ORDINANCE NO. 799
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI
REZONING 7.54 ACRES LOCATED AT THE NORTHEAST
INTERSECTION OF GRAVENSTEIN HIGHWAY (HIGHWAY 116) AND
ALDER AVENUE FROM COMMERCIAL, GRAVENSTEIN CORRIDOR
(CG) TO COMMERCIAL, GRAVENSTEIN CORRIDOR: PLANNED
UNIT DEVELOPMENT (CG:PUD) AND APPROVING A PLANNED UNIT
DEVELOPMENT (AKA: THE VILLAGE AT COTATI COMMONS, P/A
#11/04, APNS: 046-286-021 AND 144-050-009)
THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:
SECTION 1. A. The zone classification for Assessor's Parcel Numbers 046-286-021 and 144- 050-009 ("The Village at Cotati Commons"), located at the northeast intersection of Gravenstein Highway and Alder Avenue, is hereby changed from Commercial, Gravenstein Corridor (CG) to Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD) as depicted in Exhibit A to this Ordinance, and subject to the Planned Unit Development Standards as described in Exhibit B to this Ordinance.
SECTION 2. The City Council finds that the rezoning is consistent with the General Plan.
SECTION 3. A. South Sonoma Capital Partners/Monahan Pacific Corporation, 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 this Planned Unit Development overlay and the Certified Environmental Impact Report and Addendum and/or the mitigation and monitoring program pertinent to this 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 South Sonoma Capital Partners/Monahan Pacific Corporation, including its partners, the City, and/or the parties initiating or bringing such action.
B. South Sonoma Capital Partners/Monahan Pacific Corporation, 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 Certified Environmental Impact Report and Addendum and/or the mitigation and monitoring program), if made necessary by said legal action and if South Sonoma Capital Partners/Monahan Pacific Corporation, 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.
C. In the event that a claim, action or proceeding described in Subsection A, above, is brought, the City shall promptly notify South Sonoma Capital Partners/Monahan Pacific Corporation, of the existence of the claim, action or proceeding, and the City will Ordinance No. 799
Village at Cotati Commons
Rezone and Planned Unit Development
June 13, 2007
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 South Sonoma Capital Partners/Monahan Pacific Corporation, 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 (111) 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 South Sonoma Capital Partners/Monahan Pacific Corporation, 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 South Sonoma Capital Partners/Monahan Pacific Corporation, 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 above, if the City Attorney's office participates in the defense, all City Attorney fees and costs shall be paid by the applicant.
D. South Sonoma Capital Partners/Monahan Pacific Corporation indemnifies the City for all the City's costs, fees, and damages which the City incurs in enforcing the above indemnification provisions.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance.
SECTION 5. Judicial Review. The time within which judicial review must be sought is governed by California Code of Civil Procedure Section 1094.6.
SECTION 6. Effective Date. This ordinance shall become effective 30 days after the date of adoption.
SECTION 7. Posting. The City Clerk shall cause this ordinance to be published and/or posted within fifteen days after its adoption.
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Ordinance No. 799
illage at Cotati Commor
ezone and Planned Unit Developme
IT IS HEREBY CERTIFIED that the foregoing ordinance was duly introduced at a regular meeting o f the City Council of the City of Cotati on the 1 3 day of June, 2007, and legally adopted on the 27th day of June _ 2007, by the following vote, to wit:
FOX Yes
GILARDI Yes
GUARDINO Yes
MINNIS Yes
ORCHARD Yes
APPROVED:
ATTEST:
Acting City Clotk
APPROVED AS TO FORM:
Ordinance No. 799
Village at Cotati Commons
Rezone and Planned Unit Development
June 13, 2007
EXHIBIT A
Ordinance No. 799
Rezone Map
AP#s 144-050-009 & 046-286-021 are rezoned to:
Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD) ::
"LANE
..." ...
HELMAN
••.
COTATI COTTAGES (UNITS 1-45) DRIVE
PHASE 1 (COMPLETED)
AVENUE APN: 046-286-021
REDWOOD
ALDER PARCEL A"
APN: 144-050-009
STATE HWY. 116
GRAVENSTEIN HWY: HEST
COTATI
Ordinance No. 799
Village at Cotati Commons
Rezone and Planned Unit Development
June 13, 2007
Ordinance No. 799
Planned Unit Development Standards
Cotati Village (APNs: 144-050-009 & 046-286-021)
Definitions for the words and terms utilized below are as set forth in the City of Cotati Land Use Code (Article 9 - Glossary), dated June 2005. These definitions, as may be amended from time to time, shall be applicable to this Planned Unit Development.
