HomeMy WebLinkAboutPlanning Commission Resolution 2023-19 12/19/2023 DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E31OC299FEOF
PLANNING COMMISSION RESOLUTION NO. 2023-19
RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION
APPROVING SITE PLAN AND ARCHITECTURAL REVIEW AND ASSOCIATED
SMARTCODE WARRANTS FOR DEVELOPMENT OF THE SPIRIT LIVING GROUP
MIXED-USE COMMERCIAL AND RESIDENTIAL CARE FACILITY FOR THE
ELDERLY AS PART OF THE RIVERFRONT MIXED-USE PROJECT LOCATED AT
500 HOPPER STREET,APN 136-690-005, File No.: PLSR-2023-006
WHEREAS, on July 14,2014,the City Council adopted Resolution No. 2014-125 N.C.S.,
certifying an Environmental Impact Report (EIR) for the Riverfront Mixed-Use development,
including the development of the Spirit Living Group Project site on Lot 5 of the Phase 1
Riverfront Final Map located at APN 136-690-005 ("the Project"); and
WHEREAS, since approval of the Tentative Subdivision Map for the Riverfront Mixed-
Use development in July 2014, the City has granted phased Final Map approvals, mass grading
permits, Site Plan and Architectural Review (SPAR) approvals, infrastructure improvement
permits, and building permits to implement portions of the Riverfront Mixed-Use development,
and a 122-room hotel and approximately 100 single-family homes have been constructed and
occupied, approximately 12 single-family homes are under construction, and 50 townhouses have
SPAR approval and are in building plan check; and
WHEREAS, at its public meetings held on July 13, 2021, and November 9, 2021, the
Planning Commission held Study Sessions on conceptual development plans presented by the
applicant that included the development of a Residential Care Facility for the Elderly (RCFE) on
Lots 5 and 6 of the Phase 1 Riverfront Final Map and provided non-binding input on the conceptual
plans; and
WHEREAS, at its November 9, 2021 Study Session, the Planning Commission
determined that although not included in the list of allowed uses in the SmartCode, RCFE is an
allowed use in the T6 zoning district when located above the ground-floor with only ancillary
support uses on the ground-floor finding pursuant to SmartCode section 8.10.020(G)(1) that: (a)
the characteristics and activities associated with RCFE are similar to residential uses allowed
above the ground-floor in the T6 zone and RCFE do not involve greater intensity than other uses
listed in the T6 zone, (b) RCFE is consistent with the purposes of the T6 zone when developed in
a vertical mixed-use configuration with ground-floor spaces that are pedestrian oriented with
commercial, service, and residential uses on the upper floors, (c) RCFE above the ground floor in
the T6 zone is consistent with the General Plan and the SmartCode, (d) RCFE is compatible with
other uses allowed in the T6 zone including residential dwellings,commercial services,retail shops
and other uses in a vibrant urban core, and (e) RCFE is not listed as an allowed use in another
transect zone; and
WHEREAS, on May 17, 2022, Spirit Living Group submitted formal applications to the
City of Petaluma for Site Plan and Architectural Review (SPAR) for development of Lot 5 and
Lot 6 of Phase 1 of the Riverfront Final Map with a four-story, 78,768 square foot mixed-use
building consisting of six work/live units on the ground floor, and a RCFE on the second through
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E31OC299FEOF
Spirit Living Group Mixed Use Commercial and RCFE December 19,2023
fourth floors with at total of 106 units on Lot 5 and a four-story, 133,353 square foot mixed-use
building with 13 work/live units on the ground floor and 120 apartments on the second through
fourth floors on Lot 6; and
WHEREAS,the City prepared an Addendum to the certified Final Environmental impact
Report for the Riverfront Mixed-Use development to analyze the potential environmental
consequences of the Spirit Living Group proposal submitted on May 17, 2022; and
WHEREAS,in February 2023, Spirit Living withdrew the application it submitted in May
2022 for the development of Lots 5 and 6, and on June 2, 2023, Spirit Living filed new land use
applications to the City of Petaluma for Site Plan and Architectural Review (SPAR) for
development of Lot 5 only with a 73,509-square foot, four-story,mixed-use building consisting of
ground floor commercial space and amenities for a Residential Care Facility for the Elderly and a
106-unit Residential Care Facility for the Elderly on the second through fourth floors, and
including a request for SmartCode Warrants to allow modification of the SmartCode standards for
parking and building width; and
WHEREAS, at its July 25, 2023 meeting, the Planning Commission held a duly noticed
public hearing to consider the Project,and after considering public input,the Planning Commission
continued the hearing on the Project to a date uncertain to allow the applicant to prepare revisions
to the project to address Planning Commission input; and
WHEREAS, the applicant submitted revised plans on October 16, 2023 and at its
December 19, 2023 meeting, the Planning Commission held a duly noticed public hearing to
consider the Project, at which time all interested parties had the opportunity to be heard and the
Planning Commission considered the Staff Report dated December 19, 2023 and all public
testimony provided prior to and at the public hearing.
