HomeMy WebLinkAboutTC Res 2011-06-07 (2)RESOLUTION NO. 22-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING SITE PLAN AND ARCHITECTURAL DRAWINGS AND
ADOPTING A MITIGATED NEGATIVE DECLARATION AND A MITIGATION
MONITORING PROGRAM FOR THE LYFORD DRIVE MULTI-MODAL
PARKING LOT PROJECT ON PROPERTY AT LYFORD DRIVE AND
TIBURON BOULEVARD
ASSESSOR PARCEL NO. 060-061-15
WHEREAS, the Town of Tiburon is considering the construction of a 50-space
parking lot within the Tiburon Boulevard right-of-way and a portion of the Town's
adjoining Richardson Bay Lineal Park near the intersection of Lyford Drive and Tiburon
Boulevard; and
WHEREAS, on April 20, 2011, the Town Council adopted Ordinance No. 527
N.S. that establishes Town review and decision-making procedures for this Project. The
ordinance also exempts the Project from provisions of the Zoning Ordinance, but requires
the Town Council to review the site plan and architectural drawings for the project at a
public meeting prior to any approval; and
WHEREAS, on June 7, 2011, the Town Council held a public meeting to review
the site plan and architectural drawings for the Project; and
WHEREAS, an initial study of environmental impact was prepared for the Project
and a draft mitigated negative declaration released for public comment on March 15,
2011. The comment period closed on April 14, 2011. The Town Council finds that, based
on the record, no substantial evidence to support a fair argument that a significant adverse
impact would result from the Project has been presented; and
WHEREAS, after hearing all testimony and reviewing all documents on the
record, the Town Council found that the Project, as conditioned, is consistent with the
goals and objectives of the Tiburon General Plan and is in compliance with criteria of
review and other parameters set forth in Ordinance No. 527 N. S.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby adopt the Mitigated Negative Declaration for the Project.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon
does hereby approve the site plan and architectural drawings for the Project, subject to
the following conditions:
1. All mitigation measures set forth in the adopted Mitigation Monitoring
Program for the Project are incorporated herein as conditions of approval.
2. The Project shall be in substantial conformance with the Project Drawings
Town Council Resolution No. 22-2011 61712011
(12 sheets) dated 9/24/2010, which constitute the approved site plan and
architectural drawings for the Project, revised per the Alternate Project set
forth on Exhibit 14 to the Town Council Staff Report dated June 7, 2011.
Said plans are on file and available for public review at Tiburon Town
Hall during regular business hours.
3. All necessary pen-nits shall be obtained from the Tiburon Building
Division.
4. All exterior lighting fixtures must be downlight type fixtures.
5. A construction sign shall be posted on the site during construction of the
Project, in a location plainly visible to the public. The sign shall be 24" x
24" in size and shall be made of durable, weather-resistant materials
intended to survive the life of the construction period. The sign shall
contain the following information: job street address; work hours allowed
per Chapter 13 of the Tiburon Municipal Code; builder (company name,
city, state, ZIP code); construction manager (name and phone number);
and emergency contact (name and phone number reachable at all times).
The sign shall be posted at the commencement of work and shall remain
posted until the contractor has vacated the site.
6. The Project shall comply with adopted regulations of the Tiburon Fire
Protection District.
7. The Project shall comply with adopted regulations of the Marin Municipal
Water District, including landscape and irrigation requirements.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does
hereby adopt the Mitigation Monitoring Program for the Project, attached hereto as Exhibit
"A" and incorporated herein.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on June 7, 20111 by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell & Slavitz
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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TO OF BURON
Town Council Resolution No. 22-2011 61712011 2
ATTEST:
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DIANE CRANE IACOPI. TOWN CLERK
Attachment: Exhibit "A", Mitigation Monitoring Program
S: IAdministration'tTown CouncihResolutions1201I J ford Drive Parking Lot Reso final.doc
Town Council Resolution No.22- 2011 61712011
EXHIBIT `A'
MITIGATION MONITORING PROGRAM
LYFORD DRIVE MULTI-MODAL PARKING LOT PROJECT
FILE # S2010-05
LYFORD DRIVE AND TIBURON BOULEVARD
Air Quality
Mitigation Measure:
AQ-1: To limit the project's construction-related dust criteria pollutant emissions,
the following BAAQMD-recommended Basic Construction Mitigation Measures
shall be included in the contract specifications:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) shall be watered two times
per day.
