June 29, 2016
Updated: April 25, 2022
Subject: Cotati Station Apartments Project Residential (15195) Infill Exemption Justification Introduction
The proposed Cotati Station Apartments Project (Project) consists of residential development on
2.42 acres, a public park on 0.49 acres and city parking lot on 0.65, for a total development area of 3.56 acres within the Santero Way Specific Plan (SWSP) area. The Santero Way Specific Plan was approved in 2000 and envisioned a mixed-use development consisting of residential, commercial, public park and plazas, and office land uses. The Santero Way Environmental Impact Report (EIR) evaluated potential impacts associated with the proposed Specific Plan and was certified in 2000 (SCH # 99-06219). The project has been reviewed for consistency with governing planning document and as described below is found to be consistent with the existing Santero Way Specific Plan and qualifies for a Residential Infill Exemption under CEQA.
Environmental Setting
The project site is located in the easternmost portion of the City of Cotati, Sonoma County, California (See Figure 1: Regional Map). The project proposes development on vacant land within the Santero Way Specific Plan area proximate to the planned SMART rail service platform and a recently completed City train station and Sonoma County park-n ride. (See Figure 2: Vicinity Map). Environmental characteristics of the Santero Way Specific Plan site were initially evaluated in the Santero Way Specific Plan Environmental Impact Report. The EIR summarized the existing (pre-development) conditions of the planning area as, “100% disturbed with existing industrial, storage and commercial buildings, graded parcels and mounded loose fill. No natural water courses flow through the site, and the only significant vegetation is a row of immature redwoods along the western boundary of Property E1.” (See Figure 3: SWSP Land Use Diagram and Parcels) Presently, other than the proposed development site for the Cotati Station Apartments, the Specific Plan area is largely built out with conforming and existing non-conforming uses. All but three parcels on the west side of Santero Way have been developed with 2.5 story townhomes Cotati Station Apartments Exemption Justification
2 containing 70 residential units that were constructed circa 2004. The remaining vacant parcels consist of Assessor Parcel Numbers (APN) 144-480-019, 144-480-021, and 144-302-048 (Properties H and I of the Specific Plan), which comprise 2.12 acres and are designated to allow for residential development and office mixed use. A total of 50 residential units and up to 16,625 square feet of office is currently allowed under the SWSP for Parcels H and I. The area designated “Employment: Self Storage Area overlay zone” at the southern limit of the Specific Plan area consists of 2.55 acres and is occupied by a self-storage facility.
On the east side of Santero Way, south of East Cotati Avenue and immediately west of the railway, (Property C) the Sonoma County Transportation Authority has developed the Cotati SMART Station on APNs 144-320-019, 041, and 043. The Cotati SMART station platform, and associated parking area are constructed and anticipated for operation in 2017. APN 144-480-012 (Property D) remains vacant at 0.49 acres, and is designated “Public Park” and “Plaza” per the Specific Plan (this parcel is proposed for development as a public park as part of the Project). APN 144-320-028 (Property D) remains vacant at 0.65 acres, and is proposed for development as city parking to support community needs, as part of the Project.
Towards the terminus of Santero Way (Property F) on the east side of the roadway, proximate to the mini storage use, there are two existing buildings and associated improvements. APN 144- 481-008 contains an 18,500 square foot industrial building that was constructed in 1987. APN 144-480-014 contains a 10,000 square foot building that was constructed in 1947. These structures are unoccupied.
The Santero Way Specific Plan and EIR were adopted in 2000. The Specific Plan was subsequently amended in 2002 to allow for increased street widths, the development of 56 residential units prior to required commercial development, and a unit mix consisting of 70 townhomes, 16 affordable units, and 14 live work units. Since the 2002 amendment no additional modifications or updates to the Specific Plan have been completed.
Project Description
Colvin Group LLC, proposes to build a mixed-use project known as Cotati Station Apartments. The project consists of constructing 98 multi-family units and approximately 5,500 square feet of commercial space on vacant parcels totaling 2.42 acre on the east side of Santero Way within the Santero Way Specific Plan Area. Additionally, the project includes the development of a 0.49-acre public park and a 0.65-acre undeveloped city-owned parcel to be built as a parking area between the proposed mixed-use component and the existing SMART station.
