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HomeMy WebLinkAboutAgenda Bill Attachments A-D 06/14/2010Attachment A RESOLUTION OF THE CITY OF PETALUMA CITY COUNCIL DENYING AN APPEAL BY THE PETALUMA COMMUNITY COALITION' AND ,AFFIRMING THE PLANNING COMMISSION APPROVAL OF THE SITE PLAN AND ARCHITECTURAL PLANS FOR THE EAST WASHINGTON PLACE PROJECT, ASSESSOR'S PARCEL NUMBERS 007-031-001, 007-241-002, 007-251-001, 007-473-040 WHEREAS, Regency Petaluma, LLA, submitted an application for Site Plan and ectural Review for the purposes of developing a 33.74-acre property with ~imately 362,000 square feet of retail and approximately 16,000 square feet of uses for a development to be called East Washington Place, ("the Project"), and WHEREAS, at a duly noticed public hearing on April 6, -2009, the City Council '.ered the Fiscal .and Economic Impact Analysis prepared for the Project per the ions of Resolution No. 2008-189 N.C.S., and, WHEREAS, at a duly noticed public hearing on December 8, 2009, the Planning Commission adopted Resolution 2009-03A, recommending to the City Council certification of an Environmental Impact Report and adoption of a Mitigation Monitoring and Reporting .Program and Possible Statement of Overriding Considerations, pursuant to the California Environmental Quality Act ("CEQA"), and, WHEREAS, at a duly noticed public hearing on February 8, 2010, the City Council adopted Resolution No. 2010-021A, certifying an Environmental Impact Report for the Project, in conformance with CEQA, and, WHEREAS, at said hearing, the City Council adopted Resolution No. 2010- 021 B, making CEQA findings, adopting a Mitigation Monitoring and Reporting Program and adopting a Statement of Overriding Considerations pursuant to CEQA, and, WHEREAS, at said hearing, the City Council adopted Resolution No. 2010- 0216, approving a Vesting'Tentative Map for the Project and making findings, including but riot limited to consistency of the Project with the City of Petaluma General Plan 2025I("General Plan"); and WHEREAS, at: said hearing, the City Council provided direction to the Planning ssion on items to be addressed as part of the Site Plan and Architectural Review and, WHEREAS, the Site Plan and Architectural Review for the Project was conducted by the Planning Commission at duly noticed public hearings on February 23, 2010 and April 13, 2010. in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 24.010, and, -~ i WHEREAS, on April 13, 2010 after considering the public testimony and the application materials; the Planning Commission adopted Resolution 2010-04 approving the Site Plan and Architectural Plans, subject to findings and Conditions of Approval; and, WHEREAS, on April 26, 2010; the City Clerk received a Letter of Appeal ("Appeal") from the Petaluma Community Coalition challenging the Adoption of a Resolution by the Planning Commission approving the Site Plan and Architectural Plans for the Project (File: 10- APL-0162); and, WHEREAS, on June 3, 2010 public notice of the June 14, 2010 appeal hearing before the City Council was mailed to all property owners and residents within 1000 feet of the subject property and to all other interested parties, .and a notice of the June 14, 2010 appeal hearing before the City Council was published in the Argus-Courier on June 3, 2010. NOW, THEREFORE BE IT RESOLVED that the City Council, has considered all evidence .presented at the duly noticed public hearing of this appeal and/or contained in the record of proceedings on this matter, and on that basis, makes the following findings and denies the appeal of the Petaluma Community Coalition filed with the City on April 26, 2010 ("Appeal") challenging approval by the Planning Commission. of the Site Plan and Architectural Plans for the East Washington Place project, APN 007-03.1_-QO1, 007-241-002, 007-251-001, 007-473-040 ("the Project"). BE IT FURTHER RESOLVED that the City Council hereby reaffirms the Site Plan and Architectural Review approval for the Project and. authorizes construction of site improvements for the Project contained in said plans based on the findings made below and subject to conditions of approval attached as Exhibit A hereto and incorporated herein by 2. The project as conditioned will conform to the intent, goals and policies of the Petaluma General Plan 2025. The City Council determined in Resolution No. 2010-021 C that the Project, together with its design and improvements and as conditioned by said resolution, is consistent with the General Plan., Neither the modifications made to the Project in the course of Site Plan and Architectural Review nor the conditions of approval set forth in Exhibit A have modified the Project in any fashion which would create inconsistencies with the General Plan. The Project as conditioned, will not constitute a nuisance or be detrimental to the public welfare of the community because it conforms to the Petaluma Implementing Zoning Ordinance ("IZO").. The Project site is zoned MU1B, Mixed Use, and the City Council in Resolution No. 2010-021C determined that the uses proposed for the Project were consistent with the Mixed Use, MU1B zoning for the site. The project landscaping plan and provisions for tree removal and replacement are consistent with IZO Chapters 14 and 17, respectively. Neither the modifications made to the Project in the course of Site Plan 2 ~- a and Architectural Review nor the conditions of approval set forth in Exhibit A have modified the Project in any fashion which,would create inconsistencies with the IZO. 3. The proposed architecture and site plan, as conditioned, conform to the requirements of Site Plan and Architectural Review provisions of Chapter 24.010 of the Implementing Zoning Ordinance as: a. Quality materials are used appropriately and the project is in harmony and proportion to the surrounding structures; The Project employs stone, slate, and wood trim with stucco in variety of natural tones with accent color. The buildings are proportioned compatibly with retail uses across East Washington Street and active and seasonal uses of the Fairgrounds property. The largest Project structures are located at the rear of the Project, separated from the existing residential development across Highway 101 by Highway 101 freeway improvements which are also large in scale and by Project landscaping behind the Project structures. Landscape and street frontage improvements along Johnson Drive and Kenilworth Drive provide buffering and a transition from the fairly large, but single story Swim Center and the Skate Park to the adjacent two-story Project buildings SI - S4, `using open space plaza areas. b. The architectural style is appropriate for the project and is compatible with other structures in the immediate neighborhood; The Project employs a contemporary architectural style that is distinct from similar projects of scale and use. This includes layers of wall massing between primary anchor stores to create more visually interesting facades, use of broad roof overhangs, foreground arcades and covered canopies. The consistent color palette acts to unify the project while the aforementioned treatments and use of stone and slate provide distinction and add to the overall visual character. This visual character will complement other retail, commercial, recreational, and seasonal uses in the immediate neighborhood. c. The siting of the new structures is comparable to the siting of other structures in the immediate neighborhood; ' The siting of the Project structures is comparable to siting of similar structures along the Project frontages and in the immediate neighborhood. The siting of smaller structures along the Project frontages complements and does not overwhelm these other structures in the neighborhood, and the siting of larger structures toward the rear of the Project creates a tiered visual aesthetic when viewed from the immediate neighborhood. The largest Project structures are located at the rear of the 'Project, separated from the existing residential development across Highway 101 by Highway 101 freeway improvements which are also large in scale and by extensive screening from Project landscaping behind the Project structures. Landscape and street frontage improvements along Johnson 3 A3 Drive and Kenilworth Drive provide buffering and a transition from the fairly large, but single story Swim Center 'improvements and the. Skate Park to the adjacent t-vo-story Project buildings SI' - S4, using open space plaza areas. The Fairgrounds improvements including the speedway are interspersed with large open areas of parking, and have a comparable mix of structures and open areas to the Project site. d. The bulk, height, and color of the new structures are comparable to the bulk, height, and color of other structures in the immediate neighborhood; The bulk and massing of the Project has been appropriately scaled to the site and its surroundings.. Smaller-scale buildings have been placed toward the Project frontages along East Washington Street, Johnson Drive, and Kenilworth Drive across from similar-scaled buildings for retail and related uses as well as the Swim Center and Skate .Park. Building placement along the Project's E. Washington Street frontage is designed to fulfill the policies for the E. Washington Corridor Sub-Area in the General Plan 2025, which prescribe a desired urban frontage type and scale for this Project frontage. The smaller bulk, height and design of the Project features along East Washington Street, Johnson Drive and Kenilworth Drive will complement adjacent structures in the immediate neighborhood. The largest Project structures are located at the rear of the Project, separated from the existing residential development across Highway 101 by Highway 101 freeway improvements which are also large in scale and by extensive screening from Project landscaping behind the Project structures. Landscape and street frontage improvements along Johnson Drive and Kenilworth. Drive provide buffering and a transition. from the fairly large, but single story Swim Center and the Skate Park to the adjacent two-story Project buildings SI - S4, using open space plaza areas. The scale of the improvements at the Fairgrounds such as the speedway is an adjacent large structure. and use within the immediate neighborhood and is comparable to the proposed project in terms of bulk and height. Color palettes have been selected which emphasize natural and earth tones compatible with surrounding structures. e. The landscaping is in keeping with the character and design of the site; and The Project includes numerous landscape elements, include a wide variety of trees, hedges, shrubs and flowering plants that will provide aesthetic and shade features for project users and will complement the overall site design. Landscaping will be drought-tolerant and will feature tree species that are compatible with local climate and soil conditions. f. Ingress, egress, internal traffic circulation, off-street automobile and bicycle parking facilities and pedestrian ways have been designed- to promote safety and convenience. 