2017/10/10 City Council Resolution 2017-122RESOLUTION NO. 2017-122
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK, CALIFORNIA, UPHOLDING AN APPEAL AND
APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN AND
ARCHITECTURAL REVIEW FOR MIXED-USE MULTI -FAMILY AND RETAIL
COMMERCIAL PROJECT LOCATED AT THE NORTHEAST CORNER OF EAST
COTATI AVENUE AND CAMINO COLEGIO AVENUE (143-340-061 AND 158-270-065)
WHEREAS, the applicant, Steven Scarpa, filed Planning Application No. PLSU17-0002
for a Conditional Use Permit and Site Plan and Architectural Review to allow a mixed-use multi-
family and retail commercial project at the northwest corner of East Cotati Avenue and Camino
Colegio Avenue (APN 143-340-061 and 158-270-065), in accordance with the City of Rohnert
Park Municipal Code;
WHEREAS, Planning Application No. PLSU17-0002 was processed in the time and
manner prescribed by State and local law;
WHEREAS, on June 22, 2017 the Planning Commission opened the public hearing and
received testimony at which time the applicant requested the hearing be continued to the July 13,
2017 meeting to allow the owner the opportunity to attend;
WHEREAS, on July 13, 2017 the Planning Commission reviewed Planning Application
No. PLSU17-0002 during a scheduled public meeting at which time interested persons again had
an opportunity to testify either in support of or opposition to the project (Planning Commission
Staff Report and Attachments, Exhibit B); and,
WHEREAS, at the July 13, 2017, Planning Commission meeting, upon hearing and
considering all testimony and arguments of all persons desiring to be heard, the Commission
considered all the facts relating to Planning Application No. PLSU17-0002 and did not approve
the Conditional Use Permit and Site Plan and Architectural Review that would allow for a
mixed-use multi -family and retail commercial project at the northwest corner of East Cotati
Avenue and Camino Colegio Avenue; and
WHEREAS, on July 21, 2017, the applicant, Steven Scarpa, filed an appeal (Exhibit C)
requesting the City Council reconsider Planning Application No. PLSU17-0002 and on August
16, requested that the hearing be held on October 10, 2017; and
WHEREAS, on October 10, 2017, the City Council considered the appeal and reviewed
Planning Application No. PLSU17-0002 during a scheduled public meeting at which time
interested persons had an opportunity to testify either in support of or opposition to the 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.
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Section 2. minding . The City Council in considering the appeal has reviewed Planning
Application No. PLSU17-0002 makes the following findings to support the approval of the
Conditional Use Permit:
A. 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 C -N Neighborhood Commercial zoning district is an
appropriate zone for this type of mixed use project. The City Council has determined
that the site meets the parking requirements contained with the zoning ordinance and
that the proposed project does not result in undue impacts on the surrounding
neighborhood beyond impact anticipated by the General Plan. The project would
provide a net increase in parking over anticipated demand, and nine additional spaces
along Camino Colegio to help alleviate parking issues in the neighborhood. The
project is consistent with the neighborhood commercial zoning designation and the
proposed development would be harmonious with surrounding residential and
commercial development. The development would provide for needed housing
opportunities in a central location.
B. 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
surrounding uses.
Criteria Satisfied. As part of the project review the impact of this project on the
neighborhood was carefully considered. Particular attention was paid to neighborhood
traffic and parking issues due to concerns expressed by neighborhood residents and the
Planning Commission. The concerns are related to a perceived increase in traffic, a
perceived deficiency in neighborhood parking, perceived hazards introduced by new
driveways accessing the project site and potential noise impacts from refuse enclosures
along the rear property line. Staff reviewed these issues and concluded that any
project on this site would not result in such impacts. The proposal is not expected to
exacerbate the on -street parking issues in the neighborhood. A study completed for the
project reveals that the site will have adequate parking. The addition of nine on -street
parking space provided, above and beyond the zoning ordinance requirement, would
increase the on -street parking supply in the neighborhood. The project site has been
designed consistent with the General Plan designation for the site and is consistent
with the zoning ordinance.
Any development of the subject site would require a minimum of two entries to access
off-street parking and result in a slight increase in localized traffic. It would not be
reasonable to prohibit all development on this site in order to prevent additional
neighborhood traffic.
