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2024/08/08 Planning Commission Resolution 2024-13Exhibit A - Resolution 2024-13 1 Exhibit B ADOPTED PER PLANNING COMMISSION RESOLUTION NO. 2024-13 Conditions of Approval Site Plan and Architectural Review: 555 Rohnert Park Expressway/CenterLine 33 Health Club Exterior Court Facility The conditions below shall apply to the CenterLine 33 Health Club Exterior Court facility project located at 555 Rohnert Park Expressway General Conditions 1. The Site Plan and Architectural Review approval shall expire one year from the Planning Commission approval date, unless prior to the expiration an application for a building permit is filed and or an extension is requested and approved. All applicable provisions of the City of Rohnert Park Municipal Code, are made a part of these conditions of approval in their entirety, as if fully contained herein. 2. The violation of any condition listed herein shall constitute a nuisance and a violation of the RPMC. In conformity with Chapter 1.16 of the RPMC, a violation of the RPMC may be an infraction or a misdemeanor and shall be punishable as provided by law. In addition to criminal penalties, the City may seek injunctive relief. The Applicant agrees to pay for all attorney’s fees and costs, including, but not limited to, staff time incurred by the City in obtaining injunctive relief against the Applicant as a result of a failure of the Applicant to fully perform and adhere to all of the Conditions of Approval. 3. The Applicant agrees to defend, indemnify, hold harmless and release the City of Rohnert Park, its agents, officers, attorneys and employees from any claim, action or proceedings brought against any of the above, the purpose of which is to attack, set aside, void, or annul the approval of this application or certification of the environmental document which accompanies it. This indemnification obligation shall include but not be limited to, damages, costs, expenses, attorneys’, or expert witness fees that may be asserted by any person or entity, including the Applicant, whether or not there is concurrent passive or active negligence on the part of the City, its agents, officers, attorneys or employees. 4. Place the text of these Conditions of Approval in a general notes section on plan sheets when applying for the building permit. Design Conditions 5. The Project is approved as shown in the Design Submittal package attached to the Planning Commission Site Plan and Architectural Review approval resolution except as conditioned or modified below. 6. Should new signage be requested, the applicant shall work with Planning Division staff to arrive at a signage plan that meets the requirements of Section 17.27 Signage of the Rohnert Park Municipal Code. 2 7. The building permit submittal shall be consistent with the most current version of the Uniform Building Code and the City of Rohnert Park’s Manual of Standards. 8. The building permit submittal include grading calculations and submittal of the City’s Low Impact Development calculations. 9. The applicant’s final design shall include any stormwater treatment features indicated by the Low Impact Development calculations. 10. The applicant shall apply for and secure a grading permit if more than 50 cubic yards of material are disturbed. 11. The applicant’s building permit submittal shall include at least 11 bike parking spaces located near the entrances to the building. Bike parking shall be consistent with the City’s Manual of Standards. 12. The applicant shall work with staff, including the City’s arborist, to provide replacement landscaping elements/features that will ensure a complimentary/decorative tree and plant palette is provided to soften and enhance the entire center, the RPMC and the State’s Model Water Efficient Landscape Ordinance (MWELO). At a minimum the landscape plan shall comply with the following standards: a. Landscape areas shall include at least 80% plant materials and no more than 20% mulch or other soil cover b. The plant materials including in the landscape plan shall include trees, shrubs and groundcover c. Landscape planters adjacent to the new courts shall include at least a tree for every thirty linear feet of landscaped area and any new trees shall be a minimum of 10-feet in height when planted. d. New plantings should be consistent with the existing, adjacent parking lot and streetscape themes e. Landscaping shall include primarily native and drought tolerant plants 13. All landscaping and irrigation subject to the MWELO shall be substantially complete prior to the issuance of a Certificate of Occupancy. 14. The applicant shall work with staff to develop the protocol for and complete a noise study that documents noise conditions at boundaries of its property and the nearby residential developments. The noise study shall be completed within six months of opening outdoor play. The time frame for study completion is intended to allow the study to completed during the months when outdoor play is most likely to occur. 15. If noise study results warrant, the applicant shall implement noise control strategies including limiting hour of play, controlling racquet types used and installing acoustic curtains. 16. The building plans shall include clearly designated and striped crosswalks from the building entrance to outdoor courts and from the building to the Labath Avenue sidewalk. 3 17. The building permit submittal shall include a photometric study that documents the proposed lighting does cause glare or reflect into the upper stories of buildings, public streets or adjacent parcels. 18. Light sources shall be directed downward and shielded at lot lines. 19. A trash receptacle shall be installed at the location of the shade structure and shall be illustrated on the building permit submittal.