Agenda — Sonoma City Council, November 6, 2024

City Council:

John Gurney, Mayor
Patricia Farrar-Rivas, Vice
Mayor
Jack Ding
Sandra Lowe
Ron Wellander

REGULAR MEETING AGENDA

OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Wednesday, November 6, 2024
https://us06web.zoom.us/j/84876986131
6:00 PM Regular Meeting

ACCESSING PUBLIC MEETINGS
As a public service to the community, City Council meetings are held in-person, and viewable through a live webcast on the City’s CivicWeb Portal at https://sonomacity.civicweb.net/Portal/Video.aspx, City of Sonoma YouTube channel at https://www.youtube.com/channel/UChZjUrg2rNLYxTgQHhFy-Tg, and televised on Comcast Cable Channel 27. Members of the public can also view the meeting via ZOOM, at https://us06web.zoom.us/j/84876986131.

If a technical issue arises with Zoom video or the listening phone dial-in option, the City Council meeting will continue unless a Council Member is participating remotely pursuant to the provisions of Assembly Bill 2449.

Members of the public who wish to address the Council by providing public comments during the meeting may do so in-person in the Council Chambers at 177 First Street West, where the meeting is being publicly held. As an alternative, members of the public may also provide written public comment submitted via the City’s online Public Comment form at https://sonomacity.civicweb.net/Portal/CitizenEngagement.aspx or by email to:
[email protected]
PROCESS FOR COMMENTS FROM THE PUBLIC: There will be two opportunities for members of the public to address items not appearing on the agenda. The early public comment period, Agenda Item 1, will be limited to ten speakers. Each speaker will be allowed up to two minutes. Speakers who do not have an opportunity to speak during this time will be allowed to make their comments under the later public comment, Agenda Item 10.

When the Mayor announces these agenda items, please form a line to speak.

In the event a Council Member participates remotely for just cause or an emergency circumstance under Assembly Bill 2449, the City will allow for public comment through the Zoom link.

In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Be Courteous - TURN OFF your cell phones and watches while the meeting is in session.

The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the items are described.

No new items will begin after 9:00pm unless a majority of the members present vote to allow the items to be heard.

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Page
6:00 P.M. – REGULAR MEETING

CONVENE, CALL TO ORDER & PLEDGE OF ALLEGIANCE
ROLL CALL (Ding, Lowe, Farrar-Rivas, Wellander, Gurney)

APPROVAL OF AGENDA

REPORT ON CLOSED SESSION

1. PRESENTATIONS

1.1: Proclamation Designating November 2024 as Native American Heritage Month Proclamation
5 2. COMMENTS FROM THE PUBLIC
At this time members of the public may address the Council on matters not listed on this agenda, but which are within the subject matter jurisdiction of the Council. This public comment period will be limited to ten speakers. Each speaker will be allowed up to two minutes. Speakers who do not have an opportunity to speak during this time will be allowed to make public comment under Agenda Item 10 - SECOND PUBLIC COMMENT. Please form a line to speak.

Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Please begin by stating your name.

3. MEETING DEDICATIONS

4. COUNCILMEMBERS’ REPORTS AND COMMENTS
Committee Reports - Council Members are appointed to various boards and committees - local, county-wide and regional. Any updates from a council member will be shared at this time. A list of all appointments is available on our City Website for easy reference.

Council Members may also make appointments to city commissions at this time.

5. CITY MANAGER COMMENTS AND ANNOUNCEMENTS

6. CITY ATTORNEY COMMENTS

7. CONSENT CALENDAR – CITY COUNCIL
All items listed on the Consent Calendar are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council or staff request specific items to be removed for separate action.

7.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided)

7.2: Accept Minutes from the Special Study Session Meeting of October 14, 2024, and Regular Meetings of October 14,2024 and October 21, 2024 (Rebekah Barr, MMC, City Clerk)

10.14.2024 General Plan Study Session Special Meeting Minutes

10.14.2024 Regular Meeting Minutes

10.21.2024 Regular Meeting Minutes
6 - 11

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7.3: Adopt a Resolution to Support the Extension of the Sonoma County Abandoned Vehicle Abatement Authority for a 10-year Period (Brandon Cutting, Police Chief)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Abandoned Vehicle Abatement Authority - Pdf 12 - 15

7.4: Receive Report on City Commissions and Committee Attendance (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Receive report.

Agenda Report - Commission Attendance - Pdf
16 - 23

7.5: Selection of Index for Determining Annual Minimum Wage Adjustment (Prapti Aryal, Finance Director and David Guhin, City Manager)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Minimum Wage Selection - Pdf
24 - 28

8. PUBLIC HEARING

8.1: Continued Public Hearing to Consider an Appeal of the Planning Commission's Decision to Deny a Use Permit Amendment (UA-23-40) and Wine Tasting Use Permit (WTUP-24-1) that Would Have Authorized a Vacation Rental and Wine Tasting Facility at 301 First Street West under the Adaptive Reuse Provisions of the City’s Development Code (Jennifer Gates, AICP, Community Development Director)
RECOMMENDATION: Move to adopt the attached City Council Resolution, titled “A Resolution of the City Council of the City of Sonoma Affirming in Part and Denying in Part an Appeal of the Planning Commission’s Decision on May 16, 2024 Denying the Amendment to the Use Permit (UA 23-40) And Wine Tasting Use Permit (WTUP 24-1) Applications of Michael Ross at 301 First Street West (APN 018-161-042), Setting Aside the Planning Commission’s Resolution and Approving the Use Permit (UA 23-40) and Wine Tasting Use Permit (WTUP 24-1)."
Agenda Report - Cooperage Appeal - Pdf
29 - 52

8.2: Public Hearing to Consider Adopting a Resolution Declaring Results of Majority Protest Proceedings to Renew the Sonoma Tourism Improvement District (David Guhin, City Manager)
RECOMMENDATION: Hold the final hearing, declaring results of the majority protest proceedings, and adopt the resolution renewing the Sonoma Tourism Improvement District (STID) and the levy of assessments on lodging businesses.

Agenda Report - TID Public Hearing - Pdf
53 - 59

9. REGULAR CALENDAR – CITY COUNCIL
(Matters requiring discussion and/or action by the City Council)

10. SECOND COMMENTS FROM THE PUBLIC
At this this time members of the public who did not have the opportunity to speak during the early comment period may address the Council on matters not listed on this agenda, but which are within the subject matter jurisdiction of the Council. Each speaker will be allowed up to two minutes. Please form a line to speak.

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11. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted as legally required. Rebekah Barr, MMC, City Clerk.
*********************************************************************************************************************************** Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are usually available for public inspection the Wednesday before each regularly scheduled meeting at City Hall, located at No. 1 The Plaza, Sonoma CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at the City Clerk’s office, No. 1 The Plaza, Sonoma CA during regular business hours. If you challenge the action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on the agenda or in written correspondence delivered to the City Clerk at or prior to the public hearing.

City of Sonoma's Commission and Committee Roster: Commission & Committee Roster Appointments to Commission/Committees: The Council may establish and make appointments to a Council committee (made up of two Council Members) with respect to any item appearing on this agenda.

Closed Session: If action is taken during a Closed Session meeting that is required to be reported out at this meeting, the Council will return to Open Session and report out immediately. However, if the Council is unable to do so due to time constraints, it will report out at the immediately following Regular Council Meeting under "REPORT ON CLOSED SESSION".

Motion for Consideration: A Council Member voting with the majority on any item appearing on this agenda may move for reconsideration of that vote provided the motion is in conformance with the rules adopted by the Council governing such motions.

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Agenda Item #1.1:

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City Council:

John Gurney, Mayor
Patricia Farrar-Rivas, Vice Mayor
Jack Ding
Ron Wellander
Sandra Lowe

SPECIAL MEETING MINUTES

OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
October 14, 2024

2:00 PM Special Meeting
Special Meeting Minutes, October 14, 2024
2:00 P.M. – SPECIAL GENERAL PLAN STUDY SESSION MEETING

CONVENE, CALL TO ORDER, & PLEDGE OF ALLEGIANCE
Mayor Gurney called the meeting to order at 2:01 p.m.

ROLL CALL
PRESENT: Council Member Wellander, Council Member Lowe, Vice Mayor Farrar-Rivas, and Mayor Gurney
ABSENT: Council Member Ding

1. CALL TO ORDER

2. ITEMS FOR DISCUSSION
Council Member Ding arrived at 2:05 p.m.

Item 2.1: Receive presentation and continuation of the City Council and Planning Commission discussion on the General Plan Land Use from June 5 and June 25, 2024 Special Meetings and Planning Commission Meeting on August 22, 2024.

Public Comment: Donna Dambach, Fred Allebach, Connie Schlelein, Kathleen Murphy, Adrienne Lase, Eric Larson, Kim Pack, Lisa Waits, Tim Freeman, John Donnelly, Armando Zimmerman, Kelsey Maddox, Kaitlyn Cornwall, Cathy Weber, Bonnie Brown, and Bill Willers.

3. ADJOURNMENT
Mayor Gurney adjourned the meeting at 5:02 p.m.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly received at a regular meeting of the Sonoma City Council on the 6th of November 2024. ____________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.2:

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City Council:

John Gurney, Mayor
Patricia Farrar-Rivas, Vice Mayor
Jack Ding
Ron Wellander
Sandra Lowe

REGULAR MEETING MINUTES

OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Monday, October 14, 2024

6:00 PM Regular Meeting
Regular Meeting Minutes, October 14 2024
6:00 P.M. – REGULAR MEETING

CONVENE, CALL TO ORDER, & PLEDGE OF ALLEGIANCE
Mayor Gurney called the meeting to order at 6:00 p.m.

ROLL CALL
PRESENT: Council Member Wellander, Council Member Lowe, Council Member Ding, Vice Mayor Farrar-Rivas, and Mayor Gurney

REPORT ON CLOSED SESSION
There was no Closed Session held.

1. PRESENTATIONS
None.

2. COMMENTS FROM THE PUBLIC
None.

3. MEETING DEDICATIONS
Councilmember Wellander and Mayor Gurney dedicated the meeting to Victor Sangiacomo.

4. COUNCILMEMBERS’ REPORTS AND COMMENTS
On October 3, 2024, Vice Mayor Farrar-Rivas attended a Sonoma Clean Power Board meeting. On September 25, 2024, she attended a Sonoma Valley Community Advisory Commission meeting and a Mayors and City Councilmembers Association Board meeting on October 10, 2024. Ms.

Farrar-Rivas and Commissioner Dambach participated in the Valley Cemetery Clean-Up Day on September 21, 2024.

Council Member Ding attended a Sonoma Valley Groundwater Sustainability Committee Ad-hoc meeting on October 7, 2024.

Council Member Wellander attended a North Bay Watershed Association meeting held at Mere Island as well as participated in a Shared Services meeting with Supervisor Gorin. Additionally, Council Member Wellander attended a Sonoma Homeless Coalition Board meeting.

5. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
City Manager Guhin reminded the Council and community about several upcoming events. First, the Cultural and Fine Arts Commission (CFAC) will host an Artist Reception to showcase the Valley of the Moon Vintage Festival Poster Exhibit in the Council Chambers on October 18, 2024, from 4 PM to 6 PM. He also announced that a Sonoma Splash Community Day is scheduled for October 22, 2024. Additionally, Mr. Guhin highlighted two upcoming Cemetery Clean-Up Days: the first at Mountain Cemetery on October 26, 2024, and the second at the Veterans Cemetery on November 9, 2024, both from 9 AM to 12 PM.

6. CITY ATTORNEY COMMENTS
City Attorney Ruderman provided an update on new legislation pertaining to the Political Reform Act and the increase in the threshold of campaign contributions required to be disclosed that have been made by a vendor/contractor to a candidate.

7. CONSENT CALENDAR – CITY COUNCIL
Motion by Council Member Lowe, seconded by Council Member Wellander, to approve the Consent Calendar as presented. Motion carried unanimously.

Item 7.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided)
Item 7.2: Accept Minutes from the Regular Meeting of September 18, 2024 (Rebekah Barr, MMC, City Clerk)
Action: The minutes were received.

Agenda Item #7.2:

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Regular Meeting Minutes, October 14, 2024
Item 7.3: Adopt a Resolution Reviewing the 5th Street East and East MacArthur Street Emergency Storm Drain Contract and Determining that the Emergency Contract has Concluded and Terminating the Emergency Action (Michael Berger, Public Works Director)
Action: Adopted as Resolution 82-2024.

Item 7.4: Adopt a Resolution Authorizing the City Manager to Accept the Grant Funds and Execute Sub Award Agreements with the City of Petaluma, County of Sonoma, and County of Napa for the North Bay Water Quality Partnership Project (Ashley Cotter, Public Works Admin & Project Manager)
Action: Adopted as Resolution 83-2024.

Item 7.5: Adopt a Resolution to Authorize the City Manager to Execute Maintenance Service Agreements with Bartlett Tree Experts and A Plus Tree, LLC, both in an Amount Not to Exceed $75,000 Annually to Provide On-Call Tree Maintenance Services (Ashley Cotter, Public Works Admin & Project Manager)
Action: Adopted as Resolution 84-2024.

Item 7.6: Adopt a Resolution Approving a Time Extension Request to Implement the Required Subdivision Improvements for 369 West Napa Known as Bevan Minor Subdivision (Jennifer Gates, AICP, Community Development Director)
Action: Adopted as Resolution 85-2024.

Item 7.7: Adopt a Resolution Amending the FY24-25 Budget and Allocating $41,410 within Fund 731 Senior Housing (Jennifer Gates, AICP, Community Development Director) Action: Adopted as Resolution 86-2024.

Item 7.8: Adopt a Resolution Authorizing the City Manager to Execute a Sub-Award Agreement with Sonoma County Water Agency for the Sonoma-Marin Drought Resiliency Program (Ashley Cotter, Public Works Admin & Project Manager) Action: Adopted as Resolution 87-2024.

8. PUBLIC HEARING
None.

9. REGULAR CALENDAR – CITY COUNCIL
Item 9.1: Appointment of Youth Members to Group A Commissions (Rebekah Barr, MMC, City Clerk)
Action: Appointments were made.

Motion by Mayor Gurney, seconded by Council Member Lowe, to appoint Margaret (Maggie) Brown to the Cultural and Fine Arts Commission, Jared Mellinger to the Parks, Recreation, and Open Space Commission, Mikey Wangbickler to the Design Review & Historic Preservation Commission, Alina Castro to the Climate Action Commission, and Vincenzo Mansfield to the Traffic Safety Committee. Motion carried unanimously.

Item 9.2: Presentation Regarding the City of Sonoma's Approach for Repair of Existing Sidewalks and Construction of New Sidewalks (Michael Berger, Public Works Director)
Action: Council received presentation and provided direction to Staff.

Public Comment: An anonymous speaker and Kathleen.

Item 9.3: Introduce an Ordinance Establishing Administrative Remedies Procedure for Challenges to Fees, Charges, and Assessments (David Ruderman, City Attorney) Action: Ordinance was introduced.

Motion by Council Member Lowe, seconded by Vice Mayor Farrar-Rivas, to Introduce an Ordinance Establishing Administrative Remedies Procedure for Challenges to Fees, Charges, and Assessments. Motion carried unanimously.

Item 9.4: Resolution Adopting the City’s 2024 Investment Policy (Prapti Aryal, Finance Director)
Action: Adopted as Resolution 88-2024.

Motion by Vice Mayor Farrar-Rivas, seconded by Council Member Lowe, Adopting the City’s 2024 Investment Policy. Motion carried unanimously.

Item 9.5: A Resolution Authorizing the City Manager to Execute a Professional Service Agreement with Optimized Investment Partners for Investment Advisory Services (Prapti Aryal, Finance Director)
Action: Adopted as Resolution 89-2024.

Agenda Item #7.2:

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Regular Meeting Minutes, October 14, 2024
Motion by Council Member Lowe, seconded by Council Member Wellander, Authorizing the City Manager to Execute a Professional Services Agreement with Optimized Investment Partners for Investment Advisory Services. Motion carried unanimously.

10. SECOND COMMENTS FROM THE PUBLIC
None.

10. ADJOURNMENT
Mayor Gurney adjourned the meeting at 8:08 p.m.

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City Council:

John Gurney, Mayor
Patricia Farrar-Rivas, Vice Mayor
Jack Ding
Ron Wellander
Sandra Lowe

REGULAR MEETING MINUTES

OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Monday, October 21, 2024

6:00 PM Regular Meeting
Regular Meeting Minutes, October 21, 2024
6:00 P.M. – REGULAR MEETING

CONVENE, CALL TO ORDER, & PLEDGE OF ALLEGIANCE
Mayor Gurney called the meeting to order at 6:00 p.m.

ROLL CALL
PRESENT: Council Member Wellander, Council Member Ding, Council Member Lowe, Vice Mayor Farrar-Rivas, and Mayor Gurney

REPORT ON CLOSED SESSION
There was no Closed Session held.

APPROVAL OF AGENDA
Motion by Council Member Lowe, seconded by Vice Mayor Farrar-Rivas, to approve the agenda as presented. Motion carried unanimously.

1. PRESENTATIONS
Item 1.1: Proclamation Designating the Month of October 2024 as Domestic Violence Awareness Month in the City of Sonoma

2. COMMENTS FROM THE PUBLIC
None.

3. MEETING DEDICATIONS
None.

4. COUNCILMEMBERS’ REPORTS AND COMMENTS
Vice Mayor Farrar-Rivas, along with her fellow council members, attended the Annual Cal-Cities Conference and Expo held from October 16-18, 2024, in Long Beach, California.

Council Member Ding reported that the business meeting typically held on the last day of the Annual Cal Cities Conference was canceled due to lacking a quorum. The items listed on that agenda were sent to the Board for review and consideration. Mr. Ding also attended the API Caucus Meeting held at the Annual Cal Cities Conference, along with Council Member Lowe, where he presented the Ting Project.

Additionally, Mr. Guhin highlighted two upcoming Cemetery Clean-Up Days: the first at Mountain Cemetery on October 26, 2024, and the second at the Veterans Cemetery on November 9, 2024, both from 9 AM to 12 PM.

6. CITY ATTORNEY COMMENTS
City Attorney Ruderman provided a legislative update regarding remote participation during meetings.

7. CONSENT CALENDAR – CITY COUNCIL
Motion by Vice Mayor Farrar-Rivas, seconded by Council Member Ding, to approve the Consent Calendar as presented. Motion carried unanimously.

Item 7.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided)
Item 7.2: Accept the Expenditure Report for the Month of September 2024 (Prapti Aryal, Finance Director)
Action: The expenditure report was accepted.

Item 7.3: Adopt an Ordinance Establishing Administrative Remedies Procedure for Challenges to Fees, Charges, and Assessments (David Ruderman, City Attorney) Action: Adopted as Ordinance 08-2024.

Agenda Item #7.2:

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Regular Meeting Minutes, October 21, 2024

8. PUBLIC HEARING
Item 8.1: Public Hearing to Consider an Appeal of the Planning Commission's Decision to Approve Design Review and Variance (UA-24-21) Authorizing New Exterior Lighting that Exceeds the Allowed Footcandles Located at 252 West Spain Street (Jennifer Gates, AICP, Community Development Director)
Action: Adopted as Resolution 90-2024.

Open Public Hearing: 6:28 p.m.

Public Comment: Cathy Weber, Richard Price, Carol Campbell, Christine Bohar reading for Mary Smith, Tim Fogg, Kim Pack, Tamra Rollins, Victor Conforti, Peter Stanford, Claudia Ranniker, and Trish Hunter.

Closed Public Hearing: 6:58 p.m.

Motion by Vice Mayor Farrar-Rivas, seconded by Council Member Lowe, to Adopt a Resolution Denying an Appeal and Affirming the Planning Commission’s Decision on September 17, 2024, Approving Design Review and Variance for Installation of New Exterior Lighting that Exceeds the Allowed Footcandles (UA-24-21) located at 252 West Spain Street (APN 018-151-011).

Substitute motion by Council Member Lowe, seconded by Council Member Wellander, to Adopt a Resolution Denying an Appeal and Affirming the Planning Commission’s Decision on September 17, 2024, Approving Design Review and Variance for Installation of New Exterior Lighting that Exceeds the Allowed Footcandles (UA-24-21) Located at 252 West Spain Street (APN 018-151-011), and Changing the Operational Hours to Extend to 10 PM, Seven Days Per Week, As Needed. Motion carried unanimously.

Mayor Gurney called for a recess at 7:12 p.m.; Council reconvened at 7:20 p.m.

Item 8.2: Public Hearing to Consider an Appeal of the Planning Commission's Decision to Deny a Use Permit Amendment (UA-23-40) and Wine Tasting Use Permit (WTUP-24-1) That Would Have Authorized a Vacation Rental and Wine Tasting Facility at 301 First Street West Under the Adaptive Reuse Provisions of the City’s Development Code. The Appellant Requests the City Council Approve the Use Permit Amendment and Wine Tasting Use Permit and Give Direction to Staff on Policy Issues Concerning the Adaptive Reuse Ordinance (Jennifer Gates, AICP, Community Development Director) Action: Direction was given to Staff, and a revised resolution will be brought for consideration at the November 6, 2024, City Council Meeting.

Ex-Parte Communication Disclosures:

Vice Mayor Farrar-Rivas met with and received a package from Jim Bohar.

Council Member Ding received a package from Jim Bohar.

Mayor Gurney received a package from Jim Bohar.

Council Member Lowe received a package from Jim Bohar.

Open Public Hearing: 7:37 p.m.

Public Comment: Jim Bohar, Carrie Fogg, Michael Huff, Peter Mathis, Steve Wiesinger, Nancy Simpson, Michael Hefner, Michael Ross, Christine Bohar, Andrea Huff, MaryAnn Weber, Nina S, Winnie Farwell and Victor Conforti.

