HomeMy WebLinkAboutPlanning Commission Resolution 2023-20 11/14/2023 Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
RESOLUTION NO. 2023-20
RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING
THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION (MND) AND
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE DOWNTOWN
HOUSING & ECONOMIC OPPORTUNITY OVERLAY AND EKN APPELLATION HOTEL
PROJECT LOCATED WITHIN DOWNTOWN PETALUMA AND PARTIALLY WITHIN THE
DOWNTOWN COMMERCIAL HISTORIC DISTRICT (OVERLAY); AND 2 PETALUMA
BOULEVARD SOUTH(HOTEL)ASSESSOR PARCEL NUMBERS: 008-063-008; 008-063-009; 008-063-
011; FILE NO. OVERLAY: PLGP-2023-0001 AND PLZA-2023-0002; HOTEL: PLSR-2022-0017
WHEREAS,Mike Jolly of EKN Development Group, submitted an application for Historic Site Plan and
Architectural Review (HSPAR), and Conditional Use Permit (CUP) for the EKN Appellation Hotel (formerly
Hotel Weaver)project; and
WHEREAS, the EKN Appellation Hotel project proposes construction of a 6-story, 93-room hotel that
would include a below-grade parking garage with valet parking for 58 vehicles, food service uses on the ground
floor and a rooftop event space and bar; and
WHEREAS,based on the proposed height, lot coverage, and floor area ratio (FAR), the proposed Hotel
also requires a General Plan Amendment(GPA),Zoning Map Amendment(ZMA), and Zoning Text Amendment
(ZTA); and
WHEREAS, the City of Petaluma conducted publicly noticed study sessions on June 13, 2023, August
8,2023,and October 3,2023,to develop the scope and content of a Downtown Housing&Economic Opportunity
Overlay, which would apply amendments to the General Plan and Implementing Zoning Ordinance, initiated as
a result of the EKN Appellation Hotel project, to three areas within downtown Petaluma, referred to as Subareas
A, B, and C; and
WHEREAS,the proposed Downtown Housing & Economic Opportunity Overlay and EKN Appellation
Hotel are subject to the Petaluma General Plan 2025, adopted by the City Council on May 19, 2008; and
WHEREAS,the General Plan EIR reviewed potentially significant environmental effects resulting from
plan implementation and developed measures and policies to mitigate impacts; and
WHEREAS, despite incorporation of measures and polices to mitigate impacts of build out under the
General Plan, the General Plan EIR identified significant and unavoidable impacts related to traffic, noise, air
quality, and greenhouse gas emissions; and
WHEREAS, the General Plan EIR was certified by the City Council on April 7, 2008, and the City
adopted a statement of overriding considerations, which balanced the merits of approving the plan despite the
significant environmental effects; and
WHEREAS,three parcels within Subareas A and one parcel within Subarea B of the proposed Downtown
Housing & Economic Opportunity Overlay are also within the boundaries of the Petaluma Historic Commercial
District and Subarea C is adjacent to the Petaluma Historic Commercial District; and
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
Draft PC Resolution to Recommend that the City Council Adopt an Initial Study/Mitigated Negative Declaration(IS/MND)
Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023
WHEREAS, the intent of the Downtown Housing & Economic Opportunity Overlay is to facilitate the
development of residential uses, orderly economic development,preservation of historic buildings and resources
and the Commercial Historic District activate the ground levels,and incorporate sites with the greatest opportunity
for redevelopment activity by increasing the allowable floor area ratio from 2.5 to 6.0, building height from 45
feet to up to 75 feet subject to approval of a conditional use permit, and lot coverage from 80% to 100% subject
to approval of a conditional use permit, and subject to development and design controls for properties within the
proposed Overlay; and
WHEREAS,the discretionary Planning approvals for the Downtown Housing & Economic Opportunity
Overlay (General Plan and Zoning Amendments) and EKN Appellation Hotel (Historic Site Plan and
Architectural Review and Conditional Use Permit) are defined as a "project" pursuant to California
Environmental Quality Act (CEQA) Guidelines Section 21065 and are therefore subject to the requirements for
analysis under CEQA; and
WHEREAS, pursuant to CEQA Guidelines Section 15378(a) a "project" means the whole of an action,
which has the potential to result in either a direct physical change to the environment, or a reasonably foreseeable
indirect physical change in the environment; and
WHEREAS, pursuant to CEQA Guidelines Section 15378(c), the term "project" refers to the activity
which is being approved and which may be subject to several discretionary approvals, and does not mean each
separate discretionary approval; and
WHEREAS, for purposes of CEQA, the Downtown Housing & Economic Opportunity Overlay and the
EKN Appellation Hotel are considered the "project" and therefore are considered concurrently in the same
environmental document; and
WHEREAS,for purposes of discretionary approvals subject to review by the City's Historic and Cultural
Preservation Committee, Planning Commission, and City Council, the Downtown Housing & Economic
Opportunity Overlay and EKN Appellation Hotel may be considered separately; and
WHEREAS,pursuant to CEQA Guidelines Section 15063,following preliminary review,an Initial Study
(IS) was prepared to determine whether the project would result in a significant impact on the environment; and
WHEREAS,pursuant to CEQA Guidelines Section 15063(a)(1), the Initial Study analyzed all phases of
project planning, implementation, and operation; and
WHEREAS, pursuant to CEQA Guidelines Section 15063(a)(3), the Initial Study relied upon expert
opinion supported by facts, technical studies, applicable regulatory documents, City of Petaluma ordinances and
regulations, and other substantial evidence to document findings; and
WHEREAS, pursuant to CEQA Guidelines Section 15063(a)(4), in evaluating the potential
environmental effects of the project within the Initial Study, the City tiered from the program Environmental
