HomeMy WebLinkAboutRESOLUTION 2025-021 N.C.S. 2/24/2025 Resolution No. 2025-021 N.C.S. Page 1
Resolution No. 2025-021 N.C.S.
of the City of Petaluma, California
RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FINAL EIR)
FOR THE DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY AND EKN
APPELLATION HOTEL PROJECT LOCATED WITHIN DOWNTOWN PETALUMA; FILE NO:
PLPJ-2022-0015 (PLGP-2023-0001, PLZA-2023-0002 & PLSR-2022-0017)
WHEREAS, on April 11, 2022, Mike Jolly of EKN Development Group (herein after ‘Applicant’), applied
for Historic Site Plan and Architectural Review (H-SPAR) for the EKN Appellation Hotel Project (herein after
‘Hotel’) to develop a 93-room hotel with ancillary food service, parking and event spaces at 2 Petaluma Boulevard
South; and
WHEREAS, the Hotel would exceed the maximum FAR established by the Mixed Use (MU) 2025 General
Plan Land Use Classification and exceed the maximum building height, lot coverage, and floor area ratio (FAR)
established by the Mixed Use 2 (MU2) Implementing Zoning Ordinance (IZO) designation; and
WHEREAS, the City of Petaluma advised the Applicant that the Hotel must be revised to comply with
applicable IZO and General Plan standards and regulations, or amendments to the IZO and General Plan must be
proposed to allow for Planning review to proceed; and
WHEREAS, EKN Development Group subsequently applied for a General Plan Amendment (GPA), Zoning
Map Amendment (ZMA), and Zoning Text Amendment (ZTA) to create a Building Form Overlay (later renamed
the Downtown Housing & Economic Opportunity Overlay (herein after ‘Overlay’)); and
WHEREAS, the City of Petaluma conducted three publicly noticed study sessions commencing on June 13,
2023, August 8, 2023, and October 3, 2023, to develop the scope and content of the Overlay, to consist of Subareas
A, B, and C; and
WHEREAS, three parcels within Subarea A, including two parcels comprising the site of the Hotel Project,
and one parcel within Subarea B of the Overlay are also within the boundaries of the Petaluma Historic
Commercial District; and
WHEREAS, the discretionary Planning approvals for the proposed Overlay (GPA, ZMA and ZTA) and Hotel
(H-SPAR and CUP) are defined as a “project” pursuant to California Public Resources Code Section 21065 and
California Environmental Quality Act (CEQA) Guidelines Section 15378; 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 are considered concurrently in the same environmental
document; and
WHEREAS, on October 13, 2023, a Notice of Completion/Notice of Availability (NOC/NOA) of an Initial
Study/Mitigated Negative Declaration (IS/MND) was published with the State Clearinghouse, filed with the
Sonoma County Clerk, published on the City of Petaluma’s website, circulated in the Argus Courier, mailed to
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interested persons who requested notification, responsible, trustee and other public agencies, and mailed to all
owners and occupants of properties within a 1,000 foot radius of the perimeter of the Overlay study area,
commencing a 30-day public comment period on the IS/MND, extending from October 13, 2023, to November
14, 2023; and
WHEREAS, on November 14, 2023, the Planning Commission and Historic and Cultural Preservation
Committee (HCPC) held a duly noticed public hearing to consider the Draft IS/MND, General Plan Amendment,
Zoning Map Amendment, and Zoning Text Amendment; and
WHEREAS, on November 14, 2023, the Planning Commission considered the proposed IS/MND in
accordance with Section 15074 of the CEQA Guidelines and adopted Resolution 2023-20, making
recommendations regarding the Downtown Housing & Economic Opportunity Overlay and EKN Appellation
Hotel (SCH #2023100359); and
WHEREAS, on November 14, 2023, the Planning Commission adopted Resolution 2023-21 and 2023-22,
making recommendations regarding the proposed Downtown Housing & Economic Opportunity Overlay; and
WHEREAS, following the November 14, 2023, Planning Commission and HCPC joint public hearing, the
City commenced preparation of an Environmental Impact Report (EIR) for the Overlay and Hotel to provide
greater analysis of the potential impacts of the Project and to provide additional information for the public and
reviewing bodies; and
WHEREAS, on April 12, 2024, a Notice of Preparation (NOP) of an EIR, and an Initial Study (IS) were
published with the State Clearinghouse, filed with the Sonoma County Clerk, published on the City of Petaluma’s
website, published in the Argus Courier, mailed to interested persons who requested notification, responsible,
trustee and other public agencies, and mailed to all owners and occupants of properties within a 1,000 foot radius
of the perimeter of the Overlay study area, commencing a 30-day public comment period on the scope of the EIR,