Closed Public Hearing: 8:19 p.m.

Motion by Council Member Lowe, seconded by Council Member Ding, to 1)Deny the Appeal as to the Vacation Rental Use Based on its Withdrawal by the Applicant, and 2) Approve the Appeal as to the Wine Tasting Use Permit Based on the Findings Included in Staff’s Proposed Resolution before the Planning Commission and Including the Conditions of Approval Proposed by the Applicant as well as the following Conditions Regarding Bike Spaces, Invitation Only Limits and Total Occupancy Limits, Further Move to Direct Staff to Prepare a Resolution to that Effect, Including Approval of a Categorical Exemption Pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and Section 15331 (Class 31 – Historical Resource Restoration/Rehabilitation), and Continue the Public Hearing on this Matter to the November 6, 2024, Regular City Council Meeting for Final Action on the Resolution. Motion carried unanimously.

9. REGULAR CALENDAR – CITY COUNCIL
None.

10. SECOND COMMENTS FROM THE PUBLIC
None.

10. ADJOURNMENT
Mayor Gurney adjourned the meeting at 9:00 p.m.

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 06 Nov 2024
Department
Police
Staff Contact
Brandon Cutting, Police Chief
Agenda Item Title
Adopt a Resolution to Support the Extension of the Sonoma County Abandoned Vehicle Abatement Authority for a 10-year Period
Summary
The City of Sonoma adopted the first related Resolution (65-94) in August of 1994, which supported the establishment of the Sonoma County Vehicle Abatement Authority (CVAA) under California Vehicle Code §22710- Service Authority for Abatement of Abandoned Vehicles. This resolution has been renewed every 10 years since, with the most recent being Resolution No 40-2014 (August 2014) which expires in January of 2025.

CVC §22710
(a) A service authority for the abatement of abandoned vehicles may be established, and a one-dollar ($1) vehicle registration fee imposed, in a county if the board of supervisors of the county, by a two-thirds vote, and a majority of the cities having a majority of the incorporated population within the county have adopted resolutions providing for the establishment of the authority and imposition of the fee. The membership of the authority shall be determined by concurrence of the board of supervisors and a majority vote of the majority of the cities within the county having a majority of the cities within the county having a majority of the incorporated population.

Participation in this program allows the city to apply this funding to the abatement, removal, or disposal as a public nuisance of any abandoned, wrecked, dismantled, or inoperative vehicle or part of the vehicle from private or public property.

The Sonoma Police Department must follow the current laws and policies governing the removal of the vehicles that qualify for CVAA funding.
 City of Sonoma Municipal Code §10.73- Removal of Abandoned and Other Nuisance Vehicles.
 SCSO Policy 502- Vehicle Towing
 SCSO Policy 507- 72-Hour Parking Violations
 California Vehicle Code §22654- Unattended, Abandoned, or Disabled Vehicles  California Vehicle Code §22658- Removal of Vehicles Parked on Private Property It is the request that the City Council adopt the resolution so the City of Sonoma can continue to receive funding for the removal of vehicles in accordance with policy and law as is the current procedure.

Recommended Council Action
Adopt the Resolution
Agenda Item #7.3:

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Alternative Actions
Deny request/Require alternative action
Financial Impact
There is no Financial Impact as the result of this ordinance.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution AVA Extension 2024 final
Agenda Item #7.3:

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City of Sonoma
RESOLUTION # ____ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA SUPPORTING

THE EXTENSION OF THE SONOMA COUNTY ABANDONED VEHICLE

ABATEMENT AUTHORITY
WHEREAS, the Sonoma County Abandoned Vehicle Abatement Authority was formed in 1995; and
WHEREAS, the City Council adopted Resolution 65-94 in August 1994 supporting the establishment of the Sonoma County Abandoned Vehicle Abatement Authority; and WHEREAS, the City Council adopted Resolution 61-200 in October 2004 supporting the extension of the Sonoma County Abandoned Vehicle Abatement Authority; and WHEREAS, the City Council adopted Resolution 40-2014 in August 2014 supporting the extension of the Sonoma County Abandoned Vehicle Abatement Authority; and WHEREAS, the Sonoma County Abandoned Vehicle Abatement Authority has contributed over $120,000 since its inception to support the investigation and removal of abandoned vehicle in the City of Sonoma; and
WHEREAS, the Sonoma County Abandoned Vehicle Abatement Authority is set to expire in 2025; and
WHEREAS, new legislation allows for an extension of the program with the approval of the county and the majority of the cities comprising a majority of the population of the incorporated areas; and
WHEREAS, the City Council finds it is beneficial and desirable to the City of Sonoma to have the program continued; and
WHEREAS, the City Council hereby finds that the extension of the abandoned vehicle abatement fee by the Sonoma County Service Authority (which imposes the fee through a DMV program) is consistent with the requirements of Proposition 26 because it is a levy for a service (vehicle registration) that does not exceed the reasonable cost, is directly conferred on the payor (in this case the vehicle owner/user), and is not provided to those not charged. In addition, the nominal fee represents a reasonable regulatory cost for registering vehicles, performing investigations, inspections, and enforcement of abandoned vehicles.

NOW, THEREFORE, BE IT RESOLVED that the City of Sonoma Council hereby supports the extension of the program until April 30, 2035.

ADOPTED this ___ day of _______, 2024 by the following vote:

Agenda Item #7.3:

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AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
John Gurney, Mayor
ATTEST:
________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.3:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 06 Nov 2024
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Receive Report on City Commissions and Committee Attendance Summary
On February 7, 2024, the City Council adopted Ordinance #01-2024, amending portions of the municipal code pertaining to commissions & committees including attendance requirements. In conjunction with this change, a new process was introduced whereby a commissioner attendance report will be presented to the City Council for their review and receipt.

The City's commissions are made up of directly appointed, at-large, and youth members. The Planning Commission also has an alternate member. The members directly appointed serve at the will of the Council Member who appointed them and there are no written attendance requirements for these positions. Attendance requirements for at-large members are stated in Sonoma Municipal Code 2.40.010.

Attendance by members at the regular and special meetings of all boards, commissions, and advisory or assisting groups of the city (hereinafter sometimes collectively referred to as “commissions” or “commission” and their members referred to as “commissioners” or “commissioner”) appointed by the city council now in existence, or hereafter established, shall be subject to the following rule:

If an at-large member of any board or commission of the city fails to attend the regular or special meetings of such a board or commission for three consecutive meetings or one-third of any calendar year’s meetings, the office becomes vacant automatically, without any declaration to that effect, and shall thereafter be filled as any other vacancy. Upon request by a commissioner, the council may waive the attendance rules due to special circumstances. (Ord. 01-2024 § 1, 2024; Ord. 07- 2015 § 1, 2015; Ord. 84-8 § 2, 1984).

Attached to this report are the attendance records for all Group A commissions for City Council's review and information.

Recommended Council Action
Receive report.

Alternative Actions
Council discretion.

Financial Impact
There is no financial impact from this action.

Agenda Item #7.4:

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Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Commission Attendance
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City of Sonoma
Agenda Item Summary
Meeting: City Council - 06 Nov 2024
Department
Administration
Staff Contact
David Guhin, City Manager
Prapti Aryal, Finance Director
Agenda Item Title
Selection of Index for Determining Annual Minimum Wage Adjustment Summary
Sonoma Municipal Code (SMC) Chapter 2.80 requires the City of Sonoma to set and adjust the minimum wage annually, with changes taking effect on January 1 of each year. Adjustments are determined by either a fixed rate of 3.5% or by a percentage (“index”) increase, whichever is less. Under SMC § 2.80.030(C)(1), the City Council may by resolution determine what index to use for calculating minimum wage rates after January 1, 2024.

Staff recommends using the San Francisco-Oakland-Hayward, CA (Series ID:

CUURS49BSA0) CPI for all items, which the City uses for rent increases and most MOU cost adjustments. The August 2024 CPI increase is 2.7%, below the 3.5% limit. Staff will update the 2025 calculation with the October CPI, which will be released on November 13, 2024.

The use of the San Francisco-Oakland-Hayward CPI ensures that minimum wage adjustments accurately reflect regional cost-of-living trends, providing a balanced approach that considers both economic conditions and the needs of local businesses and employees.

These adjustments align with the City’s policy to set wage rates that are fair and sustainable, ensuring compliance with regional economic indicators. By adopting the adjustment based on the San Francisco-Oakland-Hayward CPI, the City supports fair wages without imposing undue financial strain on local businesses. Staff recommends that the City Council approve the resolution setting the percentage (“index”) as the San Francisco-Oakland-Hayward CPI.

Recommended Council Action
Adopt the resolution.

Alternative Actions
Council discretion.

Financial Impact
There is no direct fiscal impact to the City’s General Fund as a result of this adjustment.

However, local businesses must comply with the new wage rates starting January 1, 2025, which may have varying financial implications depending on business size and structure.

Environmental Review Status
Environmental Impact Report Approved/Certified
Agenda Item #7.5:

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Negative Declaration
Exempt
Not Applicable
No Action Required
Action Requested
Attachments
CC Resolution for 2025 Minimum Wage
BLS Data Series
Agenda Item #7.5:

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City of Sonoma
RESOLUTION # __________ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA ESTABLISHING THE

CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U) FOR THE SAN FRANCISCO-OAKLAND-HAYWARD AREA AS THE PERCENTAGE (“INDEX”) FOR THE MINIMUM WAGE RATES FOR LARGE AND SMALL EMPLOYERS EFFECTIVE JANUARY 1, 2025
WHEREAS, the City of Sonoma Municipal Code Chapter 2.80 requires the City to set and adjust the minimum wage annually, with changes taking effect on January 1 of each year; and WHEREAS, adjustments to the minimum wage are determined by either a fixed rate of 3.5% or by a percentage (“index”) increase set by a council resolution, whichever is less; and WHEREAS, the San Francisco-Oakland-Hayward CPI (Series ID: CUURS49BSA0) for all urban consumers (CPI-U) ensures that minimum wage adjustments accurately reflect regional cost-of-living trends, providing a balanced approach that considers both economic conditions and the needs of local businesses and employees; and
WHEREAS, the August 2024 CPI increase of 2.7% is below the 3.5% limit set by the SMC; however, Staff will finalize the minimum wage calculation for 2025 based on October 2024 CPI to be released on November 13, 2024; and
WHEREAS, the use of the San Francisco-Oakland-Hayward CPI ensures that minimum wage adjustments accurately reflect regional cost-of-living trends, balancing economic conditions with the needs of local businesses and employees; and
WHEREAS, these adjustments align with the City’s policy to set wage rates that are fair and sustainable, ensuring compliance with regional economic indicators; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sonoma that the San Francisco-Oakland-Hayward CPI (Series ID: CUURS49BSA0) for all urban consumers (CPI-U) is hereby adopted as the index for minimum wage adjustments under Chapter 2.80 of the Sonoma Municipal Code.

PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 6th day of November 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Agenda Item #7.5:

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____________________________
John Gurney, Mayor
ATTEST:
____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.5:

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Bureau of Labor Statistics
Series Id:

Series Title:

Area:

Item:

Base Period:

Years:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2014 2.4 2.8 3.0 3.0 3.2 2.7 2.8 2.7 3.0
2015 2.5 2.4 2.3 2.6 2.6 3.2 2.6 2.5 2.7
2016 3.0 2.7 2.7 3.1 3.6 3.5 3.0 2.8 3.2
2017 3.4 3.8 3.5 3.0 2.7 2.9 3.2 3.6 2.9
2018 3.6 3.2 3.9 4.3 4.4 4.5 3.9 3.4 4.3
2019 3.5 4.0 3.2 2.7 3.0 2.5 3.3 3.7 2.9
2020 2.9 1.1 1.6 1.6 1.1 2.0 1.7 2.0 1.4
2021 1.6 3.8 3.2 3.7 3.8 4.2 3.2 2.5 3.9
2022 5.2 5.0 6.8 5.7 6.0 4.9 5.6 5.4 5.8
2023 5.3 4.2 2.9 3.4 2.8 2.6 3.7 4.4 2.9
2024 2.4 3.8 3.2 2.7 3.0
All items in San Francisco-Oakland-Hayward, CA, all
urban consumers, not seasonally adjusted San Francisco-Oakland-Hayward, CA All items
1982-84=100
2014 to 2024
Consumer Price Index for All Urban Consumers (CPI-U)
12-Month Percent Change
CUURS49BSA0
Not Seasonally Adjusted
Source: Bureau of Labor Statistics Generated on: October 28, 2024 (10:57:09 AM) Agenda Item #7.5:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 06 Nov 2024
Department
Community Development
Department
Staff Contact
Jennifer Gates, AICP
Community Development Director
Agenda Item Title
Continued Public Hearing to Consider an Appeal of the Planning Commission's Decision to Deny a Use Permit Amendment (UA-23-40) and Wine Tasting Use Permit (WTUP-24-1) that Would Have Authorized a Vacation Rental and Wine Tasting Facility at 301 First Street West under the Adaptive Reuse Provisions of the City’s Development Code Summary
The applicant requested approval of a Wine Tasting Use Permit (WTUP) and Use Permit amendment. The Use Permit amendment was requested to allow a short-term vacation rental in the second-floor residence and a wine tasting use permit under the City’s Adaptive Reuse Ordinance (SMC § 19.42.030). The application requested that the limited retail use be allowed to continue. These additional uses were requested after the completion of the previously approved adaptive reuse project to offset the unexpected costs of construction. The recently completed project utilized the adaptive reuse criteria of Section 19.42.030 of the City of Sonoma Development Code for their original project approval on May 24, 2018. Since that time, the renovation has been completed. This application requested that criteria be applied again to support the requested additional uses.

On April 18, 2024, staff discussed concerns raised and provided findings of approval and conditions of approval for the project in the staff report (Link to Staff Report and Video). After hearing the item, Planning Commission determined the proposed uses of a vacation rental and wine tasting facility were not compatible with the surrounding residential uses due to their operational characteristics including noise and increased congestion. The Planning Commission adopted a resolution denying the project on May 16, 2024 (Link to Staff Report and Video).

On May 28, 2024, the property owner submitted a timely appeal. The property owner filed the appeal to request reconsideration of Planning Commission’s denial of their application and provide direction to staff on policy issues related to the Adaptive Reuse Ordinance. The initial public hearing on July 17, 2024 was continued without hearing the item to September 4, 2024.

On September 4, 2024, (Link to Staff Report and Video) the City Council heard the applicant’s appeal for a Use Permit Amendment (UA-23-40) and Wine Tasting Permit (WTUP-24-1) that sought authorization for a vacation rental and wine tasting facility at 301 First Street West under the Adaptive Reuse provisions of the Sonoma Municipal Code (SMC). The City Council requested additional information on the use of the Adaptive Reuse Ordinance over time and additional information regarding its application before making a final decision on the appeal and continued the hearing to October 2, 2024. Because the October 2, 2024 meeting was cancelled, staff re-noticed the public hearing for October 21, 2024.

Prior to the Hearing on October 21, 2024 (Link to Staff Report and Video) the Appellant’s attorney provided a letter stating their willingness to remove the appeal on the vacation rental Agenda Item #8.1:

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but maintain the appeal on the wine tasting use permit. At the City Council meeting public comment was provided and the City Council moved to (1) deny the appeal as to the vacation rental use based on its withdrawal by the applicant, and (2) approve the appeal as to the wine tasting use permit based on the findings included in staff’s proposed resolution before the planning commission and including the conditions of approval proposed by the applicant as well as the following conditions regarding bike spaces, invitation only limits and total occupancy limits. The Council further moved to direct staff to prepare a resolution to that effect, including approval of a Categorical Exemption pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and Section 15331 (Class 31 - Historical Resource Restoration/Rehabilitation), and continue the public hearing on this matter to the November 6 regular city council meeting for final action on the resolution.

On October 28, 2024, staff received a revised floor plan and narrative for the proposed wine tasting use (attached). Staff has incorporated operational characteristics for the retail and wine tasing uses and clarified the use of the outdoor area, including the pool, is limited to the residences and not the business operations into the conditions of approval (attached). In addition, the conditions of approval from 2018 approval have been incorporated into the new conditions of approval as applicable.

Recommended Council Action
Move to adopt the attached City Council Resolution, titled “A Resolution of the City Council of the City of Sonoma Affirming in Part and Denying in Part an Appeal of the Planning Commission’s Decision on May 16, 2024 Denying the Amendment to the Use Permit (UA 23- 40) And Wine Tasting Use Permit (WTUP 24-1) Applications of Michael Ross at 301 First Street West (APN 018-161-042), Setting Aside the Planning Commission’s Resolution and Approving the Use Permit (UA 23-40) and Wine Tasting Use Permit (WTUP 24-1)." Alternative Actions
Council discretion.

Financial Impact
There is no financial impact.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
CC Reso Approving Appeal Cooperage
Draft Conditions of Approval Cooperage
Stone Edge Winery Project Narrative
Plan
Agenda Item #8.1:

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1 City of Sonoma
RESOLUTION # _______ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AFFIRMING IN PART AND DENYING IN PART AN APPEAL OF THE PLANNING COMMISSION’S DECISION ON MAY 16, 2024, DENYING THE AMENDMENT TO THE USE PERMIT (UA 23-40) AND WINE TASTING USE PERMIT (WTUP 24-1) APPLICATIONS OF MICHAEL ROSS AT 301 FIRST STREET WEST (APN 018-161-042), SETTING ASIDE THE PLANNING COMMISSION’S RESOLUTION AND APPROVING THE USE PERMIT (UA 23-40) AND WINE TASTING USE PERMIT (WTUP 24-1)
WHEREAS, Michael Ross submitted an application for a Use Permit on December 26, 2023 and a Wine Tasting Use Permit on January 18, 2024 for a vacation rental and wine tasting facility at 301 First Street West (APN 018-161-042) (“Project”); and WHEREAS, the Planning Commission held a duly noticed public hearing on April 18, 2024, to consider the Use Permit and Wine Tasting Use Permit and hear testimony in favor of, and in opposition to, the Project, at the conclusion of which the Planning Commission determined it could not make the findings necessary for approval and provided direction to staff to return to the Planning Commission with a resolution for denial; and
WHEREAS, on May 16, 2024, the Planning Commission approved a resolution for denial for the Project; and
WHEREAS, on May 28, 2023, Leslie McQuown, Owner (“Appellant”), filed a timely appeal of the Planning Commission’s decision to deny the amendment to the Use Permit to allow a vacation rental and a wine tasting permit; and
WHEREAS, the City Council held a duly noticed public hearing for the Appeal on July 17, 2024, which was continued to September 4, 2024; and
WHEREAS, the City Council held a continued public hearing for the Appeal on September 4, 2024, and requested staff return with additional information regarding the previous use of the Adaptive Reuse Ordinance and continued the hearing to October 2, 2024; and WHEREAS, because the City Council meeting on October 2, 2024, was cancelled, staff noticed the public hearing for the Appeal on October 21, 2024; and WHEREAS, the Appellant’s attorney Michael Woods submitted a letter on October 17, 2024, amending their appeal request to withdraw the appeal of the denial of the vacation rental request but maintaining the appeal for the wine tasting use permit request; and WHEREAS, the City Council held a duly noticed public hearing for the Appeal on October 21, 2024, and, after hearing presentations from the Appellant and public comments on the appeal, moved for staff to return with a resolution and findings of approval for a Use Permit and Wine Tasting Use Permit through the Adaptive Reuse Ordinance and continued the hearing to November 4; and
WHEREAS, the City Council held a continued public hearing for the Appeal on September 4, 2024.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma:

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2 I. Record

1. The record of proceedings (“Record”) upon which all findings and determinations related to the Project includes, but is not limited to:
a. The technical reports and all other documents relied upon for the proposed Categorical Exemption;
b. The staff reports, City files, records and other documents, and all other information (including written evidence and testimony) prepared for and/or submitted to the Planning Commission and/or City Council relating to the Project; c. All information (including written evidence and testimony) presented to the City by the staff, applicant, public, environmental consultants and sub consultants relating to the Project;
d. All information (including written evidence and testimony) presented to the City by other public agencies relating to the Project;
e. All documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the City relating to the Project; f. For documentary and information purposes, the General Plan, its related environmental document, the Sonoma Municipal Code and all other City-adopted land use plans and ordinances, including, without limitation, specific plans, guidelines and ordinances; g. All other matters of common knowledge to the City Council, including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the City of Sonoma and its surrounding areas;
h. The evidence, facts, findings and other determinations set forth in this resolution; and i. All other documents comprising the record of proceedings pursuant to California Code of Civil Procedure Section 1094.5.

2. The findings contained in this Resolution are based upon the evidence in the entire Record relating to the Project. All the evidence supporting these findings was presented in a timely fashion, and early enough to allow adequate consideration by the City. References to specific reports and specific pages of documents are not intended to identify those sources as the exclusive basis for the findings.

The custodian of the documents and other materials that constitute the record of proceedings on which the City’s decision is based is the City Clerk, or designee. Such documents and other materials are located at Sonoma City Hall, No. 1 The Plaza, Sonoma, CA 95476.

II. Decision

1. On the basis of the Record before it, the City Council hereby DENIES the appeal filed by the Appellant as to the vacation rental use because Appellant has withdrawn her appeal as to the Planning Commission’s denial of that use.