4 n- ~ ,The Project provides multiple ingress and egress locations for maximum vehicular traffic efficiency and circulation. The internal traffic circulation will largely separate truck/delivery vehicles from pedestrian and bicycle users, and internal pathways and site design will optimize pedestrian and bicycle use to all aspects of the project. The applicant has f led a written request that the City enforce the state Vehicle Code on Johnson Drive. This will allow the City to restrict truck traffic on Johnson Drive and reduce noise and traffic impacts from Johnson Drive and connecting roads for users of the Swim Center and Skate Park, pedestrians and bicyclists because it is anticipated that trucks will be using the southerly-most driveway to the south of Building M6 as the primary project ingress/egress for truck trips and deliveries. This will be facilitated by use of a continuous driveway connecting from .this ingress/egress point behind the rear of Building M6 connecting with the other anchor tenants per the request of the Planning Commission. Conditions of approval related to the Swim Center and Skate Park include landscaping and related design features designed to upgrade these facilities and provide noise, aesthetic and safety buffers from projected project traffic. See Mitigation Measures (MM) TRA-3 and TRA-4, Vesting Tentative Map approval Condition #82 (n). Mitigation TRA-4'in the adopted Mitigation Monitoring and Reporting Program requires site plan and intersection safety features addressing concerns for safe and unimpeded pedestrian and bicycle access to the project. Conditions of approval in City Council Resolution 2010-021 C and in Planning Commission Resolution 2010- 04 include intersection and crosswalk improvements featuring in pavement flashing lights and bicycle-sensitive loop detectors, maximum use of Class I and II pathways where feasible, and internal connections between project uses. In addition, the project has been designed to incorporate the Highway 101 pedestrian overpass in a manner that. incorporates this cross-city connection into a central project gateway for maximum. pedestrian and bicycle access visibility. Bicycle parking facilities have been provided at key project locations and vehicular parking has been provided per all applicable provisions of Chapter 11 of the Implementing Zoning Ordinance. 5 (~-5 ',XHIBIT A -CONDITIONS OF APPROVAL 1 2 3 4. 5 Before issuance of any development permit, the applicant shall revise the site plan or other first sheet of the office and job site copies of the Building Permit plans to list these Conditions of Approval and the Mitigation Measures from the Mitigation Monitoring Program in the Final Environmental Impact Report (FEIR) as notes. The plans submitted for building permit review shall be in substantial compliance with the plan set date stamped March 12, 2010, unless amended per City direction. All Mitigation Measures as adopted in conjunction with the Project EIR (SCH NO. 2005052061) by Resolution No. 2010-021B. and all Conditions of Approval adopted by Resolution No. 2010-021C are herein incorporated. by reference as conditions of project approval. Prior to building permit approval, the plans shall note the installation of high efficiency heating equipment (90% or higher heating/furnaces) and low NOx water heaters (40 NOx or less) in compliance with policy 4-P-15D (reducing emissions). Prior to building or grading permit. approval, all plans shall note the following and all construction contracts shall include the same requirements (or measures shown to be equally effective, as approved by Planning), in compliance with General Plan Policy 4-P- 16: • Maintain construction equipment engines in good condition and in proper tune per manufacturer's specification for the duration of construction; • Minimize idling time of construction related equipment, including heavy-duty equipment, motor vehicles, and portable equipment; • Use alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, and; unleaded gasoline); • Use add-on control devices such as diesel. oxidation catalysts or particulate filters; • Use diesel equipment that meets the ARB's 2000 or newer certification standard for off-road heavy-duty diesel engines; • Phase construction of the project; ,and • Limit the hours of operation of heavy duty equipment. 6. PPrior to building. or grading permit issuance, the applicant shall provide a Construction Phase Recycling Plan that would address the reuse and recycling of major waste materials (soil, vegetation,, concrete, lumber, metal scraps, cardboard, packing, etc., generated by any demolition activities and construction of the project, in compliance with General Plan Policy 2-P-122 for review by the planning staff. 7. The project shall obtain LEED ,Silver certification. The proposed project will be built in accordance with Green Building standards that would reduce energy-related GHG 6 emissions by at least 20 percent from those that would occur under current Title 24 Building Code requirements. The applicant shall present these to the City prior to the issuance of a building permit. All construction activities shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and interior work only between 9:00 a.m. and 5:00 p.m. on Saturdays. Construction shall be prohibited on Sundays and all holidays recognized by the City of Petaluma, unless a permit is first secured from the City Manager (or his/her designee) for additional hours. There will be no start up of machines or equipment prior to 7:30 a.m., Monday through Friday; no delivery of materials or equipment prior to 7:30 a.m. or past 5:30 p.m., Monday through Friday; no servicing of equipment past 6:45 p.m., Monday through Friday. Plan submitted for City permit shall include the language above. 9 10 11. 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 Native American community shall also be notified and consulted in the event any archaeological remains are uncovered. The project will be subject to all applicable provisions of Chapter 17 of the Implementing Zoning Ordinance concerriing tree preservation, removal, and replacement criteria. The applicant shall incorporate the following Best Management Practices into the construction and improvement plans and clearly indicate these provisions in the specifications. The construction contractor shall incorporate these measures into the required Erosion and Sediment Control Plan to limit fugitive dust and exhaust emissions during construction. i. Grading and construction equipment operated during construction activities shall be properly muffled and maintained to minimize emissions. Equipment shall be turned offwhen not in use. ii. Exposed. soils shall be watered periodically during construction, a minimum of twice daily. The frequency of watering shall be increased if wind speeds exceed 15mph. Only purchased city water or reclaimed water shall be used for this purpose. Responsibility .for watering shall include weekends and holidays when work is not in progress. iii. Construction sites involving earthwork shall provide fora gravel pad area consisting of an impermeable liner and drain rock at the construction entrance to clean mud and debris from construction vehicles prior to entering the public roadways. Street surfaces in the vicinity of the project shall be routinely swept and cleared of mud and dust carried onto the street by construction vehicles. iv. During excavation activities, haul trucks used to transport soil shall utilize tarps or other similar covering devices to reduce dust emissions. v. Post-construction re-vegetation, repaving or soil stabilization of exposed soils shall be completed. in a timely manner according to the approved Erosion and Sediment Control Plan and verified by City inspectors prior to acceptance of improvements or issuance of a certificate of occupancy. 7 A-~- vi. Applicant shall designate a person with authority to require increased watering to monitor the dust -and erosion control. program and provide name and phone number to the City of Petaluma prior to issuance of grading permit. 12 13. 14. 15. 16. 17. 18 19 The- applicant. shall defend, indemnify and hold harmless the City and its officials, boards, commissions, agents, officers and employees ("Indemnitees") from any claim, action or proceeding against Indemnitees to attack, set aside, void or annul any of the approvals of the project to the maximum extent permitted by Government 'Code section 66474.9. To the extent permitted by Government Code section 66474.9, the applicant's. duty to defend, indemnify and hold harmless in accordance with this condition shall apply to any and all claims, actions or proceedings brought concerning the project, not just such claims, actions or proceedings brought within the time period provided. for in applicable State and/or local statutes. The City shall promptly notify the subdivider of .any such claim, action or proceeding concerning the subdivision. The City shall .cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from. participating in the defense of any claim, action, or proceeding, and if the City chooses to do so, applicant shall reimburse City for attorneys' fees .and costs incurred by the City to the maximum extent permitted by Government Code section 66474.9. A physical barrier to delivery trucks at the north end of Building Al shall be provided, subject to approval of the Fire Marshal and Community Development Department. Final site plans shall provide contrasting colors on pedestrian pavement, as shown in site plans dated March 12, 2010. Anti-skateboard devices shall be incorporated in all seating areas. No additional glare shall be allowed because of the use of 30' light standards than would be generated by 20' light standards. Staff is directed in its review of the project photometric lighting plan to reduce the height of all light standards to the extent feasible. Should existing redwood .trees within the Caltrans right of way along the east perimeter of the project site be removed within five years of the date of first project occupancy, applicant or its successor(s)-in-interest shall provide replacement redwood planting. in that location on the project site at a ratio determined by city staff to be adequate to provide screening of project buildings adjacent to Highway 101. Bicycle parking spaces shall be provided at 10% of the number of proposed vehicle parking spaces. Applicant shall submit a shopping cart management plan for review and approval by the Community Development Department prior to f rst building occupancy. Cart corrals, shall be available throughout the parking areas, and any electronic control of parking carts shall permit use of carts to the perimeter of the project site. 8 ~-~ 20 21 22 23 24 Final architectural and/or landscaping plans shall eliminate the large openings in the green screen on the east side of Building A1. Pedestrian connections shall be provided at locations to be reviewed and approved by the Community Development Department from the parking lot to the public sidewalk at Kenilworth Drive, to the extent feasible and to the extent that such connections do not impede the functioning of the bioswales, in the determination of the City Engineer. All window designs shall be reviewed and approved by Community Development Department staff prior to issuance of building permits to ensure that window designs are adequate in terms of depth, color and materials to complement project building design. The bus stop location shown on the Unit Development Plan, Sheet 1.2 of the site plans dated March 12, 2010,. shall. be moved from the location shown in front of Building S-2 to a location consistent with Vesting Tentative Map condition #32. All rooftop mechanical equipment, with the exception of alternative energy mechanical equipment, shall be screened from view to the highest point of the mechanical equipment in materials and color consistent with the project architecture. ~ Committee an 25 The two crosswalks along the route of the bike/pedestrian overpass near buildings S9 and S 10 shall be raised crosswalks with in-pavement flashing lights triggered by motion detectors (instead of pushbuttons). Additionally, the applicant shall install in-ground pavement lighting with pole mounted flashers (trigger by button or motion) at the following locations: a. Kenilworth Drive pedestrian crossing at the southern end of the project. 1457214.1 ~-~ Petaluma Comfnunity Coalition ~ ~~ 40 Fourth St., Petaluma Ca 94952 ~-~. ~: - u~'s, 'etaluma Ci Council {,, ~/ly /o Claire Cooper, City Clerk Ls~~da ~- ~~~ u 1 English St. . 'etaluma CA 94952 Appeal of Planning Commission approval on April 13~', 2010 of Site Plan and iitectural review of the'East Washington Place Development, including architecture, Iscaping, layout, and site amenities. Regency Petaluma, LLC, applicantiproperty. 