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2017/03/09 Planning Commission Resolution (2)PLANNING COMMMISSION RESOLUTION NO. 2017-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A SITE PLAN AND ARCHITECTURAL REVIEW FOR A MULTI -FAMILY PROJECT LOCATED AT THE NORTHEAST CORNER OF COMMERCE BOULEVARD AND AVRAM AVENUE (Barney Aldridge, Avram Partners, LLC) WHEREAS, the applicant, Barney Aldridge, of Avram Partners, LLC, filed Planning Application No. PLSU16-0001 for a Site Plan and Architectural Review to allow a multi -family project at the northeast corner of Commerce Boulevard and Avram Avenue (see Exhibit 1), in accordance with the City of Rohnert Park Municipal Code (RPMC); WHEREAS, the subject properties are currently owned by the City and under contract to be sold to the applicant. A purchase and sale agreement has been entered into between the City and applicant for the purchase of the property, with a purchase price of $1.4 million, and close of escrow scheduled for April 12, 2017; WHEREAS, Planning Application No. PLSU16-0001 was processed in the time and manner prescribed by state and local law; WHEREAS, the applicant applied for an affordable housing density bonus per RPMC § 17.07.H and Gov. Code §65915 (PLAP17-0001), to allow for a 32.5% density bonus, a building setback concession, and mandated parking reductions in exchange for the creation of seven (7) affordable units designated for the Very Low Income affordability level; WHEREAS, an administrative permit for the affordable housing density bonus was granted on February 24, 2017, allowing a 32.5% density bonus, a building setback concession, and mandated parking reductions in exchange for the creation of seven (7) affordable units designated for the Very Low Income affordability level; WHEREAS, on February 9, 2017 the Planning Commission conducted a study session of Planning Application No. PLSU16-0001 during a scheduled meeting; WHEREAS, on March 9, 2017 the Planning Commission reviewed Planning Application No. PLSU 16-0001 during a scheduled public meeting at which time interested persons had an opportunity to testify either in support of or opposition to the project; and, WHEREAS, at the March 9, 2017, Planning Commission meeting, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all the facts relating to Planning Application No. PLSU16-0001; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section I. That the above recitations are true and correct. Section 2. Factors Considered. The Planning Commission, in approving Planning Application No. PLSU16-0001 considered the following factors based on the staff report and attachments, the oral presentation and any oral and written comments presented at the meeting, and hereby makes the following findings: A. That the developments general appearance is compatible with existing development and enhances the surrounding neighborhood. Criteria Satisfied. The proposed development is compatible with surrounding commercial and multi -family development found in the Central Rohnert Park Priority Development Area (PDA)'s Creekside Neighborhood. The project implements the goals of the PDA including Land Use and Development Goals to promote high-quality infill that enhances the character of the neighborhood that takes advantage of transit. The design of the project will provide a contemporary element in the area and will complement and enhance the existing architecture in the area. The project is sited in such away so as to complement the existing City Hall and to provide for an active streetscape along Avram Avenue. The height and scale is consistent with the DT-RH Downtown High Density Residential District. Improvements to the Copeland Creek trail will provide an enhancement and amenity to the surrounding neighborhood and the city as a whole. Native drought tolerant landscaping, LED lighting cast on the Copeland Creek Trail, street -oriented site design, and high quality construction materials will enhance the surrounding neighborhood. Mechanical equipment is carefully shielded from view by architectural details and parapets around the roof line. 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 Satisfied. The project pays special attention to site layout and building design. The multi -family buildings have facades with varied articulation that face the street frontages. The building elevations have deep recesses and major articulation in the building walls and the roof line, providing visual interest to the facades and reducing the bulk of the structures. The primary massing of the structures is shifted away from Avram Avenue and away from the two and three story apartment building south of Avram Avenue to allow light on to the street, match the scale of adjacent buildings, and promote openness and add interest. The apartment units will have individual patios enclosed by attractive railing. Extensive tree planting will be included in the landscaped areas. An attractive pool area and cabana is located on the western end of the project and. The development will include attractive improvements on the street frontages including the varied usage of materials, lighting that highlights the buildings' design and avoids glare to surrounding properties, and the use of varied articulation and open three foot high fencing and walls along Avram Avenue to define the private and public spaces.. 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. 