HomeMy WebLinkAboutStaff Report 6.B 12/21/2009o
FORNIA
CITY OF PETALUMA, CALI ®P.C~IV1~J~~' 2 9 y 2OOS
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Agenda Title: Public Hearing and Action to Adopt: Resolution Approving 1Vleeting Date: December 21,
a Mitigated Negative Declaration; Resolution Approving a General Plan 2009
Am'eridrrment from. High Density Residen'tal• (18..1.. - 30.0,) to Mixed-LJse; and
Introduction (First Reading) of an'Qrdinance Amendng,the Zoning Map ao Ndeetin~ Time: ®7:00 PM
Redesignate from R5 to 1VIU2 the Property Known as the Silk Mill, Located •
at 450 7efferson,Street, APN 007-163,-0.02.
Ca"te~oryr ^ Presentation ^ Consent- Calendar X Public Dearing ^ Unfinished Business X New Bti mess
Department: Director: Contact Person: Phone Number:
Planning. Geoff Bradley- Irene T. Borba-Senior 707.-77.8-4'315
nnmgMana er. Plan r
Total Cost of Pro osal r Pr ~ ct•: NIA ~ ~ Name of Fund: N/A
Amount;Budgeted: NIA.. Account Number: N/A
Current Fund:Balance: N/A
• Recommendation: It is "recommended that the City Council take -the :following action:
1.) Adopt ~a Resolution to approve a Mitigated Negative Declaration.
2) ,Adopt a Resolution to. Approve a General Plan Amendment from High Density Residential (18.1 - 3.0.0) to
~Nlixed-Use and ,
3.) Introduction. (First Re'ading)'of an Ordinance Amending the Zoriing,Map to: Redesignate from RS to MU2 the
Property Known as the Silk Mill Hotel
1. ^ First:reading:of'Ordinance approved unanimously, or with unanimous vote to allow posting prior to secgnd reading
2. ^ First reading of Ordinance approved without unanimous vote: Ordinance has been~published/posted prior to second
reading; see-"Attachment
3, ^ Otlier:action re" Hiring s_ ecial notice:: •1VoticeFhas been given, see'Attachment '
Summary Statement:. ~ ~ '
,The Planning Commission reviewed'the proposed project on November 24; 2009. After deliberating' and taking
public testimony the Commission forwarded a recommendation to. the City Council to approve with conditions
the request: to Adopt a:Mitgated 1egative Declaration, Approve a General. Plan Amendment from High Density
Resi'dential';(18.;.1 - 30:0), to Mixed-Use a_nd amend the Zoning Map from RS to 1VIiJ2 for the property located at
45'O J`efferson,3:treet,.APN 007:--163-,002; File No. 09-GPA-01.33.
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At"tach~ments to,~Agenda-PacketI'tem:
1) `zD"raft'.' Resolution Adopting, azlVlitigated Negative Declaration.
"
2
) "Draft"'Reso`l;ution. Approving; a General •~Plan Amendment .from High Density Residential (18.1 - 30.0) to
Mixed-Use•and }
3.) "Draft" :Ordinance. Amending the `'Zoning Map to Redesignate from' RS• to MU2 the Property Known as the
"Silk Mi11.Hote1
4.) ~1?lanning CommissonS:taff Rep"orf:dated November 24,:20.09 and associated attachments and plans:.
Reviewed ,byFinance:`Direc"tors; Reviewed b Ci • tome ~ A rove Ca` 1Vlana er:
- Date:.. ~' e, '~ -
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Rev: ~/~r Date Last Revised: 12L1'S/09 File: s:\planning\city counci \silk mill final council report.dec
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CITY OF PETALLTMA, CALIF®ItN~IA
DecemberZl, 2009
AGENDA DEPORT
FOR
PUBLIC FEARING AND AC'T'ION TO ADOPT' RESOLi1'I'ION APPROVING A 1VIITIGATED
NEGATIVE DECLARA'T'ION; RES"OLUTLON APPROVING. A GENERAL PLAN ANIENDIVIENT
FROM HIGH DENSITY I~SIDENTIAL (18.1 -.3.0.0) TO IVTIXED-USE; AND INTRODUCTION
(FIRST READING), OF AN ORDINANCE AMENDING 'I'.I~~E ZONING MAP 'I'O REDESIGNATE
FROM RS TO MU2 THE PROPERTX KNOWN AS ~IIE SILK MILL IIO`TEL, LOCATED AT 450
JEFFERSON STREET, APN 007-.163=002
1. REGOMIVIENDATION:
It is recommended that the Council .Adopt a. Resolution to Approve a Mitigated Negative peclaratior;
approve a Resolution for a General Plan Amendment from High "Density Residential (1.8...1 3'0.0). to
Mixed-Use and approve a, Zoning Qrdinance Amendment from RS to a Mixed-Use Zoning District
(see Attachment 1, 2 and 3 Draft Resolutions and Draff Ordinance).
2. BACI{GROUND:
r
Historic &Cultural. Preservation. Committee. Meeting:
The project applicant had a preliminary Historic & Cultural Preservation meeting on March 12, 2009.
Should the Council wish to .review what occurred at the preliminary SPARC meeting, the
Commission can review the video on-line on the city's website
(http://cityofpetaliuna.net/cclerk/archives:html~): The Committee was receptive to theproposed'
project but. raised concerns about the re-use of the building because of its historic character and that
the project would be done in accordance to the Secretary of Interiors Standard's.
City. Council Meeting_
On Octolier '6; 2008,;_ the Council adopted Resolution No. 2008;-189 N.C.S. which. required
preparation ~of a Fiscal and Economic Impact .Assessment for projects involving general retail;
grocery;.;hotel.or building and landscape materials that standing alone, or in combination with .any
other uses, have a total, floor area of 25,000 square feet or more. The Resolution required that the City
Counci'~l hold a puYaic hearing. to consider and discuss the FEIA prior to the granting of any land use
entitlements: The... purpose of the hearing is to have a public discussion with the City Council,
applicants, ands the ;public; it is "not intended to require or result in separate findings, conclusions or
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approvals regarding the project. The information in the. FEIA can be used by the applicable City
decision=making bodies during the subsequent entitlement process for the project. The FEIA was
prepared under the City's direction by Bay Area Economics {BAE): The required public hearing was
heard on August 2'4, 2009 by the City Council.
.Historic & Cultural. Preservation Committee Meeting:
The Historic and Cultural Preservation Committee conducted a preliminary" review of the proposed
project on November 24, 2009. The Committee could not "take final action on the design review
decision until. the City Council acts on the other associated entitlements for the project including
adoption of the mitigated negative declaration; and. th'e general plan and zoning ordinance
amendments. 'The Committee appeared to be in favor 6f the proposed design aspects of the proposed
project. The proposed project will have to return to the Historic and Cultural Preservation Committee
for final design review approval. Should.. the Council wish to review what occurred at the preliminary
Historic and Cultural Preservation Committee meeting; the Council can review the video on-line on
the city's website (http:%/cityofpetaluma.net/eclerk/archives.htnil).
Planning Commission Meeting:
The PlanningCommission reviewed the. proposed project on November 24, 2009. After deliberating
and taking public testimony, the Commission forwarded a favorable recommendation to the City
Council to approve with conditions the request to adopt a Mitigated Negative Declaration, a
Resolution to approve a General Plan Amendment from High Density Residential (18.1 - 30.0) to
Mixed-Use and a Zoning Map Amendment from RS to a Mixed-Use Zoning District.
The Commission requested some, rnodfi'cations/additions to :each of the resolutions and the
ordinance, which have been incorporated into. the attached documents. Should the Council wish to
review what occurred at the Planning Commission meeting, the Council can review the video on-line
on the city's website (http://cit~fpetaluma.net/cclerk/archives.hfml).
3. DISCUSSION:
For further discussion and information staff refers the Council, to the Planning Commission report of
November 24, 2009 and its' associated attachments. The Initial Study analyzing the Project's
environmental effects is attached as Exhibit 4 to the Planning Commission -staff report.
Should the Council determine to act on the CEQA resolution, but delay or continue action on the
Project. entitlements, staff recommends that the Statement. of Overriding Considerations which is now
Exhibit B to the draft CEQA resolution be deleted from the CEQA resolution, and adopted separately
at such time, and only if; the Council determines to proceed with Project approval.
4. FINANCIAL IMPACTS:
The applicant",~has paid $16,033'.56 in Development Review application fees to date. The Project is
subject to cost based fee recovery.
Pursuant to the Fiscal &" Economic: Impact Analysis (FEIA) report the overall assessment of the
proposed ~S'ilk'1VIi1l hotel/restaurant. proposal will generate an .estimated $3''34,27°l annually to~ the. City
of Petaluma General fund, owing largely to the transient occupancy taxes generated. It pis. anticipated
that this revenue would not be realized by the City until FY 2011-201.2 "at the earliest.
