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HomeMy WebLinkAboutMinutes 07/10/1990179 REGULAR July 10, 1990 CITY COUNCIL CHAMBERS 7:00 P.M. CITY HALL PETALUMA, CA The Planning Commission encourages applicants or their representatives to be available at the meeting to answer questions so that no agenda item need be deferred to a later date (D due to a lack of pertinent information. COMMISSIONERS PRESENT: Balshaw, Bennett *, Doyle, Libarle, Parkerson COMMISSIONERS ABSENT: Read, Tarr U STAFF: Warren Salmons, Planning Director Pamela Tuft, Principal Planner * Chairman MINUTES OF June 26, 1990 were approved with corrections to Page 18. PUBLIC COMMENT: (15 minutes maximum). The Commission will hear public comments only on matters over which they have jurisdiction: There will be no Commission discussion or action. The chairman will allot no more than five minutes to any individual. If more than three persons wish to speak their time will be allotted so that the total amount of time allocated to this agenda item will be 15 minutes. DIRECTOR'S REPORT: - Corona /Ely Specific Plan EIR and Financing Plan Award from Northern California Chapter of The American Planning Association; 1990 -91 budget. COMMISSIONER'S REPORT: None. CORRESPONDENCE: Memo regarding comments on Housing Element; memo from Engineerih& Department regarding Dufton; letter from neighbor regarding Dufton accessory dwelling; errata sheet regarding River Oaks recommended conditions. APPEAL STATEMENT: Was read. J 1 & OLD BUSINESS CONTINUED PUBLIC HEARING I. RIVER OAKS,, BETWEEN 'PETALUMA BOULEVARD NORTH AND HIGHWAY 101, AP NO.'S 007- 391 -09, 007 - 401 -10 11.878(pt). , 48- 080 -13, 48- 190 -09; FILE N0.3:39.1, 8.113, 1. Consideration of General Plan amendments (land use designation and circulation exhibit) ;, (public hearing has been closed). 2. Consideration of proposed Rezoning /Prezoning public hearing: has been closed). 3. Consideration of proposed PCD Master Plan Program (Petaluma Outlet Village). 4. Consideration of application for Annexation. The public hearing regarding PCD Master Plan Program was continued. SPEAKERS: Jim Lucas - Chelsea Group Described project.; Pstablil e .t of riverwalk area; amount of revenue City will receive. Greg Wadell - Traffic Consultant for Chelsea Group described traffic mitigations; level of service (LOS) information. Mike Robertson - Majors Engineering (Applicant's Civil Engineer.); described flood mitigation measures designed for proposed project; bridge designed for 500 -year flood occurrence. Greg Wadell Described flood early - warning system; river area coordinated with Fish and Game. Sand, Reed - Landscape Architect for applicant - Described river access area landscaping: tree canopy continues along river.. Jim Lucas Condition 26 - Option A is preferred; Condition 43D - reaccess to be. discussed with City Traffic Engineer; Condition 48 - concerns that, as worded, could create problems in obtaining financing, would like to be able to make changes to uses in the future if necessary. Alan Tilton - City Traffic Engineer - Described physical improvements to mitigate traffic problems. Martin Fleisher Willey Creek Representative - Petaluma River Master Plan has, not been developed; development Of this PCD is not in conformance with ,Petaluma General Plan; River plan should be, developed prior to any decisions; this project should be:slowed down, it is being proposed contrary to CEQA,guidelines. Warren Salmons - Property is either inside City Limits or in Sphere of Influence and will-be annexed - General Plan recognizes potential for urbanization; parcels B &C need to be evaluated along with parcel A; river hydrology (.Cond on 26) easement will allow development to proceed with 100 =year flood channel improvement p.ossibdi'ties; should land use (factory, outlet use) be limited by City? Discussed fees payable to City for development; projections on property taxes, sales taxes to City, etc.; Martin Fleisher's (Willey Creek Representative) statements regarding river study (see above) are off -base. Willey Creek. has submitted an appeal of Commission recommendation on certification of River Oaks EIR which was. not provided to Planning Commission because it was addressed to the City Council. 2 ti 11ah CY 18i COMMISSION DISCUSSION Commissioner. Bennett Project site has a ;history of 'being considered and rejected as a park site; factory outlet concept will make positive contribution to the community; does not like the design - looks cheap, should be redesigned. Commissioner Parkerson Existing potential use vs. proposed use - traffic impacts greater with proposed use - two main issues are traffic and revenue; flood issue mitigated; concerns regarding General Plan amendment regarding traffic impacts. ° Commissioner Doyle - Concerns regarding traffic impacts. Commissioner Libarle - Petaluma needs this project for several reasons; revenues, viable retail base; Parcels B &C - no development should be allowed until Rainier overpass is in place; supports this project. W Commissioner Balshaw - Community would benefit from this project; factory outlet use should be required for five years or so; is there any bus parking? There should be. O Commissioner Doyle - Does not like design - layout is ok, facade is not. Commissioner Parkerson - Design is not as offensive as Commissioners Doyle and Bennett think. (� Commissioner Libarle - Does not dislike facade design. Commissioner Parkerson - Concerns regarding General Plan Amendment process - inte- mification of use. Commissioner Doyle - Concerns regarding General Plan Amendment. Commissioner Libarle - Use may not be as intense (traffic) with this use as with industrial park use, particularly during peak hours. Commissioner Bennett - Payran is a solvable problem; traffic will probably not be too bad. The public hearing was closed. A motion was made by Commissioner Libarle and seconded by Commissioner Balshaw to recommend to the City Council approval of a General Plan Land Use Map Amendment changing the designation from Special Industrial /Office Park to Special Commercial based on the findings listed below: COMMISSIONER BALSHAW:Yes COMMISSIONER READ: Absent COMMISSIONER PARKERSON: No - traffic impacts COMMISSIONER DOYLE: No CHAIRMAN BENNETT` :Yes COMMISSIONER LIBARLE :Yes COMMISSIONER TARR:Absent Findings 1. The proposed amendment is deemed to be in the public interest in that it will help the City achieve Local Economy objectives (g) and (h) of the General Plan. The project will "maintain and expand Petaluma's existing retail base" (Local Economy Objective. (g)) by permitting the development of a new destination- oriented commercial retail complex consisting of approximately 200,000 square feet and including a manufacturer's retail outlet village. Future development related to this retail complex could include conventional retail, restaurants, hotel /motel and related services, offices, and financial institutions and related uses, all of which will further expand Petaluma's existing retail base. These developments will increase the City's economic vitality by enlargin& and diversifying its existing retail base and synergistically blending with it. By increasing total taxable retail sales within Petaluma, these developments will strengthen the City's fiscal health. 3 e O The project will help "encourage growth in tourism at a minimum rate of 5% annually above inflation'.' (Local Economy Objective (h)'). It will do this by permitting the development of a. new destination - oriented commercial retail complex mcorporat'ing a manufacturers' retail outlet village. This manufacturers' outlet village is expected to attract visitors to Petaluma from. the surrounding nine- county Bay Area, as well as attract tourists from outside the Bay Area who are using Highway 101 to reach.vacation destinations both within and outside the Bay Area. 2. The proposed General Plan amendment is consistent ,and compatible with the rest of the General Plan and the implementation programs which it affects. In support of this finding, the. General Plan consistency analysis set forth . at gages 19 through 31 of the Draft EIR, with the following. amplifications, is hereby incorporated' 'by reference, the same as if set forth fully'here.in: In addition to the above referenced analysis, it is specifically found that 'the proposed General. Plan amendment is consistent with Policies 2 and 3 contained in Chapter 8, Local Economy, of the General Plan, and the uses of the project site proposed by the Master Plan application are appropriate and consistent with the General Plan. As set forth in Finding No. 1 above, the proposed' General Plan amendment and the proposed uses of `the project site will help achieve "Objectives (g) and (h) of the General Plan. Based on,a review of the General Plan Land Use Map and the 1989 Petaluma Business Park and Industrial Development. Survey, there is sufficient ,undeveloped or underdeveloped industrially -zoned land to achieve Objective (a) of Chapter 8, Local Economy, which states "reserve industrially -zoned areas primarily for work -place uses. When these facts are placed within the overall context of the General,Plan and are balanced against the other objectives and policies contained in the General Plan, they support the foregoing conclusions of consistency and appropriateness. Further, it is specifically found that the proposed General Plan amendment and the proposed project are both consistent with Policy 2 contained ;in Chapter 10, Transportation, of the General_ Plan, which states "Traffic improvements shall be made Ito arterials and collectors to provide LOS "C" or better, where feasible." Assuming the cumulative transportation impacts of approved projects plus potential projects not currently approved (see pages 11:1 -122 of the Draft EIR), and depending on whether the Rainier Extension is constructed, certain roadway links and /or intersections may not achieve LOS "C" or better, as set forth in Policy 2. It is found and determined that it is. not feasible,, as this term is set forth in the General Plan, to achieve LOS "C" or better due to the magnitude of the. projected cumulative transportation impacts. It is further recognized that the LOS calculation contained in the DEIR. for the development of Parcel A indicates the worst case scenario during the highest volume 15 . minutes of the PM peak hour rather' than a typical occurrence during a given 24 hour period. 