RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING
PRELIMINARY DESIGN REVIEW, A VESTING TENTATIVE MAP, A TREE
REMOVAL PERMIT AND A HILLSIDE DEVELOPMENT PERMIT TO ALLOW CONSTRUCTION OF A 35-LOT SINGLE-FAMILY HOME SUBDIVISION ON A 7.1 ACRE PARCEL LOCATED AT 8841 OLD REDWOOD HIGHWAY AND FINDING
THE PROJECT CONSISTENT WITH THE COTATI GENERAL PLAN
ENVIRONMENTAL IMPACT REPORT AND EXEMPT FROM FURTHER REVIEW UNDER CEQA GUIDELINES SECTION 15183 (PA# 16-17 / APN 046-223-018) WHEREAS, on March 24, 2015, the Cotati City Council adopted its updated General Plan (Resolution No. 2015-12), which identifies the City’s vision for the future and provides a framework to guide decisions on growth and development consistent with the quality of life desired by Cotati citizens. On March 24, 2015, the Cotati City Council also certified the City of Cotati General Plan Environmental Impact Report (EIR), which reviewed potentially significant environmental effects resulting from the plan’s implantation and developed measures and policies to mitigate those impacts to less-than-significant levels; and WHEREAS, on July 19, 2016, Pink Viking ORH, LLC (“Applicant”) submitted an application for Design Review, Tentative Map, and Hillside Development Permit to construct a 21-unit single-family subdivision on a 7.1-acre parcel located at 8841 Old Redwood Highway; and
WHEREAS, in 2018, while the City was reviewing the 21-unit subdivision application, the Applicant determined that the project was not economically feasible and put the project on hold. At the same time, the Applicant became interested in the City’s desire to develop a cottage housing ordinance and assisted the city with its development of a cottage housing ordinance until it was adopted in July 2021; and
WHEREAS, after adoption of the cottage housing ordinance, the Applicant determined a cottage housing project on the subject site would not likely be supported because of the high density (80+ units) of smaller units that would be needed to make the project economically feasible; and
WHEREAS, in September 2021, the Applicant submitted to the City a draft proposed plan to subdivide the property into 35 lots with single-family dwellings; and WHEREAS, on October 7, 2021, the City hosted a noticed neighborhood meeting to gather early feedback on the 35-lot subdivision proposal; and WHEREAS, on May 26, 2022, the Applicant formally submitted an application for approval of Design Review, a Vesting Tentative Map, Tree Removal Permit, and a Hillside Development Permit to construct a 35-unit single-family subdivision on a 7.1-acre parcel located at 8841 Old Redwood Highway; and
WHEREAS, on October 12, 2023, the City notified neighboring property owners within a 500-foot radius of the out boundaries of the project site that the City was reviewing an application for a 35-unit subdivision and invited the neighboring property owners to review the project at the City’s “Project in Progress” website and provide comments and questions; and WHEREAS, on December 4, 2023, the Planning Commission held a duly noticed public hearing to consider public testimony on the proposed project, received the staff report and reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the item prior to taking its action on the item; and WHEREAS, on December 4, 2023, the Planning Commission found that the proposed project is consistent with the City of Cotati General Plan and unanimously recommended City Council approval of the project (Resolution PC-2023-09); and WHEREAS, Public Hearing Notices of the January 9, 2024, City Council hearing for consideration of the project were sent to all neighboring property owners within a 500-foot radius of the project site, and all parties having requested notice, and were published in a newspaper of general circulation in the City in accordance with law; and WHEREAS, on January 9, 2024, the City Council held a duly noticed public hearing to consider public testimony on the proposed project, received the staff report and reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the item prior to taking its action on the item; and WHEREAS, the Record of Proceedings ("Record") upon which the City Council bases its decision includes, but is not limited to: (1) the State CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3); (2) the Cotati Municipal Code; (3) the City of Cotati General Plan and its related Environmental Impact Report (EIR), adopted on March 24, 2015; (4) the City of Cotati 2023-2031 Housing Element Update and its related Addendum to the City of Cotati General Plan EIR, adopted by the City Council on March 28, 2023; (5) all staff reports, city files, records, and other documents prepared for and/or submitted to the City Council related to the adoption of the zoning amendment; (6) all documentary and oral evidence received at the public hearings or submitted to the City during the comment period on the Project; and (7) all other matters of common knowledge to the City Council, and the City, including, but not limited to, City, state and federal laws, policies, rules, regulations, reports, records, and projections related to development within the City and its surrounding areas.
NOW, THEREFORE, BE IT RESOLVED that the CEQA analysis for the project conforms to CEQA Guidelines Section 15183, which provides a streamlined review of the environmental impacts of the project by tiering from the program level analysis prepared for the Cotati General Plan and its certified EIR. Section 15183 of the CEQA Guidelines mandates that projects which are determined to be consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This focuses the analysis to the potential environmental impacts of the project relative to the impacts analyzed in the Cotati General Plan’s program level EIR. As found in the November 13, 2023 15183 CEQA Environmental Analysis, attached hereto, all adopted mitigating General Plan policies and mitigation measures identified in the 2013 General Plan EIR that apply to the project are identified in the analysis and imposed as environmental conditions of approval, there are no project-specific significant effects which are peculiar to the project or its site, and, therefore, in accordance with Section 15183 of the CEQA Guidelines, no further environmental review is required.
BE IT FURTHER RESOLVED that the above recitals are true and correct and constitute a part of the finding in support of this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Cotati does hereby, based on substantial evidence and in view of the whole Record, determine that the findings to approve the project can be made for the following reasons:
Design Review Findings
1. Complies with Cotati Municipal Code (CMC) §17.62.040 (Design Review);
2. Provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community;
3. Provides attractive and desirable site layout and design, including building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.;
4. Provides efficient, safe, and visually attractive public access, circulation and parking;
5. Provides appropriate open space and landscaping, including the use of water-efficient landscaping, and native plants where appropriate;
6. Addresses site planning design considerations related to city services, traffic flows and patterns, and environmental conditions in a manner that ensures maximum aesthetic cohesiveness;
7. Is consistent with the general plan and applicable specific plans; and
8. Complies with any applicable city design guidelines, design standards, and/or design review policies.
The proposed project, as conditioned, complies with the provisions of CMC §17.62.040 (Design Review). The project application addresses and conforms with the City’s General Plan and Land Use Code provisions for site planning and design, building architecture, landscaping, pedestrian and vehicle access and circulation, energy and resource conservation, and the use of utilities. No variances from City development standards are required to implement the project.
The Applicant is proposing development at a density of 4.93 units per acre which complies with the NL (Neighborhood, Low Density) density limits of 4 to 6 units per acre. The project proposes attractive moderately-sized (1,912 sf to 2,242 sf) craftsman/bungalow residences that blend well with the surrounding developments. The project conforms to City standards regarding subdivision design, parking, water efficient landscaping, setbacks, fencing and lighting. The proposed project incorporates sidewalks throughout the development and will tie into the existing road network, provide for a center turn lane on Old Redwood Highway, and allow for the extension of the City’s roadway network to the south if/when properties to the south are annexed into the City.
The project has been reviewed by the Community Development Department, Department of Public Works/Engineering, Police Department, Rancho Adobe Fire Protection District, and relevant outside agencies. No issues have been identified that would prevent the project’s development or the provision of services to the residents.
