2006/05/23 City Council Resolution (12)RESOLUTION NO. 2006-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, APPROVING A TENTATIVE MAP TO ALLOW THE SUBDIVISION
OF 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 tentative map to allow the subdivision of 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, on April 13, 2006 and April 27, 2006, the Planning Commission held
noticed public hearings 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 noticed public hearing 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 Tentative Map application for the
proposal;
WHEREAS, the City Council determines that the project is consistent with the General
Plan, as stated in Resolution 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-
002TM (Tentative Subdivision Map Application) makes the following findings; to wit:
Tentative Subdivision Map PL2003 -002TM
1. The proposed map is consistent with the general plan and any applicable specific plan, any
policy or guideline implementing the general plan (including the city's design guidelines), or
other applicable provisions of this code.
Criteria Satisfied. The map is consistent with the General Plan designations for the area, as
well as the specific plan that applies to the property.
2. The site is physically suitable for the type of development.
Criteria Satisfied. The tentative subdivision map reflects the specific plan for this site,
which is physically suitable for the proposed development.
3. The site is physically suitable for the proposed density of development.
Criteria Satisfied. The site is of sufficient size and shape and appropriately shown in the
specific plan to allow the proposed density of development.
4. The design of the subdivision or the proposed improvements will not cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat,
absent a statement of overriding conditions.
Criteria Satisfied. An environmental impact report has been prepared which shows potential
impacts related to the development of the site with the proposed uses. No significant
unavoidable impacts related to existing habitats were identified.
S. The design of the subdivision or the type of improvements will not cause serious public
health problems.
Criteria Satisfied. The design of the project is not expected to have negative impacts on the
health or well being of project residents or occupants of the surrounding land uses. A buffer
between the existing residents to the west and the project will be provided. The project will
also be required to utilize the URBEMIS Environmental Management Software 2002 Model
to minimize air pollutant emissions associated with residential projects
6. The design of the subdivision or the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of property with the proposed
subdivision, absent alternative, equivalent easements.
Criteria Satisfied. The project will respect all existing easements, and any new easements
required by the project have been made conditions of the map approval.
7. Any proposed phases and their proposed sequence of construction are identified on the
submitted map.
Criteria Satisfied. The phasing is shown in the specific plan document. A condition has
been added requiring that the phasing be included in the Development Agreement for the
project.
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 Resolution2yy6 - /1M_, 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,?Iw tto 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
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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- 002TM: application for a tentative map to allow the subdivision of
property located south of Rohnert Park Expressway, east of the "Y' 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:
Prior to Approval of Final Mai
1. Submit current title report (within 30 days), supporting documents and calculations for City
Engineer review at the initial final map check submittal.
2. Submit Final Map for City Engineer review and approval. All calculated points within the
map shall be based upon one common set of coordinates. All information shown on the map
shall be directly verifiable by information shown on the closure calculation printout. The
point(s) of beginning shall be clearly defined. All lot acreages shall be shown on the map
and shall be verifiable from information shown on the closure calculation printout.
3. Final Map shall show dedication of the necessary right -of -way in fee title, sidewalk
easement, public utility easement behind the sidewalk and other onsite easements for public
water, sewer and storm drain facilities.
4. Submit offsite easement documents, complete with grant of easement document(s), plat(s)
and legal description(s) for City Engineer review and approval. Documents shall be required
to be irrevocably offered for dedication prior to or concurrent with recordation of the Final
Map.
5. Owner /developer shall enter into the Development Agreement by and among the City of
Rohnert Park, University District, LLC and Vast Oak, LLC and this development shall be
subject to the requirements (including timing and phasing of improvements) stated in the
Development Agreement.
6. Owner /developer shall enter into a Subdivision Improvement Agreement (SIA) with the City,
post the requisite bonds and pay all applicable fees. The SIA shall be required to be recorded
concurrent with the recordation of the Final Map.
7. The requirements for the design and construction of public improvements as set forth in the
Development Agreement between Owner(s) and City shall be adhered to. In the case of a
conflict in the requirements as set forth in said Development Agreement and these
Conditions of Approval, the more stringent requirement shall apply as solely determined by
the City Engineer.
8. Owner /developer shall make a good faith effort to enter into a water reuse agreement with
the City of Santa Rosa (Subregional System) and the City for the delivery and use of recycled
water for this project. Said agreement shall be transferable to the Homeowners' Association
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or other suitable entity for this project. Said agreement may be conditioned on the
availability of recycled water storage.
9. Submit a copy of the CCRs and /or maintenance 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 the Final Map.
10. Submit a current soils report to the City Engineer.
11. Provide a traffic circulation study for Rohnert Park Expressway including Visual Traffic
Simulation modeling.