• All haul trucks transporting soil, sand, or other loose material off-site
shall be covered.
• All visible mud or dirt track-out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per
day. The use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
• All roadways, driveways, and sidewalks to be paved shall be
completed as soon as possible.
• Idling times shall be minimized either by shutting equipment off when
not in use or reducing the maximum idling time to 5 minutes (as
required by the California airborne toxics control measure Title 13,
Section 2485 of California Code of Regulations [CCR]). Clear signage
shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be
checked by a certified mechanic and determined to be running in
proper condition prior to operation.
• A publicly visible sign with the telephone number and person to
contact at the Lead Agency regarding dust complaints shall be posted
at the site. This person shall respond and take corrective action within
48 hours. The Air District's phone number shall also be visible to
ensure compliance with applicable regulations.
Implementation Procedure:
The Building Inspector shall observe the site during all inspections for evidence of
watering or fugitive dust.
MITIGATION MONITORING PROGRAM LYFORD DRIVE PARKING LOT PROJECT FILE #S2010-05 6'2011
Non-Compliance 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.
Cultural Resources
Mitigation Measure
CR-1: If, during construction activities, any archaeological artifacts, previously
unidentified cultural materials, and/or human remains are encountered, the
following measures shall be implemented:
• Construction shall cease and a qualified archaeologist shall visit the
site to evaluate the nature and assess the significance of the find. The
Marin County Medical Examiner's office shall be notified to provide
proper direction on how to proceed. If any Native American resources
are encountered during construction, construction shall cease
immediately until a Native American descendant, appointed by the
Native American Heritage Commission of the State of California is
able to evaluate the site, make further recommendations, and be
involved in mitigation planning.
Any artifacts or samples collected as part of the initial discovery or
monitoring must be properly conserved, catalogued, analyzed,
evaluated, and curated in a manner consistent with current
professional archaeological standards.
• The project sponsor (Town of Tiburon) is responsible for notifying
the contractor in writing of the possibility of such findings. Proof of
this communication shall be provided to the Town Planning staff
prior to the onset of construction.
Implementation Procedure:
Project applicant/contractor and/or Building Inspector shall stop work and inform the
appropriate authorities in the event archaeological resources are found.
Non-Compliance Sanction:
Failure to comply with requirements will result in stop-work orders and fines.
MITIGATION MONITORING PROGRAM LYFORD DRIVE PARKING LOT PROJECT FILE #S2010-05 6/2011 2
Geology and Soils
Mitigation Measure:
GS-1: Contractor adherence to the winterization guidelines would be required by
the Town to avoid substantial soil erosion and soil loss.
Implementation Procedure:
Construction drawings submitted by applicant for building permits must show
compliance with the applicable winterization guidelines to the satisfaction of the Building
Official. Responsibility of Building Official to ensure plans contain this information.
Actual installation of all winterization improvements shall be confirmed by the Building
Official through building permit process during rainy season.
Non-Compliance Sanction:
No issuance of building permit if plans are not in conformance with the applicable
winterization guidelines; no inspections granted if appropriate measures and
reinforcements not installed; halt construction; fines.
Mitigation Measure:
GS-2: Expansive soils on the project site would require stabilization to provide a
suitable subgrade for project facilities. One or more of the following methods may
be used to address the site's expansive soil conditions:
• Scarification and Drying: The subgrade may be scarified to a depth of
six to 12 inches and allowed to dry to near optimum conditions, if
sufficient dry weather is anticipated to allow sufficient drying. More
than one round of scarification may be needed to break up the soil
clods.
Removal and Replacement: As an alternative to scarification, the
contractor may choose to over-excavate the unstable soils and replace
them with dry on-site or import materials. A geotechnical engineer
should be present to provide recommendations regarding the
appropriate depth of over-excavation, whether a geosynthethic
(stabilization fabric or geogrid) is recommended, and what materials
are recommended for backfill.
