HomeMy WebLinkAboutAgenda Bill 7.A-Attch01 04/19/2004• ATTACHMENT I
DRAFT CONDITIONS OF APPROVAL (REVISEID 12/9/03)
Petaluma Village Marketplace Planned Community District Modification
2200 Petaluma Boulevard.North
Parcel A: APN 048-080-039,'007-401-043, 007 -401 -044,
Parcel B: APN 007 -391 =009,
Parcel C: APN 048- 080 -038,
Abandoned Railroad Right -of -Way: APN 048 -080 -033 and 007 -391 -035
Project File No. REZ02001
From the Planning Division:
1. Approval is granted to modify the Planned Community District Master Plan Program
for the River Oaks/Petaluma Factory Outlet Village 'Project with the adoption the
Petaluma Village Marketplace Planned. 'Community District General Development
Plan dated 1/14/04. The Petaluma Village Marketplace Planned Community District
General Development Plan applies only to Parcels B and C; the original Master Plan
Program applies "to Parcel A.
2. All applicable conditions imposed with City Council Resolution 91 -136 (Planned
Community District Master Plan Program for the River Oaks/Petaluma Factory Outlet.
Village Project) remain in, full force and effect, as follows:
• a. Interim and/or permanent replanting of disturbed sites shall be undertaken, by the
developer of the Petaluma Factory Outlet Village, at the earliest possible
opportunity following construction activity, subject o determination of City staff.
- b. Landscaping;activities,shall. incorporate measures to: insure that introduced exotic-
and/or invasive plant species do not degrade adjacent habitats to be rehabilitated
or retained, subject'to staff review and approval.
c. All development within the River Oaks Master Plan site shall be subject to the
payment of all applicable development fees, or as set forth in these conditions
of approval and as subject to various applicable sections of the Petaluma
Municipal Code.
d. All restaurants located on the project site shall utilize processes that insure
compliance to Bay Area Air Quality Management District (BAAQ
Regulation No. 10 and City performance standards relative to odor emissions.
e. 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. Project shall be designed to provide for natural ventilation, to all
.extent possible.
f. Development of Parcels A, B and C shall include provision of mutual parking
and circulation easements prior to issuance of development permits, subject to
City staff review and approval. The developers of the Petaluma Factory Outlet
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Village (Parcel A) shall agree to act in good faith in pursuing the possibility
and implementing the >appropriate cross- access easements to allow shared
parking facilities with future development' within the River'Oaks Master Plan •'
area.
3 All mitigation :measures adopted in conjunction with the Final Subsequent
Environmental Impact Report for the Petaluma Village Marketplace are herein
incorporated by reference as conditions of approval.
4. The site layout, elevations and landscaping ;are' subject to SPARC review and
approval prior to issuance of building permits The SPARC .submittal shall include a
photometric plan for all exterior lighting including the buildings, .parking. lots,
landscape and pedestrian lighting. The plan shall include details of the types of
fixtures, to be installed. The, lighting plan shall conform to the Site Plan and
Architectural ,Review standards for lighting as well as the lighting standards outlined
in the Bicycle Plan (Objective O, Policies 39, 40 and 41).
5. Within .5 days of the approval by the City Council, the applicant shall submit to the
Planning Division the $35.00 Notice of Determination filing fee' and the $850.00
State Department of Fish and Game fee. Both fees may be included in. one check
payable to the Sonoma County Clerk.
6. The Riverwalk and bioswale shall be rerouted so that no grading occurs within the
driplines of'trees.
7. The applicant shall defend, indemnify, and, hold harmless the City or any of its
boards, commissions agents officers, and employees from any claim, action, or
proceeding against the.City, its boards commissions, agents, officers, or employees
to attack, set aside, void, or annul any of the, approvals of the project, including the
certification of the E.I.R. when such claim or action is brought within the time period
provided for in applicable State and/or local statutes. The City shall promptly notify
the applicants /developers of any such claim, action, or proceeding. The. City shall
.. coordinate in the defense. Nothing contained iri this condition shall prohibit the City
from participating in a defense .of any .claim, .action, or proceeding and if the City
chooses to do so appellant shall reimburse City for attorneys fees by the City.
