HomeMy WebLinkAboutResolution 2009-205 N.C.S. 12/21/2009Resolution No. 2009-205 N.C.S.
of the City of Petaluma, California
ADOPTING A MITIGATED NEGATIVE DECLARATION, A MITIGA'T'ION
MONITORING REPORT AND A STATEMENT OF OVERRIDING
CONSIDERATIONS FOR THE SILK MILL HOTEL AND RESTAURANT
LOCATED AT 450 JEFFERSON STREET, APN 007-163-002
CITY FILE Ni1MBER: 09-GPA-0133
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 ("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, 2008; 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 Plan EIR) with the adoption of Resolution No. 2008-058 N.C.S., which is
incorporated herein by reference; and,
WHEREAS, the 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,
WHEREAS, the City prepared 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 significant
environmental impacts of the Project beyond those identified in the General Plan EIR; and,
WHEREAS, on or before November 5, 2009, the City's Notice. of Intent to Adopt
Mitigated Negative Declaration based on the Initial Study, providing fora 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,
WHEREAS, a staff report dated November 24, 2009 and incorporated herein by
reference; described and analyzed the Project and the Mitigated Negative Declaration, including
its supporting technical studies and reports; and,
WHEREAS, the General Plan EIR 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
Resolution No. 2009-205 N.C.S. Page 1
short-term, to the disadvantage of long-term, environmental goals, and will 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; (iv) 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.
WHEREAS, as to the incremental contribution of the Project to cumulative climate
change, the Initial Study and Mitigated Negative Declaration aralyzed 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 the 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 2025 conclusion on cumulative climate
change, the Project's contribution to cumulative climate change impacts is also considered
significant and unavoidable because it cannot be determined with certainty that the Project's
contribution is not cumulatively considerable; and,
WHEREAS, 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
WHEREAS, on November 24, 2009, the Planning Commission completed its review of
the Project, the Mitigated Negative Declaration, and a Mitigation Monitoring Report Program
and recommended adoption of the Mitigated Negative Declaration and the Mitigation
Monitoring and Reporting Program with additions/modifications; and,
WHEREAS, 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,
WHEREAS, the Project does not. have the potential to have a significant 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,
Resolution No. 2009-205 N.C.S. Page 2
WHEREAS, 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, staff reports 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,
WHEREAS, 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 proposed project, File No. 09-GPA-0133, is
the City of Petaluma Community Development Department, 11 English St. Petaluma, CA 94952,
Attri: Irene Borba.
NOW, THEREFORE, BE IT RESOI.VEI) THAT:
1. The foregoing recitals are true and correct and made a part of this resolution.
2. The City 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
significant 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.
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the pp oved as to
Council of the City of Petaluma at a Regular meeting on the 2151 day of December, form:
2009, by the following vote:
Attorney
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None '~
~`~
ATTEST: ~~
City Clerk M yor U
Resolution No. 2009-205 N.C.S. Page 3
~~LU~ City of Petaluma, California Exnlbit A to Resolutlon 2009-205 N.cs.
a y Community Development Department
Planning Division
11 English Street, Petaluma, CA 94952
j85$
Project (dame: Silk IVii09 Ho$el
]File Bdumber: ®9-CaP~--®133
Address/Location: 45® .Deffers®n s$ree$
Reporting/Monitoring Record -Mitigation Measures
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.
~ . '~"
PW BP
PW BP
PW BP_
Geology and Soils Mitigation Measures
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).
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:
a. Throughout the construction process, disturbance of groundcover shall be
minimi~Pd and the existing vegetation shall be retained to the extent
possible to reduce soil erosion. All construction and grading activities,
including short- term needs (equipment staging areas, storage areas, and
field office locations) shall minimi>P the amount of land area disturbed.
Whenever possible, existing disturbed areas shall be used for such
purposes.