26, 2010 r Councilmembers: s letter is to outline the basic pertinent facts and grounds for our appeal, as well as relief we seek in regards to the above referenced Planning Commission action. -n April 13'h, The Planning Commission' substantially approved. the above referenced roject design, with minor modifications. Because the approved design with changes learly contradicts the. Petaluma General Plan's direction and specifications for this site, ~e are compelled to appeal the Commission's decision. ong other major reasons for our appeal besides General Plan inconsistency are: • The current approved configuration.of Johnson Dr. as illustrated on the applicant's plans is detrimental to the health and safe use of the swim center and skateboard park by children and adults-due to increased exposure to air pollutants and toxic particulate matter due to the proximity and amount of new traffic caused by the project • Lack of safe, friendly pedestrian and bike access (Few large intersections that concentrate pedestrian and bike access are contrary.to the General Plan.) • Lack of"robust" mixed uses incorporated into the plan • Lack of an integrated design that blends the project with surrounding uses • Lack of buildings being situated along Kenilworth Dr. • Lack of designated specific locations for solar photovoltaic arrays are a few of the reasons. we are appealing this decision. We regret that the Fission was too timid and easily cowed to assert its clearly stated preferences for meaningful changes, forcing us to take this action. the relief we seek are: • Honor the vision for this site as specified in the General Plan Page 1 Attachment B 7' fJ /! '~ ~~`• ...a ~3 - i • Reconfigure Johnson Dr. to move away from swim center/skate park: extend further south to T into an extension of Fairgrounds Dr., which can connect to Kenilworth Dr. ® Place multistory mixed use buildings vvith active uses on ground floor with housing or office space on .upper floors along Kenilworth Dr. • Reduce the acreage of paved parking lots by mandating a two story Target building (A1) with structured parking underneath • More pedestrian: gathering areas, plazas and pedestrian features on site • Better, safer and more pedestrian and bike access points connecting to surrounding areas • Make Kenilworth Drive between Johnson Dr. and East Washington St. into a Pedestrian/Bike walkway only • Specify roof areas designated for solar PV arrays (Note that HVAC equipment is easily situated almost anywhere on a typical roof, contrary to the applicant architect's specious claims that tenant HVAG equipment can only go in predetermined locations, which just happen to be unknovvn at this time.) ® Provide traffic control and calming improvements to East D St.' and Old East Side intersections ese are some of the changes we feel are minimally necessary to make this project sn close to acceptable for Petaluma. We ,hope that regardless of Regency's meritless d bullying lawsuit, you will be able to rectify some of the most egregious shortcomings w embedded in the plan. !~~~~ ~~~ t Maguire ~luma Community Coalition following citizens support this appeal: Adam Kinsey Alexa Glockner Alexander Robb Alia & Avery Vise Alicia Herries Andrew Stess Angelo Sacerdote. Anne Gare B~any Bussevvitz Barry, Noelle and Bianca Bisson Bernadette Burke Bill Phillips Bill Young Bob Moyer Brian Way Brian Williams Bruce Hagen Camille Przewodek Carl Patrick Chip Reese Connie Madden Craig Stammler Dale Axelrod Dave & Shelly Trumbo Dave Libchitz David Keller David Polin Doris Franco Donna Norton Dusty Resneck Eileen Morris Elaine Woodriff Elizabeth Bertani Elizabeth Vaughn Eric Adams Eric Fiedler Erin Axelrod Beverly Butterfield Page 2 {, Zt.~-•z~ ~-~ .Paul Francis ~-a Eve O'Rourke Frances Brigmann Fred Abercrombie Gene Hamm Gina & Stuart Hyde Gloria Winters Greg Mitchell Gregory Reisinger Hope Ratner Ina & Alan Stess Jane Murphy Janice Cader Thompson Janie Castles Jim Daveport Jim Thomas John & Cynthia Rathkey John Crowley Karen Boudrie Karen Hess ,Karin Burger Kathleen & Rachel Wall- ~Polin Kathryn Rocha Kelly Collins Kelly Rae Collins Kevin McDonnell Kit Lofroos L. Padilla Laree Maguire Laura Coulter Laura Fernwood Laure Reichek Lina Hoshino Lisa Eldredge Liz Vaughn Lorin Bell fVlaayan & Michael Schoeman Marlette Leufkens Mark Madeiros Mary Bloom Mary Glardon Megan Edwards Melanie & Craig Stammler Melanie Dado Michael Turner Michele Woodbury Michelle Lyman Mike & Sandra Neal Moniz Stess Nicky Ovitt Patsy Griffin-Young Paul Allen Paula Swanson Peter & Lisa Stein Peter Sheridan Rachel Kaplan Richard L..Reynolds Sarah & John Gorman Sharreh Bagby Shelly & Dave Trumbo Sherrie Fabre-Marcia Soneile Hymn Sonia Taylor Stephanie & Frank Galvan Stephanie Sanchez Stephen Loane Steve Dyer Steve Kirk Teresa Nelson Terry Murphy Tim Crowley Vivien Straus Wayne Morgenthaler Xander Robb Page 3 ~- 3 I I ~I L Community Development Depa,~tm~~ ~~ ~~ I ~~ 11 English Street ~`~.. ~'', `•,~`,~ . ~ Petaluma, CA 94952 /, `:~~ Phone: 7.07-778-4301`i.. `.' ; ~..: Email: cdd ,ci. etaluma:ca:us ~, ~ ~ / --~ Web: www.ci of etaluma: ~ et/clild < .: - - -. ' T g L Q. ~ R '-~ ~ ., f- ild 6t ~reer~ • \~ .: I y°~ ~,/" C~ , Saai~tomFr~sifncGmsndUp ;1' $ 5 $ Building • Geographic Information Syst~u~~• Housm Neighborhood Preservation • Plan~~/~~ ~~ ~ Q DEVEI~,OPNIENT PERMIT APPLICATION Permit #:1 ~~ ~ QL - fl f d 2-(,~ Date Filed: ~" PROrECr NAME: -SAS . PROJECT ADDRESS: AP NO: APPLICANT/AGENT} ~f~'~ PHONEN07 e FAXNO: ~' : AE VivJ~a~ G a . ADDRESS: I ~ d ~ C~Y: / ~~ ~~v~y~ STATI=JZ>p: ~ ea . Goy ~A PROPERTY OWNER IF OTHER THAN APPLICANT: PHONE NO: FAXNO: E-MAIL ADDRESS: ADDRESS: CYO: ~ ~ ~ STATE/ZIP: PLEASE L1ST THE NAME OF THE P ON TO WHOM THIi CHECK WII.L BE PAID AND A MAILING ADDRESS, SHOULD A REFUND BE NECESSARY; HAVE YOU PREVIOUSLY SPOKEN TO STAFF REGARDING THIS PROJECT? IF 50, WHOA ~5 ~-~~~~ ~ ~/-te2/~ ' HAS PROJECT RBCETVID A PRELIIvIINARY REV~IV? YES NO ^ ADDTTION/REMODEL/HISTORIC DIST ^ LIIvIlTED TERM PERMIT-CPSP ^ TELECOMMUNICATION REGISTRATION FEE ^ ANN EXATIONS ^ LOT LINE ADJUSTMENT/LOT MERGER ^ TELECOMMUNICATION REMOVAL AGREEMENT Appg AL D MITIGATION MONITORING ^ TENTATIVE PARCEL MAP (4 OR FEWER LOTS) ^ CATE ` GORICAL EXEMPTION ^ PRELIA9NARY REVIEW (SPARC) ^ TENTATIVE SUBDMSION MAP. (5 OR MORE LOTS/[JNITS) ^ CONDII'iONAL USE PERMTI (MIl ]OR} ^ PRELIIvIII9ARY REVIEW (STAFF) ^ VARIANCE ^ CONDITIONAL USE PERMIT (MAJOR) ^ PUBLIC CONVENIITTCE & NECESSITY ^ ZONING MAP AMENDMENT ^ EXC EPTION ^ PUBLIC NOTICE ^ ZONING AMENDMENT -TEXT ^ EXTENSION OF TIME ^ SITE PLAN/ARCIH'TECTURAL REVIEW . (MINOR) ^ ZONING AMENDMENT -MINOR REVISION- PUD/PCD/SPPUD ^ FLO OD DETERMINATION ^ SITE PLAN/ARCHITECTUR:4L REVIEW (MAJOR) ^ I% RECORDS MANAGEMENT FEE ^ GEN ERAL PLAN MAP AMENDMENT ^ SPECIFIC PLAN ^ 5%TECHNOLOGY FEE ^ GEN ERAL PLAN TEXT AMENDMENT ^ SPECIFIC PLAN AMENDMENT ^ OTHER: ^ INIT IAL STUDY ^ SUBDIVISION ORDINANCE AMENDMENT D . OTHER: s-y Attachment C RESOLUTLON N®. 2010-04 CITY OF PETALUiViA PLAiVBVIiVC COM11~iSSIOIV APPROVING THE SITE PLAN ..AND ARCHITECTURAL PLANS FOR THE EAST WASHINGTON PLACE PROJECT, ASSESSOR'S PARCEL NUMBERS 007-031-001, 007-241-002, 007-251-001, 007-473-040 WHEREAS, Regency Petaluma, LLA,.submitted an application for Site Plan and litectural Review for the purposes of developing a 33.74-acre property with approximately )00 square feet of retail and approximately 16,000 square feet of office uses for a ~lopment to be called East Washington Pface, "the Project," and, WHEREAS, at a duly noticed public hearing on February 8, 2010, the City Council adopted Resolution No. 2010-021 A, certifying an Environmental Impact Report for the Project, in conformance with the California Environmental Quality Act ("CEQA") and; WHEREAS, at said hearing, the City Council adopted Resolution No. 2010-021 B, making CEQA findings, adopting a Mitigation Monitoring and Repol`ting Program and adopting a Statement of Overriding Considerations pursuant to the CEQA, and, WHEREAS, at said hearing, the City Council adopted Resolution No. 2010-021 C, approving a Vesting Tentative Map for the Project and making findings, including but not limited to consistency of the Project with the City of Petaluma General Plan 2025 ("General Plan"); and, WHEREAS, at said hearing, the City Council provided direction to the Planning Commission on items to be addressed as part of the Site Plan and Architectural Review process; and, WHEREAS, the Site Plan and Architectural Review for the Project was conduc#ed by the Planning Commission at duly noticed public hearings on February 23, 20T0 and April l3, 2010 in accordance with the City of Petaluma Implementing Zoning Ordinance; Section 24.010. NOW THEREFORE, BE IT RESOLVED that the Planning Commission hereby approves the Site ancf Architectural Plans for the Project and authorizes construction of site improvements for the Project contained in said plans based on the findings made below and subject to conditions of approval attached as Exhibit A hereto and incorporated herein by reference, and finds as The project ps conditioned will conform to the intent, goals and policies of the Petaluma General Plan 2025. The City Council determined in Resolution No. 2010- 021 Cthat the Project, together with its design and improvements and as conditioned by said resolufion, is consistent with the General Pldn. Neither the modifications made to the Project in the course of this Site Design and Architectural Review nor the conditions bf approyol set forth in Exhibit A have modified the Project in any fashion which would create inconsistencies with the General Plan. Plonning Commission Resolution No. 2010-04 Page 1 ~I The Project as conditioned, will not constitute a nuisance or be detrimental to the public welfare of the community because it conforms to the Petaluma Implementing Zoning Ordinance ~"IZO"). The Project site is zoned IvIU'1 B, Mixed Use, and the City Council in Resolution No. 2010-021 C determined that the uses proposed for the Project were consistent with the Mixed Use, MU 1 B zoning for the site. The project landscaping plan and provisions for tree removal and replacement are consistent with IZO Chapters 14 and 17, respectively. Neither the modifications made to the Project in the course of this Site Design and Architectural Review nor the conditions of approval set forth in Exhibit A have modified the Project in any fashion which would create inconsistencies with the IZO. 3. The proposed architecture and site plan, as coriditioned, conform to the requirements of Site Plan and Architectural Review provisions of Chapter 24.010 of the Implementing Zohin_g Ordinance as: a. Quality materials are used appropriately and the project is in harmony and proportion to the surrounding structures; The Project employs stone, slate, and wood trim with stucco in variety of natural tones with accent color, The buildings are proportioned compatibly with retpil uses across East Washington Street and active and seasonal uses of the Fairgrounds property. The largest Project structures are located at the rear of the Project, separated from the existing residential development across Highway 101 by Highway 101 freeway improvements which are also large ih scale and by Project landscaping behind the Project structures. Landscape and street frontage improvements along Johnson Drive and Kenilworth Drive provide buffering and a transition from the fairly large, bu.t single story Swim Center and the Skate Park to the adjacent two-story Project buildings S 1 - S4, using open space plaza areas. b. The architectural style is appropriate for the project and is compatible with other structures in the immediate neighborhood; The Project employs a contemporary architectural style that is distinct from similar projects of scale and use. This includes layers of wall massing between primary anchor stores to create more visually interesting facades, use of broad roof overhangs, foreground arcades and covered canopies. The consistent color palette acts to unify the project while the aforementioned treatments and use of stone and slate provide distinction and add to the overall visual character. This visual characterwill complement other retdi.I; commercial, recreational, and seasonal uses in the immediate neighborhood. c. The siting of the new structures is comparable to the siting of other structures in the immediate neighborhood; The siting of the Project structures is