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HomeMy WebLinkAboutResolution 2003-215 N.C.S. 10/27/2003_. Resolution No. 2003-215N.C.S. of the City of Petaluma, California APPROVAL OF AN AMENDMENT TO THE PLANNED COMMUNITY DEVELOPMENT (PCD), MODIFIED GENERAL DEVELOPMENT PLAN AND PCD DEVELOPMENT STANDARDS FOR THE PROJECT KNOWN AS THE REDWOOD GATEWAY RETAIL CENTER LOCATED AT 1363 NORTH MCDOWELL BOULEVARD (APN 007-411-20 and 21) WI~EREAS, by Ordinance No. 1971 N.C.S., Assessor's Parcel Numbers APN 007-411- 20 and 21 comprising 16.2 acres, was rezoned in 1994 from Light Industrial-Flood Plain Combining (ML-FPC) District to Planned Community-Floodplain Combining District (PCD) to allow the Petaluma Cinemas Expansion Project; and, WI~EREAS, a planning application was filed by Robertson Properties Group, in accordance with Zoning Ordinance ,Section 19-707, requesting a PCD Amendment and modification to the approved General Development Plan to allow development of the "Redwood Gateway Retail Center." The proposed would allow the development of a 166,713 gross square foot retail center with three major tenant spaces, including 96,000 square foot anchor department store, additional retail space, and. one pad with drive-through facilities; and, WHEREAS, by action taken on September 23, 2003, the Planning Commission considered and forwarded a recommendation to the City Council to approve the PCD Amendment and Modified Development Plan; and, WHEREAS, the potential environmental impacts of the project have been considered, and proper action has been taken by the City Council in compliance with the California Environmental Quality Act (CEQA) and local governmental guidelines in that the Final Environmental Impact Report (Final EIR) prepared for the Redwood Technology Center, which assesses the environmental impact of this project, has been certified by adoption of a separate resolution; and, WHEREAS, the City Council has reviewed the modified General Development Plan and PCD Development Standards, as set forth in the attached Exhibit A, as revised or modified in accordance with the recommendations of the Planning Commission, NOW, THEREFORE BE IT RESOLVED that the City Council does hereby approve the PCD Amendment and modification to the approved General Development Plan to allow development of the "Redwood Gateway Retail Center" subject to the following conditions: Resolution No. 2003-215 N.C.S. From the Planning Commission: 1. Prior to issuance of any development permit, plans shall be reviewed and approved by the Site Plan and Architectural Review Committee. Plans submitted for final SPARC approval include but not be limited to the following: a. A photometric plan for all exterior lighting, including the building, parking lot, landscape and pedestrian lighting. Said plan shall include a detail of the types of fixtures to be installed for review and approval by the plaiming staff. The lighting plan shall be reviewed in regards to the Site Plan and Architectural Review standards for lighting as well as the fighting standards outlined in the Bike Plan (Objective O; Policy 39, 40 and 41). b. Improved pedestrian connections to adjacent Redwood Technology Center site. On-site pedestrian connections shall be improved by providing safe pedestrian crosswalks at central, convenient locations so as to allow direct pedestrian access between and among all three parcels. Pedestrian amenities, such as street furniture, landscaping and fountains, shall be provided along pedestrian circulation routes. c. Improvements to the Stubb Road secondary access. Said improvements shall include but not be limited to reconstruction of the terminus of Stubb Road at the rear parking lot entrance to provide for a safe secondary access to the site. d. The potential for "parking reserves" to be established on the site for any parking spaces in excess of City parking standards for proposed commercial uses. e. Bicycle amenities, in accordance with the City of Petaluma Bicycle Plan. £ Landscape treatment for the on-site storm detention areas that provides apark-like landscape amenity. 2. Section D of the Redwood Gateway PCD Development Standards shall be revised to reflect the following: a. Parking Requirements: The maximum number of parking spaces shall be based on the following ratios: 5 spaces/1000 square feet of floor area for Major Tenant Space A (Kohl's) 3.3 spaces/1000 square feet of floor area for all other tenant space. b. Use Size: Major Tenant Space "A" shall not exceed 98,000 gross square feet in size. Resolution No. 2003-215 N.C.S. Page 2 3. The "Build-To" envelope for Pad A shall be modified so as not to preclude access to the site from Redwood Way and from North McDowell Boulevard, as shown on the General Development Plan. From the Planning Division 4. The applicant shall be required to utilize Best Management Practices regarding pesticide/herbicide use and fully commit to Integrated Pest Management techniques for the .protection of pedestrian/bicyclists. The applicant shall be required when pesticidelherbicide use occurs that appropriate signage be installed warning pedestrians. 5. .Any work or traffic control proposed within State right-of--way will require an encroachment permit. The applicant shall be required prior to issuance of building permits to obtain any necessary permit. from Caltrans. 