Impact Report (EIR) for the City of Petaluma General Plan 2025, certified on April 7, 2008 (General Plan EIR)
through adoption of Resolution No. 2008-058 N.C.S.; and
Planning Commission-Draft Resolution No.2023-20 Page 2 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
Draft PC Resolution to Recommend that the City Council Adopt an Initial Study/Mitigated Negative Declaration(IS/MND)
Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023
WHEREAS, the General Plan EIR identified potentially significant environmental impacts and related
mitigation measures, and the City also adopted a Statement of Overriding Considerations for significant impacts
that could not be avoided; and
WHEREAS, pursuant to CEQA Guidelines Section 15063(b)(1), the results of the Initial Study
determined that some aspects of the project may cause a significant environmental impact while other potential
impacts were adequately examined in the previously certified General Plan EIR; and
WHEREAS, pursuant to CEQA Guidelines Section 15063(b)(2), the City as the Lead Agency prepared
a Mitigated Negative Declaration(MND)to analyze the potential for new or additional significant environmental
impacts of the project beyond those identified in the previously certified General Plan EIR; and
WHEREAS, the MND concluded that all potentially significant environmental impacts related to the
environmental resources areas of Aesthetics, Air Quality, Biological Resources, Cultural and Tribal Cultural
Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards, Hydrology,Noise, and Transportation, will
be reduced to less than significant levels through compliance with appliable General Plan policies, Municipal
Code regulations,Implementing Zoning Ordinance regulations,discretionary review of future developments, and
project-specific mitigation measures; and
WHEREAS, the City as the Lead Agency, found no substantial evidence in the IS that the project may
significantly affect the environment, which is defined as a "substantial or potentially substantial adverse change
in the environment", the City determined that an Environmental Impact Report (EIR) was not required and that
an MND sufficiently analyzed the projects potential impacts; and
WHEREAS, as detailed throughout the IS/MND, no physical development will occur as a result of
adoption of the proposed Downtown Housing & Economic Opportunity Overlay, and the only foreseeable
potential development within the Overlay is the EKN Appellation Hotel; and
WHEREAS, future site-specific development proposals within the Downtown Housing & Economic
Opportunity Overlay, including the EKN Appellation Hotel, will be subject to a separate discretionary review
processes, including Site Plan and Architectural Review (SPAR), Historic Site Plan and Architectural Review
(HSPAR), and Conditional Use Permit (CUP); and
WHEREAS, consistent with CEQA, future development proposals within the proposed Overlay
requesting approval of SPAR,HSPAR,and/or CUP,are discretionary in nature and therefore defined as"projects"
under CEQA,will also be subject to an independent CEQA analysis to determine potential impacts of site-specific
proposals; and
WHEREAS, all future development proposals within the proposed Overlay will be subject to mitigation
measures identified in the Draft IS/MND, or as revised through the Final IS/MND process, which include
measures with clearly defined criteria for which the City of Petaluma will apply in determining the impacts of
future development; and
WHEREAS, consistent with CEQA, the City of Petaluma, as the Lead Agency may rely on the future
studies for site-specific developments to devise the specific design of mitigation measures as the results of later
studies will be used to tailor mitigation measures to fit on-the-ground environmental conditions; and
Planning Commission-Draft Resolution No.2023-20 Page 3 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
Draft PC Resolution to Recommend that the City Council Adopt an Initial Study/Mitigated Negative Declaration(IS/MND)
Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023
WHEREAS, because the proposed Overlay will not result in direct physical development, identifying
site-specific mitigation measures for potential impacts to the resource areas identified in the Draft IS/MND is not
appropriate at this time as this would represent speculative analysis under CEQA; and
WHEREAS,on October 13,2023,the City published the Notice of Availability of an Initial Study/MND
on the City Project webpages, in the Petaluma Argus-Courier, filed the NOA with the Sonoma County Clerk,
posted the NOA with the State Clearinghouse on CEQAnet, and mailed the NOA to all residents and property
owners within 1,000 feet of the perimeter of the Downtown Housing & Economic Opportunity Overlay study
area providing for a 30-day public comment period commencing October 13, 2023, and ending November 13,
2023; and
WHEREAS, on October 13, 2023, the City's Notice of Public Hearing to be held on October 24, 2023,
before the City of Petaluma Planning Commission and Historic and Cultural Preservation Committee, was
published in the Argus Courier and mailed to all residents and property owners within 1,000 feet of the perimeter
of the Downtown Housing & Economic Opportunity Overlay study area as well as persons having requested
special notice of said proceedings; and
WHEREAS, on October 24, 2023, the joint hearing of the Petaluma Planning Commission and Historic
and Cultural Preservation Committee was continued to a date certain of November 14, 2023; and
WHEREAS, on November 2, 2023, the two signs were installed on-site to inform the public of the
November 14, 2023, public hearing with the Planning Commission and Historic and Cultural Preservation
Committee, in compliance with IZO Section 24.100.13; and
WHEREAS, on November 3, 2023, the City's Notice of Public Hearing to be held on November 14,
2023, before the City of Petaluma Planning Commission and Historic and Cultural Preservation Committee, was