comparable to siting of similar structures along the Project frontages and in the immediate neighborhood. The siting of smaller structures along the Project frontages complements and does not overwhelm these other structures in the neighborhood, and' the siting of larger structures toward the.rear of the Project creates a tiered visual aesthetic when viewed from the immediate neighborhood. The largest Project structures are located at the rear of the Project; separated from the existing residential development across Highway 101 by Highway 101 freeway improvements which are also large in scale and by extensive: screening,from Project landscaping behind the Project structures. Landscape and street frontage improvements along Johnson Drive and Kenilworth Drive provide buffering and a transition from the fairly large, but Planning Commission Resolution No. 2010-04 Page 2 ~~ single story Swim Center improvements and the Skate Park to the adjacent two- story Project buildings S 1 - S4, using open space plaza areas. The Fairgrounds improvements including the speedway are interspersed with Igrge open areas of parking; and have d comparable mix of structures and open. areds as to the Project site. d. The bulk, height, and color of the new structures. are comparable to the bulk, height,,and color of other structures in the immediate neighborhood; The bulk and massing of the Project has been appropriately scaled to the site and its surroundings. Smaller-scale buildings have been placed toward the Project frontages along East Washington Street, Johnson Drive, and Kenilworth Drive across from similar-scaled buildings for retail and related uses as well as the Swim Center and Skate Park. Building placement along the Project's E. Washington Street frontage is designed to fulfill the policies for the E. Washington Corridor Sub-Area in the. General Plan 2025, which. prescribe a desired urban frontage type and scale for this Project frontage. The smaller bulk, height and design of the Project features along East Washington Street, Johnson Drive and Kenilworth Drive will complement adjacent structures ih the immediate neighborhood, The largest Project structures are located at the rear of the Project; separated from the existing residential development across Highway 101 by Highway 10.1 freeway improvements which are also large in scale and by extensive screening from Project landscaping behind the Project structures. Landscape and street frontage improvements along Johnson Drive and .Kenilworth Drive provide buffering and a trahsition from the fairly large, but single story Swim Cenferand the Skate Park to the adjacent two-story Project buildings S 1 - S4, using open space plaza areas. The scale of the improvements at the Fairgrounds such as the speedway is an adjacent large structure and use within the immediate neighborhood and is comparable to the proposed project in terms of bulk and height. Color palettes have been selected which emphasize natural and earth tones compatible with surrounding structures. e. The Landscaping is in keeping with the character and design of the site; and The Project includes numerous landscape elements,- include a wide variety of trees, hedges, shrubs and flowering plants that will provide aesthetic and shade features for project users and will complement the.overall-site design. Landscaping will be drought-tolerant and will feature tree species that are compatible with local climate and soil conditions. f. Ingress, egress, internal traffic circulation, off-street automobile and bicycle parking facilities and pedestrian ways have been designed to promote safety and convenience. The Project provides multiple ingress and egress locations for maximum vehicular traffic. efficiency and circulation. The internal traffic circulation will largely separate truck/delivery vehicles from pedestrian and bicycle users, and internal pathways and'sife design will optimize pedestrian and bicycle use to all aspects of the projec#. Bicycle parking facilities have been provided of key project locations and vehicular parking has been provided per all applicable provisions of Chapter 1 i of the Implementing Zoning Ordiriance. Plonning Commission Resolution No. 2010-04 Page 3 G~ ADOPTED this 13t^ day of Apri12010, by the following vote: _.. Comrnissione`r.. ~ `Aye" - ~,~No~ `` r Absent * ~`EAb°'stdi;n Abercrombie X Chair Arras X Barrett X Second Vice Chair Elias X Hurley X Vice Chair Johansen X Pierre X ~~--- Christopher Arras, Chair A APPROVED AS TO FORM: ~~ ey, Commissioy~Secretary Leslie Thomsen, Assistant City Attorney Planning Commission_Resolution No. 2010-04 Page 4 c-~ EXHIBIT A -CONDITIONS OF APPROVAL _ 1. Before issuance of any development permit, the applicant shall revise the site plan or other first sheet of the office and job site copies of the Building Permit plans to list these Conditions. of Approval and the Mitigation Measures from the Mitigation Monitoring Program in the Final Environmental Impact Report (FEIR) as notes. 2. The plans submitted for building permit review shall be in substantial compliance with the plan set date stamped March 12, 2010, unless amended per City direction, 3. All Mitigation Measures as adopted in conjunction with the Project EIR (SCH NO. 2005052061) by Resolution No. 2010-0216 N.C.S, dnd all Conditions of Approval adopted by Resolution No. 2010-021 C are herein incorporated by reference as conditions of project approval. 4. Prior to building permit approval, the plans shall note the installation of high efficiency heating equipment,(90°~ or higher heating/furnaces) and low NOx water heaters (40 NOx or less) in compliance with policy 4-P-15D (reducing emissions). 5. Prior to building or grading permit approval, all plans shall note the following and all construction contracts shall include the same requirements (or measures shown to be equally effective, as approved by Planning), in compliance with General Plan Policy 4-P-1 b: • Maintain construction equipment engines in good condition and in proper tune per manufacturer's specification for the duration of construction; • Minimize idling time of construction related equipment, including heavy-duty equipment, motor vehicles, and portable equipment; • Use alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas,. and unleaded gasoline); • Use add-on control devices. such as diesel oxidation catalysts or particulate filters; • Use diesel equipment that meets the ARB's 2000 or newer certification standard for off- road heavy-duty diesel engines; • Phase construction of the project;. and • Limit the hours of operation of heavy duty equipment. b. Prior to building or grading permit issuance, the applicant shall provide a Construction Phase Recycling Plan that would. address the reuse and recycling of major waste materials (soil, (vegetation, concrete, lumber, metal scraps, cardboard, packing, etc„ generated by any demolition activities and construction of the project, in compliance with General Plan Policy ~2-P-122 for review by the planning staff. 7, he project shall obtain LEED Silver certification. The proposed project will be built in accordance with Green Building standards that would reduce energy-related GHG emissions by at least 20 percent from those that would occur under current Title 24 Building Code requirements. The applicant shall present these to the City prior to the issuance of a uiiding permit. 8. All construction activities shall be limited to 7.00 a.m. to 6:00 p.m. Monday through Friday and interior work only between 9:00 a.m. and 5:00 p.m. on Saturdays. Construction shall be prohibited on Sundays and all holidays recognized by the City of Petaluma, unless a permit is first secured from the City Manager (or his/her designee) for additional hours, There will be o start up of machines or equipment prior to 7:30 d.m., Monday through Friday; no delivery of materials or equipment prior to 7:30 a.m. or past 5:30 p.m., Monday through Friday; no Planning Commission Resolution No. 2010-04 Page 5 ~~~ servicing of equipment past 6;45 p.m., Monday through Friday. Plan submitted for City permit shall include the language above. 9. In the event that archdeological 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 Native American community shall also be notified and consulted in the event any archaeological remains are uncovered. The project will be subject to all .applicable provisions of Chapter 17 of the Implementing Zoning Ordinance concerning tree preservation, removal, and replacement criteria. The applicant shall incorporate the following Best Management Practices into the construction and improvement plans and clearly indicate these provisions in the specifications. The construction contractor shall incorporate these measures into the required Erosion and, Sediment Control Plan to limit fugitive dust and exhaust emissions during construction.. i. Grading and construction equipment operated during construction activities shall be properly muffled and maintained to minimize emissions. Equipment shall be turned off when not in use. ii. Exposed soils shall be watered periodically during construction, a minimum of twice daily. The frequency of watering shall be increased if wind speeds exceed 15rriph. Only purchased city water' or reclaimed water shall be used. for this purpose. Responsibility for watering shall include weekends and holidays when.wo~k is not in progress. iii. Construction sites involving earthwork shall provide for a gravel pad area consisting of an impermeable liner and drain rock at the construction entrance to~clean mud and debris from construction vehicles prior to entering the public roadways.. Street surfaces in the vicinity of the project shall be routinely swept and cleared of mud and dust carried onto the street by construction vehicles. iv, During excavation activities, .haul trucks used to transport soil shall utilize tarps or other similar covering devices to reduce dust emissions. v. Post-construction re-vegetation, repaving or soil stabilization of exposed soils shall be completed in a timely manner according to the approved Erosion and Sediment Control Plan and verified by City inspectors prior to acceptance: of improvemen#s or issuance of a certificate of occupancy. vi. Applicant shall designate a person with authority to require increased watering to monitor the dust and erosion control pcbgram and provide name and phone number to the City of Petaluma prior to issuance ~of grading permit, 12. The applicant shall defend, indemnify and hold harmless the City and its officials, boards, commissions, agents, officers and employees ("Indemnitees")from any claim, action or proceeding against Indemnitees to attack, set aside, void. or annul any of the approvals of the project to the maximum extent permitted by Government Code section 66474.9. To the extent permitted by Government Code section 66474:Q,;the applicant's duty to defend, indemnify and hold harmless in accordance with this condition shall apply to any and all claims, actions or proceedings brought concerning the project, not just such, claims, actions or proceedings brought within the time period provided for in applicable State and/or local statutes. The City shdll promptly notify the subdivider of any such claim, action or proceeding concerning the subdivision. The City shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in the defense of iany claim, action, or proceeding, and if the City chooses to do so, applicant shall reimburse City for attorneys' fees arid costs incurred by the City to the maximum extent permitted by ,Government Code section 66474.9. 13. Provide a physical barrier to delivery trucks at the north end of Building A1, subject to Approval of the Fire IVlarshdl and Community Developrnerit Department. Planning Commission Resolution No. 2010-04 Page b c-c~ 14~ Provide contrasting colors on pedestrian pavement, as shown in site plans dafed March 12, 2010, Anti-skateboa"rd devices shall be incorporated in all seating areas. 16. No additional glare shall be allowed because of the use of 30' light standards than would be generated by 20' light standards. Staff is directed in its review of the project photometric lighting plan to reduce the height of all light standards to the extent feasible. 