3. The potential impacts of the proposed General Plan amendment have been assessed by the EIR and have been, determined to be either insignificant; capable of -being mitigated to a level of insignificance, or justified by overriding consideration, as set forth in the legislation certifying the EIR, Accordingly, the proposed ,General Plan amendment is hereby determined not to be detrimental to the public health, safety or welfare. 183 CD M O U Q C' 4. The proposed General. Plan amendment has been. processed in accordance with the applicable provisions of the California Government Code in that this amendment has been reviewed by the Planning Commission at properly noticed public hearings, and the Commission has made a recommendation to the City Council regarding this amendment. Further, this amendment has been processed in accordance with the California Environmental Quality Act and the City's environmental review guidelines, and the 'final EIR pertaining to this amendment is hereby- incorporated by .reference, the same as if fully set forth herein. A motion was made by Commissioner Libarle and seconded by Commissioner Doyle to deny the requested amendment to the General Plan Circulation Map based on the following findings: COMMISSIONER BALSHAW:Yes COMMISSIONER READ: Absent COMMISSIONER PARKERSON: Yes COMMISSIONER DOYLE: Yes CHAIRMAN BENNETT:Yes COMMISSIONER "LIBARLE:Yes COMMISSIONER TARR:Absent Findings: 1. The proposed amendment is deemed not to be in the public interest. 2. The proposed amendment is not consistent or compatible with the rest of the General Plan. This collector road shall be provided as set forth in the conditions for the approval of the PCD Program Master Plan. A motion was made by Commissioner Libarle and seconded by Commissioner Balshaw to recommend to the City Council approval of the proposed prezonin of unincorporated lands (part of 048- 080 -13 and all of 048- 190 -09) from P.FP -C (Prezone /Floodplain Combining), and FW (Floodway) to P.P.C.D. (Prezone /Planned Community District), P.FP =C and FW and rezoning of Assessor's Parcels Numbers 007 - 391 -09, 007 - 401 -10 and part of 048 - 080 -13 from Light Industrial (M -L) with Flood lain Combining (FP -C) and Floodway, (FW) to P.C.D. (Planned Community District, FP -C and FW, and the abandoned - railroad right -of -way adjacent thereto; in accordance with the proposed River Oaks /Petaluma.Outlet'Village Master Plan, which plan comprises the Planned Community Program .required by Section 19 -302 of the Zoning Ordinance, based on the following findings pursuant to Sections 19 -500 and 27 -402 of the Zoning Ordinance based on the following findings: COMMISSIONER BALSHAW:Yes COMMISSIONER READ: Absent - COMMISSIONE'R PARKERSON: No - COMMISSIONER DOYLE: No CHAIRMAN BENNETT:Yes COMMISSIONER LIBARLE:Yes COMMISSIONER TARR:Absent Traffic Impacts 5 • I Findings 1. That the River Oaks /Petaluma Outlet Village proposed development, as conditionally approved, is in. substantial harmony with the General Plan of the City of Petaluma, and is or can be coordinated with existing and planned development of the surrounding areas. 2. That. the streets and thoroughfares'propos'ed (entry to River Oaks across bridge to Petaluma Boulevard North and future north /,south collector road), through conditions of approval, are or will be suitable and adequate to serve the proposed uses and the anticipated traffic which will be generated thereby. 3. That the facts submitted with the PCD application and presented through the preparation of a Environmental Impact Report and during public hearings establish that: A. Development of the PCD will be initiated within a reasonable period of time for the planned first stage of development, being the Petaluma Outlet Village which is designated as Site "A" by the River Oaks /Petaluma, Outlet Village iviaster Plan, which plan comprises the conditionally approved Planned Community Program required by Section 19 -302 of the Zoning Ordinance. The development of Sites "B and "C ", as designated by the Planned Community Program, shall be. consistent with said program and shall occur in accordance with Finding 5 below. B. Development of the PCD will be appropriate in area location and overall planning to the.purpose intended; and such development will'be in harmony with the character - of the surrounding areas, through implementation of mitigation measures set forth in the certified Environmental Impact Report . and conformance with the conditions of approval for the Planned Community Program, as set forth below: 4. That the public necessity, convenience :and general welfare clearly permit the adoption of the proposed zoning amendments. 5. That the Planned Community Program, as required by Section 19 -302 of the Petaluma Zoning Ordinance shall consist of the: River Oaks /Petaluma Outlet Village Master Plan as conditionally approved by the City of Petaluma, subject to specific project review (environmental, land use and site design as deemed appropriate by the City of Petaluma) prior to each subsequent development proposal for Parcels 'B" and "C' as set forth within said. Master Plan. A motion to the C n by CouCommissioner L i a to and se by Commissioner Balshaw to ty pp he River Oaks /Petaluma Outlet Village PCD Program Master- Plan subject to the amended conditions 22,23,25,26 option A,43D,48,49D,51C and 51C & C -4 listed below: COMMISSIONER BALSHAW:Yes COMMISSIONER READ: Absent COMMISSIONER PARKERSON: No - Traffic Impacts COMMISSIONER DOYLE: No CHAIRMAN BENNETT :Yes COMMISSIONER LIBARLE:Yes COMMISSIONER TARR:Absent in MMA Conditions Note: Conditions which are based on mitigation measures from the Environmental Impact Report are identified by "(mm)" at the end of the condition. Relative to the River Oaks PCD Master Plan document: 1. The following text changes to the PCD Master Plan document shall be undertaken, subject to staff review and approval: CD A. Add abandoned railroad right -of -way to exhibits. 0 B. Page 8 - amend Permitted 'Primary Uses" section to delete list of specific permitted uses - refer to factory outlet center for Parcel "A", and refer to U General Plan definition of "Special Commercial" for outlining potential uses on Parcels "B" and "C. Cl Rage 9 - correct parking figures for Factory Outlet Center to reflect final approvals. D. Page 11- delete parking as permitted use within the Riverwalk Corridor area. E. Page 12 - correct narrative on riverwalk corridor width to reflect condition of approval. E. Pages 14 and 15 - amend to reference required collector road, indicating location. F. Amend Legal Description to include abandoned railroad right -of -way. Amended PCD Master Plan document shall be provided, by the developer, to City staff, with 30 days of Council approval. Relative to the entire River Oaks /Petaluma Outlet Village PCD site: 1. Construction activities shall utilize proper design and construction techniques, subject to City staff review and approval, to minimize damage from ground shaking to include, but not be limited to the following: A. Spread footings bottomed on properly compacted fill for buildings. Wall and column footings shall be at least 18 inches wide and bottomed at least 18 inches below the lowest adjacent subgrade, subject to checking by qualified professional and City staff. B. Bridge abutment supports to gain primary support from end- bearing in the mudstone bedrock underlying the alluvium at about 30 foot depth, subject to checking by qualified professional and City staff. (mm) 2. Construction activities shall utilize proper engineering techniques during design of excavation, grading and site preparation improvements, subject to City staff review and approval, including but not limited to the following: 7 o 1 A. mitigation of effects of. expansive soils, including moisture conditioning or excavation of .expansion materials, with replacement of non - expansive material, subject to review and approval of City staff. B. Design of drainage system provide that no ponding of surface water and runoff occurs. Runoff from roofs shall be, directed away from structures and routed in a closed pi e to a suitable outlet or collector, subjectto review and approval of City staff. (mm) 3. Underground utility improvements shall be constructed of corrosion- resistant pipes, materials subject to review and approval of City Engineer. (mm) 4. Private:streets and parking lots within the site shall be cleaned and swept frequently to minimize the. amount of contaminated runoff. Parking lots shall be designed to include catch basins or other appropriate improvements to minimize sediment and debris being introduced into the river, subject to City staff review and approval. (mm) 5. Grading plans shall include. provisions to avoid, to all extent possible, :sil Cation and erosion. runoff to the Petaluma River from graded areas during construction periods, subject to review and approval of Citystaff. (mm) 6. Grading plans, subject to review and approval of City staff, shall address the following: A. location_ of fill adjacent to Petaluma River; for example, in remnant channels and methods of stabilizing these areas B. areas to be revegetated, methods, and types of vegetation C. methods to reduce runoff across and avoid sediment accumulation on graded areas. D. An erosion. control plan to specify measures to reduce both short- and long- term erosion problems. (mm.) 7. Interim and /or permanent replanting of disturbed sites shall be undertaken, by the developer, at the earliest possible opportunity following construction activity, subject to determination of City staff. (min) g ) and applicable l City standards (Petaluma Zoning Ordinance licable FEMA ,constraints for floc41aln development, 8. Development of the sites) shall conform to the loca_ ty ect. to review and. a roval, of all a ro hate re 1 to in sure no subject pp pp p gu atory agencies, to in net increase in flood levels either upstream or downstream of the project sites. (MM) 9. No construction of buildings or placement of fill shall occur within the floodway. Permitted exception may be work performed for bank stabilization (assuming no increase in flood levels) as required and /or approved by the appropriate regulatory ■ agency. q.�N':'i'.'•rr �{f lire0 ?��a'iryfl - .�• 3 pF r 187 10. Landscaping activities shall incorporate measures to insure that introduced exotic and / P t review and approval � staff es do degrade adjacent habitats, subject to sta P 11. Bus pull -outs and bus stop shelters shall be provided on Petaluma Boulevard North in 'the vicinity of the access drive concurrently with construction of public : improvements. Location and design shall be subject to City staff review and approval. (min) 12. The following modifications to Petaluma Boulevard North shall be incorporated into public improvement plans and construction for the first phase of development, Count to review and approval of the appropriate reviewing agency (City and /or 0 A. The southbound to northbound U -turn lane along Petaluma Boulevard North just north of the project access shall be eliminated. (mm) V B. Lower foliage on the trees lining the southbound lanes of Petaluma Boulevard North just north of the project access shall be selectively thinned, in order to provide clear sight lines to southbound drivers to see the new signalized intersection. (mm) C. A northbound to southbound U -turn lane on the Petaluma Boulevard North northbound. approach to the Outlet Village access shall be provided. (mm) D. The required removal of any existing trees along the Boulevard, shall require replacement at a ratio of five 24" box trees for each one tree or one field grown tree (minimum height of 30') for each one tree removed. Location and species shall be subject to staff review and approval. Replacement trees shall be provided with an interim watering system, at the cost of the developer, subject to staff review and approval. 13. Design of all proposed development(s) shall incorporate the preservation of the natural features of the site(s), particularly the Corona Creek remnant, Deer Creek and related seasonal wetland areas, large tree(s) and existing riverfront habitat. (min) 14. The developer(s) shall be responsible for the updating of the Water Master Plan, prior to issuance of any development permits, to insure provision of adequate water service for the proposed project as well as the adjacent properties under the current general plan zoning, subject to review and approval of City Engineer. The possible need for looping of the present water main system shall be determined as a function of'this plan update. (mm) 15. Developer(s) shall be responsible for the extension of all water mains needed to serve the project site, providing sizing as dictated by the updated Water Master Plan. Extension improvements shall include provision of stub -outs for future extensions as deemed appropriate by the City of Petaluma to serve future needs. (mm) 16. Developer shall be responsible for the provision of adequate water main extensions to provide necessary fire flows. Developer shall be responsible for the installation of all required fire hydrants and related improvements, subject to review and approval of City staff. (mm) 6 M OT 17. The developers) shall be responsible for the updating of the Sewer Master Plan, prior to issuance of any development permits, to insure provision of adequate carrying and servicing capacity for the proposed pro'ect and surrounding sewer basin, subject to review and approval of City Engineer. �m ) 18. Developer(s) shall. be responsible for all main extensions, including pump stations, to be sized and, designed to service the entire sewer basin. Sewer line shall be extended to the project boundaries to provide for extensions without future' disruption to developed properties: (mm) 19. Any existing and. all proposed utility lines traversing, adjacent to and /or serving the. project sites.shall be undergrounded or conduit installed to facilitate future undergrounding, unless exempted by City, code, to reduce visual and aesthetic impacts. Public improvements shall include providing stub -outs to project boundaries, as deemed necessary, by City and utility company staff. If.conduit is installed rather. than undergrounding, developer shall contribute the equivalent costs of later ,conversion to the City of Petaluma. at time of public improvement construction, subject to determination, of the City Engineer. (mm), 20. Project applicant(s) shall purchase a transmitter and radio equipment to facility City emergency vehicle right -of -way control at the new signal at Petaluma Boulevard North and the project access. Timing of purchase and specific brand. of equipment shall be as deemed appropriate by the City Fire Chief. 21. The following construction practices shall be implemented, subject to staff review and approval: A. Contractors shall water exposed dust generating surfaces in late morning and at the end of the day. Additional watering activity may be deemed necessary when wind speeds exceed 15 miles per hour. B. Soil piles ishall be protected or separated, where deemed necessary by staff, to avoid spillage onto traffic lanes. C. All trucks hauling soils or similar dust generating material shall utilize tarpaulins or similarly effective covers to reduce dust generation along routes traveled. If deemed appropriate in response to complaints received by City staff, work areas shall be; swept or washed down and' truck tires leaving, the site shall be hosed off to avoid tracking of debris off the site. D. The developer shall designate :a job superintendent or responsible person to monitor the above dust control program,, authorized to order increased watering, if deemed necessary by City staff. (mm) 22. The north -south collector road will be provided, as required by the City Traffic Engineer, in the following increments A. An emergency road to the Petaluma Factory Outlet Village will be provided from Corona Road. The entire emergency roadwll be completed'prior to issuance of village occupancy' permits. Alignment rand structural design of the emergency road from Corona Road t0 the point where it abuts the village will be subject to review and approval of Ci staff. 