published in the Argus Courier and mailed to all residents and property owners within 1,000 feet of the perimeter
of the Downtown Housing & Economic Opportunity Overlay study area as well as persons having requested
special notice of said proceedings; and
WHEREAS, the Planning Commission and Historic and Cultural Preservation Committee held a duly
noticed public hearing on November 14,2023, at which time all interested parties had the opportunity to be heard;
and
WHEREAS,pursuant to CEQA Guidelines Section 15074(a), the Planning Commission, as an advisory
body to the City Council, independently considered the adequacy of the MND and provided a recommendation
to the City Council, as the decision-making body; and
WHEREAS,the Planning Commission and Historic and Cultural Preservation Committee considered the
Downtown Housing&Economic Opportunity Overlay project,the MND, supporting Initial Study,draft response
to comments received on the MND, staff report dated November 14,2023, and received and considered all written
and oral public comments on environmental effects of the Project which were submitted up to and at the time of
the public hearings; and
WHEREAS, the MND reflects the City's independent judgment and analysis of the potential for
environmental impacts from the Project; and
Planning Commission-Draft Resolution No.2023-20 Page 4 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
Draft PC Resolution to Recommend that the City Council Adopt an Initial Study/Mitigated Negative Declaration(IS/MND)
Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023
WHEREAS, the MND, Initial Study, and related project and environmental documents, including the
General Plan 2025 EIR,and all documents incorporated herein by reference, are available for review on the City's
website and in the City Community Development Department at Petaluma City Hall, during normal business
hours; and
WHEREAS, the custodian of the documents and other materials which constitute the record of
proceedings for the Project is the City of Petaluma Community Development Department, 11 English Street,
Petaluma, CA 94952; and
WHEREAS, while the Initial Study/MND for the Project identified potentially significant impacts, all
significant impacts are mitigated to a less than significant level, and therefore the project would not result in any
significant impacts to the environment.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY
OF PETALUMA AS FOLLOWS:
1. The foregoing recitals are declared to be true and correct and incorporated herein by reference.
2. Based on its review of the entire record herein, the Planning Commission recommends that the City
Council make the following findings:
a. An Initial Study/MND was prepared, and proper notice provided in accordance with CEQA and local
Guidelines.
b. Based on its review of the entire record herein, including the MND, the Initial Study, all supporting,
referenced, and incorporated documents,and all comments received to date,the Planning Commission
finds that there is no substantial evidence that the Project, as mitigated, will have a significant effect
on the environment, and hereby recommends that the City Council adopt the MND for the Project,
including the Mitigation Monitoring and Reporting Program as shown in Exhibit 1 attached hereto
and incorporated into this Resolution.
c. The Project does have the potential to affect wildlife resources as defined in the Fish and Game code,
either individually or cumulatively; However, with mitigation, these potential environmental impacts
would be reduced to a less than significant level and is not exempt from Fish and Wildlife filing fees.
d. The Planning Commission reviewed the Initial Study/MND and considered the comments before
making a recommendation on the Project. Pursuant to the analysis in the Initial Study/MND, the
Project does not make a cumulatively considerable contribution to the significant and unavoidable
cumulative traffic or noise impacts identified in the General Plan 2025 EIR.
e. The Hotel component of the project is located on a site listed on a Hazardous Waste Site List compiled
by the State pursuant to Section 65962.5 of the Government Code; with mitigation, any potential
environmental impact would be reduced to a less than significant level.
f. Pursuant to the analysis in the Initial Study/MND, the Project does not make a cumulatively
considerable contribution to the significant and unavoidable cumulative impacts identified in the
General Plan 2025 EIR.
Planning Commission-Draft Resolution No.2023-20 Page 5 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
ADOPTED this 14th day of November 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
FDII"Sig"Id by:
aft h6rtr 11/18/2024
Bla e ooper, Chair
ATTEST: APPROVED AS TO FORM:
LSned by: Signetl by:Tampa 10/1/2024 V,L' & fyx' ,l10/1/2024
6D369L8EDF 5B8C656Evz54TP.
Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
EXHIBIT I
DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY AND EKN APPELLATION HOTEL
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
AESTHETICS
OVL AES-1: Upon application of Site Plan and Architectural (SPAR), all • Submit • City of
development projects located within the Downtown Housing & Economic documentation with Petaluma,
Opportunity Overlay shall submit the following: SPAR and HSPAR Community
• Documentation that the proposed development complies with the Petaluma application(s). Development
Historic Commercial District Design Guidelines. Department
• Documentation that the proposed development meets the Secretary of • Individual
Interior's Standards. property
• Viewshed analysis depicting views of historic resources relative to the owners and/or
proposed project. Locations of viewshed(s) shall be confirmed on a case- developers
by-case basis through the development review process. At a minimum, • Architectural
individual development proposals shall include a viewshed analysis from historian(s)
locations where historic resources are highly visible (e.g. Petaluma Blvd.,
Western Ave,4t'St/Kentucky St,B St,Washington St) and may be subject
to a shade/shadow study.
