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2003/03/11 City Council Resolution (2)RESOLUTION NO. 2003- 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION AND APPROVING A USE PERMIT AND SITE. PLAN AND ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF A SELF - STORAGE FACILITY, AND CONCEPTUAL APPROVAL OF 96 APARTMENT UNITS, ON AN 8.41 ACRE SITE LOCATED ON THE WESTERLY SIDE OF COMMERCE BOULEVARD AT PROFESSIONAL CENTER DRIVE (APN 143 - 340 -020) (Greg LeDoux) WHEREAS, the applicant, Greg LeDoux, submitted an application for a Use Permit and Site Plan and Architectural Review Approval for the construction of a 96 unit apartment complex and a self - storage facility on an 8.41 acre property located on the westerly side of Commerce Boulevard at Professional Center Drive (APN 143- 340 -020); and WHEREAS, the Planning Commission reviewed the Initial Study prepared for the project; determined the project would not have a significant effect on the environment; accordingly directed staff to prepare a Negative Declaration; and has otherwise carried out all requirements of the California Environmental Quality Act; and WHEREAS, on November 29, 2001, and January 24, 2002, the Planning Commission held public hearings at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and WHEREAS, on March 26, 2002, the City Council held a duly- noticed public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and WHEREAS, at the March 26, 2002 City Council meeting, a motion was made to approve the project, this motion failed by a vote of 2 -3, and the City Council requested the applicant to evaluate the feasibility of an alternative commercial use for the property; and WHEREAS, the applicant and property owner, who could not be attendance at the March 26, 2002 meeting, subsequently requested reconsideration of the project by the City Council, and then withdrew the request until such time as a five- member Council could revisit the application; and WHEREAS, the applicant, through his attorney explained, in a letter dated January 9, 2003, that the applicant had evaluated alternative commercial uses and determined that no other commercial use was economically viable; and WHEREAS, in response, the Council voted on February 11, 2003 to set this matter for public hearing on February 25, 2003 to consider the application in light of the information provided in the January 9, 2003 letter from the applicant; and WHEREAS, pursuant to California State Law, public hearing notices were transmitted to all property owners within a 300 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 Press Democrat; 1 WHEREAS, on February 25, 2003, 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 Planning Commission and the City Council of the City of Rohnert Park have reviewed and considered the information contained in the Initial Study, Negative Declaration, Use Permit, and Site Plan and Architectural Review applications for the proposal; and WHEREAS, subsequent to the preparation of the negative declaration for the project, in a February 19, 2003 memorandum from the Interim City Engineer, the City Council was presented with an update on the City's sewer capacity and the need to study the ability of the City to serve new development; and WHEREAS, the City Council found the proposed mixed use project to be consistent with the City's General Plan and determined that Initial Study and Negative Declaration were adequate for purposes of approving the self - storage facility, which has a limited need for sewer capacity, but at this time the apartment component of the project could only be approved in concept and could not be approved until an environmental impact report is completed in order to conduct the cumulative impact analysis on sewer capacity required by Section 15065(c) of the California Environmental Quality Act Guidelines; and WHEREAS, the applicant requested that only the self - storage facility be approved in lieu of requiring an EIR for the entire project WHEREAS, the City Council of the City of Rohnert Park makes the following findings: 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 the self - storage facility portion of Planning Application PL2001- 057UP /SR (Use Permit and Site Plan and Architectural Review) makes the following findings; to wit: Use Permit PL2001 -057UP 1. That the proposed location of the conditional use is in accord 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 within the C -R District, which allows for commercial projects that serve an area beyond the City limits. The proposed self - storage facility is allowed subject to use permit approval. The C -R District also allows multi - family development at the R- M:2000 density and the proposed apartment project would be in compliance with this and is approved, at this time, only in concept. The required use permit for the project has been applied for. The proposed location is within the Mixed Use land use designation of the General Plan, which accommodates a variety of compatible businesses, stores, institutions, service organizations and residences in a pedestrian- oriented setting. Allowable uses include multifamily residences as well as other commercial services. The self - storage facility approved pursuant to this resolution will not continue to be consistent with the General Plan unless the remainder of the property is devoted to another type of land use, such as residential. Therefore, a future application for the remainder of the land shall provide for a mix of uses on the property consistent with the City's General Plan. 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. Criteria Satisfied. As discussed in the staff report, the project would not have a negative effect on the public health, safety, or welfare. The site plan places the self - storage component between the proposed apartments and the Highway 101 right -of -way so that it would act as a buffer between these uses and reduces noise impacts from the freeway on residents. A self - storage facility with two managers' units requires less than three equivalent dwelling units of sewer capacity and, therefore, approval of the self - storage facility would not be detrimental to the public health, safety, or welfare. 