Following the Petaluma City Council's approval of an environmental report on the Friedman's-anchored Deer Creek Village Shopping Center during an emotional, six-hour meeting on Monday, the developers say they hope to break ground on the long-delayed project this summer, but that a potential lawsuit or unanticipated problems with the project's design approval could delay those plans.
The Council approved the Environmental Impact Report for the development in a 4-3 vote, with Mike Healy, Mike Harris, Chris Alberston and Gabe Kearney voting to certify it. Vice Mayor Tiffany Renee, Teresa Barrett and Mayor David Glass voted to reject it.
While the EIR is considered the biggest step in the approval process, developer Merlone Geier Partners must clear one last hurdle - having the design and architecture plans approved by the Planning Commission. Merlone Geier Partners and Friedman's Home Improvement said that, assuming that process goes smoothly, they hope to have Friedman's open for business by the summer of 2013.
They recognized that their timeline could change if the design review process drags on. Also, a lawsuit by one of the neighborhood groups or individuals who found fault with the EIR could further delay the project's entitlement process, which was first initiated in 2008.
Opponents have worked with lawyers to submit comments criticizing the EIR, though neither group has said outright that it will take legal action.
Still, their concerns were part of what caused the developer to delay the original Feb. 27 hearing for the project. Those concerns focused on traffic, mainly related to the feasibility of the long-awaited Rainier Cross Town Connector being built as mitigation for traffic.
The City took more than a month to respond to those objections, but some were not satisfied by staff's response.
"What happened last night was exactly what we anticipated," said former Council Member Janice Cader-Thompson, whose lawyer, Brigit Barnes, submitted a letter criticizing the EIR on behalf of Cader-Thompson, her husband Gerald Thompson, and the Park Place Neighborhood Association. "It didn't address (our concerns about) flooding or traffic."
Cader-Thompson added that she is talking with Barnes about what actions to take next. Barnes has also represented Syers Properties, the group that owns the Plaza North Kmart shopping center.
When asked whether or not she would file a legal challenge to the EIR, Cader-Thompson declined to comment.