10 0 1 O B. The collector road along the Factory ,outlet Village parcel shall be completed concurrently with the first leg for either Parcel B or C. C. Development approvals for Parcel B will require completion of the length of the collector road connecting the a4+eady-eompk-t-ed4L-gabutling -the outlet village with either: 1) the proposed Rainier Extension or 2) Petaluma - - - -- Boulevard-,North, at -a, location to be approved by the City of Petaluma. D. Development approvals for Parcel C will require completion of the collector road between Corona Road and the- al -r'ead -yc�pleted-leg- abetting -the outlet village, along an alignment to be approved by the City of Petaluma. Co It is recognized that City participation in the exercise of eminent domain may be necessary to obtain necessary right -of -way, subject to need and analysis at time 0 of development proposal for Parcels Band /or C ' c:1 23. Existing billboards on the River Oaks PCD Master Plan site, shall be removed from U the site concurrently with the construction of the collector road. Q 24. All development within the River Oaks Master Plan site shall be subject to the payment of all applicable development fees. 25. Subsequent to LAFCO review, if annexation of additional lands and /or public right - of -way is required by LAFCO, interim public safety improvements, such as guard rail or curbing, to Petaluma_ Boulevard North may be required. If said improvements are required by either the City or County, costs of said public safety improvements shall be borne by the developer(s). Relative to development of Parcel "A" with the proposed Petaluma Outlet Village: Note: Several conditions are set forth with two options for consideration which correspond to one another. (e.g.: If option "A" is selected, then all option conditions shall defer to. identified option "A ".) 26. OPTION A: Develop site, as proposed, utilizing parking lot as stormwater flow - through system to insure no net increase in flood levels. 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An evacuation plan shall be developed by the Factory Outlet Village proponent to include an early warning device, monitored by the on -site security to provide timely evacuation of persons_ and /or vehicles at. time of inundation of the parking area(s). Evacuation plan shall be subject to review and approval by City staff prior to issuance of the first certificate of occupancy. The evacuation plan shall include provisions to identify the measure of flooding which would dictate the need to close all operations within the factory outlet center. The evacuation plan shall be referred" to and incorporated into the mall rules and regulations and thereby referenced in each individual tenant lease to insure: notification of ,evacuation and /or closure possibilities. If deemed necessary by the City Attorney, a document °shall be prepared by the developer and recorded against the property identifying the evacuation plan. 28. Development of the site shall include the incorporation of stormwater detention facilities to retain surface flow up to the 100 year event and to eliminate potential- increase 'in flood levels, subject to approval of all appropriate regulatory agencies, concurrent with the lissuance of the first development permit. (mm) Y. Stormwater detention facilities shall be designed to allow settling of stormwater sediments. Collection and removal of sediments from on -site detention facilities shall be undertaken by developer/ operator as deemed necessary by City staff to insure ongoing function of sediment collection system in perpetuity. A program shall be prepared by developer. to set forth cleaning, and sediment collection and removal process and .schedule, subject to review and approval of City staff prior to issuance of development permits. (mm) 30. The bridge, across the river,. shall provide for a clear span over the floodway. The entrance bridge shall include provisions for bicycle and pedestrian traffic, subject to City. staff review and. approval. 31. The developer of Parcel A Mll create a riverfront corridor, which will include enhancement of riparian habitat along .the Petaluma River and provision of public access. The riverfront corridor will be designed to; be extended through Parcels B and C at the time those parcels are developed. The proposed riverfront corridor improvements will be subject to review and approval by SPARC, City staff and all appropriate regulatory agencies. (mm) 32. Assuming the adoption, of either. Option A,or B as contained in condition #26: The riverfront corridor width shall vary, with a.nu of 75' and an average in excess of 100', measured from the centerline of the Petaluma River to the edge of parking lot improvements. 33. The river corridor shall be offered to the City of Petaluma, in fee, through an irrevocable offer of dedication prior to the issuance of the first certificate of occu ancy. Said irrevocable offer of dedication;shall not inhibit or restrict required five (5) year maintenance requirement of riverfront corridor riparian enhancement program and improvements. 34. Physical improvements adjacent to the : Petaluma River shall be undertaken in a manner to restore and enhance, over a reasonable period of time and to the extent possible, the riparian habitat of. the River, in conformance with an approved Biological' Mitigation Plan (BMP). 12 y 191 A biological mitigation plan (BMP) shall be prepared and implemented by the developer to create an on- or off -site native riparian and seasonal wetland habitat in com removal degradation of the on -site habitats and wetlands. The BMP shall be pre P p d b y a biologist in concert with a licensed landscape architect and shall be subject to review and approval of the City of Petaluma staff, Department of Fish and Game and SPARC, prior to the issuance of any. development- permits: The plan shall identify measurable objectives, site locations, site ' preparation techniques, planting materials and methods, performance criteria, phase timing and maintenance /monitoring strategies. The BMP shall also include design and location of required interim .fencing and signage to protect and identify ongoing restoration work. The BMP shall include recommended schedules for inspection of ongoing work by a qualified arborist. 'or biologist to insure work is W progressing in accordance with said approved plan. The restored habitat shall be monitored and maintained, at the cost of the developer, for a period of five years 0 following completion of the restoration, as determined by City staff. Subsequent monitoring and maintenance shall be undertaken by a Landscape Assessment V District, which shall be formed at the cost of the developer, prior to the conclusion of the five year break -in monitoring and maintenance period. (mm) d �t is recognized that based on the choice of option adopted, as set forth in condition #26, the BMP will address that specific riverfront scenario. 35. The; approved BMP for Parcel A (Petaluma Outlet Village) shall be fully implemented with all planting achieved prior to issuance of the first certificate of occupancy, weather permitting The developer shall have the option of bonding for - required improvements that have not been implemented due to weather, or improper planting periods, subject to City staff approval. 36. All riverwalk pathway, parking lot and bridge lighting shall consist of high and low pressure sodium luminaries that do not attract night -flying insects, subject to SPARC review and approval. The riverwalk pathway shall be designed to limit the points of access to the river by humans to identified areas, providing for substantial setback from the river along the remainder of the river frontage, subject to SPARC review and approval. 37. Hydrologic capacity and perpetual maintenance of riparian habitat shall be insured through the formation of a Landscape /Hydrologic Maintenance Assessment - District. Cost of formation shall be borne by the developer prior to issuance of the first certificate of occupancy. 38. The` Petaluma Factory Outlet shall contribute a proportional, fair share, of traffic signal installation and /or upgrade costs at the following intersections: A. Petaluma Boulevard North at Stony Point Road /Industrial Avenue (proportional share estimated at 22.1% _ $44,200). B. Petaluma Boulevard North at US 101 freeway southbound on -off ramps, plus the installation of an interim traffic signal at Petaluma Boulevard North at US 10.1 freeway southbound off -ramp (proportional share estimated at 16.2% $16,200). C. Old Redwood Highway at US 101 freeway northbound on -off ramps (proportional share estimated at 16.2% _ $16,200). 13 192 D. Corona Road at Industrial Avenue (proportional share estimated at 35.3% _ $35,300).. E. Payran Street /.Magnoli Avenue /Petaluma. Boulevard North (proportional share estimated at 15.3% _ $13,800). F. Petaluma Boulevard North at Skillman (,proportional share estimated at 15.1% = $18,100). The proportional 'fair share contribution is based .upon project related increase in Eng 0eak ( mm) traffic volume at the intersection, as determined by the City Traffic 39. The Petaluma Factory Outlet .shall contribute a proportionate, fair. share portion of the Rainier overpass interchange and connectors project overall improvement costs, as determined by the City Council. 