HomeMy WebLinkAboutAgenda Bill 7.A-Attch03 04/19/20041 CITY - OF PETALUMA, CALIFORNIA
2 MEMORANDUM
3
4 Community DevelopmenrDep,artment, Planning Division, 11 English Street; Petaluma, CA 94952
5 (707) 778 4301 Fax (707) -778 -4498 E=mail. , plaitning@ci.petaluma.ca.us
6
7 DATE`. April 22, 2003 AGENDA ITEM NO. I
8
9 TO: Planning Commission
10
11 FROM: Betsi Lewitter, Project Planner
12
13 SUBJECT: PETALUMA VILLAGE'MARKETPLACE
14 FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
15
16
18
19 Staff recommends that the Planning Commission forward a recommendation to the City Council
20 to certify the Petaluma Village `Marketplace Subsequent `Environmental Impact Report as
06 1 adequate. If the Commission recommends certification, they may then consider the project itself.
2 If the Commission does not-recommend certification, there is no reason to consider the project,
23 since the only recommendation zt can offer the Council is project-
24
25 BACKGROUND
ND
26
27 In 1991, the entire 72.47 - acre River Oaks /Petaluma Factory Outlet Village project site was zoned
28 Planned Community District, Floodplain Combining and Floodway (P. -C, PF -C and FW), and a
29 Planned Community. District (PCD) Master Plan Program was approved, subject to 55 conditions
30 of approval. Parcel A was subsequently developed, as the Petaluma Village Premium Outlets; the
31 applicants are now proposing to develop. Parcels B and C.
32
33 An Environmental Impact Report (EIR) was certified as adequate for the original project.
34 However, condition of approval 51 required appropriate environmental, analysis in conjunction .
35 with any application for modification of the PCD Master, Plan. A Draft Subsequent
36 Environmental Impact. Report (DSEIR) was prepared by Lamphier - Gregory and released for -
37 public comments in. November 2002. Although a Subsequent. EIR ;is a complete EIR, it focuses
38 mainly on new information and substantial changes to a project and, therefore does not revisit
39 many of the topics addressed in the original EIR for a project. The DSEIR identified several
40 potential environmental impacts associated with development of the project that would be
41 significant and unavoidable. These impacts included unacceptable levels of service at the
42 Petaluma Boulevard North/Washington Street intersection and on segments of Old Redwood
3 Highway. Mitigation measures were proposed to reduce the impacts to a less than significant
level. However, the mitigation measures require extensive improvements to intersections, the
ATTAC H KA E N T 3
Page 1
I provision of a new east /west .connection and freeway interchange and Council adoption of a
2 policy exempting key downtown intersections from General Plan Level of Service thresholds.
3 Until such time as the improvements ,are, completed and the language in the General Plan
4 modified, the impacts would remain significant and unavoidable. In :addition, new traffic
5 generated by the project would affect air quality by increasing regional emissions by amounts
6 greater than Bay Area Air Quality Management District (BAAQMD) significance thresholds.
7 Mitigation measures would reduce the amount of emissions, but the remaining amount would
8 still exceed the BAAQMD significance thresholds.
9
10 The Planning Commission held a public hearing on the. DSEIR. on January 14th and 28` of this
11 year: At the conclusion of the public comments, the Planning Commissioners - reviewed the
12 DSEIR. and recommended clarifications and the incorporation of additional information into the
13 document:. The Planning Commission then authorized staff to initiate and supervise prepa "ration
14 of a Final Subsequent Environmental Impact Report (FSEIR), which responds to all significant
15 environmental points raised during the 45 -day public review period. The courts, have justified
16 the requirement: for lead agencies to seek and respond to public comments as 1.) sharing
17 expertise; 2) disclosing agency analysis ;, 3) checking for accuracy; 4) detecting omissions; 5)
18 discovering public concerns;: and 6) soliciting counterproposals.
19
20 The Commission requested- that the applicant install story poles to depict the height -and mass of
21 the proposed. structures on both Parcels B and C prior to consideration of ,the Final SEIR and the
22 project. The installation, of the story poles was completed on April 8. For more information,
23 'please see the project staff report.
24
25 An Environmental Impact Report is an informational document required by the California
26 Environmental .Quality Act (CEQA) to inform the decision - makers and the public generally of
27 the: 'significant, environmental effect of a project.. It identifies possible ways to,. minimize' the
28 significant effects and describes reasonable alternatives to the project. CEQA Section 15204(a)
29 states that,
30
31 "....the adequacy of an EIR.. is determined in terms of what is reasonably feasible
32 in light of factors such as the. magnitude of the prgj;ect, the severity of its .likely
33 environmental impacts, and .the geographic scope of the project. CEQA does not
34 require a lead agency to conduct every test or ,perform all research,, study and
35 experimentation recommended or demanded by commentors. When responding to
36 comments, lead agencies .need only respond to significant environmental issues
37 and &.not need- to provide all information requested by reviewers, as, long as. a
38 good faith effort at full disclosure is made in the EIR ".
39
4o Although economic or social information maybe included in an EIR, they are not to be treated as
41 significant. effects on the environment (CEQA Section 15131).
42
43 In addition, an. EIR is not legally inadequate lif experts in a particular environmental subject,
44 matter disagree with the conclusions reached -by the experts whose studies were used, in drafting,
45 the EIR:. In such instances, the EIR only needs to sum_ marize the main points of disagreement and
46 explain, the lead agency's reasons for accepting one set of judgments instead of 'another (Section �.