3. That the proposed conditional use will comply with each of the applicable provisions of this Title. Criteria Satisfied. As discussed in the staff report, the project, as conditioned, would comply with all applicable Zoning Ordinance standards. Architectural and Site Plan PL2001 -057SR 1. That the development's general appearance is compatible with existing development and enhances the cityscape. Criteria Satisfied. The proposed project is on a parcel adjacent to Highway 101 and the area between the project and the Highway will be heavily landscaped to continue the existing planting scheme. 2. That the development incorporates a variation from adjacent structures in height, bulk, and area; arrangement on the parcel; openings or breaks in the facade facing the street; and /or the line and pitch of the roof. Criteria Satisfied. The proposed project one -story buildings would be placed at the west end of the property far back from Commerce Blvd. The closest fagade to the street would be the managers' units, which would have gabled rooflines. 3. That the development incorporates a variation in materials from directly adjacent structures. Criteria Satisfied. The proposed buildings would be finished in stucco with metal roof elements. The managers' apartments would have a stucco finish and tile roof treatment. This would be similar to the commercial center building to the north of the project site, which also features a stucco finish, however the metal roof elements of the self - storage facility would differ from the center's tile roof treatment. 4. That the development will be located and oriented in such a manner so as to provide consistent relationships and avoid the chaos, which results from indiscriminate location and orientation. Criteria Satisfied. The proposed arrangement of the building and its access would adequately allow vehicular and pedestrian traffic to move freely through the site. Environmental 1. An Initial Study was prepared for the project, and on the basis of substantial evidence in the whole record before the Commission, there is no substantial evidence that the self - storage portion of the project will have a significant effect on the environment, therefore a Negative Declaration will be approved which reflects the lead agency's independent judgement and analysis. The record of the proceeding on which this decision is based shall be maintained by the Planning Director in the City of Rohnert Park Planning Department. Subsequent to the preparation o the Negative Declaration, the City Council was provided with information that the residential portion of the project may have an impact on sewer capacity that is individually limited but cumulative considerable. The City Council finds, based upon the memorandum from the City Engineer dated February 20, 2003, that the residential portion of the project may have a significant effect on the environment because that portion of the project has impacts that are individually limited but cumulatively considerable. 2. The project would not result in an impact to endangered, threatened or rare species or their habitats, including but not limited to plants, fish, insects, animals and birds. The project site has been previously disturbed by rough grading. There are no native species or plants, no unique, rare, threatened, or endangered species of plants, no sensitive native vegetation on or adjacent to the site. Further, there is no indication that any wildlife species exist, or that the site serves as a migration corridor. A DeMinimus impact finding can be made for this project. Section 3. Environmental Clearance. An Initial Study was prepared for this project and indicates that the project will not have a significant effect on the environment, and accordingly a Negative Declaration, therefore, is hereby adopted. Section 4. The City Council does hereby approve the self - storage facility portion of Application No. PL2001- 057UP /SR: Use Permit and Site Plan and Architectural Review Approval, and certification of the Negative Declaration for this project subject to the following conditions: 1. The use permit approval shall expire one year from the City Council approval date, unless prior to the expiration a building permit is issued for any tenant improvements, if applicable, and construction is commenced and diligently pursued toward completion, or an extension is requested and approved. 2. The applicant shall comply with all applicable sections of the City of Rohnert Park Municipal Code and any other applicable relevant plans of affected agencies. 3. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building and Public Safety Departments prior to commencement of the operation at this location. 4. The applicant shall pay all fees in effect at the time the building permit(s) is issued at the rate then in effect. 5. The 96 apartment units are approved in concept only. The conceptual approval of 96 apartment units on this site does not provide a legal right of any kind to the property owner to construct the apartment units. Actual approval of 96 apartment units, or any other residential use of the remainder of the property will require an application to modify L, the Use Permit approved by this resolution. An application to modify the Use Permit approved by this resolution may not rely on the environmental review conducted for the Use Permit approved by this resolution and but requires compliance with the California Environmental Quality Act as if application were made for a separate and distinct project. 