HomeMy WebLinkAboutResolution 2012-138 N.C.S. 09/10/2012 Resolution No. 2012-138 N.C.S.
of the City of Petaluma, California
ADOPTING A MITIGATED NEGATIVE DECLARATION (MND)
FOR THE DENMAN REACH PHASE 3 PROJECT AND
APPROVE THE PROJECT WITH THE
INCORPORATION OF MITIGATION MEASURES
WHEREAS, the City of Petaluma applied for and was conditionally awarded a grant
from the State Department of Water Resources, Urban Streams Restoration Program, in the
amount of$993,375 for the implementation of a flood impact reduction, restoration and
enhancement project along the Petaluma River within the lower section of Denman Reach ("the
Project"); and,
WHEREAS, the Project is located within the study area of the Petaluma General Plan
2025, adopted by the City on May 19, 2008; and,
WHEREAS, in evaluating certain potential environmental effects of the Project in the
Revised Initial Study, including but not limited to effects of biological resources, geology and
soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality,
and surface/storm water systems, the City relied in part on the program EIR for the City of
Petaluma General Plan 2025, certified on April 7, 2008 (General Plan EIR) with the adoption of
Resolution No. 2008-058 N.C.S., which is incorporated herein by reference; and,
WHEREAS, the City prepared a Revised Initial Study for the Project consistent with
CEQA Guidelines sections 15070 through 15074.1 and determined that a Mitigated Negative
Declaration (MND) was required in order to analyze the potential for new or additional
significant environmental impacts of the Project beyond those identified in the General Plan EIR;
and,
WHEREAS, on or before June 28, 2012, the City's Notice of Availability and Notice of
Intent to Adopt a Mitigated Negative Declaration based on the Revised Initial Study, providing
for a 30-day public comment period commencing July 5, 2012 and ending August 5, 2012 and a
Notice of Public Hearing to be held on July 24, 2012 before the City of Petaluma Planning
Commission, was published and mailed to all property owners within 500 feet of the Project as
well as all persons having requested special notice of said proceedings; and,
WHEREAS, pursuant to the analysis in the Initial Study, the Project does not have the
potential to degrade the quality of the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten
to eliminate a plant or animal community, substantially reduce the number or restrict the range of
a rare or endangered plant or animal or eliminate important examples of the major periods of
California history or prehistory; and,
WHEREAS, pursuant to further analysis in the Revised Initial Study, the Project does
not make significant impacts that are individually limited, but cumulatively considerable, nor
Resolution No.2012-138 N.C.S. Page 1
have environmental effects which may cause substantial adverse effects on human beings, either
directly or indirectly; and,
WHEREAS, the Planning Commission held a public hearing on July 24, 2012, during
which the Commission considered the Project, the Mitigated Negative Declaration, the Revised
Initial Study, and supporting documentation referenced in the Initial Study, 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 July 24, 2012 the Planning Commission completed its review of the
Project, the Mitigated Negative Declaration, and a Mitigation Monitoring and Reporting
Program and, by the adoption of Resolution 2012-10, recommended adoption of the Mitigated
Negative Declaration and the Mitigation Monitoring and Reporting Program and the Project;
and,
WHEREAS, on September 10, 2012, at a duly noticed public meeting, the Petaluma City
Council reviewed the Mitigated Negative Declaration, all supporting documents including but
not limited to the Revised Initial Study and proposed amendments and additions, the
recommendation of the Planning Commission, staff reports and related materials, and all public
comments and evidence presented at or before the meeting; and,
WHEREAS, the Revised Initial Study and Mitigated Negative Declaration identify
mitigation measures applicable to the Project, as incorporated herein by reference; and,
WHEREAS, the Project is not located on a site listed on any Hazardous Waste Site List
compiled by the State pursuant to Section 65962.5 of the California Government Code; and,
WHEREAS, the Mitigated Negative Declaration reflects the City's independent
judgment and analysis of the potential for environmental impacts from the Project; and,
WHEREAS, the Mitigated Negative Declaration, Revised Initial Study, and related
project and environmental documents, including the General Plan 2025 EIR and all documents
incorporated herein by reference, are available for review in the City Community Development
Department at Petaluma City Flail, during normal business hours. The custodian of the
documents and other materials which constitute the record of proceedings for the proposed
project is the City of Petaluma Community Development Department, 11 English Street,
Petaluma, CA 94952, Attn: Heather Hines, Planning Manager.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council finds and
determines as follows:
The foregoing recitals are true and correct and incorporated by reference as findings.