2. On the basis of the Record before it, the City Council hereby AFFIRMS IN PART the appeal filed by the Appellant and set asides the Planning Commission’s decision to DENY the Project as to the wine tasting use for the following reasons:
a. The Project, as amended, is consistent with the General Plan, Municipal Code, and CEQA Guidelines;
b. The appeal provides sufficient evidence to substantiate the claims made therein, Agenda Item #8.1:

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3 including those regarding the applicability of the Adaptive Reuse Ordinance to the wine tasting use as conditioned herein;
c. The Project, as amended, meets the findings for a Conditional Use Permit, Adaptative Reuse Findings and the Wine Tasting Use Permit set forth in this Resolution, as set forth in the project narrative and project plans dated October 28, 2024, subject to the Conditions of Approval attached hereto and incorporated herein by reference.

3. City of Sonoma determines that the Project, as amended, is categorically exempt from the requirements of the California Environmental Quality Act (“CEQA”) per Section 15301, Class 1 because it entails minor changes in use to an existing building and Section 15331 (Class 31 - Historical Resource Restoration/Rehabilitation) because the project would support the commercial use of the structure in the Historic Train District.

III. Use Permit Approval Findings
As set forth in §19.54.040.E of the Development Code, the City Council hereby makes the following findings necessary to approve the Use Permit:

1. The proposed use is consistent with the General Plan and any specific plan; The property is designated Medium Density Residential by the General Plan. The Medium Density Residential land use designation is intended to provide opportunities for multi-family housing and related public improvement, especially in transition areas between higher density and single-family development. A limited range of commercial uses can be considered as an adaptive reuse of historically significant buildings in the corresponding Medium Density Residential (RM) zoning district, including wine tasting facilities. The following General Plan goals and policies apply to the project:

Community Development Element, Policy 5.4: Preserve and continue to utilize historic buildings as much as feasible.

Community Development Element, Policy 5.8: Encourage the designation and preservation of local historic structures and landmarks, and protect cultural resources.

Public Safety Element, Policy 1.3: Ensure that all development projects provide adequate fire protection.

The proposal is consistent with General Plan policies that encourage the preservation of historic buildings.

2. The proposed use is allowed with a conditional use permit within the applicable zoning district and complies with all applicable standards and regulations of this development code (except for approved variances and exceptions);
Use: The property is zoned Medium Density Residential (R-M) and lies within the Historic Overlay Zone. Pursuant to SMC Section 19.42.030 (Adaptive Reuse), the adaptive reuse of historic structures within the historic overlay district, involving uses not otherwise allowed through the base zoning may be allowed subject to review and approval of a Use Permit. Only certain types of structures are eligible to utilize the adaptive reuse provisions, which include:

1. Officially Designated Structures. Those structures of officially designated historical significance as indicated by (a) listing with the State Office of Historic Preservation, or (b) listing Agenda Item #8.1:

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4 as a locally significant historic resource, regardless of whether they are located within the historic overlay zone.

2. Structures with Potential Historical Value. In addition to officially designated structures, there are other structures that may have historical value because of their age (usually more than 50 years old), and their contribution to the overall historic character of the community due to their unique architectural scale and style, use of design details, form, materials, or proportion, as may be documented through listing on the Sonoma League for Historic Preservation’s inventory of historic structures. Such structures shall only be eligible for adaptive reuse if located within the historic overlay zone and shall not be eligible for consideration as a vacation rental.

The proposed project qualifies to utilize the adaptive reuse provisions under criteria 1(b), listing as a locally significant historic resource as the project site is a contributor to the Historic Train District. The proposed uses are allowed with approval per SMC Section 19.42.030 (Adaptive Reuse).

Development Standards: The project does not include any building additions and therefore there would be no changes to setbacks, site coverage, floor area ratio (FAR), or building height.

Parking: The property currently has three on-site parking spaces. Under SMC Section E.19.48.040.F existing unreinforced masonry structures (like the Cooperage building prior to recent renovations), do not require additional parking for a new use unless the new use results in:
1) an increase in the square footage of the structure, or 2) an off-street parking requirement that exceeds one parking space for each 300 square feet of floor area. The project would not expand the Cooperage building and the new use on the ground floor for retail and a wine tasting facility does not exceed the allowable ratio of one space per 300 square feet of floor area.

As approved in 2018, one parking space was allocated to the primary residence, one space for the storage area in the barn, and one for the commercial use on the lower floor. Per SMC Section

19.48.110 (Bicycle parking requirements), a minimum of two short-term and two long-term bike parking spaces are required.

3. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; and The proposed project would support the continued historic commercial use of the project site. As conditioned, hour of operation and other use restrictions would ensure that the use is compatible with adjacent land uses.

4. The proposed use will not impair the architectural integrity and character of the zoning district in which it is to be located.

The proposed project would not modify the exterior of the existing building, and only entails interior modifications and improvements which would not affect character of the adjacent neighborhood.

IV. Adaptive Reuse Approval Findings
As set forth in § 19.42.030.E of the Development Code, the City Council hereby makes the following findings necessary to approve the adaptive reuse of an historic structure, in addition to those identified in SMC 19.54.040 (Use permits). The alteration or adaptive reuse would:

Agenda Item #8.1:

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5 1. Enhance, perpetuate, preserve, protect, and restore those historic districts, neighborhoods, sites, structures, and zoning districts which contribute to the aesthetic and cultural benefit of the city;
As discussed above, the proposed project qualifies to utilize the adaptive reuse provisions under criteria 1(b), listing as a locally significant historic resource as the project site is a contributor to the Historic Train District. The Sonoma Depot Historic District consists of late 19th- and early 20th-century commercial and residential buildings constructed in relation to the Sonoma Depot at 270 1st Street West. Located approximately one block north of Sonoma Plaza, the development of the Depot Historic District related spatially to the alignment of the former rail line (now the Sonoma Bike Path) and depot building. District contributors include seven single-family residential buildings in Folk Victorian and vernacular cottage styles, one two-story vernacular residential building, two commercial buildings (the Depot Hotel and Cooperage), and the reconstructed Sonoma Depot and surrounding open space. The proposed project would support the historic use of the property as a commercial building while maintaining residential uses on site and would support the continued integrity of the Historic Train District.

2. Stabilize and improve the economic value of historic districts, neighborhoods, sites, structures, and zoning districts; The project would support the continued commercial use of the project site and ensure that it is utilized in an economically beneficial manner that supports the integrity of the Historic Train District.

3. Preserve diverse architectural design reflecting phases of the city’s history, and encourage design styles and construction methods and materials that are compatible with the surrounding neighborhood(s);
As discussed above, the project site and Cooperage building are contributing elements to the Historic Train District. No construction is proposed at this time. The recent renovation preserved and structurally improved this structure, which supported the integrity of the Historic Train District.

4. Promote and encourage continued private ownership and utilization of structures now so owned and used; and
The current project owner was responsible for the extensive renovations completed in 2022. The proposed additional uses are being requested to partially offset the unexpected high cost of construction associated with the adaptive reuse project. Approval of the additional use would encourage other private land owners to undertake major renovation projects to historic resources.

5. Substantially comply with the applicable Secretary of the Interior Standards and Guidelines for the Treatment of Historic Properties as well as the applicable requirements and guidelines of this chapter.

There are no physical modifications proposed at this time. The recent renovation was determined to comply with the applicable Secretary of the Interior Standards for Rehabilitation.

V. Wine Tasting Use Permit Approval Findings
Agenda Item #8.1:

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6 As set forth in § 19.50.120.A.5 of the Development Code, the City Council hereby makes the following findings necessary to approve a wine tasting use permit:

1. The proposed use is consistent with the General Plan and any specific plan; The property is designated Medium Density Residential by the General Plan. The Medium Density Residential land use designation is intended to provide opportunities for multi-family housing and related public improvement, especially in transition areas between higher density and single-family development. A limited range of commercial uses can be considered as an adaptive reuse of historically significant buildings in the corresponding Medium Density Residential (RM) zone, including wine tasting facilities. The following General Plan goals and policies apply to the project:

Community Development Element, Policy 5.4: Preserve and continue to utilize historic buildings as much as feasible.

Community Development Element, Policy 5.8: Encourage the designation and preservation of local historic structures and landmarks, and protect cultural resources.

Public Safety Element, Policy 1.3: Ensure that all development projects provide adequate fire protection.

The proposal is consistent with General Plan policies that encourage the preservation of historic buildings.

2. The proposed use is allowed with a WTUP within the applicable zoning district and complies with all applicable standards and regulations of this development code (except for approved variances and exceptions);
As discussed above, pursuant to SMC Section 19.42.030 (Adaptive Reuse), the adaptive reuse of historic structures within the historic overlay district, involving uses not otherwise allowed through the base zoning may be allowed subject to review and approval of a Use Permit by the Planning Commission. The proposed project qualifies to utilize the adaptive reuse provisions under criteria 1(b), listing as a locally significant historic resource as the project site is a contributor to the Historic Train District. The wine tasting facility is allowed in the RM zoning district through the adaptive reuse provisions of the Sonoma Municipal Code.

3. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future uses in the vicinity.

The project site is zoned Medium Density Residential and is located in a transitional neighborhood which is located near the Sonoma Plaza but primarily surrounded with residential development. The site is in close proximity to several other tasting rooms on First Street West (Walt Wines, Hawk, and Auteur) as well as the Depot Hotel restaurant and bar; however, it does abut residential development. The site is surrounded by State Parks land directly to the north with single-family homes beyond, Plaza Gardens Condominium complex to the south, a single-family home and vacant lot to the east (across First Street West), and residential units within Plaza Gardens Condominium complex to the west. As conditioned, the wine tasting facility is required to comply with all applicable special use standards, which would limit hours of operation, noise, and other neighborhood compatibility issues. Therefore, the proposed wine tasting facility and Agenda Item #8.1:

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7 wine tasting bar as conditioned would be compatible with the existing and future uses in the vicinity.

4. For a WTUP in the PROD, the total number of wine tasting facilities and wine bars in the PROD, including all legal nonconforming and all existing wine tasting facilities and wine bars with a valid WTUP are less than 25 in combined total; The project site is not located in the Plaza Retail Overlay District (PROD) and the numerical limits identified in Sonoma Municipal Code Section 19.50.120 (Wine tasting facilities and wine bars) does not apply to this location.

5. For wine tasting facilities and wine bars proposed to face the Plaza on West Napa Street, First Street East, First Street West or Spain Street, there is no more than two wine tasting facilities/wine bars already located or permitted by WTUP on the block face set forth in the application. For the purpose of this subsection “block face” shall mean the block upon which the main entrance to the wine tasting facility or wine bar is located and shall include the structures located at each corner of the above mentioned streets as depicted in figure A below;
The proposed location of the wine tasting facility is not located adjacent to the Sonoma Plaza or within the PROD. Therefore, these numerical limitations do not apply to the project site.

Agenda Item #8.1:

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8 6. The proposed use will not adversely affect the welfare of the area residents, or result in an undue concentration of establishments dispensing alcoholic beverages in the area.

7. The proposed use is located at an appropriate distance from:

Agenda Item #8.1:

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9 a. Potential sensitive or incompatible uses such as religious facilities, schools, public parks and playgrounds, and other similar uses; and
b. The size and proposed activity level of the use will be compatible with the uses, and/or character of, the surrounding area.

