HomeMy WebLinkAboutResolution 94-304 11/21/1994
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~~SOlutl®n N®. 94-304 N C.S.
r~ of the City of Petaluma, California
1
2 A RESOLUTION APPROVING THE PI.A.NNED COMMUNITY PROGRAM
3 I?OR THE PETAI.UMA CINEMA EXPANSION PROJECT
4 ON A 16.35 ACRE SITE AT 1363 MCDOWEI.L BLVD NORTH
5 (APN 007-411-020 AND 021)
6
7 WHEREAS, the project has been rezoned to the Planned Community District by
8 Ordinance No. 1971 N.C.S.; and,
9
10 WHEREAS, by action taken on August 9, 1994, the Planning Commission considered and
11 forwarded a recommendation to the City Council to conditionally approve a Planned
12 Community Program for the Petaluma Cinemas Expansion project; and,
13
14 WHEREAS, the City Council has found that the requirements of the California
15 Environmental Quality Act have been satisfied through the preparation and certification of
16 an Environmental Impact Report for the project (certified, approved and adopted by
17 Resolution No. 94-286 N.C.S.); and through the adoption of a Resolution adopting specific
18 findings regarding significant environmental impacts and adopting mitigation measures
19 (Resolution No. 94-287).
20
21 NOW, THEREFORE, BE IT RESOLVED that the City Council hereby conditionally
22 approves the Planned Community Program as shown on the Development .Plan contained
23 in the EIR and on file with the City of Petaluma Planning Department, pursuant to Section
24 19-704 of the Zoning Ordinance 1072 N.C.S, as amended based on the following findings
25 and subject to the following conditions:
26
27 Findings for the Rezoning:
28
29 1. -That the proposed Petaluma Cinemas expansion is in compliance with the goals and
30 objectives of the General Plan and is in substantial harmony with the General Plan
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1 of the City of Petaluma, and is or can be coordinated with existing and planned
2 development of the surrounding areas.
3
4 2. That the streets and thoroughfares proposed (McDowell Blvd. North, the extension
5 of Redwood Way, and surrounding public roads), through conditions of approval,
6 are or will be suitable and adequate to serve the proposed uses and the anticipated
7 traffic which will be generated thereby.
8
9 3. That the ..facts submitted with the PCD application and presented through the
10 preparation of an Environmental Impact Report and during public hearing establish
11 that:
12
13 a. Development of the PCD will be initiated within a reasonable period of time
14 for the planned first stage of development, being the new Petaluma Cinema
15 building as reflected on the Planned Community Program required by
16 Section 19-302 of the Zoning Ordinance. The development of each building
17 or site, as designated by the Planned Community Program, shall be consistent
18 with said program and shall occur in accordance with Finding 5 below.
19 b. Development of the PCD will be appropriate in area, location and overall
20 planning to the purpose intended; and such development will be in harmony
21 with the character of the surrounding areas, through implementation of
22 mitigation measures set forth in the certified Environmental Impact Report
23 and conformance with the conditions of approval for the Planned
24 Community Program, as set forth below:
25
26 4. That the public necessity, convenience and general welfare clearly permit the
27 adoption of the proposed zoning amendments.
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2 5. That the Planned Community Program, as required by Section 19-302 of the
3 Petaluma Zoning Ordinance shall consist of the Petaluma Cinemas Expansion
4 Development Plan as approved by the City of Petaluma, subject to specific project
5 review (Conditional Use Permit and Site Plan and Architectural Review) prior to
6 the development of each building or pad as reflected on the Planned Community
7 Program.
8
9 6. That all requirements of the California Environmental Quality Act have been
10 adhered to through the preparation and certification of a Final Environmental
11 Impact Report which identified impacts and proposed mitigations to avoid or
12 reduce impacts to a level of insignificance.
13
14 7. That the proposed Petaluma Cinemas expansion will provide jobs for Petaluma
15 workers and tax revenues for the City by expanding and maintaining diversity in
16 Petaluma's economic base and focussing development efforts on clean, non-
17 polluting industry.
18
19 8. That the proposed Petaluma Cinemas expansion will enhance the City's tax
20 revenues by strengthening Petaluma retailing to serve the needs of local residents
21 and encouraging shoppers from outside the community.
22
23 Planned CommunitXDistrict Conditions:
24
25 1. The plans prepared by GHJ, Architects, on file with the Planning Department,
26 evaluated in the Environmental Impact Report, and presenting 69,611 sq. ft. of new
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1 commercial building space, shall constitute the Development Plan of the Planned
2 Community Program.
3
4 2. All mitigation measures of the Environmental Impact Report (EIR) shall be
5 considered to be conditions of the Planned Community Program.
