RESOLUTION NO. PC - 2022 - 5
RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING CITY
COUNCIL APPROVAL OF PRELIMINARY DESIGN REVIEW FOR COTATI STATION APARTMENTS, A MIXED USE DEVELOPMENT CONSISTING OF 98 MULTI-FAMILY UNITS AND (APPROXIMATELY) 5,500 SQUARE FEET OF COMMERCIAL SPACE ON 2.42 ACRES, A PUBLIC PARK ON .49 ACRES, A COMMUNITY PARKING AREA ON .65 ACRES, TOGETHER WITH A DENSITY
BONUS, INCLUDING NECESSARY CONCESSIONS AND WAIVERS REQUIRED TO IMPLEMENT THE PROJECT. (APNS144-320-015, 016; 144-790-017; 144-480-012; 144- 320-028) FILE NO. PA21-16
WHEREAS, an application has been submitted by Doug Elliot and the Colvin Group LLC requesting Design Review and Use Permit approval to allow the development of the 98-unit Cotati Station mixed-use project, on three un-addressed vacant parcels totaling 2.42. acres, more particularly described as Assessor's Parcel Numbers) 144-320-034, 144-320-035 and 144-320- 036, dated April 27, 2022, and on file in the Office of the Department of Community Development; and
WHEREAS, on February 25, 2022, the Community Development Department deemed the application complete; and
WHEREAS, with Design Review and Use Permit approval for a density bonus and with City Council approval of additional requested units, the project is consistent with both the 2015 Cotati General Plan and the Santero Way Specific Plan; and
WHEREAS, the project qualifies for an exemption under the California Environmental Quality Act Guidelines Section 15195 (Residential Infill Exemption); therefore, no further environmental review is required; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 2, 2022, regarding the amended application and associated entitlements, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, the Planning Commission has recommended City Council approval of the project inclusive of the below market rate income units required under density bonus regulations; and WHEREAS, the Planning Commission heard the evidence and reviewed the proposed findings, if any, submitted by the applicant; and
NOW BE IT RESOLVED, the Planning Commission does hereby determine that the requested Design Review and Use Permit approval for the 98-unit Cotati Station mixed-use project is in compliance with the requirements of the Design Review and Density Bonus Ordinances of the City of Cotati, (Title 17, City Code), and the California Density Bonus Law (Government Code Sections 65915-65918, et seq.) based upon the following findings:
NOW, THEREFORE BE IT RESOLVED THAT THE CITY OF COTATI PLANNING COMMISSION FINDS AS FOLLOWS:
DESIGN REVIEW FINDINGS
1. That the above recitals are true and correct; and
2. The proposed design is consistent with the City of Cotati Design Review Ordinance and the prescribed design criteria of the Santero Way Specific Plan (SWSP) in that the design implements historic architectural design elements and site planning characteristics consistent with the surrounding development patterns, the project incorporates significant landscaping and quality materials throughout the site and all facades of the proposed structures include articulation, glazing and other features as prescribed; and
3. The project provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community in that the building height is consistent with the surrounding development pattern, the designs of the buildings provide significant and appropriate articulation and fenestration; and the site façade orientation is thoughtful and considerate of the existing surrounding buildings; and
4. The design provides attractive and desirable site layout and design, including building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc. in that the site design incorporates appropriate setbacks, vehicular and pedestrian circulation and a variety of open space and landscaping which is well incorporated throughout the site; and
5. The design provides efficient, safe, and visually attractive public access, circulation and parking in that the buildings have access points on all facades, the site parking is screened and located behind the buildings and the street parking is expanded and enhanced with increased spaces, street trees and decorative lighting; and
6. The design provides appropriate open space and landscaping, including the use of water- efficient landscaping, and native plants where appropriate in that a majority of the homes have private balconies, the buildings area served with communal courtyards and the landscape plan incorporates native plantings and is completely WELO compliant; and
7. The project addresses site planning design considerations related to city services, traffic flows and patterns, and environmental conditions in a manner that ensures maximum aesthetic cohesiveness in that multiple pedestrian and vehicular access points are included, upgrades to the existing City sewer system will be made, parking and circulation elements are spread throughout the site and the project has been found to qualify for an In-Fill Exemption under CEQA after multiple environmental studies were conducted to analyze the projects potential to impact the environment; and
8. The proposal is consistent with the general plan and applicable specific plans in that the land use requirements, the design criteria and the development standards of both the applicable General Plan policies and the Santero Way Specific Plan are met and implements with the proposed project; and
9. The project found to comply with any applicable
city design guidelines, design standards, and/or design review policies as is demonstrated in the project plans, the staff report and, in the findings enumerated above.
