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HomeMy WebLinkAboutResolution 91-122 05/06/1991.) r- Resolution N®. 91-122 N.C.S. of the City of Petaluma, California 1 2 3 A RESOLUTION OF THE CITY COUNCIL 4 OF THE CITY OF PETALUMA 5 ADOPTING SPECIFIC FINDINGS REGARDING 6 SIGNIFICANT ENVIRONMENTAL EFFECTS, MITIGATION MEASURES 7 AND ALTERNATIVES FOR THE PROPOSED 8 RIVER OAKS/FACTORY OUTLET VILLAGE PROJECT, 9 PURSUANT TO SECTIONS 15091 AND 15903 OF THE 10 CEQA GUIDELINES AND SECTION 21081 OF THE 11 CALIFORNIA ENVIRONMENTAL QUALITY ACT. 12 13 WHEREAS, the California Environmental Quality Act provides that all local agencies, 14 subsequent to the completion of an Environmental Impact Report, shall make one or more 15 written findings pursuant to Section 21081 of the California Environmental Quality Act and 16 Sections 15091 and 15093 of the CEQA Guidelines (14 California Code of Regulations); 17 and, 18 19 WHEREAS, the City Council of the City of Petaluma, by Resolution #90-420 adopted on 20 December 17, 1990, certified, approved and adopted the Final Environmental Impact 21 report for the RIVER OAKS/FACTORY OUTLET VILLAGE project: 22 23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma 24 that in connection with the certification, approval and adoption of the Final Environmental 25 Impact Report on said project, hereby makes the following findings pursuant to Sections 26 15091 and 15093 of the CEQA Guidelines: 27 28 A. Potential impacts to soils and geology were identified as follows: 29 30 1. Site likely to be subject to strong ground shaking produced by earthquakes, 31 thereby possibly causing damage to structures. 32 33 2. Seasonal moisture fluctuation to subgrade beneath pavement, thereby 34 possibly resulting in cracking and/or structural problems if slabs/foundations 35 are constructed on native soils. 36 37 3. Corrosion of uncoated steel and concrete due to soil and other alluvial 38 material contact. 39 40 ~ The identified impact(s) will be mitigated to a level of insignificance by the 41 following measures to be incorporated into the project: 42 43 1. Utilization of proper design and construction techniques to minimize damage 44 from ground shaking: 45 Nes. No ............... ~............. N.C:S. ,- 4 2 4 6 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 a. Spread footings placed on properly compacted fill for buildings. Wall and column footings should 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. Utilization of proper engineering techniques during design of excavation, grading and site preparation improvements: a. Mitigation of effects of expansive soils, including moisture conditioning or excavation of expansion 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. B. Potential impacts to flood control, drainage and water quality were identified as follows: 1. Decrease in water quality of local runoff. due to high levels of urban contaminants. 2. Stormwater runoff increase due to development of the site, thereby adversely affecting up and/or downstream properties. 3. Alteration of the water surface elevation of the Petaluma River and Capri Creek from existing conditions. 4. Channel ovoe o~ed d e elo mentathan under existing cond~itionsly on the site, with the p p P 5. Possible erosion of river banks, thereby intruding into riparian buffer zone. 'The identified impact(s) will be mitigated to a level of insignificance by the following measures to be Incorporated into the project: Private streets and parking lots within the site shall be cleaned and swept weekly to minimize the amount of contaminated runoff. Materials and/or debris collected by cleaning activities shall be disposed of properly to Clty staff approval. 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 the 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 2 collection system is in use for the proposed or any future land use on this parcel. Said program shall identify cleaning schedule (including peak cleaning demand periods prior to commencement of fall rains) and detail of cleaning methods 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 appropriate waste receiving facilities. A grogram shall be prepared by developer 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. 2. 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. Grading plans shall include erosion control plan, subject to review and approval of City staff. The erosion control plan shall specify measures to reduce both short- and long-term erosion problems. The plan shall address the following: a. location of all areas where vegetation will be removed b. location of fill c. methods of stabilizing these areas es of ve etation and timing .for d. areas to be revegetated, methods, typ g revegetation after grading e. methods to reduce runoff from graded areas f, methods to avoid sediment accumulation in the storm drain system 3. Prior to any development on Parcel "B", environmental analysis shall be undertaken including more specific potential impacts and mitigation measures needed to minimize adverse impacts to Capri Creek, Petaluma River riparian habitat, seasonal wetlands, or freshwater marsh. Mitigation measures shall include preparation of a riparian enhancement plan, including identification of creek setback based on environmental values. and hydraulic 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. Prior to any development on Parcel "C", environmental analysis shall be undertaken including more specific 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. 