A'I"I'AC>FIIVIEN'I' 1
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RESOLUTION NO.
RESOLUTION OF THE CITY OE PETALUMA CITY COUNCIL ADOPTING A MITIGATEID
NEGATIVE DECLARA`T'ION, A 1VIITIGATION,MONITORING REPOR'T' ANT)' A STATEMENT OF
OVERIUI)ING CONSIDERATIONS FOR TIIE SILK MILL' HOTEL ANI) RESTAURANT LOCATED
AT 4'50 JEFFERSON ST>EtE'ET, APN 0.07--163-002
City File Number: 09=GPA-0133
WHEREAS, Thom Jess of Arris Studios submitted applcatons;,(09-GPA-01.33).to the City of Petaluma
regarding the property located at 450' Jefferson Street, APN 007-163'=0:02 for a General Plan Amendment,
;Zoning, Ordinance .Amendment and Historic & Cultural Preservation Committee Review ("the Project" or the
"proposed Project"); and
' WHEREAS, the~Project is Located within the study area of the Petaluma General Plan 2025, adopted by
the City on May 19, 2009; and
WHEREAS, in evaluating certain potential environmental effects of the Project, in the Initial Study;.
including but °not limited. to effects :of climate change, water supply; and traffic, the City relied on the program
EIR for the City of Petaluma General. Plan.. 2025, certified on .April 7, 2008 (General P an EIR) with the
adoption of Resolution No. 2008-0`5:8 N.C:S., which is incorporated herein by reference; and
WHEREAS, tlie:General-Plan EIR identified potentially significant environmental impacts and related
mitigation measures and the City also adopted _a Statement of Overriding Considerations for significant impacts
that could not be avoided; and
rWHEREAS, the Cityprepared an: Initial Study for the proposed Project consistent with CEQA
Guidelines. sections 15162 and 15163 and determined that a Mitigated Negative: Declaration was required in
order to:analyze the. potential for new or additional signifi'eant environmental impacts of the Project beyond
those identified in the General Plan EIR; aid•
WHEIZL:AS, on or before November S, 2009, the City's Notice of Intent to Adopt Mitigated Negative
Declaration based on the Initial Study; providing for a 20-day public comment period commencing November
5, 2009 and ending November 24, .2009 :and a Notice of Public Hearing to be held . on November -24, 2009
before the City :of Petaluma Planning. Commission, was published and mailed to all residents .and property
owners within 500 feet. of•the Project as well as all :persons having requested special notice of said proceedings;
and
WT~IEREAS, a' s',taff report dated November 24; 2009 and incorporated herein by reference, described
and; analyzed the Project~`and the 1Vltigated Negative Declaration, ncTudirig its .supporting technical studies and
report's; and ~
WI~EI2>EAS, the ;General Plan EII2 identified significant unavoidable impacts that apply to the proposed
Project, and therefore a Statement of Overriding Considerations must be adopted; and
WHEREAS, there is no substantial evidence in light of the whole record before the -City that the
proposed Project. as mitigated will. have. a significant effect on the environment different. from or greater than
the. significant: effects identified in the General Plan EIR, will not. achieve short-term, to the disadvantage of long-
term, environmental goals, and wil ' not .cause substantial adverse impacts on human beings, other than the
significant impacts identified in the General Plan EIR; and
WHEREAS, The ~ significant- .and unavoidable effects identified. in, the General Plan EIR which are
applicable to the proposed project include (i) afuture-plus-project deterioration of service at Lakeville and D
Streets; (ii) cumulative traffic noise at build-out; (iii) cumulative traffic noise combined with possible future rail
and/or electric trolley noise, particularly at or near grade crossings; (iw) an air quality impact resulting from
cumulative population numbers at General Plan build-out that conflict with the Bay Area 2005 Ozone Strategy;
and (v) a possible cumulative :impact on global climate change. The -Project does not contribute directly to .
population increases within.. the city, but is within the projections of General Plan build-out, which has a slightly
higher population than accounted for in the 2005 Ozone `Strategy
W>EIEREAS, as to the incremental contribution of the Project to cumulative climate change, the Initial
Study and Mitigated Negative Declaration. analyzed additional 'information regarding the .Project and
determined that Project is consistent with all current State measures .and General Plan policies regarding
_.
,greenhouse gas. reduction. The General Plan concluded that cumulative climate change impacts from buildout
would remain significant and unavoidable because of an inability to presently determine with certainty what
emissions reductions will result. from proposed regulatory policies and technical advances by 2025. The
Project is within the scope of General Plan buildout, as analyzed in he Initial Study. The.Project Initial Study.
states that after careful investigation; ,the Project's direct and/or incremental contribution to cumulative climate
change is too speculative to determine because of the difficulty of determining individual contributions to
climate change from a project of this size. Nevertheless, for purposes of consistency with the General Plan EIR
202'5 conclusion on cumulative climate change, the Project's contribution to cumulative climate change impacts
is, also considered significant and unavoidable because it can not be determined with certainty that the Project's
.contribution is not cumulatively considerable; and
WIEIEREAS, the Planning. Commission held a public hearing on November 24, 2009, during which the
Commission considered the Project ;and the Mitigated Negative Declaration 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
W)FIEREAS, on November24, 2009, the Planning Commission completed its review of the Project; the
Mitigated Negative Declaration, and a Mitigation 1Vlonitoring Report Program and recommended adoption of
-the Mitigated Negative .Declaration and' the Mitigation Monitoring and Reporting Program with
additions/modifications; and
WI~EREAS; the .Initial Study and Mitigated Negative Declaration identify mitigation measures
'applicable. to the Project; as set forth. in Exhibit A attached"hereto and incorporated herein by reference; and
• W1FIEIL~AS; the Project does not have the potential to have a si.gnifreant adverse impact' on wildlife
resources as defined in.the State Fish and Game Code, either individually- or cumulatively; though it is not
exempt from Fish and Game filing fees; 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
WI~EREAS, the. City Council reviewed the Mitigated Negative Declaration, all supporting documents,
including but not limited, to the Initial Study, the recommendation of the Planning Commission, staffreports and .
related materials; public comments .and all evidence presented at a noticed public hearing on December 21,
2009; at which time all interested parties had the opportunity to be heard; and
W>EI'EREAS, the Mitigated Negative Declaration and related project and environmental documents,
including the prior General Plan EIR and all of the documents incorporated herein by reference, are available
for, review in the City Community Development Department at Petaluma City Hall, during normal business
hours. The custodian of the documents and other materials which .constitute the record of proceedings for the
• J
proposed. project, File No. 09-GPA-0133, is the City of Petaluma Community Development Department, 11
English St. Petaluma, CA 94952, attn: Irene Borba.
NOW, THEREFORE, IBE IT RESOLVED THAT:
The foregoing recitals are true and correct and made a part of this resolution
2. The Cify, Council reviewed and considered the Mitigated Negative Declaration, including the
Initial Study dated November 5, 2009, its supporting studies and documents, and all information referred to
and/or incorporated herein as .an adequate description of the impacts of the Project -and compliant with CEQA,
and. the City of Petaluma Environmental Guidelines. -There is no substantial evidence in light of the whole
record before the City that the proposed Project as mitigated will have a ignificant effect on the environment
different from or greater than the significant effects identified in the General Plan EIR and described herein.
3. The Mitigated Negative Declaration reflects the City's independent judgment and analysis on the
potential for environmental impacts from the Project.
4. The City Council adopts the Mitigation Measures set forth'in Exhibit A hereto and incorporated
herein by reference as conditions of approval of the Mitigated Negative Declaration and the Project.
5. The. City Council adopts a Statement of Overriding. Considerations for significant unavoidable
impacts from the General'Plan EIR that apply to the Project, as set forth in Exhibit B hereto.
PASSED AND ADOPTED this
AYES:
NOES:
ABSENT:
..ABSTAIN:
day of 2009 by the followingvote:
Mayor, City Council
ATTEST:
City Clerk
~ALU~, .City of Petaluma, California
~' ~ Community Development,Department
Planning Division
IBSa, 11 English Street, Petaluma, CA 94952
Project_Bdaroae: silk 'lellll FOotel
FeBe, B~narveber: ®3-GP-®'I33
Address/Location: 45® .8ef$ers®e~ ste'eet
Reporting/~flonitoring Record - IVlitigafior~ IVleasures
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(s) approval which relies upon a Mitigated Negative
Declaration or an Environmental .Impact Report.
"u: tt'r~~~ .;_ 'a ~ Y."YaT3iff1 ~-,"1-~yJ~31.~'
GeologQ and Soils. Mitigation Measures
P:W. B.P.
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 #1576, Title 17, Chapter 17.31 of the Petaluma Municipal Code).
P.W. B.P.