40. The 'Petaluma Factory Outlet shall contribute a fair share portion of the cost of construction of the proposed collector street connecting Rainier Avenue and /or Petaluma Boulevard North to Corona Road, subject to determination of the City Engineer. Alternative means of funding of the construction of the required collector road, such as. through an Assessment District, may be pursued,, subject to. authorization by the City Council. (mm) 41. The developer shall prepare and implement a 'TSM (Transportation Systems Management) program, prior to the issuance. of the first certificate of occupancy.. The'TSM program shall include evaluation, solutions and means of implementation and. monitoring of measures needed to address adequate - mitigation of the reduced LOS and air quality at identified intersections. The TSM program shall be subject to review and approval of City staff. (mm) 42. If deemed appropriate by the City Engineer, public access easements shall be provided from Petaluma Boulevard North, across the access bridge and extending along the project circular, frontage road to adjoin Parcels B and C. 43. The 'following conditions of the.City.Engineering Department shall be incorporated into the development of Parcel "A ", the Petaluma Factory Outlet Village: A. The project applicant shall employ active measures such as dense landscaping buffers, berms or low retaining walls to concentrate pedestrian crossings of parking aisle and roadways at designated locations. B. The project applicant shall install an all -way STOP at the intersection of the primary access road and the Westerly ° perimeter road. C. The project applicant shall install an all -way STOP at the intersection of the westerly perimeter road and access streets serving adjacent parcels. D. The outlet village shall implement active control measures, such as bollards, alternative pavement design and _ signing to minimize vehicle activities on the internal center street. Staff shall review the effectiveness of -the implemented measures within six months of the completion of 'the center with the authority to require additional control measures, if necessary. 14 193 E. F- ------- The- project- -entrance at Petaluma- Boulevard shall be signalized. The proposed intersection design shall incorporate the following design elements: 1. The closure of the U -turn located northerly of the project access on Petaluma Boulevard North will displace turns made by large trucks. CD The proposed access intersection will need to be designed to G) accommodate large truck turn requirements. 0 2. Vehicle counting and monitoring capacity shall be incorporated into the design of the traffic signal at the project access onto Petaluma C) Boulevard North. The monitoring system will be used by the facility Q and City staff to better manage traffic flow to and from the center. OPTION FOR INTERSECTION CONFIGURATION: 1. The intersection shall be configured to include Oak Lane as shown in Figure IV, Pg. 151 of the DEIR. 2. If not aligned with Oak Lane, a level, paved buffer area (at least 3 to 4 feet wide) between the southbound through travel lane along Petaluma Boulevard North adjacent to the curb and the raised channelization delineating the exclusive right 'turn deceleration - acceleration lanes serving Oak Lane shall be constructed. 44. Police Department recommendations shall be incorporated into development improvements, including but not limited to: A. Provision of secondary access point to serve project(s). B. Location of security area within the mall management office, on an outside perimeter line of the project to all extent possible (Factory Outlet). C. Inclusion of routine crime prevention features into project (Factory Outlet) such as lighting, vandal resistant fixtures, locks. 45. All restaurants located on the project site shall utilize processes that insure compliance to BAAQNM Regulation No. 10 and City performance standards relative to odor emissions. (mm) 46. Project shall be designed to utilize solar exposure, to all extent possible and to incorporate use of energy - efficient building materials and energy - conserving features. Pro ect shall be designed to provide for natural ventilation, to all extent possible. (mm� 47. The proposed Factory Outlet Village on Parcel "A" shall be subject to site design review by the Site Plan and Architectural Review Committee. Particular emphasis shall be placed on inclusion of the following as part of the public review process: . 15 The outlet village shall employ active traffic control measures on parking aisles which have long straight segments which exceed 400 feet in length, 194 A. Design of a riverfront corridor. and -BMP plan to protect_ and enhance the natural habitat and provide opportunity for public enjoyment (see also mitigation measures specific to this concern). The completed rare plant survey shall be included in this portion of SPARC review. B. Preparation of a coordinated design for signage and lighting. C. Screening ° of outdoor storage and trash areas as well as HVAC systems from ' public views. D. Development of a recycling program by the applicant, and provision of recycling collection facility in convenient; easily accessible location, to promote an active tenant recycling program. E. Emphasize use of; native and /or regionally indigenous species between buildings, in parking lots, along the river corridor and roadway system in order to develop a visual buffer ' between properties and create aesthetic qualities. F. Preservation of the agricultural flavor of the site through project's architectural. character and design elements, to minimize apparent height, bulk and mass of structures. f City of Petaluma. that Parcel 'A shall remain a factory outlet center. 48 s intent To this end, leasable square footage within the factory Outlet Village shall be occupied by a minimum of 70% factory outlet uses (exempting food services -and second floor square footage). For .the purpose of this condition. , factory outlet uses . shall be defined as a tenant which is accepted by the Manufacturers Idea Exchange; and which controls the marketing and distribution of its own brand name or label, and /or typically offers 384e discount on nationally known. products and /or any other tenant* typically ** found in outlet malls such as those owned and operated by the developer, The Chelsea Group. Compliance to the 70% minimum standard shall be assured through the issuance of tenant improvement building permits and /or prior to the execution of . a lease through review by the Community Development, Department. Over -riding economic ,and /or market changes which indicate that a change in land use is warranted shall be expediently considered by the City ,through a PCD modification requested by the owner /operator of the mall. * For this condition, "tenant" shall mean the same specific tenant, not type of use or occupancy. ** For this condition, "typically" shall mean commonly operating in a significant number of outlet malls. Relative to future proposed development of Parcels "B" and "C ": 49: No subsequent development shall occur on Parcels "B and /or "C" until such time as appropriate supplemental environmental analysis is undertaken by the City of Petaluma in conjunction with any imodification of a PCD Development' Plan and /or Program and project review. A. The required environmental analysis undertaken.for Parcel "B" shall include, but not be limited to, potential impacts and mitigation measures needed to 16 �$'.,} r5, rrTT o. 195 minimize adverse impacts to Capri Creek, the Petaluma River and other natural physical features. Mitigation measures shall include preparation of a riparian enhancement plan, including identification of creek setback based on environmental values and hydrologic constraints. It is recognized that implementation of mitigation measures for preservation and enhancement of Capri Creek riparian habitat is dependent upon cooperation of the land owner, Sonoma County Water Agency. B. The required environmental analysis undertaken for Parcel "C" shall include, but not be limited to, potential impacts and mitigation measures needed to minimize. adverse impacts to existing seasonal wetlands, freshwater marsh and riparian habitats. Mitigation measures shall include preparation of a C riparian enhancement plan, including identification of setbacks for protection (3) and preservation of the existing habitat. 0 C. A rare plant survey shall be undertaken by the owner /developer of Parcels B and C, in conjunction with .the study undertaken for Parcel A, subject to 0 review and approval by the City of Petaluma. Any development proposed for Parcels B & C shall be subject to the PCD modification requirements set forth in Article 19 of the Petaluma Zoning Ordinance. Particular emphasis may be placed on the need -to identify, protect and enhance areas of Regional significance due to City -wide recognition of significant features (trees, plants, water courses, etc.). D. Specific, vicinity and area -wide traffic impacts and mitigations associated with proposed projects on Parcels B and C shall be identified and implemented concurrent with environmental .analysis of a specific project. Analysis of project traffic impacts for proposed projects on Parcels B and C shall include evaluation of potential need to require shared parking agreements with development on Parcel A.(mm) No development on these parcels to be allowed until after Rainier Overpass is completed. 50. Specific land use proposals for the development of Parcels B and /or C, proposed through the PCD modification process, shall be undertaken in compliance with the definition of the General Plan Special Commercial designation and all applicable objectives, policies and goals. 