WHEREAS,public notice of the December 19, 2023, Planning Commission hearing was
published in the Petaluma Argus-Courier, mailed to residents and occupants within 1000 feet of
the Project site, and a 32-square foot sign was posted on the site in compliance with state and local
law; and
NOW THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF PETALUMA AS FOLLOWS:
1. Finds that 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 finds as follows:
California Environmental Quality
a. There is no substantial evidence in the record as a whole, including the Project
applications and technical studies, that the proposed changes to the previously
approved Riverfront Mixed-Use Project will have a significant effect on the
environment.
Planning Commission Resolution No.2023-19 Page 2 of 9
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E31OC299FEOF
Spirit Living Group Mixed Use Commercial and RCFE December 19,2023
b. The Project will not result in any new or additional significant adverse impacts that
were not previously identified or analyzed, nor will the Project increase the severity of
any impacts previously identified in the Riverfront Mixed-Use Project EIR (SCH No.
2013062004).
c. An addendum is the proper and appropriate environmental document for the Project in
accordance with the provisions of the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.)
d. The Project will not result in substantial changes that would lead to the identification
of new or previously unidentified significant environmental effects that would require
revisions of the Final EIR certified for the Riverfront Mixed-Use project.
e. No new information of substantial importance which was not known, and could not
have been known with the exercise of reasonable diligence at the time the Riverfront
Mixed-Use Final EIR was certified has been discovered which would require revisions
of the previously certified EIR and the addendum document addresses impact
categories that warrant an update to clarify the Project modifications and most recent
environmental setting.
f. Furthermore, there are no previously infeasible alternatives that are now considered
feasible and no new mitigation measures considerably different than those previously
analyzed that would reduce one or more significant effects. Furthermore, none of the
other factors set forth in CEQA Guidelines Section 15162(a)(3) apply to the Project.
g. The Addendum to the Final EIR for the Riverfront Mixed-Use project, attached to the
concurrent staff report as Exhibit B, is complete, adequate and in full compliance with
CEQA as a basis for considering and acting upon the Project. The Addendum has been
prepared as required by law and the document as adopted reflects the independent
judgement and analysis of the City of Petaluma, which has exercised overall control
and direction of its preparation.
h. Therefore, no further analysis under the California Environmental Quality Act is
required and the relevant Mitigation Measures have been carried forward and apply to
the Project.
General Plan
a. The Project is consistent with the City of Petaluma General Plan 2025 and the Central
Petaluma Specific Plan Mixed-Use land use designation in that commercial and RCFE
are principally permitted uses on the Project site, as determined through findings
pursuant to SmartCode 8.10.020(G)(1), and implement, with modifications, a
previously approved component of the Riverfront Mixed-use project which collectively
create a mixed-use development consistent with the Mixed-Use General Plan land use
designation.
b. For the following reasons and subject to conditions of approval,the Project is consistent
Planning Commission Resolution No.2023-19 Page 3 of 9
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E31OC299FEOF
Spirit Living Group Mixed Use Commercial and RCFE December 19,2023
with applicable General Plan policies:
i. Policy 1-P-2 states, "Use land efficiently by promoting infill development, at equal
or higher density and intensity than surrounding uses."The proposed project is infill
development within the UGB and within the development intensity criteria
specified in the Smart Code. The height and floor area of the proposed project is
similar to the height and floor area of the adjacent Courtyard Marriott Hotel and the
Project has a higher floor area ratio than surrounding uses.
ii. Policy 1-P-6 states, "Encourage mixed-use development, which include
opportunities for increased transit access." Riverfront Mixed-Use development
includes a mix of commercial, residential, and recreational uses within walking
distance of the Downtown SMART Station and bus stops (at Lakeville
Street/Caulfield Lane). The proposed project consists of commercial uses and a
RCFE in the center of the Riverfront Mix-use project near planned bus stops and
includes a van to shuttle employees to and from the SMART station.
iii. Policy 5-P-23 states, "Require the provision of pedestrian site access for all new
development."Pedestrian access is provided to the proposed project along existing
and proposed sidewalks throughout the Riverfront Mixed-Use project, and with a
pedestrian breezeway to provide convenient access through the Project site between
the Central Green on the east side of the Project and the play fields and tot lot on
the west side of the Project.
iv. Policy 5-P-31 states, "Make bicycling and walking more desirable by providing or
requiring development to provide necessary support facilities throughout the city.
