2010/08/24 City Council Resolution 2010-104RESOLUTION NO. 2010-104
A RESOLUTION OF THE CITY COUNCIL OF THE
.CITY OF ROHNERT PARK APPROVING THE SONOMA MOUNTAIN VILLAGE
PLANNED DEVELOPMENT CONDITIONAL USE PERMIT LOCATED AT VALLEY
HOUSE DRIVE AND BODWAY PARKWAY (APN'S 46-051-040,46-051-042, and 46 -051-
045)
WHEREAS, the applicant, Sonoma Mountain Village, LLC and KDRP LLC, filed
Planning Application No. PL2006 -053PD proposing to rezone property from its current
designation, I -L (Limited Industrial), to P -D (Planned Development), and related certification of
a Final Environmental Impact Report ( "EIR ") for real property located at Valley House Drive
and Bodway Parkway (APN'S 46 -051 -040, 46 -051 -042, and 46 -051 -045) in connection with a
proposed mixed -use project known as Sonoma Mountain Village (the "Project "), in accordance
with the City of Rohnert Park Municipal Code ( "RPMC "); and
WHEREAS, in conjunction with the above described rezoning and establishment of the
Sonoma Mountain Village Planned Development on the Project site, Application No. PL2006-
053PD seeks issuance of a Conditional Use Permit to further clarify the details of the Sonoma
Mountain Village Planned Development, to ensure that each Project component complies with
the established provisions of the Planned Development, to refine the Final Development Plan,
and to implement and govern all future phases of the Planned Development; and
WHEREAS, the Planning Commission reviewed the Final EIR prepared for the Project;
recommended certification by the City Council and has otherwise carried out all requirements for
the Project pursuant to CEQA; and
WHEREAS, pursuant to California State Law and the RPMC, public hearing notices
were mailed to all property owners within an area exceeding a three hundred foot radius of the
subject property and a public hearing was published for a minimum of 10 days prior to the first
public hearing in the Community Voice; and
WHEREAS, on July 22, 2010, the Planning Commission held a public hearing at which
time interested persons had an opportunity to testify either in support or opposition to the
proposal; and
WHEREAS, on August 24, 2010, the City Council held a public hearing at which time
interested persons had an opportunity to testify either in support or opposition to the proposal;
and
WHEREAS, the City Council has certified the Final EIR for the proposal in Resolution
2010 -101; and
WHEREAS, the Planning Commission and City Council have reviewed and considered
the information contained in Planning Application No. PL2006 -053PD for the Conditional Use
Permit for the property; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert
Park makes the following findings, determinations and recommendations with respect to the
Conditional Use Permit:
Section 1. The above recitations are true and correct.
Section 2. The City Council has certified the Final EIR for this Project, including
adoption of associated CEQA Findings, Statement of Overriding Considerations, and the
Mitigation Monitoring and Reporting Program, in Resolution No. 2010 -101, approved on August
24, 2010 concurrently with the City Council's approval of this Resolution.
Section 3. Findings. The City Council hereby makes the following findings
concerning the Conditional Use Permit for the Sonoma Mountain Village Planned Development
proposed by Planning Application No. PL2006- 053PD:
That the proposed location of the conditional use is consistent with the objectives
of the zoning ordinance and the purposes of the district in which the site is
located.
Criteria Satisfied. The proposed location is entirely within the area of the
Sonoma Mountain Village Planned Development Final Development Plan and is
submitted in conformance with the RPMC which requires Conditional Use Permit
approval in conjunction with a Planned Development.
2. That the proposed location of the conditional use and the conditions under which
it would be operated or maintained will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity, and that the operation and maintenance of the conditional use will be
compatible with the surrounding uses.
Criteria Satisfied. The proposed location is entirely within the area of the
Sonoma Mountain Village Planned Development. Issuance of the Conditional
Use Permit is required for the proposed Project to proceed. As described in the
staff report, the proposed Project will be in conformance with the Final
Development Plan and related entitlements concurrently proposed with the
application for Conditional Use Permit, and will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or improvements in
the vicinity. Furthermore, the proposed Project will be integrated with
surrounding neighborhoods, streets, walkways, transit centers, and bicycle paths,
and therefore be compatible with surrounding uses.
