HomeMy WebLinkAboutResolution 91-136 05/20/1991a
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resolution No. 91-136 NC.S.
of the City of Petaluma, California
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3 A RESOLUTION OF THE COUNCIL OF THE CITY OF PETALUMA
4 APPROVING THE PCD MASTER PLAN PROGRAM FOR THE
5 RIVER OAKS/PETALUMA FACTORY OUTLET VILLAGE PROJECT
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8 WHEREAS, by action taken on July 10, 1990, the Planning Commission recommended
9 conditional approval of the PCD Master Plan for the proposed River Oaks/Petaluma
10 Factory Outlet Village PCD; and,
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12 WHEREAS, the City Council of the City of Petaluma held public hearings on the proposed
13 PCD Master Plan on February 4, 1991 and February 11, 1991.
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15 NOW THEREFORE, BE IT RESOLVED that the City Council has adopted findings
16 applicable to the prezoning/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.
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19 NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council finds that the
20 requirements of the California Environmental Quality Act Guidelines have been met and
21 hereby incorporates by reference the FEIR, certified, approved and adopted by the City
22 Council on December 17, 1990.
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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:
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28 Relative to the River Oaks PCD Master Plan Program:
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30 1. The following specific text changes to the PCD Master Plan Program shall be
31 undertaken, subject to staff review and approval:
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33 A. Add abandoned railroad right-of-way (Assessor's Parcel Numbers 048-080-33
34 and 007-391-35) to exhibits.
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36 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 General Plan definition of "Special Commercial" for outlining
39 potential uses on Parcels "B" and "C".
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41 C. Page 9 -correct parking figures for Petaluma Factory Outlet Village to
42 reflect final approvals.
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44 D. Page 11- delete parking as permitted use within the Riverwalk Corridor area.
Res. No............~ ................ N.C.S.
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E. Page 12 -correct narrative on riverwalk corridor width to reflect conditions
of approval.
F. Pages 14 and 15 -amend to reference required collector road and temporary
emergency road, indicating location.
G. Amend Legal Description of Rezoning to include abandoned railroad right-
of-way (A.P. #s 048-080-33 and 007-391-35).
H. Amend map and text as needed to reflect phasing of Petaluma Factory
Outlet Village.
2. Amended PCD Master Plan Program document shall be submitted to the City
Community Development Department, by the developers of the overall River
Oaks/Petaluma Factory Outlet Village project site (Parcels A, B and C)., It shall
reflect all applicable conditions of approval, subject to City staff review and
approval, and shall be submitted within 60 days of Council approval.
Relative to the entire River Oaks/Petaluma Factory Outlet Village PCD site:
1. Construction activities shall utilize proper design and construction techniques,
subject to City staff review and approval, to minimize damage from ground shaking
to include, but not be limited to the following:
A. Spread footings placed on properly compacted fill for buildings. Wall and
column footings shall be at least 18 inches wide and placed at least 18 inches
below the lowest adjacent subgrade, subject to checking by qualified
professional and City staff.
B. Bridge abutment supports to gain primary support from end-bearing in the
mudstone bedrock underlying the alluvium at about 30 foot depth, subject to
checking by qualified professional and City staff.
2. Construction activities shall utilize proper engineering techniques during design of
excavation, grading and site preparation improvements, subject to City staff review
and approval, including but not limited to the following:
A. mitigation of effects of expansive soils, including moisture conditioning or
excavation of expansive materials, with replacement of non-expansive
material, subject to review and approval of City staff.
B. Design of drainage system to provide that no ponding of surface water and
runoff occurs, except where ponding occurs in parking area as intended for
stormwater management. Runoff from roofs shall be directed away from
structures and routed in a closed pipe to a suitable outlet, collector_or
detention pond, subject to review and approval of City staff.
3. Underground utility improvements shall be constructed of corrosion-resistant pipes,
materials subject to review and approval of City staff.
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4. Private streets and parking lots within the site shall be cleaned and swept weekly to
minimize the amount of contaminated runoff. Parking lots shall be designed to
include catch basins or other appropriate improvements to minimize sediment and
debris being introduced into the river, subject to City staff review and approval.
Materials and/or debris collected by cleaning activities shall be disposed of
properly. A plan for the disposal of material from cleaning, sweeping and
catchment activities shall be proposed by the applicant prior to the issuance of the
first certificate of occupancy, and shall be subject to review and approval of City
staff.
5. Grading plans shall include provisions to avoid silt entering the Petaluma River
from graded areas during construction periods, subject to review and approval of
City staff.
6. Grading plans, designed in accordance with Ordinance 1576 N.C.S. Grading and
Erosion Control and subject to review and approval of City staff, shall address the
following:
A. location of fill
B. areas to be revegetated, methods, types of vegetation and timing for
revegetation after grading
C. methods to reduce runoff from graded areas and avoid sediment
accumulation in the storm drain system.
D. An erosion control plan to specify measures to reduce both short- and long-
term erosion problems.
7. Interim and/or permanent replanting of disturbed sites shall be undertaken, by the
developer of the Petaluma Factor Outlet Village, at the earliest possible
opportunity following construction activity, subject to determination of City staff.