6. All mitigation measures adopted in conjunction with the Final Environmental Impact Report (Resolution 2003-048 N.C.S.) for the Redwood Technology Center and as identified in the approved Mitigation Monitoring and Reporting Program (MMRP) are herein incorporated by reference as conditions of project approval. 7. Upon approval by the City Council, the applicant shall pay the $35.00 Notice of Determination fee and applicable Fish & Game fees to the Planning Division. The check shall be made payable to the County Clerks. Planning staff will file the Notice of Determination with the County Clerks office within five (5) days after receiving Council approval. 8. Plans submitted for building permit shall include a plan sheet, which shall contain all conditions of approval/mitigation measures for review by the Planning Division. 9. Prior to issuance of a building permit, final plans for off-site improvements, as required by mitigation measures and conditions of approval, shall be submitted for review and approval by the City Engineer. The plans for off-site improvements shall include but not be limited to the following: a. Existing utilities in adjacent streets including connection points. Connection points and excavations in North McDowell Boulevard shall be minimized. b. Signal plans for the intersection of North McDowell Blvd. and Redwood Highway, and North McDowell Blvd. and Redwood Way, including striping and lane dimensions. c. Frontage improvements for North McDowell Blvd. and Old Redwood Highway, including typical cross sections showing lane dimensions, right-of--way lines and conforms to private property. Resolution No. 2003-215 N.C.S. Page 3 d. Construction of a raised median on North McDowell Blvd. south of Redwood Way, as shown in Figure 1 of the "Redwood Gateway Median and Access Evaluation" prepared by W-Trans, dated October 20, 2003. e. Striping and signage for existing Class II bicycle lane on North McDowell Blvd. f. Right-of--way dedication for the proposed signal and/or frontage improvements. g. Improvements to the Stubb Road secondary access. Said improvements shall include but not be limited to reconstruction of the terminus of Stubb Road at the rear parking lot entrance to provide for a safe secondary access to the site. From the En~ineerin~ Division.: 10. On-site storm drains and ponds shall be maintained by developer. On-site sanitary sewer and water lines not designated public shall be maintained by the developer. 1 L. Any existing overhead distribution utilities shall be placed underground. 12. Storm drain system design and improvement plans shall be reviewed and approved by the Sonoma County Water Agency. The 100-year storm water path through the site shall be identified on site plan. STANDARD CONDITIONS OF APPROVAL 13. All trees shall be a minimum fifteen (15) gallon size, unless otherwise specified smaller (5 gallon) may be considered in areas not subject to high pedestrian access or based on site specific and design purposes and larger (24" box sized) and installed to City planting and staking standards; trees may be required in highly visible areas; all shrubs shall be five gallon size. All planted areas not improved with lawn or other groundcover material shall be protected with atwo-inch deep organic mulch as a temporary measure until. the ground cover is established. 14. All plant material shall be served by a City approved automatic underground irrigation system. 15. All planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash, fertilizing and regular watering. Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. Required irrigation systems shall be fully maintained in sound. operating condition with heads periodically cleaned and replaced when missing to insure continued regular watering of landscape areas, and health and vitality of landscape materials. 16. Prior to issuance of a building permit, a landscape plan for the project street frontage shall be submitted for review and approval by the Site Plan and Architectural Review Committee (SPARC). Frontage landscaping and street trees shall be coordinated and Resolution No. 2003-215 N.C.S. Page 4 compatible with frontage landscaping for the adjacent Redwood Technology Center site, and shall be installed to City standards prior to the issuance of the first Certificate of Occupancy. 17. Linear root barrier systems shall be utilized for trees near public streets or walkways as needed, subject to staff review and approval. 18. All street trees and other plant materials within the public right-of--way shall be subject to inspection by the project landscape architect or designer prior to installation and by City staff prior to acceptance by the City, for conformance with the approved quality specifications. 19. All tree stakes and ties shall be removed within one year following installation or as soon as trees are able to stand erect without support. 20. All improvements and grading shall comply with the Sonoma County Water Agency's Design Criteria. 21. Public utility access and easement locations and widths shall be subject to approval by PG&E, Pacific Bell, SCWA, all other applicable utility and service companies and the City Engineer and shall be shown on the plans. 