Require projects subject to discretionary approval to install public benches where
appropriate." As noted above, there are multiple pedestrian access points to the
project site. In addition, bicycle parking is provided in a secure and enclosed bike
storage room on the ground floor of the building; a bike repair station and bike rack
are provided along the Class 1 multi-use path at the east of the overall Riverfront
Project; sidewalks, street trees, and public seating will be provided as a condition
of approval in front of the building; and benches are provided in the Central Green
and Riverfront Park and along the Class 1 trail along the perimeter of the Riverfront
development.
v. Policy 9-P-12 states,"Maintain and expand Downtown as a hub of commercial and
retail activity with residential opportunities." The project will provide 106 units in
proximity to Downtown and, in doing so, will facilitate patronage as directed by
this policy. Furthermore, the project provides on-site commercial space to serve
the needs of the immediate Riverfront community.
vi. Housing Element Policy 1.3 states: "Encourage infill housing development with a
particular focus on facilitating development near transit and services to support City
climate goals." The proposed development will provide infill housing within one
mile of the SMART station.
Planning Commission Resolution No.2023-19 Page 4 of 9
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E310C299FEOF
Spirit Living Group Mixed Use Commercial and RCFE December 19,2023
vii. Housing Element Policy 1.4 states: "Establish flexibility in the City's standards and
regulations to encourage a variety of housing types, including mixed-use and
flexible-use buildings, and affordable housing development."The Project provides
housing and services for seniors in a mixed-use building.
viii. Housing Element Policy 1.5 states: Encourage the efficient use of residential and
mixed-use land by facilitating development at the upper end of the density range."
The Project is a four-story building at the upper end of the density range with a
floor area ratio of 2.39:1.
ix. Housing Element Policy 5.4 states: "Promote the construction and maintenance of
housing for the elderly and provide housing choices to allow older residents to age
in place."The Project includes housing with a range of services for seniors that live
independently through those that require memory care and assistance with the
activities of daily living.
x. Housing Element Policy 5.5 states: "Promote the development of housing that is
designed to accommodate the needs of persons with disabilities, including
supportive housing with on- or off-site services."The Project provides housing for
seniors, including those with disabilities.
Central Petaluma Specific Plan
For the reasons described in the December 19, 2023, Planning Commission Staff Report,
and subject to conditions of approval, the Project is consistent with the goals, objectives,
and policies of the Central Petaluma Specific Plan.
Subject to conditions of approval and as warranted below for a parking reduction and
excess building width, the Project is consistent with all applicable development standards
of the General Urban(T6)District of the 2013 Smart Code, including but not limited to lot
coverage,setbacks,frontage type,frontage length,height,landscaping,location of parking,
quality of building materials, and environmentally sustainable design, and applicable
sections of the Implementing Zoning Ordinance.
Warrants
SmartCode Section 8.10.020.H—Warrants.
i. Excess Building Width—the approximately 323-foot overall building width is warranted
in that the mass and scale of the building facade are broken into smaller elements, each
ranging in width from approximately 25 feet to approximately 75 feet, with recessed
elements between the building masses which have the effect of visually breaking up
the long overall length of the building and thereby meeting the intent of the SmartCode
is to ensure development reinforces the existing character and scale of the city's
neighborhoods and downtown. Furthermore,the overall width of the building includes
the sections of the building which follow the curves of the street at both the northerly
and southerly ends of the building and which cannot be seen from any one vantage
point on the sidewalk or street fronting the building. Excluding the portions of the
Planning Commission Resolution No.2023-19 Page 5 of 9
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E310C299FEOF
Spirit Living Group Mixed Use Commercial and RCFE December 19,2023
building beyond the outside corners in the curves of the building, the building's width
is approximately 218 feet wide. Accordingly,the intent of the SmartCode is met by the
justifications for this warrant.
Parking Reduction — The project generates a demand for 41 parking spaces, and 32
spaces are provided, with 22 spaces on-site and 10 spaces on the Project's street
frontage. According to the W-Trans Focused Transportation Study, dated July 11,
2023, there are 63 street parking spaces within 300 feet of the north and west sides of
the Project site. During the peak parking demand of the uses on which the 63
surrounding parking spaces front (Courtyard Marriott hotel, the office building
proposed next to the hotel, and the playfields), 27 of the 63 street parking spaces (in
addition to the on-site parking for these uses) would be occupied leaving a surplus of
36 street parking spaces of which nine would be needed for the proposed project.
Therefore, there is an adequate parking supply to meet the needs of the project as
proposed, and approval of the parking reduction is justified.
Implementing Zoning Ordinance
The project is consistent with Implementing Zoning Ordinance §24.050 — Site Plan and
Architectural Review, in that the Planning Commission finds the Project meets the
standards for Site Plan and Architectural Review 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.As designed,the project
uses corrugated metal, stucco, wood panels, wood-formed concrete, and anodized
storefronts. The main mass of the building, proportion of the building elements, the
size and placement of windows, and the building projections are in harmony and in
proportion with the overall building design.
a. The architectural style is appropriate for the project, and compatible with the
character of the neighborhood. Contemporary building architecture is proposed,
and it has design elements,building mass, and scale which is consistent with the
mass, scale, and contemporary design elements of the four-story Courtyard
Marriott hotel to the east of the project and adds to the diversity of the traditional
architecture and smaller scale of the single-family homes to the south of the
project.