8. Initial rough cut and grading activities on the project site shall be monitored by an
on-site archaeologist to insure that any historic finds are properly identified and
protected. Selection of the archaeologist and the length of time the archaeologist
shall be on site shall he to City staff approval, prior to issuance of the first
development permit, with all associated costs for the professional services to be
borne by the applicant. The on-site archaeologist shall have the authority to stop
work, for a reasonable period of time, in the vicinity of the find, if significant
archaeological and/or historic finds are uncovered during grading activities. If work
is stopped, the on-site archaeologist shall immediately notify City staff. If artifacts
are found, degree of protection and/or removal/relocation and burden of
associated costs shall be established by City staff in consultation with the on-site
archaeologist and appropriate agencies. If artifacts are found, construction activity
may continue elsewhere on the project site.
9. Development of the site(s) shall conform to the local City standards (Petaluma
Zoning Ordinance) and applicable FEMA constraints for floodplain development,
subject to review and approval of all appropriate regulatory .agencies, and shall
result in no net increase in flood elevations either upstream or downstream of the
project sites.
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10. No construction of buildings or placement of fill shall occur within the floodway.
Permitted exception may be work performed for bank stabilization and/or erosion
protection (assuming no increase in flood levels results), as required and/or
approved by the appropriate regulatory agencies.
11. Landscaping activities shall incorporate measures to insure that introduced exotic
and/or invasive plant species do not degrade adjacent habitats to be rehabilitated or
retained, subject to staff review and approval.
12. Bus pull-outs and bus stop shelters shall be provided on Petaluma Boulevard North,
one each for northbound and southbound traffic, in the vicinity of the access drive
concurrently with construction of public improvements for the Petaluma factory
outlet village. Location and design shall be subject to City, Sonoma County Transit
and Golden Gate Transit staff review and approval. If additional right-of-way is
needed for transit improvements, City participation mad be requested to exercise
power of eminent domain. Costs associated with acquisition of additional public
right-of-way shall be borne by the developer of the Petaluma Factory Outlet Village.
Developer of the Petaluma Factory Outlet Village may request proportionate
reimbursement from future developments which are shown to have a proportionate
impact to the need for these improvements, subject to approval of the City Council.
13. The following modifications to Petaluma Boulevard North shall be incorporated
into public improvement plans and construction, with all costs borne by the
developer, of the Petaluma Factory Outlet Village, for the first phase of
development (Petaluma facto outlet village), subject to review and approval of the
appropriate reviewing agency~City and/or County):
A. The southbound to northbound U-turn lane along Petaluma Boulevard
North just north of the project access shall be eliminated, modified and/or
relocated. If eliminated, alternative improvements to provide for U-turns
capable of accommodating large truck and trailer rigs shall be incorporated
into the public improvement plans and construction costs shall be borne by
the developer of the Petaluma Factory Outlet Village.
B. Lower foliage on the trees lining the southbound lanes of Petaluma
Boulevard North just north of the project access shall be selectively thinned,
in order to provide clear sight lines to southbound drivers to see the new
signalized intersection.
C. A northbound to southbound U-turn lane on the Petaluma Boulevard North
northbound approach to the Petaluma Factory Outlet Village access shall be
provided.
D. Removal of any large trees along Petaluma Boulevard North is strongly
discouraged. If tree removal is required for public improvements associated
with the development, the required removal of any existing trees along the
Boulevard, shall require replacement at a ratio of five 24" box trees for each
one tree or two field grown trees (minimum height of 30') for each one tree
removed. Location and species shall be subject to staff review and approval.
Replacement trees shall be provided with an interim watering system, at the
cost of the developer of the Petaluma Factory Outlet Village, subject to City
and if applicable, County staff review and approval.
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14. Design of the proposed Petaluma factory outlet village development shall address
the natural features of the site(s), particularly the large native tree(s) and existing
native riverfront habitat as set forth m the approved Biological Mitigation Plan.
15. The applicants/developer(s) of the River Oaks project site (Parcels A, B and C)
shall be responsible for submission of relevant information and calculations for the
updating of the Water Master Plan, prior to issuance of any development permits, to
insure provision of adequate water service for the proposed project as well as the
properties within the potential service area under the general plan and zoning land
use designations, subject to review and approval of City staff. The possible need for
looping of the present water main system shall be determined as a function of this
plan update. For the purpose of these conditions of approval "development hermit"
shall mean any grading permit or building permit or any other permit, certificate or
license pertaining to the erection, construction, movement of dirt on or adjacent to
the River Oaks/Petaluma Factory Outlet Village PCD project site.
16. Prior to the issuance of the first development permit within the River Oaks project
site (Parcels A, B and C), the applicants/developer(s) shall be responsible for the
extension of all water mains needed to serve that specific project site, providing
sizing as dictated by the Director of Engineering. Extension improvements shall
include provision of stub-outs to property lines for future extensions as deemed
appropriate by the City of Petaluma to serve future needs.
A payback agreement, as allowed per Petaluma Municipal Code Section 15.08.160,
may be requested by the developer to provide for proportionate reimbursement
from remaining River Oaks projects and other future development benefitting from
utility line extension and upsizing beyond those improvements needed to serve the
project which constructed the extensions and upsizing, subject to approval of the
City Council.
17. Developers of whichever project moves forward first toward development permit
issuance within the River Oaks project site (Parcels A, B and C) shall be responsible
for the provision of adequate water main extensions to provide necessary fire flows.
Developers of the Petaluma Factory Outlet Village shall be responsible for the
installation of all required fire hydrants and related improvements to serve their
specific project needs, subject to review and approval of City staff. (mm)
18. The applicants/developer(s) of whichever project moves forward first toward
development permit issuance within the River Oaks project site (Parcels A, B and
C) shall be responsible for submission of relevant information and calculations for
the updating of the Sewer Master Plan, prior to issuance of any development
permits, to insure provision of adequate carrying and servicing capacity for the
proposed project and surrounding sewer basin, subject to review and approval of
City staff.