22. Underground utilities such as water meters and sewer laterals shall.. be placed under paving or as close as possible to private driveways, to avoid conflict with street tree planting locations within the street right-of--way. Transformer vaults, fire hydrants and light standards shall be located in a manner which allows reasonable implementation of the approved street tree planting plan for the project without compromising public safety. 23. All work within a public right-of--way requires an excavation permit from the Community Development Department. 24. a. Construction activities shall comply with applicable Zoning Ordinance and Municipal Code Performance Standards (noise, dust, odor, etc.). b. At no time shall future business activities exceed Performance Standards specified in the Uniform Building Code, Section 22-301 of the Petaluma Zoning Ordinance and the 1987 General Plan. 25. A separate water meter shall be provided for landscape irrigation systems or as required by staff. A separate irrigation system (i.e. "purple pipe") shall be installed for use of reclaimed water for irrigation. 26. In the event that archaeological remains are encountered during grading, work shall be halted temporarily and a qualified archaeologist shall be consulted for evaluation of the artifacts and to recommend future action. The local Indian community shall also be notified and consulted in the event any archaeological remains are uncovered. Resolution No. 2003-215 N.C.S. Page 5 27. All above-ground meters and transformers shall be shown on plans and screened with landscaping materials subject to approval of the Planning Department. Any combination of earth berms, retaining walls and landscaping may be used to accomplish said screening. 28. A reproducible copy of the finalize PCD General Development Plan and written PCD Standards incorporating all project conditions of approval, shall be submitted to the Planning Department prior to issuance of development permits. 29. The applicant shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action, or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul any of the approvals of the project, including the certification of the E.I.R. when such claim or action is brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the applicants/developers of any such claim, action, or proceeding. The City shall coordinate in the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding and if the City chooses to do so appellant shall reimburse City for attorneys fees by the City. From the Fire Marshal: 30. The minimum fire flow for this project shall be 2500 GPM at 20 pounds residual per sq. in. Proof that required fire flow is available shall be supplied to the Fire Marshal prior to construction. 31. Fire sprinkler systems installed in buildings of undetermined occupancy/use shall be designed and installed to provide a density of .33 gallons per minute per square foot, over a minimum design area of 3,000 square feet. 32. Fire hydrants shall be installed every 300 lineal feet. Fire department sprinkler connection shall be in excess of 50 feet from a fire hydrant. 33. All fire service center ground mains shall be installed and attached to the new 12" inside diameter water line on site wherever possible, thereby reducing impacts of installation on North McDowell Blvd. 34. In addition to any civil drawings, contractors installing underground fire lines shall submit two sets of the plans to the Petaluma Fire Marshal's office prior to installation. Design must be in accordance with the following City of Petaluma Standards: a. STD 850.05 main size b. 854 thrust blocks c. 857.01 fire hydrant ResoluCion No. 2003-215 N.C.S. Page 6 d. 860 temporary fire flow e. 879.01 PIV and FDC f. 880 detector checks g. Points of connection to main and sprinkler riser detail h. Hydro-test 200 psi -for 2 hours i. Detail method of flushing lines j. Ordinance 2084 requires that water lines in all commercial and industrial locations be a minimum 12" inside diameter in size. EIR Mitigation Measures to be included as Conditions of Approval 35. Mitigation Measure P®LICY-1: Operation. of the proposed project shall. include employee Transportation Demand Management programs to encourage vehicle trip reduction. 36. Mitigation Measure CIR-1: Each component of the project shall provide its fair share contribution (at the proportion for the Old Redwood Highway/ North McDowell Boulevard intersection shown in Table 7) to accomplish the following: a: Add a right turn overlap to the signal operations for the southbound right turn movement on North McDowell Boulevard to westbound Old Redwood Highway. b: Extend the northbound left turn lane on North McDowell Boulevard from its approximate current length of 500 feet to approximately 600 feet. The space needed to complete this improvement is currently a center two-way left-turn lane, and therefore will require no additional right-of--way. c: Add a center median barrier on North McDowell Boulevard between Old Redwood Highway and Redwood Way to delineate left turn pockets at the two intersections, and prohibit left turn movements into and out of private driveways along the street. segment. The