47 15151).
Page 2
0 1
2 CEQA requires that the SEIR be certified prior to project approval. In order to certify the SEIR,
3 the decision-making body, must con_ elude: 1) that the document has 'been completed in
4, compliance with CEQA;1.2) that the decision - making body has reviewed and considered the -
5 information in the EIR prior to approving the project; and 3) that the final EIR reflects the lead
6 agency's independent judgment and analysis.
7
8 CEQA requires the decision - making agency to balance the economic, legal, social,
9 technological, or other benefits of a proposed project against its unavoidable environmental
10 impacts when determining whether to approve a project (Section 15093). If the lead agency
11 decides to approve a project in spite of its significant adverse impacts, two sets of findings must
12 be made. The first set of findings must state how the lead agency has responded to the significant
13 effects identified in the EIR; the second set of findings must state how the specific economic,
14 legal, social, technological or other benefits of the proposed project outweigh the unavoidable
15 adverse impacts. This second set of findings is formally known as a "Statement of Overriding
16 Conditions ".
17
18
19
20
21
22
Q 3
4
25
26
27
28
29
0,
PUBLIC COMMENTS
A total of 123 comments (including a petition) were received in response to the Notice of
Preparation of the Subsequent EIR. Of these, 46 offered comments.on the environmental review.
These comments have been responded to in the Final SEIR.
ATTACHMENTS
Attachment A: Petaluma Village Marketplace Final Subsequent Environmental Impact Report
(provided to each: Commissioner of the April 8, - 2003 ; Planning Con mission meeting)
SAK- Planning Commission\ Reports \PVMdseirrepott4- 22- 03.doc
Page 3
0 1 CITY OF PETALUMA, CALIFORNIA
2 MEMORANDUM
3
4 Community Development Department,. Planning Division, 11 English Street, Petaluma, CA 94952
5 (707) 778=4301 Fax (707) 778 -4498 E= mail: plan'ning@dpetalumaxa.us
6
7
DATE:
8
9
TO:
10
11
FROM:
12
13
SUBJECT:
14
15
16
17
18
19
20
01
2
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
2
44
April 22, 2003
Planning Commission
Betsi Lewitter, Project Planner
AGENDA ITEM NO. II
PETALUMA VILLAGE MARKETPLACE — MODIFICATION OF RIVER
OAKS/PETALUMA FACTORY OUTLET VILLAGE MASTER PLAN
0i
Staff recommends that, if the ; Planning Commission recommended to the City Council
certification of the Final Subsequent Environmental Impact Report, the Planning Commission
forward a recommendation to the City Council regarding project approval.
Preliminary conditions of approval are attached as Attachment A. Applicable conditions of
approval for the River Oaks /Petaluma Factory Outlet Village remain in effect. For the
Commissioners' convenience, a copy of the original City,Council resolution approving the PCD
Master Plan Program with conditions is - attached as Attachment B. Additional conditions from
the Engineering Division, Public Facilities and Services and the Fire Marshal relating to project .
design will be imposed at the time of SPARC approval.
PROJECT SUMMARY J
Project: Petaluma Village Marketplace
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: 048 - 080 -033 and 007 -391 -035
Project File No. REZ02001
Vroject Planner:
project Applicant:
property Owner:
Betsi Lewitter
Chelsea Property Group
Chelsea Property Group
Page 1
I Nearest Cross, Street to Project Site: Corona. Road •
2
3 Property Size: 72.47 acres
4
5 Site Characteristics: The River Oaks /Petaluma Factory Outlet Village Planned
6 Community District' site consists of a total. of 72.47 acres. The site
7 is divided into three parcels for - planning purposes: Parcel. C' .is the
8 most northern parcel (APN 048- 080 -038) and M 1.6,3 + /- acres in
9 size;. Parcel A is the central parcel (APN 048 -080 -039 007-401-
10 043 and 007 - 401 -044) consists of 25 +/- acres and. is developed
11 with the retail outlets and appurtenances; and Parcel. B is the most
12 southern parcel (APN 007 - 3.91 -09) and is" 22.9 + /- acres in area. In
13 addition, `there is abandoned railroad right -of -way (APN' 048-080-
14 033 and 007- 3911 -035) consisting of approximately 8.28 acres,
15
16 The undeveloped portions of the site are relatively flat. ,A total ,of
17 1.47 acres of potential jurisdictional wetlands occur on the site in
18 the form of seasonal wetlands, emergent marsh and riparian
19 habitat.
20
21 Existing Use: The Petaluma Factory Outlet Village is located on Parcel A Parcel
22 B, C and the abandoned railroad right- of- wayare vacant.
23
24 Proposed Use: Development of up to 173,400 gross square feet of commercial
25 retail uses on Parcel Band a 12- screen movie theater and a 36;000
26 commercial retail building on Parcel C.
-27
28 Current Zoning; Planned Community'District, Floodplain Combining; and Floodway
29 (P -C, PF -C and,FW) (P'
-C).