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As a mixed use project including multi -family and commercial uses, the project will
be compatible with surrounding commercial and residential uses. The developer has
designed the project to protect adjacent single-family homes from adverse impacts
from the development as much as possible by locating the buildings along Camino
Colegio - providing separation from the neighboring single family homes. A masonry
wall would be constructed to provide additional separation. The project's commercial
uses are oriented towards East Cotati and relate well to the commercial orientation of
the East Cotati corridor.
C. The proposed conditional use will comply with each of the applicable provisions of
this title.
Criteria Satisfied. This development would conform to all requirements of the
Municipal Code, including the requirements of the C -N Neighborhood Zoning District
including building setbacks, parking, open space and building design.
Section 3. Factors Considered. The City Council in considering the appeal has reviewed
Planning Application No. PLSU17-0002 and considered the following factors to support
approval of the Site Plan and Architectural Review (SPAR):
A. That the developments general appearance is compatible with existing development
and enhances the surrounding neighborhood.
Criteria. SatisFed. The proposed development is compatible with surrounding
commercial and multi -family development. The design of the project will provide a
contemporary design that will complement and enhance existing architecture in the
area. The height and scale is consistent with the C -N Neighborhood Commercial
District. The building height is consistent with multi -family structures in the area. The
majority of the buildings have been placed along Camino Colegio to shift the building
masses away from the single family homes on adjacent properties.
B. 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 fagade facing the street; and/or the line and pitch of the roof.
Criteria Salished. The building elevations depict deep recesses and major articulation
in the building walls and the roof line that would reduce the bulk of the structures.
The apartment units would have individual patios enclosed by attractive planter
containers. Extensive tree planting would be included in the landscaped areas. An
attractive outdoor patio is located between the commercial structures on East Cotati
Avenue. The development will include attractive improvements on the street
frontages.
C. That the development will be located and oriented in such a manner so as to provide
pedestrian, bicycle and vehicular connections with adjacent properties, as
appropriate, and avoids indiscriminate location and orientation.
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Criteria Satisfied. The project site is within walking distance of the SMART station,
Sonoma State University and a wide variety of shopping options. Bike lanes are
currently provided on East Cotati Avenue and on Camino Colegio Avenue. There is
also a bike and pedestrian path along the SMART tracks leading to other designations
in the city. The project site would provide require bicycle parking. Project sidewalks
would connect to the public sidewalk system and new sidewalks would be adding
along the project frontages which would enhancing the pedestrian system for the
neighborhood.
Section 4. Environmental Determination. This proposal is categorically exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 of
the CEQA Guidelines because the project is a Class 32 In -Fill Development Project as set forth
in the criteria of subdivisions (a), (b), (c), (d) and (e). No further action is required pertaining to
environmental review.
Section 5. Appoval. The City Council does hereby uphold the appeal and approve Planning
Application No. PLSU17-0002 subject to the conditions of approval provided in Exhibit A.
DULY AND REGULARLY ADOPTED this 10th day of October, 2017.
ATTEST:
Caitlin Saldanha. Deputy City Clerk
Attachments: Exhibits A, B, and C
CITY OF ROHNERT PARK
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2017-122
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Exhibit A
ADOPTED PER CC RESOLUTION NO. 2017-122
Conditions of Approval
Conditional Use Permit and Site Plan and Architectural Review:
Vintage Pointe III Project
The conditions below shall apply to the Vintage Pointe III Project located at the Northeast
Corner of East Cotati Avenue and Camino Colegio Avenue.
General Conditions
1. All applicable provisions of the City of Rohnert Park Municipal Code (RPMC) 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
RPMC. In conformity with Chapter 1.16 of the RPMC, a violation of the RPMC 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 proceedings
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.
General Project Conditions
4. By accepting the benefits conferred under the Vintage Pointe III project, the Applicant
acknowledges all the conditions imposed and accepts the development subject to those
conditions. The use of the property by the Applicant for any activity authorized by the project
approvals shall constitute acceptance of all of the conditions and obligations imposed by the
City. The Applicant by said acceptance waives any challenges as to the validity of these
conditions.
5. The Vintage Pointe III Project shall be designed, approved and installed to be consistent with
the RPMC and the City of Rohnert Park General Plan.