19. .Applicants/Developer(s) of whichever project moves forward first toward
development permit issuance within the River Oaks project site (Parcels A, B and
C) shall be responsible for all main extensions to serve that specific project,
including pump stations (excluding new pump stations beyond that which is required
for development of Parcels A, B and C), to be sized and designed to handle sewage
flow from the service sub-area boundaries (specifically CS8 and CS9, City of
Petaluma Sanitary Sewer Master Plan). Sewer line shall be extended to the project
boundaries at Petaluma Boulevard North, and utility easements for a future pump
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station site shall beranted to the City of Petaluma, to provide .for extensions
without future disruption to developed properties within the River. Oaks area.
A payback agreement may be requested by the developer to provide for
proportionate reimbursement from remaining River Oaks projects and other future
development benefitting from utility line extension, upsizing, pump stations and
related improvements beyond those improvements needed to serve the project
which constructed said improvements, subject to approval of the City Council as
allowed by Petaluma Municipal Code Section 15.40.050.
20. All required utility facilities shall be extended to serve the project .site, at the cost of
the developer. Any existing and all proposed utility lines traversing, adjacent to
and/or serving the project sites shall be undergrounded as development occurs
(except where lines cross the Petaluma River under the bridge crossing) or conduit
installed to facilitate future undergrounding, unless exempted by City code, to
reduce visual and aesthetic impacts. Public improvements shall include providing
stub-outs to project boundaries, as deemed necessary by City and utility company
staff. If conduit is installed rather than undergrounding, developer of the Petaluma
Factory Outlet Village shall contribute the equivalent costs of:later conversion to
the City of Petaluma at time of public improvement construction, subject to
determination of the City staff.
21. Developers of the Petaluma Factory Outlet Village (Parcel A) shall purchase a
transmitter and radio equipment to provide City emergency vehicle right-of-way
override capabilities at the new signal at Petaluma Boulevard North and the
Petaluma Factory Outlet Village (Parcel A) access. Timing of purchase and specific
brand of equipment shall be as deemed appropriate by the City Fire Chief, and shall
be completed in conjunction with signal improvement installation.
22. The following construction practices shall be implemented for the construction of
the Petaluma factory outlet village (Parcel A) and related improvements, subject to
staff review and approval:
A. Contractors shall water exposed dust generating surfaces in late morning and
at the end of the day. Additional watenng activity may be deemed necessary
when wind speeds exceed 15 miles per hour.
B. Soil piles and/or other construction materials shall be protected or
separated, where deemed necessary by staff, to avoid spillage onto traffic
lanes.
C. All trucks hauling soils or similar dust generating material shall utilize
tarpaulins or similarly effective covers to reduce dust generation along routes
traveled. If deemed appropriate in response to complaints received by City
staff, work areas shall be swept or washed down and truck tires leaving the
site shall be hosed off to avoid tracking of debris off the site.
D. The developer of the Petaluma Factory Outlet Village shall designate a job
superintendent or responsible person and provide a telephone number to
contact said designated person to monitor the above dust control program
and other operating complaint issues, authorized to order increased watering,
if deemed necessary by City staff. (mm)
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E. Construction activity on the site shall be limited to 6AM_ to 6PM, Monday
through Saturday (non-holiday). Exception to the construction activity
limitation may be approved by the City Community Development Director
for extraordinary circumstances such as traffic control; or building interior
work not involving construction vehicles; or non-noise generating activities.
F. All hazardous materials (as recognized by the City Fire Marshal) utilized on
the construction sites shall be kept within a fenced, locked enclosure, subject
to review and approval of City staff.
23. The north-south collector road will be provided, as required by the City Traffic
Engineer, in the following increments:
A. A temporary emergency road to the Petaluma Factory Outlet Village (Parcel
A) will be provided from Corona Road. The entire temporary emergency
road will be constructed by the developer of the Petaluma Factory Outlet
Village (Parcel A) prior to issuance of village occupancy permits. A public
access easement for the temporary emergency road shall be granted to the
City prior to the issuance of the first Petaluma Factory Outlet Village
occupancy permit. Alignment and structural design- of the temporary
emergency road from Corona Road to the point where it provides direct
access to the village (Parcel A) will be subject to review and approval of City
staff. Abandonment of public access easement for the temporary emergency
road may be requested upon completion of the collector road from one
direction (south or north) to connect to an existing public street, if not
needed for other associated public access purposes, subject to City Council
approval.
B. The collector road along the Petaluma Factory Outlet Village (parcel A)
shall be completed concurrently with the first leg or portion of the collector
road serving either Parcel B or C.
C. As deemed appropriate through further specific project environmental
review, development approvals for Parcel B may require completion of .the
length of the collector road connecting the Petaluma factory outlet village
(Parcel A) with either: 1) the proposed east/west overpass/interchange or 2)
Petaluma Boulevard North, at a location to be approved by the City of
Petaluma.
D. As deemed appropriate through further specific project environmental
review, development approvals for Parcel C may require completion of the
collector road between Corona Road and the Petaluma factory outlet village
(Parcel A), along an alignment to be approved by the City of Petaluma.
E. It is recognized that City, or other appropriate governmental entity, may
need to utilize the power of eminent domain to obtain necessary right-of-way
outside the boundaries of the River Oaks PCD Master Plan project area,
subject to need and analysis at time of development proposal for Parcels B
and/or C. All costs associated with the obtainin of necessary right-of-way
shall be the responsibility of the developers and~or benefitting landowners
and/or funding mechanism in place for the construction of the collector road.