30
31 Proposed Zoning: Planned Community;District, Floodplain Combining and Floodway
32 (P -C, PF -C and FW) (P -C)
33
34 Current General Plan Land Use: Special Commercial
35
36 Proposed General Plan Land Use: Special Commercial
37
38 Subsequent Actions: after Planning .Commission .Review;
39
40 • City Council review and certification of the Subsequent EIR
41 • City' Council review and approval of the :modification to the River Oaks /Petaluma Factory
42 Outlet Village. Master Plan.
43 • Site Plan and Architectural Review Committee approval.
44 • Improvement Plans
45 • Building Permits •
46
Page 2
2
3 BACKGROUND
4
PROJECIr DESCRIPTION
5 In 1991, the entire 72.47 -acre ,project site was zoned Planned Community District, Floodplain
6 Combining and Floodway (P -C, PF -C and FW), and a Planned Community District (PCD)
7 Master Plan Program was approved, subject to 55 conditions of approval. With the zoning of the
8 entire 72+ acres to PCD, it was determined that some kind of commercial development would
9 occur at this location. Parcel A was tsubsequently developed as the Petaluma Village Premium
10 Outlets; the applicants are now proposing to develop the rein aining g of the site, known as
11 Parcels B and C.
12
13 An Environmental Impact Report (EIR) was cerfifed as adequate for .the original project. The
14 original EIR contemplated the development of retail, restaurants, hotel /motel and related
15 services, offices, and financial institutions on the "72 +/- site. The PCD Master Plan Program
16 provided details regarding the proposed retail. factory outlet stores ;on Parcel A. However, uses
17 for Parcels B and C'werel not specifically known and, therefore, could not be analyzed
18 thoroughly. Condition, of approval 51 required appropriate environmental analysis in conjunction
19 with any application for modification of the PCD Master Plan.
20
21 A Draft Subsequent Environmental Impact Report (DSEIR) was prepared by Lamphier- Gregory
22 and released for public comments in November 2002. After public. hearings on the DSEIR, the
3 Commission directed staff to - initiate and supervise preparation of the Final Subsequent
0
24 Environmental Impact Report (FSEIR), which responded to all significant environmental points
25 raised during the 45 -day public review period. The project cannot be approved unless the SEIR
26 is certified, as adequate. After- review of the FSEIR, if the,,, Commission recommended
27 certification of the document to the City Council, they may then proceed with review of the
28 project itself. If the Commission recommended that the FSEIR not. be certified as adequate, the
29 there is no reason to. consider the project, since the only recommendation they can offer the
30 Council is project denial.
31
32 The Site Plan and Architectural Review Committee (SPARC) reviewed the project on August 22,
33 2002. The Committee expressed' concern regarding the expansive amount of parking area, lack of
34 linkage between, the sites, the installation of another signal light on Petaluma Boulevard North,
35 and the architecture looking too much like Disneyland. The importance of the building
36 architecture addressing Highway 101 was emphasized. Access to the proposed theater on Parcel.
37 C was discussed including the lack of pedestrian - friendly areas for drop off and pick up.
38 Flooding was also a concern — the. Committee suggested that the detention ponds and creeks be
39 used as an amenity for the project.
40
41 APPROVAL REQUESTED
42
43 The .applicants. are proposing to develop Parcel C, which comprises 16.3 acres to the north of the
44 existing Petaluma Village Premium Outlets, with a 10 to 12 screen movie theater and a 36,000
0 square foot retail building. 'The structures would be located along the abandoned railroad right-
Page 3
1 of -way adjacent,to Highway `101. Parking; would be located on the west- side of the parcel outside
2 the buffer area along, the Petaluma. River similar to the existing parking for the outlet stores.
3
4 Parcel B, consisting of :almost 23 acres, would be developed with five retail buildings `totaling
5 approximately 173,400 square feet. These would also be aligned along the abandoned railroad
6 right -of- - way adjacent to.Highway 10L. The existing parking pattern for the outlet; stores would
7 be continued with the provision of additional parking on the west side of the parcel outside the
8 river buffer area.
10 A total of 2,412 parking spaces are to,,be, provided at the site, including the existing 062 for the
11 outlet stores, 527 spaces for Parcel C and 923 spaces for Parcel B.
12
1 -3 Because of the, possibility of hydrocarbons from auto fluid leakage and heavy metals from tires
14 and' brake pads being conveyed to the. Petaluma River and/or creeks from storm 'water runoff,
15 water will. be conveyed either through catch basins into dissipation structures from where it will
16 percolate into vegetated swales or water will sheet. flow to openings :in the urban curbs to the
1.7 vegetated swales: The swales are intended to filter the contaminants out of the water prior to
18 flowing,-into the 'Petaluma River and/or creeks.
19
20 Outlet, Mall Drive off Petaluma Boulevard North currently provides access to the existing outlet
21 stores. A new roadway, Village Drive would be. constructed to also link Parcel B 'to .Petaluma
22 Bou North. Vehicular access between Parcel C and A is provided through the parking
23 areas. To minimize the necessary creek ,crossing, only a pedestrian bridge is provided across
24 Capri Creek; :automobile circulation. between Parcel B and A would be , provided behind the S
25 buildings in the parking area adjacent to Highway 1,01. The location of this vehicle connection
2.6 between Parcels B and A would de- emphasize it as a route for through rtraffic and would
27 probably only, serve ;a small volume of intra- shopping center vehicle trips.
