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HomeMy WebLinkAboutResolution 2005-042 N.C.S. 03/21/2005 ~Zesolution I~o.2005-042j~,C.S. of the City of Petaluma, California APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR. THE PARK. SQUARE. (a.k.a PARK CENTRAL) PRO.IECT TO BE LOCATED. AT THE CORNER. OF CASA GRANDE ROAD AND LAKEVILLE HIGHWAY, APN 005=040-054- and 055 WHEREAS, an Initial Study was prepared and the results of the study indicated that the proposed Park Square (a.k.a. Park Central) project, as mitigated, will not cause any significant adverse environmental impacts; and, WHEREAS, the Planning Commission of the City of Petaluma held a public hearing on September 14, 2004 and January 25, 2005, on the subject application, heard testimony and concluded that the findings and conditions as amended were adequate and recommended to the City Council approval of the proposed development; and, WHEREAS, the City Council considered Park Square proposal on March 21, 2005, and considered all written and verbal communications concerning potential environmental impacts resulting from the project before .rendering a decision;. and, WHEREAS, the City Council adopted Resolution 2001-104 N.C.S., approving a Mitigate Negative Declaration for the Park Central project on May 21, 2001. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Mitigated Negative Declaration subject to the following Findings and Mitigation Measures: FINDINGS.FOR APPROVAL OF A MITIGATED NEGATIVE DECLARATION: 1. That. based upon the Initial Study, potential impacts resulting from the project have been identified. Mitigation measures have been proposed and agreed to by the applicant as a . condition of project approval that will reduce potential impacts o .less than significant. In addition, there is no substantial evidence that supports a fair argument that the project, as conditioned and mitigated, would have a significant effect on the environment. 2. That the project does not have the potential to affect wildlife resources as defined in the State Fish and Game Code,- either individually or cumulatively, and is exempt from Fish and Game -filing fees because it is proposed on existing undeveloped site surrounded by urban development. Resolution No. 2005-042 N.C.S. 3. That 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. 4. That the Planning Commission and City Council reviewed the Initial Study and considered public comments before making a recommendation on the project. 5. That a Mitigation Monitoring Program has been prepared to ensure compliance with the adopted mitigation measures. 6. That the record of proceedings of the decision on the project is available for public review at the City of Petaluma Planning Division, City Hall, 11 English Street, Petaluma, California. MITIGATION MEASURES: Geology and Soils 1. All earthwork, grading, trenching, backfilling, and compaction operations shall be conducted in accordance with the City of Petaluma's Subdivision Ordinance (#1046, Title 20, Chapter 20.04 of the Petaluma Municipal Code) and Grading and Erosion Control Ordinance #1.576, Title 17, Chapter 17.31 of the Petaluma Municipal Code). 2. The Applicant shall submit an Erosion and Sediment Control Plan prepared by a registered professional engineer 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: 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 lst. All grading activity shall be completed by October 15th, Resolution No. 2005-042 N.C.S. Page 2 prior to the on-set of the rainy season, with all disturbed areas stabilized and re- vegetated by October 31st. Upon approval by the City Engineer, extensions for short-term grading may be allowed. In conjunction with any specially permitted rainy season Engineering may require special grading erosion control measures. 3. 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.). 4. All public and private improvements shall be subject to inspection by City staff for compliance with the approved Improvement Plans, prior to City acceptance. 5. 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 Building and must conform to all applicable code requirements and. approved improvement plans prior to issuance of a Certificate of Occupancy. 6. Prior to issuance of a grading or building permit, the applicant 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. 7. The Site Plan and Architectural Review Committee (SPARC) shall review and approve the landscaping plans for the proposed structures. Any changes to the landscaping plan as required by SPARC shall be incorporated into plans that are submitted for building permit issuance. 8. Prior to issuance of a grading permit, building permit or approval of an improvement plan or Final Map, the applicant shall provide a Soils Investigation and Geotechnical Report. prepared by a registered professional civil engineer for review and approval of the City Engineer in accordance with the Subdivision Ordinance and Grading and Erosion Control Ordinance. The soils report shall address site specific soil conditions (i.e. highly expansive soils) and include recommendations for: site preparation and grading; foundation and soil engineering design; pavement design, utilities, roads, bridges and structures. 