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F. The collector road located on lands covered by the River Oaks PCD Master
Plan Program shall be offered to the City of Petaluma through an irrevocable
offer of dedication. The right-of-way for the collector road' fronting Parcel A
shall be offered to the City of Petaluma through an irrevocable offer of
dedication prior to the issuance of the first development permit. The City
acknowledges that it shall accept the irrevocable offer subsequent to its
formation of alimited-purpose government agency, or its use of an existing
government agency, to acquire said right-of-way at fair market value and
construct the collector road.
The properties subject to the public debt financing instrument used to
acquire the right-o~-way and construct the collector road shall be those
covered by the River Oaks PCD Master Plan Program, plus alI other
properties within the zone of benefit of the collector road, and the debt shall
be distributed among the subject properties according to benefit, as
determined by law. All costs associated with right-of-way acquisition shall be
the responsibility of the developers and/or benefitting landowners or funding
mechanism utilized to construct said collector road.
24. Existing billboards on the River Oaks PCD Master Plan site, shall be removed at
the expense of the developer and/or benefitting properties and/or funding
mechanism utilized to construct the required collector road, if the construction of
the collector road and/or any buildings or other public or private improvements
cannot be built without removal or relocation of the billboards. Roadway width may
vary with the right-of-way to accommodate existing billboard easements. Where
.appropriate, sidewalks may be located within public easements over private
property. The design of the collector road shall be approved by the City Traffic
Engineer.
Developer shall defend, indemnify and hold harmless the City and any of its boards,
commissioners, agents, officers and employees from any claim, action, proceeding
and judgement against the City, its boards, commissioners, agents, officers or
employees arising out of the satisfaction of this condition by developer. City shall
promptly notify the developer of any such claim, action or proceeding. The City
shall cooperator fully in the defence. Nothing contained in this condition shall
prohibit the City from participating in the defense of any claim, action or proceeding
if the City bears its own attorney's fees and costs and the City defends that action in
good faith.
25. All developments within the River Oaks Master Plan site shall be subject to the
payment of all applicable development fees, or as set forth in these conditions of
approval and as subject to various applicable sections of the Petaluma Municipal
Code.
26. All applicable traffic safety improvements associated with the new access or any
improvements for turning movements on Petaluma Boulevard North shall be
constructed prior to the issuance of the first certificate of occupancy for the
Petaluma Factory Outlet Village.
27. The applicants/developers shall defend, indemnify, and hold harmless the City or
any of its boards, commissions, agents, officers, and employees from any claim,
action or proceeding against the City, its boards, commissions, agents, officers, or
employees to attack, set aside, void, or annul, the approval of the River
Oaks/Petaluma Factory Outlet Village PCD project when such claim or action is
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brought within the time period provided for in applicable State and/or local
statutes. The City shall promptly notify the applicants/developers of any such claim,
action, or proceeding: The City shall coordinate fully in the defense. Nothing
contained in this condition shall prohibit the City from participating in a defense of
any claim, action, or proceeding if the City bears its own attorney's fees and costs,
and the City defends the action m good faith.
relative to development of Parcel "A" with the proposed Petaluma Factory ®utlet Village:
28. An evacuation plan shall be developed by the Petaluma Factory Outlet Village
(Parcel A) proponent to include an early warning device, monitored by the on-site
security to provide timely evacuation of persons and/or vehicles at time of
inundation of the parking area(s). Evacuation plan shall be subject to review and
approval by City staff prior to issuance of the first certificate of occupancy. All costs
associated with the preparation, review and monitoring of the evacuation plan
process shall be borne by the Petaluma factory outlet village developer.
The evacuation plan shall include provisions to identify the measure of flooding
which would dictate the need to close all operations within the Petaluma factory
outlet Village. The evacuation plan shall be referred to and incorporated into the
mall rules and regulations and thereby referenced in each individual tenant lease to
insure notification of evacuation and/or closure possibilities. If deemed necessary
by the City AottorOu let Villa e and recolyded against the grope ty, identifying the
Petaluma Fac ry g
evacuation plan.
An indemnification agreement, subject to approval of the City Attorney, shall be
executed prior to issuance of the first certificate of occupancy to hold harmless the
City in the event damage or loss of life occurs in spite of or in the case of failure of
the relocation plan.
29. Development of the site shall be designed, in conformance with local City standards
and applicable FEMA constraints, to insure no net increase in flood elevations
either upstream or downstream of the project site and to comply with the no net fill
policy of a project resulting in a reasonable equivalence of hydrology and hydraulics
to the site before development. To avoid increases in peak flows downstream from
the building and pad area, all flows in excess of existing stormwater flows shall be
detained on-site for up to the 100-year recurrence interval storm. Outflow from the
stormwater detention facilities shall be regulated by a weir. The configuration of
the device shall be based on the 10-year, 25-year and 100-year recurrence interval
storms.
Since the Petaluma Factory Outlet Village (Parcel A) proposes the construction of
an on-site detention pond, it is recommended that these improvements be a credit
toward the project's storm drainage impact fee in accordance with Petaluma
Municipal Code Section 17.30.040.