2 Criteria Satisfied. The development is located within walking distance of the Rohnert Park SMART station and a wide variety of shopping options. The project is designed to enhance and take advantage of the trails along Copeland Creek and Commerce Boulevard. Improvements will be made to the Copeland Creek Trailhead at Commerce Boulevard including seating, signage, and architectural ornamentation. Vehicular connections will be provided through two entrances opening on to Avram Avenue that also provides emergency access, pick-up/drop-off circulation, and access to the project's two trash enclosures. Section 3. Environmental Clearance. A consistency review was completed for this project to demonstrate that it is consistent with the Central Rohnert Park Priority Development Area Plan Environmental Impact Report (PDA EIR) that was certified by the City of Rohnert Park in March 2016. The Planning Commission finds that the project will not result in any new potentially significant impacts and there is no new information that was not analyzed in the PDA EIR and that could result in new significant impacts. Therefore, no additional environmental review is required. The project will adhere to the Mitigation Monitoring and Reporting Procedures found in the PDA EIR. NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PLSU16-0001 subject to the conditions attached as Exhibit 2. BE IT FURTHER RESOLVED that said action shall not be deemed final until the appeal period has expired and that the appeal period shall be ten (10) working days from the date of said action. No building permits shall be issued until the appeal period has expired, providing there are no appeals. DULY AND REGULARLY ADOPTED on this 9th day of March, 2017 by the City of Rohnert Park Planning Commission by the following vote: / AYES: `) NOES: ABSENT: ABSTAIN: ADAMS ✓ BLANQUIE `� BORBA GIUDICE HAYDON Susan Adams, Vice-Chairpers6n, Rohnert Park Planning Commission Attest: V I (: san edo, Recording Secretary 3 Exhibit I C:PrLA40 CREEK - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ENM DF4VE li ARAM AVE __,....—......a . I =�-D AVRAf.A HOUSE w--; - 'F PL I 'L.--R-1;1I l:..fz4,. ;e.4 I4CC.�.w'AIJA -- Exhibit 2 ADOPTED PER CC RESOLUTION NO. 2017-08 Conditions of Approval Site Plan and Architectural Review: Avram House Project The conditions below shall apply to the Avram House Project located at 100 Avram Avenue (PROJ16-0002) within the Central Rohnert Park Priority Development Area Plan (PDA). 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 Avram House 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 Avram House Project shall be designed, approved and installed to be consistent with the overall buildout of the Central Rohnert Park Priority Development Area Plan, the RPMC and the City of Rohnert Park General Plan. The Avram House Project shall comply with all applicable mitigation measures established in the Environmental Impact Report (EIR) adopted in 2016 for the Central Rohnert Park Priority Development Area Plan. The project shall also comply with the implementation, monitoring and reporting requirements for each mitigation measure established in the Mitigation Monitoring Program adopted with the EIR. Costs of implementing and monitoring the mitigation measures shall be borne by the Applicant and any successors -in -interest. 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. 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. All roof and ground mounted mechanical equipment shall be screened from public view, details subject to Planning and Building review. 9. 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). 10. 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. 11. Landscaping shall be irrigated using recycled water, to the extent that recycled water is available. The project shall apply for and comply with the City's standard Recycled Water Use Agreement. 12. 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. 13. The landscaping shall be maintained in an attractive, weed and litter -free condition at all times. 14. There shall be no banners, flags, sandwich boards, or other temporary signs or attraction getting devices displayed on the property without the appropriate permit. 2 15. Recycling shall be conducted in accordance with accepted practices as directed by the Sonoma County Waste Management Agency. 16. 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 17. Prior to the issuance of a building permit, the Applicant shall submit a fire hydrant location plan to the Fire Marshal for review and approval. The Applicant shall make provisions for the repair and maintenance of the system in a manner meeting the approval of the Fire Marshal. Fire hydrants must be in place and fully operational within 150 feet of any construction site before the delivery of any combustible materials to that site. Contact the Fire Prevention Bureau for a clearance memo. 18. Prior to the issuance of any Certificate of Occupancy, all fire hydrants shall have a fully functional system with blue reflective pavement markers indicating the hydrant locations on the street as approved by the Fire Marshal. 19. Fire sprinklers which comply with NFPA 13 and local amendments are required for all structures. Provide a fire alarm which complies with NFPA 72 and local amendments. Provide panic hardware at any exit gate. All exit paths shall be illuminated and marked. 