9. The design of all earthwork, cuts and fills, drainage, pavements, utilities, foundations and structural components shall conform to the specifications and criteria contained in the 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 the improvements have been constructed in accordance with the geotechnical specifications. Construction and improvement plans shall be reviewed for conformance with the geotechnical specifications by Engineering and Building prior to issuance of grading or building permits and/or advertising for bids on public improvement projects. Additional Resolution No. 2005-042 N.C.S. Page 3 soils information may be required by Building during the plan check of building plans in accordance with Title 17 and 20 of the Petaluma Municipal Code. Air 10. The Applicant shall incorporate the following Best Management Practices into the construction and improvement plans and clearly indicates these provisions in the specifications. The construction contractor shall incorporate these measures into the required Erosion and Sediment Control Plan to limit fugitive dust and exhaust emissions during construction. a. Grading and construction equipment operated during construction activities shall be properly mufflered and maintained to minimize emissions. Equipment shall be turned off when not in use. b. Exposed soils shall be watered periodically during construction, a minimum of twice daily. The frequency of watering shall be increased if wind speeds exceed I S mph. Only purchased city water or reclaimed water shall be used for this purpose. Responsibility for watering to include weekends and holidays when work is not in progress. c. Construction sites involving earthwork shall provide for a gravel pad area consisting of an impermeable liner and drain rock at the construction entrance to clean mud and debris from construction vehicles prior to entering the public roadways. Street surfaces in the vicinity of the ,project shall be routinely swept and cleaned of mud and dust carried onto the street by construction vehicles. d. During excavation activities, haul trucks used to transport soil shall utilize tarps or other similar covering devices to reduce dust emissions. e. Post-construction re-vegetation, repaving or soil stabilization of exposed soils shall be completed in a timely manner according to the approved Erosion and Sediment Control Plan. and verified by City inspectors prior to acceptance of improvements or issuance of Certificate of Occupancy. £ Applicant shall designate a person with authority to require increased watering to monitor the dust and erosion control program and provide name and phone number to the City of Petaluma prior to issuance of grading permits. g. If applicable, the applicant shall obtain operating permits from the Bay Area Air Quality Management District, and shall provide evidence of compliance prior to requesting a Certificate of Occupancy. Community Development Department shall verify that the applicant has obtained an operating permit and that the .facilities conform to the permit requirements prior to authorizing the Certificate of Occupancy. Resolution No. 2005-042 N.C.S. Page 4 Noise 11. The following mitigation measures as outlined in the Noise Study prepared by Illingworth and Rodkin dated July 25, 2002 shall be adhered to. a. Incorporate building sound insulation treatments sufficient to reduce the interior Ldn to 45 dBA or less in all buildings. Prepare a report pursuant to the requirements of the State Building Code and submitted to Building Department prior to issuance of a building permit. The report shall stipulate the noise control treatments that have been included in the design and that the buildings, as designed, comply with the State Building Code and local guidelines related to environmental noise. b. Residential units shall be provided with forced air mechanical ventilation (or air conditioning) as necessary to provide a habitable interior environment with the windows closed. Windows may then be kept closed at the discretion of the building occupants to control environmental noise intrusion to mandated levels. c. The goal for building facades of the units of Building 6 nearest to and facing the Lakeville Highway/casa Grande intersection is an exterior to interior noise level reduction (NLR) of 34dBA to achieve the 45Ldn threshold with an adequate margin of safety. d. The goal for building facades facing Casa Grande Road and Telecom Lane and Technology Lane in Buildings 1, 2, 3 4, and 5 is an exterior-to-interior noise level reduction of at least 35 dBA in the bedrooms and 30 dBA in other rooms. e. The design for the building shall be reviewed during detailed design by a qualified acoustical specialist to ensure that the appropriate noise control treatments are included in the design to achieve the noise level reductions specified above. A report shall be prepared and submitted to Building along with the plans prior to issuance of a building permit. 