DENSITY BONUS FINDINGS
10. That the residential development will be consistent with the general plan, except as provided for density bonuses in CMC Chapter 17.32, and other incentives and concessions, in that with the concessions allowed through state density bonus in regard t he reduction of commercial space, the project is consistent with the General Plan, giver that it is providing a mixed-use development with adequate pedestrian connectivity, designed and built of architecturally compatible materials and providing significant amounts of public and private open space, near transit.
In terms of land use policy the project will continue to mix residential and commercial uses in appropriate areas, with an emphasis on providing mixed uses in the areas with Specific Plan land use designations. (LU 2.11).
In terms of circulation policy, the project is constructing sidewalks and walkways on and off-site in order to maintain consistency with the City's Bicycle and Pedestrian Master Plan, and as dictated by the location of transit stops and common pedestrian destinations. (CI2.3)
And in terms of housing policy, the project is providing housing stock at a range of affordability levels to assist in meeting the City's housing needs as required by Chapter
17.31 of the Land Use Code. (H-2.8), and the project encourages housing development on existing infill sites in order to efficiently utilize existing infrastructure. (H-2.12), and through this project, the City is providing density bonuses to eligible projects as required by Government Code section 65915, and that the project meets the minimum amount of total units affordable to very low and low income. (H-3.3)
11. The approved number of dwellings can be accommodated by existing and planned infrastructure capacities through the implementation of the conditions by the City Engineer and the Rancho Adobe Fire District, the number of units proposed will be accommodated by the infrastructure.
12. Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this chapter, including the need for an Affordability Agreement to be entered into and recorded against the property for a period of 55-years in order to meet the conditions of approval and receive a building permit; said agreement will detail the unit types and affordability levels for the project as well as a monitoring and reporting requirements. The agreement will be reviewed and approved by the City Attorney and City Manager.
13. There are sufficient provisions to guarantee that the units will remain affordable for the required time period is found to be given that the housing agreement described above is required to be in effect for a period of 55 years. A building permit will not be issued without this agreement in place.
14. That the findings for a Density Bonus under 17.32.090 of the Municipal Code can be made, because:
NOW THEREFORE BE IT RESOLVED THAT the Planning Commission commends City Council approval of Preliminary Design Review and the requested Density Bonus and associated incentives, concessions and waivers for the Cotati Station Apartment project as shown on the attached plans and subject to the applicability and validity of each and every one of the below conditions and that if any one or more of the below conditions are determined invalid, these entitlements would not have been approved without requiring other valid conditions for achieving the purposes and intent of such approval.
General
1. _ All work shall be done according to the final approved plans dated April 27, 2022.
2. The applicant shall submit an Operation and Management Plan for the 98 residential units and commercial space which constitute Cotati Station Apartments. This plan shall include joint landscape access and maintenance including the public park, management of the commercial space (parking, garbage and public access) and a testing and maintenance schedule for the fire and sprinkler alarms and systems. The Plan shall be approved by the City and in place prior to occupancy of the development, shall be updated annually, and copies shall be filed with the Community Development Department and Rancho Adobe Fire District prior to the end of each calendar year.