6
7 3. The site plan shall be revised pursuant to the mitigation measures of the EIR and
8 presented to the Planning Commission prior to consideration by the Site Plan and
9 Architectural Review Committee (SPARC) for the Commission's review,
10 evaluation, and confirmation of compliance with the .mitigation measures and the
11 Commission's intent. The revised site plan approved by the Planning Commission
12 shall supersede the proposed site plan and shall constitute the revised Development
13 .Plan.
14
15 4. The applicant shall prepare Design Guidelines and regulations .typical of recently
16 approved Planned Unit Development projects. Said guidelines and regulations shall
17 be reviewed and approved by the Planning Director and SPARC prior to the
18 issuance of a building permit and shall address the following:
19
20 a. The Design Guidelines shall emphasize and require the provision of
21 pedestrian features in the elements of this development including but not
22 limited to: a village-like, clustered design approach; outdoor seating and
23 dining areas; generous protected and .separated pedestrian pathways linking
24 buildings and crossing parking areas; convenient and ample facilities for
25 storing/securing bicycles; adequate safe illumination of parking areas; and
26 effective landscaping to create well shaded and visually inviting spaces.
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1 b. The Design Guidelines shall establish, in addition to typical development
2 standards consistent with the mitigation measures of the EIR, general
3 architectural design style criteria in order to ensure compatibility among the
4 buildings on the site. No "franchise designs" shall be permitted.
5 c. The Design Guidelines shall include provisions to screen objectionable views
6 or elements of proposed buildings including receiving areas, mechanical
7 equipment, transformers, shopping cart storage, drive-thru lanes, etc.
8
9 5. A Master Landscape Plan shall be developed for the site. Said plan shall place an
10 emphasis on an abundance of large canopy variety trees within the parking lot areas
11 in order to provide shading. Tree planting islands shall be established at a typical
12 minimum frequency of one island for each five parking spaces. Dimensions, design
13 and alternatives shall be subject to approval by SPARC in conjunction with review
14 and approval of the Master Landscape Plan. The Master Landscape Plan shall also
15 address location and design of furniture, drinking fountains, lighting, trash
16 enclosures and receptacles, etc.
17
18 6. A minimum landscaped setback of 20' shall be provided from McDowell Blvd.
19 North and the Redwood Way extension to all buildings and parking areas.
20
21 7. Principal entryways to the project from McDowell Blvd. North and the Redwood
22 Way extension shall reflect the design of the existing main entry way from
23 McDowell Blvd. North and shall include a raised landscaped median and special
24 paving treatment.
25
26 8. Proposed uses shall be restricted by the availability of sufficient parking facilities.
27 The Planning Director may at her discretion require an independent assessment,
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1 funded by the applicant, to evaluate the adequacy of available parking depending on
2 the use(s) proposed.
3
4 9. The applicant shall record cross-over pedestrian and vehicular easements in favor of
5 AP No. 007-411-018 over the site. Said easements shall be in a form and of a
6 content acceptable to the Planning Director and City Attorney and shall be
7 recorded prior to the occupancy of any new building(s). Said easements are in
8 addition to the Redwood Way extension and shall be located as directed by the
9 Planning Director so that safe, efficient and effective pedestrian and vehicular
10 circulation between the sites is achieved.
11
12 10. The Redwood Way extension alignment shall be shifted sufficiently to permit a 10'
13 wide landscape area paralleling the CALTRANS easement. Alternatively, the
14 applicant may negotiate with CALTRANS to permit the establishment of a 10' wide
15 planter on CALTRANS property at this location. Said landscaping shall be
16 reflected on the Master Landscape Plan.
17
18 11. The applicant shall construct the Redwood Way extension in the general alignment
19 reflected on the preliminary development plan. providing access to AP No. 007-411-
20 018.
21
22 12. A separated sidewalk and street trees shall be provided on the Redwood Way
23 extension. Said improvements shall be reflected on the Master Landscape Plan.
