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HomeMy WebLinkAboutAgenda 7.A-Attch01 06/21/2004ATTACHMENT 1 ,. DRAFT ti CONDITIONS, OF APPROVAL°'(REVISE.D 12/9/03) Petaluma V l]age M 2200 Petalu m Bo lev North � D str'ct;,Modification Parcel' A: APN 048= 080=039, 007-'401-043,'007-401-044, Parcel B: APN 007- 391. - ; 009, Parcel C: APN 04,8; 080= 038,,; Abandoned Railroad Right -of -Way: APN, 048' -080 033 and 007 -391 -035 ProjectFileNo. REZ020:0 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 'Vil lage: 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 Rive' f 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 i y ,Outlet Village, at the earliest possible developer of the Petaluma Factory opportunity, `following construction activity,, subject to,, etermination of City staff. b. Land scaping ,activities shall'' ncorporate measures to insure ,that introduced exotic and/or invasive plant s P eves do not degrade adjacent habitats to be rehabilitated or retained, subject to staff'review and approval. I, c. All develpp.nienty 'ith`in 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': restaurant's located' on the project site shall uti'l'ize, processes that - insure compliance to, Bay - Area Air Quality Management District (BAAQMD) Regulation No. 1.0 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 bui'l'ding materials .and. energy- conserving features. Project- shall A 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 deb- ,elopm'entrp'ennits, subject to City staff•re�i wand approval. The developei&of the Petaluma Factory Outlet ll z Village (Parcel, A) shall agree ,to act in good .faith in pursuing the possibility "and itrfplernenting the appropriate cross_ access easements to allow ,shared parking facilities with future development witfiin the River Oaks Master Plan area. 3.. All mitigation measures ; ado6ted in conjunction with' the Final Subsequent Environmental Impact. Report for the, Peta''lurna Village Marketplace- are herein incorporated by reference a's,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: detail`s of the types of >. f xtures ;to be :installed. The lighting" plan, shall conform, to the Site Plan and Architectural Roview 'standards for ,lighti ig os; well as the ] 'ghting standards outlined in the Bicycle'Pl'an (Obj'ecti•ve O, Polrcios, 39, 40 and 41). 5 t Within 5' days of the. approval by the City, Council, the applicant, shall submit ;to the. 'Plan_riing Division ,the $3,5.0;0 Notice of Determination filing fee and the $850.00 State, Department of Fish and Game fee. Both fees may `be included in one c heck payable to the Sonoma County. Clerk. ` 6. The'Rivertivalk and - bioswale shall ,be rerouted so that grading occurs within the driplines, of trees. „ 7,' The applicant shall defend, indemnify, and `hold .harmless the:. City .or a` ny of its boards, c6mmi 'ssions agents, officers, and employees from any claim,, action,, or proceeding against the City, its boards, commissions, ,agents; .officers, brrornp oyees to, attack, set aside, void', or.annul any of the; approvals of the project, including the cert rf cationof the E I R. when; such.clarrrr or a'ctron is brought wrthin the' time period provided for 'in ap,phcable .State 'and /or local statutes. The City. promptly notify the apDli-ca-nts any such., claim, action; or proceeding. The City shall coordinate in th"e defense: Nothing contained in `this condition shall prohibit the; City from ,participating. in .a: defense of'any claim, action,. or .proceeding arid' `'if the City chooses to do so appellant shall reimburse City for.attomeys 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, develo;per rshaH ,plant ':1 15- ga_ilon Valley, Oaks as part of the riparian restoration planting at:the Petaluma River. These -oaks shall be planted in prominent 'locations. The :landscape rnaster plan submitted for SPARC shall clearly show the location. of the valley oak to be removed` and locations of the 15 replacement: trees. The a6,cat on of'rest6,r_ationglantings shall he subject to the °review "and approval of SPARC and the CDD and /or the rni °igatiom monitoring consultant. • 9. - Prior .to SPARC review; the PCD General �De�elopment Plan shall be' revised. to Aernons`trate' thai the total parking ratio shalLnot exceed 4.5:1,000 for Parcels.B and t C., Forty of the, allowed 40 spaces for- ParceL B shall be moved to Parcel C. 12 , 10. The improvement plans shall be designed so that. there are no drain inlets directly into pursuant to the creeks or the n °ver p accepted * standards of the City Engineering Division and the Sonoma County Water Agency. Vegetated s'wales and /or detention ponds shall be used: 11 t thR nik sh ll b up :the north side of,,Deer Creek, across Deer Creek g' g down the south si of''Deer Creek and then along the River to the southern property lines 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`Nlanager as outlined in the memo to1he Planning Commission , dated';L0 /20%03. 13. The City shall be indemnified from any claims- :resulting from flooding due to faulty hydrological informaf on '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 the wetlands, mitigation. Specific: performance , standards shall be established: ias part of this plan, subject to the review and approval of planning staff uance�of4n develo merit . ermit All costs of the monitor' prior to iss' y p" p mg plan shall be borne by the appl`icant; 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 bf,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 permi ts. 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, pennits. 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 0 amenities and .landscape. No' parking is to be placed in. the' visibility ,comdor. 13 L Another visibility corridor should occur between, the buildings on Parcel 'C with public amenities similar - to those in the visibilitycorcidor on`ParcelB. b. Parcel B Provide connectivity between buildings 'to "avoid, isolation of the southern building. and diff culty.of navigating between one, building and another... c: Circutation!. Design elements; �nctuding - signage, should be incorporated to ensure. people do not have to get into their ?cars to go from one parcel to another — especially a_ void people ,gong +rout 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 theEn ineering Division: 18. Access shall, be over and through Village D_ rive from the Petaluma Village Marketplace site to Petaluma Boulevard North. 1.9. 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 fare adequate to serve the entire`:proj,ect: The developer is responsible for upsizing/upgradrrig any'utility i "nfrastructure /systems as' determ ined by 'the,updated.master plan. amendments and the CityEngmeer.