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2016/12/22 Planning Commission Resolution (4)PLANNING COMMISSION RESOLUTION NO. 2016-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AMENDMENTS TO THE STADIUM AREA MASTER PLAN, ADOPTION OF A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR THE RESIDENCES AT FIVE CREEK PROJECT (APN 143-040-124) WHEREAS, MJW Investments, LLC, filed Planning Application No. PLDV2016-0001 proposing a General Plan Amendment, amendment to the Stadium Area Master Plan (a Planned Development), adoption of a Final Development Plan (including a related Conditional Use Permit) and a Development Agreement and Planning Application No. PLEN 2016-0003 for the related certification of a Mitigated Negative Declaration ("MND") and Planning Application No. PLSD2016-0001 proposing a Tentative Map for a proposed project on a 15.30 acre parcel located at 5900 Labath Avenue (APN 143-040-124), in accordance with the City of Rohnert Park Municipal Code ("RPMC"); and WHEREAS, the proposed amendment to the SAMP would change the land use designation on the 12.62 acre project site from its current designation of Regional Commercial to Regional Commercial, High Density Residential and Parks/Recreation. A copy of the SAMP with red -lined changes, corrections to the text and new graphics is incorporated into this Resolution as Exhibit 1; and WHEREAS, the proposed Residences at Five Creek Final Development Plan would allow for the development of 135 units of multi -family residential, 132 hotel rooms, 34,300 square feet of retail and service commercial, a 0.65 acre city park and the related infrastructure and improvements to support the project as specified in Exhibit 2; and WHEREAS, prior to development of any phase in the Stadium Area Planned Development, a Conditional Use Permit (CUP) is required. A CUP has been requested as an entitlement by MJW Investments for the Residences at Five Creek Project; and WHEREAS, the City has assessed the potential environmental impacts associated with the Project and has prepared a Mitigated Negative Declaration. The Planning Commission has reviewed the Mitigated Negative Declaration prepared for the Project; recommended its approval by the City Council; and has otherwise carried out all requirements for the Project pursuant to CEQA; 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 for a minimum of 10 days prior to the first public hearing in the Community Voice; and WHEREAS, on December 8, 2016, the Planning Commission held a public hearing which was continued to December 22, 2016 at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and WHEREAS, the Planning Commission has reviewed and considered the information contained in the proposed SAMP Amendment, Final Development Plan and Conditional Use Permit; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Rohnert Park makes the following findings, determinations and recommendations with respect to the proposed SAMP Amendment: Section 1. The above recitations are true and correct. Section 2. The Planning Commission has recommended City Council approval of the Mitigated Negative Declaration for this Project, as described in Planning Commission Resolution No. 2016-30, approved on date concurrently with the Planning Commission's approval of this Resolution. The Planning Commission has further recommended City Council approval of the proposed General Plan text and map amendments, as described in Planning Commission Resolution No. 2016-31, approved on date concurrently with the Planning Commission's approval of this Resolution. Section 3. Findings. The Planning Commission hereby makes the following findings concerning the SAMP amendment proposed by Planning Application No. PLDV2016-0001: 1. That the proposed SAMP amendments are consistent with the General Plan. Criteria Satisfied. The proposed amendment to the SAMP would change text and graphics with the SAMP document. The Residences at Five Creek, Final Development Plan would be incorporated into the SAMP document as part of this action. The land use designations of the site will change from Regional Commercial to High Density Residential, Regional Commercial and Parks/Recreation. This change facilitates the development of the Residences at Five Creek project as proposed with an apartment complex, public park, hotel and retail center. The Residences at Five Creek project site is within the boundaries of the SAMP area. Approved land uses within the boundaries of the SAMP include: High Density Residential (12-24 units/acre), Commercial -Regional, and Parks/Recreation. The 12.62 acre parcel is within the SAMP and is designated Regional Commercial. The project proposes to utilize the project site to develop 135 high density residential units, 34,300 square feet of retail commercial and a 0.65 acre public park. The project site would result in an increase in the number of residential units approved under the SAMP from 338 to 473 units. The proposed project site is located within the SAMP boundaries where other high density residential projects have been constructed and is adjacent to existing retail commercial development. Therefore, the amendment to the SAMP would be appropriate for development under the General Plan's High Density Residential land use designation, Retail Commercial designation and Parks/Recreation designation, as recommended for amendment. The proposed development would provide a diversity of land uses. The site will have access to services necessary to serve multi -family development, including: proximity to retail and employment uses; access to recreational facilities (e.g. Hinebaugh Creek path and new park); and available infrastructure capacity (roads, public utilities, etc.). The inclusion of park space within the project ensures that adequate park and open space area is available to all multi -family uses within the Stadium Area Master Plan. The project promote General Plan policies related to the promotion of a compact urban form, an increased connectivity between and within neighborhoods, the designation of pedestrian oriented activity centers, a variety of housing and a mix of housing types, the protection of creeks and provision of a network of trails and parks, and a land use pattern to maximize accessibility to parks and commercial centers. 2. That the proposed amendment will not result in an internal inconsistency in the General Plan. Criteria Satisfied. The SAMP Amendment is discussed in the application materials, the Mitigated Negative Declaration, resolution adopting the General Plan amendment and staff report. The City adopts the conclusions and analysis of those document regarding General Plan consistency and incorporates these by reference. The Project, including the General Plan Amendment, is consistent with the General Plan, as recommended for amendment, and will result in an internally consistent General Plan. 3. That a duly noticed public hearing has been held to receive and consider public testimony regarding the proposed amendments to the General Plan Land Use Diagram. Criteria Satisfied. A duly noticed public hearing on the proposed General Plan Amendment was held on December 8, 2016. Section 4. Findings. The Planning Commission hereby makes the following findings concerning the Residences at Five Creek, Final Development Plan proposed by Planning Application No. PLDV2016-0001: 1. That Each individual component of the development can exist as an independent unit capable of creating an environment of sustained desirability and stability, and the uses proposed will not be detrimental to present and potential surrounding uses but instead will have a beneficial effect which could not be achieved under another zoning district; Criteria Satisfied. The Residences at Five Creek Final Development Plan establishes four components (apartments, hotel, park, shopping center) for the development to be built in two phases. The first phase would involve the construction of the hotel, apartments, and park. The shopping center would be built as a second phase. Each component can exist as an independent unit with the necessary financial capacity to support development of infrastructure and related facilities therein. As described in the Final Development Plan and the staff report, each project phase incorporates a variety of complementary uses which provide housing, access to parks and open space, pedestrian and bicycle friendly infrastructure, and commercial development. A mixed use project of this type could not be achieved under any other zoning district because the City currently lacks zoning that would allow for this mixture of land uses. 2. The streets and thoroughfares proposed meet the standards of the city and adequate infrastructure can be supplied to all phases of the development; Criteria Satisfied. As described in the Final Development Plan and staff report each Phase of the Project is designed to have adequate infrastructure, integrated with existing City roadways, street, bicycle paths, and walkways. All publicly owned streets and thoroughfares will meet the standards of the City. 3. Any commercial component complements other uses in the development; Criteria Satisfied. As described in the Final Development Plan and the staff report, the Project incorporates a variety of complementary uses which provides housing, access to parks and open space, pedestrian and bicycle friendly infrastructure. These complement to Project's commercial component. The Final Development Plan provides for commercial component to be integrated with residential and other components throughout the Project site complementing those components by enhancing public convenience, employee access to recreational amenities and, reducing commuter and traffic congestion. The mixed use character of the Final Development Plan allows commercial components of the Project to complement other Project components. 