The proposed public park will feature public open space, pedestrian paths, and bio-retention swales. A 12.5-foot wide sidewalk will be provided along the entire frontage to Santero Way, along with on-street parking. Amenities at the public park include open space for recreational Cotati Station Apartments Exemption Justification
3 activities, benches, and pedestrian paths that provide connectivity between the Cotati Smart Station and the existing and proposed residential uses along Santero Way.
East of the public park the developer will construct a 32 stall parking area on a city-owned parcel.
The parking area will serve as the parking lot for the public park and will provide overflow parking for the community. A 24-foot wide drive aisle will provide connectivity from the existing Depot Way to the parking area.
The project will also extend Depot Way along the northern most portion of the SWSP with a 26- foot wide drive aisle. An additional 16 on-street parking stalls are proposed along the Depot Way extension, proximate to the parking lot and anticipated to serve the Cotati Station residents. Bulb outs, curbs and planting islands will be developed within the parking area and along the extension of Depot Way.
Due to safety and fire access concerns along Santero Way, the developer will remove the existing bulb outs and 11 on-street parking spaces in front of the existing park, south of the project site.
The mixed-use component of the project consists of residential and commercial uses. The multifamily units will be built in three separate three-story buildings. The project also incorporates resident open space within a 25,000+\- square foot courtyard. The Project proposes to build a total of 198 parking spaces, 106 on-site, 44 on Santero Way, 32 in the expanded public parking lot and 16 street spaces along the Depot Way extension. The proposed parking meets the ratios for residential uses and commercial uses as required by the Santero Way Specific Plan, inclusive of the Depot Way street parking. Both long term and short term bicycle parking will be provided.
Bicycle racks will be installed at three locations along Santero Way and by three enclosures built adjacent to Santero Way.
Vehicular access is provided from Santero Way and through the extension of Depot Way and direct access to the site. A new driveway perpendicular to Santero Way will provide connectivity between Santero Way and Depot Way. The Depot Way drive aisle will connect to the existing drive aisle behind the existing townhomes to the south, providing full secondary access from the train station platforms to all existing residential development. Parking stalls are provided on both sides of the new drive aisles and angled parking is provided along Santero Way. A new evacuation easement and drive aisle is also provided over the City owned property at 950 E. Cotati Avenue.
The retail space will be constructed on the ground floor in two of the three buildings facing Santero Way totaling 5,500 square feet. The commercial space will be used for a fitness center, leasing office and speculative office space, allowable uses within the Santero Way Specific Plan include: Professional Office, Medical Office, Business Office, and Music/Dance Studios.
Cotati Station Apartments Exemption Justification
4 Project construction will consist of grubbing for vegetation removal and grading to achieve desired site elevations. Heavy-duty construction equipment including dozers, backhoes, front loaders, pavers, and water trucks will be utilized. As proposed all construction equipment will achieve an average equivalence of Tier 4 engine standards. Equipment that utilizes the California Air Resources Board (CARB) certified Level 3 Diesel Particulate Filters or alternatively fueled equipment (non-diesel) would be adequate.
Construction staging will occur in two locations, the future city parking lot and Depot Way extension and the existing warehouse building at 8360 Santero Way. The areas will be used for staging, material delivery and construction equipment storage. Construction activities will include the delivery of materials to the project site, laying foundations, paving driveways and sidewalks and erecting the proposed three story buildings. Construction activities including site preparation, building, and ancillary improvements are expected to last for a duration of one year.
During all construction activities the project proposed implementation of the following dust control practices recommended by the Bay Area Air Quality Management District (BAAQMD):
1. Water all exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) three times per day;
2. Cover all haul trucks transporting soil, sand, or other loose material;
3. Remove all visible mud or dirt tracked-out onto adjacent public roads using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited;
4. All vehicle speeds on unpaved roads shall be limited to 15 mph;
5. Construct all hardscape surfaces including roadways, driveways, and sidewalks as soon as possible;
6. Construct building pads soon as possible after grading unless seeding or soil binders are used;
7. Minimize idling times by either shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Provide clear signage for construction workers at all access points;
8. Maintain all construction equipment and properly tune equipment 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; Cotati Station Apartments Exemption Justification
5 9. Post a publicly visible sign with the telephone number of designated contact person at the Lead Agency regarding dust complaints. This person 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.
