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2006/05/23 City Council Resolution (17)RESOLUTION NO. 2006-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A DEVELOPMENT AREA PLAN FOR PROPERTY LOCATED SOUTH OF ROHNERT PARK EXPRESSWAY, EAST OF THE "J" RESIDENTIAL SECTION, NORTH OF COPELAND CREEK, AND WEST OF THE GREEN MUSIC CENTER SITE (APN 047- 131 -026 AND 047 -131 -027) (U.D.LLC and Vast Oak Properties) WHEREAS, the applicant, U.D.LLC and Vast Oak Properties, has submitted an application for a Development Area Plan for property located south of Rohnert Park Expressway, east of the "J" Residential Section, north of Copeland Creek, and west of the Green Music Center Site (APN 047 - 131 -026 AND 047 - 131 -027); and WHEREAS, pursuant to California State Law and the Rohnert Park Municipal Code, public hearing notices were mailed to all property owners within an area exceeding a 300 foot radius of the subject property, public hearing notice signs were posted on the property, and a public hearing was published for a minimum of 10 days'prior to the first public hearing in the Press Democrat; and WHEREAS, on April 13, 2006 and April 27, 2006, the Planning Commission held public meetings at which time interested persons had an opportunity to testify either in support or opposition to the proposal, with the Planning Commission discussion continued to May 11, 2006; and, WHEREAS, on May 23, 2006 the City Council held a public meeting at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and, WHEREAS, the Planning Commission and the City Council of the City of Rohnert Park have reviewed and considered the information contained in the Development Area Plan application for the proposal; WHEREAS, the City Council determines that the project is consistent with the General Plan, as stated in Resolution yi adopting a General Plan Amendment for this project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. The City Council, in approving Planning Application PL2003- 002DAP (Development Area Plan), makes the following findings; to wit: Development Area Plan PL2003 -002 1. The proposed development conforms to the specific plan. Criteria Satisfied. The proposed development area plan would implement Phase 1 of the University District Specific Plan, which is consistent with the intent of the General Plan for this area. 2. Public infrastructure and services can be provided concurrently with the development Criteria Satisfied. The developer will be required to participate in the Public Facilities Financing Plan, which will provide funding for necessary off -site public facilities, and shall be responsible for on -site facilities to meet the project's needs. The Development Agreement for this project sets forth the timing of the necessary facilities as they relate to the physical development of the site. Section 3. Environmental Clearance. The City adopted CEQA findings, a statement of overriding considerations, and a mitigation and monitoring plan in connection with the General Plan Amendment adopted in Resolution2o 1. -I in connection with the University District Specific Plan Project ( "Project "). The City is now granting an approval subordinate to the General Plan Amendment, for all or a portion of the Project addressed in that prior Resolution. In connection with that subordinate approval, the City finds that each of the mitigation measures applicable to the subordinate approval, and which was found in Resolution.2oob -!q,a to avoid or reduce potentially significant impacts, has been imposed as a condition of approval of that subordinate approval. In addition, the City finds that there have been no substantial changes in the aspects of the Project reflected in the subordinate approval, the surrounding circumstances, or the balance between the benefits of the aspects of the Project reflected in the subordinate approval and the acceptability of its significant and unavoidable impacts. There are no substantial changes proposed in the Project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; no substantial changes with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete. Accordingly, no supplemental or subsequent EIR is required or appropriate. NOW THEREFORE BE IT RESOLVED, that the City Council does hereby approve Application No. PL2003- 002DAP: Development Area Plan for property located south of Rohnert Park Expressway, east of the "J" Residential Section, north of Copeland Creek, and west of the Green Music Center Site (APN 047 - 131 -026 and 047 -131 -027) subject to the following conditions: Expiration of Approval — The Development Area Plan shall be subject to the time restrictions presented in the Development Agreement for this project. 2. Conformance with Municipal Code and Other Agency Plans — All improvements shall comply with all applicable sections of the City of Rohnert Park Municipal Code and any other applicable relevant plans of affected agencies, unless superseded by the Specific Plan for this property. 