24
25 13. An irrevocable offer of dedication of right-of-way for the Redwood Way extension
26 shall be provided to the City in a form and of a content acceptable to the City
27 Engineer and City Attorney. Said dedication shall provide fora 58 foot right-of-way
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1 width for the first 180 feet from McDowell Blvd. North and 48 feet of right-of-way
2 for the remainder of the length of the Redwood Way extension across the Pacific
3 Theatres property. The applicant shall be entitled to reimbursement for the cost of
4 right-of way and public improvements for the Redwood Way extension pursuant~to
5 the following schedule. The reimbursement amount shall be determined by the City
6 Engineer at the time of right-of-way dedication based upon an independent
7 appraisal of the property performed under the City's direction at the applicant's
8 expense, and based upon actual contract documentation provided by the applicant
9 for the public improvements. The two parties benefitting from the construction of
10 the Redwood Way extension (Clegg, and SARM Enterprises/Terranomics) shall
11 pay their agreed reimbursement share (per the schedule) in full to the City of
12 Petaluma prior to the issuance of a Certificate of Occupancy on the benefitted
13 owner's property. The reimbursement amount for the public. improvements shall be
14 adjusted annually to reflect the Engineering News Record index. Upon receipt of
15 the payment, the City shall authorize payment to Pacific Theatres.
16
17 Reimbursement Schedule:
18
19 PARCEL # ACREAGE % OF TOTAL
20
21 007-411-020 16.35 53.4
22 007-411-021
23 (Pacific Theatres)
24
25 007-411-018 8.36 27.3
26 (Clegg)
27
28 007-411-007 5.91 19.3
29 007-411-009
30 007-411-011
31 007-411-019
32 (SARM/Terranomics)
33 30.62 100.0
34
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1 14. A comprehensive signage program shall be developed for the project. Said program
2 shall be submitted for review and approval by SPARC prior to the issuance of
3 building permits. Any freestanding signs shall be of a low monument design.
4
5 15. The development of each building and all uses shall be subject to the approval of a
6 Conditional Use Permit pursuant to Section 26-500 of the Zoning Ordinance unless
7 amended to the PCD specification is approved to permit an alternate process.
8
9 16. The project sponsor shall comply with all City Ordinances and policies regarding
10 development in Floodplain Combining Zone districts, including requirements that
11 the finished floor elevations be 24 inches above base flood level as well as other
12 regulations contained in Zoning Ordinance Article 16 and Municipal Code Chapter
13 17.30 "Storm Drainage Impact Fees."
14
15 17. The applicant shall submit certification stamped by a Registered Professional
16 Engineer or Registered Land Surveyor (elevations only) that the lowest floor is at
17 least twenty four (24) inches above the base floor elevation (BFE) or that the
18 structure is flood-proofed. Certification shall be on a form prescribed by the Chief
19 Building Official and. shall be submitted to the Building Division prior to the
20 issuance of a Certificate of Occupancy.
21
22 18. Construction activities shall comply with applicable Zoning Ordinance and
23 Municipal Code Performance Standards (noise, dust, odor, etc.). At no time shall
24 future business activities exceed Performance Standards specified in the Uniform
25 Building Code, Section 22-301 of the Petaluma Zoning Ordinance, and the 1987
26 General Plan.
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1 19. This project shall be subject to imposition of all applicable special development
2 fees, including water and sewer connection fees, community facilities development
3 fees, storm drainage impact fees, and traffic mitigation fees. Fees shall be
4 calculated and payable as specified by City Resolution.
5
6 20. A street tree planting strip shall be provided on the McDowell Blvd. North frontage.
7 As an alternative, street trees in holes provided behind the curb shall be provided
8 along the frontage of the property. Placement, spacing, species selection and
9 planting details subject to City staff approval.
10
11 21. The following requirements of the City Engineer shall be met:
12
13 a. The applicant shall conduct an analysis of the revised site plan prior to
14 approval by the Planning Commission to verify that the site grading and
15 building plans will not cause a backwater effect to the private properties
16 beyond the project property lines for the estimated 100-year recurrence
17 floodwaters. The U.S. Army Corps of Engineers hydraulic model HEG2 or
18 an equivalent method shall be used for the evaluation. Said hydraulic
19 analysis shall be subject to review and approval by the Director of
20 Engineering and the Sonoma County Water Agency (SCWA).
21 b. An analysis of the capacity of the restored Holm Road ditch shall be
22 performed to determine that the 10-year frequency storm reoccurrence will
23 be contained within this facility and that adequate capacity exists within the
24 Holm Road ditch to accept additional runoff from the project during the 10-
25 year frequency storm. Said analysis shall be subject to review and approval
26 by the Director of Engineering and the SCWA prior to the approval of site
27 and building plans by the Site Plan and Architectural Review Committee
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1 (SPARC). The developer shall make necessary improvements to the Holm
2 Road ditch to provide necessary hydraulic capacity.
3 c. This development shall contribute, prior to issuance of building permit or
4 Certificate of Occupancy, a proportionate share of the cost of the City
5 Project No. 9855 for Channel Restoration. This ratio shall be based upon the
6 revised project's ratio of runoff from on-site to runoff from the watershed.