30. stormwater detention facilities shall be designed to allow settling of stormwater
sediments. Collection and removal of sediments from on-site detention 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
system as long as the collection system is in use for the proposed~or any future land
use on this parcel. A program shall be prepared by developer of the Petaluma
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Factory Outlet Village to set forth, cleaning, and sediment collection process and
schedule for removal of possible contaminants, subject to review and approval of
City staff prior to issuance of development permits. Said program, approved by the
City Engineer on a once yearly basis, shall identify cleaning schedule (including
peak cleaning demand periods, for that year, prior to the commencement of fall
rains) and detail of cleaning methods, wet or dry, to be utilized for removal of
hydrocarbon pollutants and other debris from the driving/parking surfaces of the
site. Sediments and other material collected from the stormwater detention
facilities and from cleaning activities will be disposed of at an appropriate waste
receiving facilities. If deemed necessary by City staff, a recorded agreement (subject
to review and approval by City staff) shall be executed and recorded against the
project site prior to issuance of the first occupancy permit, to insure perpetual
monitoring and maintenance of stormwater .detention facilities.
31. The bridge, across the river, shall provide for a clear span over the floodway and
shall be designed for a minimum peak flow of 6,540 cfs. Design constraints shall
include balancing cut and fill according to the City of Petaluma zero net fill
requirements and avoiding any .increase in water surface elevation in a 100-year
event between the existing and with-bridge configurations. The entrance bridge
shall include provisions for bicycle and pedestrian traffic, subject to City staff review
and approval.
32. The developer of the Petaluma Factory Outlet Village (Parcel A) will create a
riverfront corridor, as set forth in an approved Biological Mitigation Plan, which will
include enhancement of riparian habitat along the Petaluma River and provision of
public access for passive recreation activity (i.e.: walker, biking, sitting). The
riverfront corridor will be designed to be extended through Parcels B and C at the
time those parcels are developed. The proposed riverfront corridor improvements
will be subject to review and approval by SPARC, City staff and all appropriate
regulatory agencies concurrently with SPARC review of the proposed development
on Parcel A.
33. Setbacks from the top of bank of the Petaluma River to the edge of parking lot
improvements, as determined by SPARC, may vary substantially in depth with an
average of no less than 100' and a net area for the riverfront riparian corridor of no
less than 4 acres. Physical improvements adjacent to the Petaluma River shall be
undertaken in a manner to restore and enhance, the riparian habitat of the River, in
conformance with the details of improvement and timing within the approved
Biological Mitigation Plan (BMP). The BMP shall be subject to review of all
appropriate regulatory agencies prior to issuance of the first development permit
and shall be implemented in accordance with said approved Plan. The area
adjacent to the Petaluma River, as identified within the approved BMP as Zones A,
B and C for restoration and enhancement shall also be referred to as the river
corridor.
All physical improvements within the river corridor shall be subject to review and
approval of SPARC, in consultation with various applicable regulatory and/or
advisory agencies prior to commencement of work within the Petaluma River
corridor.
34. The river corridor shall be offered to the City of Petaluma, in fee, through an
irrevocable offer of dedication prior to the issuance of the first certificate of
occupancy. Said irrevocable offer of dedication shall not inhibit or relieve
owner/operator/developer of the Petaluma Factory Outlet Village of the
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responsibilities of the five (5) year maintenance requirement of the riverfront
corridor riparian enhancement grogram and improvements per the approved BMP
with fiscal responsibility being handled through the Landscape/Hydraulic
Maintenance Assessment District. It is the City's intent to accept dedication of the
river corridor and activate the Landscape/Hydraulic Maintenance Assessment
District (per condition #38) upon completion of the planting improvements (per
condition #36) to insure monitoring and maintenance is undertaken in compliance
with the approved BMP.
35. A biological mitigation plan (BMP) shall be prepared and implemented by the
developer of the Petaluma Factory Outlet Village to create an on- or off-site native
riparian and seasonal wetland and vernal pool habitat in compensation for removal
and degradation of the on-site habitats and wetlands. The BMP shall be prepared
by a biologist in concert with a licensed landscape architect and shall be subject to
review and approval of the City of Petaluma staff SPARC in consultation with
applicable advisory agencies, prior to the issuance of any development permits. The
plan shall identify measurable objectives, site locations, site preparation techniques,
planting materials and methods, performance criteria, phase timing and
maintenance/monitoring strategies. If an off-site replacement is proposed, specific
input and assistance on site selection shall be requested by the applicant and the
City from the Department of Fish and Game prior to SPARC review. It is the
intent of the City to comply with all Department of Fish and Game regulations
applicable to native riparian and seasonal wetland replacement: The BMP shall
also include design and location of required interim fencing and signing to protect
and identify ongoing restoration work. The BMP shall include recommended
schedules for inspection of ongoing work by a qualified biologist to insure work is
progressing in accordance with said approved plan. The restored habitat shall be
monitored and maintained, at the cost of the developer of the Petaluma Factory
Outlet Village, for a period of five years following completion of 'the restoration, as
determined by City staff. Subsequent monitoring and maintenance shall be
undertaken by a Landscape/Hydraulic Maintenance Assessment District, which
shall be formed at the cost of the developer of the Petaluma Factory Outlet Village,
prior to the issuance of the first certificate of occupancy. All costs. associated with
monitoring, maintenance and reporting including related City administrative costs
for the five year break-in period shall be paid by the developer of the Petaluma
Factory Outlet Village. Method of assurance of payment shall be to City staff
approval prior to issuance of the first development permit.
36. The approved BMP for Parcel A (Petaluma Factory Outlet Village) shall be fully
implemented with all planting achieved prior to issuance of the first certificate of
occupancy. The developer of the Petaluma Factory Outlet Village shall have the
option of bonding for required improvements that have not been implemented due
to weather, or improper planting periods, subject to City staff approval.
