HomeMy WebLinkAboutPlanning Commission Resolution 2023-14 08/22/2023 DocuSign Envelope ID:669832E4-5CF0-495C-A6E6-FE24D7C40664
ATTACHMENT A
RESOLUTION NO. 2023-14
RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION
APPROVING SITE PLAN AND ARCHITECTURAL REVIEW FOR THE
DEMOLITION OF AN EXISTING 9,040 SF RESTAURANT BUILDING, PROPOSED
DEVELOPMENT OF A f 5,100 SF RESTAURANT BUILDING AND A f 4,500 SF
COMMERCIAL RETAIL BUILDING,FACADE IMPROVEMENTS TO TWO
EXISTING RETAIL BUILDINGS,AND CONSTRUCTION OF ASSOCIATED SITE
IMPROVEMENTS LOCATED AT 5002 PETALUMA BOULEVARD NORTH
APN: 007-412-075
FILE NO. PLSR-2022-0039
WHEREAS, Dynamic Real Estate Partners, LLC, submitted an application for Site Plan
and Architectural Review for proposed development of a 5,100 Square Foot(SF)restaurant and a
4,500 SF retail building,renovation of two existing retail buildings, and construction of associated
site improvements located on a 3.09-acre site zoned C2 (Commercial 2) at 5002 Petaluma
Boulevard North (APN 007-412-075) (the "Project"); and
WHEREAS,IZO Table 4.4 permits"General Retail—25,000 sf or Less"and"Restaurant,
Cafe, Coffee Shop"uses by right within the C2 zone; and
WHEREAS, pursuant to IZO Chapter 24, Site Plan and Architectural Review is a
discretionary Planning entitlement subject to review and approval by the Planning Commission;
and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
Site Plan and Architectural Review for the Project on August 22,2023,at which time all interested
parties had the opportunity to be heard; and
WHEREAS, public notice of the Planning Commission hearing was published in the
Petaluma Argus-Courier and mailed to residents and occupants within 1,000 feet of the Project site
in compliance with state and local law; and
WHEREAS, a public hearing sign was posted on-site at least 10 days prior to the Planning
Commission meeting, consistent with IZO Section 24.100.B; and
WHEREAS, at said hearing, the Planning Commission considered the staff report, dated
August 22, 2023, and all public testimony provided prior to and at the public hearing; and
WHEREAS, on August 22, 2023, the Planning Commission considered a staff report
analyzing the application, including the California Environmental Quality Act ("CEQA")
determination included therein.
DocuSign Envelope ID:669832E4-5CF0-495C-A6E6-FE24D7C40664
Attachment A August 22,2023
5002 Petaluma Boulevard North Retail Campus
NOW THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF PETALUMA AS FOLLOWS:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Based on its review of the entire record herein,the Planning Commission makes the following
findings:
California Environmental Quality Act
a. As demonstrated in the CEQA Exemption Memo included as Attachment H in the August
22,2023 staff report,the application and the project for which it seeks approval are exempt
from the California Environmental Quality Act (CEQA) in that the project qualifies for a
categorical exemption from CEQA pursuant to CEQA Guidelines Section 15301 (Existing
Facilities) which involves interior and exterior alterations of existing structures, additions
to existing structures provided that the addition will not result in an increase of more than
10,000 SF, and demolition and removal of individual small structures, as evidenced by the
minimal increases in overall square footage (± 572 SF) and available parking supply(± 11
parking spaces). The project is also exempt under CEQA Guidelines Section 15302
(Replacement or Reconstruction), which consists of replacement or reconstruction of
existing structures and facilities where the new structures will be located on the same site
as the structure replaced and will have substantially the same size, purpose, and capacity.
The project is also exempt under CEQA Guidelines Section 15332. (Infill Development)
in that the project is consistent with the General Plan, occurs on a 3.09-acre parcel, does
not contain habitat value, proposes minimal changes in operations and capacity, and can
be served by existing utilities. Furthermore, the project would not be prohibited from the
use of a categorical exemption due to the exceptions listed in Section 15300.2.
General Plan
b. The Project is consistent with the General Plan 2025 Community Commercial (CC) land
use designation in that the CC classification accommodates shopping centers and
commercial districts, including regionally oriented centers. The project site is located
within the General Plan's Petaluma Boulevard North Subarea, which includes Highway
101, the western edge of the Urban Growth Boundary (UGB), Washington Street, and the
railroad tracks. The project site is zoned C2 (Commercial 2), which implements the CC
land use designation, and the retail and restaurant land uses at 5002 Petaluma Boulevard
are permitted by right in C2 zoning districts.
c. The Project, for the reasons discussed in the August 22, 2023, Planning Commission staff
report, is consistent with the following General Plan principles and policies:
Guiding Principle 9: Expand retail opportunities to meet residents' needs and promote the
city's fiscal health,while ensuring that new development is in keeping with
Petaluma's character.