4. Development of the site shall be designed, in conformance with local City standards and applicable FEMA constraints, and shall .result in no net increase in flood elevations either upstream or downstream of the project site. To avoid increases in peak flows downstream from the building and pad area, all flows in excess of existing stormwater flows shall be detained onsite 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. 3 ~~~~~~-~~~1Vr~ 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 C. No construction of buildings or placement of fill shall occur within the floodway except as a~~roved for bank stabilization and/or erosion protection. If said stabilization and/or protection work is proposed, work shall be subject to review and approval of all appropriate regulatory and advisory agencies. 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. 5. Setbacks from the top of bank of the Petaluma River may vary in depth with an average in excess of 100' and a minimum area of 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 and to allow limited passive recreational enjoyment of the river corridor, in conformance with the details of im rovement and timing within the approved Biological Mitigation Plan (BMP The BMP shall be subject to review and approval 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. 6. Hydraulic capacity of the Petaluma River adjacent to and/or throw h the site 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 Village to the City of Petaluma with submission of the required petition prior to issuance of the first certificate of occupancy. 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 offer of dedication shall not inhibit or relieve the owner/operator/developer' of the Petaluma Factory Outlet Village of the responsibilities of the five (5) year maintenance requirement of the riparian enhancement program and improvements per the approved BMP. It is the City's intent to accept dedication of the river corridor and activate the Landscape/Hydraulic Maintenance Assessment District upon completion of the planting improvements to insure monitoring and maintenance is undertaken in compliance with the approved BMP. Potential impacts to biological resources were identified as follows: Parcel A (Petaluma Outlet Village): 1. Loss, isolation or substantial degradation of approximately 1 acre of seasonal wetland habitat, a portion of which is identified as a vernal pool. 2. Loss or substantial degradation of approximately .1 acre (of which .04 acre will be permanently occupied by bridge structure) of riparian scrub habitat. 3. Could result in indirect impacts in degradation of adjacent natural habitats. 4 ~~®a ~ _4 ~ ~~ N C S 4. Impact to wildlife populations from introduction of short-term construction noise, long-term artificial lighting and increased human activities within the parking area, access route and riverwalk pathway. Parcels B & C: 1. Loss, isolation and/or substantial degradation of up to .9 acre of seasonal wetland habitat, 2 acres of riparian habitat and .1 acre of freshwater marsh habitat along the Corona Creek remnant and seasonal wetlands in Parcel B and the unnamed tributary in Parcel C and the Petaluma River. 2. Could result in indirect impacts in degradation of adjacent natural habitats. 3. Impact to wildlife populations from introduction of short-term construction noise, long-term artificial lighting and increased human activities within the parking area, access route and riverwalk pathway. The identified impact(s) will be mitigated to a level of insignificance by the following measures to be incorporated into the project: Parcel A (Petaluma Outlet Village): A rare plant survey has been completed by the developer, which was subject to review and approval of the City of Petaluma prior to certification of the Final Environmental Impact Report. In addition, a biological mitigation plan (BMP) shall be prepared and implemented by the developer of the Petaluma Factory Outlet Village to create an on-site 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 and SPARC in consultation with reviewing agencies, prior to the issuance of any development permits. 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 plan shall identify measurable objectives, site locations, site preparation techniques, planting materials and methods, performance criteria, and maintenance/monitoring strategies. 