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HomeMy WebLinkAboutResolution 94-295 11/07/1994 ReSOIUfI®Yl No. 94-295 N.~.S. of the City of Petaluma, California 1 2 A RESOLUTION ADOPTING A MITIGATION MONITORING PROGRAM FOR 3 TI-IE PETALUIVIA CINEMAS EXPANSION 4 (AP NO'S 007-411-020 AND 021) 5 6 WHEREAS, the California Environmental Quality Act provides that all local agencies 7 prepare or cause to be prepared, an Environmental Impact Report (EIR), for any project 8 intended to be carried out or approved, which may have a significant effect on the 9 environment and that said local agency shall certify the adequacy of the EIR; and, 10 11 WHEREAS, a Draft EIR was prepared for the project, published and then circulated for 12 public comments between October 7, 1993 and November 22, 1993; and, 13 14 WHEREAS, the Planning Commission held two public hearings on the Draft EIR on 15 October 26 and November 9, 1993, at which time public testimony and Commission 16 comments were received; and 17 18 WHEREAS, the Planning Commission considered the Response to Comments/Final EIR 19 at a public hearing on July 12, 1994 at which time they recommended that the City Council 20 certify the Final EIR; and 21 22 WHEREAS, the City Council of Petaluma certified the Final EIR for the Petaluma 23 Cinemas Expansion project as adequate on October 3, 1994 by Resolution No. 286 N.C.S. 24 25 NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council, in connection 26 with the certification, approval and adoption of the Final EIR on said project, hereby 27 makes the following findings pursuant to CEQA Guidelines, Section 15091: 28 29 A. Potential land use impacts were identified as follows: 1 Res. N~........9.!~.-2.9..5...... N.cs. 1 2 1. Construction of the project will result in the conversion of vacant 3 property to urban uses. 4 5 2. The project as proposed presents a poorly integrated site plan lacking 6 a sense of entry, a sense of visual and functional relatedness among 7 the buildings and a sense of place. S 9 3. The project as proposed does not lend itself to integrating with 10 development of parcels to the west and north of the site. 11 12 The identified impacts will be mitigated to a level of insignificance by the following 13 measures to be incorporated into the project: 14 15 Mitigations 16 17 1. The site plan shall be revised to foster a relationship among the 18 buildings, with the street frontage, and with the adjacent parcels to the 19 north and west. Revisions should be guided by the following design 20 criteria: 21 22 a. Group buildings more closely. 23 b. Align most project structures with McDowell Boulevard, 24 providing a 20 foot minimum setback. 25 c. Relocate parking spaces to the back (west and north sides) of 26 the site. 2 ~~S®a 9 4- 2 9 5 N C S 1 d. Create a walkway network among buildings and crossing the 2 parking lot that is bounded by street trees. 3 e. Align the primary walkways in a way that provides a clear 4 structure for the site plan and that can be readily extended into 5 future development to the north and west. Consideration 6 should be given to issues such as axial relationships between 7 buildings and view corridors. 8 f. Develop a landscape scheme that reinforces the relationship 9 between building pads and is responsible to surrounding 10 properties. 11 12 MONITORING 13 14 1. The site plan shall be revised pursuant to the above mitigation 15 measures and shall be reviewed and approved by the Planning 16 Commission prior to submittal to the Site Plan and Architectural 17 Review Committee. 18 19 B. Potential impacts to Traffic and Circulation were identified as follows: 20 21 1. Increased traffic delay due to new trip generation. 22 23 2. The project as proposed presents conflicts from driveway access 24 points to North McDowell Blvd. 25 26 3. The project as proposed may affect traffic volumes on the US101 27 freeway ramps and mainline. 3 9 4 ®2 9 5~ C S 1 2 4. The project as proposed will create additional traffic on N. McDowell 3 Blvd. 4 5 5. The project as proposed may create additional parking transit 6 demand. 7 8 6. The project as proposed will create safety impacts for pedestrian and 9 motorists. 10 11 The identified impacts will be mitigated to a level of insignificance by the following 12 measures to be incorporated into the project: 13 14 Mitigations 15 16 1. Aright-turn deceleration lane shall be provided on North McDowell 17 Boulevard southbound into the project site. 18 19 2. Emphasize Redwood Way as the primary access for the project and 20 Clegg and Terranomics properties. 21 22 3. Provide a landscaped island at least 10 feet wide, with a 5 foot 23 concrete sidewalk in it, that connects the two theater entrances and 24 other uses. 25 4 RES®. 