HomeMy WebLinkAboutPlanning Commission Resolution 2022-05 04/12/2022 DocuSign Envelope ID:456E8CC5-7FAA-4A20-B9B4-291856788DB8
RESOLUTION 2022-05
CITY OF PETALUMA PLANNING COMMISSION
APPROVING SITE PLAN AND ARCHITECTURAL REVIEW AND
RECOMMENDING CITY COUNCIL APPROVAL OF A RESIDENTIAL DENSITY
BONUS AGREEMENT FOR THE 890 CO-OP LOCATED AT
890 PETALUMA BOULEVARD NORTH
FILE # PLSR-2021-0011
WHEREAS, on June 3, 2021, Matthew Ridgway, on behalf of the property owner, the 890 Co-Op
LLC, submitted an application for Site Plan and Architectural Review and a Residential Density Bonus for
the 890 Coop Project,including demolition of the existing one-story, 1,148 square foot vacant food-service
building to construct a two and three-story, 10,512 square foot mixed-use project with 3,230 square feet
of commercial floor area on the ground floor, seven dwellings on floors two and three, and associated
amenities and site improvements, on a 16,590 square foot parcel (all areas are approximate) at 890
Petaluma Boulevard North; and
WHEREAS, on July 1, 2021, pursuant to Public Resources Code Section 21080.3.1 (d), notice was
delivered to the Federated Indians of Graton Rancheria, and the Federated Indians of Graton Rancheria
did not request consultation within the statutory timeframe provided by Public Resources Code Section
21080.3.1 (d), and to date has not commented on this application; and
WHEREAS, per California Government Code Section 65943(a), the City had until July 3, 2021 (30
days after the application date of June 3), to provide a written response to the application, and that
pursuant to California Government Code Section 65943(d), the applicant and the City mutually agreed
to an extension of the time limit on June 23, 2021, extending the response time to July 19, 2021; and
WHEREAS, on July 19, 2021, the applicant was informed in writing that the application was found
incomplete; and
WHEREAS, on October 18, 2021, the applicant submitted a revised application; and
WHEREAS, on December 2, 2021, the applicant was informed in writing that the application was
found complete as of November 17, 2021; and
WHEREAS, on February 14, 2022, the applicant mailed 800 postcards to inform owners and
occupants within 1,000 feet of the site of a neighborhood meeting to be held on March 9, 2022, in
compliance with City Council Resolution No. 18-107 N.C.S.; and
WHEREAS, public notice was posted on site on February 25, 2022, which was at least 17 days prior
to the Planning Commission meeting, consistent with the City Council Resolution No. 18-107 N.C.S.; and
WHEREAS, the project was presented to the Pedestrian and Bicycle Advisory Committee (PBAC)
on March 2, 2022, whereby the applicant presented the project, the PBAC provided comments, and the
PBAC received written and oral testimony; and
WHEREAS, public notice of the April 12, 2022, Planning Commission hearing was published in the
Petaluma Argus-Courier on March 31, 2022, and mailed to residents and occupants within 1,000 feet of
the site, on or before April 1, 2022; and
WHEREAS,this item was posted on the tentative Planning Commission agenda on February 8,2022,
and later on February 22 and March 22, 2022; and
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WHEREAS, the project site is located in an area classified by the General Plan as Mixed Use (MU),
and is within the Mixed Use 1 A (MU 1 A) Zoning District; and
WHEREAS, the Implementing Zoning Ordinance (IZO), in the Mixed Use 1 A Zoning District, allows
general commercial uses by right, and residential uses by-right when above the ground floor; and
WHEREAS, per IZO Section 27.030.A.2, a project that reserves at least five percent (5%) of the total
units for Very Low Income (VLI) households is entitled to a density bonus and concessions; and
WHEREAS, the proposed project includes at least 14% of the total units for VLI households, and
consistent with California Government Code Section 65915(f)(2), the project is eligible for a density bonus
of 46.25%, and per California Government Code Section 65915(d)(2)(A) and IZO Section 27.040.D, the
project is eligible for two concessions; and
WHEREAS, while this project is eligible for a density increase to allow as many as 1 1 dwellings, per
California Government Code Section 65915(f), the applicant has not requested an increase in density
above what is allowed in the Mixed Use land use designation; and
WHEREAS, the applicant has proposed two concessions, a concession to increase the building
height above the 30-foot height limit in the MU 1 A zoning district and a concession to reduce the on-site
parking requirement and stall dimensions; and
WHEREAS, per California Government Code Section 65915(d)(1), the concessions requested by
the applicant shall be granted unless, based upon substantial evidence,the City finds that the concession
or incentive does not result in identifiable and actual cost reductions for rents for very low-income
households, the concession or incentive would have a specific, adverse impact, as defined in California
Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment or
on any real property that is listed in the California Register of Historical Resources and for which there is
no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the
development unaffordable to low-income and moderate-income households, or the concession or
incentive would be contrary to state or federal law. Law; and
WHEREAS, for the reasons stated in the April 12,2022,staff report,there is no basis to make a finding
to deny the concessions; and
WHEREAS, the project is subject to the provisions of IZO Section 24.010 (Site Plan and Architectural
Review),including the standards in IZO Section 24.010.G,which govern the scope of Planning Commission
review; and
WHEREAS, this item was posted on the Planning Commission agenda for April 12, 2022, in
compliance of the California Brown Act; and
WHEREAS, the April 12, 2022, Planning Commission meeting was conducted utilizing
teleconferencing and electronic means consistent with California Government Code Section 54953, and
the public were able to view the meeting on television and/or online and not in the Council Chamber;
and
WHEREAS, on April 12, 2022, the Planning Commission held a duly noticed public hearing to
consider the request for Site Plan and Architectural Review and a Residential Density Bonus, at which time
all interested parties had the opportunity to be heard; and
WHEREAS, on April 12, 2022, the Planning Commission considered the staff report, dated April 12,
2022, where staff recommended that the Planning Commission approve the Site Plan and Architectural
Review, and all public testimony provided prior to and at the public hearing.