6. The Site Plan and Architectural Review approval shall expire one year from the Planning
Commission approval date, unless prior to expiration a building permit is issued and
construction is commenced and diligently pursued toward completion and the use is initiated,
or an extension is requested and approved.
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Project Design Conditions
7. All improvements shall conform to the approved site plan, exterior elevations, landscape
plan, and materials board. Any minor changes shall be reviewed and approved by staff.
8. Bicycle racks shall be provided adjacent to the access for the commercial tenants and for the
residential tenants for both short term and long term bike storage, details subject to
Development Services staff approval.
9. All roof and ground mounted mechanical equipment shall be screened from public view,
details subject to Planning and Building review.
10. Project lighting shall be reviewed and approved by planning and engineering staff and
conform to the approved plan. All exterior lighting shall be LED and designed to avoid
spillover onto adjacent properties and the public right-of-way. All lighting, reflective
surfaces, and other sources of illumination shall be utilized in a manner that minimized glare
on public streets or any other parcel. The lights shall be of a minimum illumination necessary
to perform operations and provide for safety and security. (See also Condition #27).
11. Frontage improvements along Cala Way shall be constructed all the way to the intersection
of Cala Way and Caridad Court. This includes the landscaping strip proposed between the
sidewalk and the street (if approved as part of the street design analysis). All public signage,
striping, and markings along the frontage shall be placed on the site improvement plans.
Replacement of existing markings will be required with the new street alignment.
12. A street design analysis will be required for Cala Way and Camino Colegio. The sidewalk,
landscaping strip, and parallel parking improvements proposed within the public ROW will
need to be designed in a way that does not impact traffic flow on the public roads. If the
design cannot meet City Standards, some, if not all of the improvements need to be shifted
onto the property. Any improvements placed on the property will require a public easement.
13. Landscaping along the project frontage shall be irrigated and maintained by the property
owner. Include these in the proposed irrigation plans.
14. Landscaping shall be constructed in accordance with the State’s Model Water Efficient
Landscaping Ordinance (MWELO), or in accordance with water conservation standards
which meet or exceed the requirements of the MWELO. 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 to and reviewed and approved by the Development Services Department prior to
construction. All costs for review of the requirements of the MWELO shall be borne by the
Applicant. All landscaping and irrigation subject to the MWELO shall be substantially
complete prior to the issuance of a Certificate of Occupancy.
15. Project shall install purple pipe to accommodate recycled water for landscape uses when
available in the future. The installation shall be designed in accordance with the City of Santa
Rosa’s Recycled Water Users Guide for future connection.
16. The project shall meet the following: Regulations governing construction standards and
specifications including California Building Code Standards as amended and adopted by the
City, and all other applicable State and local regulations applicable in the City at the time of
permit application.
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17. The landscaping shall be maintained in an attractive, weed and litter-free condition at all
times.
18. There shall be no banners, flags, sandwich boards, or other temporary signs or attraction
getting devices displayed on the property without the appropriate permit.
19. Any new trees within five (5) feet of the public right-of-way or within five (5) feet of any
paved areas within the project shall have root barriers that are approved by the City Engineer.
Public Safety Conditions
20. The project will require deferred permits for the Fire Sprinkler System, Fire Alarm System
and hood a duct fixed extinguishing system. The permit applications and fees shall be
submitted to the City of Rohnert Park Fire division prior to any construction is started on any
of these systems.
21. Key access shall be provided to the interior of businesses, including utility shut-off placed in
Fire Department lock box. Provide a new lock box as required (during site inspection).
22. Fire extinguishers shall be installed per the Fire Code.
23. Fire lanes/marking shall be reviewed during Fire Division construction inspections.
24. Illuminated exit signs shall be provided at all exits.
25. Illuminated address signs shall be provided details subject to approval of the Fire Division.
26. The adequacy of the existing fire hydrants will be verified as the project develops.
27. Operation permits: Place of Assembly may be required prior to occupancy.
28. All electrical panels and roof access ladders shall be located in a mechanical room or
enclosure.
Prior to Improvement Plan Issuance
26. All improvements shall be designed in conformance with: the City of Rohnert Park, Manual
of Standards, Details and Specifications in effect at the time of development
27. The grading plan shall be prepared by a Registered Civil Engineer, licensed in the State of
California and shall be submitted for review and approval by the City Engineer.
