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HomeMy WebLinkAboutTC Res 1998-02-04 (2) -- r- RESOLUTION NO. 3262 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING THE SCHEMATIC SITE PLAN, ARCHITECTURAL DRAWINGS AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE NEW TmURON POLICE DEPARTMENT (1101 TmURON BOULEVARD) WHEREAS, the Town Council adopted Ordinance No, 430 N.S. which exempts the new police station from the Town's Zoning Ordinance and establishes a streamlined review process for the new police department building in order to reduce public costs of the project, while preserving the public input process and making the Town Council the sole decision-making body for the project; and WHEREAS, the plans for the new police department building were referred to the Design Review Board for review and comment, consistent with the provisions of the streamlined review process; and r- WHEREAS, the streamlined review process requires that the Town Council hold one or more public meetings to review and approve schematic site/circulation plans and architectural drawings for the project; and WHEREAS, at public meeting held on February 4, 1998, the Town Council reviewed the site plan and architectural drawings for the new police station, prepared by Glass Architects, dated October 9, 1997; and WHEREAS, the project is subject to the California Environmental Quality Act (CEQA) and in December 1997, the Tiburon Planning Department Staff prepared an Initial Study for the project, along with a draft Mitigation Monitoring and Reporting Program (MMRP), which determined that there was no potentially significant environmental effects related to the project which could not be mitigated through modification of the project and through mitigation measures adopted as conditions of approval for the project; and WHEREAS, the Town ofTiburon, as applicant, has agreed in writing to incorporate the specified mitigation measures into the design and approval of the project; and WHEREAS, the Tiburon Planning Department determined that based upon the Initial Study, a Mitigated Negative Declaration was required for the project pursuant to CEQA; and r-- WHEREAS, in January 1998, a Draft Mitigated Negative Declaration was Tiburon Town Council Resolution No. 3262 Page 1 " r- completed and Notices of such were posted, mailed, and advertised in the Marin Independent Journal newspaper to announce a 30-day public review period for review and comment on the Initial StudylDraft Negative Declaration, and WHEREAS, a notice of the public hearing on the Draft Mitigated Negative Declaration and the project plans was also posted, mailed, and published in the Marin IndeoendentJournal nevvspaper; and WHEREAS, following closure of the 30-day public review period on February 2, 1998, the Town Council conducted a public hearing on February 4, 1998 to receive public testimony on the Draft Mitigated Negative Declaration and project plans; and WHEREAS, the Town Council, has reviewed and considered the information contained in the Initial Study and the Draft Mitigated Negative Declaration, and any and all comments and responses thereto, and at the request of the Reed Union School District has modified Mitigation Measure 6,4 to more specifically address road closure concerns. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby make the following findings: 1. Notice of the public review period and hearing on the Mitigated Negative Declaration was given as required by law and said hearing was conducted pursuant to Sections 15073 and 15074 of the State CEQA Guidelines and pursuant to provisions of the Town's Local CEQA Guidelines. " 2. All individuals and groups desiring to comment on the Mitigated Negative Declaration were given the opportunity to address the Town Council. 3. The Mitigated Negative Declaration for the project consists of the Initial Study document dated December 1997, the Negative Declaration form and Mitigation Monitoring and Reporting Program (MMRP), and any supporting information which may be referenced therein. 4. The Mitigated Negative Declaration was completed in compliance with the intent and requirements ofCEQA, the State CEQA Guidelines, and the Town's Local CEQA Guidelines. 5. The Town Council has found that there is no substantial evidence in the record sufficient to support a fair argument that the project will have a significant unmitigated impact on the environment. 6. The Town Council has found that the project is consistent with the goals and policies of the Tiburon General Plan and provisions of Ordinance 430 N.S. r- Tiburon Town Council Resolution No. 3262 Page 2 r- NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council hereby adopts a Mitigated Negative Declaration for the project; approves the project as shown on drawings prepared by Glass Architects dated October 9, 1997; and adopts the MMRP for the project, attached hereto as Exhibit "A", Mitigation Monitoring and Reporting Program. BE IT FURTHER RESOLVED that the Planning Director is directed to file the Notice of Determination for the project with the Marin County Clerk and the State Clearinghouse within five (5) working days of the project approval. PASSED AND ADOPTED at a meeting of the Town Council held on February 4, 1998, by the following vote: AYES: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews & Thompson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ,-. ~ ~ 71/~; HARRY~. MATTHEWS, MAYOR TOWN OF TlliURON A7/7L- DIANE L. CRANE, TOWN CLERK -- Tiburon Town