12. Submit Improvement Plans for the City Engineer's review and approval. Said improvement
plans shall include streets and related facilities, water, sewer, recycled water, and storm drain
facilities and shall meet the requirements so stated under Chapter 16.16 of the Municipal
Code.
13. The recycled water system included in the Improvement Plans shall comply with and is
subject to the review and approval of the City of Santa Rosa Subregional System.
14. Utilize measures identified in URBEMIS Environmental Management Software 2002 Model
to minimize air pollutant emissions associated with residential projects.
15. All areas and trees considered to be a sensitive biologic resource shall have construction
fencing installed around the sensitive resource to prevent damage during construction.
16. Improvement Plans shall include a grading, drainage, and erosion control plan. Grading
plans shall also be submitted to the Community Development Director for review and
approval and shall include demolition plans, tree removal plan and construction fencing plan.
17. Provide a copy of required resource agency permit applications for the project with the first
submittal of the grading plans. Applicant shall provide a copy of the secured permits
restrictions as soon as possible to ensure grading plans are consistent with said permits.
18. A grading permit application shall accompany the grading plans. Said application shall
include the requirements listed in Sections 15.48 & 15.50 of the City of Rohnert Park
Municipal Code. The grading plans shall be in conformance with the Bay Area Air Quality
Management District guidelines for reducing construction impacts and minimize dust
emissions.
19. Drainage plans are subject to the review and approval of the Sonoma County Water Agency
( "SCWA ") and the City of Rohnert Park. Said plans shall meet SCWA and City standards.
20. Copeland Creek currently floods in the project area. The drainage plans shall address how
the proposed drainage improvements will meet the SCWA standards under the 100 -year
conditions.
21. The storm drain system shall 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.
22. No creek split flow will be allowed along the proposed project boundaries.
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23. The proposed project shall not increase the 100 -year water surface elevations of adjacent
properties and a hydrology/hydraulic report for this project shall demonstrate that this
requirement is met.
24. 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
Municipal Code. The erosion control plan shall provide measures to avoid the introduction
or spread of noxious weeds into previously un- infested areas.
25. 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 Standard Urban Storm Water Management Plan (SUSMP).
26. In the event any historic or cultural resources are discovered during the grading operations all
activities shall cease. A qualified archaeologist shall be retained to preserve, protect or
remove any significant historic or cultural resources. A monitoring plan shall be prepared by
a qualified archaeologist to guide the actions of monitors and construction crews in the event
of an archaeological discovery, which shall conform to the description given in Mitigation
Measure C -1 a of the FEIR for this project.
27. A full data recovery program, guided by a research design, shall be conducted at the
archaeological sites noted in Mitigation Measure C -2a of the FEIR for this project.
28. Public improvements shall meet City's standards.
29. Improvement plans shall include fire hydrants at locations specifically approved by the Fire
Division.
30. All backflow assemblies, including those for fire suppression systems shall meet City
standards for backflow assemblies.
31. Private streets and private utilities shall meet City standards and Uniform Building Code
(UBC) requirements.
32. Street names for public and private streets will require City approval.
33. Structural sections for public and private streets shall be based on the "R" value from the
project's soils engineer. The traffic index used for the design shall be reviewed and approved
by the City Engineer. The minimum structural section for public streets shall be no less than
4 inches of AC and 9 inches of AB.
34. Roadway cross - sections for all minor public streets shall be in accordance with City
standards and have a contiguous curb, gutter and sidewalk with the required access and
P.U.E. behind the sidewalk, unless specifically and explicitly approved by the City Engineer.
35. Private streets shall meet City standards for private alleys, unless specifically and explicitly
approved by the City Engineer.
36. Street lights on public streets shall be designed in accordance with City standards and
P.G. &E. requirements for billing purposes. Lighting for private streets and alleys shall be
designed in accordance with the Zoning ordinance and Public Safety Department's
requirements.
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37. Any existing overhead utilities within the subdivision and proposed utilities shall be placed
underground.
38. Utility plans within existing or proposed public right -of -way for electric, gas, telephone and
cable TV shall be submitted to the City Engineer and Community Development Director for
review. Any above - ground structures shall be specifically approved by the Community
Development Director and screened or relocated as directed by the Community Development
Director or City Engineer.
39. Improvement plans shall state the hours of work as specified in the City of Rohnert Park
Municipal Code and that any work within Copeland Creek easement area shall be restricted
to summer low or no -flow period.
40. An offsite potable water storage tank and water lines shall be required to serve this project.
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 offsite water tank
and water lines. The landowner shall file notices of non - renewal of any Williamson Act
contract related to this property.