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 for a period of five years following completion of the restoration, as determined by City staff. All costs associated with the monitoring, maintenance and reporting including related City administrative costs 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. Subsequent monitoring and maintenance (after the five year establishment period) shall. be undertaken by a Landscape/Hydraulic Maintenance Assessment District, 5 ~~~e ~ -a ~ ~ ~? ~ AT rr n 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. 2. The approved BMP 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. 3. Construction activities shall incorporate standard erosion and invasive exotic plant control measures to prevent degradation of adjacent habitats. Replanting of disturbed and/or graded sites shall occur in accordance with the approved Biological Mitigation Plan and to City staff approval. 4. 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; building interior work not involving construction vehicles; or non-noise generating activities. 5. 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. 6. On-site native vegetation and native riparian vegetation shall be retained to the greatest extent possible and incorporated into project design, subject to SPARC review and approval. Parcels B & C: 1. A rare plant survey has been undertaken by the owners/developers 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. As development of any project on Parcels B & C requires specific evaluation to address specific applicable impacts and appropriate mitigation measures, no direct immediate impacts are anticipated. 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. When further review occurs, particular emphasis should be placed on the need to identify, protect and enhance areas of significant features (trees, plants, water courses, etc.). D. Potential impacts to traffic/circulation were identified as follows: 1. Significant increase in traffic to Petaluma Boulevard North and to the boulevard intersections as follows: a. Boulevard/Payran Street -Magnolia Avenue b. Boulevard/U.S. Highway 101 southbound ramp 6 ~~~~. ~ ~ ~_ ~ ~~ ~ N C S c. Boulevard/Skillman Lane/Corona Road d. Boulevard/Stony Point Road/Industrial Avenue e. Boulevard/U.S.101/Old Redwood Highway = aggravation of the existing need for signals. f. Boulevard/new east/west overpass/interchange. 2. Increase need for an additional east/west overpass/interchange overpass and on-off ramps with H101. 3. Increase demand for transit services 4. Increase need for collector road, as identified within the Petaluma General Plan, in vicinity of River Oaks project site. The identified impact(s) will be mitigated to a level of insignificance by the following measures to be incorporated into the project: Note: The mitigation measures set forth in this section do not correspond numerically with the identified impacts section. Physical improvement conditions shall be satisfied with timing and standards of construction subject to approval of the Director of Engineering. Timing and method of payment of proportionate share of improvements set forth as conditions shall be determined by the City prior to issuance of development permits. The Petaluma Factory Outlet Village shall contribute a proportional, fair share, of traffic signal installation and/or upgrade costs at the following intersections: a. Petaluma Boulevard North at Stony Point Road/Industrial Avenue. b. Corona Road at Industrial Avenue. The proportional fair share contribution shall be based upon the project related increase in PM peak hour traffic volume at the intersection, as determined by the City Traffic Engineer and shall be incorporated into project conditions of approval. The following improvements shall be designed and installed, with all associated costs to be paid by the Petaluma Factory Outlet Village developer: a. All necessary physical improvements and/or signal upgrades to the Payran Street/Magnolia Avenue/Petaluma Boulevard North intersection. b. Shoulder widening (paving) and associated improvement adequate to provide off-street bus pull-out area for two school bus stops along Petaluma Boulevard North (just south of Jesse Lane, and just north of Pine Tree Lane).. 7 Developer of the Petaluma Factory Outlet Village may request proportionate reimbursement from previously constructed projects who contributed to these .specific improvements and/or future developments which are shown to have a proportionate impact to the need for these improvements, subject to approval of the City Council. Developer of the Petaluma Factory Outlet Village shall design and install the following improvements, subject to review and approval of City staff and other appropriate agencies, prior to issuance of the first certificate of occupancy. a. Installation of interim traffic signals at the Petaluma Boulevard North/Old Redwood Highway/U.S. Highway 101 freeway southbound and .northbound on-off ramps. Developer's fiscal responsibility toward this overall improvement project shall be limited to the proportionate fair share applicable to the projected traffic volumes from the Petaluma Factory Outlet Village project. 