29. The Project benchmark shall be based on a City approved USGS benchmark.
30. An easement for public sidewalk along Camino Colegio, East Cotati, and Cala Way shall be
provided and approved for all portions along the frontage that is not in the City’s ROW.
31. All existing portions of sidewalk not up to current accessibility standards, and not up to the
City’s current standard shall be replaced.
32. The applicant shall submit a geotechnical study conducted by an engineer licensed in the
State of California and qualified to perform soils work, or a California Certified Geologist
and acceptable to the City. Recommendations shall be provided, as necessary, to prevent
damage to Project facilities and compliance with these recommendations shall be required as
a condition of development at the Project site. The grading and improvement plans shall
incorporate the recommendations of the approved geotechnical study. This geotechnical
study shall at a minimum evaluate the following:
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a. The liquefaction potential at the Project site.
b. The location and extent of expansive soils at the Project site, including recommendations
regarding the treatment and/or remedy of on-site soils, and the structural design of
foundations and underground utilities.
c. Seismic safety including recommendations regarding the structural design of foundations
and underground utilities.
28. The improvement plans shall be prepared by a Registered Civil Engineer, licensed in the
State of California, shall be submitted for the review and approval of the City Engineer prior
to issuance of a grading permit.
38. Improvements plans shall include an erosion control (winterization) plan. The plan must
include an order of work and staging/scheduling component indicating when facilities must
be installed and when they may be removed. A separate Rain Event Action Plan (REAP)
shall be required and prepared as part of the Storm Water Pollution Prevention Plan
(SWPPP). A copy of the REAP shall be kept on-site throughout the duration of construction
activities.
33. The grading plan shall clearly show all existing survey monuments and property corners and
shall state that they shall be protected and preserved.
34. The improvement plans shall illustrate public street frontage improvements, grading, paving,
utilities, and drainage structures to be built, lighting and trash collection. The improvements
plans shall include parking lots, street and utility information including all concrete curb and
gutter, sidewalk, street lights, striping and signing, paving, water lines, storm drain lines and
sewer lines as necessary, erosion control and any necessary transitions.
35. Sidewalk warps shall be provided to allow a clear five foot walkway at all locations,
including areas where mailboxes, streetlights, street signs and fire hydrants are to be
installed.
36. Driveway entrances shall be designed to meet the requirements of the City Standards and the
City Engineer. All driveways shall be per City standards for commercial developments.
37. Street lighting shall be designed in accordance with City of Rohnert Park and PG&E
requirements. Provide a photometric lighting plan with existing lighting and proposed
lighting on all project frontage. Street light design, spacing, and locations shall be approved
by the City Engineer. Electrical service points shall be shown on the plans based on PG&E
provided locations.
38. The applicant shall submit to the City of Rohnert Park for review and approval, drainage
plans, hydrologic, and hydraulic calculations pipe sizing and storm drain plans prepared by a
Registered Civil Engineer licensed in the State of California. The drainage plans and
calculations shall indicate the following conditions before and after development:
a. A site-specific hydrology and drainage study acceptable to the City showing the increase
in storm water runoff that would result from development of the Project site.
b. Quantities of water, water flow rates, drainage areas and patterns and drainage courses.
c. Hydrology shall be per current Sonoma County Water Agency Standards.
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39. Discharge of runoff onto pavement should be avoided.
40. No lot to lot drainage is allowed. No concentrated drainage may discharge across sidewalks.
All site drains must be connected to the public storm drain system, or discharged through the
face of curb or to an established waterway. A minimum of two curb drains will be required
to drain residential lots.
41. Plans and certifications shall demonstrate compliance of all improvements, including
building pads and finished floor elevations, with the City's Flood plain Ordinance, to the
satisfaction of the Building Official and City Engineer. Pad elevations shall be constructed at
a minimum of 1 foot above the 100-year Floodplain as determined by the City and certified
by the project engineer.
42. The improvement plans shall show backflow prevention devices in accordance with the
requirements of the City of Rohnert Park's Backflow Prevention Ordinance.
43. Each individual multifamily and/or commercial unit shall be sub-metered off a master City
water meter.
44. The improvement plans shall include a note that states "All hydrants shall be covered with
bags indicating that the hydrant is not active until flow tests are completed by the City and
the hydrants are approved."