Planning Commission-Draft Resolution No.2023-20 Page 6 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
EXHIBIT 1
DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY AND EKN APPELLATION HOTEL
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
AIR QUALITY
EKN AQ-1: The latest BAAQMD recommended Best Management Practices • Measures shall be • Applicant
(BMPs)to control for fugitive dust and exhaust during shall be incorporated into included in project and/or
construction plans to require implementation of the following throughout all design and contractor
construction activities: construction • City of
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded documents. Petaluma,
areas, and unpaved access roads) shall be watered two times per day. • Periodic inspections Community
2. All haul trucks transporting soil, sand, or other loose material shall be during construction Development
covered. to ensure that Department
3. All visible mud or dirt track-out onto adjacent public roads shall be removed measures are in
using wet power vacuum street sweepers at least once per day. The use of place.
dry power sweeping is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 mph.
5. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used.
6. All excavation, grading, and/or demolition activities shall be suspended
when average wind speeds exceed 20 mph.
7. All trucks and equipment, including their tires, shall be washed off prior to
leaving the site.
8. Unpaved roads providing access to sites located 100 feet or further from a
paved road shall be treated with a 6-to 12-inch layer of compacted layer of
wood chips,mulch, or gravel.
9. Publicly visible signs shall be posted with the telephone number and name
of the 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 General Air Pollution Complaints number shall also be visible to
ensure compliance with applicable regulations.
Planning Commission-Draft Resolution No.2023-20 Page 7 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
EXHIBIT 1
DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY AND EKN APPELLATION HOTEL
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
BIOLOGICAL RESOURCES
EKN BIO-1: Should construction activities commence during the bird nesting . Conduct surveys in • Qualified
season (February 15 to September 15), a preconstruction nesting bird survey accordance with this biologist
shall be conducted by a qualified biologist no more than 14 days prior to the measure. • Applicant
start of ground disturbing activities. Areas within 300 feet of construction shall • Conduct and/or
be surveyed for active nests. Should active nests be identified, a disturbance- construction in contractor
free buffer shall be established based on the needs of the species identified and conformance with • City of
shall be maintained until a qualified biologist verifies that the nestlings have measures herein. Petaluma,
fledged, or the nest has failed. Should construction activities cease for 14 • Notify Community Community
consecutive days or more within the nesting season, an additional nesting bird Development Development
survey shall be required prior to resuming ground disturbing activities. Results Department and Department
of the nesting bird survey shall be submitted in writing to the City of Petaluma, CDFW in the event • CDFW
Community Development Department. of discovery.
EKN BIO-2: The project shall incorporate design features including but not • Measures shall be • Applicant
limited to window screens and coverings, window glazing, and overhangs to included in project and/or
minimize risks of collisions with migrating avian species. design and contractor
construction . City of
documents. Petaluma,
• Confirm inclusion in Community
final design. Development
Department
CULTURAL AND TRIBAL CULTURAL RESOURCES
OVL C/TCUL-I: Historic Resource Evaluation(s). Upon submittal of site- • Submit • Applicant
specific development proposals for sites located within the Downtown Housing documentation with and/or
& Economic Opportunity Overlay that contain structures 50 years or older, a SPAR and HSPAR contractor
Historic Resource Evaluation, or equivalent analysis, shall be submitted. The applications • City of
analysis shall provide information related to the structure(s)eligibility for listing Petaluma,
as a historic resource pursuant to federal,state,and local criterion.If the analysis Community
concludes that the structure(s) is/are eligible for listing, an integrity analysis Development
shall also be conducted. Department
EKN C/TCUL-1: Prior to ground-disturbing activities, exploratory hand-auger • Conduct in • Applicant
excavation shall be conducted in the area marked in green on the aerial conformance with and/or
photograph in Figure 18 of the Results of the Ground-Penetrating Radar(GPR) measures herein. contractor
Planning Commission-Draft Resolution No.2023-20 Page 8 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
EXHIBIT I
DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY AND EKN APPELLATION HOTEL
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
and Historical Human Remains Detection Canine (HHRDC) Survey, prepared • Notify City of • Qualified
by Evans&DeShazo on September 25,2023,to determine the presence/absence Petaluma, archaeologist
of a Native American deposit. The exploratory hand-auger excavation shall Community • FIGR
extend to at least one meter,which is the maximum depth in which the layered, Development representative
sloping strata was detected by the GPR. The spoils produced from the Department in the . City of
excavations shall be screened through 1/4-inch mesh to inspect the soil for event of potentially Petaluma,
artifacts or other indications of an archaeological resource. Each excavation significant Community
shall be backfilled upon completion.A FIGR Tribal monitor shall be present for archaeological Development
the excavation, and any artifacts identified within the excavations shall be resource discovery. Department
subject to in-field analysis(i.e.,photographs,descriptions,measurements,etc.), . Include measure on
then given to the FIGR Tribal monitor for appropriate treatment. project construction
and improvement
Tans.