7 Estimated cost: total City project $225,000; site runoff increase (10 year) is
8 5.1 cfs; basin Q (flow at end of Holm Road. at old pump station in drainage
9 channel) is 116 cfs. Percent flow increase into basin from theater site 4.4%.
10 Contribution approximately $9,900.
11 d. Redwood Way through this project shall have a Traffic Index of 7.0 and a
12 paved width of 48 feet for the first 180 feet from the McDowell Blvd. North
13 intersection. The design of the road extension shall conform to standards for
14 industrial roads in regard to this section, turning radius, etc. The applicant
15 shall construct a minimum paved section of 36 feet with suitable design
16 elements to accommodate large trucks prior to occupancy of the first
17 building.
18 e. Driveway access at Pad B shall be eliminated.
19 f. The project shall pay a pro-rata fair share of the cost of interim
20 improvements at the US 101 Freeway/Old Redwood Highway Interchange
21 based upon the project's incremental increase in PM peak hour traffic
22 volumes. The development of this project will result in a 13% increase in
23 traffic volumes at the interchange. The interim improvements are currently
24 estimated at $1,239,000. The project's proportionate fair share would be
25 $161,070.
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1 g. The project applicant shall designate 50 parking spaces on-site for use by
2 commuters between 6 AM and 6 PM on weekdays. The selection of said
3 spaces shall be reviewed by and approved by the City Traffic Engineer.
4 h. The applicant shall offer for dedication to the City an easement of 20 feet in
5 width for pedestrian access to the US 101 Freeway. "Phis easement shall
6 allow pedestrian access from the 50 parking spaces to the bus stop presently
7 being installed with the improvement of Redwood Way and McDowell Blvd.
8 This easement shall be in a form acceptable to the California Department of
9 Transportation.
10 i. Prior to occupancy of any portion of the project, the applicant shall signalize
11 the intersection of Redwood Way and McDowell Boulevard North. The
12 signal .shall be synchronized with the Old Redwood Highway/McDowell
13 Boulevard North intersection.
14 j. Revised site plans shall be subject to review by the Engineering Department
15 for consistency with the findings and mitigation measures as identified in the
16 final EIR for this project. Review shall include but not be limited to, traffic,
17 transportation and drainage issues.
18 k. Water pressure calculations shall be required for this development verifying
19 the system adequacy for fire flows and domestic service. (This item shall be
20 verified concurrent with improvement plan review.)
21 1. This development shall be required to contribute to the City's traffic
22 mitigation fee.
23 m. Signing and striping shall conform to City Standards.
24 n. All grading and erosion control shall conform to the City's Erosion Control
25 Ordinance 15.76.
26 0. This development shall comply with all recommendations as stated in the
27 soils report for this project.
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1 p. 'The developer shall comply with the Petaluma Municipal Code Section
2 10.36.010 and 20.36.020 which require the developer to pay storm drainage
3 impact fees (as calculated in Chapter 17.30) on construction in all sections of
4 the City of Petaluma.
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7 22. The following requirements from the Water Department shall be met:
8
9 a. Water and fire service connections for Pad D shall either come from
10 McDowell Blvd. North or be located at the existing detector check valve
11 assembly in the planter.
12 b. Fire service, domestic and irrigation service for the new buildings shall come
13 off McDowell Blvd. North. The on-site water mains and fire hydrants shall
14 be private.
15 c. On-site storm drains shall be private.
16
17 23. The following requirements of the Building Division shall be met:
18
19 a. Grading must be certified when completed to indicate compliance with
20 approved plans and will be required for occupancy.
21 b. Certify pad elevations before building slab on grade is poured.
22 c. Soils with expansion index greater than 20 requires special design foundation
23 per Uniform Building Code 2904(b).
24 d. Show site drainage and grading topography.
25 e. Indicate all utilities on site plan.
26 f. Responsible party to sign plans.
27 g. Submit soils report to verify foundation design.
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1 h. Plans must show compliance to 1991 UBC, UPC, UMC, and 1990 NEC.
2 Plans must also show compliance to current Title 24 Energy Code.
3 i. Provide structural calculations for all non-conventional design items.
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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) (E~~r~d(jX~l~ meeting fO~'
on the ...2.~.S:t day of ...........~1f~Y.@1T111~~......................._., 19..~.~., by the ( {
following vote:
City Atto ney
AYES: Parkerson, Read, .Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss
NOES: None
ABSENT: Norte `
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A'I
I'EST:
City k Mayor
Cbuacil File......yy.
CA 10-85 Res. No .............1~ ,
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