Council Resolution No. 3262 Page 3 ~ (p.e u c.J I rh~o:r :3 J-b 1. /""'- Exhibit" A" MITIGATION MONITORING PROGRAM FOR CONSTRUCTION OF THE TOWN OF TmURON POLICE FACILITY FILE #S96-02 Gt"ologi.. Prohlt"m~ Mitigation Measure 3,1: The new police facility shall be required to comply with all applicable seismic design provisions of the Uniform Building Code (UBC) in effect in order to receive a building permit from the Town. This measure would reduce the severity of potential impacts to levels typical of the San Francisco Bay Area. Implementation Procedure: Construction drawings submitted for a building permit shall conform to applicable seismic design provisions of the UBC, Nnn_rnmp1i::ln~e S::lnctinn: No issuance of building permit if plans do not conform to UBC; no final inspection/occupancy permit of not constructed according to plans; halt construction; fines, r- Re~pongihle Pergon' Tiburon Building Official. Mitigation Measure 3,2: Conditions of grading and/or building permits shall require the implementation of Best Management Practices (BMPs) to comply with the Town of Tiburon Urban Runoff Pollution Prevention Ordinance. The project grading plan shall include a Town- approved drainage and erosion control plan which incorporates appropriate erosion and sedimentation controls, in accordance with the guidance provided in the Standards for Erosion and Sedimentation Control Handbook published by the Association of Bay Area Governments (ABAG), These controls may include site planning considerations, construction staging and timing, and installation of temporary detention ponds or other treatment facilities. Implementation Procedure: Construction drawings submitted for building and/or grading permit must include a drainage and erosion control plan. Plan must be approved by Town Engineer prior to issuance of gradinglbuilding permit. Implementation of plan shall be by the contractor, under review of the Town Engineer. r- I ~ Non-Compliance Sanction: No issuance of grading/building permit if plans do not include drainage and erosion control plan, Failure to comply with approved plan will result in the issuance of correction notices, citations, a project stop-work order, or other available enforcement methods, including fines. Re!lPonsible Person' Tiburon Town Engineer and Building Official. Water Resources Mitigation Measures 4.1: Although the increase in peak storm discharge attributable to the proposed police station is negligible, the Town shall participate in the recommendations contained in the Drainage Analysis for the Reed School Watershed Area, dated November 1997, prepared by I. L. Schwartz Associates. In addition, on-site drainage facilities shall accommodate a 100- year storm event. These improvements must be in place before the new impervious surfaces are created. Implementation Procedure: r"' Improvement Plans for on-site drainage improvements must be approved by Town Engineer and improvements must be in place prior to issuance of building permit. Town Engineer verifies that improvements are completed according to approved Improvement Plans. Non-Compliance Sanction: No issuance of grading/building permit if drainage improvements are not in place. Person Responsible' Tiburon Town Engineer. Mitigation Measure 4.2: Best Management Practices (BMPs) shall be implemented to comply with the Town ofTiburon Urban Runoff Pollution Prevention Ordinance, including the proper use ofIandscaping fertilizers and pesticides and the prohibition of washing/dumping materials into the storm drain. In addition, project landscaping shall emphasize evergreen as opposed to deciduous trees in order to minimize tree litter from the site. These measures, along with Mitigation Measure 3.2 related to the control of erosion during construction, will reduce this impact to a level that is less than significant. r- 2 I'" Implementation Procedure: The project architect shall ensure that the landscape plan emphasizes evergreen trees. Persons responsible for landscape maintenance of the police department property shall follow BMPs regarding the proper use offertilizers and pesticides. Non-(;ompli.nc" S.nction: For tree litter: Non-issuance of occupancy permit iflandscaping does not emphasize evergreen trees. For BMP's: Failure to comply with approved BMPs will result in the issuance of correction notices, citations, or other available enforcement methods. Person Responsible' Project Architect, Building Official, and Tiburon Town Engineer. Air Ollalily Mitigation Measure 5,1: Contractors shall be required to implement the following measures, at r- a minimum, to reduce dust generation: . Suspend earthmoving and other dust-producing activities during periods of high winds when dust control is not effective . Water or cover stockpiles of debris, soil, sand or other materials which can be blown by the wind . Provide equipment and manpower to water and reseed all exposed or disturbed soils surfaces. Add an appropriate dust palliative or suppressant to water before application. . Sweep the construction area and adjacent streets to remove mud and debris, since this material can be pulverized and later resuspended by vehicle traffic . Water, seed, cover and/or treat completed cuts and graded areas with dust suppressants as soon as grading activities cease. Watering for dust control is estimated to reduce dust emissions by about 50%. The combined effect of all measures listed in this mitigation would reduce dust emissions by 70-80%, which would keep project dust impacts at less than significant levels. r-. 