20. All buildings and units shall be clearly marked with lighted address numbering on the front of each unit. A complex directory shall be erected at each entry to the development. Details of the directory shall be submitted for review and approval by the Fire Marshal prior to issuance of building permits. Provide a key box with a permanently labelled set of keys at each entry. 21. Fire Lanes must be fully identified with signage and/or red curb markings as approved by the Fire Marshal. 22. Graffiti shall be removed from all structures (such as exterior building walls, retaining walls, noise attenuation walls, utility poles and boxes) within 24 hours of discovery at the expense of the owner or property manager. 23. Plans shall be reviewed by the Public Safety Department prior to issuance of building permits for fire and life safety requirements such as: fire flow, fire hydrants, fire sprinklers, fire department connections, alarm systems, smoke control systems, public -safety, radio amplification systems, gates, egress, and exiting. Such plans will be reviewed and commented on for individual buildings. 24. Prior to issuance of a Certificate of Occupancy, the Applicant shall provide plans or identify measures to comply with standard procedures for implementing the California Fire Code and nationally recognized standards in the use of any combustible and flammable liquids, aboveground or underground storage of such materials, welding and potential spark production, and building occupancy rating in a manner meeting the approval of the Fire Marshal. 25. Prior to the issuance of a building permit, the Applicant shall submit to the Fire Marshal a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used or handled on site. These materials shall be classified according to the California Fire Code, and the information the Applicant submits to the Fire Marshal shall include a summary listing of the totals for storage and use for each hazard class. Prior to the issuance of a building permit, the Applicant shall also complete and submit to the Fire Marshal a copy of a "Hazardous Materials Inventory Statement and Hazardous Materials Business Plan" packet. 26. Open view fencing shall be utilized throughout the site, and final designs shall be reviewed and approved by the Planning Manager prior to construction. 27. Continuous illumination directed down at the path shall be provided on the Copeland Creek trail adjacent to the Project site, subject to review by the Planning and Engineering Departments. Grading and Improvement Plan Requirements 28. 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 29. The Project benchmark shall be based on a City approved USGS benchmark, and also confirmed by BKF to be applicable for Final Map. 30. The applicant shall implement the design recommendations stated in the "Design Level Geotechnical Investigation Proposed Residential Development 100 Avram Avenue, Rohnert Park, California" submitted by PJC & Associates dated August 4th, 2016 as a condition of development at the project site. 31. 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. 32. The grading plan shall clearly show all existing survey monuments and property corners and shall state that they shall be protected and preserved. 33. 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. 34. The improvement plans shall illustrate public street frontage improvements, grading, paving, utilities, and drainage structures, and lighting and trash collection facilities to be built. 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. The improvement plans shall include signage, striping and green bike lane delineation as necessary to formalize the bicycle and pedestrian crossing routes from the Copeland Creek trail to the Class 1 multi -use pathway on Commerce Boulevard. 36. The improvement plans shall show all existing curb, gutter, and sidewalk along both street frontages replaced. The plans shall show the new trail path and shall follow City of Rohnert Park standards during design and construction. M 37. The improvement plans shall show completion of the concrete Copeland Creek trail along the project's Copeland Creek frontage. 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. 39. The Improvement Plans shall include the following required notes: a. "Any excess materials shall be considered the property of the contractor and shall be disposed of away from the job side in accordance with applicable local, state and federal regulations." b. "During construction, the Contractor shall be responsible for controlling noise, odors, dust and debris to minimize impacts on surrounding properties and roadways. Contractor shall be responsible that all construction equipment is equipped with manufacturers approved muffler's baffles. Failure to do so may result in the issuance of an order to stop work." c. "If at any time during earth disturbing activities a concentration of artifacts or a cultural deposit is encountered, work shall stop in the immediate area and the construction manager shall contact the City and a qualified archeologist." d. "If human remains are encountered anywhere on the project site, all work shall stop in the immediate area and the construction manager shall contact the City, the County Coroner and a qualified archeologist." e. "If paleontological resources or unique geologic features are encountered during construction, all