EKN C/TCUL-2: Prior to submittal of plans for building permit,the applicant . Prepare Plan in • Applicant
shall obtain the services of a Secretary of Interior qualified archaeologist to accordance with this and/or
prepare an Archaeological Monitoring Plan(AMP) and provide archaeological measure. contractor
monitoring of project-related ground-disturbing activities. The AMP shall • Incorporate into • City of
contain a provision for a preconstruction meeting and worker environmental project design and Petaluma,
Cultural Resource Awareness Training. The AMP shall take into account the print on construction Community
findings of the HHRDC and GPR surveys and incorporate protocols for the documents. Development
identification, documentation and evaluation of buried archaeological features • Implement all Department
and human remains. The AMP should also provide procedures and guidelines measures of Plan • Qualified
for proper notification to Tribes,agencies,and stakeholders,as well as a curation during construction. Archeologist
and/or reburial plan for recovered materials. The archaeological monitor shall . Submit report • FIGR
be empowered to halt construction activities at the location of a discovery to following
review possible archaeological material and to protect the resource while it is completion of
being assessed.Archaeological monitoring shall occur on a full-time basis until, construction.
in the archaeologist's judgment,archaeological resources are no longer likely to
be encountered. A report shall also be prepared to document the findings after
construction is completed.
EKN C/TCUL-3: If an archaeological deposit is encountered during project- • Conduct construction • Applicant
related, ground disturbing activities, all work within 50 feet of the discovery in conformance with and/or
shall be redirected until a Secretary of Interior-qualified Archaeologist inspects measures herein. contractor
Planning Commission-Draft Resolution No.2023-20 Page 9 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
EXHIBIT 1
DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY AND EKN APPELLATION HOTEL
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
the material, assess its historical significance, and provides recommendations • Notify FIGR and • City of
for the treatment of the discovery. Potentially significant historic-era resources City of Petaluma, Petaluma,
may include all by-products of human land use greater than 50 years of age, Community Community
including subsurface deposits of domestic type material (e.g., glass, ceramic, Development Development
metal, wood, faunal remains, brick, etc.), buried alignments of stone, brick, or Department in the Department
foundation elements,or infrastructure related to previous buildings,and possible event of potentially • Qualified
features associated with open workspaces or yard spaces (e.g., stone/brick significant Archeologist
foundations; chimney remains; ceramics; buttons; insignia; bullets; tools; and archaeological FIGR
fragments of ceramics, glass, metal, wood, faunal, brick, concrete, coal, resource discovery.
botanical remains, etc.). Potentially significant prehistoric resources include . Include measure on
midden soils, artifacts such as faunal bone, groundstone, fire-affected rock, project construction
baked clay, modified bone and/or shell, flake stone debitage, flake stone tools, and improvement
etc.,and features such as house floors, cooking pits, and interred burials. plans.
• On-site observation.
EKN C/TCUL-4: If human remains are encountered within the project • Incorporate into • Applicant
area during Project-related ground-disturbing activities, all work must stop project design and • Qualified
within 100-feet of the discovery area, the area and associated spoils shall be print on construction archaeologist
secured to prevent further disturbance. The Sonoma County Coroner must be documents. and/or FIGR
notified immediately. It is important that the suspected human remains, and the • On-site observation. representative
area around them, are undisturbed and the proper authorities are called to the . City of
scene as soon as possible. The coroner will determine if the remains are Petaluma
prehistoric Native American remains or of modern origin and if any further Community
investigation by the coroner is warranted. If the remains are suspected to be Development
prehistoric Native American remains, the coroner shall contact the NAHC by Department
telephone within 24-hours. The NAHC will immediately notify the person it • NAHC
believes to be the most likely descendant(MLD)of the remains. The MLD has • MLD
48 hours to make recommendations to the landowner for treatment or disposition • County
of the human remains. If the MLD does not make recommendations within 48 Coroner
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
Planning Commission-Draft Resolution No.2023-20 Page 10 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
EXHIBIT 1
DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY AND EKN APPELLATION HOTEL
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
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 and the potential for additional remains and
provide further recommendations for the treatment of the resource in
coordination with the MLD.
GEOLOGY AND SOILS
EKN GEO-1: All applicable recommendations set forth in the Design Level • Incorporate • Applicant
Geotechnical Investigation prepared by Miller Pacific Engineering Group on geotechnical and/or
January 28, 2022, for the subject property, including, but not limited to recommendations contractor
recommendations related to seismic design, site preparation and grading, into project • Geotechnical
foundation designs, retaining wall designs, settlement monitoring (see also construction and Engineer
measure GEO-3),site and foundation drainage,interior concrete slabs-on-grade, improvement plans. • City of
exterior concrete slabs, underground utilities, and recommendations for • The project Petaluma,
wintertime construction shall be implemented. Final grading plan, construction geotechnical Community
plans, and building plans shall demonstrate that recommendations set forth in engineer shall inspect Development
the geotechnical reports have been incorporated into the final design of the the construction Department
project and to the satisfaction of the City of Petaluma,Public Works&Utilities work and shall certify • City of
Department. to the City, prior to Petaluma,
issuance of a Public Works
certificate of and Utilities
occupancy that the
improvements have
been constructed in
accordance with the
geotechnical
specifications.