4. Any residential component will be in harmony with the character of the surrounding neighborhood and community and will result in densities within the P -D district that are no higher than that permitted by the general plan; Criteria Satisfied. As described in the Final Development Plan and staff report, the Project will provide for housing consistent with the designated High Density Residential General Plan category. This will result in a similar residential intensity to the recently completed Fiori Estates and The Reserve apartment complexes to the north. The Final Development Plan provides for commercial components to be accessible to the residential uses by creating an integrated pedestrian circulation system. S. Any industrial component conforms to applicable desirable standards and will constitute an efficient, well -organized development with adequate provisions for railroad and/or truck access and necessary storage and will not adversely affect adjacent or surrounding development; Criteria Satisfied. No industrial land uses are proposed as part of this Project. 6. Any deviation from the standard zoning requirements is warranted by the design and additional amenities incorporated in the final development plan, which offer certain unusual redeeming features to compensate for any deviations that may be permitted; Criteria Satisfied. The Final Development is consistent with the amended Stadium Area Master Plan which was established when this property was originally zoned P- D. Minor deviations to the zoning ordinance and Rohnert Park design standards are proposed. Zoning ordinance deviations limit the range of permitted land uses allowed to reduce potential conflict between the commercial and residential land uses. Deviations from the City's Design Guideline area proposed to allow for the "Modern" architectural style proposed for the project. This will help ensure that all project components are built using a similar design style (Modern) and remain visually consistent. 7. The P -D zoning district is consistent with the general plan of the city and any applicable specific plan. Criteria Satisfied. The Final Development Plan is proposed concurrently with an amendment to the General Plan land use designations from Regional Commercial to a combination of Regional Commercial, Parks and Recreation and High Density Residential to allow a variety of residential, commercial, public, recreational and other uses which conform to the Project's mixed use character. The proposed Final Development Plan is wholly consistent with the General Plan, as recommended to be amended. Section 5. Findings. The Planning Commission hereby makes the following findings concerning the Conditional Use Permit proposed by Planning Application No. PLDV2016-0001: 1. 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 Conditional Use Permit is consistent with and help to implement the Planned Development. The Conditional Use Permit applies to the Residences at Five Creek, Final Development Plan project site and is in conformance with the proposed amended Stadium Area Master Plan land use designations for the subject property. The proposed uses are compatible and development will comply with development standards (e.g. required building setbacks, parking, open space and building height) and other requirements within the Rohnert Park Municipal Code. As part of the CUP, Conditions of Approval will be adopted that will be apply at each step of the site and building development process to ensure that the development of the site is consistent with adopted regulations, standards and guidelines. Each phase of the development will go through Site Plan and Architectural Review resulting in an attractive development that conforms to all of the requirements of the Zoning Ordinance. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and that the operation and maintenance of the conditional use will be compatible with the surrounding uses. Criteria Satisfied. The surrounding properties are a mixture of commercial, residential and light industrial uses. The proposed commercial, multi -family residential, public park will be compatible with the existing surrounding uses. Conditions are attached to this Conditional Use Permit to assure that the uses will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use will comply with each of the applicable provisions of this title. Criteria Satisfied. Conditions are attached to the Conditional use Permit to assure that it complies with each applicable provision of Title 17 (Zoning). Section 6. The Planning Commission does hereby recommend that the City Council adopt the Findings set forth above and amend the Stadium Area Master Plan (Exhibit 1), adopt the Final Development Plan (Exhibit 2), approve the Conditional Use Permit, and adopt the attached Conditions of Approval pertaining to the Final Development Plan and Conditional Use Permit (Exhibit 3). DULY AND REGULARLY ADOPTED on this 22nd day of December, 2016, by the City of Rohnert Park Planning Commission by the following vote: AYES: /4 NOES:y ABSENT: I ABSTAIN: U ADAMS BLANQUIE� BORBA GIUDICEA"&tAYDONJX John Chairperson, Rohnert Park Planning Commission 1 Attest: �� '6' Susan Azevedo, R tording Secretary Stadium Area Master Plan Page I Exhibit 1 Stadium Area Master Plan "PD" Zoning District February 6, 2008 Amended November 26, 2013 per Ord. No. 872 and Ord. No. 874 Amended . 2016 per Ord. No. SWi. Area Ma Plan Page 2 Table of Contents IPupose .......................................................................................................3 2. Administrative Procedures.................................................................................3 3. Land Use and Zoning.... 4. Relationship of Land Uses to Su unding........................................................7 5. Applicable Codes and Standards..................................................................... 11 6. Circulation Plan............................................................................................... 12 7. Estimate and Timing of Other Needed Infrastructure ...................................... 16 8. Parking Requirements...................................................................................... 16 A. Appendix (Residences at Five Creek Development Plan) ............................ A-1 Stadium Area Master Plan Page 3 1. Purpose In accordance with Zoning Code Chapter 17.06, Article VII., the purpose of this "PD" Planned Development Zoning District is to set forth the standards for the development of -a this Final Development Plan (hereafter referred to as the Stadium Area Master Plan or SAMP) through the adoption of the development standards and the listing of the permitted uses. a. Project Objectives. • Create additional jobs within the City of Rohnert Park. • Increase housing opportunities within the City of Rohnert Park. • Promote implementation of General Plan goals, objectives and policies for jobs/housing balance, community growth, infrastructure improvements, and preservation of resources and environment. • Promote implementation of Area Plan goals, objectives, and policies for infrastructure and public services. • Provide direction for new development within the SAMP. • Redevelopment of formerly developed industrial and institutional land. b_Development Standards. The applicable development standards for the SAMP shall be consistent with the Zoning District which implements the General Plan land use designation for the property as shown in Table 1 below. Table t G.c itcr [l. elan.D.eiig moons and Corres on rtdUWZnn= General Plan Designation Implementing Zoning District Commercial — Regional "C-R" Re ional Commercial Public/Institutional "P -I" Public Institutional Parks/Recreation High Density Residential "R -H" High Density Residential b-.c.Permitted Uses. The applicable Zoning District that corresponds to the General Plan designation shall be used to determine permitted and conditionally permitted uses. 2. Administrative Procedures Future development shall be subject to the procedures that are outlined in the Zoning Code Chapter 17.06, Article VII, for example tentative maps, conditional use permits and/or detailed design approvals. not limited . Stadium Area Master Plan Page 4 � � r r ► r CA`i'� • L 3. Wopesed-Land Use and Zoning a. Proposed Land Use. Figure 1 illustrates the four General Plan designations that are proposed within the boundaries of the SAMP. They include: High Density Residential (12-24 units/acres), Commercial -Regional, Public/Institutional, and Parks/Recreation. �e MARTIN AVE Stadium Area Master Plan Page 5 Figure 1 SAMP General Plan Designations BUSINESS PARK DR - "N O.,* A.nreM+�m� - Coln�+..c�el • R M x h b ctinatihfiona6 w Pb.w�lRec•eot�on • $AMP b04nd" City Limit "0 7M 0 700 •00 h STADIUM AREA MASTER PLAN Stadium Area Master Plan Page 6 High Density Residential - 47.6 22.6 acres} The General Plan High Density Residential designation accommodates residential development at densities ranging from 12.1 to 24.0 units per gross acre and accommodates a wide range of housing types, ranging from single family attached to multifamily and is intended for specific areas where higher densities may be appropriate. Commercial -Regional - 12—.76_6 acres' The General Plan Commercial (Regional) designation is intended to provide sites for retail areas containing a wide variety of businesses, including: retail stores, eating and drinking establishments, commercial recreation, service stations, auto and repair services, financial, business and personal services, hotels, motels, and educational and social services. Residential uses may be conditionally permitted. The maximum FAR is 1.5 for hotel/motel projects and 0.4 for all other uses. Shopping centers typically provide department or big -box retailers which attract regional shoppers. Neighborhood — oriented commercial uses may be limited within this designation. Public/Institutional — 3.0 acres' The General Plan Public/Institutional designation provides for schools, government offices, transit sites, and other facilities that have a unique public character, as well as Sonoma State University. Religious facilities would be also permitted in this designation. The Public/Institutional site within the Master Plan is intended for construction of a City Public Safety facility. Parks/Recreation - 040.65 acres' The General Plan Parks/Recreation designation provides for active and passive parks and recreational areas, recreation complexes, community fields, public golf courses, stadiums, arboretums, and greenways. Ancillary facilities such as concession stands, clubhouses, and equipment rental are also allowed. The City's General Plan land use diagram is not parcel specific. Uses on sites which are less than one acre in size are not depicted on the diagram. Future residential projects will be required to include private or public recreational land consistent with City policies. b. Fmpesed-Zoning. The Zoning District for the SAMP site is "P -D" Planned Development; however, the Zoning District standards which implement the corresponding General Plan land use designation, as indicated in Table 1, shall apply. For example: The "R -H" (High Density Residential) zone shall apply to areas which are designated by the General Plan as High Density Residential. Stadium Area Master Plan Page 7 The "C-R" (Regional Commercial) zone shall apply to areas which are designated by the General Plan as Commercial —Regional. The "P -I" (Public Institutional) zone shall apply to areas which are designated by the General Plan as Parks/Recreation and areas designated Public/Institutional. 4. Relationship of Existing and Prepos Land Uses to Surrounding The 32.8 acre SAMP lies in the northwest corner of the City of Rohnert Park'. The site is bounded to the north by several parcels of land which front onto Business Park Drive; to the east by light industrial and office uses along Redwood Drive; Costco and Ashley Furniture; to the south by Hinebaugh Creek; and to the west by Labath Avenue. The existing land uses include industrial and public/institutional. The boundary of the SAMP is somewhat irregular since in some cases it follows public rights-of-way e.g., Labath, Carlson and Dowdell Avenues and in other cases it follows parcel lines. The land to the north of the future extension of Carlson Avenue comprises a contiguous (i.e. adjoining) parcel, as does the land south of Carlson; the total property encompasses approximately 32.8 acres of land. The SAMP consists of relatively flat land which is mostly undeveloped. As illustrated in Figure 2, the Northwest Specific Plan and the Wilfred Dowdell Specific Plan lie to the north of Business Park Drive and the proposed SAMP. The area's designation as the "Stadium Area" refers to the stadium located within the planning area which was the home of the now defunct Sonoma County Crushers baseball team. The developer has an option to purchase the property from the City of Rohnert Park. r' - �ocation Mai Northwest Wilfred-Dowdell )ecific PlanSpecific Plan Area Area CI z GugCwasc W b A Stadium Lands Planned Development 0 0 101\Center 1,u, �-PY Stati Planned Development v L� 0.5 025 0 0 ` Moes Legend •-•-•• SOI Sphere of Influence 20 Year Urban Growth Boundary Q Development Areas Outside City Limits Stadium Area Master Plan Page S Northeast Specific Plan Area I University District Specific Plan Area E.Cototi Acr moms Mountain Southea Village Planned''pPlt Development jj SecificA„ Location Stadium Lands Planned Development 11-2016 Stadium Area Master Plan Page 9 In arriving at a preferred development vision for the SAMP consideration was given to several factors including location, access, parcel size and configuration, existing land uses in the area, and market demands. With regards to location and access, the SAMP is positioned adjacent to the Costco operation which attracts customers from many of the nearby communities the majority of whom arrive to the area via Highway 101. Because of the strong drawing power of Costco, it is anticipated that additional retail/commercial activity could be supported in the SAMP. Other existing land uses in the area, such as the Press Democrat newspaper operation located to the northeast of the SAMP and the KRCB Channel 22 public broadcast television station located north of Carlson Blvd., are self-contained business destinations and therefore do not generate the type of commercial traffic and attraction which Costco does. Other activities to the north of Costco include the City of Rohnert Park's Animal Shelter and the City's wastewater pumping station. Based on recent discussions and studies concerning the potentials for development of other land uses in the SAMP, which were conducted as part of the planning efforts in preparing this plan, it is anticipated that some demand exists for new hotel rooms, commercial development, and residential (rental) housing in the inventory hand,industrial spaee in the Rehnei4 Parle area is sueh that there will be liale demand fe sueh development for- the fefeseeable futur-e. On the other- demands for sideatial (rental) housingarestfeng in Sonoma County, and elsewhere in Northern California_, ' Based on this analysis, new hotels, commercial space and dwelling units should be successful in the SAMP. Based on the foregoing considerations and following the guidance provided by the General Plan, the proposed development to be accommodated in the SAMP may be characterized as having four components: Regional Commercial, High Density Residential, Public/Institutional, and Parks (see Figure 1). The commercial uses are to be developed in the southernop rtion lof the Zoning District. This site has the potential for generating additional retail based on existing commercial uses in the area including the Costco facility on the corner of Martin Avenue and Redwood Drive and the other commercial uses which are next to U.S. Highway 101, along Redwood Dr. This commercial area flanks the future extension of Dowdell Avenue into this area and is accessible via Martin Avenue, a major arterial which, via Redwood Dr. and Rohnert Park Expressway links the SAMP with the freeway. Given the size of the parcel (about 15.7 acres with 6.6 acres designated for commercial uses), it is anticipated that this site could accommodate a hotel and/or a moderate sizedfie retail development or sever -al sm "e - bugs. The northwestern part of the SAMP property is envisioned to develop with high density multifamily or single family (attached) residential units to the east and west sides of the extension of Dowdell Avenue Stadium Area Master Plan Page 10 The principal land uses to be developed within the SAMP are listed in Table 2. Stadium Area Master Plan Page 11 Table 2 SAMP Land Use & Development Program Land Use Gross Acreage Housing Units CommercialNen- Rftwentia1 4 High Density Residential 4-22.556 up to none 4733338 Commercial — Regional 6.647277 none up to 300,000 sf440 Public/Institutional 3.0 none None Park 0.65-5 none None Totals 32.8 up to up to 300,000140 473338 5. Applicable Codes and Standards All future entitlements will be required to comply with the Codes and Standards that are in effect at the time the application is deemed complete unless otherwise superseded by the SAMP or a negotiated Development Agreement. Examples include but shall not be limited to: a. Rohnert Park Municipal Codes • Green Building Ordinance • Inclusionary Housing Ordinance • Public Art Ordinance • Park Land Dedication/Fee b. Rohnert Park Standards • Affordable Housing Linkage Fee • Public Facilities Finance Plan Fees • Adopted Engineering Standards c. Project Design_ Future residential and/or commercial projects shall conform to the City of Rohnert Park General Plan Community Design Element, adopted Design Guidelines, and City of Rohnert Park Engineering Standards. During the review process, particular attention shall be given to the following: • The interface between the industrial, residential, commercial and public/institutional land uses. • The arrangement between buildings and spaces such that provisions are made to ensure complementary transition between uses. • The arrangement between structures and spaces shall result in a cohesive design among similar land uses. • Building materials, colors, linkage to sidewalks, parking placement, landscape design, and plant materials to complement existing and proposed uses. Stadium Area Master Plan Page 12 • Conditions of the General Construction Activity NPDES permit from the Regional Water Quality Control Board. • Proper site design and/or noise attenuating devices to reduce the indoor and outdoor noise levels for sensitive receptors. • Special consideration should be given to memorialize the "Stadium." d. Subareas. The SAMP includes several distinct subareas (see Figure 3), including: Fiori Estates (apartments), The Reserve (apartments), Residences at Five Creels (mixed use); and the Public Safety Facility. In order to provide guidance for future development, a detailed development plan for the Residences at Five Creek project has been included as Appendix A. Figure 3 — SAMP Subareas BUSINESS PARK PR .�e.—•.------- t W i - Subarea. Q ® SAMPbmmdary L1 city Limit o _ Pork Residences Retoil Hotel s hV c Martin Ayr fi- 71 � 700 300 0 ]ee 4wft st--3 '(c6h.at�7h, Figure 3. Subareas STADIUM AREA MASTER PLAN Stadium Area Master Plan Page 13 d.e.Mitigation and Monitoring Reporting Program (Stadium Area Master Plan EIR)_ CEQA Guidelines Section 15097 requires the incorporation of the Mitigation and Monitoring Reporting Program (see EIR certification resolution). 