Loading...
HomeMy WebLinkAboutAgenda 7.A-Attch10 06/21/2004Re s olu tion! No. 91 -136 A.C.S. Of the City , q - of Petaluma,. Cafifbrnia 3 ARESOLUTION OF THE..COilNCIL.QF THE CITY OF PETALIJMA 4 APPROVING THEPCD,MASTER PLAN ; PROGR - FOR THE 5. RIVER OAKS /PETALUMA FACTORY OUTLET VILLAGE PROJECT 6- 7 i 8 WI- IEREAS, by action take non' Jul y '10,.1990, the Plannin 9 conditional approval- of g; Commission recommended pp stet 'Plan for the proposed, River Oaks/Petaluma : the, PCD M'a 10 Factory Outlet Village PCD; arid, 11 12 WHEREAS, the City Council of the City of Petaluma held public b earings on the proposed 13 PCD Master Plan on February 4 1 -991 and February 11, 1991: 14 - 1� NOW TT iEREFORE BE IT RESO LVE`D that the City Council has adopted findings 16 applicable to the pre zoning /,,rezoning of .said project site; as set forth, in Ordinance No. 17 1853, adopted by the City Council on the 20th day of May, 1991.' 1S 19 NOW THEREFORE BE°IT FURTHER RESOLVED that the City Council finds that the requirements of the California, Quality Act Guidelines, have .been met and 1 hereby incorporates by reference the FEIR, certified, approved, and adopted by the City 22 Council on December 17, 1990:; 24 NOW THEREFORE, BE IT FURTHER RESOLVED 'that the City Council hereby 25 approves the RIVER. OAKS /PETALUMA. FACTORY OUTLET VILLAGE PCD 26 MASTER PLAN PROGRAM, subject to the conditions; of approval set out hereinafter: 27 28 Relative to the River O'a'ks PCD Master Plan Program: 29 30 1. The;4ollowing s'p`ecific text changes to the PCD Master Plan! 'Program shall be 1 undertaken,) subject' to 'staff''review and approval: 32 T 03 A. A A da007-39 n lab oed railroad ri 4 g y (Assessor's Parcel ;Numbers 048 080 - 1-35) to exhibits. 35 3.6 B.° Page 8' amend Permitted "Primary Uses" section to delete list of specific 37 permitted uses' - .refer to Petaluma factory outlet village for Parcel "A ", and 38 refer to .G.eneral Plan definition of "Special Commercial for outlining J9 potential uses on P " B" and "C ". 4.0 4l re C. Page 9 corre' ct parking figures for Petaluma Factory Outlet Village to final a 42 • PProvals. 3 4 D. Page 1 delete parking as permitted use within the Riverwalk Corridor area A_r_r ^0 - i',MENT 10 Res. No:�::: ..:...:. 1 :................ N fC.S. 1 . 2 E. Page 12 - correct narrative. on nverwalk corridor width to reflect. conditions 3 .of approval. 4 5 F. Pages 14 and 15 - amend'to reference required collector .road and temporary 6 emergency road, indicating location. 7 8 ., G;. Amend Legal ; Description of Rezoning to include abandoned railroad right- 9 of -way (A.P. #s 04 ",8x080 -33 and 007 - 391 -35). 10. 11 H. Amend 'map : and text as needed. - to reflect phasing` of Petalur a Factory 12 Qutlei Village. 13 14 PCD Master Plan Pro ram document shall be ' ubziutted. to the Cit 2 ;Amended ..Development: m °ent, the overall River 15 16 Department, by the developers of Community .) . Oaks /Petaluma Factory Outlet Village project site (Parcels A, B and C .,. It shall 17 reflect all, applicable conditions of approval, subject to City staff review and 18 approval, and shall be submitted within 60 days of "Council approval. 19 ?0 '' 1 a entire River Oaks ;Pets II Rel�atiwe" to, "th / luma';.Factory' Outlet Village :PCD ,site: 2 23° 24 1. Construction activities shall utilize proper design: and construction techniques, subject 'to. Citystaff review and approval, to °minimize damage from ,ground shaking 25 to include, but: not be limited to the: following: 27 A:. Spread footings pl'aeed' 'on properly compacted fill for buildings °. Wall and 28 column f ootings shall be: at least 18'inches wide and laced at least. l8 inches 29 below.' the lowest adjacent subgrade, subject to by qualified 30 professional and City staff; 1 - g , pP . g P ry "' P P end- bearing >n the B. Bridge, abutment su orts to am rimy su ort from be. Brock; underlying ahe alluvium at about 30 foot depth„ subject to ,3 34 mudstone checking by quali "fied professional and staff. „ 35 36 . 2. activities activites proper ro ell utilize, r en g ineering. techniques "during design of 37 .: excavationrading and site preparation ,improvements,; subject 'to City, staff review , g 38 and approval`, including but not Tmuted to the "following; 39 40 A. mitigation .,of effects of expansive soils, including, moisture conditioning or 41 _ excavation of expansive _ materialsI with,_ replacement .of- non- expansive 42 material, subject to review and approval of Cit ,,staff. 43 . 44 R. Design .of drainage system to provide that no ponding of 'surface = water, and except where occurs m parking area as i "ntended for 45 46 runoff occurs, ponding stoMiwater management., Runoff .from roofs shall be directed away :from,. 47 structures and ;routed in a closed pipe to �a suitable outlet, collector—or 48 detention subject to review, and: approval of City staff... 50 3: Underground:utility improvements shall be constructed of corrosion- r.esis'tant pipes, 51 materials subject to review and approval of City staff. • 52 53 2' 4 muumize thes;'and parking lots', within mthe. site shall be" cleaned and swept weekly to 3 �,arnount of contanunated runoff. Parlan in de catch basins or other a p ro" hate",improvement gto sediment and clu 4 debris beui `uTtroduced into •the river, subject tb City, staff - review and >a r v 5 Materials„ and %or debris„ collected .. cleaning by clng activities ,shall. PP ° aI. 6 properly. t activities plan for the disposal of material from `cleanng,b sweeping and catchment shall be proposed by the applicant prior o the :issuance of the 8 first certificate of occupancy, and shall be sub�e.ct to review and approval of Cit 10 staff. 11 .5, from graded are Grading plans ,shall include p . rovisions to avoid silt entering the :Petaluma River as duri 13 City staff: ` rig eonst_ruction,.periods, subject to review '14 tY and approval of 15 6• Grading plans;, designed m;,accordance with °^.Ordinance J 16 Erosion .Control and ao rev 17 fol view and a , royal of City, N.C.S. Grading and l ,PP ty staff, shall address the 18 19 A. location of filI 20 21 B. areas to be revegetated methods, types o . f ve etation an 2. revegetation after grading _ g d timing for �3 24 25 C. meth °ods uto r reduce; �ninoff from graded areas and ''avoid sediment 2 . 6 accumulation m :the storm.drain „system. � D. An erosion° contrbl plan, to specify measures. to educe both 8 short- and long - term erosion problems 0 7• Interim and' permanent replanting of disturbed sites shall be undertak 31 developer 'of the Petaluma. Facto en, by the 32 ry Outlet Village, at, the earliest possible opportunity following construction activity, subject. to , deterrrunafion of City staff. 33 . ,5 activities on the r 34 �• .Initial rough cut and gradin activiti g g P_ o�ect,site shall be monitored by an OP archaeolo to• insure that an historic 4finds ire'grope -ly identified and �6 p otected Selection of the.archaeologgst .and the length o_f time; the archaeolo ist 38 pe with all associated ty staff . shall b:e on site shall „be to, Ci ` ` borne b. the,' aPProal, prior to issuance of the first 39 y rmit; costs for th'e professional services development app be licant.. `The on- site, archa'eolo i 40 ' o P work for a reasonable period ,of,, time; in the `vicinity � of the. fi 42 ndthfrsignifi¢anP 41 g gr _ is sto , ed the on -site archaeo fids are, uncovered dun^ ading activities: If work arc a ogical' and %or historic n 43 are found degree of protect and/ ll irnmed ate'ly notify City staff_., If artifacts 44 or removal /relocation and burden of associated costs shall be established by City staff consn with the on -site 4� archaeol`ogist and in ultatio appropriate agenci If ;artifacts are found, construction activity 46 es y r elsewhere on,the project site... y 47 ma continu e 48 P„ . site s 49 9` Develo rnent of th (,') shall co o the focal City standard 50 d . app able FEMA e. Zonm Ordm rew ann he s'� (Petaluma suJeCt to rev rice) nfor d approval of all a constraints for fl'oodpla n development, c1. pp o�riate „P gulatory - agencies, and shall protect sites. r result m no net ,crease iii flood elevations either u stream :or downstream of the J .3 4 5 6 7 .8 .9 10 11 12 13 14- 16 .1.8 20 . 