Applicant shall initiate a Santero Way Parking Management Plan, inclusive of all public parking areas in the SWSP. This plan is required to incorporate input from existing Santaro Way residents including the Homeowners Association regarding existing parking challenges and preferred solutions, direct Cotati Station residents to use new parking on the Depot Way extension as "over-flow" and visitor parking; and identify alternative safety mitigation to the satisfaction of the Rancho Adobe Fire Protection District that allow the prohibition on over-night parking along Santero Way to be removed. The Plan shall be approved and in place prior to occupancy of the development, shall be updated annually, and copies shall be filed with the Community Development Department and Rancho Adobe Fire District prior to the end of each calendar year.
This approval shall be valid for a two-year period from the date of City Council approval.
If construction has not begun within two years from the date of approval, this approval shall automatically expire and shall be invalid unless an application for extension is filed prior to the expiration date.
5. The Indoor Recreation Area (Fitness Center) located on the ground floor of building two is a requirement for multi-family development and shall be open and available to the general public as well as project residents. The operation and management plan shall address the ways in which priority will be given to residents while maintaining public access and membership.
The Cotati Station Apartments shall have an on-site resident manager to address day to day issues and operation of the multi-family building.
The project shall include roof-top or structure mounted solar photovoltaic system which will provide no less than 20% of the projects electric demand.
Compliance with the latest adopted ordinances, resolutions, policies, and fees adopted by the City Council at the time of building permit review and approval is required. The applicant shall pay all required development impact fees, building permit fees, and any and all other applicable development fees. The City Council shall approve the requested deferral of impact fees until the buildings are ready for occupancy and the request to utilize the City's Affordable Housing Fund to cover the Impact Fees of the Low and Very Low income units. Said approval shall be memorialized and defined within an agreement approved by the City Council and recorded against the project.
Affordable Units
9. In granting a density bonus, 19 below market rate apartments must be built and available at the same time as the market units. The apartments shall be for rent in the following income levels and unit types as shown in the table below:
Cotati Station Apartments Affordable Housing Requirement 1-bedroom 2-bedroom 3-bedroom (total)
Very Low Income 5 3 0
Low Income 0
Moderate Income 5 3 1
Total 12 6 1 19 units
10. Prior to the issuance of a building permit, the applicant shall execute required regulatory agreements to memorialize these requirements and ensure continued affordability and on- going monitoring of the income restricted units. The agreement shall include all necessary requirements of 17.32.100 and shall be in effect for a period of 55 years.
Santero Way Specific Plan Mitigation Measures
11. The Rohnert Park Cotati School District will levy impact fees to be paid at the time of building permit issuance.
12. All other mitigation measures required in the SWSP EIR must be satisfied and implemented as a component of the construction of this project.
Engineering Conditions of Approval
Prior to issuance of a Grading Permit the improvement plans shall be revised and the following items shall be addressed:
General Site:
13. All on-site grading, drainage and underground utility improvements including Park, Depot Way & Community Parking Area improvements shall be subject to City Engineer, Community Development Director, Rancho Adobe Fire District and Police Department review and approval. All improvements shall comply with City Standard Details and Specifications, current edition including City of Cotati - Construction Notes available on the City web-site at http://www.ci.cotati.ca.us/docs/StandardDetails- SpecificationsFeb2015.pdf.
14. The improvement plan submittal shall include and address all requirements stated in the Cotati Municipal Code sections: 14.34.050, 17.78.020, 17.78.040 and 17.78.060 along with an application and payment of Engineering Plan check deposit.
15. All work within the Public Right of Way and Public Property requires submittal and issuance of an Encroachment Permit.
16. The proposed sidewalk along Santero Way at the primary project entrance, at the southerly entrance and at the entrance to Deport Way shall provide a tapered transition from the 12.5' width to the 6' width.
17. Provide parking lot lighting plans, details and specifications for the Community Parking Area lot, including electrical service connection points).