12. .All construction activities shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and (9:00 a.m. to 5:00 p.m. on Saturdays. Construction shall be prohibited on Sundays and all holidays recognized by the City of Petaluma, unless a permit is first secured from the City Manager (or his/her designee) for additional hours. There will be no start up of machines or equipment prior to 8:00 a.m., Monday through Friday; no delivery of materials or equipment prior to 7:30 a.m. or past 5:00 p.m., Monday through Friday; no servicing of equipment past 6:45 p.m., Monday through Friday. Plan submitted for City permit shall include the language above. Resolution No. 2005-042 N.C:S. Page 5 13. 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. 14. 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. 15. 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 shall determine the cause of noise complaints (e.g., starting too early, faulty muffler, etc.) and shall take prompt action to correct the problem. 16. All land uses shall conform to the Performance Standards listed in Section 22-300 of the Petaluma Zoning Code. Visual Quality and Aesthetics 17. 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 project review and approval shall incorporate lighting plans, which reflect the location and design of all proposed streetlights, and any other exterior lighting proposed. The Site Plan and Architectural Review Committee shall review lighting plans. 18. Shade trees shall be incorporated and improvement plans along public streets and within parking areas in conformance with the City's Site Plan and Architectural Review Guidelines to reduce glare and provide shade and screening. 19. Architectural detail, including exterior lighting, landscaping plans and detailed site plans shall be subject to review by the City's Site Plan and Architectural Review Committee and conform to the Site Plan and Architectural Review Design Guidelines, prior to issuance of building permits. 20. All new and overhead utilities (except for high voltage transmission lines) shall be placed underground. 21. 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. Resolution No. 2005-042 N.C.S. Page 6 Transportation/Traffic 22. The project developer shall be required prior to issuance of grading and/or building permits to provide aletter/permit from Caltrans for work along Lakeville Highway (a State Highway) such as the deceleration and acceleration lanes on Lakeville Highway. 23. For projects involving. improvements on existing streets or substantial construction traffic and heavy equipment, the applicant shall provide a Traffic Control Plan for review and approval of the City's Traffic Engineer, prior to issuance of a building or grading permit. At least one-lane of traffic in each direction shall be maintained at all times through the construction period, unless a temporary detour plan is submitted and approved the City Traffic Engineer. Heavy construction traffic and haul trucks shall avoid school zones between school arrival and departures times. During non-working hours, open trenches and construction hazards shall be provided with signage, flashers, and barricades approved by the Street Superintendent to warn oncoming motorists, bicyclists, and pedestrians of potential safety hazards. 24. All road surfaces shall be restored to pre-project conditions after completion of any project-related utility installation activities. All trench pavement restoration within existing asphalt streets shall receive a slurry seal. If the trench cut is within the parking strip, then only the parking strip needs a slurry seal. Otherwise, half the street shall receive a slurry seal. 25. Any pedestrian access through and/or adjacent to the project site shall remain unobstructed during project construction or an alternate route established as approved by the Police Chief and City Engineer. 26. Frontage improvements shall be installed in accordance with the City's Street Standards to provide for safe access to and from the site. Turning lanes, acceleration and deceleration lanes, curb cuts, median islands, signing and striping shall be .incorporated into the design plans as required by the City's Traffic Engineer. Pedestrian and bicycle access connecting the City's bikeways and pedestrian circulation through the site shall be incorporated into the development plan. Improvement or construction plans shall be subject to review and approval of the Traffic Engineer prior to issuance of a grading or building permit. All street frontage improvements shall be constructed to City standards and inspected by City Inspectors prior to final inspections or acceptance of improvements. 27. The Applicant shall be responsible for the payment of the City's Traffic Mitigation Fee. 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. 28. The .Applicant shall pay a fair share contribution towards any signal or street improvements necessitated by the projected traffic that are not included in the Traffic Mitigation Fees. A fair share contribution shall be calculated at the time of issuance of a Resolution No. 2005-042 N.C.S. Page 7 building permit and shall be due and payable prior to final inspection or issuance of a certificate of occupancy. 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 r on the ........~1.5~........... day of .......~!1sT.GAL 20.45., by the following vote: City Attorney AYES: Canevaro, Mayor Glass, Vice Mayor Harris, Healy, Nau, O'Brien, Torliatt NOES: None ABSENT: None ATTEST: ~ /f ~ ~ City Clerk Mayor Council File Res. No.......2Q~Sr.Q42.........N.C.S.