51. The following conditions of the City Engineering Department shall be incorporated into the development of Parcels B & C: A. A collector street connecting parcels A and C with Corona Road shall be constructed as part of the development of Parcel C. Method of construction may include formation of an Assessment District subject to City Council approval. B. The collector street together with a connection to Petaluma Boulevard North and /or Rainier Avenue extension shall be constructed as part of the development of Parcel B. C. The project applicants for Parcels B and C shall contribute a proportional, fair share of traffic signal installation and /or upgrades at the following intersections: 1. Petaluma Boulevard North at Stony Point /Industrial Avenue. 17 196 2. Petaluma Boulevard North at US 101 freeway southbound on -off ramps. 3. Old Redwood Highway at US 101 freeway northbound on -off ramps." 4. . Corona Road at Industrial Avenue shape-- •E©W Tien - -4e-- -the iflstallation- o€= an- in��= tr�fie- dal- et- P- et- alx�a�- Boua�v�Fd- �Ta�t}� ,. a�• •�3S•44I- €ree�a�sou�otmd� --r-a• 5. Payran Street /Magnolia Avenue/Petaluma Boulevard North. 6. Petaluma Boulevard North at Skillman Lane /Corona Road. The proportional fair share contribution shall be based upon project related increase in PM peak hour traffic volume at the intersection. Tuning and method of payment shall be determined by the City Engineer. (mm) 52. The developer(s) of Parcels '_B and C shall contribute a proportionate, fair share portion of the Rainier overpass interchange and connectors project overall improvement costs, as determined by the City Council. A motion'was made by Commissioner Libarle: and seconded by Commissioner �Balshaw to recommend to the City Council annexation of the remainder portion of the River Oaks Master Plan site subject to the following findings: COMMISSIONER BALSHAW:Yes_ COMMISSIONER READ: Absent COMMISSIONER PARKERSON: No - Traffic Impacts COMMISSIONER DOYLE: No CHAIRMAN BENNETT:Yes COMMISSIONER LIBARL;E :Yes COMMISSIONER TARR:Absent Findings 1. This annexation is consistent with the objectives, and policies of the .General Plan, as documented elsewhere in the staff report, recommendations and actions. 2. This annexation will enable several objectives and policies of thel General Plan to be achieved, including Objectives (g) and (h) of Chapter 8, Local Economy; Objectives (a), (c) and (i) of Chapter 5, The River; Objective (c) of Chapter 6, Open Space, Conservation and Energy. NEW BUSINESS PUBLIC HEARINGS II. DUFI`ON, 3 GRANDVIEW AVENUE, AP NO. 008-461-09; FILE NO. 1.678(tp). 1. Consideration of a conditional use permit for construction of an accessory dwelling. The public hearing was opened. SPEAKERS: None. The public hearing was closed. A motion was made by Commissioner Parkerson and seconded by Commissioner Doyle to approve !a conditional use permit based on the findings and subject to the amended conditii'ns listed below: COMMISSIONER BALSHAW :Yes COMMISSIONER READ: Absent COMMISSIONER PARKERSON: Yes COMMISSIONER DOYLE: Yes CHAIRMAN BENNETT:Yes COMMISSIONER LIBARLE :Yes COMMISSIONER TARR:Absent Findings 1. The proposed accessory dwelling, as conditioned, will conform to the requirements and intent of the Petaluma Zoning Ordinance. 2. The proposed accessory dwelling, as conditioned, will conform to the requirements and intent, goals, and policies of the Petaluma General Plan. 3. The proposed accessory dwelling will not constitute a nuisance or be detrimental to the public welfare of the community. 4. This project is Categorically Exempt under CEQA Section 15303, New Construction of Small Structures. Conditions 1. Prior to issuance of building permits, this project shall be subject to SPARC review with emphasis on the following: a. Architectural compatibility with existing primary and surrounding residences. b.1,, Review of grading plans for appropriate grade transition both on -site and at property lines. C. Landscape screening as necessary cessary along rear and side yard fences to visually enhance the uphill view from Petaluma Blvd. South, and ensure privacy for downhill neighbors. d. Modification to on -site circulation and parking plans to provide four parking spaces and sufficient back -up /maneuvering area. e. Addition of landscaping between the front property line fence and street paving to improve soil stability and visual attractiveness. 19 2. Separate gas and electric meters shall be installed for the proposed accessory dwelling to the specification of the City and PG &E. 3. All requirements of the Chief Building Inspector shall be met, including: a. Grading must be certified when completed to indicate compliance with approved plans and will be required for occupancy. b. Soils with expansion index greater than 20 requires special design foundation per Uniform Building Code 2904(b). C. All retaining walls shall meet the requirements of the 1988UBC, and shall comply with Petaluma Standards Ordinance No. 1727/1988. d. All roofing shall be "B" rated or better per Ordinance No. 1744/1988. e. Show site drainage and grading topography. f. Indicate all utilities on site plan. g. Responsible party to sign plans. h. Submit soils report to verify foundation design. 4. All requirements of the City Engineer shall be met, including: e��ta�ed -�e -�- yen - - €oet - �x�bkc- �aset -- g- lam= �bn�tl�d -a�-- €ice -o€ a�pli�a� }- €e�- hu }ldi�g�ets- sljall -r�€ lest- these�eq�ri�e�tentsy- a��slrall -be a. The applicant's engineer shall verify the capacity of the existing sanitary sewer which will serve the accessory dwelling, If it is determined to be inadequate, it shall be replaced 'by a new main and dedicated to the City for acceptance and maintained. Applicable Fees 5. This project shall be subject to imposition of special development fees adopted by the Petaluma City Council for Storm Drainage Impact, Sewer and Water Connection School Facilities Development and Dwelling Construction. Fees shall be paid at time of building permit issuance. III. JOHNSON EQUIPMENT, 1314 HOLM ROAD, AP NO. 007- 593 -05; FILE NO. 1.6790c). 1. Consideration of EIQ. 2. Consideration of conditional use permit to allow open ('outdoor) storage in conjunction with a wholesale and distribution facility. The public hearing was opened. Piz SPEAKERS: Dick Lieb Project Designer - Agreed with all conditions. COMMISSIONER DISCUSSION: Commissioner Balshaw Trees at fence are needed to provide additional screening. The public hearing was closed. A motion,was made by Commissioner Doyle and seconded by Commissioner Parkerson to direct staff; to prepare a Mitigated Negative Declaration of Environmental Impact based on (0 the findings listed below: C O COMMISSIONER BALSHAW:Yes COMMISSIONER READ: Absent COMMISSIONER PARKERSON: Yes U COMMISSIONER DOYLE: Yes Q CHAIRMAN BENNETT:Yes COMMISSIONER LIBARLE:Yes COMMISSIONER TARR:Absent Findings: 1. The project, as conditionally approved, does not have the potential to :degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to, a plant or animal community, reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop ,below self- sustaining levels, threaten to *eliminate a plant or animal community, reduce the number or restrict the range of a rare. nor endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 2. The project, as conditionally approved, does not have the potential to achieve short - term to the disadvantage , of long -term, environmental goals. 3. The project, as conditionally.approved, does not have impacts which are individually limited, but cumulatively considerable. 4 The project, as conditionally approved, does not have environmental effects which Will, cause substantial adverse effects on human beings, either directly or indirectly. 5. The project is consistent with and further promotes the objectives, goals, and policies of the General Plan. A motion ;was made by Commissioner Doyle and seconded by Commissioner Parkerson to approve a!,use permit based on the findings and subject to the conditions listed below: COMMISSIONER BALSHAW:Yes COMMISSIONER READ: Absent COMMISSIONER PARKERSON: Yes COMMISSIONER DOYLE: Yes CHAIRMAN BENNETT:Yes COMMISSIONER LIBARLE:Yes COMMISSIONER TARR:Absent 21 200 Findings . 1. The proposed use, as conditioned, will conform to the requirements and intent of the Petaluma Zoning Ordinance. 2. The proposed use as. conditioned, will conform to the requirements and intent, goals, and policies of the Petaluma General Plan. 3. The proposed use will not constitute a nuisance or be detrimental to the public welfare of the community. Conditions 1. This project shall be subject to SPARC review and approval, including but not limited to the following: a. A minimum of 11 on -site parking spaces shall be provided. b. Proposed redwood slats in the .chain link fence shall be replaced with metal slats painted to match the building color. Existing chain link fencing shall, be repaired or replaced where deemed necessary. Climbing vines to provide maximum screening shall be provided in a continuous strip rather than in cut -outs as proposed. Trees to be planted at fence to provide additional screening. Size and species subject to SPARC review and approval, C. Exterior, remodel (including color scheme) landscaping and fencing shall be elements of SPARC review. d. Maximum screening of the storage yard through fencing and landscaping shall be provided. 