6. Circulation Plan a. Existing Circulation. The existing and future circulation for the site, in accordance with the adopted General Plan, is illustrated in Figure 3. It shows the connection of Martin Avenue between Labath and Dowdell Avenues and no connection on Dowdell Avenue to Business Park Drive. b. Proposed Circulation: The SAMP includes a conceptual circulation plan, Figure 4, but does not include specifics in terms of internal circulation or how the various retail and residential uses would interface with the adjacent streets. Further review will be required upon application for specific development and conditions of approval will be applied. The conceptual circulation scheme indicates that Dowdell Avenue will be extended between Martin Avenue and Business Park Drive, and that Carlson Avenue will be extended from Labath Avenue to the new extension of Dowdell Avenue. Martin Avenue will serve as a local connector betweenim--_Labath and Dowdell Avenues to serve the new public buildings that will be accessed via Martin and to provide additional connectivitx to vehicles, bicycles and pedestrians. Martin is envisioned as a slow -speed street that would allow for on -street parking. Avenues is assumed to be H land eaped inter-seetion also kn - es - --�-Jeffi foundabeut-.The final circulation plan will be reviewed upon application for specific development. Figure 4 Proposed Avpesed-Circulation D � L 01t New Gros! > BUSINEA PARI = DA> F Q •Q � m • J 0 ♦ ❑ Q" O CARLSON••�'� so ❑ i ♦ (Y)o 4� e� 00 Ar • rn.,Ar ■ • Stadium Area Master Plan Page 14 Amo %1jKx Ar1cna114•(*lanc%) --- Minix Ancrwi 12 lsrk.) WE— \4a)rx Colkdar 14 lana%) -- — - \1mcx C'ulk4tor (2 lane) Stadium ♦ • U Boundary Li I' c. Proposed Streets and Improvements. Local Collector (2 lawn) • Dowdell Avenue (north extension) to Business Park Drive. Dedicate, improve and/or reconstruct the full width of Dowdell Avenue from Martin Avenue to Business Park Drive as a minor arterial. The half width (32 foot right-of-way) street improvements shall consist of a 7 foot center turn lane, a 12 foot travel lane, a 5 foot Class II bike lane and a 6 foot sidewalk located behind an 8 foot planter strip. • Carlson Avenue (east extension) to Dowdell Avenue. Dedicate, improve and/or reconstruct the full width of Carlson Avenue from Labath Avenue to Dowdell Avenue as a minor arterial. The half width (25 foot right-of-way) street improvements shall consist of a 12 foot travel lane, a 5 foot Class II bike lane and a 6 foot sidewalk located behind an 8 foot planter strip. • Martin Avenue from Dowdell Avenue to Labath Avenue. end-Itmprove Martin Avenue as a local connector between the two major roadways. This could be provided as a public right-of-way or a private street with a public easement. On -street narkine may be provided and pedestrian access through the site must be accommodated. shoppiRg cefltE Stadium Area Master Plan Page 15 . - tint ...hall „ ist ..f a 7 feet ..omen turn lane a 12 feet r..ayel lane S bo -P, C -1 -Ass 11 bike lane and a 6 feet sidewalk leeated behind an 8 feet planter- stfip. d. Proposed Intersection Improvements and Modifications. • Redwood Drive at Wilfred Avenue. Eastbound approach to Wilfred Avenue intersection will require reconfiguration to include a left turn lane, two through lanes and a shared through right turn lane. The southbound Redwood Drive approach will require reconfiguration to provide dual left turn lanes and a shared through right turn lane. Projects within SAMP shall pay impact fees or contribute a proportional share of the necessary improvements. • Commerce Blvd at State Fann Drive. Signalization is required. Projects within SAMP shall pay impact fees or contribute a proportional share of the necessary improvements. • Redwood Drive at Business Park Drive. Signalization is required. Projects within SAMP shall pay impact fees or contribute a proportional share of the necessary improvements. • Redwood Drive at Rol-mert Park Expressway. Modify the northbound approach of Redwood Drive to provide a left turn lane, two through lanes and a right turn lane. Right turn overlap signal phasing should be added to the northbound, southbound; and westbound approaches. These lane modifications will also facilitate the installation of a bicycle lane at the intersection. Projects within SAMP shall pay impact fees or contribute a proportional share of the necessary improvements. • Dowdell Avenue at Business Park Drive. Signalization or single lane traffic roundabout is required and shall be included with future project. • Rolinert Park Expressway at Labath Avenue. Modify the NB approach to include a left turn lane, single through lane, and dual right turn lanes. Modify the SB approach to include a left turn lane and shared left turn-thru-right-turn lane. Modify signal phasing to split -phase north and south. Projects within SAMP shall pay impact fees or contribute a proportional share of the necessary improvements. • Rohnert Park Expressway at US 101 SB ramp. Modify the EB approach to provide two thru lanes and a dedicated right turn lane. Install lane assignment signs to notify drivers on SB Redwood Drive prior to Rohnert Park Expressway intersection. Projects within SAMP shall pay impact fees or contribute a proportional share of the necessary improvements. • Rohnert Park Expressway off ramp at US 101 NB ramp. Re -strip NB off ramp approach with a left turn lane, shared left turn-thru lane, and right turn lane. Projects within SAMP shall pay impact fees or contribute a proportional share of the necessary improvements. e. Proposed On -Site Bicycle and Pedestrian Facilities. All streets within the SAMP shall included sidewalks on both sides. On-site pedestrian sidewalks Stadium Area Master Plan Page 16 and/or paths shall connect all activity areas. Bike racks shall be provided at all retail uses and within residential areas. • A class II bike lane shall be constructed upon reconstruction of Labath Avenue from Hinebaugh Creek to Carlson Avenue. • A class II bike lane shall be included as part of the construction of the Dowdell Avenue extension • Martin Avenue shall include sidewalks to allow for pedestrian access and through traffic. 7. Estimate and Timing of Other Needed Infrastructure The timing of all circulation or other infrastructure improvements shall be determined upon future project conditioning. a. Public Safety Facility. The project proponent is responsible for dedicating to the City of Rohnert Park a 3 acre site for future development of a Northwest Public Safety Facility. Projects within SAMP shall pay impact fees or contribute a proportional share for improvements in order to meet the goal of a 4 minute response time. Martin Avenue shall be extended to provide access to both Dowdell Avenue and Labath Avenue. b. Parks and Recreation. The project proponent is responsible for parkland dedication and/or improvement as required upon submittal of a future subdivision map for residential development. c. Utilities. The project proponent is responsible for the installation of all required utilities upon future development unless the City accepts the payment of impact fees. 8. Parking Requirements Speeifi Development plans for the parcels comprising SAMP have not been submitted. Future propos shall provide a minimum parking supply that is consistent with the parking requirements contained in the Zoning Code at the time of project review. An alternative parking plan may be considered upon submittal and review of a parking analysis that is conducted by a qualified individual or firm. Stadium Area Master Plan Page A_] 4-7 Appendix A Residences at Five Creek Development Plan 's-i mUl OwNih ;"4 Applicant: MW Investment Group Contact: Matt Walbern 1278 Glenneyre Street, Ste. 439 Laguna Beach, CA 92651 Prepared by: KTGY Group, Inc. Contact: Michael Tseng Address: 17911 Von Karman, Ste. 200 Irvine, CA 92614 in Consultation With: 3S6 Advisors Civil Design Consultants, Inc, (Civil Engineering) Omni -Means (Landscape Architecture) RENEE'S PLACE Residences at Five Creek Final Development Plan September 21,, 2016 Draft List of Contents Project Description................................................................................................Page 3 Final Development Plan.........................................................................................Page 4 Renderings and Elevations.....................................................................................Page 5 LandUse Summary................................................................................................Page 10 Zoning Code Variations..........................................................................................Page 12 Design Guideline Variations ...................................................................................Page 13 Circulation.............................................................................................................Page 16 Landscape Concept Plans......................................................................................Page 19 Water.....................................................................................................................Page 21 Sewer.....................................................................................................................Page 24 Stormwater............................................................................................................Page 25 Gradingand Phasing..............................................................................................Page 26 Page 2 List of Figures Figure 1, Final Development Plan..........................................................................Page 4 Figure 2, Conceptual Residential Rendering .........................................................Page 5 Figure 3, Conceptual Residential Front Elevation ..................................................Page 5 Figure 4, Conceptual Residential Side Elevation, Left ............................................Page 6 Figure 5, Conceptual Residential Side Elevation, Right ..........................................Page 6 Figure 6, Conceptual Residential Rear Elevation. .............................. .................... Page 6 Figure 7, Grocery Rendering.. .................................................... ___ ................ _ ... Page 7 Exhibit 8, Retail Plaza Rendering............................................................................Page 7 Figure 9, Hotel Rendering 1...................................................................................Page 8 Figure 10, Hotel Rendering 2.................................................................................Page 8 Figure 11, Hotel Rendering 3.................................................................................Page 9 Figure 12, Rohnert Park Zoning Map.....................................................................Page 10 Figure 13, Project Zoning Districts.........................................................................Page 11 Figure 14, Street Sections......................................................................................Page 16 Figure 15, Circulation Plan.....................................................................................Page 16 Figure 16, Private Vehicular Circulation Plan .........................................................Page 17 Figure 17, Private Pedestrian Circulation Plan .......................................................Page 18 Figure 18, Preliminary Landscape Concept Plan ....................................................Page 19 Figure 19, Preliminary Park Concept Plan..............................................................Page 20 Figure 20, Water Plan............................................................................................Page 21 Figure 21, Recycled Water Plan.............................................................................Page 22 Figure 22, Sewer Plan............................................................................................Page 23 Figure 23, On -Site Utility Plan................................................................................Page 24 Figure 24, Storm Drain Plan...................................................................................Page 25 Figure 25, Conceptual Grading Plan.......................................................................Page 26 Figure 26, Phasing Plan..........................................................................................Page 27 Prop�rad by: 0`356 Advisors Residences at Five Creek — Index Sheet �� I N C O R P O R A T E G MW INVESTMENT GROUP september21.2016 Summary The Residences at Five Creek (herein after referred to as "Project") is located within the Stadium Area Master Plan (sAMP) — a 32.8 -acre master -planned development located in the northwest corner of the City of Rohnert Park. As indicated in the SAMP document, the SAMP is bounded to the north by several parcels of land, which front onto Business Park Drive; to the east by light industrial and office uses along Redwood Drive; to the south by Hinebaugh Creek; and to the West by Labath Avenue. The SAMP regulates development within this area and allows for up to 473 high density residential dwelling units and up to 300,000 square feet of commercial development. The proposed Project is located within the southern portion of the SAMP and consists of 12.62 gross acres. The Project site is bounded to the north by Carlson Avenue right-of-way; to the east by Dowdell Avenue; to the south by the future extension of Martin Avenue; and to the west by Labath Avenue. The Project includes a 0.65 -acre park facility at the corner of Dowdell Avenue and Carlson Avenue. High density residential uses are located on 6.03 net acres in the northern portion of the site. Regional commercial uses will be located in the southern portion of the site, with up to 34,300 square feet of retail located at the corner of Martin and Dowdell Avenues and a four- story hotel with up to 132 keys (e,g. hotel rooms) at the corner of Labath and future Martin Avenues. The proposed intensity/density of the Project is depicted in Table 1, Project Intensity/Density and the layout can be viewed in Exhibit 1, Final Development Plan. Table 1, Project Intensity/Density .mors - High Density 6.07 135 — Residential(H-R) Commercial- 5'9 _ 34,300 (retail) Regional (C-R) 132 keys (hotel) Park 0.65 — — TOTAL 12.62 135 34,300 (retail) 132 keys (hotel) Uses within the High Density Residential district include up to 135 multi -family dwelling units. The proposed multi -family units include stacked flats in three-story buildings. The buildings include individual one -car garages and surface parking spaces (some of which may be covered by a carport structure). These units have been plotted to provide direct access from the residences to either common open space facilities or the public street. These units also feature common entry areas, fostering interaction among the residents. Conceptual renderings and conceptual elevations of the residential dwelling units are depicted on Exhibits 2 through 6. Uses within the Commercial -Regional district include up to 34,300 square feet of retail uses on 3.34 acres including, but not limited to restaurants, grocery stores, clothing stores, neighborhood services (i.e. dry cleaners), retail anchors, offices, and other retail uses generally found within a shopping center. The design anticipates a grocery store as the main anchor, as the large building fronts onto parking lot to accommodate shopping carts. The grocery Page 3 store design is depicted in Exhibit 7, Grocery Rendering. To design a cohesive and unified shopping center, secondary tenants also have the primary entry fronting onto the parking lot. It should be noted that as tenant desires vary, entries may be relocated onto street. The retail area also features a plaza area, including a trellis structure, outdoor seating, and a water feature/artwork. This plaza not only provides shade for visitors to the retail area, but also provides a welcoming entry from the adjacent proposed High Density Residential uses to the north. The retail plaza is conceptually depicted in Exhibit 8, Retail Plaza Rendering. Another use within the Commercial Regional district is a hotel with up to 132 keys (or rooms) on 2.56 acres. The building area for the four-story hotel is anticipated to be 75,721 square feet. The hotel is located in the center of the property and is surrounding by surface parking, while fronting onto the future extension of Martin Avenue. The hotel will include a circular driveway, partially covered by a porte-cochere to provide protection for guests checking in and a strong entry statement. The conceptual design for the hotel is depicted Exhibits 9 through 11. The Project also includes a 0.65 -acre neighborhood park located at the corner of Carlson Avenue and Dowdell Avenue. Homes within the High Density Residential district will front directly onto the neighborhood park, improving the safety of the park. Amenities in the park include, but are not limited to, passive lawn area, bocce ball court, a 400 -square foot picnic pavilion, semi -exclusive skate features, and an entry plaza. Prepared by: (riko356 Advisors Residences at Five Creek — Project Description N c u R PO RAr E0 •�...-.. MW INVESTMENT GROUP September 21 2016 Page 4 s' 243 Spaces rl I :.. - . Summary Parking Provided pI Primary Residential Entry i Uncovered: 106 spaces TOTAL: 243 SPACES i .- . Retail: 3.34 AC Gross Site Area 6.07 AC II 0.65 -Acre Park _ =. Dwelling Units 135 Total Building Footprint Hotel: 75,721 SF TOTAL: 110,021 SF I l Density � 22.2 DU/AC -- Residential Units mRr - - I Parking Required 1 Bdrm: 67 units TOTAL: 208 spaces Retail: 125 spaces Unit Distribution 2 Bdrm: 56 units 1 �IUbhOUSe ii j 3 Bdrm: 12 units Residential Amenity 4,000 SF Clubhouse + j """"' •- _ ) F Total Building Footprint 73,600 SF I i AIL`s I I Lot Coverage 27.8% Retail Anchor N Figure 1, Final Development Plan AVE. Total Common Open 66,211 SF Space On -Grade Private Open 2,025 SF Space Above -Grade Private Open 6,480 SF Space Parking Required 243 Spaces Garage: 109 spaces Parking Provided Covered: 28 spaces Uncovered: 106 spaces TOTAL: 243 SPACES Commercial Summary .- . Retail: 3.34 AC Gross Site Area Hotel: 2.56 AC TOTAL: 5.90 AC Retail: 34,300 SF Total Building Footprint Hotel: 75,721 SF TOTAL: 110,021 SF Retail: 0.24 F.A.R. Hotel: 0.68 TOTAL: 0.43 Retail: 106 spaces (25% Reduction) Parking Required Hotel: 102 spaces (25% Reduction) TOTAL: 208 spaces Retail: 125 spaces Parking Provided Hotel: 139 spaces TOTAL: 264 spaces N-_ Oy. rJA omni means •j� ��}356 Advisors Residences at Five Creek —Final Development Plan CIVIL DESIGN CDNSULTANTS.INC sEN�INIIRI��,o ,ION= 1M I N C ry R P O R A T E ......... MW INVESTMENT GROUP Sapte ber2l-2016 Figure 2, Conceptual Residential Rendering Figure 3, Conceptual Residential Front Elevation Materials 1. Stucco Body 1 2. Stucco Body 2 3. Fiber Cement Siding 4. Fiber Cement Panel 5. Metal Railing 6. Metal Awning 7. Light Fixture 8. Metal Sectional Garage Door Page 5 356 Advisors Residences at Five Creek —Conceptual Residential Exhibits I! op `J I N C O R P O R A T E D •�• a ui•. nn n ber 21, 16 MW INVESTMENT GROUP 20 Septem Figure 4, Conceptual Residential Side Elevation, Left 2 — 3 1 s�� �� i■ f Figure 6, Conceptual Residential Rear Elevation 4 1' 6' 16 Q 4' B' 16' Figure 5, Conceptual Residential Side Elevation, Right It ian P- = r• 7!1EMN Page 6 Materials 1 Stucco Body 1 2, Stucco Body 2 I Fiber Cement Siding 4, Fiber Cement Panel 5, Metal Railing 6, Metal Awning 7 Light Fixture 8, Metal Sectional Garage Door D 4' A' 16' Pie 'a by Q356 Advisors Residences at Five Creek — Conceptual Residential Exhibits licca Pore ATeu MW INVESTMENT GROUP SePtember 21, 2016 P Figure 7, Grocery Rendering ammm� `sem RENEE'S PLACE Page 7 Exhibit 8, Retail Plaza Rendering M4 356 Advisors Residences at Five Creek — Conceptual Retail Renderings ��►� I� C . September 21 2016 MW INVESTMENT GROUP . a Figure 9, Hotel Rendering 1 i:,qmML!I I II Exhibit 10, Hotel Rendering 2 -,ba or M4 356 Advisors Residences at Five Creek — Conceptual Hotel Renderings N C O R p 0 R A T E D September 21 2076 MW INVESTMENT GROUP Page 9 1 ■ Li i Figure 11, Hotel Rendering 3 M4 Pa,ee ev: 356 Advisors Residences at Five Creek — Conceptual Hotel Renderings I N 0 O R P O R A* E U •.