The design choices are appropriate in that they provide visual interest to the
streetscape, are sufficiently varied to avoid a cookie-cutter appearance and
achieve a primary objective of the Riverfront project to create a pedestrian
friendly environment with activated storefronts.
b. The siting of the structure on the property is appropriate for the site and as
compared to the siting of other structures in the neighborhood. The proposed
mixed-use building is consistent with the standards of the SmartCode for siting
structures in the T6 zone at the street-front property line with floor-to-ceiling
glass at the shopfronts to encourage pedestrian interaction.
Planning Commission Resolution No.2023-19 Page 6 of 9
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E31OC299FEOF
Spirit Living Group Mixed Use Commercial and RCFE December 19,2023
c. The size, location, design, color,number, lighting, and materials of all signs and
outdoor advertising structures will be considered if signs are proposed and when
a sign permit application is submitted.
d. The bulk,height, and color of the proposed structures is appropriate as compared
to the bulk, height, and color of other structures in the neighborhood. A four-
story, 73,800-square foot Courtyard Marriott hotel was recently constructed on
the site to the north across Caulfield Lane Extension. To the south two-story
single-family homes ranging from approximately 2,300 square feet to 2,700
square feet are being constructed in the Northbank subdivision. The hotel ranges
in height from 48 feet to 53 feet and the single-family homes are 25 feet to 32
feet tall. The exterior colors of the hotel are grey and brown with burnt orange
accents and the color palette for the single-family homes include reds, creams,
blues, and tans.
e. The proposed mixed-use building is in the T6 zone where the minimum allowed
building height is three stories and the maximum allowed is 6 stories. The
building has 73,832 square feet, almost identical to the floor area of the adjacent
hotel and is 55 feet tall (two feet taller than the hotel). Exterior colors and
materials consist of green corrugated metal siding, white and dark gray stucco,
brown wood panels and horizontal board-formed concrete. As proposed, the
bulk,height and colors of the Spirit Living building will be compatible with both
the hotel structure and the single-family homes in the Northbank subdivision.
The proposed building will not loom over the single-family homes, and it will
be consistent with the size and mass of the hotel.
ii. Landscaping in accordance with applicable City standards and that is appropriate
for the site and compatible with the character or design of the neighborhood is
provided on the site. Existing trees shall be preserved wherever possible and shall
not be removed unless approved by the Planning Commission.
Landscaping consists of street trees in the public right-of-way fronting the project
site,raised planters along the building frontage and in the breezeway and landscape
screening at the columns between the tuck-under parking spaces along the alley.
There are no existing trees on the project site. Street trees were reviewed and
approved with Tree Advisory Committee approval for the Riverfront project.
iii. Ingress, egress, internal circulation for bicycles and automobiles, off-street
automobiles,bicycle parking facilities, and pedestrian ways shall be so designed as
to promote safety and convenience and shall conform to approved City standards.
Any plans pertaining to pedestrian, bicycle, or automobile circulation shall be
routed to the Pedestrian Bicycle Advisory Committee (PBAC) for review and
approval or recommendation.
As a part of the Tentative Map process for the Riverfront project, the circulation
system was reviewed and approved for the entire Riverfront project, including the
subject project site. The pedestrian, bicycle and automobile circulation plan
Planning Commission Resolution No.2023-19 Page 7 of 9
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E310C299FEOF
Spirit Living Group Mixed Use Commercial and RCFE December 19,2023
included with the subject proposal is substantially consistent with the plan reviewed
and approved by the City Council during the Tentative Map stage of the project and
which was found to promote safety and convenience.
iv. The project was professionally designed by a CA licensed architect and is of good
character and quality. It incorporates input provided through neighborhood
meetings and Planning Commission study sessions and public hearings.
v. A Final Environmental Impact Report (EIR) was prepared and certified (City
Council Resolution 2014-125) and a Mitigation Monitoring and Reporting Plan
(City Council Resolution 2014-126) was adopted for the Riverfront project. As
there are changes to the proposed project from the project analyzed in the Riverfront
EIR, an addendum to the EIR was prepared in accordance with Section 15164 of
the California Environmental Quality Act(CEQA) Guidelines.
An analysis of the environmental impacts of the Project found that the Project
would not result in any new or more severe environmental impacts as compared
to impacts previously identified for the site, and no further environmental review
beyond the addendum is warranted.
vi. The proposed structure and use will not constitute a nuisance or be detrimental to
the public welfare of the community as it conforms with the applicable
requirements of the Implementing Zoning Ordinance and applicable policies and
programs of the Petaluma General Plan, the Central Petaluma Specific Plan, the
Riverfront Tentative Subdivision Map, and the Final EIR for the Riverfront
Project.