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NOW,THEREFORE, BE IT RESOLVED by the Planning Commission as follows:
A. The foregoing recitals are true and correct and incorporated herein by reference.
B. Based on the staff report, staff presentation, comments received and the public hearing,the Planning
Commission makes the following findings based on substantial evidence in the record:
1. Environmental Review Findings:
California Public Resources Code Section 21083.3 and California Environmental Quality Act
(CEQA) Guidelines Section 15183(a) mandates that projects which are consistent with the
development density established by existing zoning, community plan, or general plan policies
for which an Environmental Impact Report (EIR) was certified shall not require additional
environmental review, except as might be necessary to examine whether there are project-
specific significant effects which are peculiar to the project or its site.
CEQA Guidelines Section 15183(b) specifies that:
"in approving a project meeting the requirements of Section 15183,
examination of environmental effects shall be limited to those that:
1. Are peculiar to the project or the parcel on which the project would be
located,
2. Were not analyzed as significant effects in a prior EIR on the zoning action,
general plan or community plan with which the project is consistent,
3. Are potentially significant off-site impacts and cumulative impacts which
were not discussed in the prior EIR prepared for the general plan,
community plan or zoning action, or
4. Are previously identified significant effects which, as a result of substantial
new information which was not known at the time the EIR was certified, are
determined to have a more severe adverse impact than discussed in the
prior EIR."
CEQA Guidelines Section 15183(c) specifies that impacts which are not peculiar to the project
site which have been addressed as a significant effect in the prior EIR or can be substantially
mitigated by applying uniformly applied development standards and policies shall not require
preparation of an additional EIR on the basis of that impact. As such, this project is required to
implement all applicable mitigation measures set forth in the General Plan EIR to avoid,
reduce, or offset environmental impacts. In addition, the project is subject to conditions of
approval that will be applied to the project to demonstrate compliance with mitigation
measures set forth in the program level EIR, and policies, programs, and goals of the General
Plan.
The project is consistent with the streamlining provisions under CEQA Guidelines Section
15183(d)(1)(C) and 15183(d)(2) as follows:
1. The Petaluma General Plan 2025 was adopted in 2008 and the Petaluma General Plan EIR
(SCH# 2004082065) was certified April 7, 2008. The Petaluma General Plan and General
Plan EIR accommodates 6,000 additional dwellings for a total buildout of 27,949 dwellings.
In addition, the General Plan contemplated an additional 6.1 million square feet of non-
residential space above the 2008 baseline conditions,which could result in approximately
23 million square feet of non-residential floor area;
2. The project site is designated as Mixed Use by the General Plan and this land use
classification allows for a robust combination of uses, including retail, residential, service
commercial, and offices, with development oriented toward the pedestrian. The
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maximum allowable floor area ratio (FAR) is 2.5 and the maximum residential density is 30
dwellings per acre; and
3. The Project is consistent with the Mixed-Use land use classification in that it provides
commercial and residential uses, the FAR would be less than 2.5 (0.63 FAR is proposed),
and the residential density would be less than 30 dwellings per acre (18.4 per acre is
proposed).The Project is also consistent with General Plan Policies which promote a range
of land uses, seek to use land efficiently through promoting infill development, encourage
flexibility in building form and the nature of activities, and encourage a variety of housing
opportunities.
The CEQA analysis prepared for this project demonstrates that the project would not result in
substantial changes or involve new information that would warrant preparation of a
subsequent EIR because the level of development proposed is within the development
assumptions analyzed in the program level EIR for the General Plan, and furthermore, the
Project does not contain elements that are peculiar to the Project or project site.
As described in the CEQA analysis presented to the Planning Commission, the proposed
project is within the scope of development projected under the General Plan and analyzed
in the General Plan EIR. The proposed project will implement applicable mitigation measures
identified in the General Plan EIR to address potential environmental impact and these have
been incorporated as environmental conditions of project approval. In addition, the Project
would be required to comply with applicable conditions of approval from planning, building,
public works, fire, police, and other City departments as applicable. With implementation of
identified conditions of approval, the Project would not result in a substantial increase in the
severity or significant impacts that were previously identified in the program level EIR, nor
would the Project introduce any new significant impacts that were not previously identified.
Therefore, there would be no additional environmental impacts beyond those analyzed in the
General Plan EIR.
2. General Plan Findings:
The Project is consistent with the General Plan 2025 Mixed Use land use designation in that the
Mixed Use classification calls for a maximum allowable floor area ratio (FAR) is 2.5 and the
maximum residential density is 30 dwelling units per acre, and this project would provide an
FAR of .63 and a residential density of 18.4 du/ac.
The Project is, for the reasons provided in the April 12, 2022 Planning Commission staff report,
consistent with the following General Plan policies: Policies 1-P-2, 1-P-1 1, 1-P-27, 2-P-1, 2-P-5, 2-
P-53, 2-P-55, 2-P-122, 4-P-7, 5-P-22.13, and 5-P-31; Housing Element Policies 1.1, 1.2, and 10.1.