Department
PD Planning Division
FM Fire Marshal
ENG Engineering
BD Building Division
PW Public Works
Requested By or Due llate
FM Final Map
BP Building Permit
CO Certificate of Occupancy
SPARC Site Plan and Architectural Review Committee
LTM Long-Tenn Monitoring
Resolution No. 2009-205 N.C.S. Page 4
Silk Mill Hotel File No. 09-GPA-0133
Reporting/Monitoring Record -Mitigation Measures for Approval
~~
,~
City of Petaluma, California
Department Requested B y or Due Date
PD Planning 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
PW Public Works LTM Long-Term Monitoring
Resolution No. 2009-205 N.C.S. Page 5
Silk Mill Hotel File No. 09-GPA-0133
Reporting/Monitoring Record -Mitigation Measures for Approval
City of Petaluma, California
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 fill slopes shall be protected with hay mulch
and/or erosion control blankets as appropriate..
c. Material and equipment for implementation of erosion control measures
shall be on-site by October 1st. All grading activity shall be completed by
October 15th, 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 F_.ngineer, extensions for short-term grading may be
allowed. The L;ngineering Section in conjunction with any specially
permitted rainy season grading may require special erosion control
measures.
PW & BP 3. All construction activities shall meet the Uniform Building Code regulations for
PD seismic safety (i. e., reinforcing perimeter and/or load bearing walls, bracing
parapets, etc.).
PW CO 4. All public and private improvements shall be subject to inspection by City staff for
compliance with the approved Improvement Plans, prior to City acceptance.
PD BP 5. Foundation and structural design for buildings shall conform to the requirements
of the Uniform Building Code, as well as state and local laws/ordinances.
Constriction 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 BP 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 and mitigation measures are being properly
implemented through construction of the project.
PD BP 7. 'The Planning Commission shall review and approve the landscaping plans, which
show how disturbed areas are to be replanted. Any changes to the landscaping
plan as required by the Planning Commission shall be .incorporated into plans
that are submitted for building permit issuance.
Department Requested B y or Due Date
PD Planning 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
PW Public Works LTM Long-Tenn Monitoring
Resolution No. 2009-205 N.C.S. Page 6
Silk Mill Hotel File No. 09-GPA-0133
Reporting/Monitoring Record -Mitigation Measures for Approval
~.,
City of Petaluma, California
PW BP 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 Grading and Erosion Control
Ordinance. The soils report shall address site specific soil conditions (i.e. highly
expansive soils) and include recommendations for site preparation and grading;
foundation and soil engineering design; pavement design, utilities, roads, bridges
and structures.
PW PW 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 die improvement plans and certify the design
as conforming to the specifications. T1ie geotechnical engineer shall also inspect
the construction work and shall certify to the Cite; prior to acceptance of the
improvements or issuance of a certificate of occupancy that the improvements
have been constructed in accordance with the geotechnical specifications.
Constriction 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 during the plan check of building plans in accordance wide Tide 17 and
20 of the Petaluma Municipal Code. As deemed appropriate, all applicable
recommendations in the Geotechnical Investigative report prepared for the subject
property by Earth Science Consultants in January 2007, including but not limited to
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 requured mitigation and
conditions of any project approval and shall be adhered to ensure that appropriate
construction measures are incorporated into the design of the project.
Department Requested B y or Due Date
PD Planning 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
PW Public Works LTM Long-Term Monitoring
Resolution No. 2009-205 N.C.S. Page 7
Silk Mill Hotel File No. 09-GPA-0133
Reporting/Monitoring Record -Mitigation Measures for Approval
Noise Mitigation Measures
City of Petaluma, California
PD BP 1. Plans submitted for building permit shall include an acoustical report describing
die noise measures that have been incorporated into the design of the project to
meet the regtured noise limits per the noise study prepared by Illingworth cot
Rodl;in dated June 19, ?009.
PD BP 2. All construction activities shall be limited to 7:00 a.m. to 6:00 p.m. Monday
through Friday and interior work 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 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 5:30 p.m., Monda}'
through Friday; no servicing of equipment past 6:45 p.m., Monday through
Friday. Plan submitted for City permit shall include the language above.
PD & BP 3. All guest rooms shall include forced air mechanical ventilation systems, acceptable
BP to the local building official, to allow residents the option of controlling noise by
maintaining die windows closed.
4. To achieve the 45 dBA CNI/L 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 STC 30-35 shall be used to reduce single-event from train horns and
further 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.