21 22 24 ?5 26, -9 .30 31- _ 33 3.5 36 " 38 40. 41 42 . 43 44 45 46 47 . 48 49 SQ 51 52 53 0. No. construction of buildings or placement, of fill shall occur within the flo.odway. Permitted exception may be 'work performed for bank stabilization and/or erosion 12. 13. protection . (assuming no increase in - flood s) ,a s requi and /or levels result' a approved 'by the, appropriate regulatory-: agencies. Landscaping activities l shU incorporAte measures: ,to insure that introduced, exotic and/ idVasive I t es do not.degrad,2� aojacent,habit s rehabilitated or P an speci at to be reh , retained, subject to. staff review and. Approval., Bus pull-outs ,zhd bus stop shelters shall beproVided. on PetalurnaBoulevard North, one northb w ound -and uth - bound traffic; -_ in the vicinity . of the access drive concurrently improvements for- the - P y with construction of a4u-md factory owl Locatibn a p design shalfbe, subject to City Sonoma County Transit and Golden Gate Transit staff rev p�roval. If additional 1ex, and right.-U-wdy is needed for, transit imijrQV0rftents, C - fc b sted 't n C part ipati'on may 0 exercise - pow :of eminent domain. Costs associated vdhb - acquisition ' of additional public, b right-6f-wa e' y,;shall be borne y�the d e veloper ' Vielo of the Petaltrna.Facto''fy' t, Outle lage. p . Developer of the Petaluma F ,. - a or pq . 9 t act - ,y, Outlet 'Village , may q�pe ,prop ortionate e mbursement from future d evelopments which are sl!6w.n t have a, pr,609ttionate, p improvements subject to approval ,of the ' City Council'. . im act to th elieed f6f these me . The, foiiowinZ modifications; to 'Petalurria, Boulevard North'shall be incorporated into publio improvement pla ns and construc with al , cos ts borne by' the -c I . b ,s-,, 'd'6v,eldPdr,. of the Petaluma Factory - Outlet Village, fo r -the, first pha sq. of deve (Petaluma fact - I - ` outle�tvilla e), subject to' review and approval of the �07 ­ - I v illage:), 9 appropriate, re Viewing agency (Cityari'q`/ County): The southbound to northbound U . 4iirri . lan . e along 'Pet-a-luM.'a . Botilevad ofth just north rill N h of the Project Access- shall be eli .and /or relocated'. If e'liTrun alternative improvements 6 -f'or U- turf I's provements to!prqV.j . - capable of p accommodafin , I 'truck acid t shall be 'incorporated g arge tru _ into. the, . i�'bficj­ bvern6ntplan&and I construction ishall, be borne by. imprq ' s the .developer .of the Petalurna, Factory, Outlet Village. B. Lower f6liage on the trees: lining' the southbou laries,of' - Peta'lu-ma `,B, just north pfthe project access shall be ,seJectivqjy in order to pr"ovid - e cl sight lines fo Southbound to see the,,--new �siu.nd,lized' C. A-riorthbound. to southbound.U-turri lane. on the, Pe'takirria'Bbulevar , d�.Nprth, northbound. app & the Petaluma Factory lagd,access,j� be Outlet Vil.11 provided. D. Removal of any far along, rn Petalua. Boulevard' _North. i&, strongly disco d. If tree; i mpro rn �r . veerits associaied =�i& required with the development, the required removal of any .6�'stingilre�es along the tQ4j shall require, `r'eP1 atement at a ratio of'five 24"'box trees' for .each one tree removed. or two gro trees (inihimumbei - of fi'62 one tree ' removed. Location and species shall :be subject to,,Stw�, 30') for e revie, approval. R , , arilnierim _, U rri ste atth'e, w cost of the deve'loper of , the Petaluma Factory" Outlet Village;. subjec t to 'City andli'applicable. County staff ',Ireview and approval. 4, 'e -, Proposed, Petalumajactbry d &1 14 .Design . h " i' ou evelopment shall address natural features of. sit 'particularly 'the laf.'­ e`tree*�:�) d 3 nati e, "'rf. 96. nativ an existing v rive ront abitavas get forth injheag�r' ed;Biofojiical;��t 4 ov igation Plan. 5 15. Ile b e li ) cants/deVelbpei(g of 6 shall responsible. for' the " River' Oak's project site (Paicels A, B� and C) submission of relevant inform , " and, calculations for the 7 8 updating of the Water Master Plan, prior to issuancepf any I&nt permits, to p roVision T TrTI insure - of water- service for the proposed project as well well as the service area under th 9 properties within the potential s e: general plan I and zoning land 1.0 use designations, SUbje`to -review and approval of City staff. The possible need for 11 looping of the present water insystem sh - - mai sh as a function of this 12 Ian update. For ihe,purpo of t v P gp , - the conditions o f approv 0 7,development permit" shall ffi,dan, - e - r='t;ot,'b'uil'ding' , --it 0 • _ra:qY other permit certificate or ; 14 license pertairi m i6lthe ere-ctiQ'n',"�-;'c6nsttii�t,iori��,m,oii,� I ment"of dirt' a to e i�. oj - -1 ct sit � - . : on or a j 15 the River Odks/P�eiailuma Ta.ct 0 Iage'PCD proj 16 p, ee 17 Prior to the issuance of. the first ,develo p rnent; permit Wfthin the River" Oaks project 18 site (Parcels the � responsible. for the 19 extension of all water, m ains i_ ' ,$er'v' needed to that specific project site, 'providing 20 sizing as dictated b"y'l'i he Director of Engin6erin =on improvements ovements shall 21 include . '�n of kub-outs to rop property lines' ' provisio for future extensions as deemed 22 appropriate by the,Cit of to - se 23 y 'y serve future needs. 24 A. payback agreement I , as! allowed per Petalum Mu 6deSection 15.08.160, I—- I - , a C 25 may be requested'iby' e de'yel'Qper. -to 'Provide for proportionate reirbursement from remainin'g,�' Oaks and o't'heffi 'r'"tl�itet:de'VelciPtnent b . driefitting from utili ty line - exte'nsion, an u psizing beyond those to. serve the ements needed . - i project which;- constructed the: ,-, extengiors, and up 'si z­ ng, ''subject to approval of the 29 City Council 30 31 17. Developers of .bicheverject moves fQrwa 'project - rd "first - toward development permit issuance within the River Oaks project site Parcels ,Band C) shall be responsible 33 for the provision of adequate water Main extensions to pro'vide necessar l fire flows. 