2. The Petaluma Factory Outlet Village developer shall participate in the cost of construction of the proposed collector street connecting the proposed east/west overpass/interchange extension or other east/west overpass to Corona Road. The amount of participation shall be determined through the fundin mechanism put in place to fund the construction of said collector road ~e.g.: assessment district). The Petaluma Factory Outlet. Village developer shall execute a binding agreement, prior to issuance of a development permit, acknowledging and agreeing to participate in said funding mechanism to the extent of the appropriate proportionate fair share.. 3. The Petaluma Factory Outlet Village shall provide, prior to issuance of the first Certificate of Occupancy, a temporary secondary emergency and construction vehicle access to Corona Road, until access is provided by the completion of the required collector road. 4. The project developer(s) of the Petaluma Factory Outlet Village shall contribute to the proposed east/west overpass/interchange and connectors project overall project costs. To comply with this obligation, the Petaluma factory outlet village developers have offered 1.2 million dollars. Method and timing of payment shall be agreed upon between the developer and City staff prior to issuance of the first development permit. 5. 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 factory outlet village. Location and design shall be subject to City, Sonoma County Transit and Golden Gate Transit staff review and approval. 6. The Petaluma factory outlet village developer(s) 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 City-wide study because of unique use of project site. 8 7. Specific, vicinity and area-wide impacts and mitigations associated with proposed projects on Parcels B and C shall be identified and implemented concurrent with environmental analysis of specific project proposals for these sites. Development of Parcels A, B & C shall include provision. of mutual parking and circulation easements prior to issuance of development permits. 8. The following modifications to Petaluma Boulevard North shall be incorporated into 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. 9. 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 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. E. Potential impacts to Visual Quality/Aesthetics were identified as follows: 1. Loss of views from Highway 101 and Petaluma Boulevard North to existing open landscape of site. 2. Partial alteration of existing views of waterway corridor. The identified impact(s) will be mitigated to a level of insignificance by the following measures to be incorporated into the project: Design of all proposed development shall incorporate the following: a. Preservation of the natural features of the site, particularly the large tree(s), and incorporation of the features into the development, subject to SPARC review and approval. 9 b. Design development within the River Oaks project to reflect the landscape, roof shapes, materials and colors to lend an agricultural flavor to the development. The intent of the outlet village project is to simulate the design of Petaluma's agricultural buildings and retain Petaluma's rural agricultural image, and reduce apparent height, bulk and mass of structures through the application of design principles which integrate buildings with natural amenities. 2. The developer of the Petaluma Factory Outlet Village (Parcel A) will create a riverwalk consistent with the approved BMP, which will include enhancement of riparian habitat along the Petaluma River and provision of public access for passive recreational activity, i.e., walking, biking, sitting. The riverwalk will be designed to be extended through Parcels B and C at the time those parcels are developed. The proposed riverwalk improvements will be subject to review and approval by SPARC, with review and comments from the Departments of Community Development, Parks and Recreation, Police and the State Department of Fish and Game. 3. Any existing overhead and all proposed utility lines traversing, adjacent to and/or serving the project sites shall be undergrounded as development occurs (except where utility lines cross the River under the bridge), unless exempted by City code, to reduce visual and aesthetic impacts. F. Potential impacts to Public Services were identified as follows: Water Service: Need to update Water Master Plan which does not provide for intensity of proposed project. 1. Project requires major line extensions to sustain fireflow demands of 2,500 to 5,000 gallons per minute. Sewer Service: 1. Need to update Sewer Master Plan which presently shows low-intensity uses on the site. Note: Since preparation and distribution of the Draft Environmental Impact Report, the City has undertaken the replacement of the pump at the Wilmington Pump Station with a larger pump which is adequate, at this time, to handle anticipated project flows. 3. Potential cumulative impacts to trunk line and plant capacities. Police Protection: Generates need for additional police services at buildout of project site. Fire Protection: 1. Project generates need for extension of water mains and installation of hydrants and associated improvements to provide adequate fire flows to meet fire suppression needs. 