3. Based on its review of the entire record herein,including the December 19,2023,Planning
Commission Staff Report, all supporting referenced and incorporated documents,
including the July 2023 (modified November 2023) Addendum to the Riverfront Mixed-
Use Project EIR, and all comments received and foregoing findings, the Planning
Commission hereby approves Site Plan and Architectural Review and associated
SmartCode Warrants for the Project, subject to the conditions of approval attached hereto
as Exhibit 1.
Planning Commission Resolution No.2023-19 Page 8 of 9
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E31OC299FEOF
Spirit Living Group Mixed Use Commercial and RCFE December 19,2023
ADOPTED this 19"day of December 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
Mozes X
EtuSllsad by:
hbptr 1/17/2024
Blake Hooper, Chair
ATTEST: APPROVED AS TO FORM:
DocuSigned by: DocuSigned by:
�Q.�drti«. 7--;-P 6 1/17/2024 L 'Lto-h1/17/202411111 . B
Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney
Planning Commission Resolution No.2023-19 Page 9 of 9
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E31OC299FEOF
ATTACHMENT A: Exhibit 1
EXHIBIT 1
Site Plan and Architectural Review and SmartCode Warrants
CONDITIONS OF APPROVAL
Spirit Living Mixed-Use Project at Riverfront
Located at 500 Hopper Street
APN: 136-690-005
File No. PLSR 2023-006
Standard Conditions of Approval
Planning Division
1. Plans submitted to the City of Petaluma for purposes of construction shall be in substantial
conformance with the plans on file with the Planning Division October 16, 2023, except as
modified by these conditions of approval.
2. At building permit issuance, the applicant shall provide the City with an electronic copy of
final/approved construction documents in portable document(PDF) format.
3. Prior to the issuance of any construction permits, these conditions of approval, the conditions
of approval of the Riverfront Tentative Map and the MMRP of the Riverfront EIR shall be
included with the plan set. A copy of the approved plans shall be maintained on-site when
construction activities are occurring.
4. Prior to building permit issuance, all applicable development impact fees shall be paid.
5. At all times the site shall be kept cleared of garbage and debris.
6. The project shall comply with all performance standards of Implementing Zoning Ordinance
Chapter 21 unless addressed in the Conditions of Approval of the Riverfront Tentative
Subdivision Map or in the Mitigation Measures of the Riverfront EIR, in which case the
Riverfront COAs and Mitigation Measures shall govern.
7. 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 plant materials to
insure continued compliance with applicable landscaping requirements. Required irrigation
systems shall be fully maintained in sound operating condition with heads periodically cleaned
and replaced when missing to insure continued regular watering of landscape areas, and health
and vitality of landscape materials.
8. 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 fully
commit to Integrated Pest Management techniques for the protection of bicyclists and
pedestrians.
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E31OC299FEOF
Attachment A:Exhibit 1 December 19,2023
Spirit Living Group Mixed Use Commercial and RCFE
9. No signage is approved by this permit. Separate sign permits in compliance with the Smart
Code or Chapter 20 of the Implementing Zoning Ordinance, as applicable, shall be obtained
prior to the installation of signage.
10. Prior to commencing construction activities, a sign 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 construction commencing.
11. All standpipes, check valves, and other utilities shall be placed underground or fully screened
from view by decorative screening structures or landscaping to be reviewed and approved by
the Planning Manager.
12. 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.
13. All applicable Conditions of Approval of the Riverfront Tentative Subdivision Map and the
mitigation measures of Resolution No. 2014-125 N.C.S. certifying the Riverfront Mixed-Use
development Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting
Program (MMRP) (herein "Riverfront Approvals") are incorporated by reference and made
conditions of approval. In the event there is a conflict between the Riverfront Approvals and
these conditions, the more restrictive shall govern.
14. 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.
Special Conditions of Approval
Planning Division
15. Recommendations of the March 8,2023,Illingworth and Rodkin acoustical report to attenuate
noise shall be implemented.
16. Prior to certificate of occupancy, benches and trash and recycling receptacles to match those
installed in the Central Green shall be installed on the sidewalk along the project frontage. The
number and location of the benches and receptacles is subject to review and approval of the
Planning Manager.
2
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E31OC299FEOF
Attachment A:Exhibit 1 December 19,2023
Spirit Living Group Mixed Use Commercial and RCFE
17. Prior to issuance of grading/building permits, the applicant shall revise the landscape plans to
specify the number and species of plant proposed and to provide detailed specification on the
planter boxes and pots. The selection of plant material, planter boxes and pots is subject to
review and approval of the Planning Manager.
18. 110 volt electrical outlets shall be provided for in the bicycle storage room for convenient
charging of E-bicycles.
