HomeMy WebLinkAboutAgenda Bill 1AAttachmentA 02/08/2010A'I"T'ACIIIVIEI~'T' A
EAS'T' WAS~II1vGT®N PLACE
PIS®P®SET) AI)I)ITIOI~TAL
VES'T'ING 'I'EIV'I'A'I'IVE 1VIAP C®NDITI®NS
I. Conditions Previously Included in January 4, 2010 Vesting. Tentative Map (VTM)
Approval Draft Resolution and/or City Regulations
II. Additional Conditions Recommended by Staff
A. Additional Conditions Recommended by Staff and
Agreed to by Applicant
B. Additional Conditions Recommended by Staff
III. Items to Be Addressed as Part of Site Plan and Architectural Review by the
Planning Commission
A-I
I. Conditions Previously Included in January 4, 2010 Vesting 'Tentative
1VIap (V'T1VI) Approval Draft Resolution and/or City Regulationsl
Project signage shall
adhere to City codes and
ordinances. Approval of signage and all advertising structures is a function of
design review, IZO §24.O10.G.1.d.
Improve pedestrian VTM #72 requires specific landscape and access amenities to be
connection between the provided as part of the Swim Center. Swim center amenities
swim center and Building include landscaping amenities and fencing, solar panels, pool
A-1 cover and a relocated concession area for the swim center. The
applicant proposes dense landscape screening affecting the swim
Provide swim center and center and skate park as part of the project proposal, per Figure 4-
skate park amenities 26, added in FEIR, Chapter 3. Mitigation Measures (MM)TRA-3
and TRA-4 specify access infrastructure requirements to mitigate
Add bollards at east side traffic safety impacts to both facilities.
of Swim Center pool for Condition #72 (n) from the Parks and Rec. Dept. has been
protection amended to include "Landscape screening and buffers, including
safety bollards where applicable, at all parking areas, street
frontages, and vehicle access points."
The entire complex will be reviewed for compliance with these
conditions and mitigation measures as part of approval of
landscape improvement plans by staff and the Director of Parks
and Recreation, prior to consideration of the overall project
landscape plans by the Planning Commission as part of design
review. IZO 24.O10.G.2.
The proposed second pedestrian bicycle access to the Swim
Center will address pedestrian and bicycle connections between.
this entry area frontage and internal bicycle and pedestrian
facilities included in the project. The internal project pedestrian
access system has been considered by the PBAC and will be
further reviewed during site design and architectural review by the
Planning Commission. IZO 24.O10.G.3.
Some of the swim center amenities are being provided on a
voluntary basis by the applicant, but additional amenities at the
skate park beyond those required to mitigate identified traffic or
other impacts have not been agreed to by the applicant. Amenities
required to mitigate project impacts at the skate park are included
in VTM #72.
' /VTM =Vesting Tentative Map Conditions of Approval numbered as proposed in Draft Resolution Approving
Vesting Tentative Map, January 4, 2010 agenda packet; MM =Mitigation Measure identified in EIR. Compliance
with all M1VI is required by VTM #3.
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Ensure diffused parking MM AES-1 and VTM #10 require compliance with lighting
and building lighting requirements in Sec. 21.040.D of the IZO and include the
requirement for submittal of a lighting and photometrics plan to be
reviewed and approved by staff prior to issuance of
grading building permit. The plan will include all exterior light
locations and include details of the proposed fixture types and
lumens. The IZO requires lighting to be glare-free, hooded and
downcast in order to prevent glare.
Additional air quality General Plan policy 4-P-15.C requires development projects to
mitigations: abide by the standard construction dust abatement measures
included in Bay Area Air Quality Management District
(BAAQMD) CEQA Guidelines.
o Cover all trucks MM AQ-2
hauling soil, sand,
loose material - VTM #6, MM AQ-2
o Limit areas to be
disturbed on daily Included in BAAQMD Guidelines as Optional Control Measure
basis appropriate for large sites; agreed to by applicant. and added to
o Install wheel VTM #6
washers for all trucks
o Use add-on VTM #6; see General Plan Policy 4-P-16
control devices such
as diesel oxidation
catalysts or VTM #6, MM AQ-2
particulate filters
o Meet CARB-
certifiedstandards for
heavy duty diesel
engines
Electrical outlets for MM AQ-1 requires exterior electrical outlets for electric
landscape equipment and landscape equipment and 110 and 220 volt electrical outlets at
electric vehicles, electric loading docks and a percentage of parking lot spaces to provide
vehicle parking electric vehicle charging facilities. The type, number and location
of outlets, and the percentage. and location of the parking spaces
and charging facility details will be reviewed and approved by
staff as part of the improvement plan process.
