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2003/08/26 City Council ResolutionRESOLUTION NO. 2003-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION AND APPROVING A USE PERMIT AND SITE PLAN AND ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF 232 APARTMENT UNITS 430N A 12.3 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF ROHNERT PARK EXPRESSWAY AND LABATH AVENUE (APN 143-391-002,-003, and -004) (A.G. Spanos Corporation WHEREAS, the applicant, A.G. Spanos Corporation, has submitted an application for a Use Permit and Site Plan and Architectural Review Approval for property located at the northwest corner of Rohnert Park Expressway and Labath Avenue (APN 143- 391 -002, -003, and -004); 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 Mitigated Negative Declaration; and has otherwise carried out all requirements of the California Environmental Quality Act; and WHEREAS, on August 14, 2003, 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 26, 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, Mitigated Negative Declaration, Use Permit, and Site Plan and Architectural Review applications for the proposal; and 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 Planning Application PL2002- 024UP/SR (Use Permit and Site Plan and Architectural Review) makes the following findings; to wit: Use Permit PL2002 -024UP 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 project will further all applicable Zoning Ordinance objectives, including those intended to foster a harmonious, convenient, workable relationship among land uses; and ensure that land is ultimately used for the purposes which are most appropriate Resol. No. 2003 -191 (page 2 of 8) and most beneficial from the standpoint of the city as a whole. The prior Zoning Ordinance allowed for multi - family developments in commercial districts in compliance with the R- M:2000 District standards, and the project meets or exceeds these standards. The project also furthers the City's goal of providing housing for all socio- economic groups and this includes the provision of affordable apartment units in accordance with the City's Inclusionary Housing provisions, with the actual means of providing said units determined by the City Council. 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 project, as conditioned, will not have a negative effect on the public health, safety, or welfare; or be materially injurious to properties or improvements in the vicinity. The proposed multi - family development will function as an appropriate transitional use between the commercial uses to the south and east, the mobile home park to the west, and the light industrial developments to the north across Hinebaugh Creek. It is situated on a major thoroughfare, which is in keeping with the City's practice of locating multi- family developments on larger streets. The site's location near commercial and recreational uses would also be advantageous for the proposed use. 3. That the proposed conditional use will comply with each of the applicable provisions of this Title. Criteria Satisfied. The project will comply with all applicable Zoning Ordinance standards required for multi- family developments. Site Plan and Architectural Approval PL2004 -024SR 1. That the development's general appearance is compatible with existing development and enhances the surrounding neighborhood. Criteria Satisfied. The proposed project buildings will feature a "French Normandy" inspired design that will present an attractive image at this site, transitioning from the "Neo- Mediterranean" influence shown in the buildings to the southwest, to the light industrial area to the north, beyond Hinebaugh Creek. Visual interest will be provided through the use of built -up trim elements, hipped concrete tile roofs, decorative gables and vents, archways, and quoins. The proposed landscape plan will enhance the streetscape, provide shading, soften the proposed structures, and visually break -up the parking and circulation areas. 2. That the development incorporates a variation from adjacent on -site and off -site structures in height, bulk, and area; arrangement on the parcel; openings or breaks in the faVade facing the street; and/or the line and pitch of the roof. Criteria Satisfied. The proposed project buildings will utilize a series of hipped roofs and built -up vertical elements to help break up the horizontal massing of the structures. The majority of structures shall be three -story in height, with one two -story building situated near the Rohnert Park Expressway frontage. Setbacks along Rohnert Park Expressway shall be staggered so as to create variety and visual interest. OA Resol. No. 2003 -191 (page 3 of 8) 3. That the development will be located and oriented in such a manner so as to provide pedestrian, bicycle and vehicle connections with adjacent properties, as appropriate, and avoids indiscriminate location and orientation. Criteria Satisfied. The proposed arrangement of buildings and access will 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 project will have a significant effect on the environment, therefore a Mitigated 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 City of Rohnert Park Planning Department. 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 and was used as a maintenance facility. 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 with appropriate mitigation, and accordingly a Mitigated Negative Declaration, therefore, is hereby adopted. NOW THEREFORE BE IT RESOLVED, that the City Council does hereby approve Application No. PL2002- 024UP /SR: Use Permit and Site Plan and Architectural Review Approval to construct 232 apartment units and certification of the Mitigated Negative Declaration for this project, subject to the following conditions: 1. Expiration of Approval — Pursuant to the City of Rohnert Park Municipal Code, the Architectural and Site Plan approval shall expire one year from the Planning Commission approval date, unless an extension is requested and approved. 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. 3. Lot Merger — A lot merger consolidating the project site's three parcels shall be approved by the Planning and Engineering Departments and recorded prior to the issuance of any building permits. 4. The applicant shall enter into an affordable housing agreement with the City and sign a deed restriction that reserves at least thirty -five (3 5) of the units for rental to low - income households as defined in the California Health and Safety Code. In addition, the applicant shall contribute an amount to the Housing Trust Fund based upon the following information: the number of total units; the number of bedrooms in each unit; and the maximum subsidy amount allowed by HUD. The monies will be used by the City to 3 Resol. No. 2003 -191 (page 4 of 8) facilitate a future affordable project(s) that includes 17 very low- income rental units. At the time of this approval, very-low income households are those with median incomes equal to or less than 50 percent of the median area income and low - income households are those with median incomes equal to or less than 80 percent of the median area income. This restriction on the 35 units shall be in effect for a minimum period of 30 years beyond the initial occupancy of the project. The affordable housing agreement shall indicate the standards for maximum qualifying household incomes and maximum rental rates for the affordable units, the party responsible for verifying incomes, how vacancies will be marketed and filled, restrictions binding on the property upon sale or transfer, maintenance provisions, and any other information required by the City to comply with the conditions of approval for this project. 