extending from April 12, 2024, to May 13, 2024; and
WHEREAS, the IS analyzed potential impacts pertaining to all resource areas identified in Appendix G of
the CEQA Guidelines to find that potentially significant environmental impacts could occur and that additional
analysis would be required in the EIR to address Aesthetic Resources, Cultural Resources, and Tribal Cultural
Resources, other required sections of CEQA, and consideration of alternatives, while potential Air Quality,
Agricultural and Forestry Resources, Biological Resources, Greenhouse Gases, Energy, Geology, Hazards and
Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise,
Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire
environmental impacts were found to be less than significant and would not require additional review in the EIR;
and
WHEREAS, on May 1, 2024, in compliance with local regulations, Public Resources Code Section 21083.9,
and CEQA Guidelines Section 15083, the City of Petaluma held a duly noticed public scoping meeting on the
NOP of an EIR to receive public comment on the scope of the environmental analysis for the Downtown Housing
& Economic Opportunity Overlay and EKN Appellation Hotel Project; and
WHEREAS, the public, interested parties, and stakeholders provided verbal comments at the May 1, 2024,
scoping meeting and submitted written comments during the 30-day NOP comment period; and
WHEREAS, based on comments received during the EIR scoping period, the scope of the Draft EIR was
expanded to include a Land Use and Planning section, in addition to Aesthetic Resources, and Cultural and Tribal
Cultural Resources, as well as the inclusion of a chapter addressing all environmental topics found to be less than
significant and less than significant with mitigation; and
WHEREAS, on August 23, 2024, a NOC/NOA was published with the State Clearinghouse, filed with the
Sonoma County Clerk, published on the City of Petaluma’s website, published in the Argus Courier, mailed to
interested persons who requested notification, responsible, trustee and other public agencies, and mailed to all
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owners and occupants of properties within a 1,000 foot radius of the perimeter of the Overlay study area,
commencing a 45-day public comment period on the Draft EIR extending from August 23, 2024, to October 7,
2024; and
WHEREAS, on request, the public comment period on the Draft EIR was extended by two weeks, to October
21, 2024; and
WHEREAS, on September 12, 2024, two public notice signs were installed at 2 Petaluma Boulevard South
to inform the public of the September 24, 2024, joint public hearing with the Planning Commission and HCPC
on the Draft EIR and the Project, in compliance with IZO Section 24.100.B; and
WHEREAS, on September 13, 2024, the City's Notice of Public Hearing to be held on September 24, 2024,
before the City of Petaluma Planning Commission and HCPC, was published in the Argus Courier, mailed to
interested persons who requested notification, responsible, trustee and other public agencies, and mailed to all
owners and occupants of properties within a 1,000 foot radius of the perimeter of the Overlay study area; and
WHEREAS, the Planning Commission and HCPC held a duly noticed public hearing on September 24, 2024,
to consider information presented by staff, to receive public comments regarding the Project and the Project’s
Draft EIR, and to independently consider the Draft EIR; and
WHEREAS, at the September 24, 2024, public hearing, the Planning Commission and the HCPC considered
staff, public, and agency comments on the Project, the staff report, and the Draft EIR, including all attachments;
and
WHEREAS, at the September 24, 2024, public hearing, the HCPC considered the public comments received,
independently considered the Draft EIR, and by a vote of 4-0 recommended to the Planning Commission that the
Commission recommend to the City Council preparation of a Final EIR for the Project, subject to
recommendations; and
WHEREAS, the Planning Commission considered the public comments received, independently considered
the Draft EIR, considered HCPC’s recommendation, and by a vote of 5-1, with Commissioner Newell absent,
adopted Resolution 2024-12, making recommendations on the Project and on the Final Environmental Impact
Report (Final EIR); and
WHEREAS, on September 27, 2024, the City's Notice of Public Hearing to be held on October 7, 2024,
before the City of Petaluma City Council, was published in the Argus Courier, mailed to interested persons who
requested notification, responsible, trustee and other public agencies, and mailed to all owners and occupants of
properties within a 1,000 foot radius of the perimeter of the Overlay study area; and