2 3. The development of this phase shall be consistent with all other approvals associated with this project (e.g. Specific Plan/Design Guidelines, tentative subdivision map, Development Agreement). 4. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building and Public Safety Departments prior to occupancy of the project. 5. The developer shall pay the fees required by CRPUSD to compensate for impacts to schools associated with this project. 6. Affordability— The applicant shall provide affordable housing in compliance with the program approved in the Development Agreement for this project. 7. Site Plan and Building Elevations a. All improvements shall be in substantial conformance with the submitted Site Plan, Exterior Elevations, and Landscape Plan, except as modified herein. b. Building colors and materials shall be as presented to the Planning Commission at the April 27, 2006 meeting, with minor changes to be reviewed and approved by Staff. C. The pages which refer to a "Sonora" project shall be updated to indicate the "Sonoma" style. d. The design of all entrances to the site shall be subject to Department of Public Safety approval. e. The designs and locations of decorative paving treatments shall be subject to staff review and approval. f. The units facing Rohnert Park Expressway shall be constructed so as to minimize noise impacts on residents generated by traffic on that roadway. This may.include the use of double -pane glazing, enhanced insulation, or other methods as approved by Staff. g. All buildings that are at corner locations shall have enhanced architectural treatments along the corner side elevations. These treatments shall be subject to Staff review and approval. h. Architectural treatments applied to the front elevation, such as brick or stone wainscots, shall be carried around corners to the sides of the homes and shall terminate at the fence line or at a logical end point (e.g. a vertical post element.) i. All building footprints for homes shall be identified by floor plan model and architectural style (e.g. "A ", "B" or "C ") on the final plotting plan for the area. The same model floor plans shall not be plotted across the street from or next to one another. Exceptions may be made in limited cases for models that utilize a different style and, if adjacent to one another, the building footprint is flipped. J. A model home complex shall be identified on the final Development. Area Plan. This model home complex shall provide a minimum of six (6) parking spaces to serve prospective buyers. 3 k. All windows are to be weather- stripped and mounted in low air infiltration rate frames. 1. The design and location of any masonry walls shall be subject to staff review and approval prior to their installation. M. Air conditioning or mechanical ventilation shall be provided to allow occupants to close windows and doors for adequate noise isolation. Any ground- mounted air conditioning units proposed shall be screened from public view by a combination of masonry walls and /or landscaping, with the final design subject to Staff approval. Any roof - mounted mechanical equipment shall be concealed so as not to be visible from public view. n. Handicapped parking shall be provided in accordance with the latest ADA requirements. o. Adequate space and racks for bicycle parking shall be provided in the "Boulevard" portion of the project, per the bicycle parking standards in the Municipal Code.. p. The buildings shall utilize illuminated address signs that can be clearly read from the adjacent rights -of -way. q. Any outdoor trash enclosures shall be finished to match the buildings and provided with a decorative trim cap. The enclosure shall be designed so that it is large enough to accommodate recycling bins. r. The project applicant will design and construct all project facilities in accordance with the most recent seismic standards of the California Building Standards Code. S. The applicant will design and construct the foundations and /or building pads for all project structures using standard engineering practices that account for, and minimize damage resulting from, expansive soil conditions. Specific design and constructed methods shall be as directed by Mitigation Measure GEO -8a of the FEIR for this project. t. The project applicant shall retain a qualified acoustical consultant to design treatments for residences located adjacent to Snyder Lane and Rohnert Park Expressway such that exterior noise levels do not exceed 60 dB Ldn at outdoor activity areas. Treatments may include methods such as construction of a soundwall or an earth berm between the new residences and the roadway or placement of building structures between roadway and outdoor activity areas. Alternatively, the following setbacks from the design road right of way as shown in the University District Specific Plan would ensure that noise levels at outdoor activity areas do not exceed 60 dB Ldn. No additional setback would be required along Petaluma Hill Road, as the 60 dB Ldn contour falls within the structural buffer on the west side of Petaluma Hill