34 Developers the * of ', :Petaluma Factory Outlet _y et. Village shall -be responsible for the 35 installation of all required fire hydrantg and related - i mprovements ovements ,to serve their specific project' need's,. review and approval., of 'City staff (min) mm) 18. The applicants/d6ve'l moves' f6 6P'Or'(s)- of whichever pr 9 rn� -' ' ' r first toward 39 4Pve' issuarice' the 'klver�"o'a'ks'l').rpj s ite (P�arcels A, ,B -and 40 c)''shalf,b6 r6s'p`o'n's'Ibh' for r submission of e p 'relevant inIormation And,,calculations for 41 the updatmi`� g " the Se wer 'Master Plan, prior to issuance - j - - of any development 42 permits, "to in dre provision � of adequate. carrying and servi6nj capacity for th and"s'u'rrounding sewer basin, sub to, -a e 43 proposed'prbject 44 Ci biect n approval of staff: 45 46 '19. Appli'cdnts/Developer(s) of whichever project e' moves for 6rist toward 47 development issuance within the River Oaks project site (Parcels A, B and 48 Q shall be responsible for all rriain extensibns to serve. �thaf_ specific project, 49 u p' ffi6l. ding ump ding new puthp stati ons b,d - r equi re d eve' 6 �de­ for d I pment of - �Arcdfg' A, B and C 5 fl w � f,.i' - "�,h 1, , 1 ­ ), to be sized a ybnd,that which is nd signed 10, handle sewage e' "' v"� (sp','ecific C­Sg and �`CS9, City of 0 o m t " s e rv ice ic Petaluma Sanita �'Sf���wer;," Master Plan). � Sewer line" shalf he extended to -the project a 5 boundrjes ',`a'i Pt ` `t a, e eaum -, BOW vard North, and utility easements for a future pump n 1 station site shall be granted �to the City of Petaluma, to provide: for .exterisioris 2 without future di tion to developed ' opertie,s within the River Oaks area: 4 A payback agreement may be requested, by the .developer to provide for 5 proportionate reimbursement, from remaining River Oaks projects and other future 6 development benefiting from utility line extension, upsizing, pump stations and 7 related improvements beyond those: improvements .needed to serve the project 8 which constructed. said unprovements, ;subject to approval of the City ,Council as 9 allowed by,. Petaluma `1vlurucipal Code. Section 15:40:050. 10 Tl 20:. All required util =ity facilities shall "be .extended: to: serve the project site, ,at t he cost of . _ . 12 the. developer. Any existing and, all, proposed utih lines traversm ,adjacent' to ty g 13 and /or 'serving, the project sites shall be 'undergrounded - as development occurs 14 (except where lines, cross the Petaluma -River under the bridge crossing) or conduit 15 installed 'to facilitate future undergrounding, unless„ exempted by" City' code;' to — 16 reduce visual and. aesthetic impacts: Public 'improvements shall mclud'e providing 17 stub -.outs to project- boundaries, as, deemed .necessary by City�and utility company 18 staff:, If,conduit: is installed' rather than °undergrounding developer of the Petaluma. 19 Factory: Outlet Village shall coitribute the equivalent .costs ;of later. conversion ,to' 2 bject t y 0 a e of, ,public 'improvement vonstructi'on„ :su to ty et� Cm on of `the Ci ty staff. 22 23' 21.. Developers of the Petaluma Factory Outlet Village (Parcel A) shall purchase a 24 transmitter: an'd, radio equipment to. provide City emergency vehicle right -of -way 25 override capabili at .the new signal at Petaluma Boulevard North and the 26 Petaluma Factory Outlet Village :(Parcel A) access. Timing of . purchas'e and specific 27 brand of equipment shall be'as deemed, appropriate by the City Fire Ch'ief,,,and shah: ?8 be. completed .in conjunction with signal improvement installation. 29 3.0 22. The °follow`irig construction. practices shall be impl'e nented for they construction of 31 the" Petaluma factory outlet village ,(Parcel A) and related improvements;, subject to 32 staff reviewand.approval:. 33 34 ; A: Contractors shall water exposed dust. generating surfaces in - late morning and 35 4f at the end of the day. Additional watering, activi may be deemed .necessary 36 when wndspeeds speeds miles"per hour. 38 B: Soil.. piles and /or other construction materials shall, be protected or .. 39 .separated; where deemed necessary by staff, to avoid,, spillage onto traffic 4& ,lanes:, 4 C. material, shall utilize All. trucks hauling soils or similar dust generating . 43 tarpaulins or similarly "effective covers to reduce dust generation alono routes, 44 traveled. If deemed appropriate .in response to coinplamts received 'by City 45 staff work areas shall lie swept or ,washed down and truck tires leaving the , .46 -site shall be hosed, off to avoid tracking of Aebris, off the ,site. , 47 48 D. The developer of the Petaluma Factory Outlet Village ,shall designate A fob 49 superintendent or responsible person and provide a telephone number to. 0 contact said p erso n o monitor the ab ove,'dust c , -ol program, 51 and other operating complaint issues, authorized to or increased watering 52. �if ,deemed by' City staff. (mrn`). • 53 6 shall be the :responsibility of the developers and" or benefitting laridowners and/i6r funding mechanism place for the construction of the collector road. E: Construction activity 6n 'the site shall be Ifinited to Io'6PM, 'Monday ? -through Saturday (non-holiday). Liception the construction activity 3 limitation may -be approve4 by the City Community Development Director 4 for extraordinary circumstances such as traffic. coritrol; or building interior 5 work not, involving construction e generating activities. g, ; or non -noise 6 7 F. All hazardous ma (as .re�c-ogruzed by the City Fire Marshal) utilized on 8 the construction sites shall , be kept, within a fenced,: locked :enclosure, subject 9 to review and approval .of City staff.. 10. 11 23. The north-S olfth collector road l b by the City Traffic provided, as re�q 12 Engineer, in the. fb flowin , m.crementsr 9 13 14 A. A. temporary . emergency - ,gen6y road to -the ,Peta,luma Factory Outlet Village (Parcel 15 A), will' be provided from Corona Road'. The entire temporary. emergency. 16 road i Will be constructed by the developer of the ;Petaluma Factory Outlet 17 Village (Parcel A):. -P permits. A public nor to issuance village occupancy 19 access easement for the temporary, emergency road shall be granted to the 19 . City, prior -16 the, issuance of the first' Petaluma Factory Outlet Village 20 occupahcy permit. Alignment and structural - design of the temporary ernefgeftdy road f Cbioh� Road to. the, , point i f where provides direct rom road I from , , w ere i u t L _ access to the village, ',(Paicel A) w to review and approval of City .23 staff. A; access ,e,,asem'ent::for the i-temp prary emergency 'd 2) 4 road' may be request n of the "collector road from one upon completion � dir6ction! ('south 'Or, north ) to connect to an existing , n pu blic street, if not . 0 needed for _.'6'fh6f associated public: access purposes, subject to City Council 27 approvat. 28 ?9 B. The collector ctor road d along the Petaluma Factory, Outlet Village (parcel A) 30 shall be: oriiple.ied,clonctirrently,w.ith the first leg or portion of the collector c,� 31 road servi Parcel B or C. 33 C As .project environmental deeme - ap pT 0 p T, I � a t e through, further; sp6cific 34 ew� 'd - may; ,completion of the revi 6elopmefti approvals for b "I 35 6116ctor road connecti P connecting,. the e � length of ,the uma outlet; village 36 (Parcel A) with either: 1.) the proposed east /west overpass/ or 2) 37 ' PetAliirta Boilleviard North, at a - location 'to, be approved by the City of 38. Petalu-nia, 39 40 D. As deemed, appropriate hroqh. further specific project environMentaI. I 41 review, developmen, a p . - ire; completion of the roval s for Parcel C may eqq yr 42 . between, Corona, Road and, factory the Petaluma facto outlet village 43 (Parcel A), along an alignment 1. to . 'be approved by the City of Petaluma. 44 45 E. It is recognized that 'City, or other zap opriat e-govdrrm ental entity, may pt- 46 need -to utilizt power of eminent do m�difi',to.obtain necessary right-of-way 47 outside the boundaries of - River Oaks PCDi Master Plan,project area, 48 subject '-to need and analysis at, time of development proposal, for'Pircels B 49 - " _* f _ r ight -of -way and/or C'. All costs associated with the ob tainin shall be the :responsibility of the developers and" or benefitting laridowners and/i6r funding mechanism place for the construction of the collector road. 4 5 6 7 9 10 12 13 14 15 16 17. , )o 21 23 24 2 `7 2 9 30 33 34 35 36 37 .38 39` 40 41 4? 