5. Site Plan and Building Elevations a. All improvements shall be in substantial conformance with approved Site Plan, Exterior Elevations, Landscape Plan and Colors & Materials board, except as modified herein. b. Four -foot high patio walls shall be provided for the units facing Rohnert Park Expressway and Labath Avenue for added privacy. C. Developer shall install a buffer, approved by the City, that adequately screens the industrial uses from the project site. For effective screening, this buffer may be located on the project site, on the northerly edge of Hinebaugh Creek, or on both properties. d. No permanent structures shall be permitted within the Sonoma County Water Agency easement unless specific approval is given by the Agency. e. Install EPA - approved filters in the on -site catch basins (or other approved mechanism/system that will remove oils and hyrocarbons from the storm water prior to discharging to the public storm drain system or creek). Said filters located on private storm drain systems will be maintained by the property owner in accordance with the manufacturers' recommendations. f. The on -site water, sewer and storm drain systems shall be privately owned and maintained. g. The apartments shall be master metered with separate meters for domestic and irrigation uses. The meters shall be located adjacent to and behind the public sidewalk at a location approved by the City Engineer. h. Improvement plans shall be submitted to the City Engineer for review and approval. Said plans shall include frontage improvements along Rohnert Park Expressway and Labath Avenue that meet City standards. i. Applicant shall submit a signing and striping plan that implements the recommendations made in the Traffic Study prepared by W- Trans, dated December 2002. J. Developer shall provide off -site compensatory wetlands by purchasing credits at a local mitigation bank at a 1:1 ratio for creation and 2:1 for preservation. El Resol. No. 2003 -191 (page 5 of 8) k. The location of carports throughout the site shall be subject to review and approval by Public Safety, to ensure that firefighting equipment will be able to access all of the project buildings. 1. All of the project buildings (including garages) shall be sprinklered as directed by Public Safety. M. The entry /exit drives to the project shall be a minimum width of 20 feet curb -to -curb. This width shall be measured between the outside curb and the median curb for each drive. n. All windows are to be weather- stripped and mounted in low air infiltration rate frames.. o. Air conditioning or mechanical ventilation shall be provided to allow occupants to close windows and doors for adequate noise isolation. The 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. p. Handicapped parking shall be provided in accordance with the latest ADA requirements. q. All parking spaces are to be standard - sized. r. Adequate space and racks for bicycle parking shall be provided. S. Any roof - mounted mechanical equipment shall be concealed so as not to be visible from public view. t. The building shall utilize illuminated address signs that can be clearly read from the adjacent rights -of -way. U. 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. V. Water - conserving devices (e.g. low -flush toilets and low -flow showers and faucets) shall be utilized in the construction of this project. W. A decorative paving material shall be installed at the project entryways to provide a "gateway" appearance. b. Landscape Plan a. Prior to the issuance of any building permits, revised landscape and irrigation plans shall be submitted to and approved by 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, with the following modifications: i. Developer shall provide an enhanced landscaping treatment along the northerly edge of the site to screen views of the industrial uses located to the north across Hinebaugh Creek. b. All trees within five feet of the public right -of -way shall have root barriers that are approved by Planning and Community Development. 5 Resol. No. 2003 -191 (page 6 of 8) C. A permanent automatic sprinkler shall be installed to maintain all landscape materials and areas. d. The applicant's Engineer shall coordinate with the City Engineer to ensure that the irrigation system and connection point can be easily "retrofitted" to accept recycled water for irrigation of the project's landscaping, when recycled water becomes available. 8. 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. 9. Signs a. All signs shall be submitted to the Planning and Community Development Department for review and approval. 10. Off -Site Improvements a. The median island on Rohnert Park Expressway shall be modified to create a left turn pocket at the main driveway and shall include stacking for a minimum of two vehicles. b. The median island on Labath Avenue shall be modified to allow left -turns into the site's Labath Avenue driveway C. The developer shall pay traffic signalization fees in accordance with the applicable policy established by the City of Rohnert Park. d. The applicant shall construct a bike /pedestrian path along the Creek, with the final design to be approved by City Engineer. This design shall provide for a logical terminus at the westerly end of the path, as well as access to the apartment project site for residents' use. e. The project proponent shall coordinate with the owner of the fan unit on the industrial property to the north to design and implement noise mitigation measures to reduce the fan noise by at least 11 dBA. f. Applicant's improvement plans (including signing and striping plans) shall include the recommendations made in the W -Trans report. Said plans include, but are not limited to, improvements to the Food 4 -Less driveway opposite this development on Rohnert Park Expressway. 11. 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, 6 Resol. No. 2003 -191 (page 7 of 8) 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. No building permits shall be issued for this project unless the City of Rohnert Park's City Engineer determines that the City has sufficient water and sewer capacity to serve this project. 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. 12. 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. The developer shall submit an erosion control plan subject to the review and approval of the City Engineer. d. 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 Storm Water Pollution Prevention Plan (SWPPP). Proof of filing the NOI is required prior to issuance of the grading permit. e. Applicant shall provide City a copy of the Army Corps nationwide permit (or individual permit, whichever applies) for the filling of the on -site wetlands and a copy of the water quality waiver requirements from the Regional Water Quality Control Board. 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. 7 Resol. No. 2003 -191 (page 8 of 8) DULY AND REGULARLY ADOPTED on this 26h day of August, 2003, by the City of Rohnert Park City Council by the following vote: Attest: De ty Cit Jerk CITY OF ROHNERT PARK Mayor mm MACKENZIE: AYE NORDIN: AYE SPRADLIN: ABSENT VIDAK- MARTINEZ: AYE FLORES: AYE AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0) N.