3. Implementing Zoning Ordinance (IZO) Findings:
a) The Project is consistent with all development standards of the Mixed Use 1 A (MU 1 A)
designation, including but not limited to, those pertaining to setback, floor area ratio,
usable open space and bicycle parking, and the uses are permitted by-right. While the
project does not comply with the height or parking standards set forth in IZO Chapter 4 or
11, the height increase and the parking reductions are consistent with the concessions
mandated when a project includes affordable dwellings (as the project does) and will be
granted for the project in compliance with IZO Section 27.070, and California Government
Code Section 65915(d)(1), for the reasons cited in Section 5 of these Findings.
b) A project with five or more dwellings is subject to inclusionary housing requirements as
outlined in IZO Section 3.040. Because this project has seven, it is subject to IZO Section
3.040, and to comply, the project would include one dwelling affordable to a very-low
income (VLI) household and make a payment to the City for an in-lieu fee to cover the
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remaining fractional unit of 0.05.
4. Site Plan and Architectural Review:
The project is consistent with IZO Section 24.010 in that all required findings found in IZO Section
24.010.G can be made as follows:
a) Consistent with IZO Section 24.010.G.1.a, the proposed exterior materials include
corrugated metal, weathering steel, and charred wood. Each material provides
differentiation in color and texture, and the variations in materials, and use of facade
modulation and glazing break up the apparent mass of the building as well as to
distinguish the uses within the building (for example,the commercial storefronts have more
exterior glazing than what is proposed for the dwellings). The project would include
landscaping that is intended to accent the proposed structure and break up the overall
massing, as well as introducing appropriate street trees to the southeast corner of the
intersection of Petaluma Boulevard North and Payran Street through the use of primarily
native, and complimentary non-native species.
b) Consistent with IZO Section 24.O10.G.1.b, the architectural style reflects contemporary
architecture for mixed-use buildings in form and use of materials.While the proposed three-
story building would be greater in height and massing than existing surrounding
development, more recent construction is transforming this low-rise area with taller and
more dense development along the length of the avenue.
c) Consistent with IZO Section 24.O10.G.1.c, the siting of the building close to each street
frontage represents a return to the pattern of development that existed within commercial
areas in Petaluma prior to the trend towards auto-oriented and suburban development.
For example, the historic pattern of development is reflected in the buildings opposite of
this site that front the right-of-way at 839 and 841 Petaluma Boulevard North, as opposed
to the auto-oriented development that exists to the north and south (such as the Shell gas
station and the Town & Country shopping center). The proposed setback and building
height will continue the setback and form that exists across from this site, and align with
the more recent trend for new development that is present to the north at 945 and 1200
Petaluma Boulevard North.
While the proposed building setbacks are less than present for much of the surrounding
development, more recent construction is transforming the area from the auto-oriented
development to have buildings closer to the street.
d) IZO Section 24.010.G.1.d does not apply to this project because signage is not proposed.
e) Consistent with IZO Section 24.010.G.Le, within the area, there is no prevailing building
form, style, color or building material and the area includes a mix of single and multi-story
buildings with older architecture and more recent buildings that represents development
over the last 100 years. Exterior materials present in the area include brick, stucco, metal,
and wood.
While the bulk and height of the proposed building poses a departure from the existing
condition for the buildings that abut the site, the proposed colors and materials will not
conflict with what is present in the area, and the proposed flat roof relates to the building
at 839 Petaluma Boulevard North.
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f) Consistent with IZO Section 24.010.G.2, the preliminary planting plan includes a variety tree
species, shrubs, perennials, groundcover, and vines, to include Low water and drought-
tolerant landscaping would be installed within the public right-of-way,along the perimeter
of the building site, and within the space created by the two buildings. Proposed species
include a mix of non-native and native species. The total area to be planted exceeds
what is required to control stormwater. Finally, the project will install water efficient
landscaping and irrigation in compliance with Petaluma Municipal Code Chapter 15.17.
The landscaping will soften and provide relief from the proposed hardscape and buildings
and the location of the planters are appropriate to the site and building uses.
The five existing street trees proposed for removal is required because retention of the trees
is not possible with the proposed development.The project would plant seven trees (three
along Petaluma Boulevard North and four along Payran Street) in new landscape planters,
with tree spacing, species and size to be determined by the City, and in compliance with
the tree removal mitigation requirements specified in IZO Section 17.065.
g) Consistent with IZO Section 24.010.G.3, the project's ingress, egress, internal circulation for
bicycles and automobiles, off-street automobile and bicycle parking facilities, and
pedestrian ways promote safety and convenience and conform to City standards.On-site
pedestrian and bicycle circulation areas will be physically separated from the vehicular
circulation areas to minimize any potential conflicts between pedestrians/bicyclists and
vehicles. The proposed vehicular parking spaces will meet the minimum requirements of
the IZO (subject to the parking concessions mandated when a project includes affordable
dwellings - see Section 5 of these Findings), while the bicycle parking spaces will exceed
the standards of the IZO. Furthermore, the Fire Department has indicated that it will have
adequate emergency access to the site. For these reasons, the project provides a safe
circulation environment which conforms to city standards.
5. Residential Density Bonus:
Per IZO Section 27.030.A.2, a project that reserves at least five percent (5%) of the total units
for VLI households is entitled to a density bonus and concessions. Because this project would
include at least 14% of the units for VLI households, per California Government Code Section
65915(f)(2)1, the project is eligible for a bonus of 46.25%, and per California Government Code
Section 65915(d)(2)(A) and IZO Section 27.040.D, two concessions. While this project would be
eligible for a density increase to allow as many as 1 1 dwellings, the project would not involve
a density increase2. The project requires two concessions:
1. Per IZO Section 27.070.B.1.e,a concession to allow the proposed building height to exceed
the MU 1 A limit of 30-feet; and
2. Per IZO Section 27.070.B.1.f, a concession to allow reduced on-site parking standards to a)
reduce the on-site parking requirement to zero and b) reduce the parking width for nine
parking spaces to be less than the nine-foot minimum.