19. Prior to issuance of a grading/building permit, the applicant shall provide a lighting plan for
planning staff reviewing and approval. The lighting plan shall include exterior light locations
and details of the proposed fixture type and brightness (lumens). All lighting shall be glare-
free, hooded, and downcast in order to prevent light pollution and glare into bicyclists' and
pedestrians' eyes.
20. The applicant shall be subject to any fees in effect at time of building permit issuance. Said
fees are due at time of issuance of building permit at which time, other pertinent fees that are
applicable to the proposed project will be required.
21. A refuse removal access plan and refuse removal schedule with written confirmation from
waste removal provider(Recology) is recommended.
22. A vinyl window option that is documented to be produced in an environmentally responsible
manner, demonstrates increased longevity, and may exhibit reduced flammability, consistent
with a non-vinyl window product, may be allowed subject to review and approval by the
Planning Manager.
23. A passenger loading zone shall be established on Caulfield Lane in close proximity to the
building's primary entrance, subject to approval by the City Engineer.
24. Subject to the decision and approval of the City Engineer, the project applicant shall design
and implement an enhanced pedestrian crossing between the project site and the Central
Green.
25. Bicycle storage shall be adequate for bicycle alternatives such as tricycles, subject to review
and approval by the Planning Manager.
26. All exterior lighting shall be full cut-off lighting such that no light is emitted at or above an
angle of 90 degrees from the nadir(horizontal plane). All other applicable lighting
regulations shall be applied.
27. The project shall install at least four(04) EV parking spaces.
28. The project shall provide a minimum of three (03)ADA parking spaces onsite or in the
abutting public right of way, in compliance with the Building Code.
3
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E31OC299FEOF
Attachment A:Exhibit 1 December 19,2023
Spirit Living Group Mixed Use Commercial and RCFE
29. All commercial delivery activity shall take place in the rear of the building utilizing alleyway
access.
30. Internal circulation and access to ground floor elevators shall be improved, subject to Fire
Marshal and Chief Building Official approvals.
31. Pursuant to the authority granted by IZO Section 18.100, the public art requirement shall be
implemented within the Riverfront community, subject to applicable regulations governing
review and approval by the Petaluma Public Art Committee.
32. Recommend collaboration with the Senior Advisory Committee and City Parks to augment
the existing tot lot adjacent to the project site in order to provide adult recreation equipment.
Building Department
33. The 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.
a. Full plan submittal is required as applicable to project scope. Architectural, civil,
structural, mechanical, electrical, and plumbing system drawings are to are to be
prepared and signed by the state licensed professional responsible for their
preparation. See City file preparations standards: Electronic File Preparation
Standards -Petaluma(cityofpetaluma.org).
b. 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
parcels.
c. Identify request for deferred submittals on the cover sheet of construction
documents. Typical approved deferrals include fire protection drawings or
manufactured product shop drawing specifications. The applicant shall submit a
statement of special inspections in accordance with 107.1 Chapter 1, Division II,
as a condition for permit issuance. This statement shall be in accordance with
Section 1704.3. Identify special inspections required for structural and code
compliance. Please specify special inspector(s) on this form:
https:Hcityofpetaluma.org/documents/special-inspection-and-testing-procedure/
34. 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.
4
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E31OC299FEOF
Attachment A:Exhibit 1 December 19,2023
Spirit Living Group Mixed Use Commercial and RCFE
35. For the 2022 Building Standards Code cycle effective January 2023, the City of Petaluma has
adopted CalGreen at the Tier 1 level, with the exception of Energy Efficiency, which is
adopted at the mandatory level only. Applicable requirements for both Nonresidential and
Residential standards are applicable. For example, Tier 1 EV charging requirements for new
multifamily construction include the following:
a. EV Ready: 35 percent of the total number of parking spaces to be equipped with
low power Level 2 EV charging receptacles.
b. EV Chargers: 10 percent of the total number of parking spaces to be equipped
with Level 2 EVSE. At least one charger to be located in the common use parking
area for use by all residents.
36. The City of Petaluma has adopted a Universal Access and Visitability Ordinance effective
April 20, 2022, applicable to new dwellings. Universal access will require 30% of the new
dwellings, in developments of 5 or more, to have specified access features.
37. 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 I IA and I I for this project on
construction documents submitted for permit.
38. Include compliance with CBC Chapter 32 regarding encroachments into the public right-of-
way. Indicate appropriate roof drainage details to indicate storm water from roof elements
will not cross public walkways. Indicate compliance of building elements where
encroachment beyond the property line is proposed.
Department of Public Works and Utilities
39. Install driveway approach as per current Americans with Disabilities Act(ADA)requirements.
40. ADA access ramps shall be in accordance with City standards and the latest edition of the
Caltrans Standard Plans and Specifications.
41. 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.
A subdivision improvement agreement package is required prior to approval of the final map
and subdivision improvement plans. A building permit is required for on-site grading, utility
and drainage improvement work. All subdivision improvements shall be completed and
accepted by the City, including on-site improvements,prior to issuance of 85% of certificates
of occupancy.