Additionally, the project proposes to achieve a fleet-wide average 90 percent reduction in PM2.5 exhaust emissions as follows:
1. All mobile diesel-powered off-road equipment larger than 50 horsepower and operating on the site for more than two days continuously shall meet, at a minimum, one of the following:
a. Equipped with engines meeting U.S. EPA particulate matter emissions standards for Tier 4 engines or equivalent; or
b. Engines equipped with CARB-certified Level 3 Diesel Particulate Filters; or c. Use of alternatively-fueled equipment (i.e., non-diesel); or d. Other measures may be the use of added exhaust devices, or a combination of measures, provided that these measures are approved by the City and demonstrated to reduce community risk impacts to less than significant.
2. All diesel-fueled generators including any diesel-powered welders used for building construction shall be limited to 20 days for each piece of equipment. 15195 Residential Infill Exemption
The proposed Cotati Station Apartments Project (Project) requires discretionary action from the City of Cotati for Design Review and is subject to review under the California Environmental Quality Act. Based on the following information the City of Cotati has determined that the Project qualifies for a Residential Infill Exemption under Section 15195 of the CEQA Guidelines. (a) Except as set forth in subdivision (b), CEQA does not apply to any development project that meets the following criteria:
(1) The project meets the threshold criteria set forth in Section 15192; provided that with respect to the requirement in Section 15192(b) regarding community-level environmental review, such review must be certified or adopted within five years of the date that the lead agency deems the application for the project to be complete pursuant to Section 65943 of the Government Code.
The following discussion addresses each criteria item in Section 15192.
Cotati Station Apartments Exemption Justification
6 15192 Threshold Requirements for Exemptions for Agricultural Housing, Affordable Housing, and Residential Infill Projects.
(a) The project must be consistent with:
(1) Any applicable general plan, specific plan, or local coastal program, including any mitigation measures required by such plan or program, as that plan or program existed on the date that the application for the project pursuant to Section 65943 of the Government Code was deemed complete; and
(2) Any applicable zoning ordinance, as that zoning ordinance existed on the date that the application for the project pursuant to Section 65943 of the Government Code was deemed complete, unless the zoning of the project property is inconsistent with the general plan because the project property has not been rezoned to conform to the general plan.
The Santero Way Specific Plan (SWSP) was adopted on July 12, 2000 and amended in 2001. The SWSP envisioned a mix of uses resulting in accommodations for 198 dwelling units, up to 270,000 square feet of commercial, and 225,000 square feet of open space. The SWSP intends to reduce the use of single-occupant automobiles by developing residential and commercial/retail land uses near the SMART Station. Of the five different land-use districts within the SWSP, the proposed project is within an area identified for Office Mixed-Use. This land-use district allows for a minimum of 30% of the Building Area per Development to be dedicated to office space and a maximum of 70% dedicated to Live/Work, Residential, or Office use. Office uses are only allowed on the ground floor; work area of live/work units, apartments, or condominium uses may be on the ground floor; and upper floors are limited to residential and any portion of live/work units. The proposed project, with application of the Density Bonus1 and requested concessions, is consistent with the SWSP in that it satisfies the land use requirements anticipated therein.
(b) Community-level environmental review has been adopted or certified.
In accordance with 15195(a)(1) and 15192(b) requirements, the City of Cotati’s most recent General Plan was adopted on March 24, 2015. The General Plan’s EIR (SCH# 2013082037) was prepared by De Novo Planning Group and released for public review on September 2014. The General Plan EIR was certified by the Cotati City Council on March 24, 2015. As the City of Cotati deemed the application for the Cotati Station Apartments complete in June 2016, the above referenced CEQA sections requiring community level review within a 5-year window is met. The 1 Density Bonus Law allows an increase in over the otherwise maximum allowable density [Gov’t Code Section 65915 (f)], as set by the zoning ordinance [Govt. Code Section 65915 (o)2]
Cotati Station Apartments Exemption Justification
7 Program EIR found that the adopted General Plan is consistent with the adopted Downtown Specific Plan and Santero Way Specific Plan and was sufficiently designed to encourage implementation of both specific plans.
(c) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees.