3. The proposed conditional use will comply with each of the applicable provisions
of this title.
Criteria Satisfied. The proposed Conditional Use Permit is sought concurrently
with approval of the Sonoma Mountain Village Planned Development Final
Development Plan and related entitlements as required by the RPMC, and adheres
to all requirements of the RPMC for its issuance.
Section 4. A duly noticed public hearing on the proposed Conditional Use
Permit was held on August 24, 2010.
NOW, THEREFORE, BE IT FURTHER RESOLVED, THAT the City Council
does hereby adopt the Findings stated hereinabove and approve Application No. PL2006- 053PD,
as follows:
A. The City Council does hereby approve the Conditional Use Permit for the
Sonoma Mountain Village Planned Development, subject to those conditions of approval set
forth in. Exhibit A, attached hereto and incorporated herein.
DULY AND REGULARLY ADOPTED on this 24th day of August 2010 by the City of
Rohnert Park City Council.
Attest:
City C
BELFORTE: AYE BREEZE: NO CALLINAN: NO MACKENZIE: AYE STAFFORD: AYE
AYES: (3) NOES: (2) ABSENT: (0) ABSTAIN: (0)
Exhibit A
Conditions of Approval
Sonoma Mountain Village Planned Development Approval
The conditions below shall apply to the Sonoma Mountain Village (SMV) Planned
Development project. All conditions run with the land and apply to all development
within the SMV Planned Development property, unless otherwise noted.
General Conditions
1. All applicable provisions of the City of Rohnert Park Municipal Code, as amended by
Ordinance No. 823, and Ordinance No. 824 and as subject to the Sonoma Mountain
Village Development Agreement (DA) approved by Ordinance No. 825, are made a
part of these conditions of approval in their entirety, as if fully contained herein.
2. The violation of any condition listed herein shall constitute a nuisance and a violation
of the City of Rohnert Park Municipal Code. In conformity with Chapter 1.16 of the
City of Rohnert Park Municipal Code, a violation of the City of Rohnert Park
Municipal Code may be an infraction or a misdemeanor and shall be punishable as
provided by law. In addition to criminal penalties, the City may seek injunctive
relief. The Applicant agrees to pay for all attorney's fees and costs, including, but not
limited to, staff time incurred by the City in obtaining injunctive relief against the
Applicant as a result of a failure of the Applicant to fully perform and adhere to all of
the Conditions of Approval.
3. The Applicant agrees to defend, indemnify, hold harmless and release the City of
Rohnert Park, its agents, officers, attorneys and employees from any claim, action or
proceeding brought against any of the above, the purpose of which is to attack, set
aside, void, or annul the approval of this application or certification of the
environmental document which accompanies it. This indemnification obligation shall
include but not be limited to, damages, costs expenses, attorneys', or expert witness
fees that may be asserted by any person or entity, including the Applicant, whether or
not there is concurrent passive or active negligence on the part of the City, its agents,
officers, attorneys or employees,
Project Conditions
4. By accepting the benefits conferred under the SMV Planned Development, the
Applicant acknowledges all the conditions imposed and accepts the SMV Planned
Development subject to those conditions. The use of the property by the Applicant
for any activity authorized by the SMV Planned Development shall constitute
acceptance of all of the conditions and obligations imposed by the City on the SMV
Planned Development. The Applicant by said acceptance waives any challenges as to
the validity of these conditions.
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Conditions of Approval 1
5. Each phase of development shall be designed, approved and installed to be consistent
with the overall buildout of the Sonoma Mountain Village Final Development Plan,
the SMV P -D Zoning District and City of Rohnert Park General Plan.
6. The SMV Planned Development and each development phase shall comply with all
applicable mitigation measures established in the Environmental Impact Report (EIR)
for the Sonoma Mountain Village (SCH # 20070521116). Subsequent environmental
review shall be prepared and certified for any development phase or portion of a
phase that results in project - specific impacts not previously addressed in the certified
EIR. Projects implementing the Final Development Plan and each development
phase shall also comply with the implementation, monitoring and reporting
requirements for each mitigation measure established in the Mitigation Monitoring
Program adopted with the SMV Planned Development EIR. Costs of implementing
and monitoring the mitigation measures shall be borne by the Applicant and any
successors -in- interest.