work shall stop in the immediate area and the construction manager shall contact the City and a qualified paleontologist." f. "Construction work hours shall be consistent with the Rohnert Park Municipal Code, Noise Ordinance. g. "All proposed on-site utilities shall be placed underground. This does not include surface mounted transformers, pedestal mounted terminal boxes and meter cabinets." h. "If hazardous materials are encountered during construction, the contractor will halt construction immediately, notify the City of Rohnert Park, and implement remediation (as directed by the City or its agent) in accordance with any requirements of the North Coast Regional Water Quality Control Board." i. "The contractor(s) shall be required to maintain traffic flow on affected roadways during non -working hours, and to minimize traffic restriction during construction. The contractor shall be required to follow traffic safety measures in accordance with the Cal Trans "Manual of Traffic Safety Controls for Construction and Maintenance Work Zones." The City of Rohnert Park emergency service providers shall be notified of proposed construction scheduled by the contractor(s) in writing and at least 24 hours in advance of its proposed schedule of work." 5 Site Civil and Landscape Plans 40. Sidewalk transitions 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. 41. The improvement plans shall illustrate accessible ramps and parking as required by State of California Title 24. 42. 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 multi -residential developments. 43. Site photometrics are to be submitted with the Site Civil Drawings for review and approval. 44. Landscape plans shall be submitted with the civil improvement plans. Sidewalk alignment shall be shown on both the civil and landscape plans. 45. The site design shall include adequate fire lanes and other emergency facilities as determined by Department of Public Safety including any NO PARKING lanes, turnarounds, or other features as required by the Rohnert Park Department of Public Safety. Hydrology, Storm Water and Storm Drain 46. The storm drain system shall be designed to meet the requirements of the Sonoma County Water Agency Flood Control Design Criteria (latest revision), specific to the Project and these conditions. 47. The applicant shall prepare and implement a site specific storm water pollution prevention plan acceptable to the City that identifies best management practices for effectively reducing discharges of storm water containing sediment and construction wastes resulting from site construction activities. The applicant shall also include 5 - mm trash screens at the outfall into Copeland Creek in conformance with trash capture requirements adopted by the State Water Resources Control Board in April 2015. 48. The improvement plans shall be in conformance with the City of Santa Rosa Storm Water Low Impact Development Technical Design Manual (latest edition). 49. The project shall apply for and comply with the City's standard Master Maintenance Agreement for all onsite stormwater best management practices. 50. Discharge of runoff onto pavement should be avoided. 51. Drainage improvements shall be designed by a Civil Engineer registered in the State of California in accordance with the Sonoma County Water Agency's Flood Control Design Criteria. Public and private drainage improvements shall be shown on the improvement plans and shall be approved by the Sonoma County Water Agency (SCWA) prior to approval by the City Engineer. no 52. 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. 53. 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. 54. Site drainage design must include facilities for the containment of recycled water runoff due to over irrigation, system leakage or control failure. Water System Requirements 55. The improvement plans shall show backflow prevention devices in accordance with the requirements of the City of Rohnert Park's Backflow Prevention Ordinance. 56. Each individual multifamily shall be sub -metered off a master City water meter. 57. The improvement plans shall show water services to all building. All City water meters shall be located within the right-of-way unless otherwise approved by the Development Services Department. The improvement plans shall show fire protection in accordance with the requirements of Rohnert Park Fire Department. 58. The improvement plans shall show hydrants placed per the direction of the Rohnert Park Fire Division. 59. 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." Sewer System Requirements 60. Sewer grades must be designed such that ultimate finished floors are a minimum of 12" above upstream manhole or clean-out rim elevations Recycled Water System Requirements 61. The improvement plans shall show recycled water use for irrigation. 62. The recycled water system improvements shall be designed in accordance with the City of Santa Rosa's Recycled Water Users Guide, the City of Santa Rosa and City of Rohnert Park standards, Title 22 of the California Code of Regulations and the requirements of the North Coast Regional Water Quality Control Board. 63. All recycled water mains, service laterals, plumbing, valves, pipes, appurtenances, irrigation parts, vaults and boxes must be purple. Recycled water notification signs shall be installed as directed by the City Engineer. Recycled water spray, mists and ponding must not be present in any designated eating area. All drinking fountains must be positioned or shielded to eliminate any exposure to recycled water sprays or mists. 