HomeMy WebLinkAboutStaff Report 4.B Late Document 04 01/25/2010From: McNamara, Ryan [RyanMcNamara@regencycenters.com]
Sent: Wednesday, January 20, 2010 10:43 AM
To: -City Clerk
Cc: Knoedler, Pete; Nickelson, Ryan
Subject: 01/25/09 City Council Hearing: Agenda Item 4B
Attachments: East Washington Place -Additional Conditions of Approval for VTM.pdf
Claire & Deborah,
In regard to item 4B on the Council's January 25th agenda, attached is a letter from Regency Centers to the City Council
regarding additional conditions of approval. We would like to submit it for attachment to the staff report.
Thank you,
Ryan
Ryan L McNamara
Investment Services
~~r~
., ~ - g':'
2999 Oak Road
Suite 1000
Walnut Creek, CA 94597
925.279.1893 phone
925.766.1350 cell
rvanmcnamara anreaencvicenters.com
regencyicenters.com
please consider the environment before printing
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January 19, 2010
Petaluma City Council
The City of Petaluma
City Of Petaluma
11 English Street
Petaluma, GA 94952
RE: East Washington Place /Additional Conditions of Approval for VTM
Dear Honorable Mayor and Council Members,
Regency has worked closely with City staff to negotiate the proposed conditions of approval posed by th'e
Planning Commission and City Council. Below is a list of those conditions with Regency's response as to
whether the conditions are amenable or not to Regency and Target. We are pleased that a large amount
of these conditions can be accommodated in the project without making the project infeasible. Those
conditions which are not acceptable (marked in redl or additional conditions imposed that are
infeasible will ensure that the project will never come to fruition. We would like to note that most of
these conditions are not appropriate for a Vesting Tentative Map, but recognize the need to address these
issues now in order to move the project forward.
Additionally, we request the opportunity to verbally respond to Council's deliberations on any added
conditions beyond those in the January 4`h staff report prior to any vote taken in the upcoming January 25,
2010 Council meeting.
1. Signage shall adhere to City code -While this condition is .not appropriate for a VTM we recognize
that we have not submitted a sign program with our current application and agree that any signage not
consistent with the City's code would require future additional approvals.
2. Project shat! be Gold LEED Certified -Regency is willing to commit to build its project to a
certifiable level of LEED Silver. Such condition must only apply to the buildings under Regency's
direct control, which excludes buildings A1, M1, M2, M3, M4, M5 and M6. The tenants in these
buildings will either not be constructed by Regency or potentially have specific build-out requirements
which may prohibit obtaining LEED Silver. Regency shall use its best efforts to persuade these
tenants to reach the certifiable level of LEED Silver.
3 Within 75 years of construction the parking lot trees shall shade at least 50% of the parking lot
(calculated at high noon on August 21) -This condition is contradictory to the City's desire to
minimize water usage as it may require additional irrigation. However, Regency is amenable to this
condition as long as no parking spaces are eliminated. The project's parking count is already below
industry standards and Target has definitively said that they will not locate a store here if any parking
spaces are eliminated. Further reduction compromises the success of the project and its retailers. .
2999 OAK ROAD, SUITE 1000 . WALNUT CREEK, CA 94597 .925.279.1800 . 888.797.7348 . FAX: 925.935.5902 . REGENCYCENTERS.COM
Vacancy Tax condition to he paid for a period of 3 years -Regency and Target cannot agree to
any such condition, 1-he trade area and store projections cio not create enough incentive for Target
to agree to this kind of conCtilion, especially as many Petalurrra residents already shop at their other
locations in Rohnert Park and Novato. Please also recognize that between `target and Regency this
project will require an initial investment of approximately $70 million, which is a commitment neither
company makes without total confidence in the project's success.
20% of the pe7rking lot shah be set aside ~zs a landscape reserve to be evaluated after 12
rrroa~ths for additional parking - As previously stated the project's parking count is already below
industry standards and further reduction only compromises the success of the project and its retailers.
However, as a compromise, Regency would consider a condition that would place some
"Grass Crete" parking (approximately 175 spaces) along the perimeter of the parking lot
(please see attached site plan). This would add greenery to the parking field and help reduce
heat release from the parking lot. Otherwise, Regency cannot agree to such condition.
6. Rnmove parking around S5 and SII except irandicC~p spaces - As previously stated, the project's
parking count is already below industry standards and further reduction only compromises the
success of the project and its retailers. Fr.,rtherr7iore, the parking in question is vital to the project as
it's directly in front of the main entrances to br,iildings Al and M1. 7o remove parking from this area
directly impacts the viability of these retailers and the village core. Regency cannot agree to such
condition.