4 44 45 46 47 48 49 50 51 52 5 54 F. The colle.qtor.,road located '.Oh lands. covered by - the , Rivdr Oaks PCD Master PlarrPrograrn, shall be o ffered iothe� C-ityofPeta:luma..t-)lrQ:4 an irrevocable 1 . 6f dedication. The right -'of -way for the collector - '.n A offer, ec, or road: ont�i r shall bey offered, to the City. of Petaluma thro an irrevocable offer of dedication. prior to the issuance of ;the jitst I development permit. The -City a6knmwled' s that it shall accept the irrevocable offer subsequent to its formation of a limited-parposp- ent " -or its use Of an existing -govermeht qii , right' -of -way fa" gency., to acquire ,right ir market valu& and ,construct'the collector road: The properties� subject to the publi c ddbt financing instrument used to: 'acquire the right-of-way' and the collector, road shall' be those construct covered by the . River 'Oaks PCb Plan PtogTp I Lm.,_plus all; poiher properties Within the zone ._ of , benefit of the collector road, -and. the debt-shall be distributed among the ub" fi according to benefit a su J ezt.� ,prop properties acc S determined by" All .costs associA tedVi right - -way acqufsition.�shall be re )nsibility of the developers :, - and' r'benefiftih downers or mechaPismutilized to ainstimcf,said collector road. 24. Existing'Villboards on the,! River WksPCD Master Plan si shall be removed, at th:e expense of the developer and /or benefittihg un / propefties and / fdfii 4 ­ 1 11- fundin 9 mechanism utilized to construct, the ' require - d col road if con stiuciib,nof" the` colloctor.-road. and/or any buildings or other public or private .,'im . r - overheilts cannot be v , b uilt remo al relocaTioh of the billboards'. 'R_,Qadw,,d. width , may Vary. with the right; -of -way to accommodate; existing: billboard' easerneiits. -Vhere appropriate., sidewalks mA I y be ocate, d within, public 'easements over private property. The design of the` collector shall b�6 approved proved byj- the City Traffi c Engineer, Develo defend, indeMriify and"hold harmless the City afi&any ofitsb commissioners, agents, officers andierliployees from' any 1a: m, actioft-,'pro.ceeding and judgement against the,. City, its boards comrniss:ioners agents 'offiters, or . erqplOy,!t,-esan'sm Of the, satisfaction-.,bf condition . by developer. City shall promptly -notify the developer of an' � such .claim; . ac Jop or Tlie City PT I ishall' cooperkit cooperator in the; defence. Nothing contained - this condition shall or in bit the City from particip ati in t ion or hi h defense of any claim, proceeding ' Own atto if the faith, m- ey�s fees .and costs and the City defends that: action ri. in be-ars:71 good 25. AIL - Within the River Oaks Master Plan site shall be subject to .the payment of all applicable development fees; or as set f n orth in to of, - approval , arid, - as subject -..tO various ap plicable. I , sections of t he 'PetaJuma Murui cipal Code, 9'. 26. AII applicable traffic sa fety- improvements associated . ated with the new access or.ah any improvements for-' turning movements on Petalumi� Boulevard North shall,.�b.e constructed: strd,add, prior . to the issuance of -'the .first certificate . of occupancy, - for the .Petalurna`Factory Outlet Village. '27. The; e applicants /developers shall defend indernraf, arid hold - harnile'ss: the City or any , y y off icers, ernployees: any claim,, of it _ boards, commissions, agents, 0 TICO5 actian, or proceeding against. the City, its, - agents o fficers ; boards commissions,, .-cers, or emplo to attack. . set - o aside; v i i :oi annul, the approval of the River Oaks/Petalum, a Factory Outlet Village"`PCD project when such claim or action is i brought: within, the. time _period provided for in applicable State and /or local 2 statutes. The Cityalall promptly notify the applicants /developers of any such claim, 3 action or proceedin g _ The City shall• coordinate fully in the defense. Nothing 4 contained in this condition shall ro>zbit the City'from participating in a defense of p. 5 any sl'aim, action, or proceedm - if the City bears i own_ attorney's `fees and costs, ty " action,in good faith 6 and `the Ci defends' he 8 9 Relative to development of'Parcel "' "A" with the proposed Petaluma`Factory Outlet Village: 10 11 28. An :evacuation plan shall be developed by' the, `Petaluma Factory Outlet Village 12 (Parcel' A) proponent to, include .an early warning device, monitored by the on -site 13 security to provide tirn'ely evacuation :of persons and /or vehicles at time of 1.4 inu'nda'tion of 'the parking, area(s)_.. Evacuation ,plan sl;all 'be subject to review and 1 approval by city staff prior to issuance. of the first' certificate of occupancy. "All costs 16 associated vet h the preparation, review and morutonng of th evacuation plan 17 process. shall b e y' t village developer. e borne b th'e Petaluma facto . outle ry 18 19, The evacuation plan shall include provisions to identify the measure of flooding 20 which would. dictate; the need to close all 'operations within the Petaluma factory 21 outlet Village, The ;evacuation plan. shall be referred - to and incorporated. into the 22 mall rules and regulations and thereby referenced in ech in`dividu'al tenant lease to 23 insure' notification of evacuation and /or :closure. possibilities. If deemed necessary 24 by the City Attorney,, a document ,shall be prepared .by the developer of the 20 Petaluma Factory Outlet Village and recorded: the property, identifying the evacuation plan. 28 An indemnification ,agreement,' subject to �approval of the City. Attorney, shall be 29 executed, prior to issuance of the first certificate of` occupancy to hold harmless the 30 City in the event damage or loss; of life occurs in spite of or in the case of failure of 31 the relocation plan. 32 33 29. Development of the site shall be designed, in. eonformance with °local City standards 34 and applicable. FEMA constraints, to insure no net ncr-ease'in flood elevations 35 either upstream or downstream of the ; project site and to corriply with the no net fill 36 policy of a project resulting in a,, reasonable equivalence,of hydrolggy and hydraulics 37 to .the site before development. To. avreases in peak flows-downstream from. 38'- - the: building and pad area; alt flows in oid inc excess of existing stormwater flows shall be 39 detained ater .d ten onpfa to the 1 ilities hall be regulated ted byea weir. 'n c figu at configuration of 40 s 41 the device shall be.'based on the 10 -year, 25 -year and. 100 -y"ear recurrence in 42 storms. 43 44 Since the 'Petalurna Factory Outlet Village (Parcel A) ;proposes the constru 45 an 'on site dette ion P ction of ro ect' drainage i _ and it is recommen that the se improvements be a credit 46 toward t he ' storm fee . in im act accordance with Petaluma 47 Municipal Code Section 17.30:040:; S.tormwa designed' 49 30. .ter detente °o n facilities, shall be to allow. settling of stormwater sediments. Collection and removal of sediments from on =site de"tention' facilities; shall be undertaken'`by developer /operator of the Petaluma Factory, Outlet Village as deemed necessary by City staff to insure ongoing function of sediment collection 53 system as long .as the collection system is in use for th proposed -or any future land 54 use on, this parcel. A program shall be, prepared by developer of the Petaluma 4 I Factory, Outlet Village to set forth, cleaning, and sediment collection process and ? schedule for removal of possible contaminants; subject to review and approval of 3 City staff prior to .issuance of development permits. Said program,,approved by ,the 4 City. Engineer on a once yearly basis, shall i .entify cleaning schedule .