The proposed site is not located near any religious facilities or schools but is across the street from Depot Park. The limited size of the proposed tasting room and conditions of approval which include limits for hours of operation by appointment, hours of operation for the general public, and special events would ensure that the neighborhood would not be impacted by the proposed project.

8. The proposed use will not impair the architectural integrity and character of the zoning district in which it is to be located.

The proposed use will not impair the architectural integrity and character of the zoning district as external modifications are not proposed.

VI. Project Approval and Effective Date

1. Based on the findings set forth in this Resolution, the City Council hereby grants approval of a Use Permit and Wine Tasting Use Permit as set forth above, subject to the Conditions of Approval attached hereto and incorporated herein by reference.

2. Under SMC Section 19.84.040, this decision of the City Council is final and is effective on the date of adoption.

RESOLVED AND ADOPTED this ___________________, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
John Gurney, Mayor
ATTEST:
_________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #8.1:

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379432.1
DRAFT
City of Sonoma City Council

CONDITIONS OF PROJECT APPROVAL
Adaptive Reuse Use Permit and Wine Tasting Use Permit – 301 First Street West November 6, 2024

1. This Use Permit (UA 23-40) and Wine Tasting Use Permit (WTUP 24-1) amends the prior approval for the Use Permit for the Adaptive Reuse and Exception to the covered parking requirement to allow limited retail use and authorize the use of the property for a wine tasting facility at 301 First Street West. The lower level of the Cooperate Building would be used for retail and wine tasting. The upper level and accessory dwelling unit shall be used for residential purposes only. The property shall be operated in substantial conformance with the project narrative plans, except as modified by these conditions. Building Permit Plans shall be in conformance with the project narrative (dated October 28, 2024) and project plans (dated October 28, 2024), except as modified by these conditions.
a. Commercial use of the ground floor of the Cooperage building shall be limited to wine tasting and retail use consisting of a lifestyle retail store that curates, displays, and sells unique or one-of-a-kind home furnishings, clothing, artwork, fabrics, retail wine sales and other similar products. b. The hours of operation for the retail shop (i.e., business hours open to clients, customers, and/or the public) shall be limited to 11 a.m. to 6 p.m. six days a week. c. Ongoing compliance with applicable requirements and licensing of the California Department of Alcoholic Beverage Control and the Sonoma County health department is required. d. Hours for visits for wine tasting shall be by appointment only and shall not exceed 11 a.m. to 6 p.m. six days a week. Walk in wine tasting shall not be allowed. Appointments will number no more than three per day with group size ranging from 2 – 8 people at a time with a maximum of 24 wine tasting guests over the course of a day. The total combined employee count shall be from 2 – 4 persons. e. Invitation-only (e.g., wine club events, marketing lunches, and winemaker dinners) functions shall be limited and shall occur no more frequently than 18 times per calendar year and no more than one time per week. Hours for invitation only functions shall occur only between 11 a.m. to 9 p.m. six days a week.
f. Outdoor commercial special events and amplified live music shall be prohibited. g. No outdoor seating is permitted.
h. All activity shall be limited specifically to the activity described in the WTUP. No expansion, enlargement of the area of use, or relocation/reconfiguration of any number of tables or seats shall be permitted without an issuance of amendment to the WTUP by the Planning Commission. i. The WTUP shall be exercised within one year from the date of approval or the permit shall become void, unless an extension is approved in compliance with Chapter 19.56 SMC, Permit Implementation, Time Limits, Extensions.

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j. The WTUP shall run with the land and continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application, provided that the use allowed pursuant to such WTUP remains in continuous operation at the subject site without interruption or abandonment. It shall be conclusively presumed that such use has been interrupted or abandoned if such use is discontinued for a period more than sixty (60) calendar days. In the event any of the following circumstances, the WTUP shall expire and be of no further force and effect: (1) the discontinuance of the Wine Tasting Facilities or Wine Bar use for a period more than sixty (60) calendar days; or (2) the establishment of a different use at the site. k. In all building permit and business license applications, the description of the premises shall match that provided to and approved by the California Department of Alcoholic Beverage Control. l. The conventional kitchen within the employee breakroom at the back of the retail shop on the ground floor of the Cooperage shall be for the exclusive use of employees. No food shall be prepared in the breakroom or kitchen for public consumption, except for snacks incidental to wine tasting. The "snack" kitchen shall be subject to approval of Sonoma County Dept. of Environmental Health. m. Use of the onsite swimming pool shall be limited to the residents and guests of the Cooperage/Ice House second floor residence and ADU only. Wine tasting, gathering or commercial use of the swimming pool or surrounding exterior areas will be prohibited for commercial or retail uses. n. Signage shall be subject to a separate review and approval process. o. The site plan shall be amended to include two short term bike spaces and two long term bike parking spaces.
p. Further use of the property for short-term, vacation rental purposes shall be prohibited.

Approval of this permit becomes effective immediately after this approval. Once effective, this approval must be exercised within one year unless an extension is approved in compliance with Chapter 19.56 of the Sonoma Municipal Code.

Enforcement Responsibility: Planning Department
Timing: Prior to Operation or Issuance of a Building Permit and Ongoing

2. Indemnity, Fee Notice, and Time Limitations:
a. The applicant/developer and any successor in interest, whether in whole or in part, shall defend, indemnify, and hold harmless the City and its agents, officers, attorneys, and employees from any claim, action, or proceeding brought against the City or its agents, officers, attorneys, or employees to attack, set aside, void, or annul the City Council’s decision at issue herein, including any approval of any portion of the project or the environmental review document(s) for the Project. This indemnification shall include damages or fees awarded against the City, if any, costs of suit, attorney’s fees, and other costs and expenses incurred in connection with such action whether incurred by the developer, the City, and/or parties initiating or bringing such action. b. The applicant/developer and any successor in interest, whether in whole or in part, shall defend, indemnify, and hold harmless the City, its agents, employees, and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, preparing, redrafting, revising, or amending any document (included but not limited to any environmental document or study), of made necessary by said legal action and the developer desires to pursue securing such approval, after Agenda Item #8.1:

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initiation of such litigation, which are conditioned on the approval of such documents in a form and under conditions approved by the City Attorney.
c. In the event that a claim, action, or proceeding described in subsection number a or b above is brought, the City shall promptly notify the developer of the existence of the claim, action, or proceeding, and the City will cooperate fully in the defense of such claim, action, or proceeding.

Nothing herein shall prohibit the City from participating in the defense of any claim, action, or proceeding; the City shall retain the right to (i) approve the counsel to so defend the City, (ii) approve all significant decisions concerning the manner in which the defense is conducted, and (iii) approve any and all settlements, which approval shall not be unreasonably withheld. The City shall also have the right not to participate in said defense, except that the City agrees to cooperate with the developer in the defense of said claim, action, or proceeding. If the City chooses to have counsel of its own to defend any claim, action, or proceeding where the developer has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the applicant/developer.
d. The applicant/developer and any successor in interest, whether in whole or in part, indemnifies the City for all the City’s costs, fees, and damages which the City incurs in enforcing the above indemnification provisions.
e. Unless a shorter limitation period applies, the time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 1094.6. f. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(1), the conditions constitute written notice of a statement of the amount of such fees and a description of dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

Enforcement Responsibility: Planning Department after review by City Attorney Timing: Prior to Operation or Issuance of a Building Permit

3. Exterior lighting shall conform to the California Energy Standards and standards and guidelines contained under Section 19.40.030 of the Development Code (Exterior Lighting). No light or glare shall be directed toward or allowed to spill onto any offsite areas. All exterior light fixtures shall be shielded to avoid glare onto neighboring properties and shall be the minimum necessary for site safety and security.

4. The Applicant shall pay any required increased water fees applicable to the changes in use in accordance with the latest adopted rate schedule.

Enforcement Responsibility: Public Works Dept.; Water Operations Supervisor; City Engineer
Timing: Prior to finaling any building permit; Prior to operation

5. The following agencies must be contacted by the applicant to determine permit or other regulatory requirements of the agency prior to issuance of a building permit, including the payment of applicable fees:

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a. Sonoma County Water Agency [For sewer connections and modifications and interceptor requirements, and for grading, drainage, and erosion control plans]; b. Sonoma County Department of Public Health [For closure and removal of septic tanks] c. Sonoma County Department of Environmental Health [For abandonment of wells] d. Sonoma Valley Unified School District [For school impact fees] e. Caltrans [For encroachment permits and frontage improvements on State Highway 12/Broadway] f. Bay Area Air Quality Management District (BAAQMD)
Enforcement Responsibility: Building Department; Public Works Department Timing: Prior to the issuance of any grading/building permit Agenda Item #8.1:

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6. Sonoma Valley Fire District:
a. The SVFD wants to ensure that the applicant or future purchaser of the property shall understand that any change of use permitted that alters the CA Building Code Occupancy and use classification may trigger additional requirements. Change of use will be evaluated at the time of issuance.

7. Sanitation Conditions
a. The Applicant shall pay fees to Permit Sonoma for Planning Referrals for Sewer or Water Systems Review at the current rates in effect at the time of sewer permit application and sewer permit creation to collect this fee.
b. All sanitary sewer construction shall be in accordance with the “Design and Construction Standards for Sanitation Facilities” (latest revision) by Sonoma Water, and/or specific details on approved engineered plans.
c. Applicant shall obtain a Sonoma Water Survey for Commercial or Industrial Wastewater Discharge Requirements (Survey) from Permit Sonoma and shall submit the completed Survey, along with copies of the project site plan, floor plan and plumbing plan to the Engineering Division of Permit Sonoma. The issuance of building permits is contingent upon completion of the Survey, and incorporation of any Sonoma Water requirements into the building plans. d. In accordance with Section 3.09, of the Sonoma Valley County Sanitation District Sanitation Code Ordinance when shared laterals are proposed, the owner shall write a letter to the District/Zone requesting the sharing of the laterals. If the request is granted, a ‘Declaration of Restriction and Acknowledgment’, provided by the District/Zone shall be recorded at the Recorder’s Office as required by the District/Zone.
e. Modifications including sewer pre-treatment, separate process and domestic wastewater lines, and/or monitoring facilities, required by Sonoma Water per this Survey review, shall be implemented in accordance with the requirements of Sonoma Water prior to occupancy of the proposed mixed-use space. The issuance of building permits is contingent upon completion of the Survey, and incorporation of any Sonoma Water requirements into the building plans. f. At the time of sewer construction permit issuance, the Applicant shall provide the Sanitation Section of Permit Sonoma with data related to the intended use for the purpose of correctly calculating sewer use fees, as defined by Sonoma Water Sanitation Codes. Data includes but is not limited to project site plan, floor plan and plumbing plan detailing sanitary sewer connections, floor area of the building, including tables, chairs, bar area, kitchen, kitchen work areas, sinks, bathrooms, office, etc. g. Sewer connection fees and sewer annual service fees shall be paid to Permit Sonoma prior to building permit final and temporary occupancy. No building permit final or occupancy (including temporary) shall be allowed until sewer use fees are paid.
h. Sewer fees shall be calculated at the prevailing sewer connection and annual sewer service charge rates in effect at the time of fee assessment per the Sonoma Valley County Sanitation District Ordinance (latest revision).

