2017/04/13 Planning Commission ResolutionPLANNING COMMMISSION RESOLUTION NO. 2017-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT, SITE PLAN AND ARCHITECTURAL REVIEW FOR AN ASSISTED LIVING
AND MEMORY CARE FACILITY (APN 159-460-026 & 027)
WHEREAS, the applicant, Tony Ferrero and Carissa Savant for CSL Berkshire
Acquisitions, LLC, filed Planning Application No. PL 16-0003 for a Conditional Use Permit, Site
Plan and Architectural Review to allow an assisted living and memory care facility on property
located on a 3.5 acre site located east of the intersection of Rohnert Park Expressway and Snyder
Lane (APN 159-460-026 & 027), in accordance with the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PLSU16-0003 was processed in the time and
manner prescribed by State and local law;
WHEREAS, public hearing notices were transmitted to all property owners within a 300
foot radius of the subject property and to all agencies and interested parties as required by
California State Planning Law, and a public hearing notice was published in the Community Voice
for a minimum of 10 days prior to the first public hearing;
WHEREAS, on April 13, 2017, the Planning Commission reviewed Planning
Application No. PLSU16-0003 at which time interested persons had an opportunity to testify
either in support of or opposition to the project; and,
WHEREAS, at the April 13, 2017, Planning Commission meeting, upon 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. PLSU16-0003.
NOW, THEREFORE, THE PLANNING COMMISSION 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 considered. The Planning Commission, in approving the
Conditional Use Permit, makes the following factors, to wit:
A. 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 proposed project is on a site that was originally planned for an
assisted living facility when the Oak View Apartments were constructed. A facility of this
type is consistent with the Office (0) zoning. The O zoning is to provide appropriate areas
for office uses — particular when employment for Rohnert Park residents may be provide.
The district also provide for a mix of residential/commercial development where
appropriate. This type of use fits in with the medical office building in this area in terms of
building typology (e.g. appearance of building) and the function of the transportation
circulation system.
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 the operation and
maintenance of the Conditional Use will be compatible with the surrounding uses.
Criteria Satisfied. The proposed assisted living and memory care facility will be located
on a site that was previously approved for the same type of facility. It will be adjacent to
a senior living facility and will be compatible with that use. The facility will have adequate
access to Rohnert Park Expressway and Medical Center Drive with vehicular connection
between the existing senior apartments and the new facility.
C. The proposed Conditional Use will comply with each of the applicable provisions of this
title.
Criteria Satisfied. In evaluating this project it has been found that it complies with all of
the provisions of the Zoning Ordinance. Staff analysis determined that the building
complied with all setback, building height, floor area ratio and other building development
standards. The parking complies with the minimum parking ratios for this type of use and
the parking lot design complies with parking lot design standards established by the code.
The building and landscape architecture were reviewed according the City's Design
Guidelines as required by the zoning ordinance and was determined to be consist with those
guidelines.
Section 3. Findings considered: The Planning Commission, in approving Site Plan
and Architectural Review, PLSU16-0003, makes the following factors, to wit:
That the development's general appearance is compatible with existing development and
enhances the surrounding neighborhood.
Criteria Satisfied. The two-story buildings have a craftsman style architecture compatible
with the adjacent Oak View Senior Residential project. The building is also compatible
with some of the craftsman style homes being constructed in the University District
Specific Plan. The development is attractively landscaped with special attention taken to
the outdoor amenities for the residents of the facility. The front setback along Rohnert Park
Expressway will also provide an attractive landscaped appearance from the street.
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 fagade facing the street; and/or the line and pitch of the roof.
Criteria Satisfied. There are substantial variation in the building walls and roof line
resulting in an attractive appearance. A variety of building materials will be used including
lapped siding, scalloped siding, shutters, a combination of shingle and metal roofing
materials and stone on columns. A porte cochere will be located over a portion of the
driveway providing access to the entrance to the building.
3. 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.
Criteria Satisfied. There are bike lanes on both Snyder Lane and Rohnert Park Expressway.
The access driveway on Rohnert Park Expressway and Snyder Lane will provide cyclists
safe access to the facility. Vehicle and pedestrian connection is provided between the new
facility and the adjacent senior apartments.
Section 4. Environmental Clearance. A Mitigated Negative Declaration was prepared for
Clearwater in conformance with the California Environmental Quality Act (CEQA), and was
adopted by separate resolution.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PLSU16-0003 subject to the following conditions attached as
Exhibit A.