9 4° 2 9 5~ C~ 1 4. Provide speed humps at strategic locations to reduce the speed of 2 vehicles. As a guideline, there should be no straight distance of more 3 than 200 feet without a speed hump. 4 5 5. The applicant shall record cross-over pedestrian and vehicular 6 easements in favor of AP No. 007-411-018 over the site. Said 7 easements shall be in a form and of a content acceptable to the 8 Planning Director and City Attorney and shall be recorded prior to 9 the occupancy of any new building(s). Said easements are in addition 10 to the Redwood Way extension and shall be located as directed by the 11 Planning Director so that safe, efficient and effective pedestrian and 12 vehicular circulation between the sites is achieved. 13 14 6. The Redwood Way extension alignment shall be shifted sufficiently to 15 permit a 10' wide landscape area paralleling the CALTRANS 16 easement. Alternatively, the applicant may negotiate with 17 CALTRANS to permit the establishment of a 10' wide planter on 18 CALTRANS property at this location. Said landscaping shall be 19 reflected on the Master Landscape Plan. 20 21 7. The applicant shall construct the Redwood Way extension in the 22 general alignment reflected on the preliminary development plan 23 providing access to AP No. 007-411-018. 24 25 8. A separated sidewalk and street trees shall be provided on the 26 Redwood Way extension. Said improvements shall be reflected on 27 the Master Landscape Plan. 5 RED®. 9 4- 2 9 5 N C S 1 2 9. An irrevocable offer of dedication of right-of-way for the Redwood 3 Way extension shall be provided to the City in a form and of a content 4 acceptable to the City Engineer and City Attorney. Said dedication 5 shall provide fora 58 foot right-of-way width for the first 180 feet 6 from McDowell Blvd. North and 48 feet of right-of-way for the 7 remainder of the length of the Redwood Way extension across the 8 Pacific Theatres property. The applicant shall be entitled to 9 reimbursement for the cost of right-of way and public improvements 10 for the Redwood Way extension pursuant to the following schedule. 11 The reimbursement amount shall be determined by the City Engineer 12 at the time of right-of-way dedication based upon an independent 13 appraisal of the property performed under the City's direction at the 14 applicant's expense, and based upon actual contract documentation 15 provided by the applicant for the public improvements. The two 16 parties benefitting from the construction of the Redwood Way 17 extension (Clegg, and SARM Enterprises/Terranomics) shall pay 18 their agreed reimbursement share (per the schedule) in full to the 19 City of Petaluma prior to the issuance of a Certificate of Occupancy 20 on the benefitted owner's property. The reimbursement amount for 21 the public improvements shall be adjusted annually to reflect the 22 Engineering News Record index. Upon receipt of the payment, the 23 City shall authorize payment to Pacific Theatres. 24 25 Reimbursement Schedule: 26 27 PARCEL # ACREAGE % OF TOTAL 28 29 007-411-020 16.35 53.4 30 007-411-021 6 g~- 2 9 5 N C S 1 (Pacific Theatres) 2 3 007-411-018 8.36 27.3 4 (Clegg) 5 6 007-411-007 5.91 19.3 7 007-411-009 8 007-411-011 9 007-411-019 10 (SARM/Terranomics) 11 30.62 100.0 12 13 10. Redwood Way through this project shall have a Traffic Index of 7.0 14 and a paved width of 48 feet for the first 180 feet from the McDowell 15 Blvd. North intersection. The design of the road extension shall 16 conform to standards for industrial roads in regard to its section, 17 turning radius, etc. The applicant shall construct a minimum paved 18 section of 36 feet with suitable design elements to accommodate large 19 truck prior to occupancy of the first building. 20 21 11. The project shall pay apro-rata fair share of the cost of interim 22 improvements at the US 101 Freeway/Old Redwood Highway 23 Interchange based upon the project's incremental increase in PM 24 peak hour traffic volumes. The development of this project will result 25 in a 13% increase in traffic volumes at the interchange. The interim 26 improvements are currently estimated at $1,239,000. The project's 27 proportionate fair share would be $161,070. 28 29 12. The project applicant shall designate 50 parking spaces on-site for use 30 by commuters between 5 AM and 6 PM on weekdays. The selection 31 of said spaces shall be reviewed by and approved by the City Traffic 32 Engineer. 33 7 RES®e94- 29 5NCS 1 13. The applicant shall offer for dedication to the City an easement of 20 2 feet in width for pedestrian access to the US 101 Freeway. This 3 easement shall allow pedestrian access from the 50 parking spaces to 4 the bus stop presently being installed with the improvement of 5 Redwood Way and McDowell Blvd. This easement. shall be in a form 6 acceptable to the California Department of Transportation. 7 8 14. Revised site plans shall be subject to review by the Engineering 9 Department for consistency with the findings and mitigation measures 10 as identified in the Final EIR for this project. Review shall include 11 but not be limited to, traffic, transportation and drainage issues. 