval. The Landscape Water Efficiency Standards shall apply to all common area, open space, park, and subdivision perimeter landscaping, as well as single-family front yard landscaping. 13.4 If prior to issuance of the first building permit for the Lomas Development, the City has enacted the collection of a water conservation fee for new development, the applicant shall be required to pay the fees necessary in order for the Lomas Development to result in "water neutral" project, i.e. zero net increase in water consumption. Cultural Resources 15.1 If, during the course of construction, cultural, archaeological or paleontological resources are uncovered at the site (surface or subsurface resources) work shall be halted immediately within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. The City of Petaluma Planning Division and a qualified archaeologist (i.e., an archaeologist registered with the Society of Professional Archaeologists) shall be immediately contacted by the responsible individual present on-site. When contacted, Community Resolution No. 2005-086 N.C.S. Page 18 Development Department staff and the archaeologist shall immediately visit the site to determine the extent of the resources and to develop proper mitigation measures required for the discovery. 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) (Adjourned) (Special) meeting form th on the ........b~ ........Iurl~......................................., 20.0., b the day of y ' following vote: City Attorney AYES: Canevaro, Vice Mayor Harris, Healy, Nau NOES: Mayor Glass, Torliatt ABSENT: None RECUSED:O'Brien ~ //rV~~~~ ATTEST: .1.~~.4.~`:..~4.r !x:'54.......................... City Clerk Mayor Council File Res. No.......2.005-086.........N.GS.