37. All riverwalk pathway, parking lot and bridge lighting shall consist of luminaries that
do not attract night-flying insects and to minimize off-site glare as set forth within
the approved BMP, subject to SPARC review and approval. The riverwalk pathway
shall be designed to limit the points of access to the river by humans. to identified
areas, providing for substantial setback from the river along the remainder of the
river frontage, subject to SPARC review and approval.
38. Hydrologic capacity and perpetual maintenance of riparian habitat shall be insured
through the formation of a Landscape/Hydraulic Maintenance Assessment District.
Cost of formation shall be paid by the developer of the Petaluma Factory Outlet
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Village to the City of Petaluma with submission of the required petition, prior to
issuance of the first certificate of occupancy.
39. A. The developer of the Petaluma Factory Outlet Village (Parcel A) shall
contribute a proportional, fair share, prior to the issuance of the first
certificate of occupancy, of traffic signal installation and/or upgrade costs at
the following intersections:
1. Petaluma Boulevard North at Stony Point Road/Industrial Avenue
(proportional share estimated at 22.1% _ $44,200).
2. Corona Road at Industrial Avenue (proportional share estimated at
35.3% _ $35,300).
3. Petaluma Boulevard North at Skillman (proportional share estimated
at 15.1% _ $18,100).
The proportional fair share contribution is based upon project related increase in
PM peak hour traffic volume at the intersection, as determined by the City Traffic
Engineer.
B. The Petaluma Factory Outlet Village (Parcel A) shall pa all costs associated
with the design and construction of the following off-site improvements,
subject to City staff (and other appropriate regulatory agencies as necessary)
review and approval, to insure that physical improvements are in place prior
to issuance of the first certificate of occupancy:
1. All necessary physical improvements to the Payran Street/ Magnolia
Avenue/Petaluma Boulevard North intersection.
2. Shoulder widening (paving) and associated improvement adequate to
provide off-street bus pull-out area for two school bus stops (just
south of Jesse Lane, and dust north of Pine Tree Lane).
A payback agreement may be requested by the developer responsible for
construction of said public improvements to recapture a proportionate share of the
costs from future projects found to have a significant impact upon the need for these
public improvements.
C. The following improvements shall be constructed, subject to review and
approval of City staff and other appropriate agencies, prior to issuance of the
first certificate of occupancy:
1. Installation of an interim traffic signal at Petaluma Boulevard
North/Old Redwood Highway at US 101 freeway southbound off-
ramp.
2. Installation of an interim traffic signal at Old Redwood
Highway/Petaluma Boulevard North at US 101 freeway northbound
on-off ramps.
The Petaluma Factory Outlet Village (Parcel A) developer's fiscal responsibility
toward these interim traffic signal improvements shall be limited to the identified
16.2% proportionate fair share of the public improvement costs. The remaining
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83.8% improvement costs shall be paid through the traffic mitigation fees collected
from projects having found to have a significant impact upon the need for these
public improvements.
40. The Petaluma Factory Outlet Village shall contribute to the east/west
overpass/interchange and connectors ~rolect overall project costs, The Petaluma
factory outlet village has offered 1.2 million dollars. Method and timing of payment
shall be agreed upon between the developer of the Petaluma Factory Outlet Village
and City staff prior to issuance of the first development permit.
41. The developer of the Petaluma Factory Outlet Village shall prepare and implement
a project specific TSM (Transportation Systems Management) program, prior to the
issuance of the first certificate of occupancy. The TSM program shall include
evaluation, .solutions and means of implementation and monitoring of measures
needed to address adequate mitigation of the reduced Level of Service (LOS) and
air quality at identified (as set forth within the Final Environmental .Impact Report
(FEIR) and determined by the City Traffic Engineer) intersections. The TSM
program shall be subject to review and approval of City staff.
The Petaluma Factory Outlet Village developer shall contribute toward the costs of
a City-wide TSM feasibility study (estimated 1991 cost of $20,000). Amount of
contribution shall be determined by the City Traffic Engineer based on % of trips
per 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 unique use of project site.
42. Public access easements shall be provided from Petaluma Boulevard North, across
the access bridge and extending along the project circular, frontage road to provide
access to shared property lines with Sonoma County Water Agency land (Capri
Creek) and Parcel C. Location and specifics of easements shall be subject to City
staff approval. Offer of easements shall be provided to the City prior to the issuance
of the first building construction permit.
43. The following conditions of the City Traffic Engineer shall be incorporated into the
development of Parcel "A", the Petaluma Factory Outlet Village:
A. The Petaluma Factory Outlet Village developer shall employ active
measures such as dense landscaping buffers, berms or low retaining walls to
concentrate pedestrian crossings of parking aisle and roadways at designated
locations.
B. The Petaluma Factory Outlet Village developer shall install an all-way STOP
at the intersection of the primary access road and the westerly perimeter
road.
C. The Petaluma Factory Outlet Village developer shall install an all-way STOP
at the intersection of the westerly perimeter road and access streets serving
adjacent parcels.
D. The Petaluma factory outlet village developer shall implement active control
measures, such as bollards, alternative pavement design and signing to
maximize pedestrian safety on the internal center street.. ~ Staff shall review
the effectiveness of the implemented measures within six months of the
completion of the Petaluma Factory Outlet Village with the authority to
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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. The proposed intersection design shall incorporate the
following design elements:
1. Vehicle counting and monitoring capacity shall be incorporated into
the design of the traffic signal at the project access onto Petaluma
Boulevard North. The monitoring system will be used by the
Petaluma Factory Outlet Village and City staff to better manage
traffic flow to and from the Petaluma Factory Outlet Village.