28
29 The existing riverwalk on Parcel A would be extended to Parcel B and Parcel C to provide
30 bicycle and pedestrian connections between the three parcels as well as to provide public access
31 along the Petaluma River,
32
33 Landscaping . includes informal clusters of native trees to enhance the riparian areas at the
34 southernmost edge of the parking area in parcel . ,B, the preservation of existing trees in some
35 locations, the,planting of flowering accent trees in parking lots, and special paving in entry, and
36 crosswalk areas.
37
38 SETTING
39
40 The project site is located .generally west of Highway 1.01 and east of Petaluma Boulevard North,
41 approximately 2,000 feet south of Corona Road. This section of Petaluma is. referred to as the
42 Corona Reach, an approximately one mile long stretch of the Petaluma River. 'The River. runs
43 from north" to, south adjacent to .and through the western portion of "the site. The Corona Creek
44 remnant ::is Ahe northern boundary of 'Parcel, C Capri Creek is the northern boundary Parcel':B.
45 and an unnamed' drainage (sometimes called Deer Creek) bisects the southern portion of Parcel
46 B.
47
.Page 4
0 l Parcel A, consisting of 25 acres, is currently developed with the Petaluma Village Premium
Z Outlets. Parcel B, to the south of Parcel A, is almost 23 acres. Parcel C, to the north of Parcel A,
3 is approximately 16 acres. The entire development site includes approximately 8.28 acres of
4 abandoned railroad night-of-way.
5
6 The Petaluma .Livestock Auction Yard and vacant land exist to the north of Parcel C; a mixture
7 of light industrial, single and multiple :family ,residential, mobile home park and vacant land
8 occur to the east across Highway I Gl . The Northwestern Pacific Railroad tracks and vacant land
9 are to the south. A mixture of highway commercial uses is located along Petaluma Boulevard
10 North on the west side of the Petaluma River.
11
12 Location maps and aerial'. photographs are contained within the DSEIR.
13
14 STAFF ANALYSIS
15
16 General Plan Consistency
17 The entire 72+ acre site was 'designated, Special Commercial in 1991 prior to the development of
18 the retail outlet stores. According to the definitions of land use categories in the General Plan
19 document, "This designation is intended to complement the City's existing retail base, and to
20 produce sales tax revenue. Special Commercial areas provide sites for creative, well - designed,
21 master - planned commercial' facilities that add significantly to the City's tax base by capturing
22 local dollars that now go etsewhere:" The project will provide over 200,000 new square feet of
10 3 destination- oriented commercial. retail facilities.
4
25 Chapter 2 of the DSEIR, Land Use and Planning Policy, lists the seven central goals of
26 Petaluma's General Plan and how the goals relate to the project (Page 2 -7). The project's
27 consistency with specific' General Plan relating to-Community'Character; Land Use and
28 Growth Management; The Petaluma River; 'Open -Space, Conservation and Energy; Parks,
29 Recreation, Schools and Child Care; Visual Quality and Aesthetics; Local Economy; Housing;
30 Transportation and Community- Health and Safety is also reviewed on pages 2 -8 through 2 -17 of
31 the DSEIR. The SEIR. stated that the proposed development' of Parcels B and C, with mitigation
32 measures (including anew east /west connector and Highway .101: interchange) and conditions of
33 approval, would,-be consistent with these policies. The consistency of these policies with the
34 entire project was determined at the time of the certification of the original EIR. Conditions of
35 approval'. were then imposed on the project to clarify and/or reinforce the 'policies. Similarly,
36 conditions of'approyal will be imposed: with this phase of the site development.
37
38 The General Plan Circulation Map identifies an arterial roadway parallel to and west of Highway
39 101, which would pass through the project site. Condition of approval 23 for the River
40 Oaks /Petaluma Factory Outlet. Village PCD Master Plan Program required a north/south
41 collector road in increments. Excerpts from the condition and the developer's responses are listed
42 below:
43
44 Condition 23.A. A temporary emergency road to the Petaluma Factory Outlet Village (Parcel A)
will be provided from Corona Road.
6
Page 5
I Response: A temporary emergency access road. was made available during construction on
2 Parcel. A and is still available by a recorded access easement.
3
4 Condition 23.B. The collector road along the Petaluma Factory Outlet, Village shall be
5 completed concurrently with the first leg or portion of the collector road serving either Parcel B
6 or C.
8 esponse . No north/south collector road has been developed between Coro_ na Road and Parcel
9 A.
10
11 Condition 23.0 &D. As deemed appropriate through specific project environmental review for
12 Parcels. Band C, development approvals for Parcels .B and I C may require completion of the
13 length of the collector road connecting the Petaluma Factory Outlet Village to either the
14 proposed.east /west overpass or Petaluma Boulevard North.
15
16 Response: No north south collector road has been developed between Corona. Road and Parcel
17 A. The proposed east /west overpass is not currently_ being pursued. by the City of`Petaluma,. and
1.8 the .City .has not identified the location where a collector road would intersect' Petaluma
19 Boulevard North.
20
21 Condition 21E: It is recognized .that the City ... May need to utilize the power of eminent domain
22 to obtain necessary right -of.- -way outside the boundaries of thei River Oaks. PCD Master Plan
23 project area, subject to need and analysis at time of development proposal for Parcels ,B an&or.C.
24
25 Response: To date; the City has not exercised its right of eminent domain to acquire right -of-
26 way beyond the boundaries of the project site for developments of a collector road.
