HomeMy WebLinkAboutPlanning Commission Resolution 2009-03 11/24/2009RESOLUTION NO. 2009-03
CITY OF PETALUMA PLAIVIVIIVG COI~MISSIOIV
A RESOLUTION OF THE PETALUMA PLANNING COMMISSION TO THE CITY OF
PETALUMA CITY COUNCIL RECOMMENDING APPROVAL OF AN AMENDMENT
TO THE IMPLEMENTING ZONING ORDINANCE FOR THE SILK MILL PROJECT
ASSESSOR'S PARCEL NUMBER 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,
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
WHEREAS on November 24, 2009, the Planning Commission reviewed the CEQA
evaluation for the Project and by resolution has recommended to the City Council adoption of
a Mitigated Negative Declaration, Mitigation Monitoring Program and Statement of Overriding
Considerations, in accordance with the California Environmental Quality Act and the City of
Petaluma Environmental Guidelines; and
NOW, THEREFORE, BE IT RESOLVED that the Petaluma Planning Commission hereby
recommends to the City Council that the following amendment to the Implementing Zoning
Ordinance be approved, based on the following findings and subject to the conditions set forth
in Exhibit A hereto, which are incorporated herein by reference:
1. The proposed amendment is deemed to serve 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.
Planning Commission Resolution No. 2009-03 Page 1
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
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.
ADOPTED this 24th day of November 2009, by the following vote:
Commissioner - Aye No Absenf Abstain..
Abercrombie X
Chair Arras X
Barrett X
Second Vice Chair Elias X
Hurley X
Vice Chair Johansen X
Pierre X
ATTEST:
Chris opher s, Chai
APPROVED AS TO FORM:
Geoff Bradley, Commissio Secretary .Leslie Thomsen, Assistant City Attorney
Planning Commission Resolution No. 2009-03 Page 2
Exhibit A
CONDITIONS OF APPROVAL
Silk Mill Hotel
450 Jefferson Street
APN 007-163-002
City File Number: 09-GPA-0133
From Planning:
1. 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 {ist 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 711.4d) 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).
5. Prior to building permit approval, the plans shall note the installation of high efficiency
heating equipment (90~a or higher heating/furnaces) and low NOx water heaters (40 or less)
in compliance with policy 4-P-15D (reducing emissions).
6. Prior to building or grading permit approval, all plans shall note the following and all
construction contracts shall include the same requirements (or measures shown to be
equally effective, as approved by Planning), in compliance with General Plan Policy 4-P-16:
• Maintain construction equipment engines in good condition and in proper tune per
manufacturer's specification for the duration of construction;
• Minimize idling time of construction related equipment, including heavy-duty equipment,
motor vehicles, and portable equipment;
• Use alternative fuel construction equipment (i.e., compressed natural gas, liquid
petroleum gas, and unleaded gasoline);
Use add-on control devices such as diesel oxidation catalysts or particulate filters;
• Use diesel equipment that meets the ARB's 2000 or newer certification standard for off-
road heavy-duty diesel engines;
• Phase construction of the project; and
Limit the hours of operation of heavy duty equipment.
7. 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
Planning Commission Resolution No. 2009-03 Page 3
demolition activities and construction of the project, in compliance with General Plan Policy
2-P-122 for review by the planning staff.
8. Plans submitted for building permit shall include pre-wiring for solar facilities for each of new
structure subject to staff review and approval. The applicant shall also look into the feasibility
if pre-wiring for solar facilities for the existing structures.
9. Prior to building permit approval, the applicant shall submit the Green Points Checklist
showing the number of Green Points under the Build It Green program that will be achieved.
Prior to building permit issuance, the Checklist shall be 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.
10. 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 luminmens. All lighting shall be glare-free,
hooded and downcast in order to prevent glare into bicyclists' and pedestrians' eyes.
l 1. 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. 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.
1.2. 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.
13. Signs are not approved as part of this project proposal. Signs require a sign permit.
14. In the event that archaeological remains are encountered during grading, work shall be
halted temporarily and a qualified archaeologist shall be consulted for evaluation of the
artifacts and to recommend future action. The locdl Native American community shall also
be notified and consulted in the event any archaeological remains are uncovered.
15. As recommended by the arborist the final project design shall incorporate appropriate tree
protection procedures as part of the improvement plans to provide tree protection consistent
with General Plan policies and all applicable City regulations.
16. The applicant shall incorporate the following Best Management Practices into the construction
and improvement plans and clearly indicate these provisions in the specifications. The
construction contractor shall incorporate these measures into the required Erosion and
Sediment Control Plan to limit fugitive dust and exhaust emissions during construction.
i. Grading and construction equipment operated during construction activities shall be
properly muffled and maintained to minimize emissions. Equipment shall be turned off
when not in use.
ii. Exposed soils shall be watered periodically during construction, a minimum of twice daily.