EKN GEO-2: Prior to issuance of a grading permit, an erosion control plan • Compliance with • Applicant
along with grading and drainage plans shall be submitted to the City Engineer approved erosion and/or
for review. All earthwork, grading, trenching, backfilling, and compaction control plan. contractor
operations shall be conducted in accordance with the City of Petaluma's Grading • Geotechnical
and Erosion Control Ordinance#1576, Title 17, Chapter 17.31 of the Petaluma Engineer
Municipal Code. These plans shall detail erosion control measures such as site . City of
watering, sediment capture, equipment staging and laydown pad, and other Petaluma,
Planning Commission-Draft Resolution No.2023-20 Page 11 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
EXHIBIT 1
DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY AND EKN APPELLATION HOTEL
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
erosion control measures to be implemented during construction activity on the Community
project site. Development
Department
• City of
Petaluma,
Public Works
and Utilities
EKN GEO-3: Upon submittal of plans for project construction, a damage • Submit • Applicant
assessment of all existing adjacent structures and improvements shall be documentation in and/or
submitted to the City of Petaluma, Community Development Department. The compliance with this contractor
damage assessment shall document existing conditions of adjacent measure • Geotechnical
improvements, including foundation cracking, un-level floors, out of plumb . Incorporate into Engineer
walls,out of square door/window openings, etc. project construction • City of
Upon excavation of the proposed basement, vertical and lateral control points and improvement Petaluma,
shall be established. Throughout project construction, the control points shall plans. Community
be periodically measured and monitored by a licensed surveyor to determine if Development
any vertical or lateral movement is occurring adjacent to the excavation. If any Department
movement is observed/measured, steps shall be taken to strengthen the . City of
excavation shoring to control settlements and lateral movements. All Petaluma
measurements shall be provided to the City of Petaluma, Community Public Works
Development Department. and Utilities
EKN GEO-4: In the event that paleontological resources, including individual • Incorporate into • Applicant
fossils or assemblages of fossils, are encountered during construction activities project design and and/or
all ground disturbing activities shall halt and a qualified paleontologist shall be print on construction contractor
procured to evaluate the discovery and make treatment recommendations. documents. • City of
• On-site observation. Petaluma,
Community
Development
Department
• Qualified
paleontologist
GREENHOUSE GAS EMISSIONS Mi
Planning Commission-Draft Resolution No.2023-20 Page 12 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
EXHIBIT 1
DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY AND EKN APPELLATION HOTEL
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
EKN GHG-1: The latest BAAQMD recommended Best Management Practices • Measures shall be • Applicant
(BMPs)to control for construction-related GHG emissions shall be incorporated included in project and/or
into construction plans to require implementation of the following throughout design and contractor
all construction activities: construction . City of
1. Use zero-emission and hybrid-powered equipment to the greatest extent documents. Petaluma,
possible, particularly if emissions are occurring near sensitive receptors or • Periodic inspections Community
located within a BAAQMD-designated Community Air Risk Evaluation during construction Development
(CARE) area or Assembly Bill 617 community. to ensure that Department
2. Require all diesel-fueled off-road construction equipment be equipped with measures are in
EPA Tier 4 Final compliant engines or better as a condition of contract. place.
3. Require all on-road heavy-duty trucks to be zero emissions or meet the most
stringent emissions standard, such as model year (MY) 2024 to 2026, as a
condition of contract.
4. Minimize idling time either by shutting equipment off when not in use or
reducing the time of idling to no more than 2 minutes (A 5-minute limit is
required by the state airborne toxics control measure [Title 13, Sections
2449(d)(3) and 2485 of the California Code of Regulations]). Provide clear
signage that posts this requirement for workers at the entrances to the site
and develop an enforceable mechanism to monitor idling time to ensure
compliance with this measure.
5. Prohibit off-road diesel-powered equipment from being in the"on"position
for more than 10 hours per day.
6. Use California Air Resources Board—approved renewable diesel fuel in off-
road construction equipment and on road trucks.
7. Use U.S. Environmental Protection Agency SmartWay certified trucks for
deliveries and equipment transport.
8. Require all construction equipment is maintained and properly tuned in
accordance with manufacturer's specifications. Equipment should be
checked by a certified mechanic and determined to be running in proper
condition prior to operation.
9. Where grid power is available,prohibit portable diesel engines and provide
electrical hook ups for electric construction tools, such as saws, drills and
compressors, and using electric tools whenever feasible.
Planning Commission-Draft Resolution No.2023-20 Page 13 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
EXHIBIT I
DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY AND EKN APPELLATION HOTEL
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
10. Where grid power is not available,use alternative fuels, such as propane or
solar electrical power, for generators at construction sites.
11. Encourage and provide carpools, shuttle vans, transit passes, and/or secure
bicycle parking to construction workers and offer meal options onsite or
shuttles to nearby meal destinations for construction employees.
12. Reduce electricity use in the construction office by using LED bulbs,
powering off computers every day, and replacing heating and cooling units
with more efficient ones.
13. Minimize energy used during site preparation by deconstructing existing
structures to the greatest extent feasible.
14. Recycle or salvage nonhazardous construction and demolition debris, with
a goal of recycling at least 15% more by weight than the diversion
requirement in Title 24.
15. Use locally sourced or recycled materials for construction materials(goal of
at least 20%based on costs for building materials and based on volume for
roadway, parking lot, sidewalk and curb materials). Wood products used
should be certified through a sustainable forestry program.