Subdivision Findings
1. Required Findings for Approval. The review authority may approve a tentative map only after first finding that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, and any applicable specific plan, and that none of the findings for denial in subsection C of this section (see #2 below) can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act Section 66424.6.
2. Findings Requiring Denial. A tentative map, or a parcel map for which a tentative map was not required shall be denied if the review authority makes any of the following findings, as required by Map Act Sections 66474 and 66474.6 a. The proposed map, and/or subdivision design or improvements are not consistent with the general plan or any applicable specific plan; b. The site is not physically suitable for the type or proposed density of development;
c. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
d. The design of the subdivision or type of improvements is likely to cause serious public health or safety problems;
e. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. This finding may not be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgement of a court of competent jurisdiction, and no authority is granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision; or
f. The discharge of sewage from the proposed subdivision into the community sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. (Ord. 766 § 2 Exh. A (part), 2004).
The subdivision, as conditioned, is consistent with the direction provided by the General Plan and the standards of the Cotati Land Use Code. The site of the proposed subdivision has a General Plan designation of Low-Medium Density Residential (LMDR), which envisions “single-family attached and detached units, duplexes, and associated neighborhood retail.
Densities of six dwelling units per acre are allowed within the LMDR designation with site coverage of up to 45%.” Consistent with the General Plan designation, the City’s zoning map and Land Use Code include the subject parcel within the NL (Neighborhood, Low Density) zoning district, which prescribes a density of 4 to 6 units per acre with a minimum lot size of 6,000 square feet. The proposed project conforms to these provisions.
The project site is within the scope of development envisioned by the General Plan and its accompanying Environmental Impact Report (EIR). The project, as conditioned, does not introduce potential environmental impacts that were not identified in the General Plan EIR and there are no circumstances peculiar to the project site that would result in new or unforeseen significant environmental impacts that cannot be mitigated as prescribed in the General Plan EIR.
The project has been reviewed by the Community Development Department, Department of Public Works/Engineering, Police Department, Rancho Adobe Fire Protection District, and relevant outside agencies. No issues or project circumstances have been identified that would cause public health or safety problems or prevent provision of services to the residents.
There are no easements of record burdening the property that provide for public access through or use of the project site. Nor are there any easements of any kind that would be affected by the proposed project.
The residences of the proposed subdivision will be required to hook up to the City’s sewer system, which conforms to the requirements of the local North Coast Regional Water Quality Control Board. An analysis of the project’s potential impact to the City’s water and sewer system was completed by the City’s utility consultant, Carollo, and the analysis concluded that the existing sewer system has sufficient capacity to accommodate the project’s projected sewer discharge and that there are no deficiencies in the system that would prevent servicing the proposed subdivision.
Hillside Development Permit Findings
1. The proposed project complies with the requirements of this chapter and all other applicable provisions of this land use code;
2. The proposed project is consistent with the general plan and any applicable specific plan;
3. The design, location, and size of proposed structures and/or additions or alterations to existing structures will be compatible with adjacent existing and anticipated future development, in terms of aesthetics, character, scale, and view protection;
4. The design and placement of proposed structures will minimize their visibility from off the site and reinforce the appearance of the site as more of an open hillside than an intensively developed property, to the maximum extent feasible; and
5. The placement of proposed structures on the site avoids slopes over ten percent to the maximum extent feasible.
The project conforms to hillside development standards in the areas subject to hillside development provision (Lots 14 through 19 - areas where the slope exceeds 10% grade). Further, a visual impact analysis found that the new homes would not extend above a ridgeline or block the view of any scenic resource.
The zoning code and state law require that this property be developed at a density between 4 and 6 units per acre. This density requirement does not allow for an open hillside appearance.
Instead, the subdivision will more closely resemble the adjacent residential development to the north of the property. The majority of the property has less than a 10% grade and, to the extent feasible, development on slopes greater than 10% is avoided. The most western lots (Lots 14 through 19) will have structures on slopes greater than 10%, but no structures will be placed on slopes greater than 15% as proscribed by the hillside development standards. As detailed in the findings for subdivisions above, the proposed project complies with the General Plan, and the project would not alter the visual character of the site beyond what was anticipated by General Plan and zoning designation of the site.
The proposed residences are similar to scale and design to the residences immediately to the north along Clothier Drive and the newly built Kessing Ranch subdivision at the corner of Valparaiso and Old Redwood Highway. The proposed residences incorporate craftsman/bungalow features including low pitched roofs using composition shingle materials.
The proposed architecture features varying entry porch designs that include columns stacked to a pitched canopy with projecting eaves surrounding the porch area.
Tree Removal Findings
1. The approval of the tree permit will not be detrimental to the public health, safety or welfare, and approval of the tree permit is consistent with the provisions of Chapter
17.54 of the Cotati Municipal Code (“CMC”);
2. Measures have been incorporated into the project or permit to mitigate impacts to remaining trees or to replace the trees removed in compliance with CMC Chapter
17.54;
3. The removal of a healthy tree cannot be avoided by:
a. Reasonable redesign of the site plan prior to construction, or b. Trimming, thinning, tree surgery, or other reasonable treatment, as determined by the director;
4. Adequate provisions for drainage, erosion control, land stability, windscreen, buffers along the road and between neighbors have been made where these problems are anticipated as a result of the removal; and
5. The tree to be removed does not contain an active nest that has been identified through the environmental process or is otherwise known to the review authority as the nest of a migratory bird, except where a qualified professional has determined that the nest can be relocated without damage to the nestlings.
Most of the trees to be removed are ornamental orchard trees largely comprised of black and English Walnut. To avoid their removal, significant changes to the site plan would be required that would prevent development of a coherent site plan and likely result in the inability to develop the property at the required minimum density.
Mitigation for removal of the trees will be required per the replacement criteria set forth in CMC Section 17.54.050. As conditioned, the project will need to plant 198 trees. Twelve trees have already been planted on an adjacent property that were requested by a neighboring property owner to preserve their privacy. Therefore, 186 trees will be planted to mitigate the loss of existing trees from construction of the subdivision.
The project is conditioned to protect nesting birds. If construction begins between February 1 and August 31, a pre-construction nesting bird survey shall be performed within seven days of grading. If no nesting birds are observed, no further action is required, and grading must occur within one week of the survey to prevent “take” of individual birds that could begin nesting after the survey. A follow-up survey is required if a stoppage in work occurs for longer than 7 days. If active bird nests (passerine and/or raptor) are observed during the pre‐construction survey, a disturbance‐free buffer zone shall be established around the nest tree(s) until the young have fledged or the nest has naturally failed or been predated, as determined by a qualified biologist.
BE IT FURTHER RESOLVED that the City Council of the City of Cotati does hereby approve Preliminary Design Review, a Vesting Tentative Map, a Hillside Development Permit and a Tree Removal Permit to allow construction of a 35-lot single-family subdivision at 8841 Old Redwood Highway based on the foregoing findings and subject to compliance with all of the Conditions of Approval, identified below:
PLANNING DIVISION
1. The following items shall be submitted to the Design Review Administration for Final Design Review and approval:
A. A Final landscape and irrigation plan in conformance with Chapter 17.34 (Water Efficient Landscape Standards) that includes the following items:
1) Preservation of trees identified as #2, 3, 4, 5, 8, 16, 27, 33, 39 in the Tree Inventory Report, dated December 10, 2021.