12 13 15. This development shall be subject to contribute to the City's Traffic 14 Mitigation Fee. 15 16 16. Signalize the intersection of Redwood Way and North McDowell 17 Boulevard. This intersection already meets the Warrant 11 of the 18 CALTRANS Traffic Manual (Peak Hour Traffic Volumes). The 19 signal shall be synchronized with the Old Redwood Highway/North 20 McDowell Boulevard intersection. The mitigation would benefit 21 traffic exiting the project (especially exiting traffic turning left into 22 North McDowell Boulevard). The installation of the signal shall be 23 made prior to occupancy of any portion of the project. The cost of 24 signalization of the intersection of McDowell Boulevard North and 25 Redwood Way will need to be borne by the developers of this project. 26 The project developers may request a payback agreement with the 27 owners of the adjacent Clegg and Terranomics properties. Any 8 I~~s®. 9 4- 2 9 5 N C$ 1 payback agreement for the cost of the signal installation and access 2 roadway should be a prorated formula share formula based upon trip 3 generation. The actual share cannot be determined until the Clegg 4 and Terranomics site are developed. The cost of signalization is 5 currently estimated at $120,000. An extension of Redwood Way shall 6 be provided as a private road to provide access to the subject site, the 7 Terranomics property and the Clegg property. Said extension shall 8 have a paved width of 48 feet for the first 180 feet from the McDowell 9 Boulevard North intersection. The design of the road extension shall 10 conform to standards for industrial roads in regard to road section, 11 turning radii, etc. The applicant shall construct a minimum paved 12 section of 36 feet with appropriate radii and curb returns prior to 13 occupancy of the first building. 14 15 MONITORING 16 17 1. The applicant shall revise the site plan to reflect the requirements of 18 the mitigation measures prior to the approval of the revised site plan 19 by the Planning Commission. . 20 21 2. The applicant shall prepare and provide appropriate easement and/or 22 irrevocable offers of dedication documents as required by the 23 mitigation measures for acceptance by the City of Petaluma prior to 24 the issuance of a building permit and/or issuance of a certificate of 25 occupancy for new buildings as prescribed by the specific mitigation 26 measure. 27 9 ~E~®. 9 4- 2 9 5 N C S 1 3. The applicant shall prepare improvement plans for the extension of 2 Redwood Way as required by the mitigation measures for review and 3 approval by the Director of Engineering prior to the issuance of a 4 building permit. The applicant shall construct the road extension and 5 signalization pursuant to these plans prior to the occupancy of the first 6 new building. 7 8 4. The applicant shall pay their pro-rata fair share of the interim 9 improvements at the US 101 Freeway/Old Redwood Highway 10 Interchange and the Traffic Mitigation Fee prior to the occupancy of 11 the first building. 12 13 C. Potential impacts to Geology, Soils, and Seismicity were identified as follows: 14 15 1. The site is likely to be subject to strong ground shaking produced by 16 earthquakes, thereby possibly causing damage to structures. 17 18 2. The site consists of expansive soils which cause seasonal moisture 19 fluctuation to subgrade, thereby resulting in cracking and/or 20 structural problems if slabs/foundations are constructed on native 21 soils. 22 23 3. Corrosion of uncoated steel and concrete due to soil or other alluvial 24 material contact. 25 26 The identified impacts will be mitigated to a level of insignificance by the following 27 measures incorporated into the project: 10 RES®. 9 4° 2 9 5 C S 1 2 MITIGATIONS: 3 4 1. Asite-specific geotechnical investigation shall be conducted prior to final 5 design and City Building Department approval. Design measures shall 6 conform to the requirements of the 1991 Uniform Building Code, as well as 7 state and local ordinances. The seismic building code ordinances mandate 8 materials specifications, anchoring guidelines, utility construction techniques 9 and safety provisions. 10 11 2. Corrective measures such as over-excavating and replacing expansive fill 12 material with non-expansive material, directing water away from foundations, 13 and placing expansion joints in concrete pavements should be included in the 14 project design. Appropriate provisions in the most recent edition of the 15 Uniform Building Code (Titles 29 and 70) shall be .incorporated into the 16 project design. 17 18 3. The project's geotechnical engineer should submit a supplemental soils 19 report. Based on loading and soil strength tests, specific recommendations 20 on differential loading and settlement should be incorporated into footing 21 and foundation design. 22 23 4. To .prevent corrosion, standard construction practices and materials should 24 be used. These would include coated pipes, and concrete or other suitable 25 material designed to resist corrosively. 26 27 MONITORING 11 RED®.g4- 29 5NCS 1 2 1. The applicant shall prepare asite-specific geotechnical investigation prior to 3 the preparation of construction drawings. Construction drawings shall be 4 prepared consistent with the recommendations of the geotechnical 5 investigation and with the requirements of the 1991 Uniform Building Code 6 as well as applicable state and local. ordinances. Construction drawings shall 7 be reviewed for compliance with the above by the City of Petaluma Building 8 Division prior to the issuance of a building permit. 