developer shall receive a Traffic Impact Fee credit with respect to each of the above improvements. The amount of the credit in :each case shall be based on the developer's fair share contribution for the Old Redwood Highway/North McDowell Boulevard intersection. Such share shall be determined through negotiation with the project applicant prior to issuance of any development permit. The agreed upon fair share contribution formula shall be deemed consistent with the approved Mitigation Monitoring Report. Resolution No. 2003-215 N.C.S. Page 7 37. Mitigation Measure CIR-2: Each component of the project shall provide its fair share contribution (at the proportion shown in Table 7 for the Old Redwood Highway/101 North Ramps intersection) to accomplish the following: a. Provide an additional right. turn lane on the northbound off-ramp. b. Widen Old Redwood Highway to provide three continuous eastbound lanes between this intersection and the Old Redwood Highway/North McDowell Boulevard intersection. 38. Mitigation Measure CIR-3: Each component of the project shall provide its fair share contribution (at the proportion shown in Table 7 for the Old Redwood Highway Overpass) to the widening of the Old Redwood Highway freeway overpass to four lanes. This improvement would correspondingly provide two westbound through lanes on Old Redwood Highway at the Old Redwood Highway/101 North Ramps intersection and two eastbound through lanes on Old Redwood Highway at the Old Redwood Highway/101 South Ramps intersection. 39. Mitigation Measure CIR-4: The intersection of North McDowell Boulevard and Redwood Way shall be signalized with separate left turn phasing on North McDowell Boulevard. An additional southbound lane on North McDowell Boulevard shall be constructed between Old Redwood Highway and Redwood Way, becoming a right turn lane into the project at the North McDowell Boulevard/Redwood Way intersection. 40. Mitigation Measure CIR-5: The secondary access points to the project on North McDowell Boulevard shall be limited to right turns in and out through on-site channelization and the installation of a continuous raised median on North McDowell Boulevard along the project frontage. (Implemented by Condition 9d) 41. Mitigation Measure CIR-6: In order to create a better pedestrian scale and to encourage pedestrian trips, the proposed project shall provide: a. Sidewalk facilities along the project frontage,. including curb bulb-out extensions at the driveways. b. Pedestrian crossing improvements at the intersection of North McDowell Boulevard/ Redwood Way as part of the signal installation required by Mitigation Measure CIR- 1. These crossing improvements shall consist of crosswalk striping, a pedestrian traffic signal phase as part of the traffic signal installation and curb bulb-out extensions at the corners of the intersection. c. Anew transit shelter on the east side of North McDowell Boulevard. Resolution No. 2003-215 N.C.S. Page 8 42. Mitigation Measure CIR-7: On-site pedestrian connections shall be improved by providing safe pedestrian crosswalks at central, convenient locations so as to .allow direct pedestrian access between and among all three parcels. Pedestrian amenities, such as street furniture, landscaping and fountains, shall be included in detailed site plans for pedestrian circulation routes. 43. Mitigation Measure CIR-8a: Each building over 10,000 square feet in size shall include employee showers at a proportion detailed in Appendix A of the City's Bicycle Plan. 44. Mitigation Measure CIR-8b: Each parcel shall contain bicycle lockers and racks in the proportions established in Sections 20-301 and 20-401 of Appendix A of the City Bicycle Plan. 45. Mitigation Measure SERV-la: The use of potable water for irrigation shall be minimized. The developer shall follow the Sonoma County Low Water Use Landscaping Guidelines and/or the SCWA's handbook for the design of water conserving landscaping. 46. Mitigation Measure SERV-lb: The proposed project shall utilize low-flow toilets (as required by the Uniform Plumbing Code) and flow-reducing aerators on sinks. 47. Mitigation Measure VISUAL-1: The landscaping plan shall include natural vegetation and other landscaping features along the southern sides of Building A2 and Buildings B 1 and B2 that provides attractive landscaped views framing the buildings from Highway 101 and does not create a separation on Parcel B between the breezeway and the pedestrian trail. 48. Mitigation Measure BIO-1: Wetlands shall be created on-site and off-site at an amount at least equal in acreage to the wetlands that would be filled by the project. The detailed on-site and off-site mitigation plans shall be implemented following review and approval by the City, the US Army Corps of Engineers and San Francisco Bay Regional Water Quality Control Board. Grading or deposition of fill in jurisdictional wetland areas shall not be permitted until the applicant has submitted evidence to the City of Petaluma that authorization has been obtained from jurisdictional agencies to allow for proposed wetland fill activities, and that the Mitigation Plan for the loss of the wetlands has been approved by the jurisdictional agencies. Construction of the wetland mitigation areas shall occur concurrently with the wetland fill activities. 