From the Planning Commission;-
8. To mitigate for the loss of one 18" valley oak due to bridge.construction at Village
Drive, the developer shall plant 15 1,`5- gallon Valley Oaks as part of the riparian
restoration planting at the Petaluma River. These oaks shall be planted in. prominent
locations. The landscape rinaster plan submitted for SPARC shall clearly show the
location of the valley oak to be removed and locations of the 15 replacement trees.
The location of restoration plantings shall be subject to the review and approval of
SPARC and the CDD and /or the mitigation monitoring consultant-
9. Prior to SPARC review, the PCD General, Development Plan shall be revised to
demonstrate that the total parking ratio shall not exceed 4.5:1,000 for Parcels' B and
C. Forty of the allowed 40 spaces for Parcel B shall be moved to Parcel C.,
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• 10. The improvement plans shall be designed so that there are no drain inlets directly into
creeks or the river pursuant to the .accepted standards of the City Engineering
Division. and the Sonoma. County Water Agency. Vegetated swales and /or detention
'ponds shall be used.
11. The Riverwalk shall be extended up the .north side of Deer Creek, across Deer Creek
at the existing bridge location, down the south side of Deer Creek and then along the
River to the southern property line: Public access shall then continue up the railroad
right -of -way to connect to the bridge crossing (around entire triangle section of Parcel
B).
12. Prior to SPARC review, the PCD General Development :Plan shall be revised to
include all applicable items from the agreement with the City Manager as outlined in
the memo to the Planning Commission dated 10/20/03.
13. The City shall be indemnified from any claims resulting from flooding due to faulty
hydrological information. The City Attorney shall draft an indemnification agreement
for the applicant's signature, which shall be recorded prior to issuance of
development permits.
14. The applicants shall grant the City a conservation easement over the, triangular
portion of Parcel B south of Deer Creek. The final. language of the conservation
. easement shall be reviewed by the City Attorney and Planning Commission prior to
finalization and recorded prior to issuance of building permits.
15. The City shall contract with a third party to provide a. monitoring plan to ensure the
success. of the wetlands..mit gati mance standards shall be
on.:.._ Specific,... perfor
established as parr of this plan, subject to the review and approval of planning staff
prior to issuance of any development permit. All costs of the monitoring plan shall be
borne by the applicant.
16. If mitigation measure. 7.1.1. to remove parking and add northbound and southbound
left turn lanes at the Petaluma Boulevard North/Washington Street intersection as
outlined in the SEIR is adopted, the applicant shall enter into an agreement with the
City to pay a parking in -lieu fee; waive the right to protest the formation of a parking
district; or provide some other fair share contribution acceptable to the review
authority. The agreement shall be recorded prior to issuance of building permits.
17. The site plan, elevations, circulation, landscape.plan and amenities shall be subject to
the review and approval of SPARC prior to the issuance of any development permits.
Special emphasis shall be placed on the following recommendations from the
Planning Commission:
a. View corridors: A maximum 125 -foot wide visibility corridor should occur
• between the buildings on Parcel B. The visibility corridor should contain public
amenities and landscape. No parking is to be placed in the visibility corridor.
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Another visibility corridor should occur between the buildings on Parcel C with -
public amenities similar toAhose.in.the visibility corridor on Parcel B.
b. Parcel B: Provide connectivity between buildings to avoid isolation of the •
southern building and difficulty of navigating between one building- and another.
c. Circulation: Design elements, including signage, should be incorporated to
ensure people do not have to get into their cars to go from one parcel to another —
especially avoid people, going out Village Drive onto Petaluma Boulevard. North
and 'then reentering through Factory Outlet Drive., Provide , better transition from
Parcel B to Parcel A — avoid sharp turn onto access road behind buildings..
From the Engineering Division:
18. Access .shall be provided over and through. Village Drive from. the Petaluma Villlage
'Marketplace site to Petaluma Boulevard. North.
19. Revised sewer and water master plan amendments shall be submitted as necessary
and as determined by the City Engineer to ensure existing water supply and sanitary
sewer infrastructure systems are adequate to ,serve the entire project, The; developer is
responsible for upsizing/upgrading,any utility infrastructure /systems as determined by
the updated master plan amendments and the City Engineer.
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