7. An assessment district or other funding mechanism approved by the City Attorney
shall be formed by the Applicant encompassing the entire SMV Planned
Development property to fund and assure the long term maintenance of the common
area street lights, storm water mitigation facilities, common area park sites and
common area landscaping and private water, sewer, and storm drainage systems. A
Covenant, Condition and Restriction (CC &R) shall.be placed on the project requiring
that if the residents vote out the assessment district a homeowners association shall be
formed for the purposes of maintaining the facilities previously maintained by the
assessment district.
8. All elements of each Improvement Plan that require an exception or permission as set
forth in the City of Rohnert Park Manual of Standards, Details and Specifications
(City Standards) shall be noted. in a letter along with supporting engineering
information.
9. The Applicant and any successors -in- interest shall ensure that the SMV Planned
Development maintains the standards of the current One Planet Communities
program (as detailed in the EIR and FDP). Compliance with this requirement shall be
demonstrated during annual review of conditions.
10. Disclosure statements shall be provided to all future onsite residents to inform them
of possible sleep disruption due to vibration from ongoing construction onsite.
Disclosure statements shall be approved by the City Attorney prior to issuance of the
first Certificate of Occupancy for any new construction within the SMV Planned
Development.
11. The Applicant shall enter into water and sewer services agreement(s) with the City
detailing permanent operation and maintenance of private onsite water and sewer
systems. The water and sewer services agreement(s) shall include provisions for the
costs for water and sewer services provided by the City. Cost of sewer services shall
include costs of transmission through the City system, pumping from the City system
to the Regional Treatment Plant and treatment of the wastewater. The costs of water
service shall include the cost of water supply by the SCWA, and the cost of
transmission and storage through the City System. The agreement shall be in a form
SMV Planned Development 812512010
Conditions of Approval 2
approved by the City. The Applicant shall execute this agreement prior to issuance of
the first building permit and it shall include provisions that the agreement is binding
on future property owners and successors in interest.
Design and CC &Rs Conditions
12. Prior to any new construction, the Applicant shall prepare Design Standards
applicable to all development in the SMV Planned Development project site as
required by the SMV P -D Zone District (Chapter 17.06 Article XV, commencing at
Section 17.06.800, of the City of Rohnert Park Municipal Code). The Design
Standards shall be reviewed and approved by the City of Rohnert Park Planning
Commission prior to their use by the Sonoma Mountain Village Design Review
Board.
13. Landscaping shall be constructed in accordance with the State Water Efficient
Landscaping Ordinance (State Ordinance), or in accordance with water conservation
standards which meet or exceed the requirements of the State Ordinance. The
Applicant shall submit a landscaping and irrigation plan that identifies landscape
material types and locations, irrigation, water usage calculations, and other
information as required. The plan shall be submitted and reviewed by the
Development Services Department with each project, map or phase. All costs for
review of the requirements of the State Ordinance shall be borne by the Applicant.
All landscaping and irrigation subject to the State Ordinance shall be substantially
complete prior to the issuance of a Certificate of Occupancy.
14. Street Tree planting details shall be based upon a mutually agreed upon standard that
includes the following:
a. Tree landscape planter strips, where required by the SMV P -D Zoning District,
shall be 5.5 feet or greater. Tree landscape planter strips shall be 5.5 feet or
greater on local roadways and 10 feet or greater on major roadways;
b. Trees planting area will be the greater of that recommended by Urban Tree
Foundation, City of Los Angeles Bureau of Street Services - Street Tree Division
Street Tree Selection, and the City of Santa Rosa.
c. Design details will consider soil volumes, open soil area, and root pathways.