2. The project sponsor 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 Public
Works, 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:
P'.w. sP. 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 fielel office
locations) shall minimize the amount of land area disturbed. Whenever
• possible, existing disturbed areas shall be used for such. purposes.
Pw BP 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 f 11 .slopes shall be protected with
:Deaartment Requested By or.Due Date Page 1
PD Planning Division FM Final Map
FNL Fire Marshal BP Building Permit
ENG Engineering CO Certificate of Occupancy
BD° Building Division SPARC Site Plan and Architectural Review Committee /f
LTM Long-Term Monitorin r/
Slk.lvlill Hotef File No. 09=GPA-:0133 City of Petaluma, California
R'e,portinglMonitoring' Record -Mitigation Measures for Approval
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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 1 Sth, prior to the on-set of the rainy season, with all
.disturbed areas stabilized and re-vegetated by October 31st. Upon
approval by the Petaluma City Engineer, extensions for short-term
grading may ,be allowed. The Engineering Section in conjunction with
any specially permitted rainy season grading may require special erosion
control measures.
Department Requested B y or Due Date Page 2
PD' Planning Division FM Final.Ivlap
FNI Fire Marshal BP Building Permit
.ENG. Engineering CO Certificate ofOccupancy
BD Building Division - SPARC Site Plan and Architectural Review Committee
LTM Long-Term Monitoring
Silk vlill Hotel File No. 09-GPA-0133 City of Petaluma, California
Reporting/Aonitoring Record`- Mitigation Measures#or Approval
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P.B & s P 3: All. construction activities shall meet the i7niform Building Code regulations for
PD seismic safety (i.e., reinforcing perimeter and/or load bearing walls, bracing
parapets, etc.).
r.:w. c.o. 4. All public and privateimprovements shall be subject to inspection by City staff
for compliance with the approved Improvement Plans; prior to City acceptance.
PD s;P S. 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 the Building Division and must conform to all applicable code
requirements and approved improvement plans prior to issuance of a Certificate
of Occupancy.
PD B-P. 6. Prior to issuance of a grading or building permit, the project sponsor shall
submit.a detailed schedule for, field inspection of work in progress to ensure that
:all applicable codes,. conditions aril mitigation measures are being properly
implemented through construction of the project. -
PD B.P. 7. The Site Plan and Architectural Review Committee (SPARC) shall review and
appcoye the landscaping plans, which show how disturbed areas are to be
;replanted. Any changes to the landscaping plan as required by SPARC shall be
incorporated into plans that are submitted for building permit issuance.
P.w B P 8. Prior to issuance of a grading permit, ~ building permit or approval of an
improvement plan or Final Map; the project sponsor shall provide a Soils
Investigation. and Geotechnical .Report prepared by a registered professional
civil engineer for review and approval of.the City Engineer and Chief Building
Official in accordance with the Subdivision Ordinance and Gradin, g 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.
P.w B P 9. The design of all earthwork, cuts and fills, drainage, pavements, utilities, foundations
and structural components shall conform with 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
' Pa e 3
Deaartment Requested By or Due Date -~ g.
PD 'Planning Division F1VI Final Map
FM~. Eire~.lVlarshal BP Building'Permit
EN.G' '<Erigineering CO . Certif cate of Occupancy
BD Building Division SPARC Site Plan and Architectural Review Committee
• LTM Long-Term Monitoring
Silk'Mill Hotel. File No. 09-GPA-0133 City of Petaluma,. California
Reporting/Monitoring Record. -Mitigation Measures for Approval
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slall 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 witl
the. geotechnical specifications. Construction :and. improvement plans shall be reviewed
for conformance with-the geotechnical specifications by the Engineering Section of the
Community Development Department and the Chief Building Official prior to issuance.
of grading; or building permits: and/or advertising for bids on public ..improvement
projects. Additional soils information. may be required by the Chief Building .Inspector
duririg=the plan check of building plans in.accordance with. Title 17 and 20 of the Petaluma
Municipal Code: As deemed appropriate, .all applicable recommendations in the
~Geoteelinical Investigative report prepared. for the subject property by Earth Science
Consultants in January 2007; including~but;not.,limited"fo pressure cement grouting; use of
Helix screw anchor piers and deepened and stiffened grid-grade beam foundations for new
construction as recommended in the report are herein incorporated for reference .as
required mitigationand conditions of any.project.approval and shall. be adhered to ensure
that appropriate construction measures are incorporated into the' design of the project.
Noise=Mitigation 1Vleasures
1. Plans submitted for building:pernut~ahallinclude an acoustical report describing the;noise
measures that have been incorporated into `thee design of the project to meet.the required
P-D.' B.r. noise limits per tfie noise study prepared by Illingworth & Bodkin dated June 19,.2009.
P-D s.r. 2: All construction activities shall be limited to 7:00 a.m. to 6:00 p.m. Monday through
Friday and interior wor-k only between -9;:00 a.m. and 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 startup of machines~nor+:equipment pnor~to 7:30
am:, Monday through Friday;, no delivery of materials nor equipment prior.to 730` a.m;
nor past 5:30 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.
rD &BD s:P. 3: All guest rooms shall include forced air mechanical ventilation systems, acceptable to the
local :building official, to allow .residents the option of controlling: noise by maintaining
the windows closed.
PD & sr s.r. 4. To achieve the 45 dBA CNEL interior noise standard, windows and ,:doors with a
minimum sound rating of STC 26 to 29 shall be used in ground. and upper level facades of .
units facing: or perpendicular to Lakeville Street. Windows with ratings ranging. from
Departmment Requested ?B y or.Due Date Page 4
PD ~ - Planning Division FlVI Final Map
F1VI =. FielVlarshal BP Building Permit,
ENG Engineering CO Certificate of Occupancy
Building Division
BD SPARC` Site Plan and Architectural Review Committee
,
., LTM Long-Term Monitoring `
/~
Silk MiII Hotel File No. 09=GPA-0133
Reporting/Monitoring Record -Mitigation Measures for Approval
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City of Petaluma, California .
STC 30-35,.shall be used to reduce single-event fi om train:horns and fiuther reduce traffic:.
' noise levels: The final design shall be' reviewed by a. qualified acoustician and a report
- submitted to the City confirming, 'that the design shown on the contacts documents:
incorporates the treatments necessary to meet the City and State requirements of noise
,. control.
5. All construction equipment,:p'owered by infernaL'combustion equipment shall be properly
muffled. and,maintained to minimize noise: Equipment shall be turned off when not in
use.
6. 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 ancUor provided with acoustical shielding. Quiet construction
• equipment shall be used when possible.
7. Prior to- issuance of a liulding/grading.permit; the applicant shall designate a project
manager with authority ,to implement the conditions of approval and. 'who will be
responsible for responding. to any' complaints from the neighborhood. The Project
_ Manager shall. determine the cause. of noise .complaints (e.g. starting too early, faulty
muffler, etc.) and°shalLtake prompt.action to correct the problem..
Deuartment Requested By or Due Date. Page 5
PD ~' ',Planning Division F1VI Final Map
FIyI Fire Marshal BP Building Permit ,
ENG_ Engineering CO Certificate of Occupancy. .
BD $uilding Division SPARC Site Plan and Architectural Review Committee
' LTM Long-Term Monitoring.-
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`Silk. Mill Hotel file No. 09-GPA=O b33 City' of Petaluma, California:
Reporting/Monitoring Record`- IVlitigation Measures for Approval'
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Hazard 8~ Hazardous Materials Mitigation Measures
rD s.P. 1. Prior io. issuance of development permits~'a Work.Plan shall be prepared to propose corrective
action,activities consisting of the excavation:and.removal of source material and treatment of
groundwater at or below ESLs in the :area of the .former USTs. As part of this work, the 4-inch
diameter pipeline identified- during the UST removal activities should be further explored to
verify -.its former use and final destination point. Finally, in accordance with SCDEH's
mandafe; a Sensitive Receptor Survey should:be performed and the findings submitted.
2. Prior to issuance of any development permits and based on the Phase I Environmental Site
Assessment for the subject property, prepared by Dawn Roariy & Associates, dated
December 28', 2005, an Asbestos Containing Materials Report shall be prepared and
provided as'part ofthe permit submittal for review by city staff
3. Prior`to any development other an existing use employ,certified professionals to test for lead
based paints. If found use best methods to remove any suspected lead based paints. If found
use bestmethods to remove any suspected`lead'basedparnt if possible.
Transportation/Traffic Mitigation Measures
1. As indicated in the Updated`Traffic. Impact Analysis prepared by W-Trans, dated July 20,
2009,. the following recommendations shall •be incorporated into the project at time of
developments permits;
rD s.r. ..' To alleviate sight distance andaafety issues left-turns shall be prohibited at the intersection
of Lakeville Street/Hopper Street- Jefferson Street; .in addition to the planned closure of
the Hopper Street approach.
o Left-turn access from Lakeville Street to the project site shall. be provided via alert-turn
lane at Wilson Street; unless infeasible due to right-of--way constraints. In that case, the
left-turn lane shall be installed at the project access driveway (Erwin Street). Outbound
. left-turns shall be prohibited: at this location.