Per California Government Code Section 65915(d)(1), the concessions requested by the
applicant shall be granted unless, based upon substantial evidence,the City can find that the
concession or incentive does not result in identifiable and actual cost reductions for rents for
very-low income households, the concession or incentive would have a specific, adverse
1 IZO Section 27.040.D also sets the minimum density bonus percentage, but the bonus percentages cited are per California
Government Code Section 65915 to reflect amendments made to state law that are not yet reflected in Chapter 27.
2 Per California Government Code Section 65915(f) an applicant can elect to request "a lesser percentage of density increase,
including,but not limited to,no increase in density".
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impact, as defined in California Government Code Section 65589.5(d)(2)3, upon public health
and safety or the physical environment or on any real property that is listed in the California
Register of Historical Resources and for which there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact without rendering the development
unaffordable to low-income and moderate-income households, or the concession or
incentive would be contrary to state or federal law.
For the reasons stated in the April 12, 2022, staff report, the concessions for height and parking
will result in identifiable and actual cost reductions. In addition, there is no evidence in the
record to show that the concessions would have a specific, adverse impact upon public
health and safety or physical environment or any real property that is listed on the California
Register of Historical Resources. Finally, granting these concessions will not be contrary to state
or federal law.
C. Based on its review of the entire record herein, including the April 12, 2022, Planning Commission staff
report, all supporting, referenced, and incorporated documents and all comments received and
foregoing findings, the Planning Commission hereby approves Site Plan and Architectural Review for
the 890 Coop, located at 890 Petaluma Boulevard North, subject to the conditions of approval
attached hereto as Exhibit 1.
ADOPTED this 12th day of April 2022, by the following vote:
Commission Member Aye No Absent Abstain
Councilmember McDonnell X
Chair Potter X
Vice Chair Bauer X
Hooper X
Rider X
Whisman X
Vacant
DocuSigned by:
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Heidi Bauer, Vice Chair
ATTEST: APPROVED AS TO FORM:
ocuSigned by: DocuSigned by:
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Heather Hines, Interim CD Director Dylan Brady, Assistant City Attorney
3 A ssnecific, adverse impact means a "significant, quantifiable, direct, and unavoidable impact, based on objective, identified
written public health or safety standards,policies,or conditions as they existed on the date the application was deemed complete."
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Exhibit 1
CONDITIONS OF APPROVAL
890 PBN CO-OP
890 PETALUMA BOULEVARD NORTH
FILE # PLSR-2021-0011
STANDARD CONDITIONS
1. Plans submitted for any building permit submitted to the City pursuant to this approval shall be in
substantial conformance with the architectural, civil, and landscaping plans approved by the
Planning Commission on April 12, 2022, except as modified by these conditions of approval. A
determination of substantial conformance shall be made by the Planning Manager in writing
during the plan check review process. Nothing shall preclude the Planning Manager from referring
a substantial conformance determination to the Planning Commission for review at a publicly
noticed meeting.
2. The day following approval, the applicant shall provide to the Planning Manager a check made
payable to the Sonoma County Clerk, in the amount required and published by the Sonoma
County Clerk to file the CEQA Notice of Exemption ("NOE"). For details on this filing, please visit:
https://sonomacounty.ca.gov/CRA/Clerk-Recorder/CEQA-%E2%80%93-Fish-and-Wildlife-Filings/.
Per Fish and Game Code Section 71 1.4(d)(1), payment of the State Department of Fish and
Wildlife environmental filing fee is not required).
3. All conditions of this permit shall be printed on the second sheet of each plan set submitted for
any building permit submitted to the City pursuant to this approval, under the title `SPAR
Conditions of Approval'. Additional sheets may also be used if the second sheet is not of sufficient
size to list all conditions. The sheet(s) containing the conditions shall be of the same size as those
sheets containing the construction drawings; 8-1/2" by 11" sheets are not acceptable.
4. Prior to issuance of a Building Permit, the applicant shall provide an electronic copy of
final/approved plans in PDF format that reflects the project submitted to the Planning Commission
as well as any change needed to reflect these conditions of approval.
5. Construction activities shall comply with performance standards specified in IZO Chapter 21
(Performance Standards).
6. Prior to issuance of a Building Permit, and prior to final inspection of building permits,all costs owed
on the processing of this application shall be paid in full.
7. This approval is granted for and contingent upon construction of the project as a whole, in a single
phase, with the construction and/or installation of all features approved and required herein.
Modifications to the project, including but not limited to a major change in construction phasing,
may require an amendment to this condition by the Planning Commission through the Site Plan
and Architectural Review provided by IZO Section 24.010.
8. This approval is, as provided for at IZO Section 24.010.1, effective for a twelve (12) month period
unless the permit has been exercised or unless an extension of time is approved in compliance
with IZO Section 24.010.K.
9. Prior to issuance of a Building Permit,all development impact fees for the commercial component
of the project (including the public art in-lieu fee if public art has not yet been approved), shall
be paid. Prior to final inspection or certificate of occupancy, all development impact fees
associated with the residential component of the project, shall be paid.
