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HomeMy WebLinkAboutOrdinance 2363 N.C.S. 01/04/20101 2 3 4 5 6 7 8 9 10 11 EFFECTIVE DATE ®F ®RDINANCE February 4, 2010 Introduced by Teresa Barrett ORDINANCE NO. 2363 N.C.S, Seconded by Mike Harris ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE ZONING MAP CONTAINED IN THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S., TO REDESIGNATE FROM R5 TO MU2 THE PROPERTY KNOWN AS THE SILK MILL, LOCATED AT 450 JEFFERSON STREET, APN 007-163-002 WHEREAS, Thom Jess of Arris 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 MU2 for the purpose of renovating and re-using 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's Planning 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, WHEREAS, 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 Overriding Considerations 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 the City. 2. The proposed amendment is in general conformity with the Petaluma General Plan 2025 because it identifies, recognizes and protect one of Petaluma's unique and irreplaceable cultural heritage resources. The proposed project enhances the quality of the built Ordinance No. 2363 N.C.S. Page 1 environment, encourage awareness and appreciation for its history and 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 character of those resources. 3. The proposed amendment is also consistent with the General Ptan policies as set forth in Resolution No. 2009- _ N.C.S. amending the General Plan adopted herewith and incorporated herein by reference. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA 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 R5 to MU2, Mixed-Use zoning district (MU2), subject to the conditions set forth in Exhibit A hereto, which are incorporated herein by reference. INTRODUCED and ordered posted/published this 21 S' day of December, 2009. 21 22 ADOPTED this 4fh day of January, 2010 by the following vote: 23 24 AYES: Barrett, Vice Mayor Glass, Harris, Healy, Babbitt, Renee, Mayor Torliatt 25 NOES: None 26 ABSENT: None 27 ABSTAIN: None 28 29 30 31 32 33 34 35 ATTEST: 36 37 38 39 City Clerk 40 41 42 43 44 45 Ordinance No. 2363 N.C.S. Page 2 1 2 3 4 CONDITIONS OF APPROVAL 5 6 Silk Mill Hotel 7 450 Jefferson Street 8 APN 007-163-002 9 City File Number: 09-GPA-0133 From Planning: Exhibit A 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 permit 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. Upon approval by the City Council, the applicant shall pay the Notice of Determination fee to the Planning Division. The check shall be made payable to the County Clerk. Planning staff will file 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 minimis effect on fish and wildlife and requires that an environmental filing fee be paid, (as required under Fish and Game Code Section 71 1.4d) to the Sonoma County Clerk on or before the filing of the Notice of Determination (as of January 2009; the fee is $1,993, contact them at 944-5500 to confirm). The outdoor fire pit shall be a gas/propane (not wood burning), Plans submitted for building permit shall include said information for review by planning staff. Prior to issuance of development permits, the applicant/developer shall install a sign on the property for review by the planning staff. Said sign shall include information that provides the date of construction, a project description, and contact information for the architect/developer and/or project manager. Plans submitted for development permit shall include a minimum of two (2) parking stalls with the appropriate electric infrastructure installed for electric vehicles for review by planning. 8. The City Council at its meeting of December 21, 2009 made the following recommendations: e No Acacia trees to be planted. Use other appropriate tree on City's list of trees. Ordinance No. 2363 N.C.S. Page 3 o Date palms seedlings on property- Applicant work with tree committee on the possibility of donating the seedlings and planting them at the depot site. ® Like to see water catchment on-site considered. ® Consider a water tank to be installed on the existing water tower. ® Consider offsetting the corrugated metal on the proposed new structure. ® Consider meandering sidewalks on .Lakeville. o Consider the design of the bus shelter on Lakeville so that it is appropriate for the site and the building given their historic nature. Prior to building permit approval, the plans shall note the installation of high efficiency heating equipment {90~ or higher heating/furnaces) and low NOx water heaters (40 or less) in compliance with policy 4-P-15D (reducing emissions). 10. 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- 1 b: ® 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. 1 1. Prior to 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 Policy 2-P-122 for review by the planning staff. 12. 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. 13. 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 submitted 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.. 14. Prior to issuance of a grading/ building permit, the applicant shall provide a lighting plan for planning staff reviewing and approval. Said lighting plan shall include exterior light locations and details of the proposed fixture type and the lumens. All lighting shall be glare-free, hooded and downcast in order to prevent glare into bicyclists' and pedestrians' eyes. 15. The applicant shall be subject but not limited to the following Special development fees: Sewer and Water Connection, Community Facilities, Storm Drain, Public Art Ordinance Ordinance No. 2363 N.C.S. Page 4 (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 may be applicable to the proposed project may be required. 16. 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., 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. 17. Signs are not approved as part of this project proposal. Signs require a sign permit. 18. In the event that archaeological remains are encountered during grading, work shall be halted temporarily and a qualified archaeologist shall be consulted for evaluation of the artifacts and to recommend future action. The local Native American community shall also be notified and consulted in the event any archaeological remains are uncovered. 19. 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 and all applicable City regulations. 20. 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 1 Smph. Only purchased city water or reclaimed water sha11 be used for this purpose. Responsibility for watering shall include weekends and holidays when work is not in progress. iii. Construction sites involving 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 soils shall be completed in a timely manner according to the 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. Ordinance No. 2363 N.C.S. Page 5 21. The applicant shall defend, indemnify and hold harmless the City and its officials. boards, commissions, agents, officers 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 shall 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 provided 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 fully in 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 Government Code section 66477.9. From Department of Public Works (Engineering Divisionl: Development Engineering has reviewed the subject application and requires the following conditions of approval. All conditions shall be addressed prior to issuance of any construction permits, unless otherwise noted and shall be completed to the satisfaction of the City Engineer. 