9 10 D. Potential impacts to I~ydrology were identified as follows: 11 12 1. Stormwater runoff increase due to development of the site, thereby 13 adversely affecting up and/or downstream properties. 14 15 2. Flooding of the project site. 16 17 3. Obstruction and backwater effect on overbank flows from Willow 18 Brook Creek. 19 20 4. Decrease in water quality of local runoff. 21 22 The identified impacts will be mitigated to a level of insignificance by the following 23 measures to be incorporated into the project: 24 25 MITIGATIONS 2b 12 RED®. ~ ~ y ~ N C ~ 1 1. The regulations mandated under Article 16 and Chapter 17.3 of the 2 City Municipal Code, if implemented, would mitigate the impact on 3 flood conveyance within the Petaluma River drainage system. Article 4 16 is designed to protect public safety, minimize property damage and 5 public expenditure; Chapter 17.3 gives the City the ability to raise 6 revenues to provide for flood control improvements through drainage 7 impact fees. 8 9 2. The applicant shall conduct an analysis of the revised site plan prior 10 to approval by the Planning Commission to verify that the site grading 11 and building plans will not cause a backwater or other adverse effect 12 to the private properties beyond the project property lines for the 13 estimated 100-year recurrence floodwaters. The U.S. Army Corps of 14 Engineers hydraulic model HEC-2 or an equivalent method shall be 15 used for the evaluation. Said hydraulic analysis shall be subject to 16 review and approval by the Director of Engineering and the Sonoma 17 County Water Agency (SCWA). 18 19 3. An analysis of the capacity of the restored Holm Road ditch 20 (including the Clegg property, AP No. 007-811-018) shall be 21 performed to determine that the 10-year frequency storm 22 reoccurrence will be contained within this facility and that adequate 23 capacity exists within the Holm Road ditch to accept additional runoff 24 from the project during the 10-year frequency storm. Said analysis 25 shall be subject to review and approval by the Director of Engineering 26 and the SCWA prior to the approval of the revised site plan by the 27 Planning Commission. The developer shall make necessary 13 RE~~o 9 4~ 2 9 5 N C~ 1 improvements to the Holm Road ditch to provide necessary hydraulic 2 capacity. 3 4 4. Construction provisions mandated in Article 16 that would mitigate 5 flood impacts include building anchors, the use of materials resistant 6 to flood damage, and the design and construction of building systems 7 to prevent flood waters. Appropriate plans shall be submitted to the 8 Chief Building Official. 9 10 5. The theater parking lot shall be posted with signs advising theater- 11 goers of the potential for inundation of the parking lot during major 12 flood events. 13 14 6. A Relocation Plan shall be developed by the proponent to include an 15 early warning device, monitored by the on-site security, to provide a 16 timely evacuation of persons and/or vehicles at time of inundation of 17 the parking area(s). The relocation plan shall be subject to review 18 and approval by City staff prior to issuance of the first Certificate of 19 Occupancy. An indemnification agreement, satisfactory to the City 20 Attorney, shall be executed prior to issuance of the first Certificate of 21 Occupancy to hold the City harmless in the event of damage or loss of 22 life occurs in spite of or due to failure of the Relocation Plan. 23 24 7. Until such time as the Petaluma River has been improved (the Army 25 Corps of Engineers' report), containment/improvement to the upper 26 channel reaches (Denman and Willow Brook) are not feasible as they 27 would cause adverse effects downstream. Therefore, all properties 14 R~~®.94 ®29 5NC~ 1 that contain the Willow Brook overflow path shall allow this flow to 2 pass through the sites in an unobstructed manner. 3 4 The site, as presently proposed, places buildings in the direct flow 5 path. Therefore, development of the site shall be redesigned, in 6 conformance with local City standards and applicable FEMA 7 constraints, to eliminate this direct conflict. 8 9 The applicant shall conduct an analysis of the revised site plan prior 10 to approval of the revised site plan by the Planning Commission to 11 verify that the site grading and building plans will not cause a 12 backwater effect to the private properties beyond the project property 13 lines for the estimated 100-year recurrent floodwater. The U.S. Army 14 Corps of Engineers' hydraulic model HEC-2 or an equivalent method 15 shall be used for the evaluation. Said hydraulic analysis shall be 16 subject to review and approval by the Director of Engineering and the 17 Sonoma County Water Agency (SCWA). 