27
28 In addition, the traffic study for the project determined that a .road linking the�proj:ect. site to
29 Corona Road would not be needed to accommodate the project's traffic since the, streets and
30 intersections at the periphery of the project site have adequate capacity to operate acceptably
31 without 'this additional roadway. Therefore, no such road is included in the project- plans,
32 although the site design would still allow a roadway to be. extended through the project site to
33 Corona Road.
34:
35 Policy 31 of the General Plan Transportation Section ,states that, "Land use .decisions shall be
36 based on potential traffic impact." The project would result in unacceptable Levels of Service
37 (LOS) at, key intersections and segments of Old Redwood Highway, including the highway
38 overpass during some peak hours. Currently; `the General Plan Transportation Section only states
39 that. the LOS for City streets shall not deteriorate below level C and .in cases where the streets
40 already operate at LOS D, they shall not, deteriorate to the next lower level. Intersections are not
41 addressed. Proposed mitigations nclude,major improvements to streetsand intersections and the
42 adoption of a policy by the City Council stating that key 'downtown intersections are exempt..
43 from LOS thresholds. The City Council will need to determine if -the traffic impacts can be
44 feasibly mitigated or whether the impacts are considered acceptable 'because overriding'
45 considerations Tifidicale that the project's benefits outweigh the impacts: It should.be noted that
46 Objective (d) in the,`Transportation section is to, "Reduce the impacts of Highway 1:01 traffic on
Page 6
.10 1 Petaluma, and vice versa." By providing a movie theater and additional retail opportunities
2 within the City limits-, Peialumans will not have to use Highway 101 to reach movie theaters or
3 retail centers to the north or south.
4
5 Zoning District Consistency
6 The site was zoned Planned Community District, Floodplain Combining and Floodway (P -C, PF-
7 C and FW) in 1991. The P' -C zoning designation is used for large tracts of land to encourage
8 innovative design and compatibility of uses. It is expected that the development of a P -C district
9 will proceed by increments. Approval of a Planned Community Program, which outlines the
10 boundaries and character of the .site, location of proposed uses and amenities, and locations of
11 streets and access ways is required for the Planned Community.
12
13 The Floodplain Combining District (FP -C) is applied to areas within the boundaries of the "Area
14 of Special Flood Hazard' , but outside the Floodway areas.. Development is permitted upon
15 submittal of specific information and issuance of a development permit. The Floodway District
16 (F -W) includes all areas within the boundaries of the "Area of Special Flood Hazard" and within
17 the Floodway areas. No new .construction, intensification of existing uses or other development
18 is permitted with the exception of specific uses such as parking lots. A small portion of the site
19 immediately adjacent to the Petaluma River is considered Floodway. As with the existing
20 development on Parcel: A, only the parking areas and the Riverwalk on Parcels B and C are
21 intended to be located in the Floodway area.
22
3 The original approval for the River Oaks/Petaluma Outlet Village included a Master Plan
4 Program that addressed the requirements of the Planned Community Program. The document
-25 focused mainly on the development of the 25- acre,'Petaluma Village Premium Outlets. Uses
26 listed for the remainder of the site included additional retail facilities, restaurants, hotel /motel
27 and related services, offices financial institutions and other uses. The applicants are now seeking
28 a modification to the Master Plan. by requesting approval of the Petaluma Village Marketplace
29 Planned Community District 'General Development Plan, dated 1.2/02/02. The new document
30 lists permitted principal and, accessory uses for the Planned Community District. (Although the
31 document states conditional uses are also listed, none appear. This will need to be clarified by the
32 applicant.) The list of permitted uses .is consistent with the intent of the Special Commercial
33 General Plan designation. The document also contains information regarding building locations,
34 architecture and materials, landscape principles (including sustainability), drainage guidelines,
35 circulation and the Riverwalk. (Please see below for 'the document's consistency with the River
36 Access and Enhancement Plan.)`
37
38 Consistency with Any.Other Adopted Plans
39 Petaluma River Access and Enhancement Plan
40 The project was :reviewed for compliance with the Petaluma River Access and Enhancement
41 Plan (the Plan), which was adopted in 1996. The project site is located within the upstream
42 Petaluma River section known as the Corona Reach. The River Enhancement Plan creates buffer
43 zones for both sides of the river, as well as for tributary streams and creeks.
44
0 The Restoration Zone includes the riverbank and top of bank areas that require restoration. These
are generally areas that have disturbed vegetation and which, if stabilized and restored, would
Page 7
I contribute significantly to the wildlife and fishery habitat values and water quality of the
2 greenway. In the upstream. portion of the River, the Plan requires a-20 -foot Restoration Zone
3 setback, from top of riverbank. Within this Restoration Zone, trail access .is to' be generally
4 restricted except ,at carefully selected and controlled points for overlooks. The plans show one
5 section of the Riverwalk on Parcel B within the required 20 -foot Restoration 'Zone. This section
6 does not appear to consist of an overlook; therefore, a recommended condition. of SPARC
7 approval will require relocation of this small section of the Riverwalk.
9 The Buffer Zone is intended to provide protection to the restored and preserved habitats along
10 the river and a transitional setback from the riverbanks to the adjacent development :area. Public
1I access and amenities are allowed within the zone, but parking and buildings are ekcluded. The
12 Plan states that the minimum Buffer Zone is -100 feet from top of riverbank and 50 1 feet from the
13 top of bank of tributary streams and seasonal wetlands, However, while page 13 of The Petaluma
14 - Village Marketplace Planned Community District General Development Plan states that the
15 minimum .river setback average shall be 100 feet it allows a 25 -foot setback from the creeks.