15. The City Attorney shall review any Covenants, Conditions, and Restrictions
(CC &Rs) applicable to the subject property prior to recordation of the first Final Map
within the SMV Planned Development. Unless otherwise prohibited by the California
Department of Real Estate (DRE): (a) the CC &Rs shall name the City of Rohnert
Park as a Third Party Beneficiary; (b) the City shall approve any portion of the
CC &Rs that affect the SMV Planned Development entitlements and their
implementation, as determined by the City Attorney; (c) the CC &Rs shall be
consistent with the terms of the SMV Final Development Plan, SMV P -D Zoning
District, these conditions of approval and the City of Rohnert Park Municipal Code;
(d) where a conflict exists between the CC &Rs and the City regulations, the City
regulations shall prevail; and (e) the CC &Rs must demonstrate adequate funding
mechanisms for maintenance of onsite private infrastructure.
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Conditions of Approval 3
16. The Applicant shall submit a copy of any maintenance disclosure declarations for
private improvements (such as for maintenance of private streets and utilities) to the
City Engineer and City Attorney for review and approval. Maintenance
declaration(s) shall be required to be recorded concurrent with the recordation of a
Final Map or prior to City Engineer approval of infrastructure improvement plans or
for the respective design, whichever occurs first.
Project Infrastructure and Improvements Conditions
17. Onsite improvements (including roads, sewer, water, recycled water, storm drain
systems, and parks) shall remain private. Onsite improvements that will not remain
private are the future water tank, public safety station, existing (or relocated) storm
drain serving offsite areas, The water tank and public safety station shall be located in
the Civic Building Zone and shall be offered for dedication to the City.
18. The Applicant shall record or otherwise provide an easement for public access in
favor of the City over the parks, streets, and sidewalks within the SMV Planned
Development. The Applicant shall record or otherwise provide maintenance and
ingress /egress easements for the soccer field, public safety station, water tank, and
relocated storm drain pipe shown in Non - Project Stormdrain Depiction (Exhibit G of
the Development Agreement).
CC &R s shall require that streets shall be maintained to a minimum Pavement
Condition Index of 70. Sidewalks and bike paths shall be maintained to ADA
standards. Any facilities not meeting these minimum standards shall be brought up to
standard within 4 years. A consultant Engineer shall be hired every four years to
evaluate the site and provide PCI and ADA compliance report.
19. For each development phase, the Applicant shall obtain an Encroachment Permit for
equipment driving over City property and over public easements. A cash deposit to
secure the repair of any damages may be imposed at the discretion of the City
Engineer, as necessary.
20. For each development phase, if civil infrastructure improvement plans are submitted
then, construction cost estimates, soil reports, geology reports, and all pertinent
engineering design calculations shall be submitted simultaneously.
21. All onsite infrastructure shall, at a minimum, meet the most current State code
requirements regardless of provisions in these Conditions of Approval or the SMV P-
D Zoning District. All utility infrastructure shall meet the latest City Standards with
the following exceptions:
a. Roadway widths shall be per the SMV P -D Zoning District standards.
b. Utility offsets from curbs shall not apply.
c. Tree planting details.
d. Design exceptions approve by the City Engineer.
22. Development of park sites within the SMV Planned Development shall be
substantially consistent with the Parkland Acreage Map as approved by the Parks and
Recreation Commission on June 21, 2010.
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Conditions of Approval 4
EXHIBIT A
CONDITIONS OF APPROVAL
23. Utility plans for electric, gas, telephone, communication and cable TV shall be
submitted to the City Engineer and Development Services Director for review.
Onsite and offsite dry utility service shall be installed underground in accordance
with the City of Rohnert Municipal Code. Such utilities shall be undergrounded to
the nearest suitable riser pole as determined by the appropriate utility company. Any
above - ground structures shall be specifically approved by the Development Services
Director and screened or relocated as directed by the Development Services Director
or City Engineer.
24. All streets, curb radii, and fire hydrant placement will be subject to approval by the
Fire Marshal.
25. For each development phase, Improvement Plans shall include the following
infrastructure, which shall be complete and usable for that project area prior to
issuance of Certificates of Occupancy:
a. Looped water systems, sufficient for fire flows;
b. Complete storm drain systems with detention to mitigate the 20% of 2 year to 10
year storm within 10% of existing hydrograph, and 10 year to 100 year peak
flows and provide storm water cleaning meeting or exceeding SUSMP standards;
c. Complete sewer system draining to the City pump station on Camino Colegio;
d. Roadways with fire access; and
e. Pedestrian facilities.