10. At all times the site shall be kept cleared of garbage, debris, and outdoor storage.
11. All plantings shall be maintained in good growing condition. Such maintenance shall include,
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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 ensure
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 ensure continued regular watering of landscape areas, and health and
vitality of landscape materials.
12. 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 (BMPs) regarding pesticide/herbicide use and as well as
Integrated Pest Management techniques for the protection of bicyclists and pedestrians.
13. No signage is approved by this permit. Separate sign permits in compliance with IZO Chapter 20
shall be obtained prior to the installation of any signage.
14. Prior to commencing construction activities, a sign facing each street frontage shall be posted on
the site regarding the allowable hours of construction and contact information for complaints.
Proof of sign installation shall be provided to the Planning Manager prior to issuance of a building
permit.
15. The applicant shall defend, indemnify, and hold harmless the City and any of its boards,
commissions, agents, officials, officers, and employees from any claim, action, or proceeding
against the City, its boards, commissions, agents, officials, officers, or employees to attack, set
aside, void, or annul any of the approvals of the project, when such claim or action is brought
within the time period provided for in applicable State and/or local statutes. The City shall
promptly notify the applicant of any such claim, action, or proceeding. The City shall coordinate
and cooperate with applicants in the defense. Nothing contained in this condition shall prohibit
the City from participating in a defense of any claim, action,or proceeding and if the City chooses
to do so, the applicant shall reimburse the City for reasonable attorneys' fees incurred by the City.
16. Prior to issuance of a Building Permit, exterior lighting fixtures shall be fully detailed and subject to
staff review and approval. All light fixtures shall be hooded and downward cast.
17. Plans submitted for building permit shall demonstrate that the project shall be built as an all-
electric project without any new gas infrastructure.
18. All externally visible scuppers, gutters and downspouts shall either be galvanized sheet metal as
per plan, or complimentary to the building architecture.
19. No opaque film, covering, or decal shall be installed in front of or behind the windows of ground-
floor tenant space facing any public street which would hinder or completely block visibility
between the tenant space and the public right-of-way.
20. All standpipes, check valves,and other utilities shall be placed underground or fully screened from
view by decorative screening structures or landscaping, subject to the review and approval of
the Planning Manager.
21. Prior to Public Improvement Plan approval, regarding street trees, the plan sets shall:
a. Provide structural soils within all tree wells, and under the sidewalks for a six-foot minimum
distance beyond any tree well, for a 24-inch minimum depth, and for a length of at least 8
feet centered on each street tree.
b. Note irrigation, walk-on mulch, and root barriers where appropriate.
22. 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.
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23. Prior to final inspection or certificate of occupancy, a notice shall be submitted for review and
approval by the Planning Manager, demonstrating that the owner shall provide written notice in
all lease, rental, or sale agreements concerning any portion of the Project to all occupants and
users that the surrounding area may be subject to noise, dust, fumes, or other effects associated
with commercial or industrial uses at higher levels than would be expected in residential areas.
24. Construction Management Plan: A construction management plan shall be submitted for review
and approval by the City prior to issuance of any demolition, building or grading permit. A copy
of the approved Construction Management Plan shall be reproduced as a part of the plan set
and included within the jobsite and office plan sets for any building permit issued for the site. The
construction management plan shall include:
a. Provisions for materials and equipment storage and staging on-site, unless otherwise
approved.
b. A traffic control plan to address on-site and off-site construction traffic.
c. A screened security fence shall be placed and maintained around the perimeter of the
project and removed immediately following construction work.
d. Construction phasing and approximate timeline.
e. Continued access for adjoining businesses.
PROJECT-SPECIFIC CONDITIONS OF APPROVAL
25. Tree Preservation within the Public Right-of-way: In consultation with a certified arborist, the
applicant will work with the City to retain as many of the five existing street trees as possible.
Consideration will be given to tree health (to retain trees rated in moderate or better condition,
such as tree #3 and tree #11), suitability for preservation, life expectancy, and feasibility of
complying with local and state stormwater controls. Any tree to be removed within the public
right-of-way shall be replaced in compliance with IZO Chapter 17 and the final number of new
trees to be planted along Petaluma Boulevard North and Payran Street shall be determined
based on the number of trees to be removed. New street trees shall be planted in new landscape
planters,with tree spacing, species, and size to be determined by the City.
26. The recently planted coast live oak located along Payran Street & within the public right-of-way
shall be relocated on or off site, if deemed feasible by a certified arborist.
27. Bike Lane: If street parking is providing along Payran Street, the Class II bike lane shall be marked
with two continuous white stripes for the full length of the parking spaces, subject to review and
approval by the City Engineer.
28. Bike Lane: The entry of the Class II Bike Lane along Payran Street shall include green markings per
the Manual Uniform Traffic Control Devices (MUTCD) and National Association of City
Transportation Officials (NACTO) Standards, subject to review and approval by the City Engineer.
29. Bulb-out: The applicant shall propose elements to enliven the bulb-out at the corner of Petaluma
Boulevard North and Payran Street, subject to review and approval by the Planning Manager and
City Engineer. Such elements can include public art, landscape planters or other landscaping,
benches, and/or decorative paving.
30. Prior to the issuance of a building permit or other permit, the applicant shall provide a current Title
Report.
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31. Consistent with representations made by the applicant, all non-ADA parking spaces shall be
rented, sold, or offered separately from any residential or commercial leases, the existing canopy
above the parking area shall be retained, and existing foodservice equipment shall be re-used
on site, or offered for re-use off site.