16 The General Development Plan also allows walkways, streets, driveways and drives within: this
17 setback. The plans indicate general compliance with 'the required setbacks, except for the north
18 side of the unnamed creek (sometimes -referred to as Deer Creek) on the southern edge of the
19 development, site. The setback from top of bank shown. on the plans to the parking lot scales
20 between 35 to 45 ; feet. The top of bank for Capri Creek at the northern edge, of :Parcel B is
21 unclear on the plans., This was discussed with the project engineer, who determined that the
22' approximate location of top of bank seems to be at the 21' elevation. This would make the
23 setback from top of bank of Capri Creek to the proposed' parking to the south approkiniately 35
24 to ,4;0 feet, rather than the required 5.0 feet. Therefore, the General Development Plan and the
25 setbacks,, on the north side of Deer .Creek and the south side of Capri . Creek appear` to be in
26 conflict with the Buffer Zone as defined in the River.Enhancement Plan. However, Policy 13 'on
27 page .74 of-the-River Enhancement Plan states, ``....A buffer zone setback; if and to the extent
28 allowed. by .law; other than that prescribed in the .following programs may be allowed where the
29 City finds, based on substantial evidence, that the habitat .and other environmental impacts of the
30 proposed: development can be mitigated, and the intent and. goals of this .Plan can be met, by this
31 alternative setback." Therefore, the Commission and Council could determine, that there :is.
32 substantial evidence to. allow the reduced setbacks as proposed in the plans. and in the General
33 Development Plan.
34
35 The, bridge for the Village: Drive entrance will pass through a narrow portion of an area identified
36 as "Oak Grove /Riparian Woodland" in the River Enhancement Plan. This area: is designated as a
37 Preservation Zone, which prohibits any kind of development other than a "short, 'low- inpact-
38 interpretive trail ". The River Enhancement Plan supplemental guidelines :(page 20 6) state, "In
39 some areas, paths and trails or other unforeseen future activities .(such as emergency flood
40 maintenance, Utility crossings, roads or, future flood control projects) may intrude into restoration
41 or protection zones in these areas. Because of the possibility of these intrusions, the document
42 includes ,guidelines for development, including , construction, building and landscaping setbacks
43 and operating requirements for mature native riparian species. The bridge is proposed to cross
44 the oak grove /riparian woodland identified in the :River - Enhancement Plan at .its narrowest point
45 in .order'to minimize impacts. The location is within a grassy area north of the'large oak grove
46 that appears along the river near the southern portion of Parcel B, and south of the cluster of oak
Page 8
g require the one 18 diameter oak ' Parcel A. Construction of the
102 bridge 1 trees locate along y
e would req tree located west of the river and
3 not part of any .identified ,oak grove. A road- bridge in this general location is shown in the
4 Petaluma General Plan Circulation Map. A SPARC' condition of approval will be included to
5 ensure development of the bridge will comply with the Supplemental Guidelines of the River
6 Enhancement Plan.
8 As described in the Draft Supplemental Environmental. Impact Report, construction of the
9 project will result in the loss of seasonal wetlands. There are also expected impacts to Capri and
10 Deer Creeks and the Petaluma River during bridge and utility construction, loss of riparian
11 habitat, and potential degradation of 'water quality. Therefore, the project will be required to
12 obtain authorizations and permits from the U.S. Army Corps of Engineers, Regional Water
13 1 Quality Control Board, California Department of Fish and Game and possibly the U. S. Fish and
14 Wildlife Service.
15
16 Bicycle Plan'
17 The Bicycle Circulation Plan shows Class I bike paths along the ,Petaluma River on the western
18 border of the site and along the railroad right -of- -way adjacent to Highway 101 on the eastern
19 border of the site. As previously stated, the Riverwalk will be extended through Parcels B and C,
20 which will provide the required bicycle, as well as pedestrian access. No bike path is shown on
21 the railroad night-of-way at this time.
22
V 4 3 The Petaluma Pedestrian and Bicycle Advisory Committee (PBAC) reviewed the project and
recommended several conditions of approval. Because the conditions deal with project design,
25 they will be imposed at the time of Site Plan and Architectural Review Committee (SPARC)
26 approval, with the exception of the requirement for a bridge to cross Capri Creek since this
27 connection is already included in the project plans:
28
29 Central Petaluma Specific Plan
30 At the DSEIR public hearings, the Commission and some of the commentors expressed concern
31 regarding the project's compatibility with the Central Petaluma Specific Plan. The Plan
32 concentrates on the central core of Petaluma, which consists of approximately 400 acres bounded
33 by Lakeville Street on the east and north, Petaluma Boulevard. on the west and Highway 101 on
34 the south. At the outset of the planning process for Central Petaluma, a list of concepts was
35 developed. to .guide the. preparation of the Plan. These concepts included the consideration of
36 5,000 to 7,000• square: foot national chains for the area,. but not "big box" retail. Although this is
37 appropriate for the central core of the City, there is ,nothing in the Plan that prohibits
38 development of larger retail opportunities in other parts ,of the City. The retail spaces proposed
39 for the Petaluma Vitlage 'Marketplace range from 1.8,400 to 50,000 square feet. These larger
40 spaces could attract stores selling goods for which Petalumans currently have to travel outside
41 the City to purchase. I"n addition, these stores could attract shoppers from other areas who could
42 also discover the downtown area.