2) 36 trees (oak sp.) shall be added to the preliminary landscape plan. If there is insufficient area for the 36 trees based on a professional arborist’s evaluation the Permittee shall pay an in-lieu fee of $125 per tree. 3) Adequate tree protection around preserved trees during construction. 4) Landscape and irrigation plans for plantings shall be submitted at the time of the Improvement Plan submittal package. All landscaping and irrigation shall comply with the City Water Efficient Landscape Ordinance (WELO). Said plan is subject to review and approval by the City Engineer. 5) The landscape plans shall show underground utilities and no trees shall be planted over any existing or proposed underground utilities. 6) Final design and planting details of the bioretention facilities along Old Redwood Highway.
7) The final landscape plans shall include planting details for all BMPs. 8) All required landscaping and irrigation must be installed prior to occupancy per the approved final plans.
B. Details of all fencing, including the sound barrier wall adjacent to Old Redwood Highway.
C. Permittee shall modify Plan 5 to include a larger front porch with a minimum depth of 8 feet.
D. A site plan that identifies the locations of all mechanical equipment, including air conditioning and heating units. All such equipment shall be located outside of all setbacks, shall not interfere with private outdoor patios or porches, and shall be adequately screened from view of the public right-of-way.
E. Plans shall be revised to include the use of color treated/stamped asphalt or other treatment (as determined by the City Engineer) at the intersection of Viking Way and Old Redwood Highway. The treatment should match the pattern found at the intersections of Clothier Lane and Lasker Lane with Old Redwood Highway.
2. Permittee shall pay all applicable impact fees at the time of building permit issuance.
3. Permittee shall work with City staff and the Cotati Historical Society to identify street names that are consistent with Cotati’s practice of naming City streets after historical Cotati individuals and families. Street names shall be approved by the City Council as part of the approval of the Final Map.
4. Noise-generating construction activities, including truck traffic coming to and from the site for any purpose, shall be limited to Monday through Friday 7:00 a.m. to 7:00 p.m. (Cotati Land Use Code Section 17.30.050). After the close-in inspection, interior finish work (e.g., flooring installation, painting, etc.) may be permitted on Saturdays unless the City has previously authorized exterior work. All construction work on Saturdays shall be limited to the hours between 9:00 a.m. to 5:00 p.m. No construction shall be permitted on Sundays or national holidays.
5. The Permittee shall designate a “noise/complaint coordinator,” prior to issuance of a building/grading permit, that will be responsible for responding to any local complaints about construction noise or disturbance. The noise/complaint coordinator shall determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall take prompt action to correct the problem. This designated person shall have his/her name and phone number posted on the site prior to all site work activities.
6. City Council approval and implementation of an inclusionary housing agreement is required prior to recordation of the Final Map. This agreement must specify affordability levels, selection criteria, deed restrictions and that the affordable unit’s ownership structure follows the Housing Land Trust of Sonoma County model (or other cityapproved alternative) and addresses all other elements needed to ensure on-going affordability of the proposed homes. Selection criteria shall give preference to existing Cotati residents.
7. Pursuant to Section 14.04.130 of the Cotati Municipal Code, which amends Section A4.106.8.1 of the California Green Building Standards Code, to accommodate electric vehicle charging for each dwelling the Permittee shall install a listed raceway to accommodate a dedicated 208/240-volt branch circuit and comply with Section A4.106.8.1, Tier 1. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.
8. To ensure the timely construction of the affordable housing units, the Permittee shall construct affordable housing units as follows:
• The first affordable housing unit shall be constructed prior to receiving occupancy for the 15th market rate unit.
• The second affordable unit shall be constructed prior to receiving occupancy for the 20th market rate unit.
• The third affordable unit shall be constructed prior to receiving occupancy for the 25th market rate unit.
• The 4th and 5th affordable units shall be constructed prior to receiving occupancy for the 30th market rate unit.
PUBLIC WORKS & ENGINEERING DEPARTMENT
Real Property
9. Please provide a current (within the last 3 months) Preliminary Title Report (including the grant deed and title items) and show all existing easements and other relevant title items on the Site Plan and other plans as appropriate.
10. 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.
Improvement Plans
11. The developer shall prepare and submit improvement plans for the construction of all public improvements including water, sanitary sewer, storm drain facilities, roadway improvements, curbs, gutters, detached sidewalks, parkway strips, signing, striping, streetlights and demolition showing all items to be removed such as buildings, well system, septic system, etc. All easements shall be clearly indicated and described. An erosion control plan shall be included. All design and construction shall conform to the latest edition of the City of Cotati Design and Construction Standards. The submittal shall include an Engineer’s Estimate for the public improvements.
12. All plan sets submitted for improvement plans and the Final Map shall have a sheet printed with all conditions of approval written herein.
13. The Improvement Plans shall include an approval line for the Geotechnical Engineer to sign off on the plans based on their Geotechnical Investigation Report.
14. Improvement Plans must be approved and signed by the City Engineer, Community Development Director, Police Chief and Rancho Adobe Fire District prior to the issuance of an Encroachment Permit, Grading Permit or Building Permit.
15. The Permittee shall enter into a deposit agreement with the City to assure all City project review and inspection costs are reimbursed by the project proponent. A plan check and inspection fee deposit shall be paid prior to the signature of the Improvement Plans.
16. A Construction General Permit is required from the State Water Board if construction activity results in a land disturbance of one acre or more. Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation. The Construction General Permit requires the development of a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD).
17. Mailbox plans and locations shall be approved by the Cotati Postmaster prior to Improvement Plan approval. The developer shall provide a letter and exhibit showing mailbox locations from the Cotati Postmaster approving mailbox locations.
18. Existing curb, gutter and sidewalks along the project frontage that are in disrepair shall be removed and replaced as part of the improvements for this project. All existing nonconforming pedestrian ramps and driveway approaches shall be brought up to current accessibility standards, as determined by the City Engineer.
19. Deviations from City Standards shall require the approval by the City Engineer. The Permittee’s engineer shall request all design exceptions in writing.
20. Project benchmark shall be based on a City approved USGS benchmark.
21. A “dry” Utility Plan shall be submitted for review and approval by the City Engineer, prior to Improvement Plans approval.
22. Submit a Storm Water Determination Worksheet, and assuming Low Impact Development (LID) requirements are triggered, prepare and submit an Initial SWLIDS along with a Completeness Checklist, pursuant to the City of Santa Rosa LID Manual, 2017 Storm Water Technical Design Manual Narrative. These resources can be found at the following link: https://srcity.org/1255/Low-Impact-Development.
23. Developer shall follow recommendations provided in Geotechnical Investigation Report.
24. An Encroachment Permit is required for all improvements, work activities, and staging or storage of equipment and materials within the public right-of-way subject to the approval of the Director of Public Works / City Engineer.
Information on our Encroachment Permit process can be found at:
http://www.cotaticity.org/city_hall/departments/public_works_and_engineering/ encroachments.
25. If the project involves movement of greater than 50CY, a Grading Permit is required prior to commencement of earthwork. Information on the Grading Permit application can be found at:
https://www.codepublishing.com/CA/Cotati/#!lCotati14/Cotati1434.html#_14.34. 050.