17. Should existing redwood trees within the Caltrans right of-way along the east perimeter of the project site be removed within five years of the date of first project occupancy, applicant or_its successor(s)-in-interest shall provide replacement redwood planting in that location on the project site at a ratio determined by city staff to be adequate to provide screening of project buildings adjacent to Highway 101. 18. Bicycle parking spaces shall be provided at 10% of`the number of proposed vehicle parking spaces.. 19. Applicant shall submit a shopping cart management plan for review and approval by the Community Development Department prior to first building occupancy. Cart corrals shall be available throughout the parking areas, and' any electronic control of parking carts shall permit use of carts to the perimeter of the project site.. 20, Eliminate the large openings in the green screen on the east side. of Building A1. 21. Provide pedestrian connections at locations to be reviewed and approved by the Community Development Department from the parking lot to the public sidewalk at Kenilworth Drive, to the extent feasible and to the extent that such connections do not impede the tunctioning of the bioswales, in the determination of the City Engineer. 22. All window designs shall be reviewed and approved by Community Development 'Department staff prior to issuance of building permits to ensure that window designs are ~iadequate in terms of depth, color and materials to complement project building design. 23. ~ he bus stop location shown on the Unit Development Plan, Sheet 1,2 of the site plans dated March 12, 2010, shall be moved from the location shown in front of Building S-2 to a location consistent with Vesting Tentative Map condition # 32. 24. All rooftop mechanical equipment, with the exception of alternative energy mechanical equipment, shall be'screened from view to the highest point of the mechanical. equipment in materials and color consistent with the project architecture. 25. The two crosswalks along the route of the bike/pedestrian overpass near buildings S9 and S10 shall be raised crosswalks with in-pavement flashing lights triggered by motion detectors (instead of pushbuttons). Additionally, the applicant shall install in-ground pavement lighting with pole mounted flashers (trigger by button or motion) at the following locations; (,.Kenilworth Drive pedestriah crossing at the southern end of the project. Planning Commission Resolution No. 2010-04 Page 7 c-~ Attachment D CITY OF PETALUMA, CALIFORNIA STAFF REPORT Community Development Department, Planning Division, Il English Street, Petaluma, CA 94952 (707) 778-4301 Fax (707) 778-4498 E-mail: planning@ci:petaluma.ca.us :TE: April 13, 2010 AGENDA ITEM NO. 1 Planning .Commission ARED BY: Derek Farmer, Senior Planner REVIEWED BY: Geoff Bradley, Planning Manager SUBJECT: EAST WASHINGTON PLACE DEVELOPMENT East Washington Street and Highway 101 SITE PLAN AND ARCHITECTURAL REVIEW ~2ECOiUINIE@~HDAT90NS Staff recommends that the Planning Commission conduct the required public hearing and.take appropriate action on: 1. A Resolution Approving the Site Plan and Architectural Review, subject to the attached Findings and Conditions of Approval. PROaECT Slll6~iiW~-RY Project: Project File No. 04-GPA-0681 East Washington Place Development East Washington Street and Highway 101 APNs 007-031-001, 007-241-002, 007-251-001, 007-473-040 Project Planner: Derek Farmer Project Applicant: Regency Centers Property Owners: Regency Petaluma,.LLA Neal~rest Cross Street: Kenilworth Drive Property Size: 33.74 acres East Washington Place Page 1 -I Site Characteristics: The site is the location of the former Kenilworth Junior High School, which has been demolished. Existing uses on the property include little league fields, which will be relocated. The topography is relatively flat, with a one to five percent slope. There are some mature trees of various health and seasonal wetlands on site. The wetlands are. adjacent to the athletic fields and receive excessive irrigation runoff from the athletic fields in the dry season and are seasonally wet in the winter months. Proposed Use: Development of 361,951 gross square feet of commercial retail and 16,000 square feet of office uses. Zoning: MU1B: Mixed-Use 1B Gel eral Plan Land Use: ' Mixed-Use ~6~~.~ECg 13c~~C4GROUiN® Ai~D ®ESCRIPTa®N ItOI)Qd® The City of Petaluma Planning Commission held a noticed public hearing on February 23, 2010 to undertake Site Plan and Architectural Review for the above-referenced project. Planning staff presented the project description, analysis and recommended actions, followed by a presentation by the project applicant. The public hearing was opened, and oral comments were heard by a variety of speakers. The public hearing was closed, and'the commissioners commenced discussion on the project and recommended site and design changes for the applicant's consideration. The meeting was then continued to March 23, 2010. On February 25, 2010, staff sent correspondence to the applicant requesting updated plans and related materials addressing all of the comments and recommended changes presented by staff and the Planning Commission. The time limit for resubmittal of these materials was set for March 4, 2010 to allow for sufficient staff analysis, and additional time as necessary for the applicant to respond to staff analysis to complete the submittal package. Thelapplicant responded on IVlareh 4, 2010 with a letter detailing.theirpnsition on the various staff and Commission recommended changes, and followed with a submittal of plans and materials on March 8, 2010. The following day, staff met with the applicant team to discuss the submittal package. Although significant progress was made by the applicant in addressing many of the design and site plan changes as requested, additional materials were needed to complete the package and fully address staff and Commission comments. At the March 23, 2010 Planning Commission meeting, the item was continued to April 13, 2010. East Washington Place Page 2 r~ PROJECT ®ESCRIPTION r r the Februa 23 2010 Plannin Commission hearin~ for a Please see the attached staff eport fo ry g g complete project description. P~d~1~1~J9NG C011A111fdISSl~td ®IIZECT101~9 `A(R~® STQ~F~ AId~LYS6S The following staff analysis is based on correspondence from the City to the applicant dated February 25, 2010 (see attached) and reflects responses to requested items where applicable. Tliis correspondence reflects recommended staff changes as well as comments received from the Planning Commission at its February 23 hearing. PLAN ITEMS: 1. Provide access road for deliveries behind building M6. The plans have been changed to address this request. Sheet 1.3 shows revised truck access from the southerly Kenilworth driveway to revised adrveway/access corridor behind Building M6. This will provide a continuous project connection for trucks and secondary delivery. vehicles connecting to Buildings S11 to A1. In addition, the future well location has also been shown in this vicinity. 2. Provide details of revised bike access per PBAC conditions of approval Sheet 1.5 shows revised bicycle access connecting Kenilworth Drive through the parking area to the pedestrian overpass at the rear of the project per PBAC VTM Condition of Approval. #91. Provide site plan articulation of central pedestrian corridor. Sheet 3.3 shows detailed articulation of central pedestrian corridor, including sidewalk details, plantings, and revised locations of Buildings S6 and S7. Provide 2"d Floor Uses along pedestrian spine; provide smaller pad buildings along Kenilworth Drive. Possibly consider reduction in other buildings square footage and/or utilize extra square footage included iri EIR. The goal here is to improve the urban design and pedestrian oriented nature of the project along Kenilworth consistent with. the IZO parameter for design review and implement both Planning Commission and City Council direction. East Washington Place Page 3 ~-3 The applicant has expressed concern regarding the second-story uses in this recommendation. (Please see Attachment I -letter from applicant dated March 18, 2010). This concern is focused on potential difficulty of leasing these upper-floor locations for restaurant and related uses. They have instead proposed an enhanced landscaping concept for the Kenilworth frontage that provides a more attractive pedestrian experience from this frontage but does not address the direction to provide smaller pad buildings along this frontage., 5. Provide paratransit stop locations on site plan in the. vicinity of Buildings Al and M2-M5. Provide proposed, shelter design .for transit stop to be located in the vicinity of East Washington Street-Johnson Drive near the Swim Center. Proposed paratransit locations are showri on Sheet 1.2 in front of Buildings M1/S9 and M5, per location parameters requested by City staff. The Transit Division Manager has proposed a steel and glass bus shelter design for the proposed Transit Stop location in the vicinity of the Swim Center/East Washington vicinity. Please see attached rendering. Also, this current design. can be viewed at the following location -Washington at Petaluma Boulevard North (right at SE corner), at Lakeville (in front of Kragen westbound); and at Ellis (in front of Jack in the Box). 6. Show proposed use of grass-crete or similar alternative on site plan and landscape plans. Please see Sheets 2.3 and 2.4 for locations of proposed grass-crete in parking areas. This meets staffls intent on reducing impervious surface area of the parking lots. 7. Provide cross parking lot connector in Parcel 1; could be a simple walkway of four feet wide combined with cart corrals (show cart corrals). Sheet 1.4 -Pedestrian Circulation Diagram -shows the location of the proposed cross- parking lot connector in Parcel 1. Sheet 1.2 shows the proposed location of the cart corrals. This walkway proceeds partially into the parking areas to facilitate pedestrian access to the central pedestrian corridor. Provide parking lot tree diamonds approximately every four parking spaces. Provide curbing detail and/or tree guards. Sheet 5.3 shows a detail of the spacing and dimension of the parking lot tree diamonds and related details. These will provide areas for tree cover throughout the parking areas. Provide locations of parking lot lights which may require additional diamonds. East UVashington Place Page 4 ~_ `'" Staff reviewed proposed lighting locations based on proposed height and coverage standards and guidelines. The 20' height for light poles in the SPAR guidelines would have necessitated approximately 95 lights throughout the parking areas. By recommending a 30' height, approximately 70 poles would be required, greatly reducing any adverse visual effects. The exact spacing of poles will be finalized per the complete lighting and photometric plan to be submitted per VTM Condition #10. In addition, parking light details are provided on Sheet 5.4 of the revised plans. 10. Provide locations for electric-vehicle charging.stations. These are provided on Sheet 1.2, in accordance with adopted Mitigation Measure AQ-1. 1. Increase amount of compact spaces to 30% max. as allowed by code to allow for maximum amount of landscaping including finger islands at single loaded parking areas and pedestrian walkways. Sheets 1.2 - 1.5, and. Sheets 2.2 - 2.4 show the revised parking configuration and location of all proposed compact parking .stalls, in accordance with staffl s direction. PLAN/PUBLIC ART Provide legible plant legends and plan call outs. Landscape Sheets 3.0 - 3.8 provide these details, including updated site furnishing legend, planting list and planting notes. A Water Efficient Landscape Statement is provided on Sheet 3.0 Provide additional bench details. .Additional bench details are provided on Sheet 3.0 4. Consider modified bollard, garden wall designs in response to concern about. bollards effectiveness. Additional bollard designs and garden wall designs are provided on Sheet 3.0. Additional bollard locations are described on Sheet 3.5 and are used to protect pedestrians and define the edge of sidewalk at major storefront entries and surrounding locations. East Washington Place Page 5 15. Provide statement of intent to return to Public. Art Committee for final art work selection prior to issuance of grading or building permits. .Please see Attachment H - letter from Regency, dated March 8~, 2010. 