42. The owner and contractor are responsible to perform Erosion Prevention and Sediment
Control in accordance with chapters 15.80 and 17.31 of the City's Municipal Code and
other applicable City of Petaluma regulations, and section 20 of the Caltrans Standard
Specifications. Please submit the Construction Erosion and Sediment Control Plan
Application Package. See Link:
5
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E31OC299FEOF
Attachment A:Exhibit 1 December 19,2023
Spirit Living Group Mixed Use Commercial and RCFE
https:Hstorage.googleapis.com/proudcity/petalumaca/uploads/40d8a6dI-construction-
erosion-sediment-control-plan-applicant-package.pdf
43. Provide documentation that the storm water runoff area calculation is already provided in
previously approved E.12 Report. Provide a copy for the permit.
44. A construction level geotechnical report is required with the subdivision improvement
plan.
45. Joint Trench plans shall be submitted and approved by the City prior to starting under
grounding of dry utilities.
46. If applicable, any project with a landscape area of 500 square feet or greater shall submit
to the City a complete landscape and irrigation documentation package consisting of all
the required elements found in the Landscape Water Use Efficiency Standards located in
the Petaluma Municipal Code (PMC) Section 15.17.050.
47. A pad certification is required prior to issuance of a certificate of occupancy.
48. A pre-construction meeting with City staff and the applicant's construction team is
required prior to the start of any construction.
49. Prior to the issuance of 80 percent of certificates of occupancy, City Standard Frontage
improvements shall be installed and accepted.
Fire Department
50. Where the vertical distance between the grade plane and the highest roof surface exceeds 30
feet, an approved aerial fire apparatus access road shall be provided. For this section, the
highest roof surface shall be determined by measurement to the eave of a pitched roof, the
intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater.
CFC Appendix D 105.1
51. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet,
exclusive of shoulders in the immediate vicinity of the building or portion thereof. CFC D 105.2
52. The required turning radius of a fire apparatus access road shall be determined by the fire code
official.
53. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall
be 26 feet, exclusive of shoulders. CFC D 103.1
54. Where fire apparatus access roads or a water supply for fire protection are required to be
installed, such protection are required to be installed, such protection shall be installed and
made serviceable prior to and during the time of construction except when approved alternative
methods of protection are provided. Temporary street signs shall be installed at each street
6
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E31OC299FEOF
Attachment A:Exhibit 1 December 19,2023
Spirit Living Group Mixed Use Commercial and RCFE
intersection where construction of new roadways allows passage by vehicles in accordance
with section 505.2. CFC 501.4
a. Prior to bringing combustible building products onsite; fire hydrants will need to be fully
functional and roads will need to be in good condition and able to support the weight of a fire
engine in all weather conditions. Approval from the Fire Marshal and City Engineer will be
required in advance of bringing combustibles onsite.
55. Where required by the fire code official, approved signs or other approved notices or markings
that include the words NO PARKING-FIRE LANE shall be provided for fire apparatus access
roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes
are designate shall be maintained in a clean and legible condition at all times and be replaced
or repaired when necessary to provide adequate visibility. CFC 503.3
a. All required fire lanes will require "No Parking Fire Lane" signs with locations to be
determined as this project progresses.
56. Approved fire apparatus access road shall be provided for every facility, building or portion
of a building hereafter construction or move into or within the jurisdiction. The fire apparatus
access road shall comply with the requirements of this section and shall extend to within 150
feet of all portions of the facility and all portions of the exterior walls of the first story of the
building as measured by an approved route around the exterior of the building or facility. CFC
503.1.1
57. When access to or within a structure or area is determined by the Fire Code Official to be
unduly difficulty because of secured openings (doors or gates) or due to the presence of
hazardous materials or fire protection systems, a key box shall be required to be installed at an
accessible location. The key box shall be an approved type and contain those keys necessary
to gain access. PMC 17.20 506.1
a. Knox key box locations to be determined by the fire code official.
58. The Fire-flow calculation area shall be the total floor area of all floor levels within the exterior
walls, and under the horizontal projections of the roof of a building. CFC B 104.3
a. Minimum fire flow for buildings shall be calculated as specified in the 2016 California Fire
Code Appendix B, "Fire Flow Requirements for Buildings," as amended by Petaluma
Municipal Code.
b. The type of fire line coming into this development will need to be reviewed with the City
Engineer. We expect it will be a"looped"water line for this size development.
59. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided
throughout all buildings with a group R fire area. CFC 903.2.8
a. Installation the fire sprinkler system requires approved plans and permit from the Fire
Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit
application with three (3) sets of plans, cut sheets, and calculations. This system must
comply with NFPA 13.