26. Required Improvement Plan Notes:
a. "Any excess materials shall be considered the property of the contractor and shall be disposed of away from the job side in accordance with applicable local, state and federal regulations."
b. "All existing overhead utilities (of 26,000 volts or less) and proposed utilities, both on-site and along project frontages, shall be placed underground. This does not include surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, which are required to be screened by means acceptable to the City." c. "If hazardous materials are encountered during construction, the contractor will halt construction immediately, notify the City of Cotati, and implement remediation (as directed by the City or its agent) in accordance with any requirements of the North Coast Regional Water Quality Control Board."
d. "The contractor(s) shall be required to maintain traffic flow on affected roadways during non-working hours, and to minimize traffic restriction during construction.
The contractor shall be required to follow traffic safety measures in accordance with the Cal Trans “Manual of Traffic Safety Controls for Construction and Maintenance Work Zones.” The City of Cotati emergency service providers shall be notified of proposed construction scheduled by the contractor(s). The project specifications shall require that the contractor(s) notify emergency service providers in writing at least 24 hours in advance of its proposed schedule of work. A Traffic Handling Plan shall be provided to the City for City Engineer approval prior to any work occurring within the public right of way."
e. The following notes shall be added to the cover of the plans in bold.
IMPORTANT NOTICE TO DEVELOPER AND ALL CONTRACTORS:
Utility joint trench location shall be field staked and approved by the City PRIOR TO INITIATION OF ANY TRENCHING. This required approval by the City is independent of any authorization granted by the Utility Company, the Developer and/or Contractor. Trench locations within the tree protection zones of any protected trees may not be approved by the City. The City's inspector may require consultation by the City's arborist prior to approval of trench location. Failure to comply with these requirements may result in an immediate order to stop work, as well as incurrence of civil penalties as provided by City Ordinance.
NOTE: Soil shall not be treated with lime or other cementitious material without prior express permission by the City Engineer.
Frontage & Roadway Improvements
27. The Improvement Plans shall include street profiles, typical street sections and calculations for the street design. Said plan shall incorporate the findings and recommendations from the approved Soils Report for the pavement design and the approved Traffic Study. The proposed T.I. shall be submitted to the City Engineer for review and approval.
28. The structural section of all road improvements shall be designed using a soil investigation which provides the basement soils R-value and expansion pressure test results. If no R-value tests are supplied, roadway structural sections shall be designed using an R-value of 5.0. A copy of a soils report and structural section calculations shall also be submitted with the first Improvement Plan check.
29. Ramps for disabled persons shall be provided at all intersections and crosswalks where sidewalks are proposed.
30. Sidewalk widths shall be provided to allow a clear five-foot walkway at all locations, including but not limited to areas where mailboxes, streetlights, street signs and fire hydrants are to be installed.
31. One-inch chases shall be installed to all parkway strips from adjacent parcels to allow for the installation of irrigation lines.
32. Viking Way shall be designed as a “Neighborhood” street in accordance with Cotati standard 102, with a curb-to-curb width of 30-feet with parking on both sides. Right-ofway shall be dedicated to a width of 56-feet together with 5-foot PUE’s on both sides of the right-of-way. The cul-de-sac at the end of Viking Way shall be designed in accordance with Cotati standard 108A.
33. Longship Lane shall be designed as a “Neighborhood” street in accordance with Cotati standard 102, with a curb-to-curb width of 30-feet with parking on both sides. Right-ofway shall be dedicated to a width of 56-feet together with 5-foot PUE’s on both sides of the right-of-way.
34. Upon completion of improvements to Old Redwood Highway, the entire width along project frontage shall be slurry sealed and restriped.
Lighting, Signing and Striping Plan
35. Streetlights shall be City Standard Decorative type or approved equal. Developer shall provide additional streetlights for replacement purposes (5% of total or as otherwise approved).
36. Plans shall be subject to the review and approval of the City Engineer and the Police Chief. A photometric plan for the project site shall be submitted to the City Engineer for review and approval.
37. Striping, pavement markings and traffic signage shall be provided on all streets as necessary and as required by the City Engineer. Signage restricting parking and red painted curbing shall be installed where appropriate. Speed limit signs shall be installed at locations determined by the City Engineer.
Drainage Improvements
38. All project related flooding impacts shall be mitigated by the project developer. Drainage improvements shall be designed by a Civil Engineer registered in the State of California in accordance with the Sonoma County Water Agency’s Flood Control Design Criteria.
Public and private drainage improvements (including Storm Water Management Plans) shall be shown on the improvement plans and shall be submitted to and approved by the City of Cotati and/or Sonoma County Water Agency (SCWA) prior to approval by the City Engineer.
39. Plans and engineer of record certifications shall be provided by the developer to demonstrate compliance of all improvements, including building pads and finished floor elevations, with the City’s Flood Plain Ordinance, to the satisfaction of the Building Official and City Engineer. Pad elevations shall be constructed at a minimum of 1 foot above the 100-year Floodplain / Hydraulic Grade Line as determined by the City and certified by the project engineer.
40. 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 (LID) Technical Design Manual. Prior to approval of the improvement plans, the Permittee shall submit a Final Storm Water Low Impact Development Plan (FSWLID) subject to review and approval by the City Engineer. The plan shall include postconstruction storm water treatment and peak reduction measures and shall address maintenance of private and/or public storm water facilities. The FSWLID shall be approved by the City Engineer prior to issuance of the grading permit.
Also include 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.
41. Prior to approval of improvement plans and issuance of any Permits the Permittee/developer shall submit a Declaration of Covenants Regarding Maintenance of Storm Water Best Management Practices (BMP) Facilities. The Permittee/developer shall obtain the City’s review and approval of the said Declaration and record with the Sonoma County Recorder against the parcel prior to approval of the Grading/Building permit or issuance of Certificate of Occupancy permit, timing subject to the discretion of the City Engineer. The planter and landscape strips adjacent to public streets shall be included in the Declaration and be maintained by the private property owner(s), subject to review and approval by the City Engineer.
Grading Improvements
42. The developer’s engineer shall include a site-grading plan prepared by a Civil Engineer registered in the State of California as part of the required improvement drawings. Lots shall be generally designed to drain to the street, unless otherwise approved in the interest of tree preservation or other unusual circumstances.
43. The grading plan shall clearly show all survey monuments and property corners and shall state that they shall be protected and preserved. Should monuments be damaged or destroyed during construction, they shall be replaced by the developer.
44. The Permittee shall submit to the City for review and approval, a detailed Soils Report/Geotechnical Investigation prepared by a Civil Engineer registered in the State of California and qualified to perform soils work. The grading plan shall incorporate the recommendations of the approved Soils Report and be signed by the project Geotechnical Engineer.
45. Where soil or geologic conditions encountered during grading operations that are different from those anticipated in the Soils Report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of land slippage, erosion, settlement, and seismic activity.
46. All existing wells, septic tanks and/or underground fuel storage tanks shall be abandoned under permit and inspection of Sonoma County Environmental Health or other designated agency. If there are none, the project engineer shall provide a letter describing the scope of the search done to make this determination.
47. 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.
Utility Improvements
48. All existing overhead utilities (of 26,000 volts or less) and proposed utilities, both on-site and along project frontages, shall be placed underground. All proposed utilities are to be placed underground per Chapter 17.30.100 of the City’s Municipal Code.
Sanitary Sewer and Water Improvements
49. The Permittee shall submit for City review and approval the domestic water use calculations and meter sizing. Water use calculations shall compare the estimated water use to the water use attributed to the area by the 2010 Water Master Plan.