43
44 Central Petaluma is the - heart of the. City; the General Plan and the Central Specific Plan
encourage city - centered growth. Completing the development of the subject property, which has
Page 9
I been designated for commercial uses and which is within the existing City limits and Urban
2 Growth Boundary, does not discount this principle or promote urban sprawl.
3
4 Primary Issues
5 Land; Use Compatibility
6 The entire 72+ acre site was zoned Planned Community Development in 1991. At that time it
7 was anticipated that the entire site would be developed with commercial uses The current
8 proposal is consistent with the intent of the original proposal.
9
10 The Supplemental EIR determined that the project would not result in any significant impacts
11 with regard to land use, including, interference with on -going agricultural :operations in the
12 vicinity.
13
14 Site and Building Design
15 Parcel A, which Jncludes the Petaluma Village Premium Outlets, is fully developed with 20000
16 square feet of building area. Parcel B is proposed to be developed with 173,400 + /- square feet of
17 building area on -15 out of 22.89 gross acres..Approx mately.81,000 square feet of building, will'
18 be constructed on 9.3 acres out of'the 16.3 gross, acres of Parcel C.
19
20 The. new, development will use corrugated metal roofs and siding, brick or bri& block walls
21 truss type grillage and metal cornice details similar to that seen on the existing outlet stores. The
22 buildings shall be sited to fulfill the City's zero net fill requirements.
23
24 The DSEIR found that the scale and massing of'the proposed buildings would be compatible
25 with other development in the vicinity along Highway 101, which consists of horizontal, low-
26 profile structures with large parking areas. The project will be subject to SPARC;approval.
27
28 The Planning Commission requested installation of story poles to illustrate the. height and mass
29 of the buildings proposed for both Parcels B and C. Although not yet adopted, the applicant "was
30 provided,with a copy of the draft Policy on the Praceinent of Story Poles. Poles were installed on
31 April. 8 as :shown on the map and as explained. in the applicant's letter included. in Attachment D.
32. In addition to the poles informational signs have been installed which include a site plan and
33 proposed elevations.
34
35 Traffic/Circulation/Parking
36 Access• to, the site will be provided, from Petaluma Boulevard North via the existing Factory
37 Outlet Drive as well as a new ;road to .the .south (Village Drive). Major roads in, the areaahat
38 would. be expected to carry project traffic are Petaluma Boulevard Old Redwood Highway,
39_ Stony Point Road Corona `Road Lakeville Street and Washington Street. , .Pursuant to the
40 Planning .Commissioners' request, the proposed Village Drive has been marked with three -foot
41 tall stakes on both sides of the river at 50 -foot intervals out to Petaluma Boulevard.. The stakes
42 demonstrate the curb face -to -curb face width of the proposed road.
43
44 Based on traffic studies, the DSEIR concluded that the additional traffic from the. project could
45. result in several impacts that: would be potentially significant. However, some of the potentially
46 significant cumulative impacts would'be expected to occur even without the project. The impacts
Page 10
is I ' would be reduced to a less than significant level with the incorporation of mitigation measures.
2 The mitigation measures would require major intersection and road improvements as well as
3 adoption of a policy by the City Council stating that key downtown intersections are exempt
4 from LOS thresholds:.' This issue is discussed in•detail in Chapter 7 of the DSEIR.
6 The existing Factory Outlet Drive would serve parcels A and, C; the proposed Village Drive
7 would serve Parcel B. A connection would be provided between. Parcel A and Parcel B in the
8 parking lot parallel to U.S: 101.
9
10 The north/south collector road discussed in condition of approval 23 for the River
11 Oaks /Petaluma Factory Outlet Village Project approved in 1991 is not proposed as part of the
12 project. As previously stated in this report the traffic analysis done for the project determined
13 that a road linking Parcels .A and C directly to. Corona Road would not be needed to
14 accommodate traffic from the proposed development, because the streets and intersections at the
15 periphery of the project site have adequate capacity to operate acceptably without the additional
16 roadway.
17
18 The Petaluma Zoning Ordinance requires one off - street parking space for each 300 square feet of
19 retail floor area and one space for each 3.5 fixed seats within theaters. Because the sales floor
20 area of the new retail space is unknown at this time, the applicants considered the total building
21 areas. Upon full build -out of Parcels A, B and C, the 'applicants have determined that 2,043
22 parking spaces would be required per the Zoning Ordinance; the site plan indicates that a total of
� 1 3 2
,412 spaces would be provided. Therefore, the project exceeds the City's requirements for off -
4 street parking.
25
26 Biological Resources
27 The SEIR analyzed the-impacts t&-wildlife, habitat., and wetlands., 36 acres of
28 non - native annual grassland will ,be lost with development of the site. Based on surveys done for
29 the SEIR, the site does not contain any special status plant species. The site does contain
30 potential habitat for five special - status wildlife species: the northwestern pond turtle, California
31 red - legged frog, California yellow warbler, northern harrier and white- tailed kite. Mitigation
32 measures were included to reduce the impacts to these species to a less than significant level.