18. The applicant shall prepare a Public Improvement Agreement with the City to address all public improvements, including the proposed Community Parking Area lot. The agreement shall address design, construction, dedication of and city acceptance of the public improvements. The agreement shall be submitted for review and approval by the City. The agreement shall also address the ownership, maintenance, lighting, parking, access and shall be recorded against the lands of Lots 1, 2, 3 and the Community Parking Area.
19. The landscape plans shall be revised to show underground utilities and no trees shall be planted over any existing or proposed underground utilities.
20. The existing Public Utility Easement (PUE) adjacent to the easterly side of Santero Way shall be abandoned. The applicant shall prepare the necessary documentation for the City to abandon the PUE.
21. The applicant shall prepare or amend existing Easement Declarations and Maintenance Agreements on record, to address access and maintenance of common/open space areas including but not limited to:
a. Private Access easements over Lots 1, 2 & 3, in favor of neighboring properties, b. Utility easements where utilities cross over property lines, c. Shared Parking agreement,
d. Access easements over property lines,
e. Private drainage easements for Lots 2 & 3 properties, f. Private sewer easements for Lots 2 & 3 properties,
8. Shared maintenance responsibilities for the landscaping and site improvements, h. Shared maintenance of Storm Water BMP improvements.
i. Park open space public access and maintenance
j. Public storm drain easement for Santero Way drainage onto Park site and private maintenance of such.
22. Provide details of Community Parking Area and Park lot typical cross-sections on the Civil plans.
Storm Water Quality:
23. 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.
24. All design and construction shall meet the requirements of the most recent editions of City of Cotati, Phase I MS4 permit and the City of Santa Rosa Low Impact Development Technical Design Manual. Prior to approval of the improvement plans, the applicant shall submit a Final Storm Water Mitigation Plan (FSWMP) subject to review and approval by the City Engineer. The plan shall include post-construction storm water treatment and peak reduction measures and shall address maintenance of private and/or public storm water facilities. The FSWMP shall be approved by the City Engineer prior to issuance of the first building permit.
25. Provide evidence that a Notice of Intent (NOI) has been submitted and received by the State Water Resources Control Board for a General Construction Activity Storm Water Permit. Two copies of the project Storm Water Pollution Protection Plan shall be provided to the City prior to issuing a grading permit, encroachment permit, or building permit.
26. Prior to approval of improvement plans and issuance of any Permits the applicant/developer shall submit a Declaration of Covenants Regarding Maintenance of Storm Water Best Management Practices (BMP) Facilities along with Standard Urban Storm Water Mitigation Plan (SUSMP). The applicant/developer shall obtain the City's review and approval of the said Declaration and plan and record with the Sonoma County Recorder prior to issuance a Certificate of Occupancy. The Declaration shall address the following, but is not limited to:
a. All requirements stated in the City's Municipal Storm Water Permit (Phase 1 MS4 permit) issued by the State.
Pavement cleaning and maintenance program, which normally consists of regular street cleaning and asphalt maintenance program for all on-site roads and parking areas.
A three-part program designed to limit direct disposal of contaminants into streets and storm drains: labeling all catch basins - "No Dumping - Drains to Creek"; strictly limiting the use of non-biodegradable fertilizers or pesticides; prohibit the regular washing or maintenance of vehicles in paved areas that drain directly into the storm drain system.
Drainage:
27. All drainage improvements shall be designed in conformance with the Sonoma County Water Agency, Design Criteria, latest edition.
28. The three (3) 4-inch through curb drains proposed on Santero Way in front of the Park site shall include a drop inlet in the street gutter and a minimum 6-inch pipe, subject to City Engineer approval.
Water:
29. The proposed rectangular shaped public water easement located in the southeast area of the site shall be configured only to include the domestic and irrigation water services, not the fire hydrant and backflow assembly.
30. The Fire Hydrants shall be designed to have a separate 8-inch minimum service laterals in conformance with the City Design Criteria.
31. The two proposed Fire Hydrants located in the southeast area of the site shall be designed to be separate from the domestic and irrigation services and be on a Double Check Detector Check Valve assembly. The Fire Sprinkler system shall come off the private Fire Hydrant line and be separated by single check valve.