The Village at Cotati Commons is comprised of three components: the Commercial/Office component; the Residential component; and the Pool and Park component. Each component is briefly described below:
A. Commercial/Office Component
• Associated with the three (3) commercial/office buildings located along Gravenstein Highway on Lots 44-46 of the approved Vesting Tentative Map as revised by the City Council on June 13, 2007.
B. Residential Component
• Associated with the thirty-seven (37) residential "bungalow" units and six (6) affordable inits located between the Commercial/Office component and the off-site Cotati Cottage residential development on Lots 1 through 43 of the approved Vesting Tentative Map a revised by the City Council on June 13, 2007.
C. Pool and Park Component
• Associated with the swimming pool, 1,000 square foot recreation building and trellis/shade structure, and related site improvements.
1. Lot Coverage
A. Commercial/Office Component
• Lot Coverage shall be limited to 80% over the entire commercial/office component (Lots 44-46 and Parcel B1 of the tentative map) of the Village. Lot coverage shall include all non-permeable surfaces. Asphalt pavers, or other equivalent permeable materials, may be used at the discretion of the Director of Planning.
B. Residential Component
• Lot Coverage shall be limited to 80% and shall be measured overall for Parcels A, B2, and Lots 1-43 (bungalow and affordable units). Lot coverage shall include all
Ordinance No. 799
Village at Cotati Commons
Rezone and Planned Unit Development
June 13, 2007
non-permeable surfaces. Asphalt pavers, or other equivalent permeable materials, may be used at the discretion of the Director of Planning.
2. Height
A. Commercial/Office Component
• Commercial/office buildings: maximum 35'; however the height may be increased to a maximum height of 50' with a conditional use permit.
• Architectural features (elevators, mechanical equipment, etc.): maximum 38' provided that all equipment is completely screened by design features approved by the Director of Planning.
R a le soute on overe miding an only doder Boving Cading southeast corner of the building.
B. Residential Component
• Bungalows: - maximum 28'
• Affordable Units - maximum 35'
C. Pool and Park Component
• Pool Building/Trellis: - maximum 17'
3. Yards (as measured from property line)
A. Commercial/Office Component
• Front yard setback (HWY 116) - minimum 20'
• Side Yard Setback (street) - minimum 25'
Side Yard Setback (interior) - minimum 10'
Rear Yard Setback - minimum 10'
• Streets, screening, parking, landscaping, trash enclosures, pedestrian an thrulam ens roy enero ch wage, peestrian walkways, lighting and drainag B. Residential Component
Bungalow units:
• Front yard setback - minimum 10'
Rear yard setback - minimum 4'
• Side yard setback* - minimum 3'
Ordinance No. 799
Village at Cotati Commons
Rezone and Planned Unit Development
June 13, 2007
, Affordable units:
• Front yard setback - minimum 5'
Rear yard setback - minimum 3'
• Side yard setback* - minimum 3'
* Up to a maximum of 35% of the building length on one side of the bungalow units may be a 0' setback. Up to 100% of the building length on one side of the affordable units may be a O' setback, with a common wall. In the event of a 0' setback, reciprocal easements shall be recorded and described in the CC&R's for the purposes of ongoing maintenance.
C. Pool and Park Component
• A swimming pool is permitted to be located in the northeast portion of the project site, shown as 'Park' on the site plan.
• Only one structure may be constructed (combination indoor recreation building and trellis/shade structure) in addition to the pool on this 'Park' site with a minimum total size of 1,000 square feet. Remainder of park site shall be landscaped with trees, shrubs and lawn and may contain hardscape and furniture. However, planned impermeable surfaces shall not preclude the applicant from satisfying the lot coverage requirements listed above.
• The park site shall be completely fenced with a gate opening for access to the Cotati Cottage and Cotati Village residents.
• The pool building(s) shall be compatible in material type and color to the existing community building located on the Cotati Cottages property.
