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HomeMy WebLinkAboutTC Res 1997-03-05 ~>~ ."..,...........,.. ~ - - --~-_.._. - -----....- ------- --- , r- RESOLUTION NO. 3213 A RESOLUTION OF THE TffiURON TOWN COUNCIL APPROVING THE MITIGATED NEGATIVE DECLARATION AND CONDITIONALLY APPROVING THE GREENWOOD BEACH DRAINAGE IMPROVEMENT PROGRAM (442,444,448 & 458 Greenwood Beach Road) ASSESSOR PARCEL NOS. 55-031-25.55-031-32.55-031-29.55-031-12 and 55-041-12 WHEREAS, the Tiburon Town Council does resolve as follows: Section 1. Findings. A. The Town has reviewed and considered a request to improve the drainage conditions behind properties located at 442, 444, 448 & 458 Greenwood Beach Road. The request consists of the following: "'"' 1. Wetlands mitigation and drainage plans and sections prepared by CSW/Stuber- Stroeh Engineers, received July 12, 1996 Hydrology report prepared by CSW/Stuber-Stroeh Engineers, dated January 20, 1995 Drainage and marsh restoration report prepared for the Greenwood Beach Homeowners' Group by CSW/Stuber-Stroeh, dated March 22, 1995 2. 3. The official record for this project is hereby incorporated and made part of this resolution. The record' includes the staff reports, minutes, environmental review documents, reports and related materials, and all comments and materials received at public hearings. B. In 1992 and 1993, the Town Council heard and considered complaints from homeowners along Greenwood Beach Road regarding problems with a drainage trench that runs behind the residences at 442, 444, 448, and 458 Greenwood Beach Road. The homeowners complained of problems caused by the poor drainage abilities of this trench, including the creation of odors and unwanted pest habitat in this area behind their homes. C. On February 3, 1993, the Council directed Staff to work with the Greenwood Beach Road Homeowners Association to develop a solution for the problem. The Greenwood Beach HOA has since retained CSW-Stuber-Stroeh Engineers to prepare a plan and cost estimate for rerouting of the drainage. The civil engineers have developed a proposal which would reroute the existing drainagewayby filling the existing trench and creating a new drainage channel. ,- Tiburon Town Council Resolution No. 3213 March 5, 1997 , r"', D. The Tiburon Town Council has found that the proposed drainage improvement program is consistent with Tiburon General Plan policies encouraging enhancement of the amount of functional wetlands area adjacent to Richardson Bay. The Public/Quasi-Public zone through which the drainageway would run is appropriate for public and utility uses, including drainage improvements such as those proposed by this project. E. An initial study prepared for the project found effects to wetlands, wildlife habitat, water quality, air quality and noise to be potential environmental impacts of the project. The most important potential impact involves the elimination of the current wetlands area within the existing drainage trench. This trench does not drain properly and receives little tidal action, and therefore supports only sporadic vegetation and rat harborage. The impact of removing these wetlands will be effectively mitigated by the establishment of a larger, higher quality wetlands area as part of the new drainage channel. The proposed channel wilI be thoroughly planted with appropriate wetlands vegetation and have a better interface with the bay to promote better and more abundant tidal action and wildlife habitat within this drainage area. Mitigation measures and a draft mitigation monitoring program have been developed which would reduce the potential for adverse environmental impacts to less-than-significant levels. Section 2. Aoproval. """' NOW, THEREFORE, BE IT RESOLVED that the Tiburon Town Council does hereby approve a Mitigated Negative Declaration and a Mitigation Monitoring Program (attached as Exhibit "A") for the project, and approves the Drainage Improvement Plan for the Greenwood Beach area, subject to the following conditions of approval: 1. All mitigation measures contained within the Draft Mitigated Negative Declaration shall be met at all times. 2. All necessary permits and approvals shall be obtained from the San Francisco Bay Conservation and Development Commission, the U.S. Army Corps of Engineers, the San Francisco Bay Area Regional Water Quality Control Board and the Richardson Bay Sanitary District. 3. All construction shall be consistent with the plans submitted to the Town of Tiburon dated January 27, 1997. III III ..-. Tlburon Town Council Resolution No. 3213 March 5. 1997 /", "'"' - PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on March 5, 1997 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AITFST~ __ DIANE L. CRANE, TOWN CLERK Tlburon Town Council Resolution No. 3213 Ginalski, Hennessy, Thayer, Thompson, Wolf None None ~JD 7Y; ~ THERESE M. HENNESSY, MAYOR TOWN OF TmURON March 5,1997 ...:.._......._:.,._-~..'_.-..,.....