® Parking shall be prohibited on the south side. of Jefferson Street forapproximately`5 feet"to
~D'enartment Requested By or Due Date Page 6
Pp Planriing Division FM Final Map
FM Fire.-Marshal BP Building Permit
ENG. Engineering CO ~ Certificate of Occupancy
BD Building Division SPARC Site Plan and.Architectural Review Committee
` LTM Long-Term Monitoring - I~,
SiIk;,Mill Hotel File Nq. 09=GPA-01.33 City of Petaluma, California
Reporting/Monitoring Record -Mitigation IVleasures for Approval
~i _ Y __.1.. ;~ -
1
the east. and west of the project access driveways and on the west side of Wilson .Street
north and south of the project. access driveways through the use of painted red curbs. or
with the addition;of bulbouts.
o Any proposed vegetation or signs along the project frontages shall be located and
maintained so as to not obstruct the visibility of vehicles- entering or exiting the proposed
project access.driveways.
I)euartment ~ Requested. By'or Due Date Page 7
Pp PlanningDivision FM Final.Map
FMFire Marshal BP Building Permit
ENG': Engineering CO Certificate of Occupancy
BD Building Division SPARC Site Plan and Architectural Review Committee
LTM Long=Term Monitoring ~;.~
Silk"Mill Hotel File No. 09-GPA-01,33
'Repotting/Monitoring Record -Mitigation-:Measures for Approval
'•.[~i
of Petaluma, California
Cultural Resources-Miti~ation.lVIeasures
rD s.P. Pursuant to the recommendations outlined. - in the .Silk Mill Historic Structures . Report
Recommendations the following shall be adhered to for review and approval by planning staff:
1. All work shall. be undertaken by persons, whether professional or tradespersons, with fore-
knowledge of the extent of the historic property and its identified buildings, including their
individual features and elements. '
2. To the ,greatest extent possible, identified historic materials, elements, assemblies and
equipment shall: be retained, repaired and reused in their original locations. Where replacement is
unavoidable; the identified existing historic;materials and assemblies shall be replaced "in-kind".
The phrase "in-kind" means the provision of materials and elements to exactly match the existing
materials and elements to'be replaced.
3. Alternate materials are acceptable for the repair and replacement of identified historic .
materials and elements in concealed. locations, so long as the alternate material or element
matches .characteristics of the existing in all other respects.
4. Prior to undertaking ,repair and alteration work, a detailed survey shall be undertaken
identifying. the extent of historic materials which may be affected by the proposed construction
work. This survey should include the identification of historic materials and elements which will
require removal, in part or ins whole, and the extent to which such materials can be selectively
removed and. salvaged for reuse.
S.1Vlaintenance and repair techniques and procedures require the testing of all proposed
applications to determine the efficacy of the repairs and their compatibility with original
materials. Repair materials and procedures shall be carefully modified to. best meet the
requirements of each required repair application.
6. Plans submitted for development shall- be in accordance to the recommendations outlined in
the Silk Mill Historic Structures Report and Recommendations prepared by Preservation
Architecture (dated April 24, 2009). Said plans shall be reviewed by planning staff and.
written confirmation from the. historic consultant shall be provided stating that the plans
submitted for development permit are in conformance with the recommendations of the
Historic Structures Report and_in accordance to the. Secretary of Interior Standards. The
historic consultant, the contractor and planning staff~shall ensure throughout construction that the
construction activity taking place is consistent with the conditions/requirements of the approval.
Periodic on-site meetings shall occur with planning staff and the historic consultant(s) to confirm
conformance with the approval. Planning staff and the historic consultant shall be contacted
prior to deviations from the approved plans to ensure' consistency with the approval and with the
.Secretary of Interior Standards.
Department Requested By or Due Date Page 8
PD Planning Division FM Final Map
FM File Marshal BP Building Permit
ENG Engineering CO Certificate of Occupancy. ,
BD Building Division SPARC Site Plan and Architectural' Review Committee
;I
LTM Long-Term Monitoring
Silk NIiIC Hotel `File. No. 09-GPA-0133 City of Petaluma;; CalzfoYnia
,Repotting/Monitoring Record -~nAitigation Measures for Approval
`~ =~ ; . .
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a -
1Vlandafory Findings of Significance:
IMPLEMENTATION:
rw~D B.r. ~ 1. The, applicant shall be required t'o obtain all required permits from responsible
agencies and provide proof of compliance to the City prior to .issuance of grading
permits or approvals of.improvements plans.
rwrnD s.r. 2. The applicant shall incorporate all applicable code provisions and required.
mitigation measures and. conditions .into the design and improvements plans and
specifications for the project..
PwrnD B.r: 3. The applicant shall notify all employees, contractors, and agents involved in the
project implementation . of mitigation measures and conditions applicable to the
..project and shall ;ensure compliance with .such measures and conditions.
Applicant shall notify all assigns and transfers of the same:
rwmD a.r. 4: The applicant shall provide for the cost of monitoring of any condition or
mitigation- measure that involves on-.going operations on the site or long-range
improvements; such as~archaeological resources, etc.
1VIONITORING:
rDrnwF. 1. The Building, Division, Planning Division, Engineering Section and Fire
Departments shall review 'the improvement and construction. plans for
conformance with 'the approved project description and all applicable, codes;
conditions,. mitigation measures, and .permit requirements. -prior to approval of !a
site design review, .improvement plans; grading`plans; 'or building permits.
rDrnw B.r. 2. The Planning .Division shall ensure that. the applicant has obtained applicable
required permits from. all responsible. agencies and that the plans and
specifications conform to the permit requirements prior to the issuance of grading
or building permits.
.rD~w: c.o. 3. Priorto acceptance of improvements or issuance of a Certificate of Occupancy, all
improvements .shall be subject-to inspection by City staff for compliance with the-
- project description, permit conditions, and,approved development or improvement .
.Department.
~ Reguested.By or. Due Date Page 9 '
PD Planning Division
. FM Final Map
FM. Fire lvashal BP Building Permit
ENGF Engineering. CQ Certificate of Occupancy
~
;BD Building Division SPARC Site Plan and Architectural Review Committee
/
LTNI Long-Term,lVlonitoring
.
Silk MiII Hotel, Fife No. 09-GPA-0;1'33 . ~ ~ _ City of Petaluma, California:
+ReportinglMonitaring Record,- Mtigafibn~Measures for Approval
f -~
•,.~ - ~.
r'~~ - > _
plans:
CONSTRUCTION MEASURES:
,.
PDT: s'r. 1. The :applicant shall designate a, project manager with authority to implement all
mitigation measures and conditions of approval and. provide name, address, and
phone numbers to the: City prior :to .issuance of any grading permits and signed by
the contractor responsible for`construction.
~~ PD B.P.
. CDD/P _ C`.O.
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P wrnD B.r.
2. Required during .construction shall be listed as conditions on the building or
grading permits and signed bythe contractor responsible for construction:
3. City inspectors shall insure- that construction :activities occur with the approved.
plans.and conditions of approval.
4. If deemed appropriate by the City, the applicant sfiall arrange apre-construction
conference wiffi the construction contractor, City staff and responsible agencies to,review.
the conditions.of approval`prior to the°:issuance of grading and building permits°:. Given
that the exi'sting 'structures are, listed one the National Register of Historic ,P_laces and the
California Register of Historic Resources,, included in this pre-construction meeting shall;
be planning staff (including: the City's~,Historic. consultant) and~;the applicanf'.s historic
consultant for consultation on the importance of the Historic nature of structure.
5. Given.thatthe existing structures, are listed on the National Register of Historic Place's and..
the:: California Register ,of Historic: Resources, planning staff (including the; City's ,Historic
consultant) and the applicant's Historic consultant shall confirm that the plans are_
consistent with the requii'ed;recominendatons as outlined in the historic structures report
and with the Secretary of Interior Standards: The historic consultant, the contractor and'.
'planning staff. shall ensure throughout; construction that the construction activity,- talcutg
place _is consistent with the conditions%requirements of the approval. Periodic on site
meetings shall- occur with planning staff acid the historic `consultant(s) fo confirm+_
conformance with the approval.
S:~PI_anning\CEQA _Docs (all)~IvlitigationMonitoring\silk mill hotel.doc
u. ~ - ,
" Department ;Requested By or Due Date Page 10
PD Planning Division FM, 'Final Map'
FIVI Fire lvlarshal BP Building Permit
ENG' Engineering CO Certificate of Occupancy
BD: Building Division SPARC Site Plan and Architectural Review Committee
LTM Long-Term Monitoring.