10 1 2 2. Peak fl o erflownlnt lghelparking area, thereby ctrea ing potent al ha and to 3 and/o 4 life and/or property. 5 6 3. Shlatst n res one and/or evacuagon times entry point into site could create 7 de Y P 8 9 4. Additional traffic on Petaluma Boulevard North, generating need for signa 10 at entry point, could cause significant delay to through traffic movements by 11 emergency vehicles. 12 13 Telephone/Gas/Electric/Solid Waste 14 15 1. Generates need to extend existing facilities to serve site. 16 17 2. Need to provide adequate on-site areas to insure operation of a successfu 18 recycling program. 19 20 The identified impact(s) will be mitigated to a level of insignificance by t e 21 following measures to be incorporated into the project: 22 23 Water Service: 24 25 1. The applicants/developer(s}, of the River Oaks project site (Parcels A, B an 26 C), shall be responsible for submission of relevant information and 27 calculations for the updating of the Water Master Plan, prior to issuance of 28 any development permits, to lnsure provision of adequate water service for 29 the proposed project as well as the properties within the potential service 30 area under the general plan and zoning land use designation, subject to 31 review and approval of Clty staff. The possible need for looping of the 32 present water main system shall be determined as a function of this plan 33 update. 34 35 2. Applicants/Developer(s), (Parcels A, B and C), shall be responsible for the 36 extension of all water mains needed to serve that specific project site, 37 providing sizing as dictated by the Director of Engineering. Extension 38 improvements shall include provision of stub-outs to property lines for future 39 extensions as deemed appropriate by the City of Petaluma to serve future 40 needs. A payback agreement may be requested by the developer to provide 41 for proportionate reimbursement from remaining River Oaks projects and 42 other future development benefitting from utility line extension and upsizing 43 beyond those improvements needed to serve the remaining projects, subject 44 to approval of the City Council. 45 46 Sewer Service: 47 48 1. The developer(s), of the River Oaks project site (Parcels A, B and C), shal 49 be responsible for the submission of relevant information and calculations 50 for updating of the Sewer Master Plan, prior to issuance of any development 51 permits, to lnsure provision of adequate carrying and servicing capacity for 52 the proposed project and surrounding sewer basin, subject to review and 53 approval of City staff. 54 11 1 2. Developer(s), of the Petaluma Factory Outlet Village shall be responsible for 2 all main extensions to serve that specific project, including pump stations 3 (excluding new pump stations beyond that which is required for development 4 of Parcels A, B and C), to be sized and designed to handle sewage flow from 5 the service sub-area boundaries (specifically CS8 and CS9, City of Petaluma 6 Sanitary Sewer Master Plan). Sewer line shall be extended to the project 7 boundaries at Petaluma Boulevard North, and utility easements for a future 8 pump station site shall be granted, to provide for extensions without future 9 disruption to developed properties within the River Oaks area. A payback 10 agreement may be requested by the developer to provide for proportionate 11 reimbursement from future development benefitting from utility line 12 extension and pump station upsizing beyond capacity needed for the River 13 Oaks projects, subject to approval of the City Council. 14 15 Police Protection: 16 17 1. Incorporation of Police Department recommendations into development 18 improvements, including but not limited to: 19 20 a. Provision of secondary access point to serve project(s). 21 22 b. Location of security office on an outside perimeter line of the project, 23 to all extent possible (Factory Outlet). 24 25 c. Inclusion of routine crime prevention features into project (Factory 26 Outlet) such as lighting, vandal resistant fixtures, locks. 27 28 Fire Protection: 29 30 1. Provision of adequate water main extensions to provide necessary fire flows. 31 Developer of the Petaluma Factory Outlet Village shall be responsible for 32 the installation of all required fire hydrants and related improvements, 33 subject to review and approval of City staff: 34 35 2. A relocation plan shall be developed by the Factory Outlet Village 36 proponent to include an early warmng device, monitored by the on-sate 37 security to provide a timely evacuation of persons and/or vehicles at time of 38 inundation of the parking area(s). Relocation plan shall be subject to review 39 and approval by City staff prior to issuance of the first certificate of 40 occupancy. An indemnification agreement, subject to approval of the City 41 Attorney, shall be executed prior to issuance of the first Certificate of 42 Occupancy to hold harmless the City in the event damage or loss of life 43 occurs in spite of or due to failure of the relocation plan. 44 45 3. A temporary emergency access road from development areas shall be 46 constructed, to provide for emergency ~ evacuation needs. Timing of 47 improvements, location and design shall be subject to City staff review and 48 approval. The temporary access road maybe eliminated, subject to City staff 49 determination, at such time as the collector road is constructed and available 50 for public access. 