Road. • 62 feet on the north side of Rohnert Park Expressway from Petaluma Hill Road to the North SSU Access, • 99.5 feet on each side of Rohnert Park Expressway from the North SSU Access to Snyder Lane, and 0 • 28 feet on the south side of Keiser Avenue. The acoustical consultant will prepare and submit to the City a report detailing the acoustical treatments to be used for compliance with this performance standard. The report must be reviewed .and approved by the City before a building permit will be issued. u. The project applicant shall retain a qualified acoustical consultant to ensure that interior noise levels at residences does not exceed as a result of traffic noise 45 dB Ldn. If treatments are necessary, treatments may include installing acoustically rated windows, and blocking sound transmission paths through vents or other openings in the building shell. If windows must be closed to achieve this performance standard, air conditioning must be provided. The acoustical consultant will prepare and submit to the City a report detailing compliance with the interior noise performance standard or, if necessary the acoustical treatments to be applied to the building for compliance with the interior noise performance standard. The report must be reviewed and approved by the City before a building permit is issued. 8. Landscape Plan a. Prior to the issuance of any building permits, landscape and irrigation plans shall be submitted to and approved by Planning Staff and the City Engineer. Such plans shall be in substantial conformance with the plan submitted as a part of this application. b. Platanus trees shall only be used within private areas and not as a street tree within the City's right -of -way. They may alternatively be considered as street trees if planted within residential front yards and outside of the City's right -of -way. C. All trees within five feet of the public right -of -way shall have root barriers that are approved by the Director of Planning and Community Development. d. A permanent automatic sprinkler shall be installed to maintain all landscape materials and areas. e. The applicant's engineer shall coordinate with the City Engineer to ensure that recycled water is used for irrigation of the project's landscaping, as feasible. 9. Lighting a. Project lighting shall be reviewed and approved by Staff. b. All exterior lighting shall be designed so as to prevent any spillover lighting onto adjacent properties and rights -of -way. Lighting elements will be required to be recessed within their fixtures to prevent glare. A specialist in lighting design shall be consulted during project design to determine light source locations, light intensities and type of light source. New lighting levels provided shall be compatible with general illumination levels in existing areas to avoid a noticeable contrast in light emissions, consistent with the need to provide for safety and security. C. Roof - mounted lights are prohibited on the building if they are placed so as to silhouette the building and roof d. All building entrances shall include recessed or soffit lights 5 10. &M a. The design of any entry monument signage shall be submitted to the Planning Division for review and approval prior to installation. 11. Site Improvements a. The proposed park site and open space area treatments shall be reviewed and approved by the City's Parks and Recreation Commission prior to final subdivision map approval. The allowance of credits for park improvements and private open space areas shall be considered at that time. b. The design of the proposed detention area at the site's northwest corner shall be subject to Staff review and approval. The intent is to make this area appear as natural as is feasible. C. All double -check valves provided for domestic water and fire sprinkler systems shall be concealed from any public streets and parking lots with decorative walls, landscaping, and mounding. Plans shall be submitted to the Planning and Community Development Department and City Engineer for review and approval. d. All utilities shall be placed underground. C. Water and sewer service shall not be provided unless the City Engineer advises that the City has ample capacity to serve the development. f. All parking areas, driveways, and open storage areas shall be paved with asphalt surfacing. All site work, including curbs, gutters, sidewalks and berms separating landscape areas shall be concrete. All plans shall be prepared in accordance with City standards and submitted to and approved by the City Engineer. h. The on -site drainage system shall be designed in accordance with Sonoma County Water Agency's design standards. i. The developer shall submit a current soils report to the Deputy Building Official for review and approval prior to issuance of building permits. j. The control practices indicated in Table 3.3 -A of the Final Environmental Impact Report for this project shall be required during construction to minimize dust emissions and ensure consistency with BAAQMD guidelines for reducing construction impacts. k. The following control practices shall be required to minimize construction emissions and ensure consistency with Bay Area Air Quality Management District ( BAAQMD) guidelines for reducing construction impacts: • Maintain and properly tune all construction engines. • Restrict idling time of all diesel - powered equipment to 3 minutes or less. • Use alternative fueled (i.e. compressed natural gas [CNG], biodiesel, water emulsion fuel, electric) construction equipment in place of diesel - powered equipment: 0 14% NOx reduction, 63% PM10 reduction for water emulsion fuel. L o Up to 73% NOx reduction, 75% to 80% particulate matter less than of equal to 10 microns in diameter (PM 10) reduction for water emulsion fuel. • Use add -on control devices (i.e. diesel oxidation catalysts, particulate filters): o Up to 25% NOx reduction, up to 85% PM10 reduction. • Use diesel construction equipment that meets the California Air Resources Board's (ARB's) 1996 or newer certification standard for off -road heavy duty diesel engines:. o Up to 91% NOx reduction, 69% PM10 reduction. • Phasing construction in the planning area over a longer timeframe. • Limiting the hours of operation of heavy -duty equipment. 1. The following measures shall be incorporated to the extent feasible: • Provide Class I or II bicycle facilities (1 to 2% reduction of non -work trips); • Provide bicycle- and pedestrian- oriented wayfinding signage; • Provide secure bicycle parking near building entrances (0.5 to 2% reduction of work trips); • Provide secure bicycle parking in ,multifamily residential parking garages; • Install pedestrian countdown and audible signals at all new signalized intersections; • Implement carshare programs for the planning area; • Implement ridesharing programs for local employees and residents • Unbundle parking from residential rents; • Reduce parking requirements based on the likely reduction in demand; • Use solar water heaters, • Use central water heaters, • Use super - efficient heating, ventilation, and air conditioning (HVAC) systems; • Use light - colored and reflective roofing materials; • Use pavement treatments and other energy- efficient building materials; • Install mature, viable shade trees adjacent to buildings and parking lots; • Use photovoltaic panels on buildings; • Use natural light and energy - efficient lighting; • Provide well - lighted, covered bus shelters with seating and transit information at all bus stops; • Subsidize transit passes for planning area residents and employees; • Require transit rates and scheduling information to be posted on bulletin boards at the hotel and any commercial locations; FA • Require hotel owners to provide a low - emission shuttle (0.1 to 0.3% reduction of all trips); • Collaborate with Sonoma County Transit (SCT) and Sonoma Stet University to establish an unlimited transit access program for university staff (0.1 to 0.3% reduction of all trips); • Work with SCT and future project sponsors on providing transit service to the planning area (shuttle or bus) (0.1 to 0.5% reduction of all trips); • Increase the frequency of transit services to half -hour headways during peak periods; • Use electric forklifts at all commercial land uses; • Install electrification at all commercial loading docks; • Limit delivery truck idling to 3 minutes; • Install increased insulation beyond State Title 24 (CCR) requirements, and • Use electric landscape maintenance equipment on commercial buildings. 12. Construction Miti ag tion a. The developer shall ensure that a water truck is on site during construction and grading to suppress the dust to an acceptable level. b. The developer shall comply with construction hours pursuant to Municipal Code Section 9.44.120. C. The developer shall submit to and secure approval from the City Engineer for a haul route. d. All construction material waste and other debris shall be recycled to the extent feasible. e. The developer shall submit an erosion control plan subject to the review and approval of the City Engineer. f. In accordance with the Storm Water Phase II Rule, the developer shall provide proof of filing of a Notice of Intent (NOI) to comply with the State General Permit for storm water discharges and prepare a Storrn Water Pollution Prevention Plan (SWPPP). Proof of filing the NOI is required prior to issuance of the grading permit. g. The project proponent or contractor will install orange construction barrier fencing to protect sensitive biological resources, as directed by Mitigation Measure BIO -5a of the Final Environmental Impact Report for this project. 13. Other Agencies a. The drainage design for the project shall be in compliance with the Sonoma County Water Agency's Flood Control Design Criteria. 93 DULY AND REGULARLY ADOPTED on this 23rd day of May, 2006, by the City of Rohnert Park City Council by the following vote: Attest: Mayor, City of R&Eert Park Deputy City Clerk y9 Ro"NERT Pq'kt BREEZE: AVE FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) 9