18 19 8. This development shall contribute, prior to issuance of building 20 permit or Certificate of Occupancy, a proportionate share of the cost 21 of the City Project No. 9855 for the Holm Road ditch Channel 22 Restoration. This ratio shall be based upon the revised project's ratio 23 of runoff from on-site to runoff from the watershed. (Estimated cost: 24 total City project $225,000; site runoff increase [10 year] is 5.1 cfs; 25 basin Q [flow at end of Holm Road at old pump station in drainage 26 channel] is 116 cfs. Percent flow increase into basin from theater site 27 4.4%. Contribution approximately $9,900). 1s o 29 5NC DES®o 9 4 1 2 9. The project storm drainage plan may provide for on-site detention of 3 stormwater to assure no increase in on-site generated runoff from the 4 site for the 100-year design storm net including overflows from Willow 5 Brook. It is estimated that between 0.5-0.7 acre feet of detention 6 volume would be needed. The parking lots may be used for part of 7 the detention system. S 9 10. The project shall incorporate the following measures to mitigate water 10 quality impacts caused by runoff: 11 12 a. File an application for the necessary NPDES stormwater 13 discharge permit that applies to the grading of five or more 14 acres of land and implement a Storm Water Pollution 15 Prevention Plan (SWPPP); 16 b. Maintain existing vegetated channels, like the Holm Road 17 ditch, as part of the project site drainage system to the 18 maximum extent possible; 19 c. Incorporate features like grease and silt traps, and trash racks 20 to control street litter in the drainage system. 21 d. Private streets and parking lots within the site shall be cleaned 22 and swept weekly to minimize the amount of contaminated 23 runoff. Materials and/or debris collected by cleaning activities 24 shall be disposed of properly to City staff approval. 25 Stormwater detention facilities shall be designed to allow 26 settling of stormwater sediments. Collection and removal of 27 sediments from on-site detention facilities shall be undertaken 16 ~®8 2 9 5 N C 1 by the developer as deemed necessary by City staff to insure 2 ongoing function of sediment collection system as long as the 3 collection system is in use for the proposed or any future land 4 use on this parcel. A program shall be prepared by developer 5 to set forth cleaning and sediment collection process and 6 schedule for removal of possible contaminants, subject to 7 review and approval of City staff prior to issuance of 8 development permits. Said program shall identify cleaning 9 schedule (including peak cleaning demand periods prior to 10 commencement of fall rains) and detail of cleaning methods to 11 be utilized for removal of hydrocarbon pollutants and other 12 debris from the driving/parking surfaces of the site. Sediments 13 and other material collected from the stormwater detention 14 facilities and from cleaning activities will be disposed of at 15 appropriate waste receiving facilities. 16 e. Appropriate selections of construction and post-construction 17 best management practices (BMP's) presented in the 18 California Storm Water Construction Activity (BMP 19 Handbook) should be applied as mitigation measures. 20 21 11. The project sponsor shall comply with all City Ordinances and policies 22 regarding development in Floodplain Combining Zone districts, 23 including requirements that the finished floor elevations be 24 inches 24 above base flood level as well as other regulations contained in 25 Zoning Ordinance Article 16 and Municipal Code Chapter 17.30 26 "Storm Drainage Impact Fees." 27 17 9 4- 2 9 5 N C S 1 12. The applicant shall submit certification stamped by a Registered 2 Professional Engineer or Registered Land Surveyor (elevations only) 3 that the lowest floor is at least twenty four (24) inches above the base 4 flood elevation (BFE) or that the structure is flood-proofed. 5 Certification shall be on a form prescribed by the Chief Building 6 Official and shall be submitted to the Building Division prior to the 7 issuance of a Certificate of Occupancy. 8 9 13. All grading and erosion control shall conform to the City's Erosion 10 Control Ordinance 15.76. 11 12 14. This development shall comply with all recommendations as stated in 13 the soils report for this project. 14 15 15. The developer shall comply with the Petaluma Municipal Code 16 Section 10.36.010 and 20.36.020 which require the developer to pay 17 storm drainage impact fees (as calculated in Chapter 17.30) on 18 construction in all sections of the City of Petaluma. 19 20 16. The project grading plan shall include an approved drainage and 21 erosion control plan. 22 23 17. Following construction, all drainage culverts shall be inspected for 24 sediment. Where sediment has accumulated, these drainage 25 structures shall be cleared of all debris and sediment. 26 18 ~~~®.g4-295~~~ 1 18. Enhance and increase the proposed landscaping on the project site to 2 further reduce soil erosion. 