• Imported and non-expansive material shall be inorganic with a
Plasticity Index (PI) of 15 or less. To prevent significant caving during
utility trenching, imported material shall have sufficient fines.
Information regarding the import source shall be provided, such as
any site geotechnical reports. If the material will be derived from an
MITIGATION MONITORING PROGRAM LYFORD DRIVE PARKING LOT PROJECT FILE #S2010-05 6/2011 3
excavation rather than a stockpile, potholes will be required to collect
samples from throughout the depth of the planned cut that will be
imported. At a minimum, laboratory testing will include PI tests.
Material data sheets for select fill materials (Class 2 aggregate base,
3/4-inch crushed rock, quarry fines, etc.) listing current laboratory
testing data (not older than 6 months from the import date) may be
provided for review without providing a sample. If current data is not
available, specification testing will need to be completed prior to
approval.
• Chemical Treatment: Where the unstable area exceeds about 5,000 to
10,000 square feet and/or site winterization is desired, chemical
treatment with quicklime (CaO), kiln-dust, or cement may be more
cost effective than removal and replacement. Recommended chemical
treatment depths will typically range from 12 to 18 inches
Implementation Procedure:
Construction drawings submitted by applicant for building permits must show
stabilization methods to provide a suitable subgrade for project facilities to the
satisfaction of the Building Official. Responsibility of Building Official to ensure plans
contain this information. Actual installation of all stabilization improvements shall be
confirmed by the Building Official prior to final inspection and sign off on the grading
permit.
Non-Compliance Sanction:
No issuance of building permit and/or grading permit if plans do not include the
applicable stabilization methods; no inspections granted if appropriate measures and
reinforcements not installed; halt construction; fines.
Noise
Mitigation Measure:
N-1. The following noise control measures shall be implemented to mitigate
construction-related noise impacts on nearby sensitive receptors to a less-than-
significant level:
Equipment and trucks used for project construction shall utilize the
best available noise control techniques (improved mufflers, equipment
redesign, use of intake silencers, ducts, engine enclosures and
acoustically-attenuating shields or shrouds) in order to minimize
construction noise impacts.
MITIGATION MONITORING PROGRAM LYFORD DRIVE PARKING LOT PROJECT FILE #S2010-05 62011 4
• Stationary noise sources shall be located at least 100 feet from
adjacent and nearby school and residential receptors if possible. If
they must be located closer than 100 feet from these receptors, they
shall be enclosed within temporary sheds. Enclosure openings or vents
shall face away from sensitive receptors to the north and northeast.
Material stockpiles as well as maintenance/equipment staging and
parking areas shall be located at least 100 feet away from the closest
residential receptors to the extent feasible.
• A designated project liaison will be responsible for responding to
noise complaints during the construction phases. The name and phone
number of the liaison will be conspicuously posted at construction
areas and on all advanced notifications. This person will take steps to
resolve complaints, including conducting periodic noise monitoring, if
necessary. Results of noise monitoring will be presented at regular
project meetings with the project contractor, and the liaison will
coordinate with the contractor to modify any construction activities
that generated excessive noise levels to the extent feasible.
In the event of noise complaints, the contractor will provide
information to the Town within 48 hours of being notified of the
complaint, regarding the noise levels measured and activities that
correspond to the complaints. The contractor will be responsible for
the correct installation and use of all implemented noise control
measures and for complying with noise specifications.
Implementation Procedure:
Ensure contractor and any sub-contractors are aware of the Town's noise control
measures. Building Inspector shall ensure that these appear on the job card. Name and
contact information of designated project liaison shall be provided to the Building
Division prior to issuance of building permit and/or grading permit. Building Inspector
and Police Department to enforce this measure.
Non-Compliance Sanction:
No issuance of building permit and/or grading permit if plans do not include the name
and contact information of designated project liaison; halt construction if noise problems
occur; fines.
MITIGATION MONITORING PROGRAM LYFORD DRIVE PARKING LOT PROJECT FILE #S2010-05 6/2011 5