WHEREAS, on September 27, 2024, pursuant to IZO Section 24.100(B), onsite signage was updated to
provide information regarding the availability of the Draft EIR for public comment and notice of the October 7,
2024, City Council hearing; and
WHEREAS, the City Council held a duly noticed public hearing on October 7, 2024, to consider the Draft
EIR and to receive oral comments from the public about the adequacy of the Draft EIR; and
WHEREAS, the City Council considered the public comments received, independently considered the Draft
EIR, considered the Planning Commission’s recommendation, and adopted Resolution 2024-125, directing staff
to prepare the Final EIR, inclusive of responses to public comments; and
WHEREAS, all written comments received on the Draft EIR have been reviewed and responses to those
comments have been prepared and presented in the Final EIR, along with clarifying text edits to the Draft EIR,
which together constitutes the Final EIR; and
WHEREAS, the Final EIR identified potentially significant impacts that will be reduced to a less than
significant level with specified mitigation measures; and
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WHEREAS, the Project does not have the potential to have a significant adverse impact on wildlife resources
as defined in the State Fish and Game Code, either individually or cumulatively, though it is not exempt from
payment of the Fish and Game filing fees; and
WHEREAS, five sites within the Overlay, including the Hotel site are listed on a hazardous materials sites
compiled pursuant to Government Code Section 65962.5, all of which have received case closed status, and
measures have been imposed on the Hotel to mitigate potential impacts during construction and at operation; and
WHEREAS, on February 14, 2025, a Notice of Availability (NOA), Notice of Intent to Certify, Notice of
Public Hearing, and the Final EIR were filed with the State Clearinghouse and the Sonoma County Clerk,
published on the City’s website, published in the Argus Courier, mailed to interested persons who requested
notification, responsible, trustee and other public agencies, and mailed to all owners and occupants of properties
within a 1,000 foot radius of the perimeter of the Overlay study area, commencing the required 10-day public
review period beginning on February 14, 2025, and extending through February 24, 2025; and
WHEREAS, in compliance with the CEQA Guidelines, the City of Petaluma provided written responses at
least 10 days prior to considering certification of the Final EIR to public agencies that commented on the Draft
EIR; and
WHEREAS, on February 14, 2025, pursuant to IZO Section 24.100(B), onsite signage was installed to
provide information regarding the availability of the Final EIR and notice of the February 24, 2025, City Council
hearing; and
WHEREAS, on February 24, 2025, the Final EIR was presented to the Petaluma City Council and the City
Council reviewed and considered the information presented in the Final EIR and received public comment prior
to considering certification of the EIR; and
WHEREAS, the custodian of the documents and other materials that constitute the record of proceedings for
the Project is the City of Petaluma, Community Development Department, Petaluma City Hall, 11 English Street,
Petaluma, CA 94952.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma that the above recitals
are true and correct and incorporated by reference and the Petaluma City Council hereby:
1. Certifies that the Downtown Housing and Economic Opportunity Overlay and EKN Appellation Hotel Project
Final EIR (SCH #2024040565), inclusive of the Draft EIR, Final EIR, references, appendices, and all
attachments thereto have been prepared and completed in compliance with the requirements of CEQA .
2. Certifies that the Project EIR was presented to the City Council, which has reviewed and considered the
information contained in the Project EIR, and that the Project EIR reflects the City of Petaluma’s independent
judgment and analysis regarding the Project.
3. Finds that for each identified mitigation measure that requires the cooperation or action of another agency,
adoption, and implementation of each such mitigation measure is within the responsibility and jurisdiction of
the public agency identified, and the measures can and should be adopted and/or implemented by said agency.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 24 day of February
2025, by the following vote:
Approved as to
form:
City Attorney
AYES: McDonnell, Barnacle, Cader Thompson, Nau, Quint, Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
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RECUSED: DeCarli,
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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