(including 5 peak cleaning demand periods, fo° that year prior to the cominencemeIit of .fall 6 rains) and detail of cleaning methods; wet ord`ry, to be utilized; for removal of T ` hydrocarbon pollutants sand other debris f the driving /parking surfaces of the 8 site': Sediments and other °material collected: from the detention 9. ,storrriwater facilities and ;from cleaning activities will be disposed of at an appropri -ate waste . 10 receiving facilities. If de.emed;necessary by City taff, a:recorded agreement (subject 1.1 to review .and approval' by City staff) - shall he, executed; and _recorded; against: the 12 project site prior 'to issuance: of -the first occupancy perrrnt, to insure perpetual :13 monitoring and maintenance of stormwater detention facilities. 1,4 15 31 - The bridge, - across - the river, shall , provide for' a clear span. over the, floodway 17 shall be designed' f' r a o mirumurn eak fl' ; w of 6 540' cfs. Desi n constraints shall, 7 _ c � t& the City of Petaluma ,zero net fil a include balancing cut and fill accordin ty l 18 requirements and avoiding any, increase in water surface, elevation in a 100 7year 19 event:,' vent .betw,een the :existing and with bridge configur- ations The entrance; bridge 20 shall include provisions for bicycle and p'-edestri'an "traffic, subject:.to City staff review 2'1 and approval. _ 22 23 32. The developer of the Petaluma Factory .Outlet Village (Par., cel A) will create, a 24 . r verfront corridor,. as set .forth in an approved Biological Mitigation Plan, which will 25 include erihancement of riparian habitat along the Petaluma- River and provision of 26 ublic access for assive recreation activi i:e.: walker bikin sittin The 27 riverfron_t corridor will be .designed to be extended through Parcels B and. C at the ' 28 time those parcels, are d'eveldped:.' The proposed rived nt corridor. improvements 29 will be subject. to review and approval' "by SPAR'C,' City staff and all appropriate 30 regulatory agencies concurrently with SPARC'revi'ew of the proposed development 31 on; Parcel A. 32 33 33.: Setbacks from the top of bank ,of th'e` Petaluma River to the edge of° parking lot 34 improvements, as determined 'by SPARC, may vary substantiallyin depth with an 35 average of no less than.100' aid :a net° area: for ,the riverfrorit riparian eorrid °or of no 3'6 less than 4 acres Ph sical improvements' rove ments` ad y p jacent �to the Petaluma River shall be 37 undertaken in a manner to- restore and enhance, the riparian ;habitat of - the River, in 38 conformance with the details of improvement: and `timing- within the .approved' 39 Biological Mitigation Plan (BIvIP). The BMP °'shall be 'subs - to review of all 40 appropriate. regulatory: agencies prior to issuance of -the first d'evelopm'ent, permit 41 and shall be implemented m accordance with said" approved, Plan,. The area, 42 adjacent to the Petaluma River as identified within the.approved 18MP, as Zones A, 43 B and, C - for restoration and enhancement.,'hall also be, referred to as the river 44 corridor. 45 46 A]1 li seal improvements within the river corridor shall be subject to - .review and oval:. 47 app of SP.-ARC,,, in consultation with various applicable 'regulatory and/or 48 advisory. ;agencies prior to commencement of work within the Petaluma River 4.9 corridor. 50 51 34. The river corridor shall be offered to the Ci of. Petaluma , i , . 1. ty n fee through an. �? 53 irrevocable offer pf dedication prior to the issuance of ,the first certificate of `Staid 54 occupancy. irrevocable offer of dedication shall not inhibit or relieve owner /operator %developer` of. the Petaluma. Factory Outlet Village of the .. r - resp:onsibilities of .the five (5) y maintenatice requirement of the riverfront c L 2 corridor riparian enhancement program andi improvements per the approved BMP with fiscal responsibility being, 'handled through the Landscape /Hydraulic ' 4 Maintenance Assessment District'. It is the City's intent to -accept dedication of the - arid a- ate the Landscape /Hydraulic Maintenance Assessment 5 river- corridor ctiv, & ents (per #38) upon completion of the p i anting irriprovern 6 District (per' co,nd,i o.m .insure J d' rtaken in 7 condition #36.) t u e m oriftoring � maintenance is compliance 8 vatli the approved'BMP.` 9 1 " i I BMP) shall be pr ' ar''d and by the 10 35. A biological mitigat ., e plan ep 11 developer of thel. Petaluma Factory Outlet Village to create an ori. or off -site native 12 riparian and seasonal wetland And vernal pool habitat in compensation for removal 13 and, degradation of the , ori site habitats and w ' etlands. The BMP shall be prepared 14 by a biologist in cone.ert with A. licensed landscape architect, and shall be subject to 15 review and approval of the City. of Petaluma staff SPARC in consultation with 16 applicable a&' le's, prio r to the issuance, of any ,deve vi y agenc y ent permits. The, i6 locations, site preparation techniques, 17 plan shall ide'ntify-measurabl6" Objec.tive's,,si' ation tech ' tin' m aterial's And, methods, performance criteria, ' Phase timing and 18 planting mat a 19 maintenance /monitoring strategies. If an off -site replacement is pr oposed - specific ' - 20 input and assistance on site selection ''shall be re d b y t he - th e applicant and the 21 City from the Departr . hent an of Fish d Game pridr. to SPARC review. It is the comply With. all intent of the City to ' I Department of Fish and Game regu lations 23 applicable to native riparian And seasonal wetland replacement. The BMP shall 2 4 also include design , and .location - o.f'req l tii l red - inter l i,m'fencing.. and : signing to . protect And identify Ongoing rest work. T.be;� BMP shall' include recommended schedules for inspection . of ongoing work by a'qualified biolog oist to insure work is I L ' - 27 progressing in, accordance with said, approved � plan. � th er r estored habitat shall be aqe, , at e developer of, the Petaluma Factory 29 Outlet Villa 28 monitored, ,And, main% i d , the cost of th f6i'a, Peri 'd of fiv ' years following�'cor�pfeti of the restoration, as Village, 30 determined b maintenance shall be Subsequent t ma y City �faff- m onitoring and i . 31 undertaken by. a Undscape/Hvdrdulic Maintenafice' Assessment District, which 32 shall be formed at the cost of the developer of the P&t ctory Outlet Village, 33 prior to the issuance of the first certificate of: occupancy. All costs associated with 34 monitoring, maintenance : and reporting including- .related City administrative costs 3 for the five year break-in. 'period shall be paid. by * the developer of the Petaluma 36 Factory Outlet Village-. . 'Method of assurance 6b payment shall be to :City staff 37 app To val prior,,to issuance .6f the first development. permit. , 38 30 0 V 36. The . d,pprove'd ;BMP f6f Parcel A (Petaluma Fac ,'tory, ) , ut i114 of g�. shall I be fully the if§v�ceriificate of n � ce implemented with plantin achieved ac d 40 hi&e o I - 41 "Outlet Village shall ve y. The, developer of the Petaluma Factory Outll- -the ,occupanc beeti-implerr I ien due 42 option of bondiftg'forre.quired improvements that. have -not . 