RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING
PRELIMINARY DESIGN REVIEW AND A TREE REMOVAL PERMIT TO ALLOW CONSTRUCTION OF A MIXED-USE 177-UNIT APARTMENT DEVELOPMENT ON A
7.83 ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF ALDER AVENUE AND STATE ROUTE (SR) 116 AND FINDING THE PROJECT CONSISTENT
WITH THE COTATI GENERAL PLAN AND ITS ENVIRONMNETAL IMPACT
REPORT AND EXEMPT FROM FURTHER ENVIRONMANTAL REVIEW UNDER CEQA GUIDELINES SECTION 15183
(PA# 21-29 / APNS 046-286-021 & 144-050-009)
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 December 7, 2021, the City accepted a Preliminary Application submitted by 116 Associated Investors, LLC (“Applicant”) in conformance with SB330, which informed the City of their intent to submit a formal application to allow construction of a 177- unit mixed-use apartment development and vest their rights to have the application reviewed under the City regulations and development fees in place on the date the Preliminary Application was accepted by the City; and
WHEREAS, on December 16, 2021, the Applicant submitted an application for Design Review and a Tree Removal Permit to construct a 177-unit mixed-use apartment development on a 7.83 property located at the northeast corner of Alder Avenue and SR-116 (“Project”); and WHEREAS, the Project takes advantage of the State Density Bonus Law, which allows for increased density, reduced parking ratios, and concessions and waivers from certain City development standards, by-right, when particular amounts of affordable housing units are included in the Project; and
WHEREAS, on July 18 and July 24, 2023, the City hosted noticed neighborhood meetings to gather feedback on the proposed Project; and WHEREAS, in response to the feedback from the neighborhood meetings the Applicant modified the Project to address neighborhood concerns; and WHEREAS, on February 5, 2024, 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 voted (4-1) to recommend City Council approval of the Project; and WHEREAS, Public Hearing Notices of the February 27, 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 February 27, 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 City Council finds that the proposed Project is consistent with the City of Cotati General Plan; and
WHEREAS, the City Council finds that the health, safety, and welfare of the citizens of the City of Cotati will not likely be jeopardized by approval of the Project; 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 Project; (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 City Council finds that 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. 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.
BE IT FURTHER RESOLVED that the above recitals are true and correct and constitute a part of the findings 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) Section 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 General Plan and provisions of CMC Section 17.62.040 (Design Review). The Project application provides the required information to approve Preliminary Design Review and is conditioned to provide the necessary materials to evaluate and approve Final Design Review.
As proposed, and conditioned, the Project 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, except where concessions or waivers from City development standards are granted pursuant to State Density Bonus Law (i.e. increased density, parking minimums, minimum commercial floor area, and parking locations).
The architectural design for the Cotati Village buildings incorporates contemporary craftsman style elements. All six buildings would be three stories in height with low pitched roofs and exposed beam elements. The height of the residential buildings measure 32.5 feet, which conforms to the 35-foot height standard in the CG zoning district. The mixed-use buildings (buildings A and C) measure 32.5 feet with architectural peaks and ridges that extend to 40 feet in height, which is permitted above the 35-foot height limit (pursuant to CMC Section 17.30.040(D)) to allow for architectural interest and to break up long solid roof lines.
Building A and C’s commercial facades provide additional transparency through the use of large windowpanes and glazed entry doors on the southern elevation. Residential units would feature low wooden fence screening for privacy at the ground level. The rectangular building form for the six buildings is articulated through the use of recessed and projecting building frontages. projecting balconies, two colors for separated wall planes and materials, two primary finish materials including stucco and painted wood siding, and complementary exterior window trim.
The Project is designed to integrate with the City’s General Plan direction to realign and signalize the intersection of West Cotati Avenue and SR-116 and allows public access through the development site on Batchelor Lane and the future Village Drive. The Project provides for pedestrian circulation throughout the site and proposes the construction of a Class I multiuse path serving bicyclists and pedestrians along SR-116.
The landscape plan proposes a mix of trees, shrubs, groundcover, grasses, and vines. Trees and other landscaping are proposed along the perimeter of the Project site, throughout the parking lot, between buildings, and within the interior courtyards. The landscaping plan includes the preservation of six heritage oak trees within the central portion of the Project site as well as preservation of existing street trees located along Alder Avenue. Landscaping features drought tolerant plants and a high efficiency irrigation system, including weatherbased controllers. Landscape areas establish buffers, provide shading, and serve as biofiltration and stormwater detention facilities.
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.
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 this chapter;
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 this chapter;
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.