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 13th day of April, 2017 by the City of
Rohnert Park Planning Commission by the following vote:
AYES: 13 NOES: lJ ABSENT: ;— ABSTAIN: V
ADAMShk4LANQUIE�" SLn BORBA GIUDICE AYDON C/
Haydon, Chairperson, Rohnert Park Planning Commission
Attest:0-'�LkAQ
usan A , edo, Recording Secretary
Exhibit A
ADOPTED PER PLANNING COMMISSION Resolution No. 2017-10
Conditions of Approval: Clearwater
Site Plan and Architectural Review and Conditional Use Permit
The conditions below shall apply to the Clearwater project located at Rohnert Park Expressway
and Snyder Lane (PLSU 16-0003).
General Conditions
1. The Conditional Use Permit, Site Plan and Architectural Review approval shall
expire one year from the Planning Commission approval date, unless prior to the
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.
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 shall comply with all aspects of the adopted Mitigation Monitoring
Program for the project. If there is any conflict between these conditions and the
adopted Mitigation Monitoring Program, the adopted program shall govern.
4. 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 Design Conditions
5. The Project is approved as shown in Exhibits A through K attached to the April 13,
2017 Planning Commission staff report except as conditioned or modified below.
6. All exterior lighting shall be LED including wall lights on the building and shall be
so indicated on building plans.
7. Clearwater shall provide for employee and residents bicycle parking as required by
the Zoning Ordinance. Plans for bicycle parking areas, rooms, racks, etc. shall be
approved by the Planning Manager prior to installation. Bicycle racks shall be the
inverted -U design, unless otherwise approved by the Planning Manager.
8. The van parking space adjacent to the Rohnert Park Expressway entrance to the
project shall be relocated closer to the main entrance to the facility details subject to
Planning and Engineering approval.
9. In the parking areas, a tree shall be provided for every four (4) parking spaces per the
City parking standards in the parking lot. Final landscape plan shall be provided that
demonstrates tree placement for approval by the Planning Division.
Project Design Conditions
10. Any City easements that may be altered for this property or the adjacent property as
a result of the design shall be reviewed by the City. The developer shall put together
an adjusted easement document to be approved and recorded by the City.
11. All new driveways shall be ADA -compliant
12. All new sidewalks connecting to City sidewalks shall be ADA -compliant.
13. Recycled water shall be utilized for irrigation on-site. The application shall apply
for recycled water service, provide WELO calculations, and follow the City of
Santa Rosa's user's guide at this link:
http://srcity.orWdepartments/utilities/recycle/Paegs/default.aspx.
14. A deed restriction shall be recorded over the northerly parcel on Medical Center
Drive requiring that the proposed parking spaces be maintained in favor of the
Wellness Campus unless a subsequent approval for this parcel is approved by the
City.
15. The new trash enclosure shall have a floor drain and shall be connected to the sanitary
sewer.
16. The final design for stormwater measures shall utilize the storm water calculator to
determine the volume capture requirements:
hgp:Hsrcity.org/departments/utilities/stonnwatercreeks/swpermit/Pages/swLIDtech
Manual.asox.
It is noted that the depth of the proposed stormwater storage cells is up to 10' in
places. Groundwater in Rohnert Park can be as shallow as 4-5' during wet weather.
Final design will need to confirm the groundwater depth thru a geotechnical study
and adjust the storage measures as needed.
17. Submittals for Engineering Plan Check shall be made at the Development Services
Department.
18. Any exceptions or variances from these conditions will require the written approval
of the City Engineer or approval of the City Council if required by City Code.
Prior to the Issuance of a Grading Permit
19. The applicant shall demonstrate that the applicant has obtained permits from all
applicable regulatory agencies, including but not limited to, Regional Water Quality
Control Board, State Department of Fish and Game, US Fish and Wildlife Service.
20. A geotechnical study acceptable to the City shall be conducted by an Engineer
licensed in the State of California and qualified to perform soils work, or a
California Certified Geologist prior to site development. 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.
21. The applicant shall submit to the City of Rohnert Park for review and approval, a
grading plan prepared by a Registered Civil Engineer licensed in the State of
California; shall obtain a Grading Permit and shall post sufficient surety
guaranteeing completion.
22. The grading plan shall clearly show all existing survey monuments and property
corners and shall state that they shall be protected and preserved.
23. 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. The haul routes
may be shown by a map submitted to the City.
General Improvement Plans
24. Improvement Plans prepared by a Registered Civil Engineer, licensed in the State of
California, shall be submitted for the review and approval of the City Engineer
showing 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,
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storm drain lines and sewer lines as necessary, erosion control and any necessary
transitions. All improvements shall be in accordance with the City of Rohnert Park
Manual of Standards, Details, and Specifications.