Policy 1-P-2 Use land efficiently by promoting infill development, at equal or higher
density and intensity than surrounding uses.
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5002 Petaluma Boulevard North Retail Campus
Policy 1-P-11 Allow land use intensification at strategic locations along the arterial
corridors leading to Downtown and Central Petaluma, including aging
commercial and industrial sites.
Policy 5-P-23 Require the provision of pedestrian site access for all new development.
Policy 1-P-14 Require provision of street trees, landscaping, parking, and access features
to help integrate land uses and achieve an effective transition between uses
of disparate intensities.
Policy 1-P-49 Preserve existing tree resources and add to the inventory and diversity of
native/indigenous species.
Policy 2-P-5 Strengthen the visual and aesthetic character of major arterial corridors,
through streetscape improvements including use of planted medians,
parking configuration, signage, and paving materials.
Policy 4-P-12 Prohibit new drive-thru food and service facilities with the exception of
vehicle serving businesses, such as car wash and oil/lube, and limit
expansion of the drive-thru components of existing facilities which increase
idling vehicles.
Policy 4-P-19 Encourage use and development of renewable or nontraditional sources of
energy.
Policy 5-P-20 Ensure that new development provides connections to and does not interfere
with existing and proposed bicycle facilities.
Policy 5-P-23 Require the provision of pedestrian site access for all new development.
Policy 5-P-31 Make bicycling and walking more desirable by providing or requiring
development to provide necessary support facilities throughout the city.
Policy 8-P-33 The City shall continue to implement mandatory zero-net fill upstream of
the Payran transition weir, and when appropriate utilize zero-net runoff, to
assess site-specific impacts and identification of mitigations.
Policy 8-P-37.G New non-residential development in the 100- year flood boundary area,
identified in Figure 8-1,with less than one foot of water depth during a 100-
year storm event will be required to provide flood protection at least 1 foot
above the BFE, or elevate the lowest floor two feet above the BFE.
Policy 8-P-39 Consider, to the extent practicable, requiring sustainable site design
practices as outlined in the `Sustainable Site Planning' text box contained
herein.
• Reduce imperviousness by limiting building footprint, and using
permeable paving or landscaping to break up expanses of impervious
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Attachment A August 22,2023
5002 Petaluma Boulevard North Retail Campus
surfaces.
• Grade to encourage sheet flow and lengthen flow paths to increase the
runoff travel time in order to reduce the peak flow rate.
• Disconnect roof downspouts and direct storm water into vegetated areas
or into water collection devices.
• Use native plants (or adaptable species) to establish an adaptable and
low maintenance landscape that requires less irrigation and are
appropriate for the climatic conditions.
Policy 9-P-13 Expand and diversify Petaluma's retail base.
Policy 9-P-14 Plan and locate retail uses appropriately to their types and the sites available.
Policy 9-P-17 Incorporate access and amenity features into retail rehabilitation and
intensification projects, including streetscape improvements, relocation of
parking behind buildings to add visual appeal, and improved bicycle and
pedestrian connections between existing and new retail areas and to
adjoining neighborhoods to promote non-auto access.
Implementing Zoning Ordinance
d. The Project is consistent with all development standards of the Commercial 2 (C2) zoning
districts, including but not limited to, those pertaining to setbacks, building height, and
parking.
e. The project is consistent with the allowable land uses and planning permit requirements of
the C2 zoning district. IZO Table 4.4 permits "General Retail — 25,000 sf or Less" and
"Restaurant, Cafe, Coffee Shop"uses by right within the C2 zone.
f. The project is consistent with Implementing Zoning Ordinance §24.050 — Site Plan and
Architectural Review, in that all required findings found in §24.050(E) can be made as
follows:
i. The project uses quality materials, and the overall design is harmonious and in
proportion in itself and in relation to adjacent development in that the project proposes
Hardie panel, aluminum storefronts, standing-seam metal roofing, and stucco materials.