41. Provide a copy of acoustical study for addressing noise levels at residential outdoor activity
areas for units adjacent to Rohnert Park Expressway. No structural mitigations (such as
sound walls), if any, will be permitted within public right -of -way.
42. Improvement plans shall include a note stating that any existing public and private facilities
damaged during the course of construction shall be repaired by the developer, at his /her sole
expense, to the satisfaction of the City Engineer.
43. Improvement Plans shall include a street tree planting plan.
44. Improvement plans shall include Grading, Drainage and Hardscape improvements for the
park and open space areas and shall be subject to the review and approval of the City
Engineer and the Community Development Director. The design of the park sites, the
proposed improvements, and any credits for improvements, private open space, and /or in -lieu
fees shall be reviewed and approved by the City's Parks and Recreation Commission prior to
their incorporation in the improvement plans.
45. Improvement Plans shall be subject to the approval of the local Public Safety Fire Division.
46. Submit a Storm Water Management Plan (SWMP) to the Regional Water Quality Control
Board and the City for review and approval.
47. Submit a storm drainage detention analysis to the City Engineer and the Sonoma County
Water Agency for review and approval.
48. The storm drain system shall be sized to accommodate flows from upstream areas. Upstream
water surface elevation shall not be increased beyond project boundary. The proposed
detention pond shall be designed and constructed to detain the 10 -year and 100 -year storm
runoff so as to not exceed 90% of the pre - developed 10 year historic runoff. The detention
pond shall be designed with 1 foot of free -board for the 100 year design storm.
49. The project SWMP shall include a street sweeping program for private roadways.
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50. The project SWMP shall be consistent with the City's SWMP and shall incorporate City of
Santa Rosa SUSMP Best Management Practices (BMPs).
51. The project SWMP shall include a spill prevention and control program for implementation
during construction activities.
52. Final Map will be scheduled for City Council's consideration of approval once the conditions
in this section have been met, Improvement Plans have been approved by the City Engineer,
easement documents have been approved for technical correctness and executed by the
owner(s), and agreements (Subdivision Improvement Agreement and Maintenance
Agreements, if any) have been approved by the City Attorney as to format, a Development
Area Plan has been approved for the area within the subject Final Map, and the necessary
bonds & insurance posted.
53. The Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers,
and employees from any claim, action, or proceeding against the .City and its agents, officers,
or employees to attack, set aside, void, or annual approval related to the UD LLC Property.
Subdivider's obligation to defend, indemnify, and hold harmless under this condition shall
not arise until the City promptly notifies the Subdivider of any claim, action or proceeding
regarding the subdivision, and the City of Rohnert Park cooperates fully in the defense of
such claim, action or proceeding.
54. Prior to Final Map Approval, the Applicant shall identify the water supply or supplies for the
project. These water supplies may not included groundwater pumped from new or existing
wells within the community of Penngrove, as identified by the 94951 Zip Code boundaries in
September 2002. Compliance with Government Code section 66473.7 is required prior to
Final Map Approval.
Prior to Issuance of Grading Permit
55. Applicant shall provide copy of the Notice of Intent (NOI) and two copies of the Storm
Water Pollution Prevention Plan (SWPPP) to the City Engineer.
56. Applicant shall provide a copy of the necessary permits from resource agencies to the City
Engineer and the Community Development Director. Said permits include, but are not
limited to, Regional Water Quality Control Board, Army Corps of Engineers and Department
of Fish and Game.
57. Applicant shall submit a haul route to the City Engineer for review and approval.
58. Applicant shall submit a grading permit application in accordance with Chapter 15.50 of the
Municipal Code.
59. Applicant shall submit a soils engineering report.
60. Notwithstanding other requirements in Chapter 15.50 of the Municipal Code, Applicant shall
provide a letter from a soils engineer or geologist verifying that he /she will provide
inspection services, furnish as -built grading plans, and submit final statement of approval
letter in accordance with Section 15.50.050.
61. Notwithstanding other requirements in Chapter 15.50, Applicant may request that a grading
permit may be issued prior to approval of the Final Map as long as requirements so stated in
Section 15.50.060(B) are met and the conditions of approval under this section are met.
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62. Any construction activities that occur within Copeland Creek will be limited to the summer
low- or no -flow period to minimize potential impacts to Central California Coast steelhead.
The summer low- or no -flow period is defined as between May 1 and October 15 or until the
onset of the rainy season, whichever occurs first. The rainy season is defined as a frontal
system that results in depositing 0.25 inch or more of precipitation in one event.
63. To avoid construction- related impacts on northwestern pond turtles, the project proponent
will retain a qualified wildlife biologist to conduct a preconstruction survey for northwestern
pond turtles no more than 48 hours before the start of construction within suitable upland
habitat, per Mitigation Measure BI0-12a of the FEIR for this project.
