HomeMy WebLinkAboutRESOLUTION 2025-046 N.C.S. 04/21/2025Resolution No. 2025-046 N.C.S. Page 1
Resolution No. 2025-046 N.C.S.
of the City of Petaluma, California
RESOLUTION ADOPTING MAKING CEQA FINDINGS OF FACT, AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DOWNTOWN HOUSING
AND ECONOMIC OPPORTUNITY OVERLAY AND THE EKN APPELLATION HOTEL PROJECT;
FILE NO: PLPJ-2022-0015, PLGP-2023-0001, PLZA-2023-0002 & PLSR-2022-0017
WHEREAS, the City Council held a meeting on February 10, 2025, focused on Citywide goals and priorities,
and the Council was unanimous in its support of robust economic development as a primary goal for the City to
support existing businesses, encourage activation of longstanding vacant and underutilized properties, to provide
Petaluma residents with local goods and services and diversify the City’s tax base to help mitigate for periods of
recession and uncertain economic conditions; and
WHEREAS, the purpose of the Downtown Housing and Economic Opportunity Overlay is to support existing
local businesses, fill vacant properties, and improve the overall health of our Historic Downtown by facilitating
the preservation of historic buildings and resources and the Commercial Historic District, activate the ground
levels of existing and new downtown residential and commercial properties, incentivize the development of
residential uses, and to promote new development on 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 (CUP), and lot coverage from 80% to 100% subject to approval of a CUP,
and subject to development and design controls for properties within the proposed Overlay; and
WHEREAS, the Sonoma County Economic Development Collaborative reports that direct visitor spending
in Sonoma County totaled $2.3 billion in 2022, which put dollars directly into our local businesses; and
WHEREAS, in addition to the potential benefits to housing development within the Overlay, the Strategic
Economics memo, attachment 7 to the concurrent staff report, the proposed EKN Appellation Hotel is projected
to contribute each year to the City of Petaluma approximately $551,000 in Transient Occupancy Tax (TOT),
$103,346 in sales tax, and $55,760 in property tax. In addition, the EKN Appellation Hotel is subject to payment
of City development impact fees, and based on the Development and Impact Fees Schedule effective today, the
EKN Appellation Hotel would be required to pay the City $2.7 million in Development Impact Fees which funds
housing, parks, and street improvements citywide; and
WHEREAS, at the March 17, 2025, City Council meeting, after considering all comments and reviewing the
matter, the City Council decided to amend the concurrent Overlay Ordinance by reducing the Overlay size to just
Subarea A and to reintroduce the Ordinance; and
WHEREAS, Subarea A is largely underutilized, with eight entire parcels, and about 77% of the total area
undeveloped, vacant, or paved for parking and of the three subareas, Subarea A has the lowest parcel utilization,
with key opportunity sites such as the vacant parcels where the EKN Appellation Hotel is proposed, as well as
other vacant buildings, such as the former Bank of the West and the Fourth and C properties, which have both
been vacant for several years; and
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WHEREAS, on April 11, 2022, EKN Development Group (herein after ‘Applicant’), applied for Historic
Site Plan and Architectural Review (H-SPAR) for the EKN Appellation Hotel (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 floor area ratio (FAR) established by the Mixed Use
(MU) 2025 General Plan Land Use Classification and exceed the maximum building height, lot coverage, and
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 Hotel, and one parcel
within Subarea B of the Overlay are also within the boundaries of the Petaluma Historic Commercial District;
and
WHEREAS, the City of Petaluma as the lead agency under the California Environmental Quality Act
(CEQA) prepared a Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the Downtown Housing
and Economic Opportunity Overlay and EKN Appellation Hotel (herein after ‘Project’) to analyze potential
environmental impacts; and
WHEREAS, the Draft IS/MND was made available for public and agency review 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, and the Overlay (GPA,
ZMA, and ZTA); and
WHEREAS, at the November 14, 2023, public hearing, pursuant to IZO Section 15.020.A.6, the HCPC
provided their independent analysis of the Overlay Zoning Amendments and made a recommendation on the
proposed ZMA and ZTA to the Planning Commission; and
WHEREAS, on November 14, 2023, the Planning Commission provided their independent analysis of the
Draft IS/MND and the Overlay, considered the recommendation provided by the HCPC on the zoning
amendments, and adopted Resolutions 2023-21 and 2023-22, regarding the Downtown Housing and 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 Project to provide greater analysis
of the potential impacts of the Project and to provide additional information for the public and reviewing bodies;
and
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WHEREAS, on September 24, 2024, the Planning Commission and HCPC held a duly noticed public hearing
to consider information presented by staff, to receive public comments regarding the Draft EIR, and to
independently consider the Draft EIR; 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, at the September 24, 2024, public hearing, the Planning Commission adopted Resolution 2024-
12, recommending that the City Council direct staff to proceed with preparation of the Final EIR for the Project
with recommendations; and
WHEREAS, on October 7, 2024, the City Council held a duly noticed public hearing to independently
consider the Draft EIR and to receive public comments regarding the Draft EIR; and
WHEREAS, at the October 7, 2024, public hearing, the City Council adopted Resolution 2024-125,
authorizing staff to prepare the Final EIR, inclusive of responses to public comments; and
WHEREAS, on November 18, 2024, the City Council held a duly noticed public workshop to engage in an
in-depth discussion about various aspects of the Overlay; and
WHEREAS, at the November 18, 2024, workshop, the City Council directed staff to clarify the relationship
between the Overlay and the ongoing General Plan Update process; to provide additional information for the
Council to better understand implications of the Overlay on multi-family housing including how it relates to State
Density Bonus Law, Senate Bill (SB) 35, and height increase eligibility; to bring forward potential options for
supplementing the review of development projects within the proposed Overlay by design and architectural
specialists in addition to the City’s established SPAR process; to update Council on the ongoing efforts of the
Downtown Parking Management Plan; to bring forward the Overlay for Council’s consideration as recommended
by the Planning Commission at the November 14, 2023, public hearing and any potential modifications from
Council’s input during the November 18, 2024, workshop; and to bring forward the Overlay and Final EIR
directly to City Council for consideration, in lieu of returning to the Planning Commission and HCPC for their
review of the Final EIR; and
WHEREAS, the proposed General Plan Amendment and Zoning Amendments are substantially the same and
the proposed impacts of the amendments are substantially the same as when Planning Commission reviewed and
recommended their approval to City Council on November 14, 2023, via Resolutions 2023-21 and 2023-22, and
no further review by the Planning Commission is required under state or local law; and
WHEREAS, on February 14, 2025, a Notice of Availability, 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, circulated 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, on February 24, 2025, the City Council held a duly noticed public hearing to independently
consider the Final EIR and to receive public comments on the Final EIR; and
WHEREAS, at the February 24, 2025, duly noticed public hearing, the City Council certified the Final EIR
by Resolution 2025-021; and
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WHEREAS, in compliance with Public Resources Code Section 21081(a) and CEQA Guidelines Section
15091(a), the City Council of Petaluma makes one or more of the required findings for each identified significant
impact, supported by substantial evidence, as set forth in the Findings of Fact, attached as Exhibit A and
incorporated herein by reference; and
WHEREAS, in compliance with CEQA Guidelines Section 15091(d), a Mitigation Monitoring and Reporting
Program for the project was prepared as set forth in Exhibit B, attached and incorporated herein by reference, to
ensure that all feasible mitigation measures which serve to reduce environmental impacts of the Project as
recommended by the Project EIR are fully implemented; and
WHEREAS, no physical development is proposed or would be approved as a result of City Council approving
the General Plan Amendment and adopting the Zoning Amendments; and
WHEREAS, approval of the Hotel as currently proposed is contingent upon approval of the GPA and
adoption (first and second reading) of the ZMA and ZTA; and
WHEREAS, approval of the Hotel is further contingent upon meeting the regulations, criteria, and findings
of the Overlay, subject to independent discretionary review at a separate, publicly noticed hearing of the Historic
and Cultural Preservation Committee; and
WHEREAS, physical development of other sites within the Overlay would be subject to separate
discretionary review processes, including Site Plan and Architectural Review (SPAR), Historic Site Plan and
Architectural Review (H-SPAR), and/or Conditional Use Permit (CUP); and
WHEREAS, consistent with the California Environmental Quality Act (CEQA), these discretionary actions
meet the definition of a project, and would be subject to independent CEQA analyses to determine potential
impacts of site-specific developments; and
WHEREAS, all future development proposals within the Overlay would also be subject to mitigation
measures contained in the MMRP, attached as Exhibit B, including 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 Council of Petaluma, as the lead agency, may rely on future
studies required by mitigation measures in the MMRP, attached hereto as Exhibit B for site-specific
developments as these future studies will inform site-specific mitigation design to fit on-the-ground
environmental conditions; and
WHEREAS, because the Overlay will not result in direct physical development, identifying site-specific
mitigation measures for potential impacts to the resource areas identified in the certified EIR is not appropriate at
this time as this would represent speculative analysis under CEQA; and
WHEREAS, on February 24, 2025, the City Council held a duly noticed public hearing to consider the
General Plan Amendment, at which time all interested parties had the opportunity to be heard; and
WHEREAS, on February 24, 2025, the City Council approved Resolution No. 2025-022 N.C.S. to amend
the General Plan and to make CEQA Findings of Fact and adopt a Mitigation Monitoring and Reporting Program
for the Project; and
WHEREAS, on March 17, 2025, the City Council held a duly noticed public hearing and repealed Resolution
No. 2025-022 N.C.S. that amended the General Plan and made CEQA Findings of Fact and adopted a Mitigation
Monitoring and Reporting Program for the Project; and
WHEREAS, on or before April 11, 2025, public notice was published in the Argus and mailed to all property
owners and occupants in the study area and within 1,000 feet of the perimeter of the study area and any interested
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party and via posters installed on the site of the Hotel at 2 Petaluma Boulevard South, consistent with noticing
requirements outlined in IZO Section 24.100; and
WHEREAS, this resolution is expressly for Ordinance No. 2900 N.C.S. and the concurrent Resolution No.
2025-047 N.C.S., which will adopt a General Plan Amendment to increase the allowable Floor Area Ratio for
areas within the Downtown Housing & Economic Opportunity Overlay from 2.5 to 6.0, for just Subarea A; and
WHEREAS, on April 21, 2025, the City Council held a duly noticed public hearing to consider the General
Plan Amendment, at which time all interested parties had the opportunity to be heard; and
NOW, THEREFORE, BE IT RESOLVED, by the council of the City of Petaluma as follows:
1. The above recitals are hereby declared to be true and correct and are incorporated into the resolution as
findings of the Petaluma City Council.
2. The potential environmental impacts of the Downtown Housing and Economic Opportunity Overlay,
including the proposed concurrent Zoning Code Amendments in Ordinance No. 2900 N.C.S, and General
Plan Amendments in Resolution No. 2025-047 N.C.S., were fully analyzed in the Downtown Housing and
Economic Opportunity Overlay and EKN Appellation Hotel Final EIR (SCH #2024040565) containing all
the requirements of CEQA Guidelines Section 15132, inclusive of references, appendices, and all attachments
thereto.
3. Adopts, as required by CEQA and based on substantial evidence in the record, the Findings of Fact regarding
potentially significant effects of the Project, attached as Exhibit A and incorporated herein by reference.
4. Adopts the Mitigation Monitoring and Reporting Program for the Project, attached as Exhibit B and
incorporated herein by reference, to ensure that all mitigation measures relied on in the Findings are fully
implemented. Compliance with the MMRP, as set forth therein, will be made a condition of any subsequent
Project approval.
5. The City Council action to adopt this resolution shall take effect immediately.
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 21st day of April
2025, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: McDonnell, Barnacle, Cader Thompson, Quint, Shribbs
NOES: Nau,
ABSENT: None
ABSTAIN: None
RECUSED: DeCarli
ATTEST: ______________________________________________
City Clerk ____________________________________________
Mayor
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Findings of Fact
Page 1 of 48
SECTION 1: INTRODUCTION
1.1 Statutory Requirements for Findings
Pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 (14 Cal.
Code Regs., §§ 15000 et seq.), the City Council of the City of Petaluma hereby makes the following
Findings with respect to the potential for significant environmental impacts related to the Downtown
Housing and Economic Opportunity Overlay and EKN Appellation Hotel Project (SCH
#2024040565) and means for mitigating those impacts. The Project is comprised of both the Overlay
and the Hotel, as described in Section 2, below. For the purpose of these Findings, the term
Environmental Impact Report (EIR) means the Draft and Final EIR documents collectively, along
with all attachments and references, unless otherwise specified.
These Findings do not attempt to describe the full analysis of each environmental impact contained
in the EIR. Instead, the Findings provide a summary description of each impact, identify the
applicable mitigation measures set forth in the EIR and adopted by the City, and state Findings on
the significance of each impact after imposition of the adopted mitigation measures. A full
explanation of these environmental findings and conclusions is in the EIR, and these Findings hereby
incorporate by reference the discussion and analysis in those documents supporting the EIR's
determinations regarding mitigation measures and the Project's impacts and mitigation measures
designed to address those impacts. The facts supporting these Findings are found in the record as a
whole for the Project.
In making these Findings, the City Council of Petaluma ratifies, adopts and incorporates into these
Findings the analysis and explanation in the EIR, and ratifies, adopts and incorporates into these
Findings the determination and conclusions of the EIR relating to environmental impacts and
mitigation measures, except to the extent that any such determinations and conclusions are
specifically and expressly modified by these Findings. In the event of any inconsistency between
these Findings and the EIR, the language in these Findings shall control. In the event of any
inconsistency between these Findings and the MMRP, the language in the MMRP shall control.
1.2 Organization/Format of Findings
Section 2 of these Findings contains a summary description of the Project, sets forth the objectives
of the Project and provides related background information. Section 3 identifies the Project’s
potential environmental effects that were determined to have no impact or to be less than significant,
and that do not require mitigation. Section 4 identifies the potentially significant effects of the Project
that were determined to be mitigated to a less-than-significant level. All numbered references
identifying specific mitigation measures refer to numbered mitigation measures found in the Final
EIR. Section 5 explains that there are no significant and unavoidable impacts associated with the
Project. Section 6 finds a reasonable range of Project alternatives was presented to the City Council
for consideration. Section 7 lists the anticipated benefits of approving the Project. Section 8 includes
a list of General Findings made and adopted by the City Council. These Findings summarize and
incorporate by reference, the impacts and mitigation measures from the Draft EIR, Final EIR,
Mitigation Monitoring and Reporting Plan (MMRP) and the Responses to Comments. The text of
the Draft and Final EIRs should be consulted for a complete description of the impacts and
mitigations.
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Findings of Fact
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SECTION 2: DOWNTOWN HOUSING AND ECONOMIC OVERLAY AND EKN
APPELLATION HOTEL PROJECT DESCRIPTION
2.1 Project Location
DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY LOCATION:
The Downtown Housing and Economic Opportunity Overlay (Overlay) is approximately 2.70-acres,
is located within Downtown, and is within 0.5 mile of the Downton Sonoma Marin Area Rail Transit
station. The Overlay comprises of Subarea A as illustrated in Draft EIR, Exhibit 6-1, and as described
below:
Overlay Subarea A: B Street, between Petaluma Boulevard South and 4th Street, to D Street,
including Assessors Parcel Numbers (APN) 008-063-005; 008-063-006; 008-063-007; 008-063-008;
008-063-009; 008-063-011; 008-063-012; 008-064-002; 008-064-004; 008-064-005; 008-064-007;
008-064-008; 008-064-010.
Each of the above parcels was included in the evaluation of the Project analyzed in Chapter 3,
Environmental Impact Analysis and Chapter 4, Additional Effects Evaluated in the Initial Study.
EKN APPELLATION HOTEL LOCATION: The EKN Appellation Hotel (Hotel) component is
located on an approximately 13,892-square-foot site at the southeast corner of Petaluma Boulevard
South and B Street within Overlay Area A. The address is 2 Petaluma Boulevard South, including
APNs 008-063-008; 008-063-009 & 008-063-011.
2.2 Project Objectives
The Applicant and City have developed the following primary objectives for the Project to satisfy
CEQA Guidelines Section 15124(b).
The Applicant’s objectives are to:
•Provide a high-quality hotel in Downtown Petaluma to address current and future unmet
demand for lodging.
•Support the local community by providing community amenities and services, including
indoor-outdoor gathering spaces to accommodate meetings and events, and a farm-to-table
restaurant that promotes local and regional chefs, restaurateurs, farmers, winemakers, and
artisans.
•Contribute to increasing the City's tax base by providing 93 hotel rooms, event space, and
food and beverage services in Downtown Petaluma.
The City’s objectives are to:
•Create a desirable location for visitors and the community by providing ground floor
activation, pedestrian scale façades, high quality streetscapes that include primary entrances
that face the street, links toward the Petaluma River with access and visibility, and context
sensitive building designs.
•Ensure that architectural design and materials introduced to the Overlay within the City of
Petaluma’s Downtown core are appropriate in their celebration of the past, present, and
future with a focus on sustainability.
•Promote a diversity of housing products by allowing for residential uses in ground floor
spaces and flexibility in building forms.
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•Support Downtown businesses and commerce by providing a diversity of accommodations,
a range of housing types, and a variety of commercial services.
•Provide opportunities for economic development by allowing for flexibility in building
forms and FAR to accommodate a variety of commercial services to meet evolving
demands.
•Preserve the Integrity of the Commercial Historic District and promote the preservation,
maintenance, and ongoing use of listed and eligible historic buildings within Petaluma’s
Downtown.
•Continue to preserve exceptional examples of architectural history while providing
opportunities to develop new exceptional examples of architecture in Downtown Petaluma.
•Incentivize investment to support local businesses, the community, and preserve the historic
character of the City’s Downtown core.
•Improve the function and design of the downtown core by establishing overlay sites to
promote development that would strengthen the attractiveness and the connectivity of
residential, mixed use and commercial areas to amenities and services in downtown area.
2.3 Project Description
DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY: The Overlay is
comprised of Subarea A, as described above. Implementation of the Overlay includes a General Plan
Amendment (GPA) to increase the maximum allowable floor area ratio (FAR) from 2.5 to 6.0,
representing a maximum additional 418,016 square feet of development above what is already
allowed by the General Plan within this defined area (298,583 square feet). The increase in maximum
FAR from 2.5 to 6 would allow for a potential increase in employment-generating uses, such as
retail, office, and commercial uses. The existing residential density requirements (30 dwelling
units/acre) would be maintained such that the Overlay would not result in an increase in residential
population beyond what is already projected as part of General Plan buildout. The Implementing
Zoning Ordinance (IZO) would be amended to apply new rules/development standards to properties
within the Overlay and a Zoning Text Amendment (ZTA) would increase the allowable building
height from 45 feet to 75 feet with a Conditional Use Permit (CUP). The Overlay would increase lot
coverage from 80% to 100% with a Conditional Use Permit (CUP), allow ground floor residential
uses, and establish development and design controls for properties within the Overlay. Additionally,
the Overlay would include a Zoning Map Amendment (ZMA) to establish the Downtown Housing
& Economic Opportunity Overlay on applicable parcels.
Portions of the Overlay are located within the boundaries of the Historic Commercial District, and,
as such, future projects within the Historic Commercial District would be subject to the rules and
regulations within the City’s discretionary planning entitlement of an Historic Site Plan and
Architectural Review (HSPAR), all applicable regulations from the Historic Commercial District
Design Guidelines, and the Secretary of the Interior’s Standards for the Treatment of Historic
Properties. Future projects within the Historic Commercial District would undergo a review and
approval process with the City’s Historic and Cultural Preservation Committee (HCPC). While the
proposed Overlay does not include any project-specific development, future projects consistent with
the Overlay would be required to adhere to the standards set related to sign design and content,
streetscape design, street tree placement, façade designs and materials composition.
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EKN APPELLATION HOTEL: This component of the project would construct a 6-story hotel
over a below grade parking garage, comprising 93 hotel rooms, an event space, and food service uses
at 2 Petaluma Blvd. South. No self-parking is included in the design. The below-grade parking garage
would provide valet parking for up to 58 vehicles using mechanical parking lifts. The ground floor
would include a restaurant with indoor and outdoor seating for up to 150 guests. Floors 2 through 5
would comprise 93 hotel rooms and a fitness room for hotel guests. Floor 6 would include a 1,444
square foot event space, and an approximately 5,514 square foot exterior bar/event space with seating
for up to 60 guests that is open to the public at least 8 hours per day and at least 120 days per year
The project would result in modifications to the public right-of-way including removal and
replacement of three street trees, removal of two existing driveways along the Petaluma Boulevard
South frontage, removal of the midblock crosswalk along B Street, removal of one curb-parking
space along B Street and reconfiguration of two curb-parking spaces along Petaluma Boulevard
South. The project would also include installation of a bus stop and shelter along Petaluma Blvd.
North adjacent to Center Park, which would result in the loss of three on-street parking spaces.
SECTION 3: EFFECTS DETERMINED TO HAVE NO IMPACT OR TO BE LESS THAN
SIGNIFICANT
Specific findings are not required for impacts that the EIR concludes have no impact or are less than
significant. Environmental Protection Info. (Ctr. v Department of Forestry & Fire Protection (2008)
44 Cal.4th 459, 522; Mira Mar Mobile Community v City of Oceanside (2004) 119 Cal.App.4th 477,
493.) See Browning-Ferris Indus. v City Council (1986) 181 Cal.App.3d 852, 862 (findings on air
quality and seismic effects not required when EIR does not identify any significant impacts).
Nonetheless, the City Council of Petaluma finds that, based upon substantial evidence in the EIR and
the record, as discussed below, the following environmental factors associated with the Project would
have no impact or a less-than-significant impact and no mitigation would be required.
3.1 Aesthetics
•The Project would not substantially damage scenic resources, including, but not limited to,
trees, rock outcroppings, and historic buildings within a State Scenic Highway. (Impact
AES-2)
•The Project is within an urbanized area. The Project would not conflict with applicable
zoning and other regulations governing scenic quality. (Impact AES-3)
•The Project would not create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area. (Impact AES-4)
•The effects of shadow and shade are not identified by CEQA or the City as potential
environmental impacts. The Project would not have an adverse impact on the physical
environment related to shade or shadow. (Impact AES-5)
3.2 Land Use and Planning
•The Project would not physically divide an established community. (Impact LAND-1)
3.3 Effects Evaluated in the Initial Study (Draft EIR, Chapter 4: Additional Effects,
Evaluated in the Initial Study)
•The Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping
and Monitoring Program of the California Resources Agency, to non-agricultural use.
(Draft EIR, Section 4.1.1, see also Section 6.4.1)
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•The Project would not conflict with existing zoning for agricultural use, or a Williamson
Act contract. (Draft EIR, Section 4.1.1, see also Section 6.4.1)
•The Project would not conflict with existing zoning for, or cause rezoning of, forest land (as
defined in Public Resources Code Section 12220(g)), timberland (as defined by Public
Resources Code Section 4526), or timberland zoned Timberland Production (as defined by
Government Code Section 51104(g)). (Draft EIR, Section 4.1.1, see also Section 6.4.1)
•The Project would not result in the loss of forest land or conversion of forest land to non-
forest use. (Draft EIR, Section 4.1.1, see also Section 6.4.1)
•The Project would not involve other changes in the existing environment which, due to their
location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to nonforest use. (Draft EIR, Section 4.1.1, see also Section
6.4.1)
•Cumulative Impact: The Project would not have a cumulative impact related to agriculture
and forestry resources. (Draft EIR, Section 4.1.1 see also Section 6.4.1)
•The Project would not result in other emissions (such as those leading to odors or) adversely
affecting a substantial number of people. (Draft EIR, Section 4.1.2, see also Section 6.4.1)
•Cumulative Impact: The Project would have a less than significant cumulative impact related
to air quality. (Draft EIR, Section 4.1.2, see also Section 6.4.1)
•The Project would not have a substantial adverse effect on any riparian habitat or other
sensitive natural community identified in local or regional plans, policies, and regulations
or by the California Department of Fish and Wildlife or United States Fish and Wildlife
Service. (Draft EIR, Section 4.1.3, see also Section 6.4.1)
•The Project would not have a substantial adverse effect on State or federally protected
wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other means. (Draft EIR, Section 4.1.3, see
also Section 6.4.1)
•The Project would not conflict with the provisions of an adopted Habitat Conservation Plan,
Natural Community Conservation Plan, or other approved local, regional, or State habitat
conservation plan. (Draft EIR, Section 4.1.3, see also Section 6.4.1)
•Cumulative Impact: The Project would have a less than significant cumulative impact related
to biological resources. (Draft EIR, Section 4.1.3, see also Section 6.4.1)
•The Project would not result in potentially significant environmental impact due to wasteful,
inefficient, or unnecessary consumption of energy resources, during project construction or
operation. (Draft EIR, Section 4.1.4, see also Section 6.4.1)
•Cumulative Impact: The Project would have a less than significant cumulative impact related
to energy. (Draft EIR, Section 4.1.4, see also Section 6.4.1)
•The Project would not have soils incapable of adequately supporting the use of septic tanks
or alternative wastewater disposal systems where sewers are not available for the disposal
of wastewater. (Draft EIR, Section 4.1.5, see also Section 6.4.1)
•Cumulative Impact: The Project would have a less than significant cumulative impact related
to geology, soils and seismicity. (Draft EIR, Section 4.1.5, see also Section 6.4.1)
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•Cumulative Impact: The Project would have a less than significant cumulative impact related
to greenhouse gas emissions. (Draft EIR, Section 4.1.6, see also Section 6.4.1)
•The Project would not create a significant hazard to the public or the environment through
the routine transport, use, or disposal of hazardous materials. (Draft EIR, Section 4.1.7, see
also Section 6.4.1)
•The Project would not emit hazardous emissions or handle hazardous or acutely hazardous
materials, substances, or waste within one-quarter mile of an existing or proposed school.
(Draft EIR, Section 4.1.7, see also Section 6.4.1)
•For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, the Project would not
result in a safety hazard or excessive noise for people residing or working in the project area.
(Draft EIR, Section 4.1.7, see also Section 6.4.1)
•The Project would not impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan. (Draft EIR, Section 4.1.7, see also
Section 6.4.1)
•The Project would not expose people or structures, either directly or indirectly, to a
significant risk of loss, injury or death involving wildland fires. (Draft EIR, Section 4.1.7,
see also Section 6.4.1)
•Cumulative Impact: The Project would have a less than significant cumulative impact related
to hazards and hazardous materials. (Draft EIR, Section 4.1.7, see also Section 6.4.1)
•The Project would not substantially decrease groundwater supplies or interfere substantially
with groundwater recharge such that the project may impede sustainable groundwater
management of the basin. (Draft EIR, Section 4.1.8, see also Section 6.4.1)
•The Project would not substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river or through the addition of
impervious surfaces, in a manner which would:
i. result in substantial erosion or siltation on- or off-site;
ii. substantially increase the rate or amount of surface runoff in a manner which would
result in flooding on- or off-site;
iii. create or contribute runoff water which would exceed the capacity of existing or
planned stormwater drainage systems or provide substantial additional sources of
polluted runoff; or impede or redirect flood flows. (Draft EIR, Section 4.1.8, see
also Section 6.4.1)
•The Project would not be located in a flood hazard zone, tsunami, or seiche zone, or risk
release of pollutants due to project inundation. (Draft EIR, Section 4.1.8, see also Section
6.4.1)
•The Project would not conflict with or obstruct implementation of a water quality control
plan or sustainable groundwater management plan. (Draft EIR, Section 4.1.8, see also
Section 6.4.1, see also Section 6.4.1)
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•Cumulative Impact: The Project would have a less than significant cumulative impact related
to hydrology and water quality with mitigation incorporated. (Draft EIR, Section 4.1.8, see
also Section 6.4.1)
•The Project would not result in the loss of availability of a known mineral resource that
would be of value to the region and the residents of the State. (Draft EIR, Section 4.1.9,
see also Section 6.4.1)
•The Project would not result in the loss of availability of a locally-important mineral
resource recovery site delineated on a local general plan, specific plan, or other local land
use plan. (Draft EIR, Section 4.1.9, see also Section 6.4.1)
•Cumulative Impact: The Project would not have a cumulative impact related to mineral
resources. (Draft EIR, Section 4.1.9, see also Section 6.4.1)
•The Project would not expose people residing or working in the project area to excessive
noise levels for a project located within the vicinity of a private airstrip or an airport land
use plan or, where such a plan has not been adopted, within two miles of a public airport or
public use airport. (Draft EIR, Section 4.1.10, see also Section 6.4.1)
•Cumulative Impact: The Project would have a less than significant cumulative impact related
to noise. (Draft EIR, Section 4.1.10, see also Section 6.4.1)
•The Project would not induce substantial unplanned population growth in an area, either
directly (for example, by proposing new homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure). (Draft EIR, Section 4.1.11, see also
Section 6.4.1)
•The Project would not displace substantial numbers of existing people or housing,
necessitating the construction or replacement housing elsewhere. (Draft EIR, Section
4.1.11, see also Section 6.4.1)
•Cumulative Impact: The Project would not have a cumulative impact related to population
and housing. (Draft EIR, Section 4.1.11, see also Section 6.4.1)
•The Project would not result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times or
other performance objectives for fire protection. (Draft EIR, Section 4.1.12, see also
Section 6.4.1)
•The Project would not result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times or
other performance objectives for police protection. (Draft EIR, Section 4.1.12, see also
Section 6.4.1)
•The Project would not result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times or
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other performance objectives for schools. (Draft EIR, Section 4.1.12, see also Section
6.4.1)
•The Project would not result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times or
other performance objectives for parks. (Draft EIR, Section 4.1.12, see also Section 6.4.1)
•The Project would not result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times or
other performance objectives for other public facilities. (Draft EIR, Section 4.1.12, see also
Section 6.4.1)
•Cumulative Impact: The Project would have a less than significant cumulative impact related
to public services. (Draft EIR, Section 4.1.12, see also Section 6.4.1)
•The Project would not increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would occur
or be accelerated. (Draft EIR, Section 4.1.13, see also Section 6.4.1)
•The Project would not require the construction or expansion of recreational facilities which
might have an adverse physical effect on the environment. (Draft EIR, Section 4.1.13, see
also Section 6.4.1)
•Cumulative Impact: The Project would have a less than significant cumulative impact related
to recreation. (Draft EIR, Section 4.1.13, see also Section 6.4.1)
•The Project would not conflict with a program plan, ordinance, or policy of the circulation
system, including transit, roadway, bicycle and pedestrian facilities. (Draft EIR, Section
4.1.14, see also Section 6.4.1)
•The Project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3,
subdivision (b). (Draft EIR, Section 4.1.14, see also Section 6.4.1)
•The Project would not result in inadequate emergency access. (Draft EIR, Section 4.1.14,
see also Section 6.4.1)
•Cumulative Impact: The Project would have a less than significant cumulative impact related
to transportation. (Draft EIR, Section 4.1.14, see also Section 6.4.1)
•The Project would not require or result in the relocation or construction of new or expanded
water, wastewater treatment or stormwater drainage, electric power, natural gas, or
telecommunications facilities, the construction or relocation of which could cause
significant environmental effects. (Draft EIR, Section 4.1.15, see also Section 6.4.1)
•The Project would have sufficient water supplies available to serve the project and
reasonably foreseeable future development during normal, dry and multiple dry years.
(Draft EIR, Section 4.1.15, see also Section 6.4.1)
•The Project would not result in a determination by the wastewater treatment provider which
serves or may serve the project that it has adequate capacity to serve the project’s projected
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demand in addition to the provider’s existing commitments. (Draft EIR, Section 4.1.15, see
also Section 6.4.1)
•The Project would not generate solid waste in excess of State or local standards, or in excess
of the capacity of local infrastructure, or otherwise impair the attainment of solid waste
reduction goals. (Draft EIR, Section 4.1.15, see also Section 6.4.1)
•The Project would comply with federal, State, and local statutes and regulations related to
solid waste. (Draft EIR, Section 4.1.15, see also Section 6.4.1)
•Cumulative Impact: The Project would have a less than significant cumulative impact related
to utilities and service systems. (Draft EIR, Section 4.1.15, see also Section 6.4.1)
•The Project would not substantially impair an adopted emergency response plan or
emergency evacuation plan. (Draft EIR, Section 4.1.16, see also Section 6.4.1)
•The Project would not, due to slope, prevailing winds, and other factors, exacerbate wildfire
risks and thereby expose project occupants to pollutant concentrations from a wildfire or the
uncontrolled spread of wildfire. (Draft EIR, Section 4.1.16, see also Section 6.4.1)
•The Project would not require the installation or maintenance of associated infrastructure
(such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may
exacerbate fire risk or that may result in temporary or ongoing impacts to the environment.
(Draft EIR, Section 4.1.16, see also Section 6.4.1)
•The Project would not expose people or structures to significant risks, including downslope
or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or
drainage changes. (Draft EIR, Section 4.1.16, see also Section 6.4.1)
•Cumulative Impact: The Project would have a less than significant cumulative impact related
to wildfire. (Draft EIR, Section 4.1.16, see also Section 6.4.1)
SECTION 4: EFFECTS DETERMINED TO BE MITIGATED TO LESS-THAN-
SIGNIFICANT LEVELS
The Draft EIR identified certain potentially significant effects that could result from implementation
of the Project. However, based upon substantial evidence in the EIR and the record, the City Council
finds that for each of the significant or potentially significant impacts identified in this section, that
mitigations have been required or incorporated into the Project which avoid or substantially lessen
the significant effects as identified in the Final EIR. Thus, adoption of these mitigation measures set
forth below will reduce these potentially significant effects to less-than- significant levels. Adoption
of the recommended mitigation measures will effectively make the mitigation measures part of the
Project, as the recommended mitigation measures will be enforced as conditions of approval for the
Project. The following summarizes the rationale to support these findings, as presented in detail,
including the data and analysis, in the Final EIR:
4.1 Aesthetics
Impact AES-1: The Project could have a substantial adverse effect on a scenic vista/resource. (Draft
EIR, p. 3.1-17)
However, implementation of Mitigation Measure (MM) Overlay CUL-1e would reduce Project
effects on scenic vistas or resources to less than significant.
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Mitigation Measure
Overlay CUL-1e: Future developments within the Overlay that propose height above 45-feet or a
lot coverage about 80 percent would be required to obtain a Conditional Use Permit (CUP) issued
by the Planning Commission (PC) based on specific findings after a public hearing. A CUP can only
be granted if the building height is 75 feet or below. Affirmative findings for each of the following
criteria, supported by substantial evidence in the record, is required for approval of a CUP application
for increased height up to 60 feet:
1. That the additional height is consistent with the applicable purposes of the Overlay;
2. That the additional height makes a positive contribution to the overall character of the area
and that the building will be compatible with its surroundings. The “positive contribution”
and “compatibility” will be assessed using a combination of visual studies, line-of-sight
drawings, photo simulations, 3-D modeling, and view shed analysis;
3. That the additional height would not adversely affect the exterior architectural
characteristics or other features of the property which is the subject of the application, nor
adversely affect its relationship in terms of harmony and appropriateness with its
surroundings, including neighboring structures, nor adversely affect the character, or the
historical, architectural, or aesthetic interest or value of the district;
4. That the additional height will not result in unreasonable restrictions of light and air to
adjacent properties or the public right-of-way, or otherwise be detrimental to the public
health, safety, or welfare;
5. That the building design expresses a relationship to an existing datum line or lines of the
street wall or adjacent historic resource, if any; and
6. That the overall building design and the use of the site demonstrates exceptional
architecture/design. “Exceptional” architecture/design may be demonstrated by any of the
following:
a. The use of innovative, creative or original architectural concepts, materials, or
building techniques;
b. The use of visual elements that contribute positively to the built environment, such
as well-proportioned facades, pleasing materials, and unique features;
c. The use of innovative building systems or forms, and/or the use of creative design,
to increase building efficiency and to reduce energy consumption;
d. The use of low impact development and green infrastructure features in sustainable
design and landscaping; or
e. The use of high-quality building materials that contribute to long-term durability and
visual quality.
The determination of exceptional architecture/design shall be guided by the input of a
qualified professional chosen by the City.
Additional findings must be made for buildings that are between 60 and 75 feet. A Project must
include at least 1 of the community benefits described in 1 & 2, and 1 of the community benefits
described in 3, 4, or 5, below:
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1. Improves the existing streetscape by providing widened sidewalks, additional street trees,
new mid-block walkways/paseos, public plazas, parks, etc. For a project that would widen
the sidewalk by increasing the ground floor building setback, a public outdoor amenity
space shall be included in the design, and this space shall be designed and configured to
provide adequate space for pedestrian movement and activity; or
2. Provides publicly accessible private open space, such as a street-level park or rooftop
open space that is open to the public at least 8 hours per day and at least 120 days per
year; and
3. Respects and/or preserve cultural, historical, or archaeological resources that exist or
occur onsite or within the Overlay; or
4. Exceeds the minimum number of Inclusionary Dwelling units required by Section 3.040;
or
5. Provides all required parking below grade.
The Planning Commission may approve a Conditional Use Permit to allow for additional lot
coverage above 80 percent if any one or more of the following are true for a project:
1. The development improves the existing streetscape by providing widened sidewalks,
additional street trees, new mid-block walkways/ paseos, public plazas, parks, etc.;
2. The additional lot coverage would reflect the prevailing development pattern established
by the existing development within the block or abutting block;
3. The development includes adequate provision for recycling and solid waste;
4. The development includes adequate space for street trees; or
5. The development includes other measures to enhance the pedestrian environment.
Finding for Impact AES-1: MM Overlay CUL-1e would reduce Project effects related to scenic
vistas and resources to less than significant. Pursuant to CEQA Guidelines, the City Council finds
that MM Overlay CUL-1e will be incorporated into the Project via conditions of approval for the
Overlay and will reduce Impact AES-1 to a less-than-significant level.
Rationale for Finding: There are no designated scenic vistas within the City; however, the General
Plan designates scenic and visual resources. For the purposes of these Findings, the Historic
Commercial District and historic buildings are considered scenic resources. Besides the Hotel, it is
unknown the exact location and size of the development within the Overlay and therefore future
development could have a potential impact on historic resources. However, identified scenic
resources would be protected through implementation of MM Overlay CUL-1e, which requires that
all future individual development projects obtain a Conditional Use Permit (CUP) that propose a
height above 45 feet or lot coverage above 80 percent. Because both the City’s SPAR/HSPAR
process and MM Overlay CUL-1e, provide a mechanism by which potential impacts to scenic
resources are assessed at the project level, future project level development consistent with the
Overlay would not result in a potentially significant impact to scenic resources or vistas. Therefore,
after applying the measure, the impact would be less than significant.
Construction of the Hotel would not significantly impede any public views of the Historic District
or historic buildings, Sonoma Mountains, or Petaluma River. Nonetheless, as discussed above, there
is a potential for impacts to occur within the Overlay, and, as the Hotel would be located within
Overlay Area A with a proposed height of 66 feet, 7-inches, and a lot coverage of 100 percent, it
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would be required to comply with the SPAR/HSPAR process and obtain a CUP. Impacts would be
less than significant.
Cumulative Aesthetic Impact: The Project could have a cumulative impact related to scenic
resources. All other cumulative impacts related to aesthetics are less than significant without
mitigation. (Draft EIR, p. 3.1-28, see also Draft EIR, p. 4-10)
However, implementation of MM Overlay CUL-1e, would reduce cumulative impacts on scenic
resources to less than significant.
Mitigation Measures
Overlay CUL-1e: See above.
Finding for Cumulative Aesthetic Impacts: MM Overlay CUL-1e would reduce cumulative
impacts to less than significant. Pursuant to CEQA Guidelines, the City Council finds that MM
Overlay CUL-1e will be incorporated into the Project via conditions of approval for the Overlay
and will reduce cumulative impacts to a less-than-significant level.
Rationale for Finding: Besides the Hotel, it is unknown the exact location, amount, and size of
future development that may be proposed within the Overlay and therefore future development could
have a potential cumulative impact on historic resources. However, MM Overlay CUL-1e requires
future projects consistent with the Overlay that seek to build above 45 feet comply with the CUP
entitlement process. Additionally, future development and the Hotel, as explained above would be
required to comply with the City’s SPAR/HSPAR processes. Therefore, after applying MM Overlay
CUL-1e and these processes, the impact would be less than significant.
4.2 Cultural Resources and Tribal Cultural Resources
Impact CUL-1: The Project could cause a substantial adverse change in the significance of a
historical resource pursuant to Section 15064.5. (Draft EIR, p. 3.2-52)
However, implementation of MM Overlay CUL-1a through MM Overlay CUL-1e would reduce
Project effects on cultural resources and tribal cultural resources during construction to less than
significant.
Mitigation Measures
Overlay CUL-1a:Individual development projects which propose to alter a building or structure
greater than 45 years of age shall be subject to a Historical Resources Evaluation (HRE), performed
by an architectural historian or historian who meets the Secretary of the Interior’s Professionally
Qualified Standards in architectural history or history. The HRE shall include a records search to
determine whether any resources that may be potentially affected by the project have been previously
recorded, evaluated, and/ or designated in the National Register of Historic Places (NRHP),
California Register of Historical Resources (CRHR), or a local register. Following the records search,
the qualified architectural historian shall conduct a survey in accordance with the California Office
of Historic Preservation (OHP) guidelines to identify any previously unrecorded potential historical
resources that may be potentially affected by the Project.
The criteria for determining a historically significant building or structure shall meet one or more of
the criteria outlined in Public Resources Code Section 5024.1 and California Environmental Quality
Act (CEQA) Guidelines Section 15064.5(a).
Overlay CUL-1b:Properties identified as historically significant resources shall contain proper
documentation meeting the Historic American Building Survey (HABS) Guidelines that shall be
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prepared and implemented, as approved by the qualified historian meeting the Secretary of the
Interior’s Professional Qualifications Standards. Such documentation shall include drawings,
photographs, and written data for each building/structure/element, and provide a detailed mitigation
plan, including a monitoring program, recovery, rehabilitation, redesign, relocation, and/or in situ
preservation plan.
Overlay CUL-1c: To ensure that projects requiring the relocation, rehabilitation, or alteration of a
historical resource do not impact the resource’s significance, the Secretary of Interior’s Standards
for the Treatments of Historic Properties shall be used to the maximum extent possible. The
application of the standards shall be overseen by a qualified architectural historian or historic
architect meeting the Professional Qualified Standards. Prior to any construction activities that may
affect the historical resource, a Historic Resource Evaluation (HRE) identifying and specifying the
treatment of character-defining features and construction activities shall be provided to the City for
review and approval.
Overlay CUL-1d: If a Project would result in the significant alteration of historical resources,
recordation of the resource prior to construction activities will assist in reducing adverse impacts to
the resource to the greatest extent possible. Recordation shall take the form of Historic American
Buildings Survey, Historic American Engineering Record, or Historic American Landscape Survey
documentation and shall be performed by an architectural historian or historian who meets the
Professional Qualified Standards. Documentation shall include an architectural and historical
narrative; medium- or large-format black-and-white photographs, negatives, and prints; and
supplementary information such as building plans and elevations, and/or historical photographs.
Documentation shall be reproduced on archival paper and placed in appropriate local, State, or
federal institutions. The specific scope and details of documentation are to be developed in
coordination with the City of Petaluma.
Overlay CUL-1e: See above.
Finding for Impact CUL-1: MM Overlay CUL-1a through Overlay CUL-1e would reduce
Project effects related to the Overlay on cultural resources and tribal cultural resources during
construction to less than significant. The Hotel would result in less than significant impacts; however,
because it is located in the Overlay, it would be required to obtain a CUP. Pursuant to CEQA
Guidelines, the City Council finds that MM Overlay CUL-1a through Overlay CUL-1e will be
incorporated into the Project for the Overlay via conditions of approval and will reduce impacts
under Impact CUL-1 to a less-than-significant level.
Rationale for Finding: The exact location and scale of any specific development due to the Overlay
is unknown and therefore could result in a potential impact to a historical resource. To minimize
potential impacts to historic resources from future development within the Overlay, MM Overlay
CUL-1a, MM CUL-1b, MM CUL-1c, and MM CUL-1d require that individual development
projects that propose to alter a building or structure greater than 45 years of age at the time an
application is submitted be subject to a Historic Resources Evaluation, prepared by a qualified
historic preservation specialist, in order for the City to determine whether the building or structure
may be a historic resource and take appropriate action, such as requiring additional site-specific or
project-specific measures to reduce any potential impacts. Furthermore, MM Overlay CUL-1e
would require that future individual development projects under the proposed Overlay that propose
a height above 45 feet or a lot coverage above 80 percent obtain a CUP by meeting certain
requirements. With implementation of MM Overlay CUL-1e, the Overlay would result in less than
significant impacts to historic resources. The Hotel would result in less than significant impacts;
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however, because it is located in the Overlay, it would be required to obtain a CUP, and as such
would have a less than significant impact.
Given the lack of historic resources on the Hotel site, and the fact that the immediately adjacent
properties are not eligible for federal, State, and local designation as historic resources, none of the
properties within the neighborhood block containing the Hotel site are considered historical
resources under CEQA. Nonetheless, given the site’s location within the Petaluma Historic
Commercial District, the Hotel would be mandatorily developed according to the Petaluma Historic
Commercial District Design Guidelines for new construction projects. The Historic Built
Environment Impacts Assessment concluded that the Hotel would not introduce incompatible
massing and scale, and the proposed Hotel would be in general conformance with the Petaluma
Historic Commercial District Design Guidelines and the Hotel design was found to be consistent
with the Secretary of Interior Standards for Rehabilitation and guidelines for Rehabilitating Historic
Buildings. As such, the proposed Hotel would not impact the Petaluma Historic Commercial
District’s ability to continue to convey its significance and would not cause a substantial adverse
change in the significance of a historical resource. Therefore, the Hotel would result in less
significant impacts to historic resources and no project specific mitigation would be required for
development of the proposed Hotel. However, as the Hotel is being developed within the Overlay
above 45 feet, the Hotel will be subject to CUL-1e.
Impact CUL-2: The Project could cause a substantial adverse change in the significance of an
archaeological resource pursuant to Section 15064.5. (Draft EIR, p. 3.2-58)
However, implementation of MM Overlay CUL-2, MM EKN CUL-2a, MM EKN CUL-2b and
MM EKN CUL-2c would reduce Project effects on substantial adverse impacts to archaeological
resources to less than significant.
Mitigation Measures
Overlay CUL-2: To determine the archaeological sensitivity for individual development projects
within the Overlay Area, and pursuant to General Plan Policy Impact 3-P-1(D-K), an archaeological
resources assessment shall be performed under the supervision of an Archaeologist that meets the
Secretary of the Interior’s Professional Qualified Standards in either prehistoric or historic
archaeology. The assessments shall include a California Historical Resources Information System
(CHRIS) records search at the Northwest Information Center (NWIC) and a search of the Sacred
Lands File (SLF) maintained by the Native American Heritage Commission (NAHC). The records
searches shall determine if the proposed project has been previously surveyed for archaeological
resources, identify and characterize the results of previous cultural resource surveys, and disclose
any cultural resources that have been recorded and/or evaluated. A Phase I pedestrian survey shall
be undertaken in areas that are developed and undeveloped to locate any surface cultural materials.
The Federated Indians of Graton Rancheria (FIGR) shall be notified of the assessment and invited to
participate in pedestrian survey(s). Tribal consultation with FIGR will occur during each phase:
cultural identification, assessment, monitoring, discovery and post-discovery, reburial, etc. . . and
will also include a FIGR Tribal Monitor for cultural awareness training, testing, and for all ground
disturbing activities.
1. The City shall consult with FIGR to prioritize avoidance of impacts to tribal cultural resources
by determining the most culturally sensitive approach to redesign the project, as feasible.
2. If potentially significant archaeological resources are identified through an archaeological
resources assessment, and impacts to these resources cannot be avoided, a Phase II Testing
and Evaluation investigation shall be performed by an Archaeologist who meets the
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Professional Qualified Standards and a qualified FIGR Tribal Monitor prior to any
construction-related ground-disturbing activities to determine significance. Potentially
significant cultural resources consist of, but are not limited to, stone, bone, fossils, wood, or
shell artifacts or features, including hearths, structural remains, or historic dumpsites. No
further grading shall occur in the area of the discovery until the Lead Agency approves the
measures to protect these resources, which may include but is not limited to, cultural
sensitivity and awareness training, testing, and archaeological and FIGR Tribal monitoring.
If resources are determined significant or unique through Phase II testing, the City shall
consult with the qualified Archaeologist and in collaboration with the qualified FIGR Tribal
Monitor to determine the most culturally sensitive approach to redesign the project and avoid
archaeological and tribal cultural resources as feasible. If resources are determined significant
or unique through Phase II testing, and site avoidance is not possible, appropriate site-specific
mitigation measures shall be established and undertaken. These might include a Phase III
data recovery program that would be implemented by a qualified Archaeologist, in
collaboration with the Federated Indians of Graton Rancheria (FIGR) involvement and shall
be performed in accordance with the California Office of Historic Preservation’s (OHP)
Archaeological Resource Management Reports (ARMR). Any previously undiscovered
resources found during construction within the project site shall be recorded on appropriate
California Department of Parks and Recreation (DPR) forms and evaluated for significance
in terms of California Environmental Quality Act (CEQA) Guidelines. Any archaeological
artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution
approved by the City of Petaluma, where they would be afforded long-term preservation to
allow future scientific study. Any Tribal Cultural Resources encountered shall be managed
in accordance with a City of Petaluma and FIGR approved treatment and recovery plan.
3. If the archaeological assessment did not identify potentially significant archaeological
resources within the proposed project area but indicated the area to be highly sensitive for
archaeological resources and tribal cultural resources, or upon request by the FIGR, then a
pre-construction cultural resources training (which may include but is not limited to cultural
sensitivity and awareness training and testing) shall be conducted by a qualified
Archaeologist and a qualified FIGR Tribal Monitor. The Archaeologist, in collaboration with
the Tribal monitor, shall inform all construction personnel prior to construction activities of
the proper procedures in the event of an archaeological discovery. The training shall be held
in conjunction with the project’s initial on-site safety meeting and shall explain the
importance and legal basis for the protection of significant archaeological resources and tribal
cultural resources. This shall be followed by monitoring of all ground-disturbing construction
and pre-construction activities in areas with previously undisturbed soil by a qualified
Archaeologist and qualified FIGR Tribal Monitor. In the event that archaeological resources
(artifacts or features) are exposed during ground-disturbing activities, construction activities
within 100 feet of the discovery shall be halted while the resources are evaluated for
significance by an Archaeologist who meets the Professional Qualified Standards, in
collaboration with a FIGR Tribal Monitor. If the discovery proves to be significant, the
qualified Archaeologist, in collaboration with the Tribal monitor, shall make
recommendations to the City of Petaluma on the measures that shall be implemented to
protect the discovered resources, including but not limited to avoidance or capping,
incorporation of the site in green space, parks, or open space, or data recovery excavation of
the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA
Guidelines.
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4. If the archaeological assessment did not identify potentially significant archaeological
resources but indicates the area to be of medium sensitivity for archaeological resources and
tribal cultural resources, an Archaeologist who meets the Professional Qualified Standards
and a qualified FIGR Tribal Monitor shall be retained on an on-call basis. The Archaeologist,
in collaboration with the Tribal monitor, shall inform all construction personnel prior to
construction activities about the proper procedures in the event of an archaeological
discovery. The training shall be held in conjunction with the project’s initial on-site safety
meeting and shall explain the importance and legal basis for the protection of significant
archaeological resources and tribal cultural resources. In the event that archaeological
resources (artifacts or features) are exposed during ground-disturbing activities, construction
activities within 100 feet of the discovery shall be halted while the on-call Archaeologist is
contacted. If the discovery proves to be significant, the qualified Archaeologist, in
collaboration with the Tribal monitor, shall make recommendations to the City of Petaluma
on the measures that shall be implemented to protect the discovered resources, including but
not limited to excavation of the finds and evaluation of the finds in accordance with Section
15064.5 of the CEQA Guidelines.
MM EKN CUL-2a: Archaeological Monitoring Plan and Archaeological Monitoring (for the
Hotel). Prior to submittal of plans for building permit, the applicant shall obtain the services of a
Secretary of Interior qualified Archaeologist to prepare an Archaeological Monitoring Plan (AMP)
and provide archaeological and FIGR Tribal monitoring of project-related ground-disturbing
activities. The AMP shall contain a provision for a pre-construction meeting and worker
environmental Cultural Resource Awareness Training by a qualified Archaeologist and a qualified
FIGR Tribal Monitor. The AMP shall take into account the findings of the Historical Human
Remains Detection Canine (HHRDC) and Ground-Penetrating Radar (GPR) surveys and incorporate
protocols for the identification, documentation and evaluation of buried archaeological features and
human remains. The AMP shall provide details of the exploratory Phase II Auger testing that will
occur prior to ground disturbing activities. The AMP shall also provide procedures and guidelines
for proper notification to FIGR, other Tribes, agencies, and stakeholders, as well as a curation and/or
reburial plan for recovered materials. The archaeological and FIGR Tribal monitor shall be
empowered to halt construction activities at the location of a discovery to review possible
archaeological material and to protect the resource while it is being assessed. Archaeological and
FIGR tribal monitoring shall occur on a full-time basis until, 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 and provided to the City of Petaluma and
FIGR.
MM EKN CUL-2b: Archaeological Auger Testing (for the Hotel). Prior to ground-disturbing
activities, exploratory hand-auger excavation shall be conducted in the area marked in green on the
aerial photograph in Figure 18 of the Results of the Ground-Penetrating Radar (GPR) and Historical
Human Remains Detection Canine (HHRDC) Survey, prepared by Evans & DeShazo Archaeology
and Historic Preservation (EDS) on September 25, 2023, to determine the presence/absence of a
Native American archaeological resources. The exploratory hand-auger excavation shall extend to
at least 1 meter, which is the maximum depth in which the layered, sloping strata was detected by
the GPR. The spoils produced from the excavations shall be screened through 0.25-inch mesh to
inspect the soil for artifacts or other indications of an archaeological resource. Each excavation shall
be backfilled upon completion. A qualified Archaeologist, a Federated Indians of Graton Rancheria
(FIGR) Tribal Monitor shall be present for the excavation, and any artifacts identified within the
excavations shall be subject to in-field analysis (i.e., photographs, descriptions, measurements, etc.),
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and any discovered tribal cultural resources be given to the FIGR Tribal Monitor for appropriate
treatment.
MM EKN CUL-2c: Post-review Discoveries (for the Hotel). If an archaeological deposit is
encountered during project-related ground-disturbing activities, all work within 50 feet of the
discovery shall be redirected until a Secretary of Interior qualified Archaeologist, in collaboration
with a qualified FIGR Tribal monitor, inspects the material, assess its historical significance, and
provides recommendations for the treatment of the discovery. Potentially significant historic era
resources may include all byproducts of human land use greater than 50 years of age, including
subsurface deposits of domestic type material (e.g., glass, ceramic, metal, wood, faunal remains,
brick), buried alignments of stone, brick, or foundation elements, or infrastructure related to previous
buildings, and possible features associated with open workspaces or yard spaces (e.g., stone/brick
foundations; chimney remains; ceramics; buttons; insignia; bullets; tools; and fragments of ceramics,
glass, metal, wood, faunal, brick, concrete, coal, botanical remains). Potentially significant
prehistoric resources include midden soils, artifacts such as faunal bone, groundstone, fire-affected
rock, baked clay, modified bone and/or shell, flake stone debitage, flake stone tools, etc., and features
such as house floors, cooking pits, and interred burials.
Finding for Impact CUL-2: Pursuant to CEQA Guidelines, the City Council finds that MM
Overlay CUL-2 would reduce Project effects related to development consistent with the Overlay to
less than significant. Hotel specific MM EKN CUL-2a through MM EKN 2c would reduce impacts
associated with the Hotel to below a level of significance. Pursuant to CEQA Guidelines, the City
Council finds that MM Overlay CUL-2 will be incorporated into the Project via conditions of
approval with respect to the Overlay and MM EKN CUL-2a through MM EKN CUL-2c will be
incorporated into the Project via conditions of approval for the Hotel. With implementation of these
measures, Impact CUL-2 would be reduced to a less-than-significant level.
Rationale for Finding: Future individual development projects consistent with the Overlay would
be required to implement MM Overlay CUL-2, which requires an archaeological resources
assessment as well as a pedestrian survey. With implementation of MM OVERLAY CUL-2
potential impacts resulting from a substantial adverse change in the significance of an archaeological
resource or TCR would be reduced to a less than significant level.
The Hotel shall implement MM EKN CUL-2a, which requires exploratory hand-auger excavation
as recommended in the GPR study; MM EKN CUL-2b, which requires preparation of an
Archaeological Monitoring Plan and ongoing archaeological monitoring during project construction;
and MM EKN CUL-2c, which requires, in the event that archaeological resources are uncovered,
that all work within 50 feet of the discovery stop until such time as its historical significance can be
assessed. With implementation of MM EKN CUL-2a, 2b, and 2c, the Hotel’s potential impacts
resulting from a substantial adverse change in the significance of an archaeological resource or TCR
would be reduced to a less than significant level.
Impact CUL-3: The Project could disturb human remains, including those interred outside of formal
cemeteries. (Draft EIR, p. 3.2-63)
However, implementation of MM EKN CUL-3 would reduce Project effects associated with the
Hotel on human remains to less than significant.
Mitigation Measures
EKN CUL-3:If human remains are encountered within the project area during project-related
ground-disturbing activities, all work must stop within 100-feet of the discovery area, the area and
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associated spoils shall be secured to prevent further disturbance. The Sonoma County Coroner must
be notified immediately. It is important that the suspected human remains, and the area around them,
are undisturbed and the proper authorities are called to the scene as soon as possible. The Coroner
shall determine if the remains are prehistoric Native American remains or of modern origin and if
any further investigation by the Coroner is warranted. If the remains are suspected to be prehistoric
Native American remains, the Coroner shall contact the Native American Heritage Commission
(NAHC) by telephone within 24-hours. The NAHC will immediately notify the person it believes to
be the Most Likely Descendant (MLD) of the remains. The MLD has 48 hours to make
recommendations to the landowner for treatment or disposition of the human remains. If the MLD
does not make recommendations within 48 hours, the landowner shall reinter the remains in the
project area, in a location that will be secure from future disturbances. If the landowner does not
accept the descendant’s recommendations, the owner or the descendant may request mediation by
NAHC. According to the California Health and Safety Code, six (6) or more human burials at one
(1) location constitute a cemetery (Section 8100), and willful disturbance of human remains is a
felony (Section 7052). A Secretary of Interior qualified Archaeologist shall also evaluate the
historical significance of the discovery and the potential for additional remains and provide further
recommendations for the treatment of the resource in coordination with the MLD.
Finding for Impact CUL-3: Pursuant to CEQA Guidelines, the City Council finds that impacts
related to the Overlay are less than significant. MM EKN CUL-3 would reduce Project effects
related to discovery of human remains on the Hotel site to less than significant. Further, pursuant to
CEQA Guidelines, the City Council finds that MM EKN CUL-3 will be incorporated into the Project
via conditions of approval for the Hotel and will reduce Impact CUL-3 to a less-than-significant
level.
Rationale for Finding: There are no known human remains in the Project area and the Hotel site
has already been previously developed. Nonetheless, projects proposed under the Overlay would be
required to comply with inadvertent discovery procedures in CEQA Guidelines Section
15064.5(d)—Effects on Human Remains. As further detailed in the EIR, inadvertent discovery
procedures for human remains include stopping all work within 100-feet of the discovery until
notification and treatment procedures are fulfilled. Therefore, potential impacts to human remains
from the proposed Overlay would be less than significant.
As detailed in the EIR, it is possible that human remains may be present on the Hotel site. To ensure
that the project does not result in impacts due to the disturbance of human remains, compliance with
MM EKN CUL-3 shall be required. With the implementation of MM EKN CUL-3, potential
impacts to human remains resulting from the construction of the proposed Hotel would be reduced
to a less than significant level.
Impact CUL-4: The Project could cause a substantial adverse change in the significance of a Tribal
Cultural Resource, defined in Public Resources Code Section 21074 as either a site, feature, place,
cultural landscape that is geographically defined in terms of the size and scope of the landscape,
sacred place, or object with cultural value to a California Native American Tribe, and that is listed
or eligible for listing in the California Register of Historical Resources, or in a local register of
historical resources as defined in Public Resources Code Section 5020.1(k). (Draft EIR, p. 3.2-64)
However, implementation of MM Overlay CUL-2, MM EKN CUL-2a, MM EKN CUL-2b, MM
EKN CUL-2c, and MM EKN CUL-3 would reduce Project effects related to tribal cultural
resources to less than significant.
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Mitigation Measures
Implement MM Overlay CUL-2, MM EKN CUL-2a, MM EKN CUL-2b, MM EKN CUL-2c,
and MM EKN CUL-3, above.
Finding for Impact CUL-4: Pursuant to CEQA Guidelines, the City Council finds that
implementation of MM Overlay CUL-2, would ensure that future development consistent with the
Overlay is less than significant and will be incorporated into the Project via conditions of approval
for the Overlay. With respect to the Hotel, pursuant to CEQA Guidelines, the City Council finds that
implementation of MMM EKN CUL-2a, MM EKN CUL-2b, MM EKN CUL-2c, and MM EKN
CUL-3 would reduce Project effects related to tribal cultural resources on the Hotel site and will be
incorporated into the Project via conditions of approval for the Hotel and will reduce Impact CUL-4
to a less-than-significant level.
Rationale for Finding: Future development under the proposed Overlay has the potential to uncover
buried TCRs through ground-disturbing activities (e.g., grading and excavation). Through
implementation of MM Overlay CUL-2 and compliance with applicable General Plan policies and
State regulations, impacts resulting from a substantial adverse change in the significance of a pre-
contact archaeological resource and TCRs would be less than significant for projects consistent with
the Overlay.
While no definitive archaeological site features were identified, one area of the Hotel site was
identified as having the potential to contain buried resources due to the layered, sloping strata. Given
the presence of these resources, and the archaeological sensitivity of the Hotel site, the proposed
Hotel development could result in a potentially significant impact. However, MM EKN CUL-2a,
MM EKN CUL-2b, MM EKN CUL-2c, and MM EKN CUL-3 would ensure that these resources,
as well as any potential undiscovered resources, are protected during construction of the Hotel.
Impact CUL-4 would be less than significant with mitigation incorporated.
Impact CUL-5: The Project could cause a substantial adverse change in the significance of a Tribal
Cultural Resource, defined in Public Resources Code Section 21074 as either a site, feature, place,
cultural landscape that is geographically defined in terms of the size and scope of the landscape,
sacred place, or object with cultural value to a California Native American Tribe, and that is a
resource determined by the lead agency, in its discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section
5024.1. (Draft EIR, p. 3.2-65)
However, implementation of MM Overlay CUL-2, MM EKN CUL-2a, MM EKN CUL-2b, MM
EKN CUL-2c, and MM EKN CUL-3 would reduce Project effects related to tribal cultural
resources to less than significant.
Mitigation Measures
Implement MM Overlay CUL-2, MM EKN CUL-2a, MM EKN CUL-2b, MM EKN CUL-2c,
and MM EKN CUL-3, above.
Finding for Impact CUL-5: Pursuant to CEQA Guidelines, the City Council finds that
implementation of MM Overlay CUL-2, would ensure that future development consistent with the
Overlay is less than significant and will be incorporated into the Project via conditions of approval
for the Overlay. With respect to the Hotel, pursuant to CEQA Guidelines, the City Council finds that
implementation of MM EKN CUL-2a, MM EKN CUL-2b, MM EKN CUL-2c, and MM EKN
CUL-3 would reduce Project effects related to tribal cultural resources on the Hotel site to less than
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significant and will be incorporated into the Project via conditions of approval for the Hotel. Impact
CUL-5 would be less than significant with mitigation incorporated.
Rationale for Finding: Future development under the proposed Overlay has the potential to uncover
buried TCRs through ground-disturbing activities (e.g., grading and excavation). Through
implementation of MM Overlay CUL-2 and compliance with applicable General Plan policies and
State regulations, impacts resulting from a substantial adverse change in the significance of a pre-
contact archaeological resource and TCRs would be less than significant for projects consistent with
the Overlay.
While no definitive archaeological site features were identified, one area of the Hotel site was
identified as having the potential to contain buried resources due to the layered, sloping strata. Given
the presence of these resources, and the high archaeological sensitivity of the project site, the
proposed Hotel development could result in a potentially significant impact. However, MM EKN
CUL-2a, MM EKN CUL-2b, MM EKN CUL-2c, and MM EKN CUL-3 would ensure that these
resources, as well as any potential undiscovered resources, are protected during construction of the
Hotel.
Impact CUL-5 would be less than significant with mitigation incorporated.
Cumulative Cultural Resources and Tribal Cultural Resources Impact: The Project would have
a less than significant cumulative impact related to cultural resources and tribal cultural resources
with the implementation of mitigation. (Draft EIR, p. 3.2-66)
Implementation of MM Overlay CUL-2, MM EKN CUL-2a, MM EKN CUL-2b, MM EKN
CUL-2c, and MM EKN CUL-3 would reduce cumulative Project effects related to cultural
resources and tribal cultural resources to less than significant.
Mitigation Measures
Implement MM Overlay CUL-2, MM EKN CUL-2a, MM EKN CUL-2b, MM EKN CUL-2c,
and MM EKN CUL-3, above.
Finding for Cumulative Cultural Resources and Tribal Cultural Resources Impact: Cumulative
development would be required to comply with long-term planning documents and regulatory
agency policies (including, but not limited to, evaluation requirements and inadvertent discovery
procedures) that would reduce impacts to potential cultural resources and TCRs. Cumulative impacts
would be less than significant. Pursuant to CEQA Guidelines, the City Council finds that
implementation of MM Overlay CUL-1 and MM Overlay CUL-2, would ensure that cumulative
development consistent with the Overlay is less than significant and will be incorporated into the
Project via conditions of approval for the Overlay.
Pursuant to CEQA Guidelines, the City Council finds that implementation of MM EKN CUL-2a,
MM EKN CUL-2b, MM EKN CUL-2c, and MM EKN CUL-3 would reduce Project effects
related to cultural resources and tribal cultural resources on the Hotel site to below a level of
significant and will be incorporated into the Project via conditions of approval for the Hotel.
Cumulative impacts would be less than significant with mitigation incorporated.
Rationale for Finding: Future development would be required to comply with federal, State, and
local laws and policies that protect cultural resources and TCRs, including the provisions of SB 18
and AB 52, Section 15064.5 of the CEQA Guidelines, Section 7050.5 of the California Health and
Safety Code, and Sections 5024.1 and 5097 of the Public Resources Code. Compliance with these
policies may also require development projects to prepare site-specific project-level analysis to fulfill
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CEQA requirements, which would include additional consultation that could lead to the
identification of potential site-specific cultural resources and TCRs. Accordingly, because
cumulative development would be required to comply with long-term planning documents and
regulatory agency policies (including, but not limited to, evaluation requirements and inadvertent
discovery procedures) that would reduce impacts to potential cultural resources and TCRs,
cumulative impacts would be less than significant. Moreover, the Overlay and the Hotel’s
incremental contribution to these less than significant cumulative impacts would not be cumulatively
considerable with implementation of the policies and programs included in the General Plan, the
Municipal Code that are intended to conserve and reduce impacts to cultural resources and TCRs as
outlined in the Rationale for Findings for Impacts CUL-1 through CUL-5, discussed above.
4.3 Land Use and Planning
Impact LAND-2: The Project could cause a significant environmental impact due to a conflict with
any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an
environmental effect. (Draft EIR, p. 3.3-18)
However, implementation of MM Overlay CUL-1e would reduce Project effects due to a conflict
with applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating
an environmental impact to less than significant.
Mitigation Measures
Overlay CUL-1e:See above.
Finding for LAND-2: Pursuant to CEQA Guidelines, the City Council finds that MM Overlay
CUL-1e would reduce Project effects related to conflicts with applicable land use plans, policies, or
regulations adopted for the purpose of avoiding or mitigating an environmental impact to less than
significant. Pursuant to CEQA Guidelines, the City Council finds that MM Overlay CUL-1e will be
incorporated into the Project via conditions of approval for the Overlay and will reduce Impact
LAND-2 to a less-than-significant level.
Rationale for Finding: The proposed Overlay does not include any project-specific development
and as such would not result in any direct impacts to consistency with the General Plan.1 Future
development facilitated by the proposed Overlay would be subject to independent discretionary
review, including an independent CEQA analysis which would evaluate the specific project’s
consistency with relevant General Plan policies. Development envisioned by the proposed Overlay
could be potentially significant as it is unknown whether the proposed future development will
comply with the City’s existing policies. However future development would adhere to MM Overlay
CUL-1e which requires compliance with City policies and programs, and adherence to development
and design standards, enforced through the entitlement and CUP process, would ensure that impacts
remain less than significant. Complying with MM Overlay CUL-1e ensures that developments align
with the land use plan by maintaining contextual compatibility, protecting adjacent properties,
enhancing the public realm, and promoting sustainable, high-quality design. The Hotel is consistent
with the majority of applicable goals and policies of the General Plan and would be subject to
HSPAR, and is therefore a less than significant impact. It is being developed above the currently
allowable lot coverage, FAR, and height, but, with approval of the proposed Overlay, a maximum
building height of up to 75 feet, a FAR of 6.0, and up to 100 percent lot coverage would be allowed.
As such the Hotel project would be consistent with the requirements of the proposed Overlay.
1 As outlined in the Project Description section, the proposal includes an amendment to the General Plan to increase the
FAR from 2.5 to 6.0. This amendment will resolve the existing inconsistency within the General Plan.
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Additionally, because the Hotel is located in Area A of the Overlay, it would be required to obtain a
CUP. Impacts associated with the Hotel would be less than significant.
Accordingly, compliance with MM Overlay CUL-1e, would ensure that land use impacts would be
minimized. Therefore, after applying these measures, the impact would be less than significant.
Cumulative Land Use and Planning Impact: The Project would have a less than significant
cumulative impact related to land use and planning with implementation of mitigation. (Draft EIR,
p. 3.3-39)
Implementation of MM Overlay CUL-1e would reduce Project cumulative effects related to land
use and planning to less than significant.
Mitigation Measures
Overlay CUL-1e:See above.
Finding for Cumulative Land use and Planning Impact: Pursuant to CEQA Guidelines, the City
Council finds that MM Overlay CUL-1e would reduce Project cumulative impacts to less than
significant. Pursuant to CEQA Guidelines, the City Council finds that MM Overlay CUL-1e will be
incorporated into the Project via conditions of approval for the Overlay and will reduce cumulative
impacts to a less-than-significant level.
Rationale for Finding: The specific development resulting from the Overlay is unknown and
therefore, may have a cumulative impact on the City's compliance with its policies and plans.
Cumulative projects within the City would be required to comply with the General Plan and
conformance with land use planning regulations would be confirmed during project approval for
cumulative projects. Nonetheless, development facilitated by the proposed Overlay would adhere to
MM Overlay CUL-1e which requires compliance with City policies and programs, and adherence
to development and design standards, enforced through the entitlement and CUP process, and would
ensure that the Overlay’s incremental contribution to less than significant cumulative impacts is not
cumulatively considerable. The Hotel would not result in significant land use or planning conflicts
and would not contribute to an overall cumulative land use or planning conflict in the area; however,
as it is located in Area A of the Overlay, it would be required to obtain a CUP consistent with the
requirements in MM Overlay CUL-1e. For these reasons, the incremental contribution of the Hotel
to the less than significant cumulative impacts would not be cumulatively considerable.
Accordingly, compliance with MM Overlay CUL-1e, would ensure cumulative impacts related to
development consistent with the Overlay would be less than significant.
4.4 Initial Study Impacts Requiring Mitigation
The Initial Study is incorporated into the EIR and summarized in Chapter 4, Additional Effects
Evaluated in the Initial Study. Additionally, the Initial Study was circulated for public review
between April 12, 2024, and May 13, 2024.
Air Quality – Conflict with Air Quality Plan: The Project could conflict with or obstruct
implementation of the applicable air quality plan. (Draft EIR, p. 4-6)
However, implementation of MM EKN AQ-1 would reduce Project effects to less than significant.
Mitigation Measures
EKN AQ-1:The latest Bay Area Air Quality Management District (BAAQMD) recommended
Best Management Practices (BMPs) to control for fugitive dust and exhaust during shall
be incorporated into construction plans to require implementation of the following
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throughout all construction activities:
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material shall be covered.
3. All visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power sweeping
is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (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.
Finding for Air Quality – Conflict with Air Quality Plan: Pursuant to CEQA Guidelines, the City
Council finds that the Overlay would have less than significant impacts related to air quality. MM
EKN AQ-1 would reduce Project effects related to the Hotel to less than significant. Pursuant to
CEQA Guidelines, the City Council finds that MM EKN AQ-1 will be incorporated into the Project
via conditions of approval for the Hotel and will reduce the Hotel’s Air Quality impacts to a less-
than-significant level.
Rationale for Finding: The Overlay in and of itself would not result in any physical development
and would not generate any emissions until such time as future development is proposed. Future
development in the Overlay would be required to comply with City of Petaluma General Plan 2025
(General Plan) policies in effect at the time of submittal, would be subject to independent review in
accordance with CEQA (if not otherwise exempt), and would be evaluated on a project-by-project
basis to determine potential air quality impacts at the time a development application is received.
Accordingly, the Overlay would have less than significant impacts.
The Hotel would support the primary goals of the 2017 Clean Air Plan as it is located in the City’s
Downtown and is proximate to transit, thereby minimizing reliance on auto travel and, in turn,
reducing air pollutants, which protects public health and the climate. Additionally, the Hotel would
be constructed as all-electric, consistent with adopted City regulations; and would implement control
measure TR3 of the Clean Air Plan through construction of a bus stop along the Petaluma Boulevard
North frontage, adjacent to Center Park, approximately 200 feet north of the site; and would not
interfere with implementation of other control measures identified in the Clean Air Plan. The Hotel
would also be consistent with Plan Bay Area 2050 as it proposes a new employee-generating use in
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an urbanized area proximate to transit. As such, with implementation of MM EKN AQ-1, the Hotel
would not conflict with the regional air quality plans and impacts would be less than significant.
Air Quality -Air Quality Standards: The Project could result in a cumulatively considerable net
increase of any criteria pollutant for which the project region is non-attainment under an applicable
federal or State ambient air quality standard. (Draft EIR, p. 4-8)
However, implementation of MM EKN AQ-1 would reduce Project effects related to criteria
pollutants to less than significant.
Mitigation Measures
EKN AQ-1: See above.
Finding for Air Quality – Air Quality Standards: Pursuant to CEQA Guidelines, the City Council
finds that the Overlay would have less than significant impacts related to air quality. Pursuant to
CEQA Guidelines, the City finds that MM EKN AQ-1 would reduce Project effects related to the
Hotel to less than significant. Pursuant to CEQA Guidelines, the City Council finds that MM EKN
AQ-1 will be incorporated into the Project via conditions of approval for the Hotel and will reduce
the Hotel’s Air Quality impacts to a less-than-significant level.
Rationale for Finding: The Overlay does not result in direct physical changes. However, the Hotel
construction may result in some temporary impacts. To ensure Best Management Practices (BMPs)
are implemented throughout project construction, the proposed Hotel shall comply with MM EKN
AQ-1 during all stages of construction. With implementation of these measures, the impact would
be less than significant.
Air Quality – Sensitive Receptors: The Project could expose sensitive receptors to substantial
pollutant concentrations. (Draft EIR, p. 4-10)
However, implementation of MM EKN AQ-1 would reduce Project effects related to sensitive
receptors to less than significant.
Mitigation Measures
EKN AQ-1: See above.
Finding for Air Quality – Sensitive Receptors: Pursuant to CEQA Guidelines, the City Council
finds that the Overlay would have less than significant impacts related to air quality. Pursuant to
CEQA Guidelines, the City Council finds that MM EKN AQ-1 would reduce Project effects related
to the Hotel to less than significant. Pursuant to CEQA Guidelines, the City Council finds that MM
EKN AQ-1 will be incorporated into the Project via conditions of approval for the Hotel and will
reduce the Hotel’s Air Quality impacts to a less-than-significant level.
Rationale for Finding: The Overlay does not result in direct physical changes. However,
construction of the Hotel may have temporary impacts on air quality sensitive receptors. .
Implementation of MM EKN AQ-1 which requires implementation of standard BMPs throughout
the proposed Hotel’s construction, would reduce impacts to nearby sensitive receptors during project
construction to less than significant.
Biological Resources – Special-status Species: The Project could have a substantial adverse effect,
either directly or through habitat modifications, on any species identified as a candidate, sensitive,
or special status species in local or regional plans, policies, or regulations, or by the California
Department of Fish and Wildlife or United States Fish and Wildlife Service. (Draft EIR, p. 4-15)
However, implementation of MM Overlay BIO-1 and EKN BIO-2 would reduce Project effects
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related to candidate, sensitive, or special status species to less than significant.
Mitigation Measures
Overlay BIO-1: Should construction activities commence during the bird nesting season (February
15 to September 15), a pre-construction nesting bird survey shall be conducted by a
qualified biologist no more than 14 days prior to the start of ground-disturbing activities.
Areas within 300 feet of construction shall be surveyed for active nests. Should active
nests be identified, a disturbance-free buffer shall be established based on the needs of
the species identified and shall be maintained until a qualified biologist verifies that the
nestlings have fledged, or the nest has failed. Should construction activities cease for 14
consecutive days or more within the nesting season, an additional nesting bird survey
shall be required prior to resuming ground-disturbing activities. Results of the nesting
bird survey shall be submitted in writing to the City of Petaluma, Community
Development Department.
EKN BIO-2: The project shall incorporate design features such as window screens and coverings,
window glazing, and overhangs to minimize risks of collisions with migrating avian
species.
Finding for Biology – Special-status Species: Pursuant to CEQA Guidelines, the City Council finds
that implementation all applicable federal, State, and local laws and MM Overlay BIO-1, would
ensure that future development consistent with the Overlay is less than significant and will be
incorporated into the Project via conditions of approval for the Overlay. Through compliance with
all applicable federal, State, and local laws, as well as the requirements for pre-construction surveys
required for projects in the Overlay and implementation of MM EKN BIO-2, impacts associated
with the Hotel would be less than significant. Pursuant to CEQA Guidelines, the City Council finds
that EKN BIO-2 will be incorporated into the Project via conditions of approval for the Hotel and
will reduce the Hotel’s biological impacts to a less-than-significant level.
Rationale for Finding: The Overlay does not result in direct physical changes and the parcels in the
Overlay were already zoned as developable properties and impacts to biological resources were
previously analyzed at these sites during the City’s certification of the General Plan EIR and adoption
of the City’s Implementing Zoning Ordinance (IZO). No wetlands, riparian habitat, sensitive natural
communities, or jurisdictional wetlands were identified within the Downtown Housing and
Economic Opportunity Overlay. Additionally, subsequent development proposals would be required
to demonstrate compliance with State, federal, and local laws and regulations, and the applicable
policies contained in the General Plan regarding special-status species and would be subject to
independent discretionary review. Additionally, the Project would implement MM Overlay BIO-1,
which requires pre-construction nesting bird surveys and appropriate actions upon the discovery of
active nests. Given that the Overlay is within an urbanized area of the City and that future site-
specific proposals will be subject to discretionary review, compliance with CEQA, and compliance
with applicable local regulations and implementation of MM Overlay BIO-1, impacts related to
biological resources as a result of the Overlay would be less than significant.
In addition to compliance with Overlay requirements identified in MM Overlay BIO-1, the Hotel
would implement MM EKN BIO-2, which requires incorporation of design features such as window
screens and coverings, window glazing, and overhangs to minimize risks of collisions with migrating
avian species. Lastly, the Hotel is subject to historic site plan and architectural review, which requires
a finding that the environmental impacts, including those to biological resources, are avoided or
mitigated to less than significant. Through compliance with the Overlay, all applicable federal, State,
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and local laws, and implementation of EKN BIO-2, impacts to candidate, sensitive, or special status
species related to the Hotel would be less than significant.
Biological Resources – Wildlife Movement: The Project could interfere substantially with the
movement of any native resident or migratory fish or wildlife species or with established native
resident or migratory wildlife corridors, or impede the use of wildlife nursery sites. (Draft EIR, p.
4-16)
However, implementation of MM EKN BIO-2 would reduce Project effects related to candidate,
sensitive, or special status species to less than significant.
Mitigation Measures
EKN BIO-2: See above.
Finding for Biology -Wildlife Movement: Pursuant to CEQA Guidelines, the City Council finds
that the Overlay would have less than significant impacts related to wildlife movement. With respect
to the Hotel, pursuant to CEQA Guidelines, the City Council finds that compliance with all applicable
federal, State, and local laws, as well as implementation of MM EKN BIO-2, impacts would be less
than significant. Pursuant to CEQA Guidelines, the City Council finds that MM EKN BIO-2 will be
incorporated into the Project via conditions of approval for the Hotel and will reduce the Hotel’s
biological impacts related to wildlife movement to a less-than-significant level.
Rationale for Finding: Properties in the Overlay were already zoned as developable properties and
impacts to biological resources were previously analyzed at these sites during the City’s certification
of the General Plan EIR and adoption of the City’s Implementing Zoning Ordinance. Accordingly,
the Overlay does not result in direct physical changes and would have less than significant impacts.
The Hotel would implement MM EKN BIO-2, which requires incorporation of design features such
as window screens and coverings, window glazing, and overhangs to minimize risks of collisions
with migrating avian species. Implementation of MM EKN BIO-2, would reduce the Hotel’s
impacts related to wildlife movement to less than significant.
Biological Resources Local Policies or Ordinances: The Project could conflict with any local
policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.
(Draft EIR, p. 4-16)
However, implementation of MM Overlay BIO-1 would reduce Project effects related to conflict
with local policies or ordinances to less than significant.
Mitigation Measures: Overlay BIO-1: See above.
Finding for Biological Resources – Local Policies or Ordinances: Pursuant to CEQA Guidelines,
the City Council finds that the Project would implement MM Overlay BIO-1. Through compliance
with all applicable federal, State, and local laws, as well as implementation of MM Overlay BIO-1,
impacts related to the Project would be less than significant. Pursuant to CEQA Guidelines, the City
Council finds that MM Overlay BIO-1 will be incorporated into the Project via conditions of
approval for the Overlay and will reduce impacts to a less-than-significant level.
Rationale for Finding: The Overlay would not result in direct physical development, and the parcels
in the Overlay were already zoned as developable properties. Thus, impacts to biological resources
were previously analyzed at these sites during the City’s certification of the General Plan EIR and
adoption of the City’s Implementing Zoning Ordinance (IZO). No wetlands, riparian habitat,
sensitive natural communities, or jurisdictional wetlands were identified within the Overlay. Projects
within the Overlay would be required to comply with all appliable local, state and federal laws. As
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such, future development that is subject to site plan and architectural review requires a finding that
the environmental impacts, including biological resources are avoided or mitigated to less than
significant. Additionally, MM Overlay BIO-1, requires pre-construction nesting bird surveys and
appropriate actions upon the discovery of active nests. Given that the Project is within an urbanized
area of the City and that future site-specific proposals will be subject to discretionary review,
compliance with CEQA, and compliance with applicable local regulations and implementation of
MM Overlay BIO-1, impacts to local policies or ordinances as a result of the Project would be less
than significant.
Energy – Conflict with State or Local Plan: The Hotel could conflict with or obstruct a State or
local plan for renewable energy or energy efficiency. (Draft EIR, p. 4-18)
However, implementation of MM EKN GHG-2 would reduce Project effects related to potential
conflicts related to state or local plans to less than significant.
Mitigation Measures
EKN GHG-2: Prior to the issuance of a building permit, the proposed off-street parking located
within the subterranean garage on the site of the proposed Hotel shall be designed and
verified for compliance with CALGreen Tier 2 standards.
Finding for Energy – Conflict with State or Local Plan: Pursuant to CEQA Guidelines, the City
Council finds that the Overlay would have less than significant impacts related to potential conflicts
with state or local plans. The Hotel would implement, MM EKN GHG-2 which requires the Hotel
to comply with off-street EV requirements in the most recently adopted version of CALGreen Tier
2. As such, pursuant to CEQA Guidelines, the City Council finds impacts related to Hotel resulting
from a conflict with a State or local plan for renewable energy or energy efficiency would be less
than significant. Pursuant to CEQA Guidelines, the City Council finds that MM EKN GHG-2 will
be incorporated into the Project via conditions of approval for the Hotel and will reduce the Hotel’s
energy impacts to a less-than-significant level.
Rationale for Finding: The Overlay does not result in direct physical changes and would have less
than significant impacts. The Hotel is proximate to goods, services, and transit, and would minimize
reliance on auto travel and in turn reduce energy consumption associated with driving, which is
consistent with the BAAQMD 2017 Clean Air Plan, State Alternative Fuels Plan, City of Petaluma
General Plan, and City of Petaluma Climate Emergency Framework. In addition, MM EKN GHG-
2 will be required to comply with off-street EV requirements in the most recently adopted version of
CALGreen Tier 2. Implementation of MM EKN GHG-2, would reduce impacts related to potential
conflicts with state or local plans to less than significant.
Geology, Soils, and Seismicity – Faults, Groundshaking, Ground Failure: The Project could
directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or
death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence
of a known fault. Refer to Division of Mines and Geology Special Publication 42.
ii. Strong seismic ground shaking.
iii. Seismic-related ground failure, including liquefaction.
iv. Landslides. (Draft EIR, p. 4-24)
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However, implementation of MM EKN GEO-1 would reduce Project effects related to faults,
ground shaking, liquefaction and landslides to less than significant.
Mitigation Measures
EKN GEO-1: All applicable recommendations set forth in the Design Level Geotechnical
Investigation prepared by Miller Pacific Engineering Group on January 28, 2022, for the
subject property, including, but not limited to recommendations related to seismic
design, site preparation and grading, foundation designs, retaining wall designs,
settlement monitoring (see also MM GEO-3), site and foundation drainage, interior
concrete slabs-on-grade, exterior concrete slabs, underground utilities, and
recommendations for wintertime construction shall be implemented. Final grading plan,
construction plans, and building plans shall demonstrate that recommendations set forth
in the geotechnical reports have been incorporated into the final design of the project and
to the satisfaction of the City of Petaluma Public Works and Utilities Department.
Finding for Geology, Soils, and Seismicity- Faults, Groundshaking, Ground Failure: Pursuant
to CEQA Guidelines, the City Council finds that the Overlay would have less than significant impacts
related to faults, ground shaking, liquefaction and landslides. The Hotel would implement, MM
EKN GEO-1 which requires incorporation of all recommendations outlined in the Geotechnical
Investigation for the Hotel. As such, pursuant to CEQA Guidelines, the City Council finds that
impacts resulting from faults, ground shaking, liquefaction and landslides would be less than
significant. Pursuant to CEQA Guidelines, the City Council finds that MM EKN GEO-1 will be
incorporated into the Project via conditions of approval for the Hotel and will reduce the Hotel’s
potential impacts related to faults, ground shaking, liquefaction and landslide to a less-than-
significant level.
Rationale for Finding: The Overlay does not result in direct physical changes and would have less
than significant impacts. All recommendations outlined in the Geotechnical Investigation for the
proposed Hotel shall be incorporated into construction-level drawings and subject to review and
approval by the City Engineer. Through compliance with building code standards and incorporation
of site-specific geotechnical recommendations, required through implementation of MM EKN
GEO-1, impacts related to faults, ground shaking, liquefaction and landslides would be less than
significant.
Geology, Soils, and Seismicity - Erosion: The Project could result in substantial soil erosion or the
loss of topsoil. (Draft EIR, p. 4-25)
However, implementation of MM EKN GEO-2 would reduce Project effects related to erosion to
less than significant.
Mitigation Measures
EKN GEO-2: Prior to issuance of a grading permit, an erosion control plan along with grading and
drainage plans shall be submitted to the City Engineer for review. All earthwork,
grading, trenching, backfilling, and compaction operations shall be conducted in
accordance with the City of Petaluma’s Grading and Erosion Control Ordinance #1576,
Title 17, Chapter 17.31 of the Petaluma Municipal Code. These plans shall detail erosion
control measures such as site watering, sediment capture, equipment staging and
laydown pad, and other erosion control measures to be implemented during construction
activity on the project site.
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Finding for Geology, Soils, and Seismicity - Erosion: Pursuant to CEQA Guidelines, the City
Council finds that the Overlay would have less than significant impacts related to erosion. The Hotel
would implement, MM EKN GEO-2 which requires an erosion control plan. Pursuant to CEQA
Guidelines, the City Council finds that with implementation of MM EKN GEO-2, impacts
associated with soil erosion would be reduced to less than significant. Pursuant to CEQA Guidelines,
the City Council finds that MM EKN GEO-2 will be incorporated into the Project via conditions of
approval for the Hotel and will reduce the Hotel’s erosion impacts to a less-than-significant level.
Rationale for Finding: The Overlay does not result in direct physical changes and would have less
than significant impacts. The Hotel site is relatively flat and as such, substantial erosion during
operation of the proposed Hotel is not likely. However, localized erosion due to concentrated surface
water flows and loss of topsoil could occur during project construction. MM EKN GEO-2 requires
submittal of an erosion control plan identifying measures to be implemented during construction and
establishing provisions for grading activity during the rainy season, consistent with the City’s
Grading and Erosion Control Ordinance. Through compliance with the City’s Ordinance and
implementation of MM EKN GEO-2, impacts related to erosion would be less than significant.
Geology, Soils, and Seismicity – Unstable Geologic Unit: The Project could be located on a
geologic or soil that is unstable, or that would become unstable as a result of the project, and
potentially result in on- or off site landslide, lateral spreading, subsidence, liquefaction or collapse.
(Draft EIR, p. 4-25)
However, implementation of MM EKN GEO-3 would reduce Project effects related to an unstable
geologic unit to less than significant.
Mitigation Measures
EKN GEO-3: Upon submittal of plans for project construction, a damage assessment of all existing
adjacent structures and improvements shall be submitted to the City of Petaluma
Community Development Department. The damage assessment shall document existing
conditions of adjacent improvements, including foundation cracking, un-level floors, out
of plumb walls, out of square door/window openings, etc. Upon excavation of the
proposed basement, vertical and lateral control points shall be established. Throughout
project construction, the control points shall be periodically measured and monitored by
a licensed surveyor to determine whether any vertical or lateral movement is occurring
adjacent to the excavation. If any movement is observed/measured, steps shall be taken
to strengthen the excavation shoring to control settlements and lateral movements. All
measurements shall be provided to the City of Petaluma Community Development
Department.
Finding for Geology, Soils, and Seismicity – Unstable Geologic Unit: Pursuant to CEQA
Guidelines, the City Council finds that the Overlay would have less than significant impacts related
to erosion. The Hotel would implement MM EKN GEO-3 which requires the applicant/contractor
to perform a damage assessment for all existing adjacent structures and improvements prior to
commencing construction activities. Pursuant to CEQA Guidelines, the City Council finds that with
implementation of MM EKN GEO-3, impacts associated with unstable geologic units would be
reduced to less than significant. Pursuant to CEQA Guidelines, the City Council finds that MM
EKN GEO-3 will be incorporated into the Project via conditions of approval for the Hotel and will
reduce the Hotel’s impacts related to unstable geologic units to a less-than-significant level.
Rationale for Finding: The Overlay does not result in direct physical changes and would have less
than significant impacts. The Hotel includes a subterranean parking garage. MM EKN GEO-3
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requires the applicant/contractor to perform a damage assessment for all existing adjacent structures
and improvements prior to commencing construction activities. In addition to the pre-construction
assessment, MM EKN GEO-3 requires installation and periodic measurement of vertical and
lateral control points to determine whether any vertical or lateral movement is occurring. With
implementation of MM EKN GEO-3, impacts resulting from an unstable geologic unit, would be
reduced to less than significant.
Geology, Soils, and Seismicity – Expansive Soils: The Project could be located on expansive soil,
as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or
indirect risks to life or property. (Draft EIR, p. 4-25)
However, implementation of MM EKN GEO-1 would reduce Project effects related to expansive
soils to less than significant.
Mitigation Measures
EKN GEO-1: See above.
Finding for Geology, Soils, and Seismicity – Expansive Soils: Pursuant to CEQA Guidelines, the
City Council finds that the Overlay would have less than significant impacts related to erosion. The
Hotel would implement, MM EKN GEO-1 which requires adherence to the recommendations set
forth in the Geotechnical Investigation and as directed by the City Engineer. Pursuant to CEQA
Guidelines, the City Council finds that with implementation of MM EKN GEO-1, impacts
associated with expansive soils would be reduced to less than significant. Pursuant to CEQA
Guidelines, the City Council finds that MM EKN GEO-1 will be incorporated into the Project via
conditions of approval for the Hotel and will reduce the Hotel’s impacts related to expansive soils
to a less-than-significant level.
Rationale for Finding: The Overlay does not result in direct physical changes and would have less
than significant impacts. All future development proposed within the Overlay will be required to be
built in conformance with the standards set forth in the most recent California Building Standards
Code (CBC), Title 24, Part 2 (CBC 3.7-20 Chapter 3: Setting, Impacts, and Mitigation Measures)
and the California Public Resources Code, Division 2, Chapter 7.8 (the Seismic Hazards Mapping
Act). Additionally, consistent with General Plan Policy 10-P-1, site-specific geotechnical studies
will be required to identify site-specific geologic conditions, identify if a future development project
is geotechnically feasible, and provide design criteria and other site- and project-specific
recommendations to address geotechnical hazards.
The Hotel includes a subterranean parking garage. To ensure expansive soils do not result in
significant impacts, recommendations set forth in the Geotechnical Investigation and as directed by
the City Engineer shall be implemented in accordance with MM EKN GEO-1. Measures to correct
expansive soils include but are not limited to moisture conditioning soils on-site until imported
aggregate base or surface flatwork is completed. With implementation of MM EKN GEO-1,
potential impacts due to the presence of expansive soils would be reduced to less than significant
levels.
Geology, Soils, and Seismicity – Paleontological Resources: The Project could directly or
indirectly destroy a unique paleontological resource or site or unique geologic feature. (Draft EIR,
p. 4-26)
However, implementation of MM EKN GEO-4 would reduce Project effects related to
paleontological resources to less than significant.
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Mitigation Measures
EKN GEO-4: Prior to the start of construction activities, a Qualified Paleontologist that meets the
standards of the Society of Vertebrate Paleontology (SVP) shall be retained to prepare
and conduct pre construction worker paleontological resources sensitivity training. The
training shall include information on what types of paleontological resources could be
encountered during excavations, what to do in case an unanticipated discovery is made
by a worker (i.e., discoveries made within the first 10 feet below ground surface [BGS]),
and laws protecting paleontological resources. All construction personnel shall be
informed of the possibility of encountering fossils and instructed to immediately inform
the construction foreman or supervisor if any bones or other potential fossils are
unexpectedly unearthed during construction.
The Qualified Paleontologist or Paleontological Monitor (under the supervision of the
Qualified Paleontologist shall monitor mass grading and excavation activities below 10
feet BGS in areas within the project site identified as likely to contain paleontological
resources. Unanticipated discovery procedures shall be included in the paleontological
resources sensitivity training to address any potential discoveries in the first 10 feet BGS.
Monitoring activities may be increased or decreased based on fossil finds (or the lack
thereof), at the discretion of the Qualified Paleontologist.
If a paleontological resource is discovered during construction, the Paleontological
Monitor shall be empowered to temporarily divert or redirect grading and excavation
activities in the area of the exposed resource to facilitate evaluation of the discovery. An
appropriate buffer area shall be established by the Qualified Paleontologist around the
find where construction activities shall not be allowed to continue. Work shall be
allowed to continue outside of the buffer area. All significant fossils shall be collected
by the Paleontological Monitor and/or the Qualified Paleontologist. Collected fossils
shall be prepared to the point of identification and cataloged before they are submitted
to their final repository. Any fossils collected shall be curated at a public, non-profit
institution with a research interest in the materials, such as the University of California
Museum of Paleontology (UCMP). A final report of findings and significance will be
prepared by the Qualified Paleontologist, including lists of all fossils recovered and
necessary maps and graphics to accurately record their original location(s).
Finding for Geology, Soils, and Seismicity -Paleontological Resource: Pursuant to CEQA
Guidelines, the City Council finds that the Overlay would have less than significant impacts related
to paleontological resources. The Hotel would implement, MM EKN GEO-4 which requires that a
qualified paleontologist conduct preconstruction training and monitor grading. Pursuant to CEQA
Guidelines, the City Council finds that with implementation of MM EKN GEO-4, impacts
associated with paleontological resources would be less than significant. Pursuant to CEQA
Guidelines, the City Council finds that MM EKN GEO-4 will be incorporated into the Project via
conditions of approval for the Hotel and will reduce the Hotel’s impacts related to paleontological
resources to a less-than-significant level.
Rationale for Finding: The General Plan does not identify the presence of any paleontological or
unique geological resources within the Urban Growth Boundaries. The Overlay does not result in
direct physical changes and would have less than significant impact.
There is limited expectation that paleontological resources are present on the Hotel site within the
first 10 feet BGS at the project site. However, potential remains for the discovery of buried
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paleontological resources. MM EKN GEO-4 would require a Qualified Paleontologist that meets
the standards of the Society of Vertebrate Paleontology (SVP) to prepare and conduct
preconstruction worker paleontological resources sensitivity training. In part, the training would
include processes for responding to unanticipated discoveries. Additionally, in the event a
paleontological resource is discovered during construction, MM EKN GEO-4 empowers the
Paleontological Monitor to temporarily divert or redirect grading and excavation activities in the area
of the exposed resource to facilitate evaluation of the discovery. An appropriate buffer area shall be
established by the Qualified Paleontologist around the find where construction activities shall not be
allowed to continue. To avoid impacts to significant paleontological resources, implementation of
MM EKN GEO-4 would be required.
Greenhouse Gas Emissions – Significant GHG Emissions: The Project could generate greenhouse
gas emissions, either directly or indirectly, that may have a significant impact on the environment.
(Draft EIR, p. 4-29)
However, implementation of MM EKN GHG-1 would reduce Project effects related to significant
GHG emissions to less than significant.
Mitigation Measures
EKN GHG-1: The most current, at time of project approval, Bay Area Air Quality Management
District- (BAAQMD-) recommended Best Management Practices (BMPs) to control for
construction-related greenhouse gas (GHG) emissions shall be incorporated into
construction plans to require implementation throughout all construction activities.
1. Use zero-emission and hybrid-powered equipment to the greatest extent possible,
particularly if emissions are occurring near sensitive receptors or located within a
BAAQMD-designated Community Air Risk Evaluation (CARE) area or Assembly Bill
617 community.
2. Require all diesel-fueled off-road construction equipment be equipped with United
States Environmental Protection Agency (EPA) Tier 4 Final compliant engines or better
as a condition of contract.
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 (ATCM) (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 EPA 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
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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.
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 on-site or shuttles to nearby meal
destinations for construction employees.
12. Reduce electricity use in the construction office by using light-emitting diode (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 percent 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 percent 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.
MM EKN GHG-2: Prior to the issuance of a building permit, the proposed off-street parking located
within the subterranean garage on the site of the proposed Hotel shall be designed and
verified for compliance with CALGreen Tier 2 standards.
Finding for Greenhouse Gas Emissions – Significant GHG Emissions: Pursuant to CEQA
Guidelines, the City Council finds that the Overlay would have less than significant impacts related
to GHG emissions. The Hotel would implement, MM EKN GHG-1 which requires incorporation
of BMPs to control construction-related emissions. MM EKN GHG-2 is required for the Project to
meet the BAAQMD’s performance-based thresholds during operation of the Hotel. Pursuant to
CEQA Guidelines, the City Council finds that with implementation of MM EKN GHG-1 and MM
GHG-2, construction and operation impacts associated with greenhouse gas emissions would be less
than significant. Pursuant to CEQA Guidelines, the City Council finds that MM EKN GHG-1 and
MM EKN GHG-2 will be incorporated into the Project via conditions of approval for the Hotel and
will reduce the Hotel’s greenhouse gas emissions impacts to a less-than-significant level.
Rationale for Finding: The Overlay would not result in direct physical changes to the environment.
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Future development applications within the Overlay would be subject to independent discretionary
review on a case-by-case basis. Depending on the type of future proposed development, project-
specific GHG analysis would be required to analyze impacts associated with GHG emissions during
construction and operation, and to identify any necessary mitigation measures to reduce impacts of
GHGs. As there is no physical development proposed by the Overlay component of the project and
future projects facilitated by the Overlay would be subject to independent review, GHG impacts of
the Overlay would be less than significant.
Consistent with the BAAQMD 2022 CEQA Guidelines, the Hotel would implement MM EKN
GHG-1, which requires incorporation of BMPs throughout construction to control for construction-
related GHG emissions. The Hotel would be consistent with Title 24 Building Efficiency Standards,
would comply with the California Energy Commission’s standards for lighting efficiency, and would
comply with lighting standards. The Hotel would not result in significant Vehicle Miles Traveled
(VMT) impacts and would be required to implement MM EKN GHG-2, which requires compliance
with off-street EV requirements in the most recently adopted version of CALGreen Tier 2. Based on
the project’s consistency with BAAQMD’s most recently adopted thresholds for land use projects,
as well as the project’s requirement to comply with MM EKN GHG 2, impacts resulting from GHG
emissions at project operation would be less than significant. With incorporation of MM EKN
GHG-1 and MM EKN GHG-2, emissions generated during both construction and operation of the
Hotel would be less than less than significant.
Greenhouse Gas Emissions – Applicable Plans: The Project could conflict with any applicable
plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases.
(Draft EIR, p. 4-31)
However, implementation of MM EKN GHG-2 would reduce Project effects related to conflict with
applicable plans to less than significant.
Mitigation Measures
EKN GHG-2: See above .
Finding for Greenhouse Gas Emissions – Applicable Plans: Pursuant to CEQA Guidelines, the
City Council finds that the Overlay would have less than significant impacts related to conflict with
applicable plans. The Hotel would implement, MM EKN GHG-2 which requires compliance with
off-street EV requirements consistent with CALGreen Tier 2. Pursuant to CEQA Guidelines, the City
Council finds that with implementation of MM EKN GHG-2, impacts associated with applicable
plans would be less than significant. Pursuant to CEQA Guidelines, the City Council finds that MM
EKN GHG-2 will be incorporated into the Project via conditions of approval for the Hotel and will
reduce the Hotel’s impacts related to applicable plans to a less-than-significant level.
Rationale for Finding: The Overlay would not result in direct physical changes to the environment.
As there is no physical development proposed by the Overlay component of the project and future
projects facilitated by the Overlay would be subject to independent review, GHG impacts of the
Overlay would be less than significant.
The Hotel would be consistent with State and regional plans intended to reduce GHG emissions. The
Hotel would comply with CALGreen Tier 1 building standards and CALGreen Tier 2 requirements
for off-street EV requirements as required by MM EKN GHG-2. Furthermore, the Project would be
consistent with relevant General Plan policies and other City regulations including those intended to
reduce GHG emissions. Therefore, with implementation of MM EKN GHG-2, potential impacts
due to a conflict with a plan, policy, or regulation adopted for the purpose of reducing GHG emissions
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would be less than significant.
Hazards and Hazardous Materials -Upset and Accident Conditions: The Project could create a
significant hazard to the public or the environment through reasonably foreseeable upset and accident
conditions involving the release of hazardous materials into the environment. (Draft EIR, Section
4.1.7)
However, implementation of MM EKN HAZ-1 and MM EKN HAZ-2 would reduce Project effects
related to upset and accident conditions to less than significant.
Mitigation Measures
EKN HAZ-1. Prior to approval of ground-disturbing activities, the applicant shall submit a site- and
project-specific Health and Safety Plan (HASP) and a Soil Management Plan (SMP) to
the Sonoma County Department of Health Services and the City of Petaluma,
Community Development Department. The HASP shall be developed in accordance
with 29 Code of Federal Regulations. In addition to compliance with federal regulations,
the HASP shall address potential exposure due to dermal contact and inhalation of
residual total petroleum hydrocarbons (TPH) and benzene, shall specify an air
monitoring program for volatile organic compounds (VOCs) when performing
subsurface earthwork, and shall specify appropriate personal protective equipment
(PPE) to be used. The SMP shall include, at a minimum, dust control and monitoring
measures, management of stockpiles, and procedures to follow for disposal of soil off-
site, including required testing for TPH and benzene.
EKN HAZ-2: Upon submittal of building permit plans, the project applicant shall demonstrate
compliance (e.g., include directly in project plans, provide written documentation, etc.)
with all requirements of the Risk Management Plan included as ‘Exhibit B’ to the
Covenant and Environmental Restriction recorded against the property, as summarized
below. In addition, the applicant shall comply with project-specific recommendations
provided by the Regional Water Quality Control Board (RWQCB) in July 2022. This
measure shall not be construed to preclude requirements of the Risk Management Plan
(RMP) that are not explicitly listed here.
1. The first floor of the proposed Hotel shall be restricted to industrial, commercial,
and/or office space only; no Hotel rooms or day care shall be permitted.
2. Concurrent with submittal of building permit plans, provide a copy of written approval
to the City of Petaluma, Community Development Department from the Sonoma County
Department of Health Services for the project as it involves disturbance of more than 5
cubic yards of soil (RMP, Section 2.0).
3. 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).
4. 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 (RWQCB). Proof of
notification shall be provided to the City of Petaluma, Community Development
Department (RMP, Section 3.0(B)).
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5. Following excavation of the proposed 7,140 cubic yards of soil, collect soil
confirmation samples and grab-groundwater samples from the resulting excavation pit.
6. 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).
7. 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)).
8. 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.
9. 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).
10. 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 RWQCB that describes, in detail, the type, cause, location, and date of
all of the 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).
Finding for Hazards and Hazardous Materials – Upset and Accident Conditions: Pursuant to
CEQA Guidelines, the City Council finds that the Overlay would have less than significant impacts
related to potentially hazardous materials. The Hotel would implement, MM EKN HAZ-1 which
requires preparation of a site- and project-specific Health and Safety Plan (HASP) and Soil
Management Plan (SMP). Additionally, the Hotel would comply with MM EKN HAZ-2, which
ensures compliance with all requirements of the Draft Residual Risk Management Plan. Pursuant to
CEQA Guidelines, the City Council finds that with implementation of MM EKN HAZ-1 and EKN
HAZ-2, impacts associated with potentially hazardous materials would be less than significant.
Pursuant to CEQA Guidelines, the City Council finds that MM EKN HAZ-1 and EKN HAZ-2 will
be incorporated into the Project via conditions of approval for the Hotel and will reduce the Hotel’s
impacts related to hazardous materials to a less-than-significant level.
Rationale for Finding: Future uses within the Overlay may include the routine transport, use, or
disposal of hazardous materials. Such uses, which are subject to review and approval of a CUP,
include artisan/craft product manufacturing, building and landscape materials sales, and utility
facilities. All such uses proposed in the future would be subject to discretionary review, would be
required to disclose any activities involving the routine transport, use, or disposal of hazardous
materials, and would be subject to compliance with all applicable federal, State, and local safety
regulations. Accordingly, the Overlay would have less than significant impacts.
The Hotel site is listed as a LUST cleanup site by the State Water Board, which issued a case closure
letter in 2020 confirming the completion of site investigation and remedial action. To protect people
and the environment from exposure to contamination during construction, MM EKN HAZ-1, which
requires preparation of a site- and project-specific Health and Safety Plan (HASP) and Soil
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Management Plan (SMP), subject to review and approval by the Sonoma County Department of
Health Services and the RWQCB would be implemented for the Hotel. In addition, the Hotel would
comply with MM EKN HAZ-2, which ensures compliance with all requirements of the Draft
Residual Risk Management Plan, unless determined to be inapplicable by the appropriate regulatory
authority (e.g., Sonoma County Department of Public Health; RWQCB, etc.). The use of hazardous
materials during Hotel operations would be limited to commercially available cleaners, solvents, and
landscaping products. The handling and use of such products is typical of commercial, and hotel
uses, and the owner/operator would be required to comply with all federal, State, and local
requirements for handling such products. With implementation of MM EKN HAZ-1 and MM
HAZ-2, potential impacts associated with the release of hazardous materials into the environment
would be less than significant.
Hazardous Materials Site: The proposed project would be located on a site which is included on a
list of hazardous materials sites compiled pursuant to Government Code Section 65962.5; however,
as a result, would it would not create a significant hazard to the public or the environment. (Draft
EIR, Section 4.1.7)
Implementation of MM EKN HAZ-2 would reduce Project effects related the Hotel’s inclusion on
a list of hazardous materials sites to less than significant.
Mitigation Measures
EKN HAZ-2: See above.
Finding for Hazards and Hazardous Materials – Hazardous Materials Site: Pursuant to CEQA
Guidelines, the City Council finds that the Overlay would have less than significant impacts related
to hazardous materials sites. The Hotel would implement, MM EKN HAZ-2, which ensures
compliance with all requirements of the Draft Residual Risk Management Plan. Pursuant to CEQA
Guidelines, the City Council finds that with implementation of MM EKN HAZ-2, impacts
associated with the Hotel being located on potentially hazardous materials site to less than
significant. Pursuant to CEQA Guidelines, the City Council finds that MM EKN HAZ-2 will be
incorporated into the Project via conditions of approval for the Hotel and will reduce the Hotel’s
impacts related to hazardous materials sites to a less-than-significant level.
Rationale for Finding: The Overlay includes sites on a list of hazardous materials sites compiled
pursuant to Government Code Section 65962.5; however, redevelopment of these sites which could
occur as a result of the proposed Overlay would not create a significant hazard to the public or the
environment because they are already remediated or have plans for remediation. Furthermore, all
future projects occurring within the boundaries of the Overlay would be required to demonstrate that
there are no hazardous materials present on-site, or that any hazardous materials that may be present
are within acceptable levels identified by the applicable regulatory authority (including, but not
limited to, Regional Water Quality Control Board and Department of Toxic Substances Control). As
such, sites within the proposed Overlay being included on a list of hazardous materials sites would
not create a significant hazard to the public or the environment and impacts would be less than
significant. Accordingly, the Overlay would have less than significant impacts in this respect.
The Hotel site is listed as a LUST cleanup site by the State Water Board, which issued a case closure
letter in 2020 confirming the completion of site investigation and remedial action. The Hotel would
comply with MM EKN HAZ-2, which ensures compliance with all requirements of the Draft
Residual Risk Management Plan, unless determined to be inapplicable by the appropriate regulatory
authority (e.g., Sonoma County Department of Public Health; RWQCB, etc.). With implementation
of MM HAZ-2, potential impacts resulting from the Hotel site’s listing on a hazardous materials site
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compiled pursuant to Government Code Section 65962.5 would not create a significant hazard to the
public or the environment and impacts would be less than significant.
Hydrology and Water Quality – Water Quality Standards: The Project would not violate any
water quality standards or waste discharge requirements or otherwise substantially degrade surface
or ground water quality. (Draft EIR, Section 4.1.8)
However, implementation of MM EKN HAZ-2 would reduce Project effects related to water quality
standards to less than significant
Mitigation Measures
EKN HAZ-2: See above.
Finding for Hydrology and Water Quality – Water Quality Standards: Pursuant to CEQA
Guidelines, the City Council finds that in the Overlay, impacts of future development resulting from
a violation of water quality or waste discharge standards or through alteration of existing drainage
patterns, including through the addition of impervious surfaces would be less than significant. MM
EKN HAZ-2 would apply to the Hotel and require demonstration of compliance with all
requirements of the Risk Management Plan. Pursuant to CEQA Guidelines, the City Council finds
that MM EKN HAZ-2 will be incorporated into the Project via conditions of approval for the Hotel
and will reduce the Hotel’s impacts to Hydrology and Water Quality to a less-than-significant level.
Rationale for Finding: The Hotel would implement standard erosion and sediment control
requirements set forth in Municipal Code Chapter 17.31 (Grading and Erosion Control) during all
stages of construction. Typical BMPs applied during construction activities include use of fiber filter
rolls, sandbags or interceptors at storm drain inlets, track pads at access points, and spill prevention,
among others. Through compliance with the City’s Grading and Erosion Control Ordinance water
quality standards and waste discharge requirements would be met. Additionally, prior to groundwater
extraction or discharge, including construction dewatering, the Hotel would demonstrate compliance
with MM EKN HAZ-2, which requires written approval from the Sonoma County Department of
Health Services and notification to the RWQCB and City of Petaluma. Therefore, after applying
these measures, the impact would be less than significant.
Noise –Ambient Noise Standards: The Project could generate a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the
local general plan or noise ordinance, or applicable standards of other agencies. (Draft EIR, Section
4.1.10)
However, implementation of MM EKN NOI-1 would reduce Project effects related to noise
standards to less than significant.
Mitigation Measures
EKN NOI-1:The following Best Construction Management Practices shall be implemented to
reduce construction noise levels emanating from the site, limit construction hours, and
minimize disruption and annoyance:
1. Pursuant to the Implementing Zoning Ordinance, restrict noise generating activities
at the construction site or in areas adjacent to the construction site to the hours between
7:00 a.m. and 10:00 p.m., Monday through Friday and 9:00 a.m. to 10:00 p.m. on
Saturday, Sunday, and State, federal, or local Holidays.
2. Utilize ‘quiet’ models of air compressors and other stationary noise sources where
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technology exists.
3. Equip all internal combustion engine-driven equipment with mufflers, which are in
good condition and appropriate for the equipment.
4. Locate all stationary noise generating equipment, such as air compressors and
portable power generators, as far away as possible from adjacent receptors.
5. Acoustically shield stationary equipment located near adjacent receptors with
temporary noise barriers.
6. Locate staging areas and construction material areas as far away as possible from
adjacent receptors.
7. Prohibit all unnecessary idling of internal combustion engines.
8. Route all construction traffic to and from the project site via designated 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.
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.
Finding Noise Impacts – Ambient Noise Standards: Pursuant to CEQA Guidelines, the City
Council finds that noise impacts as a result of the construction or operation of future site-specific
developments under the proposed Overlay would be less than significant. Pursuant to CEQA
Guidelines, the City Council finds that with respect to the Hotel, MM EKN NOI-1, which requires
implementation of BMPs, would reduce Project effects related to construction noise to less than
significant. Operational noise impacts would be less than significant. Pursuant to CEQA Guidelines,
the City Council finds that MM EKN NOI-1 will be incorporated into the Project via conditions of
approval for the Hotel and will reduce the Hotel’s construction noise impacts to a less-than-
significant level.
Rationale for Finding: The Overlay would not result in direct physical changes to the environment.
As there is no physical development proposed by the Overlay component of the project and future
projects facilitated by the Overlay would be subject to independent review, noise impacts of the
Overlay would be less than significant. All future construction activities facilitated by the Overlay
would be subject to performance standards set forth in the City’s IZO, in particular Sections 21.303
and 21.040 which establish hours of operation and maximum exterior noise exposure standards for
construction and other noise generating activities. Accordingly, noise impacts of the Overlay are less
than significant.
With respect to the Hotel, anticipated construction noise levels fall below the FTA criteria for
residential and commercial uses and the Hotel is subject to the performance standards set forth in
Section 21.040 of the IZO. To ensure temporary construction noise does not result in a significant
impact, the Hotel shall comply with the BMPs set forth in MM EKN NOI-1. However, based on the
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Project’s anticipated operational noise, impacts resulting from a permanent noise increase in excess
of established standards would be less than significant with no mitigation required. With
implementation of MM EKN NOI-1, construction noise levels will be minimized and impacts
resulting from construction of the proposed Hotel would be reduced to less than significant.
Noise - Vibration: The Project could result in generation of excessive groundborne vibration or
groundborne noise levels. (Draft EIR, Section 4.1.10)
However, implementation of MM EKN NOI-2 would reduce Project effects related to groundborne
vibration and noise to less than significant.
Mitigation Measures
EKN NOI-2:The following measures shall be implemented when construction activities occur
within 20 feet of adjacent buildings:
1. Prohibit the use of heavy vibration-generating construction equipment within 20 feet
of adjacent buildings.
2. Use a smaller vibratory roller, such as the Caterpillar Model CP433E vibratory
compactor, when compacting materials within 20 feet of adjacent buildings. Only use
the static compaction mode when within 10 feet of the adjacent buildings.
3. Avoid dropping heavy equipment and use alternative methods for breaking up
existing pavement, such as a pavement grinder, instead of dropping heavy objects,
within 20 feet of adjacent buildings.
4. Designate a person responsible for registering and investigating claims of excessive
vibration. The contact information of the designated person shall be clearly posted on
the construction site.
Finding Noise Impacts - Vibration: Pursuant to CEQA Guidelines, the City Council finds that
groundborne vibration and noise as a result of the construction or operation of future site-specific
developments under the proposed Overlay would be less than significant. Pursuant to CEQA
Guidelines, the City Council finds that with respect to the Hotel, MM EKN NOI-2, which requires
implementation of BMPs, would reduce Project effects related to construction groundborne vibration
and noise to less than significant. Operational vibration impacts would be less than significant.
Pursuant to CEQA Guidelines, the City Council finds that MM EKN NOI-2 will be incorporated
into the Project via conditions of approval for the Hotel and will reduce the Hotel’s construction
vibration and noise impacts to a less-than-significant level.
Rationale for Finding: The Overlay would not result in direct physical changes to the environment.
As there is no physical development proposed by the Overlay component of the project and future
projects facilitated by the Overlay would be subject to independent review, vibration impacts of the
Overlay would be less than significant. Additionally, all future construction activities facilitated by
the Overlay would be subject to performance standards set forth in the City’s IZO, in particular
Sections 21.303 and 21.040 which establish hours of operation and for construction. At operation
there are no activities associated with commercial and residential uses permitted by the Overlay that
are expected to generate perceptible groundborne vibration.
With respect to the Hotel, potential impacts are limited to construction. To ensure project-generated
vibration does not damage adjacent buildings, compliance with MM EKN NOI-2 shall be required
which establishes protective measures when vibration-generating activities occur within 20 feet of
adjacent buildings. With implementation of MM EKN NOI-2, impacts associated with groundborne
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vibration and noise as a result of construction of the proposed Hotel will be reduced to less than
significant.
Transportation – Geometric Design Feature: The Project could substantially increase hazards due
to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses
(e.g., farm equipment). (Draft EIR, Section 4.1.14)
However, implementation of MM TRA-1 would reduce Project effects related to geometric design
features to less than significant.
Mitigation Measures
EKN TRA-1:
Upon submittal of plans for building permit, the applicant shall submit a Valet Service Plan prepared
by a licensed traffic engineer. The Plan shall be subject to review and approval by the City of
Petaluma prior to issuance of building permits, and on an annual basis after the start of operation.
The Plan shall, at a minimum, ensure the three-vehicle capacity is not exceeded.
The Plan may include any combination of the following measures, or other similarly effective
measures, in order to prevent employee use of the valet parking spaces:
•All employees of the Hotel who drive their own vehicle to work or who carpool to work
with other employees must register their primary vehicle with the hotel operator.
Employee vehicles will include a decal. A reporting form shall be maintained by hotel
and be updated monthly to reflect any new hires or employee departures. At
hiring/orientation, all employees will be informed of all hotel and local parking policies.
•Employees will be instructed to park on the hotel grounds and will be prohibited from
parking in public spaces/streets.
•The parking plan and policies will be included in all employee training manuals and
handbooks to be developed prior to occupancy and utilize for all employee training
sessions pre-opening and through ongoing operations.
•Starting at 12 to 18 months after initial occupancy, and annually thereafter, until no longer
deemed necessary to the City, the hotel management team shall prepare and submit a
parking compliance report to The Planning Department. The report shall list the number
of employees traveling to work by vehicle, the number of reported and observed
infractions in a given year, and the success of participation in ride sharing, carpool,
vanpool, and public transit incentive programs.
•All employees, upon training and employee initiation, shall be informed that local transit
passes are available to all employees free of charge. Employees will receive information
on alternative transportation options. Employees will utilize vanpools, carpools, ride
sharing, or public transit must also be informed that if their regular means of
transportation to/from work is somehow compromised, that hotel management is
obligated to provide the employee with a “free ride” home via taxi, Uber, Lyft, or other
method with no cost to the employee. The number of employees utilizing transit passes
and the “free ride” home program will be documented in the annual compliance report.
•In the employee dining area, all transit-related information will be posted. This
information will include but is not limited to: ride sharing boards, and information
regarding local mass transit routes, and free public transit passes must be posted at all
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times. Verification by the Planning Department prior to issuance of a Certificate of
Occupancy shall be made available upon inspection by the Planning Department on an
ongoing basis.
•Employees shall have access to locker rooms with showers (both male and female) at all
times during their employment. This facility is a part of the project plans and shall be
verified by the Planning Department staff prior to certificate of occupancy. These
facilities shall be inspected to ensure they are in clean and working order on an ongoing
basis by the Planning Department, upon request.
•Employees wishing to bike to work shall have access to secure bike storage facilities.
Those employees who bike to work shall register with human resources and shall inform
human resources in the event that they are unable to bike to work for a particular reason
including inclement weather. Human resources will work to either provide temporary
parking passes to employees who will need to drive to work for a limited period of time,
or assist in finding carpools vanpools, or ride sharing services or public transit services
for these employees.
The Plan may include any combination of the following measures, or other similarly effective
measures, for Hotel guest valet parking:
•Starting with reservations, prospective and confirmed hotel guests will be made aware of
the multiple transportation offers available to them including complimentary transfers
upon request.
•On the Hotel website, information will be made available to guests and prospective
guests.
•Upon requests, all guest wishing to travel to/from the hotel to local destinations will be
provided with complimentary transit in a hotel owned or leased vehicle.
•Guests will be notified at the time of reservation, confirmation, and check-in that parking
is valet only.
•At check in, the valet will take the guest’s name with the make, model, name, color, and
license plate number of the guest’s vehicle. Hotel management will respond to complaints
if they notice a resort guest utilizing public streets. The hotel will have a guest’s vehicle
information on file and will immediately contact the guest to have the vehicle moved to
the hotel parking lot.
The Plan may include any combination of the following measures, or other similarly effective
measures, for special events and valet parking:
•Hotel events shall be valet only. All events shall feature a form of validation for guest
valet parking such that staff can monitor the number of guest’s valet parking vehicles on
site for a given event.
•Hotel management shall produce event-related compliance reports starting 12-18 months
after occupancy, and then every year thereafter until no longer deemed necessary by the
Planning Department. The report shall be generated for events exceeding 50 people in
size, or when the cumulative number of outside event guests on site at a given time is 100
or more. The reports shall list the type of event, the number of patrons at the event, the
time of the event, the number of employees staffing the event, and the number of valet
tickets utilized for a particular event.
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Finding Traffic Impacts – Geometric Design Feature: Pursuant to CEQA Guidelines, the City
Council finds that traffic impacts under the proposed Overlay would be less than significant. With
respect to the Hotel, MM EKN TRA-1, which requires preparation and ongoing implementation of
a valet service plan, would reduce Project effects related to design features to less than significant.
Pursuant to CEQA Guidelines, the City Council finds that Mitigation Measure TRA-1 will be
incorporated into the Project via conditions of approval for the Hotel and will reduce the Hotel’s
impacts related to design features to a less-than-significant level.
Rationale for Finding: As all future development within the proposed Overlay would be subject to
independent discretionary review, impacts resulting from a conflict with CEQA Guidelines Section
15064.3(b), through introduction of a design feature hazard, or through inadequate emergency access
would be less than significant.
Although the City Council finds that it is unlikely that the Hotel would result in a design hazard, to
ensure the Hotel’s valet service operations do not exceed the available on street space, MM EKN
TRA-1 shall be implemented, which requires preparation and ongoing implementation of a valet
service plan. With implementation of MM EKN TRA-1, Hotel impacts resulting from vehicles
queueing on Petaluma Boulevard South, which could create a design hazard, would be less than
significant
SECTION 5: NO SIGNIFICANT IMPACTS THAT CANNOT BE MITIGATED TO A
LESS- THAN-SIGNIFICANT LEVEL
The Project was analyzed for potentially significant impacts related to each of the City’s thresholds
of significance for evaluating environmental impacts. See Draft EIR, Chapter 3, Environmental
Impact Analysis, Chapter 4, Additional Effects Evaluated in the Initial Study. The results of the
analysis demonstrate that the Project would not result in any significant and unavoidable impacts.
As discussed above in Section 3 of these Findings, the City Council found that the Project would
have no impact or a less than significant impact with respect to the majority of the City’s thresholds
of significance. Further, as discussed in Section 4, the City Council found that all remaining impacts
that are potentially significant can be reduced to less than significance with the implementation of
feasible mitigation.
Each of the Overlay parcels identified in Section 2.1, above, was included in the evaluation of the
Project analyzed in Chapter 3, Environmental Impact Analysis and Chapter 4, Additional Effects
Evaluated in the Initial Study. The Downtown Housing and Economic Opportunity Overlay
evaluated in these Findings is described in greater detail in Section 6.4 - Alternative 2—Reduced
Area C, of the EIR. To the extent the Overlay evaluated in these Findings encompasses fewer parcels
than the full list of parcels identified in the EIR, the City Council finds that the less than significant
impacts disclosed in the EIR would be further reduced.
Therefore, based on the entire record before it, the City Council finds no substantial evidence that
there are any potentially significant impacts associated with the Project that cannot be reduced to
below a level of significance.
SECTION 6: ALTERNATIVES
6 Project Alternatives
The EIR Set Forth a Reasonable Range of Alternatives
The CEQA Guidelines require that an EIR describe a reasonable range of alternatives that would
feasibly attain most of the basic project objectives but would avoid or substantially lessen any of the
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significant environmental effects of the project and evaluate the comparative merits of the
alternatives (CEQA Guidelines Section 15126[a]). Case law has indicated that the lead agency has
the discretion to determine how many alternatives constitute a reasonable range (Citizens of Goleta
Valley v. Board of Supervisors [1990], 52 C.3d 553, 566). The CEQA Guidelines note that
alternatives evaluated in the EIR should be able to attain most of the basic objectives of the project
(CEQA Guidelines Section 15126.6[a]). An EIR need not present alternatives that are incompatible
with fundamental project objectives (Save San Francisco Bay Association vs. San Francisco Bay
Conservation & Development Commission [1992], 10 Cal.App.4th 908); and the CEQA Guidelines
provide that an EIR need not consider alternatives that are infeasible (CEQA Guidelines Section
15126.6[a]). The CEQA Guidelines provide that among the factors that may be taken into account
when addressing the feasibility of alternatives are “site suitability, economic viability, availability of
infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional
boundaries, and whether the proponent can reasonably acquire, control or otherwise have access to
the alternative site.” (CEQA Guidelines Section 15126.6[f][1]). The range of alternatives required in
an EIR is governed by a “rule of reason” that requires the EIR to set forth only those alternatives
necessary to permit a reasoned choice (CEQA Guidelines Section 15126.6[f]).
Throughout Chapter 3 of the Draft EIR, the analysis envisioned an Overlay area of approximately
12.18 acres, which was fully evaluated. As discussed in detail in Chapter 6, impacts associated with
the Project would be incrementally less compared to the 12.18 acre Overlay alternative evaluated in
Chapter 3. Furthermore, in Chapter 6, the Draft EIR thoroughly considered two additional
alternatives to the Project, including: the No Project Alternative, and the Reduced Height Alternative.
As presented in the Draft EIR, Section 6.7, Alternatives Rejected from Further Consideration,
provides a summary of the various alternatives that were initially considered including off-site
alternatives, a hotel without underground parking, reduced Overlay in Area A only, and an Overlay
without expanded lot coverage. Additionally, numerous iterations of these alternatives were
suggested during the public comment period. With respect to an alternative that would include Area
A only, although it would achieve some of the project objectives, it would not do so to the same
degree as the Project and would not substantially reduce any potentially significant impacts. None
of the alternatives suggested during the public comment period provide substantially different
opportunities compared to the alternatives considered in the Draft EIR. As such, they do not meet
the standards outlined in CEQA Guidelines Section 15126.6(a) with regard to the selection of
alternatives, and are rejected from further consideration. (See Final EIR Volume 2, Master Response
3,–Alternatives, for additional information regarding the Alternatives Analysis.)
The City Council hereby concludes that the Final EIR and Draft EIR sets forth a reasonable range of
alternatives to the Project so as to foster informed public participation and informed decision making.
Findings Rejecting Alternatives Are Not Required
Findings rejecting alternatives are required only if one or more significant environmental effects will
not be avoided or substantially lessened by mitigation measures. An agency need not make findings
rejecting alternatives described in the EIR if all of the project's significant impacts will be avoided
or substantially lessened by mitigation measures. An agency need make only one or more of the
findings listed in Pub Res C §21081(a) for each significant impact, so if it makes a mitigation finding
for each significant impact, no further findings are required. See Pub Res C §21081(a)(1)–(2); 14
Cal Code Regs §15091(a)(1)–(2).
In Laurel Hills Homeowners Ass'n v City Council (1978) 83 CA3d 515, the court held that, if
mitigation measures substantially lessen a project's significant environmental effects, the lead agency
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may approve the project without making findings on the feasibility of the EIR's project alternatives.
The court concluded that CEQA does not mandate the choice of the environmentally most desirable
project if, through mitigation measures alone, the agency has reduced the project's environmental
effects to an acceptable level. 83 CA3d at 521. See also Stevens v City of Glendale (1981) 125 CA3d
986, 996; No Slo Transit, Inc. v City of Long Beach (1987) 197 CA3d 241.
In Laurel Heights Improvement Ass'n v Regents of Univ. of Cal. (1988) 47 C3d 376, 402, the
California Supreme Court noted with approval the holding in Laurel Hills that CEQA does not
require an agency to consider an environmentally superior alternative when approving a project if
mitigation measures will substantially reduce environmental impacts. See also Rio Vista Farm
Bureau Ctr. v County of Solano (1992) 5 CA4th 351, 379 (agency is not required to make findings
on feasibility of EIR's alternatives if mitigation measures will reduce environmental impacts to
acceptable levels). Thus, when an agency finds that significant adverse effects will be avoided or
substantially lessened by mitigation measures, it need not make findings that environmentally
superior alternatives are infeasible. See Mira Mar Mobile Community v City of Oceanside (2004)
119 CA4th 477; Protect Our Water v County of Merced (2003) 110 CA4th 362, 373; Kings County
Farm Bureau v City of Hanford (1990) 221 CA3d 692.
In Section 4 above, the City Council finds that all potential significant impacts would be reduced
with implementation of feasible mitigation. Further, as set forth in Section 5, above, the City Council
finds that there are no significant and unavoidable project impacts. Accordingly, no findings rejecting
project alternatives or identifying an environmentally superior alternative are required.
SECTION 7: STATEMENT OF PROJECT BENEFITS
The City Council further specifically finds that there are specific economic, legal, social, and other
benefits that support approving the Project. Those reasons are enumerated below.
Implementation of the Project would:
•The Overlay would encourage the placement of future residents and employees within close
proximity to existing transit facilities, lowering the amount of fuel consumed, which would
result in an overall decrease in per capita transportation energy consumption when compared
with State averages. Additionally, guests and patrons would be able to visit stores and
residences using these transit facilities, further promoting sustainable transportation choices.
•The Overlay would facilitate concentration of development proximate to existing goods
services, and transit services, which would in turn support and promote existing businesses
in the Downtown area.
•The Overlay would facilitate development that would contribute to the City in the form of
impact fees that could be utilized to purchase and develop City parks and improve City
facilities.
•The Overlay would provide improved walkability with new, wider sidewalks, new street
trees and other public amenities. The Overlay would improve the pedestrian experience
through streetscape enhancements. The Hotel applicant would upgrade the curb ramps at
two existing crosswalks to comply with Americans with Disabilities Act (ADA)
requirements and would install one streetlight.
•The Overlay would provide development flexibility to encourage business development that
would increase the City’s tax base. The Hotel would also bring patrons to the businesses
downtown, which would encourage business development and increase the City’s tax base.
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•The Hotel includes development of a new bus stop along the Petaluma Boulevard North
frontage, adjacent to Center Park, providing increased access to transit for residents and
visitors in the Downtown area.
•The Hotel would introduce a new publicly accessible private open space that is open to the
public at least 8 hours per day and/or at least 120 days per year for the benefit of residents
and visitors to the Downtown area.
•The Hotel would contribute to the City through an increase in tax base and development
fees.
SECTION 8: GENERAL FINDINGS
1. The City, acting through the City Council, is the “Lead Agency” for the Project evaluated in the
EIR. The City Council finds that the EIR was prepared in compliance with CEQA and the CEQA
Guidelines. The City Council finds that it has independently reviewed, considered, and analyzed
the EIR for the Project, that the Draft EIR which was circulated for public review reflected its
independent judgment and that the Final EIR reflects the independent judgment and analysis of
the City Council in accordance with Public Resources Code Section 21082.1(c)(3).
2. The Draft EIR evaluated the following potential direct, indirect and cumulative environmental
impacts: Aesthetics, Cultural Resources and Tribal Cultural Resources, and Land Use and
Planning. Additionally, the EIR considered, in separate sections, Growth Inducing Impacts,
Significant Irreversible Changes and Mandatory Findings of Significance. Chapter 4
summarizes the Initial Study, Appendix A of the Draft EIR, and fully addresses the remaining
CEQA topics. The significant environmental impacts of the Project, as well as other alternatives
were identified in the Draft EIR.
3. The City Council finds that the Draft EIR provides objective information to assist the decision
makers and the public at large in their consideration of the environmental consequences of the
Project. The public review period provided all interested jurisdictions, agencies, private
organizations, and individuals the opportunity to submit comments regarding the Draft EIR. The
Final EIR was prepared after the review period and responds to comments made during the
public review period.
4. The City Council of Petaluma evaluated comments on environmental issues received from
persons who reviewed the Draft EIR. In accordance with CEQA, written responses were
provided describing the disposition of significant environmental issues raised. The Final EIR
provides adequate, good faith and reasoned responses to the comments. The City Council of
Petaluma reviewed the comments received and responses thereto and has determined that neither
the comments received nor the responses to such comments add significant new information
regarding environmental impacts to the Draft EIR. The City Council of Petaluma, as the Lead
Agency, has based its actions on full appraisal of all viewpoints, including all comments
received up to the date of adoption of these Findings, concerning the environmental impacts
identified and analyzed in the FEIR.
a. Having reviewed the information contained in the Draft EIR, the Final EIR, and the
administrative record, as well as the requirements of CEQA and the CEQA Guidelines
regarding recirculation of Draft EIRs, the City Council finds that there is no new significant
impact, substantial increase in the severity of a previously disclosed impact, significant new
information in the record of proceedings or other criteria under CEQA that would require
recirculation of the Draft EIR, or that would require preparation of a supplemental or
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subsequent EIR. Specifically, the City Council finds that the Responses to Comments
contained in the Final EIR fully consider and respond to comments claiming that the Project
would have significant impacts or more severe impacts not disclosed in the Draft EIR and
includes substantial evidence that none of these comments provided substantial evidence
that the Project would result in changed circumstances, significant new information,
considerably different or feasible mitigation measures, or new or more severe significant
impacts than were discussed in the Draft EIR, which would require recirculation of the Draft
EIR. Thus, the City Council finds that, as significant new information was not added to the
Draft EIR, recirculation is not required pursuant to Public Resources Code Section 21092.1.
b. The City Council has thoroughly reviewed the public comments received regarding the
Project and the Final EIR as it relates to the Project to determine whether, under the
requirements of CEQA, any of the public comments provide substantial evidence that would
require recirculation of the EIR prior to its adoption and has determined that recirculation of
the EIR is not required.
c. None of the information submitted after publication of the Final EIR, including testimony
at the public hearings on the Project, constitutes significant new information or otherwise
requires preparation of a supplemental or subsequent EIR. The City Council does not find
this information and testimony to be credible evidence of a significant impact, a substantial
increase in the severity of an impact disclosed in the Final EIR, or a feasible mitigation
measure or alternative not included in the Final EIR.
d. The mitigation measures identified for the Project were included in the Draft EIR and Final
EIR. The final mitigation measures for the Project are described in the Mitigation
Monitoring and Reporting Program (MMRP) and subsequently incorporated into the Project
as conditions of approval. The City Council finds that the impacts of the Project have been
fully mitigated by the mitigation measures identified in the MMRP.
5. CEQA requires the Lead Agency approving a project to adopt a MMRP or the changes to the
project which it has adopted, or made a condition of project approval, in order to ensure
compliance with the mitigation measures during project implementation. The mitigation
measures included in the EIR as certified by the City Council and in the MMRP as adopted by
the City serve that function. The MMRP includes all of the mitigation measures adopted by the
City Council in connection with the approval of the Project and has been designed to ensure
compliance with such measures during implementation of the Project. In accordance with
CEQA, the MMRP provides the means to ensure that the mitigation measures are fully
enforceable. In accordance with the requirements of Public Resources Code Section 21081.6,
the City Council hereby adopts the MMRP.
6. In accordance with the requirements of Public Resources Code Section 21081.6, the City
Council hereby adopts each of the mitigation measures expressly set forth herein as conditions
of approval for the Project.
7. The City Clerk of the City of Petaluma is the custodian of the documents or other materials
which constitute the record of proceedings upon which the City Council’s decision is based is
the City of Petaluma.
8. The City Council finds and declares that substantial evidence for each and every finding made
herein is contained in the EIR, which is incorporated herein by this reference, or is in the record
of proceedings in the matter.
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9. The City Council is certifying an EIR for, and is approving and adopting Findings for, the
entirety of the actions described in these Findings and in the EIR as comprising the Project.
10. The EIR is a program EIR for purposes of the environmental analysis of the Overlay. This
program EIR is prepared to support approval of the Overlay, and to simplify later environmental
review as activities consistent with the Overlay. When specific development projects are
considered, the City may rely on this EIR for relevant analysis. CEQA Guidelines §15168(d)(2)
11. The EIR is a project EIR for purposes of environmental analysis of the Hotel. A project EIR
examines the environmental effects of a specific project. The EIR serves as the primary
environmental compliance document for entitlement decisions regarding the Hotel by the City
Council and the other regulatory jurisdictions.
12. The City of Petaluma, as the Lead Agency, has eliminated or substantially lessened all potential
significant effects.
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Mitigation Monitoring and Reporting Program
for the
Downtown Housing & Economic Opportunity Overlay and EKN
Appellation Hotel Project Environmental Impact Report
City of Petaluma, Sonoma County, California
Prepared for:
City of Petaluma
11 English Street
Petaluma, CA 94952
707.778.4470
Contact: Olivia Ervin, Principal Environmental Planner
Prepared by:
FirstCarbon Solutions
2999 Oak Road, Suite 250
Walnut Creek, CA 94597
925.357.2562
Contact: Mary Bean, Project Director
Madelyn Dolan, Project Manager
Date: February 25, 2025
Exhibit B - MMRP April 21, 2025
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City of Petaluma
Overlay + Hotel Project Preface
1
PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section
15097 require a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP)
whenever it adopts an Environmental Impact Report (EIR) in conjunction with a project approval.
The purpose of the MMRP is to ensure compliance with the mitigation measures occurs during
project implementation.
The Draft EIR prepared for the proposed Downtown Housing & Economic Opportunity Overlay and
EKN Appellation Hotel Project (proposed project) concluded that project implementation could
result in potentially significant effects on the environment and mitigation measures were
incorporated into the proposed project or are required as a condition of project approval that
reduce these potential impacts to a less than significant level. This MMRP documents how and when
the mitigation measures adopted by the Lead Agency will be implemented and confirms that
potential environmental impacts are reduced to less than significant levels as identified in the Draft
EIR.
This document does not discuss those subjects that the environmental analysis demonstrates would
result in less than significant impacts and for which no mitigation was proposed or necessary.
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City of Petaluma
Overlay + Hotel Project Mitigation Monitoring and Reporting Program
3
Table 1: Overlay and Hotel Project Mitigation Monitoring and Reporting Program
Verification of Completion
Mitigation Measures Method of Verification Timing of Verification
Responsible for
Verification Date Initial
3.1 Aesthetics
Implement Mitigation Measure Overlay CUL-1e See Overlay CUL-1e
3.2 Cultural Resources and Tribal Cultural Resources
Overlay CUL-1a:Individual development projects which
propose to alter a building or structure greater than 45 years
of age shall be subject to a Historical Resources Evaluation
(HRE), performed by an architectural historian or historian
who meets the Secretary of the Interior’s Professionally
Qualified Standards in architectural history or history. The
HRE shall include a records search to determine whether any
resources that may be potentially affected by the project
have been previously recorded, evaluated, and/ or
designated in the National Register of Historic Places (NRHP),
California Register of Historical Resources (CRHR), or a local
register. Following the records search, the qualified
architectural historian shall conduct a survey in accordance
with the California Office of Historic Preservation (OHP)
guidelines to identify any previously unrecorded potential
historical resources that may be potentially affected by the
Project.
The criteria for determining a historically significant building
or structure shall meet one or more of the criteria outlined in
Public Resources Code Section 5024.1 and California
Environmental Quality Act (CEQA) Guidelines Section
15064.5(a).
Review of Historical
Resources Evaluation
(HRE)
Prior to issuance of
demolition, grading
or building permit.
City of Petaluma
Community
Development
Department
Overlay CUL-1b:Properties identified as historically
significant resources shall contain proper documentation
meeting the Historic American Building Survey (HABS)
Guidelines that shall be prepared and implemented, as
Review of submitted
documentation of
Historic American
Prior to issuance of
demolition, grading
or building permit.
City of Petaluma
Community
Development
Department
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City of Petaluma
Overlay + Hotel Project Mitigation Monitoring and Reporting Program
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Verification of Completion
Mitigation Measures Method of Verification Timing of Verification
Responsible for
Verification Date Initial
approved by the qualified historian meeting the Secretary of
the Interior’s Professional Qualifications Standards. Such
documentation shall include drawings, photographs, and
written data for each building/structure/element, and
provide a detailed mitigation plan, including a monitoring
program, recovery, rehabilitation, redesign, relocation,
and/or in situ preservation plan.
Building Survey (HABS)
compliance
Overlay CUL-1c: To ensure that projects requiring the
relocation, rehabilitation, or alteration of a historical
resource do not impact the resource’s significance, the
Secretary of Interior’s Standards for the Treatments of
Historic Properties shall be used to the maximum extent
possible. The application of the standards shall be overseen
by a qualified architectural historian or historic architect
meeting the Professional Qualified Standards. Prior to any
construction activities that may affect the historical resource,
a Historic Resource Evaluation (HRE) identifying and
specifying the treatment of character-defining features and
construction activities shall be provided to the City for review
and approval.
Review of Historical
Resources Evaluation
(HRE)
Prior to issuance of
demolition, grading
or building permit.
City of Petaluma
Community
Development
Department
Overlay CUL-1d: If a Project would result in the significant
alteration of historical resources, recordation of the resource
prior to construction activities will assist in reducing adverse
impacts to the resource to the greatest extent possible.
Recordation shall take the form of Historic American
Buildings Survey, Historic American Engineering Record, or
Historic American Landscape Survey documentation and shall
be performed by an architectural historian or historian who
meets the Professional Qualified Standards. Documentation
shall include an architectural and historical narrative;
medium- or large-format black-and-white photographs,
negatives, and prints; and supplementary information such as
building plans and elevations, and/or historical photographs.
Review of Historic
American Buildings
Survey, Historic
American Engineering
Record, or Historic
American Landscape
Survey compliance
documentation
Prior to issuance of
demolition, grading
or building permit.
City of Petaluma
Community
Development
Department
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City of Petaluma
Overlay + Hotel Project Mitigation Monitoring and Reporting Program
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Verification of Completion
Mitigation Measures Method of Verification Timing of Verification
Responsible for
Verification Date Initial
Documentation shall be reproduced on archival paper and
placed in appropriate local, State, or federal institutions. The
specific scope and details of documentation are to be
developed in coordination with the City of Petaluma.
Overlay CUL-1e: Future developments within the Overlay
that propose height above 45-feet or a lot coverage about 80
percent would be required to obtain a Conditional Use Permit
(CUP) issued by the Planning Commission (PC) based on
specific findings after a public hearing. A CUP can only be
granted if the building height is 75 feet or below. Affirmative
findings for each of the following criteria, supported by
substantial evidence in the record, is required for approval of
a CUP application for increased height up to 60 feet:
1. That the additional height is consistent with the applicable
purposes of the proposed Overlay;
2. That the additional height makes a positive contribution to
the overall character of the area and the building would be
compatible with its surroundings. The “positive contribution”
and “compatibility” will be assessed using a combination of
visual studies, line-of-sight drawings, photo simulations, 3-D
modeling, and view shed analysis;
3. That the additional height would not adversely affect the
exterior architectural characteristics or other features of the
property which is the subject of the application, nor
adversely affect its relationship in terms of harmony and
appropriateness with its surroundings, including neighboring
structures, nor adversely affect the character, or the
historical, architectural, or aesthetic interest or value of the
district;
Review, processing, and
approval of a
Conditional Use Permit
Prior to issuance of
demolition, grading
or building permit.
City of Petaluma
Community
Development
Department
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City of Petaluma
Overlay + Hotel Project Mitigation Monitoring and Reporting Program
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Verification of Completion
Mitigation Measures Method of Verification Timing of Verification
Responsible for
Verification Date Initial
4. That the additional height would not result in
unreasonable restrictions of light and air from adjacent
properties or the public right-of-way, or otherwise be
detrimental to the public health, safety, or welfare; and
5. The building design expresses a relationship to an existing
datum line or lines of the street wall or adjacent historic
resource, if any.
6. That the overall building design and the use of the site
demonstrates exceptional architecture/design. “Exceptional”
architecture/design may be demonstrated by any of the
following:
a. The use of innovative, creative or original architectural
concepts, materials, or building techniques;
b. The use of visual elements that contribute positively to the
built environment, such as well-proportioned facades,
pleasing materials, and unique features;
c. The use of innovative building systems or forms, and/or the
use of creative design, to increase building efficiency and to
reduce energy consumption
d. The use of low impact development and green
infrastructure features in sustainable design and landscaping;
or
e. The use of high-quality building materials that contribute
to long-term durability and visual quality.
The determination of exceptional architecture/design shall be
guided by the input of a qualified professional chosen by the
City.
Additional findings must be made for buildings that are
between 60 and 75 feet. A Project must include at least two
of the of the community benefits described in 1 and 2, and
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Overlay + Hotel Project Mitigation Monitoring and Reporting Program
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Verification of Completion
Mitigation Measures Method of Verification Timing of Verification
Responsible for
Verification Date Initial
one of the community benefits described in 3, 4, and 5
below:
1. Improves the existing streetscape by providing widened
sidewalks, additional street trees, new mid-block
walkways/paseos, public plazas, parks. etc. For a project that
would widen the sidewalk by increasing the ground floor
building setback, a public outdoor amenity space shall be
included in the design, and this space shall be designed and
configured to provide adequate space for pedestrian
movement and activity.; or
2. Provides publicly accessible private open space, such as a
street-level park or rooftop open space that is open to the
public at least 8 hours per day and at least 120 days per year;
and
3. Respects and/or preserve cultural, historical, or
archaeological resources that exist or occur-onsite or within
the Overlay;
4. Exceeds the minimum number of Inclusionary Dwelling
units required by IZO Section 3.040; or
5. Provides all required parking below grade.
The Planning Commission may approve a Conditional Use
Permit to allow for additional lot coverage above 80 percent
if any one or more of the following are true for a project:
1. The development improves the existing streetscape by
providing widened sidewalks, additional street trees, new
mid-block walkways/ paseos, public plazas, parks, etc.;
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City of Petaluma
Overlay + Hotel Project Mitigation Monitoring and Reporting Program
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Verification of Completion
Mitigation Measures Method of Verification Timing of Verification
Responsible for
Verification Date Initial
2. The additional lot coverage would reflect the prevailing
development pattern established by the existing
development within the block or abutting block;
3. The development includes adequate provision for recycling
and solid waste;
4. The development includes adequate space for street trees;
or
5. The development includes other measures to enhance the
pedestrian environment.
If the Planning Commission does not make these requisite
findings, it cannot issue a CUP and the project would not be
approved.
Overlay CUL-2:To determine the archaeological sensitivity
for individual development projects within the Overlay Area,
and pursuant to General Plan Policy Impact 3-P-1(D-K), an
archaeological resources assessment shall be performed
under the supervision of an Archaeologist that meets the
Secretary of the Interior’s Professional Qualified Standards in
either prehistoric or historic archaeology. The assessments
shall include a California Historical Resources Information
System (CHRIS) records search at the Northwest Information
Center (NWIC) and a search of the Sacred Lands File (SLF)
maintained by the Native American Heritage Commission
(NAHC). The records searches shall determine if the Project
has been previously surveyed for archaeological resources,
identify and characterize the results of previous cultural
resource surveys, and disclose any cultural resources that
have been recorded and/or evaluated. A Phase I pedestrian
survey shall be undertaken in areas that are developed and
undeveloped to locate any surface cultural materials. The
Review of the
Archaeological
Resources Assessment
to ensure compliance.
Prior to issuance of
demolition, grading
or building permit.
City of Petaluma
Community
Development
Department
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
City of Petaluma
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Federation Indians of Graton Rancheria (FIGR) shall be
notified of the assessment and invited to participate in
pedestrian survey(s).Tribal consultation with FIGR will occur
during each phase: cultural identification, assessment,
monitoring, discovery and post-discovery, reburial, etc., and
will also include a FIGR Tribal Monitor for cultural awareness
training, testing, and for all ground disturbing activities
1. The City shall consult with FIGR to prioritize avoidance of
impacts to tribal cultural resources by determining the most
culturally sensitive approach to redesign the project, as
feasible.
2. If potentially significant archaeological resources are
identified through an archaeological resources assessment,
and impacts to these resources cannot be avoided, a Phase II
Testing and Evaluation investigation shall be performed by an
Archaeologist who meets the Professional Qualified
Standards and a qualified FIGR Tribal Monitor prior to any
construction-related ground-disturbing activities to
determine significance. Potentially significant cultural
resources consist of, but are not limited to, stone, bone,
fossils, wood, or shell artifacts or features, including hearths,
structural remains, or historic dumpsites. No further grading
shall occur in the area of the discovery until the Lead Agency
approves the measures to protect these resources, which
includes but is not limited to, cultural sensitivity and
awareness training, testing, and archaeological and FIGR
Tribal monitoring. If resources are determined significant or
unique through Phase II testing, the City shall consult with
the qualified Archaeologist and in collaboration with the FIGR
Tribal Monitor to determine the most culturally sensitive
approach to redesign the project and avoid archaeological
and tribal cultural resources as feasible. If resources are
determined significant or unique through Phase II testing,
Review of Phase II
testing and evaluation
report
Prior to issuance of
demolition, grading
or building permit.
City of Petaluma
Community
Development
Department
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
City of Petaluma
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Mitigation Measures Method of Verification Timing of Verification
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and site avoidance is not possible, appropriate site specific
mitigation measures shall be established and undertaken.
These might include a Phase III data recovery program that
would be implemented by a qualified Archaeologist, in
collaboration with the Federated Indians of Graton Rancheria
(FIGR) and any other consulting Tribes’ involvement, and
shall be performed in accordance with the California Office of
Historic Preservation’s (OHP) Archaeological Resource
Management Reports (ARMR). Any previously undiscovered
resources found during construction within the project site
shall be recorded on appropriate California Department of
Parks and Recreation (DPR) forms and evaluated for
significance in terms of California Environmental Quality Act
(CEQA) Guidelines. Any archaeological artifacts recovered as
a result of mitigation shall be donated to a qualified scientific
institution approved by the City of Petaluma, where they
would be afforded long-term preservation to allow future
scientific study. Any Tribal Cultural Resources encountered
shall be managed in accordance with a City of Petaluma and
FIGR approved treatment and recovery plan.
3. If the archaeological assessment did not identify
potentially significant archaeological resources within the
proposed project area but indicated the area to be highly
sensitive for archaeological resources and tribal cultural
resources, or upon request by FIGR, then a pre-construction
cultural resources training (which may include but is not
limited to a cultural sensitivity and awareness training and
testing) shall be conducted by a qualified Archaeologist and a
qualified FIGR Tribal Monitor. The Archaeologist, in
collaboration with the Tribal Monitor, shall inform all
construction personnel prior to construction activities of the
proper procedures in the event of an archaeological
discovery. The training shall be held in conjunction with the
Completion of a pre-
construction cultural
resources training
Monitoring and follow
up by an Archaeologist
who meets the
Professional Qualified
Standards, in
collaboration with a
qualified Native
American Monitor.
Prior to initiation of
construction
activities
As needed during
construction
City of Petaluma
Community
Development
Department
Archaeologist who
meets the
Professional
Qualified
Standards, in
collaboration with a
qualified Native
American Monitor.
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
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Mitigation Measures Method of Verification Timing of Verification
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project’s initial on-site safety meeting and shall explain the
importance and legal basis for the protection of significant
archaeological resources and tribal cultural resources. This
shall be followed by monitoring of all ground-disturbing
construction and pre-construction activities in areas with
previously undisturbed soil by a qualified Archaeologist and
qualified FIGR Tribal Monitor.
In the event that archaeological resources (artifacts or
features) are exposed during ground-disturbing activities,
construction activities within 100 feet of the discovery shall
be halted while the resources are evaluated for significance
by an Archaeologist who meets the Professional Qualified
Standards, in collaboration with a FIGR Tribal Monitor. If the
discovery proves to be significant, the qualified
Archaeologist, in collaboration with the Tribal monitor, shall
make recommendations to the City of Petaluma on the
measures that shall be implemented to protect the
discovered resources, including but not limited to avoidance
or capping, incorporation of the site in green space, parks, or
open space, or data recovery excavation of the finds and
evaluation of the finds in accordance with Section 15064.5 of
the CEQA Guidelines.
4. If the archaeological assessment did not identify
potentially significant archaeological resources but indicates
the area to be of medium sensitivity for archaeological
resources and tribal cultural resources, an Archaeologist who
meets the Professional Qualified Standards and a qualified
FIGR Tribal Monitor shall be retained on an on-call basis. The
Archaeologist, in collaboration with the Tribal monitor, shall
inform all construction personnel prior to construction
activities about the proper procedures in the event of an
archaeological discovery. The training shall be held in
On-call monitoring, as
needed, by an
Archaeologist who
meets the Professional
Qualified Standards, in
collaboration with a
qualified Native
American Monitor.
As needed during
construction
Archaeologist who
meets the
Professional
Qualified
Standards, in
collaboration with a
qualified Native
American Monitor.
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
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Mitigation Measures Method of Verification Timing of Verification
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conjunction with the project’s initial on-site safety meeting
and shall explain the importance and legal basis for the
protection of significant archaeological resources and tribal
cultural resources. In the event that archaeological resources
(artifacts or features) are exposed during ground-disturbing
activities, construction activities within 100 feet of the
discovery shall be halted while the on-call Archaeologist is
contacted. If the discovery proves to be significant, the
qualified Archaeologist, in collaboration with the Tribal
monitor, shall make recommendations to the City of
Petaluma on the measures that shall be implemented to
protect the discovered resources, including but not limited to
excavation of the finds and evaluation of the finds in
accordance with Section 15064.5 of the CEQA Guidelines.
EKN CUL-2b: Archaeological Monitoring Plan and
Archaeological Monitoring. Prior to submittal of plans for
building permit, the applicant shall obtain the services of a
Secretary of Interior qualified Archaeologist to prepare an
Archaeological Monitoring Plan (AMP) and provide
archaeological and FIGR Tribal monitoring of project-related
ground-disturbing activities. The AMP shall contain a
provision for a pre-construction meeting and worker
environmental Cultural Resource Awareness Training by a
qualified Archaeologist and a qualified FIGR Tribal Monitor.
The AMP shall take into account the findings of the Historical
Human Remains Detection Canine (HHRDC) and Ground-
Penetrating Radar (GPR) surveys and incorporate protocols
for the identification, documentation and evaluation of
buried archaeological features and human remains. The AMP
shall provide details of the exploratory Phase II Auger testing
that will occur prior to ground disturbing activities The AMP
shall also provide procedures and guidelines for proper
notification to FIGR, other Tribes, agencies, and stakeholders,
as well as a curation and/or reburial plan for recovered
Review and approval of
Archaeological
Monitoring Plan (AMP)
Prior to submittal of
plans for a building
permit
City of Petaluma
Community
Development
Department
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
City of Petaluma
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Verification of Completion
Mitigation Measures Method of Verification Timing of Verification
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materials. The archaeological and FIGR Tribal monitor shall be
empowered to halt construction activities at the location of a
discovery to review possible archaeological material and to
protect the resource while it is being assessed.
Archaeological and FIGR Tribal monitoring shall occur on a
full-time basis until, in the Archaeologist’s judgment,
archaeological and Tribal resources are no longer likely to be
encountered. A report shall also be prepared to document
the findings after construction is completed and provided to
the City of Petaluma and FIGR.
EKN CUL-2b: Archaeological Auger Testing. Prior to ground-
disturbing activities, exploratory hand-auger excavation shall
be conducted in the area marked in green on the aerial
photograph in Figure 18 of the Results of the Ground-
Penetrating Radar (GPR) and Historical Human Remains
Detection Canine (HHRDC) Survey, prepared by Evans &
DeShazo Archaeology and Historic Preservation(EDS) on
September 25, 2023, to determine the presence/absence of a
Native American archaeological resources. The exploratory
hand-auger excavation shall extend to at least 1 meter, which
is the maximum depth in which the layered, sloping strata
was detected by the GPR. The spoils produced from the
excavations shall be screened through 0.25-inch mesh to
inspect the soil for artifacts or other indications of an
archaeological resource. Each excavation shall be backfilled
upon completion. A qualified Archaeologist, a Federated
Indians of Graton Rancheria (FIGR) Tribal Monitor shall be
present for the excavation, and any artifacts identified within
the excavations shall be subject to in-field analysis (i.e.,
photographs, descriptions, measurements, etc.),and any
discovered tribal cultural resources begiven to the FIGR Tribal
Monitor for appropriate treatment.
Review of test results of
hand auguring
Prior to issuance of
grading or building
permit
City of Petaluma
Community
Development
Department
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
City of Petaluma
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Mitigation Measures Method of Verification Timing of Verification
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EKN CUL-2c: Post-review Discoveries. If an archaeological
deposit is encountered during project related ground-
disturbing activities, all work within 50 feet of the discovery
shall be redirected until a Secretary of Interior qualified
Archaeologist, in collaboration with a FIGR Tribal Monitor,
inspects the material, assess its historical significance, and
provides recommendations for the treatment of the
discovery. Potentially significant historic era resources may
include all byproducts of human land use greater than 50
years of age, including subsurface deposits of domestic type
material (e.g., glass, ceramic, metal, wood, faunal remains,
brick), buried alignments of stone, brick, or foundation
elements, or infrastructure related to previous buildings, and
possible features associated with open workspaces or yard
spaces (e.g., stone/brick foundations; chimney remains;
ceramics; buttons; insignia; bullets; tools; and fragments of
ceramics, glass, metal, wood, faunal, brick, concrete, coal,
botanical remains). Potentially significant prehistoric
resources include midden soils, artifacts such as faunal bone,
groundstone, fire-affected rock, baked clay, modified bone
and/or shell, flake stone debitage, flake stone tools, etc., and
features such as house floors, cooking pits, and interred
burials.
As needed, review of
any archaeological
deposits discovered
during construction
As needed, during
construction
City of Petaluma
Community
Development
Department
EKN CUL-3: If human remains are encountered within the
project area during project-related ground-disturbing
activities, all work must stop within 100-feet of the discovery
area, the area and associated spoils shall be secured to
prevent further disturbance. The Sonoma County Coroner
must be notified immediately. It is important that the
suspected human remains, and the area around them, are
undisturbed and the proper authorities are called to the
scene as soon as possible. The Coroner shall determine if the
remains are prehistoric Native American remains or of
modern origin and if any further investigation by the Coroner
Review of any
documentation provided
by the County Coroner
and/or Most Likely
Descendant
As needed, during
construction
City of Petaluma
Community
Development
Department,
through review of
documentation
provided by the
County Coroner
and/or Most Likely
Descendant
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is warranted. If the remains are suspected to be prehistoric
Native American remains, the Coroner shall contact the
Native American Heritage Commission (NAHC) by telephone
within 24-hours. The NAHC will immediately notify the
person it believes to be the Most Likely Descendant (MLD) of
the remains. The MLD has 48 hours to make
recommendations to the landowner for treatment or
disposition of the human remains. If the MLD does not make
recommendations within 48 hours, the landowner shall
reinter the remains in the project area, in a location that will
be secure from future disturbances. If the landowner does
not accept the descendant’s recommendations, the owner or
the descendant may request mediation by NAHC. According
to the California Health and Safety Code, six (6) or more
human burials at one (1) location constitute a cemetery
(Section 8100), and willful disturbance of human remains is a
felony (Section 7052). A Secretary of Interior qualified
Archaeologist shall also evaluate the historical significance of
the discovery and the potential for additional remains and
provide further recommendations for the treatment of the
resource in coordination with the MLD.
3.3 Land Use and Planning
Implement Mitigation Measure Overlay Cul-1e See Overlay CUL-1e
4.1.2 Air Quality
EKN AQ-1:The latest Bay Area Air Quality
Management District (BAAQMD) recommended Best
Management Practices (BMPs) to control for fugitive dust
and exhaust during shall be incorporated into construction
plans to require implementation of the following throughout
all construction activities:
Printing of BMPs on plan
set.
As needed spot
inspections during
construction
Prior to issuance of
grading or building
permit
During construction
City of Petaluma
Community
Development
Department
City of Petaluma
grading/building
inspectors
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
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Mitigation Measures Method of Verification Timing of Verification
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1. All exposed surfaces (e.g., parking areas, staging areas, soil
piles, graded areas, and unpaved access roads) shall be
watered two times per day.
2. All haul trucks transporting soil, sand, or other loose
material shall be covered.
3. All visible mud or dirt track-out onto adjacent public roads
shall be removed using wet power vacuum street sweepers
at least once per day. The use of dry power sweeping is
prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15
miles per hour (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
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
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District’s General Air Pollution Complaints number shall also
be visible to ensure compliance with applicable regulations.
4.1.3 Biological Resources
MM Overlay BIO-1 Should construction activities commence
during the bird nesting season (February 15 to September
15), a pre-construction nesting bird survey shall be conducted
by a qualified biologist no more than 14 days prior to the
start of ground-disturbing activities. Areas within 300 feet of
construction shall be surveyed for active nests.
Should active nests be identified, a disturbance-free buffer
shall be established based on the needs of the species
identified and shall be maintained until a qualified biologist
verifies that the nestlings have fledged, or the nest has failed.
Should construction activities cease for 14 consecutive days
or more within the nesting season, an additional nesting bird
survey shall be required prior to resuming ground-disturbing
activities. Results of the nesting bird survey shall be
submitted in writing to the City of Petaluma, Community
Development Department.
Results of pre-
construction survey
If needed, confirmation
of establishment of a
buffer
Confirmation of
successful fledging
Prior to issuance of
grading or building
permit; or prior to
re-initiation of
construction if
activities cease for
more than 14 days
As needed, during
construction
Prior to re-initiation
of construction
activities
City of Petaluma
Community
Development
Department
City of Petaluma,
via confirmation by
a qualified biologist
City of Petaluma,
via confirmation by
a qualified biologist
MM EKN BIO-2 The project shall incorporate design features
such as window screens and coverings, window glazing, and
overhangs to minimize risks of collisions with migrating avian
species.
Review of building plans
to ensure all measures
are incorporated
Prior to issuance of
building permit
City of Petaluma
Community
Development
Department
4.1.3 Biological Resources
EKN GHG-2: Prior to the issuance of a building permit, the
proposed off-street parking located within the subterranean
garage on the site of the proposed Hotel shall be designed
and verified for compliance with CALGreen Tier 2 standards.
Review of plans to
ensure compliance
Prior to issuance of
building permit
City of Petaluma
Community
Development
Department
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
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4.1.5 Geology, Soils, and Seismicity
EKN GEO-1: All applicable recommendations set forth in the
Design Level Geotechnical Investigation prepared by Miller
Pacific Engineering Group on January 28, 2022, for the
subject property, including, but not limited to
recommendations related to seismic design, site preparation
and grading, foundation designs, retaining wall designs,
settlement monitoring (see also MM GEO-3), site and
foundation drainage, interior concrete slabs-on-grade,
exterior concrete slabs, underground utilities, and
recommendations for wintertime construction shall be
implemented. Final grading plan, construction plans, and
building plans shall demonstrate that recommendations set
forth in the geotechnical reports have been incorporated into
the final design of the project and to the satisfaction of the
City of Petaluma Public Works and Utilities Department.
Review of plans to
ensure compliance
Prior to issuance of
grading or building
permit
City of Petaluma
Public Works and
Utilities
Department
EKN GEO-2: Prior to issuance of a grading permit, an erosion
control plan along with grading and drainage plans shall be
submitted to the City Engineer for review. All earthwork,
grading, trenching, backfilling, and compaction operations
shall be conducted in accordance with the City of Petaluma’s
Grading and Erosion Control Ordinance #1576, Title 17,
Chapter 17.31 of the Petaluma Municipal Code. These plans
shall detail erosion control measures such as site watering,
sediment capture, equipment staging and laydown pad, and
other erosion control measures to be implemented during
construction activity on the project site.
Review of erosion
control plan to ensure
compliance
Prior to issuance of
grading permit
City Engineer
EKN GEO-3: Upon submittal of plans for project construction,
a damage assessment of all existing adjacent structures and
improvements shall be submitted to the City of Petaluma
Community Development Department. The damage
Review of assessment of
existing adjacent
structures
Prior to issuance of
building permit
City of Petaluma
Community
Development
Department
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
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assessment shall document existing conditions of adjacent
improvements, including foundation cracking, un-level floors,
out of plumb walls, out of square door/window openings,
etc. Upon excavation of the proposed basement, vertical and
lateral control points shall be established. Throughout project
construction, the control points shall be periodically
measured and monitored by a licensed surveyor to
determine whether any vertical or lateral movement is
occurring adjacent to the excavation. If any movement is
observed/measured, steps shall be taken to strengthen the
excavation shoring to control settlements and lateral
movements. All measurements shall be provided to the City
of Petaluma Community Development Department.
Periodic inspection Periodically,
throughout
construction
City of Petaluma
Community
Development
Department will
review licensed
surveyor
measurements
EKN GEO-4: Prior to the start of construction activities, a
Qualified Paleontologist that meets the standards of the
Society of Vertebrate Paleontology (SVP) shall be retained to
prepare and conduct pre-construction worker paleontological
resources sensitivity training. The training shall include
information on what types of paleontological resources could
be encountered during excavations, what to do in case an
unanticipated discovery is made by a worker (i.e., discoveries
made within the first 10 feet below ground surface [BGS]),
and laws protecting paleontological resources. All
construction personnel shall be informed of the possibility of
encountering fossils and instructed to immediately inform
the construction foreman or supervisor if any bones or other
potential fossils are unexpectedly unearthed during
construction.
The Qualified Paleontologist or Paleontological Monitor
(under the supervision of the Qualified Paleontologist shall
monitor mass grading and excavation activities below 10 feet
BGS in areas within the project site identified as likely to
Completion of pre-
construction
paleontological
sensitivity training
Prior to any ground
disturbing activity
City of Petaluma
Community
Development
Department
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
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contain paleontological resources. Unanticipated discovery
procedures shall be included in the paleontological resources
sensitivity training to address any potential discoveries in the
first 10 feet BGS. Monitoring activities may be increased or
decreased based on fossil finds (or the lack thereof), at the
discretion of the Qualified Paleontologist.
If a paleontological resource is discovered during
construction, the Paleontological Monitor shall be
empowered to temporarily divert or redirect grading and
excavation activities in the area of the exposed resource to
facilitate evaluation of the discovery. An appropriate buffer
area shall be established by the Qualified Paleontologist
around the find where construction activities shall not be
allowed to continue. Work shall be allowed to continue
outside of the buffer area. All significant fossils shall be
collected by the Paleontological Monitor and/or the Qualified
Paleontologist. Collected fossils shall be prepared to the
point of identification and cataloged before they are
submitted to their final repository. Any fossils collected shall
be curated at a public, non-profit institution with a research
interest in the materials, such as the University of California
Museum of Paleontology (UCMP). A final report of findings
and significance will be prepared by the Qualified
Paleontologist, including lists of all fossils recovered and
necessary maps and graphics to accurately record their
original location(s).
Establishment of a
buffer area, as needed
As needed during
construction
City of Petaluma
Community
Development
Department, via
input from
Paleontological
monitor
4.1.6 Greenhouse Gas Emissions
EKN GHG-1: The most current, at time of project approval,
Bay Area Air Quality Management District- (BAAQMD-)
recommended Best Management Practices (BMPs) to control
for construction-related greenhouse gas (GHG) emissions
Printing of BMPs on plan
set.
Prior to issuance of
grading or building
permit
City of Petaluma
Community
Development
Department
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
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shall be incorporated into construction plans to require
implementation throughout all construction activities.
1. Use zero-emission and hybrid-powered equipment to the
greatest extent possible, particularly if emissions are
occurring near sensitive receptors or located within a
BAAQMD-designated Community Air Risk Evaluation (CARE)
area or Assembly Bill 617 community.
2. Require all diesel-fueled off-road construction equipment
be equipped with United States Environmental Protection
Agency (EPA) Tier 4 Final compliant engines or better as a
condition of contract.
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 (ATCM) (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.
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
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7. Use EPA 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.
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 on-site or shuttles to nearby meal
destinations for construction employees.
12. Reduce electricity use in the construction office by using
light-emitting diode (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.
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
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14. Recycle or salvage nonhazardous construction and
demolition debris, with a goal of recycling at least 15 percent
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 percent 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.
MM EKN GHG-2: Prior to the issuance of a building permit,
the proposed off-street parking located within the
subterranean garage on the site of the proposed Hotel shall
be designed and verified for compliance with CALGreen Tier 2
standards.
Review of plans and
specifications to ensure
compliance
Prior to issuance of
building permit
City of Petaluma
Community
Development
Department
4.1.7 Hazards and Hazardous Materials
EKN HAZ-1: Prior to approval of ground-disturbing activities,
the applicant shall submit a site- and project-specific Health
Review and approval by
the City and Sonoma
Prior to issuance of
a grading permit
City of Petaluma
Community
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
City of Petaluma
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Mitigation Measures Method of Verification Timing of Verification
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and Safety Plan (HASP) and a Soil Management Plan (SMP) to
the Sonoma County Department of Health Services and the
City of Petaluma, Community Development Department. The
HASP shall be developed in accordance with 29 Code of
Federal Regulations. In addition to compliance with federal
regulations, the HASP shall address potential exposure due to
dermal contact and inhalation of residual total petroleum
hydrocarbons (TPH) and benzene, shall specify an air
monitoring program for volatile organic compounds (VOCs)
when performing subsurface earthwork, and shall specify
appropriate personal protective equipment (PPE) to be used.
The SMP shall include, at a minimum, dust control and
monitoring measures, management of stockpiles, and
procedures to follow for disposal of soil off-site, including
required testing for TPH and benzene.
County Department of
Health Services of a
Health and Safety Plan
(HASP) and a Soil
Management Plan (SMP)
Development
Department
EKN HAZ-2: Upon submittal of building permit plans, the
project applicant shall demonstrate compliance (e.g., include
directly in project plans, provide written documentation, etc.)
with all requirements of the Risk Management Plan included
as ‘Exhibit B’ to the Covenant and Environmental Restriction
recorded against the property, as summarized below. In
addition, the applicant shall comply with project-specific
recommendations provided by the Regional Water Quality
Control Board (RWQCB) in July 2022. This measure shall not
be construed to preclude requirements of the Risk
Management Plan (RMP) that are not explicitly listed here.
1. The first floor of the proposed Hotel shall be restricted to
industrial, commercial, and/or office space only; no Hotel
rooms or day care shall be permitted.
2. Concurrent with submittal of building permit plans,
provide a copy of written approval to the City of Petaluma,
Community Development Department from the Sonoma
Review of plans and any
other submitted
documentation to
ensure compliance with
the Risk Management
Plan
Prior to issuance of
a building permit
City of Petaluma
Community
Development
Department
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
City of Petaluma
Overlay + Hotel Project Mitigation Monitoring and Reporting Program
25
Verification of Completion
Mitigation Measures Method of Verification Timing of Verification
Responsible for
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County Department of Health Services for the project as it
involves disturbance of more than 5 cubic yards of soil (RMP,
Section 2.0).
3. 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).
4. 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 (RWQCB). Proof of
notification shall be provided to the City of Petaluma,
Community Development Department (RMP, Section 3.0(B)).
5. Following excavation of the proposed 7,140 cubic yards of
soil, collect soil confirmation samples and grab-groundwater
samples from the resulting excavation pit. 6. 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).
7. 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)).
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
City of Petaluma
Overlay + Hotel Project Mitigation Monitoring and Reporting Program
26
Verification of Completion
Mitigation Measures Method of Verification Timing of Verification
Responsible for
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8. 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.
9. 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).
10. 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 RWQCB that describes, in detail, the type,
cause, location, and date of all of the 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).
4.1.10 Noise
EKN NOI-1:The following Best Construction
Management Practices shall be implemented to reduce
construction noise levels emanating from the site, limit
construction hours, and minimize disruption and annoyance:
1. Pursuant to the Implementing Zoning Ordinance, restrict
noise generating activities at the construction site or in areas
Printing of BMPs on plan
set.
As needed inspection
during construction
Prior to issuance of
grading or building
permit
As needed, during
construction
City of Petaluma
Community
Development
Department
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
City of Petaluma
Overlay + Hotel Project Mitigation Monitoring and Reporting Program
27
Verification of Completion
Mitigation Measures Method of Verification Timing of Verification
Responsible for
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adjacent to the construction site to the hours between 7:00
a.m. and 10:00 p.m., Monday through Friday and 9:00 a.m. to
10:00 p.m. on Saturday, Sunday, and State, federal, or local
Holidays.
2. Utilize ‘quiet’ models of air compressors and other
stationary noise sources where technology exists.
3. Equip all internal combustion engine-driven equipment
with mufflers, which are in good condition and appropriate
for the equipment.
4. Locate all stationary noise generating equipment, such as
air compressors and portable power generators, as far away
as possible from adjacent receptors.
5. Acoustically shield stationary equipment located near
adjacent receptors with temporary noise barriers.
6. Locate staging areas and construction material areas as far
away as possible from adjacent receptors.
7. Prohibit all unnecessary idling of internal combustion
engines.
8. Route all construction traffic to and from the project site
via designated 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
City of Petaluma
Grading and
Building Inspectors
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
City of Petaluma
Overlay + Hotel Project Mitigation Monitoring and Reporting Program
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Verification of Completion
Mitigation Measures Method of Verification Timing of Verification
Responsible for
Verification Date Initial
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.
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 activities occur within 20 feet of adjacent
buildings:
1. Prohibit the use of heavy vibration-generating construction
equipment within 20 feet of adjacent buildings.
2. Use a smaller vibratory roller, such as the Caterpillar Model
CP433E vibratory compactor, when compacting materials
within 20 feet of adjacent buildings. Only use the static
compaction mode when within 10 feet of the adjacent
buildings.
3. Avoid dropping heavy equipment and use alternative
methods for breaking up existing pavement, such as a
pavement grinder, instead of dropping heavy objects, within
20 feet of adjacent buildings.
4. Designate a person responsible for registering and
investigating claims of excessive vibration. The contact
information of the designated person shall be clearly posted
on the construction site.
Printing of BMPs on plan
set.
As needed inspection
during construction
Prior to issuance of
grading or building
permit
As needed, during
construction
City of Petaluma
Community
Development
Department
City of Petaluma
Grading and
Building Inspectors
4.1.14 Transportation
EKN TRA-1: Upon submittal of plans for building permit, the
applicant shall submit a Valet Service Plan prepared by a
Review and approval of
Valet Plan
Prior to issuance of
building permit
City of Petaluma
Community
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
City of Petaluma
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Verification of Completion
Mitigation Measures Method of Verification Timing of Verification
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licensed traffic engineer. The Plan shall be subject to review
and approval by the City of Petaluma prior to issuance of
building permits, and on an annual basis after the start of
operation. The Plan shall, at a minimum ensure the three-
vehicle capacity is not exceeded.
The Plan may include any combination of the following
measures, or other similarly effective measures, in order to
prevent employee use of the valet parking spaces:
•All employees of the Hotel who drive their own
vehicle to work or who carpool to work with other
employees must register their primary vehicle with
the hotel operator. Employee vehicles will include a
decal. A reporting form shall be maintained by the
hotel and be updated monthly to reflect any new
hires or employee departures. At hiring/orientation,
all employees will be informed of all hotel and local
parking policies.
•Employees will be instructed to park on the hotel
grounds and will be prohibited from parking in
public spaces/streets.
•The parking plan and policies will be included in all
employee training manuals and handbooks to be
developed prior to occupancy and utilize for all
employee training sessions pre-opening and through
ongoing operations.
•Starting at 12 to 18 months after initial occupancy,
and annually thereafter, until no longer deemed
necessary to the City, the hotel management team
shall prepare and submit a parking compliance
report to The Planning Department. The report shall
list the number of employees traveling to work by
vehicle, the number of reported and observed
infractions in a given year, and the success of
Development
Department
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
City of Petaluma
Overlay + Hotel Project Mitigation Monitoring and Reporting Program
30
Verification of Completion
Mitigation Measures Method of Verification Timing of Verification
Responsible for
Verification Date Initial
participation in ride sharing, carpool, vanpool, and
public transit incentive programs.
•All employees, upon training and employee
initiation, shall be informed that local transit passes
are available to all employees free of charge.
Employees will receive information on alternative
transportation options. Employees will utilize
vanpools, carpools, ride sharing, or public transit
must also be informed that if the irregular means of
transportation to/from work is somehow
compromised, that hotel management is obligated
to provide the employee with a “free ride” home via
taxi, Uber, Lyft, or other method with no cost to the
employee. The number of employees utilizing transit
passes and the “free ride” home program will be
documented in the annual compliance report.
•In the employee dining area, all transit-related
information will be posted. This information will
include but is not limited to: ridesharing boards, and
information regarding local mass transit routes, and
free public transit passes must be posted at all
times. Verification by the Planning Department prior
to issuance of a Certificate of Occupancy shall be
made available upon inspection by the Planning
Department on an ongoing basis.
•Employees shall have access to locker rooms with
showers (both male and female) at all times during
their employment. This facility is a part of the
project plans and shall be verified by the Planning
Department staff prior to certificate of occupancy.
These facilities shall be inspected to ensure they are
in clean and working order on an ongoing basis by
the Planning Department, upon request.
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
City of Petaluma
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Verification of Completion
Mitigation Measures Method of Verification Timing of Verification
Responsible for
Verification Date Initial
•Employees wishing to bike to work shall have access
to secure bike storage facilities. Those employees
who bike to work shall register with human
resources and shall inform human resources in the
event that they are unable to bike to work for a
particular reason including inclement weather.
Human resources will work to either provide
temporary parking passes to employees who will
need to drive to work for a limited period of time, or
assist in finding carpools vanpools, or ride sharing
services or public transit services for these
employees.
The Plan may include any combination of the following
measures, or other similarly effective measures, for Hotel
guest valet parking:
•Starting with reservations, prospective and
confirmed hotel guests will be made aware of the
multiple transportation offers available to them
including complimentary transfers upon request.
•On the Hotel website, information will be made
available to guests and prospective guests.
•Upon requests, all guest wishing to travel to/from
the hotel to local destinations will be provided with
complimentary transit in a hotel owned or leased
vehicle.
•Guests will be notified at the time of reservation,
confirmation, and check-in that parking is valet only.
•At check in, the valet will take the guest’s name with
the make, model, name, color, and license plate
number of the guest’s vehicle. Hotel management
will respond to complaints if they notice a resort
guest utilizing public streets. The hotel will have a
guest’s vehicle information on file and will
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D
City of Petaluma
Overlay + Hotel Project Mitigation Monitoring and Reporting Program
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Verification of Completion
Mitigation Measures Method of Verification Timing of Verification
Responsible for
Verification Date Initial
immediately contact the guest to have the vehicle
moved to the hotel parking lot.
The Plan may include any combination of the following
measures, or other similarly effective measures, for special
events and valet parking:
•Hotel events shall be valet only. All events shall
feature a form of validation for guest valet parking
such that staff can monitor the number of guest’s
valet parking vehicles on site for a given event.
•Hotel management shall produce event-related
compliance reports starting 12-18 months after
occupancy, and then every year thereafter until no
longer deemed necessary by the Planning
Department. The report shall be generated for
events exceeding 50people in size, or when the
cumulative number of outside event guests on site
at a given time is 100 or more. The reports shall list
the type of event, the number of patrons at the
event, the time of the event, the number of
employees staffing the event, and the number of
valet tickets utilized for a particular event.
Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D