Renovated Retail Buildings 1 & 2 will be painted light grey to match Retail Building 3
and the new restaurant building. In addition, Retail Building 3 and the new restaurant
building are harmonious in proportion through the use of strong vertical tower elements
with gable roof forms at the building corners.
ii. The architectural style is appropriate for the project and compatible with the character
of the neighborhood in that the project proposes to renovate two existing retail buildings
on-site and create compatibility with two new buildings through the use of matching
colors and materials. The prevailing character of the surrounding auto-centric
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Attachment A August 22,2023
5002 Petaluma Boulevard North Retail Campus
commercial area is diverse in terms of architectural style. New proposed buildings
would blend contemporary and farmhouse materials exemplified by simple massing,
natural finishes, vertical siding elements, and gable roof forms.
iii. The siting of the structures on the property is appropriate for the site and as compared
to the siting of other structures in the neighborhood in that the proposed redevelopment
would retain two existing retail buildings and propose a third in the northwest corner of
the site ± 8 feet north of the existing retail buildings to create continuity between the
storefronts. The proposed restaurant building would be sited in a similar location to the
existing restaurant building. The project would provide robust landscaping,bicycle and
pedestrian, parking lot, and stormwater site improvements to integrate elements within
the site, as well as the site with the surrounding neighborhood.
iv. The size,location,design,color,number,lighting, and materials of all signs and outdoor
advertising structures are in accordance with all applicable requirements of this Zoning
Ordinance and appropriate for the site, and compatible with the character of the
neighborhood in that the project proposes a comprehensive master sign program for all
signs in the shopping center stipulating size, design, criteria, location. In addition, the
master sign program ensures a cohesive approach to project signage. All proposed
signage approved in the Master Sign Program would require a subsequent sign permit
with the Building Division prior to installation.
v. The bulk, height, and color of the proposed structures are appropriate for the site and as
compared to the bulk, height, and color of other structures in the neighborhood in that
Retail Building 3 and the new restaurant building would provide simple horizontal
massing with vertical tower elements with gable roof forms at the building corners. The
proposed height of Retail Building 3 is 29'-8" and the proposed height of the new
restaurant building is 25'-9", which complies with the 40-foot maximum height
standards for the C2 zone. In addition, the proposed structures would complement the
existing retail building on-site to be retained through matching colors.
vi. Landscaping is proposed in accordance with applicable City standards and is compatible
with the character of the neighborhood in that f 23,646 SF of landscaped areas would
be provided through the creation of side and rear yards and parking lot landscape islands
that would bring the site into conformance with current City standards. In addition, 93
trees, of which 32 Western redbuds are native to California, would be provided on-site.
vii. Ingress, egress, internal circulation for bicycles and automobiles, off-street automobile
and bicycle parking facilities, and pedestrian ways are designed so as to promote safety
and convenience and conform to applicable City standards in that the project would
maintain the existing 35-foot-wide by 180-foot-long drive aisle extending from the site
access to the main surface parking areas and provide a new six-foot-wide continuous
concrete pedestrian pathway connecting to the public sidewalk along Auto Center Drive.
The pedestrian pathway would include marked crossings across drive aisles and run
primarily along curbed parking lot landscape areas to promote safety. In addition, the
pedestrian pathway provides a connection to bicycle parking.
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Attachment A August 22,2023
5002 Petaluma Boulevard North Retail Campus
viii. The design is of good character and has been prepared by a licensed architect, licensed
civil engineer, and professional landscape architect.
ix. As demonstrated in the CEQA Exemption Memo included as Attachment H in the
August 22, 2023 staff report, the application and the project for which it seeks approval
are exempt from the California Environmental Quality Act (CEQA) in that the project
qualifies for a categorical exemption from CEQA pursuant to CEQA Guidelines Section
15301 (Existing Facilities) which involves interior and exterior alterations of existing
structures, additions to existing structures provided that the addition will not result in an
increase of more than 10,000 SF, and demolition and removal of individual small
structures. The project is also exempt under CEQA Guidelines Section 15302
(Replacement or Reconstruction), which consists of replacement or reconstruction of
existing structures and facilities where the new structures will be located on the same
site as the structure replaced and will have substantially the same size, purpose, and
capacity. The project is also exempt under CEQA Guidelines Section 15332. (Infill
Development).
x. The proposed structure and use, subject to any conditions which may apply, conforms
with the applicable requirements of this Zoning Ordinance and applicable policies and
programs of the City's General Plan and any applicable specific plan, and the proposed
use will not, under the circumstances of the SPAR application, constitute a nuisance or
be detrimental to the public welfare of the community in that the proposed commercial
redevelopment and master sign program have been reviewed by staff for compliance
with all applicable requirements of the Zoning Ordinance and General Plan, as
documented in the August 22, 2023 staff report and as conditioned.