43 to weather,, or.im proper planting periods, subject to City staff approval. 44 45 37. All river.walk pathway, parking lot and bridge,lighting shall' consist of luminaries that set forth within 46 do not attract night - fl ying, insects and to minimize'pproval , Offs glare as j, subject to SPARC review A. The riVer,#alk�� 47 the approved BMP, , u �,w and; 48 shall: : be designed I � to l,imi.t,'Jh.e points of access to the he � riy.e-f I by hum ns toidentified 49 areas; pfoy iding 11 for slubstanti , al wback from-the river. al'ong theinainder of the river ffonta"'g S I PARC review and approval. .3 8. Hydrologic :capacity I capacityand perpetual maintenance of, riparian habitat shall be insured 5,3 through'the1ormationof aLandscape/H' draulic'N�ainte,nance Assessment District. Y 54 Cost of formation shall be paid by the developer of the,Petaluma Factory Outlet 1 " Vi City 'submission lage to the of .Petaluma, with of the required petition, prior to 2 issuance of the 'first certificate of occupancy. 3. 4 39., A. The 'developer of the Petaluma' Factory Outlet Village (Parcel. A) shall 5 contribute a °proportional, fair share' to, the issuance of the first 6 certifi'gate of occupancy, 'of traffic signal 'installation and /or upgrade costs at 7 - " the following:intersectrons: 8 9 1. Petaluma Boulevard North at Stony Point Road /Industri al Avenue 10 (proportional share estimafed at 22:1% _ $44,200). 11 12 2, Corona Road at Industrial' Avenue. (proportional .share. estimated at 13 35.3% _ $35;300). 14 15 1 Petaluma Boulevard North at Skillman (proportional, share estirnated 16 at 151% - $18,100).. 17 1$ The proportional fair share contribution is based upon project related 'increase in 19 PM' peak hour traffic volume at the 'intersection, gas, determined by the City Traffic , 20 `Engineer._ " 21 22. B., The Petaluma Factory.. Outlet Village ,(Parcel A) shall pp y all costs associated' 23 with the design and construction of the .following off site .urriprovements,, 24 subject to City staff (.and other. appropriate regulatory, agencies as necessary) ''S review and, approval, to insure that physical improvements .ares in ,place - prior 26 to issuance of the first certificate of occupancy: 27 28 h All necessary physical i`mproernents to the Payran Street% Magnolia 1 Avenue /Petaluma Boulevard-North intersection. 30 31 1 Shoulder widening (paving) and associated improvement adequate` to 32 provide off-street bus pull-out area. for two school' -bus "stops 0'ust: 33 south .of Jesse f.ane and just north of Pine Tree Lane.), 34 35 3'6 A payback a .cement may be requested, by the developer responsible for construction of said public improvements to ,recapture a proportionate share of the 37 costs from ,future projects found to have a significant 'impact upon the,nee'd for these 38 public improvements. 40 C. "The 'following - improvements ' shall be ;constructed subject- 'to review and 41 approval of City staff ando-other:appropri'ate agencies, prior to issuance of the .42 first certificate of occupancy: 43 . 44 1. hnstallation of 'an' interim traffic; signal at .Petaluma Boulevard 45 North /Old Redwood Highway at US.. 10,1 freeway southbound off= 46 ramp: 47 48 2: :Installation of an .interim straffic signal_ at Old Redwood 49 Highway /Petaluma Bou!l`evard `Worth at' US, 1 "01 freeway °:northboun'd 5:0' 51 on -off ramps. 5- The Petaluma .Facto Outlet Villa e Parcel A' ry g ( ) developer's fiscal es r :onsibili P 53 toward these interim traffic signal impr_. ovements s hall be; limited to the ident rfi d 54 1,6:2 %o proportionate fair share .of the public improvement costs. The remaining •" p nt costs shall be paid through the. -traffi c nufigation fees collected 83:"8% im roveme .2 from pro` is having "found to have a significant impact upon the need for these 3 public. improvements. 4 5 40. a The Petaluma Factory Outlet Village eshall contribute to the east /west 6 overpass /interchange and connectors project overall pproject costs. , The Petaluma 7 factory outlet viMLge .offered 1.2 mullion dollars. Method .and timing of payment 8 11 shall be agreed upon between the developer. of the Petaluma Factory Outlet Village 9 and City staff prior to issuance of the first development permit. 10 11 41. The developer of the Petal_uma:Factory Outlet Village shall prepare and implement 12 a project specific TSM, (Transportation Systems Management) program, prior to the '13 issuance of ' the first certificate of occupancy. Thee TSM program shall include . 14 evaluation, solutions rand means of implementation and monitoring .of measures 15 needed to address adequate mitigation of, the reduced 'bevel :of Service (LOS) and 16 � air quality at i ° d'entified (" as set f orih within the Final Environmental Impact Report 17 (FEIR) and determined b y the City Traffic Engineer) intersections. The TSM 18 program shall'be.subject to review and approval of City staff. 19 20 The Petaluma Factory Outlet Village ,developer shall contribute toward the costs of 21 a City -wide TSM feasibility study,, (estimated 19:91 cost of'. $20,000). Amount of 22 contribution shall be deternu`ned by the City Traffic Engineer based on % of trips 23 24 p day generated by project °vs. total" City -wide trips prior - to issuance of a development permit. Project specific TSM will stand independent of the City -wide study because' of uniquetuse,ofproject site. 27 42. Public access easements shall b'e provided from .Petal Boule vard North, across 2b the access bridge and extending. along the project circular, frontage road to provide 29 access to shared �property' 1`ines -with Sonoma County Water. Agency . land (Capri 30 Creek) and'ParcO C. Location, and specifics of easements shall be subject to City 31 p� shall be p to, the City prior to the issuance staff a Of of easements 32 of the first buildin construction p " 33 34 43. The following conditions of the City Traffic Engineer shall be incorporated into the 3 development of Parcel "A", the Petaluma Factory Outlet Village: 36 37 A. The Petaluma 'Factory Outlet Village developer shall employ active f ms or retaining walls as denseJandsca in bu f b low 38 9 ___ measures° such p' g . ers „ a s at desi nate concentrate pedestrian crossings of parking and. roadw; y g d 40 'locations. 42 " developer shall install an. all-way STOP B. The Petaluma Factory Outlet Village 43 at the 'intersection Hof the primary access road and the, westerly perrrneter 44 road. 45 46 C. The Petaluma Factory Outlet Village developer shall install an, all -way STOP 47 at the intersection of the westerly perimeter road and access streets serving 48 adj acent parcels. 