26. The Applicant shall design and fund a City gateway monument stating "City of
Rohnert Park" for placement in the median at Bodway Parkway and Valley House
Drive prior to recordation of the first Final Map. Design shall be approved by the
Planning and Building Manager and the Director of Public Works.
27. At the time project construction begins on the SMV project site, the Applicant shall
construct a 1' to 8' solid concrete /masonry walls along the property line along the
northern side of Camino Colegio between Manchester Avenue and Mitchell Drive.
The new wall shall be designed to be the similar to the existing wall along Camino
Colegio between Manchester Avenue and Mainsail Drive. Applicant shall submit
wall design to Development Services Department for review prior to commencement
of construction. Applicant shall conduct outreach to affected parcels prior to
construction.
TRANSPORTATIONAND CIRCULATION
28. Prior to recordation of any Final Map within the SMV Planned Development, the map
shall include a note that states: "The private streets constructed within this map shall
be owned, operated and maintained by the developer, successors or assigns. The City
of Rohnert Park shall have no responsibility therefore unless pursuant to appropriate
sections of the Streets and Highways Code of the State of California, the said private
streets have been accepted into the City Road System by appropriate resolution of the
City Council."
SMV Planned Development 812512010
Conditions of Approval 5
29. Lighting standards for private streets and alleys shall be designed in accordance with
the Public Safety Department's requirements and the Sonoma Mountain Village
Design Standards.
30. The developer shall consult with Sonoma County Transit. Bus stops shall be
provided to the satisfaction of Sonoma County Transit and shall meet the minimum
requirements set forth in the City Standards.
31. Development of bicycle facilities within the SMV Planned Development shall be
substantially consistent with the Bicycle Circulation Plan included in the Final
Development Plan. This shall include construction of an off - street Class 1 bicycle
path alongside Bodway Parkway from Valley House Drive to Railroad Ave, and all
other improvements included in the Bicycle Circulation Plan.
32. The Class 1 bike path to the west of Phase 1 B shall be built prior to the first
Certificate of Occupancy in Phase 1 B.
33. The Class 1 bike path to the west of Phase 1 C shall be built prior to the first
Certificate of Occupancy in Phase 1 C.
34. The Class 1 bike path to the west and south of Phase 2 (between the railroad tracks
and Bodway Parkway) shall be built prior to the first Certificate of Occupancy in
Phase 2.
35. The Class 1 bike path from SMV to the SMART Station shall be built prior to the
first Certificate of Occupancy in Phase 2 or upon the completion of the SMART
station, whichever comes first. The bike path segment shall be dedicated to SMART.
36. The extension of Bodway Parkway from Valley House Drive to Railroad Avenue
shall be completed prior to the first Certificate of Occupancy in Phase 2, or at the
City's option, the money for the design and construction shall be provided in escrow
prior to issuing the first building permit for phase 2 for the City to design and
construct the roadway. Funding shall be counted against PFFP credits due. The
Bodway Parkway roadway right of way shall be dedicated without credit to SMV.
WATER SYSTEM
37. The SMV -owned private water system shall include three connections to the City -
owned water system — one at the potable water tank, one on Camino Colegio, and one
on Bodway.
38. Backflow connections within the private water system shall be constructed in
accordance with City Standards as if the water mains in the streets were public.
39. The Applicant shall comply with the requirements of the SMV Planned Development
Water Plan (Water Plan) dated August 5, 2009 (provided as Appendix E to the Draft
EIR). Prior to each development phase, the Applicant shall demonstrate ongoing
consistency with the water usage identified and analyzed in the Water Plan.
40. Any future onsite potable water storage tank and water lines connecting to the
Sonoma County Water Agency (SCWA) line and City mains shall be acceptably
completed prior to the need for fire flow above 1,500 gpm. This includes any multi-
family housing or any commercial construction outside the shells of the existing
SMV Planned Development 812512010
Conditions of Approval 6
building. The Applicant shall restore electrical power to existing meters from the
SCWA system. Plans shall be submitted to the State of California Department of
Health Services (CDHS) in addition to the City. Applicant shall cooperate with City
and CDHS on the amendment of City's drinking water system permit that is required
for the approval of the on -site water tank and water lines.