7. Widen Kenilworth to allow for a center divide with plantings and a 10 ft sidewalk on one side -
Asdiscussed with staff, one alternative would be to remove the Class II bike lane from Kenilworth and
create a 10' Class I bike and pedestrian path on the east side of Kenilworth. Regency is amenable to
this configuration as long as no parking spaces or bio-swale area is lost.
8. Create better pedesiriarr canneciion betwc;~er1 the pool facilities and building A-1 - "this condition
is not appropriate for a VTM and we feel that sufficient connection already exists with the pathway
from building S4 to front of A1. Any changes would result in lost parking which Regency cannot
agree to.
9 Treat Kenilworth run-off-Regency will agree to treat the run-off from Kenilworth as long as we do
not lose any bio-swale area which is critical to our treatment plan.
10. Permeable pavhrg where allowable -Given the project's clay soil conditions permeable paving is
not considered optimal. In addition, given that we are already providing bio-swales, bio-retention and
mechanical filtration there is no need for permeable paving. The "Grass Crete" parking spaces
described in #5 above would satisfy sorr,e of this concern. Regency cannot agree to permeable
paving.
11. Incorporate solar panels -Regency will make best efforts to incorporate solar power into the project
as feasible. Please note that Regency has also committed to providing the pool facilities with solar
panels to replace the nonfunctioning panels that exist today.
12. % of landscaping irrigation to use grey/rain water ~- Regency is already providing a public 6"
reclaimed water main ("Purple Pipe") along Kenilworth and paying sr.,bstantial fees towards the City's
reclaimed water project. Regency will agree to lay purple pipe for reclaimed irrigation for the
landscaping throughout the site ready for hook-up to the reclaimed water system when ready.
Regency also finds that the use of rain water is not feasible in this environment given the climate
conditions. Ti,ere are also health r.,onCrms regarding using grog water for irrigation. Regency cannot
agree to this condition.
~13. Sky t3ridge - 1-here is no nexus for this car~riitiOn and t~egency K,annot agree.
14. Oil/grease traps for post construction use -- Regency will agree.
15. Incorporate recycling receptacles -Regency will incorporate additional recycling .programs as long
as there are sufficient services provided by the local waste/recycling companies to support such
programs.
16. Truck traffic limited to Lindberg access only, and ban from Johnson - We recognize that the
current City municipal code allows trucks on East Washington. Since Johnson Drive will be a collector
street, trucks would' also be allowed on that street. If the Gity decides to change the municipal code to
prohibit trucks, except for local deliveries, on Johnson .Drive and is in compliance with any and all
State laws, Regency will agree to not oppose such change as long as truck access is available on
Lindberg Lane.
17. Parking lighting diffused -Regency will agree.
18. Evergreens along freeway -Regency will agree.
19. Additional AQ conditions:
a) Cover all trucks hauling soil, sand, and other loose materials or require trucks to maintain
2 feet of freet~oard -Regency will agree.
b) Limit tots! area that can be disturbed per day - It is our understanding that City staff is still
evaluating this condition, but Regency is amenable to this condition within reason and normally
limited in the project's SINPPP.
c) Install wheel washers for all exiting trucks during construction -Regency will agree.
d) Use add-on control devices such as diesel oxidation catalysts or particulate filters -
Regency will agree to the extent required by the California Air Resources Board.
e) Require ail contractors to use equipment that meets California Air Resources Board's most
recent certification standard for off-road heavy duty diesel trucks -Regency will agree to the
extent required by the California Air Resources Board.
20. Public Restrooms at Ptaza -~ This condition is not appropriate for aVTM and furthermore creates a
significant pukalic safety concern. During hours of operations, public restrooms will be provided in retail
spaces as in any typictal retail facility. 'i'o provide any public restroorn facilities outside of store hours
would create a liat?ility. Such facilities vdould he an attractive nuisance that could be used as
temporary shelter for vagrants, illegal drug distribution, or assault activities. We would assume that the
Petaluma Police Departi77enf grid its officers would concur. Reger7cy cannot agree tq such a
COtlftltfOn.
21. Traffic CircIQS on L=astly Street -- There is no nexus for this condition and'~Regency cannotagree.
22. Bollards at east side of Pool for protection -Regency will agree.
23. Any land not required by Cal-Trans is to be used as open space -Regency will agree not to
construct any additional retail or parking spaces on any land not utilized by Cal-Trans as currently
shown on the Tentative Map.