49. Mitigation Measure BIO-2a: Detailed surveys shall be conducted by a qualified botanist in the spring and early summer (late March early April and late May/early June) Resolution No. 2003-215 N.C.S. Page 9 to confirm presence or absence of any special-.status plant species on the off-site mitigation lands. The surveys shall be conducted according to the survey guidelines of the CDFG. 50. Mitigation Measure_BIO-2b: If any special-status plant species are encountered, appropriate mitigation plans shall be prepared and implemented in consultation with the CDFG and USFWS, depending on the status of the species. This may include modifications to the extent of proposed grading to avoid identified populations or alteration of surface hydrology, and possibly salvage and re-establishment of plant populations at alternative locations, where technically feasible. 51. Mitigation Measure HYDRO-1: The Applicant shall prepare and implement a flood management plan for the proposed project site that specifies: a. Procedures to evacuate tenants and customers from the complex should flooding hamper egress. b. Procedures to evacuate vehicles from parking areas that could experience flood depths of six inches or greater. c. Procedures to prevent access to flooded parking areas and access roads. d. The property management personnel (by position and name) that are responsible for maintaining and implementing the flood management plan. e. The plan shall be submitted to the City for review and approval prior to occupancy of any structure. 52. Mitigation Measure HYDRO-2: During the construction period, the contractor shall comply with local, state and Federal regulations pursuant to the National Pollution Discharge Elimination System regulations for General Construction Activities. 53. Mitigation Measure HYDRO-3a: Best Management Practices (BMPs) shall be implemented such as in-line oil and grease traps, sediment traps, good house keeping or other measures as described in Industrial/Commercial Best Management Practice Handbooks and Staff Recommendations for New and Redevelopment Controls for Storm Water Programs. Resolution No. 2003-215 N.C.S. Page 10 54. Mitigation Measure HYDRO-3b: Storm drain inlets shall be stenciled and signs shall be displayed or notices provided to project tenants and their clients requesting that waste or debris not be discharged into the storm drain system. 55. Mitigation Measure HYDRO-4b: Development on Parcel C (APN 007-411-20 AND 21) shall incorporate the following requirements: a. Elevate construction so that the finished floor elevation of all buildings is two feet above the 100-year flood level. b. Floodproof all utilities. c. Meet the "zero net fill requirement." d. Provide technical analysis to demonstrate that proposed grading at the site will not increase the flow rate or flood elevations upstream or downstream of the project site. 56. Mitigation Measure NOISE-la: Construction truck traffic shall use the routes which result in the least noise impact for existing developed residential receptors. Accessing the site from Highway 101 and Old Redwood Highway is recommended whenever possible. 57. Mitigation Measure NOISE-lb: During noisy phases (e.g., use of heavy impact equipment), occupants of buildings located within 100 feet of active construction areas shall be provided written notification so they can prepare for these noisy periods. 58. Mitigation Measure NOISE-lc: The construction schedule shall be posted at public locations in the project area so office occupants can prepare for any noisy construction periods.. 59. Mitigation Measure AIR-1: The Bay Area Air Quality Management District has promulgated the following set of guidelines to control impacts from fugitive dust (PM10) that results from normal construction activities. Incorporation of these control measures would mitigate construction related PM10 impacts: a. Water all active construction areas at least twice daily and more often during windy periods. Active areas adjacent to residences shall be kept damp at all times. b. Cover all hauling trucks or maintain at least two feet of freeboard. Dust-proof chutes shall be used as appropriate to load debris onto trucks during demolition. Resolution No. 2003-215 N.C.S. Page 11 c. Pave, apply water at least twice daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas. d. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas and sweep streets daily (with water sweepers) if visible soil material is deposited onto the adjacent roads. e. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (i.e., previously-graded areas that are inactive for 10 days or more). f. Enclose, cover, water twice daily, or apply (non-toxic) soil binders to exposed stockpiles. g. Limit traffic speeds on any unpaved roads to 15 mph. h. Replant vegetation in disturbed areas as quickly as possible. i. Suspend any activities that cause visible dust plumes, which cannot be controlled by watering. 60. Miti;;ation Measure AIR-2a: Building design techniques that reduce area-source emissions shall. be implemented. Measures shall include: a. Orienting buildings and include landscaping (e.g., shade trees) to maximize natural cooling. b. Installing centralized space and water heating and/or use of solar water heating. c. Providing outdoor electrical outlets and encourage use of electric powered landscape equipment. 