22. City standard frontage improvements shall be installed along Lakeville, Jefferson and Wilson Streets as proposed by the applications plans. Improvements shall include, but not be limited to pavement, curb, gutter, sidewalks, sidewalk ramps and street lights. In locations where curb, gutter and sidewalk are indicated to remain, any broken or displaced areas shall be replaced. Any unused driveway approaches shall be removed and replaced with curb, gutter and sidewalk. The minimum pavement section is b-inches of asphalt concrete (AC) over 21-inches of class 2 aggregate base (AB) for Lakeville Street, and 4-inches 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 the Lakeville Street frontage shall be 6-feet. 23. Lakeville Street shall consist of four, 1 1-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 subject to the approval by the City Engineer. 24. Striping and signage shall be as proposed on the plans, unless otherwise noted herein, including but limited to centerlines, lane lines, bike lanes and legends, crosswalks, stop bars and legends and all City standard traffic signs. 25. Based on sight distance and safety concerns, left-turn movements at the intersection of Lakeville Street and Jefferson Street shall be prohibited, as recommended 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 shall 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. Ordinance No. 2363 N.C.S. Page 6 26. 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 splitter island shall be installed to limit all other movements and assist in the reduction of the overall entry width of the driveway. c. The design shall provide for emergency vehicle access. d. Sight distance for egress movements shall be maintained at all times. Relocate/remove larger vegetation and replace it with lower growing ground cover, as necessary, as part of the. building permit/public improvement plan review. 27. 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 July 2009 Traffic Impact Analysis prepared for the project. 28. ADA compliant pedestrian ramps shall be provided at all locations within the project and at all new crosswalks along the project frontage. 29. 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. 30. 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. 31. Existing overhead utilities along the frontages and traversing the property shall be placed underground except for the 12kv lines and pole designated on the application plans. 32. Grading and excavation shall conform to the soils investigation report prepared exclusively for this property. 33. 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 drainage from crossing private property. 34. Final storm water calculations shall be provided indicating that the project complies with the City NPDES, Phase II storm water regulations, attachment 4. 35. 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 007-154-019. In lieu of dedication provide a mechanism for permission to construct the sidewalk ramp that is satisfactory to the City Engineer. 36. 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, the proposed. 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 Ordinance No. 2363 N.C.S. Page 7 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.m. per Municipal Code Section 13.28.200. The developer shall indemnify, defend and hold the City harmless for all activities in the joint 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. 37. 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. 38. Public Improvement plans shall be prepared for the construction of improvements in the public right-of-way. A public improvement agreement, bonds, insurance and fees shall be required. Provide scanned record drawings prior to release of the performance bond. 39. 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. 40. 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/or modified to allow full unrestricted truck access and this issue is subject to final approval and review by the Fire Marshal and City Engineer prior to submittal of the improvement plans. 41. The "detector check" shown on SPC-5 must be a double detector check valve and meet City of Petaluma Standards. 42. The developer must verify minimum fire flow calculations 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. 43. The elevator shall be sized to easily accommodate afull-size gurney and must be approved and coordinated with the Fire Marshal's Office. 44. 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. Ordinance No. 2363 N.C.S. Page 8 From the Water Resources and Conservation Department: 45. Plans submitted for development permit shall be in compliance with the City of Petaluma's Water Conservation Regulations Ordinance 15.17; said plans shall be reviewed by Water Resources and Conservation. 46. 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. 47. Plans submitted for development permit shall specify all water using apparatus (indoor and outdoor) to be installed per City of Petaluma's Water Conservation Regulations Ordinance 15.17; said plaris shall be reviewed by Water Resources and Conservation. From the Petaluma Pedestrian & Bicycle Advisory Committee: 48. 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 inspection/certificate of occupancy. 49. Plans submitted for development permits shall include two employee showers and associated lockers. Said showers and associated lockers shall be installed prior to final inspection/certificate of occupancy. 50. 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. 51. Plans 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 Design Review Conditions: 52. 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). 53. The site shall be kept clear at all times of all garbage and debris. No outdoor storage shall be permitted. 54. 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. 55. Construction activities 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 document. Ordinance No. 2363 N.C.S. Page 9 56. Herbicides/pesticides shall not be applied in areas used by pedestrians/bicyclists 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. 57. 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 shrubs 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. 58. All plant material shall be served by a City approved automatic underground irrigation system. 59. 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. 60. 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. b 1. 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.. 62. 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. 63. All work within a public right-of-way requires an encroachment permit from the Public. Works Department. 42 43 44 45 46 47 48 49 50 51 Ordinance No. 2363 N.C.S. Page 10