2. At no time shall racks,_ equipment (excluding, flatbed and pickup trucks) or other storage exceed the height of the screen,fencing, subject to staff determination. All storage; including trucks, shall be within the fenced yard area. 3. All site improvements and exterior upgrade shall be completed prior to occupancy by Johnson Equipment. 4. The sliding gate shall remain closed at all times when not in use for access to and from the storage yard. 5. At no time shall future noise levels exceed standards specified in the Uniform Building Code, Section 22 -301 of the Petaluma Zoning Ordinance', and the 1987 General Plan. 6. This use permit may be recalled to the Planning Commission at any time due to complaints regarding objectionable operating characteristics. At such time, the Commission.may repeal the use permit or add modified conditions of approval. 7. All requirements of the Engineering Department shall be complied with, including: 22 IV. EMPS GRAPHIC EYE, 430 PETALUMA BLVD. NORTH, AP NO. 006 - 163 -16, FILE NO: s 1.683, 2.397(gb). 1. Consideration of EIQ. 2. Consideration of variance to allow lot coverage exceeding 60 %. 3. Consideration of conditional use permit to allow continued operation and expansion of existing etched glass business. The public hearing was - opened. SPEAKERS: Bill Empgy - Applicant - Answered questions, no problems with conditions. The public hearing was closed. A motion' was made by Commissioner Parkerson and seconded by Commissioner Doyle to adopt a negative declaration based on the findings listed below: COMMISSIONER BALSHAW:Yes COMMISSIONER READ: Absent COMMISSIONER PARKERSON: Yes COMMISSIONER DOYLE: Yes CHAIRMAN BENNETT:Yes COMMISSIONER LIBARLE:Yes COMMISSIONER TARR:Absent 23 . 201 a. An excavation permit is required for all work in the public right -of -way. 8. Altrequirements of the Fire Marshal shall be complied with, including: a. Provide fire extinguisher 2 A rated A B C dry chemical type as required by the Fire Marshal. b. All compressed gas cylinders in service or in storage shall be adequately ' secured to prevent falling or being knocked over. C. No extension cords. All equipment and appliances shall be direct plug -in. Co M d. Provide metal or flame retardant plastic waste cans. 0 e. Provide absorbent material, containment drain, and proper tools for handling U spills. f. Permits for hazardous materials and /or above- ground storage tanks or underground storage tanks are required from this office. 9. Prior to occupancy by Johnson Equipment, confirmation of status of the (removed) underground tank (by the County Environmental Health Department) shall be provided to the Community Development Department. IV. EMPS GRAPHIC EYE, 430 PETALUMA BLVD. NORTH, AP NO. 006 - 163 -16, FILE NO: s 1.683, 2.397(gb). 1. Consideration of EIQ. 2. Consideration of variance to allow lot coverage exceeding 60 %. 3. Consideration of conditional use permit to allow continued operation and expansion of existing etched glass business. The public hearing was - opened. SPEAKERS: Bill Empgy - Applicant - Answered questions, no problems with conditions. The public hearing was closed. A motion' was made by Commissioner Parkerson and seconded by Commissioner Doyle to adopt a negative declaration based on the findings listed below: COMMISSIONER BALSHAW:Yes COMMISSIONER READ: Absent COMMISSIONER PARKERSON: Yes COMMISSIONER DOYLE: Yes CHAIRMAN BENNETT:Yes COMMISSIONER LIBARLE:Yes COMMISSIONER TARR:Absent 23 2 ®2 Findings 1. No potential significant environmental impacts were identified fo_ this project. 2. No potential significant land use impacts were identified for this project. A motion was made by Commissioner Parkerson and seconded by Commissioner Libarle to approve a variance based on the following findings: COMMISSIONER BALSHAWYes COMMISSIONER READ: Absent COMMISSIONER PARKERSON: Yes COMMISSIONER DOYLE: Yes CHAIRMAN BENNETT:Yes COMMISSIONER LIBARLE :Yes COMMISSIONER TARR:Absent Findings 1. The nonconforming width and size of this property causes a hardship for development. 2. This variance provides a property right enjoyed by other properties in the same zoning district and does not 1 1 constitute, a special privilege not enjoyed by neighboring properties. 3. This variance is' not detrimental to adjacent properties, and will not impair the purposes of'the Zoning Ordinance or the public interest. A motion was made by Commissioner Libarle and seconded by Commissioner Parkerson to approve a use permit based on the findings and subject to the. conditions listed below: COMMISSIONER BALSHAW: Yes COMMISSIONER READ: Absent COMMISSIONER PARKERSON: Yes COMMISSIONER DOYLE: Yes CHAIRMAN BENNETT: Yes COMMISSIONER LIBARLE: Yes COMMISSIONER TARR: Absent Findings 1. This project is consistent with the Highway Commercial zoning district and the City of Petaluma Zoning Ordinance. 2 This project o ojec is consistent with the City of Petaluma General Plan and its goals, policies 3. This project will not result in significant land use or environmental impacts. A negative declaration has been adopted. 24 2`0 3 Conditions 1. This! use permit shall allow for the continued operation of an existing etched glass operation and one residence, and a 3,360 square foot addition to the existing facility. 2. The , following requirements of the Chief. Building Inspector shall be met, subject to , r his review and approval: a. Soils with expansion index greater than 20 requires special design foundation per Uniform Building Code 2904(b). b. ! Mixed occupancy separation as described in Chapter 5 of the 1985 UBC must be followed. C. Show site drainage and grading topography. d. Indicate all utilities on site plan. e. Responsible party to sign plans. 0 f. Submit soils report to verify foundation design. Q g. Indicate group occupancy, type of construction, square footage. U 3. The following requirements of the Fire Marshal Inspector shall be met, subject to his review and approval: a. Provide fire extinguisher 2 A rated ABC dry chemical type as required by the Fire Marshal. b. Post address at or near main entry door. Minimum two inch letters. c. No extension cords. All equipment and appliances shall be direct plug in. d. Provide metal or flame retardant plastic waste cans. e. Provide KNOX box for key control located on building as required by the Fire Marshal. L Exiting: exit ways, exit doors shall conform to 1985 Edition of Uniform Fire Code and 1988 Edition of Uniform Building Code. g. Garage under living space shall conform to the requirements of the 1988 Uniform Building Code and Uniform Fire Code'.. h. All emergency lighting and exit lights shall have two separate sources of power as required in the building code and where required. 4. This project shall be subject to review by the Site Plan and Architectural Review Comrmttee ( SPARC) prior to the filing of an application for a building permit. SPARC review shall include the following in addition to normal areas of SPARC review: a. Parking shall be provided in compliance, with Zoning Ordinance requirements of Article 20. The storage unit shall be removed from the access easement prior to the issuance of a certificate of occupancy. b. The location and size of all existing and proposed signs shall be provided. All existing and proposed signs shall conform to the requirements of the City of Petaluma Zoning Ordinance. 5. This", project, shall be responsible for the payment of the following fees for new construction: Community Facilities Development, Storm Drainage Impact, Dwelling Construction, and School Facilities. 6. Construction adjacent to the existing maple tree shall include grade beams with piers. All trenching beneath the drip line of the tree shall be by hand. Pruning of the tree, as required for construction, shall be performed by a licensed arborist or horticulturist, subject to staff review and approval. 25 ME V. PEP, CAULFIELD AT MCDOWELL, AP NO.'s 007-570-16,18,21,15; FILE NO.'s 1414, 8.118(bg). 1. Consideration of EIO. 2. Consideration of General Plan Amendment to Urban High (15 1 1 ac and density bonus). 3. Consideration of,rezoning from R -1, 6500 to PUD. 4. Consideration of PUD unit development. plan for 22 attached senior citizen housing units. The public hearing was opened. SPEAKERS: Rosie Cooper. 