3. Based on its review of the entire record herein, including the August 22, 2023, Planning
Commission staff report, all supporting, referenced, and incorporated documents, and all
comments received, the Planning Commission hereby approves Site Plan and Architectural
Review for the Project, subject to the conditions of approval attached hereto as Exhibit 1.
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DocuSign Envelope ID:669832E4-5CF0-495C-A6E6-FE24D7C40664
ATTACHMENT A
ADOPTED this 22nd day of August 2023, By Following vote:
Commission Member Aye No Absent Abstain
Bauer X
Chair Hooper X
McErlane X
Vice Chair Racusen X
Whisman X
Vice Mayor Cader X
Thompson
DocuSigned by:
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9562308988E94A1
Blake Hooper, Chair
ATTEST: APPROVED AS TO FORM:
DocuSigned by: DocuSigned by:
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Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney
DocuSign Envelope ID:669832E4-5CF0-495C-A6E6-FE24D7C40664
Attachment A August 22,2023
5002 Petaluma Boulevard North Retail Campus
EXHIBIT 1
SPAR CONDITIONS OF APPROVAL
5002 Petaluma Boulevard North Retail Campus
Located at 5002 Petaluma Boulevard North
APN: 007-412-075
File No. PLSR-2022-0039
Standard Conditions of Approval
Planning Division
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 August 22, 2023, except as modified by these conditions of
approval. The Planning Manager shall make a determination of substantial conformance 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 colors,materials, and landscaping shall be in substantial conformance with those noted on
the plan set approved by Planning Commission on August 22, 2023.
3. 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:Hsonomacounty.ca.gov/CRA/Clerk-Recorder/CEQA-%E2%80%93-Fish-and-
Wildlife-Filings/. Per Fish and Game Code Section 711.4(d)(1), payment of the State
Department of Fish and Wildlife environmental filing fee is not required).
4. 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. A copy of the approved plans shall be maintained on-site when construction
activities are occurring.
5. At Building Permit issuance, the applicant shall provide the City with an electronic copy of
final/approved plans in PDF format on either a CD or USB drive.
6. All review costs related to the processing of this application shall be paid in full prior to
issuance of a building permit. On-going costs associated with the review and monitoring of
construction shall be paid prior to final inspection or issuance of a Certificate of Occupancy.
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5002 Petaluma Boulevard North Retail Campus
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. Phasing of one block ahead of the other may be authorized by staff subject to a
Construction Agreement. Modifications to the project, including but not limited to a change in
construction phasing, shall require Site Plan and Architectural Review in accordance with IZO
§24.050.
8. This approval is, as provided for at IZO §24.050(I), 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 §24.050(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, if
applicable.
10. All externally visible scuppers, gutters and downspouts shall either be galvanized sheet metal
as per plan, or complimentary to the building architecture.
11. The 11-5-19-inch DBH multitrunked elm located in the northwest corner of the property is to
be retained and protected during construction activities as shown diagrammatically on the
approved landscape plan. The applicant shall provide at the time of construction drawing
submittal tree protection notes for each of the elm trees located in the northwest corner of the
site. Tree protection notes shall be consistent with IZO Chapter 17.080.
12. The applicant shall provide equipment-specific screening details at the time of Building Permit
submittal for Retail Building 2 for all existing and new roof-mounted equipment. All screening
materials shall be compatible with building architecture.
13. Electrical transformer boxes and garbage enclosures shall be screened with attractive fencing
or walls constructed of materials consistent with those used on the primary structure(s). The
existing on-site transformer located adjacent to the Retail Building 2 storefront shall be
screened. Screening details shall be provided at the time of Building Permit submittal subject
to review and approval of the Planning Manager.
14. 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.
15. At all times the site shall be kept cleared of garbage and debris. No outdoor storage shall be
permitted.
16. Construction activities shall comply with performance standards specified in IZO Chapter 21
(Performance Standards).
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Attachment A August 22,2023
5002 Petaluma Boulevard North Retail Campus
17. The contractor(s) shall implement basic and additional air quality construction measures set
forth by BAAQMD, including the following:
a. Watering of all active construction areas(staging,parking,soil piles,graded areas,unpaved
driveways, etc.) shall be performed at least twice daily.
b. Cover all haul trucks transporting soil, sand, or other loose materials offsite.
c. Sweep daily(with water sweepers)all paved access roads,parking areas,and staging areas.