EXIFIIBI'I' B
' Statement of Overriding>Consideratons
Pursuant o CEQA Guidelines section 1..5093, the City Council of the City of Petaluma. adopted a Statement
~of Overriding Considerations for those impacts identified. in the General Plan EIR as sigrii'ficant aiid
unavoidable: (Resolution 2008-084'N.C.S., May 8, -2008,.). Althou_ gh the. City Council :adopted a Statement
of Overriding Considerations 'for the General Plan EIR; pursuant to the -court decision ins Communities for a:
Better .Environment v. California Resources Agency, 103 Ca1.App.; the City hereby adopts specific
overriding considerations for. the Silk Mill general. Plan. amendment .from High Density Residential to
Mixed-Use, rezoning of the property from R5 to 1V1V2 and historic .design review ("the Project").
Many of the unavoidable environmental effects identified in the General Plan EIR that are applicable to the
Project will be substantially lessened.by mif~gation measures adopted,with the General: Plan and by mitigation
measures specific to the proposed Project and further implemented through conditions of approval. Even with
mitigation, iinpl`ementation ,of the :Project ,carries with it' certain. unavoidable adverse environmental effects as
identified in the General Plan.:The City Council' specifically finds that to the extent that the identified adverse or
potentially adverse >mpac'ts of for the Project.have not been mitigated to acceptable levels, there are specific
economic;, social, environmental, Tang use; and other considerations that render those impacts acceptable.
Unavoidable Sgnifican"t,Adverse Impacts. The following unavoidable- significant environmental cumulative
impacts identified in the General Plan EIR apply to the Project:
(i) a futtire-plus-project deterioration of service at Lakeville and D Streets;
(ii) cumuIat~e traffic noise. at build-.out;: and
(iii) cumulative traffic noise combined with possible future rail and/or electric trolley noise; particularly at
o`r`near grade-crossings; and
(iv) the Project's contribution to pan air quality impact resulting from cumulative population .numbers at
General Plan buldout that. conflctwith "the Bay Area 2005 Ozone Strategy; and
(v) an .undetermined effect on cumulative global climate change, resulting from regulatory :arid technical
uncertainties -which agaves the City.unable to conclude .that the Project will not make a cumulatively
considerable contribution thereto.
All applicable Project-level General,,Plan policies, programs and implementation measures which were adopted to,
reduce the: ignificarit and unavoidable cumulative effects relevant to the proposed project will be .complied with,.
either by incorporation into the proposed project; through mitigation measures or conditions of.approval.
:; ,.
O:verri'dng Considerations. The City Council :previously balanced the benef is of the General :Plane 2025
against the, significant and potentially significant~adwerse impacts identified in the General Plan EIR. The City
Council now balances the' significant and unavoidable impacts of the Project identified above against specific
benefits of this 'individual Project, °and hereby determines that 'such unavoidable impacts are outweighed by the:
benefits. of ahe Project as further set forth below. Any one ofthe following listed. considerations in and of itself
is sufficient to render the. remaining ignificant environmental impacts ofthe Project acceptable.
1: The Project provides for tle. renovation and re-use of an existing vacant structure listed on the National'..
,Register of Histon'c Places .and the California Register of .Historic Resources. The renovation/re-use of the
existing structure wild. preserve an important historic resource for the community. It preserves and protect"s a
piece ofPetaluma's unique historic character and an irreplaceable resource.
2. The Project will provi$e economic benefits .for the City; as analyzed in the Project's Fiscal Impact
.Analysis (Bay Area Economics, June 2009), which is incorporated~herein by reference, including:
a. A net. positive fiscal impact on the.. City of approximately $3`34,271 annually per year;
~~
ti. Payment of development impact' fees in the.approxi`mate amount of $2.1 million dollars; and
~c~.: Approximately $~2~9, T 92 annua~lly~ in tax increment funds payable to the Petaluma Community
Development Commission.
3~. The Projectwill prowide employment opporturii~tes in th'e City, as outlined in the Fiscal Impact
Analysis, including 32 to 39 permanent jobs upon Project completion, 70% of'which are estimated to be full
time; 24 construction jobs in the first phase of the Project, and 19 construction jobs in the planned second phase
of the Project.
i~~
ATTACITNTENT 2
RESOL><JTION NO:
A RESOLYJTION ®F THE CITY OF' PETALUMA CITI' CO~JNCII, APPROVING AN A1VIElvT)MENT
TO TIIE GENERAL PLAN LAND USE MAP FOIL THE PROPER'T'Y LOCATED AT 450 JPFFEItSON
STREET, ASSESSOR'S PARCEL NO. 007-163-002
WHEREAS, Thom Jess of Arris Studios, submitted applications (09-GPA-0133 to the City of Petaluma
regarding the property located at 450 Jefferson Street, APN 007-163-002 for a General Plan Amendment;
Zoning Ordinance Amendment and Historic & Cultural Preservation Committee Review; and
WHEREAS, the .Applicant wishes to amend the General Plan Land Use Map to designate the above
referenced parcel from High Density Residential (18.2 - 3'0.0 hu/ac) to Mixed-Use; and,
WHEREAS, the Applicants have requested approval of a. General Plan amendment to :allow for a
mixture of uses and renovation and re-use of the existing Silk Mill structures, which are listed on the National
Register of Historic Places and The California Register of Historic Resources, as well as to construct a new
stand alone structure for a hotel and restaurant use; and,
WHEREAS, the City of Petaluma General Plan 2025 was adopted on May 19, 2008 (Resolution No
2008-085), and,
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed
General Plan amendment on November 24, 2009, and has recommended by resolution approval of the General
Plan amendment; and,
WHEREAS, on,December 21, 2009, the City Council reviewed the CEQA evaluation for the Project
and approved. adoption;of aMitigated Negative. Declaration, Mitigation .Monitoring Program and Statement of
OverridingCgnsderatons for the Project, all in accordance with the California Environmental Quality Act an'd
the City of Petaluma. Environmental Guidelines; and
WHEREAS', the.City Council held a duly noticed public hearing to consider the proposed General Plan
amendinent:on.December 21, 2009.
NOW, THEREFORE; BE TT RESOLVED that the foregoing.. recitals are true and correct and made a
part of this resolution.
BE IT FURTITER RESOLVED that the City of Petaluma City Council does hereby find that the
proposed amendments to: the City of Petaluma 2025 General Plan are in the public interest and will not have an
adverse effect on health or safety or be detrimental to the public welfare or be injurious to property or public
improvement and that. the City of Petaluma 2025 General Plan as so amended will remain internally consistent.
BE IT FUR'T'HER RESOLVED that the City of Petaluma City Council does hereby find that the
proposed map and text amendments to the General Plan are consistent with the following goals, policies, and
implementing programs set forth in the General Plan:
Land Use, Growth Management, & the Built Environment:
i~
1-P-1: :Promote a range of land uses at densities and intensities to serve the community. needs within the
Urban Growth Boundary (UGB):
1-P-2: Use and efficiently by promoting infill development, gat equal or higher density and intensity than
surrounding uses:
1-P-6: Encourage mixed'-use d'eveloprnent, which include opportunities for increased transit. access.
1-P-7: Encourage flexibility in building form and. in the nature of activities to allow :for innovation and. the
ability to change over time:
1-P-11: Allow land use intensification at strategic locations along the arterial corridors leading to Downtown
and Central Petaluma; including aging. commercial and industrial uses.
1-R-14: Require provisions of street trees, landscaping, parking-and access features to help integrate
land uses and achieve an effective transition between uses of disparate intensities.
Community Design, Character, and :Green Building:
Goa12-G-2: Maintain and enhance Petaluma's unque`identity and sense of community, history and place.
2-P-3: Maintain landmarks and aspects of Petaluma's heritage that foster `its unique identity.
A. Reinforce the industrial character of the city by:
® Adaptively reutilizing, reusing and preserving ,industrial landmarks such as the Train depot, the
Sunset Line. & Twine building, Petaluma & Santa Rosa Railroad trestle, the livery stable at
Steamer Landing Park,'and existing. granaries.
2-P-5: Strengthen the visual and aesthetic character of major arterial corridors.
Washington Corridor,Sub-area:
The subject property is within the Washington Corridor Subarea of the General.Plan.
Goa12-G-4: Encourage the' evolution of land uses to create~.a corridor of mixed-use development: .
Goal. 2-G-18: Green Building: ,Provide leadership and guidance to ensure the application of sustainable site
planning and green building practices.
2-P-122: Require development projects to prepare a Construction Phase Recycling. Plan that would address the
reuse and recycling of major waste :materials (soil, vegetation, concrete, lumber, metal scraps,
cardboard packaging; etc) generated by any demolition activities and construction of the project.