32. The plans shall provide and include a 2-inch chase and empty meter boxes in the public sidewalk between the water meters and the Retail/Commercial spaces to allow for future expansion of additional water meters.
33. The proposed combination water lateral serving building 2 shall be sized adequately to provide water demands based on fixture unit calculations, which shall be submitted for review and approval.
34. Provide acceptable fire flow calculations for the fire sprinklers (3) and fire hydrants to show the proposed pipe sizing is adequate.
Sewer:
35. The existing sanitary sewer within Santero Way shall be upsized to an 8-inch from East Cotati Avenue to the existing manhole located near the southerly entrance to the project site. All existing service laterals shall be connected the upsized sewer line. The design shall comply with City Standards and shall be approved by the City Engineer. A shared cost recovery agreement may be created and implemented, based on the pro rata share of the benefits provided by this sewer expansion to surrounding properties, after the improvements are constructed and accounted for.
Real Property Matters:
Prior to issuance of a Grading Permit
36. If the property is not presently included, the owner shall execute an agreement to annex into the City's Community Facility (CFD) District. The owner shall create a CFD if one does not already exist and annex the property into it. Determination of parcel descriptions to be dedicated to the District (versus roadway right of way) shall be determined by the City Engineer. Public facilities within public properties/rights of way shall be included in the district in terms of funding maintenance of such facilities, shall be determined by the City Engineer.
37. The 5-foot wide area of land owned by the City along the easterly side of the site is conceptually agreeable to convey to the applicant/owner. The conveyance shall end at the southerly prolongation of the project site. The remaining portion of the 5-foot area shall be conveyed to the property owner of APN 144-790-001-016. The applicant shall prepare legal descriptions and plats along with deeds to carry out this transaction. The applicant shall provide Grant Deeds including legal descriptions and plats reflecting the proposed lot line adjustments and conveyance of the 5-foot strip of land, as follows:
a. Separate Grant Deeds for conveying those portions of the 5-foot strip of land to the adjacent property owners. Only the portion of the 5-foot strip along the Lot 1 (Bldg 1) boundary shall be conveyed to the Lot 1 owner and the same for Lot 3 (Bldg 3).
Both areas shall be merged with the respective properties so that no additional lot is created. Deeds shall be reviewed and approved by the City and recorded with the Sonoma County Recorder after proper authorization by the City b. The portion of the 5-foot strip of land adjacent to Cotati Station Phase 2 (Common Area shall be conveyed to and merged with the owner of Common Area lands. This deed shall be reviewed and approved by the City and recorded with the Sonoma County Recorder after proper authorization by the City.
38. The applicant shall achieve abandonment of the existing 20-foot Storm Water Diversion Easement which traverses across the site, as described in Document No. 2005-037031 Sonoma County Records. Abandonment shall conform to the requirements contained in the State, Streets and Highways Code, starting with Section 8300 and shall be reviewed and approved by the City and recorded with the Sonoma County Recorder.
39. The design engineer shall demonstrate to the satisfaction of the City Engineer how drainage from off-site in the southeast corner of the site will be conveyed to the proposed 12-inch storm drainage inlet on Lot 3 (Bldg 3).
40. The applicant shall submit legal documents to ensure continued open space and to provide for a public use, access and enjoyment over the entirety of the proposed park parcel in perpetuity, the document shall be subject to City review and approval and recorded against the land
Building Division
41. The buildings will need to meet the requirements of the current California building codes.
42. 10% of the ground floor units, but not less than one, shall be fully accessible and all the ground floor units shall be adaptable.
43. A CASp (certified access specialist) shall be retained for the job for plan review and project management of all access issues.
44. Cal-Green measures shall be submitted at time of building plan submittal.
45. Improvement plans shall show all ADA circulation, access, stripping and signage.
Rancho Adobe Fire District
46. Comply with all local California Fire and Building Codes.
47. Submit 3 sets of engineered Fire Sprinkler plans to the City of Cotati Building Department for review by the Rancho Adobe Fire Protections District showing all calculations to comply with a full NFPA 13 system.