Sweep streets daily(with water sweepers)if visible soil material is deposited onto adjacent
roads.
d. Limit traffic speeds on any unpaved roads to 15 mph.
e. Suspend construction activities that cause visible dust plumes that extend beyond the
construction site.
f. A certified mechanic shall verify that equipment used for construction purposes is properly
tuned and maintained in accordance with manufacturer specifications.
g. Idling times shall be limited to 5 minutes or less pursuant to the "no idling" rule for in-use
off-road diesel-fueled vehicles. Signage during construction shall be posted at the
construction site indicating the idle time limitation.
h. All diesel-powered off-road equipment larger than 50 horsepower and operating at the site
for more than two days continuously shall meet U.S. EPA particulate matter emissions
standards for Tier 2 engineer or the equivalent.
i. Diesel-powered generators or air compressors shall not be used on-site for more than two
days continuously, unless under emergency conditions.
j. Post a publicly visible sign with the telephone number of designated person 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.
18. Due to the potential for buried Native American archaeological resources to be present within
the Project Area, the applicant shall contract Secretary of Interior qualified archaeologist is to
prepare an Archaeological Monitoring Plan (AMP) and that a FIGR tribal monitor and an
archaeological monitor are present during Project-related ground-disturbing activities.The AMP
shall contain a provision for worker Cultural Resource Awareness and Sensitivity Training and
provide details regarding the types of archaeological and tribal cultural resources that could be
found within the Project Area during demolition and construction, and the procedures to follow
should any archaeological or tribal cultural materials be encountered. The AMP shall provide a
plan for the evaluation and treatment of archaeological resources that may be encountered, as
well as a curation plan. The archaeological and tribal monitors shall be empowered to halt
construction activities at the location of a discovery to review possible archaeological and/or
tribal cultural resource materials and to protect the resource while it is being assessed. Full-time
archaeological and tribal monitoring shall continue until the archaeologist and FIGR agree that
archaeological and/or tribal cultural resources are no longer likely to be encountered. A report
shall also be prepared to document the findings after construction is completed.
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Attachment A August 22,2023
5002 Petaluma Boulevard North Retail Campus
19. To protect buried tribal cultural resources or other resources listed by the Federated Indians of
Graton Rancheria that may be encountered during ground-disturbing activities,the project shall
implement the conditions below. Buried tribal cultural resources or other resources listed by the
Tribe may 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 combination
of any of the previously listed items with the possible addition of bone and shell remains,abalone
shell remains, and fire-affected stones.
a. Prior to issuance of a demolition or grading permit, the applicant shall prepare and submit
to the City a work plan to conduct a field investigation during ground-disturbing activities.
The scope of work for the field investigation shall include survey methods, depths, and
locations and shall be reviewed and accepted by the City and the Tribe and agreed to by
the applicant.
b. At the time of ground-disturbing activities, including, but not limited to, demolition,
excavation, grading, and construction, a qualified and Tribe-approved archaeologist shall
carry out the field investigation of the site in accordance with the agreed upon
methodology.
c. If an archaeological deposit is encountered during Project-related, ground-disturbing
activities, all work within 50 feet of the discovery shall be redirected until a Secretary of
Interior-qualified Archaeologist inspects the material,assess its historical significance, and
provides recommendations for the treatment of the discovery. Potentially significant
historic-era resources may include all by-products of human land use greater than 50 years
of age, including subsurface deposits of domestic type material(e.g.,glass, ceramic,metal,
wood, faunal remains, brick, etc.), buried alignments of stone, brick, or foundation
elements, or infrastructure related to previous buildings, and possible features associated
with the P&SR Railway, open workspaces, or yard spaces. Potentially significant
prehistoric resources include midden soils, artifacts such as faunal bone,groundstone, fire-
affected rock (FAR), baked clay, modified bone and/or shell, flake stone debitage, flake
stone tools, etc., and features such as house floors, cooking pits, and interred burials.
d. Should a significant archeological resource be identified, a qualified Tribe-approved
archaeologist,in collaboration with the City and the Federated Indians of Graton Rancheria
shall prepare an avoidance strategy and monitoring program to be carried out during all
ground disturbing construction activities. The avoidance strategy shall be subject to review
and approval of the Planning Manager to determine if modifications to the project require
an amendment to this approval by the Planning Commission through the Site Plan and
Architectural Review procedure under IZO §24.010 and further review under the
California Environmental Quality Act.