50. The Permittee shall submit for City review and approval the sanitary sewer use study.
The study shall present expected sewer flow generation, a comparison of the expected sewer flows to what was attributed to the area by the 2011 Sewer Master Plan.
51. The Permittee shall verify water pressure at highest point of the project is sufficient to accommodate the household and fire sprinklers.
52. Prior to issuance of a building permit, the Permittee shall obtain a letter from the City of Santa Rosa stating their requirements for a sewer use permit have been satisfied.
53. All private storm drain, potable water, fire service and sanitary sewer mains, laterals, and appurtenances, must be located within the private property and clearly identified as private on the design drawings.
54. All irrigation water mains, service laterals, plumbing, valves, pipes, appurtenances, irrigation parts, vaults and boxes must be purple.
Permit Requirements
55. Provide evidence that a Notice of Intent has been submitted and received by the North Coast Regional Water Quality 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 issuance of a grading permit, encroachment permit or building permit.
56. It is Permittee’s responsibility to obtain and provide proof of all permits necessary from other local, state and federal agencies. Permittee shall provide evidence of these permits at the time of grading plan submittal.
Subdivision Agreement
57. Prior to approval of the Final Map the developer shall either complete required construction as shown on the signed improvement plans or enter into an improvement agreement and post a security with the City of Cotati, agreeing to complete the required construction within 24 months of grading permit issuance and prior to a request for occupancy of any structures, or as otherwise established by the City Engineer.
Grading Permit
Prior to Issuance of a Grading Permit the following Conditions shall apply:
58. The Improvement Plans shall be approved by the City Engineer.
59. Permittee shall submit of copies of required permits and/or agreements from all applicable resource agencies.
Encroachment Permit
Prior to Issuance of an Encroachment Permit the following Conditions shall apply:
60. A Traffic Control and Work Plan shall be submitted to the City Engineer for review and approval. At a minimum, the Traffic Control Plan shall address ingress and egress, haul route, flagging, and maintenance of the road and identifies a staging area. The plan shall be reviewed and approved by the Chief of Police and the Planning Department prior to the start of any sitework.
61. An Encroachment Permit shall be required prior to performing work on public utilities or work within public rights-of-way or public easements.
Construction operations
During Construction Operations the Following Conditions Shall Apply:
62. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period, as found necessary by the City Engineer.
63. The developer shall be responsible for all damage to existing City streets during construction and shall repair all damaged facilities at no cost to the City.
64. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Sonoma County Environmental Health Department, the Fire District the Police Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.
65. During construction, the Contractor shall be responsible for controlling noise, odors, dust and debris to minimize impacts on surrounding properties and roadways. Contractor shall be responsible that all construction equipment is equipped with manufacturers approved muffler’s baffles in compliance with all City codes relating to noise and idling equipment. City Code includes but is not limited to section 17.30.050. Failure to do so may result in the issuance of an order to stop work.
66. If grading is to take place between October 15 and April 15, both temporary and permanent erosion control measures, conforming to the project erosion control plans shall be in place before October 1st. Erosion control measures shall be monitored and maintained continuously throughout the storm season.
67. The following minimum Best Management Practices (BMPs) shall be required during construction:
a. Construction crews shall be instructed in preventing and minimizing pollution on the job.
b. Stabilize construction entrance/exit to prevent tracking onto roadway. Only one stabilized construction entrance/exit will be allowed per site. Vehicles entering and leaving construction sites spread pollutants such as sediment, gravel, and other loose particles onto adjacent roads. Pollutants are washed into roadside ditches and are a nuisance to drivers and may cause damage to vehicles.
c. Protect exposed slopes from erosion through preventative measures. Cover slopes to avoid contact with storm water by hydro-seeding, mulch, use of plastic sheeting or other approved means.
d. Use brooms and shovels, when possible, to maintain a clean site. Use of a hose is not recommended. Introducing water as a cleanup method adds to water pollution. e. Designate a concrete washout area, if needed, to avoid wash water from concrete tools or trucks from entering storm drain systems. Maintain washout area and dispose of concrete waste on a regular basis.
f. Establish a vehicle storage, maintenance, and refueling area, if needed, to minimize the spread of oil, gas, and engine fluids. Use of oil pans under stationary vehicles is strongly recommended.
g. Protect drain inlets from receiving polluted storm water through the use of filters such as fabrics, gravel bags or straw wattles.
h. Be prepared for rain and have the necessary materials onsite before the rainy season. i. Inspect all BMPs before and after each storm event. Maintain BMPs on a regular basis and replace them as necessary, through the entire course of construction.
68. In the event that any cultural resources are uncovered during earthmoving activities, all construction excavation activities would be suspended for a period to be determined by a City-approved archaeologist to allow for adequate inspection, recommendation and retrieval, if appropriate.
69. In the event that human remains are uncovered during earthmoving activities, all construction excavation activities shall be suspended, and the following measures shall be undertaken:
a. The Sonoma County Coroner shall be contacted.
b. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. c. The project sponsor shall retain a City-approved qualified archaeologist to provide adequate inspection, recommendations and retrieval, if appropriate. d. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American and shall contact such descendant in accordance with state law. e. The project sponsor shall be responsible for ensuring that human remains and associated grave goods are reburied with appropriate dignity at a place and process suitable to the most likely descendent.
Acceptance of Public Improvements and Bond Exoneration
Prior to Acceptance of Public Improvements and Bond Exoneration, the Following Conditions of Approval Shall Be Satisfied:
70. All improvements shown on the Improvement Plans shall be completed and accepted by the City.
71. Prior to acceptance of improvements or occupancy of buildings, existing curb, gutter and sidewalk to remain shall be inspected by the City. Any curb, gutter and sidewalk which is not in accord with City standards or is damaged before or during construction, shall be replaced.
72. The developer shall provide a written statement signed by his or her engineer verifying that the grading and/or drainage improvements are completed in accordance with the plans approved by the City Engineer, and the Building Official.
73. A complete set of As-Built or Record improvement plans showing all constructive changes from the original plans, shall be provided to the Public Works Department prior to final acceptance of the public improvements.
BUILDING DEPARTMENT
74. Single family dwellings may be constructed under the regulations of the current California Residential or Building code.
75. Provide complete structural plans and calculations coordinated with the architectural plans.
76. Provide complete and registered Title 24 Energy Documentation for Lighting, Building envelope, heating, and cooling.
77. A current Geotechnical Report is required or an updated report to confirm or amend the previously issued report. The report shall provide design recommendations based upon the engineer’s findings and shall comply with CBC Section 1803. [§107.2 CBC]
78. The project is required to comply with current CALGreen requirements. A certified CalGreen Inspector is required to review the plans and provide inspections to confirm compliance. The worksheets are to be printed on plan sheets in the plan set.
79. Before approval of the foundation inspection: A licensed Land Surveyor or Civil Engineer with proper certification shall conduct a survey of the (front, sides, rear, all) property lines and install property line markers that can be readily verified by Building Inspection staff to verify setbacks and submit a written (stamped) confirmation to the Building Department that the staking of the property lines has been completed.
80. The project is required to conform to current building codes. The current codes are 2022 California Building Code (CBC), 2022 California Residential Code (CRC), 2022 California Electrical Code (CEC), 2022 California Mechanical Code (CMC), 2022 California Plumbing Code (CPC), 2022 California Energy Efficiency Standards Code (CEES), 2022 California Fire Code (CFC), 2022 California Green Building Standards Code (CGBS or CALGreen).