The frequency of watering shall be increased if wind speeds exceed 15mph. Only
Planning Commission Resolution No. 2009-03 Page 4
purchased city water or reclaimed water shall 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.
17. The applicant shall defend, indemnify and hold harmless the City and its officials, boards,
commissions, agents, officers and employees ("Indemnitees") from any claim, actiori 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 Division
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.
18. 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 6-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.
19. Lakeville Street shall consist of four, 11-foot wide through travel lanes, one 10-foot wide left
turn pocket into the project site, and two, S-foot wide bike lanes. Lane line striping, tapers
and conforms are subject to the approval by the City Engineer.
Planning Commission Resolution No. 2009-03 Page 5
20. 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.
21. 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.
22. Left-turn access to the site shall be provided via a new left-turn lane on Lakeville at Erwin
Street (project driveway), while outbound left-turns shall be prohibited at this location. As
recommended in the July 2009 Traffic Impact Analysis prepared for the project.
a. A minimum of 50-foot vehicle stacking length should be provided.
b. With condition of limited access, a 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.
23. Parking shall be prohibited, by painted red curb, on the south side of Jefferson Street and the
west side of Wilson Street for approximately 25 feet on both sides of the project access
driveways, as recommended in the July 2009 Traffic Impact Analysis prepared for the
project..
24. ADA compliant pedestrian ramps shall be provided at all locations within the project and at
all new crosswalks along the project frontage.
25. Any proposed vegetation or signs along the project frontage shall be located so as to 'not
obstruct sight distance of vehicles accessing the project driveways or adjacent streets
segments.
26. City standard street lights shall be installed along Lakeville, Jefferson and Wilson Streets per
City standards. As an option and at the discretion of the City Engineer, the City may require
the installation of LED street lights.
27. 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.
28. Grading and excavation shall conform to the soils investigation report prepared exclusively
for this property.
29. City utilities (water, sewer and storm drain) construction shall conform to City standdrds.
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.
30. Final storm water calculations shall be provided indicating that the project complies with the
City NPDES, Phase II storm water regulations, attachment 4.
Planning Commission Resolution No. 2009-03 Page 6
31. Dedicate the necessary public right-of-way, as indicated on the application plans. Dedicate
necessary right-of-way for the installation of the sidewalk ramp at the corner of the property
identified as APN 007-154-019. In lieu of dedication provide a mechanism for permission to
construct the sidewalk ramp that is satisfactory to the City Engineer.
32. Obtain all necessary easement and/or encroachment rights from the City and/or execute
an agreement for the joint use and maintenance of Sunset Park, 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 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.
33. The developer shall be responsible for parking lot pavement and striping maintenance,
signage, park landscape maintenance and irrigation. costs. The agreement shall also a legal.
description and graphical exhibit defining the exact area to be included (parking lot, park
area, etc.) and shall include park hours of operation from 6:00 a.m. to 10:00 p.m. per
Municipal Code Section 13.28.200. The developer shall hold the City harmless for all activities
at Sunset Park, include Sunset Park in the hotel insurance policy as well as name the City as
additional insured on said policy.
34. Public Improvement plans shall be prepared for the construction of improvements in the
public right-of-way. A public improvement agreement, bonds, insurance and fees shall be
required. Provide scanned record drawings prior to release of the performance bond.
From the Fire Marshal:
This is a conditional approval based on the requirements below being completed prior to
occupancy.
35. The "traffic calming islands" (TCI) depicted on Lafranchi "Fire Truck Turning Exhibit" appear
to allow truck access, however access through seems to be very "tight/close". Be advised
the TCI may need to be reduced in size and/ir 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.
36. The "detector check" shown on SPC-5 must be a double detector check valve and meet
City of Petaluma Standards.
37. 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.
38. The elevator shall be sized to easily accommodate afull-size gurney and must be approved
and coordinated with the Fire Marshal's Office.
39. 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
Planning Commission Resolution No. 2009-03 Page 7
the installation of standpipes would improve firefighting operations. Class I standpipes may
be required for both phases.
From the Water Resources and Conservation Department:
40. 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.
41. 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.
42. 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 plans shall be reviewed by Water Resources and Conservation.
From the Petaluma Pedestrian & Bicycle Advisory Committee:
43. 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.
44. 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.
45. 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.
46. 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:
47. 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).
48. The site shall be kept clear at all times of all garbage and debris. No outdoor storage shall
be permitted.
49. 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.
50. 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.
Planning Commission Resolution No. 2009-03 Page 8
51. 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.
52. 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.
53. All plant material shall be served by a City approved automatic underground irrigation
system.
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. Linear root barrier systems shall be utilized for trees near public streets or walkways qs
needed, subject to staff review (planning and/or engineering) and approval.
56. 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.
57. 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.
58. 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.
59. All work within a public right-of-way requires an encroachment permit from the Public Works
Department.
Planning Commission Resolution No. 2009-03 Page 9