45. A sanitary sewer application shall be submitted to the Development Services for review and
approval. Application shall indicate the type of discharge proposed.
46. Utility plans within existing or proposed public right-of-way for electric, gas, telephone,
cable and fiber optic (joint trench) shall be submitted to the City Engineer for review. All
proposed on-site utilities shall be placed underground. This does not include surface mounted
transformers, pedestal mounted terminal boxes and meter cabinets.
47. The applicant shall secure an encroachment permit from the City prior to performing any
work within the City right of way or constructing a City facility within a City easement.
48. If the site will require import or export of dirt, the applicant shall submit in writing the
proposed haul routes for the trucks and equipment. The haul routes must be approved by the
City prior to import/export work commencing.
49. For a grading permit, the applicant shall secure an approval of a grading plan prepared by a
Registered Civil Engineer licensed in the State of California, pay all required fees and post
sufficient surety guaranteeing completion.
During Construction
50. Hours of work shall be limited to between 8 a.m. to 6 p.m. Monday through Friday. Work on
Saturday or Sunday will only be permitted with written permission from the City. Requests
for extended hours must be submitted 72 hours in advance.
51. The applicant shall be responsible to provide erosion and pollution control in accordance
with the approved plans and permits.
52. If grading is to take place between October 15 and April 15, both temporary and permanent
erosion control measures, conforming to the project erosion control plans shall be in place
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before October 1st. Erosion control measures shall be monitored and maintained
continuously throughout the storm season.
53. The following minimum Best Management Practices (BMPs) shall be required during
construction:
a. Construction crews shall be instructed in preventing and minimizing pollution on the job.
b. Construction entrances/exits shall be stabilized to prevent tracking onto roadway.
c. Exposed slopes shall be protected from erosion through preventative measures.
d. Use brooms and shovels when possible to maintain a clean site
e. Designate a concrete washout area. Maintain washout area and dispose of concrete waste
on a regular basis.
f. Establish a vehicle storage, maintenance, and refueling area.
g. Protect drain inlets from receiving polluted storm water through the use of filters such as
fabrics, gravel bags or straw wattles.
h. Have necessary materials onsite before the rainy season.
i. Inspect all BMPs before and after each storm event. Maintain BMPs on a regular basis
and replace as necessary, through the entire course of construction.
Prior to Building Permit Issuance
54. Prior to the issuance of any sign permits, a Master Sign Program approval shall be required
by the Planning Commission. Only one monuments sign shall be permitted per property
frontage.
55. Plans submitted for a building permit shall indicate accessible units.
56. Electrical Vehicle parking shall be provided as required by the Building Code.
57. Prior to issuance of a building permit the two parcels shall be merged into a single parcel.
58. The applicant shall provide pad certifications for the site on which the building permit is
requested.
59. The applicant shall retain the existing trees along the east property line located on the
adjacent residential properties.
Prior to Occupancy
60. Plans shall be submitted for the retaining wall along the Cala Way frontage. The wall shall be
the same color as the apartment building.
61. The masonry wall shall be installed along the east property line shall be six (6) feet in height
unless a shorter wall is requested by the adjacent property owners. The color of the wall
shall match the building color.
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62. The applicant shall have entered into the City’s standard Master Maintenance Agreement
with the City to address long term maintenance of, among other things, the stormwater
BMPs.
Prior to Site Improvement Acceptance
63. All improvements shown on the Improvement Plans shall be completed.
64. A complete set of As-Built or Record, improvement plans on the standard size sheets shall be
certified by the Civil Engineer licensed in the State of California and returned to the City
Engineer's office prior to final acceptance of the public improvement. These shall show all
constructive changes from the original plans including substantial changes in the size,
alignment, grades, etc. during construction.
65. Approved Record Drawings shall be provided to the City geo-referenced in Autocad DWG
and & PDF File formats.
66. All existing curb, gutter and sidewalk to remain shall be inspected by the City. Any curb,
gutter and sidewalk which is not in accord with City standards or is damaged before or
during construction, shall be replaced.
67. The applicant shall provide a written statement signed by his or her engineer verifying that
the grading and/or drainage improvements are completed in accordance with the plans
approved by the Sonoma County Water Agency, the City Engineer, and the Building
Official.
Exhibit B to Resolution
Exhibit C to Resolution