81. The project requires a grading permit. Provide complete grading plans for the sited and each parcel. Provide cut and fill calculations. The project Soils Engineer shall confirm that the grading plans, foundation plans, and associated details and specifications have been reviewed and that it has been determined that the recommendations in the soil report are properly incorporated in the plans. [ 1803.6 CBC]
82. Indicate the location and route of connections to public utilities for water and sewer and electric. No part of these systems shall be located on or cross over any lot other than the lot that is the subject of this permit application, unless plans clearly show a legally dedicated easement for such purpose.
83. Provide complete architectural plans that identifies the use of all spaces and section drawings in both directions. Floor, section, and elevations plans shall show room and floor to ceiling dimensions.
84. Provide in the plan set a sheet with all Conditions of Approval from all departments.
RANCHO ADOBE FIRE PROTECTION DISTRICT
85. AFSS required. Approved automatic fire sprinkler systems in new buildings and structures shall be provided in locations described in this section. Additional local requirements are described in Section 903.2.1 through 903.2.19.1.2 and may supersede the following requirements. The most restrictive requirements shall apply. CFC 903.
Installation of the fire sprinkler system requires approved plans and permit from the RAFPD Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with plans, cut sheets and calculations.
86. Fire Alarm System and/or smoke alarms are required. Where required in new buildings (or modifications). An approved fire alarm system shall be installed in accordance with the provisions of the California Fire Code and NFPA-72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provided occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code. Installation of the fire alarm 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.
87. Fire Department Access. Fire Apparatus Access Roads shall be constructed and provided prior to construction of any buildings on the site. Fire apparatus access roads shall be maintained for fire department operations at all times during the construction process.
Closure or changes of fire apparatus access roads shall be reviewed and approved by the Rancho Adobe Fire Protection District prior to closure or changes. CFC 503 and Appendix D.
A) Fire apparatus access roads shall be constructed and maintained per the requirements of CFC D102.1 or submit for a written request for approval for alternate materials and methods (specifically for the use of turf pavers).
Delineation between alternate materials (turf pavers) and natural vegetation shall be provided where alternate materials and methods are approved. Roads shall be capable of supporting fire apparatus weighing 75,000 pounds.
B) Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet exclusive of shoulders. CFC D103.1.
C) Fire apparatus access roads shall not exceed 10 percent in grade. Exception:
grades steeper than 10 percent as approved by the fire code official. CFC D103.2.
D) The minimum turning radius shall be determined by the fire code official. CFC D103.3.
E) Fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4.
F) Gates securing the fire apparatus roads shall comply with CFC D103.5 and as approved by the fire code official.
88. Aerial Fire Apparatus Roads. Where the vertical distance between grade plane and the eave of a pitched roof or top of a parapet wall exceeds 30 feet, an approved aerial apparatus access road shall be provided. The width be at least 26 feet, one or more of routes shall be located not less than 15 feet and not greater than 30 feet from the building and shall be parallel to one entire side of the building. The side of the building chosen shall be approved by the fire code official. CFC D105.
89. Fire Flow Analysis. The fire flow analysis shall be updated to reflect the currently adopted edition of the California Fire Code upon submittal of construction documents for all new construction.
90. Fire Hydrants. All required fire hydrants shall be installed, maintained and accepted by the Fire Prevention Bureau prior to loading of any combustibles on site or construction of the building. CFC Appendix D.
91. Key Boxes. 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 a permit from 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 CFC Section 506.
92. Building Addressing. 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 Fire Department Standards. CFC 505.
CEQA/ENVIRONMENTAL
The environmental review concludes that the project, through the implementation of mitigating policies and actions in the 2013 General Plan and the uniformly applied regulations of Federal, State, and Local governments, would not result in environmental Impacts. To support this conclusion, the following conditions of approval are required to ensure implementation of applicable mitigation measures and policies set forth in the 2013 General Plan EIR. Some of the following mitigation measures may be the same as or similar to other conditions of approval, but are cited here again to conform to the environmental analysis document.
93. AES-1: The Permittee shall submit a final lighting plan in compliance with Municipal Code Section 17.30.060 for review and approval by the Community Development Director prior to issuance of a building permit.
94. AES-2: The Permittee shall submit a final landscaping plan for review and approval by the Community Development Director prior to issuance of a building permit.
95. AQ-1: During any construction period ground disturbance, the following dust control and exhaust measures shall be implemented:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
• All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• Idling times shall be minimized either by 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]). Clear signage shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • Post a publicly visible sign with the telephone number and person to contact 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.
96. AQ-2: During construction activities, contractors shall use construction equipment that has low diesel particulate matter exhaust to minimize emissions and limit use of dieselpowered equipment. The Project shall implement a plan to reduce diesel-powered machinery (DPM) emissions by as much as possible through one or both of the following:
A. All construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 emission standards for particulate matter (PM10 and PM2.5), if feasible. If use of Tier 4 equipment is not available, alternatively use equipment that meets U.S. EPA emission standards for Tier 2 or 3 engines and include particulate matter emissions control equivalent to CARB Level 3 verifiable diesel emission control devices that altogether achieve a reduction in particulate matter exhaust in comparison to uncontrolled equipment; alternatively (or in combination).
B. Develop a Construction Operations Plan demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter. Such a plan shall be approved by the City prior to commencement of ground-disturbing activities and may be subject to review by an air quality expert. Elements of the plan could include a combination of some or all of the following measures:
• Use equipment that meets EPA Tier 4 standards or alternatively fueled equipment.
• Install electric power lines during early construction phases to avoid use of diesel generators and compressors.
• Use electrically powered equipment.
• Use forklifts and aerial lifts for exterior and interior building construction that are electric or propane/natural gas powered.
• Change construction build-out plans to lengthen phases. • Implement building techniques that result in the use of less diesel-powered equipment.
97. BIO-1: To ensure that the Project does not result in the take of CTS, the following measures shall be implemented:
A. A Section 2081 Incidental Take Permit (ITP) from CDFW is required, along with avoidance measures prescribed in the 2020 Programmatic Biological Opinion (PBO) for CTS (USACE, 2020). Should Impacts to the ditch along Old Redwood Highway be necessary, formal consultation through the 2020 PBO would also be required. If no federal nexus exists, the Permittee may pursue a concurrence determination from USFWS with the 2081 ITP.
B. A USFWS and CDFW approved biological monitor shall conduct a training session for all construction workers before work begins. The biological monitor will be present on‐site during excavation activity, and each morning when an open trench is uncovered to check for trapped animals or animals under equipment. The biological monitor will check all excavated steep‐walled holes or trenches greater than one foot deep for any CTS.
C. In the event that CTS are found on site, construction work shall be halted immediately and the USFWS and/or CDFW contacted. Only a USFWS CTS recovery permit holder may relocate CTS. Translocation shall be performed as described in USFWS 2005 protocol to a location outside the Project Site, as directed by USFWS or CDFW.
D. Fencing to exclude CTS shall be installed between the grasslands and the construction footprint. The biological monitor shall verify that appropriate exclusion fencing is utilized and that it is installed properly and maintained throughout the duration of construction.