The City’s adopted General Plan and certified EIR incorporates the Water and Sewer Master Plans in order to accommodate buildout and supersedes the Santero Way Specific Plan’s discussion on the availability of existing utilities in Section 5, Utilities and Public Services Element. The Water and Sewer Master Plans (2011) identify availability and development requirements for water supply and distribution and wastewater collection and treatment. The applicant is subject to these requirements, and the SWSP provision for a “will serve” agreements. The applicant has provided a water systems and fire flow analysis, a sewershed study, and drainage study, which characterize the demands generated by the proposed project relative to the available capacity.
These studies provide recommendations to ensure that adequate capacity is extended to the project site. No inadequacy of services were identified as the project would implement all required upgrades and fulfill payment of applicable fees. Therefore, existing utilities and service systems are available to accommodate the project.
(c) The site of the project:
(1) Does not contain wetlands, as defined in Section 328.3 of Title 33 of the Code of Federal Regulations.
(2) Does not have any value as an ecological community upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection.
(3) Does not have any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or by the Native plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code.
(4) Does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete.
Cotati Station Apartments Exemption Justification
8 Previously a Preliminary Wetland Delineation Report was conducted by Monk & Associates on June 19, 2016. It concluded that there are no conditions on the project site (3.56 acres) that would support seasonal wetlands or would be indicative of other waters. Past industrial use on the project site eliminated any habitat. The project site does not retain any value or function for natural communities.
The Preliminary Wetland Delineation Report concluded that habitat quality on the site is poor and that no native or natural plant communities exist on the site. Vegetation that is present is limited to unpaved surfaces and consists of ruderal plants. Furthermore, inquiries into the California Natural Diversity Database (CNDDB) indicated that no protected or special status species have been reported within the SWSP area. The project site is located within in a developed area within the City of Cotati’s UBG and is surrounded by urban uses. The current conditions onsite are void of natural communities and there is no habitat that would support protected or special status species. Therefore, the proposed Cotati Station Apartments project would have no impact to sensitive biological communities including species and/or habitat. Given that the site is completely surrounded by developed and heavily utilized parcels, staff finds that this analysis remains valid.
(d) The site of the project is not included on any list of facilities and site compiled pursuant to Section 65962.5 of the Government Code.
An inquiry into the EnviroStor database on May 24, 2016 concluded that no instances of the Department of Toxic Substances Control’s (DTSC) list criteria, compiled pursuant to Section 65962.5(a)(4) of the Government Code, exists or has existed on the subject property. Reports conducted on behalf of the applicant have also concluded that the site does not contain any hazardous materials as a result of past industrial uses. Review of records and Phase I Environmental Site Assessments conclude that no further investigation of onsite hazards is warranted. No changes have occurred onsite that makes this past determination invalid. (e) The site of the project is subject to a preliminary endangerment assessment prepared by a registered environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. In addition, the following steps have been taken in response to the results of this assessment:
Cotati Station Apartments Exemption Justification
9 (1) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements. (2) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements.
A Phase I Environmental Site Assessment was conducted by Harris and Lee Environmental Sciences, LLC on April 20, 2016. The purpose of the report was to review appropriate regulatory information, conduct site reconnaissance, conduct interviews, and prepare a final Environmental Site Assessment that identified hazardous materials or potential of exposure to future residents due to inherent environmental factors at the project site. The report concluded that the site assessment revealed no evidence of a recognized environmental condition connected to the property that would produce a potential hazard. Given these findings, no further investigation was recommended. As such, the project site has been subject to an endangerment assessment, no hazardous substances and no potential for exposure were identified. Therefore, it is concluded that the project would not result in any hazard due to exposure of materials to future occupants. No changes have occurred onsite that makes this past determination invalid. (f) The project does not have a significant effect on historical resources pursuant to Section 21084.1 of the Public Resources Code.
According to Section 6.3.2.3 of the Santero Way Specific Plan, the Northwest Information Center (NWIC) at Sonoma State University performed a records search of the land within the Specific Plan area and found that no known archeological sites of historical value exist. On May 4, 2016, the City notified the Federated Indians of Graton Rancheria of the proposed project pursuant to Public Resource Code Section 2080.3.1(d). The Federated Indians of Graton Rancheria did not make a request for consultation within the 30-day request period.
The Santero Way Specific Plan explicitly states that should prehistoric or historic archeological materials be discovered during development envisioned by the SWSP, all activity must be temporarily halted and a qualified archeologist will be retained in order to evaluate any finds.