Goal 3-G-1: Historic .Preservation.. Identify, recognize and protect" Petalurna's unique and irreplaceable cultural
heritage through, the irnplcmentation of policies and programs that maintain the character and
identity of the, community, enhance: the quality of the `built' environment, encourage awareness .and-
appreciation for its history and culture, and contribute to its economic: vitality: Ensure that.- future;
plans, ordinances,, and' City programs are complimentary to the fiistoric preservation- .goals and
policies>contained within this plan.
3=P-1: Protect'hstoric and.archaeological resources for the .aesthetic,, cultural, educational, environmental,
' economic,; and scientific contribution they make to maintaining and enhancing Petaluma's character,
identity and quality of life.
3-P-2: Provide. incentives for encouraging the preservation and revitalization of historic and cultural
resources.
3-P-5: The protection of Historic resources shall be a key consideration and an equal component in the
development review process.
3-P-6: Ensure that new development adjacent to eligible historic and cultural resources is compatible with
the'character of those'resources.
Natural Environment-
4-P-6: Improve air" quality through required planting of trees along streets and within park.
4-P-LSD` Reduce emissions "from residential and commercial uses by requiring the following:
• Use of high efficiency Beating. and other appl'iaiices, such as cooking equipment, refrigerators,
and furnaces, and low NOx water heaters in new and °existing residential units;
• Compliance with or exceed requirements of CCR Title 24 for new residential and commercial
. buildings;
• Incorporation of passive solar building design and landscaping conducive to pas"sive solar.
energy use for both residential and commercial uses, i.e., building orientation in a south.. to
southeast direction,. encourage planting of deciduous trees on west sides of structures,
landscaping. with drought resistant species, :and use of groundcovers rather than pavement to
reduce heat:reflection;
• Encourage the use ofbattery-powered, electric, or .other similar equipment that does not impact
local air quality`for nonresidential maintenance activities;
4-P-16: To reduce combustion emissions during construction and demolition phases, the contractor of
future individual projects shall encourage the inclusion in construction contracts of the following
requirements or measures shown. to be equally effective:
• Maintain construction equipment engines in good condition and in proper tune pier
manufacturer's specification for the duration. of construction;
• Minimize idling time of construction related equipment, including heavy-duty equipment, motor
vehicles, and portable• equipment; "
• Use alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas,
and unleaded gasoline,); '
• Use add-on control .devices such as diesel oxidation catalysts or particulate filters;
• Use diesel equipment that meets the ARB''s 2000. or newer certification standard for off-road
heavy-duty diesel .engines;
• Phase construction of theproject;
• Limit the hours of operation of heavy duty equipment.
Mobility
5-P-19: All new and redesigned streets shall be bicycle and pedestrian friendly in design.
Economic: Health & Sustainabilty
9=P=1: Retain and. attract "basic" economic activities that bring dollars into the local economy by
exporting products;aiid services.
9-P-2: Ensure new .commercial development will have a .net positive.:impact on .Petaluma?s ecgnorny,
existing. businesses, city finances and quality of -life,
9-P-3; Provide,an array of employment opportunities to existing and future residents by assuring diversity
in Petalurria's' industry'and enterprise mix.
9-P-8:: Pursue economic development that is consistent with and supportive of Petaluma's quality of life.
9-P-9: Tncorporate sustanability as a characteristic Petaluma's image
9-P-1,0: Encourage~economic development that will enhance job opportunities for existing City residents.
9-P-18: Strengthen the tourism. sector.
__ _ __
BE I~' FIJR~'IIER RESOLVED that the City of Petaluma City Council approves an amendment to the City of
Petaluma 2025 .General Plan to re-designate the land use applicable to the property commonly known as 450
Jefferson Street, APN 007-163-002.from High Density Residential (18.2 - 30.0 hu/ac) to Mixed-Use.
~I
PASSEID, APP120VED AND ADOPTED this day of , 2009 by the following vote:
AYE'S:
N®ES:
ABSENT:
ABSTAINS
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ATTACHMENT 3
ORDINANCE OF TI=IE .CITY C®UNCII, OF T>FIE CITY OF' P~'TALUMA AMENDING THE ZONING
1VIAP CONTAINED IN THE IIVIPLEIVIENTING ZONING ORDINANCE, ORDINANCE NO. 2300
NC:S., TO: REDESIGNATE'. FROM RS TO MU2'THE' PROPERTY .KNOWN AS THE SILK 1VIILL,
I;OCATED AT 450 JEFFERSON` STREET, APN 007=163=002
WHEREAS', Thom Jess: of Arrs Studios submitted :applications' for an amendment to Implementing
Zoning .Ordinance (IZO) to re-designate ;property known as the .Silk Mill;, located at 450 Jefferson Street;. APN.
007=163-002 from. R5 to NIU2 for the purpose of renovating and re-using the existing Silk Mill structures;
which are fisted on the National Register of Historic Places and The California Register of'Hstoric .Resources,
as well as to construct a new standalone structure for a hotel and restaurant use,
WIIE~AS, the City's. Plaiming Commission held a duly noticed public hearing to consider the
proposed Implementing Zoning Ordinance amendment on November 24, 2009 and has recommended by
resolution approval of said amendment; and
WHEREAS, the City Council held a duly noticed public hearing to consider the proposed
Implementing Zoning Ordinance .amendment on December 21; 2009; and
WIIE>L2EAS, on December 21, _2009,, the City Council reviewed-.the CEQA evaluation. for the Project
and approved adoption of a Mitigated Negative Declaration, Mitigation Monitoring Program and Statement. of
Overridng.Consideratons~ for the Project;, all' in accordance with the California Environmental Quality Act and
the City of Petaluma Environmental Guidelines.
FINDINGS
'The proposed amendment. serves the public necessity,. convenience and .general welfare because ;it will
allow for the. renovation and re-use-of an existing vacant structure that is on the :National :Register of
Historic Places and the California Register of Historic Resources; therefore preserving, an important
Historic resource and. the proposed hotel and restaurant uses and in keeping' with the general intent and
spirit of the zoning regulations of tfie City.
2. The proposed' amendment is in :general conformity with the Petalurria General Plan 2025 because it"
°ideitifies; recognizes and protect one of Petaluma's unique and irreplaceable cultural heritage resources.
`The proposed.project enhances the, quality of the built environment,. encourage awa"renes~s and' appreciation.
for~its:history;arid.culture, and contribute to its economic vitality. The City's General Plan recognizes that
protection: of'historic resources shall be .a key .consideration and an equal component in the development
review process and ensures that. new development adjacent to historic and cultural resources is .compatible
with the char-acter of those. resources.
3. The proposed amendment is also consistent with the General Plan policies as set forth in Resolution No.:
2009- N.C'.S. amending the General Plan adopted herewith and, incorporated herein byreference.
NOW,, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETAI.UMA
AS FOLLOWS:
The property commonly known. as 450 Jefferson Street; APN 007-163-002 shall .be redesignated on the
City of Petaluma Zoning Map, contained in the Implementing. Zoning Ordinance, from RS to MU2, Mixed-Use
zoning- district (MU2), subject to the conditions set forth in Exhibit A hereto, which are incorporated herein by
reference.
)Exhibit A
CONDITIONS OF APPROVAL,
Silk Mill Motel
450 Jefferson Street
APN 007=163-002
City File Number: ~09-GPA-0133
From Planning:
Before -issuance of any development permit, the applicant shall revise the site plan or other first: sheet of
the office and job site copies of the Building Permit plans to list these Conditions of Approval and the
Mitigation Measures as notes.
2, The plans submitted for building perin~it review shall be in substantial compliance with the plans date
stamped November 4, 2009.
3. All mitigation measures .adopted in conjunction with the Mitigated Negative Declaration for the Silk Mill
project are herein incorporated by reference as conditions of project approval.
4. Upon approval by the City Council, the applicant hall pay the Notice of Determination fee to the
Planning Division. The check shall be. made payable to the County Clerk. Planning staff wi l f le the
Notice of Determination with the County Clerk's office within five (5) days of receiving. Council
approval. The State Department of Fish and Game has eliminated the fee exemption for projects
determined that have a de minmis effect on fish and wildlife and requires that.. an environmental filing fee
be paid, (as required under Fish and Game Code Section 7T1.4d). to the Sonoma County Clerk on or
before the filing of the Notice of Determination (as of January 2009, the feel is $.1,993, contact them at
..
944-5500 to confirm).