•.• •• MW INVESTMENT GROUP Sep(—b.,21,2016 Zoning The Project site is zoned as "Planned Development" (PD) as indicated in Exhibit 12, Rohnert Park Zoning Map. The Project consists of three implementing zones: High Density Residential (H -R), Regional Commercial (C-R), and Public Institutional (PI). The location of these implementing districts are depicted in Table 2 and Figure 13, Project Zoning Districts. All developments within the Project site shall comply with the uses, development standards, and design guidelines applicable to developments within the implementing zoning designations, unless specifically indicated within this Final Development Plan booklet. The project will also comply with all applicable California Building Code (CBC) regulations, including all CALGreen requirements (e.g. bicycle and EV parking). Procedures and future development applications shall be processed as described in the City of Rohnert Park Zoning Code and/or City of Rohnert Park established procedures. Table 2, Project Intensity/Density High Density 6.07 135 – Residential (H -R) Commercial S'9 _ 34,300 (retail) Regional (C-R) 132 keys (hotel) Public Institutional 0.65 – — (PI) TOTAL 12.62 135 34,300 (retail) 132 keys (hotel) PROJECT Figure 12, Rohnert Park Zoning Map Page 10 �mtRma WARS yR.N�w envy Resben4eYMoeib name oreMy GN: NwpnEmmoE Comm. �cn Reoro.N umme,dai "" mm.NM � Me..sew-Enwmm.�W Cmswrn�e+ MMr.. RrepRrea by: 356 Advisors Residences at Five Creek —Zoning 11 I N C O R P O R F T E D September 21. 2016 MW INVESTMENT GROUP i r� mP4 IIIrrmIIFMT�r - IT Figure 13, Project Zoning [districts Districts WRTIN AVE R -H: High Density Residential - C-R: Regional Commercial P -I: Public Institutional Page 11 y� Piepaiatl by: 356 Advisors Residences at Five Creek Zoning DISIrICtSCIVIL DESIGN CONSULTANTS, INC JRJ•11 MW INVESTMENT GROUP sepfemeer zi. 2oie Zoning Code Variations This section indicates deviations from the uses and development standards identified within the City of Rohnert Park Zoning Code, which is requested as part of the Planned Development. Use Deviations All uses within the High -Density Residential (H -R) district shall comply with the uses identified in the H -R land use category in Section 17.06.030 of the Rohnert Park Zoning Code, except: • Community Centers shall be permitted, and • Large Homeless Shelters (7 or more persons) shall be prohibited. All uses within the Regional Commercial (C-R) district shall comply with the uses identified in the C-R land use category in Section 17.06.060 of the Rohnert Park Zoning Code, except: • Animal Hospital/Veterinary Clinics shall be permitted, • Automobile Service Stations shall be prohibited, • Bed and Breakfast Inns shall be conditionally permitted, • Drive -Through Windows (for all uses, including pharmacies) shall be permitted, • Firearm Dealers and Firearm Ammunition Dealers shall be prohibited, • Funeral Parlors/Mortuaries shall be prohibited, • Large Homeless Shelters (7 or more persons) shall be prohibited, • Laundromats shall be permitted, • Large Recover Facilities (7 or more persons) shall be prohibited, • Research and Development (office Type Uses) shall be permitted, • Vehicular Dealerships/Rentals (including boats, RVs, and farm or construction equipment) shall be prohibited, and • Vehicular Repair (including boats) shall be prohibited. All uses within the Public Institutional (PI) district shall comply with the uses identified in the PI land use category in Section 17.06.160 of the Rohnert Park Zoning Code, except: • Cemetery, Crematory, Columbarium shall be prohibited, • Golf Course shall be prohibited, • Homeless Shelter shall be prohibited, • Hospital shall be prohibited, • Medical Clinic shall be prohibited, • Parks shall be permitted, and • Schools (all) shall be prohibited. Development Standard Deviations All developments shall comply with the development standards identified in the City of Rohnert Zoning Code, except: • The minimum front yard setback identified in Section 17.10.020 for the R -H district shall be 15 feet, • The minimum front yard and corner side yard setback identified in Section 17.10.020 for the C-R district shall be 5 feet, • Footnote No. 14 of the Development Standard table in Section 17,10.020 shall be updated to include private open space of a minimum area of seventy five (75) square feet when on ground level and/or sixty (60) square feet if equal or greater than six feet above ground, Page 12 • Section 17.10.040.B. shall be updated to allow open, unenclosed, uncovered balconies, landings, platforms, patios, decks, porches, stairways, terraces, and vehicular access drives and parking and loaded areas, no part of which is more than four feet above the grade of the ground, may extend into a required front yard by five feet or into a required rear or side yard to within three feet of the property line or the required space between the buildings, and • Uses within the Regional Commercial (C-R) District shall be granted a twenty-five (25) percent reduction of the required parking for non-residential uses, as indicated in Section 17.16.040.A of the City of Rohnert Zoning Code. Prepared 11: M4 356 Advisors Residences at Five Creek — Zoning Code Variations�� I N C O R P O R A T E D��•• ^ MW INVESTMENT GROUP S qW.b r21 2016 Exhibit 3 ADOPTED PER CC RESOLUTION NO. 2016-32 Conditions of Approval Residences at Five Creek Project The conditions below shall apply to the Residences at Five Creek Project within the Stadium Area Master Plan (SAMP). All conditions run with the land and apply to all development within the Residences at Five Creek project area (APN: 143-040-124), unless otherwise noted. General Conditions 1. All applicable provisions of the City of Rohnert Park Municipal Code, and as subject to the Residences at Five Creek Development Agreement (DA) approved by Ordinance No. ---, 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 City of Rohnert Park Municipal Code (RPMC). In conformity with Chapter 1.16 of the City of Rohnert Park Municipal Code, a violation of the City of Rohnert Park Municipal Code 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 Residences at Five Creek 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. Each phase of development shall be designed, approved and installed to be consistent with the overall buildout of the Residences at Five Creek Final Development Plan, the Stadium Lands P -D Zoning District, the RPMC and the City of Rohnert Park General Plan. The Residences at Five Creek Project shall comply with all applicable mitigation measures established in the Environmental Impact Report (EIR) adopted in 2008 for the Stadium Area Master Plan (SCH # 2005042111) and the Mitigated Negative Declaration (SCH# 2016112026) (MND) prepared for the Residences at Five Creek Project specifically. Projects implementing the Final Development Plan and each development phase shall also comply with the implementation, monitoring and reporting requirements for each mitigation measure established in the Mitigation Monitoring Program adopted with the EIR and the MND. Costs of implementing and monitoring the mitigation measures shall be borne by the Applicant and any successors -in -interest. 6. A community facilities district or other funding mechanism approved by the City Attorney shall be formed by the Applicant encompassing the residential portion of the project in order to provide $800/year/residential unit and offset the impacts on the city's General Fund. Project Design Conditions 7. Prior to any new construction, the Applicant shall apply for and receive Site Plan and Architectural Review (SPAR) approval from the Planning Commission as required by the City of Rohnert Park Municipal Code. 8. The project applicant shall incorporate the following GHG reduction measures into the project design: • Compliance with the applicable Title 24 energy efficiency standards at the time of development. At a minimum, compliance with the 2016 Title 24 standards • Compliance with state and/or local green building standards. At a minimum, implementation of CALGreen Tier I standards • Installation of high efficiency LED lights in outdoor areas • Participation in a Transportation Demand Management Program • Improvement the pedestrian network and implementation traffic calming measures throughout the project • Diversion of solid waste diversion consistent with AB 341 • Inclusion of shade canopies over parking lots, where appropriate and feasible • Provision of information regarding transit availability to residents and employees • Provision of carpool and/or car sharing parking spaces • Provision of electric vehicle parking • Compliance with the City bicycle master plan and provision of at least 34 bicycled parking spaces for the residential units, 9 bicycled parking spaces for the hotel and 8 bicycled parking spaces for the retail space. 9. 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 and reviewed by the Development Services Department with each phase of the project. All costs for 2 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. Public Safety Conditions , 10. 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. 11. 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. The property owners must maintain the blue reflective pavement markers in good condition and the maintenance requirement shall be included in the CC&Rs for the Planned Development. 