1. Based on its review of the entire record herein, including the MND, the Revised
Initial Study, all supporting, referenced and incorporated documents and all
comments received and responses and additions thereto, the City Council further
finds that there is no substantial evidence that the Project as mitigated and
conditioned will have a significant effect on the environment, that the Mitigated
Negative Declaration reflects the City's independent judgment and analysis, and
that the Mitigated Negative Declaration, Revised Initial Study as amended, and
Resolution No. 2012-138 N.C.S. Page 2
supporting documents provide an:adequate description of the impacts of the
Project and comply with CEQA, the State CEQA Guidelines and the City of
Petaluma Environmental Guidelines.
2. The Revised Initial Study and Mitigation Negative Declaration shall incorporate
the text additions and amendments contained in the attached Exhibits 5 and 6.
3. The City Council adopts the Mitigation and Monitoring and Reporting Program
set forth in Exhibit A hereto and incorporated by reference. All mitigation
measures contained therein shall be conditions of approval of the Project.
4. The City Council hereby approves the Denman Reach Phase 3 flood impact
reduction, restoration and enhancement 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 pproved as to
Council of the City of Petaluma at a Regular meeting on the 10`h day of September, form:
•
2012.by the following vote:
C Attorney
AYES: Albertson, Barrett,Mayor Glass, Harris.Healy, Kearney, Vice Mayor Renee
NOES: None
ABSENT: None
ABSTAIN: None /7/
i •
ATTEST: � , - � �` • / ��iL_ =■ .
City Clerk ayor
Resolution No. 2012-138 N.C.S. Page 3
EXHIBIT A
City of Petaluma, California
0911. Public Works and Utilities
Water Resources Division
-rase
Project Name: Denman Reach Phase 3
Address/Location: 1300 block Industrial Ave. (APNs 007-412-031, -033, and -036)
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 approval which relies upon a Mitigated Negative Declaration.
Review Due Date Staff
Department Date Completed Initials
Section I. Aesthetics
A. A detailed landscape Planting Plan will be PD, SPAR GP
prepared as part of the project that will,with
project implementation, increase the number
of woody plants in this area. Plantings will be
grouped with the goal of improving the overall
aesthetics of the site. The visual character of
the existing riparian corridor will change initially
due to vegetation removal and grading;
however, planting will mitigate the temporary
loss of groundcover. Tall canopy providing
mature trees would be left intact. The project
goal of restoration and enhancement will
result in an improved riparian corridor.
B. All significant, mature, native trees will be PD, SPAR GP
protected and left in place in the overall
project.
Section IV. Biological Resources
(Note: it is recognized that vegetation management and/or removal timeframes differ between
agencies. Actual regulatory permits will define activity timeframes.)
C. BIO-l: As close to the beginning of PD CoC
construction as possible, but not more than 14
days prior to construction, a qualified biologist
shall conduct a final pre-activity survey of the
construction zone to ensure that steelhead
trout, Western Pond Turtle, California red
legged frog or other special status wildlife
and/or plant species have not recently
occupied the site. Surveys will also be
completed for nesting birds. If any special
status species are found, exclusion zones
Resolution No. 2012-138 N.C.S. Page 4
Review Due Date Staff
Department Date Completed Initials
should be established and maintained until all
construction activities are completed. In some
cases it may be preferable to remove and/or
relocate the individual plant or animal. If
special status species are found during the
preconstruction survey, the biologist should be
present immediately prior to construction
activities that have the potential to impact
special status species to identify and protect
potentially sensitive resources.
D. BIO-2: To avoid impacts to wildlife, grading PD CA
would be limited to the dry season, and when
low flow conditions are present in the
neighboring river, between June 15 and
October 15, while vegetation management
would be limited to between June 15 and
November 15 to avoid potential impacts to
anadromous species and nesting birds, unless
an earlier start date is approved by a DFG
representative. The Biological Monitor will be
on site during vegetation management work
to ensure that there is no potential disturbance
to nesting bird species.