The Petaluma Factory Outlet Village access intersection at Petaluma
Boulevard North shall include provisions for safe and adequate
ingress and egress to Oak Lane. Improvements included in design
and construction of intersection improvements shall be subject to
review and approval by the City Traffic Engineer.
G. The following modifications to Petaluma Boulevard North shall be
incorporated mto public improvement plans and construction for the first
phase of development (Petaluma factory outlet village), subject to review and
approval of the appropriate reviewing agency (City and/or County):
a. The southbound to northbound U-turn lane along Petaluma
Boulevard North just north of the project access shall be eliminated,
modified and/or relocated. If eliminated, alternative improvements
to provide for turning movement needs of large rigs 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. Lower foliage on the trees lining the southbound lanes of Petaluma
Boulevard North just north of the project access shall be selectively
thinned, subject to direction by a certified. arborist selected by the City
and paid for by the developer of Parcel A, in order to provide clear
sight lines to southbound drivers to see the new signalized
intersection.
c. A northbound to southbound U-turn lane on the Petaluma Boulevard.
North northbound approach to the Outlet Village access shall be
provided.
44. Police Department recommendations shall be incorporated into development
improvements, including but not limited to:
A. Provision of secondary access point to serve project(s).
~~®~ ~ ~ 14 .k :~ £~ N L ~
B. Location of security area within the mall management office, on an outside
perimeter line of the project to all extent possible (Petaluma Factory Outlet
Village).
C. Inclusion of routine crime prevention features into project (Petaluma Factory
Outlet Village) such as lighting, vandal resistant fixtures, locks.
45. All restaurants located on the project site shall utilize processes that insure
compliance to Bay Area Air Quality Management District (BAAQMD) Regulation
No. 10 and City performance standards relative to odor emissions.
46. Project shall be designed to utilize solar exposure, to all extent possible and to
incorporate use of energy-efficient building materials and energy-conserving
features. Project shall be designed to provide for natural ventilation, to all extent
possible. (mml}
47. The proposed Petaluma Factory Outlet Village on Parcel "A" shall be subject to site
design review by the Site Plan and Architectural Review Committee. Particular
emphasis shall be placed on inclusion of the following as part of the public review
process:
A. Design of a riverfront corridor and BMP plan to protect and enhance the
natural habitat and provide opportunity for public enjoyment (see also
mitigation measures specific to this concern). The completed rare plant
survey shall be included in review process. On-site significant and/or mature
native vegetation and native riparian vegetation, particularl}! the native oak
and native river corridor habitat, shall be retained to the greatest extent
possible and incorporated into project design.
B. Preparation of a coordinated design for signage and lighting.
C. Screening of outdoor storage and trash areas as well as Heating, Ventilation
and Air Conditioning (HVAC) systems from public views.
D. Development of a recycling grogram by the applicant, and provision of
recycling collection facilities in convenient, easily accessible location, to
promote an active tenant recycling program. If local, regional and/or state
guidelines are adopted which relate to improved recycling procedures, the
Petaluma Factory Outlet Village shall comply with all applicable measures in
place at time of building permit issuance.
E. Emphasize use of native and/or regionally indigenous species between
buildings, in parking lots, along the river corridor and roadway system in
order to develop a visual buffer and/or cohesive connection as deemed
appropriate between properties and create aesthetic qualities.
F. Preservation of the agricultural flavor of the site through project's
architectural character and design elements, to minimize apparent height,
bulk and mass of structures.
G. Provision of parking as deemed appropriate by City staff upon evaluation of
the Phase 1 parking demands. Use of interim parking facilities in the area of
Phase 2 future development, as defined in the approved PCD Master Plan
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Program, may be considered. Adequacy of parking shall be reviewed by staff
concurrently with development permit review for Phase 2.
H. Design of project to utilize solar exposure to assist heating and/or cooling of
buildings, to all extent possible, and to incorporate use of energy-efficient
building materials and energy-conserving features. Project shall be designed
to provide for natural ventilation and lighting, to all extent possible.
48. Development of Parcels A, B & C shall include provision of mutual parking and
circulation easements prior to issuance of development permits, subject to City staff
review and approval. The developers of the Petaluma Factory Outlet Village
(Parcel A) shall agree to act in good faith in pursuing the possibility and
implementing the appropriate cross-access easements to allow shared parking
facilities with future development within the River Oaks Master Plan area.
49. It is the intent of the City of Petaluma that Parcel A shall remain a factory outlet
center. To this end, leasable square footage within the Petaluma Factory Outlet
Village shall be occupied by a minimum of 70% factory outlet uses (exempting food
services and second floor square footage). For the purpose of this condition, factory
outlet uses shall be defined as a tenant which controls the marketing and
distribution of its own brand name or label, and/or typically offers discount on
nationally known products and/or any other tenant* typically* * found in outlet
malls such as those owned and operated by the Petaluma Factory Outlet Village
developer. Compliance to the 70% minimum standard shall be assured through the
issuance of tenant improvement building permits and/or prior to the execution of a
lease through review by the Community Development Department.
* For this condition, "tenant" shall mean the same specific tenant, not type of
use or occupancy.
* * For this condition, "typically" shall mean commonly operating in a significant
number of outlet malls.