3 4 MONITORING 5 6 1. The applicant shall revise the site plan to eliminate the potential 7 backwater or other adverse effects to private property beyond the 8 project boundaries prior to the approval of the revised site plan by the 9 Planning Commission. The applicant shall prepare a hydraulic model 10 (U.S. Army Corps of Engineers model HEC-2 or an equivalent 11 method) for the revised site plan for review and approval by the 12 Director of Engineering and the Sonoma County Water Agency prior 13 to the approval of the revised site plan by the Planning Commission. 14 15 2. The applicant shall prepare construction drawings consistent with the 16 requirements of the Petaluma Municipal Code and the Zoning 17 Ordinance regarding construction within the flood plain. The 18 Building Division shall review the construction drawings to Insure 19 compliance with the provisions of these regulations prior to the 20 issuance of a building permit. The applicant shall submit an elevation 21 certificate prepared by a Registered Professional Engineer to the 22 Building Division certifying that the lowest floor is at least 24 inches 23 above the base flood elevation prior to the issuance of a certificate of 24 occupancy for any building. 25 26 3. The applicant shall prepare a Relocation Plan as required by the 27 mitigation measures for review and approval by City Staff prior to the 19 ~~~®a ~ 4 ®2 9 5 N C S 1 issuance of a certificate of occupancy. The applicant shall prepare an 2 indemnification agreement to the satisfaction of the City Attorney 3 pursuant to the mitigation measures prior to the issuance of a 4 certificate of occupancy. 5 6 4. The applicant shall design signs for review and approval by City Staff 7 advising patrons of the potential for inundation of the parking lot. The 8 revised site plan shall reflect the location of these signs. Said signs 9 shall be installed prior to the issuance of a certificate of occupancy. 10 11 5. Site improvement drawings shall incorporate appropriate erosion 12 control measures as required by the mitigation measures. Said plans 13 shall be reviewed and approved by the Director of Engineering prior 14 to the issuance of a building permit. The applicant shall ensure that 15 all aspects of the erosion control plan are in place and complied with 16 throughout the construction period. 17 18 6. The applicant shall file the necessary NPDES stormwater discharge 19 permit with the Regional Water Quality Control Board prior to the 20 issuance of a building permit and shall implement a Storm Water 21 Pollution Prevention Plan during all construction periods. 22 23 7. The applicant shall incorporate features outlined in the mitigation 24 measures in the site improvement drawings to control street litter 25 from entering the drainage system subject to the review and approval 26 by City Staff prior to the issuance of a building permit. 27 20 Res®. ~ ~ - 2 9 5 N C- 1 8. The applicant shall prepare and submit a program. regarding private 2 street and parking lot sweeping and sediment/debris collection and 3 removal as required by the mitigation measures for review and 4 approval by City Staff prior to the issuance of a building permit. 5 6 9. The applicant shall prepare a management booklet of appropriate 7 best management practices to regulate construction and post- 8 construction activities. Said booklet shall be submitted for review and 9 approval by City Staff prior to the issuance of a building permit. 10 11 10. The applicant shall pay appropriate Storm Drainage Impact Fees 12 prior to the issuance of a certificate of occupancy. The applicant shall 13 also contribute a proportionate share of the cost of the City Project 14 No. 9855 for the Holm Road Ditch Channel Restoration prior to the 15 issuance of a certificate of occupancy. 16 17 11. The applicant shall inspect culverts which serve the project following 18 construction and shall remove all accumulated sediment prior to the 19 issuance of a certificate of occupancy. 20 21 E. Potential impacts to Biotic Resources were identified as follows: 22 23 1. Loss of rederal and riparian habitat. 24 25 The identified impact will be mitigated to a level of insignificance by the following 26 measure: 27 21 R~~®. 9 4 ®2 9 5 N~~ 1 MITIGATIONS 2 3 1. Appropriate permits/clearances shall be obtained by the applicant 4 from the Army Corps of Engineers and/or California Department of 5 Fish and Game prior to the commencement of site work. 6 7 MONITORING 8 9 1. The applicant shall obtain all necessary permits and/or clearances for 10 the Army Corps of Engineers and the California Department. of Fish 11 and Game prior to the issuance of building permits. 12 13 F. Potential impacts to Aesthetic/Visual Resources were identified as follows: 14 15 1. Obstruction of distance views from Highway 101. 16 17 2. Obstruction of views of adjacent commercial sites. 