61. Miti;;ation Measure AIR-2b: Measures to reduce automobile trips shall be implemented, thus reducing mobile source emissions. Measures shall include: a. Developing a rideshare program that would be implemented by all future employers. b. Constructing transit facilities such as bus turnouts and shelters that are easily pedestrian-accessible to all uses. Such facilities would have clearly legible transit routes and schedules posted. Resolution No. 2003-215 N.C.S. Page 12 c. Consulting with transit, providers during design and review to facilitate transit service to the site. d. Providing onsite or nearby retail services for future employees at the site. e. Providing onsite or nearby childcare facilities within walking distance of the site. f. Providing preferential parking to carpools and vanpools for office buildings. g. Providing protected, secure, and convenient bicycle parking for employees at all uses within the project. h. Providing a shower and locker facility for site employees that bicycle or walk. i. Providing short-term bicycle parking for retail customers and other non-commute trips that would be more convenient than auto parking. j. Providing safe and convenient pedestrian and bicycle access to all uses on the site. 62. Mitigation Measure AIR-2c Prior to the issuance of building permits, the project sponsor shall submit an air quality analysis prepared by a professional air quality analyst, which demonstrates that nitrogen oxide (NOx) emissions from direct and indirect project sources will not exceed Bay Area Air Quality Management District (BAAQMD) significance thresholds in effect at the time the study is prepared. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of t~,~~'ity of Petaluma ata ~e~ular) (Adjourned) (Special meeting form on the .......................... day of ...,......~.~....r................................., 20......, by the following vote: ••••••••• •••` ••••••••• ~~ ttorney AYES: Canevaro, Mayor Glass, Harris, Healy, Moynihan, Vice Mayor O'Brien, Torliatt NOES: None ABSENT: None ATTEST: ........................................ ~............................ City CI rk Mayor Council Fil .. X003-2.T.~ ................... Res. Nn ...................................N.C.S. EXHIBIT A PLANNED COMMUNITY DISTRICT REDWOOD GATEWAY P-C DISTRICT DEVELOPMENT STANDARDS Robertson Properties Group ("RPG") proposes to develop approximately 16.21 acres of land at the southwest corner of North McDowell Blvd and Redwood Way as a Planned Community District known as the Redwood Gateway P-C District ("District"). The land is currently developed with a movie theatre that has been closed for approximately two years. The proposed development includes demolishing the existing improvements and constructing retail and commercial uses. I. Redwood Gateway P-C District District Location: The Redwood Gateway P-C District shall consist of Assessors Parcel No. 007-411-021, located at 1363 North McDowell. District Area: Approximately 16.2 acres. District Purpose: To establish preplanning for development of this large parcel of land located in north-western Petaluma to encourage and support development of appropriate retail and service uses for the benefit of Petaluma residents and workers, and also to encourage residents from outside Petahima to shop in the City. The District is immediately adjacent to the recently approved Redwood Technology Center project, and the development standards for this District are intended to complement this adjacent development. Access: Access to the District will be from North McDowell Boulevard on the east side of the District, and an extension of Redwood Way on the north side of the District. Approximately 1.3 acres within the District will be utilized to extend Redwood Way to and through the northern edge of the property leaving less than 15 acres for development. Anew traffic signal will be constructed at the Redwood Way Extension/North McDowell Blvd intersection. II. Development Standards The following development standards shall control development within the District. These development standards satisfy the requirements of Article 19 (P-C Planned Community District) of the Zoning Ordinance of the City of Petaluma, California ("Ordinance"). A. Permitted Principal Uses. The following are the principal uses permitted in the Redwood Gateway P-C District: Resolution No. 2003-215 N.C.S. Page 14 1. All uses defined as permitted principal uses for C-H Highway Commercial Districts (Zoning Ordinance Section 13-200), as of the date the Redwood Gateway P-C District is adopted by the Petaluma City Council. 2. Retail business or service establishment of any kind, including but not limited to a clothing store, department store, furniture store, specialty retailer, bank, financial institution, pharmacy, including a pharmacy with a drive through, grocery, convenience market, fruit or vegetable store, bakery, drug store, barber, beauty shop, dry cleaning and laundry, selling goods or providing services to (a) residents and workers in the surrounding neighborhood, and (b) a larger regional area that includes Petaluma residents and also consumers .from areas outside Petaluma. 