Covered transit stop MM AQ - 1 requires Transit Division review and approval of
plans, and requires the applicant to provide amenities for modified
or new bus stops. The Transit Division Manager has indicated that
the transit stop will be covered. Compliance will be reviewed and
approved by the Division in consultation with staff in the
improvement plan process.
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Bio -2 wetlands mitigation M1VI BIO - 2' has been amended to include the following "Any off-
should be in the Petaluma site mitigation shall occur within the boundary of the Petaluma
River watershed River watershed ."
Landscape maintenance VTM #45 requires a landscape maintenance agreement.
agreement
Recycling containers The use, size,. and location of recycling containers for both
temporary construction and permanent project uses will be
coordinated with staff and `the applicant, as a component of the
improvement plan review and. approval process .and will comply
with General Plan policies. Regarding the construction phase,
General Plan Policy 2-P-122, see VTM #7)
Regarding ongoing,. operations, pursuant to General Plan Policy 4-
P-21-B, Condition VTM #7a is added, as follows: "The Project
improvement plans shall include sufficient, attractive and
convenient interior and exterior storage areas for recyelables and
green waste."
NPDES requirements MM HYDRO 1-b requires compliance with all applicable NDPES
permit provisions.
Shared parking agreement Regency is obligated to either pave a new parking area for the Fair
with Fairgrounds or provide special eventparking in the Project parking area by the
Option Agreement between 'the City and Regency Realty, Inc.,
approved.by Ordinance 2181 N.C.S. on May 17, 2004. These
terms are further defined in a separate 2005 agreement between
Regency and the Fair Association which requires Regency either
to allow event parking in the Project. commercial lot for up to five
.specified events annually, approximately three to five days each,
for a total of up to 20 days per year for as long as the Fairgrounds
uses continue at the Fairgrounds site; or pave and stripe substitute
parking spaces in the Fairgrounds Parking Lot B. The event
parking would be located in the parking area in front of Buildings
M2 - M5, fronting -along Kenilworth Drive.
Pedestrian access to west There is existing pedestrian access via East Washington ..Street.
neighborhoods (East D Current design of the Project promenade area which accesses
Street) Kenilworth provides additional potential for connectivity to the
East D Street neighborhoods in the future. Reconfiguration or
..relocation of Johnson Drive to improve connectivity to the
residential neighborhoods west of the Project in the' event of future
redevelopment of the Fairgrounds site is .possible under the
Easement Agreement between the City and Regency Realty, Inc.,
as long as the City provides a public street with. equivalent access
to the Project.
d~'~/
Relocation of the Carter Staff recommends the following.. revised .language-in place of VTM
Little League Fields #1.6: "Prior to the issue of grading permit, the applicant shall
provide the city with an executed agreement°with the Petaluma
National Little League to relocate. the Carter Little League Fields to
.the Petaluma Junior High:School per the Petaluma National Little
League/applicant approved.2006 plans ,such that the Little League
regular spring season is not disrupted."
The applicant and the Little League have agreed to this condition.
II. Addtiona9 Conditions Recommended by Staff
A. Additional Conditions Recommended by Staff and Agreed to by Applicant
Widen Kenilworth. Drive to allow for a ~ The following condition s'reeommended by staff:
center divide with. plantings and 1`O ft "The sidewalks on Kenilworth Drive shall be 10-feet
sidewalk on one side. wide. Landscaped medians shall be installed on
Kenilworth Drive`between left. turn pockets, to all
extents practiealle as deter-mined by staff through
improvement-plan submittal."
The applicant is in general agreement with this
.recommended condition, as long as it does not result
in loss of parking: spaces. or bio-swales. Staff is in
general agreement with this request, Details of the
sidewalks and landscape,:medians will be incorporated
into the improvement plans for Kenilworth Drive.