E. Site access routes and the number and size of staging and work areas shall be limited to the minimum necessary to achieve the project goals. Clearly mark routes and boundaries of the roadwork shall be installed prior to initiation construction/site disturbance.
F. All foods and food‐related trash items shall be enclosed in sealed trash containers at the end of each day and removed completely from the site once every three days.
G. No pets shall be allowed anywhere in the Project site during construction.
H. Maintain all equipment such that there will be no leaks of automotive fluids such as gasoline, oils, or solvents.
I. Any hazardous materials such as fuels, oils, solvents, etc., shall be stored in sealable containers in a designated location that is at least 200 feet from aquatic habitats. All fueling and maintenance of vehicles and other equipment, and staging areas shall occur at least 200 feet from the seasonal wetland located along Old Redwood Highway.
J. Grading and clearing shall be conducted between June 15 and October 15, of any given year, depending on the level of rainfall and/or site conditions.
K. Project areas temporarily disturbed by construction activities shall be revegetated with native plants.
98. BIO-2: A Section 2081 ITP from CDFW shall be obtained and applicable avoidance measures prescribed in the 2020 PBO for CTS shall be implemented(USACE, 2020).
Should impacts to the roadside ditch be necessary, formal consultation through the 2020 PBO would also be required. If no federal nexus exists, the Permittee may pursue a concurrence determination from USFWS with the 2081 ITP.
99. BIO-3: In order to replace the loss of 6.2 acres of CTS upland habitat the Permittee shall secure suitable replacement lands at a 1:1 ratio at either an approved CDFW conservation bank or through the acquisition of CDFW approved permitted‐responsible mitigation lands elsewhere on the Santa Rosa Plain.
100. BIO-4: To prevent impacts to nesting birds, the following avoidance and minimization measures shall be followed:
• If construction begins between February 1 and August 31, a pre‐construction nesting bird (both passerine and raptor) survey of the habitats within 500 feet of all work areas shall be performed within 7 days of groundbreaking. If no nesting birds are observed, no further action is required, and grading must occur within one week of the survey to prevent “take” of individual birds that could begin nesting after the survey. A follow-up survey is required if a stoppage in work occurs for longer than 7 days between February 1 and July 1.
• If active bird nests (passerine and/or raptor) are observed during the pre‐construction survey, a disturbance‐free buffer zone shall be established around the nest tree(s) until the young have fledged or the nest has naturally failed or been predated, as determined by a qualified biologist. The radius of the required buffer zone can vary depending on the species, with the dimension of any required buffer zone to be determined by a qualified biologist.
• To delineate the “no‐work” buffer zone around a nesting tree, orange construction fencing must be placed at the specified radius from the base of the tree within which no construction related activity or machinery shall intrude. 101. BIO-5: If any work occurs between September 1 and January 31, a qualified biologist shall follow the California a Department of Fish and Game (now CDFW) 2012 Staff Report on Burrowing Owl Mitigation (CDFW 2012 Staff Report) habitat assessment and survey methodology prior to Project activities occurring. The habitat assessment and surveys shall encompass a sufficient buffer zone to detect owls nearby that may be impacted. Time lapses between surveys or Project activities shall trigger subsequent surveys, as determined by a qualified biologist, including but not limited to a final survey within 24 hours prior to ground disturbance and before construction equipment mobilizes to the Project area. The qualified biologist shall have a minimum of two years of experience implementing the CDFW 2012 Staff Report survey methodology resulting in detections. Detected burrowing owls shall be avoided pursuant to the buffer zone prescribed in the CDFW 2012 Staff Report, unless otherwise approved in writing by CDFW, and any eviction plan shall be subject to CDFW review. 102. BIO-6: Prior to demolition of existing structures and trees, the biologist shall perform bat roost emergence surveys no more than 7 days prior to the start of activities outside of the hibernation period (November 1 to March 1). If bats are found, a bat exclusion plan shall be prepared and submitted to CDFW to include the following:
• Bats shall be excluded between March 1 (once overnight low temperatures exceed 45 degrees Fahrenheit) and April 15, or between September 1 and October 15 to ensure no impact to maternity roosting occurs. Once bats have been fully excluded, the structure may be demolished or removed.
• If a maternity roost is found, a replacement roost must be established either on‐site or at a nearby off‐site at a permanently protected location in consultation with CDFW.
• Tree removal for trees greater than 16‐inch dbh shall be performed using the three‐step removal process. First the crown or upper 1/3 of the tree shall be removed and any limbs removed and left overnight. Next, the rest of the tree shall be felled and left overnight. On the third day, the biologist shall examine the felled tree to make sure any bats have escaped prior to chipping on‐site or hauling to an off‐site location for disposal.
103. BIO-7: Pre‐construction surveys for American badger shall be performed within 10 days prior to the start of construction activities. If a potential den is found, a minimum 100‐foot buffer shall be established around the potential den. The den shall be monitored using wildlife cameras or track plates to confirm the animal has left the area of its own accord.
Following confirmation by the biologist the potential den is no longer active, it may be excavated by hand under the direction of the biologist and the buffer removed. 104. BIO-8: During construction an exclusion fence shall be placed around the seasonal wetland to avoid impacts during construction. Because the Project will likely require a small amount of fill and/or removal and replacement of the existing culvert, during road improvements, both a Clean Water Act Section 404 Nationwide permit application must be submitted to the USACE, and a Section 401 Water Quality Certification application must be submitted to the RWQCB prior to the commencement of construction. 105. BIO-9: Compensatory replacement for any impacts to the seasonal wetland shall be required at a minimum 1:1 ratio through purchase of wetland mitigation bank credits or through permittee-responsible mitigation either on or off-site. 106. BIO-10:Prior to any site preparation, grading, or construction, the Permittee and contractors shall implement the conditions of the Tree Permit. 107. CUL-1: In the event that cultural resources or human remains are inadvertently discovered during ground disturbing activities, the following conditions shall apply:
• If construction or grading activities result in the discovery of significant historic or prehistoric archaeological artifacts or unique paleontological resources, all work within 100 feet of the discovery shall cease, the Community Development Department shall be notified, the resources shall be examined by a qualified archaeologist, paleontologist, or historian for appropriate protection and preservation measures; and work may only resume when appropriate protections are in place and have been approved by the Community Development Department. • If human remains are discovered during any ground disturbing activity, work shall stop until the Community Development Department and the County Coroner have been contacted; if the human remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) and the most likely descendants have been consulted; and work may only resume when appropriate measures have been taken and approved by the Community Development Department.
• If construction or grading activities result in the discovery of significant historic or prehistoric archaeological artifacts or unique paleontological resources, all work within 100 feet of the discovery shall cease, the Community Development Department shall be notified, the resources shall be examined by a qualified archaeologist, paleontologist, or historian for appropriate protection and preservation measures; and work may only resume when appropriate protections are in place and have been approved by the Community Development Department. • If human remains are discovered during any ground disturbing activity, work shall stop until the Community Development Department and the County Coroner have been contacted; if the human remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) and the most likely descendants have been consulted; and work may only resume when appropriate measures have been taken and approved by the Community Development Department.