48. Where fire apparatus access roads or a water supply for fire protection are required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection where construction of new roadways allows passage by vehicles in accordance with Section 505.2. No combustible construction shall begin until fire department access roads and fire hydrants are in service. (CFC 501.4).
Pursuant to California Fire Code Appendix D105.3, plans submitted for purposes of construction shall relocate street-lights and obstructive landscaping adjacent to aerial apparatus access areas identified on the proposed plans, subject to Fire Marshal review and approval.
50. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet (7925 mm), exclusive of shoulders. CFC D103.1
51. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. (CFC 503.1.1)
52. Multiple-family residential projects having more than fifty (50) dwelling units shall be provided with two (2) separate and approved fire apparatus access roads. (CFC D106.1)
53. Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. (CFC 503.2.4)
54. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. (CFC D105.1)
55. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of the building or portion thereof. (CFC C105.2)
56. An approved automatic fire sprinkler system shall be installed and maintained in all newly constructed buildings with Group R occupancy (CFC 903.2.8).
57. The fire sprinkler system requires approved plans and permit from the Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with plans, cuts sheets and calculations. This system shall comply with NFPA-13R.
58. An approved fire alarm system shall be installed and maintained in al new constructed R- 2 occupancies. Installation of the fire alarm system requires plans and permit from the Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with plans, cut sheets and calculations. This system shall comply with NFPA 72. (CFC 907.2.9 and 907.2.10).
59. New and existing buildings shall be provided with approved illuminated address numbers or letters. They shall be contrasting with the background and be plainly visible from the street or road fronting the property. Address numbers shall be Arabic numerals or alphabetic letters. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other approved sign or means shall be used to identify the structure. Address identification shall comply with the City of Cotati Standards. (CFC 505.1)
60. Numbers for Other Than One- and Two-Family Dwellings. Each address identification character shall not be less than twelve inches (12") high with a minimum stroke width of one inch (1"). Suite and unit directional numbers shall be not less than six inches (6) in height with a minimum stroke width of three-quarter inch (0.75"). Individual unit numbers shall not be less than four inches (4") in height with a minimum stroke width of one-half inch (1/2"). (CFC 505.1.20 14. Complex Directory. Where two (2) or more buildings cannot be viewed from the public way or when determined by the Fire Code Official, an approved illuminated complex directory, monument pole, or other approved. (CFC 505.1.3)
61. A fire flow analysis is required to be submitted for review and approval at time of Building Permit Application. Fire Department approval will not be granted without a fire flow analysis.
62. Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life saving or fire-fighting purposes, the fire code official is authorized to require a key box be installed in an approved location. The key box shall be of an approved type listed in accordance with UL-1037 and shall contain keys to gain necessary access as required by the fire code official. Installation of the key boxes requires approved plans and permit from the Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with three (3) sets of plans, cuts sheets and calculations. This system shall comply with CFC Section 506.
63. All newbuilding shall have approved radio coverage for emergency responders within the building based on the existing coverage levels of the public safety communication system of the jurisdiction at the exterior of the building. The owner/project shall conduct appropriate testing and/or provide emergency responder radio coverage approved by the Fire Prevention Bureau. Installation of the emergency responder radio coverage system requires approved plans and permit from the Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with three (3) sets of plans, cuts sheets and calculations. This system shall comply with CFC Section 510.
64. All Photo-Voltaic installations shall be submitted to the Building Official and Fire Official for review and permitting prior to installation. All required clearances per CFC Chapter 12 shall be provided.
65. The applicant shall coordinate with RAFPD for the location of trees along Satero Way by Building 2 for proposed location, size and height in order to not obstruct aerial apparatus operations now and into the future (see condition #2).