51 52 4. Project applicants shall purchase a transmitter and radio equipment to allow 53 emergency vehicle override of the new signal at Petaluma Boulevard North 54 and the project access. Timing of purchase and specific brand of equipment 12 ~~~~. 9 ~ ®~ ~ ~ ~ C shall be as deemed appropriate by the City Fire Chief and shall be completed in conjunction with signal improvement installation. 5. All projects shall be required to meet current Building and Fire Code fire protection requirements, in effect at time of building permit issuance, subject to City staff review and approval. Telephone/Gas/Electric/Solid ~1Vaste: 1. All required utility facilities shall be extended to serve the project site, at the cost of the developer of the Petaluma Factory Outlet Village, or whichever River Oaks project to first obtain development permits. All existing and new utility lines serving or crossing the project site shall be converted to and/or installed underground, except where lines cross the Petaluma River under the bridge crossing. Public improvements shall include providing stub-outs to project boundaries, as deemed necessary by City and utility company staff, to avoid disruption of developed areas in the future. 2. A recycling program shall be developed by the Factory Outlet Village developer to provide for adequate, convenient facilities to promote an active tenant recycling program, subject to SPARC review and approval (with review and comments requested from the local waste management company) prior to issuance of first certificate of occupancy. If local, regional or state guidelines are adopted which relate to improved recycling procedures, the project shall comply with all applicable measures. G. Potential impacts to Fiscal/Economic were identified as follows: 1. Increase to existing demands on municipal services and existing public improvements. 2. Potential loss of revenue to existing retail businesses. 3. Potential reduction in available employment generating business opportuiuties. The identified impact(s) will be mitigated to a level of insignificance by the following measures to be incorporated into the project: The payment of Community Facilities Impact Fees by all development within the River Oaks project site. 2. The payment of proportionate, fair share contributions by the developers of the Petaluma Factory Outlet Village to offset identified impacts to specific public facilities (e.g.: signalization and roadway improvements, public utility upgrading, etc.). 3. Defining minimum percentage requirement for occupancies within. Petaluma Factory Outlet Village to be manufacturer's outlets. 4. Consideration of providing restrictions or minimum re ttirements for proposed development on Parcels B and C to encourage and/or require high employment uses. 13 H. Potential impacts to Noise Quality were identified as follows: 1. Generation of noise during construction periods. 2. The DEIR concludes that "As the project site develops noise levels should be monitored along Petaluma Boulevard North to determine potential impacts upon rural residences. If necessary, noise walls and other sound buffers should be constructed to minimize potential noise impacts. If such sound buffers are demonstrated to be necessary or desirable, the developers of the Petaluma Factory Outlet Village and River Oaks should contribute a proportionate share of the cost of such buffers. It should be noted, however, that the proposed project in itself does not precipitate the potential noise problem. All development contributes to the increase of traffic along arterial streets and the accompanying noise impacts on houses on or near those arterial streets. Also, long stretches of walls along streets without room for adequate landscaped setbacks can present a dreary streetscape. The identified impact(s) will be mitigated to a level of insignificance by the following measures to be incorporated into the project: 1. Limit of construction hours and days, as previously noted in listed mitigation measures. I. Potential impacts to Air Quality were identified as follows: 1. Increased traffic emissions from additional traffic generated from developed project site. 2. Increase of dust particulates during construction phases. 3. Increase of noticeable odors in vicinity of developments. The identified impact will be mitigated to a level of insignificance by the following measures to be incorporated into the project: 1. Payment, by the developer(s) of the River Oaks projects (including Parcels A, B and C), of the City Traffic Facilities Mitigation Fee, in effect at the time of building permit issuance. 