18 19 3. Poorly integrated site plan. 20 21 The identified impacts will be mitigated to a level of insignificance by the following 22 measures to be incorporated into the project: 23 24 MITIGATIONS 25 26 1. Minimize the contrast between the proposed project and its backdrop 27 by: 22 ~®,94-29 5NC~ 1 2 a. planting vines on the west and north walls of buildings; and/or 3 b. revising the site plan to incorporate planting areas for the 4 planting of large canopy trees; and/or 5 c. using exterior building .materials that are responsible to the 6 natural backdrop; and/or 7 d. Revising the building design to provide more articulation, 8 fenestration and variety of form and texture. 9 10 2. Plant street trees along the northern and western perimeters of the 11 site. 12 13 3. 'The site plan shall be revised to encourage a greater sense of 14 relationship among the buildings and with the street frontage. The 15 revised site plan shall strengthen pedestrian circulation and the sense 16 of identity of the proposed commercial development. 17 18 The revised site plan shall cluster buildings to create a more attractive 19 pedestrian oriented village-like approach. The revised site plan shall 20 be presented to the Planning Commission for review prior to 21 consideration by the Site .Plan and Architectural Review Committee 22 (SPARC). 23 24 4. A minimum landscaped setback of 20' shall be provided from 25 McDowell Blvd. North and the Redwood Way extension to all 26 buildings and parking areas. 27 23 ~~~,94 ®29 5NCS 1 5. Principal entryways to the project from McDowell Blvd. North and 2 the Redwood Way extension shall reflect the design of the existing 3 main entry way from McDowell Blvd. North and shall include a raised 4 landscaped median and special paving treatment. 5 6 6. 'The applicant shall prepare Design Guidelines and regulations typical 7 of recently approved Planned Unit Development projects. Said 8 guidelines and regulations shall be reviewed and approved by the 9 Planning Director and SPARC prior to the issuance of a building 10 permit and shall address the following: 11 12 a. The Design Guidelines shall emphasize and require the 13 provision of pedestrian features in the elements of this 14 development including but not limited to: a village-like, 15 clustered design approach; outdoor seating and dining areas; 16 generous protected and separated pedestrian pathways linking 17 buildings and crossing parking areas; convenient and ample 18 facilities for storing/securing bicycles; adequate safe 19 illumination of parking areas; and effective landscaping to 20 create well shaded and visually inviting spaces. 21 b. The Design Guidelines shall establish, in addition to typical 22 development standards consistent with the mitigation measures 23 of the EIR, general architectural design style criteria in order 24 to ensure compatibility among the buildings on the site. No 2$ "franchise designs" shall be permitted. 26 c. The Design. Guidelines shall include provisions to screen 27 objectionable views or elements of proposed buldings including 24 R~~®~ 9 4° 2 9 5 N C S 1 receiveing areas, mechanical equipment, transformers, 2 shopping cart storage, drive-thru lanes, etc. 3 4 MONITORING 5 6 1. The applicant shall revise the site plan to reflect the direction 7 of the mitigation measures. Said revised site plan shall be 8 submitted for review and approval by the Planning 9 Commission prior to consideration by the Site Plan and 10 Architectural Review Committee. 11 12 2. The applicant shall prepare Design Guidelines pursuant to the 13 mitigation measures for review and approval by the Site Plan 14 and Architectural Review Committee prior to the issuance of a 15 building permit. 16 17 G. Potential Noise impacts were identified as follows: 18 19 1. Generation of noise during construction periods. 20 21 The identified.. impact will be mitigated to a level of insignificance by the 22 following measures to be incorporated into the project: 23 24 MITIGATIONS 25 26 1. Enforce Program 23 of the Petaluma General Plan (Section 11.9 27 Noise). 25 ~~s®. 9 4 ®2 9 5 N~~ 1 2 2. Restrict construction hours to the hours of 7 AM to 7 PM, and require 3 that suitable sound enclosures be used on construction equipment. 4 5 3. Require the use of mufflers and muffler maintenance on construction 6 vehicles. 7 8 4. Construction activities shall comply with applicable Zoning Ordinance 9 and Municipal Code Performance Standards (noise, dust, odor, etc.). 10 At no time shall future business activities exceed Performance 11 Standards specified in the Uniform Building Code, Section 22-301 of 12 the Petaluma Zoning Ordinance, and the 1987 General Plan. 13 14 MONITORING 15 16 1. The applicant shall comply with the above mitigation measures during 17 construction phases. The Building Division and Planning Department 18 shall monitor compliance with these provisions. 19 20 H. Potential impacts to Air Quality were identified as follows: 21 22 1. Increased traffic emissions from additional traffic generated from the 23 developed project site. 24 25 2. Increase of dust particles during construction phases. 26 26 R~®.g~°295~~5 1 The identified impacts will be mitigated to a level of insignificance by the following 2 measures to be incorporated into the project: 3 4 MITIGATIONS 5 6 1. Dust emissions related to construction can be reduced approximately 7 50% by watering exposed earth surfaces at least twice per day during 8 excavation, grading and construction activities. 