Department Requested B y or Due Date
PD Planning 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
PW Public Works LTM Long-Tenn Monitoring
Resolution No. ?009-205 N.C.S. Page 8
Silk Mill Hotel File No. 09-GPA-0133 City of Petaluma, California
ReportinglMonitoring Record -Mitigation Measures for Approval
PD & BP
BP 5. All construction equipment powered by internal 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 constnlction
equipment shall avoid proximity to residential areas to the maximum extent
practicable. Stationary construction equipment, such as compressors, mixers,
etc., shall be placed. away from residential areas and/or provided with acoustical
shielding. Quiet construction equipment shall be used when possible.
Prior to issuance of a building/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 shall take prompt action to correct the problem.
Hazard & Hazardous Materials Mitigation Measures
PD BP 1. Prior to 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. t1s
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 mandate, a Sensitive Receptor. Survey should be
performed and the Findings submitted.
Prior to issuance of any development permits and based on the Phase I
Environmental Site Assessment for the subject property, prepared by Dawn Roarty &
Associates, dated December 28, 2005, an Asbestos Containing Materials Report shall
be prepared and provided as part of the permit submittal for review by city staff.
Prior to any development other than 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 best methods to remove any suspected lead based paint 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:
Department Requested B y or Due Date
PD Planning 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
PW Public Works LTM Long-Term Monitoring
Resolution No. 2009-205 N.C.S. Page 9
Silk Mill Hotel File No. 09-GPA-0133
Reporting/Monitoring Record -Mitigation Measures for Approval
City of Petaluma,. California
PD BP ® To alleviate sight distance and safety issues left-turns shall be prohibited at the
intersection of Lakeville Street/Hopper Street- Jefferson Street.
® Left-turn access from Lakeville Street to the project site shall be provided via aleft-
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 for appro:zimately
5 feet to 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.
Department Requested B y or Due Date
PD Planning 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
PW Public Works LTM Long-Term Monitoring
Resolution No. 2009-205 N.C.S. Page 10
Silk Mill Hotel File No. 09-GPA-0133 City of Petaluma, California
Reporting/Monitoring Record -Mitigation Measures for Approval
PD BP Cultural Resources-Mitigation Measures
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:
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.
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.
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 in whole,
and the extent to which such materials can be selectively removed and salvaged
for reuse. Said survey shall be archived in the project files and the local
repository, the Petaluma Library and the Petaluma Museum.
5. Maintenance 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 I-Iistoric 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
Department Requested B y or Due Date
PD Planning 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
PW Public Works LTM Long-Term Monitoring
Resolution No. 2009-205 N.C.S. Page 11
Silk Mill Hotel File No. 09-GPA-0133
City of Petaluma, California
Reporting/Monitoring Record -Mitigation Measures for Approval
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. 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 in whole, and the extent to which such materials
can be selectively removed and salvaged for reuse. Said survey shall be archived
in the project files and die local repository, the Petaluma Library and the
Petaluma Museum.
Department
PD Planning Division
FM Fire Marshal
ENG Engineering
BD Building Division
PW Public Works
Requested B y or Due Date
FM Final Map
BP Building Permit
CO Certificate of Occupancy
SPARC Site Plan and Architectural Review Committee
LTM Long-Term Monitoring.
Resolution No. ?009-205 N.C.S.
Page 12
Silk Mill Hotel File No. d9-GPA-0133
City of Petaluma, California
ReportinglMonitoring Record -Mitigation Measures for Approval
Mandatory Findings of Significance.
IMPLEMENTATION:
PW & BP 1. The applicant shall be required to obtain all required permits from responsible
BP agencies and provide proof of compliance to the City prior to ,issuance of
grading permits or approvals of improvements plans.
PW & BP 2. The applicant shall incorporate all applicable code provisions and required
PD mitigation measures and conditions into the design and improvements plans and
specifications for the project.
PW & BP 3. The applicant shall notify all employees, contractors, and agents involved in the
PD 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.
PW & BP 4. The applicant shall provide for the cost of monitoring of any condition or
PD mitigation measure that involves on-going operations on the site or long-range
improvements, such as archaeological resources, etc.