2. The following construction practices shall be implemented for construction of the Petaluma Factory Outlet Village project, 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 watering activity may be deemed necessary when wind speeds exceed 15 miles per hour. b. Soil piles and/or other construction materials shall be protected by berms, where deemed necessary by staff, to avoid spillage onto traffic lanes. c. Haul and/or construction roads shall be watered as frequently as necessary for dust suppression. ~~S~e c~ 14 ~ `~ c N C S d. All trucks hauling soils or similar dust generating material shall utilize tarpaulins or sinularly 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. e. Disturbed, graded, or exposed soil areas shall be replanted or paved as soon as practical. f. The developer of the Petaluma Factory Outlet Village shall designate a job superintendent or responsible person to monitor the above dust control program, authorized to order increased watering, if deemed necessary by City staff. g. All restaurants located on the project site (Petaluma Factory Outlet Village) shall utilize processes that .insure compliance to BAAQMD Regulation No. 10 and City performance standards relative to odor emissions. J The identified impact(s) will be further addressed on a City-wide basis b~ City Council discussion and consideration of the following measures during review of specific projects: 1. Direct staff to assess feasibility of the formulation and implementation of a City-wide TSM program, requiring developments to participate in financing the feasibility study, plan formulation or implementation costs. 2. Identification of possible locations for light rail transit and related shuttle service facilities. This may be particularly applicable to development of Parcel B. 3. Identification of possible locations for development of park-and-ride lots. Potential impacts to Energy were identified as follows: Short-term significant use of energy during construction periods; and long- term consumption from operation and maintenance of development. The identified impact(s) will be mitigated to a level of insignificance by the following measures to be incorporated into the project: Project shall comply with California Energy Code Title 24. K. 2. Project shall be designed 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. Potential impacts to Agricultural Issues were identified as follows: 1. Permanent loss of agricultural land. 15 1 The identified impact(s) will be mitigated to a level of insignificance by the 2 following measures to be incorporated into the project: 3 4 1. Restriction of urbanized development to areas set forth within the Petaluma 5 Urban Limit Line, thereby insuring continuing protection of outlying 6 agricultural areas (see also biological resources, visual quality/aesthetics 7 sections). 8 9 L. Potential onsite and offsite alternatives were identified as follows: 10 11 Onsite alternatives 12 13 1. No project 14 15 2. Higher Density (Regional Shopping Center) 16 17 3. Reduced Density (Business Park) 18 19 4. Kortum/Waxman Concept Plan 20 21 Offsite alternatives 22 23 5. W. Railroad Avenue/Stony Point Road site 24 25 6. McDowell Boulevard North 26 27 7. Willey Creek (Sonoma Wine Country Gateway) 28 29 BE IT FURTHER RESOLVED THAT in accordance with Section 21081(c) of the 30 California Environmental Quality Act and Section. 15091(a)(3) of the CEQA Guidelines, 31 the above alternatives are found to be infeasible due to economic, social, environmental, 32 legal, technological and other factors: 33 34 1. No Project. This alternative provides little or no potential for increased 35 revenue generation for the City of Petaluma from either sales tax or property 36 tax. This alternative would not meet the City's goal of increasing 37 employment. This alternative would provide no way of paying for riverwalk 38 amenities. This alternative is contrary to the General Plan's designation of 39 this site for urban development. 40 41 2. Higher .Density (Regional Shopping Center). It is unlikely that this 42 alternative would be economically viable in this location due to inadequate 43 retail market demand related to retail competition from the new Rowland 44 Plaza in Novato and existing retail. centers in Santa Rosa and Corte Madera. 45 46 3. Reduced. Density (Business Park). This alternative would not provide the 47 City of Petaluma with a significant amount of sales tax or property tax 48 revenue increase in contrast to the proposed project. 49 50 4. Kortum/Waxman Concept Plan. Some of the property included in this 51 alternative is not owned or controlled or otherwise available to the project 16 ~~®e ~ ~ ° .