25. Developer shall either complete the required construction prior to receiving a
building permit or enter into an Improvement Agreement and post security for
offsite improvements with the City of Rohnert Park, agreeing to complete the
required construction within 24 months.
Streets, Traffic & Circulation
26. Street improvements shall be provided in accordance with City Manual of
Standards, Details, and Specifications.
27. A Street Signing and Pavement Marking Plan shall be submitted as a part of the
improvement plans and shall be subject to the review and approval of the City
Engineer and City Traffic Engineer.
28. Improvement Plans shall show that handicap ramps and parking shall be provided
as required by State of California Title 24.
29. Driveway entrances shall be designed to meet the requirements of the City
Standards and the City Traffic Engineer. All driveways shall be per City standards
for commercial developments.
30. The Street Signing and Pavement Marking Plan shall show STOP signs and painted
STOP bars on all entrances.
31. Street lighting shall be designed in accordance with City of Rohnert Park and
PG&E. requirements. Street Lighting shall be per City Standards. 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. Any
new streetlights shall be LED.
32. Landscape plans shall be submitted with the street improvement plans. Sidewalk
alignment shall be shown on both the civil and landscape plans.
33. Site design shall include pedestrian pathways and crossings connecting onsite
activity centers.
34. The site design shall include adequate fire lanes and other emergency facilities as
determined by Department of Public Safety including any NO PARKING lanes,
turn-arounds, or other features as required by the Rohnert Park Department of
Public Safety.
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35. By payment of PFFP fees or through credits toward PFFP fees associated with the
project, the project proponent shall fulfill the environmental mitigation requirement
to participate in funding a right -turn overlap on the westbound Rohnert Park
Expressway approach.
Hydrology, Storm Water and Storm Drain
36. 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;
shall enter into an agreement with the City of Rohnert Park to complete the
improvement and shall post sufficient surety guaranteeing the construction of the
improvements. The drainage plans and calculations shall indicate the following
conditions before and after development:
37. Applicant must file 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, and obtain a permit, prior to
commencement of any construction activity.
38. No drainage may discharge across sidewalks.
39. The property owner shall enter into an agreement with the City to address long term
maintenance of the BMP's install with the project on and off-site pursuant to the
Preliminary SUSMP.
40. Applicant shall submit a proposed program to ensure that drainage BMP facilities
and any detention are maintained to ensure that the facilities work properly.
Water
41. The improvement plans shall show backflow prevention devices in accordance with
the requirements of the City of Rohnert Park's Backflow Prevention Ordinance.
42. The applicant shall indicate in writing to the City of Rohnert Park the disposition of
any water well(s) and any other water that may exist within the site. All wells shall
be abandoned, properly sealed, and destroyed in accord with State of California
Health Department Requirements.
43. The improvement plans shall show water services to the building. All 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.
With the submittal of the improvement plans, calculations shall be provided to the
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City Engineer and the Rohnert Park Fire Marshall to ensure that adequate water
pressures are available to supply hydrant flows and sprinkler flows
44. The improvement plans shall show hydrants placed per the direction of the Rohnert
Park Fire Division.
45. 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."
Wastewater
46. The improvement plans shall show any existing septic systems on the property and
state they shall be abandoned in accordance with the requirements of the Sonoma
County Public Health Service.
47. The improvement plans shall show that a grease trap shall be installed on the
restaurant kitchen facilities. This grease trap shall meet the requirements of the
Sub -regional Sewage Disposal System and the City of Rohnert Park Design
Standards.
48. A sanitary sewer application shall be submitted to the Development Services for
review and approval. Application shall indicate the type of discharge proposed.
49. The improvement plans shall show that all manholes shall be provided with a
gasket.
Recycled Water
50. The improvement plans shall show recycled water use for irrigation shall be
extended from the existing recycled water line in Rohnert Park Expressway for
irrigation.
Undergrounding
51. 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 above -ground structures shall be specifically approved by
the Director of Development Services.
52. Improvement Plans shall show that all utility distribution facilities, including
existing overhead utilities along the project frontage, shall be placed underground
or removed, except surface -mounted transformers, pedestal mounted terminal
boxes, meter cabinets, fire hydrants and street lights. Appropriate easements shall
be provided to facilitate these installations.
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Prior to Commencement of Construction
53 No construction shall be initiated until the Improvement Plans have been approved
by the City, all applicable fees have been paid, an encroachment permit and/or
grading permit has been issued and a project schedule has been submitted to the
City Engineer and a pre -construction conference has been held with the City
Engineer or his designee.