- . . _ .._. -'_.~___...__-.....:.._~~___.__;.,J.t...--'..-'.'.__~----..;__:~-"-..;...~ __'j ....',.---'. ..________ .c._.....~~_,~..........--'-"-'.......~_.____ I""- (" I I . ,- ,- MiTIGATION MONITORING PROGRAM GREENWOOD BEACH DRAINAGE IMPROVEMENTS Water Erosion Mitiiation Measure' l.e.l. Energy dissipation measures (such as rip-rap) shall be employed where drainage flows leave the (existing) culvert under Greenwood Beach Road. The extent and specifications of the energy dissipation measures must be adequate to sufficiently slow storm level flows and prevent erosion of the drainageway to the greatest extent possible. Tt1JPlementation Procedure: The Town Engineer shaI1 check the plans fur the drainageway improvements before permits are issued to insure that the appropriate dissipation measures have been included. Non-cotrq)l1ance Sanction: No issuance of permits to begin construction if dissipation measures are not shown on plans and approved by the Town Engineer; halt construction if measures are inadequate. Mitiiation Measure: 1.e.2. The banks of the proposed drainageway shall be revegetated with appropriate species for the tidal environment. T~lP.mP.l1tation Procedure. The Planning Division and the San Francisco Bay Conservation and Development Commission shall review landscaping plans to insure that the plans indicate types and amounts of vegetation appropriate to the tidal enviromnent. Non-cot1JPliance Sanction' No issuance of permits to begin construction if landscaping is not shown on plans and approved by the Planning Division; halt construction if landscaping is not approved or appears inadequate. ~ttillation Mea~nl'e. EXHIBIT NO.-L (>, I DF 3 1 _."... ..:..,.__ ~ '_ .._.,J'..~_ .~.__ ""::: ..... ~------- ~, ...._n_~'___,_" .....__"..__..~....__.'-~...:.__::.,__._...,:. ._," ~'.'" ...~'",.-. ""',' .,,,", '.;"i''''_L''" ";'_, '.'_... _'. _......._. ., r" ( I l.e.3. Project design and construction activities will utilize Best Management Practices as described in the California Storm Water Best Management Practice handbook for Construction Activity, March, 1993. TTllPlementation Procedure' BMP program to be approved by the Town Engineer prior to issuance of building or grading permits. BMP program shall be implemented by the contractor, under review of the Town Engineer. Non-coDlP1;ance Sanction' Failure to comply with the approved construction BMP's will result in the issuance of correction notices., citations, a project stop-work order, or other available enforcement methods. Air Onality Mitiiation Measure' ,- 2.a.1. The site shan be watered during construction to reduce the impacts of such dust to acceptable levels. Tnwlementation Procedure. The Building Inspector shall observe the site during all inspections for evidence of watering or fugitive dust. Non-coIIlPliance Sanction: Failure to comply with site watering requirements or observation of fugitive dust will result in the issuance of correction notices, citations, a project stop-work order, or other available . enforcement methods. W P.tlands Alteration Mitiaation Measure: . 3.i.l. Tidal wetland vegetation shan be restored within the proposed drainageway to compensate for the loss of wetland habitat in the existing drainage ditch. ~ Tnwlementation Procedure' EXIDBIT NO..LL. 7.ZoF0 2 .'. _.............."'~'-.._'-'.. ,_....__,,;..;,....___...... .'__"-'.'___..u.. __~,~__.._.-......_..~.._,_. ____~___.~.... ...~ _-'-___ .____~~......'_."'-'~..-.... ,,'. _u"':. .~~._ .,r_ ,'.___ '. r- , i , I , ,- .,.... Work shall not commence on filling of existing drainage trench before installation of new wetlands vegetation is completed; permits shall not be issued for filling trench until the Planning Division and the San Francisco Bay Conservation and Development Connnk~on reviews landscaping plans for the new drainageway to insure that the plans indicate types and amounts of vegetation appropriate to the tidal environment. Non-co11lPliance Sanction' No issuance of permits to begin filling of existing drainage trench or construction of new drainageway iflandscaping is not shown on plans and approved by the Planning Division; halt filling or construction iflandscaping is not approved or appears inadequate. WP.tlands Reduction Mmfation Measure' See Mitigation Measure 3.i.1. Wildlife Habitat Mitillation Measure' See Mitigation Measure 3.i.1. ~ Mitillation Measure' 6.a.1. All construction activity shall comply with the Town's limitations on construction hours to prevent noise impacts during nighttime. TltJPlementation Procedme' Ensure contractor and any sub-contractors are aware of the Town's limited construction hours, including those for use of heavy equipment. Building Inspector shall ensure that these appear on the job card. Building Inspector an.d Police Department to enforce this measure. Non-conwlismce Sanction" Police Department and/or Building Inspector to issue citations and/or halt construction. 3 EXHIBIT NO. A- i. ~ of '?:.