66. An internal alarm system shall be connected to the water flow switch of the fire sprinkler system. The alarm system shall have audible and visual enunciators through the complex and each apartment. Submit 3 sets of engineered plans of the alarm system for approval with the building permit plan set. This is in addition to stand alone smoke detectors. The water flow alarms shall be continuously monitored by a central station 24/7.
67. All streets surrounding the buildings, constructed or modified as a component of this development, shall maintain a consistent minimum clear width of 26 feet, including Santero Way. This minimum width shall be exclusive of parking spaces.
68. The work of this project requires on-site inspections, test and approval by Fire Inspector from Rancho Adobe Fire Protection District upon completion and before building occupancy.
69. The hydrant for building 1 (Page C-4) appears to be within 3 feet of the parking space, please verify distance and relocate if needed.
70. The dead-end fire hydrant line on the North side of building 3 seems to be after the FDC for that buildings sprinkler system. This needs to be corrected on final plans. The applicant is strongly encouraged to consider constructing a completed loop for this system.
71. The Hydrant system must all be in place and operational prior to start of combustible construction, and a maintenance plan to ensure that the private fire service mains are maintained according to NFPA 25 section 7 shall be in place prior to final.
72. Each buildings fire sprinkler system shall be maintained in accordance with NFPA 25 and monitored in accordance with NFPA 72, and since each building is on a separate parcel, each building must be monitored separately.
73. The project shall provide at least one code compliant stair to the roof for each building and roof hatch at the over the other stairs. With roof access by stair, fire department has no other concerns with regard to the different roof heights and parapet for truck ladder access.
74. The applicant shall work with RAFD and the community Development Department to eliminate two street trees from the landscape plan along Santero Way in front of building 2 to ensure fire truck clearance and access for ladders.
City Attorney
75. The applicant shall defend, indemnify and hold harmless the City or its agents, officers and employees from any claim, action, or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul an approval of the City, the City's Council and/or the City's Planning Commission concerning the project, which action is brought within the time period provided for under Section 66499.37 of the Government Code. The City shall promptly notify the project applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense thereof.
76. The Conditions set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020 (d)(1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. The applicant is hereby further notified that the 90-day approval period in which the applicant may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020 (1), has begun. If the applicant fails to file protest within this 90-day period complying with all of the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.
77. The applicant shall defend, indemnify and hold harmless the City and its agents, officers, attorneys or employees from any claim, action, or proceeding brought against the City, or its agents, officers, attorneys or employees to attack, set aside, void, or annul the City Council's decision to approve the proposed development on three un-addressed parcels as identified above, including any and all City decisions to approve the design review, density bonus and/or CEQA determination pertinent to the project. This indemnification shall include damages or fees awarded against the City, if any, cost of suit, attorneys' fees, and other costs and expenses incurred in connection with such action whether incurred by the Applicant, including its partners, the City, and/or the parties initiating or bringing such action.
78. The applicant shall defend, indemnify and hold harmless the City, its agents, officers, employees and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as the Initial Study), if made necessary by said legal action and if the Applicant desires to pursue securing such approvals, after initiation of such litigation, which are conditions on the approval of such documents, in a form and under conditions approved by the City Attorney.
79. In the event that a claim, action or proceeding described herein is brought, the City shall promptly notify the Applicant of the existence of the claim, action or proceeding, and the City will cooperate fully in the defense of such claim, action or proceeding. Nothing herein shall prohibit the City from participating in the defense of any claim, action or proceeding. In the event that the Applicant is required to defend the City in connection with any said claim, action or proceeding, the City shall retain the right to (i) approve the counsel to so defend the City, (ii) approve all significant decisions concerning the manner in which the defense is conducted, and (iii) approve any and all settlements, which approval shall not be unreasonably withheld. The City shall also have the right not to participate in said defense, except that the City agrees to cooperate with the Applicant in the defense of said claim, action or proceeding. If the City chooses to have counsel of its own to defend any claim, action or proceeding where the Applicant has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the City. Notwithstanding the immediately preceding sentence, if the City Attorney's office participates in the defense, all City Attorney fees and costs shall be paid by the applicant (City of Cotati Zoning Ordinance, Section
17.48.030).