7 64. Recycled water/potable water dual plumbing design and layout, construction - installation and final inspection review for individual lots or grouping of lots must be performed by an AWWA certified Cross Connection Specialist and all deficiencies must be corrected at the applicant's expense. Written reports of the Cross Connection Specialist's finding must be submitted to and approved by the City. Dry Utility System Requirements 65. Utility plans within existing public right-of-way for electric, gas, telephone, cable and fiber optic (joint trench) shall be submitted to the City Engineer for review. All above -ground structures shall be specifically approved by the Director of Development Services. 66. All onsite utilities shall be placed underground. Prior to the Application for Grading Permits and/or Improvement Agreements 67. An approval letter from the Sonoma County Water Agency regarding their access arrangement to Copeland Creek shall be provided. The letter shall indicate ownership/ maintenance of the various improvement being proposed, and an exhibit shall be prepared showing the responsibilities of the various parties as agreed upon at an earlier date (property owner, Sonoma County Water Agency, City). Prior to the Issuance of Grading Permits and/or Improvement Agreements 68. No construction activity may commence until the applicant has demonstrated to the City that it has filed a Notice of Intent to comply with the Terms of General Permit to Discharge Storm Water Associated with Construction Activity (NOI) with the State of California Water Resources Control Board. 69. 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. 70. 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. 71. 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. 72. The applicant shall provide the city with signed deeds for all on-site and off-site easements associated with the project. The applicant shall facilitate obtaining a public easement for the Copeland Creek Trail in favor of the City of Rohnert Park signed by SCWA if the trail is in SCWA's right of way, and/or shall grant an easement if the trail is on private property. 73. Prior to application for a grading permit, a striping layout must be approved by the City Engineer for parking on both sides of Avram from Commerce Blvd. to Santa Alicia, as well as the north side of Santa Alicia Drive from the intersection of Avram Avenue to the first intersecting driveways both eastbound and westbound. Prior to Application for the First Building Permit 74. Prior to the application for the first building permit, Tentative and Final Maps shall be submitted to the City. The Maps shall show: a. Dedication of a new public storm drain easement over the rerouted storm drain line b. Abandonment of the existing public storm drain easement over the pipe to be abandoned c. An access easement in favor of the Sonoma County Water Agency for access to Copeland Creek from Avram Avenue. d. Abandonment of the existing 20' parking and landscape easement on 6750 Commerce Boulevard parcel. e. The merging of the parcels on the tentative map into one parcel f. Abandonment of the existing Public Utility Easement (107 O.R. 46) Prior to the Issuance of the First Building Permit 75. Prior to issuance of the first building permit, the applicant shall reimburse the City for any unpaid application processing costs incurred during the environmental review and entitlement approval process. 76. As required in the Administrative Permit approved on February 24, 2017 (PLAP 17- 0001), prior to issuance of the first building permit, the applicant shall enter into with the City and record an affordable housing restriction in a form acceptable to the Planning Manager and City Attorney and consistent with the provisions of State of California Density Bonus law (Government Code section 65915 et seq.) to, among other things, guarantee that a minimum of seven residential units will remain available for Very -Low Income households for a period of 55 years from the first occupancy. 77. The applicant shall provide pad certifications for the site on which the building permit is requested. 78. The applicant shall provide proof of payment of any impact fees required by the school district that serves the property. 79. The applicant shall demonstrate adequate fire flows to protect combustible construction in accordance with the RPMC and to the satisfaction of the City's Fire Marshall During Construction 80. All construction shall conform to the City's most current Manual of Standards, Details, and Specifications latest edition, all City Ordinances and State Map Act and the approved plans. 1 81. The applicant shall complete all water and wastewater improvements, including pressure and bacterial testing and raising manholes and cleanouts to grade prior to connection of any improvements to the City water or wastewater systems. 82. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Sonoma County Environmental Health Department, the Fire Department, the Police Department, and the Development Services Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 83. The applicant shall be responsible to provide erosion and pollution control in accordance with the approved plans and permits. 