20. In the event that paleontological resources, including individual fossils or assemblages of
fossils, are encountered during construction activities all ground-disturbing activities shall halt
and a qualified paleontologist shall be procured to evaluate the discovery and make treatment
recommendations.
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5002 Petaluma Boulevard North Retail Campus
21. If human remains are encountered within the Project Area during Project-related ground-
disturbing activities, all work must stop within 100 feet of the discovery area, the area and
associated spoils shall be secured to prevent further disturbance. The Sonoma County Coroner
must be notified immediately. It is important that the suspected human remains, and the area
around them, are undisturbed and the proper authorities are called to the scene as soon as
possible. The coroner will determine if the remains are prehistoric Native American remains
or of modern origin and if there are any further investigation by the coroner is warranted. If
the remains are suspected to be prehistoric Native American remains,the coroner shall contact
the NAHC by telephone within 24 hours. The NAHC will immediately notify the person it
believes to be the most likely descendant (MLD) of the remains. The MLD has 48 hours to
make recommendations to the landowner for the treatment or disposition of the human
remains. If the MLD does not make recommendations within 48 hours, the landowner shall
reinter the remains in the Project Area, in a location that will be secure from future
disturbances. If the landowner does not accept the descendant's recommendations, the owner
or the descendant may request mediation by NAHC. According to the California Health and
Safety Code, six (6) or more human burials at one (1) location constitute a cemetery (Section
8100), and willful disturbance of human remains is a felony (Section 7052). A Secretary of
Interior-qualified Archaeologist shall also evaluate the historical significance of the discovery,
the potential for additional remains, and provide further recommendations for treatment of the
site in coordination with the MLD.
22. 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.
23. All plantings 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 plants(to provide
an equivalent appearance and be of the same water usage, and if to replace a native or
mitigation planting, of the same species) 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.
24. Herbicides/pesticides shall not be applied in areas used by pedestriansibicyclists 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.
25. All tree stakes and ties shall be removed within one year following the installation or as soon
as trees are able to stand erect without support.
26. Separate sign permits in compliance with Chapter 20 of the Implementing Zoning Ordinance
shall be obtained prior to the installation of signage. All signage shall be consistent with an
approved Master Sign Program in terms of type, size, location, color, and illumination. A
determination of Master Sign Program consistency shall be made by the Planning Manager in
writing during the plan check review process.
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5002 Petaluma Boulevard North Retail Campus
27. This approval does not permit any freeway-oriented signage for tenants less than 8,000 SF
pursuant to IZO Section 20.140.D.5.The applicant shall revise the architectural plans approved
by the Planning Commission on August 22, 2023, to remove any proposed freeway-oriented
signage, as defined in IZO Section 20.020.J.'
28. The applicant shall remove the existing off-site nonconforming monument sign pursuant to
IZO Section 20.230, which requires discontinuance unless a sign permit was obtained.
29. This approval does not permit any parking lot signage for the purpose of directing customers
to pick up restaurant orders. Any additional signage to direct restaurant customers for pickup
orders may require a sign permit in compliance with Chapter 20 of the Implementing Zoning
Ordinance and shall be obtained prior to the installation of signage. Any restaurant pickup
order signage requiring a sign permit shall be included in the total maximum sign area allowed
for the associated tenant and is subject to a determination of Master Sign Program consistency
made by the Planning Manager.
30. Though Retail Building 3 does not meet the CRHR criteria or the Petaluma Designation criteria
for historic resources, the applicant is encouraged to retain its existing architectural style by
retaining its identifiable architectural features. This includes retaining a two-story
configuration, two-story timber posts, stepped parapets, vertical railings, and windows with
muntins.
31. 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. Form, size, and content shall be subject to the review and approval of the Planning
Manager;proof of installation shall be provided to the Planning Manager prior to the issuance
of a building permit.
32. The applicant shall defend, indemnify, and hold harmless the City or any of its boards,
commissions, agents, officers, and employees from any claim, action, or proceeding against
the City, its boards, commissions, agents, 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
applicants/developers of any such claim, action, or proceeding. The City shall coordinate 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 appellant shall
reimburse City for attorneys' fees by the City.
33. The applicant shall increase the overall number of ADA parking stalls to 12, subject to
verification by Planning at the time of building permit submittal. All ADA parking shall
comply with the design standards of Petaluma Municipal Code Section 6.10.040, subject to
Building Official review and approval.
'A Master Sign Program was concurrently reviewed by Planning Commission on August 22,2023 for the retail
campus at 5002 Petaluma Boulevard North. Where the approved SPAR resolution and the approved MSP resolution
conflict related to signage,the approved MSP resolution shall prevail.