E. BIO-3: Embedded pieces of large woody PW&U
debris or the stumps of existing trees in the
stream bed shall be left in place to encourage
pool formation. Prior to any tree removal,
trees greater than 4-inch diameter to be
removed shall be marked by the project
biologist. The CCNB, SSCRCD or the project
biologist shall provide an opportunity to
inspect and approve the tree marking to a
Department of Fish and Game representative.
Root systems of trees removed from the bed or
banks of the stream shall be left in place to
minimize bed or bank disturbance.
F. BIO-4: Comply with conditions of the PW&U, CA
Streambed Alteration.Agreement for CCNB,
vegetation management within the low flow DFG, F&W
channel, as well as additional measures
imposed as permit conditions beyond those
proposed and outlined in this document.
Permitting will involve consultation with the U.S.
Fish and Wildlife Service, as well as the
National Oceanic and Atmospheric
Administration, U.S. Army Corps, and State
Regional Water Quality Control Board. It is
likely that further measures will be required as
the permit conditions to avoid impacts to
listed or special status species,and such
conditions will be carried out. Likely 1602
Resolution No. 2012-138 N.C.S. Page 5
Review Due Date Staff
Department Date Completed Initials
Permit conditions include:
1. Root systems of trees removed from the
bed or banks of the stream shall be left in
place to minimize bed or bank
disturbance.
2. Wood chips from the chipping of removed
logs or branches shall be placed in a
location from which they will not be able
to enter the creek.
3. To avoid impacts to breeding frogs and
other wildlife, vegetation removal activities
shall be confined to the period July 15 to
March 1, unless an earlier start date is
approved by the Department of Fish and
Game representative.
4. Embedded pieces of large woody debris
or the stumps of existing trees in the stream
bed shall be left in place to encourage
pool formation.
5. Only native trees that are below the level
of the ordinary high water mark (OHWM)
may be removed. Root systems from these
trees shall be left in place unless removal is
specifically authorized by the project
aquatic biologist after consultation with
Department of Fish and Game
representative.
6. Prior to any tree removal larger than 4"
dbh,all such trees to be removed shall be
marked by the project biologist. The
SCCRCD or the project biologist shall
provide an opportunity to inspect and
approve the tree marking to Department
of Fish and Game representative.
7. Minimize disturbance of trees that are
providing shade canopy, except for those
growing below the ordinary high water
mark.
8. Plant poles and sprigs taken from native
red tree willows and cotton wood
seedlings along the 3,000-foot reach of
stream downstream of Corona Road.
Irrigate poles as needed to ensure at least
80%survival at the end of three years.
9. Tree removal shall be scheduled to avoid
disturbance of nesting birds. If occupied
nests are present,work that would disturb
nesting birds shall be postponed until all
birds have left their nests (mid-July).
G. B10-5: Mitigation planting of native plant PW&U, CA
species for any habitat disruption shall be CCNB,
completed within the Petaluma River Corridor, SCWA, DFG
as defined within the General Plan 2025, as
Resolution No. 2012-138 N.C.S. Page 6
Review Due Date Staff
Department Date Completed Initials
well as a parcel of land belonging to the
Sonoma County Water Agency, per the site
planting plans.
Potential Biologic Impacts from use of
herbicides and/or soil erosion sedimentation,
and use of construction chemicals will also be
minimized by the implementation of water
quality mitigations described in the Hydrology
and Water Quality Section. This includes
adherence to the project BMPs.
H. B10-6: The Project Manager will conduct a PW&U, CoC
training session for all Contractors prior to the CCNB
start of work. For the vegetation management
portion of the project, this will include a ''/2 day
training session on vegetation management
for the crew. A Project Manager or Project
Biologist will be on hand at all times during the
performance of work. The on-site project
manager or biologist will keep a daily journal
of activities, including a digital photo log of all
work completed. An as-built report will be
prepared upon completion of work and
provided to the City of Petaluma.