4. Parking/Loading - Commercial/Office Component
• Where parking is visible from Gravenstein Highway or Alder Avenue, landscaping shall be utilized to effectively soften the visual impact of parking areas and screen the undercarriages of parked vehicles.
• Parking shall be required at a ratio of 1 parking space for each 250 square feet of commercial space.
• Compact parking spaces, measuring 8' x 16' may be used in the commercial/office component at a maximum of 30% of the total proposed parking spaces. • One (1) off-street loading space shall be provided for each building and shall not be located within the required yards. Loading spaces shall be striped and identified for "loading only."
Ordinance No. 799
Village at Cotati Commons
Rezone and Planned Unit Development
June 13, 2007
5. Landscaping
• All landscaping shall conform to the City of Cotati's water conservation policies and requirements and the Mitigation Measures for the Project, with a particular emphasis on local, native species.
• The overall planting plan shall assure 50% shade coverage of all paved surfaces within ten years.
• Irrigation shall generally utilize a drip method of delivery. No above ground spray shall be utilized except where necessary to the plant species. • • As part of the Final Design Review approval for the commercial buildings, attractively designed, functional, seating/gathering area(s) shall be provided. Furnishings, such as benches, tables and chairs should be included.
• 50% of the plantings shall be native species. 80% of the plantings shall be drought tolerant, except that turf shall be allowed in the park area or other high traffic or play areas.
6. Energy Efficiency and Resource Conservation
• All buildings shall conform to the City of Cotati Sustainable Building Program. • All residential bungalow units shall be plumbed and pre-wired for Photo Voltaic Systems and offered as an upgrade to purchasers of these units. A minimum of 13 of the residential bungalow units shall be installed with a complete PV System prior to sale of units.
7. Public Street Design Standards
• Highway 116 frontage shall consist of a minimum 10' planter strip and 6' sidewalk.
Alder Avenue frontage shall consist of a minimum 5' planter strip and 5' sidewalk. • All trees planted along the public street and highway shall be planted 20' on center. The perimeter planting at the street/highway edges shall consist of a textured mix of trees at both 15 gal and 24 inch box size emphasizing placement of the 24 inch box size at entries with clusters at appropriately spaced intervals.
8. Private Streets and Parking Lot Standards
• Any parking lot pedestrian sidewalks and paths shall be a minimum of 5' wide and clear of any vehicle overhang.
• All trash enclosures shall be screened from view from the public right-of way. • Ford Lane and Connecting Road shall conform to the City standard of minimum 5' sidewalk, 5' planter strip and 24' road width.
Ordinance No. 799
Village at Cotati Commons
Rezone and Planned Unit Development
June 13, 2007
9. Uses
Uses set forth below are listed alphabetically. See Definitions (Article 9-Glossary in the Land Use Code) for a complete description of each use.
A. Commercial/Office Component
• Those permitted and conditionally permitted uses as listed in Table 2.3 of Chapter 17.22 of the City of Cotati Land Use Code under the CG District as the same may be amended from time to time.
B. Residential Component
P = Permitted - S = Permit requirement set by | Required Specific Use Regulations Permit
Animal keeping S
Home occupation
Residential care, 6 or fewer clients
Adult day care, 6 or fewer clients
Child day care, small family day care home
Single family dwelling P
C. Pool and Park Component
P = Permitted -S = Permit requirement set by | Required Specific Use Regulations Permit
Swimming Pool P
Recreation Building P
Incidental Landscape and Site Improvements
and Structures P
Solar collector
10. Signage
• Signs shall conform to the City of Cotati Land Use Code as may be amended from time to time.
11. Residential Standards
• No fence or wall within the front setback shall exceed 3.5' in height; fencing behind the required front setback shall not exceed 6' in height.
• All porches shall be a minimum of 6' deep.
• Accessory structures are prohibited.
Ordinance No. 799
Village at Cotati Commons
Rezone and Planned Unit Development
June 13.2007
12. Drive-thru
• No drive-thru uses shall be permitted within the Cotati Villages site.
13. Applicability
• To the extent not specifically set forth herein, the standards and rules and regulations applicable to this project shall be as set forth in the City of Cotati Land Use Code as may be amended from time to time.
** End of Planned Unit Development Standards **