50. The developer of the Petaluma Factory Outlet Village shall develop a
comprehensive plan for the establishment of an on-going working relationship with
the downtown retail area. The plan shall include, but not be limited to the
implementation of the following:
A. Petaluma Factory Outlet Village shall become active members of the
Chamber of Commerce.
B. Petaluma Factory Outlet Village shall encourage tenants to become active
members of the Chamber of Commerce.
C. Petaluma Factory Outlet Village shall participate in special events involving
the downtown retail area.
D. National marketing and local manager of the Petaluma Factory Outlet
Village shall participate in local advertising projects, including the
development of a Shopper's Guide in cooperation with downtown merchants,
at least. once a year.
E. Billboard promotion utilized for the Petaluma Factory Outlet Village shall
include identification of the Historic Downtown area.
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F. Petaluma Factory Outlet Village shall supply group customers with
information on other local attractions.
G. Petaluma Factory Outlet Village shall work with the Chamber of Commerce
for the installation of a kiosk at the Petaluma Factory Outlet Village for the
distribution of information pamphlets on Petaluma.
H. Petaluma Factory Outlet Village shall offer a shuttle vehicle to the
downtown merchant's or other appropriate association for the development
of a transit service to link the Petaluma Factory Outlet Village to the
downtown retail area.
I. Petaluma Factory Outlet Village shall explore, with the Chamber of
Commerce, the possibility of advertising the outlet village and downtown
retail area as a joint destination.
Relative to future proposed development of Parcels "B" and "C":
51. Prior to any development on Parcels "B" and/or "C" appropriate. environmental
analysis shall be undertaken in conjunction with any application for modification of
a PCD Development Plan and/or Program and project review. All costs associated
with further environmental review shall be paid by the developer of the specific
proposed project.
A. The required environmental analysis undertaken for Parcel "B" shall include,
but not be limited to, potential impacts and mitigation measures needed to
minimize adverse impacts to Capri Creek, the Petaluma River and other
natural physical features (riparian habitat, seasonal wetlands and/or
freshwater marsh). Mitigation measures shall include preparation of a
riparian enhancement plan, including identification of creek setback based
on environmental values and hydrologic constraints. It is recognized that
implementation of mitigation measures for preservation and enhancement of
Capri Creek riparian habitat is dependent upon cooperation of the land
owner, Sonoma County Water Agency.
B. The required environmental analysis undertaken for Parcel "C" shall include,
but not be limited to, potential impacts and mitigation measures needed to
minimize adverse impacts to existing seasonal wetlands, freshwater marsh
and riparian habitats. Mitigation measures shall include preparation of a
riparian enhancement plan, including identification of setbacks for protection
and preservation of the existing habitat.
C. A rare plant survey has been undertaken by the owner/developer of Parcels
B and C, in conjunction with the study undertaken for Parcel A, which was
subject to review and approval by the City of Petaluma prior to certification
of the Final Environmental Impact Report in December 1990.
D. Any development proposed for Parcels B & C shall be subject to the PCD
modification requirements set forth in Article 19 of the Petaluma Zoning
Ordinance. Particular emphasis may be placed on the need to identify,
protect and enhance areas of significant features (trees, plants, water courses,
etc.).
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E. Specific, vicinity and area-wide traffic impacts and mitigations associated
with proposed projects on Parcels B and C shall be identified concurrent with
environmental analysis of a specific project. Analysis of project traffic
impacts for proposed projects on Parcels B and C shall include evaluation of
potential need to require shared parking agreements with development on
Parcel A and the potential need of prior completion of the east/west
overpass/interchange prior to project approval.
52. Specific land use proposals for the development of Parcels Band/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 Preliminary Master Plan shall be undertaken for the area including Parcels B & C
and extending beyond those boundaries to include the undeveloped and
underdeveloped areas south to Lynch Creek, west to Petaluma Boulevard North and
north to Corona Road. The proposed development of Parcel A for the Petaluma
Factory Outlet Village shall 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 Community Development Director shall provide to the City Council, within 90
days of approval of this project, a timeline and planning program for the
commencement and undertaking of said Master Plan.
54. The following conditions of the City Traffic Engineer shall be incorporated into the
future environmental review of Parcels B & C:
A. A collector road connecting parcels A and C with Corona Road.
B. The collector road together with a connection to Petaluma Boulevard North
and/or the pro osed east/west overpass/interchange. Traffic signal
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
improvements.
3. Old Redwood Highway at US 101 freeway northbound on-off ramps,
and either interim signal installation or long-term overpass
improvements.
4. Corona Road at Industrial Avenue:
5. Payran Street/Magnolia Avenue/Petaluma Boulevard North.
6. Petaluma Boulevard North at Skillman Lane/Corona Road.
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1 55.- The developer(s) of Parcels B and C shall contribute a proportionate, fair share
2 portion of the east/west overpass/interchange and connectors project overall
3 improvement costs, as determined by the Clty Council as part of the project
4 environmental review process.
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7
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10 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 Apprfovemd as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting .--
...--
on the .._. 20 ................ day of ......Mc3.y.............................................., 19.9.].., by the .
•- _
following vote:
City At rney
AYES
NOES
Read, Davis, Woolsey, Sobel, Vice Mayor Cavanagh, Mayor Hilligoss
Nelson
ABSENT
ATTEST:
CA 10-8s
o ..
City Clerk ®~P~~~ C0~ ~~~ 1 Mayor
cil File....._i9 ........................
Res. No..9.1.-.1.36.......... N:es.