16. Provide Public Art at plaza along Kenilworth frontage at pedestrian spine. Sheet 3.3 calls out a "sculptural element" at this location, along with seating edges and rock outcroppings. The final composition would be 'subject to further review and consideration by the Art Committee per applicant's request. 17. Provide screening, buffering, protection of plaza users at East Washington Street and Kenilworth. Additional bollards, landscape elements and related components have been added per Sheets 3.2 and 3.3. 18. Review requirements for SPAR submittals and .make necessary changes and additions. Sheet have been added and/or revised per SPAR submittal guidelines. These include setback dimension exhibits for all buildings to parcel boundaries and roadways, as well as roadway ROW dimensions. Additional changes include expanded details of planting palettes and site legends. 19. Show clearly on elevations areas to be stone and slate. Additional details have been added to Sheets 4.1.1 - 4.3.3 accordingly. Provide materials sample board or boards. This has been provided acid corresponds to requested changes in these. materials. .1. Provide all elevations of Buildings SS thru S8. Please refer to Sheets 4.3.2 and 4.3.3 for these elevations: East Washington Place Page 6 w 22. Provide statement/description of LEED Silver approach. Provided -please refer to Attachment E. This description includes the project's design features to promote maximum energy efficiency and minimize building heat gain through design and architectural features for all project buildings. In addition, the description highlights use of recycled materials and construction waste management that would achieve the LEED Silver rating per VTM Condition #9. 23. Provide more stone and slate; less stucco. Provided. See details of Building locations on Sheets 4.1.1 - 4.3.3 and described on the Drawing Revision List (please see Attachment C), as well as Project Design Narrative (Attachment D). Additional staff analysis is presented in this report. 24. Consider revised color scheme with less purple; tone. it down. Revised, and the color purple has been eliminated. Refer to Drawing Revision List (Attachment C) for details on Sheets 4.1.1 through 4.3.3. 25. Provide high windows at rear elevations along Highway 101 frontage for both visual interest and access to natural light. These have. been provided for Buildings M1 through M6, Please refer to Sheets 4.1.2 and 4.1.3. The green-screen concept has been proposed for Building Al. 26. Provide revised design of Al fo accentuate entry more (increase height) and provide more storefront glass at the front. Please refer to Sheets. 4.1.1 and 4.1..2 and refer to attached Drawing revision List and Design Narrative for details. . Provide preliminary lighting plan. Site. layout lightingplan and lighting details have been provided (please see #9 above) SET ISSUES: . Provide additional animation sequence to show rear of buildings and view from E. Washington overpass and more eye level views of building facades both with and with out trees. EastlWashington Place Page 7 The animation sequence has been updated. Please refer to Attachment PP. 29. Provide building elevations at a minimum scale of l/8" scale with blow ups at'/4" scale for areas of interest (entries,. storefront, etc.) Building elevation Sheets 4.1.1 - 4.3.3. have been updated per request. 30. Provide plant legends and key site :furnishing exhibit to site plan. Shown on Sheets 3.0 through 3.8. 1. Provide clear, legible. full size plans with scale and north arrow as appropriate. Plan sheets have been revised to include these SPAR submittal requirements. Provide Roof Plan A Typical Roof Plan exhibit has been added as Sheet 5.5. It features parapet heights and parapet wall returns as proposed for Building M6 as a sample project building. Provide Building Setback Exhibit Provided as Sheet 2.4.A: As discussed above, this exhibit shows building setbacks from parcel lines .and adjacent .structures as well as roadway dimensions and parking aisle dimensions and related features. C®IdSI~TE9~ICY 1~}IT6i SITEE Pla~hl7 APdD ~&2C1°IITEC'I~'dJl~~~ I2E~91E~19 PIS®\/1~106~~ AN® f~lJl®E1.6NES Site Plan and Architectural Review Guidelines The project is subject to the provisions of Chapter 24.010 -Site Plan and Architectural Review, of the Implementing Zoning Ordinance, including the standards in Section 24.O10.G; which govern the scope of Commission review: Controls should be exercised to achieve a satisfactory quality of design in the individual building and its site, appropriateness of the building to its intended use and the harmony of the development with its surroundings. Satisfactory design quality and harmony will involve among other things: East Washington Place Page 8 ~-g a. The appropriate use of quality materials and harmony and proportion of the overall design. b. The. architectural style which should be appropriate for the project in question, and compatible with the overall character of the neighborhood. c. The siting of the structure on the property as compared to the siting of other structures in the immediate neighborhood. d. The size, location, design, color, number, lighting, and materials of all signs and outdoor advertising structures. e. The bulk, height and color of the proposed structure as compared to the bulk, height dnd color of other structures in the immediate neighborhood. 'analysis and recommendations regarding these criteria in light of applicant's revisions and itions as illustrated. on the :revised plan sets are discussed in the Section below titled Staff ysis. 2. Landscaping to approved city standards shall be required on the site and shall be in keeping with the character or design of the site. Existing trees shall be preserved wherever possible, and shall not be removed unless approved by the Committee.. Project landscaping must conform to .all applicable provisions as stated in Chapter 14 - Laridscaping and Screening; .of the Implementing Zoning Ordinance, as well as Mitigation Measure AQ-4 as part of the Mitigation Monitoring and Reporting Program adopted by the City Council. The requirements in Chapter 14 include plantings that can thrive in the local climate as well as requirements for maintenance of all plantings in good growing condition, and Mitigation Measure AQ-4 requires drought tolerant landscaping to reduce water usage. In addition, the proposed landscaping includes various "super-trees",.including species that are on the Petaluma Approved Street Tree List. The removal and replacement of trees must meet the criteria per the requirements of IZO Chapter 17, Tree Preservation, as well as adopted VTM Condition # 15. 3. Ingress, egress, internal traffic circulation; off-street parking facilities and pedestrian ways shall be so designed as to promote safety and convenience, and shall conform to approved city Project amenities related to pedestrian and bicycle access and circulation have been considered by the Pedestrian and Bicycle Advisory Committee (PBAC). PBAC Conditions of Approval #85 - 107 were adopted by the City Council on February 8, 2010. The Planning Commission must consider these approved conditions as part of its review of the above criteria. Staff analysis and recommendations are discussed below. It is recognized that good design character may require participation by a recognized ~fessional designer, such as an architect, landscape architect or other practicing urban East Washington Place Page 9 ~~ 1 designer and the reviewing body shall have the authority to require that an applicant hire such a professional, when deemed necessary to achieve good design character. The applicant has employed both project and landscape architects for both the site plan and architectural review and construction phases of the project. Both architects have been extensively employed with the presentation of the project and the revisions and additions to the plan sets since the February 23, 2010 hearing. 'A~~ ANALYSIS Pedestrian Oriented Features The project has been designed in a manner that optimizes its potential as a retail destination, but also creates gateways to surrounding uses by connecting pedestrian and bicycle paths to the street network and the surrounding neighborhood. The central spine of the project is comprised of a promenade with pedestrian-friendly components, including plazas and landscape elements designed in scale with the smaller retail buildings around it. This central pedestrian area entry opens both to the fairgrounds on one side, and the pedestrian overpass on U.S. 101 on the other. Several General Plan and Pedestrian and Bicycle Plan policies specifically mention the preservation of this overpass and its importance as a pedestrian linkage connecting the two sides of the City. In 'response to comments from the February 23, 2010 hearing, the revised plans now show pedestrian cross parking lot connectors to further facilitate access to the central pedestrian promenade. The addition of these key components will add to a more comprehensive pedestrian netivork through the project, particularly between the cluster of buildings (S1 - S4) in the vicinity of the East Washington and Johnson entries to the proposed anchor store at Building A1. These revised details are shown on Sheet 1.4. In addition the central pedestrian promenade will feature additional seating areas interspersed around planters and seatwall nooks added or enhanced in the latest plan set. The locations of Buildings S6 and S7 have been altered to provide more of a visual break when viewed from the entry features along Kenilworth. or the public art and interior locations around Buildings. S9 and 510,. •Paving details have likewise been enhanced to provide a more attractive pedestrian setting. They central pedestrian area has been expanded by 5-foot bump-outs on each side per City Council direction. itectural Style and Materials The project proposes a mix of wall colors, accent colors and trims that address massing at the building facades and provide a visually compatible mix of colors that complement each other. Use of stone and slate materials also complements the design and provides visual breaks in key areas, such as the facades of Building Al and Buildings M1 - MS and S 11. East l ashington Place Page ] 0 -' V Per staff and Commission request, revised plans sets have added additional stone elements and have minimized the use of stucco at key locations throughout the project. These include the addition of stone elements at the northeast elevations of Buildings S9 and S 10, the southeast elevations of Buildings S7 and S8, and the southwest and southeast elevations of Buildings S2 and 02. In addition, building articulations have been refined in key areas, notably Buildings S6 and S7, through additional wall detailing and modified parapet heights. Other revisions include the addition of .high windows at the rear elevation of major anchor buildings, including Buildings M1 through M6, and S 10 and S 11 to provide natural. light,. and further articulate these building elevations. A proposed green-screen has been added to the northeast elevation of Building~Al. A sample roof~plan has been added (Sheet 5.5), and sloped roofs have been eliminated at Buildings M3, S2, and 02. The revised plans have added detailed call-outs of colors and elevation materials for clarity and easier analysis. Refinements to color, .including the elimination of purple referenced at the February 23 meeting, have been made; and the color scheme for the project has a more refined, earthen tone than previously. Staff is in general agreement with the changes