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2013/02/28 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2OI3-07 A RESOLUTION OF THE PLANNING COMMISSSION OF THE CITY OF ROHNERT PARK APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN AND ARCHITECTURAL REVIEW FOR A 244 UNIT APARTMENT COMPLEX (FroRI ESTATES) LOCATED ON AN 11.09 ACRE SITE ON DOWDELL AVENUE NORTHERLY OF CARLSON COURT (APN r43-040-t2s) FILE NO. PL2O12-O39UP/SR \ryHEREAS, the applicant, Thomas Allen of the Spanos Corporation, filed Planning Application No. PL20I2-039UP/SR proposinga244 unit apartment complex (Fiori Estates) on a 1 1.09 acre site fronting on Dowdell just north of Carlson Avenue extension (APN 143-040-125), in accordance with the City of Rohnert Park Municipal Code ("RPMC"); and WHEREAS, in conjunction with Application No. PL2012-039UP/SR, the applicant seeks approval of a Conditional Use Permit and Site Plan and Architectural Review for the entire Project site, as provided in the Stadium Area Master Plan; and \ryHEREAS, Planning Application No. PL20L2-039UP/SR was processed in the time and manner prescribed by State and local law; and WHEREAS, this project is covered under the Environmental Impact Report prepared for the Stadium Area Master Plan State Clearinghouse No. 12005042111; and WHEREAS, pursuant to California State Law and the RPMC, public hearing notices were mailed to all property owners within an area exceeding a three hundred foot radius of the subject property and a public hearing was published in the Community Voice for a minimum of 10 days prior to the first public hearing; and WHEREAS, on February 28, 2013, the Planning Commission held a public hearing at which time interested persons had an opportunity to testifu either in support or opposition to the proposal; and \ryHEREAS, the Planning Commission has reviewed and considered the information contained in Planning Application No. PL20L2-039UP/SR for the proposed Conditional Use Permit and Site Plan and Architectural Review. NO\il, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Rohnert Park makes the following frndings, determinations and recommendations with respect to the proposed Conditional Use Permit and Site Plan and Architectural Review: Section 1. The above recitations are true and correct. Section 3. Findines Regardine: Conditional Use Pemit and Site Plan and Architectural Review - Stadium Area Master Plan. The Planning Commission hereby makes the following findings concerning the Conditional Use Permit and Site Plan and Architectural Review - Stadium Area Master Plan proposed by Planning Application No. PL20I2-039UP/SR pursuant to Rohnert Park Municipal Code section 17.06.390: I. The proposed development conþrms to the Master Plan. Criteria Satisfied. The Conditional Use Permit and Site Plan Review conforms to the Stadium Area Master Plan and provides details on the project including site plan, floor plans, building elevations, landscaping and open space details, lighting details and street improvements. The proposed development is consistent with the Stadium Area Master Plan because it conforms to the requirements in the Stadium Area Master Plan related to land use, public improvements and related amenities. 2. Publíc ínfrastructure and servíces can be provided concuruently with the development. Criteria Satisfied. As described in the Stadium Area Master Plan, the area designated high density residential is designed to have adequate infrastructure, integrated with existing City roadways, streets, bicycle paths, and walkways. All streets and thoroughfares will meet the standards of the City. The proposed development has been designed to provide satisfactory vehicular circulation and public improvements, such as road improvements, utilities and drainage facilities that have been designed and are conditioned to be constructed in conformance with City standards. Section 4. A duly noticed public hearing on the proposed Conditional use Permit and Plan and Architectural Review was held on February 28,2013. NOW, THEREFORE, BE IT FURTHER RESOLVED, THAT the Planning Commission does hereby adopt the Findings stated hereinabove and approve the Conditional Use Permit and Site Plan Review as provided for in Exhibit A, in its entirety and subject to the recommended conditions of approval as provided for in Exhibit B. DULY AND REGULARLY ADOPTED on this 28th day of February, 20l3by the City of Rohnert Park Planning Commission by the following vote: Nons: D ABSENT: ADAMS /nnusrnoN /"o*"o GI lr)AYES:ABSTAIN: UDICE /noyooN ,/ , Chairperson, Rohnert Park Attest: EXHIBIT A Conditional Use Permit and Site Plan and Architectural Review Please see Exhibits I Thru 34 of the Staff Report EXHTBIT B CONDITIONS OF APPROVAL PLaOI¿-O39UP/SR FIORI ESTATES GENERAL CONDITIONS l. 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 applicant shall comply with the Stadium Area Master Plan and Environmental Impact report, all mitigation measures and applicable sections of the City of Rohnert Park Municipal Code, prior to issuance of grading and building permits. 