12. Fire sprinklers and alarm systems are required for all structures. 13. All properties shall be clearly marked with lighted address numbering on the front of each unit and on both front and rear of the units having rear alley access; rear addressing shall include the street name utilizing street signage in conformance with Design Standards. 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. 14. Fire Apparatus Access Roads and Fire Lanes must be fully identified with signage and/or curb markings as approved by the Fire Marshal. 15. 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. This provision shall be included in the CC&Rs. 16. Each development phase or portion of a phase shall indicate building type, size, and construction features. Plans shall be reviewed by the Public Safety Department 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 blocks and buildings. 17. Prior to issuance of a grading permit, the Applicant for each development phase shall submit a Phase II Environmental Site Assessment covering any areas of known concern identified in the Phase I Environmental Site Assessment. 18. 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. 19. 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. 20. Applicant/operator shall store, manifest, transport, and dispose of all onsite generated waste that meets hazardous waste criteria in accordance with California Code of Regulations Title 22 and in a manner to the satisfaction of the Sonoma County Environmental Health Department and Emergency Services Department. Applicant shall keep storage, transportation, and disposal records on site and open for inspection to any government agency upon request. Grading and Improvement Plan Requirements 21. 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; the Residences at Five Creeks Final Development Plan; and the conditionally approved tentative map for the Residences at Five Creeks. 22. The Project benchmark shall be based on a City approved USGS benchmark. 23. Mailbox plans and locations shall be approved by the Rohnert Park Postmaster prior to improvement plan approval. The applicant shall provide a letter and exhibit showing mailbox locations from the Rohnert Park Postmaster approving mailbox locations. 24. 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: 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. rd Grading Plan Requirements 25. 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. 26. The grading plan shall clearly show all existing survey monuments and property corners and shall state that they shall be protected and preserved. 27. All existing wells, septic tanks and/or underground fuel storage tanks shall be abandoned under permit and inspection of Sonoma County Environmental Health or other designated agency. If there are none, the project engineer shall provide a letter describing the scope of the search done to make this determination. Improvement Plan Requirements 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. 29. 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. 30. The improvement plans shall illustrate how each lot shall be provided with improvements consistent with the tentative map. 31. 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. 32. 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." 5 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 existing overhead utilities (of 26,000 volts or less) and proposed utilities, both on-site and along project frontages, 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." Site Civil and Landscape Plans 33. The improvement plans shall include Street Signing and Pavement Marking Plan for review and approval by the City Engineer. Striping, pavement markings and traffic signage shall be provided on all streets as necessary and as required by the City Engineer. Speed limit signs shall be installed at locations determined by the City Engineer. 34. The improvement plans shall include an all -way stop at the intersection of Martin Avenue and Dowdell Avenue. 35. The striping plan shall include restriping of Martin Avenue to include dual westbound lanes between the Costco driveway and Dowdell Avenue, with the outer through lane becoming a right -turn lane at the Dowdell Avenue intersection. 36. The street cross-sections shown on the tentative map are hereby acceptable as alternatives to following existing city standards: a. The proposed Public Avenue, Labath Avenue is conceptually acceptable and considered consistent with City Standard STD -200F. b. The proposed Public Avenue, Dowdell Avenue is conceptually acceptable and considered consistent with City Standard STD -200H. 3 c. The proposed Industrial Street, Carlson Avenue is conceptually acceptable and considered consistent with City Standard STD -200H. 37. 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. 38. One -inch chases shall be installed to all parkway strips from adjacent parcels to allow for the installation of irrigation lines in the future. 39. For streets along established bus routes, improvement design shall be coordinated with Sonoma County Transit Agency. 40. The improvement plans shall illustrate handicap ramps and parking as required by State of California Title 24. 41. 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. 42. Street lighting shall be designed in accordance with City of Rohnert Park and PG&E requirements. 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. 43. Landscape plans shall be submitted with the civil improvement plans. Sidewalk alignment shall be shown on both the civil and landscape plans. 44. The existing rock -lined bio-swales in the public right-of-way along the Dowdell Avenue frontage shall be landscaped. Any trees planted in or near the bio-swale area may not interfere with the storm drain pipes located in the swales. 45. Site design shall include pedestrian pathways and crossings connecting onsite activity centers. 46. The improvement plans shall show bicycle racks on-site in accordance with City Standards, which require individually mounted inverted -U-shaped racks. The number of bicycled parking spaces shall be consistent with the MND. 47. 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. 48. The improvement plans for Carlson Avenue shall include fencing and landscaping along the northerly side of Carlson Avenue to screen the KRCB property (APN 143- 040-133). The landscaping and fencing shall be coordinated with a similar screening feature facing Dowdell Avenue. Hydrology, Storm Water and Storm Drain 49. 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 7 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. 50. The improvement plans shall reflect the results of the hydraulic study. 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. 51. The improvement plans shall incorporate features and design such that there shall be no net change in the storm water peak in the 85% - 24 hour storm event. 52. 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 comply with all other requirements set forth in City's stormwater permit. 53. The improvement plans shall be in conformance with the City of Santa Rosa and Sonoma County Storm Water Low Impact Development Technical Design Manual (latest edition). The plans shall be in general conformance with the Preliminary Storm Water Mitigation Plan for The Residences at Five Creek, prepared by Civil Design Consultants, Inc., July 2016. The final improvement plans shall include a tributary area map showing how each portion of the site is directed to a treatment measure. 54. Discharge of runoff onto pavement should be avoided. 55. The improvement plans shall include storm drainage improvements to remove oil and grease from discharges from parking lots, including directing runoff to vegetated swales or areas, consistent with best management practices (BMPs). 56. The site plans shall show all private storm drains serving adjacent property (ies) and those storm drains shall be contained within private storm drain easements in favor of adjacent property (ies). 57. The applicant shall be responsible for obtaining all approvals, permits and other entitlements for installation of proposed new storm drain outfalls discharging into creeks. 58. Proposed public storm drains shall have a minimum diameter of 15 inches. 59. All project related flooding impacts shall be mitigated by the project applicant. 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. 60. 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. 61. 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. 62. 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 63. The water system improvement plans shall be accompanied by a hydraulic model run, or alternative form of calculation, demonstrating that the fire flows and pressures required for the project, including the hotel and retail elements, can be achieved with the proposed water system improvements. These calculations are subject to the approval of the City Engineer and Fire Marshall. 64. The improvement plans shall show backflow prevention devices in accordance with the requirements of the City of Rohnert Park's Backflow Prevention Ordinance. 65. 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. 66. Each individual multifamily and/or commercial unit shall be sub -metered off a master City water meter. 67. 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. 68. The improvement plans shall show hydrants placed per the direction of the Rohnert Park Fire Division. 69. 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 70. 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. 9 71. The improvement plans shall illustrate any grease traps required for commercial kitchen or restaurant facilities in accordance with the requirements of the Santa Rosa Subregional System and the City of Rohnert Park Design Standards. 