3 r-- Tmphl!mpnt~tinn Procpl'lnTp.: Grading plan submitted for building and/or grading permit must include these dust suppression measures in notes. Grading plan must be approved by Town Engineer prior to issuance of gradinglbuilding permit. Implementation of plan shall be by the contractor, under review of the Town Engineer and Town Building Official. Non-Compliance Sanction: No issuance of gradinglbuilding permit if grading plan does not include dust suppression measures in notes, Failure to comply with approved plan will result in the issuance of correction notices, citations, a project stop-work order, or other available enforcement methods, including fines. Person Responsihle' Tiburon Town Engineer and Building Official TranspnrtatinnlCirrlllatinn Mitigation Measure 6,1: A median lane on Tiburon Boulevard for collection of southbound left turns shall be constructed in conjunction with development of the project. r" Implementation Procedure: Improvement plans shall be submitted to Caltrans for review and approval. Improvement is to be completed prior to occupancy of the new Police Building. Non-Compliance Sanction: No occupancy permit issued ifroad improvement is not in place. Person Responsible' Tiburon Building Official. Mitigation Measure 6.2: A westbound right turn lane on Tiburon Boulevard shall be constructed in conjunction with development of the project. Implementation Procedure: Improvement plans shall be submitted to Caltrans for review and approval. Improvement is to be completed prior to occupancy of the new Police Building. r- 4 f"'" Non-Compli"n"" S"n"tion: No occupancy permit issued if road improvement is not in place. Per~on Re~pon~ihl,,' Tiburon Building Official. Mitigation Measure 6.3: The driveway proposed along Tiburon Boulevard to the lower parking area shall be limited to a 13-foot wide, one-way, exit-only driveway for official vehicles only, All other vehicles shall use the Ned's Way driveway for egress. Appropriate signage shall be installed at the Tiburon Boulevard driveway to alert the public and Police Department personnel of the restricted access and egress. Implementation Procedure: Improvement plans shall include appropriate signage restricting access and egress to official vehicles only. Signage to be installed prior to occupancy of the new Police Building. Non-Compliance Sanction: r" No occupancy permit issued ifsignage is not in place. Person Responsible: Tiburon Building Official. Mitigation Measure 6.4: Construction documents for the police building shall indicate the need to minimize disruption of traffic along the access easement, especially during the peak morning and afternoon periods when drop-off /pick-up traffic going to and from Reed School and BTCCC is heaviest. During peak periods, specified below, the access easement and lower Ned's Way shall not be closed, and traffic control measures, including but not limited to stationing a flagperson(s) along the easement, shall be required as needed to ensure that disruption to vehicle traffic is minimized and access the adjacent uses is not significantly impaired. Peak periods are: 7:30 a.m. to 9:00 a.m. on all school days 11:30 a.m. to 12:45 p.m. on all school days 2:15 p.m. to 3:45 p.m. Monday through Thursday on school days 1:15 p.m. to 3:45 p.m. on Thursday school days - 5 ~ In addition, the construction contract shall specify that the Town of Tiburon, not the contractor, shalI have exclusive authority to approve road and access easement closures. The Town shall further appoint a liaison to coordinate with the school district and child care center and keep them informed as to possible road closures or disruptions and the general status of the project. Implementation Procedure: Construction documents shall include notes regarding minimizing disruption of traffic along the access easement; shall specify the prohibition on closure during peak periods and the Town's control over authorization of closures; shall designate a project liaison with the RUSD and BTCCC; and shall specify the need for flagpersons or other traffic control measures as necessary. Such necessary traffic control measures shall be the responsibility of the contractor. Non-Compliance Sanction: Failure to comply with this measure will result in the issuance of correction notices, citations, a project stop-work order, or other available enforcement methods. Peroon Reoponoihle' "" Tiburon Town Engineer. 1!ln.is.I: Mitigation Measure 8.1: The contractor shall notify the Belvedere-Tiburon Child Care Center staff prior to construction activities that generate significantly higher noise levels, such as jackhammer, hydraulic hoe-ram, etc. Notification shall be given at least 48 hours in advance of the construction activities so that alternative nap and play areas and times can be coordinated, Construction activities that generate significantly higher noise levels should be avoided between the hours of 12:30 p.m. and 2:00 p.m. Implementation Procedure: Construction documents shall include note regarding notification requirements and restrictions on construction activities that generate significantly higher noise levels. Notification shall be the responsibility of the contractor. ,.... 6 r-... -- - Non-Compl;"n~p. S"n~t;on~ Failure to provide proper notification will result in the issuance of correction notices, citations, a project stop-work order, or other available enforcement methods. Person Re!\j)onsihle' Contractor and Tiburon Town Engineer. END 7