49 p element active control D. The Petaluma factory outlet'village developer shall implement m llar.ds, alternative :pavement desi n and, g ing to easures, such �as bollards, P,. g 52 r hall maxunize pedestrian safety on the internal center street. Staffs review 53 the effectiveness of the implemented measures' within six months of the 54 completion of the Petaluma Factory Outlet Village with the authority to require: additional control ;measures to minimize vehicle activities, if •' necessary,. E. The Petaluma factory outlet village developer shall employ active- traffic control measures , on parking aisles which have long straight segments which exceed 400 feet in.length. . F: The Petaluma Factory Outlet 'Village entrance -at Petaluma, Boulevard shall be signalized. Then .proposed. intersection design- shall incorporate the following design elements: 1. Ve hi le counting and monitoring capacity. shall be 'incorporated into design of the traffic: signal at the project access onto. Petaluma Boulevard: North. The monitoring system. will be by . the Petaluma Factory" Outlet 'Village, and City staff to better manage traffic flow to and ,from the, Petaluma Factory, Village.Y `The .Petaluma Factory Outlet 'Village access intersection at, petalurria Boulevard .North shall include provisions :for. safe and adequate ingress and egress "to Oak Lane. fiinprovements included m design . and construction of intersection improvements shall 'be subject to review and approval'by.the' City, Traffic Engineer.: G. The fol!low,ing modifications to. Feta uma Boulevard North shall be incorporated into public improv hose of ement plans and construction for the first p devel`opment (Pe ! ma factory, outlet village), subject-to review: and • approval' of 'tyre appropriate reviewing agency (City and /,'or County): a.. The southbound to,, northbound U -turn Pane along Petaluma Boulevard North just .north of tlie' project access , shall be , eliminated, modified and /or relocated'. If eliminated, alternative improvements To provide for turning ..movement needs of large rgs shall be incorporated into the public improvements : undertaken by the Petaluma Factory Outlet Village, developer, subject to review and, approval .of City, Traffic. Engineer: b. I:ower foliage on the trees lining the, southbound lanes of Petaluma .Bou`levard North just, north of the project access shall be -selectively thinned subject,to direction. by a certified arborist selected by the City and d paid for�;l y the. developer of ,Parcel.,A., in order "to provide Clear S ig lines to southbound drivers to see the new signalized intersection. C. A.northbound to southbound U= turnlane on the Peialuma`B'oulevard North northbound, approach to the Outlet illage access shall. b V e; provided. 44. Police Department recommendations shall be incorporated into development,, improvements, including but.not linuted to: rY P p j O A. Provision of seconda access ont to.serve ro ect s . B. Location: of security area within the mall Inana ement office, on an outside g perimeter line of the, project to all extent possible, (P.etalurna Factory Outlet 3 Village). ,. 4. C. Inclusion ofilr <u cnrne' Prevention features into project (Petaluma ` Factory I locks.. Outlet Villag o such as. lighting, vandal resistant,f tures, b .). 7 8 45,, 9 All restaurants located on the, P roject site shall utilize )ro�cesses ,,that insure m licence to Bay istrict (BAAQIvID) Regulation co Area Air Quality Management 10 No: 10 and City pe rformance standards relative to odor emissions. 11 - 12 46. Project ;shall be designed to utilize solar exposure, to all extent possible and to I3 incorporate use of '.energy efficient building materials and energy- conserving to provide for," j � g p tural: ventilation, to all extent features. Protect shall be��desi ned 14' 15 possible. mm - -- ( ) { 16 47. The proposed "Petaluma Factory Outl'etVillage on"Parcel "A" shall`be- subject to site 18 Plan, 1 Review Committee. Particular desi n' review_ and. Arehrtectura g by the Site tsha1L`be placed on inclusion of the .following as part of the public review 19 emphasis �0 process: 21 ?� A. Design of a riverfront corridor and BMP plan to project and enhance the for enjoym ent also 23 24 natural habitat, ,. ortunity .public ,(see and provide opp :completed rare plant mitigation mea ncluded in�revrewthro essc On site�el survey shall be i p significant ,and /or mature the native oak ?� native vegetation an native .riparian vegetation; particularly 0 nand ver corridor habitat, shall be. I retamed to the greatest e�te.�t 27 2b and possible „incorporated into project desi 29 30 B. Preparation. of a coordinated design for:sig'nage and lighting.. 31 3�. . C. of outdoor storage and trash areas as well as Heating, Ventilation „ J3 _Screening and Air Conditig(. ) Y stems `orun HVAC s from. ublic views. P 34 35 D. Development'` ; of a recycling program byi °,the' applicant,.i and provision of 36' •recycling,„ collection facilit=ies in conveiu'ent, easily accessible location, to active. °tenant recycling pr,ogram..If local, .regional and /or state 37 3S promote an guidelines are, adopted which relate ,to' improved recycling, procedures, the in 39 Petaluma Factory Outlet °Village shall comply with all applicable measures 40 place at time of building permit issuance. - - 41 42 ` E. Emphasize: use of native and /or regionally 'indigenous species between buldrngs; in parking lots, along the river corridor and road "way system in 43' 44 order to develop a Visual buffer and /or' cohesive `connection as deemed 45 approp Ibetyi een properties a nd, crea`te;aestfietic qualities.. riate 47 a I, ro' F. Preservation of the -agricultural flavor of 'the r site zet aroug - phe ect's eight, character and design elements, to u _ pp g 48 49 architectural bulk and rnass of structures. 0 G. Provision of parking; as deemed appropriate by City staff upon evaluation of - demands. Use facilities in the area of 52` 53 il r se 1 parking, of interim parking the Phase, Phase 2 future development, as defined 'in th6 approved PCP Master Plan i 1 1 Program, • may b e .cons'id:ered Adequacy of parking shall be reviewed by staff 2 concurrently with .development' perrrut review. for Phase 2".. 3 4 H;. Design ;of project to utilize solrar exposure to ':assist heating and /or cooling of 5 buildings, to all extent ;possible and to incorporate use .of energy - efficient 6 building- materials, and energy ;consernng °features.: ' be. designed 7 to. provide for natural ventilation and. lighting, to all extent possible. 8' 9 48° Development of Parcels A, 'B .& C 'shal'1 include provision' of mutual .parkin ' and g" 10 circulation easements pnor. to issuance of development permits, s ity ubject to C staff 11 review . and approval, The developers, of th`e Petaluma Factory, Outlet Village 12. (Parcel A} shall agree: to act m .good faith in ptrsuing the: possibility' and 13 irnplementmg, the appro.pr-iate cross- access easements, to allow` shared `parking 14 _ 'fac , ies with :future development- within' the ;River Oaks Master` Plan ,area. 15 -- 16 49. It is the intent ' of the City of Petaluma that Parcel .A shall remain a factory outlet 17 center. To his end, leasable square `footage within the Petaluma Factory, Outlet. 1.8 Village- shall be occupied by, a ;minimum' Ij — factory outlet uses (exempting. fo'o`d 19 services and #loot square -footage ). For thei purpose of this'aindition, factory 20 outlet _uses shall be defined as 'a 'tenant which controls the: marketing, and 21 distribution of its own brand .name or label- and /or typically offers discount on 2? nationally khOWn products_ and /or , any other tenant* typically* * .found m outlet. 23 malls such as those- owned and ,operated' by the 'Petaluma Factory Outlet Village ?4 developer. Compliance tb the 70% minimum standard shall be assured through the 2 issuance of tenant improvement building permzts and /'or prior to the execution of a. 26 :' lease ,through review by the Community Development Department. ' 28 For this. condition, "'tenant" shall. mean the sarne'specfic. tenant, not type -of 29 -use or occupancy. 