~ `? `~ N C ~ developers. Delaying the development of the project until after the City completes the River and open space plan, as proposed by the proponents of this alternative, could jeopardize the financial feasibility of the project. With an expanded river corridor and other design changes, this alternative could reduce the area allowed for the outlet village project which could result in the project being financially infeasible. The applicant states that based on prior experience, 190,000 to 200,000 square feet is necessary to finance and maintain a successful project of this kind. Some vendors require being in a complex of that size to even consider leasing space. In addition, the substantial up-front costs to build require a certain square footage to assure lenders that the completed project will generate revenues that can sustain the total project financing costs. This alternative's placement of the outlet village on Parcel C would require fill of wetlands on Parcel C that the Draft EIR recommends for protection. 5. W. Railroad Avenue/Stony .Point .Road site. This alternative site is not owned, controlled or otherwise available to the project developers. This site is under Williamson Act (agricultural land) contract and the Sonoma County band Trust holds a conservation easement over the site. The site lies entirely outside of the City of Petaluma city limits and outside of Petaluma's Sphere of Influence boundary. This site is designated in the Sonoma County general plan as a "Community Separator" to provide space between urban areas and to retain Sonoma County's countryside atmosphere with low-density rural uses, predominantly agriculture and open space. 6. McDowell Boulevard North. This site is not owned, controlled or otherwise available to the project developers. This site has adjacent land uses that are less compatible and less aesthetically desirable than those of the project site or project to be on the project site. This site does not offer the opportunity far a riverwalk as part of the project nor does it offer the appropriate setting for a farm structure design theme. Development of this site requires construction of the east/west overpass/interchange to relieve congestion on Washington Street and McDowell Boulevard. Development of this site requires substantial up-front costs to resolve access and transportation issues. 7. Willey Creek (Sonoma Wine Country Gateway). This site is not owned, controlled or otherwise available to the project developers. This site has several parcels with multiple ownerships and multiple potential developers, making the development more complicated. This site is only 21.7 acres and would not accommodate the outlet village and other compatible uses anticipated in the overall River Oaks project. Development of this site would be constrained by onsite utility easements. The parcel size and shape would not lend itself to the clustered, village design proposed by the developers of the Petaluma Factory Outlet Village. In conclusion, the following irreversible adverse impact is identified that cannot be significantly a?leviated by the mitigation measures recammerded in the repart: 1. Agricultural Land. Conversion to non-agricultural uses will have a small but irreversible impact on the City's and region's inventory of agricultural land (see Section IV. K. of the DEIR). 17 ~~'~~ ~ - ~ ~ ~. ~ N C S 1 BE IT FURTHER RESOLVED THAT in accordance with Section 15093(b) of the CEQA 2 Guidelines, the adverse impact identified above can be found acceptable based on the 3 following overriding considerations: The project site is and has been within the recognized General Plan Urban Limit Line and, therefore, considered by the City as sultable for urban development at some point in time consistent with the General Plan and related City development policies. The site was not designated for either open space or agriculture but for lndustrial development similar in intensity to the proposed project. 2. The City's policy decision reflected in the previous statement recognizes that some loss of agricultural land, such as would result from the development of the proposed project, is acceptable in order to achieve the social and economic benefits associated with urban development of agricultural land. Such benefits in this instance include the net positive fiscal impact to the City from retail development which generates sales taxes. The resulting revenue stream to the City may be used to fund capital improvements and social service programs benefitting residents and businesses within the City. 20 BE IT FURTHER RESOLVED THAT implementation of the specific findings of 21 mitigation contained herein shall be accomplished through the conditional approval of the 22 PCD Master Plan Program for the River Oaks/Petaluma Outlet Village project and hereby 23 incorporates, by reference, the Resolution setting forth said conditional approval. 24 25 26 rofindin /ro disc2 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) (Adjourned) (Special) meeting „------~,b form on the ......~i .................. day of ...---.May............................................., 19...x.1., by the - ' - following vote.: .. ~•.._..:. City Attorney AYES: Read, Davis, Woolsey, Sobel, Vice Mayor Cavanagh, Mayor Hilligoss NOES: Nelson ABSENT: ~ ~~ ~~{¢--,, ~ ATTES'T' : .............~{.1..c.e~I...IrC~ . .. ...........---........................ ........:.. City Clerk g ~ /~ /~1 ~`g~ Mayo CA 10-85 ®~~1.~'~'i„~~ R..~E.~.~~~ cNilFi19.1~~.2~......-[v.C.s.