Prior to building permit approval,, the plans shall note the installaton,ofbigh efficiency heating equipment
(90% ~or -higher heating/furnaces) and low NOx water heaters (40. or less) ~m compliance with policy 4-P-
l5D ("reducing, emissions). -
6. Prior. to building' or grading permit approval; all plans shall note the following and all construction .
contracts shall, include the same requirements (or measures shown to be equally effective, as approved by
Planning);; in compliance with, General Plan Policy 4-P-16;
• Maintain construction` equipment engines in good condition and in proper tune per manufacturer's
specification for the duration of construction;
• Minimize :idling time of construction related equipment, including heavy-duty equipment, motor
vehicles; and portable equipment;
• Use alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas; and
unleaded gasoline);
• Use add-on control devices such .as diesel oxidation catalysts or particulate filters;
• Use diesel equipment that meets the ARB's 2000 or newer certification standard for off--road heavy-
duty diesel engines;
• Phase construction of the project; and
• Limit the hours of operation of heavy duty equipment.
a
7. Prior ao building or grading permit issuance, the applicant shall provide a Construction Phase Recycling
Plan that would address the reuse and recycling of major waste materials (soil, vegetation, concrete,
lumber, metal scraps, cardboard, packing, etc., generated by any demolition activities and construction of
the project, in compliance with General Plan Polley 2-P=122. for review by the planning staff.
Plans submitted for building permit shall- include pre-wiring for solar facilities -for each of new structure
subject to staff review and approval. ,The applicant shall also look into the .feasibility if pre-wiring; for
solar facilities for the existing structures.
9. Prior to building permit. approval,. -the applicant shall submit the Green Points Checklist showing the
number of Green. Points under the Build It Green program that will be achieved. Prior to building permit
issuance, the Checklist .shall be ubmitted and the building permit plans shall depict/note the relevant
measures. Prior to building permit final, the project (or each unit or building) shall be Green Point Rated.
10. Pr"ior to issuance of a grading/ building permit, the applicant shall provide a lighting plan for planning
staff reviewing acid approval. Said` lighting plan shall .include exterior light locations and details of the
proposed fixture type and the lumnmens. All lighting shall be .glare-free, hooded and downcast in order
to prevent glare into bicyclists' and pedestrians' eyes.
1-,1.. The applicant shall be subject but not limited to to the following Special development fees: Sewer and
Water Connection, Community Facilities, Storm Drain, Public Art Ordinance (Ordinance No. 2202
N.C.S., .School Facilities and Traffic Mitigation fees. Said fees are due at time of issuance. of building
permit at which time; other pertinent fees that maybe applicable to the proposed project maybe required.
12. All construction activities shall be limited to 7:00 a:m. to 6:.00. p.m. 1VYonday :through Friday and interior
work only between 9:00 a.rn. and 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 nor equipment
prior to 7:30 a;m., Monday through Friday; no delivery of materials nor equipment prior to 7:-30 a.m. nor
past. 5:3:0 p.rn., 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.
1.3. Signs are not .approved as part of`this project proposal. Signs require a sign permit.
14. In the event that archaeological remains are encountered. during grading, work shall be halted temporarily
and a qual~~ified, archaeologist shall ~be consulted for evaluation of the artifacts and to r,ecommend~ future
. action. Thee local=Native American community shall also be notified. and consulted in the :event any
archaeological remains are uncovered.
15. As recommended ,by the arborist the final project design shall incorporate appropriate tree protection
procedures as part of the improvement plans to provide tree protection consistent with General Plan policies
arid all applicable City-regulations.
16. The applicant shall. incorporate the following Best Management Practices into the construction and
improvement plans and clearly indicate 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.
i. Grading and construction equipment operated during construction activities shall be properly
muffled and maintained to minimize emissions. Equipment shall be turned off when not in use.
ii. Exposed soils shall be watered periodically during; construction, a minimum of twice daily. The
frequency of watering shall be :increased if wind speeds exceed 15mph. Only purchased city water
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or reclaimed water shall be used for this' purpose. Responsibility for watering shall include
weekends and holidays when work is not `in progress.
iii. Cons°t'iuc'ton sites involu~ng• 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 cleared of mud and dust carried onto the street by construction
vehicles,
iv. During excavation activities; haul trucks used to transport 'soil shall utilize tarps or other similar
covering devices to reduce dust. emissions.
v. Post-construction re-vegetation; repaving. or soil stabilization of exposed oils shall be completed
in a timely manner .according. to th'e approved Erosion and :Sediment Control Plan and verified by
City inspectors prior to acceptance of improvements or 'issuance of a certificate of occupancy.
vi. 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 permit.
17. The .applicant .shall defend, indemnify and.. hold harmless the City and its officials, boards, commissions;
agents, off cers and employees ("Indemnitees") from any claim, action or proceeding against Indemnitees
to attack; set aside, void or annul any of the approvals of the project to the. maximum extent permitted by
Government Code section 66477:9. To the extent permitted by 'Government Code section 66477.9, the
applicant's duty to defend, indemnify;and hold harmless in accordance with this condition. sha'lI apply to
any and all claims, actions or proceedings brought concerning, the project, not just such claims, actions or
proceedings brought within the time period prodded for in applicable State and/or- local statutes.• The City
shall promptly notify the subdivider of any such claim, action or proceeding concerning the subdivision.
The City shall cooperate fulhy'n. the defense. Nothing contained in this condition shall prohibit the City
. .from participating in'the defense of any claim, action,. or proceeding, and if the City chooses to do so,
applicant shall reimburse City for attorneys' fees and costs incurred. by the City to the maximum extent
permitted by Gove"rnment Code section 66477.9.
From Department of Public Works (En irieerin~ Division
Development :Engineering .has reviewed the subject application and :requires the following. conditions of
approval. All conditions shall be addressed.pror to issuance of any construction permits, unless otherwise noted
and shall be completed to the satisfaction of the City Engineer.
18. City standard .frontage -improvements shall be installed along Lakeville, Jefferson. and: Wilson .Streets as
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proposed by the applications plans. Improvements shall include, but not be limited. to pavement; curb;:
gutter, si'dew:alks', sidewalk ramps. and street Iights.:In locations where curb;; 'gutter' and ,sidewalk are
indicated to ,remain, any broken or displaced. areas shall be replaced. Any unused driveway approaches •
shall. b,e removed and :replaced with curb, gutter and sidewalk. The minimum pavement section is 6-
inches of'asphalt concrete (AC) over 21-.inches of class 2 aggregate base (AB) for Lakeville Street, and 4-
in~hes of AC over 12-inches of class 2 .AB on Jefferson and Wilson Streets. Pavement conforms shall be
completed to the satisfaction of the City Engineer. ,The sidewalk width along tfie Lakeville Street
frontage shall be 6-feet.
19. Lakeville Street. shall consist of.four,, l l-foot wide through travel lanes, one 10-foot wide left. turn pocket
into the project site, and two, 5-foot wide bike lanes. Lane line striping, tapers and conforms are suliject
to the approval by the City Engineer.
2Q. S,tripi_ng and signage ,shall be as proposed on the plans, unless otherwise 'n'oted herein, including but
limited to centerlines, lane lines, bike lanes and legends, crosswalks, stop bars and legends and all City
standard traffic signs.
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2'1. Based~on sight distance and safety concerns, left-turret movements at the intersection of Lakeville Street
and 7efferson Street shall be prohibited, as recomm_ ended' in the July 2009 Traffic Impact Analysis
prepared -for the project. ~ •
a. Measures on Jefferson Street should include .additional signage and a channelizing island to
allow only right-turn movements. The design hall provide for emergency vehicle access..
b. Left-turn' access from southbound Lakeville Street should be prohibited in a manner that does, not
impact left-turn movements to and from Hopper Street prior to closure of the at-grade rail
crossing..
22. Left-turn access to the site shall be provided via a new .left-turn lane on Lakeville at Erwin Street (project
driveway), while outbound left-turns shall be prohibited at this .location. As recommended in the July
2009 Traffic Impact Analysis prepared. for the project.
a. A minimum of 50-foot vehicle stacking length. should ~be provided.
. b. With condition. of limited access; a spl~itter island shall beinstalled to limit all other movements
and assist in the reduction of the overall entry width of the driveway.
c. The design shall prov,'ide for emergency vehicle access.
d. Sight distance for egress :movements shall be maintained at all times. Relocate/remove larger
vegetation and replace it•.wth lower growing ground. cover, as necessary, as part of the building
permit/public improvement plan review.
23. Parking shall be prohibited, by painted red curb, on the south side of Jefferson Street: and the west side of
Wilson Street for approximately 25 feet on both sides of the: project access driveways, as recommended
in the Ju1y2009 Traffic Impact Analysis prepared for the project.
24. ADA compliant pedestrian ramps. shall be provided at all locations within the project and at all new
crosswalks along the project frontage.-
25. Any proposed vegetation or signs along the project frontage shall be located so as to not obstruct sight
distance of vehicles accessing the project driveways or adjacent streets segments.
26. City standard street lights shall be installed. along Lakeville, Jefferson and Wilson Streets per City
standards..As an option and at the discretion of the :City Engineer, the City may require the. installation of
LED street lights.