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Attachment A August 22,2023
5002 Petaluma Boulevard North Retail Campus
34. The applicant shall convert the row of 17 parking stalls along the southern boundary of the site
identified during the Planning Commission hearing to landscape reserve areas pursuant to IZO
Section 11.070.J. The ratio of parking spaces that are paved/permeable or held in a landscape
reserve may be modified in response to an increase in parking demand resulting from a change
in land use, increase in on-site employment, future tenant improvements that would increase
commercial square footage or any other change that would increase or decrease parking
demand. Any request for conversion of landscape reserve area to surface parking shall be
supported by a parking demand analysis, subject to review and approval by the Planning
Director, demonstrating an increase in parking demand and that the site will continue to
provide the parking required by Section 11.060 & 11.070.J of the IZO.
35. The applicant shall add a tree to the interior parking lot landscape island located nearest to the
northwest corner of the restaurant building at the pedestrian walkway identified during the
Planning Commission hearing. The tree species shall be selected by a professional landscape
architect and be suitable for the planter, subject to review and approval of Planning at the time
of Building Permit submittal.
36. The applicant shall revise proposed tree plantings in order to achieve a minimum 60%
threshold of California native tree species for the proposed planting plan.The increase in native
trees proposed for planting shall specifically replace and reduce the number of Strawberry tree
and Crape myrtle species that are currently proposed. Native species shall be selected by a
certified arborist or professional landscape architect and must be located in suitable areas on-
site. Species selection(s) and planting location(s) are subject to review and approval of
Planning at the time of Building Permit submittal.
37. The applicant shall provide bike locker location(s) and detail(s) at the time of Building Permit
submittal to demonstrate compliance with IZO Section 11.090, subject to Planning review and
approval.
38. The applicant shall provide a contrasting pavement material for pedestrian crossings within
vehicle circulation areas, subject to review and approval of Planning at the time of Building
Permit submittal. Concrete would be an acceptable contrasting pavement material within
asphalt parking areas.
39. The applicant is encouraged to consider the use of rooftop photovoltaic panels throughout the
site on existing and proposed buildings and should consider installing carports that would
support rooftop photovoltaic panels over surface parking areas. Installation of rooftop
photovoltaic panels and/or carport structures are subject to review and approval by the Building
Division as well as any applicable Planning reviews.
Building Division
40. Construction work in a flood hazard area must comply with the Petaluma Zoning Code Chapter
6, FLOODWAY AND FLOOD PLAIN DISTRICTS.
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Attachment A August 22,2023
5002 Petaluma Boulevard North Retail Campus
41. 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.
42. Full plan submittal is required as applicable to project scope. Architectural, civil, structural,
mechanical, electrical, and plumbing systems are to be prepared by state licensed design
professionals. See City file preparations standards: Electronic File Preparation Standards -
Petaluma(cityofpetaluma.org).
43. Building permit construction documents are to include occupancy classifications, design
occupant load, general building area and height limitations, type of construction, and fire
sprinkler provisions data for each building on the subject parcel.Each separate building should
have a separate permit for construction.
44. The construction documents submitted with the application for permit shall be accompanied
by a site plan showing to scale the size and location of new construction and existing structures
on the site, distances from lot lines, the established street grades and the proposed finished
grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it
shall be drawn in accordance with an accurate boundary line survey. In the case of demolition,
the site plan shall show construction to be demolished and the location and size of existing
structures and construction that are to remain on the site or plot.
45. Effective June 16,2021,new buildings are required to have all electric construction as defined
in Petaluma Municipal Code 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.
46. 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. Current code adoption at time of
building permit application will govern construction requirements.
Public Works and Utilities
47. Issuance of a development permit for construction within Flood Plain-Combining Zone in
compliance with General Provisions contained in IZO Section 6.070 is required.
48. All improvements shall be accessible.
49. An existing 8" combo service (a fire line and tee off with water service) with 4 meters serves
the parcel. The existing single check back flow that serves the Cattlemens building will need
to be removed and replaced with a double check at the property line adjacent to Auto Center
Drive. A second double check will be required to provide fire service to the existing / new
buildings. A fire sprinkler permit, fire underground permit and encroachment permit will be
required as part of the Building Permit approval process.