9 10 2. During all excavation activities, haul trucks shall use tarpaulins or 11 other effective covers. 12 13 3. Conditions of approval and construction contracts shall require daily 14 clean-up of mud and dust carried onto streets by construction vehicles. 15 16 4. Upon completion of construction, contractors shall take measures to 17 .reduce wind erosion through immediate replanting and repaving. 18 19 5. The applicant shall designate 50 parking spaces on-site for use by 20 commuters between SAM and 6PM on weekdays. The selection of 21 said spaces .shall be reviewed and approved by the City Traffic 22 Engineer. 23 24 6. The site plan shall be revised to create a more pedestrian oriented 25 arrangement of buildings. 26 27 ~E~®. 9 4- 2 9 5 C~ 1 7. Coordinate with local transit agencies to ensure that development is 2 phased in with corresponding extensions and expansions of bus 3 service. 4 5 8. Require existing and future developers and commercial tenants to 6 conform with the City of Petaluma Trip Reduction Ordinance. 7 8 9. Require future developers and commercial tenants to provide bus 9 turnouts an bicycle/pedestrian facilities. The City bicycle lane system 10 should be expanded. 11 12 10. Consider reservation of a portion of the Petaluma cinemas parking lot 13 for apark-and-ride location. 14 15 MONITORING 16 17 1. The applicant shall insure that mitigation measures regarding 18 construction dust generation are implemented. 19 20 2. The applicant shall insure that construction contracts require daily 21 clean-up of mud and dust carried onto streets by construction vehicles. 22 23 3. The applicant shall revise the site plan as required by the mitigation 24 measures in order to provide 50 on-site parking spaces for commuters 25 and to provide a more pedestrian oriented arrangement of buildings. 26 28 RES®e 9~- 2 9 5 N C 1 4. The applicant shall conform to the applicable provisions of the City of 2 Petaluma Trip Reduction Ordinance. 3 4 I. Potential impacts to Public Services were identified as follows: 5 6 1. Project as proposed generates need for police services. 7 8 2. Project as proposed generates need for fire services. 9 10 3. Project as proposed creates impact to water and sewer facilities. 11 12 The identified impacts will be mitigated to a level of insignificance by the following 13 measures to be incorporated into the project: 14 15 MITIGATIONS 16 17 1. Require on-site security guards and appropriate safety measures such 18 as building and parking lot lighting, alarm systems and/or 19 surveillance. 20 21 2. Require the installation of fire sprinkler systems in all newly 22 constructed buildings. 23 24 3. The applicant shall ensure that the project site is patrolled by two 25 privately contracted security guards on weekend nights (Friday, 26 Saturday and Sunday) between 6 PM and 2 AM following the opening 29 ~~s®.9~®295N~ 1 of the new movie theater. Other recommended security measures 2 include lighting, an alarm system, and video camera surveillance. 3 4 4. The City will review the connection fees charged to new developments 5 periodically and monthly service rates annually and adjust them 6 accordingly as may be necessary in order to ensure that adequate 7 water and sewer infrastructure is available to serve General Plan 8 buildout. 9 10 5. The payment of the Community Facilities Impact Fee for each 11 building of the expansion project. 12 13 MONITORING 14 15 1. The applicant shall prepare a security plan for review and approval by 16 the Chief of Police prior to the issuance of a building permit. Said 17 plan shall address the safety measures identified in the mitigation 18 measures. 19 20 2. The construction drawings for the project shall include fire sprinkler 21 plans subject to the review and approval of the Fire Marshal. Fire 22 sprinklers shall be installed and operational prior to the issuance of a 23 certificate of occupancy. 24 25 3. The applicant shall pay appropriate Community Facilities Impact 26 Fees prior to the issuance of a certificate of occupancy. 27 30 ~~s®. ~ - 2 9 5 N C S 1 BE IT FURTHER RESOLVED that implementation of the specific findings of mitigation 2 contained herein shall be accomplished through the conditional approval of the PCD 3 Planned Community Program for the Petaluma Cinemas Expansion project and hereby 4 incorporates, by reference, the Resolution setting forth said conditional approval. 5 cinmonn/jm6 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 of the City of Petaluma at a (Regular) f}~g~g~~ meeting fO~ on the ....7111..-•--•-•--.... day of .............I~3puemh>~r_...................-..., 19..134, by the following vote: City Att , ney AYES: Parkerson, Read, Hamilton, Barlas, Shea, Mayor Hilligoss NOES: None ABSENT: Vice ayor S ~J ~'g ATTEST: . F~i~i~~'f.........-............... - . ..1T..Y.~.. City Jerk I 31 Mayor Council Filepp .........q....p...................... CA 10-85 Res. No........~!4.-.4.J.~...... N.C.S.