Treatment of Kenilworth Drive runoff Staff recommends the following condition:
"The storm drain system shall be revised on the
improvement plans to provide treatment; of the
Kenilworth Drive runoff "
Wayfinding signs pointing toward Staff recomm_ ends the following conditions:
Petaluma Historic..Downtown Area and
signs discouraging traffic from. entering "The applicant shall install wayfindmg signs directing
the East D Street neighborhood. customers of the. project to the Petaluma Historic
Downtown. The signage shall be installed at locations
on Johnson Drive; Kenilworth Drive, Lindberg Lane,
Lakeville Street and East Washington- Street and shall
be approved. by the City Engineer as part of-the
improvement plan. process. before submission to the
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Planning Commission as part of design review."
"The. applicant shall install ,project related signage at
locations on East Washington Street,.Payran Street
and Lindberg Lane to direct Project traffic_:to enter
and exit East Washington Place by routes which do
not enter the East D Street neighborhood. The
signage content and location shall' be approved by the
City Engineer. as part of'the improvement plan
process before submission to the Planning
Commission as part of design review."
Truck traffic prohibition on Johnson While the applicant has agreed to either a complete
Drive ban, or prohibiting truck traffic on Johnson Drive
between the hours `of 6Q0 a.m. and 9:00 p.m., there is
a current legal impediment to imposing this condition
now.
The City's ability to regulate traffic on City streets is
- limited to authority expressly granted in the California
Vehicle Code. All local traffic regulation not
expressly authorized in the Vehicle Code is
considered pre-empted by the State, and subject only
to State regulation. Because Johnson Drive is
proposed as a private easement constructed and
maintained by the applicant,.., the City .must first have
the applicant request that the City enforce the Vehicle
Code on Johnson 'Drive. Tt then. must adopt an
ordinance .authorizing City enforcement of the
Vehicle Code on Johnson Drive, and finally, the City
must amend its Municipal Code provisions in Section
11.52.070 to add Johnson Drive to the list of streets
on which truck taff c is prohibited. All of these steps
are necessary before the City can impose. a truck ban
on Johnson Drive.
Staff recommends. -that. the applicant voluntarily
provide the City its written- request. to enforce ,the
Vehicle Code on Johnson Drive, and. that thee. city
begin the process to adopt the necessary legislation.
OiUgrease traps for post construction These will be included in the-construction documents
use. for the project and will be reviewed and approved by
staff. No separate condition is~~required as these
elements will be incorporated into plans.
A-b
Earlier cessation of construction hours Staff recommends the following condition:
on Sonoma/Marin Fair operating. days,
with potentially offsetting longer hours "A separate construction schedule for the period of
on other days, to mitigate any potential the Sonoma-1Nlarin Fair operating days will be .
impact on Fair operations. submitted. for review and approval by staff after
consultation with applicant and fairgrounds staff.
Any such schedule may shorten afternoon
construction hours, but may not extend construction
hours beyond those otherwise permitted by generally
applicable. City regulations."
Disaster/Emergency Response Plan Staff recommends the following condition: "The
applicant shall submit an Emergency Response Plan
(ERP) for review and approval by the Fire Marshal
and staff prior to certificate of occupancy for the first
project building. The ERP shall outline evacuation
procedures for. project~tenants and customers both on
and off site, and shall identify evacuation and
emergency response and supply locations. Project
tenant managers shall be CERT trained or retain
access to CERT-trainedstaff. Copies of the approved
ERP shall be:kept on file with police, fire, and related
emergency response agencies and shall be updated as
needed at the request of :emergency response staff.
Incorporation of solar panels and pre- Condition #8 has been revised as follows:
wiring for wind power into building "Construction documents submitted for building
design to maximum feasible extent. permits shall include pre-wiring for solar and wind
facilities, where applicable, for each of new structure
subject to staff review and approval. Solar panels
shall. be a component of individual building design to
the extent feasible, subject to review and approval by
the Planning Manager as part of the construction
document approval process:"
No bookstore over 5,000 square feet Staff recommends the following condition: "Subject
to applicable law, the projectshall not include any
retail use that contains book sales as a primary use
and is greater than :5,000 square feet of gross floor
area. This condition shall remain in fulLforce and
effect as long as there is an existing retail use
operating within the Downtown Redevelopment Area
that is comprised ofat least..5,000.square feet of gross
floor area with book sales as the primary retail use."
Local Labor shall be used in the project Staff recommends the following condition:
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to the maximum extent -feasible.