made as per these revised plans, and feels that they are in substantial conformance to the requests made by staff and the Commission. The project architect. has provided a narrative description of the project's LEED Silver approach. This narrative includes the project's design features to promote maximum energy efficiency and minimize building heat gain through design and architectural features for all project buildings. In addition, the narrative highlights use of recycled materials and construction waste management that would achieve the LEED Silver rating per VTM Condition #9. (Please refer to Attachment L). -architectural changes by sheet number are referenced in the Attachments C and D, d by the project architect. . including Use of "Super-Trees " The project would employ landscaping throughout the site, especially at frontage locations, pedestrian areas and throughout the parking areas. The use of generous landscaping elements is critical to this project since the parking areas are large when viewed from frontage locations along Kenilworth Drive. As discussed above, project landscaping must conform to all applicable provisions as stated in Chapter 14 -Landscaping and Screening, of the Implementing Zoning Ordinance, as .well as Mitigation Measure AQ-4 as part of the Mitigation Monitoring and Reporting Program adopted by the City Council. The provisions in Chapter 14 include those requiring plantings that can thrive in the local climate as well as requirements for planting to be in good growing condition. In response to staff and Commission requests, the revised plans show details as needed to correlate planting lists with, planting locations, as well as details to clarify the, landscape design EastjWashington Place Page 11 ~-II for the project. Additional plant species have been added or expanded in proposed use and ~n, including the use of "supertrees", such as: - Acer Rubrum (red sunset maple) - on Petaluma Approved Street Tree List - Arbutus Marina (marina) - Cedrus deodara (deodar cedar) - on Petaluma Approved Street Tree List - Pyrus Calleryana "aristocrat" (flowering pear) - Oyrus calleryana "chanticleer" (flowering pear) - Cercis OccidentaIis (redbud) Locations for. these trees, particularly the proposed use of red-sunset, maples along Johnson Drive, as well as flowering pears, will provide attractive seasonal as well as thematic elements to the proposed tree cover at primary project entry locations. Other prominent project locations, such as the sidewalk/pedestrian frontages along Kenilworth Drive and .East Washington Street, will feature additional bollards and potted plants; these are shown on Sheet 3.0 of revised plans. In addition, a Water Efficient .Landscape Statement addressing the requirements of Mitigation Measure AQ-4, has been added to Sheet 3.0. Staff concludes that the revised plans adequately respond to the requests of staff and the Commission as pertaining to landscaping and related thematic details. Components The project entries at Kenilworth/Johnson and Kenilworth/East Washington, both featuring plaza/open space features to present an aesthetically inviting gateway environment to pedestrians and bicyclists as well as automobiles. This is noteworthy at the East Washington/Kenilworth entry since East Washington i.s a primary arterial for the City and General Plan Policies 2-P-23 and2-P-81, discussed previously, specifically call for these types of components. They applicant has proposed public art components at the KenilworthBast Washington entry and at the interior pedestrian promenade location between Buildings S9 and S 10. The entries reflect the City's agricultural. heritage and have been presented before the Planning Commission and the Public Art Committee. The applicant has agreed to further review and coordination with the Public Art Committee regarding the public art features with the intent of arriving at a mutually acceptable design. This is a voluntary commitment by the applicant, because IZO Section 18.090.B provides that it is the "project artist and the owner/developer" who make the determination, in "a written acknowledgment, in a form approved by the City, that. the proposed public artwork complies with the [stated] criteria." One criterion is that the artwork be "related in terms of scale, material, form and content to immediate. and. adjacent buildings, and architecture, landscaping or other setting so as to complement the site and its surroundings and shall be consistent with any corresponding action of the Planning Commission... or City Council as it may relate to any development entitlements...." (Please refer to Attachment H -applicant's intent to return public art to the Public Art Committee) East Washington Place Page 12 ~- I~ ~k, Massing, and .Siting of Structures Staff believes that'the massing of the proposed buildings is appropriately scaled to the site. The site frontage areas along Kenilworth 'and. East Washington feature smaller-scale buildings which are appropriate for the project face.. The larger-scale buildings, including the anchor tenant building and sub-anchor tenant buildings, are set back to the rear of the project so that the overall site remains visually and aesthetically open as 'viewed from the surrounding areas, especially from the fairgrounds and the East Washington,, Johnson and Kenilworth entries. This ensures that the project, connects with its surroundings and~does not create visual barriers to adjacent This is further articulated by the size and scale of Buildings S1/O1, S2/02, S3 and S4 in the vicinity of the East Washingtori/Kenilworth and Johnson/Kenilworth entries. These are critical areas since they will represent. the primary public ingress/egress project locations as well as visual frontage from busy thoroughfares, notably East Washington Street. Building placement along the Project's E. Washington Street frontage is also designed to fulfill the policies for the E. Washington Corridor Sub-Area in the General. Plan 2025, which prescribe a desired urban frontage type and scale. Landscape and street. frontage improvements along Johnson Drive and Kenilworth Drive provide buffering and a transition from the fairly large, but single story Swim Center and the Skate Park to the adjacent two-story Project buildings S1. - S4, using open space plaza areas. When viewed from surrounding neighborhood locations across East Washington, they are in scale to the existing retail buildings, as well as retail uses to be found along the busy East Washington corridor. Fairgrounds property contains many seasonal and recreational uses, such as the speedway. .e uses are unique to their location and the. surrounding neighborhood and have heavy strian traffic during key event times. The project will complement the Fairgrounds uses the location of the pedestrian promenade and smaller-scale buildings (SS - S8) as viewed the Fairgrounds property; the proposed restaurant and smaller-scale retail uses at these :ions as well as use of overflow parking on the project site for key Fairgrounds events would ect these uses in a compatible way. Facilities pro C internal pedestrian and bicycle pathways have been designed for optimum use of the evade area and connector points with nearby frontage sidewalks and bicycle lanes. The ct has been reviewed by the Pedestrian and Bicycle Advisory Committee (PBAC) and itions of Approval have been recommended by the PBAC and adopted by the City Council. 1.5 on the revised plans includes revised bicycle access connecting Kenilworth Drive gh the parking, area to the pedestrian overpass at the rear of the project per PBAC VTM ition of Approval #91. . East Washington Place Page 13 ~-~3 Transit Access Asdiscussed above, paratransit locations are shown on Sheet 1.2 in front of Buildings M1/S9 and M5, per location parameters requested by City staff. The Transit Division manager has proposed a steel and glass bus shelter design for 'the proposed Transit Stop location in the vicinity of the Swim Center/East Washington vicinity.. This current design can be viewed at the following location -Washington at Petaluma Boulevard North (right at southeast corner), at Lakeville (in front of Kragen westbound), and at Ellis (in front of Jack in the Box). This design would have to be approved by the TAC if it is approved by the Planning Commission. (Please refer to Attachment Q) Ingress and Egress . Public ingress and aggress to the project will be via four main driveways located along Kenilworth Drive. It is anticipated that the primary driveway will be the Kenilworth/Johnson entry, given the direct access to the proposed Target store. .Two driveways will access the project on either side of the proposed central pedestrian area around Buildings SS and S8, and a fourth at the location of Building M6 at the southerly portion of the project. Frontage improvements along Kenilworth Drive have already been incorporated as Conditions of Approval #23 - 30 of the Vesting Tentative Map, approved by the City Council. They applicant's request that the City enforce the state Vehicle Code on private streets within the Project, including Johnson Drive, will :allow the City to restrict'truck.:traffic on Johnson Drive. Therefore, it is anticipated that trucks will be using the southerly-most driveway to the south of Building M6 as the primary project ..ingress/egress for truck trips and deliveries. This will be facilitated by use of a continuous driveway connecting from this. ingress/egress point behind the reari of Building M6 connecting with the other anchor tenants: per the request of the Commission. A prohibition on truck traffic on Johnson Drive will likely reduce noise and traffic impacts from both Johnson Drive and connecting roads within the project and along the project frontage for users of the Swim Center and Skate Park, pedestrians and bicyclists. This revised truck access is further discussed below. and Loading As described on revised plan Sheets 2.3 and 2.4, the use of grasscrete will reduce the aesthetic impact. of the parking areas as viewed from Kenilworth Drive and provide the site with additional pervious surface. In addition, the' percentage of compact stalls has been increased to 30% of all parking as requested by staff and the Planning. Commission. The revised plans also provide a breakdown in total number of parking spaces for the different sections of the parking lots, per Commission request. In addition, Sheet 5.3 shows typical parking details, including typical location, spacing, and dimension of tree diamonds and planters, as well as bioswales. The increase and intensity of landscaping within the relatively large East Washington Place Page 14 ~"I~ parking areas will provide a significant aesthetic break and reduce the visual monotony as viewed from public frontages along Kenilworth and Johnson Drives. As discussed above, Sheet 1.3 shows revised truck access from the' southerly Kenilworth driveway to a revised driveway/access corridor behind Building M6, as requested by the Commission. This will provide a continuous truck corridor for loading and delivery purposes from Building M6 to Building: Al and further minimize truck traffic from bicycle and pedestrian traffic throughout the project. In addition, the future well location has also been shown in the area southeasterly of Building M6, although it should be cautioned that the exact location and dimension will be decided by staff during the Improvement Plan review process per VTM Condition #69. Art The public art proposed for°the project comply with~the applicable provisions of Chapter 18.090 of the IZO, which states that art work shall be related in terms of scale, material, form and content to immediate .and adjacent buildings and architecture, landscaping or other setting so to complement the site. and its surroundings and shall be consistent with any corresponding action of the Planning Commission as it may relate to any development entitlements. As discussed abo~ e, the applicant has agreed. to return to the Public Art Committee for further refinement and revision of the proposed public art. (Please refer to Attachment H) ion Staff