Section V. Cultural Resources
I. CULT-l: Should any discovery of artifacts occur PW&U CA
during grading activities, the following actions
will be undertaken:
a. In the event that archaeological features,
such as concentrations of artifacts or
culturally modified soil deposits including
trash pits older than fifty years of age, are
discovered at any time during grading,
scraping or excavation within the
property, all work shall be halted in the
vicinity of the find and a qualified
archaeologist shall be contacted
immediately to make an evaluation. If
warranted by the discovery of a
concentration of artifacts or soil deposits,
further work in the discovery area should
be monitored by an archaeologist.
b. Although unlikely, if human remains are
encountered, all work must stop in the
immediate vicinity of the discovered
remains and the County Coroner and a
qualified archaeologist must be notified
immediately so that an evaluation can
be performed. If the remains are
deemed to be Native American and
prehistoric, the Native American Heritage
Commission must be contacted by the
Resolution No. 2012-138 N.C.S. Page 7
Review Due Date Staff
Department Date Completed Initials
Coroner so that a "Most Likely
Descendant" can be designated.
Section VI. Geology and Soils
J. GEO-1: Grading within the active low flow PW&U, CA
channel (below OHW) will not be permitted. CCNB, DFG
The work limits to be shown on the grading
plan shall be clearly marked prior to the start
of construction. Sensitive wetlands and areas
of sensitive top of bank willows will be
protected.
K. GEO-2: All provisions of the City of Petaluma PW&U, PD CA
Grading Ordinance, the project plans, and
the project geotechnical report prepared for
Phases 1 and 2 will be followed. Finished
grades will not be steeper than 2H:1 V.
L. GEO-3: Earthwork, including grading and fill PW&U, PD CoC,
placement will only occur between the period CA
of June 1 and October 15. All disturbed areas
will be stabilized upon final grading and
protected using a combination of permanent
vegetative treatment, mulching, geotextiles,
as shown in the project Erosion Control Plan
(ECP) to be included in the grading plans. In
addition, the selected construction Contractor
will be required to develop a SWPPP (subject
to City approval) and implement the Plan.The
City's Project Manager will monitor (and
document) to insure that the ECP and SWPPP
and other provisions of the approved
improvement plans are being followed.
M. GEO-4: Construction shall minimize all potential PW&U, PD CoC
contributions of sediment to the waterway.
The excavated material not used as within the
trail pathway area will be removed and
placed at sites outside the channel, any
wetlands, or the floodway. In compliance with
General Plan 2025 program 8-P-35 J, the
grading permit will identify the disposal site
and shall require that any dirt hauled from the
project site be located outside a regulatory
floodplain with the Planning Referral Area
(Petaluma Watershed). Although not
anticipated, any excavated fill placed within
the one hundred year floodplain for project
related trail improvements shall be done in a
manner to ensure there will be no rise in the
base elevation and no flood related off-site
impacts. This will be verified by a registered
civil engineer.
Resolution No.2012-138 N.C.S. Page 8
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Review Due Date Staff
Department Date Completed Initials
N. GEO-5: Site grubbing and earthmoving PW&U, CoC,
activities will be completed prior to October PD, DFG CA
15 of the construction year. Work beyond
October 15 (with the exception of
revegetation until November 15) shall be
specifically authorized in advance by the
appropriate regulatory agencies. All erosion
control shall meet specifications of the City of
Petaluma Erosion Control Ordinance. Erosion
control and sediment detention devices shall
be incorporated into the project design and
implemented at the time of construction.
These devices shall be in place prior to
October 15 and the onset of rains for the
purposes of minimizing fine sediment and
sediment/water slurry input to flowing water,
and of detaining water to retain sediment on-
site. These devices will be placed at all
locations where the likelihood of sediment
input exists. Sediment collected in these
devices shall be disposed of away from the
collection site and outside riparian areas and
flood hazard areas.
Section VII. Greenhouse Gas Emissions
O. GHG-1: Standard Best Management PW&U CA
Practices, including BAAQMD's CEQA
Guidelines (i.e. watering for dust control) shall
be incorporated into all construction activities
in order to minimize dust and exhaust
emissions during grading and construction
activities. General Plan 2025 GHG reduction
programs shall be complied with.
Section VIII Hazards and Hazardous Materials
P. Application of Mitigations HYD-1 through HYD- PW&U CA
4.