3. Business or professional offices of any kind. 4. Eating and drinking uses of any kind, either for on or off-site consumption, including but not limited to fast food restaurants, fast food restaurants with a drive through, cafe, coffee shop, retail coffee store, sandwich shop, and deli. Uses permitted within this section include take out food (whether as an accessory use to a food use, or principal use). B. Permitted Accessory Uses. The following are the Accessory Uses permitted in the Redwood Gateway P-C District: 1. Accessory uses and buildings customarily appurtenant to a permitted use, in accordance with the provisions of Section 21-201. 2. Signs, in accordance with the provisions of Section 21-204. 3. Mini telecommunications facilities in accordance with all applicable provisions of Chapter 14.44 of the Petaluma Municipal Code, which have received site plan and architectural review and approval by the Planning Director. C. Conditional Uses. The following are the conditional uses in the Redwood Gateway P-C District, in accordance with the provisions of Article 21 and Section 26-500: 1. All conditional uses allowed in any C-H Highway Commercial District as set forth in Section 13-400, as of the date the Redwood Gateway P-C District is adopted by the Petaluma Resolution No. 2003-215 N.C.S. Page 15 City Council, except for uses listed above as principally permitted uses, which shall continue to be principally permitted. 2. Hotels and motels, except for uses involving live entertainment. 3. Business and technical schools, and schools and studios for photography, art, music and dance. D. Other Controls Note: the following controls reference specific improvements, terms and conditions described in the P-C District amendment and project application and plans ("Plans') submitted on June 13, 2003. 1. Parking Requirements. The developer shall be allowed to provide a number of parking spaces within the range set forth below, depending on specific tenant requirements, for all principally permitted, accessory and conditional uses: (i) At the discretion of the developer, in order to accommodate specific tenant requirements, a minimum of four (4) and a maximum of five (5) parking spaces for each one thousand (1,000) square feet of building floor area in the entire District, except as set forth in (ii), below. In the event a major tenant within the District requires parking at a ratio of 5.0 or more spaces per thousand square feet, the parking requirement within the District shall be 5.0 spaces per thousand square feet of building floor area in the entire district. (ii) Ten (10) parking spaces shall be required for each one thousand (1,000) square feet of building floor area of each restaurant or other food use that is greater than three thousand (3,000) square feet in area. At the discretion of the developer, restaurants and other food uses less than three thousand (3,000) square feet may have a minimum of four and a maximum of 10 parking spaces per 1,000 square feet. 2. Maximum Building Heights: No building shall be higher than forty (40) feet within the District. 3. Building Setbacks: Buildings shall be set back a minimum of twenty (20) feet from all property lines. 4. Lot coverage: The maximum allowed site coverage within. the District shall be sixty percent (60%) (i.e. the ratio of building area over total site area of the District). 5. Use Size: There shall be no limitations on the size of any use within the District, so long as the use complies in all other respects with the requirements of the District. Resolution No. 2003-215 N.C.S. Page 16 6. Landscaping Setbacks: There shall be a landscape setback of at least five (5) feet from the property line to the south and to the west side of the District. There shall be a landscape setback of at least fifteen (15) feet from the property line along Redwood Way Extension and North McDowell Blvd. The Property Management. division of RPG will be responsible to provide continuous maintenance. For the purposes of this paragraph, North McDowell Blvd is considered to run north to south. 7. Grading: The site will comply with the hydrological requirements of Sonoma County Water District and Article 16 (Floodway and Flood Plain Districts) under the Ordinance. Maximum slopes to be 5-6% on paved areas. 8. Building Limit Lines: The building locations as they are currently shown on the Plans are approximate locations. Building design will be tenant specific and shall be located within the building limit boundaries ("Building Areas") shown on the Plans. Furthermore, due to a variety of physical constraints of the site (i.e. high pressure gas easements, high-voltage electrical easements, Redwood Way extension, and hydrologic flow paths) the location. and size of the Building Areas represent the only viable areas within the District for the construction of buildings. 9. Phasing: The project will be phased by building. Assuming entitlements and permits are granted in a timely manner, the developer anticipates that Major A is scheduled to open October 2004, Major B & C and corner pad A to open December 2004, Shops to lease by March 2005. Resolution No. 2003-215 N.C.S. Page 17