64. The project proponent shall conduct preconstruction surveys for active burrowing owl
burrows per Mitigation Measure BI0-13a of the FEIR for this project.
65. If construction activities are scheduled to occur during the breeding season for special- status
and non - special status migratory birds in the area, the appropriate nesting surveys shall be
conducted per Mitigation Measure BI0-14a of the FEIR for this project.
66. The project proponent or its contractors will implement measures to avoid the introduction or
spread of noxious weeds into previously uninfested areas as directed in Mitigation Measure
13I0-15a of the FEIR for this project.
67. Before construction begins, clear materials that could serve as fire fuel from areas slated for
construction activities, as directed by Mitigation Measure HAZ -6a of the FEIR for this
project.
68. Contractors shall be required to equip any construction equipment that normally includes a
spark arrester with an arrester in good working order. Subject equipment includes, but is not
limited to, heavy equipment and chainsaws.
Prior to Issuance of Building Permit
69. Applicant shall prepare a Conditional Letter Of Map Revision (CLOMR) for the project. All
finish floor elevations shall be a minimum 1.0 foot above the 100 -year flood elevation.
70. Applicant shall be in compliance with resource agencies' requirements and City permits,
payment of City fees, and Final Map recorded.
71. Applicant shall provide a letter from the Applicant's Engineer /Surveyor that the building pad
elevations are in conformance with the approved grading plans.
72. Applicant shall apply for an industrial wastewater discharge permit with the City of Santa
Rosa Subregional System for commercial buildings.
Prior to Issuance of Encroachment Permit
73. Applicant shall provide a traffic control plan for work within Rohnert Park Expressway or
other City streets or County roads as determined by the City Engineer.
74. Applicant shall be in compliance with resource agencies and City permits and shall pay all
City fees.
Prior to Release of Occupancy
75. Applicant shall prepare a Letter Of Map Revision (LOMR) for the project to FEMA's
satisfaction.
76. Public improvements that are necessary to ensure safe access to the unit, all frontage
improvements, hookup of utilities, energizing of public street lights and construction of water
tank shall be completed.
77. Applicant shall be in compliance with resource agencies' requirements and City permits and
payment of City fees.
Other
78. Applicant will scarify, moisture - condition, and recompact native topsoil during project
construction to minimize the potential for post - construction settlement.
79. Contractors shall transport, store, and handle hazardous materials required for construction in
a manner consistent with relevant regulations and guidelines, including those recommended
and enforced by the City of Rohnert Park Department of Public Safety (DPS) (e.g.
contractors shall transport and store containers along designated truck routes, maintain
required clearances, and handle materials using approved protocols.
80. In the event of a spill of hazardous materials in an amount reportable to the DPS, the
contractor shall immediately control the source of the leak and contain the spill. If required
by DPS or other regulatory agencies, contaminated soils will be excavated and disposed of
off site at a facility approved to accept such soils.
81. Applicant is required to develop plans to prevent the pollution of surface water and
groundwater, as directed by Mitigation Measure HAZ -2c of the FEIR for this project.
82. Applicant shall have soils in the area sampled or field screened by a qualified hazardous
materials consultant for residuals from agricultural chemicals during construction, as directed
by mitigation Measure HAZ -2d of the FEIR for this project.
83. Soil generated by construction activities shall be stockpiled on site in a secure and safe
manner and sampled prior to reuse or disposal at an appropriate facility.
84. The construction contractor will notify residences within 500 feet of the construction areas of
the construction schedule in writing before construction. The construction contractor will
designate a noise disturbance coordinator who will be responsible for responding to
complaints regarding construction noise. The coordinator will determine the cause of the
complaint and will ensure that reasonable measures are implemented to correct the problem.
A contact telephone number for the noise disturbance coordinator will be conspicuously
posted on construction site fences and will be included in the written notification of the
construction schedule sent to nearby residents.
85. Stationary construction equipment that generates noise levels in excess of 65 dBA Leq shall
be located as far away from existing residential areas as possible. If required to minimize
potential noise conflicts, the equipment shall be shielded from noise sensitive receptors by
using temporary walls, sound curtains, or other similar devices. Heavy -duty vehicle storage
and start-up areas shall be located a minimum of 150 feet from occupied residences where
feasible.
86. Water conservation measures shall be employed to ensure conformance with the
consumptive use calculations provided in a letter by John Olaf Nelson Water Resources
Management dated April 13, 2006.
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87. For applicable parcels on which improvements are proposed, the landowner shall file notices
of non - renewal of any Williamson Act contract.
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 Rohnert Park
BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
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