ZT. Existing overhead utilities along the frontages and traversing the ,property shall be placed underground
except for the''12~kv lines and pole. designated on the application plans.
28. Grading and excavation shall conform to the soils investigation report prepared- exclusively -for 'this
property: '
29. City utilities (water, sewer and storm drain) construction shall conform to City standards. Abandon any
unused water services,. sanitary sewer laterals and or storm. drains. Public storm drains shall be at least
15-'inches in diameter. Reroute the storm drain pipe in the front parking lot to prevent public right-of--.way
draina'ge' from crossing private'property.
30. Final storm water calculations shall be provided indicating -that the project complies with the City
NPDES, Phase II storm. water regulations, attachment 4.
31. Dedicate the necessary public right-of--way, as indicated on the application plans. Dedicate necessary
right-of--way for the installation of the sidewalk ramp at the corner of the property identified as APN 007--
154-01.9.. In lieu of dedication provide a mechanism for permission to construct the sidewalk ramp that is
satisfactory to the City Engineer:
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32. Obtain all necessary easement and/or encroachment:rights from the City and/or execute an agreement for
the; joint use and maintenance of Sunset. Park,.. t_he prgpo ed parking court and all parking within the
Lakeville/Erwin Street right-of--way (the "joint use `areas"). The agreement shall be reviewed and
approved by the City Attorney,. Public Works Department and City Council, if necessary, and be
recorded prior to issuance of a building permit. The developer shall be responsible for parking lot
pavement and striping maintenance,, signage, park landscape maintenance and irrigation costs. The
agreement ~shall~ also contain a legal description and graphical exhibit defining the exact- area. to be
included- (parking lot, park area, etc.) and shall provide for public. access during park hours of operation
from 6:00 a:m. to 10,:00 p.rn. per Municipal Code 'Section 13.28.200. The developer shall indemnify;
defend and hold the City harmless for all activi"ties in the joi~~nt use areas to the full extent permitted by
law, and provide insurance for the joint use areas in a form and amount satisfactory to the City Risk
Manager and naming the City as an additional insured on said policy.
33. The developer shall be responsible for parking lot pavement and striping maintenance, signage, park
landscape maintenance and irrigation costs. The agreement shall also a legal description and graphical
exhibit defining the exact area to be included (parking lot, park area, etc.) and shall include park hours of
operation from 6:00 a.m, to 10:00 p.m. per Municipal Code Section 13.28.200. The developer shall hold
the City harmless for all activities at Sunset Park, include Sunset Park in the hotel insurance policy as
well as name the City as additional insured on said policy.
34. Public Improvement plans shall be .prepared for the construction of improvements in the public right-of-
way. Apublic improvement agreement, bonds, insurance and fees shall be required. Provide scanned
record drawings prior to .release of the performance bond.
35. The applicant shall install a bus stop on Lakeville Street, near the intersection of Jefferson Street. The
stop shall contain an ADA accessible concrete pad' and bus shelter and appropriate signage. The exact
location of, the shelter shall be determined during review of the public .improvement plans and is subject
to the approval by the Public Works Department.
From the Fire Marshal:
This is a conditional approval based on the requirements below being completed prior to occupancy.
36. The "traffic calming islands" (TCI) depicted on Lafranchi "Fire Truck Turning Exhibit" appear to allow
truck access; however access through seems to be very "tight/close". Be advised the TCI may need to be
reduced ,in size. and/ir mod. ified to .allow full unrestricted truck access and this -issue 'is subject to final
approval acid review by the Fire Marshal and City Engineer prior to submittal of the improvement plans.
37. The "detector cheek" .shown on SPGS must be a double detector check valve and -meet City of Petaluma
Standards.
38. The developer must verify minimum fire flow c_ alculations and .make sure underground pipe is sized
appropriately for the expected sprinkler demand. This must be submitted prior to the site improvement
plans. The underground work must be done under permit. from the Fire Marshal's Office with a
minimum of three (3) sets of plans submitted for review and approval.
39. The elevator shall be sized to easily accommodate afull-size gurney and must be approved and
coordinated with the FireMarshal's Office.
40. Pursuant to Petaluma City Ordinance (905.3.1) a Class I standpipe 'is required for 3 stories or over in
height and/or if, in the opinion of the Fire Chef, a hazard or condition exists in which the installation of
standpipes would improve firefighting operations. Class I standpipes may be required for both phases.
a~
From the WaterResources and Conservation Department:
41. Plans submitted 'for .development .permit shall be; in `conciplianee with the City of Petaluma's Water
Conservation Regulations Ordinance 15.17; said plans shall be reviewed by Water Resources and
Conservation.
42. Plans submitted for development permit shall include an irrigation plan as specified in the City of
Petaluma's Water Conservation Regulations Ordinance :15.17; said plans shall be reviewed by Water
Resources. and Conservation..
43. Plans submitted for developmentperrnitshallspecifyall waterusingapparatus (indoor and outdoor) to be
installed per City of Petaluma's Water Conservation Regulations. Ordinance 15.17; said plans shall be
reviewed by Water Resources' and Conservation.
From the Petaluma Pedestrian &. Bicycle. Advisory Committee:
44. Plans submitted for development°;permits shall include an inverted U shaped style bicycle rack at the
front of the .development. Said bike rack. shall be installed prior to final nspection/certficate of
occupancy:
45. Plans submitted for development ,permits shallinclude two employee showers and associated lockers.
Said showers and associated lockers. s11a1 be installed prior to final inspection/certificate of occupancy.
46. Plans submitted for development permits shall include 2 park.benches in.front of the development. Said
benches shall be installed prior to final. inspection/certificate of occupancy.
47. PIans.submitted for development permits shall. include a.drinking fountain in park. fronting development.
Said.water fountain shall be installed prior to final inspection/certificate of occupancy.
Standard.Desi~n Review Conditions:,
48. External ,downspouts shall be .painted to be compatible with °the proposed building colors. Scuppers
without drainage pipes may not be :installed because of probable 'staining of walls (overflow scuppers. are
excepted);:
49'. The site shall be kept clear. at all.. times of all garbage and debris. No outdoor storage hall b:e permitted.
S0. A~11 planting; shall be maintained in good growing condition: Such 'maintenance shall include;. wh'ere~
appropriate, pruning; mowing; weeding, cleaning. of •debris and trash, fertilizing and regular watering..
Whenever':necessary, planting shall be replaced with other plant materials to insure .continued compliance
withapplicabl'e landscaping=requirements: Required irrigation systems shall'be fully :maintained in sound
operating condition with ~ heads periodically cleaned and replaced when m'ssng to insure continued
regular watering of landscape areas, and health and vitality of landscape materials:
51. Construction ,actviti'es -shall. comply with applicable Zoning Ordinance and Municipal Code Performance
Standards (noise, dust; odor; etc:) unless as otherwise noted/conditioned above or in the initial
study/environmental locum. ent.
52. Herbicides/p,estieides shall riot be applied in areas used by pedestr-ians/bcyclsts within the project
without first: providing appropriate signs warning of the use of chemicals.. The. project. shall utilize Best
Management Practices regarding pesticide/herbicide use and fully commit. to .Integrated Pest
Management techniques for the protection of bicyclists and pedestrians.
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53. All trees'shall be a minimum fifteen (15) gallon size, unless otherwise specified smaller (5 gallon) may
be considered in areas not subject to high pedestrian access or based on site specific and design purposes
and larger (24" box sized) and. installed to City planting .and staking standards;, trees may be required in
highly visible areas; all. hrubs shall be five gallon size. All planted areas not improved with lawn or other
groundcover material shall be protected with atwo-inch deep organic mulch as a temporary measure until
the ground cover is established.
54. All plant material hah be served by a City approved automatic underground irrigation system.
55. All planting shall be maintained in good growing condition. Such maintenance shall include, where
appropriate, pruning, mowing, weeding, cleaning of debris and trash, fertilizing and regular watering.
Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance
with applicable landscaping requirements. Required irrigation systems shall be fully maintained in sound
operating condition with heads periodically cleaned and replaced when missing to insure continued
regular watering of landscape areas, and health .and vitality of landscape materials.
56. Linear root barrier systems shall be utilized for trees near public streets or walkways as needed, subject to
staff review (planning and/or engineering) and approval.
57. All street trees and other plant materials within the public right-of--way shall be subject to inspection by
the project landscape architect or designer prior to installation and by City staff prior to acceptance by the
City, for conformance with the approved quality specifications.
58. All tree stakes and ties shall ~be removed within one year following installation or as soon as trees .are- able
to stand erect without support.
59. Public utility access and easement locations and widths shall be subject to approval by PG&E, Pacific
Bell, SCWA, all other applicable utility and service companies and the.City Engineer and shall be shown
on the plans.
60. All work within ,a public right-of-way requires an encroachment permit from the Public Works
Department.
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