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Attachment A August 22,2023
5002 Petaluma Boulevard North Retail Campus
50. Prior to final inspection, the applicant shall submit the following in accordance with PMC
Section 15.17.050. Please refer to the following sections of the PMC for detailed requirements
of each item:
a. PMC Section 15.17.050 (C)(3): Soil Management Report.
b. PMC Section 15.17.050 (D)(1-3): Certificate of Completion to include the following
attachments:
• Certification by either the signer of the landscape design plan, the signer of the
irrigation design plan, or the licensed landscape contractor that the landscape project
has been installed per the approved landscape water use efficiency standards.
• Irrigation Schedule — shall be regulated by automatic irrigation controllers, applied
water should be the ETWU.
• Landscape and Irrigation Maintenance Schedule - including routine inspection,
adjustment and repair of irrigation system, fertilizing, pruning, weeding, etc.
• Landscape Irrigation Audit conducted by a certified landscape irrigation auditor.
Landscape audits shall not be conducted by the person who designed the landscape or
installed the landscape. Audit reports shall meet the criteria listed in Section 15.70.050
(D)(2)(c)•
51. 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.
52. A CLOMR- F submittal package shall be submitted to FEMA. An approved CLOMR is
required prior to Certificate of Occupancy.
53. The project shall comply with E.10 Construction Erosion and Sediment Control requirements:
with the building permit application,the applicant shall provide Notice of Intent documentation
as well as the Storm Water Pollution Prevention Plan (SWPPP) and erosion and sediment
control plan.
54. A pad elevation certification for new buildings is required prior to the issuance of a certificate
of occupancy.
55. All construction in the flood plain shall meet the applicable requirements of Chapter 6 of the
Implementing Zoning Ordinance (IZO), "Floodway and Flood Plain Districts":
https:Hcityofpetaluma.org/documents/implementing-zoning-ordinance/. The area is located in
the zero net fill area and the clearance above base 100-year flood elevation for finished floors
shall be a minimum of two feet.
56. Encroachment permit is required for all work within the public right of way or within a City
Utility Easement. An encroachment permit is required for the refacing of the applicant's sign
at the corner of Petaluma Boulevard North and Auto Center Drive. The City may revoke or
terminate the encroachment permit issued if the City determines to use the public right of way
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Attachment A August 22,2023
5002 Petaluma Boulevard North Retail Campus
for public purpose or if the City determines that the encroachment conflicts with the publics
prospective use of the public property.
57. Project is subject to wastewater capacity fees. Project is required to install a removal device
pursuant to PMC 15.48.130.
58. A construction-level geotechnical report is required with the building permit.
59. PMC Section 15.17.050(C)(4)(c)(3): A minimum of three-inch layer of mulch shall be applied
on all exposed soil surfaces of planting areas.
60. The applicant shall submit to the City a complete irrigation documentation package consisting
of all the required elements found in PMC Section 15.17.050(C)(5)(a,b,c). Per, PMC Section
15.17.050(C)(5)(c)(9-10): The irrigation design plan shall also contain:
• The following statement: "I have complied with the criteria of the ordinance and
applied them accordingly for the efficient use of water in the irrigation design plan";
and
• The signature of a licensed landscape architect, certified irrigation designer, licensed
landscape contractor, or any other person authorized to design an irrigation system.
61. Submit final, SCWA approved construction-level hydrology calculations with the subdivision
improvement plans and final parcel map applications per Sonoma County Water Agency
standards. Sonoma County Water Agency review and approval is required prior to the start of
construction.
62. The project shall be designed to accommodate sea level rise. The applicant shall submit a sea
level rise memo at the time of building permit submittal subject to review and approval by the
City Engineer.
63. Comply with E 12 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 E12 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 recorded prior to issuance of first certificate of occupancy.
64. Trash enclosures shall meet the requirements of Petaluma Site Plan Architectural Review
(SPAR) Appendix B located here:
https:Hstorag_e.googlegpis.com/proudcilL/petalumaeg/uploads/2020/04/SPAR-Appendix-B-
3.27.2020.pdf.
Trash enclosures shall have a hose bib within 15' of the enclosure, a floor drain connected to
the sewer system and a roof to prevent rain water from entering the sewer Systems.
Alternative designs may be proposed that may include the elimination of floor drains but
must be approved by public works on a case by case basis. Alternative designs must
demonstrate compliance the City's MS-4 storm water program and the BASMAA Post
Construction Control Manual by preventing run off from entering the City' storm drain
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Attachment A August 22,2023
5002 Petaluma Boulevard North Retail Campus
facilities and including best management practices (BMP's)which could include facilities
immediately adjacent to the enclosure to collect run off.
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