The applicant will be responsible for conducting development activities in accordance with this requirement. There are no known cultural, tribal, or historic resources on the project site.
Therefore, the project will not result in an impact to historic resources. This requirement remains and applies to the project.
Cotati Station Apartments Exemption Justification
10 (g) The project site is not subject to wildland fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provision to mitigate the risk of a wildland fire hazard.
According to Figure 3.7-1 of the Cotati General Plan, the project site is not within or near a fire hazard severity zone as determined by the Department of Forestry and Fire Protection (Calfire).
The only fire hazard zones identified within the City’s UGB are in the southern and western extents of the Planning Area, outside of the city limits and sufficiently removed from the Santero Way Specific Plan. Furthermore, the area surrounding the project site has been extensively developed and does not characterize an environment prone to wildland fires. (h) The project site does not have an unusually high risk of fire or explosion from materials stored or used on nearby properties.
The General Plan requires that all future projects comply with the provisions of federal, state, and local requirements relating to hazardous materials. Facilities that do store hazardous materials on-site are required to maintain a Hazardous Materials Business Plan in accordance with state regulations, which aim to prevent fire or explosions due to stored materials. Businesses in the immediate vicinity of the project site include the Cotati Mini Storage personal storage facility, College Carwash, and Progress Glass Co, Inc. to the north. The project site is otherwise surrounded by residential uses of varying densities. Because the businesses mentioned above do not generally contain hazardous materials that present a high risk of fires or explosions, and because they are subject to the General Plan requirements described above, the project site does not contain an unusually high risk of fire or explosions from material storage or use on nearby properties.
(i) The project site does not present a risk of a public health exposure at a level that would exceed the standards established by any state or federal agency.
Noise exposure of new residents due to the close proximity to the SMART Rail Line have been carefully analyzed and accounted for in the project’s design parameters.
Illingworth & Rodkin prepared a Noise and Vibration Assessment on June 22, 2021, to evaluate acoustical exposure. The project’s location, adjacent to the SMART corridor results in elevated noise exposure due to commuter and freight rail. In order to ensure that new residents onsite are not exposed to elevated interior noise levels beyond established standards, the project provides for mechanical ventilation, enhanced exterior walls, and exterior windows to be installed with insulation to act as a noise barrier. Additionally, building facades fronting the rail line will be outfitted with sound rated windows and doors and enhanced architectural treatment in order to ensure that the interior noise levels do not exceed 45 dBA.
Cotati Station Apartments Exemption Justification
11 Illingworth & Rodkin prepared a Report to assess the project’s potential to result in air quality impacts (June 22, 2021). The Air Quality Report concluded that with the inclusion of best management practices, impacts due to construction related air quality emissions would be below established thresholds. Additionally, the project proposes the use of Tier 4 equipment (or equivalent means) that will achieve a 90 percent reduction in PM2.5 exhaust emission. A Construction Management Plan will be submitted with the Improvement Plans for the project, detailing the equipment to be used throughout construction. With construction activities as proposed, the project’s air quality emission would be below threshold levels established by the Bay Area Air Quality Management District (BAAQMD) and impacts would be less than significant.
Other site-specific reports conducted for the project have concluded that hydrology, seismology, utilities, and traffic will have a less than significant impact on public health due to inherent environmental factors or project design. (j) Either the project site is not within a delineated earthquake fault zone or a seismic hazard zone, as determined pursuant to Section 2622 and 2696 of the Public Resource Code respectively, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake or seismic hazard.
There are no Alquist-Priolo Earthquake Fault Zones located within the City of Cotati.
The Rodgers Creek Fault is located 3.5 miles to the east and San Andres Fault approximately 15 miles to the west. Both of these faults are delineated as AlquistPriolo but are not located within the project site. Similarly, the Cotati General Plan found that there are no known active or potentially active faults located within its Planning Area. Nevertheless, faults found within the Sonoma County region may still rupture and cause seismic ground shaking that could affect the project. The General Plan identifies this potential risk and has implemented several policies and actions in order to ensure that future development envisioned within the plan, including that of the Santero Way Specific Plan, would not be subject to a significant impact by earthquakes or seismic hazards. This includes implementing measures and standards that ensures development compatibility with site-specific geologic conditions.