32. The project includes seven dwellings and is subject to the inclusionary housing requirements
outlined in IZO Section 3.040. To comply, the project shall include one dwelling affordable to a
very-low income (VLI) household and make a payment to the City for an in-lieu fee to cover the
remaining fractional unit of 0.05. The affordable VLI dwelling shall remain available for VLI
households for at least 55 years, in compliance with IZO Section 3.040.B.3.b.
33. The project includes two concessions, granted to this project per California Government Code
Section 65915(d)(2)(B) and IZO Section 27.040.D. To be eligible for two concessions, the applicant
shall reserve one dwelling affordable to a very-low income (VLI) household for at least 55 years,
to comply with California Government Code Section 65915(c)(1), at an affordable rent per IZO
Section 27.020.A.
Pursuant to IZO Section 27.090.C, prior to issuance of a building permit, the applicant shall record
the Density Bonus Housing Agreement that is required by IZO Section 27.090.A, and this agreement
shall be prepared in compliance with IZO Section 27.090.D.
Building Division
34. Proposed project will require building permit application and construction plan approval in
compliance with current California Building Standards Code in CCR Title 24 as adopted by the
City of Petaluma. The Building Division reviews applications and plans in accordance with this
code. The applicant will need to demonstrate compliance with the construction documents.
Submit plans in conformance to current City ordinance and building code adoption at time of
permit submittal.
35. Building Permit application is to be made to the City Building Division of the Planning Department.
Permit applications will require plans, review, and approvals. See:
https://cityofr)etaluma.ora/permit-process/.
36. Building permit construction documents are to include occupancy classifications, general
building area and height limitations,type of construction,and fire sprinkler provisions data for each
building on the subject parcel.
37. Effective June 16, 2021, new buildings are required to have all electric construction as defined in
Petaluma Municipal Code Chapter 17.36 and permanent supply of electricity as the source of
energy for all space heating, water heating (including pools and spas), cooking appliances, and
clothes drying appliances, and has no natural gas or propane plumbing installed in the building.
38. For the 2019 Building Standards Code cycle effective June 16, 2021, the City of Petaluma has
adopted CalGreen at the Tier 1 level for wholly new buildings, with the exception Energy
Efficiency, which is adopted at the mandatory level only.
39. Construction documents are to include a means of egress plan. Show in sufficient detail the
location, construction, size, and character of all portions of the means of egress in compliance
with the provisions of this code. Designate the number of occupants to be accommodated on
every floor, and in all rooms and spaces as required in CBC Section 107.2.3.
40. Accessibility of Covered Multifamily Dwellings and Public Housing may have requirements under
one or more regulations and agencies both State and Federal. Provide a clear statement of
applicability of these regulations and CBC Chapter 11A and 1 1 B for this project on construction
documents submitted for permit. (See definitions of Covered Multifamily Dwelling and Public
Housing in CBC Section 202.) Include details applicable to housing units, leasing offices, common
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use areas, pool or spa, mailboxes, trash and recycling facilities, parking facilities, etc.
Fire Prevention Department
41. All submitted sheets must be wet-stamped and wet-signed by the California licensed /registered
professional responsible for the design (i.e. electronic signature will be permitted if acceptable by
jurisdiction). Please provide a stamp &signature on each page of the submittal.2019 CFC §105.4.1
& CA B&P Code §6737.1, 7026.12, 7057 & 7058.
42. Prior to issuance of a building permit, the applicant shall confirm the type of Fire Protection System
that will be installed (e.g.: NFPA 13, 13R, 13D) and whether there will be an FDC. If a FDC will be
installed, fire hydrants shall also be installed every 300 lineal feet. Fire department sprinkler
connection shall not be in excess of fifty (50) feet from a fire hydrant.
43. Note: In addition to any civil drawings, contractors installing underground fire lines shall submit two
sets of the plans to the Petaluma Fire Marshal's office prior to installation. Design must be in
accordance with the following City of Petaluma Standards:
• STD850.05 main size 854 thrust blocks
• 857.01 fire hydrant 860 temporary fire flow
• 879.01 PIV and FDC 880 detector check/s
• Points of connection to main and sprinkler riser detail
• Hydro-test 200 psi-for 2 hours
• Detail method of flushing lines
44. Per Petaluma Municipal Code and Title 17 of the California Administrative Code, a fire service
underground to a building of three (3) or more floors shall have a double detector check /
backflow preventer installed per City of Petaluma Water Installation Standards.
Department of Public Works and Utilities
45. Prior to issuance of a building permit, a public improvement plan application is required to be
submitted and approved for all frontage work and all on-site work within public easements. A
public improvement agreement package including necessary bonds and insurance is required.
All public improvement work shall be completed prior to final inspection or issuance of a
certificate of occupancy.
46. The project shall comply with E.10 Construction Erosion and Sediment Control requirements: with
the building permit application, applicant shall provide Notice of Intent documentation as well as
the Storm Water Pollution Prevention Plan (SWPPP) and erosion and sediment control plan.
47. The project is responsible for paying water, sewer, and storm drain impact/capacity fees prior to
issuance of a building permit.
48. All the public improvements shall be designed in accordance with the latest City of Petaluma
Public Works and Utilities Department Standards & Specifications, latest edition of the Manual of
Uniform Traffic Control Devices (MUTCD) and Caltrans standards.
49. Depending on the intended use of the retail areas and the communal kitchen, a grease removal
device may be required pursuant to Petaluma Municipal Code 15.48.130.