8. Building Department
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a. On the cover sheet, please indicate the building Design Codes applicable to this project. The City of Sonoma has adopted and enforces the following building Design Codes: 2022 California Administrative Code (CAC), 2022 California Building (CBC), 2022 California Historical Building Code (CHBC), 2022 California Existing Building Code (CEBC), 2022 California Green Building Standards Code (CGBSC), 2022 California Mechanical Code (CMC), 2022 California Plumbing Code (CPC), 2022 California Electrical Code (CEC), 2022 California Energy Code (CEC Part 6), 2022 California Fire Code and the Sonoma Municipal Code (RMC). Reference CBC Sec. 107. b. On the cover sheet, please verify the Drawing Index includes all plan sheets. Reference CBC Sec. 107.
c. On the cover sheet, provide or verify the Code Analysis includes the proposed tenant’s Use, Occupancy Group, Type of Construction, Separated or Nonseparated Mixed Occupancies, whether or not the building is Fire Sprinkled, Floor Area (S.F.), Number of Stories and Occupant Load.

Reference CBC Sec. 111, 302.1, 401, 503, 508, 601, 903 and 1004.1. d. All Building Department and CA Building Standards Code requirements shall be met.

Enforcement Responsibility: Building Department
Timing: Ongoing throughout the project.

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DLR Group inc.
a California corporation
18294 Sonoma Hwy
Sonoma, CA 95476
October 28, 2024
Wine Tasting Use Permit Project Narrative
Application Type: Wine Tasting Use Permit - Amendment to Current Use Permit Project Name: Cooperage/Ice House
Project Location: 301 1st Street West, Sonoma, CA 95476 APN: 018-161-017
Owner: Leslie McQuown
Project Architect: DLR Group|RossDrulisCusenbery - Michael B. Ross, AIA, NCARB Wine Tasting Use Permit Operational Statement
The following statement applies for the proposed Wine Tasting Use Permit (WTUP) for Stone Edge Farm Estate Vineyard & Winery (SEF) at 301 West Napa Street, Sonoma, CA.

Stone Edge Farm Estate Vineyard & Winery intends to relocate their current wine tasting use permit from 596 First Street East, Sonoma, CA to the historic Cooperage/Ice House Building at 301 First Street West, Sonoma, CA. Upon receipt of any applicable approvals from the California Department of Alcoholic Beverage Control to move SEF’s wine tasting use to the Cooperage/Ice House Building, SEF will relinquish any right to operate under its current wine tasting use permit at 596 First Street East.

Overview
SEF’s proposed by appointment only tasting room for SEF will utilize the ground floor space of the existing historic Cooperage/Ice House Building located at 301 First Street West, Sonoma, CA.

Stone Edge Farm Estate Vineyards and Winery holds a valid 02 ABC license and is a boutique premium Sonoma Cabernet Sauvignon producer that sells its limited release wines direct-toconsumer with no third-party distribution.

The McQuown family, owners of Stone Edge Farm, have long demonstrated their active commitment to sustainability and the conservation of soil, water, air, and energy resources. Stone Edge Farm is a proud recipient of the Governor’s Environmental and Economic Leadership Award (GEELA) which is California’s highest environmental honor and is the only winery to have received this award.

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Proposed use of this location is compatible with the current character of the area. SEF’s current wine tasting room operates successfully in a mixed use neighborhood without any known complaints.

Wine tasting will be limited to the interior of the ground floor of the stone building only. Excepting for the provision of a new blade sign at First Street West, and the provision of six bicycle racks, the exterior of the building will remain unchanged.

Private tastings will be hosted indoors Tuesday through Sunday 11am - 6 pm. Appointments will number no more than three per day with group size ranging from 2- 8 people at a time with a maximum of 24 wine tasting guests over the course of a day. The total combined employee count shall be from 2 – 4 persons.

The proposed retail and tasting room operations will be closed on Mondays. Other operational closures may apply. Wine tasting will be restricted to the interior of the building only. The limited guest count will not feature any exterior wine consumption that may be contrary to public welfare and morals and will not interfere with the quiet enjoyment of the area by the neighbors.

Draft Conditions of Approval
The following draft conditions of approval are proposed. a. Use of the property for short-term vacation rental purposes is not approved by this amended use permit.
b. Ongoing compliance with applicable requirements and licensing of the California Department of Alcoholic Beverage Control and the Sonoma County Department of Health Services is required. c. Retail use of the ground floor of the Cooperage/Ice House Building shall be limited to the display and sale of curated life style products consisting of unique, or one-of-a kind home furnishings, clothing, artwork, fabric, other related products, and retail SEF wine sales and other related products.
d. The hours for wine tasting visits shall be by appointment only. Walk in wine tasting shall not be allowed.
e. Wine tasting and related events shall be limited to the interior ground floor areas of the front Cooperage/Ice House Building only.
f. The conventional kitchen within the employee breakroom at the back of the retail area on the ground floor of the Cooperage/Ice House shall be for the exclusive use of employees. No food for public consumption shall be prepared in the breakroom kitchen except for snacks incidental to wine tasting. Use of the “snack” kitchen shall be subject to approval of the Sonoma County Department of Health Services.

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g. Hours of operation for public access shall be from 11:00 a.m. to 6 p.m. six days a week. h. Invitation-only functions (e.g., wine club events, marketing lunches, and winemaker dinners) shall be limited and shall occur no more often than 18 times per calendar year and no more than one time per week. Hours for invitation only functions shall occur only between 11 am – 9 pm. i. Outdoor commercial special events and amplified live music shall be prohibited. j. Use of the onsite swimming pool shall be limited to the residents and guests of the Cooperage/Ice House second floor residence and ADU only. Wine tasting, gathering or commercial use of the swimming pool or surrounding exterior areas will be prohibited for commercial or retail uses. k. All wine tasting activities shall be limited specifically to the activity described in the WTUP. No expansion or enlargement of the area of use shall be allowed without an issuance of amendment to the WTUP by the Planning Commission.
l. The WTUP shall be exercised within one year from the date of approval or the permit shall become void, unless an extension is approved in compliance with Chapter 19.56 SMC, Permit Implementation, Time Limits, Extensions.
m. The WTUP shall run with the land and continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application, provided that the use allowed pursuant to such WTUP remains in continuous operation at the subject site without interruption or abandonment. It shall be conclusively presumed that such use has been interrupted or abandoned if such use is discontinued for a period more than sixty (60) calendar days. In the event any of the following circumstances, the WTUP shall expire and be of no further force and effect: (1) the discontinuance of the Wine Tasting Facilities or Wine Bar use for a period more than sixty (60) calendar days; or (2) the establishment of a different use at the site. n. In all building permit and business license applications, the description of the premises shall match that provided to and approved by the California Department of Alcoholic Beverage Control.

Existing Building Use Summary
The following property uses apply.

Ground Floor Cooperage/Ice House Building
Wine tasting use will be added to the ground floor of the Cooperage/Ice House only. The existing limited retail use may be retained and shared with wine tasting. • Total Ground Floor Building Area: 2,532 SF inclusive of shared wine tasting, limited retail, and associated support functions.

Second Floor Cooperage/Ice House Residential Use
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The second floor of the Ice House Building shall be residential use only. • Total Second Floor Building Area: 2,532 SF
• Number of Bedrooms: two, plus a library.

Existing ADU Use
The existing ADU component of the barn shall be residential use only. • Total ADU Building Area: 800 SF
• Number of Bedrooms: 1
• Anticipated Number of Residents: 1 – 2
Existing ADU Fitness Room Shared with Non-Public Back of House Support Space The existing ADU Building totals approximately 1,631 SF of which 800 SF is assigned to the ADU residential use. The remaining ADU building area will be non-public space assigned to a resident only fitness room, mechanical room spaces and back of house support functions for the wine tasting/retail use.
• Total Fitness/Back of House Building Area: +/- 504 SF. • Total Mechanical Room & Support Space: +/- 327 SF (Unchanged)

PARKING PLAN
This application utilizes the Development Code's Unreinforced Masonry Structure parking credits (SMC. 19.48.040 F.) of one space per 300 SF of seismically retrofitted area previously granted in May 2018. The project site is narrow with considerable lot coverage occupied by the historic buildings severely limiting opportunities for on-site parking. The existing use permit provides three uncovered tandem residential parking spaces on site. Per the May 2018 Use Permit, all other parking spaces will be located offsite.
2024 BUILDING AREA SUMMARY
The following building area and zoning information applies.

Building Type Floor-1
(GSF)
Floor-2
(GSF)
Total (GSF)
Existing Buildings
Existing Barn
ADU
1,631 0 1,631
Existing Ice
House
2,532 2,532 5,065
Second Floor
Deck
282 282
Exterior Stair 45 45 45
Wheelchair Lift 25 25
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Building Type Floor-1
(GSF)
Floor-2
(GSF)
Total (GSF)
Total Existing 7,048 SF

ZONING DATA
Item Description Comment
Address 301 First Street West, Sonoma CA,
95476
Assessor’s Parcel
#
018-161-017
Zoning: Residential Medium Density
Downtown Planning District
Building Setbacks Front and street: 15' or in line with existing structures. Existing: Aligns
with existing structures.

Side: 5'. Existing: Existing nonconforming South = 0', North = 19'-9".

Rear: 20' Existing: Existing nonconforming = 0'.

The Historic Building Code was
applied to preserve nonconforming historic windows at
property line.

Building Height 30’ allowable. Existing 26' Unchanged this application Lot Area 8,180 SF Unchanged this application
Ice House Current
Building Area
5,417 SF Unchanged this application
Barn ADU Area 1,631 SF Unchanged this application
Total Existing
Building Area
7,048 SF Unchanged this application
Current Site
Coverage
4,649 SF = 56.83% Unchanged this application
FAR Allowable 50% Total Site Area or 4,090 SF Unchanged this application Current FAR 86% Existing non-conforming
Fire Sprinklered Yes Unchanged this application
Open Space 3,800 SF Unchanged this application
Landscape
Features
Fenced garden courtyard, swimming
pool, bike racks, automatic vehicle
gate, signage, lighting, utility yard.

Unchanged this application
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Submitted by:

Michael B. Ross, AIA, NCARB
Principal
DLR Group|RossDrulisCusenbery
Sonoma, CA
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LIFESTYLE RETAIL & WINE TASTING ROOM
100
LOUNGE
101
(E) BATHROOM
103
TRASH
111

KITCHEN
102
(E)
Residential Parking
Well
RETAIL
101A
(E)
Employee
Breakroom
Kitchen
Residential Entry
Wine Tasting Table
Retail Retail Retail

FIRST STREET WEST
Retail Entry
Retail Retail Retail Retail
Retail Retail
Retail
Wine
Service
Bar
P.O.S.

Point of
Sale
(E)
Residential Parking
(E)
Residential Parking
6 Bike Racks
H.C.