RGH Consultants, as the project’s geotechnical engineer, conducted site-specific Geotechnical investigations and provided recommendations based on site-specific parameters. The project design has been informed by the geotechnical analysis and will integrate construction techniques and recommendations set forth therein.
Adherence to the provision detail in the geotechnical investigation will ensure that building design and onsite improvements are conducted in accordance with California Cotati Station Apartments Exemption Justification
12 Building Code. The project site is not located within an earthquake fault zone and design parameters have been set forth in order to address seismic activity. (k) Either the project site does not present a landslide hazard, flood plain, flood way, or restriction zone or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood.
Hillsides throughout Sonoma County have a medium to high susceptibility for landslides, while the low laying valley areas generally have a low susceptibility.
According to Figure 3.5- of the Cotati General Plan, the project site is located in an area designated as having very low susceptibility to landslides. As such landslides are not considered a significant constraint within the planning area, nor do they pose a significant risk to the project site. Similarly, according to Figure 3.8-2 of the Cotati General Plan, the project site is not within any Federal Emergency Management Agency (FEMA) Flood Zone Designations and has therefore been determined to not be at risk of flooding.
(l) The project site is not located on developed open space.
The project site is currently undeveloped and was previously occupied by past industrial uses. The site is currently vacant and void of structure and other improvements. There are no facilities onsite that provide for open space activities.
Therefore the site is not located on developed open space. (m)The project site is not located within the boundaries of a state conservancy.
The Cotati General Plan EIR concluded that build out of the General Plan would not conflict with an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or any other local, regional, or state habitat conservation plan. As discussed above, the project site does not contain any wildlife habitat that would be suitable for preservation, nor is the site located within the boundaries of a state conservancy. A review of available databases concluded that no conversation areas overlap the project site.
(n) The project has not been divided into smaller projects to qualify for one or more of the exemptions set forth in section 15193 to 15195.
The proposed project is located within the Santero Way Specific Plan. There are no other aspects of the project not described above under the project description. The project consists of infill development on an undeveloped and underutilized lot that Cotati Station Apartments Exemption Justification
13 has been identified as being a Priority Development Area in the adopted 2013 Plan Bay Area. No elements exist outside of the proposed project that, when coupled with the applicant’s designs, would cause the specifications to otherwise exceed the criteria addressed in this Exemption Justification.
15195(a)(2) The project meets both of the following size criteria:
(A) The site of the project is not more than four acres in total area.
The project site consists of 98 units with mixed-use space and parking totaling 2.42 acres on an identified Priority Development Area site. The additional 0.49-acre park and adjacent 0.65- acre parking area bring the total project site area to 3.56 acres. (B) The project does not include any single level building that exceeds 100,000 square feet.
The project consists of three separate three-story buildings.. Building 2 contains the largest gross square footage (GSF) at 34,100 square feet. Buildings 1 and 3 occupy 31,155 GSF and 33,640 GSF respectfully. Therefore, no single level building exceeds 100,000 square feet. (3) The project meets both of the following requirements regarding location:
(A) The project is a residential project on an infill site.
The project consists of 98 total residential units, 5,500 square feet of ground-floor commercial space, a public park and a parking lot on currently undeveloped land. The site is surrounded by residential development to the east, south, and west with the SMART depot building and Sonoma County Transit’s Park and Ride adjacent to the rail. The site is within the Santero Way Specific Plan Area and has been a recognized Priority Area in Plan Bay Area since 2013.
(B) The project is within one-half mile of a major transit stop.
The project is directly adjacent to the Cotati transit hub, as shown in the figure below. The SMART Station qualifies as a major transit stop. The SMART commuter rail service is operational and expanding since reduced schedules were introduced in response to the Covid-19 pandemic. The project includes the installation of sidewalk and pedestrian paths through the park that will provide safe connectivity between the proposed residential development and the existing Train Depot (SMART Station).
Cotati Station Apartments Exemption Justification
14 (4) The project meets both of the following requirements regarding number of units:
(A) The project does not contain more than 100 residential units.
A total of 98 residential units consisting of single, double, and triple bedroom floor plans are proposed. As such the project proposed fewer than 100 units. (C) The project promotes higher density infill housing. The lead agency may establish its own criteria for determining whether the project promotes higher density infill housing except in either of the following two circumstances:
1. A project with a density of at least 20 units per acre is conclusively presumed to promote higher density infill housing.