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"Subject~to applicable.law; the applicant and/or its
successors=to the Projector any portion of the
property on which the Project is located, shall use
good faith"efforts to :provide persons and business that
reside or have their"main off ces in the City of
. Petaluma opportunities for employment on the
project, and shall use local advertising, including but
not limited to local newspapers, job boards, and
existing recruitment;centers, for purposes of recruiting
temporary construction and permanent .project labor
needs. The applicant shall submit. documentary proof
of publication ancVor outreach to staff.
Local Point of Sale for Project Staff recommends the following condition:
Construction and Related Materials
"Subject to applicable law, the applicant and/or its
successors'to the Projector any portion of the
property on which the Project is constructed, shall use
commcrciallyreasonablc,,efforts to identify
responsible parties who are persons or business which
have a place of business- in the City of Petaluma that
are capable of providing those goods.and materials
that the applicant intends` to procure to construct the
proj ect and shall. use good :faith efforts to provide such
parties opportunities to supply such goods and
materials for the project .
B. Additional Conditions Recommended by-Staff '
LEED Gold certification and The applicant has stated. that they can build the project to a
requirement to use Green certifiable level of LEED Silver, .and requests that this
Building measures sufficient to condition be applied only to project buildings over which they
reduce energy-related .have direct construction control. This would exclude
greenhouse gas emissions by Buildings ~Al (the proposed Target store),. M1, M2, M3, M4,
30% compared to Title 24 M5, and M6, which account -for approximately three-fourths
standards of the retail square footage. MM AQ-4 requires LEED level
Silver and a 20% reduction in energy-related greenhouse gas
emissions compared to TItle 24 building standards.
Staff finds that these changes would not be .in substantial
conformance with Mitigation AQ-4 since that MM applies to
the Project as a whole and `requires' LEED certification.
If pit wished to do so, the Council could modify MM AQ-4 to
require Applicant. to present evidence sufficient to establish
that LEED levels have been met without formal LEED
certification, without ,lessening the mitigating effect of MM
AQ-4. Certification, while. expensive,. provides the benefit of
independent third party verf cation of compliance with
standards and .assurance that. mitigation actually is
implemented.. Without. certification, city staff would also
presumably have to -rely on the. project's professional
consultants for expertise to determine that -LEED standards
had been met.
Staff recommends that MM AQ-4 be applied as written, but
the following condition be added requiring the applicant to
include compliance with 1VIM AQ-4 in all agreements to sell,.
transfer, lease. or license. portions. of the property, so that MM
AQ-4 applies to,the Project as a whole:
"Applicant shall include a requirement to. comply with
Mitigation Measure AQ-4 in all. agreements .to sell, transfer;
lease and/or license property on which the project or any
portion of"the project will. be constructed. MM AQ-4 requires
LEED certification of ~ a't least level L_ EED. Silver and a
reduction in energy-related greenhouse gas emissions of at
least 20% compared to existing Title 24 Building Code
requirements."
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III. Items. to be Addressed as. Part of Site Plan and
Architectural I~eviewby the Planning Cotnrnissiora
Use of storypoles and/or visual The City's Site Plan and Architectural Review Guidelines
simulations and adopted Story Pole Policy will be complied with in
design review.
.Locally-made benches Staff recommends that the Council direct the Planning
Commission to encourage the Applicant as follows:
"The applicant .shall contact the Petaluma High School
administration office to request that to the extent possible,
high school students be engaged to fabricate and/or
participate in the design::of benches used in public spaces at
the Project."
The applicant has agreed to this provision, and included
outreach to students as part of its public art presentation.
Evergreens along-the freeway Staff recommends that the Council direct the Planning
Commission to consider iri its review of project landscaping
plans the inclusion ofdrought-tolerant evergreen plant
species within project frontage along the length of the
Highway 101 corridor which will reach a maturity of at least
25 feet within 10 years.
Wayfinding signs pointing Will :be reviewed.as part of design review of all project
toward.Petaluma Historic signage, and placement will be coordinated with the City
Downtown Area and signs Engineer's input regardingtraffic control.
discouraging traffic from
entering. the East D Street
neighbor-hood.
Swim .Center and Skate Park Will be reviewed in ;design review, with. all project
landscaping conditions landscaping plans; to confirm compliance. with vesting
tentative map conditions and sufficiency of landscape:ciesign
Pedestrian, bicycle and vehicle Pedestrian, bicycle and vehicle access and circulation will be
access and circulatiori conditions reviewed for the project as a whole and also regarding
relating to the Swim Centerand compliance with conditions affecting access to the Swim
Skate Park Center and Skate Park
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