MONITORING:
PD 1. The Building Division, Planning Division, Engineering Section and Fire
PW Departments shall review the improvement and construction plans for
FD 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.
1'D & BP 2. The Planning Division shall ensure that the applicant has obtained applicable
PW 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.
PD & CO 3. Prior to acceptance of improvements or issuance of a Certificate of Occupancy,
PW all improvements shall be subject to inspection by City staff for compliance with
the project description, permit conditions, and approved development or
improvement plans.
Department Requested B y or Due Date
PD Planning 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
PW Public Works LTM Long-Term Monitoring
Resolution No. 2009-205 N.C.S. Page 13
Silk Mill Hotel File No. 09-GPA-0133
City of Petaluma, California
Reporting/Monitoring Record -Mitigation Measures for Approval
CONSTRUCTION MEASURES:
PD & BP 1. The applicant shall designate a project manager with authority to implement all
P~~ 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 BP 2. Required during construction shall be listed as conditions on the building or
grading permits and signed by the contractor responsible for construction.
CDD CO 3. City inspectors shall insure that construction activities occur with the approved
& PW plans and conditions of approval.
PD & BP 4. If deemed appropriate by the City, the applicant shall arrange apre-construction
PW conference with 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 existing structures are listed on the National Register of Historic Places
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
applicant's historic consultant for consultation on the importance of the historic nature of
structure.
Given that the existing structures are listed on the National Register of Historic Places
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 required recommendations 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 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.
Department Requested B y or Due Date
PD Planning 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
PW Public Works LTM Long-Term Monitoring
Resolution No. 2009-205 N.C.S. Page 14
Exhibit B to Resolution 2009-205 IV.C.S.
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to CEQA Guidelines section 15093, the City Council of the City of Petaluma adopted a Statement
of Overriding Considerations for those impacts identified in the General Plan EIR as significant and
unavoidable. (Resolution 2008-084 N.C.S., May 8, 2008.) Although the City Council adopted a Statement
of Overriding Considerations for the General Plan EIR, pursuant to the court decision in Communities for a
Better Environment v. California Resources Agency, 103 Cal.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 RS to MU2 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 mitigation measures adopted with the General Pian and by mitigation
measures specific to the proposed Project and further implemented through conditions of approval. Even with
mitigation, implementation 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 impacts of for the Project have not been mitigated to acceptable levels, there are specific
economic, social, environmental, land use, and other considerations that render those impacts acceptable.
Unavoidable Si~nifacant Adverse Impacts. The following unavoidable significant environmental cumulative
impacts identified in the General Plan EIR apply to the Project:
(i) Afuture-plus-project deterioration of service at Lakeville and D Streets;
(ii) Cumulative traffic noise at build-out; and
(iii) Cumulative traffic noise combined with possible future rail and/or electric trolley noise, particularly at or
near grade crossings; and
(iv) The Project's contribution to an air quality impact resulting from cumulative population numbers at
General Plan buildout that conflict with the Bay Area 2005 Ozone Strategy; and
(v) An undetermined effect on cumulative global climate change, resulting from regulatory and technical
uncertainties which leaves 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 significant 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.
Overriding Considerations. The City Council previously balanced the benefits of the General Plan 2025
against the significant and potentially significant adverse 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 the Project as further set forth below. Any one of the following listed considerations in and of itself
is suffcient to render the remaining significant environmental impacts of the Project acceptable.
The Project provides for the renovation and re-use of an existing vacant structure listed on the National
Register of Historic Places and the California Register of Historic Resources. The renovation/re-use of
the existing structure will preserve an important historic resource for the community. It preserves and
protects a piece of Petaluma's unique historic character and an irreplaceable resource.
Resolution No. 2009-205 N.C.S. Page 15
2. The Project will provide 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 $334,271 armually per year;
b. Payment of development impact fees in the approximate amount of $2.1 million dollars; and
c. Approximately $29,192 annually in tax increment funds payable to the Petaluma Community
Development Commission.
The Project will provide employment opportunities in the 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.
Resolution No. 2009-205 N.C.S. Page 16