50. A construction level geotechnical report is required with the subdivision improvement plan.
51. Comply with E12 post construction storm water treatment requirements. Submit a construction
level report and plans with the building permit applications for the future homes demonstrating
compliance with the El requirements. The applicant is required to enter into the City's standard
operation and maintenance agreement for treating storm water prior to acceptance of
subdivision improvements. The executed Stormwater Facilities Maintenance Agreement shall be
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recorded prior to issuance of first certificate of occupancy.
52. Pavement of half of Payran is acknowledged. Public Works has acknowledged that need to
resurface Petaluma Boulevard North can be determined during construction.
53. The project owner shall enter into the City's standard agreement for storm water facilities
maintenance of post construction best management practices. Please submit two notarized
original agreements for recording. The agreement must be approved and recorded prior to
issuance of a certificate of occupancy.
54. Trash enclosures shall be constructed to be compliant with sections 15.80.060 and 15.36.010 of the
Petaluma Municipal Code.
ENVIRONMENTAL CONDITIONS OF APPROVAL
The following conditions of approval ensure implementation of applicable mitigation measures and
policies set forth in the General Plan and its EIR and include standard conditions of approval imposed on
development projects and uniformly applied development standards.
Air Quality
55. The latest BAAQMD recommended Best Management Practices (BMPs) to control for fugitive dust
and exhaust during all construction activities shall be incorporated into all construction plans to
require implementation of the following:
a. All exposed surfaces (e.g., parking areas,staging areas,soil piles,graded areas,and unpaved
access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material shall be covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power
vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are
used.
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing
the maximum idling time to 5 minutes (as required by the California airborne toxics control
measure Title 13, Section 2485 of California Code of Regulations (CCR)). Clear signage shall
be provided for construction workers at all access points.
g. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified mechanic and
determined to be running in proper working condition prior to operation.
h. Post a publicly visible sign with the telephone number and person to contact at the Lead
Agency regarding dust complaints.This person shall respond and take corrective action within
48 hours. The Air District's phone number shall also be visible to ensure compliance with
applicable regulations.
Cultural/Tribal Cultural Resources
56. If during the course of ground disturbing activities,including,but not limited to excavation,grading
and construction, a potentially significant prehistoric or historic resource is encountered, the
Federated Indians of Graton Rancheria shall be notified and all work within a 100-foot radius of
the find shall be suspended for a time deemed sufficient for a qualified and city-approved cultural
resource specialist to adequately evaluate and determine significance of the discovered
resource and provide treatment recommendations. Should a significant archeological resource
be identified, a qualified archaeologist shall prepare a resource mitigation plan and monitoring
program to be carried out during all construction activities. Prehistoric archaeological site
indicators include obsidian and chert flakes and chipped stone tools; grinding and mashing
implements (e.g., slabs and handstones, and mortars and pestles); bedrock outcrops and
boulders with mortar cups; and locally darkened midden soils. Midden soils may contain a
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combination of any of the previously listed items with the possible addition of bone and shell
remains, and fire affected stones. Historic period site indicators generally include fragments of
glass, ceramic, and metal objects; milled and split lumber;and structure and feature remains such
as building foundations and discrete trash deposits (e.g., wells, privy pits, dumps).
57. In the event human remains are uncovered during earthmoving activities, all construction
excavation activities shall be suspended in the immediate vicinity of where the human remains
are located, and the following shall apply:
a. The Sonoma County Coroner shall be contacted to determine that no investigation of the
cause of death is required.
b. If the coroner determines the remains to be Native American, the coroner shall contact the
Native American Heritage Commission within 24 hours.
c. The applicant shall retain a City-approved qualified archaeologist to provide adequate
inspection, recommendations and retrieval, if appropriate.
d. It shall be the responsibility of the Native American Heritage Commission, rather than the
applicant or the City, to identify the person or persons it believes to be the most likely
descended from the deceased Native American, and to contact such descendant in
accordance with state law.
e. The applicant shall be responsible for discussing and conferring with Native American
descendants all reasonable options regarding the descendants' preferences for treatment,
as provided in Public Resources Code Section 5097.98(b), and for carrying out all obligations
of the applicant as provided at Public Resources Code Section 5097.98.
58. In the event that paleontological resources, including individual fossils or assemblages of fossils, are
encountered during construction activities all ground disturbing activities shall halt in the immediate
vicinity of where the resources are located, and a qualified paleontologist shall be procured to
evaluate the discovery and make treatment recommendations.
Geology and Soils
59. As determined by the City Engineer and/or Chief Building Official, all recommendations outlined
in the September 2020 Geotechnical Investigation prepared by Miller Pacific Engineering Group,
including but not limited to, site preparation and grading/excavation, seismic design, and
foundations system design are herein incorporated by reference and shall be adhered to ensure
that appropriate construction measures are implemented. Final grading plan, construction plans,
and building plans shall demonstrate that recommendations set forth in the geotechnical reports
have been incorporated into the design of the Project. Nothing in this condition shall preclude the
City Engineer and/or Chief Building Official from requiring additional information to determine
compliance with applicable standards. The geotechnical engineer shall inspect the construction
work and shall certify to the City, prior to issuance of a certificate of occupancy, that the
improvements have been constructed in accordance with the geotechnical specifications.
Hazards and Hazardous Materials
60. A Soil and Groundwater Management Plan (SGMP) shall be prepared to outline soil and
groundwater management protocols that would be implemented during redevelopment of the
Site to ensure that construction workers, the public, future Site occupants, and the environment
would not be exposed to hazardous materials that may be present in the subsurface of the Site.