24. Additional. Skwteboard bark Amenities -- -fitere is no nexus for this condition and our project.
Furthermore, there is not sufficient space around the skate park to incorporate additional amenities.
Regency has already~agi~~ecl #o provide substantial improvements in and around the pool end skate
fac:iGties despite the,fact tii~t there is no nexus with our project. We cannot agree to thin condition,
25, 7 minute max for truck idle time -Without evidence that such condition would actually provide a
benefit Regency cannot agree to this condition. Regency will adhere to the California Air Resources
Board regulations.
26. Reallocate construction hours for days the Fair is in operation -Regency will agree.
27. Tear t~owri Clause -This i;ondition has absolutely no nexus to tfre impacts of khe project. Regency
canr7ot agree to any such condition.
City Council Conditions:
28. Story poles and visual analysis - We will agree to as directed by staff as long as such analysis
does not delay tlae project approvals.
29. Regency should redcrce their parking spaces and enter into ajoint-use parking agreement with
the pairgr~ounds to use ti7er'r parking when these spaces are most needed. Titis wilt reduce
GHG irr~paets -'Ta red~ice GNG Regency ran agree to use''Grass.Crete" as discussed in #5 rather
than asphalt for the perimeter parking spaces. Otherwise,,_we cannot a ree to this condition. To
~..
ensure the_ff~rkinr~_r~et_cls of the F~rc~ruuncls fliGre is alreac~ ~~_recUrcied agreEj7~ent in place with the
F airgrounds that rewires #legency_to_iarovicie~ p~rking_either orb F~egency~s con~r7~ercial fot or
recor~fi urin~.tt7e f=airgrounds Parking Lot f3 wttn._new paving ~rtcf sl.riping",
30. Condition that Johnson Drive configuration/access can be changed in the future by the City to
allow for grid format -Regency cannot agree to lose the access point as it is important for Target. If
the City want. to incorporate a grid pattern by creating a "T" intersection that would be fine.
31. Bike and pedestrian access to come directly off over crossing and go directly through the
project-PBAC specifically wanted the two separate. We are willing to provide the bike path as
requested by PBAC.
i2. Local labor regerirernent-Rgigency and staff have agreed to a condition to make best efforts to
encourage and facilitate the hiring of local citizens.
3>. Create a point of sale in Petaluma for construction materials so City gets the taxes -Regency
will use its best efforts fo purchase local materials but cannot guarantee this.
3~1. Restrict grocery GL1i in target ~- I"he current r_oning allouvs for grocery use. Regency and Target
cannot agree.
~S. If there is a pharirracy crse #hey should have ~~ take-back, program - Because of potential
administration and oversight problems Target will~not agree. If there are state regulations in place that
rect~rire such a program those regulations will of course be met.
3C. Provide electrical conduit and wiring for electric vehicles -Regency will agree..
~i7. Set up marketing fcrrtd ($10gi<) for comnurnity to mitigate impact on existing businesses - As
wi' discussed tl.rere is no nexus and we ca~7nr~t agro~~ to tf7is condition.
38. Require ~~ f~UF~ fgrirrciividcral tenants-- Recfency cannot agree.
39. Add speed tables on Kenilworth at entrances near pedestrian core -City staff advises against
this condition.
4p. Incorporate Emergency Response Plan - IZegeney will tr~rce.
VVe hope that this input `is helpful and that the Council will take it into serious consideration at the next
hearing. The p~oiect"will not move forward and will not be built'if the City imposes conditions tha
make theme"roiect infeasible for Target and/or Rectency. Again, we request the opportunity to verbally
respond to any additional.coriditioris deliberated upon by Council at the January 25`h hearing before
Council votes on the project. We look forward to moving the project forward.
Best~eg rds,
._~-'t'.---c~--Z. may. _-z..-----~
Pete Knoedler
Regency Centers
CC: John Brpwn, Petaluma City Manager (via e-mail)
Eric~Danly, Esq., Petaluma City Attorney (via e-mail)
Geoff Bradley, Petaluma Community Department (via e-mail)
Derek Fanner, Petaluma Community Development (via -e-mail)
Brian Treber, Target Corporation (via e-mail)
John Dewes, Target Co~porafion (via e-mail)
Ryan Nickelson, Regency Centers (via e-mail)
Judy Davidoff, Esq., Sheppard Mullin (via- email)
Attached -- "Grass Crete" Exhibit and Example
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