has analyzed the revised plan sets as per the requested items listed above as well as all provisions as stated in Chapter 24.010 -Site Plan and Architectural Review, of the Implementing Zoning Ordinance, including the standards in Section 24.O10.G. The applicant has responded to most items requested by staff and the Planning Commission. The building eleu~ations have been provided additional detail where requested, and the massing and plane breaks have been complemented in larger buildings where most appropriate. The use of stone elements has been added in place of stucco, and refinements to the color palette have provided a better aesthetic appearance as view from all building elevations. The. applicant has requested that the City to enforce the state Vehicle Code on Johnson Drive; which will give the City the authority to restrict truck traffic on Johnson Drive. The prohibition on truck traffic on Johnson Drive will likely reduce traffic and noise from both Johnson Drive andconnecting roads within the project and along the project frontage for users of the Swim Center and Skate Park, pedestrians and bicyclists. In addition, the interior truck access, has been improved to include a delivery corridor behind Building M6 and connecting with the other anchor tenant buildings. This will increase the use of Lindberg Lane as primary truck access as well as providing improved .interior circulation of trucks and delivery vehicles that will largely avoid contact with pedestrian and bicycle project users. .East Washington Place Page 15 ~-~5 ldscaping features have been.added at key elements in the parking areas and along the nilworth frontage. The use of"`super-trees" has been expanded and the landscaping and tree- ~er throughout the parking areas has been significantly enhanced. The applicant has not ~eed to provide more two-story buildings or additional buildings along the Kenilworth frontage the reasons stated in its letter dated March 18, 2010, Attachment K. Instead, additional dscape elements would provide for a more attractive view along the Kenilworth frontage, and ~tially screen the extensive parking areas beyond without blocking views of storefronts and project features. rall, staff believes that the project is in conformance with Site Plan and Architectural Review irements and most of the Planning Commission and City Council direction has been ided or addressed. SLIC 6VOTICE A Notice of Public Hearing for the February 23, 2010 meeting was published in the Argus Courier on February 11, 2010 and notices were sent to .residents and property owners within 1,000 feet of the subject property., as well as interested parties who requested notification. At the February 23 meeting, the item was. continued to March 23, 2010. At the March 23, 2010 the item was continued to April 13, 2010. ATTACI~IMENTS A~. Staff Report for the February 23, 2010 Planning Commission Meeting B~. Draft Resolution Approving the Site Plan and Architectural Review. C~ Drawing Revision List, provided by Project Architect D~. Project Design Narrative, provided by Project Architect E~ LEED Approach, provided by Project Architect F ~ Letter from the City to Regency Centers, dated February 25, 2010 G~ Letter from Regency Centers to the City, dated March 4,,2010 H~ Letter from Regency to the City Regarding Public Art, dated March 8, 2010 I. .Letter from Regency to the City Regarding Second-Story~Uses, dated March 18,2010 J. Letter from Regency requesting City enforce Vehicle Code, dated April 5, 20,1.0 K. Letter from Petaluma Community Coalition, dated April 5, 2010 L. Resolution from City Council Certifying the Final EIR M. Resolution from City Council Making Findings and Approving the Mitigation Monitoring Program and Statement of Overriding Considerations N. Resolution from City Council approving the Vesting Tentative Map O~ Site Plan and Architectural Review Plan Set, full size set P.l Site Plan and Architectural Review Plan Set, half.-size set PP. Visual Simulation Presentation Q ~ Proposed Bus-Transit Shelter East Washington Place Page 16 T SI~~ Pl~id'G#R9® AIaCF11TECTURA~. RE~91EHl~ C®Rll®I~I®B~IS REF ~P~R®!l~aL Before issuance of any development permit, the applicant shall revise the site plan or other first sheet of the office and job site copies of the Building Permit plans to list these Conditions- of Approval and the Mitigation Measures from the Mitigation Monitoring Program in the Final Environmental Impact Report (FEIR) as notes. The plans submitted for building permit review shall be in substantial compliance with the plan set date stamped February 16, 2010, unless amended per City direction. 3. 4. All Mitigation Measures.adopted in conjunction with the FEIR (SCH NO.2005052061)for the project are herein incorporated by reference as conditions of project approval. Prior to building permit approval, the plans shall note the installation of high efficiency heating equipment (90.% or higher heating/furnaces) and low NOx water heaters (40 NOx or less) incompliance with policy 4-P-15D (reducing emissions). Prior to building or grading permit approval, all plans shall note the following and all construction contracts shall include the same requirements (or measures shown to be equally effective, as approved by Planning), in compliance with General Plan Policy 4-P- 16: • Maintain construction equipment engines in good condition and in proper tune per manufacturer's, specification for the duration of construction; • Minimize idling time of construction related equipment, including heavy-duty equipment,. motor vehicles, and portable equipment; • Use alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline); • Use add-on control devices such as diesel oxidation catalysts or particulate filters; • Use diesel equipment that meets the ARB's 2000 or newer certification standard for off-road heavy-duty diesel engines; • Phase construction of the project; and • Limit the hours of operation of heavy duty equipment. 6. Prior to building or grading permit issuance, the applicant shall provide a Construction Phase Recycling Plan that would address the reuse and recycling of major waste materials (soil, vegetation, concrete, lumber, metal scraps, cardboard, packing, etc., generated by~any demolition activities and construction of the project, in compliance with General Plan Policy 2-P-122. for review by the planning staff. East Washington Place Page ]7 ~_I 7 The project shall obtain LEED Silver certification. The proposed project will be built in accordance with Green Building standards that would reduce energy-related GHG emissions by at least 20 percent from those that would occur under current Title 24 Building Code requirements. The applicant shall present these to the City prior to the issuance of a building permit. Prior to issuance of a grading/ building permit, the applicant shall provide a lighting and photometrics plan for Planning Commission .reviewing and approval. Said lighting plan shall include exterior light locations and details of the proposed fixture type and the luminens. All lighting shall be glare-free, hooded and downcast in order to prevent glare. 9 10 11 12 13. The applicant shall be subject to the following Special development fees: Sewer and Water Connection, Community Facilities, Storm Drain, Public Art Ordinance (Ordinance No. 2202 N.C.S., School Facilities and Traffic Mitigation fees. Said fees are due at time of issuance of building permit at which time, other pertinent fees that may be applicable to the proposed project may be required. All construction activities shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and interior work only between 9:00 a.m. and 5:00 p:m: on Saturdays. Construction shall be prohibited on Sundays and all holidays recognized by the City of Petaluma, unless a permit is first secured from the City Manager (or his/her' designee) for additional hours. There will be no start up of machines or equipment prior to 7:30 a.m., Monday through Friday; no delivery of materials or equipment prior to 7:30 a.m. or past 5:30 p.m., Monday through Friday; no servicing of equipment past 6:45 p.m., Monday through Friday. Plan submitted for City permit shall include the language above. 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 Native-American community shall also be notified and consulted in the event:any archaeological remains are uncovered. The project will be subject to all applicable provisions of Chapter 17 of the Implementing Zoning Ordinance concerning tree preservation, removal, and replacement criteria. The .applicant shall incorporate the following Best Management Practices into the construction and improvement plans ~ and clearly indicate these provisions in _the specifications. The construction contractor shall incorporate these measures into the required Erosion and Sediment Control Plan to limit fugitive dust and exhaust emissions during construction. i. Grading and construction equipment operated during construction activities shall be properly muffled and maintained to minimize emissions. Equipment shall be turned off when not in use. ii. Exposed soils shall be watered periodically during construction, a minimum of twice daily. The frequency of watering shall be increased if wind speeds exceed 15mph. Only purchased city water or reclaimed water shall be used for this East Washington Place Page 18 ~-~8 purpose. Responsibility for watering shall include weekends and holidays when work is not in progress. iii. Construction sites involving earthwork shall provide for a gravel pad area consisting of an impermeable liner and drain rock at the construction entrance to clean mud and debris from construction .vehicles prior to entering the public roadways. Street surfaces in the vicinity of the project shall be routinely swept and cleared of mud and dust carried onto the street by construction vehicles.. . iv. During excavation activities, haul trucks used to transport soil shall utilize tarps or other similar covering devices to reduce dust emissions. v. Post-construction re-vegetation, .repaving or soil stabilization of exposed soils shall be completed in a timely manner according to the approved Erosion and Sediment Control Plan and verified by City inspectors prior to acceptance of improvements or issuance of a certificate of occupancy. vi. Applicant shall designate a person with authority to .require increased watering to monitor the dust and erosion control program and.provide name and phone number to the City of Petaluma prior to issuance of grading permit. 14. The applicant shall defend, indemnify and hold harmless the' City and its officials, boards, commissions, agents, officers and employees ("Indemnitees") from any claim, action or proceeding against Indemnitees to. attack, set aside, void or annul any of the approvals of the project to the maximum extent permitted. by Government Code section 66474.9. To the extent permitted by Government Code section 66474.9, the applicant's duty to defend, indemnify and hold harmless in accordance with this condition shall apply to any and all claims, actions or proceedings brought concerning the project, not just such claims, actions or proceedings brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the subdivider of any such claim, action or proceeding concerning the subdivision. The City shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in the defense of any claim, action, or proceeding, and if the City chooses to do so, .applicant shall reimburse City for attorneys' fees and costs incurred by the City to the maximum extent permitted by Government Code section 66474.9. the Pedestrian and Bicycle Advisory Committee and 15. The two crosswalks along. the route of the bike/pedestrian overpass near buildings S9 and S 10 shall be raised crosswalks with in-pavement flashing lights triggered by motion detectors (instead of pushbuttons). Additionally, the applicant shall install in-ground pavement lighting with pole mounted flashers (trigger by button or motion) at the following locations: a. Kenilworth Drive pedestrian crossing at the southern end of the project. East Washington Place Page 19 ~i ~