53. Developer 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.
Construction Conditions
54. All construction shall conform to the City Manual of Standards, Details, and
Specifications latest edition, all City Ordinances and State Map Act and the
approved plans.
55. The developer 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.
56. 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.
57. Prior to final preparation of the sub -grade and placement of base materials, all
underground utilities shall be installed and service connections stubbed out behind
the sidewalk. Public utilities, Cable TV, sanitary sewers, and water lines, shall be
installed in a manner which will not disturb the street pavement, curb, gutter and
sidewalk, when future service connections or extensions are made.
58. Prior to placing the final lift of asphalt, all public sanitary sewer lines shall be video
inspected at the expense of the contractor/developer. All video disks shall be
submitted to the City. If any inadequacies are found, they shall be repaired prior to
the placement of the final lift of asphalt.
59. The Contractor shall be responsible to provide erosion and pollution control in
accordance with the approved plans and permits.
60. The developer shall keep adjoining public streets free and clean of project dirt, mud,
materials, and debris during the construction period.
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61. 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, erosion,
settlement, and seismic activity.
62. The Project shall comply with the City's Municipal Code, 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. Construction equipment noise levels shall be monitored to
move, muffle and/or shield equipment to minimize noise impacts.
63. Hours of work for public improvements shall be limited to the hours of 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.
64. Hours of work for private improvements shall be limited to the hours of 8 a.m. to 6
p.m. Monday through Saturday. Work on Sunday will only be permitted with
written permission from the City.
65. Throughout the construction of the project, dust control shall be maintained to the
satisfaction of the City and the contractor shall be responsible to implement
reasonable measure to cure any problems that may occur.
66. All active construction areas shall be watered at least two times per day.
67. All exposed non -paved surfaces (e.g., parking areas, staging areas, soil piles, graded
areas and access roads) shall be watered at least three times per day and/or non-
toxic soil stabilizers shall be applied to exposed non -paved surfaces.
68. All haul trucks transporting soil, sand or other loose material off-site shall be
covered and/or shall maintain at least two feet of freeboard.
69. All visible mud or dirt track -out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
70. All roadways, driveways and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
71. Idling times shall be minimized either by shutting equipment off when not in use or
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reducing the maximum idling time to five minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations). Clear signage regarding idling restrictions shall be provided for
construction workers at all access points.
72. The prime construction contractor 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 prime construction contractor shall
respond and take corrective action within 48 hours. The Air district's phone
number shall also be visible to ensure compliance with applicable regulations.
73. If the existing city streets are damaged during construction, the contractor/developer
shall be responsible for repair at no cost to the city.
74. 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 Building Permit Issuance
75. Show compliance with parking space requirements of CalGreen to the satisfaction
of the Building Official..
76. Show all required egress and accessible paths of travel to the satisfaction of the
Building Official.
77. Because a portion of the site is currently located in the FEMA FIRM 100 -year
floodplain, a Letter of Map Revision shall be obtained from FEMA prior to
issuance of building permits.
Prior to Occupancy
78. 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.
79. All improvements shown in the improvement plans deemed necessary for the
health, safety and welfare of the occupant and general public shall be completed.
80. 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. The Contractor shall pay a fee for having same put into the City Base
Map.
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Public Safety
81. The two (2) fire apparatus access roads will need to be widened to 26 feet per CFC
Sections D103.3 and D105.1 and 2. Fire apparatus roads shall extend to within 150
feet of all portions of the facility.
82. Provide keys to access interior of the business, including utility shut-off to be
placed in Fire Department lock box.
83. Fire extinguishers shall be installed per the Fire Code.
84. Fire Department fire lanes/markings shall be reviewed during Fire Division
construction inspections.
85. Provide illuminated exit signs at all exits.
86. The adequacy of the existing fire hydrants will be verified as the project develops.
87. The project will require additional deferred permits for the Fire Sprinkler system,
Fire Alarm system and Hood and Duct fixed extinguishing system, if required by
Code. The permit applications and permit fees must be submitted to the City of
Rohnert Park Fire Division prior to any construction is started on either of these
systems.
88. Elevators shall be sized to accommodate a gurney.
89. The owner/operator of the memory care facility shall provide staff on a 24 hour
basis capable of assisting any resident who has fallen and is incapable of rising to a
standing or sitting position. During the annual Public Safety review of the facility,
the owner/operator shall show that above staff is present as required.
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