SEWER SYSTEM
41. Prior to commencement of construction of each individual project or development
phase, the Applicant shall demonstrate ongoing consistency with the sewer flow
generation identified and analyzed in the EIR. The City Engineer shall approve the
methodology and timing for demonstration of consistency with sewer flow generation
with the first application for project construction.
42. All onsite sewer connections will be subject to City ordinances. Commercial sewer
connections shall obtain industrial use permits from the City of Santa Rosa.
43. Prior to commencement of construction or approval of plans for each development
. phase, the Applicant shall submit an onsite sewer plan.
44. The Eastside Trunk Sewer shall be completed before issuance of the first Certificate
of Occupancy for any new buildings (existing buildings are excluded).
45. The Applicant shall fund installation of a sewer flow meter at the inlet to the City's
pump station on Camino Colegio before issuance of the first Certificate of Occupancy
for any new buildings (existing buildings are excluded). The Applicant shall replace
pumps at the City's pump station on Camino Colegio as needed to ensure the pump
station can pump peak wet weather flows.
STORMDRAINAGEAND WATER QUALITY
46. Prior to issuance of a grading permit, the Applicant shall submit a Final Drainage
Master Plan for all onsite and offsite drainage facilities (including water quality
features). The drainage plan and study shall show pre and post construction
hydrograph within 10% for 20% of 2 year storm to 10 year storm and no net increase
in peak flows under the 2, 10, 25 and 100 year storm events. The drainage plan and
study shall provide water quality features consistent with or better than those
contained in the City of Santa Rosa Standard Urban Storm Water Management Plan
(SUSMP) or most current City- adopted SUSMP. The Final Drainage Master Plan is
subject to the review and approval of the SCWA and the City of Rohnert Park.
47. Prior to the issuance of any grading or building permits, the Applicant shall
demonstrate compliance under California's General Permit for Stormwater
Discharges Associated with Construction Activity by providing a copy of the Notice
of Intent (NOI) submitted to the State Water Resources Control Board and a copy of
the subsequent notification of the issuance of a Waste Discharge Identification
(WDID) Number or other proof of filing in a manner meeting the satisfaction of the
Planning Department. A copy of the current SWPPP shall be kept at the project site
and be available for City review on request. A separate SWPPP may be submitted for
each development phase, or a master SWPPP may be applied to all onsite
development.
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Conditions of Approval 7
48. Prior to the issuance of any grading or building permits, the Applicant shall submit a
Water Quality Management Plan (WQMP) and Chemical Application Management
Plan to protect water quality after construction. The WQMP is subject to review and
approval by the City of Rohnert Park Public Works Department. The WQMP shall
contain specific stormwater Best Management Practices (BMPs) for reducing
potential pollutants in stormwater runoff. BMP location, size, design and operation
criteria, and pollutant removal rates expected shall be referenced, documented, and
incorporated into the WQMP.
49. Prior to the issuance of any certificate of occupancy, the Applicant shall demonstrate
compliance with the WQMP, including implementation and construction of all
structural and non - structural BMPs. The Applicant shall submit an Operations and
Maintenance Plan for all structural BMPs, which shall be subject to review and
approval by the City of Rohnert Park Public Works Department.
50..A drainage plan shall be submitted for each development phase. Each drainage plan
is subject to the review and approval of the SCWA and the City of Rohnert Park and
shall meet SCWA and City standards. Drainage plans shall:
a. Include adequate drainage calculations and hydraulic design to insure that
upstream areas and the project site will drain to a safe point of discharge;
b. Be designed to eliminate drainage flowing across property lines unless
appropriate easements are provided for on the Final Map(s);
c. Be designed to avoid any drainage basin split flow and to respect and maintain
historical drainage watershed boundaries;
d. Include a hydrology /hydraulic report that demonstrates the project will not
increase the 100 -year water surface elevations of adjacent properties, subject to
SCWA and City of Rohnert Park approval; and.
e. Demonstrate that water detention basins meet City Standards and comply with the
requirements of SCWA and Sonoma Marin Vector Control.