2. A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density infill housing unless the preponderance of the evidence demonstrates otherwise.
The mixed-use project together with the park and ancillary parking lot land area results in a density of 27.5 units per acre.
Within the SWSP under the “Residential High” Build-out Scenario (Table 3.4B), an average density of 9.92 units per acre was anticipated (198 total dwelling units within a total acreage of 19.97). It is therefore concluded that the project exceeds the average density of the surrounding properties, thus satisfying this criterion. (5) The project meets the following requirements regarding availability of affordable housing:
The project would result in housing units being made available to moderate, low or very low income families as set forth in either A or B below:
Cotati Station Apartments Exemption Justification
15 (A) The project meets one of the following criteria, and the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units as set forth below at monthly housing costs determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code.
1. At least 10 percent of the housing is sold to families of moderate income, or
2. Not less than 10 percent of the housing is rented to families of low income, or
3. Not less than 5 percent of the housing is rented to families of very low income. (B) If the project does not result in housing units being available as set forth in subdivision (A) above, then the project developer has paid or will pay in-lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph (A).
As proposed the project will include a total of 74 units, with the following break down of affordable housing mix:
8 very low income units
3 low income units
9 moderate income units
78 market rate units
98 multi-family units total
The project achieves 15195(5)(A) 3 noted above, because more than 5% of the total units will be offered for rent to very low income households. With 98 units proposed, the applicant would need to offer 5 units at very low income households to comply with this code section, the applicant is proposing 8, plus additional deed restricted units. Further, the developer will be required to enter into an affordable housing provision and monitoring agreement, ensuring that the units are continually occupied by qualifying households for 55 years.
15195 Exceptions to Exemptions
(b) A project that otherwise meets the criteria set forth in subdivision (a) is not exempt from CEQA if any of the following occur:
Cotati Station Apartments Exemption Justification
16 (1) There is a reasonable possibility that the project will have a project-specific, significant effect on the environment due to unusual circumstances.
There is no expectation that the project would have a significant effect on the environment resulting from unusual circumstances. The project site consists of flat, undeveloped land with no unusual circumstances attributed to it. The area has been identified as a Priority Development Area and has therefore been slated for development that is consistent with the scope of the proposed project’s parameters. Furthermore, the site is surrounded by established similar uses in an urban setting. Therefore, no significant effects generated by the presence of unusual circumstances would result from the proposed project. (2) Substantial changes with respect to the circumstances under which the project is being undertaken that are related to the project have occurred since community-level environmental review was certified or adopted
On March 24, 2015, the Cotati City Council certified the General Plan Environmental Impact Report (SCH# 2013082037) and adopted the General Plan Update. The Santero Way Specific Plan, in which the project site exists, had been adopted and subsequently amended in August 2001. There are no substantive changes to the project site or area that have occurred since certification of the community level environmental review. The proposed project is consistent with the General Plan land use designation, complies with the established zoning regulations, and consisting of permitted uses.
(3) New information becomes available regarding the circumstances under which the project is being undertaken and that is related to the project that was not known, and could not have been known at the time that community-level environmental review was certified or adopted.
No significant unforeseen circumstances have occurred since the Cotati General Plan EIR was certified. It should be noted that the Cotati General Plan envisioned development of the Cotati Station Train Depot and operation of the SMART corridor for commuter rail services.
At the time that the General Plan was adopted, the SMART Train Depot had not yet been constructed. The SMART Train Depot is presently constructed and commuter rail service anticipated to start in 2017. The SMART facilities were anticipated in the General Plan and do not pose any unanticipated impacts. There is no other information regarding circumstances under which the project is being undertaken that was not known or could not have been known at the time the General Plan EIR was certified.
If a project is not exempt from CEQA due to subdivision (b), the analysis of the environmental effects of the project covered in the EIR or the negative declaration shall be limited to an analysis of the project-specific effect of the projects and any effects identified pursuant to subdivisions (b)(2) and (3).
Cotati Station Apartments Exemption Justification
17 There are no circumstances that prohibit the project from qualifying for the Residential Infill Exemption. Therefore, in accordance with the above verification demonstrating consistency with Section 15195, the proposed Cotati Station Apartments Project is exempt pursuant to the Residential Infill Exemption.