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HomeMy WebLinkAboutPlanning Commission Resolution 2009-01 11/24/2009RESOLUTION NO. 2009-O1 CITV OF PETALUMA PLANNING COMMISSION RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION, A MITIGATION 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 Fite Number: 09-GPA-0133 WHEREAS, Thom Jess of Arris Studios submitted applications (09-GPA-01.33) 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 8~ 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 Plan EIR) by 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 beyond Planning Commission Resolution No. 2009-O1 Page 1 the significant effects identified in the General Plan EIR, will not achieve short-term, to the disadvantage of long-term, environmental goals, and will not cause substantial adverse impacts on human beings, other than those identified in the General Plan EIR; and, WHEREAS, The significant and unavoidable effects identified in General Plan 2025 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; and (iv) an air quality impact resulting from cumulative population numbers at General Plan build-out that conflict with the Bay Area 2005 Ozone Strategy. The proposed project does not contribute to population, but is within the projections of the 2025 General Plan build-out; and, WHEREAS, 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 2025 policies regarding greenhouse gas reduction, but also that after careful investigation, because of the difficulty of determining individual contributions to climate change from projects as small as a hotel and restaurant, the Project's direct and/or incremental contribution to cumulative climate change is too speculative to determine; 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 and 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; and, WHEREAS, the Initial Study and Mitigated Negative Declaration identify mitigation measures applicable to the Project, as 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, WHEREAS, the Mitigated Negative Declaration reflects the City's independent judgment and analysis on the potential for environmental impacts from the Project. 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, 1 1 English St. Petaluma, CA 94952, Attn: Irene Borba. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The foregoing recitals are true and correct and made a part of this resolution. 2. The Planning Commission hereby recommends to the City Council the adoption of the Mitigated Negative Declaration, including the Initial Study dated November 5, 2009, its Planning Commission Resolution No. 2009-O1 Page 2 supporting studies and documents, and all information referred to and/or incorporated herein as an adequate description of the. impacts of the Project and as in compliance with CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines. There is no substantial evidence in light of the whole record before fhe City that the proposed Project as mitigated will have a significant effect on the environment beyond certain significant effects identified in the General Plan EIR and identified herein. 3. The Planning Commission reviewed and considered the Mitigated Negative Declaration, before making its recommendation to the City Council on approval of the proposed Project. 4. The Planning Commission recommends that the City Council adopt the following Mitigation Monitoring and Reporting Program attached as Exhibit A hereto and incorporated herein by reference. 5. The Planning Commission recommends to the City Council that the Council adopt 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, or similar facts in the discretion of fhe City Council. ADOPTED this 24th day of November 2009, by the following vote: Commissioner Aye No Absent Abstain Abercrombie X Chair Arras X Barrett X Second Vice Chair Elias X Hurley X Vice Chair Johansen X Pierre X ATTEST: . ~~ Ge f Bradley, Commission ecretary z Christopher Arras, Chair APPROVED AS TO FORM: ~~ Leslie Thomsen, Assistant City Attorney Planning Commission Resolution No. 2009-O1 Page 3 City of Petaluma, Califo>^nia Exhibit A to Planning Commission Resolution 2009-01 `~ A L U~t a y Community Development Department Planning Division 11 English Street, Petaluma, CA 94952 X85$ Project Name: silk Mill 1°lo$el File Number: ®9-(aPA-®'9 33 Address/t.ocation: a45® .-e$fers®n stree$ Reporting/IVlonitoring Record - IVlitigation fVleasures 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. DATE FINISHED GeoloQV and Soils Mitigation Measures PW BP 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). PW BP 2. 1"he 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 flan shall be subject to review and approval of Public Works, prior to issuance of a grading permit. '1"he 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: PW BP 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, uicluding short- term needs (equipment staging areas, storage areas, and Field office locations) shall minimise the amount of land area disturbed. Whenever possible, existing disturbed areas shall be used for such purposes. Department Requested By 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 Planning Commission Resolution No. 2009-O1 Page 4 Silk Mill Hotel File No. 09-GPA-Ol 33 City of Petaluma, CalifoY'nia Reporting/Monitoring Record -Mitigation Measures for Approval REVIE\V DEPT. .,I r 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 darns. 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 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. 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 Ciry 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. 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 improvemenx 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 By 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 Planning Commission Resolution No. 2009-O1 Page 5 Silk Mill Hotel File No. 09-GPA-0133 City of Petaluma, :California Reporting/Monitoring Record -Mitigation Measures for Approval 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 the improvement plans and certify the design as conforming to the specifications. The geotechnical engineer shall also inspect the construction work and shall 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 with 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 during 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 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 required 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 By 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 Planning Commission Resolution No. 2009-O1 Page b Silk Mill Hotel File No. 09-GPA-0133 City of Petaluma, California Reporting/Monitoring Record -Mitigation Measures for Approval Noise Mitigation Measures PD BP 1. Plans submitted for building permit shall include an acoustical report describing the noise measures that have been incorporated into the design of the project to meet the required noise limits per the noise study prepared by Illingworth & Rodkin dated June 19, 2009. 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., 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. 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 the windows closed. 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 wyth 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-Term Monitoring Planning Commission Resolution No. 2009-O1 Page 7 Silk Mill Hotel File No. 09-GPA-0133 City of Petaluma, California Reporting/Monitoring 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 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 and/or provided with acoustical shielding. Quiet construction equipment shall be used when possible. 7. 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 dill 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 ~~(lork 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 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. 3. 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 As indicated in the Updated 1"raffic 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 Planning Commission Resolution No. 2009-O1 Page 8 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 I akeville 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 approximately 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. ® 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 By 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 Planning Commission Resolution No. 2009-O1 Page 9 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: 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 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. S. 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 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 Department Requested By 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 Planning Commission Resolution No. 2009-O1 Page 10 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 the local repository, the Petaluma Library and the Petaluma Museum. Department Requested By 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 Planning Commission Resolution No. 2009-O1 Page 1 1 Silk Mill Hotel File No. 09-GPA-0133 City of Petaluma, California Reporting/Monitoring 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. PD & 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. CONSTRUCTION MEASURES: 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 Planning Commission Resolution No. 2009-O1 Page 12 Silk Mill Hotel File No. 09-GPA-0133 City of Petaluma, CalifoY'nia Reporting/Monitoring Record -Mitigation Measures for Approval PD & BP 1. The applicant shall designate a project manager with authority to implement all PW 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 By 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 Planning Commission Resolution No. 2009-O1 Page 13 EXHIBIT B TO PLANNING COMMISSION RESOLUTION 2009-01 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. 4t" 98, (2002!, the City must adopt specific overriding considerations for this 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 Plan and by mitigation measures adopted for the proposed Project. 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 for the Project have not been mitigated to acceptable levels, there are specific economic, social, environmental, land use, and other considerations that support approval of the Project. Unavoidable Significant Adverse Impacts. The following unavoidable significant environmental cumulative impacts identified in the General Plan EIR apply to the proposed Project: (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) This 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. 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 or through mitigation measures. 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 now balances those unavoidable impacts that apply to future development on the Project site against its benefits, and hereby determines that such unavoidable impacts are outweighed by the benefits of the Project as further set forth below. The proposed 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. The renovation/re-use of the existing structure for ahotel/ restaurant use will provide economic and employment benefits for the City. Planning Commission Resolution No. 2009-O1 Page 14