51. The storm drain system shall meet or exceed the SCWA requirements for storm drain
collection systems, as determined by the City Engineer. All proposed building
finished floor elevations, including garages, shall be a minimum of 1 foot above the
post construction 100 -year water surface elevations.
GRADING AND EROSION CONTROL
52. For each development phase, the Applicant and /or successors shall submit a grading
plan prepared by a registered civil engineer. A grading permit application shall
accompany each grading plan. Said application shall include the requirements listed
in Sections 15.48 & 15.50 of the City of Rohnert Park Municipal Code. The grading
plan shall be reviewed and approved by the Development Services Department prior
to issuance of a grading permit. The grading plans shall:
a. Be in conformance with the Bay Area Air Quality Management District
guidelines for reducing construction impacts and minimize dust emissions;
SMV Planned Development 812512010
Conditions of Approval 8
b. Incorporate each recommendation from the soil engineering and engineering
geology reports for the development phase or explain why the recommendation
was not incorporated;
c. Be designed to eliminate drainage flowing across property lines unless
appropriate easements are provided for on the Final Map(s); and
d. Show building pad elevations and landscaping mounds.
53. Erosion control plans shall be prepared by a professional such as a Civil Engineer or
certified Erosion Control Specialist and shall meet the requirements listed in Section
15.52.030 of the City of Rohnert Park Municipal Code. The erosion control plan
shall provide measures to avoid the introduction or spread of noxious weeds into
previously un- infested areas.
54. Design standards for erosion control plans shall be in conformance with Chapter
15.52 of the Municipal Code except that the reference document for design criteria
shall be the City of Santa Rosa SUSMP or most current city adopted SUSMP.
Public Safety Conditions
55. Prior to the issuance of a building permit, the Applicant shall submit a fire hydrant
location plan to the Fire Marshal for review and approval. Prior to the issuance of a
building permit, the Applicant shall also submit evidence of the onsite fire hydrant
system to the Fire Marshal and indicate whether it is public or private. The Applicant
shall make provisions for the repair and maintenance of the system in a manner
meeting the approval of the Fire Marshal.
56. Prior to the issuance of any Certificate of Occupancy, all fire hydrants shall have a
blue reflective pavement marker indicating the hydrant location on the street as
approved by the Fire Marshal. The property owners must maintain the blue reflective
pavement markers in good condition and the maintenance requirement shall be
included in the CC &Rs for the SMV Planned Development.
57. All properties shall be clearly marked with lighted address numbering on the front of
each unit and on both front and rear of the units having rear alley access; rear
addressing shall include the street name utilizing street signage in conformance with
SMV Design Standards.
58. Land reservation for group mailboxes shall be identified in conjunction with US Post
office for siting. Procedures for obtaining mailbox keys shall be provided to each
buyer in property disclosure statement at close of escrow.
59. Graffiti shall be removed from all structures (such as exterior building walls,
retaining walls, noise attenuation walls, utility poles and boxes) within 24 hours of
discovery at the expense of the owner or property manager. This provision shall be
included in the CC &Rs.
60. Each development phase or portion of a phase shall indicate building type, size, and
construction features. Plans shall be reviewed by the Public Safety Department for
fire and life safety requirements such as: fire flow, fire hydrants, fire sprinklers, fire
department connections, alarm systems, smoke control systems, public- safety, radio
SMV Planned Development 812512010
Conditions of Approval 9
amplification systems, gates, egress, and exiting. Such plans will be reviewed and
commented on for individual blocks and buildings.
61. Prior to issuance of a grading permit, the Applicant for each development phase shall
submit a Phase II Environmental Site Assessment covering any areas of known
concern identified in the Phase I Environmental Site Assessment.
62. Prior to issuance of a demolition permit or building permit, the Applicant shall submit
evidence of inspection of the existing onsite buildings proposed for demolition
removal and /or remodeling or reconstruction of exterior or interior portions of
existing buildings. The inspection shall determine if hazardous materials are present
in existing buildings in levels that require special handling. If materials are present at
such levels, materials shall be handled in accordance with federal and state
regulations and guidelines, including those of the Bay Area Air Quality Management
District, the California Division of Occupational Safety and Health Administration,
and the California Department of Toxic Substances Control.