6. The conceptual approval of the residential portion of this project is consistent with the General Plan designation for this property — mixed use — that allows the combination of uses on a single parcel. The project is consistent with this designation in that the commercial use will provide a noise and visual buffer for the residential use. In addition, the housing portion of this project is consistent with the City's housing element, which lists residential units for this site and helps the City to achieve its fair share of the regional housing need. 7. Site Plan and Building Elevations a. All improvements shall be in substantial conformance with approved Site Plan, Exterior Elevations, Landscape Plan and Colors for the self - storage project including all perimeter improvements (e.g., Commerce Blvd. frontage, creek trail improvements and between the project buildings and the freeway), except as modified herein. b. A landscaped berm shall be provided along the Commerce Boulevard frontage to provide buffering between the project and this roadway, as approved by Staff. c. Building "G" shall be shifted to the north 12 feet so that a 20 -foot setback can be achieved between the building and the south property line. As an alternative, the applicant may apply for a variance from the Planning Commission to allow a reduced setback prior to project construction. d. The developer shall construct a 7 -foot wide detached sidewalk and planter strip along Commerce Drive, to match that installed to the north. e. The developer shall construct a sidewalk along the westerly side of the access drive to the project, which will connect to the existing Commerce Boulevard sidewalk to the north. f. The color palette shall be as approved by the Planning Commission at the January 24`h hearing. g. The parking spaces shall all be standard - sized. h. The site plan shall be reworked to allow the existing 7 -foot sanitary sewer easement in the westerly portion of the site to be increased in size to a 20 -foot minimum, or as directed by the City Engineer. In addition, a gate shall be installed in the fence connecting Buildings "G" and "F" so as to allow access from the site to the utility lines. i. All windows are to be weather- stripped and mounted in low air infiltration rate frames. j. 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 landscaping, with the final design subject to Staff approval. k. Handicapped parking shall be provided in accordance with the latest ADA requirements. 5 1. Adequate space and racks for bicycle parking for the two managers' units shall be provided. m. Any roof - mounted mechanical equipment shall be concealed so as not to be visible from public view. n. The buildings shall utilize illuminated address signs that can be clearly read from the adjacent rights -of -way. o. Trash enclosures shall be finished to match the buildings and provided with a decorative trim cap. These enclosures shall be designed so that they are large enough to accommodate recycling bins. 8. Landscape Plan a. Prior to the issuance of any building permits, final landscape and irrigation plans shall be submitted to and approved by the Director of Planning and Community Development and the City Engineer. Such plans shall be in substantial conformance with the plan submitted as a part of this application and shall include the landscaping for the self - storage facility and along the Commerce Blvd. right -of -way. b. 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. c. A permanent automatic sprinkler shall be installed to maintain all landscape materials and areas. d. The applicant shall work with the City Engineer to ensure that reclaimed water will be used to irrigate the project's landscaping, when available. 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 to adjacent properties and rights -of -way. 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. 10. Signs a. All signs shall be submitted to the Planning and Community Development Department for review and approval. b. No signage shall be allowed on the self - storage facility that would be visible from Highway 101. 11. Off -Site Improvements a. A 100 -foot northbound left -turn lane shall be installed on Commerce Boulevard to allow traffic to stack as it waits to make the left turn into this site. b. The developer shall contribute traffic signalization fees based on the project's fair share of such costs. As an alternative, the applicant may install the traffic signal at the site's no entrance and be reimbursed or credited for any costs above and beyond those equivalent to the project's applicable traffic signalization fees, subject to the approval of the City Engineer. c. The improvements to the Commerce Boulevard entrance shall include underground conduits to accommodate a future traffic signal at this intersection, as directed by the City Engineer. d. The developer shall construct a bus pullout on Commerce Boulevard, if required by Sonoma County Transit. Details shall be worked out with the City Engineer and Sonoma County Transit. 12. Site Improvements a. 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. b. 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. d. 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. e. The on -site drainage system shall be designed in accordance with Sonoma County Water Agency's design standards. f. The developer shall submit a current soils report to the City Engineer for review and approval prior to issuance of building permits. 13. Construction Mitigation 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. 14. Other Agencies a. The drainage design for the project shall be in compliance with the Sonoma County Water Agency's Flood Control Design Criteria. 7 DULY AND REGULARLY ADOPTED on this 11th day of March 2003, by the City of Rohnert Park City Council by the following vote: Attest: r Dgf&ty City Clerk cl- Mayor, City of Rohnert Park M, m FLORES: AYE MACKENZIE: AYE NORDIN: AYE SPRADLIN: AYE VIDAK- MARTINEZ: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)