3. The applicant shall comply with Exhibits I through 34 approved by the Planning Commission at its meeting on February 28,2013. 4. If the City is required to enforce any of the conditions of approval the applicant shall pay all costs. The applicant shall secure all necessary permits and clearances from the Rohnert Park Building department prior to commencement of construction. 5. The applicant agrees to indemnify, hold harmless and defend the City, its officers, agents elected and appointed officials and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this Project and associated entitlements pertaining to the apartment complex (Fiori Estates) save and except that caused by the City's active negligence. PLANNING 6. All improvements shall conform to the approved site plan, exterior elevations, landscape plan and color and materials board. 7. Building colors and materials shall be in compliance with the color boards presented in the Conditional Use Permit and Site Plan Review as approved. 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 plans. All exterior lighting shall be designed to avoid spillover onto adjacent properties and the public right-of-way. 10. During construction of the project, the developer shall conform to the approved truck route for deliveries and construction material haulers as indicated on Exhibit 34. I l. All construction material waste and other debris shall be recycled to the extent possible. The applicant shall present a "clean site everyday'' program to City building staff for approval. No animals shall be brought on-site by construction personnel during work hours. The construction site shall be posted with the job site rules in both Spanish and English. 12. The landscaping shall be maintained in an attractive weed free and litter free condition at all times. 13. The dog play area along the north property line shall be provided with dog litter bags, a waste receptacle to place the used litter bags, the bags shall be picked up on a daily basis and the site shall be surveyed on a daily basis for litter that is not picked up by dog owners. 14. There shall be no banners, flags or other temporary signs or attraction getting devices displayed on the property, without the appropriate permit. 15. The use of any A-Frame signs, portable signs, sandwich-board signs, pennants, banners or human-held signs on the premises or along the Dowdell Avenue frontage is strictly prohibited without proper approval from the City. 16. The trash compactor shall be maintained within the refuse enclosure at all times with the access gates kept closed. 17. Recycling shall be conducted in accordance with accepted practices as directed by Sonoma County Waste Management Agency. 18. Any new trees within five (5) feet of the public right-of-way or within five (5) of any paved areas within the project shall have root barriers that are approved by the City Engineer. 19. The developer shall comply with the construction hours pursuant to Municipal Code Section 9.44.120. 20. All lighting, reflective surfaces or any other sources of illumination shall be utilized in a manner that minimizes glare on public streets or any other parcel. 21. Lights shall be of a minimum illumination necessary to perform operations and provide for safety and security. 22. The applicant shall pay any and all costs to develop a design acceptable to KRCB, to obtain permits, and relocate the KRCB antennas which will be blocked by the apartment buildings. The antennas will either be moved to the existing cell tower, or to a new antenna structure if they cannot be placed on the existing cell tower. In the event that the antennas cannot be moved to the existing cell tower, the applicant shall pay any and all costs associated with the development of a design acceptable to KRCB, and the permitting and construction costs ofthe new antenna structure. The antennas shall so be relocated prior to issuance of a grading or building or permit. 23. The applicant shall be responsible for any and all costs to raise or otherwise relocate any KRCB antennas that may be impacted, as determined by KRCB, by truck traffic on the extension of Dowdell Avenue prior to issuance of a grading or building permit. Any design or plan to raise or relocate the antennas must be approved by KRCB. 24. The applicant shall provide and be responsible for any and all costs of noise control blankets or sound panels on the north and east facing walls of the KRCB broadcasting building prior to issuance of a grading or building permit. If necessary, as determined by KRCB, the sound mitigation blankets or panels will remain in place for the duration of the apartment construction. 