Section IX. Hydrology and Water Quality
Q. HYD-1: A detailed Storm Water Pollution PW&U CoC,
Prevention Plan (SWPPP) shall be prepared CA
and implemented by the Contractor, subject
to review and approval of the City iof
Petaluma, as a line item in the construction
agreement. Construction plans should specify
all erosion and sediment control measures that
will be used, including (where applicable):
1. Limiting access routes to the creek
channel and stabilizing access points;
2. Stabilizing graded areas as soon as
possible with seeding, mulching, erosion
Resolution No. 2012-138 N.C.S. Page 9
Review Due Date Staff
Department Date Completed Initials
control materials or other effective
methods;
3. Delineating clearing limits, easements,
setbacks, sensitive areas, vegetation and
drainage courses by marking them in the
field;
4. Stabilizing and preventing erosion from
temporary conveyance channels and
outlets;
5. If rainfall occurs, using sediment controls
and filtration to remove sediment from
water collected on-site during construction
R. HYD-2: Implement established Best PW&U, PD, CoC,
Management Practices (BMPs) to control RWQCB CA
short-term construction water quality impacts.
1. Construction BMPs would reduce erosion
of disturbed soils during construction
activities, and are used to minimize wind
and water erosion and transport of
sediments during construction. BMPs shall
include as a minimum the following
measures:
2. Temporary measures, such as flow
diversion, temporary ditches, and silt
fencing.
3. Surface disturbance of soil and vegetation
would be kept to a minimum.
4. Any stockpiled soil, awaiting removal from
the site, would be placed and sloped so
that it would not be subject to
accelerated erosion.
S. HYD-3: Conformance with the State Water RWQCB, RPI,
Resources Control Board Construction SCWA, CoC,
General Permit, including implementation of PW&U CA
a Storm Water Pollution Prevention Plan
(SWPPP) and the Sonoma County Water
Agency (SCWA) Stream Maintenance
Program Guidelines, which include Best
Management Practices. The BMPs cover
selective vegetation management including
use of herbicides and other chemicals.
T. HYD-4: Incorporate potentially hazardous DGF, PW&U RPI,
materials storage and handling plan into the CoC,
overall Streambed Alteration Agreement. CA
Provisions will include, but not be limited to the
following:
1. Refueling outside the riparian corridor with
measures for containing accidental fuel
spills.
2. All construction equipment and machinery
shall be checked for leaks prior to entry
Resolution No,2012-138 N.C.S. Page 10
Review Due Date Staff
Department Date Completed Initials
into the stream channel (note: this BMP
would not apply to this project as no rolling
equipment is expected to be placed
within the stream channel).
3. Any construction equipment shall not be
stored or stockpiled in the creek channel.
4. No herbicide application in or near flowing
water, and all herbicides shall be applied
under the direction of a licensed Pest
Control Applicator, and in accordance
with appropriate regulations.
U. HYD-5: Construct flood-proofing with a flood PW&U, PD CoC
panel and rubber gaskets, or approved
equal, to the entry door at #1 C Street (Bay
Bridge Garage).
Section XII. Noise
V. NOISE-1: Temporary noise impacts will.be PW&U, CA
limited by restricting construction activities to PD
daylight hours: weekdays from 7:00 am to
7:00 pm, and Saturdays 9:00 am to 5:00 pm,
with no work on Sundays. This shall exceed
standards of the City of Petaluma Noise
Ordinance which specifically prohibits
construction activity between the hours of
10:00 pm and 7:00 am Monday through
Friday, and between 10:00 pm and 9:00 am
on Saturdays, Sundays, and State, Federal, or
local holidays.
W. NOISE-2: Require hearing protection for PD CA
workers operating, and in close proximity to,
heavy machinery, including chainsaws, brush
mowers, and weed trimmers in accordance
with CGR 29, Part 1910.95 and OSHA
standards.
Department/Agency Requested By or Due Date
PW&U Public Works & Utilities GP Grading Permit
CCNB Conservation Corps North Bay SPAR Site Plan and Architectural Review
(City grant partner)
PD Planning Division, including Building Inspection CoC Commencement of Construction
RA Regulatory/Referral Agency CA Construction Activity
SCWA: Sonoma County Water Agency
RWQCB: Regional Water Quality Control Board RPI Regulatory or Referral Permit
DFG: Dept. of Fish & Game Issuance (see RA list)
F&W: U.S. Fish & Wildlife Service
PCM Post-Construction Monitoring
Resolution No. 2012-138 N.C.S. Page.! I