The SGMP shall describe health and safety requirements for construction workers that may handle
contaminated soils and shall include procedures to be followed if contaminated (e.g., stained,
oily, or odorous) soil or groundwater is encountered during construction. These procedures shall
include notification requirements; inspection and sampling of contaminated soil or groundwater
by a qualified environmental professional; guidelines for dust/vapor/odor control and air
monitoring during excavation if contamination is encountered; guidelines for groundwater
dewatering, treatment, and disposal to ensure compliance with applicable regulations/permit
requirements; and guidelines for the segregation of contaminated soil, stockpile management,
characterization of soil for off-Site disposal or on-Site reuse, and importing of clean fill material.The
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SGMP shall be submitted to the City of Petaluma (City) for review and approval prior to the City
issuing demolition or grading permits for the Site.
Hydrology and Water Quality
61. Prior to issuance of a grading permit, the applicant shall file a Notice of Intent with the RWQCB
and demonstrate compliance with the Statewide General Permit for Construction Activities.
62. Prior to issuance of a building permit, the applicant shall prepare a design-level Stormwater
Mitigation Plan that provides calculation and documentation that the storm drain system has
adequate capacity to serve the Project. The storm drain system shall be reviewed and approved
by the City Engineer and Sonoma Water.
63. In accordance with the National Pollution Discharge Elimination System (NPDES) regulations, the
applicant shall prepare and implement a project-specific Stormwater Pollution Prevention Plan,
including an erosion control plan, for grading and construction activities.The SWPPP shall address
erosion and sediment control during all phases of construction, storage and use of fuels, and use
and clean-up of fuels and hazardous materials.The SWPPP shall designate locations where fueling,
cleaning and maintenance of equipment can occur and shall ensure that protections are in
place to preclude materials from entering into storm drains or the Petaluma River. The contractor
shall maintain materials onsite during construction for containments and clean-up of any spills.The
applicant shall provide approval documentation from the RWQCB to the City verifying
compliance with NPDES.
64. The applicant shall prepare and implement an erosion control plan for all grading activities. The
plan shall be reviewed and approved by the City of Petaluma prior to issuance of grading permits.
The erosion control plan shall include limiting areas of disturbance, designating restricted-entry
zones, diverting runoff away from disturbed areas, inlet/outlet protection at nearby drains, and
provisions for revegetation and mulching. The erosion control plan shall prescribe treatment to
trap sediment, such as inlet protection, straw bale barriers, straw mulching, and straw wattles.
Noise
65. Construction activities shall comply with the following and all shall be noted on construction
documents:
a. Construction Hours/Scheduling: The following are required to implement the allowed hours of
construction by the Petaluma Implementing Zoning Ordinance:
i. Construction activities for all phases of construction, including servicing of construction
equipment shall only be permitted during the hours of 7:00 a.m. and 10:00 p.m.
Monday through Friday and between 9:00 a.m. to 10:00 p.m. on Saturdays, and State,
Federal, and local holidays. Construction activities shall not occur on Sundays.
ii. Delivery of materials or equipment to the site and truck traffic coming to and from the
site is restricted to the same construction hours specified above.
b. Construction Equipment Mufflers and Maintenance: All construction equipment powered by
internal combustion engines shall be properly muffled and maintained.
c. Idling Prohibitions:All equipment and vehicles shall be turned off when not in use. Unnecessary
idling of internal combustion engines is prohibited.
d. Quiet Equipment Selection: Select quiet construction equipment, particularly air compressors,
whenever possible. Motorized equipment shall be outfitted with proper mufflers in good
working order.
e. Equipment Location and Shielding: All stationary noise-generating construction equipment,
such as air compressors, shall be located as far as practical from the adjacent homes.
Acoustically shield such equipment when it must be located near adjacent residences.
f. Staging and Equipment Storage: The equipment storage location shall be sited as far as
possible from nearby sensitive receptors. Generators: No generators shall be utilized during
nighttime hours (I.e., sunrise to sunset) to power equipment (e.g., security surveillance) when
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normal construction activities have ceased for the day. All such equipment should be
powered through temporary electrical service lines.
g. Noise Disturbance Coordinator: Developer shall designate a "noise disturbance coordinator"
who will be responsible for responding to any local complaints about construction noise. This
individual would most likely be the contractor or a contractor's representative. The
disturbance coordinator would determine the cause of the noise complaint (e.g., starting too
early, bad muffler, etc.) and would require reasonable implementation measures to correct
the problem. Conspicuously post a telephone number for the disturbance coordinator at the
construction site and include in it the notice sent to neighbors, within a 500-foot radius of the
site, regarding the construction schedule.
Public Services and Recreation
66. The Project is subject to payment of park land acquisition fees and the City's Facilities
Development Impact Fee per the amounts adopted by resolution, and updated annually, and
per the payment schedule adopted by resolution.
Public Utilities
67. The City of Petaluma Public Works and Utilities, Environmental Services Division's standard
conditions of approval regarding water conservation, irrigation, and water use efficiency shall be
implemented.
68. A Construction Waste Management Plan shall be prepared and implemented during all stages of
construction to address the disposal, recycling, and reuse of major waste materials from
demolition and construction activities. The Construction Waste Management Plan will be
reviewed upon submittal of a building permit and shall meet the minimum requirements of the
CALGreen code for residential and commercial development.
69. In accordance with CALGreen Section 4.410.2 onsite recycling shall be provided in readily
accessible areas for the depositing, storage and collection of non-hazardous materials including
at a minimum paper, cardboard, glass, plastics, organic waste, and metals.
70. The applicant shall coordinate with Recology to appropriately size trash enclosures and ensure
that maximum waste stream diversion occurs by providing onsite pre-sorting for recyclables and
green waste for compostable and organic material.
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