H.C.

PROPOSED RETAIL / WINE TASTING FLOOR PLAN
301 1st Street West, Sonoma
October 28th, 2024 USE PERMIT_A0.03
1/8" = 1'-0" 1 WINE TASTING / RETAIL FLOOR PLAN
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City of Sonoma
Agenda Item Summary
Meeting: City Council - 06 Nov 2024
Department
Administration
Staff Contact
David Guhin, City Manager
Agenda Item Title
Public Hearing to Consider Adopting a Resolution Declaring Results of Majority Protest Proceedings to Renew the Sonoma Tourism Improvement District Summary
At the Council Meeting of August 21, 2024, the City Council adopted Resolution 59-2024 declaring its intention to renew the Sonoma Tourism Improvement District (STID) and scheduling a public meeting and a public hearing.

The public meeting was held on September 18, 2024, allowing members the opportunity for members of the public to provide comments on the renewal of the STID and levy of assessments.

BACKGROUND
The STID is a benefit assessment district proposed to continue a revenue source to help fund marketing and sales promotion efforts for the City of Sonoma (City) lodging businesses. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed lodging businesses. The renewed STID includes all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City.

Lodging business owners decided to pursue renewal of the STID in order to continue a revenue source devoted to marketing Sonoma as a tourist, meeting and event destination. If renewed, the STID would generate approximately $1,000,000 on an annual basis for promotion of travel and tourism specific to the City.

TOURISM IMPROVEMENT DISTRICTS
Tourism Improvement Districts (TIDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow lodging business owners to organize their efforts to increase tourism. Lodging business owners within the TID fund the TID, and those funds are used to provide services that are desired by and benefit the lodging businesses within the TID.

TID benefits:
 Funds cannot be diverted for other government programs;  They are customized to fit the needs of each destination; Agenda Item #8.2:

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 They provide a wide range of services; including: destination marketing, tourism promotion, and sales lead generation;
 They are designed, created and governed by those who will pay the assessment; and  They provide a stable funding source for tourism promotion.

In California, TIDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of special benefit assessment districts to raise funds within a specific geographic area. The key difference between TIDs and other special benefit assessment districts is that funds raised are returned to the private nonprofit corporation governing the TID.

MANAGEMENT DISTRICT PLAN
The Management District Plan (Attachment 1) includes the proposed boundary of the STID, a service plan and budget and a proposed means of governance. The STID will include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the City of Sonoma.

The annual assessment rate is two percent (2%) of gross short-term sleeping room rental revenue. Assessments will not be collected on: stays of more than thirty (30) consecutive days, stays by federal or state employees on official business, nor on stays by any officer or employee of a foreign government on official business.

The renewed STID will have a ten (10) year term, beginning July 1, 2025, or as soon as possible thereafter, and ending ten (10) years from its start date. The assessment will be implemented beginning July 1, 2025. Once per year beginning on the anniversary of STID renewal there is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the STID.

The City will be responsible for collecting the assessment on a monthly basis from each lodging business located in the STID boundaries. The City shall forward the assessments to the Sonoma Tourism Improvement District Corporation, which will have the responsibility of managing STID programs as provided in the Management District Plan. The City shall be paid a fee equal to one percent (1%) of the amount of assessment collected to cover its costs of collection and administration.

STID RENEWAL PROCESS
August 21, 2024 RESOLUTION OF INTENTION HEARING - Completed Upon the submission of a written petition, signed by the business owners in the renewed district who will pay more than fifty percent (50%) of the assessments proposed to be levied, the City Council may initiate proceedings to renew a district by the adoption of a resolution expressing its intention to renew a district.

Petition Status: Petitions in favor of STID renewal were submitted by lodging businesses, which represent over 50% of the total STID assessment. This majority petition allows the Council to initiate proceedings for STID renewal at the August 21, 2024, meeting.

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August 30, 2024 NOTICE - Completed
The 94 Law requires the City to mail written notice to the owners of all businesses proposed to be within the STID. Mailing the notice begins a mandatory forty-five (45) day period in which owners may protest STID renewal.

Sept 18, 2024 PUBLIC MEETING - Completed
Allow public testimony on the renewal of the STID and levy of assessments. No City Council action required.

Nov 6, 2024 FINAL PUBLIC HEARING
If written protests are received from the owners of lodging businesses in the renewed STID which will pay fifty percent (50%) or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the City Council.

If the City Council, following the public hearing, decides to establish the renewed STID, the City Council shall adopt a resolution of formation.

Recommended Council Action
Hold the final hearing, declaring results of the majority protest proceedings, and adopt the resolution renewing the Sonoma Tourism Improvement District (STID) and the levy of assessments on lodging businesses.

Alternative Actions
The City Council could choose not to adopt the Resolution of Formation. Staff does not recommend this option.

Financial Impact
None immediately. The City will receive a fee of one percent (1%) of the amount collected to cover its costs of administration. Because the STID programs are intended to increase visitation to the City, there may be an increase in transient occupancy tax and sales tax collections.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
TID Renewal Resolution
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1 City of Sonoma
RESOLUTION # ____-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA DECLARING RESULTS OF

MAJORITY PROTEST PROCEEDINGS AND RENEWING THE SONOMA TOURISM IMPROVEMENT

DISTRICT (STID)
WHEREAS, the City of Sonoma (City) created the STID in 2012 by Resolution No. 24-2012 for a three (3) year term, and subsequently renewed in 2014 for a ten (10) year term by Resolution #50-2014 which ends on June 30, 2025; and
WHEREAS, the Property and Business Improvement District Law of 1994 (Streets and Highways Code §36600 et. seq.) authorizes the City to renew business improvement districts upon petition by a weighted majority of the business owners located within the boundaries of the district; and WHEREAS, lodging business owners who will pay more than fifty percent (50%) of the proposed assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the boundaries of the STID have petitioned the City Council to renew the STID; and WHEREAS, the renewed STID includes all lodging businesses, existing and in the future, available for public occupancy in the City of Sonoma; and WHEREAS, included with the petitions was a Management District Plan (Plan) summary that describes the proposed assessment to be levied on all lodging businesses, existing and in the future, available for public occupancy within the STID to pay for sales and marketing programs, and other improvements and activities set forth in the Plan; and
WHEREAS, the assessed lodging businesses within the STID will receive a specific benefit from the activities and improvements set forth in the Plan; and WHEREAS, on August 21, 2024 at 6:00 PM at the Council Chambers located at 177 First Street West, Sonoma, CA 95476, the City Council adopted a Resolution of Intention, Resolution #59-2024; and WHEREAS, the public meeting and public hearing to consider the renewal of the STID have been properly noticed in accordance with Streets and Highways Code §36623; and WHEREAS, on September 18, 2024 at 6:00 PM at Council Chambers located at 177 First Street West, Sonoma, CA 95476, the City Council held a public meeting regarding the renewal of the STID, and the City Council heard and received objections and protests, if any, to the renewal of the STID and the levy of the proposed assessment; and
WHEREAS, on November 6, 2024 at 6:00 PM at Council Chambers located at 177 First Street West, Sonoma, CA 95476, the City Council held a public hearing regarding the renewal of the STID, and the City Council heard and received all objections and protests, if any, to the renewal of the STID and the levy of the proposed assessment; and
WHEREAS, the City Clerk has determined that there was no majority protest. A majority protest is defined as written protests received from owners of businesses in the renewed STID which would pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighted based on the assessment proposed to be levied on each lodging business; and WHEREAS, the City bears the burden of proving by a preponderance of the evidence that an assessment imposed for a specific benefit or specific government service is not a tax, that the amount is no more than necessary to cover the costs to the City in providing the specific benefit or specific government service, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the specific benefits or specific government services received by the payor.

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2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:

1. The recitals set forth herein are adopted by the City Council as findings and they are true and correct.

2. The STID is hereby renewed for a ten (10) year term, beginning July 1, 2025, or as soon as possible thereafter, and ending ten (10) years from its start date.

3. The Plan dated July 12, 2024 is hereby adopted and approved.

4. The activities to be provided to benefit businesses in the STID will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used: to provide activities that directly benefit businesses outside the STID; to provide activities or improvements outside the STID; or for any purpose other than the purposes specified in this Resolution, the Resolution of Intention, and the Plan. Notwithstanding the foregoing, improvements and activities that must be provided outside the STID boundaries to create a specific benefit to the assessed businesses may be provided, but shall be limited to marketing or signage pointing to the STID.

5. The City Council finds as follows:
a) The activities funded by the assessment will provide a specific benefit to assessed businesses within the STID that is not provided to those not paying the assessment. b) The assessment is a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege. c) The assessment is a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product. d) Assessments imposed pursuant to the STID are levied solely upon the assessed business, and the business owner is solely responsible for payment of the assessment when due.

If the owner chooses to collect any portion of the assessment from a transient, that portion shall be specifically called out and identified for the transient in any and all communications from the business owner as the “STID Assessment” or “Tourism Assessment” as specified in the Plan.

6. The assessments levied for the STID shall be applied towards sales and marketing programs to market STID lodging businesses as tourist, meeting and event destinations, and other improvements and activities as set forth in the Plan.

7. Assessments levied on lodging businesses pursuant to this resolution shall be levied on the basis of benefit. Because the services provided are intended to increase room night sales, an assessment based on gross short-term sleeping room rental revenue is the best measure of benefit.

8. The assessments for the entire STID will total approximately $1,000,000 in year one (1).

9. Bonds shall not be issued to fund the STID.

10. The STID shall include all lodging business existing an in the future, available for public occupancy, located within the boundaries of the City of Sonoma. A boundary map is attached hereto and incorporated herein by reference.

11. The assessments shall be used for the purposes set forth above and any funds remaining at the end of any year may be used in subsequent years in which the STID assessment is levied as long as they are used consistent with the requirements set forth herein.

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3 12. The assessments to fund the activities and improvements for the STID will be collected by the City on a monthly basis, and in accordance with Streets and Highways Code §36631.

13. The City Council, through adoption of this Resolution and the Plan, has the right pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the STID as defined in Streets and Highways Code §36612.

The City Council has determined that Sonoma Tourism Improvement District Corporation shall continue to be the STID Owners’ Association.

14. Sonoma Tourism Improvement District Corporation, pursuant to Streets and Highways Code §36650, shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvement and activities described in the report. The first report shall be due after the first year of operation of the STID.

15. The STID renewed pursuant to this Resolution will be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §36600 et. seq.).

16. The City Clerk, or his or her designee, is directed to take all necessary actions to complete the renewal of the STID and to levy the assessments.

17. This Resolution shall take effect immediately upon its adoption by the City Council.

I HEREBY CERTIFY that the foregoing Resolution of Formation was introduced and adopted at a regular meeting of the City Council on the 6th day of November 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
John Gurney, Mayor
ATTEST:
______________________________
Rebekah Barr, MMC, City Clerk
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4 Boundary Map
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Sonoma City CouncilNovember 6, 2024

Sonoma City Council
November 6, 2024