16. Use low-carbon concrete, minimize the amount of concrete used and
produce concrete on-site if it is more efficient and lower emitting than
transporting ready-mix.
17. Develop a plan to efficiently use water for adequate dust control since
substantial amounts of energy can be consumed during the pumping of
water.
18. Include all requirements in applicable bid documents,purchase orders, and
contracts,with successful contractors demonstrating the ability to supply the
compliant on- or off-road construction equipment for use prior to any
ground-disturbing and construction activities.
EKN GHG-2: Prior to the issuance of a building permit,the proposed off street • Incorporate into • Applicant
parking located within the subterranean garage on the site of the proposed EKN project design and and/or
Appellation Hotel shall be designed and verified for compliance with CalGreen print on construction contractor
Tier 2 standards. documents. • City of
Petaluma,
Community
Planning Commission-Draft Resolution No.2023-20 Page 14 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
EXHIBIT 1
DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY AND EKN APPELLATION HOTEL
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
Development
Department
HAZARDS AND HAZARDOUS MATERIALS
EKN HAZ-1: Prior to approval of ground-disturbing activities, submit a site- • Provide copy HASP • Applicant
and project-specific health and safety plan(HASP)and a soil management plan and SMP to the City and/or
(SMP) to the Sonoma County Department of Health Services and the City of with construction contractor
Petaluma,Community Development Department.The HASP shall be developed documents for . Environmental
in accordance with 29 Code of Federal Regulations. In addition to compliance review and approval. Professional/H
with federal regulations, the HASP shall address potential exposure due to • Retain copy of the ealth and
dermal contact and inhalation of residual total petroleum hydrocarbons (TPH) approved plans on- Safety Officer
and benzene, shall specify an air monitoring program for volatile organic site during . RWQCB
compounds (VOCs) when performing subsurface earthwork, and shall specify construction. . City of
appropriate personal protective equipment (PPE) to be used. The SMP shall Petaluma,
include, at a minimum, dust control and monitoring measures, management of Community
stockpiles, and procedures to follow for disposal of soil offsite, including Development
required testing from total petroleum hydrocarbons(TPH) and benzene. Department
• City of
Petaluma, Fire
Department
EKN HAZ-2: Upon submittal of building permit plans, the project applicant • Provide • Applicant
shall demonstrate compliance (e.g. include directly in project plans, provide documentation in and/or
written documentation,etc.)with all requirements of the Risk Management Plan accordance with this contractor
included as`Exhibit B'to the Covenant and Environmental Restriction recorded measure • City of
against the property, as summarized below. In addition, the applicant shall • Incorporate into Petaluma,
comply with project-specific recommendations provided by the RWQCB in July project design and Community
2022. This measure shall not be construed to preclude requirements of the Risk print on construction Development
Management Plan that are not explicitly listed here. documents. Department
1. Concurrent with submittal of building permit plans, provide a copy of • Sonoma
written approval to the City of Petaluma, Community Development County
Department from the Sonoma County Department of Health Services for the Department of
project as it involves disturbance of more than five (5) cubic yards of soil Health
(RMP, Section 2.0). Services
• RWQCB
Planning Commission-Draft Resolution No.2023-20 Page 15 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
EXHIBIT I
DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY AND EKN APPELLATION HOTEL
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
2. Prior to groundwater extraction or discharge, including construction
dewatering, soil or groundwater sampling, or soil reuse or disposal, written
approval from the Sonoma County Department of Health Services shall be
obtained and a copy shall be provided to the City of Petaluma, Community
Development Department(RMP, Section 2.0(d, e, f).
3. At least three working days prior to commencement of ground-disturbing
activities, groundwater extraction or construction dewatering, soil or
groundwater sampling,or soil reuse or disposal,provide written notification
to the Sonoma County Department of Health Services and the Regional
Water Quality Control Board. Proof of notification shall be provided to the
City of Petaluma, Community Development Department (RMP, Section
3.0(B)).
4. Following excavation of the proposed 7,140 cubic yards of soil, collect soil
confirmation samples and grab-groundwater samples from the resulting
excavation pit.
5. Upon submittal of plans for building permit,demonstrate incorporation of a
Liquid Boot®membrane/liner or equivalent and a LiquidBoot® Geo Vent
system or equivalent beneath the slabs of all proposed building (RMP
mitigation measures 3,4).
6. Throughout project construction, any equipment used in subsurface
activities shall be decontaminated using visual inspection to verify that all
residual soils or groundwater have been removed prior to leaving the
property(RMP, Section 6.0(D)).
7. Following completion of project development and prior to issuance of a
certificate of occupancy, collect paired subslab and indoor air samples to
ensure effectiveness of the required vapor barriers and venting systems.
8. Throughout project operation,if disturbance to hardscape,building slabs,or
the vapor barrier system occurs, a written plan must be prepared for any
such work, and must include the method and timing for reinstatement.
(RMP, Section 5.0(A).