108. GEO-1: All design-level recommendations from the Soil Report shall be incorporated into the Project design, construction documents and improvement plans, or as otherwise determined by the City Engineer and/or Chief Building Official. The Project’s geotechnical engineer shall inspect the construction work and shall certify to the City, prior to issuance of a certificate of occupancy, that the improvements have been constructed in accordance with the soil investigation report. 109. GEO-2: Upon completion of grading planting shall be done as soon as practicable. Prior to issuance of a certificate of occupancy, the City shall verify that the Permittee has appropriately installed all plants consistent with the approved final landscaping plan. 110. GHG-1: The Project shall not install any natural gas appliances or natural gas plumbing.
Prior to issuance of a building permit, final engineered plans shall be submitted and reviewed for compliance.
111. GHG-2: Prior to issuance of a building permit, final engineered plans shall be submitted by the Permittee demonstrating inclusion of electrical vehicle charging at each residence in compliance with CalGreen Tier 2 (A4.106.8) and verified for compliance by the City. 112. HAZ-1: To avoid potential impacts related to the release of asbestos-containing materials or lead-based paint, an asbestos survey adhering to sampling protocols outlined by the Asbestos Hazard Emergency Response Act (AHERA) a lead-based paint screening shall be conducted prior to demolition of the existing structures. In the event that such substances are found, the Permittee shall be subject to requirements set forth by the Occupational Safety and Health Administration (OSHA) AHERA requirements, lead standard contained in 29 CFR 1910.1025 and 1926.62, and any other local, state, or federal regulations. Treatment, handling, and disposal of these materials shall adhere to all requirements established by OSHA and other agencies. 113. HAZ-2: Prior to issuance of the building permit, soil testing around the former agricultural use areas shall be tested for nitrates. If elevated levels of nitrates are found, the Permittee shall prepare and submit a remediation plan for review and acceptance by the City. Once accepted, the remediation plan shall be carried out by the Permittee and remediation documentation submitted to the City upon completion and prior to issuance of occupancy.
114. HYD-1: The Permittee shall submit a Storm Water Prevention and Pollution Plan (SWPPP) approved by the Regional Water Quality Control Board for approval by the City Engineer prior to the issuance of a building permit. The SWPPP shall include Best Management Practices for construction activities as well as accounting for any BMPs required for operational activities. The SWPPP shall incorporate the requirements of all applicable federal, state, and local regulations including the City of Cotati Municipal Code Chapter 13.68 Storm Water Ordinance and Chapter 14.36 Erosion and Sediment Control.
115. HYD-2: The Permittee shall submit a final Stormwater Low Impact Development and Stormwater Mitigation Plan for review and approval by the City Engineer prior to issuance of the building permit.
116. NOI-1: Construction-related noise and vibration impacts shall be attenuated through implementation of the following best management practices (BMPs) for control of construction noise:
• Noise-generating construction activities, including truck traffic coming to and from the construction site for any purpose, shall be limited to between the hours of 7:00 am and 7:00 pm on weekdays and 9:00 am and 5:00 pm on Saturdays. No construction shall occur on Sundays or holidays.
• All equipment driven by internal combustion engines shall be equipped with mufflers, which are in good condition and appropriate for the equipment. • The construction contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists. • At all times during project grading and construction, stationary noise-‐generating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from residences. • Unnecessary idling of internal combustion engines shall be prohibited. • Construction staging areas shall be established at locations that will create the greatest distance between the construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. • Neighbors located adjacent to the construction site shall be notified of the construction schedule in writing.
• The construction contractor shall designate a “noise disturbance coordinator” who will be responsible for responding to any local complaints about construction noise.
The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and institute reasonable measures as warranted to correct the problem. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site.
117. NOI-2: Prior to issuance of the building permit, the Permittee shall submit final design plans that specify the noise attenuation measures along with an analysis documenting that the measures taken reduce interior and exterior noise to 65 dBA Ldn during the day and interior noise levels of no more than 45 dBa Ldn at night (with the windows closed) for all homes proposed for construction. This may be achieved through implementation of the recommendations of the RGD Acoustics Noise Study (e.g. installation of the sixfoot-tall soundwall) and/or through installation of sound-rated doors or windows as appropriate, and/or the installation of air conditioning or mechanical ventilation systems in compliance with Municipal Code Section 17.30.050(D)(5). 118. REC-1: The Permittee shall either dedicate 0.54 acres of parkland or pay the in-lieu fee in compliance with 17.76.030(B)(1). The Permittee shall pay the fee prior to issuance of the building permit.
119. TRA-1: Final design and landscaping plans shall be submitted and show compliance with Municipal Code Section 17.30.040(c)(2). Final landscaping plans shall include the specific plants that will be placed in the traffic safety visibility area and their maximum projected height which shall be no taller than 36 inches except for trees with their canopy trimmed to a minimum of eight feet above grade.
120. TRA-2: Prior to issuance of the building permit, the Permittee shall pay a traffic impact fee to be calculated by the City Engineer in compliance with Municipal Code Chapter
4.10.020.
121. TRA-3: Prior to issuance of a building permit, the Permittee shall provide a final civil improvements plan that includes the striping of a crosswalk and installation of a stop sign at the intersection of the access road (Viking Way) and Old Redwood Highway. 122. UTI-1: The Permittee shall provide a final landscaping plan that includes the installation of drought tolerant native vegetation that will be planted in compliance with the Water Efficient Landscaping Ordinance.
123. UTI -2: The Permittee shall prepare a draft Subdivision Improvement Agreement (SIA) and Subdivision Improvement Plan (SIP) that shall be approved by the City Engineer and a final SIA and SIP shall be signed prior to issuance of the Building Permit. Additionally, the Permittee shall submit an application to request that the site be annexed into the Community Facilities District (CFD) and shall receive approval prior to commencing construction.
124. WF-1: The Permittee shall implement the following Best Management Practices identified by the Sonoma County Multijurisdictional Hazard Mitigation Plan or as otherwise accepted by the Building Official/RAFPD:
1. Contractor(s) shall use fire-resistant building materials not limited to Class A Fire Resistant Roofing.
2. Permittee shall provide a long-term fire safety maintenance plan that shall be reviewed and approved by the Rancho Adobe Fire Protection District prior to issuance of a building permit. Once approved, the required actions shall be recorded on the deed of each property. Actions may include:
a. Homeowners shall maintain landscaping for fire safety including the clearing of overgrown brush and/or dead brush prior to the start of fire season.
b. Homeowners shall maintain adequate defensible space around structures.
ADDED AT PLANNING COMMISSION MEETING (12/04/2023)
125. As a part of Final Design Review, Permittee shall reduce the proposed height of Plan 5 from 29 feet to 28 feet.
126. As a part of Final Design Review, Permittee shall increase the size of Lot 34 to a minimum of 6,000 square feet.
127. As a part of Final Design Review, Permittee shall relocate the residence on Lot 13 to be at least 20 feet from the rear property line or choose a different home model that will maintain the 20-foot rear setback.
128. As part of Final Design Review, Permittee shall amend the perimeter fence design to include two feet of lattice on top of the proposed six-foot fence. This fence design shall be applied to all lots that abut adjacent residential properties. 129. Permittee shall comply with CA Government Code §66300(d), which establishes requirements for replacement of the existing three residences and specific rights for the existing occupants.
130. Permittee shall meet onsite with the property owner of 8924 Clothier Drive and work to ensure that project grading and construction will not cause any adverse impacts to the property at 8924 Clothier Drive.
*****
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on January 9, 2024, by the following vote, to wit:
RESULT:
MOVER:
SECONDER:
AYES:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney