Cities Index.
Agenda packet

Folsom City Council
October 10, 2023

Document
Agenda packet
Meeting
October 10, 2023
Body
Folsom City Council
Pages
646
Original file
76.6 MB
Text extracted from the city's file for reading and search. Open the original on mccmeetings.blob.core.usgovcloudapi.net. That file is the official record.

1 Agenda
City Council Regular Meeting
City Council Chambers | 50 Natoma Street, Folsom CA 95630 October 10, 2023
6:30 PM
Welcome to Your City Council Meeting
We welcome your interest and involvement in the city’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk is also available to answer any questions you have about City Council meeting procedures.

Participation
If you would like to provide comments to the City Council, please:
 Fill out a blue speaker request form, located at the back table.  Submit the form to the City Clerk before the item begins.  When it’s your turn, the City Clerk will call your name and invite you to the podium.  Speakers have three minutes, unless the presiding officer (usually the mayor) changes that time.

Reasonable Accommodations
In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.

How to Watch
The City of Folsom provides three ways to watch a City Council meeting:

In Person Online On TV

City Council meetings take place at
City Hall, 50 Natoma Street
Watch the livestream and replay past
meetings on the city website,
www.folsom.ca.us
Watch live and replays of meetings on
Sac Metro Cable TV, Channel 14

More information about City Council meetings is available at the end of this agenda

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2 City Council Regular Meeting
City Council Chambers | 50 Natoma Street, Folsom CA 95630 www.folsom.ca.us
Tuesday, October 10, 2023 6:30 PM

Rosario Rodriguez, Mayor

YK Chalamcherla, Vice Mayor Sarah Aquino, Councilmember Mike Kozlowski, Councilmember Anna Rohrbough, Councilmember

AGENDA

CALL TO ORDER
ROLL CALL:

Councilmembers: Kozlowski, Rohrbough, Aquino, Chalamcherla, Rodriguez The City Council has adopted a policy that no new item will begin after 10:30 p.m. Therefore, if you are here for an item that has not been heard by 10:30 p.m., you may leave, as the item will be continued to a future Council Meeting.

PLEDGE OF ALLEGIANCE

AGENDA UPDATE
BUSINESS FROM THE FLOOR:

Members of the public are entitled to address the City Council concerning any item within the Folsom City Council's subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda.

SCHEDULED PRESENTATIONS:

1. Proclamation of the Mayor of the City of Folsom Proclaiming October 2023 as National Arts and Humanities Month in the City of Folsom

2. Presentation of the 10th Annual Folsom Community Service Day Results

3. Informational Presentation on Homelessness
CONSENT CALENDAR:

Items appearing on the Consent Calendar are considered routine and may be approved by one motion. City Councilmembers may pull an item for discussion.

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3 4. Approval of September 26, 2023 Regular Meeting Minutes

5. Resolution No. 11107 - A Resolution Authorizing the Finance Director to use Opioid Settlement Funding to Add One Limited-Term Community Service Officer Position to the Police Department Budget in the General Fund and Fund Opioid Combatting Programs and Appropriation of Funds

6. Resolution No. 11108 – A Resolution Authorizing the City Manager to Execute an Agreement with UBEO (Ray Morgan) to Renew/Extend Copier Contract

7. Resolution No. 11109 – A Resolution Authorizing the City Manager to Execute an Agreement with Arctic Wolf Networks, Inc. for Cybersecurity Operations Cloud Services

8. Resolution No. 11110 – A Resolution Amending Resolution No. 10479 and Enacting the Annual Inflationary Adjustment for City User Fees for Selected City Services NEW BUSINESS:

9. Resolution No. 11111- A Resolution of the City Council Declaring Parcels APN 070-0092-007, APN 070-0092-009, APN 070-0092-010, and APN 070-0094-011 as Exempt Surplus Land and Authorize Disposition of Said Parcels
PUBLIC HEARING:

10. Appeal by Bob Delp of a Historic District Commission Approval of a Design Review Application for the 603 Sutter Street Mixed-Use Building
COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS:

CITY MANAGER REPORTS:

COUNCIL COMMENTS:

ADJOURNMENT

NOTICE: Members of the public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address Council on an issue, which is on this agenda, please complete a blue speaker request card, and deliver it to a staff member at the table on the left side of the Council Chambers prior to discussion of the item. When your name is called, stand to be recognized by the Mayor and then proceed to the podium. If you wish to address the City Council on any other item of interest to the public, when the Mayor asks if there is any “Business from the Floor,” follow the same procedure described above. Please limit your comments to three minutes or less.

NOTICE REGARDING CHALLENGES TO DECISIONS: Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

As presiding officer, the Mayor has the authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any such meeting for disorderly conduct, or for making personal, impertinent, or slanderous remarks , using profanity, or becoming boisterous, threatening or personally abusive while addressing said Council, and to enforce the rules of the Council.

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4 PERSONS INTERESTED IN PROPOSING AN ITEM FOR THE CITY COUNCIL AGENDA SHOULD CONTACT A MEMBER OF THE CITY COUNCIL.

The meeting of the Folsom City Council is being telecast on Metro Cable TV, Channel 14, the Government Affairs Channel, and will be shown in its entirety on the Friday and Saturday following the meeting, both at 9 a.m. The City does not control sche duling of this telecast and persons interested in watching the televised meeting should confirm this schedule with Metro Cable TV, Channel 14. The City of Folsom provides live and archived webcasts of regular City Council meetings. The webcasts can be found on the online services page of the City's website www.folsom.ca.us.

In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.

Any documents produced by the City and distributed to the City Council regarding any item on this agenda will be made available at the City Clerk’s Counter at City Hall located at 50 Natoma Street, Folsom, California and at the Folsom Public Library located at 411 Stafford Street, Fols om, California during normal business hours.

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PROCLAMATION

OF THE MAYOR OF THE CITY OF FOLSOM
PROCLAIMING OCTOBER 2023 AS

NATIONAL ARTS AND HUMANITIES MONTH

IN THE CITY OF FOLSOM

WHEREAS, for over 30 years, cities have celebrated the value and importance of arts and culture during National Arts and Humanities Month; and
WHEREAS, the City Council recognizes that arts and cultural activities benefit the residents and visitors of Folsom, and they are a significant contributor to Folsom’s quality of life; and
WHEREAS, the City of Folsom provides the opportunity for our community to enjoy the benefits of art and cultural activities through numerous programs and the existence of an active professional art gallery; and
WHEREAS, the Arts and Culture Commission works with the community to increase public awareness of, understanding of, and participation in the humanities and the arts; and WHEREAS, Folsom has a diverse and vibrant arts scene with local organizations providing opportunities for the public to celebrate and participate in performances, exhibits and events throughout the year to embrace arts and humanities.

NOW, THEREFORE, I, ROSARIO RODRIGUEZ , Mayor of the City of Folsom, do hereby proclaim October 2023 as National Arts and Humanities Month in the City of Folsom and invite everyone to recognize the contributions of the arts to the community, visit our art gallery, and attend the many special cultural activities offered within our city.

PROCLAIMED this 10th day of October 2023.

______________________________
Rosario Rodriguez, Mayor

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10/10/2023 Item No.1.

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10/10/2023 Item No.1.

Folsom City Council
Staff Report

1 MEETING DATE:

10/10/2023
AGENDA SECTION:

Scheduled Presentations
SUBJECT: Presentation of the 10 th Annual Folsom Community Service Day Results

FROM: Parks and Recreation Department

BACKGROUND / ISSUE
The Community Service Day Steering Committee will provide a summary of Folsom’s largest day of volunteerism and the impacts it made in the community during the 10 th Annual Folsom Community Service Day, that was held on Saturday, September 16.

The presentation will be delivered by Tom Hellmann, Recreation & Community Services Manager and Justin Raithel, Chair of the Folsom Community Service Day Steering Committee.

RECOMMENDATION / CITY COUNCIL ACTION
No action is requested of the City Council at this time.

Submitted,

_______________________________________

Kelly Gonzalez, Parks & Recreation Director

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10/10/2023 Item No.2.
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10/10/2023 Item No.2.

Folsom City Council
Staff Report

1 MEETING DATE:

10/10/2023
AGENDA SECTION:

Scheduled Presentations
SUBJECT: Informational Presentation on Homelessness

FROM: City Manager's Office

The Folsom City Council will receive an informational presentation about homelessness. The item will include presentations by:

 City of Folsom Police Department, Code Enforcement Division, and City Attorney’s Office
 Sacramento County Department of Homeless Services and Housing  Jake’s Journey Home
 HART of Folsom
 Powerhouse Ministries
 Hope Cooperative

The scheduled presentation is informational, and no formal action will be taken by the City Council on this item.

Submitted,

Elaine Andersen, City Manager

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10/10/2023 Item No.3.

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10/10/2023 Item No.3.

Book 77 Page 154
Folsom City Council
September 26, 2023

DRAFT – Not Official Until Approved by the City Council City Council Regular Meeting

MINUTES

Tuesday, September 26, 2023 6:30 PM

CALL TO ORDER

The regular City Council meeting was called to order at 6:30 pm with Mayor Rosario Rodriguez presiding.

ROLL CALL:

Councilmembers Present: YK Chalamcherla, Vice Mayor
Mike Kozlowski, Councilmember
Anna Rohrbough, Councilmember
Sarah Aquino, Councilmember
Rosario Rodriguez, Mayor

Councilmembers Absent: None

PLEDGE OF ALLEGIANCE

The pledge of allegiance was recited.

AGENDA UPDATE

None

BUSINESS FROM THE FLOOR:

None

SCHEDULED PRESENTATIONS:

1. Folsom Tourism and Economic Development Corporation (TEDCorp) Quarterly Report TEDCorp representatives Joe Gagliardi, Sally Buchanan, Shannon Robb, and Laura Fickle spoke about their recent "study mission" trip to Austin, Texas.

2. Folsom Plan Area Semi-Annual Report
Community Development Director Pam Johns and City Engineer Steve Krahn made a presentation and responded to questions from the City Council.

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10/10/2023 Item No.4.
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10/10/2023 Item No.4.

Folsom City Council
Staff Report

1 MEETING DATE:

10/10/2023
AGENDA SECTION:

Consent Calendar
SUBJECT: Resolution No. 11107 - A Resolution Authorizing the Finance Director to use Opioid Settlement Funding to Add One Limited- Term Community Service Officer Position to the Police Department Budget in the General Fund and Fund Opioid Combatting Programs and Appropriation of Funds

FROM: Police Department

RECOMMENDATION / CITY COUNCIL ACTION

Move to approve Resolution No. 11107 - A Resolution Authorizing the Finance Director to Use Opioid Settlement Funding to Add One Limited-Term Community Service Officer Position to the Police Department Budget in the General Fund and Fund Opioid Combatting Programs and Appropriation of Funds.

BACKGROUND / ISSUE

On July 21, 2021, a $26 billion offer to settle was made by opioid manufacturer Janssen Pharmaceuticals (parent company of Johnson & Johnson) and the “big three" distributors, McKesson, AmerisourceBergen, and Cardinal Health (“the Distributors") to resolve their liabilities in over 3,000 opioid crisis-related lawsuits nationwide. It's estimated that California will receive approximately $2.05 billion from the Janssen and Distributors Settlement Agreements through 2038.

On July 9, 2023, five additional settlements were announced. The pharmacies (CVS, Walgreens, and Walmart) and manufacturers Allergan and Teva Pharmaceuticals together proposed settling on $17.3 billion to address their roles in the opioid crisis. The agreements with CVS, Walgreens, and Walmart are the first multistate settlements to hold chain pharmacies accountable for failing to intervene in prescription abuse and drug diversion. While five settlements are still pending, California may see up to $470 million, $510 million, and $265 million from the CVS, Walgreens,

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10/10/2023 Item No.5.
2 and Walmart settlements, respectively, up to $205 million from the Allergan settlement, and up to $375 million from the Teva settlement for their roles in the producing and distributing opioids.

The Department of Health Care Services (DHCS) is tasked with overseeing Participating Subdivisions that receive funds from the finalized opioid settlements with McKesson, Cardinal Health and AmerisourceBergen (collectively, the Distributors) and Janssen Pharmaceuticals, as well as pending settlements with Teva, Allergan, and pharmacies Walmart, Walgreens, and CVS (collectively, the Pharmacies).

On July 17, 2023, DHCS released a draft guidance letter, known as a Behavioral Health Information Notice (BHIN), to guide Participating Subdivisions on allowable uses for the CA Abatement Accounts Fund and CA Subdivision Fund. The guidance letter includes three attachments that clarify relevant terminology and outline policies for eligible opioid remediation activities and reasonable administrative costs. In addition, the BHIN specifies the oversight, compliance, and reporting requirements related to the California Opioid Settlements.

POLICY / RULE

Section 3.02.030, Subsection H of the Folsom Municipal Code states, in part, that "prior to the City Council making any supplemental appropriation, the City Manager shall certify that monies in excess of those estimated in the budget are available for appropriation. Any such supplemental appropriation shall be made for the fiscal year by resolution, up to the amount of any excess."

ANALYSIS

To date, the City has been awarded $282,728.52. The actual annual payments are unknown.

However, the City can expect to receive at least $190,000 annually through at least 2038.

Numerous restrictions exist on how payments may be used. One of which requires no less than 50% of the funds to be used for “High Impact Activities” such as implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction, or interventions to prevent drug addiction” in vulnerable youth and unhoused.

The Police Department has identified five programs that the settlement will completely fund.

PROGRAM ANNUAL COST
1 One Full-Time (Limited Term) Community Service Officer $111,722 2 Wellness Program Enhancements in Police & Fire Departments $25,000 3 Anti-Opioid Campaign (One Pill Can Kill) $30,000
4 Naloxone Program Administration $10,000
5 Overdose Detection Mapping Free

Through these and other programs, the Police Department intends to take action to prevent the misuse of opioids through public education campaigns, drug disposal and take-back destruction programs, and naloxone training and distribution for public safety. We also intend to further

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10/10/2023 Item No.5.
3 support wellness for public safety members who experience secondary trauma associated with opioid-related emergency events.

FINANCIAL IMPACT

To date, the City has received $282,728 of Opioid Settlement Funding. This proposal would allocate $186,722 of the funds received to the Police Department budget in the General Fund (Fund 010) in FY 2023-24 for program costs listed in the table above ($176,722) and the one-time purchase of a computer, radio, and body-worn camera ($10,000) for a program total in year one of $186,722. Reoccurring annual costs of $176,722 (plus necessary annual adjustments) would continue to be funded by the settlement until 2038. The City would then evaluate the program’s viability beyond the settlement terms.

ATTACHMENT

1. Resolution No. 11107 - A Resolution Authorizing the Finance Director to Use Opioid Settlement Funding to Add One Limited-Term Community Service Officer Position to the Police Department Budget in the General Fund and Fund Opioid Combatting Programs and Appropriation of Funds

Submitted,

Richard D. Hillman, Chief of Police

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10/10/2023 Item No.5.

Resolution No. 11107

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RESOLUTION NO. 11107

A RESOLUTION AUTHORIZING THE FINANCE DIRECTOR

TO USE OPIOID SETTLEMENT FUNDING

TO ADD ONE LIMITED-TERM COMMUNITY SERVICE OFFICER POSITION TO

THE POLICE DEPARTMENT BUDGET IN THE GENERAL FUND AND

FUND OPIOID COMBATTING PROGRAMS

AND APPROPRIATION OF FUNDS

WHEREAS, California joined multiple national lawsuits and prevailed against manufacturers, distributors, and other entities responsible for aiding the opioid epidemic; and

WHEREAS, California will receive at least $2.06 billion over at least eleven years; and

WHEREAS, the City of Folsom has received $282,728.52 of Opioid Settlement Funds to date, and will receive at least $190,000 annually through 2038; and

WHEREAS, the Police Department will add one Limited-Term Community Service Officer and implement programs to prevent the misuse of opioids through public education campaigns, drug disposal and take-back destruction programs, and naloxone training and distribution for public safety, and support wellness for public safety members who experience secondary trauma associated with opioid-related emergency events; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the Finance Director to add one Limited-Term Community Service Officer position to the Police Department Budget in the General Fund (Fund 010); and

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Folsom authorizes the Finance Director to appropriate $186,722 of Opioid Settlement Funding to the FY 2023-24 Police Department Budget in the General Fund (Fund 010) to fund the new Limited-Term Community Service Officer position and other Opioid Combatting Programs.

PASSED AND ADOPTED this 10th day of October, 2023, by the following roll call vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

___________________________________
Rosario Rodriguez, MAYOR

ATTEST:

____________________________________
Christa Freemantle, CITY CLERK

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10/10/2023 Item No.5.

Folsom City Council
Staff Report

1 MEETING DATE:

10/10/2023
AGENDA SECTION:

Consent Calendar
SUBJECT: Resolution No. 11108 – A Resolution Authorizing the City Manager to Execute an Agreement with UBEO (Ray Morgan) to Renew/Extend Contract

FROM: Finance Department

RECOMMENDATION / CITY COUNCIL ACTION

The Office of Management and Budget respectfully requests the City Council approve Resolution No. 11108 – A Resolution Authorizing the City Manager to execute an agreement with UBEO (Ray Morgan) to renew/extend copier contract.

BACKGROUND / ISSUE

The City has contracted with UBEO (Ray Morgan) for copy machine services for the past 23 years. The current contract with Ray Morgan was awarded for 5 years, starting in September 2019 based on price, service, technology, cost cutting measures and our need to consolidate with one vendor for our paperless office agenda.

POLICY / RULE

Section 2.36.080 of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of $70,952 or greater shall be awarded by the City Council.

ANALYSIS

We are constantly striving to find better, more efficient ways to increase employee effectiveness while cutting costs associated with consumables and repairs. UBEO (Ray Morgan) has been instrumental in assisting the city’s Information Technology staff with monitoring copier needs along with making recommendations on how to streamline/right size our copier fleet. Staff

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would like to extend our current copier contract for 63 months to continue to take advantage of right sizing/cost cutting opportunities.

FINANCIAL IMPACT

The annual cost of the proposed contract extension for the copier lease portion is budgeted and available in the various City departments based on their individual usage of the machines. There is no increase to the copier lease portion from the previous contract. All machines will be color with unlimited coping. There is an additional machine added to the contract for Police. The lease for the added machine is $328.61 per month which is budgeted and available in the FY 2023-24 Police Department budget. In addition, this contract extension includes an additional $358.92 each month ($4,307.04 annually) for maintenance to move the uniflow document management and xMedius Fax servers to the cloud in-lieu of on-premise equipment. This additional $4,307.04 is budgeted and available in the Information Systems Division in the General Fund (Fund 010).

ATTACHMENT

1. Resolution No. 11108 – A Resolution Authorizing the City Manager to execute an agreement with UBEO (Ray Morgan) to renew/extend copier contract.

Submitted,

Stacey Tamagni
Chief Financial Officer

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Attachment 1

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Resolution No. 11108

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RESOLUTION NO. 11108

A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT WITH UBEO (RAY MORGAN) TO

RENEW/EXTEND COPIER CONTRACT

WHEREAS, Section 2.36.080 of the Folsom Municipal Code requires the City Council to approve contracts greater than $70,952; and

WHEREAS, in order to maintain our current copier/printer, document management, fax services within our current infrastructure a lease extension is required; and

WHEREAS, the proposal from UBEO (Ray Morgan) allows the City to purchase copier/printer, document management, fax services with monthly payments of $15,567.75 for 63 months; and

WHEREAS, sufficient funds for the first year of the agreement are budgeted and available in the individual department budgets for FY 2023-24, , and future years will be included during the budget process; and

WHEREAS, the agreement will be in a form acceptable to the City Attorney:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute an agreement with UBEO (Ray Morgan)to renew/extend copier contract in an amount not to exceed $980,768.25 over a 63 month period at $15,567.75 monthly.

PASSED AND ADOPTED this 10th day of October 2023, by the following roll-call vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

__________________________________
Rosario Rodriguez, MAYOR

ATTEST:

____________________________________
Christa Freemantle, CITY CLERK

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Folsom City Council
Staff Report

1 MEETING DATE:

10/10/2023
AGENDA SECTION:

Consent Calendar
SUBJECT: Resolution No. 11109 - A Resolution Authorizing the City Manager to Execute an Agreement with Arctic Wolf Networks, Inc. for Cybersecurity Operations Cloud Services

FROM: Finance Department

RECOMMENDATION / CITY COUNCIL ACTION

The Office of Management and Budget respectfully requests the City Council approve Resolution No. 11109 – A Resolution Authorizing the City Manager to execute an agreement with Arctic Wolf Networks, Inc. for Cybersecurity Operations Cloud Services.

BACKGROUND / ISSUE

The City currently has two Information Systems positions serving approximately 550-700 full- time and part-time employees, depending on the season. This very small team is responsible for the city’s cybersecurity, along with a multitude of other daily responsibilities to deliver the technology services that are needed on a day-to-day basis. The risk of a cyberattack is growing every day and cybercriminals never take a day off. If the city did suffer a cyberattack, we would recover but how long it would take to recover and how much it would cost to get back up and running are unknowns. Contracting with Arctic Wolf and working in tandem with our Microsoft solutions would add another layer of defense, mitigating and/or stopping a potential cyberthreat.

POLICY / RULE

Section 2.36.080, Award of contracts of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of $70,952 or greater shall be awarded by the City Council.

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2 ANALYSIS

Arctic Wolf is a cybersecurity company that provides security operations solutions, including managed detection and response, managed risk, and managed security awareness to mitigate exposure to cyber threats. Entering into a contract with Arctic Wolf Networks, Inc will allow the city to have a dedicated a team of cybersecurity professionals to monitor, isolate and stop any potential cyberthreats 24/7 365 allowing us to benefit from years of expertise without adding to our employee count. Arctic Wolf fits within our current environment working hand in hand with Microsoft to mitigate and/or stop network intrusions or malware. The service also provides a team dedicated to the city in the event of a catastrophic breach allowing us to recover quickly and provide continuation of business with minimal downtime.

FINANCIAL IMPACT

The total contract amount for three years is $250,676.75. There are sufficient funds budgeted and available in the FY 2023-24 budget in the Information Systems Division of the General Fund (Fund 010) to pay for the first year of this contract, in the amount of $82,156.79. Additional funds for the remainder of the contract ($82,296.61 in Year 2 and $86,223.35 in Year 3) will need to be appropriated in subsequent fiscal years.

ATTACHMENT

1. Resolution No. 11109 – A Resolution Authorizing the City Manager to execute an agreement with Arctic Wolf Networks, Inc. for Cybersecurity Operations Cloud Services

Submitted,

Stacey Tamagni
Chief Financial Officer

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Resolution No. 11109

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RESOLUTION NO. 11109

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ARCTIC WOLF NETWORKS, INC. FOR CYBERSECURITY

OPERATIONS CLOUD SERVICES

WHEREAS, the risk of a cyberattack is growing every day; and

WHEREAS, entering into a contract with Arctic Wolf Networks, Inc will allow the city to have a dedicated a team of cybersecurity professionals to monitor, isolate and stop any potential cyberthreats 24/7 365 allowing us to benefit from years of expertise without adding to our employee count; and

WHEREAS, this contract will help to enhance our current cybersecurity presence and readiness alongside Microsoft’s services in our current network; and

WHEREAS, the proposal from Artic Wolf Network, Inc. allows the City to purchase three years of service for a total contract amount of $250,676.75, paid in annual payments; and

WHEREAS, sufficient funds are budgeted and available in the FY 2023-24 budget in the Information Systems Division of the General Fund (Fund 010) to pay for the first year of this contract, in the amount of $82,156.79., and future years will be included during the budget process; and

WHEREAS, the agreement will be in a form acceptable to the City Attorney:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute an agreement with Arctic Wolf Network, Inc. for cybersecurity operations cloud services in an amount not to exceed $250,676.75 over a three-year period.

PASSED AND ADOPTED this 10th day of October, 2023, by the following roll-call vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):
___________________________________
Rosario Rodriguez, MAYOR

ATTEST:

____________________________________
Christa Freemantle, CITY CLERK

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Folsom City Council
Staff Report

1 MEETING DATE:

10/10/2023
AGENDA SECTION:

Consent Calendar
SUBJECT: Resolution No. 11110 – A Resolution Amending Resolution No. 10479 and Enacting the Annual Inflationary Adjustment for City User Fees for Selected City Services

FROM: Finance Department

RECOMMENDATION / CITY COUNCIL ACTION

The Finance Department requests that the City Council adopt Resolution No. 11110 – A Resolution Amending Resolution No. 10479 and Enacting the Annual Inflationary Adjustment for City User Fees for Selected City Services.

BACKGROUND / ISSUE

In May 2006, the Folsom City Council adopted Resolution No. 7815 which established a new user fee schedule for selected city services and also adopted an annual inflationary adjustment.

The inflationary adjustment was last applied on July 1, 2020.

POLICY / RULE

City of Folsom Municipal Code Section 3.50.020 states, “The city manager is hereby directed to recommend to the council the adjustment of fees and charges to recover the percentage of costs reasonably borne in providing the regulation, products or services enumerated in this chapter and on the schedule of rate review as hereinafter established in this chapter. Costs reasonably borne shall be as are defined in Section 3.50.030.”

City Council Resolution No. 7815 adopted on May 23, 2006, approved an annual inflationary adjustment to be applied each fiscal year for selected city user fees along with fee increases based on a fee study.

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2 ANALYSIS

The annual inflationary adjustment to be applied is 4.48%. This is based on the US Bureau of Labor Statistics & CA Department of Finance CPI-West Urban Consumers, all items, San Francisco CMSA, Annual amount as of December of the previous calendar year as set forth in Resolution No. 7815. The proposed fee schedules were derived by applying the annual inflationary adjustment to the current fees if allowed. Fee number FN-3 and CC-1 have been removed per Department request, as they are no longer applicable. Fee FR-24 has been reduced per the Fire Chief’s request. The proposed fee schedules are included as part of Resolution No. 11110 and will be effective November 1, 2023. The user fee schedule has not been increased by CPI since July 2020. The current inflationary adjustment is the adjustment for the one-year period of January through December 2022 only.

ATTACHMENTS

1. Resolution No. 11110 – A Resolution Amending Resolution No. 10479 and Enacting the Annual Inflationary Adjustment for City User Fees for Selected City Services

2. United States Consumer Price Index – All Urban Consumers as published by the United States Bureau of Labor Statistics CPI-West Urban consumers, all items, San Francisco CMSA as of December 2022

Submitted,

Stacey Tamagni, Finance Director

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Attachment 1

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Resolution No. 11110

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RESOLUTION NO. 11110

A RESOLUTION AMENDING RESOLUTION NO. 10479 AND

ENACTING THE ANNUAL INFLATIONARY ADJUSTMENT FOR

CITY USER FEES FOR SELECTED CITY SERVICES

WHEREAS, City of Folsom Municipal Code Section 3.50.020 states “The city manager is hereby directed to recommend to the council the adjustment of fees and charges to recover the percentage of costs reasonably borne in providing the regulation, products or services enumerated in this chapter and on the schedule of rate review as hereinafter established in this chapter. Costs reasonably borne shall be as are defined in Section 3.50.030.”; and

WHEREAS, Resolution No. 7815 adopted by the Folsom City Council on May 23, 2006, allowed for an annual inflationary adjustment to User Fees each fiscal year; and

WHEREAS, Resolution No. 10479 adopted by City Council on July 23, 2020, set the most recent User Fee schedule; and

WHEREAS, the annual inflationary adjustment is based on the US Bureau of Labor Statistics & CA Department of Finance CPI-West Urban Consumers, all items, San Francisco CMSA as of December of the previous year; and

WHEREAS, as of December 31, 2022 the annual inflationary adjustment applied is

4.48%; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom Amends Resolution No. 10479 and Enacts the Annual Inflationary Adjustment for City User Fees as of November 1, 2023 for Selected City Services as set forth in the fee schedules attached hereto; and

PASSED AND ADOPTED this 10th day of October, 2023, by the following roll-call vote:

AYES: Council Member(s):

NOES: Council Member(s):

ABSENT: Council Member(s):

ABSTAIN: Council Member(s):

___________________________________
Rosario Rodriguez, MAYOR

ATTEST:

____________________________________
Christa Freemantle, CITY CLERK

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Resolution No. 11110

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City of Folsom
Master Fee Schedule as of November 1, 2023

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Resolution No. 11110

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Resolution No. 11110

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Resolution No. 11110

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Resolution No. 11110

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Resolution No. 11110

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Resolution No. 11110

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Resolution No. 11110

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Attachment 2

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Folsom City Council
Staff Report

1 MEETING DATE:

10/10/2023
AGENDA SECTION:

New Business
SUBJECT: Resolution No. 11111- A Resolution of the City Council Declaring Parcels APN 070-0092-007, APN 070-0092-009,
APN 070-0092-010, and APN 070-0094-011 as Exempt Surplus Land and Authorize Disposition of Said Parcels

FROM: Community Development Department

RECOMMENDATION / CITY COUNCIL ACTION
Staff recommends that City Council adopt Resolution No. 11111- A Resolution of the City Council Declaring Parcels APN 070-0092-007, APN 070-0092-009, APN 070-0092-010, and APN 070-0094-011 as Exempt Surplus Land and Authorize Disposition of Said Parcels

BACKGROUND / ISSUE
The City of Folsom acquired four parcels (APN 070-0092-007, APN 070-0092-009, APN 070-0092-010, and APN 070-0094-011) in 1996 as part of the Folsom Bridge Crossing project with the expectation that the land would be needed for slope and/or retaining wall improvements associated with the crossing project. The original plan was to acquire the entire parcels adjoining the right of way in that area (1102 Mormon, 404 Sibley, 410 Sibley, and 1010 Figueroa) for the stated purpose. However, property owners negotiated with the City to grant a smaller portion of each yard area to the City so they could retain the remainder of their land with residential structures and continue living on the property. The small portions of each parcel were surveyed, mapped, and granted to the City at no cost.

City owned parcel
(APN)
City owned parcel size
(acres/square feet)
Amount paid for
property
Adjacent private
property address
070-0092-007 0.03 ac/1,284 sf 0 1102 Mormon Street
070-0092- 009 0.04 ac/1,528 sf 0 404 Sibley Street
070-0092-010 0.01 ac/426 sf 0 410 Sibley Street
070-0094-011 0.13 ac/5,618 sf 0 1010 Figueroa Street

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10/10/2023 Item No.9.

Ultimately, during design and construction of the bridge and offramps, the four parcels granted to the City were not needed for slope and/or retaining wall. The property owners are now asking that properties be transferred back to them at no cost. Because the City does not need those parcels for any purpose, Staff is supportive of the request and has prepared the necessary documentation to declare the land as surplus and exempt from State Surplus Land Act as outlined in this report.

POLICY / RULE
Effective January 1, 2020, the Surplus Land Act (AB1486) was amended to address California’s shortage of affordable housing. It requires agencies to take formal action in a regular public meeting to declare land surplus. Unless otherwise exempt, the declaration must be supported by written findings and may not allow for deal terms that would reduce or disallow residential use of property. In this case, the four City owned parcels qualify as exempt surplus land under Government Code section 54221(f)(1)(B) – Exempt Category 4 Land Not Suitable for Housing. Specifically, each of the four parcels are less than 5,000 sf,

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10/10/2023 Item No.9.

not contiguous to State or City owned open space or housing and being sold to the owner of contiguous land.

As required by State Housing and Community Development (HCD), the local agency determination of exemption must be verified by HCD prior to land disposition. Required documentation has been provided to HCD for review and land disposition is contingent upon written verification of exemption from the State.

ANALYSIS
Resolution 11111 has been prepared to declare four small parcels along Folsom Bridge Crossing as exempt surplus land no longer needed for City use under Government Code section 54221(f)(1)(B) due to the small size, context, and intent to transfer to adjoining landowners. The Surplus Land Act standard process for non-exempt properties would require the City Council to declare the land as surplus, then staff to notify housing sponsors registered with the State of the land availability for a 60-day period. If one or more sponsors respond with interest in building housing, the City would enter into good faith negotiations for a 90-day period, send proposals to the State and dispose of the land with an affordability covenant. In this case, all four subject parcels (APN 070-0092-007, APN 070-0092-009, APN 070-0092-010, and APN 070-0094-011) are exempt from the standard Surplus Land process by meeting all of the following specific qualifications:

1. The surplus land less than 5,000 sf, or less than 10,000 sf and has no record access;

2. The surplus land not contiguous to land owned by a state or local agency that is used for open space or low- and moderate- income housing; and

3. The surplus land being transferred to the owner of contiguous land

Surplus Land Act does require that exempt surplus land be declared as exempt surplus by the City Council at a public meeting and that the State verify the exempt determination prior to land disposition. This exempt declaration is under review by HCD and once the exemption is verified, staff will proceed with preparation of the necessary documents to transfer each of the parcels to the adjoining landowners at no cost.

FINANCIAL IMPACT
The City acquired the subject properties at no cost in 1996 for the Folsom Bridge Crossing improvements. The City intends to transfer the properties back to the adjoining property owners at no cost since that land was not ultimately needed for the project and are not needed for any City purposes. The City will cover the cost of preparing the necessary documents and adjoining property owners can determine whether to submit an application to merge the lots.

Total costs for the documents are estimated to be $30,500 to be paid from the City’s FY 2023-24 General Fund (Fund 010) budget.

ENVIRONMENTAL REVIEW
This item is exempt from environmental review under Section 15312 of the California Environmental Quality Act (CEQA) Guidelines (Surplus Government Property Sales).

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ATTACHMENT

1. Resolution No. 11111- A Resolution of the City Council Declaring Parcels APN 070- 0092-007, APN 070-0092-009, APN 070-0092-010, and APN 070-0094-011 as Exempt Surplus Land and Authorize Disposition of Said Parcels

Submitted,

Pam Johns
Community Development Director

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10/10/2023 Item No.9.

Attachment 1
Resolution No. 11111- A Resolution of the City Council Declaring Parcels APN 070-0092-007, APN 070-0092-009, APN 070-0092- 010, and APN 070-0094-011 as Exempt Surplus Land and
Authorize Disposition of Said Parcels

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Resolution No. 11111

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RESOLUTION NO. 11111

A RESOLUTION OF THE CITY COUNCIL DECLARING
PARCELS APN 070-0092-007, APN 070-0092-009, APN 070-0092-010, AND APN 070-0094-011 AS EXEMPT SURPLUS LAND AND

AUTHORIZE DISPOSITION OF SAID PARCELS

WHEREAS, the City of Folsom acquired four parcels (APN 070-0092-007, APN 070- 0092-009, APN 070-0092-010, and APN 070-0094-011) in 1996 as part of the Folsom Bridge Crossing project with the expectation that the land would be needed for slope and/or retaining wall improvements associated with the crossing project; and

WHEREAS, the City acquired the four parcels from adjoining landowners (1102 Mormon Street, 404 Sibley Street, 410 Sibley Street, , and 1010 Figueroa Street) at no cost to the City; and

WHEREAS, the City of Folsom completed the Folsom Bridge Crossing project and did not ultimately need the four subject parcels for slope and/or retaining improvements; and

WHEREAS, the adjoining landowners have requested the City transfer the unused parcels back to them at no cost; and

WHEREAS, the Surplus Land Act (AB1486) was amended in January 2020 to address California’s shortage of affordable housing and requires agencies to take formal action in a regular public meeting to declare land surplus: and

WHEREAS, the four subject parcels qualify as exempt surplus land under Government Code section 54221(f)(1)(B) – Exempt Category 4: Land Not Suitable for Housing by meeting all of the following specific qualifications:

1. The surplus land less than 5,000 sf, or less than 10,000 sf and has no record access;

2. The surplus land not contiguous to land owned by a state or local agency that is used for open space or low- and moderate- income housing; and

3. The surplus land being transferred to the owner of contiguous land; and

WHEREAS, the Surplus Land Act requires that exempt surplus land be declared as exempt surplus by the City Council at a public meeting and that the State Housing and Community Development Department verify the exempt determination prior to land disposition.

NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Folsom that the parcels listed below and shown in Exhibit 1 as exempt surplus land:

1. APN 070-0092-007 (0.03 acres/1,284 square feet) to be transferred to the owner of record for adjoining property at 1102 Mormon Street; and

2. APN 070-0092-009 (0.04 acres/1,528 square feet) to be transferred to the owner

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Resolution No. 11111

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of record for adjoining property at 404 Sibley Street; and

3. APN 070-0092-010 (0.01 acres/426 square feet) to be transferred to the owner of record for adjoining property at 410 Sibley Street; and

4. APN 070-0094-011 (0.13 acres/5,618 square feet) to be transferred to the owner of record for adjoining property at 1010 Figueroa Street.

BE IT FURTHER RESOLVED that the aforementioned exempt surplus properties are not necessary for the City’s use; and

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute all documents necessary to effectuate disposition and transfer of the aforementioned exempt surplus properties in furtherance of this Resolution.

PASSED AND ADOPTED this 10 th day of October 2023, by the following roll-call vote:

AYES: Council Member(s):

NOES: Council Member(s):

ABSENT: Council Member(s):

ABSTAIN: Council Member(s):

___________________________________
Rosario Rodriguez, MAYOR

ATTEST:

____________________________________
Christa Freemantle, CITY CLERK

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Resolution No. 11111

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EXHIBIT 1

Exempt Surplus Parcels
APN 070-0092-007, APN 070-0092-009, APN 070-0092-010, and APN 070-0094-011

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Folsom City Council
Staff Report

1 MEETING DATE:

10/10/2023
AGENDA SECTION:

Public Hearing
SUBJECT: Appeal by Bob Delp of a Historic District Commission Approval of a Design Review Application for the 603 Sutter Street Mixed- Use Building

FROM: Community Development Department

RECOMMENDATION / CITY COUNCIL ACTION

For the reasons described in this report, staff recommends that the Council deny the appeal by Bob Delp of a Decision by the Historic District Commission Approving a Design Review Application for the 603 Sutter Street Mixed-Use project (PN 17-145) and Determination that the Project is Exempt from CEQA.

BACKGROUND

On February 23, 2023, the applicant (Cedrus Holdings Limited Partnership) submitted a Design Review Application for development of a three-story, 12,177-square-foot mixed-use building on a 0.17-acre site located at the southwest corner of the intersection of Sutter Street and Scott Street (603 Sutter Street). The proposed mixed-use building features 2,716 square feet of retail/restaurant space on the first floor, 5,246 square feet of office space on the second floor, and two, two-bedroom residential units totaling 3,630 square feet on the third floor. The proposed project also features various outdoor use areas including an outdoor patio adjacent to Sutter Street and balconies on the second and third floors respectively.

The proposed three-story building features a historic pre-1900 design concept that is intended to complement the design, colors, and materials of other commercial buildings found along Sutter Street. Significant design elements include covered entries along Sutter Street, large rectangular doors and windows, recessed windows, transom windows, balconies, wood and brick cornices, ornamental iron railing, and steel awning structures. Primary building materials include brick veneer, horizontal cement fiber siding, an aluminum storefront

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2 system, metal clad wood-framed windows, concrete windowsills, iron railing, steel canopies, and rockery retaining walls. Primary building colors include red (brick veneer) and white (horizontal cement fiber siding), with black, grey, and bronze as the main accent and trim colors.

Primary vehicle access to the general project area is provided by Sutter Street and Scott Street. No on-site or off-site parking is being proposed with this project and the City cannot require parking under the terms of AB 2097 (2022) since the project is located within ½-mile of the Historic District light rail station. However, the applicant is proposing to replace one existing non-ADA parking space in front of the project site along Sutter Street with an ADA accessible parking space. As permitted by state law, the applicant is proposing to utilize the existing nearby on-street parking, public parking lots, and public parking garages to serve the parking needs of the proposed mixed-use building. Pedestrian access to the project site is provided by an existing sidewalk located on the south side of Sutter Street and a proposed sidewalk along the west side of Scott Street. The primary entrance into the building is located along Sutter Street for the retail/restaurant uses, with secondary pedestrian access to the office and residential uses located along Scott Street. Proposed site improvements include underground utilities, a sidewalk, curb, gutter, an outdoor patio, retaining/stem walls, landscaping, and fencing.

The Historic District Commission reviewed the 603 Sutter Street Mixed-Use project at its September 6, 2023 meeting. At this meeting, two residents spoke in favor of the proposed project and indicated that it would be a great addition to Sutter Street from an economic development perspective and from a visual perspective. Six individuals voiced opposition to the proposed project and expressed concern regarding issues including but not limited to:

 Building height, scale, massing, and footprint are too large  Building design not consistent with Design and Development Guidelines  Curved building design on corner not historically appropriate  Parapet wall on top of building not an architectural feature  Extensive number of windows on south building elevation facing residence  Inappropriate building materials (corrugated metal roof and cement fiber siding)  Overutilization of glass on the ground floor
 Photo simulations of proposed building not accurate
 Loss of oak trees
 Parking impact

In addition to the public comments made at the Historic District Commission meeting, the City received numerous comment letters from residents both in support of the proposed project and in opposition to the proposed project. All of the comment letters (Attachment 2 and Attachment 3) were provided to the Commissioners for their consideration at the September 6, 2023 Historic District Commission meeting.

Following extensive public comment, the Historic District Commission discussed issues related to building height, building design, privacy impacts, oak tree impacts, air quality

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3 impacts, and cultural resources impacts. In relation to building height, City staff stated that the proposed project met the maximum building height requirement of 35 feet established for the Sutter Street Subarea (FMC Section 17.52.510(C)) as the proposed building ranges from 29 feet to 35 feet in height as measured from the sidewalk adjacent to Sutter Street. City staff also shared an exhibit of the North Building Elevation with the Commission that illustrated with a dashed red line that the proposed building met the maximum building height requirement of 35 feet. Based on the information presented, the Commission agreed with City staff that the proposed building met the maximum building height requirement for the Sutter Street Subarea.

As it relates to building height, City staff commented to the Commission that the four-foot- tall parapet wall located at the top of the building is considered an architectural feature and that architectural features may extend up to 15 feet above the maximum building height of 35 feet established for the Sutter Street Subarea by the Folsom Municipal Code. City staff also noted that the Historic District Commission had previously made the determination that parapet walls associated with development projects along Sutter Street (Sutter Court Mixed- Use Building, Fire and Rain Building, and Historic Folsom Station) are considered architectural features that can extend above the maximum building height. The Commission was in agreement that the parapet wall was an attractive architectural feature and improved the overall design of the building, although one Commissioner was not convinced that the parapet wall should be allowed to extend above the maximum building height.

With regard to building design, there were some comments raised by residents expressing concern regarding the overall building design and the appropriateness of some of the proposed building materials. In relation to building design, there were general concerns voiced by residents that the proposed building was too large in terms of height, massing, scale, and footprint. There were also specific concerns raised regarding the curved design of the corner of the building and its historic authenticity, and the appropriateness of a corrugated metal patio cover located on the third floor of the building. In response to these comments, City staff presented specific design details (building elevations, building renderings, color and material board, etc.) to the Commission and described how the proposed project was consistent with the Historic District Design and Development Guidelines (DDG’s) with respect to building design, building placement, and building materials. City staff also commented that the local architectural and historic preservation firm of Page & Turnbull evaluated the proposed project and determined that the design of the proposed building was in fact compatible with the architecture and design of other commercial building located along Sutter Street. The Commission concurred with City staff and expressed their appreciation and support for the overall design of the proposed building.

In response to comments and concerns raised by residents and the Commission, the applicant stated that they would be willing to remove the corrugated metal patio cover located on the third floor of the building entirely. The Commission was supportive of the applicant’s proposal to remove the third-floor patio cover to address design concerns raised by residents and added a new condition of approval (Condition No. 28-6) to the proposed project as follows:

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4  The corrugated metal patio cover/awning located on the third floor of the building shall be removed to the satisfaction of the Community Development Department.

With respect to privacy impacts, the property owner of a single-family residence located directly to the south of the project site (306 Scott Street) expressed concern regarding the number of windows on the south building elevation and how those windows might impact his privacy. In response to this comment, the applicant indicated that they would be willing to install treatments on the office windows located on the second floor of the building facing the single-family residence to minimize potential privacy impacts. The Commission was supportive of the applicant’s proposal to add window treatments to the south building elevation to potential minimize potential privacy impacts and added the following condition of approval (Condition No. 28-7):

 The four windows located on the second floor of the south-facing building elevation shall include window glazing or a frosted glass treatment to ensure privacy between the subject property and the single-family residence located at 306 Scott Street to the satisfaction of the Community Development Department.

In relation to oak tree impacts, residents expressed concern regarding the loss of oak trees with development of the proposed project. In response to this comment, City staff responded that the applicant is developing the property consistent with what is allowed under the Zoning Code. In addition, City staff commented that the severe slope of the subject property requires that the project site be massed graded to install standard improvements (building foundation, underground utilities, retaining walls, sidewalks, etc.) and that it is not feasible or possible to save any of the 11 protected oak trees located on the project site. City staff also noted that the applicant is required to mitigate the loss of the 11 protected oak trees consistent with the requirements of the City’s Tree Preservation Ordinance (FMC Chapter

12.16).

With regard to air quality, one of the Commissioners observed that one of the standard measures typically recommended by the Sacramento Air Quality Management District (SMAQMD) to control and minimize dust during grading and construction activities was omitted from the conditions of approval placed on the proposed project. To address this omission, the Commission recommended that the following language be added to Condition of Approval No. 42:

 Provide current certificate(s) of compliance for CARB’s In-Use Off-Road Diesel- Fueled Fleets Regulation (California Code of Regulations, Title 13, S 2449 and 2449.1. For more information contact CARB at 877-593-6677, [email protected], or www.arb.ca.gov/doors/compliance_cert1.html.

As it relates to cultural resources, the Commission inquired as to whether there were any historic or cultural resources located on the project site and if those resources would be impacted by development of the proposed project. City staff responded that a Cultural

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5 Resource Study had been prepared for the proposed project and that no historic or cultural resources were identified on the project site, although staff noted there were numerous historic and cultural resources present in the surrounding historic district. Given the historic nature of the project area, the Commission requested that the following new language be added to the conditions of approval (Condition No. 38) requiring all construction personnel to go through cultural sensitivity training so as to be aware of what to do in the event an unknown historic or cultural resource is discovered during grading or construction activities.

 Prior to initiation of construction on the project site, all construction personnel that will work on the proposed project site shall be provided with Cultural Sensitivity Training taught by a professional archaeologist or historian meeting the Secretary of the Interior’s standards. The training shall include information regarding cultural resources, their recognition, avoidance, and treatment in the event of fortuitous discovery. Project plans shall also contain a notation requiring that if any archaeological, cultural, historical resources, artifacts, or other features are discovered during the course of construction anywhere on the project site, work shall be immediately suspended in that location. Attendance at Cultural Sensitivity Training is mandatory for all construction personnel that would work on the site during grading and leveling.

At the conclusion of the September 6, 2023 Historic District Commission meeting, the Commission expressed their unanimous support for the proposed project with the previously described modifications to the conditions of approval and adopted a motion (5 votes in favor; 0 votes against with two commissioners absent) to approve a Design Review Application (PN 17-145) for the 603 Sutter Street Mixed-Use project.

POLICY / RULE

As set forth in Section 17.52.700 of the Folsom Municipal Code, if a permit applicant, permittee, or other person whose property rights may be affected is dissatisfied with any determination made by the Historic District Commission, which person may appeal to the City Council. The appeal shall be in writing, shall state the specific reason for the appeal and grounds asserted for relief, and shall be filed no later than 10 calendar days after the date of the action being appealed.

APPEAL/ANALYSIS

On September 11, 2023, Bob Delp submitted a timely appeal of the decision of the Historic District Commission approving the proposed project. Listed on the following pages are the reasons that Mr. Delp identified in his appeal letter for contesting the Historic District Commission’s decision, and City staff’s response to each item.

1. The Historic District Commission lacks the authority to make final approval decisions, as the City Charter limits the Historic District Commissions role to being advisory only to the City Council.

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6 City Staff Response:

The appeal is limited to “any determination made by the Historic District Commission.” (FMC Section § 17.52.700(A)). This portion of the appeal is not directed toward any determination made by the Historic District Commission and, as such, it is not a proper subject for appeal. That being said, the Folsom Municipal Code (FMC Section 17.52.120 G) establishes the authority of the Historic District Commission to make decisions regarding the design and architecture of any structure, or alteration to any existing structure within the Historic District. Specifically, the Historic District Commission is authorized by FMC 17.52.340 to approve, conditionally approve, or deny design review applications based on the review criteria in FMC 17.52.330.

2. The applicant submitted substantially inaccurate and misleading project renderings to the City as part of the project application. City staff then presented these substantially inaccurate and misleading project renderings to the public and the Historic District Commission prior to and during the public hearing regarding the building’s scale and massing.

City Staff Response:

The applicant provided building elevations, building floor plans, building renderings, and a color and materials board to the City for review as part of the Design Review Application submittal package. The aforementioned documents accurately reflect the design of the proposed building. The renderings Mr. Delp is referring to in his appeal letter are two panoramic street view renderings that are intended to show the relationship between the proposed project and the surrounding properties. The applicant stated to the Historic District Commission at their September 6th meeting that the proportions on a panoramic street view rendering can become slightly distorted due to the wide angle of the photograph. The applicant also stated to the Historic District Commission that a number of existing trees were inadvertently not taken out of the two panoramic street view renderings. The applicant provided the Commission with an updated street view rendering at the meeting to better illustrate the relationship between the proposed project and the surrounding properties. The Commission was satisfied with the applicant’s response and voiced their unanimous support of the proposed building design, which is not impacted at all by the two renderings to which Mr. Delp referred.

3. The project would destroy 11 "protected" oak trees, two of which are on City property, with no showing that the destruction of even one of these trees cannot be avoided. The City's Tree Preservation Ordinance requires that a tree defined as "protected" under the Ordinance cannot be approved for removal unless a finding is made that, "there are no Reasonable Alternative Measures to allow for use of the property consistent with the Zoning Code." The HDC failed to make or otherwise address this finding or provide evidence that the City Arborist could make the findings for all of the 11 "protected" oak trees that would be destroyed by the project.

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7 City Staff Response:

As stated previously within the Background section of this staff report, the applicant is developing the property consistent with what is allowed under the Zoning Code. During initial review of grading, drainage, and utility plans submitted for the proposed project, City staff determined that the severe slope of the subject property would require the project site to be massed graded to install standard improvements (building foundation, underground utilities, retaining walls, sidewalks, etc.), and that it is not feasible or possible to save any of the 11 protected oak trees located on the project site. The applicant will be required to plant street trees per FMC Section 12.16.190 and prior to construction the applicant will also be required to obtain a Tree Removal Permit for removal of the 11 protected oak trees. As part of review of the Tree Removal Permit application, the City Arborist will determine the type and amount of mitigation consistent with FMC Section 12.16.150. FMC Section 12.16.080(B) in combination with the definition of “Approving Authority” in FMC Section 12.16.020 gives approval authority to the City Arborist for the removal of trees, not the Historic District Commission. It is the City Arborist that will make the required findings prior to granting the Tree Removal Permit.

4. The HDC lacks authority not only to approve the project, but also lacks the authority to effectively authorize the grant of public resources (e.g., street encroachments, oak trees) to a private party (whom, in receiving the public resource of two oak trees, intends to cut them down).

City Staff Response:

The appeal is limited to “any determination made by the Historic District Commission.” (FMC Section 17.52.700(A)). This portion of the appeal is not directed toward any determination made by the Historic District Commission and, as such, it is not a proper subject for appeal.

5. The project exceeds the maximum height and deck/patio lengths allowed by the FMC, yet the project did not include applications for these height and deck/patio length exceedances, and the HDC did not make findings required to allow for the variances.

City Staff Response:

As discussed previously within the Background section of this staff report, the Historic District Commission determined that the proposed project meets the maximum building height requirement of 35 feet established for the Sutter Street Subarea (FMC Section

17.52.510(C)) as the proposed building ranges from 29 feet to 35 feet in height as measured from the sidewalk adjacent to Sutter Street. The Commission also determined that the four-foot-tall parapet wall at the top of the building is considered an architectural feature and that this architectural feature may extend up to 15 feet above the maximum building height of 35 feet established by the Folsom Municipal Code for the Sutter Street Subarea. No height variance is required for this project.

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8 With respect to Mr. Delp’s statement regarding deck and patio length exceedances, the Historic District Design and Development Guidelines (DDG’s Section B.6 Walkway Coverings in the Sutter Street Subarea) state that the intent of walkway coverings (deck in this case) in the Sutter Street Subarea is to create a pleasing pedestrian environment and Subarea continuity. The DDG’s state that walkway coverings are traditional to the Sutter Street Subarea and are intended to protect shoppers and window displays from sunlight and inclement weather. The DDG’s also state that new construction on Sutter Street shall provide a walkway covering the sidewalk. Lastly, the DDG’s state that with an encroachment permit, sidewalk canopies and awnings in the Sutter Street Subarea are allowed to project a maximum of 9 feet 6 inches beyond the property line with a minimum of eight feet of clearance to the sidewalk.

FMC Section 17.52.400 explains that while normally the standards in the FMC control when they conflict with the guidelines in the DDGs, exceptions to the FMC design standards may be permitted by the Historic District Commission when unique individual circumstances require the exception in order to comply with the purpose of this chapter.

The exceptions to the design standards for the proposed project are allowing the proposed second story deck to encroach 5 feet 1 inch into the public right-of-way, and allowing the second story deck and third story patio to exceed 25 percent of the length of the wall surface on which the features are located. In this instance, the Historic District Commission determined that an exception to the design standards stated in FMC Section

17.52.420 would be appropriate in order to comply with the purpose of Chapter 17.52, as specifically expressed in DDGs Section B.6. The Commission also determined that the exceptions are also necessary to enhance the overall appearance of the proposed mixed- use building.

6. The project's mass and scale is too large for the property's location and setting at a key transition location between the Sutter Street and Figueroa subareas and adjacent historic buildings.

City Staff Response:

As mentioned earlier within the Background section of this staff report, the Historic District Commission determined that the proposed project is consistent with the Historic District Design and Development Guidelines (DDG’s) with respect to building design, building placement, and building materials. The Commission also determined that the proposed project met the purpose and intent of FMC Chapter 17.52 (Sections

17.52.010(B)(1), (3), and (5)) with respect to the following subsections: (1) preserving and enhancing the historic, small town atmosphere of the historic district as it developed between the years 1850 and 1950; (3) encouraging an active business climate which promotes the development of a diverse range of business compatible with the historic district as it developed between the years 1850 and 1950; and (5) ensuring that new residential and commercial development is consistent with the historical character of the historic district as it developed between the years of 1850 and 1950. Lastly, the Commission agreed with the assessment of Page & Turnbull, a local architectural and

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9 historic preservation firm, that the design of the proposed building is compatible with the architecture and design of other commercial building located along Sutter Street and that the proposed project would not impact existing historic resources (Cohn House and former library building) in the project area.

7. The proposed building and excavation required for its construction is too close (less than 5 feet) to the adjacent historic library building which will result in unnecessary diminution of the relative scale/mass of the historic library building and will create ground-borne vibration during construction having the potential to damage the historic structure.

City Staff Response:

The potential for noticeable or disruptive vibration is based on multiple factors: the distance from the source to the receiver; the nature or magnitude of the source; and the length of source operations. With regard to distance, project-related grading is located approximately 10 feet from the former library building to the west and more than 25 feet from the single-family residence located to the south at 306 Scott Street. Two types of operations could be expected to result in the potential for vibration at the project site.

These are the removal of soil and the removal of bedrock from the property. The machinery and techniques used to remove bedrock would be more likely to have the potential for vibration than those used for the removal of soil. Removal of bedrock and soils would not be equal across the project site.

As illustrated in Figures 9 and 10 (Building Sections 1, 2, 3, and 4) of the submitted plans, the depth to bedrock is varied, as is the depth of the over-covering soil. Several features of the proposed building were designed to reduce the need to remove bedrock.

These include limiting the depth into the hilly site of the first floor to approximately the front half of the site (See Building Sections 1 and 2); and designing the second floor to avoid or limit the amount of bedrock to be removed (See Building Sections 3 and 4). In the vicinity of the former library building, very little bedrock would be removed. The majority of the removal would occur near the Scott Street frontage (See Building Sections 1 and 3). Similarly, the amount of soil removal would be the least in the vicinity of the former library building (See Building Sections 1 and 3). This would result in the less frequent use of the largest or strongest equipment near the former library building, thereby limiting the magnitude of vibrations in that area.

As part of the project submittal, the applicant agreed that no blasting would be permitted to occur as part of the site improvement process to protect adjacent properties. Prior to the removal of any bedrock, the owner/applicant will be required to prepare a bedrock removal plan for review and approval by the Community Development Department (Condition No. 37). No removal activity will be allowed to occur prior to City approval.

The bedrock removal plan is required to be prepared by a licensed geologist, engineer, or equivalent accredited professional, and must include at least the following components:

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10  The location, volume, and type of bedrock to be removed;  Removal procedures to be used including both primary and optional procedures if necessary;
 The expected duration of removal activities;
 Type of equipment to be used;
 Any types of chemical or other materials to be used, including any storage and safety requirements;
 Requirements for personal safety and the protection of private and public property; and
 A program to notify all parcels within 250 feet of the project site.

As a result, both staff and its environmental consultant have determined that there would be no impact on the library building or adjacent single-family residence from the excavation and construction activity.

8. The project would induce both vehicle trips and pedestrian activity and no meaningful analysis of pedestrian safety has been prepared. At a minimum, to improve conditions for pedestrian safety, the project should be conditioned to fund installation of a crosswalk across Scott Street on the south side of the Scott/Sutter Street intersection, designed with exposed aggregate and granite pavers similar to the crosswalks on the other three legs of this intersection.

City Staff Response:

The potential traffic, access, and circulation related impacts of the proposed project were evaluated by Kimley Horn & Associates on July 30, 2019 and August 8, 2023 respectively. Based on the relatively low volume of project-related vehicle trips, the Traffic Study concluded that the proposed project would not have a significant impact on vehicle level of service (LOS) at any of the five study intersection under any of the four scenarios evaluated.

Pedestrian circulation at the project site will be provided by an existing sidewalk located along the south side of Sutter Street and construction of a new sidewalk along the east side of Scott Street. The existing sidewalks, existing crosswalks, and proposed sidewalks will allow pedestrians associated with the proposed project to move easily up and down Sutter Street and Scott Street. It is important to note that the existing sidewalks on Sutter Street terminate slightly east of Scott Street and the existing sidewalk on the east side of Scott Street terminates at Peddlers Lane to the south, thus there is no practical benefit to providing an additional crosswalk on the south side of the intersection of Sutter Street and Scott Street.

9. The project would provide one embarrassingly inadequate parking space for persons with disabilities by designating an insufficiently wide on-street parking space for disabled parking (using City property which would apparently be gifted to the applicant to ostensibly meet his handicapped parking obligation).

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11 City Staff Response:

As described in the Project Narrative and as shown on the updated Preliminary Grading and Drainage Plan and the Preliminary Utility Plan, the applicant is proposing to provide one handicapped parking space on Sutter Street in front of the proposed building. The proposed handicapped parking space is in substantial compliance with the City’s requirement for handicapped parking spaces, particularly given the fact that the City cannot require the applicant to construct new parking facilities pursuant to AB 2097. The proposed handicapped parking space would also be located closer to the proposed building than any potential off-site handicapped parking space. It is important to note that the parking space is not being gifted to the applicant as it will remains a public parking space, but would provide the most directly accessible parking space to the building since the City under AB 2097 cannot require the developer to construct parking facilities on site.

The Folsom Municipal Code does not currently have any on-street parking standards for handicapped accessible parking spaces. As a result, the City follows best practices when allocating available right of way for the intended purpose of parking or shared parking facilities with cyclists, that guidance includes the federal Public Right-Of-Way Accessibility Guidelines (PROWAG) for Pedestrian Facilities. Those guidelines say that the parking space "shall be 24 feet (7.3 m) long minimum and 13 feet (4.0 m) wide minimum.” However, one exception of Section R310.2.1 of the PROWAG states that the City may use “the same dimensions as the adjacent parallel on-street parking spaces if they are provided nearest the crosswalk at the end of the block face or nearest a midblock crosswalk, and a curb ramp or blended transition is provided serving the crosswalk.”

10. The project would include rooftop utilities that were not described or illustrated in the project design drawings and these project elements must be described and illustrated for an accurate evaluation of the project.

City Staff Response:

As shown on the submitted development plans, the proposed project includes the placement of mechanical equipment in a mechanical equipment well located at the southwest corner of the building on the rooftop and also behind the parapet wall located at the northeastern corner of the building on the rooftop. Two Conditions of Approval (Conditions No. 28-4 and 28-5) are included with the project that require all roof- mounted mechanical equipment and other utility equipment to be screened by walls or landscaping to the satisfaction of the Community Development Department.

11. The project retaining wall design was altered during discussions after the close of public comments, with the architect and HDC discussing the use of cobbles (potentially faux cobbles) instead of the stacked rock described and presented in the project design package.

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12 City Staff Response:

As shown on the preliminary grading plan and the preliminary retaining wall exhibit, the applicant is proposing to utilize river rock stone retaining walls at various locations on the project site to retain soil. The applicant selected the river rock stone style of retaining wall due to the fact that it has a historic appearance, while also being similar to other existing retaining walls in the project area including commercial properties located at 605 Sutter Street and 614 Sutter Street. The Historic District Commission did not recommend any changes to the design or materials of the proposed retaining walls at its September 6, 2023 meeting. It is also important to acknowledge that there is a Condition of Approval (Condition No. 31) on the project which requires the final location, design, height, materials, and colors of the retaining and stem walls to be reviewed and approved by the Community Development Department.

12. The project was described and evaluated as consisting solely of residential use on the third floor, but the potential use of the third floor for commercial use was introduced as a potential use during the HDC meeting, but only after the close of the public comment period.

City Staff Response:

As shown on the submitted plans and described in the project narrative, the proposed project includes development of two, two-bedroom units on the third floor of the building. The applicant is not proposing any commercial uses on the third floor of the building at this time. That suggestion was brought up by a member of the Heritage Preservation League during the Commission meeting. Furthermore, as noted in the Historic District Commission staff report (Attachment 2), staff determined that the proposed project is consistent with both the General Plan land use designation and the zoning designation for the site as retail, office, and residential uses are permitted pursuant to FMC Section 17.52.510.

13. The City's consultant provided inaccurate and unqualified opinions to the HDC regarding CEQA exemptions and Swainson's hawk habitat quality.

City Staff Response:

A Categorical Exemption Supplemental Analysis (Attachment 2) was prepared by Environmental Planning Partners, Inc. in August of 2023 to evaluate whether the proposed project is eligible for a categorical exemption under Section 15332 (In-Fill Development Projects). The analysis determined that the project meets all of the criteria to be eligible for a categorical exemption under Section 15332 (In-Fill Development Projects) of the California Environmental Quality Act Guidelines. City staff reviewed the Categorical Exemption Analysis provided by Environmental Planning Partners, Inc. and made the determination that the proposed project satisfies the statutory criteria referenced above and therefore it is exempt from environmental review pursuant to the Infill Exemption.

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13 With respect to the project site providing potential Swainson’s Hawk habitat, the vegetation community present on the project site is a mix of ruderal (weedy) grassland, mainly consisting of nonnative annual grasses, and woodland that is a mixture of native and horticultural trees. The nearest undeveloped biological habitat is located within the American River Parkway, approximately 425 feet west/northwest of the project site, separated from the project by buildings, parking lots, and roadways. The nearest point on the American River (Lake Natoma) is approximately 1,000 feet northwest of the site, also separated by intervening urban development. Wildlife use of the site is limited to species that are adapted to dense urban environments.

Research conducted for the proposed project determined that there are no sensitive habitats identified by the California Natural Diversity Database (CNDDB) and the California Native Plant Society (NCPS) on the project site nor in the immediate project area. The CNDDB notes that the last documented sighting of a Swainson’s Hawk in the project area was in 1962 near the intersection of Market Street and East Bidwell Street, approximately 0.6 miles southeast from the project site. In addition, there are no wetland features on the project site or in the immediate project area as shown on the United States Fish and Wildlife Service National Wetland Inventory Map. Based on this information, City staff, in conjunction with Environmental Planning Partners’ Categorical Exemption Analysis, made the determination that the project site has no value as habitat for endangered, rare, or threatened species including the Swainson’s Hawk. It is important to note that the applicant also voluntarily agreed to comply with the Migratory Bird Treaty Act and California Fish and Game Code provisions by implementing the following measure (Condition No. 40):

 Avoid construction or tree removal during the nesting season (from March through September). If construction activities will occur during the nesting season and trees on the site have not been removed, no more than 30 days prior to the initiation of construction, preconstruction surveys for the presence of special- status bird species or any nesting bird species shall be conducted by a qualified biologist within a 500-foot radius of the proposed construction area. If active nests are identified in these areas, construction should be delayed until the young have fledged, or the CDFW should be consulted to develop measures to avoid the take of active nests prior to the initiation of any construction activities.

Avoidance measures may include establishment of a buffer zone using construction fencing, or the postponement of vegetation removal until after the nesting season, or until after a qualified biologist has determined the young have fledged and are independent of the nest site.

14. The project does not qualify for the HDC-claimed CEQA Guidelines section 15332 exemption for reasons including, but not limited to, the following:

a. The project is inconsistent with applicable zoning regulations and, therefore, the project does not qualify for the 15332 CEQA exemption which cannot be used for

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14 projects that are not consistent with applicable zoning regulations. (The HDC's apparent decision that it could waive compliance with certain zoning regulations, does not excuse the project from this CEQA exemption provision.)

b. The project site contains suitable nesting trees for the state-listed Threatened Swainson's Hawk and, therefore, the project does not qualify for the 15332 CEQA exemption which requires that a project site must have no habitat value for endangered, rare, or threatened species.

c. The project may cause a substantial adverse change in the significance of historical resources through the introduction of a new building with incompatible mass, scale, and design adjacent to the locally important historic library building adjacent to the west of the project and to the National Register of Historic Places (NRHP) -listed Cohn House and, therefore, the project is disqualified from use of the 15332 CEQA exemption due to the CEQA Guidelines section l 5300.2(f) exception to the exemption which disallows use of an exemption for a project which may cause a substantial adverse change in the significance of a historical resource.

d. The project's location in the Historic District and the two adjacent historic properties, the project's incompatible mass and scale, and the project's destruction of oak trees (in particular, Tree 1347 on City property along Scott Street) would adversely affect the historic character and setting of adjacent historic properties and creates the reasonable possibility that the project would result in significant aesthetic impacts in the unique area in which the project is located, and, therefore, the project is disqualified from use of the CEQA 15332 exemption due to the 15300.2( c) exception to the exemption which disallows use of an exemption for a project where there is a reasonable possibility that the project will have a significant impact on the environmental due to unusual circumstances. (Furthermore, I and other members of the public were provided substantially incorrect and misleading photographic simulation renderings prior to and during the HDC hearing which substantially affected our ability to understand and comment on the impacts of the project on aesthetics and scale/massing incompatibilities with adjacent historic properties.) Project construction activities within 5 feet of the adjacent historic library building would have the potential to produce ground-borne vibration levels well above vibration levels identified as having the potential for structural damage which creates the reasonable possibility that the project would result in structural damage associated with ground- borne vibration, and, therefore, the project is disqualified from use of the CEQA 15332 exemption due to the 15300.2(c) exception to the exemption which disallows use of an exemption for a project where there is a reasonable possibility that the project will have a significant impact on the environmental due to unusual circumstances.

City Staff Response:

In reviewing the submitted Design Review Application, City staff determined that the proposed project was potentially eligible for a categorical exemption from

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15 environmental review under Section 15332 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA) Guidelines. To be considered eligible for this particular exemption, the proposed project must meet the following criteria:

a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

c) The project site has no value as habitat for endangered, rare, or threatened species.

d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

e) The site can be adequately served by all required utilities and public services.

A Categorical Exemption Supplemental Analysis (Attachment 2) was prepared by Environmental Planning Partners, Inc. in August of 2023 to evaluate whether the proposed project is eligible for a categorical exemption under Section 15332 (In-Fill Development Projects). The analysis determined that the proposed project meets all of the criteria referenced above to be eligible for a categorical exemption under Section 15332 (In-Fill Development Projects) of the California Environmental Quality Act Guidelines. City staff reviewed the Categorical Exemption Analysis provided by Environmental Planning Partners, Inc. and made the determination that the proposed project satisfies the statutory criteria referenced above and therefore it is exempt from environmental review pursuant to the Infill Exemption.

a. As stated in the Historic District Commission Staff Report (Attachment 2), City staff determined that the proposed project is consistent with both the General Plan land use designation and the zoning designation for the site as retail, office, and residential uses are permitted pursuant to Section 17.52.510 of the Folsom Municipal Code. City staff also determined that the proposed project is consistent with all applicable General Plan goals and polices. In addition, City staff determined that the proposed project meets all development standards established by the Sutter Street Subarea Special Use and Design Standards (FMC Section 17.52.210(C)) with respect to building setbacks, building height, and other requirements. Additional discussion of the building height and deck/patio length issues is contained in City Staff’s Response to Comment No. 5, above. That analysis is equally relevant here regarding the project’s compliance with applicable zoning regulations. In FMC Section 17.52.400(D), the Zoning Code grants the HDC the authority to permit exceptions to design standards in limited circumstances like those present here. The project is not inconsistent with applicable zoning regulations because the HDC properly exercised its authority to permit exceptions to certain standards in this case.

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16 Based on the aforementioned evaluation, City staff determined that the proposed project is consistent with applicable zoning regulations and therefore is eligible to utilize the CEQA Infill Exemption (CEQA Guidelines Section 15332 In-Fill Development Projects).

b. As stated previously in City Staff’s response to Comment No. 13, research conducted for the proposed project determined that there are no sensitive habitats identified by the California Natural Diversity Database (CNDDB) and the California Native Plant Society (NCPS) on the project site nor in immediate project area. In addition, there are no wetland features on the project site or in the immediate project area as shown on the United States Fish and Wildlife Service National Wetland Inventory Map. Based on this information, City staff, in conjunction with Environmental Planning Partners Categorical Exemption Analysis, made the determination that the project site has no value as habitat for endangered, rare, or threatened species including the Swainson’s Hawk. As a result, City staff determined that the proposed project is eligible to utilize the CEQA Infill Exemption.

c. The CEQA Guidelines include a number of potential exceptions to the applicability of categorical exemptions. The Categorical Exemption Supplemental Analysis prepared by Environmental Planning Partners, Inc. determined that none of the exceptions to use of the categorical exemption for Infill Projects are applicable to the proposed project. City staff agreed with Environmental Planning Partners’ analysis and determined that none of the potential exceptions to the use of the Infill exemption are applicable in this case.

City staff closely considered the potential applicability of the exception for historical resources in association with this project because of the proximity to the project site of the Cohn House and the historic library building. On March 24, 2021, Page & Turnbull prepared a Project Analysis Memorandum for the purpose of evaluating the architecture and design compatibility of an earlier iteration of the proposed project with a nearly identical design relative to historic resources in the immediate project area using Standard 9 of the Secretary of the Interior’s Standards for Rehabilitation as a guiding principle, which reads: “New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The design changes between an earlier iteration and the current building design include minor alterations to window and door arrangements on the building, shifting the third-floor wall plane further back away from Sutter Street, and enlarging a canopy on the third floor of the building.

The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.” On August 25, 2023, Page & Turnbull prepared a supplemental Project Analysis Memorandum which confirmed

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17 that subsequent minor modifications made to the proposed building would not alter their original conclusions.

Historic resources in the immediate project area include the Cohn House which was originally constructed in the 1860’s and was listed on the National Register of Historic Places in 1982. The Cohn House, which is located directly to the east of the project site across Scott Street, is considered a particularly good local representation of late 19th century residential architecture. The Cohn House features a great variety of architectural form and details typical of the Queen Anne style of design. The large size and impressive siting of the Cohn House on a hill overlooking the Historic District also add to its visual importance.

The other historic resource in the immediate project area is a former library building located directly to the west of the project site. The former library building, which was constructed around 1915, is listed on the City’s Cultural Resource Inventory.

The former library building consists of a one-story wood frame building with a simple rectangular floor plan and a front-facing gable roof with wide overhanging eaves and exposed rafter tails. The front, northwest façade of the former library building has a full-width porch; both the building and porch supports are clad with painted wood shingles. Non-original windows and doors at the front facade of the former library building are surrounded by molded wood trim, and modern concrete stairs extend up the steep sloping grade of the site to the front porch from Sutter Street.

The Page & Turnbull analysis concluded that while the proposed project is larger in scale than the Cohn House and the former library building and differs in its use, massing, materials, and design, these differences reflect the mixed commercial and residential character and variety of historic and non-historic buildings of the immediately surrounding blocks of the Sutter Street Subarea. As result, Page & Turnbull determined that the proposed building would not affect the ability of the two individual historic resources to continue to convey their historic significance and that the project is compatible with the character-defining features of the Sutter Street Subarea. Therefore, it was determined that the proposed project would not cause a substantial adverse change in the significance of a historical resource and the potential exception in CEQA Guidelines Section l5300.2(f) does not apply in this case.

d. The California Supreme Court has explained that “listing a class of projects as exempt, the Secretary has determined that the environmental changes typically associated with projects in that class are not significant effects within the meaning of CEQA, even though an argument might be made that they are potentially significant.” (Berkeley Hillside Preservation v. City of Berkeley (2015) 60 Cal.4th 1086, 1104-1105.). The potential exception for unusual circumstances, found in CEQA Guidelines Section 15300.2(c) applies only when both (1) unusual circumstances exist to distinguish the proposed project from others in the exempt

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18 class and (2) there is a reasonable possibility that the project will have a significant effect on the environment due to those unusual circumstances.

In analyzing this potential exception, lead agencies consider whether the proposed project’s circumstances differ significantly from the circumstances typical of the type of projects covered by the exemption. In determining whether the environmental effects of a proposed project are unusual or typical, local agencies consider conditions in the vicinity of the proposed project but may also look to other projects in the exempt class within their jurisdiction.

In this case, City staff analyzed whether the circumstances of the proposed project are unusual or typical by considering conditions on Sutter Street and also considering other similarly sized infill projects in Folsom meeting the exemption criteria. Ultimately, relying on the Environmental Planning Partners’ analysis, staff found no unusual circumstances present that would distinguish the proposed project from other infill projects. In addition, staff found that the proposed project does not present a reasonable possibility of having a significant effect on the environment.

The various potentially unusual circumstances alleged in the appeal are addressed as follows:

Oak Trees: As discussed previously within the Background section of this staff report, City staff determined that the severe slope of the subject property would require the project site to be massed graded to install standard improvements (building foundation, underground utilities, retaining walls, sidewalks, etc.), and that it is not feasible or possible to save any of the 11 protected oak trees located on the project site. As a result, the applicant will be required to plant street trees per FMC Section 12.16.190 and prior to construction the applicant will also be required to obtain a Tree Removal Permit. As part of review of the Tree Removal Permit application, the City Arborist will determine the type and amount of mitigation consistent with FMC Section 12.16.150.

Tree removal in general, and the removal of oak trees in particular, is not unusual in Folsom. Compliance with the City’s Tree Preservation Ordinance is mandatory for any project that involves tree removal, including this one. Projects throughout the City are able to remove protected trees in compliance with the criteria for removal contained in the Tree Preservation Ordinance and removal of protected trees for any project requires planting of replacement trees or payment of an in-lieu fee. As a result, removal of protected trees consistent with City regulations and requirements would not cause a significant effect on the environment due to unusual circumstances.

Project Mass/Scale and Location: The scale and massing of the proposed project is consistent with recent mixed use infill buildings located at 604/602 Sutter Street (the Folsom Electric Building, also known as the Steakhouse Building) and at 607 Sutter Street (the Fire and Rain Building). As described in City staff’s response to Comment No. 14-c, the Page & Turnbull analysis concluded that the scale, massing and overall

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19 design of the proposed project reflect the mixed commercial and residential character and variety of historic and non-historic buildings of the immediately surrounding blocks of the Sutter Street Subarea. As result, Page & Turnbull determined that the proposed building design, including the scale and massing, would not have a significant effect on the environment by detracting from the Sutter Street Subarea’s ability to convey its historical significance or by inhibiting the ability of the two individual historic resources in the immediate vicinity to continue to convey their historic significance. With respect to alleged aesthetic impacts, Environmental Planning Partners found that the proposed project qualifies as an Employment Center Project for purposes of Public Resources Code Section 21099 and, as a result, any potential aesthetic impacts are statutorily excluded from being considered significant impacts on the environment. Staff determined that the proposed project’s massing, scale, and location would not cause a significant effect on the environment due to unusual circumstances.

Construction and Vibration: Construction related vibration is not unusual in Folsom, as evidenced by the existence of General Plan Policy SN 6.1.8 related to that subject.

Regarding the potential effects of vibration in this case, as described in City staff’s response to Comment No. 7, a bedrock removal plan must be prepared and approved by the City before any such work occurs on the project site. Blasting is not required for this project, but even so, this plan must include requirements for the protection of private property, including nearby structures. Environmental Planning Partners also analyzed the potential for structural damage to be caused by construction-related vibrations as a part of its work on this project and determined that no damage to nearby buildings is anticipated in this case. The vibration levels generated by the type of construction equipment required for this project are not anticipated to meet the vibration level threshold where the onset of damage to buildings extremely susceptible to vibration is expected to occur. Staff determined that construction activities and vibration caused by the proposed project would not cause a significant effect on the environment due to unusual circumstances.

Applicant Response:

The applicant submitted a detailed response letter (Attachment 5) to the appeal on the 603 Sutter Street Mixed-Use Building project on September 29, 2023. In the response letter, the applicant indicates that they believe the Historic District Commission’s authority regarding the 603 Sutter Street Mixed-Use Building project is clear as referenced in multiple section of the Folsom Municipal Code (FMC Sections 17.52.120, 17.52.300, and 17.52.700(A)). In addition, the applicant states that the Historic District Commissions findings regarding the architecture and design of the 603 Sutter Street Mixed-Use Building project are fully supported by the factual evidence in the record and presented to the Commission at their September 6, 2023 meeting. Lastly, the applicant contends that the 603 Sutter Street Mixed- Use Building project clearly qualifies for the Class 32 CEQA In-Fill Exemption and that Mr.

Delp has not presented sufficient evidence to demonstrate that the project will have a significant impact on the environment due to unusual circumstances, including significant aesthetic impacts and vibrational impacts. In their conclusion, the applicant states that the Historic District Commission thoroughly evaluated the 603 Sutter Street Mixed-Use Building

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20 project and requests that the City Council affirm the Commission’s approval of the project and deny the Appeal by Bob Delp.

CONCLUSION

Based on the forgoing, staff respectfully requests that the City Council DENY the appeal by Bob Delp of the Decision by the Historic District Commission Approving a Design Review Application and determining that the proposed 603 Sutter Street Mixed-Use project (PN 17- 145) is exempt from CEQA.

ATTACHMENTS

1. Letter of Appeal from Bob Delp, dated September 11, 2023

2. Historic District Commission Staff Report, dated September 6, 2023

3. Historic District Commission Additional Information

4. Minutes from September 6, 2023 Historic District Commission Meeting

5. Applicant Response Letter, dated September 29, 2023

Submitted,

PAM JOHNS
Community Development Director

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Attachment 1

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CITY OF FOLSOM

APPEAL FORM
NAME OF APPELLANT: Bob Delp
MAILING ADDRESS: 612 Mormon Street =-=.::;....:..,.=-'-'"'-'-"-'-'--====---------------------- Folsom CA 95630
916-812-8122
City of Folsom Historic District resident and property owner.

Historic District Commissio n (HOC) approval of PN 17-145 (603 Sutter St.) and determination that project is exempt from CEOA.

Date of Decision or Date Project was Heard: September 6, 2023 Interest in Matter:

Daytime Phone:

Action Being Appealed:

Reason for Appeal: HDC lacks approval authority. Project does not qualify for a CEQA exemption.

Project review was inadequate _Proiect would unjustifi ably destroy_ "protect" oak trees,including two on City property. Expansion of these and additional issues described in attached September 11 , 2023, letter.

Appellant's Signature
September 11,2023
Date
STAFF USE ONLY:

Date Received:

Planning Comm. or Historic District Comm.

Decision Appeal
Type of Project/fee:
- Owner Occupied/Single Family Dwelling $246
- All Others $495
Fee Paid: _
Admin. (staff decision) Appeal
Type of Project/fee:
- Owner Occupied $239
-All Other $479
Tentative Hearing Date: Time Limit Waived:

Copies to: Community Development Director
City Manager
City Attorney
City Clerk
Received by:

Appeal fees set by City Cou ncil Reso lution No. 10479 approved 7/1/2020 .

Updated February 2023

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September 11, 2023
City of Folsom City Clerk's Office
Attn: Ms. Christa Freemantle, City Clerk
50 Natoma Street
Folsom, CA 95630
Hand Delivered and
via email to: cfreem antle @folsom.ca.us for filing and for distribution to City Council SUBJECT: 603 Sutter Street Mixed-Use Building Design Review (PN 17-158)-Appeal of Historic District Commission Decision to City Council
Dear City Councilmembers:

I am appealing to the City Council the decision by the Historic District Commission (HOC) approving the 603 Sutter Street Mixed-Use Building Design Review Project (PN 17-145) and the HDC's determination that the project is exempt from the California Environmental Quality Act (CEQA). Comments I submitted to the HOC are included in Attachment A, and my concerns and requests in that letter remain unaddressed.

This introduction addresses two specific issues that should be reason for at least one councilmember to intervene and readjust the trajectory of this project. I am not opposed to development of the 603 Sutter Street property and I suggest that a project similar to the currently proposed project with certain important adjustments could be accomplished without resistance.

In the meantime, I am opposed to the currently proposed project and request that the City Council deny the project or provide direction to staff and the applicant to improve the project and its analysis.

Substantially Inaccurate and Misleading Information was Provided In Project Renderings
Although not the sole reason for this appeal, the City Council should be aware that on the day of the HDC's September 6, 2023, hearing it was revealed that at least one of the two photo-overlain renderings prepared by the appli cant's architect and submitted by the applicant as part of the application materials was substantially inaccurate. 1 Attachment B of this letter shows the rendering used by staff and its consultant, circulated to the public, included in the September 6" staff report, and used in staff s slide show to HDC at the September 6" hearing (top image of Attachment B). The bottom image in Attachment B provides a scale-adjusted rendering prepared on September 6" by the applicant's architect who acknowledged that the previous rendering was inaccurate and out-of-scale and also acknowledged that the revised rendering still includes inaccuracies (e.g., Scott Street oak tree 1347 is still shown but is planned to be removed by the project). The revised rendering was not presented to the HDC until after the close of the public comment period on September 6". Even then, the revised rendering was not shown to the public at the meeting and was only handed out as hard copy to the HDC.

The revised rendering was not and could not have been considered by the City's architectural historian who reviewed and provided an opinion regarding the mass and 1 Note that the February 23, 2023, application form states under signature of the applicant, "I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best ofmy ability, and that the facts, statements, and information presented are true and correct to the best ofmy knowledge and belief."

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Attachment 2

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AGENDA ITEM NO. 1
Type: Public Meeting
Date: September 6, 2023

City of Folsom Page 1
Historic District Commission Staff Report
50 Natoma Street, Council Chambers
Folsom, CA 95630

Project: 603 Sutter Street Mixed-Use Building

File #: PN-17-145

Request: Design Review

Location:

APN:
603 Sutter Street

070-0111-010

Staff Contact: Steve Banks, Principal Planner, 916-461-6207 [email protected]

Property Owner/Applicant
Name: Cedrus Holdings Limited Partnership
Address: 604 Sutter Street, Suite 250
Folsom, CA 95630

Recommendation: Conduct a public meeting and upon conclusion recommend Design Review approval for development of a three-story, 12,177-square-foot mixed-use building on a 0.17-acre site located at the southwest corner of the intersection of Sutter Street and Scott Street as described and illustrated on Attachments 5 through 17 for the 603 Sutter Street Mixed-Use Building project (PN 17-145), based on the findings (Findings A-O) and subject to the conditions of approval (Conditions 1-51) attached to this report.

Project Summary: The proposed project involves a request for Design Review approval for development of a three -story, 1 2,177-square-foot mixed -use building at 603 Sutter Street. The proposed mixed-use building includes 2,716 square feet of retail/restaurant space on the first floor , 5,246 square feet of office space on the second floor, and two, two-bedroom residential units totaling 3,630 square feet on the third floor . The proposed three-story mixed-use building includes a pre-1900 design theme that features the use of historic design features, historic building materials, and historic building colors.

2 C t r or

IF O LS O M
0 l$ T IN ¢ rIv E 8 Y N A T U R E

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Table of Contents:
1 - Description/Analysis
2 - Background
3 - Conditions of Approval
4 - Vicinity Map
5 - Preliminary Site Plan, dated February 8, 2023
6 - Preliminary Grading and Drainage Plan, dated August 23, 2023 7 - Preliminary Utility Plan, dated August 23, 2023
8 - Preliminary Landscape Plan, dated December 10, 2022 9 - Retaining Wall Details, dated February 8, 2023
10 - Building Elevations and Floor Plans, dated August 24, 2023 and February 8, 2023 11 - Building Sections, dated August 24, 2023
12 - Illustrative Building Renderings, dated February 8, 2023 13 - Streetview Building Renderings, dated February 8, 2023 14 - Historic Building References, dated February 8, 2023 15 - Building Lighting Plan, dated August 24, 2023
16 - Uniform Sign Criteria, dated August 9, 2022
17 - Project Narrative, dated August 23, 2023
18 - CEQA Categorical Exemption Analysis, dated August 2023 19 - Special Studies Found on City Website at:
(https://www.folsom.ca.us/government/community-development/planning- services/current-project-information)
• Traffic Impact Study, dated July 30, 2019
• Trip Generation Memorandum, dated August 8, 2023
• Project Analysis Memorandum, dated March 24, 2021
• Project Analysis Memorandum, dated August 25, 2023
• Cultural Resources Study, dated March 2017
• Noise and Vibration Assessment, dated April 16, 2021
• Arborist Inventory, dated March 21, 2017
• Arborist Survey, dated March 12, 2019
• Arborist Report, dated July 14, 2022
• Geotechnical Study, dated March 2017
• Geotechnical Study Update, dated July 21, 2022
20 - Public Comment Letters Regarding Current Proposed Project 21 - Public Comment Letters Regarding Original Project and Subsequent Iterations 22 - Site Photographs
23 - Public Comment Response Letter, August 30, 2023

2 0 lT N C T IV E B Y N A T U R E

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Submitted,

__________________________
PAM JOHNS, Community Development Director
2 CITY Or

IF' O L S O M

D IS TIN C TIV E B Y N A TU R E

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Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 4

ATTACHMENT 1

DESCRIPTION/ANALYSIS

Detailed information regarding the project’s General Plan land use designation, zoning, adjacent land uses, site characteristics, and applicable codes is described below.

GENERAL PLAN DESIGNATION HF (Historic Folsom Mixed-Use)

ZONING SUT/HD (Sutter Street Subarea of the
Commercial Primary Area)

ADJACENT LAND USES/ZONING North: Sutter Street with Commercial Development (SUT/HD) Beyond
South: Single-Family Residential
Development (SUT/HD) with
Peddlers Lane Beyond
East: Scott Street with Single Family
Residential Development
(SUT/HD) Beyond
West: Commercial Development (SUT/HD)
with Riley Street Beyond

SITE CHARACTERISTICS Undeveloped 0.17-acre sloped site with a mix of native and non-native vegetation and trees.

APPLICABLE CODES FMC Chapter 17.52 HD, Historic District FMC Section 17.52.300, Design Review
FMC Section 17.52.510, Sutter Street
Subarea Special Use and Design
Standards
Historic District Design and Development
Guidelines
Government Code § 65863.2, Minimum
Automobile Parking Requirements (AB 2097)

SETTING
The undeveloped 0.17-acre project site is located at the southwest corner of Sutter Street and Scott Street within the Sutter Street Subarea of the Historic District. The project site, which slopes steeply downward from south to north, is vegetated with bamboo, vinca, non-native grasses, and 20 trees including 11 native oak trees and 9 non -native ornamental trees. The Sutter Street frontage includes a short retaining wall, curb, gutter, sidewalk, landscape planter, streetlights, and three on-street parking spaces. The Scott Street frontage includes a curb, gutter, and landscape planter.

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The project site is bounded by Sutter Street to the north with the three-story Folsom Electric Building and public parking lot beyond, single-family residential development to the south with Peddlers Lane beyond, commercial development to the west with Riley Street beyond, and Scott Street to the east with the Cohn House and residential development beyond. An aerial photograph of the project site and surrounding land uses and a street-level site photograph are shown in Figures 1 and 2 below and on the following page.

FIGURE 1: AERIAL PHOTOGRAPH (2018) OF PROJECT SITE

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FIGURE 2: STREET LEVEL SITE PHOTORAPH OF PROJECT SITE

APPLICANT’S PROPOSAL
The applicant, Cedrus Holding Limited Partnership , is requesting approval of Design Review for development of a three -story, 1 2,177-square-foot mixed -use building on a

0.17-acre site located at the southwest corner of the intersection of Sutter Street and Scott Street (603 Sutter Street). The proposed mixed-use building features 2,716 square feet of retail/restaurant space on the first floor, 5,246 square feet of office space on the second floor, and two, two -bedroom residential units totaling 3,630 square fee t on the third floor. The proposed project also features various outdoor use areas including an outdoor patio adjacent to Sutter Street, a balcony on the second floor, and a balcony on the third floor.

The proposed three -story building features a historic pre-1900 design concept that is intended to compliment the design, colors, and materials of other commercial buildings found along Sutter Street . Significant design elements include covered entr ies along Sutter Street , large rectangular doors and windows, recessed windows, transom

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windows, balconies, wood and brick cornices, ornamental iron railing, and steel awning structures. Primary building materials include brick veneer, horizontal cement fiber siding, an aluminum storefront system, metal clad wood-framed windows, concrete windowsills, iron railing, steel canopies , and rockery retaining walls. Primary building colors include red (brick veneer) and white (horizontal cement fiber siding), with black, grey, and bronze as the main accent and trim colors.

Primary vehicle access to the general project area is provided by Sutter Street and Scott Street. No on-site or off-site parking is being proposed with this project. However, the applicant is proposing to replace one existing non-accessible parking space in front of the project site along Sutter Street with an ADA accessible parking space. T he applicant is proposing to utilize the existing nearby on-street parking, public parking lots, and public parking garages to serve the parking needs of the proposed mixed-use building.

Pedestrian access to the project site is provided by an existing sidewalk located on the south side of Sutter Street and a proposed sidewalk along the west side of Scott Street.

The primary entrance into the building is located along Sutter Street for the retail/restaurant uses, with secondary pedestrian access to the office and residential uses located along Scott Street. Proposed site improvements include underground utilities, a sidewalk, curb, gutter, an outdoor patio, retaining/stem walls, landscaping, and fencing.

The proposed site plan, floor plan s, building elevations, building cross sections, and building renderings are shown in Figures 3-10 on the following pages.

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FIGURE 3: SITE PLAN

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FIGURE 4: FLOOR PLAN (FIRST AND SECOND FLOORS)

FIGURE 5: FLOOR PLAN (THIRD FLOOR AND ROOF)

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FIGURE 6: BUILDING ELEVATIONS

FIGURE 7: BUILDING CROSS SECTIONS

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FIGURE 8: BUILDING RENDERINGS

FIGURE 9: BUILDING RENDERING (NORTH ELEVATION - SUTTER STREET)

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FIGURE 10: STREETVIEW RENDERINGS

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The following sections provide an analysis of the applicant’s proposal. Staff’s analysis includes:

A. General Plan and Zoning Consistency
B. Design Review
C. Encroachments
D. Traffic/Access/Circulation
E. Parking
F. Noise Impacts
G. Retaining/Stem Walls
H. Building Lighting
I. Trash/Recycling
J. Uniform Sign Program
K. Existing and Proposed Landscaping
L. Biological Resources
M. Cultural Resources

A. General Plan and Zoning Consistency

The General Plan land use designation for the project site is HF (Historic Folsom Mixed- Use) and the zoning designation is SUT/HD (Sutter Street Subarea of the Historic District). The project is consistent with both the General Plan land use designation and the zoning designation for the site as retail, office, and residential uses are permitted pursuant to Section 17.52.510 of the Folsom Municipal Code. In addition, the proposed project meets all development standards established by the Sutter Street Subarea Special Use and Design Standards (FMC, Section 17.52.210 C) with respect to building setbacks and building height as shown in Table 1 on the following page.

The Sutter Street Subarea Special Use and Design Standards (FMC, Section

17.52.510(C) state that “building heights shall not exceed 35 feet adjacent to the sidewalk area on Sutter Street.” As shown on the submitted building elevations (Attachment 10), the elevation of the proposed building as measured from the adjacent sidewalk on Sutter Street ranges from 29 Feet 1 Inch in height at the northeast corner of the building to 35 Feet in height at the northwest corner of the building. A dashed red line is shown on the North Elevation which illustrates the 35 -foot height elevation as measured from the sidewalk adjacent to Sutter Street. As a result, City staff has determined that the project meets the maximum building height requirement as established by the Folsom Municipal Code. The parapet located above the third story of the building extends up to 39 feet, 4

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feet above the maximum height limit of 35 feet established for the Sutter Street Subarea.

The Folsom Municipal Code (FMC, Section 17.52.510(C) states that towers, spires, or other similar architectural features may extend up to 15 feet above the maximum building height of 35 feet. City staff has determined that the parapet wall associated with the proposed building is an architectural feature. It is important to note that City staff and the Historic District Commission have previously made the determinat ion that parapet walls associated with recent development projects along Sutter Street (Sutter Court Mixed-Use Building at 905/905 Sutter Street) are considered architectural features.

Recent state legislation (Assembly Bill 2097; Government Code Section 65863.2) prohibits public agencies (City of Folsom in this case) from imposing minimum parking requirements on residential, commercial, or other development projects located within a half-mile of public transit. Consistent with that legislation, the proposed project does not include on-site parking. A more detailed discussion of this new legislation and how it affects the Folsom Municipal Code’s minimum parking requirement for the Sutter Street Subarea, is contained within the Parking Section of this staff report.

The table below lists the existing and proposed development standards for the proposed project.

TABLE 1: SUTTER STREET SUBAREA DEVELOPMENT STANDARDS TABLE

Development Standards Table
603 Sutter Street Mixed-Use Project
Front Yard
Setback
Rear Yard
Setback
Side Yard
Setbacks
Maximum
Building
Height
Minimum
Parking
Required
Sutter Street
Subarea
0 Feet

NA NA 35 feet NA
Proposed
Project
2 Feet

3.75 Feet 0/6 Feet 35 feet* NA
*Average Building Height of 28 feet 9 inches
NA = Not Applicable

Land Use Compatibility

In terms of land use compatibility, t he project site is located at the southwest corner of Sutter Street and Scott Street within the Sutter Street Subarea of the Historic District. The project is bounded by Sutter Street to the north with the three -story Folsom Electric Building beyond; a single-family residence to the south with Peddlers Lane beyond ; the former library building and commercial development to the west with Riley Street beyond; and Scott Street to the east with the Cohn House and single -family residential development beyond. It is important to mention that all of the adjacent land uses, including the single-family residence to the south and the Cohn House across Scott Street

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to the east, are situated within the Sutter Street Subarea and have a zoning designation of HD (Historic District).

The project site is located within an area that is predominantly commercial in nature. The proposed project is also situated within the Sutter Street Subarea, an area in which the most intensive commercial development within the Historic District is locate d including restaurants, bars, retail shops, and offices. Based on the nature of the existing commercial uses in the project area, staff has determined that t he proposed three-story mixed-use building is compatible with existing land uses in the project area.

Staff has also determined that the proposed three-story building is complementary to the massing and scale of the other one, two, and three-story commercial buildings situated along Sutter Street in the project vicinity. A detailed discussion regarding the design compatibility of the proposed building is included in the Design Review section of this staff report.

Applicable General Plan Goals and Policies

The City of Folsom General Plan (2035), which was adopted in 2018, outlines a number of goals, policies, and implementation programs designed to guide the physical, economic, and environmental growth of the City. Staff has determined that the proposed project is consistent with the applicable General Plan goals and policies as outlined and discussed on the following pages:

GP GOAL LU 1.1 (Land Use/Growth and Change)
Retain and enhance Folsom’s quality of life, unique identity, and sense of community while continuing to grow and change.

GP POLICY LU 1.1.12-1 (Infill Development)
Respect the local context: New development should improve the character and connectivity of the neighborhood in which it occurs. Physical design should respond to the scale and features of the surrounding community, while improving critical elements such as transparency and permeability.

The proposed project is consistent with this policy in that the project features significant site and design improvements which will enhance the overall character of the area including development of a commercial building designed to complement the architecture and design of existing commercial buildings in the vicinity.

GP POLICY LU 1.1.12-2 (Infill Development)
Work with neighbors: Infill development requires neighborhood consultation to understand the concerns, goals, and needs of existing neighborhoods. Ensure the planning and design process provides proper avenues for neighborhood input while fulfilling the community’s larger goals for walkability and compact development.

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The proposed project is consistent with this policy in that the project applicant solicited feedback from the public on a number of occasions including at the Historic District Commission meeting held on September 6, 2017, where the project was discussed as an informational item . The applicant also sponsored several neighborhood outreach meetings that occurred between August 2, 2017 and September 6, 2017 , at which the public was provided the opportunity to comment on the proposed project. The applicant subsequently met with various stakeholders over the course of the next few years to discuss the merits of the proposed project and solicit additional feedback. The proposed project was also presented to the Historic District Commission on August 19, 2020 and October 21, 2020, during which time the public and the Commission had the opportunity to provide comments on the mixed-use project. The project design has evolved since the original proposal in response to the community and Commission feedback.

GP POLICY LU 1.1.15 (SACOG Blueprint Principles)
Strive to adhere to the Sacramento Regional Blueprint Growth Principles.

The proposed project is consistent with this policy in that the project has been designed to adhere to the primary SACOG Blueprint Principles including Compact Development and Quality Design. Compact Development involves creating environments that are more compactly built and use space in an efficient but attractive manner and helps to encourage more walking, biking, and transit use and shorter auto trips. Quality Design focuses on the design details of any land development (such as relationship to the street, placement of buildings, sidewalks, street widths, landscaping, etc.), which are all factors that influence the attractiveness of living in a compact development and facilitate the ease of walking within and in and out of a community. Given the mix of uses and the proximity to the Historic District light rail, staff believes that the project furthers the Blueprint principles.

B. Design Review

The proposed three-story building features a historic design concept (1850-1900’s) that is intended to compliment the design, colors, and materials of other commercial buildings found along Sutter Street. The proposed building is characterized by wide horizonal massing with wall planes and balconies stepped back from the public right-of-way (similar to other building along Sutter Street ), to create a more pedestrian friendly appearance.

Specific design elements that were chosen to reflect the pedestrian nature of Sutter Street include the use of a covered walkway along Sutter Street and outdoor seatings areas adjacent to Sutter Street and Scott Street. Additional building design elements chosen to support the historic character of Sutter Street include large rectangular doors and windows, recessed windows, transom windows, recessed balconies, wood and brick cornices, ornamental iron railing, and a steel awning structure. Primary building materials selected to reflect the Historic nature of Sutter Street include brick veneer, horizontal cement fiber siding designed to emulate wood siding, metal clad wood-framed windows, concrete windowsills, iron railing, and steel canopies. Primary building colors chosen for the three-story building include red (brick veneer) and white (horizontal cement fiber siding), with black, gray, and bronze utilized as the main accent and trim colors. Figure

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11 below shows the historic architectural references that the applicant used in guiding the design of the proposed project.

FIGURE 11: HISTORIC REFERENCES EXHIBIT

The purpose and intent of Chapter 17.52 of the Folsom Municipal Code (Section

17.52.010(B)(1)(2)(3) is to: preserve and enhance the historic, small town atmosphere of the historic district as it developed between the years 1850 and 1950; encourage an active business climate which promotes the development of a diverse range of business compatible with t he historic district as it developed between the years 1850 and 1950; and; and to ensure that new residential and commercial development is consistent with the historical character of the historic district as it developed between the y ears of 1850 and 1950.

The Sutter Street Subarea encompasses Folsom’s original central business district, the area first zoned for historic preservation. Retail shops and restaurants have been the predominant use in recent history. The Subarea is intended to become a more “complete” downtown, serving convenience shopping, service, and community needs of Folsom residents and visitors. Overall, the Sutter Street Subarea represents a mixture of development that is representative of the 1850 to early 1900s timeframe. The Historic

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District Design and Development Guidelines (Design Guidelines), which were adopted on October 1, 1998, provide guidance for development activity within the Sutter Street Subarea.

Building Design
In terms of building design, the intent of the Design Guidelines is to encourage new construction to follow the patterns and princip les of historic architectural design. New construction should also take into consideration the design of buildings within the immediate project area. With respect to articulation, the Design Guidelines recommend that windows, doors, cornices, and other architectural elements be designed with respect to the entire building façade and be relatable to adjacent and nearby buildin gs. The proportions of these design elements should also relate the building façade at a human scale. Consistent with these recommendations, the proposed building includes significant fenestration and articulation through design details as illustrated on the submitted building elevations and building renderings that reflect the historic architectural cha racter of the Sutter Street Subarea (refer to Attachment 10).

Building Placement
The Design Guidelines recommend that new commercial structures be designed to be of a pre -1900 design and a continuous façade of shops along the sidewalk should be provided to encourage shoppers to walk the entire length of the shopping area. In addition, the Design Guidelines state that “the context for design evaluation will be the buildings along the same street adjacent to the property being developed or predominant style for the Subarea.” Consistent with these recommendations, the proposed building is located two feet from the northern property boundary adjacent to Sutter Street and zero feet from the property line adjacent to Scott Street.

Storefront Windows and Entries
The Design Guidelines recommend that street-level storefront windows are large and transparent, allowing for displays which will draw interest of pedestrians. Upper floor windows are encouraged to be recessed to create a sense of depth and interest. With respect to shape, the Design Guidelines discourage irregular, polygonal, or circular shapes. Glass in windows and doors is encouraged to be clear, no dark -tinted or reflective glass should be utilized.

As shown on the submitted building elevations (Attachment 10), the proposed building features large, rectangular doors and windows. The windows and doors are both divided into small panes. Small rectangular transom windows are also provided on the first floor of the building just above the large windows and doors. Staff has determined that the scale and shape of the doors and windows on the proposed building are consistent with Design Guidelines. However, to ensure consistency with the Design Guidelines going forward, staff recommends that no dark-tinted or reflective glass be utilized on windows and doors on the Sutter Street or Scott Street building elevations. In addition, staff recommends that all windows be du al-paned windows in order to increase energy efficiency. Condition No. 28-3 is included to reflect these requirements.

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Balconies, Awnings, and Arch Features
The Design Guidelines encourage new developments on Sutter Street to provide balconies and canopies over the public sidewalk area. Balconies and awnings are permitted to extend up to 9 feet, 6-inches into the public-right-of-way to provide maximum coverage over the sidewalk. Recommended building materials for sidewalk coverings include wood shakes, canvas fabric, metal frames, and wood frames.

The proposed project features a large, uncovered balcony on the second level of the building and a large metal awning on the third floor of the building , facing Sutter Street and Riley Street respectively. The large balcony on the second level, which will encroach five feet into the Sutter Street right -of-way and provides shade to pedestrians , is supported wood-clad columns at the ground level and features decorative wood panels and ornamental iron railing painted black.

The large metal awning (1,000 square feet) on the third floor of the building is also supported by wood-clad columns and features ornamental iron railing painted black. Staff has determined that the proposed balcon y and awning features are consistent with the recommendations of the Design Guidelines.

Cornices
The Design Guidelines encourage new development to utilize roof cornices as decorative elements to enhance the appearance of building facades. The proposed project features a decorative brick cornice on the second floor of the building and a decorative wood cornice on the third floor of the building. The brick and wood cornice features extend around the building on all four elevations. As a result of these features, s taff has determined that the proposed cornice features are consistent with the Design Guidelines.

Materials and Colors
The Design Guidelines encourage the use of durable, high quality building materials that are complementary to the historic context of Sutter Street. Appropriate building materials include brick, stone, plaster, stucco, wood, and metal. The Design Guideli nes also recommend the innovative use of color and texture in order to create visual interest and enhance the streetscape.

As mentioned in the project description, proposed building materials include brick veneer, horizontal cement fiber siding that provides the appearance of wood siding, an aluminum storefront system, metal clad wood -framed windows, concrete windowsills, iron railing, steel canopies, and rockery retaining walls. Primary building colors include red (brick veneer) and white (horizontal cement fiber siding), with black, gray, and bronze as the main accent and trim color s. Staff has determined that the proposed building materials and colors are consistent with the Design Guidelines.

Rooftop
The roof of the proposed mixed-use building will not be visible from the Sutter Street or Scott Street right-of-way. Roof material is consistent with the design of Sutter Street

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Subarea and will not include standing seam metal, glazed ceramic, concrete, or imitation mission tiles. Staff recommends that all rooftop mechanical equipment be screened and not extend above the height of the parapet walls. Condition No. 28-4 is included to reflect this requirement.

Design Compatibility
In March of 2008, the well-known local architectural firm of Page & Turnbull published the Folsom Streetscape Improvements Historic Assessment Report to assist with the City with the Sutter Street Revitalization and Streetscape project. As part of this effort, a list of character-defining features of the Sutter Street Subarea was created. Listed on the following pages are the character-defining features of the Sutter Street Subarea including but not limited to:

Massing and Form
• Commercial and mixed-use building footprints typically fill the width of the parcel and have tall, narrow massing
• Commercial and mixed-use buildings typically with flat, stepped, or Mission style parapets or false fronts in front of flat or gabled roofs • Residential buildings with gabled or hipped roofs

Size, Scale, and Proportion
• Typically, one- or two-story buildings with regular, rectangular floor plans • Frontages of commercial and mixed-use buildings typically between 25 and 50 feet wide

Materials
• Buildings clad with traditional materials – such as wood siding, brick, stone, plaster, or stucco - with the highest quality materials and ornamentation facing Sutter Street
• One primary cladding material used on facades facing Sutter Street

Fenestration
• Traditional commercial storefront elements, such as fixed ground-floor display windows, arched or rectangular transom windows, and some recessed entries and bulkheads
• Pedestrian-scaled entries
• Wood panel front doors with integrated glass
• Operable tall, narrow wood sash windows, some with arched or segmentally arched profiles, especially at upper floors

Design Features & Architectural Details
• Coverings (i.e., awnings, canopies, or balconies) with narrow wood supports or columns; coverings at commercial and mixed-use buildings along Sutter Street typically cover the majority if not all of the sidewalk

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• Details consistent with architectural style of the individual building, such as wood spindle work, brackets, and molded window trim on Italianate and Queen Anne style buildings; red clay tile roofs and decorative inlaid tiles on Spanish Colonial Revival buildings; pilasters and dentilled cornices on Neoclassical buildings, and wide eaves with exposed rafter tails on Craftsman style buildings

On March 24, 2021 , Page & Turnbull prepared a Project Analysis Memorandum for the purpose of evaluating the architecture and design compatibility of the proposed project relative to the architecture and design of other commercial buildings within the Sutter Street Subarea and also relative to historic resources in the immediate project area. On August 25, 2023, Page & Turnbull prepared a supplemental Project Analysis Memorandum to confirm that subsequent minor modifications made to the proposed building would not alter their original conclusions. The Project Analysis Memorandums utilized the previously referenced 2008 Folsom Streetscape Improvements Historic Assessment Report as part of the basis for determining some of the c haracter-defining features of the Sutter Street Subarea. The following is a brief discussion of the proposed project’s compatibility with the character-defining features of the Sutter Street Subarea as listed above:

Massing and Form
The proposed mixed-use building is designed to adhere to some characteristics of form and overall continuity of the surrounding Sutter Street Subarea. Like the majority of historic buildings in th is subarea, the proposed building has a flat roof with a stepped parapet wall; however, its wide horizontal massing contrasts with the tall, narrow massing that is typical of historic buildings in th is subarea. Brick pilasters and the use of subtle setbacks at the northwest end of the north façade and southeast e nd of the east façade break this larger massing into narrower volumes that are more consistent with the narrow massing of many of the subarea’s historic buildings. The proposed building’s curved corner design at the intersection of Sutter and Scott Streets is a departure from the regular, rectilinear forms of the surrounding historic buildings that subtly differentiates the proposed building from the other buildings in the immediate area, although the Sutter Court Building at 905 Sutter Street uses a similar curved building design feature.

Size, Scale, and Proportion
The proposed mixed-use building shares some elements of scale and proportion with the Sutter Street Subarea. The proposed building will have approximately 94 feet of frontage along Sutter Street. While this is much wider than the typical 25-foot or 50-foot frontages of historic buildings in the Sutter Street Subarea, the use of a setback at the northwest corner of the north fa çade along Sutter Street and slight variation in the detailing of the brick veneer cladding breaks the fa çade into a roughly 30 -foot frontage and 64 -foot frontage, more in line with the scale of frontages of other historic buildings in the subarea.

The proposed building, which is composed of three stories, will be 35 feet tall to the roof surface and 39 feet tall to the rooftop parapet. While most of the historic buildings within the Sutter Street Subarea are one or two-stories tall, the prevalence of parapet walls and

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taller floor-to-ceiling heights create the appearance of buildings that are taller than two stories. The height of the proposed building meets the 35-foot maximum allowable zoning height for buildings in the Sutter Street Subarea, as well as the 15 -foot maximum height allowance for architectural features extending above the building height.

The visual impact of the height of the proposed building is minimized by setting back the third story volume and using a different exterior cladding that is of a lighter color and material than the heavy brick masonry veneer utilized on the first two floors. This makes the building appear as a two -story building as viewed from Sutter Street, even though it is taller. The size of the proposed building is further minimized by setting it down into the sloping grade of the site, which allows the building to appear as a two-story building at its east façade, facing Scott Street, and as a one-story building at its south façade, facing an adjacent residential property at 306 Scott Street.

In summary, despite the difference between the wide, horizontal massing and slightly taller height of the proposed building from other historic buildings in the subarea, Page & Turnbull determined that the proposed project will be generally compatible in scale and proportion to the overall character of the surrounding historic district and one- to two-story heights of historic buildings in the Sutter Street Subarea.

Materials
The proposed building will be clad in a mix of brick veneer and horizontal cement fiber siding. Brick veneer will cover the first and second floors of the north façade and north portions of the east and west facades, while horizontal cement fiber siding that is made to look like wood will be used on the third floor, south façade, and south portions o f the east and west facades. Windows will have aluminum sashes painted to match painted wood trim. An awning across the north façade will be supported by a p ainted steel structure and corrugated metal covering, while a balcony at the west end of the north façade will be supported by a wood structure. The balcony and third-story deck will have iron railings.

Though historic buildings in the Sutter Street Subarea typically display one primary cladding material facing the street, the use of brick veneer and horizontal cement fiber cladding that imitates the appearance of wood reflects the use of brick or wood siding on the majority of commercial and mixed -use buildings in the subarea. Historic residential buildings directly to the north and west of the project site are predominately clad with wood siding, and the use of horizontal cement fiber siding that looks like wood on secondary and rear facades presents a compatible but differentiated solution that softens the transition from the masonry construction of buildings along Sutter Street to the adjacent residential buildings and neighborhood. Although the fenestration, awnings, railings, and balconies display a mixture of contemporary and traditional historic materials, because the overall form, scale, function, placement, and configuration of these features is generally in keeping with those of historic buildings in the subarea, they reflect a compatible but differentiated interpretation of these characteristic features.

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Fenestration
Though there are some differences, the fenestration of the proposed building is generally compatible with the fenestration of historic buildings in the Sutter Street Subarea. Historic commercial and mixed -use buildings along Sutter Street typically have ground -floor storefronts with fixed wood or steel frame display windows, glazed wood doors, and transom windows; some have bulkheads or recessed entries. Fenestration on the upper floors of these buildings, as well as all floors of historic residential buildings in the subarea, primarily consist of regularly spaced tall, narrow windows with operable wood sashes and molded wood trim.

Fenestration of the proposed building differs somewhat in material from the fenestration of historic buildings in the Sutter Street Subarea, but is generally compatible in overall form, pattern, and scale. In terms of the differences, the proposed buildin g includes a system of aluminum windows with painted wood trim rather than all wood windows.

Windows on the first floor of the new building’s north façade will be aluminum, but they include many traditional storefront features – such as glazed doors, fixed display windows with bulkheads, and transom windows – thus reflecting a contemporary interpr etation of historic commercial storefronts in the Subarea. Upper -story windows are also aluminum and will have operable single -hung sashes that are tall and narrow in form, consistent with the operability, form, and scale of windows in the Subarea. As suc h, although the sash material and detailing of fenestration at the proposed project differ from those of historic buildings, in general, they are compatible with the fenestration that characterizes the Sutter Street Subarea.

Design Features & Architectural Detail
The proposed building offers a contemporary interpretation of the design of historic commercial and mixed-use buildings that were constructed along Sutter Street during the mid- to late nineteenth century. The brick veneer cladding is ornamented with a dentilled brick cornice that references similar brick cornices on historic buildings in the Subarea and other Gold Rush -period towns. The proposed building also has a simple, stepped parapet, similar to the false fronted buildings with street -facing parapet walls that line Sutter Street.

Covered awnings that extend over the sidewalk, some of which also act as second-story balconies, are characteristic of the Sutter Street Subarea. The proposed building features an awning, balcony, and rooftop deck that are similar in function, scale, and design to those of historic buildings, though, as previously discussed, they differ in materials. The curved building corner at the intersection of Scott and Sutter streets, meanwhile, introduces a more modern element to the building’s design; however, because it is only visible from secondary vantage points, it does not detract from the overall appearance and continuity of Sutter Street’s streetscape. The proposed building has an otherwise minimal design that is reflective of its time. The combination of modern interpretations of historic design features adds visual detail and richness to the design of the proposed building that enhance its compatibility with the surrounding historic Subarea.

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Streetscape and Other Features
The proposed building’s design is consistent with the historic streetscape elements of the Sutter Street Subarea. The proposed building’s footprint is set back a few feet from the sidewalk along Sutter Street to accommodate a lightwell and entries at the north facade, and has no setback to a small setback from the property line along Scott Street. This footprint is consistent with the typical minimal or zero lot line setbacks of historic commercial and mixed-use buildings from the sidewalk within the Sutter Street Subarea.

Characteristic street and sidewalk widths of the district will be retained. Although the project proposes to excavate a portion of the site to construct the building on a level grade, this will be limited to the project site and will not impact the characteristic ascending slope of Sutter Street.

Summary of Design Compatibility with Sutter Street Subarea In summary, Page & Turnbull determined that the proposed building is compatible with the character-defining features of the Sutter Street Subarea, including its flat roof and minimal setback from the sidewalk; ground -floor storefront and tall, narrow upper -story windows; use of brick exterior cladding; and incorporation of characteristic architectural features such as a covered awning, stepped parapet wall, and decorated brick cornice.

The proposed building’s broad horizontal massing and large scale have been addressed through the use of side and rooftop setbacks and the articulation of the facades into more compatible volumes. Some aspects of the proposed project differ from those of the historic district, including the rounded corner design at Sutter and Scott streets and the use of contemporary materials and features, such as horizontal cement fiber siding, divided-lite aluminum windows and French doors, corrugated metal roofing, a nd steel structural supports. These differences generally represent modern interpretations of historic programmatic needs and construction technology that characterize the Subarea.

With respect to modern building materials, the Historic District Design and Design Guidelines encourage the use of high quality commercial grade materials and new materials that are complementary to the historic context of the building and the proposed project complies with those guidelines.

The Project Analysis Memorandum prepared for the proposed project by Page & Turnbull also evaluated the architecture and design compatibility of the proposed project relative to historic resources in the immediate project area using Standard 9 of the Secretary of the Interior’s Standards for Rehabilitation as a guiding principle, which reads: “New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.”

There are no historic resources on the proposed project site. Historic resources in the immediate project area include the Cohn House which was originally constructed in the 1860’s and was listed on the National Register of Historic Places in 1982. The Cohn House, which is located directly to the east of the project site across Scott Street, is

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considered a particularly good local representation of late 19 th century residential architecture. The Cohn House features a great variety of architectural form and details typical of the Queen Anne style of deign. The large size and impressive sitting of the Cohn House on a hill overlooking the historic district also add to its visual importance.

The other historic resource in the immediate project area is a former library building located directly to the west of the project site. The former library building, which was constructed around 1915, is listed on the City’s Cultural Resource Inventory. The former library building consists of a one-story wood frame building with a simple rectangular floor plan and a front-facing gable roof with wide overhanging eaves and exposed rafter tails.

The front, northwest façade of the former library building has a full-width porch; both the building and porch supports are clad with painted wood shingles. Non-original windows and doors at the front facade of the former library building are surrounded by molded wood trim, and modern concrete stairs extend up the steep sloping grade of the site to the front porch from Sutter Street.

The proposed building differs in scale, massing, materials, and design from those of the Cohn House and former library building. Unlike the Cohn House and library building, which have generous setbacks and greenspace, the proposed new building has a much larger footprint that fills nearly the entirety of the parcel and , like other commercial buildings on Sutter Street, it is minimally set back from the public right -of-way. The proposed three-story building exhibits wide, horizontal massing and a flat roof in contrast to the tall, narrow massing and gabled roofs of the Cohn House and the smaller, boxy massing of the library building. Subtle setbacks at the northwest end of the north façade and southeast end of the east façade provide some visual relief between the minimal setback and larger massing of the proposed building and the deeper setbacks and one - story massing of the library building and an adjacent house at 305 Scott Street. Although this massing is different than t he individual massing of the Coh n House and library building, it is consistent with the larger massing, continuous wall faces, and lack of front or side setbacks that are typical of the historic commercial and mixed -use buildings that characterize the majority of the Sutter Street Subarea to the southwest. The design of the proposed building, thus, reflects the historic character of its immediate setting along the primarily commercial Sutter Street corridor where the street begins to transition to smaller historic residential development at the north end of the Sutter Street Subarea and into the adjacent Figueroa Subarea. Therefore, the difference in massing between the proposed building, Cohn House, and library building does not detract from the integrity of the historic setting of the adjacent historic resources.

Even though the building is three stories tall, the design utilizes the sloping grade of the project site and incorporates stepbacks on the upper stories to reduce the overall massing of the building and provides a smooth transition from the small, one -story height of the library building at the south end to the three -story Cohn House at the top of the hill with its tall, visually dominant tower. The first two stories of the proposed new building roughly align with the ridge height of the adjacent library building; the setback of the third story from Sutter Street and Scott Street and its increased step back immediately adjacent to

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the library building minimize the appearance of the building’s third story and give the impression of a smaller two-story building from the street level. Due to the sloping grade of the site, the proposed building appears as a two-story building at its east façade, facing the Cohn House, and as a one-story building at its south façade, facing an adjacent, non- historic residence at 306 Scott Street. Thus, the building’s height is compatible with the height of the neighboring historic resources and their immediately surrounding setting.

The materials of the proposed building, while different from those of the Cohn House and library building, are compatible with the mix of materials that are displayed on historic commercial and residential buildings along this section of the Sutter Street Subarea. The Cohn House and library building are both wood framed buildings with wood cladding, wood window and door trim, wood porch supports, wood ornamentation, and shingled roofs. The proposed building, on the other hand, features brick veneer cladding on the first two floors; ho rizontal cement fiber siding on the set -back third story; a mix of steel and wood balcony and awning structural systems; and corrugated metal roofing. The use of wood balcony supports at the northwest corner of the building is compatible with the wood cladding and materials of the Cohn House and historic library building. Although it is not made of wood, the use of horizontal cement fiber siding on the recessed third story will be designed to visually appear like wood. Thus, this material will be compatible with the historic materials in the Subarea while being clearly differentiated from them. This horizontal cement fiber siding will also cover the entirety of the south façade that faces an adjacent residential property at 306 Scott Street and roughly three-quarters of the east façade facing the Cohn House, softening the transition between the proposed building and the primarily wood material of the adjacent historic resources. Although the brick veneer cladding on the first two stories of the new build ing is inconsistent with materials of the immediately adjacent historic resources, it reflects similar masonry facades of several historic commercial and mixed -use buildings (Fire and Rain Building, Folsom Electric Building, Sutter Court Building, and Scott’s Seafood Building) on blocks of the Sutter Street Subarea to the north and west of the project site. Thus, similar to the discussion on massing, the use of varied materials on the proposed new building is compatible with the mixed commercial and reside ntial character of the immediately surrounding block, and does not detract from the integrity of the neighboring individual historic resources’ setting.

Perched on a large, elevated parcel on a hill at the corner of Sutter and Scott streets, overlooking the rest of the Sutter Street Subarea to the southwest, the tall 1890s house at the Cohn property is a visual landmark that characterizes views at the northeast end of the Sutter Street Subarea as it transitions to the primarily residential Figueroa Subarea to the north and east. The library building, which is diminutive in size and generously set back from the street, generally recedes into the background and does not present a prominent visual focal point of the streetscape. Although the proposed project will obstruct some views of the Cohn House from the far south end of Sutter Street closer to Riley Street, other taller new developments at 604/602 and 607 Sutter Street have already affected views of the property as well as the historic library building. Both resources will remain visible from the middle of the block as one travels north along Sutter Street, and

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when looking from Scott Street to the north and south. The three-story height of the proposed building and its siting into the sloped grade of the lot, as well as the unimpacted garden at the northwest side of the Cohn House property, allow the Cohn House to maintain its visual dominance at the top of Sutter Street.

Summary of Design Compatibility with Historic Resources Although the proposed project is larger in scale than the Cohn House and the former library and differs in its use, massing, materials, and design, these differences reflect the mixed commercial and residential character and variety of historic and non -historic buildings of the immediately surrounding blocks of the Sutter Street Subarea. Based on the above, Page & Turnbull determined that the proposed building would not affect the ability of the two individual historic resources to convey their historic significance.

C. Encroachments

Excavation and construction-related activities associated with the proposed project may result in an encroachment into the public right-of-way along Sutter Street and Scott Street.

As set forth in the project application documents, the applicant proposes to comply with the City’s Standard Construction Specifications and City Design Standards. Staff recommends that the owner/applicant obtain an encroachment permit from the City for any work conducted in the public right-of-way. Condition No. 43 is included to reflect this requirement.

The proposed building includes a number of architectural features and improvements that will be located in the public right -of-way along Sutter Street and Scott Street.

Encroachments into the Sutter Street public right-of-way include the second level balcony, roof cornice elements, a concrete patio, landscaping, fencing, and construction of an ADA accessible handicapped parking space. Encroachments in the Scott Street right -of-way include a concrete walkway, a retaining wall, and landscaping. As noted above, Condition No. 43 has been included and it also requires the applicant to enter into an encroachment agreement with the City for maintenance of private structures and improvements located within the public right-of-way.

As mentioned above, the project includes a second level balcony along Sutter Street that will provide cover and shade for pedestrians on the ground level. The Historic District Design and Development Guidelines (DDG’s Section B.6 Walkway Coverings in the Sutter Street Subarea) state that the intent of walkway coverings in the Sutter Street Subarea is to create a pleasing pedestrian environment and Subarea co ntinuity. The DDG’s state that walkway coverings are traditional to the Sutter Street Subarea and a re intended to protect shoppers and window displays from sunlight and inclement weather.

The DDG’s also state that new construction on Sutter Street shall provide a walkway covering over the sidewalk. Lastly, the DDG’s state that with an encroachment permit, sidewalk canopies and awnings in the Sutter Street Subarea are allowed to project a maximum of 9 feet 6 inches beyond the property line with a minimum of eight feet of clearance to the sidewalk. As shown on the submitted development plans, the second story canopies and balconies associated with the proposed project extend beyond the

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property line approximately 5 feet 1 inch, which is consistent with the requirements of the DDG’s.

Folsom Municipal Code section 17.52.400 explains that while normally the standards in the FMC control when they conflict with the guidelines in the DDGs, exceptions to the FMC design standards may be permitted by the Historic District Commission when unique individual circumstances require the exception in order to comply with the purpose of this chapter. In this case, the general rule requiring architectural features not to be closer than 3 feet to a property line applies throughout the Historic District and does not take into account the specific features of Sutter Street. The DDG guideline allowing walkway coverings in the Sutter Street Subarea to project up to 9 feet 6 inches beyond the property line is specifically tailored to the project location and expresses the clear intent of the City Council on this issue. City staff determined that an exception to the design standards stated in FMC 17.52.420 would be appropriate in order to comply with the purpose of Chapter 17.52, as specifically expressed in DDGs Section B.6. The Historic District Commission will consider whether to permit the exception as a part of its review of the proposed project.

D. Traffic/Access/Circulation

Existing Roadway Network
The project site is located at the southwest corner of the intersection of Sutter Street and Scott Street (603 Sutter Street) within the Historic District. Since no on -site parking is proposed with the project, vehicles traveling to the project site will utilize existing on-street parking, public parking lots, and public parking garages within the Historic District.

Significant roadways in the project vicinity include Riley Street, Sutter Street, and Scott Street. In the vicinity of the project site, Riley Street is a two-lane, north-south arterial roadway that runs through the center of the Historic District and crosses Lake Natoma along the Rainbow Bridge. Sutter Street is a two-lane, east-west local roadway that provides access to the Folsom Historic District between Folsom Boulevard and east of Riley Street. Scott Street is a two-lane, north-south local roadway that provides access to the eastern edge of the Historic District between Greenback Lane/Riley Street to Persifer Street.

The traffic, access, and circulation analysis associated with the proposed project is based on the results of a Traffic Impact Study and a Trip Generation Memorandum that were prepared by Kimley Horn & Associates on July 30, 2019 and August 8, 2023 respectively.

The Traffic Study analyzed traffic operations at the following five study intersections in the vicinity of the project site:

• Riley Street/Greenback Lane at Folsom-Auburn Road
• Riley Street at Scott Street
• Riley Street at Leidesdorff Street

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• Riley Street at Sutter Street
• Sutter Street at Scott Street

Four different scenarios were evaluated in reviewing traffic operations at the five aforementioned study intersections including : Existing Conditions (2019), Existing Conditions (2019) Plus Project, Cumulative Conditions (2035), and Cumulative Conditions (2035) Plus Project. The Traffic Study determined that the proposed 603 Sutter Street Mixed-Use Building project is expected to generate a total of 15 vehicle-trips during the weekday AM peak hour and 26 vehicle trips during the weekday PM peak hour if the first floor of the project is occupied by strictly retail uses. The Traffic Study also determined that the project is expected to generate a total of 33 vehicle -trips during the weekday AM peak hour and 34 vehicle trips during the weekday PM peak hour if the first floor of the project is occupied by a sit-down restaurant. Overall, the proposed project is projected to generate a total of 214 daily vehicle trips (first floor retail) or 359 daily vehicle trips (first floor restaurant). Based on the relatively low volume of project-related vehicle trips, the Traffic Study concluded that the proposed project wou ld not have a significant impact on vehicle level of service (LOS) at any of the five study intersection under any of the four scenarios evaluated.

The Governors’ Office of Planning and Research (OPR) has published guidance recommending a CEQA threshold for transportation impacts of land use projects of a 15% Vehicle Miles Traveled (VMT) reduction per capita, relative to either city or regional averages, based on the California’s Climate Scoping Plan. Under State Law (SB 743), VMT became the only CEQA threshold of significance for transportation impacts on July 1, 2020. However, the California Environmental Quality Act (CEQA Section 15064.43(b)(1)) states that land use projects that are located within one -half mile of an existing major transit stop, such as the subject project, should be presumed to cause a less-than-significant transportation impact; thus, they are not subject to the recently established VMT requirements.

Construction of the proposed project would involve trenching within Sutter and Scott Streets to connect the project to existing underground utilities. In addition, construction operations are likely to involve activities associated with hauling excess ear th materials and construction materials to and from the project site. These construction operations have the potential to result in temporary lane closures on Sutter Street and Scott Street, resulting in delays and queuing of vehicle traffic in the project vicinity. The applicant has agreed to Condition No. 44, the City’s standard requirement to submit and follow a Traffic Control Plan, which ensures that adequate emergency access, pedestrian and cyclist safety, and coordination with service providers are maintained during construction:

• Prior to the initiation of construction, the applicant, any successor in interest, and/or its contractor shall obtain an encroachment permit from the City of Folsom for construction within Sutter and Scott Streets. The applicant, any successor in interest, and/or its contractor shall prepare a Traffic Control Plan (TCP) that meets the requirements of the City. The TCP shall include all required topics,

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including traffic management during each stage of construction, maintaining emergency service provider access by, if necessary, providing alternate routes, repositioning emergency equipment, or coordinating with nearby service providers for coverage during construction closures, cover ing trenches during the evenings and weekends, pedestrian safety/access, and bicycle safety/access. A component of the TCP will involve public dissemination of construction-related information through notices to adjacent neighb ors, press releases, and/or the use of changeable message signs. The project contractor will be required to notify all affected residences and businesses, post the construction impact schedule, and place articles and/or advertisements in appropriate local newspapers regarding construction impacts and schedules.

E. Parking

As noted in the project description, the proposed project does not include the provision of any parking spaces. Assembly Bill 2097 was signed into law by the Governor on September 22, 2022 and became effective on January 2, 2023. Government Code section 65863.2, a new statute enacted as a part of AB 2097, prohibits public agencies (City of Folsom in this case) from imposing minimum parking requirements on residential, commercial, or other development projects located within a half -mile of a major transit stop. As relevant here, state law defines a site containing an existing light rail station as a major transit stop.

As the proposed project is located within a half-mile of a major transit stop (approximately

0.3 miles from Historic Folsom Light Rail Station), staff has determined that Government Code section 65863.2 prohibits the City from imposing or enforcing the minimum parking requirements established by the Folsom Municipal Code on the proposed project. .

Under certain limited circumstances, the City may impose or enforce minimum parking requirements on projects within one -half mile of a major transit stop. For example, if certain procedural requirements are met, Government Code section 65863.2(b)(3) could allow the City to enforce minimum parking requirements on certain projects within one - half mile of a major transit stop if it finds that failing to do so would have a substantially negative impact on existing residential or commercial parking within one -half mile of the housing development project.

By its terms, this exception only applies to housing development projects. For purposes of this analysis, a housing development project is defined as a use consisting of any of the following: (a) residential units only; (b) mixed use developments consisti ng of residential and nonresidential uses with at least two -thirds of the square footage designated for residential use; or (c) transitional housing or supportive housing.

Subsection b, regarding mixed use developments, is relevant here. While the proposed project is a mixed-use development consisting of residential and nonresidential uses, only 3,630 square feet, or less than one -third of the square footage, is designated for

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residential use. As a result, the proposed project does not meet the definition of a housing development project as stated in Government Code sections 65863.2(e)(1) and 65589.5(h)(2).

Because the proposed project does not meet the definition of a housing development project, the exception to the new rules does not apply. Therefore, staff has determined that the proposed project is not required to provide any on-site or off-site parking spaces.

Nevertheless, Assembly Bill 2097 does not reduce, eliminate, or preclude the enforcement of any existing requirement to provide parking spaces that are accessible to persons with disabilities that would have otherwise applied to a project within one -half mile of a major transit stop in the absence of the provisions referenced above. In this case, FMC, Section 17.57.050(B)(1) requires that projects with a parking requirement of between 0 and 40 parking spaces must provide 1 handicapped parking space. Therefore, although zero parking spaces are required pursuant to Government Code section 65863.2, one parking space accessible to persons with disabilities must be provided.

To address this requirement, the applicant is proposing to replace one existing non - accessible on-street parking space in front of the project site along Sutter Street with an accessible parking space. This would provide the most direct access to the building entry on Sutter Street. In addition, two existing non -accessible on-street parking spaces will remain in front of the project site along Sutter Street once the project is complete. Staff recommends that the final design of the proposed ADA accessibl e parking space on Sutter Street be subject to review and approval of the Community Development Department and the Public Works Department. Condition No. 47 is included to reflect this requirement.

F. Noise Impacts

The noise environment in the vicinity of the project site consists primarily of traffic-related noise generated from vehicles on Sutter Street and Scott Street and, to a lesser extent, traffic-related noise from Riley Street. Lesser sources of noise in the project area include those arising from typical urban activities, including those associated with nearby commercial uses. There are no industrial noise sources located in the vicinity of the proposed project, and there are no airports located within two miles of project site.

Persons and activities potentially sensitive to noise in the project vicinity include residents of homes to the south and east of the project site.

Potential noise impacts associated with the proposed project can be categorized as those impacts resulting from construction activities and those impacts resulting from operational activities. Construction noise would have a short -term effect , while operational noise would continue throughout the lifetime of the project.

Construction of the proposed project would temporarily increase noise levels in the project vicinity during the construction period, which would take approximately 12 months.

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Construction activities, including site clearing, excavation, grading, building construction, and paving, would be considered an intermittent noise impact throughout the construction period of the project. The City’s Noise Ordinance excludes construction activities from meeting the General Plan Noise Element standards, provided that all phases of construction are limited to the hours between 7:00 a.m. and 6:00 p.m. on weekdays, and between 8:00 a.m. and 5:00 p.m. on Saturdays. To ensure compliance with th e City’s Noise Control Ordinance and General Plan Noise Element, staff recommends and the applicant agrees that the following standard measures be implemented (Condition No. 36):

• Construction Hours/Scheduling: The following are required to limit construction activities to the portion of the day when occupancy of the adjacent sensitive receptors are at their lowest:

o Construction activities for all phases of construction, including servicing of construction equipment shall only be permitted during the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and between 8:00 a.m. to 5:00 p.m. on Saturdays. Construction shall be prohibited on Sundays and on all holidays.

o Delivery of materials or equipment to the site and truck traffic coming to and from the site is restricted to the same construction hours specified above.

• Construction Equipment Mufflers and Maintenance: All construction equipment powered by internal combustion engines shall be properly muffled and maintained.

• Idling Prohibitions: All equipment and vehicles shall be turned off when not in use. Unnecessary idling of internal combustion engines is prohibited.

• Equipment Location and Shielding: All stationary noise -generating construction equipment, such as air compressors, shall be located as far as practical from adjacent homes. Acoustically shield such equipment when it must be located near adjacent residences.

• Quiet Equipment Selection: Select quiet equipment, particularly air compressors, whenever possible. Motorized equipment shall be outfitted with proper mufflers in good working order.

• Staging and Equipment Storage: The equipment storage location shall be sited as far as possible from nearby sensitive receptors.

• At least 5 days prior to the initiation of grubbing or other ground disturbing construction operations, the project applicant, an d successor in interest, or the general contractor in charge will provide a notice of the initiation of construction

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to all parcels located within 250 feet of the project site. Such notice shall contain an outline of construction activities, their duration, and contact information for a person designated to respond to public questions and complaints regarding construction activities.

As an undeveloped project site located within an existing commercial and residential area, there are no existing sources of vibration or ground borne noise on the project site or in the project vicinity. Due to the shallow depth to bedrock across much of the site, the leveling of the building pad would require ripping by heavy equipment. To minimize the noise associated with removal of bedrock, staff recommends that the following measure be implemented (Condition No. 37):

Condition No. 37
Prior to the removal of any bedrock, the owner/applicant, any successor in interest, or the project contractor shall prepare a bedrock removal plan for review and approval by the Community Development Department . No removal activity shall occur prior to City approval. The bedrock removal plan shall be prepared by a licensed geologist, engineer, or equivalent accredited professional, and will include at least the following components:

• The location, volume, and type of bedrock to be removed; • Removal procedures to be used including both primary and optional procedures if necessary;
• The expected duration of removal activities;
• Type of equipment to be used;
• Any types of chemical or other materials to be used, including any storage and safety requirements;
• Requirements for personal safety and the protection of private and public property; and
• A program to notify all parcels within 250 feet of the project site.

As mentioned previously, the noise environment in the vicinity of the project site consists primarily of Sutter Street and Scott Street traffic noise and, to a lesser extent, Riley Street traffic noise. Traffic noise from vehicles on Riley Street were measured at 64 dB Ldn at a point 100-feet from the centerline of the street; traffic noise had degraded to less than 60 dB Ldn at 199 feet from the street centerline. The project site is located approximately 400 feet from Riley Street. By the year 2035, these noise levels would increase to 65 dB Ldn at 100 feet from the centerline and the 60 dB Ldn contour would be located 218 feet away from the centerline. As noted above, doubling sound energy results in a 3 -dB increase in sound; therefore, doubling sound energy (e.g., doubling the volume of traffic on a highway) would result in a barely perceptible change in sound level. The traffic study prepared for this project indicates that increases in traffic as a result of the project would be minor, and substantially less than a doubling of traffic volumes at any location.

Therefore, staff has determined that the operation of the proposed project would not create a noticeable increase traffic noise in the project vicinity.

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The project may also result in the creation of intermittent operation noises which would be generated by customers, employees, and residents of the mixed-use building utilizing the ground level patios area, the second floor deck, and the third floor deck. Each of the aforementioned outdoor use areas will be screened from the nearby single -family residences to the south by the proposed three -story building, thus reducing potential noise-related impacts. Activities that could occur in the outdoor use areas, their duration, or their frequency are currently unknown, but would be subject to the noise standards of the Noise Ordinance as set forth in Chapter 8.42 of the Folsom Municipal Code, including the performance standards/limitations contained in Table 8.42.040 of the Ordinance.

G. Retaining/Stem Walls

As shown on the preliminary grading and drainage plan (Attachment 6), grading of the project site to establish the foundations, subgrade , and building pad would require cuts on the project site ranging from up to 20 feet in depth at the rear of the building to three feet in depth at the building’s northwest corner adjacent to Sutter Street.

To permanently maintain the stability of the cut slopes, retaining walls would be constructed at the rear of the site (13 to 18 feet tall) and along the western site boundary one to 11 feet tall). Retaining walls would act to prevent collapse or settlement of existing structures both south and west of the site in addition to protecting the proposed building from the potential failure of surrounding slopes. Retaining walls would be incorporated into the first floor of the building at both locations; in the rear of the building, and a portion of the second floor would also be used to retain the slope. Excavation and construction activities associated with incorporated retaining walls on the west side and the rear of the building could encroach into the planned building setbacks. However, these areas would be backfilled and leveled at the completion of construction.

Freestanding retaining walls (5 to 15 feet tall) would be constructed near the northeast corner of the project site adjacent to the intersection of Sutter and Scott Streets, and along the Scott Street frontage of the proposed project. Freestanding retaining walls (2-5 feet tall) would also be located along a small portion of the Sutter Street frontage. These retaining walls would be separated from the building to provide an outdoor seating area and a walkway. Staff recommends that the final location, design, height, materials, and colors of the retaining and stem walls be subject to review and approval by the Community Development Department. Condition No. 30 is included to reflect this requirement.

H. Building Lighting

Proposed lighting for the building includes four different types of wall -mounted lighting including three different kinds of gooseneck-style light fixtures and recessed LED light fixtures. The gooseneck -style light fixtures, which feature copper, steel, and aluminum finish, have been designed to complement architecture and design of the building. The building-attached light fixtures are located at strategic locations on the north, south, and west building elevations to highlight the architectural features of the building. Specific

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details regarding the design, materials, and colors of the gooseneck light fixtures are shown in Attachment 15. As gooseneck-style lighting is commonly found along Sutter Street and is considered historic in nature , staff has determined that the proposed wall - mounted lighting is consistent with the Historic District Design and Development Guidelines. Staff does recommend that the f inal exterior building and site lighting plans be submitted for review and approval by Community Development Department for location, height, aesthetics, level of illumination, glare and light trespass prior to the issuance of any building permits. Condition No. 2 4 is included to reflect these requirements.

I. Trash/Recycling

As shown on the submitted building elevations and floor plans (Attachment 10), the proposed project includes construction of a trash/recycling enclosure within the first floor of the building. The trash/recycling enclosure, which is located on the western side of the building, will be accessed by a metal roll-up door (not directly visible from Sutter Street).

Staff recommends that the owner/applicant coordinate with the City’s Solid Waste Division regarding days, times, and location for collection of the trash , organics, and recycling containers from the project si te. Condition No. 29 is included to reflect th ese requirements.

J. Signage

The Historic District Design and Development Guidelines encourages graphic design and signage that attracts business and contributes to the quality of the historic commercial environment. Sign types recommended by the Design Guidelines include wall signs, awning signs, window signs, under canopy si gns, and blade signs. Appropriate sign materials include wood, metal, or other historically appropriate combination of materials.

Signs are permitted to be externally illuminated; however, internally illuminated plastic letters and cabinet signs are not allowed.

The Folsom Municipal Code (FMC, Section 17.52.510 E) indicates that each business whose entry door is located in the building frontage is permitted one wall sign that does not exceed 75 percent of the length of the building or tenant frontage. Businesses with frontage on more than one street may also place a wall sign on each building frontage.

The Design Guidelines state that each building with a lineal buildin g frontage of greater than 60 feet are allowed a maximum of 50 square feet of wall sign area to be distributed among all wall signs. In addition to the wall sign, each business is allowed one under canopy sign or similar sign with a maximum sign area of 3 square feet and a minimum of eight feet of clearance from the ground. However, the Historic District Commission may approve an increase in size for an under canopy sign in exchange for a reduction in the size of a wall sign.

The applicant has submitted a Uniform Sign Program (Attachment 16) to provide project identification for the proposed building and its tenants. The Sign Program includes two

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wall signs located on the Sutter Street and Scott Street building façades respectively, four under-canopy signs on the Sutter Street frontage, and a wall -mounted directory sign located adjacent to the building entrance on S cott Street. The two wall -mounted signs feature individual, black-colored letters that are proposed to be constructed of steel. The four hanging under -canopy signs are proposed to be aluminum cabinets with black painted-on lettering. The building directory sign is proposed to be constr ucted of aluminum with a bronze and black background. The following table provides the specific details regarding the proposed signs:

TABLE 2: 603 SUTTER STREET BUILDING UNIFORM SIGN PROGRAM

Uniform Sign Program for 603 Sutter Street Mixed-Use Building Qty Sign Type Building
Frontage
Sign
Area
Sign Placement Illumination
2 Wall-Mounted
Sign
94 feet 7 SF

Mounted on building
facades
Indirect
Lighting
4 Under-Canopy
Hanging Sign
94 feet 6.5 SF Suspended under balcony None
1 Wall-Mounted
Directory Sign
94 feet 4 SF Mounted on Exterior Wall None
Total Sign Area: 44 Square Feet

In reviewing the submitted Uniform Sign Program, staff is supportive of the two proposed walls signs located on the Sutter Street building façade because they will provide proper identification for the overall building, will meet the maximum sign area requirement of 50 square feet, and feature a design and materials that are consistent with the Design Guidelines. Staff is also supportive of the four under canopy signs due to their location, size, and design. With respect to the size of the under canopy signs, staff supports these signs being 6.5 square feet in size versus 3 square feet in size as required by the Municipal Code as these signs will be the primary means of identification for ground-level retail tenants and the project is not utilizing their allotted square footage (50 square feet) of wall sign area. As stated previously, the Folsom Municipal Code (FMC Section

17.52.510(E)(2)) provides the Historic District Commission with the authority to allow any unused wall sign area (36 square feet of unused wall sign area in this case ) to be transferred to the sign area for under canopy signs. Lastly, staff is supportive of the directory sign located at the building entrance on Scott Street. Staff recommends that the following conditions be applied to the Uniform Sign Program to ensure proper implementation of staff direction (Condition No. 31):

• The 603 Sutter Street Mixed-Use Project is approved for two wall-mounted signs, four under canopy signs, and one wall-mounted directory sign as illustrated and described in the submitted Uniform Sign Program (Attachment 16)

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• The applicant/owner shall obtain the necessary sign and building permits before installing any signs.

K. Existing and Proposed Landscaping

Existing vegetation on the 0.17-acre project site includes a mixture of bamboo, non-native grasses, and 20 trees comprised of 11 native oaks trees and 9 ornamental trees. Due to the significant amount of grading required for development of the project sit e, all of the existing vegetation on the project site will be removed. Additional information regarding the tree removals can be found in the Biological Resources section of this report.

However, there is an existing landscape planter along the Sutter St reet frontage that contains a street tree and shrubs which will be preserved.

Proposed landscape improvements, which will be located along the Scott Street frontage, include three street trees (Japanese Maple), shrubs, and groundcover. Proposed shrubs and groundcover include Blue Oat Grass, Cast Iron Plant, Creeping Snowberry, English Lavender, Fortnight Lily, New Zealand Flax, Rosemary, and Sageleaf Rockrose. Staff recommends that the final landscape plans be reviewed and approved by the Community Development Department. Condition No. 32 is included to reflect this requirement.

L. Biological Resources

As mentioned previously, the vegetation community present on the project site is a mix of ruderal (weedy) grassland, mainly consisting of nonnative annual grasses, and woodland that is a mixture of native and horticultural trees. The nearest undeveloped biological habitat is located within the American River Parkway, approximately 425 feet west/northwest of the project site, separated from the project by buildings, parking lots, and roadways. The nearest point on the American River (Lake Natoma) is approximately 1,000 feet northwest of the site, also separated by intervening urban development.

Wildlife use of the site is limited to species that are adapted to urban environments.

The native oak and ornamental trees on the project site may provide nesting habitat for bird species found in the vicinity of the project. Tree -cutting and excavation activities associated with the proposed project could potentially impact federally protected nesting birds. If construction activities are conducted during the nesting season (from March to September), nesting birds could be directly impacted by tree removal, and indirectly impacted by noise, vibration, and other construction-related disturbance. As set forth in the project application materials, the applicant proposes to comply with the Migratory Bird Treaty Act and California Fish and Game Code provisions protecting special status and migratory birds by including the following standard requirement 1 in the project design (Condition No. 40):

1 “An agency may rely on generally applicable regulations to conclude an environmental impact will not be significant and therefore does not require mitigation.” (San Francisco Beautiful v. City and County of San Francisco (2014) 226 Cal.App.4th 1012, 1033, citing Tracy First v. City of Tracy (2009) 177 Cal.App.4th

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• Avoid construction or tree removal during the nesting season (from March through September). If construction activities will occur during the nesting season and trees on the site have not been removed, no more than 30 days prior to the initiation of construction, preconstruction surveys for the presence of special-status bird species or any nesting bird species shall be conducted by a qualified biologist within a 500 -foot radius of the proposed construction area. If active nests are identified in these areas, construction should be delayed until the young have fledged, or the CDFW should be consulted to develop measures to avoid the take of active nests prior to the initiation of any construction activities. Avoidance measures may include establishment of a buffer zone using construction fencing, or the postponement of vegetation removal until after the nesting season, or until after a qualified biologist has determined the young have fledged and are independent of the nest site.

Arborist reports (Attachment 19) prepared for the project by Arborwell on March 21, 2017, ECORP Environmental Consultants on March 12, 2019, and California Tree and Landscape Consulting, Inc. on July 14, 2022 identified 11 protected oak trees that would be impacted by development of the proposed project. Protected trees that would be removed under the current tree removal plan include 11 oak trees that meet the definition of protected native oak tree . The City of Folsom Tree Preservation Ordinance (FMC, Chapter 12.16) applies and operates to protect oak trees throughout the City. To account for the removal of protected oak trees from the project site, staff recommends that the following measures be implemented (Condition No. 34 and No. 35):

Condition No. 34
• The project is subject to the Tree Preservation Ordinance and any mitigation required as a result of impacts to oak trees. The owner/applicant shall retain a certified arborist for the project. The project arborist will oversee tree removal and the preserv ation of the trees on site during and after construction. The owner/applicant shall provide funding for this arborist.

Condition No. 35
• Prior to the initiation of ground disturbance, the owner/applicant or any successor in interest shall comply with City’s Tree Preservation Ordinance by obtaining a Tree Removal Permit and implementing a City -approved Tree Protection and Mitigation Plan.

M. Cultural Resources

As part of the proposed project, a records search was conducted of the North Central Information Center (NCIC). The NCIC records search indicated that there is one historic district and nine historic period resources that lie within a 200 -foot radius of the project

912, 932–934; Association for Protection Etc. Values v. City of Ukiah (1991) 2 Cal.App.4th 720, 734–736 [categorical exemption].)

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site. According to all available information, the proposed project site is in a highly sensitive area related to the possible discovery of subsurface historic resources. While the project site is considered to be low sensitivity for archaeological resources, project construction could result in the destruction or degradation of unknown cultural, historic, or archaeological resources. Project construction could also result in the destruction or degradation of human remains. As set forth in the project ap plication documents, the applicant proposes to account for potential impacts to unknown prehistoric resources, historic resources, and human remains by including the following standard requirements in the project design (Condition No. 38 and No. 39):

Condition No. 38
• If any archaeological, cultural, or historical resources or artifacts, or other features are discovered during the course of construction anywhere on the project site, work shall be suspended in that location until a qualified professional archaeologist assesses the significance of the discovery and pr ovides recommendations to the City. The City shall determine and require implementation of the appropriate measures as recommended by the consulting archaeologist. The City may also consult with individuals that meet the Secretary of the Interior’s Profes sional Qualifications Standards before implementation of any recommendation. If agreement cannot be reached between the project applicant and the City, the Historic District Commission shall determine the appropriate implementation method.

Condition No. 39
• Pursuant to § Section 5097.98 of the State Public Resources Code, and Section 7050.5 of the State Health and Safety Code, in the event of discovery of human skeletal remains, however fragmentary or disturbed from their original context, the Sacramento County Coroner and the Nat ive American Heritage Commission are to be notified of the discovery immediately. All work in the vicinity of the find is to cease, and there shall be no further excavation or disturbance of the find site or any nearby area reasonably suspected to overlie adjacent remains until the coroner has determined whether the remains are those of a Native American.

If the remains are determined to be those of a Native American, the coroner must contact that California Native American Heritage Commission. CEQA Guidelines (Public Resources Code Section 5097) specify the procedure to be followed in the event of discover y of human remains on non -Federal land. The disposition of Native American burials is within the jurisdiction of the Native American Heritage Commission. Upon request, the NAHC will provide project leaders with a list of Most Likely Descendants, who will specify treatment and disposition of any Native American remains found within the Area of Potential Effects of a project. Human remains and associated grave goods are protected under Section 5097.94 of the California Public Resources Code and Section 7050.5 of the California Health and Safety Code.

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Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 40

PUBLIC COMMENTS
Prior to February 23, 2023, the City received numerous letters from the public regarding the originally proposed project and subsequent iterations of the project, those letters are included as Attachment 2 1 to this staff report. The City has also received numerous letters from the public regarding the current proposed project, those letters are included as Attachment 20 to this staff report. City staff has prepared a response to the comments from the public regarding the current proposed project, that response is included as Attachment 22 to this staff report.

PUBLIC NOTICING AND OUTREACH
In accordance with the requirements of the Folsom Municipal Code (FMC, Section

17.52.320 Posting of Site), two public notices were posted on the project site at least five days prior to the Historic District Commission meeting (public notice and amended public notice were posted on August 16, 2023 August 24, 2024 respectively ). Although not required by the Folsom Municipal Code, a copy of the public notice and amended public notice were published in the Folsom Telegraph on August 24, 2023 and August 31, 2023 respectively. A copy of the public notice and amended public notice were also provided via email to interested community organizations including the Heritage Preservation League (HPL), the Historic Folsom Residents Association (HFRA), the Chamber of Commerce, and the Folsom Historic District Association (FHDA) on August 16, 2023 and August 24, 2023 respectively. In addition, a copy of the public notice and amended public notice were sent via email to a list of residents who had previously expressed int erest in the proposed project on A ugust 16 , 2023 and August 24, 2023 respectively . The amended public notice simply clarified who is eligible to file an appeal regarding the proposed project to the City Council and the process for filing an appeal.

On June 27, 2023, City staff sent an email communication to the Heritage Preservation League (HPL), the Historic Folsom Residents Association (HFRA), the Chamber of Commerce, and the Folsom Historic District Association (FHDA) providing them with an update on the status of the proposed project, providing them with a link to the City’s website to view the project details, and encouraging them to provide feedback regarding the proposed project to the City at their earliest convenience.

ENVIRONMENTAL REVIEW
In reviewing the submitted Design Review Application, City staff determined that the proposed project was potentially eligible for a categorical exemption from environmental review under Section 15332 (In -Fill Development Projects) of the California Environmental Quality Act Guidelines. To be considered eligible for this particular exemption, the proposed project must meet the following criteria:

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September 6, 2023

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a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

c) The project site has no value as habitat for endangered, rare, or threatened species.

d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
e) The site can be adequately served by all required utilities and public services.

A Categorical Exemption Supplemental Analysis (Attachment 18) was prepared by Planning Partners, Inc. in August of 2023 to evaluate whether the proposed project is eligible for a categorical exemption under Section 15332 (In -Fill Development Projects).

The Analysis determined that the proposed project meets all of the criteria referenced above to be eligible for a categorical exemption under Section 15332 (In-Fill Development Projects) of the California Environmental Quality Act Guidelines. City staff rev iewed the Categorical Exemption Analysis provided by Planning Partners, Inc. and made the determination that the proposed project satisfies the statutory criteria referenced above and therefore it is exempt from environmental review pursuant to the Infill Exemption.

The CEQA Guidelines include a number of potential exceptions to the applicability of categorical exemptions. Below is a list of the exceptions that were considered potentially relevant to the use of a categorical exemption for the proposed project:

15300.2(b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

15300.2(c) Significant Effects Due to Unusual Circumstances. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

15300.2(f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

The Categorical Exemption Supplemental Analysis prepared by Planning Partners, Inc. determined that none of the exceptions to use of the categorical exemption are applicable to the proposed project.

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September 6, 2023

City of Folsom Page 42

City staff agreed with the Planning Partners’ analysis and determined that none of the potential exceptions to the use of a categorical exemption are applicable in this case.

The California Supreme Court has explained that “listing a class of projects as exempt, the Secretary has determined that the environmental changes typically associated with projects in that class are not significant effects within the meaning of CEQA, even though an argument might be made that they are potentially significant.” ( Berkeley Hillside Preservation v. City of Berkeley (2015) 60 Cal.4th 1086, 1104-1105.)

With respect to the potential applicability of the exception for cumulative impacts, staff considered the cumulative impacts of projects of the “same type” in the “same place” over time. In this case, the City considered projects of the “same type” to be other mixed use buildings of similar size. The City considered projects in the “same place” to be projects on Sutter Street, particularly those on or near the 600 block.

City staff has determined that the cumulative impacts exception does not apply here to disqualify the project from being determined exempt because the cumulative impact of successive projects of the same type in the same place as the proposed project is no t significant in this case, in that the project will not result in any significant impacts with respect to building design, site design, lighting, noise, or other environmental impacts potentially caused by the proposed project. With respect to potential impacts caused by the proposed use, the various special studies included with this report as Attachments demonstrate that the proposed project will not result in any significant impacts to the environment. Separate mitigated negative declarations were prepared for the two mixed use buildings constructed most recently on the 600 block of Sutter Street, namely the Fire and Rain Building at 607 Sutter Street, and the Folsom Electric Building (the Steakhouse Building) at 602/604 Sutter Street. Based on those environmental documents, the City determined that the projects, individually, would not have significant impacts on the environment. Given the absence of potentially significant environmental impacts from the proposed project and similar projects in the vicinity, the City has determined that the cumulative impacts exception does not apply.

The exception for significant effects due to unusual circumstances is commonly referred to as the “unusual circumstances exception.” This potential exception applies only when (1) unusual circumstances exist and (2) there is a reasonable possibility that the project will have a significant effect on the environment due to those unusual circumstances.

The preliminary determination of whether unusual circumstances exist to distinguish this project from others in the exempt class is a factual question. The answer must be supported by substantial evidence. In answering this question, lead agencies consider whether the proposed project’s circumstances differ significantly from the circumstances typical of the type of projects covered by the exemption. In determining whether the

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City of Folsom Page 43

environmental effects of a proposed project are unusual or typical, local agencies consider conditions in the vicinity of the proposed project. In this case, City staff analyzed whether the environmental effects of the proposed project are unusual or typi cal by considering conditions on Sutter Street and also considering other similarly sized infill projects in Folsom meeting the exemption criteria.

As stated in the Planning Partners analysis, the project site possesses no unusual features or environmental characteristics that distinguish it from other properties of the same size in the Sutter Street subarea. In addition, the proposed project itself does not present unusual circumstances that differentiate it from the general class of similarly situated projects including, for example, the existing developments at 607 Sutter Street (the Fire and Rain Building) and 602/604 Sutter Street (the Folsom Ele ctric Building) which are both mixed use projects with similar dimensions to those of the proposed project. Similarly, the proposed project does not include uses that would be unusual in the Sutter Street subarea. All proposed uses (retail, restaurant, o ffice, and residential) are allowed by the General Plan and the Zoning Code.

Another consideration is whether there is a reasonable possibility of a significant effect on the environment due to the unusual circumstances. However, a potentially significant environmental effect (or an allegation of one) is not alone sufficient to trigger the unusual circumstances exception. As explained in the attached studies, the proposed project does not present a reasonable possibility of a significant effect on the environment.

However, even if some possibility of environmental effects does exist, they are not related to or caused by unusual circumstances because, as explained above, no unusual circumstances exist in this case.

After analyzing the unusual circumstances exception in association with this project, the City determined that no unusual circumstances exist to distinguish this project from others in the exempt class.

Finally, the potential applicability of the exception for historical resources was closely considered in this case due to the proximity to the project site of the Cohn House, a property listed on the National Register of Historic Places, and the historic library building, a property listed on the City of Folsom Cultural Resources Inventory. As discussed above, an assessment of historic resources was performed by Page & Turnbull in association with this project. That study determined that the project site itself, as an undeveloped lot, did not possess and would not be considered a historical resource. As a result, the analysis focused on potential impacts to the surrounding individual historic resources and on the Sutter Street subarea. The detailed analysis in the Page & Turnbull assessment and the Planning Partners report will not be repeated here, but a summary of limited portions of those reports are included below for added context.

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September 6, 2023

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For example, with respect to the proposed project’s potential impacts on the Cohn House, Planning Partners explained that while the proposed project will obstruct some views of the Cohn House from the far south end of Sutter Street closer to Riley Street, other tall developments have already affected views of the property as well as the historic library building. Both resources will remain visible from the middle of the block as one travels north along Sutter Street, and when looking from Scott Street to the north and south. The height of the new building combined with its siting into the sloped grade of the project site, as well as the unimpacted garden at the northwest side of the Cohn House property, will allow the Cohn House to maintain its visual dominance at the top of Sutter Street.

Regarding the proposed project’s compatibility with the Sutter Street subarea, Planning Partners and Page & Turnbull concluded that the proposed project’s flat roof and minimal setback from the sidewalk, ground-floor storefront, tall narrow upper-story windows, use of brick exterior cladding and incorporation of characteristic architectural features such as a covered awning, stepped parapet wall, and decorated brick cornice, result in a building that is compatible with the character-defining features of the Sutter Street subarea. While some aspects of the proposed project’s design are not strictly compatible with the characteristics of Sutter Street, these differences were found to generally represent modern interpretations of historic needs and constructio n technology that characterize the subarea while at the same time serving to distinguish the building from the historic fabric as recommended by the Secretary of the Interior’s Standards for Rehabilitation.

After substantial analysis, Planning Partners concluded that the proposed project would not affect the ability of the two individual historic resources (the Cohn House and the historic library building) to convey their historic significance and that the proposed project is compatible with the character-defining features of the Sutter Street subarea. Therefore, it was determined that the proposed project would not cause a substantial adverse change in the significance of a historical resource and the potent ial exception does not apply to the project.

For these reasons, as well as the additional information contained in the Planning Partners analysis and the related studies attached to this report, City staff determined that the proposed project is exempt from environmental review pursuant to the Class 32 Infill Exemption and that none of the potential exceptions to use of the categorical exemption apply in this case.

RECOMMENDATION
Staff recommends that the Historic District Commission approve the proposed project, based on the findings below and subject to the Conditions of Approval attached to this report:

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603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 45

PROPOSED HISTORIC DISTRICT COMMISSION ACTION
• Move to approve a Design Review Application (PN 17 -145) for development of a three-story, 12,177-square-foot mixed-use building on a 0.17-acre site located at the southwest corner of the intersection of Sutter Street and Scott Street (603 Sutter Street) as described and illustrated on Attachments 5-17.

• This approval is based on the findings (Findings A-O) and subject to the conditions of approval (Conditions 1-51) attached to this report.

GENERAL FINDINGS

A. NOTICE OF MEETING HAS BEEN GIVEN AT THE TIME AND IN THE MANNER REQUIRED BY STATE LAW AND CITY CODE.

B. THE PROJECT IS CONSISTENT WITH THE GENERAL PLAN AND THE

ZONING CODE OF THE CITY, EXCEPT WHERE THE ZONING CODE IS INCONSISTENT WITH STATE LAW REGARDING PARKING REQUIREMENTS.

IN THAT CASE, THE PROJECT IS CONSISTENT WITH STATE LAW.

CEQA FINDINGS

C. THE PROJECT IS CONSISTENT WITH THE APPLICABLE GENERAL PLAN

DESIGNATION AND ALL APPLICABLE GENERAL PLAN POLICIES AS

WELL AS WITH APPLICABLE ZONING DESIGNATION AND REGULATIONS,

EXCEPT WHERE THE ZONING CODE IS INCONSISTENT WITH STATE LAW

REGARDING PARKING REQUIREMENTS, IN WHICH CASE THE PROJECT IS CONSISTENT WITH STATE LAW.

D. THE PROPOSED DEVELOPMENT OCCURS WITHIN CITY LIMITS ON A

PROJECT SITE OF NO MORE THAN FIVE ACRES SUBSTANTIALLY
SURROUNDED BY URBAN USES.

E. THE PROJECT SITE HAS NO VALUE AS HABITAT FOR ENDANGERED, RARE, OR THREATENED SPECIES.

F. APPROVAL OF THE PROJECT WOULD NOT RESULT IN ANY SIGNIFICANT

EFFECTS RELATING TO TRAFFIC, NOISE, AIR QUALITY, OR WATER QUALITY.

G. THE SITE CAN BE ADEQUATELY SERVED BY ALL REQUIRED UTILITIES AND PUBLIC SERVICE.

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Historic District Commission
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September 6, 2023

City of Folsom Page 46

H. THE PROPOSED PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER SECTION 15332 OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES RELATED TO INFILL DEVELOPMENT.

I. THE CUMULATIVE IMPACT OF SUCCESSIVE PROJECTS OF THE SAME TYPE IN THE SAME PLACE OVER TIME IS NOT SIGNIFICANT IN THIS CASE.

J. NO UNUSUAL CIRCUMSTANCES EXIST TO DISTINGUISH THE PROPOSED PROJECT FROM OTHERS IN THE EXEMPT CLASS.

K. THE PROPOSED PROJECT WILL NOT CAUSE A SUBSTANTIAL ADVERSE CHANGE IN THE SIGNIFICANCE OF A HISTORICAL RESOURCE.

DESIGN REVIEW FINDINGS

L. THE PROPOSED PROJECT COMPLIES WITH THE GENERAL PLAN AND ZONING ORDINANCES OF THE CITY.

M. THE BUILDING MATERIALS, TEXTURES AND COLORS USED IN THE

PROPOSED PROJECT ARE COMPATIBLE WITH SURROUNDING

DEVELOPMENT AND ARE CONSISTENT WITH THE GENERAL DESIGN
THEME OF THE NEIGHBORHOOD.

N. THE PROPOSED PROJECT IS IN CONFORMANCE WITH THE HISTORIC

DISTRICT DESIGN AND DEVELOPMENT GUIDELINES ADOPTED BY CITY COUNCIL.

O. AN EXCEPTION TO THE DESIGN STANDARD IN FOLSOM MUNICIPAL CODE SECTION 17.52.420 PROHIBITING ARCHITECTURAL FEATURES FROM

BEING CLOSER THAN THREE FEET TO A PROPERTY LINE IS PERMITTED

FOR THIS PROJECT BECAUSE UNIQUE INDIVIDUAL CIRCUMSTANCES

REQUIRE THE EXCEPTION IN ORDER TO COMPLY WITH THE PURPOSES OF CHAPTER 17.52 OF THE FOLSOM MUNICIPAL CODE. REGARDING THIS PARTICULAR ISSUE, THE PURPOSES OF CHAPTER 17.52 AS STATED IN SECTION 17.52.010(B)(1), (3), AND (5) ARE SUPPORTED BY AND

DESCRIBED IN THE HISTORIC DISTRICT DESIGN AND DEVELOPMENT GUIDELINES, SECTION B.6, WALKWAY COVERINGS IN THE SUTTER STREET SUBAREA. AS THE PROPOSED PROJECT COMPLIES WITH THE APPLICABLE PROVISIONS OF SECTION B.6 OF THE DESIGN AND

DEVELOPMENT GUIDELINES, AN EXCEPTION TO THE INCONSISTENT DISTRICT-WIDE REQUIREMENTS IN SECTION 17.52.420 IS APPROPRIATE TO COMPLY WITH THE PURPOSES OF CHAPTER 17.52 OF THE FOLSOM MUNICIPAL CODE.

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September 6, 2023

City of Folsom Page 47

ATTACHMENT 2

BACKGROUND

BACKGROUND
On May 3, 2017, the applicant submitted an application for approval of a Building Height Variance, Parking Variances, and Design Review for development of a three -story, 23,486-square-foot mixed use building with underground parking at the southwest corner of the intersection of Sutter Street and Scott Street within the Historic District. The proposed project was evaluated by the Historic District Commission at its September 6, 2017 meeting as an informational item only. At this meeting, the Commission, representatives of the Heritage Preservation League, and members of the public provided comments and feedback regarding the proposed project.

On June 14, 2017, the Heritage Preservation League (HPL) provided City staff with a comment letter regarding the project, as it was proposed in 2017. In the letter, HPL recommended that the footprint of the proposed building be reduced so that the buildin g would not encroach into the Scott Street right -of-way. HPL also recommended that the proposed building be redesigned to be more reflective of buildings constructed prior to 1900. Lastly, HPL recommended that the height of the proposed building be reduc ed to minimize potential impacts to adjacent and nearby residential uses.

Between August 2, 2017 and September 6, 2017, the applicant hosted several meetings with residents to discuss the proposed project. During these meetings, residents expressed concern that the underground garage associated with the proposed project could pose some challenges in terms of pedestrian safety with the garage entrance being located on Sutter Street. However, residents were also concerned that the proposed project did not include sufficient parking to serve the mixed -use project. Residents also requested that the height of the building be reduced to minimize visual impacts to nearby properties. In addition, residents recommended that the building be redesigned to replace some the contemporary building elements with more historic building features.

Listed below are some of the most notable comments from the Historic District Commission, the Heritage Preservation League, and residents:

• Concern regarding building height (57-feet, 6-inches tall) • Concern regarding the size and scale of building
• Concern regarding architecture and design of building • Concern regarding limited parking provided by project (15 parking spaces) • Concern regarding pedestrian safety in the underground parking garage • Concern regarding building encroachment into Scott Street right-of-way

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September 6, 2023

City of Folsom Page 48

On March 14, 2019, the applicant submitted a revised development application to the City in response to the above-stated concerns. The most significant changes to the proposed project included : reducing the size of the building from 23,486 square feet to 14,811 square feet, reducing the height of the building from 57 feet, 6-inches to 50 feet, 6 inches, modifying the building footprint to eliminate encroachment into the Scott Street right -of- way, eliminating the underground parking garage, and updating the architecture and design of the building.

The project as proposed in 2019 was originally scheduled for consideration by the Historic District Commission on July 15, 2020. However, the project was continued to the August 5, 2020 Historic District Commission meeting at the request of the applicant in order to provide more time for residents to comment on the project and also to allow more time for the applicant to consider comments from the public. At the August 5, 2020 Historic District Commission meeting, City staff recommended that the proposed project be continued again to the August 19, 2020 Historic District Commission meeting at the request of property owners in the project vicinity and other stakeholders in order to provide additional time for public review of the project and staff report.

After the July 15, 2020 Historic District Commission meeting, the project applicant continued his public outreach efforts by meeting with a number of neighbors and local residents to better understand their concerns and comments regarding the proposed project. During these meetings, residents expressed concern regarding a number of issues associated with the project as it was then proposed, including but not limited to building height, building massing, building design, trash enclosure location, privacy, noise, and parking. As a result of the input provided by neighbors and residents, the applicant made a number of specific modifications to the project in order to address the community concerns including:

1. Providing a 15-space underground parking structure on the project site.

2. Relocate the trash recycling enclosure to the inside of the building.

3. Enclose the fire escape making it internal to the building.

4. Eliminate the rooftop deck.

5. Reduce the massing of the third story and provide greater building setback from Sutter Street, and a portion of Scott Street.

6. Eliminate the small rear balcony on the west building elevation.

7. Architectural modifications to address design concerns raised by the Folsom Heritage Preservation League
a. Added foundational rock to the building;
b. Added brick to the sides of the building where there is now stucco;

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c. Added eyebrow brick detail to windows; and
d. Added western elemental details to the roofline fascia.

The proposed project was continued off -calendar by the Historic District Commission at their August 19, 2020 meeting. On October 21, 2020, the Historic District Commission held an Informational Public Workshop regarding the 603 Sutter Street Mixed-Use project in order to receive feedback regarding two design alternatives that the applicant was considering. The design alternatives included a three -story mixed-use building with a small on-site parking garage and a three-story mixed-use building with no on-site parking.

Subsequent to the October 21, 2020 Historic District Commission meeting, the applicant worked on various iterations of the mixed-use project in an effort to find the optimal design solution for this location. On February 23, 2023 the applica nt submitted the current Design Review Application to the City for approval of a three -story, 12,177-square-foot mixed use building on the 0.17-acre site located at 603 Sutter Street.

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September 6, 2023

City of Folsom Page 50

Attachment 3

Conditions of Approval

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603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 51

CONDITIONS OF APPROVAL FOR 603 SUTTER STREET MIXED-USE BUILDING PROJECT (PN 17-145) 603 SUTTER STREET

DESIGN REVIEW
No. Mitigation
Measure
Condition When
Required
Responsible
Department

1. The applicant shall submit final site development plans to the Community Development Department that shall substantially conform to the exhibits referenced below:

1. Preliminary Site Plan, dated February 8, 2023

2. Preliminary Grading and Drainage Plan, dated August 23, 2023

3. Preliminary Utility Plan, dated August 23, 2023

4. Preliminary Landscape Plan, dated December 10, 2022

5. Retaining Wall Details, dated February 8, 2023

6. Building Elevations and Floor Plans, dated August 24, 2023 and February 8, 2023

7. Building Sections, dated August 24, 2023

8. Illustrative Building Renderings, dated February 8, 2023

9. Streetview Building Renderings, dated February 8, 2023

10. Historic Building References, dated February 8, 2023

11. Building Lighting Plan, dated August 24, 2023

12. Uniform Sign Criteria, dated August 9, 2022

This project approval is for the 603 Sutter Street Mixed-Use Building project, which includes development of a three-story, 12,177-square-foot mixed-use building and associated site improvements on a 0.17-acre site located at the southwest corner of Sutter Street and Scott Street (603 Sutter Street). Implementation of the project shall be consistent with the above-referenced items as modified by these conditions of approval.

B

CD (P)(E)

2. Building plans shall be submitted to the Community Development Department for review and approval to ensure conformance with this approval and with relevant codes, policies, standards and other requirements of the City of Folsom.

B

CD (P)(E)(B)

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CONDITIONS OF APPROVAL FOR 603 SUTTER STREET MIXED-USE BUILDING PROJECT (PN 17-145) 603 SUTTER STREET

DESIGN REVIEW
No. Mitigation
Measure
Condition When
Required
Responsible
Department

3. The project approval granted under this staff report (Design Review) shall remain in effect for one year from final date of approval (September 6, 2024). If a building permit is not issued within the identified time frame and/or the applicant has not demonstrated substantial progress towards the development of the project, this approval shall be considered null and void. The owner/applicant may file an application with the Community Development Department for an extension not less than 60 days prior to the expiration date of the approval, along with appropriate fees and necessary submittal materials pursuant to Section 17.52.350 of the Folsom Municipal Code. If after approval of this project, a lawsuit is filed which seeks to invalidate any approval, entitlement, building permit, or other construction permit required in connection with any of the activities or construction authorized by the project approvals, or to enjoin the development contemplated herein, or to challenge the issuance by any governmental agency of any environmental document or exemption determination, the one year period for submitting a complete building permit application referenced in FMC section

17.52.350(A) shall be tolled during the time that any litigation is pending, including any appeals.

B

CD (P)

4. The owner/applicant shall defend, indemnify, and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, employees, or legislative body concerning the project. The City will promptly notify the owner/applicant of any such claim, action or proceeding, and will cooperate fully in the defense. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur:

• The City bears its own attorney’s fees and costs; and • The City defends the claim, action or proceeding in good faith

The owner/applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the owner/applicant.

OG

CD (P)(E)(B)

PW, PR, FD,
PD, NS

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CONDITIONS OF APPROVAL FOR 603 SUTTER STREET MIXED-USE BUILDING PROJECT (PN 17-145) 603 SUTTER STREET

DESIGN REVIEW
No. Mitigation
Measure
Condition When
Required
Responsible
Department

5. Compliance with all local, state and federal regulations pertaining to building construction and demolition is required. G, I CD (P)(E)

DEVELOPMENT COSTS AND FEE REQUIREMENTS

6. The owner/applicant shall pay all applicable taxes, fees and charges at the rate and amount in effect at the time such taxes, fees and charges become due and payable.

B

CD (P)(E)

7. If applicable, the owner/applicant shall pay off any existing assessments against the property, or file necessary segregation request and pay applicable fees.

B CD (E)

8. The City, at its sole discretion, may utilize the services of outside legal counsel to assist in the implementation of this project, including, but not limited to, drafting, reviewing and/or revising agreements and/or other documentation for the project. If the City utilizes the services of such outside legal counsel, the applicant shall reimburse the City for all outside legal fees and costs incurred by the City for such services. The applicant may be required, at the sole discretion of the City Attorney, to submit a deposit to the City for these services prior to initiation of the services. The applicant shall be responsible for reimbursement to the City for the services regardless of whether a deposit is required.

B

CD (P)(E)

9. If the City utilizes the services of consultants to prepare special studies or provide specialized design review or inspection services for the project, the applicant shall reimburse the City for actual costs it incurs in utilizing these services, including administrative costs for City personnel. A deposit for these services shall be provided prior to initiating review of the improvement plans or beginning inspection, whichever is applicable.

B

CD (P)(E)

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City of Folsom Page 54

CONDITIONS OF APPROVAL FOR 603 SUTTER STREET MIXED-USE BUILDING PROJECT (PN 17-145) 603 SUTTER STREET

DESIGN REVIEW
No. Mitigation
Measure
Condition When
Required
Responsible
Department

10. This project shall be subject to all City-wide development impact fees, unless exempt by previous agreement. This project shall be subject to all City-wide development impact fees in effect at such time that a building permit is issued. These fees may include, but are not limited to, fees for fire protection, park facilities, park equipment, Quimby, Humbug-Willow Creek Parkway, Light Rail, TSM, capital facilities and traffic impacts. The 90-day protest period for all fees, dedications, reservations or other exactions imposed on this project has begun. The fees shall be calculated at the fee rate in effect at the time of building permit issuance.

B

CD (P)(E), PW, PK

11. The owner/applicant agrees to pay to the Folsom-Cordova Unified School District the maximum fee authorized by law for the construction and/or reconstruction of school facilities. The applicable fee shall be the fee established by the School District that is in effect at the time of the issuance of a building permit. Specifically, the owner/applicant agrees to pay any and all fees and charges and comply with any and all dedications or other requirements authorized under Section 17620 of the Education Code; Chapter 4.7 (commencing with Section 65970) of the Government Code; and Sections 65995, 65995.5 and 65995.7 of the Government Code.

B

CD (P)

SITE DEVELOPMENT REQUIREMENTS

12. Prior to the issuance of any grading and/or building permit, the owner/applicant shall have a geotechnical report prepared by an appropriately licensed engineer that includes an analysis of site suitability, proposed foundation design for all proposed structures, and roadway and pavement design.

G, B

CD (E)

13. Public and private improvements, including roadways, curbs, gutters, sidewalks, underground infrastructure, and all other improvements shall be provided in accordance with the current edition of the City of Folsom Standard Construction Specifications and the Design and Procedures Manual and Improvement Standards. All necessary rights- of-way and/or easements shall be dedicated to the City of Folsom for these improvements.

I, B

CD (P)(E)

Page 144 ends

10/10/2023 Item No.10.

Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 55

CONDITIONS OF APPROVAL FOR 603 SUTTER STREET MIXED-USE BUILDING PROJECT (PN 17-145) 603 SUTTER STREET

DESIGN REVIEW
No. Mitigation
Measure
Condition When
Required
Responsible
Department

14. The improvement plans for the required public and private improvements, including but not limited to frontage improvements on Sutter Street and Scott Street shall be reviewed and approved by the Community Development Department prior to issuance of the Building Permit.

B

CD (E)

15. The applicant/owner shall submit water, sewer and drainage studies to the satisfaction of the Community Development Department and provide sanitary sewer, water and storm drainage improvements with corresponding easements, as necessary, in accordance with these studies and the current edition of the City of Folsom Standard Construction Specifications and the Design and Procedures Manual and Improvement Standards.

I

CD (E)

16. The owner/applicant shall coordinate the planning, development and completion of this project with the various utility agencies (i.e., SMUD, PG&E, etc.).

I CD (P)(E)

17. The final location, design, and materials of the proposed sidewalk and walkways shall be subject to review and approval by the Community Development Department.

I CD (E)

18. Final lot and building configurations may be modified to allow for overland release of storm events greater than the capacity of the underground system.

B CD (E)

19. The owner/applicant shall be responsible for replacing any and all damaged or hazardous public sidewalk, curb and gutter along the site frontage and/or boundaries, including pre-existing conditions and construction damage, to the satisfaction of the Community Development Department.

O

CD (E)

20. For any improvements constructed on private property that are not under ownership or control of the owner/applicant, a right-of-entry, and if necessary, a permanent easement shall be obtained and provided to the City prior to issuance of a grading permit and/or approval of improvement plans.

G, I

CD (E)

21. Any reimbursement for public improvements constructed by the applicant shall be in accordance with a formal reimbursement agreement entered into between the City and the owner/applicant prior to approval of the improvement plans.

I

CD (E)

22. The owner/applicant shall dedicate a 12.5-foot-wide public utility easement for underground facilities and appurtenances adjacent to all public rights-of-way.

I CD (E)

Page 145 ends

10/10/2023 Item No.10.

Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 56

CONDITIONS OF APPROVAL FOR 603 SUTTER STREET MIXED-USE BUILDING PROJECT (PN 17-145) 603 SUTTER STREET

DESIGN REVIEW
No. Mitigation
Measure
Condition When
Required
Responsible
Department

23. Prior to the approval of the final facilities design and the initiation of construction activities, the applicant shall submit an erosion control plan to the City for review and approval. The plan shall identify protective measures to be taken during excavation, temporary stockpiling, any reuse or disposal, and revegetation. Specific techniques may be based upon geotechnical reports, the Erosion and Sediment Control Handbook of the State of California Department of Conservation, and shall comply with all updated City standards.

G, I

CD (E)

24. Final exterior building and site lighting plans shall be submitted for review and approval by Community Development Department for location, height, aesthetics, level of illumination, glare and trespass prior to the issuance of any building permits. All lighting, including but not limited to building-attached lights and landscape lights shall be designed to be screened, shielded, and directed downward onto the project site and away from adjacent properties and public rights-of-way. The final design of the building-attached lights shall be subject to review and approval by the Community Development Department. Lighting shall be equipped with a timer or photo condenser.

I, B

CD (P)

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Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 57

STORM WATER POLLUTION/CLEAN WATER ACT REQUIREMENTS

25. The owner/applicant shall be responsible for litter control and sweeping of all paved surfaces in accordance with City standards. All on-site storm drains shall be cleaned immediately before the commencement of the rainy season (October 15).

G, I, B

CD (E)

26. The storm drain or onsite improvement plans shall provide for “Best Management Practices” that meet the requirements of the water quality standards of the City’s National Pollutant Discharge Elimination System (NPDES) Permit issued by the State Regional Water Quality Control Board.

G, I, B, O

CD (E)

27. Erosion and sedimentation control measures shall be incorporated into construction plans. These measures shall conform to the City of Folsom requirements and the County of Sacramento Erosion and Sedimentation Control Standards and Specifications-current edition and as directed by the Community Development Department.

G, I

CD (E)

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Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 58

ARCHITECTURE/SITE DESIGN REQUIREMENTS

28. The project shall comply with the following architecture and design requirements:

1. This approval is for a three-story, 12,177-square foot mixed-building associated with the 603 Sutter Street Mixed-Use Building project. The applicant shall submit building plans that comply with this approval and the attached building elevations and color renderings dated February 8, 2023.

2. The design, materials, and colors of the proposed 603 Sutter Street Mixed-Use Building shall be consistent with the submitted building elevations, color renderings, materials samples, and color scheme to the satisfaction of the Community Development Department.

3. No dark-tinted or reflective glass shall be utilized on the Sutter Street or Scott Street building elevations. In addition, all windows shall be dual-paned windows to increase energy efficiency.

4. Roof-mounted mechanical equipment, including satellite dish antennas, shall not extend above the height of the parapet walls.

5. Utility equipment such as transformers, electric and gas meters, electrical panels, and junction boxes shall be screened by walls and or landscaping.

I, B

CD (P)

29. The owner/applicant shall coordinate with the Solid Waste Division regarding days, times, and location for collection of the trash, organics, and recycling containers from the project site.

I, B

CD (P)(E) SW

30. The final location, height, design, materials, and colors for the proposed stem walls, retaining walls, fencing, and gates shall be subject to review and approval by the Community Development Department.

I, B

CD (P)(E)

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10/10/2023 Item No.10.

Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 59

SIGN REQUIREMENTS

31. The 603 Sutter Street Mixed-Use Project is approved for two wall-mounted signs, four under canopy signs, and one wall-mounted directory sign as illustrated and described in the submitted Uniform Sign Program (Attachment 16). In addition, the applicant/owner shall obtain the necessary Sign and Building Permits before installing any signs.

B

CD (P)

LANDSCAPE/TREE PRESERVATION REQUIREMENTS

32. Final landscape plans and specifications shall be prepared by a registered landscape architect and approved by the City prior to the approval of the first building permit.

Said plans shall include all on-site landscape specifications and details including a tree planting exhibit demonstrating sufficient diversity and appropriate species selection to the satisfaction of the Community Development Department. The tree exhibit shall include all street trees, accent trees, and mitigation trees proposed within the development. Said plans shall comply with all State and local rules, regulations, Governor’s declarations, and restrictions pertaining to water conservation and outdoor landscaping.

The landscape plans shall comply and implement water efficient requirements as adopted by the State of California (Assembly Bill 1881) (State Model Water Efficient Landscape Ordinance) until such time the City of Folsom adopts its own Water Efficient Landscape Ordinance at which time the owner/applicant shall comply with any new ordinance. Shade and ornamental trees shall be maintained according to the most current American National Standards for Tree Care Operations (ANSI A-300) by qualified tree care professionals. Tree topping for height reduction, view protection, light clearance or any other purpose shall not be allowed. Specialty-style pruning, such as pollarding, shall be specified within the approved landscape plans and shall be implemented during a 5-year establishment and training period. The owner/applicant shall comply with city-wide landscape rules and regulations on water usage. The owner/applicant shall comply with any state or local rules and regulations relating to landscape water usage and landscaping requirements necessitated to mitigate for drought conditions on all landscaping in the project.

I

CD(P)(E)

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Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 60

33. The owner/applicant shall be responsible for on-site landscape maintenance throughout the life of the project to the satisfaction of the Community Development Department.

Vegetation or planting shall not be less than that depicted on the final landscape plan, unless tree removal is approved by the Community Development Department because the spacing between trees will be too close on center as they mature.

B, OG CD (P)(E)

34. The project is subject to the Tree Preservation Ordinance and any mitigation required as a result of impacts to oak trees or other protected trees. The owner/applicant shall retain a certified arborist for the project. The project arborist will oversee tree removal and the preservation of the trees on site during and after construction. The owner/applicant shall provide funding for this arborist.

G, I

CD (E)(P)

35. Prior to the initiation of ground disturbance, the owner/applicant or any successor in interest shall comply with City’s Tree Preservation Ordinance by obtaining a Tree Removal Permit and implementing a City-approved Tree Protection and Mitigation Plan.

G, I

CD (E)(P)

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Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 61

NOISE REQUIREMENTS

36. • Construction Hours/Scheduling: The following are required to limit construction activities to the portion of the day when occupancy of the adjacent sensitive receptors are at the lowest:

o Construction activities for all phases of construction, including servicing of construction equipment shall only be permitted during the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and between 8:00 a.m. to 5:00 p.m. on Saturdays. Construction shall be prohibited on Sundays and on all holidays.

o Delivery of materials or equipment to the site and truck traffic coming to and from the site is restricted to the same construction hours specified above.

• Construction Equipment Mufflers and Maintenance: All construction equipment powered by internal combustion engines shall be properly muffled and maintained.

• Idling Prohibitions: All equipment and vehicles shall be turned off when not in use.

Unnecessary idling of internal combustion engines is prohibited.

• Equipment Location and Shielding: All stationary noise-generating construction equipment, such as air compressors, shall be located as far as practical from adjacent homes. Acoustically shield such equipment when it must be located near adjacent residences.

• Quiet Equipment Selection: Select quiet equipment, particularly air compressors, whenever possible. Motorized equipment shall be outfitted with proper mufflers in good working order.

• Staging and Equipment Storage: The equipment storage location shall be sited as far as possible from nearby sensitive receptors.

I, B

CD (P)(E)

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Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 62

36. Cont.
• At least 5 days prior to the initiation of grubbing or other ground disturbing construction operations, the project applicant, any successor in interest, or the general contractor in charge will provide a notice of the initiation of construction to all parcels located within 250 feet of the project site. Such notice shall contain an outline of construction activities, their duration, and contact information for a person designated to respond to public questions and complaints regarding construction activities.

37. Prior to the removal of any bedrock, the owner/applicant, any successor in interest, or the project contractor shall prepare a bedrock removal plan for review and approval by the Community Development Department. No removal activity shall occur prior to City approval. The bedrock removal plan shall be prepared by a licensed geologist, engineer, or equivalent accredited professional, and will include at least the following components:

• The location, volume, and type of bedrock to be removed; • Removal procedures to be used including both primary and optional procedures if necessary;
• The expected duration of removal activities;
• Type of equipment to be used;
• Any types of chemical or other materials to be used, including any storage and safety requirements;
• Requirements for personal safety and the protection of private and public property; and
• A program to notify all parcels within 250 feet of the project site.

I, B

CD (P)(E)

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Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 63

CULTURAL RESOURCE REQUIREMENTS

38. If any archaeological, cultural, or historical resources or artifacts, or other features are discovered during the course of construction anywhere on the project site, work shall be suspended in that location until a qualified professional archaeologist assesses the significance of the discovery and provides recommendations to the City. The City shall determine and require implementation of the appropriate measures as recommended by the consulting archaeologist. The City may also consult with individuals that meet the Secretary of the Interior’s Professional Qualifications Standards before implementation of any recommendation. If agreement cannot be reached between the project applicant and the City, the Historic District Commission shall determine the appropriate implementation method.

G, I

CD (P)(E)

39. Pursuant to §Section 5097.98 of the State Public Resources Code, and Section 7050.5 of the State Health and Safety Code, in the event of discovery of human skeletal remains, however fragmentary or disturbed from their original context, the Sacramento County Coroner and the Native American Heritage Commission are to be notified of the discovery immediately. All work in the vicinity of the find is to cease, and there shall be no further excavation or disturbance of the find site or any nearby area reasonably suspected to overlie adjacent remains until the coroner has determined whether the remains are those of a Native American.

If the remains are determined to be those of a Native American, the coroner must contact that California Native American Heritage Commission. CEQA Guidelines (Public Resources Code Section 5097) specify the procedure to be followed in the event of discovery of human remains on non-Federal land. The disposition of Native American burials is within the jurisdiction of the Native American Heritage Commission. Upon request, the NAHC will provide project leaders with a list of Most Likely Descendants, who will specify treatment and disposition of any Native American remains found within the Area of Potential Effects of a project. Human remains and associated grave goods are protected under Section 5097.94 of the California Public Resources Code and Section 7050.5 of the California Health and Safety Code.

G, I

CD (P)(E)(B)

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Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 64

BIOLOGICAL RESOURCE REQUIREMENTS

40. Avoid construction or tree removal during the nesting season (from March through September). If construction activities will occur during the nesting season and trees on the site have not been removed, no more than 30 days prior to the initiation of construction, preconstruction surveys for the presence of special-status bird species or any nesting bird species shall be conducted by a qualified biologist within a 500-foot radius of the proposed construction area. If active nests are identified in these areas, construction should be delayed until the young have fledged, or the CDFW should be consulted to develop measures to avoid the take of active nests prior to the initiation of any construction activities. Avoidance measures may include establishment of a buffer zone using construction fencing, or the postponement of vegetation removal until after the nesting season, or until after a qualified biologist has determined the young have fledged and are independent of the nest site.

G, I

CD (E)(P)

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Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 65

AIR QUALITY REQUIREMENTS

41. In support of the use of SMAQMD’s none-zero thresholds of significance for operational PM emissions, and as required by existing SMAQMD regulations, the owner/applicant shall implement the following Best Management Practices (BMP’s) as identified by SMAQMD:

• Compliance with District rules that control operational PM and NOX emissions.

Reference rules regarding wood burning devices, boilers, water heaters, generators and other PM control rules that may apply to equipment to be located at the project.

Current rules can be found on the District’s website:
http://www.airquality.org/Businesses/Rules-Regulations

• Compliance with mandatory measures in the California Building Energy Efficiency Standards (Title 24, Part 6) that pertain to efficient use of energy at a residential or nonresidential land use. The current standards can be found on the California Energy Commission’s website: http://www.energy.ca.gov/title24/

• Compliance with mandatory measures in the California Green Building Code (Title 24, Part 11). The California Building Standards Commission provides helpful links on its website: https://www.dgs.ca.gov/BSC/Resources/Page-Content/Building- Standards-Commission-Resources-List- Folder/CALGreen

• Current mandatory measures related to operational PM include requirements for bicycle parking, parking for fuel efficient vehicles, electric vehicle charging, and fireplaces for nonresidential projects. Residential project measures include requirements for electric vehicle charging and fireplaces.

• Compliance with anti-idling regulations for diesel powered commercial motor vehicles (greater than 10,000 gross vehicular weight rating). This BMP focuses on non-residential land use projects (retail and industrial) that would attract these vehicles. The current requirements include limiting idling time to 5 minutes and installing technologies on the vehicles that support anti-idling. Information can be found on the California Air Resources Board’s website:
https://ww2.arb.ca.gov/our- work/programs/idle-reduction-technologies/idle- reductiontechnologies.

G, I, B

CD (P)(E)(B)

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10/10/2023 Item No.10.

Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 66

42. Control of fugitive dust is required by District Rule 403 and enforced by SMAQMD staff. The owner/applicant shall implement the following measures as identified by the SMAQMD:

• Water all exposed surfaces two times daily. Exposed surfaces include, but are not limited to soil piles, graded areas, unpaved parking areas, staging areas, and access roads.

• Cover or maintain at least two feet of free board space on haul trucks transporting soil, sand, or other loose material on the site. Any haul trucks that would be traveling along freeways or major roadways should be covered.

• Use wet power vacuum street sweepers to remove any visible trackout mud or dirt onto adjacent public roads at least once a day. Use of dry power sweeping is prohibited.

• Limit vehicle speeds on unpaved roads to 15 miles per hour (mph).

• All roadways, driveways, sidewalks, parking lots to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used.

• Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to 5 minutes [required by California Code of Regulations, Title 13, sections 2449(d)(3) and 2485]. Provide clear signage that posts this requirement for workers at the entrances to the site.

• Maintain all construction equipment in proper working condition according to manufacturer’s specifications. The equipment must be checked by a certified mechanic and determine to be running in proper condition before it is operated.

G, I, B

CD (P)(E)(B)

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Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 67

TRAFFIC, ACCESS, CIRCULATION, AND ENCROACHMENT REQUIREMENTS

43. The owner/applicant shall obtain an encroachment permit from the City for any work conducted in the public right-of-way. In addition, the owner/applicant shall enter into an encroachment agreement with the City that will require the owner/applicant to maintain the private improvements including but not limited to the handicapped parking space in front of the project site on Sutter Street within the public right-of-way in perpetuity.

I

CD (P)(E)

44. The owner/applicant, any successor in interest, and/or its contractor shall prepare a Traffic Control Plan TCP) that meets the requirements of the City. The TCP shall include all required topics, including traffic management during each stage of construction, maintaining emergency service provider access by, if necessary, providing alternate routes, repositioning emergency equipment, or coordinating with nearby service providers for coverage during construction closures, covering trenches during the evenings and weekends, pedestrian safety/access, and bicycle safety/access. A component of the TCP will involve public dissemination of construction-related information through notices to adjacent neighbors, press releases, and/or the use of changeable message signs. The project contractor will be required to notify all affected residences and businesses, post the construction impact schedule, and place articles and/or advertisements in appropriate local newspapers regarding construction impacts and schedules.

I

CD (P)(E)

45. The final design of the proposed on-street handicapped parking space on Sutter Street shall be subject to review of the Community Development Department and the Public Works Department.

I

CD (P)(E) PW

FIRE DEPARTMENT REQUIREMENTS

46. Prior to the issuance of any improvement plans or building permits, the Community Development and Fire Departments shall review and approve all detailed design plans for accessibility of emergency fire equipment, fire hydrant flow location, and other construction features.

I, B

FD

47. The building shall have illuminated addresses visible from the street or drive fronting the property. Size and location of address identification shall be reviewed and approved by the Fire Marshal.

B

FD

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10/10/2023 Item No.10.

Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 68

48. All fire protection devices shall be designed to be located on site: fire hydrants, fire department connections, post indicator valves, etc. Off-site devices cannot be used to serve the building. A water model analysis that proves the minimum fire flow will be required before any permits are issued. The fire sprinkler riser location shall be inside a Fire Control Room (5’ X 7’ minimum) with a full-sized 3’-0” door. This room can be a shared with other building utilities. The room shall only be accessible from the exterior.

I, B

FD

POLICE/SECURITY REQUIREMENT

49. The owner/applicant shall consult with the Police Department in order to incorporate all reasonable crime prevention measures. The following security/safety measures shall be required:
• A security guard shall be on-duty at all times at the site or another approved security measure shall be in place including but not limited to a six-foot security fence shall be constructed around the perimeter of construction areas. (This requirement shall be included on the approved construction drawings). • Security measures for the safety of all construction equipment and unit appliances shall be employed.
• Landscaping shall not cover exterior doors or windows, block line-of-sight at intersections or screen overhead lighting.

B

PD

OTHER AGENCY REQUIREMENTS

50. The owner/applicant shall obtain all required State and Federal permits and provide evidence that said permits have been obtained, or that the permit is not required, subject to staff review and approval of any grading or improvement plan.

I , G CD (P)(E)

51. The owner/applicant shall obtain permission (permit, letter, agreement, etc.) from all applicable public utility companies (SMUD, PG&E, WAPA, etc.) in a form acceptable to the Community Development Department for construction-related activities proposed within the existing public utility easements.

I

CD (P)

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Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

City of Folsom Page 69

CONDITIONS
See attached tables of conditions for which the following legend applies.

RESPONSIBLE DEPARTMENT

WHEN REQUIRED
CD
(P)
(E)
(B)
Community Development Department
Planning Division
Engineering Division
Building Division
I Prior to approval of Improvement Plans
M Prior to approval of Final Map
B Prior to issuance of first Building Permit
O Prior to approval of Occupancy Permit
G Prior to issuance of Grading Permit
PW Public Works Department DC During construction
PR Park and Recreation Department OG On-going requirement PD Police Department SW Solid Waste Division
FD Fire Department
EWR Environmental and Water Resources Department

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10/10/2023 Item No.10.

Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

Attachment 4

Vicinity Map

Page 160 ends

10/10/2023 Item No.10.

Vicinity Map
Site

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10/10/2023 Item No.10.

Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

Attachment 5

Preliminary Site Plan, dated February 8, 2023

Page 162 ends

10/10/2023 Item No.10.
603 SUTTER STREET
CEDRUS HOLDINGS LLP.
603 SUTTER ST. FOLSOM, CA DATE OF REVISION: 02/08/23
2237 Douglas Blvd., Ste. 160
Roseville, CA 95661
916.786.8178
1715 R Street, Ste. 200
Sacramento, CA 95811
wp-architects.com
A-101

OVERALL SITE PLAN
OVERALL SITE PLAN1
0 SCALE: 1” = 10’-0”
5’ 10’ 20’
SITE DATA:

ADDRESS: 603 SUTTER ST.

APN: 070-0111-010
SITE AREA: 7,408 SF +/-
F.A.R: 1.66
BUILDING DATA:

PROJECT AREA (GROSS BLDG):
1ST FLOOR:

RETAIL: 2,716 SF +/-
TRASH ROOM: 200 SF +/-
2ND FLOOR:

OFFICE: 5,246 SF +/-
LOBBY: 420 SF +/-
MISC.: 420 SF +/-
DECK AREA: 700 SF +/-
3RD FLOOR:
2 BEDROOM UNIT A: 2,130 SF +/-
2 BEDROOM UNIT B: 1,500 SF +/-
LOBBY: 165 SF +/-
DECK AREA: 1,430 SF +/-
CONDITIONED AREA: 12,177 SF+/-
UNCONDITIONED AREA: 620 SF+/-
DECK AREA: 2,130 SF +/-
SHEET NOTES A-101
1 PROPERTY LINE
2 EXTENT OF RIGHT OF WAY IMPROVEMENT AREA
3 RELOCATE (E) BACKFLOW DEVICE
4 EDGE OF CURB
5 GATED ACCESS TO TRASH ROOM
6 (E) SIDEWALK AND ON STREET PARKING TO REMAIN
7 EXTENT OF DECK ENCROACHMENT IN TO R.O.W.
8 EXTENT OF CANOPY ENCROACHMENT IN TO R.O.W.
9 BIKE PARKING
1 TYP.
9 2 TYP.
5 6
7 8
4 3

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Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

Attachment 6

Preliminary Grading and Drainage Plan
Dated August 23, 2023

Page 164 ends

10/10/2023 Item No.10.

SUTTER STREET

SCOTT STREET
APN: 070-0111-010
APN: 070-0111-009GOOTEE CYNTHIA & JAMESMICHAEL & PATRICIA APN: 070-0111-011FUENTES, BENJAMIN& MARSH MARIE E

DRIVEWAY
D

FIRE RISERROOMELECTRICALROOM

RAISE (E) SDMANHOLE TO GRADE
(E) STREET LIGHTTO REMAINRELOCATE (E)SIGN

REMOVE (E)SIGN

REMOVE (E)SIGNREMOVE (E)SIGNPROTECT (E)SDMH & DI(TO REMAIN)

REMOVE (E)CONCRETEPAD FOR (E)DDCV - SEEUTILITY PLAN

PROTECT (E)STREET LIGHT(TO REMAIN)COORDINATERELOCATIONOF ELECTRICVAULTS(P) SAWCUT (P) SAWCUT
(P) SAWCUT
(P) SAWCUT
(P) DI
(P) DI(P)SDMH
(P) DI LEVEL 2 PATIO
(P) DI
(P) 9'x20' STANDARDPARALLEL PARKINGSTALL(P) 9'x20' STANDARDPARALLEL PARKINGSTALL (P) 9'x25' ADAPARALLEL PARKINGSTALL
APN: 070-00111-010PORTION OF SECTION 5, TOWNSHIP 10 NORTH, RANGE 7 EAST, M.D.B.&M.603 SUTTER STREETCITY OF FOLSOM, SACRAMENTO COUNTY , STATE OF CALIFORNIA 95630PRELIMINARY GRADING AND DRAINAGE PLAN ROWCENTERLINESW, CURB & GUTTERSTORM DRAINSANITARY SEWERWATERGAS LINESDMHDROP INLETSSMHWATER VALVEWATER METERUTILITY POLESTREET LIGHTFENCERETAINING WALLINDEX CONTOURINTERMEDIATE CONTOURSTREE & TAG NO.*

LEGENDEXISTINGDESCRIPTION

BOLLARDXX CONTROL POINT

PROPERTY LINELOT LINE
SD
100100.00PK
FLOOD PLAIN:1. PER THE FEMA FLOOD RATE MAP NO. 06067C0116H, DATED AUGUST 16,2012, THE PARCEL IS IN ZONE "X" (OUTSIDE OF THE 100 YEAR FLOOD PLAIN).

BLOCK WALL5/8 REBAR LS 6013PK & WASHER LS 6013

OHUOHU OVERHEAD ELEC & TELEPHONE

ABBREVIATIONSACASPHALT CONCRETEDIDROP INLETCLCENTERLINE(E)EXISTINGEPEDGE OF PAVEMENTFLFLOW LINEGRGRATEINVINVERTIRRIRRIGATION UNDERGROUND UTILITY NOTE:THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEYINFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THATTHE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA,EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT GUARANTEETHAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATEDALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLEFROM INFORMATION AVAILABLE. THE SURVEYOR HAS NOT PHYSICALLY LOCATED THEUNDERGROUND UTILITIES.

OVER HEAD POWER LINESPUBLIC UTILITY EASEMENTPROPOSEDSTORM DRAIN MANHOLESANITARY SEWER MANHOLETOP BACK OF CURBUNDERGROUNDWATERWATER METEROHPUE(P)SDMHSSMHTBCUGWAWM ENGINEER & SURVEYORCWE2260 DOUGLAS BLVD., SUITE 160ROSEVILLE, CA 95661PH. (916) 772-7800 ASSESSOR'S PARCEL NUMBER:070-00111-010PARK DISTRICT:CITY OF FOLSOMSCHOOL DISTRICT:FOLSOM-CORDOVA UNIFIEDFIRE PROTECTION:CITY OF FOLSOMDRAINAGE:CITY OF FOLSOM PROPOSED NUMBER OF OFFICEAND RETAIL UNITS:WATER SUPPLY:CITY OF FOLSOM SEWER:CITY OF FOLSOMPROPOSED USE:MIXED USE / RETAILEXISTING USE:COMMERCIALPROPOSED IMPROVEMENTS:AS REQUIRED BY THE DEPARTMENT OF PUBLIC WORKSEXISTING ZONING:HISTORIC DISTRICTGENERAL PLAN:COMMERCIAL PRELIMINARY GRADINGAND DRAINAGE PLANC1
SHEET INDEX:C1 PRELIMINARY GRADING AND DRAINAGE PLANC2 PRELIMINARY UTILITY PLAN FDCPIV

FINISH FLOOR ELEVATIONSPOT ELEVATION (ASPHALT CONCRETE)

REMOVAL

REDUCED PRESSURE BACKFLOW PREVENTERFIRE HYDRANT

PROPOSED
XX
S

BUILDING
D

EDGE OF PAVEMENT

NEW ASPHALT PAVINGNEW PCC PAVINGSECTION B - BNOT TO SCALEB-

SECTION A - ANOT TO SCALEA-
B
A
603 SUTTER STREETAPN: 00-00111-010FOLSOM, CA 95630
8/23/2023OWNER:CEDRUS HOLDINGSLIMITED PARTNERSHIP604 SUTTER STREET, SUITE 250FOLSOM, CA 956302260 Douglas Blvd, Suite 160, Roseville, CA 95661Ph: 916-772-7800 | www.cwecorp.com

VICINITY MAPNOT TO SCALE
BENCHMARK:COUNTY OF SACRAMENTO BENCHMARK U15-23:NGVD 29 ELEVATION 158.93STANDARD BRONZE DISC STAMPED “U.S.C.&G.S. B.M. Z-855 1949”LOCATED AT THE SOUTHWEST CORNER OF THE GREENBACKLANE BRIDGE ACROSS THE AMERICAN RIVER IN THE TOP OF A 9'BY 10' ROCK OUTCROP APPROXIMATELY 41 FEET WEST OF THESOUTHWEST WING WALL, 54' WEST OF THE CENTERLINE OFGREENBACK LANE AND ABOUT 10 FEET LOWER THAN THE ROAD.BASIS OF BEARINGS:THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CENTERLINEOF SUTTER STREET AS SHOWN ON THE MAPS 56 RS 9 AND 38 PM20, THE BEARING OF WHICH IS N 53° 05' 31” E, AND WASESTABLISHED FROM STREET IMPROVEMENTS AND MONUMENTSFOUND ON SAID MAPS.B- A-

NEW LANDSCAPING
(E)PRIVATEDRIVEWAYSUTTERSTREETSCOTTSTREET

PROJECT SITE
OWNER:CEDRUS HOLDINGS LIMITED PARTNERSHIP604 SUTTER ST, STE 250FOLSOM, CA 95630 *SEE ARBORIST REPORT BY CALTLC DATED JULY 14, 20222

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10/10/2023 Item No.10.

Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

Attachment 7

Preliminary Utility Plan, dated August 23, 2023

Page 166 ends

10/10/2023 Item No.10.

SUTTER STREET

SCOTT STREET
APN: 070-0111-010
APN: 070-0111-009GOOTEE CYNTHIA & JAMESMICHAEL & PATRICIA APN: 070-0111-011FUENTES, BENJAMIN& MARSH MARIE E

DRIVEWAYALLEY
D

FIRE RISERROOMELECTRICALROOM

GREASE SERVICEPOINT OF CONNECTIONSANITARY SEWERPOINT OF CONNECTION

DOMESTIC WATERPOINT OF CONNECTION
(E) STREET LIGHTTO REMAIN
6" FIRE SERVICEPOINT OF CONNECTIONPROPOSEDBUILDINGELECTRICAL SERVICEPOINT OF CONNECTION

GAS SERVICEPOINT OF CONNECTIONCONNECT TO (E) GAS LINEPER PG&E STANDARDS

CONNECT TO (E) ELECTRICALSERVICE LINE PER SMUD STANDARDS (P)ELECTRICALSERVICE LINE PERSMUD STANDARDSRELOCATE (E)HYDRANT TOLANDSCAPEPLANTER (P) 9'x20' STANDARDPARALLEL PARKINGSTALL(P) 9'x20' STANDARDPARALLEL PARKINGSTALL (P) 9'x25' ADAPARALLEL PARKINGSTALL
APN: 070-00111-010PORTION OF SECTION 5, TOWNSHIP 10 NORTH, RANGE 7 EAST, M.D.B.&M.603 SUTTER STREETCITY OF FOLSOM, SACRAMENTO COUNTY , STATE OF CALIFORNIA 95630PRELIMINARY UTILITY PLAN PRELIMINARY UTILITYPLANC2603 SUTTER STREETAPN: 00-00111-010FOLSOM, CA 95630 8/23/2023OWNER:CEDRUS HOLDINGSLIMITED PARTNERSHIP604 SUTTER STREET, SUITE 250FOLSOM, CA 956302260 Douglas Blvd, Suite 160, Roseville, CA 95661Ph: 916-772-7800 | www.cwecorp.com 2

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10/10/2023 Item No.10.

Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

Attachment 8

Preliminary Landscape Plan
Dated December 10, 2022

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10/10/2023 Item No.10.

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10/10/2023 Item No.10.

Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

Attachment 9

Retaining Wall Details
Dated February 8, 2023

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10/10/2023 Item No.10.
603 SUTTER STREET
CEDRUS HOLDINGS LLP.
603 SUTTER ST. FOLSOM, CA DATE OF REVISION: 02/08/23
2237 Douglas Blvd., Ste. 160
Roseville, CA 95661
916.786.8178
1715 R Street, Ste. 200
Sacramento, CA 95811
wp-architects.com
A-401

RETAINING WALL DETAILS
FLOOR PLAN - LEVEL 1FLOOR PLAN - LEVEL 2 12
SUTTER ST .

SCOTT ST .

SUTTER ST .

SCOTT ST.
0 SCALE: 1/8” = 1’-0”
4’ 8’ 16’ 0
SCALE: 1/8” = 1’-0”
4’ 8’ 16’
8 1 TYP.
9 RETANING WALL LOCATION
RETANING WALL DETAIL:

RIVER ROCK STONE RETAINING WALL,
STYLE TO MATCH ADJANCENT BUILDING LIKE 614 SUTTER ST.

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10/10/2023 Item No.10.

Historic District Commission
603 Sutter Street Mixed-Use Building (PN 17-145)
September 6, 2023

Attachment 10

Building Elevations and Floor Plans
Dated August 24, 2023 and February 8, 2023

Page 172 ends

10/10/2023 Item No.10.
603 SUTTER STREET
CEDRUS HOLDINGS LLP.
603 SUTTER ST. FOLSOM, CA DATE OF REVISION: 08/24/23
2237 Douglas Blvd., Ste. 160
Roseville, CA 95661
916.786.8178
1715 R Street, Ste. 200
Sacramento, CA 95811
wp-architects.com
A-211

EXTERIOR ELEVATIONS

NORTH ELEVATION

SOUTH ELEVATION

EAST ELEVATION

WEST ELEVATION
1 3
2 4
0 SCALE: 1/8” = 1’-0”
4’ 8’ 16’
0 SCALE: 1/8” = 1’-0”
4’ 8’ 16’
0 SCALE: 1/8” = 1’-0”
4’ 8’ 16’
0 SCALE: 1/8” = 1’-0”
4’ 8’ 16’
SHEET NOTES A-211
1 LINE OF FLAT ROOF BEYOND
2 MAXIMUM ALLOWABLE HEIGHT PLANE
3 GATE ACCESS TO TRASH ROOM
4 LOBBY ENTRANCE
5 SIDEWALK ACCESS FROM STREET
6 TRASH ROOM ROLL-UP DOOR
7 CONCRETE BASE
8 CONCRETE WINDOW SILL
9 ORNAMENTAL IRON RAILING
10 WOOD BALCONY STRUCTURE
11 CONCRETE RETAINING WALL
12 WOOD CORNICE PROFILE
13 BRICK CORNICE / DENTILS
14 MECHANICAL WELL BEYOND
15 PAINTED STEEL AWNING STRUCTURE

EXTERIOR FINISH LEGEND
A BRICK VENEER - H.C. MUDDOX: MENDOCINO BLEND
B HORIZONTAL SIDING - COLOR: SNOWBOUND SW 7004

C CORRUGATED METAL ROOF

D PAINTED WOOD TRIM TO MATCH WINDOW SYSTEM
E ALUMINUM WINDOW / STOREFRONT SYSTEM - COLOR:

DARK BRONZE
G EXTERIOR PAINT - COLOR: URBANE BRONZE SW 7048
H EXTERIOR PAINT - COLOR: CROWNSVILLE GRAY HC 106
1 3589 AC DE 911 15
GG
H H
H H
G
G
4 5
67 7
2 12 13 13B B
BE
912
12 12 C B 1414 E 13
E
TYP. @ BRICK

PILASTER

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