30 31 * * For this condition, "typically" shall mean commonly operating in a significant 32 number of outlet malls., 33 34 50. The developer of the Petaluma. ;Factory Outlet Village shall. .develop a 35 comprehensive plan -for' `the .establishment of an ,on= going working relationship with 36 the downtown retail area., The plan shall include,, but" ° not be ; limited to the, 3.7 implementation of the following. 38 39 A: Petaluma Factory Outlet, Village. shall become active members of the 40 Chamber of Commerce. 41 42 R. Petaluma Factory Outlet Village oshall encourage tenants to become. active 43 members of the Chamber of Commerce. 44 45 C. Petaluma, Factory Outlet `Village , shall participate in, special events involving. 46 the, downtown retail area. 47 48: D. National narketing.'and `local manager of the, Petaluma- Factory Outlet 49 Village shall participate: in local 'advertising Projects; the, including 50 development of a, Shopper's Guide in cooperation with downtown merchants, 51. at -least once a year., •. 52 53 E. Billboard °promotion utilized for the Petaluma Factory ;Outlet Village ;shall :. 54 include identification. of the, Historic Downtown area. 2 F. Petaluma Factory Outlet Village ,shall supply group customers with 3 information on, other local attractions.. 4 5 G`. Petaluma Factory Outlet Village shall work with the "Chamber of Commerce 6 for the instahation of a kiosk 'at the Petaluma Factory Outlet Village for the 7' distribution of'information pamphlets ,o Petaluma. ' 8 . 9 H. Petaluma Factory- Outlet Village shall offer a shuttle vehicle to the 10 downtown merchant`s' or other appropriate'' association. for the development 1.1 of a transit service to ink the Petaluma Factory Outlet Village to the -1.2 downtown retail ;area. 13' I. Commerce the O ssibil � f advertsin the -ore, with" the Chamber of et Village shall expl 16 retail area as`a ' o g u "tlet village and downtown destination. 17 18 19 Relative to future proposed development of Parcels "B and "C "c: 20 analys shall be cl op ak j � / "C" appropriate environmental 21 51. Prior to en in con unction with an" cation for modification of reels B and/or ental eve o ment :on. a y app'h an . 23 a PCD Development Plan and /pr Program and protect review: All costs associated proposed project.'. review shall be paid by th eveloper of the specific _4 with; further environmental , e d 2 ro osed 27 A. The required environmental analysis undertaken for Parcel "B" shall include, 2S but not be limited to, potential impacts and mi'ti'gation measures needed to 29 minimize, adverse impacts to Capri Creek, the Petaluma - River and other =0 natural physical features (riparian 'habitat, seasonal wetlands and /or 1 freshwater marsh). - Mitigation measures shall -include preparation of a 32 riparian :enhancement plan, including identification of creek setback based 3 on envirorinfental values . and hydrologic constraints: It is recognized that ,4 implementation Of mitigation' measures for 'ion "and enhancement of 3�- Capri Creek riparian habitat is dependent upon cooperation of the land 36 owner, Sonoma County Water Agency. 37 , 38 B. The required environmental analysis undertaken for Parcel " C" shall include, 39 .: _but _ to, ,potential,.:i'mPacts and mitigation :measures needed to 40 rrurunot'be limited mizel adverse impacts to existin9 . sea_ sonal Wetlands, freshwater, marsh 41 and, riparian habitats. Mitigation measures shall ;include preparation of a 42 riparian enhancement plan, including identification' of setbacks for protection 43 and preservation of the existing habitat. 44 45 C. A :rare plant lant surve Y has been undertaken b the owner /developer of Parcels Y B n and Cz con unction with the stud. undertaken for Parcel A which was 47 subject to review and approval by the City of Petaluma; prior' to. certification 48 of41ie Final Environmental Impact Report,in December''1990. 49 _ 50 D. Any development proposed for Parcels B & C shall b,e subject to the PCD S1� modification requirements .set forth in Article. T9 of the Petaluma Zoning O rdinance. rotec and Pafticu op significant ant featpresed on the need to :identify, 53 p g (rees, plants, water courses, 54 etc.) 1 2 3 4 6 8 9 10 1.1 12' 13 14 15 16 17 18 1.9 20 21 22 23 24 25 26 27 28 29 30 31 :32 33 34 35 36 37 38 39 40. . 41 4'2 43 44 45 46 47 48 49. 50 51 52 53 E. Specific, vicinity and area -,wide traffic. impacts ands :mitigations associated with proposed projects on.Parcels -B and C' shall be identified° concurrent with environmental analysis of a' specific pproject. Analysis of. project traffic -impacts for ro osed ro'ects on Pa_ reels B:. and C shall include evaluation of P P projects poternt al need t&'requit,& shared parking agreements with development on Parcel A ',and the potential need: of prior completion _of. the east /west overpass /interchange prior°toproject approval. 52: 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. 53. A Prelinianary Master- Plan shall. be= undertaken for the area including .Parcels B &. C and extending beyond those boundaries t include clude the undevel'op'e,d and underdeveloped areas south to Lynch 'Creek, west to Petaluma Boulevard' North nand' north to Corona Road: The proposed development of Parcel A for. the Petaluma. Factory Outlet Village sha1T be recognized as' a given within the. Preliminary Master Plan. Timing -for completion And funding., for the preparation, of the Preliminary, . Master;..Plan shall be at the direction of the -City Council. The Corn munity Director shall. provide to the City Council', withn,90 days of „ approval, of tlis , project,, a timeline .and planning. prggr:am for the commencement and: undertaking of said Master . Plaan. 54.. The following conditions of the City Tiaffic Engineer shall be incorporated into ;the future environmental review of Parcels B & C: A. A collector road connect ng:parcels A - and ,C with Corona Road. B. The collector;road together with.'a connection to Petaluma;Boul'evard, N,6rth and /or. 'the pro osed' eastJwest overpass /interchange. Traffic .sig -nal installation' ;and /or upgrades, but not limited to, at the 'following intersections: 1.; Petaluma Boulevard North at Stony Point- /Industrial Avenue. 2. Petaluma Boulevard 'North: at US 101 freeway southbound .on -off ramps; and either interim signal installation or long term overpass improvemerts. 3. Old Redwood Highway. ;at. US 1Q1 freeway northbound on -off ramps; and either interim signal installation or long-term overpass improvements. 4. Corona Road at "IndustriatAvenue. 5. Payran ' Street /Magnolia. Avenue /Petaluma Boulevard North. 6: Petaluma Boulevard North at Skillman Lane /Corona Road. • 1 2 ka 5 6 7 8 9 10 0 pe (s) of Parcels B and C shaIT contribute ' .a . proportionate, fair share e develo the east /west overpass nge and connector portion of / intercha lmprovernent costs, as deiernnin s project Overall ed by the City Council .as' part of the project environmental review process. ropcdres; rot Under- the' power "and "authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby 'certify the foregoing'Resolution was introduced and adopted by the Approved as to Council the City of Petaluma at: a (Re form gular)' (Adjourned), (Special) meeting �\ on the ..... Q ............ day of '......ma.X...,. _ .....• ... 19'.9.'1., by the i follo wing, vote. �--� ..•� .................... Y �. ' , Y g � Y : g City Attorney YES: Read, Davis, Wools,e, Sobe'1 Vice Mayor Cavana h. Ma,.or H 11i us 4P ES: Nelson ABSENT: 0 AT'T'EST: ................... .. .._.. - City'Clerk ....•. ..... . • ...... _ DEPUTY CITY I - Mayor „