72. Sanitary sewer connections shall be provided to the floor sump in all trash dumpster enclosures. 73. A sanitary sewer application shall be submitted to the Development Services for review and approval. Application shall indicate the type of discharge proposed. 74. The improvement plans shall show that all manholes shall be provided with a gasket. 75. 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 76. The improvement plans shall show recycled water use for irrigation. A booster pump may be needed. 77. 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. 78. 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. 79. 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 80. 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. 81. Improvement plans shall show that all utility distribution facilities, including any existing overhead utilities (of 26,000 volts or less) 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. 10 Prior to the Issuance of Grading Permits and/or Improvement Agreements 82. Prior to the issuance of the first grading permit, the applicant shall post a cash deposit of $62,995, as set forth in the Offsite Public Improvement and Fee Credit Agreement and Termination and Supersession of Deferred Improvement Agreement between the City of Rohnert Park and the Reserves LLC for Carlson Avenue (referred to as "Carlson Court") and entered into as of May 21, 2015. Alternatively, the Developer may provide City with proof of payment to Reserves LLC. 83. 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. 84. 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. 85. The applicant shall secure a letter from Sonoma County Transit Agency indicating the acceptability of proposed transit stops. 86. 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. 87. 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. 88. For Improvement Agreements, the applicant shall secure approval of the improvement plans prepared by a Registered Civil Engineer licensed in the State of California and pay all required fees, shall enter into an Improvement Agreement guaranteeing completion within 24 months and shall post sufficient surety guaranteeing completion. 89. Prior to the issuance of the improvement agreement that includes the Hinebaugh Creek outfall pipeline, the applicant shall demonstrate that it has obtained permits from all applicable regulatory agencies, including but not limited to, Regional Water Quality Control Board, State Department of Fish and Game, and the US Fish and Wildlife Service. Prior to the Issuance of the First Building Permit 90. The Final Parcel Map shall be approved. 91. The applicant shall provide pad certifications for the site on which the building permit is requested. 92. By payment of its PFFP fees, the project proponent shall fulfill the environmental mitigation requirement to participate in funding a traffic signal at Redwood Drive/Business Park Drive intersection. 11 93. By payment of its PFFP fees project, the project proponent shall fulfill the environmental mitigation requirement to participate in funding a right -tum overlap on the westbound Rohnert Park Expressway approach. 94. The applicant shall provide proof of payment of any impact fees required by the school district that serves the property. 95. The applicant shall demonstrate adequate fire flows to protect combustible construction in accordance with the Municipal Code and to the satisfaction of the City's Fire Marshall 96. The applicant shall have constructed adequate (a minimum of rocked) fire access for the site. 97. If necessary, the applicant shall provide the city with signed deeds for all on-site and off-site rights-of-way and easements; or the project proponent shall execute the standard city contract for real property acquisition and deposit the estimated acquisitions costs into a city trust account, and the project proponent shall formally request and the city council approve a resolution of intent to use its powers of condemnation to acquire the rights-of-way and/or easements. 98. The applicant shall implement the following CALGreen requirements: a. Review page 4 Residential and Commercial Summary Table and identify the location of the features listed on page 18 figure 17. b. For the residential project provide electric vehicle and bicycle parking (A4.106.8 Electric vehicle (EV) charging and A4.106.9 Bicycle parking). c. For non — Residential projects, provide bicycle parking, designated parking for fuel efficient vehicle and electric vehicle supply wiring (5.106.4 Bicycle parking, A5.106.5.1.1 Designated parking for fuel-efficient vehicles, and A5.106.5.3 Electric vehicle supply wiring). d. Provide addition CalGreen implementation as required by the project MMRP. During Construction 99. 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. 100. 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. 101. 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. 102. 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 12 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. 103. Prior to placing the final lift of asphalt, all public sanitary sewer lines shall be video inspected at the expense of the contractor/applicant. 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. 104. The applicant shall be responsible to provide erosion and pollution control in accordance with the approved plans and permits. 105. The applicant shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period. 106. 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 1st. Erosion control measures shall be monitored and maintained continuously throughout the storm season. 107. 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 rom 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. j. All construction implementation measures as outlined in the MMRP. 108. 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. 13 109. 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. 110. 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. 111. Throughout the construction of the project, dust control shall be maintained to the satisfaction of the City, including all measures in the MMRP and the contractor 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 of structures or break-up of pavement. • 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. • Renovation, demolition activities, removal or disturbance of any materials that contain asbestos, lead paint or other hazardous pollutants will be conducted in accordance with BAAQMD rules and regulations. • 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. • For sites greater than four acres: • Apply soil stabilizers to previously graded portions of the site inactive for more than ten days or cover or seed these areas. • Water or cover stockpiles of debris, soil, sand, or other materials that can be blown by the wind. • Limit traffic speeds on unpaved roads to 15 mph. • Replant vegetation in disturbed areas as soon as possible. 112. 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 14 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. 113. 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. 114. Construction firms shall be required to post signs of possible health risk during construction. The developer is responsible for compliance with the BAAQMD rule regarding cutback and emulsified asphalt paving materials. In addition, the construction contractors will implement a plan to use newer construction equipment that meets the NO. emissions standard of 6.9 grams per brake -horsepower hour for work constructed within 200 feet of residences. 115. The project applicant shall ensure that construction contract specifications include a requirement that all off-road diesel -powered construction equipment used for project development with engines greater than 50 horsepower be equipped with a Level 3 Verified Diesel Emissions Control (VDEC). 116. If the existing city streets are damaged during construction, the contractor/applicant shall be responsible for repair at no cost to the city. 117. 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 118. 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. 119. All water system improvements necessary to provide fire flows and pressures shall be installed an operational 120. All improvements shown in the improvement plans deemed necessary for the health, safety and welfare of the occupant and general public shall be completed. 121. 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. 122. The applicant shall have entered into the City's standard Recycled Water Agreement, designate site supervisor(s) and undertake any other activities necessary. 123. The applicant shall have completed the formation of a community facilities district or other maintenance and services funding district to discharge the $800/year/unit obligation for the residential development. 15 124. The applicant shall demonstration that it has purchased and retired voluntary carbon offsets on the Climate Action Reserve (CAR), CAPCOA Greenhouse Gas Reduction Exchange (GHG Rx), or other verified carbon registry, in order to reduce the project's emissions to below the Bay Area Air Quality Management District threshold of significance of 4.6 MT CO2E per service population per year. This shall include providing the Bay Area Air Quality Management with a certificate of purchase, verification opinion statement, and proof of offset retirement by the verification body from which the carbon offsets were purchased. Prior to Acceptance of Public Improvements 125. All improvements shown on the Improvement Plans shall be completed. 126. 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. 127. 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. 128. 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. 129. Approved Record Drawings shall be provided to the City geo-referenced in Autocad DWG and & PDF File formats. 16