84. The applicant shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period. 85. 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 before October 1 st. Erosion control measures shall be monitored and maintained continuously throughout the storm season. 86. 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. Protect drain inlets from receiving polluted storm water through the use of filters such as fabrics, gravel bags or straw wattles. g. 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. j. All construction implementation measures as outlined in the approved Mitigation Monitoring and Reporting Program. 87. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of land slippage, liquefaction, erosion, settlement, and seismic activity. 10 88. The Project shall comply with the RPMC, including hours of construction. All construction equipment shall be adequately muffled and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 89. 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. 90. Throughout the construction of the project, dust control shall be maintained to the satisfaction of the City, including all measures in the approved Mitigation Monitoring and Reporting Program. The applicant shall be responsible to implement reasonable measure to cure any problems that may occur. At a minimum the dust control measures will include: • Cover all trucks hauling construction and demolition debris from the site. • Water on a continuous as -needed basis all earth surfaces during clearing, grading, earthmoving, and other site preparation activities. • Use watering to control dust generation during demolition.. • Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved parking areas and staging areas. • Sweep daily (with water sweepers) all paved areas and staging areas. • Provide daily clean-up of mud and dirt carried onto paved streets from the site. • Properly maintain all construction equipment. • For construction sites near sensitive receptors (or if residential development occurs prior to commencement of commercial development): • Install wheel washers for all existing trucks, or wash off the tires or tracks of trucks and equipment leaving the site. • Suspend dust -producing activities during periods when instantaneous gusts exceed 25 mph when dust control measures are unable to avoid visible dust plumes. • Limit the area subject to excavation, grading and other construction or demolition activity at any one time. 91. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, § 2485 of California Code of Regulations). Clear signage regarding idling restrictions shall be provided for construction workers at all access points. 92. The applicant shall post a publicly visible sign with the telephone number and person to contact at the construction site and at the City of Rohnert Park regarding dust complaints. The applicant shall respond and take corrective action within 48 hours. The Bay Area Air Quality Management District's phone number shall also be visible to ensure compliance with applicable regulations. 11 93. The applicant shall post signs of possible health risk during construction. The applicant is responsible for compliance with the Bay Area Air Quality management District's rule regarding cutback and emulsified asphalt paving materials. 94. The application shall require that its construction contractors use newer construction equipment that meets the NO,, emissions standard of 6.9 grams per brake -horsepower hour. 95. The project applicant shall require that its construction contractors use off-road diesel - powered construction equipment with engines greater than 50 horsepower be equipped with a Level 3 Verified Diesel Emissions Control (VDEC). 96. The applicant shall repair all construction related damage to existing public facilities (streets, sidewalks, utilities etc.) at no cost to the City. 97. If, during construction, the contractor damages any existing facilities on the neighboring properties (i.e. fences, gates, landscaping, walls, etc.) contractor shall be responsible to replace all damaged facilities. Prior to Occupancy 98. All streets and sidewalks shall be paved, all public utilities installed, all signage relating to traffic control (stop signs, etc.) and all streetlights must be operational. 99. All water system improvements necessary to provide fire flows and pressures shall be installed an operational 100. All improvements shown in the improvement plans deemed necessary for the health, safety and welfare of the occupant and general public shall be completed. 101. 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. 102. The applicant shall have entered into the City's standard Recycled Water Agreement, designate site supervisor(s) and undertake any other activities necessary. Prior to Acceptance of Public Improvements 103. All improvements shown on the Improvement Plans shall be completed. 104. 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. 105. 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. 106. 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 12 improvement. These shall show all constructive changes from the original plans including substantial changes in the size, alignment, grades, etc. during construction. 107. Approved Record Drawings shall be provided to the City geo-referenced in Autocad DWG and & PDF File formats. The same benchmark shall be used as in Condition #29. 13