25. The applicant or any subsequent owner of the apartment complex will inform prospective tenants in their Lease and Tenant Disclosure Statement Document that RF (Radio Fredquency) exposure from KRCB has been studied and determined to be de minimus. The City of Rohnert Park shall review and approve the Tenant Disclosure Document prior to issuance of a Certificate of Occupancy. Each unit shall be provided with a minimum thirteen (13) gallon bin with a lid and trash bag liner. The bin shall be picked up a minimum of three (3) times a week. Busing of school aged children shall be provided per Mitigation Measure l5-5b of the Stadium Area Master Plan EIR Mitigation and Monitoring Reporting Program dated October 2007. BUILDING 29. Theproject shall comply with the most recent editions of the California Building Standards Codes (California Code of Regulations - Title 24) in effect at the time of plan check submittal. 30. All new structures shall comply with the requirements of the Americans with Disability Act and Title24 California Disabled Access Compliance for buildings, parking and site access. 31. On-site construction signage (temporary) regarding hours of operations, waste removal, construction vehicle egress and ingress and daily clean up rules shall be posted in Spanish and English prior to commencement of construction. 32. Construction and operational noise levels shall comply with the Rohnert Park Municipal Code (RPMC $ 17.12.030) not to exceed 70 dBA measured at the property line any time between 7 a.m. and 7 p.m.; noise levels shall not exceed 50 dBA at the property line between the hours of 7 p.m. and 7 a.m. Exceptions may include noise up to 75 dBA that is produced for no more than a cumulative period of five (5) minutes during any hour or up to 80 dBA that is produced for no more than a cumulative period of one minute during any hour between 7 a.m. and 7 p.m. 33. A plan for construction staging including goods and on-site trailers shall be submitted to the Development Services Department for review and approval prior to start of construction. Construction staging and goods/materials shall be contained under a locked enclosure. 34. The developer shall be responsible for all actions of his contractors and subcontractors until such time as the improvements have been accepted by the City. 35. All new site lighting, including any electrical signage, shall comply with all applicable provisions of the 2010 California Building Energy Efficiency Standards. 36. All new construction where a permit is required shall comply with the 2010 California Green Building Code Tier l. 26. 27. 28. PTJBLIC SAFETY 37. The project shall comply with all applicable provisions of the 2010 Califomia Fire Code, the 2010 California Building Code, the City of Rohnert Park Fire Division Code Ordinance No. 827, NFPA 13 and NFPA 72. 38. The final improvement plans shall be reviewed, approved and signed by the Director of Public Safety or his designee, for compliance with all Fire Codes, fire flow gallons per minute requirements, the number/type of fire hydrants and their location. 39. The project applicant shall obtain Fire Permits for the Fire Sprinkler System, Fire Alarm and Fire Civil underground review. The permit applications and permit fee shall be submitted to the Director of Public Safety or his designee prior to commencement of construction of any of these systems. 40. Emergency vehicle access to/from adjoining streets and parking lot shall be maintained. This shall include designated fire lanes, adequate turning radius (2O-foot inside radius,4O-foot outside radius) and overhang and tree proximity height. 41. The primary entrance gate will require a Fire radio integrated entrance access control. 42. Clearly visible on-site addressing for buildings and sub-addressing (apartment numbers) shall be provided details subject to the Public Safety Department. 43. Details on the secondary access gate shall be subject to approval of the Public Safety Department. ENGINEERING 44. Submittals for Engineering Plan Check shall be made at the Development Services Department. Plan Check Deposit shall be paid at the time of submittal. 45. 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. 46. The grading plan shall clearly show all existing survey monuments and property corners and shall state that they shall be protected and preserved. 47 . lf 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. 48. Water flows shall be submitted, verified and approved by the City Engineer to use an eight (8) inch main to serve a multi-family development. 49. Any trees planted in or near the bio-sweale area will have to be in a location that will not interfere with the storm drain pipes located in the swales details subject to approval of the City Engineer. 50. The developer shall enter into an agreement with the City which will address the proposed off- site public improvements pursuant to Rohnert Park Municipal Code, Chapter 5.34.040- Agreement required. 51. On receipt of environmental permits from resource agencies and the righrof-way, applicant reserves the right to construct Dowdell Avenue from Fiori Estates northerly property line to Business Park Drive.