63. Prior to issuance of a Certificate of Occupancy, the Applicant shall provide plans or
identify measures to comply with standard procedures for implementing the Uniform
Fire Code in the use of any combustible and flammable liquids, aboveground or
underground storage of such materials, welding and potential spark production, and
building occupancy rating in a manner meeting the approval of the Fire Marshal.
Further, a copy of the approved "UFC Implementation" shall be forwarded to the
Planning and Building Manager, prior to the issuance of any certificates of use and
occupancy.
64. Prior to the issuance of a building permit, the Applicant shall submit to the Fire
Marshal a list of all hazardous, flammable and combustible liquids, solids or gases to
be stored, used or handled on site. These materials shall be classified according to the
Uniform Fire Code, and the information the Applicant submits to the Fire Marshal
shall include a summary listing the totals for storage and use for each hazard class.
Prior to the issuance of a building permit, the Applicant shall also complete and
submit to the Fire Marshal a copy of a "Hazardous Materials Disclosure Chemical
Inventory and Business Emergency Plan" packet.
65. Applicant /operator shall store, manifest, transport, and dispose of all onsite generated
waste that meets hazardous waste criteria in accordance with California Code of
Regulations Title 22 and in a manner to the satisfaction of the Sonoma County
Environmental Health Department. Applicant shall keep storage, transportation, and
disposal records on site and open for inspection to any government agency upon
request.
Community Effects Conditions
66. Recycling and /or reuse of demolition/construction materials shall be carried out to the
extent feasible, and containers shall be provided onsite for that purpose, in order to
minimize construction - generated waste conveyed to the landfill. Location and size of
recycling containers for collection of demolition/construction materials shall be
identified on grading and building plans, subject to review and approval by the City
Building Official or designee. A minimum of 75% of demolition and construction
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Conditions of Approval 10
materials shall be recycled or reused. The SMV Design Standards shall require that
buildings be designed with easily recyclable materials and constructed with fasteners
instead of glue where feasible
67. The Applicant shall demonstrate compliance with the City's Inclusionary Housing
Ordinance with each tentative map and /or by development phase as specified in the
Final Development Plan.
68. Prior to issuance of any building permit, the Applicant shall demonstrate that all
exterior lighting has been designed and located so that all direct rays are confined to
the property in a manner meeting the approval of the Development Services
Department and consistent with the SMV Design Standards.
69. Prior to approval of the first tentative map that includes any property within the
General Urban (T -4) Zone the Applicant shall submit a view corridor analysis that
identifies building height and setback requirements to preserve views of Sonoma
Mountain from existing properties immediately west of the project site. The view
corridor analysis shall be subject to review and approval by the City's of Rohnert
Park Development Services Department.
70. Prior to issuance of each grading permit, the Applicant shall submit evidence of
completed special- status species surveys, consultation with USFWS and /or CDFG,
local Graton Tribe, tree inventories and applicable Mitigation Measures have been
met as required in the EIR.
71. Applicant shall prepare a Community Disclosure Statement for buyer's use and
acknowledgment at time of contract to purchase. Unless otherwise prohibited by the
DRE, the Disclosure Statement shall be submitted to City for review and approval
prior to any sales.
72. Applicant shall contribute $7,000 to the City of Rohnert Park toward the construction
of a structure at the Rohnert Park Animal Shelter for housing poultry.
73. The SMV Design Review Board (DRB) shall work with the City of Rohnert Park
Animal Shelter to prepare informational material regarding the care of livestock. This
material shall be distributed to all future residents seeking approval through the DRB
for required structures for chickens.
74. All construction of new multi - family residential projects and all non- residential
construction projects shall comply with the City's Source Reduction and Recycling
Element, Household Hazardous Waste Element and the Sonoma County Integrated
Waste Management Plan, which incorporates these Elements. Provisions for
compliance with the Plan will be submitted with individual project plans within SMV
Planned Development.
75. All construction of new multi - family residential projects and all non - residential
construction projects shall incorporate interior and exterior storage area for
recyclables into new or remodeled building. Standards for exterior storage areas shall
be included in the SMV Design Standards.
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Conditions of Approval 11