60. A manual fire alarm system that activates the occupant notification system in accordance with
Section 907.5 shall be installed in Group R-2 occupancies where any of the following
7
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E31OC299FEOF
Attachment A:Exhibit 1 December 19,2023
Spirit Living Group Mixed Use Commercial and RCFE
conditions apply: ... 1.Any dwelling unit or sleeping unit is located three or more stories above
the lowest level of exit discharge. CFC 907.2.9.1
a. Installation of the fire alarm system must be conducted with approved plans and permit
obtained from the Fire Prevention Bureau prior to work commencing. The fire alarm
submittal shall include a permit application with three (3) sets of plans, cut sheets, and
calculations for review. This system must comply with NFPA 72.
61. Water supplies for automatic sprinkler systems shall comply with this section and the standards
referenced in Section 903.3.1. The potable water supply shall be protected against backflow
in accordance with Health and Safety Code 13114.7. For connections to public waterworks
systems, the water supply test used for design of fire protection systems shall be adjusted to
account for seasonal and daily pressure fluctuations based on information from the water
supply authority and as approve by the fire code official. CFC 903.3.5.
a. Installation the fire service underground requires separate approved plans and permit from
the Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit
a permit application with three (3) sets of plans, cut sheets, and calculations. This system
must comply with NFPA 13 & 24.
62. 905.3. 1 Building Height. Class I standpipes shall be installed in buildings three stories or over
in height and/or if, in the opinion of the Fire Chief, a hazard or condition exists in which the
installation of standpipes would improve firefighting operations. Standpipes will be provided
with approved outlets provided on each floor level, including the roof when roof access is
provided. PMC 17.20 905.3.1
a. Installation of the standpipe system requires a separate approved plans and permit from
the Fire Prevention Bureau prior to work commencing. Standpipe system submittal shall
include a permit application with three (3) sets of plans, cut sheets, and calculations for
review. These systems shall comply with NFPA 14.
63. Portable fire extinguishers shall be installed in all of the following locations: 1. In new and
existing Group... A, B, I, R-1, R-2.1... occupancies. CFC 906.1
a. Portable extinguishers shall be installed and maintained in locations as required by
California Code of Regulations, Title 19, Division 1
64. New and existing buildings shall be provided with approved illuminated or other approved
means of address identification. The address identification shall be legible and placed in a
position that is visible from the street or road fronting the property. Address identification
characters shall contrast with their background. Address numbers shall be Arabic numerals or
alphabetic letters. Numbers shall not be spelled out. Character size and stroke shall be in
accordance with Section 505. 1. 1 through 505. 1. 2. Where required by the fire code official,
address identification shall be provided in additional approved locations to facilitate
emergency response in accordance with this code and Section 505. 1. 3. Where access is by
means of a private road and the building cannot be viewed from the public way or when
determined by the fire code official, a monument,pole, or other approved sign or means shall
be used to identify the structure. Address identification shall be maintained. PMC 17.20 505.1
65. Each address identification character shall not be less than twelve inches ( 12") high with a
minimum stroke width of one inch( I"). Suite and unit directional numbers shall be not less
8
DocuSign Envelope ID: 17A7D89F-5282-4E13-93A9-E31OC299FEOF
Attachment A:Exhibit 1 December 19,2023
Spirit Living Group Mixed Use Commercial and RCFE
than six inches ( 6") in height with a minimum stroke width of three- quarter inch( 0. 75").
Individual unit numbers shall not be less than four inches(4")in height with a minimum stroke
width of one-half inch ('/2"). PMC 17.20 505.1.2
66. Where two (2) or more buildings cannot be viewed from the public way or when determined
by the Fire Code Official,an approved illuminated complex directory,monument pole,or other
approved sign or means shall be used to identify the structures at the main entrances to the
property. PMC 17.20 505.1.3
67. Approved in-building,two-way emergency responder communication coverage for emergency
responders shall be provided in all new buildings. In-building, two-way emergency responder
communication coverage within the building shall be based on the existing coverage levels of
the public safety communication systems utilized by the jurisdiction, measured at the exterior
of the building. This section shall not require improvement of the existing public safety
communication systems. CFC 510.
Exceptions:
a. Where approved by the building official and the fire code official, a wired
communication system in accordance with Section 907.2.13.2 shall be permitted to
be installed or maintained instead of an approved radio coverage system.
b. Where it is determined by the fire code official that the radio coverage system is
not needed.
c. In facilities where emergency responder radio coverage is required and such
systems, components or equipment required could have a negative impact on the
normal operations of that facility, the fire code official shall have the authority to
accept an automatically activated emergency responder radio coverage system.
68. In buildings of combustible construction required to have automatic sprinkler system by
section 903, automatic sprinkler system shall be installed prior to construction exceeding 40
feet in height above the lowest level of fire department vehicle access. Such automatic sprinkler
system shall be extended as construction progresses to within one floor of the highest point of
construction having secured decking or flooring. PMC 17.20 3314.1
9