9. Throughout project operation, the owner and/or operator shall be
responsible for submitting an annual summary report to the Sonoma County
Department of Health Services and the Regional Water Quality Control
Board that describes in detail the type, cause, location and date of all of the
Planning Commission-Draft Resolution No. 2023-20 Page 16 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
EXHIBIT I
DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY AND EKN APPELLATION HOTEL
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
previous year's disturbance,if any,to any hardscape or mitigation measure,
any remedial measures taken or remedial equipment installed, and any
groundwater monitoring system installed on the Property pursuant to the
requirements of the Sonoma County, which could affect the ability of such
mitigation measures, remedial measures and/or equipment, or monitoring
system to perform their respective functions and the type and date of repair
of such disturbance(RMP, Section 7.0).
NOISE
OVL NOI-1: As part of the completeness review associated with future site- • Submit • Applicant
specific development proposals within the Downtown Housing & Economic documentation with and/or
Opportunity Overlay, a noise study, including field measurements shall be SPAR and HSPAR contractor
submitted to the City of Petaluma, Community Development Department for applications. • City of
review and acceptance. The noise study shall include an analysis of impacts • Incorporate site- Petaluma,
associated with construction and operation, a discussion of groundborne specific Community
vibration impacts during construction using the thresholds published by recommendations Development
Caltrans, and recommendations to reduce noise impacts shall be included in the into project design. Department
noise study and incorporated into final plans for site-specific developments. . Qualified
Acoustical
Professional
EKN NOI-1: The following Best Construction Management Practices shall be • Conduct construction • Applicant
implemented to reduce construction noise levels emanating from the site, limit in conformance with and/or
construction hours,and minimize disruption and annoyance: measures herein. contractor
1. Pursuant to the Implementing Zoning Ordinance, restrict noise-generating • Incorporate into • City of
activities at the construction site or in areas adjacent to the construction site project design and Petaluma,
to the hours between 7:00 a.m. and 10:00 p.m.,Monday through Friday and construction Community
9:00 a.m. to 10:00 p.m. on Saturday, Sunday and State, Federal or Local documents. Development
Holidays; • Maintain delivery, Department
2. Utilize `quiet' models of air compressors and other stationary noise sources hauling and
where technology exists; construction in
3. Equip all internal combustion engine-driven equipment with mufflers, accordance with
which are in good condition and appropriate for the equipment; measure.
• Provide notice to
surrounding
Planning Commission-Draft Resolution No.2023-20 Page 17 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
EXHIBIT I
DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY AND EKN APPELLATION HOTEL
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
4. Locate all stationary noise-generating equipment, such as air compressors properties in
and portable power generators, as far away as possible from adjacent accordance with
receptors; measure.
5. Acoustically shield stationary equipment located near adjacent receptors • Applicant shall
with temporary noise barriers; provide for periodic
6. Locate staging areas and construction material areas as far away as possible inspection during
from adjacent receptors; construction to
7. Prohibit all unnecessary idling of internal combustion engines; ensure that measures
8. Route all construction traffic to and from the project site via designated are in place.
truck routes and prohibit construction related heavy truck traffic in
residential areas where feasible;
9. Notify all adjacent receptors of the construction schedule in writing;
10. Designate a "disturbance coordinator" who would be responsible for
responding to any local complaints about construction noise. The
disturbance coordinator will determine the cause of the noise complaint
(e.g., starting too early, bad muffler, etc.) and will require that reasonable
measures warranted to correct the problem be implemented; and
11. Conspicuously post a telephone number for the disturbance coordinator at
the construction site and include it in the notice sent to neighbors regarding
the construction.
EKN NOI-2: The following measures shall be implemented when construction • Conduct construction • Applicant
activities occur within 20 feet of adjacent buildings: in conformance with and/or
1. Prohibit the use of heavy vibration-generating construction equipment measures herein. contractor
within 20 feet of adjacent buildings. • Incorporate into • City of
2. Use a smaller vibratory roller, such as the Caterpillar model CP433E project design and Petaluma,
vibratory compactor,when compacting materials within 20 feet of adjacent construction Community
buildings. Only use the static compaction mode when within 10 feet of the documents. Development
adjacent buildings. • Applicant shall Department
3. Avoid dropping heavy equipment and use alternative methods for breaking provide for periodic
up existing pavement, such as a pavement grinder, instead of dropping inspection during
heavy objects,within 20 feet of adjacent buildings. construction to
4. Designate a person responsible for registering and investigating claims of ensure that measures
excessive vibration. The contact information of such person shall be clearly are in place.
posted on the construction site.
Planning Commission-Draft Resolution No. 2023-20 Page 18 of 19
Docusign Envelope ID:4EA75F44-7FA0-4F1A-AC59-E70C7B68B27C
EXHIBIT I
DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY AND EKN APPELLATION HOTEL
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MEASURE IMPLEMENTATION RESPONSIBLE COMPLETION OF
PARTY IMPLEMENTATION
ACTIVITY DATE
COMPLETED
TRANSPORTATION
EKN TRA-1: Upon submittal of plans for building permit, the applicant shall . Provide • Applicant
submit a Valet Service Plan prepared by a licensed traffic engineer. The Plan documentation in and/or
shall, at a minimum, address steps to be taken to ensure the three-vehicle accordance with this contractor
capacity is not exceeded. The Plan shall be subject to review and approval by measure. • City of
the City of Petaluma. Petaluma,
Community
Development
Department
• City of
Petaluma,
Public Works
&Utilities
Planning Commission-Draft Resolution No.2023-20 Page 19 of 19