33 Most of the mitigation' measures, require permit approvals from the California Department of
34 Fish and. Game.
35
36 Approximately 1.47 acres of wetland communities, including seasonal wetland depressions,
37 emergent marsh and riparian habitat exist on the site (excluding ripariarr'canopy associated with
38 the Petaluma River). In order to place the proposed theater as far back as possible from the
39 Petaluma River, up 'to 0.46 acres of seasonal wetlands will be filled. The SEIR determined that
40 the wetlands that would be lost have limited value as habitat. Under the wetlands mitigation
41 program, the project. sponsor will be required to create replacement wetlands elsewhere.
42 Mitigation replacement ratios wall be determined as part of the U. S. Army Corps of Engineers,
43 Regional Water Quality Control Board and /or California. D_ epartment of Fish and Game
44 permitting process.
Page 11
1 Flooding
2 Objective (e) of the General Plan Health and Safety chapter requires that new' development not
3 compound or impact, the potential for flooding in developed areas. Policy 7 under Flood Hazards
4 states that the City . should allow development, in ,flood -prone areas only with ,appropriate
5 mitigation. The SEIR determined that: since a portion of the project site is within the 1 -year
6 floodplain of the Petaluma, River, the project has the potential, to increase, I0,0 -year water -, surface
7 elevations on the river during large flood events, which could aggravate,;existing flooding
8 problems. Mitigation measures included "strategic site layout" whereby parking lots are,placed
9 immediately adjacent to the river. This layout minimizes the obstruction of flow in the river
10 during high, flow events., It also complies with the City's'zero net fill policy by allowing water to
11. be stored, in `the parking lots during major storm events so that the total volume of flood storage
12 within. the floodplain is not :reduced. This ,mitigation measure was 'expected to reduce the
13 potential impact, to a less than significant level. In addition, it was deterrriined that projected
14 cumulative runoff increases are not expected to represent a significant impact on flooding
15 conditions in the Petaluma..River.
16
17 Noise
18 With the exception of the theater, the Uses on Parcels. B and C are expected to have similar
19 operating times to those existing on Parcel A.
20
21 There are, no sensitive noise receptors, such. as hospitals, schools and. residences; :immediately
22 adjacent to the project site. The closest sensitive receptors are residences located north and south
23 of the site west; of Petaluma Boulevard. These are at 'least 100 feet or more from 'the roadway
24 centerline:
25
26 The SEIR found that project- related traffic noise would raise existing and future baseline noise
27 levels by 1 ABA or .less along all surrounding and nearby. roadways. Since a 3: dBA increase is
28 barely noticeable: to most people, project- related traffic noise was considered a less than
29 significant impact.
30
31 The SEIR proposed mitigation measures to limit noise during construction activities and to avoid
32 future land use: compatibility problems..
33
34 Cultural Resources
35 No evidence.of archaeological material was found on the project site. However-,_ to ensure the
3.6 protection of any buried archaeological amaterials, a condition of approval will be recommended
37 to require that if any such. materials are found during construction work, all work 'be stopped
38 until a qualified archaeologist is consulted.
39
40 PUBLIC COMMENTS
41
42 A Notice of Public Hearing. was published in the Argus Courier and notices were sent to
43 residents and property owners within SOO feet of the project site as well as to people.outside the
44 500-foot-notice area who requested notification and/or who previously commented on the DSEIR
45 or the project., All letters received prior to the public hearing in response to the project review
46 public notice have been included as, Attachment F or will be distributed to the Commission.
Page 12
0 I.
2 At the time of the writing .of "this staff report; 123 comments were received in response to the
3 Notice of Availability for the SEIR. Of these letters, 83 were clearly in opposition to the project
4 and 26 favored the proposal. The remainder of the.responses•focused only on the DSEIR.
5
6 ENVIRONMENTAL RE -VIEW
7
8 Section 15162 of the CE QA guidelines requires the preparation of a Subsequent EIR when
9 information was not known and could not have been known at the time the previous EIR was
10 certified as complete. In addition to the CEQA requirement, Condition of approval No. 51 for the
I 1 original PCD Master Plan Program for the River Oaks/Petaluma. Factory Outlet Village required
12 the appropriate environmental ,review for Parcels B and C prior to project review.
13
14 A Draft Subsequent Environmental Impact Report was prepared by Lamphier- Gregory; the
15 required 45 -day comment period began on December 18, 2002 and ended on February 3, 2003.
16
17 Although the EIR could be certified as .adequate and. the project denied, the project cannot be
18 approved unless the EIR is certif'ed as adequate.
19
20
21 ATTACHMENTS
2
3 Attachment A:
24 Attachment B:
25
26 Attachment C:
27
28 Attachment D:
29 Attachment E:
30 Attachment F:
31 Attachment G:
32 Attachment H:
33
34
35
36 SAPC- Planning Commiss
0
Recommended Conditions of Approval
City Council Resolution 91 -136 approving the PCD Master Plan Program for
the River Oaks /Petaluma Factory Outlet Village Project.
Petaluma Village.-Marketplace Planned. Community District General
Development Plan
Applicant's letter and Story Pole Plan
Reduced Plans
Correspondence Received
SPARC'Minutes from. preliminary.review on August.22, 2202
Full Size Plans (Planning Commissioners only)
ion \Reports \pvm pc project staff rpt4- 22- 03.doc
Page 13