1407 Meadowlark Lane - property near existing PEP units - there is a parking problem now; fire alarms go off constantly; paramedics and fire trucks always at the project; nature of area changing for the worst; ,medical equipment trucks noisy filling oxygen tanks, etc. Dick Lieb - 1 Bodega -'PEP representative has not heard complaints as above; :fire alarms have to be tested once a month; will address noise problems; only 30 of :residents have vehicles. Jeanie Hillary PEP Boar,dmember -'Has not heard any complaints regarding noises in the past. Commissioners Doyle and Parkerson - Full support. The public hearingwas closed. A motion was made by Commissioner Parkerson and seconded by Commissioner Doyle to recommend to the City Council adoption of a negative declaration based on the following findings: COMMISSIONER BALSHAW:Yes COMMISSIONER READ: Absent' COMMISSIONER PARKERSON' :'Yes COMMISSIONER D.OYLE- Yes CHAIRMAN BENNETTYes COMMISSIONER LIBARLE :Yes COMMISSIONER TARR :Absent Findings 1. The project _does not have the potential, to degrade the duality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self.- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare ;or endangered plant or animal or eliminate important examples. im _ of the major- periods of California m istory or prehistory. p p 2. The project does not have .the potential to achieve Short-term to the disadvantage of long - 'term, environmental goals. �J 1 26 205 3. Th ! roject does not have impacts which are individually limited, but cumulatively considerable. 4. The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. A motion` made by Commissioner Libarle and seconded by Commissioner Doyle to recommend to the City Council approval of a General Plan Land Use Designation Modification based on the'following findings: COMMISSIONER BALSHAW :Yes COMMISSIONER READ: Absent COMMISSIONER PARKERSON: Yes 0 COMMISSIONER DOYLE: Yes CHAIRMAN BENNETT :Yes COMMISSIONER LIBARLE:Yes COMMISSIONER TARR:Absent Findings 1. The proposed amendment and density bonus are deemed to be in the public interest. 2. The proposed General Plan amendment and density bonus are consistent, compatible with, and implement several goals and policies of the General Plan. 3. The potential impacts of the proposed amendment and density bonus have been assessed and have been determined not to be detrimental to the public health, safety or welfare. 4. The proposed amendment and density bonus have been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA). 5. The granting of the density bonus is given to the benefit of providing affordable housing to senior citizens, there is an Addendum To The Grant Deed to provide that the proposed use on this property shall remain in perpetuity. A motion ,was made by Commissioner Doyle and seconded by Commissioner Parkerson to recommend to the City Council rezoning and approval of PUD Unit Development Plan for the project, site based on the findings and subject to the conditions listed below: COMMISSIONER BALSHAW:Yes COMMISSIONER READ: Absent COMMISSIONER PARKERSON: Yes COMMISSIONER DOYLE: Yes CHAIRMAN BENNETT :Yes COMMISSIONER LIBARLE :Yes COMMISSIONER TARR :Absent 27 on Findings for Rezoning 1. Said plan clearly results in a more desirable use of land and a better physical environment than would be possible under any single zoning, district or combination of zoning districts. 2. PUD District is proposed on property which has a:suitable, relationship to one (1) or more thoroughfares (Caulfield. and McDowell Blvd. S); and that said thoroughfares are adequate to carry any additional traffic generated by the development. 3. The plan for the proposed development, as conditioned, presents a unified and organized arrangement of buildings and service facilities which are .appropriate in relation to adjacent or nearby properties and that adequate landscaping and /or screening will be included if necessary to insure compatibility. 4. The natural and scenic qualities of this urban site are protected,. with adequate available public and private spaces designated on the Unit Development Plan, considering the specialized nature of the use. 5. The development of the subject property, in the_nanner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the City and will be in keeping with the general intent and spirit of the zoning regulation of the City of Petaluma, with the Petaluma General Plan. 6. The development of the subject property, in the manner proposed by the applicant and conditionally approved, shall continue to provide affordable housing `for elderly and handicapped persons, as required. in the Addendum to the Grant Deed. Conditions for PUD Development Plan 1. The project sponsor shall execute a binding agreement with the City of Petaluma, insuring. that the occupancy of twenty units shall be held in perpetuity for low - income persons 62 years of age or older and that two units shall be held in perpetuity for low - income persons qualifying as handicapped and /or for persons 62 years of age or older. 2. The site plan, landscape plan, and building elevations are subject to review and conditional approval. by SPARC. These plans, once approved by SPARC, shall become the PUD development plan for -the project site. SPARC review shall include, but not be limited :to:. a. Location of handicap - accessible units near handicap parking spaces.. b. Adequacy of handicapped parking spaces to provide access by side- loading ramp vehicles. C. Site lighting. d. Project Identification Sign. e. Adequate privacy measures .for units along McDowell. f. Appropriate fencing, either new or replacement, to reduce noise impacts to .residents while enjoying outdoor amenities. nKh' il 14 207 e. Lot drainage improvement shall be shown on the plans and constructed with the public improvements. 7. All requirements of the City Building Inspector must be met to his satisfaction, as follows: a. Grading must be. certified when completed to indicate compliance with approved plans and will be required for occupancy. b. !' Soils with expansion index greater than 20 requires special design foundation per U.B.C. c. Show site drainage and grading topography. d. Indicate all utilities on site plan. e. Verify utilities are adequate for building. f. ! Responsible party to sign plans. g. Submit soils report to verify foundation design. 29 g, j Aesthetic enhancement through varied roof lines. h. SPARC shall review possibilities for increased social environment and outdoor areas for sitting or recreation. 3. Mailboxes are subject to approval of the Post Office. 4. The project shall meet State noise requirements for residential construction to the Sound insulating walls and windows satisfaction of the Chief Building Inspector. shall be installed on the west side of the building units which parallel McDowell Boulevard, S. to provide protection for interior activities. Co 5. All ,improvements and grading shall comply with the Sonoma County Water O Agency's Design. Criteria. 6. All ;requirements of the City Engineer must be met to his satisfaction, as follows: U a. New 8" water main shall be installed in Caulfield Drive and tied into the existing water mains in McDowell and Park Lane; b. Repair all broken sidewalks along McDowell frontage; C. One -half street frontage improvement and any necessary right -of -way dedication to Park and Caulfield, e.g. sidewalk, curb, gutter (2 foot gutter pan j in Park Lane and 5' gutter pan along Caulfield in lieu of 2' tter an for bike � P lane), undergrounding utilities and one -half street section. If field conditions prove the existing pavement section to be satisfactory, the full pavement section will not be required. d. Ten foot PUE adjacent to and outside of the property right -of -way shall require dedication. e. Lot drainage improvement shall be shown on the plans and constructed with the public improvements. 7. All requirements of the City Building Inspector must be met to his satisfaction, as follows: a. Grading must be. certified when completed to indicate compliance with approved plans and will be required for occupancy. b. !' Soils with expansion index greater than 20 requires special design foundation per U.B.C. c. Show site drainage and grading topography. d. Indicate all utilities on site plan. e. Verify utilities are adequate for building. f. ! Responsible party to sign plans. g. Submit soils report to verify foundation design. 29 M 11 h. Indicate type of construction, group. occupancy, and square footage. 8. All utilities serving, or , crossing, the proposed project shall be placed underground, subject to staff review and approval. 9. Lots shall be merged prior to issuance of buildingpermits. 10. The project sponsor shall negotiate with Petaluma School District regarding - school facilities impact fees subject to Section 17.28 of the Petaluma Municipal Code and approved by the City Council; 11. The project sponsor shall be required to pay Community Facilities, Development Fees per Municipal Code. Section 17.14, unless waived byllie City Council; 12. The project sponsor shall comply with all applicable flood. mitigation requirements adopted by the City Council, as contained in Municipal Code Chapter 17.30 "Storm Drainage Impact Fee "; 13. The project. sponsor shall be required to pay Dwelling Construction Fee per Municipal Code Section 17.12 unless waived by the City Council. VI. DISCUSSION ITEMS 1. 10% units - Discussion .of intent and" definition. 2. Tree Preservation to be discussed at future meeting. Planning Commissioners said thank =you and good -bye to Commissioner Kathleen Doyle who has had to resign due to moving out of City Limits. ADJOURNMENT: 11:07 PM.. min0710 / pcmins 30