80. The applicant shall indemnify the City for all the City's costs, fees, and damages which the City incurs in enforcing the above indemnification provisions.
Community Development Department
81. Decorative paving, as identified on the approved LO.0 "Overall Layout Plan" is required throughout the project site. All paving identified as stamped, stained and/or textured on Design Review plans shall be indicated as such on all plans submitted for building permit review and submittal. Any modifications to these plans shall remain in substantial conformance with the decorative paving design and intent.
82. Short term bicycle parking shall be provided by a wave style, or similar rack in the following locations: 2 within the public park, 2 in front of the commercial uses along Santero Way and 2 within the common courtyard between buildings two and three.
83. A sidewalk, 5 feet minimum in width, shall be created as a boundary between the parking area and the easterly edge of the park on L-1
84. A decorative paving pathway, similar in style and materials to the interior crosswalks, shall be shown leading from the building one to the trash enclosure at Depot Way.
85. Proof of compliance with condition #50 (transfer of 5 foot right of way) shall be submitted prior to the issuance if building permits.
86. The design of all fencing, sound walls, carports, trash enclosures, and similar accessory site elements shall be compatible with the architecture of main buildings and shall use similar materials. The design must be approved by the Planning Division prior to issuance of a building permit.
87. All outdoor storage of materials and/or refuse bins/cans shall be maintained within a completely screened structure or area. The design of the screened structure or area shall be approved by the Planning Division prior to issuance of a building permit.
88. Design and construction details for the "patio wall with cementitious boards" (called out as #9 on material legend) shall be subject to review and approval by the Community Development Department. A substantial and attractive design and material is required for these ground floor patios, with a solid wall material such as cement plaster, horizontal siding or brick being preferred.
89. Final Design Review is hereby delegated to Community Development Department staff.
90. Applicant is required to secure an off-site evacuation route across the City-owned property at 950 E. Cotati Avenue and shall pursue a secondary off-site evacuation route across property identified as APN144-302-048 to the west of the project site.
91. Construction of the adjacent park, parking lot and extension of Depot Way is required to be concurrent with development of the Cotati Station Apartment buildings and site improvements.
92. Final design and acceptance of the public art sculpture by the City is required prior to occupancy of the Cotati Station project.
93. LIGHTING:
a. All exterior lighting shall be shown and specified on the plans submitted for issuance of a building permit in accordance with the Design Review approval. b. Light sources shall be concealed from public view.
c. All lighting shall be directed toward the subject property and away from adjacent properties.
d. The mounting height of lighting fixtures in parking and storage areas shall not exceed 16- feet in height. Lower mounting heights are encouraged.
94. LANDSCAPING:
A. All required landscaping and irrigation must be installed prior to occupancy per the approved final plans.
B. Construction drawings submitted for issuance of a building permit shall include final landscape and irrigation plans, except where not required C. All landscaping must be continuously maintained in a healthy and attractive condition, tree of weeds and debris, in accordance with the approved plans. Dead and dying plant materials shall be replaced with healthy specimens as necessary.
D. Street trees will be required and shall be planted by the developer. Selection will be made from the Santero Way Specific Plan Tree Pallet and/or City's approved Master Street Tree Plant List. Planting shall be done in accordance with the City "Standards and Specifications for Planting Parkway Trees" and/or in keeping with modern arboricultural practices.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the Planning Commission of the City of Cotati held on the May 2, 2022, by the following vote, to wit:
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the Planning Commission of the City of Cotati held on the May 2nd, 2022, by the following vote, to wit:
RESULT: ADOPTED [4 TO 0]
MOVER: Brittany Murphy, Commissioner
SECONDER: Neil Hancock, Vice Chair
AYES: Sylvia Lemus, Neil Hancock, Lisa Moore, Brittany Murphy RECUSED: John T. Savage
Approved:
Chair
Attest: here ryan
Keri L. Pajon, Admin