Depending on the final grading, utility, and frontage design plans, two to four small oak trees and a clump of non-native acacia trees will be removed from the site near the corner of Alder Avenue and SR-116. However, the Project has been designed to retain a line of more mature oak tress located along the proposed Batchelor Drive. Mitigation for the trees that will be removed is required per the replacement criteria set forth in CMC Section 17.54.050, which will result in the replanting of 10 to 20 replacement oaks. The Project is further conditioned to have an arborist prepare an oak mitigation and monitoring plan to ensure the protected oaks will survive, and requires modification of the Project to ensure survival. Where it is found the trees cannot be preserved, they will be required to mitigate the loss pursuant to the replacement criteria. Additionally, the Project proposes to plant 171 trees of various species.
The trees proposed for removal are spaced out and do not act as privacy buffers, provide wind screening, or affect on site drainage, erosion or land stability, and there are no expected adverse impacts resulting from their removal.
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 the request for Preliminary Design Review and a Tree Removal Permit to allow construction of a 177-unit mixed-use apartment development at the northeast corner of Alder Avenue and SR-116 based on the foregoing findings and subject to compliance with all of the Conditions of Approval, identified below:
PLANNING DIVISION
1. The Project is subject to all development standards and payment of all impact fees identified in the City’s adopted Fee Schedule, including Traffic Impact Fees, Park InLieu Fees, and Bed Tax at the rates in place on December 7, 2021, the date when the Preliminary SB 330 vesting application was accepted by the City.
2. The Project design shall be amended and the plan set updated to address the following items submitted for Final Design Review and approval:
A. Amend the Highway 116 frontage design and onsite improvements to include: Class 1 multi-use path and the north leg of the realigned Highway 116/West Cotati intersection (proposed to be EVA access until intersection completion) to be consistent with the Highway 116 Corridor Safety Improvement Project (35% Design Drawings).
B. Amend the plans to demonstrate compliance with the following objective design standards set forth in CMC Chapter 17.39:
1) §17.39.030(A)(1): “Multifamily projects fronting on an existing or proposed public street shall orient the buildings to the street with individual entries, porches, and landscaping facing the street. Street-facing parking lots, parking spaces, carports, and garages are not allowed.” Consider relocating Building F to front Alder Avenue and relocate the parking along Alder Avenue to the east side of the building. See also conditions 2.B(4) and 2.C(6), below. 2) §17.39.030(B)(1)(b): Rooflines shall extend past the wall of the building with a minimum eave width of 18” and shall include exposed roof beams and/or rafters.” Provide additional details to confirm compliance with this standard, including rafter/beam size, connectors, and colors.
3) §17.39.030(B)(1)(d) and (e): Provide details of all wood trim on windows and doors to confirm compliance with this standard.
4) §17.39.030(F)(4) requires that all parking areas be screened from public street frontages, and landscaping used for this purpose be at least 15’ wide from the back of the sidewalk and 3’ tall. In addition, §17.39.030(F)(10) requires that offstreet parking be located so that carports and open parking spaces are not visible from the street fronting the parcel. Provide additional detail regarding the screening of the parking and/or modify the plans to bring the Project into compliance.
5) Pursuant to CMC Section 17.39.030(G)(2), the height of the solid fencing between private yards and common open spaces and the private yard fencing facing Highway 116 shall be limited to 4.5’ in height. The proposed fencing should be reduced in height to comply, or alternatively the additional height above 4.5’ may be of an open design rather than solid. In addition, provide details to show articulation, gates, and decorative features that break up the massing of the fence.
6) §17.39.030(G)(5)(f): Lighting at trash enclosures for nighttime use is required.
Demonstrate compliance with this standard.
7) §17.39.030(G)(6): On the floor plans, show dimensions of the units’ private storage areas, which must be at least 100 cubic feet total with no dimension less than 30”.
8) Clearly identify the number of bicycle parking spaces at each location where bicycle parking is provided.
C. Provide a Final Landscape and Irrigation Plan in conformance with CMC Chapter 17.34 (Water Efficient Landscape Standards) that includes the following items. The plan shall be coordinated with all other architectural and civil plans and conflicts with all light standards and utilities shall be avoided.
1) Required replacement trees and parking lot trees shall not be reduced in number to avoid conflicts but shall be relocated instead.
2) The plan shall provide a calculation of shade on the parking lot areas that meets or exceeds the parking lot shade requirements set forth in CMC Section
17.34.050.D.4.a. At a minimum, the parking areas shall have shade trees every twenty-five linear feet per CMC Section 17.34.050.D.3.a.iV. 3) The plan shall identify the number and location of replacement trees required by CMC Section 17.54.050. The replacement trees shall be in addition to all required parking lot trees.
4) Provide greater detail of the landscape area between the patio fences and multiuse path along the Highway 116 frontage. The landscaping shall include vertical elements to soften and screen the fence. See also Condition 2.B(5). 5) The proposed street and parking lot lighting shall be modified to have a post not exceeding 11’-6” in height and a total maximum height of 14 feet. 6) Provide detailed landscaping plans for the landscape strip between Alder Avenue and the carports located between Batchelor Lane and Ford Lane. Landscaping in this area shall incorporate vines and/or vertical elements to screen and soften the carports when viewed from Alder Avenue. Alternatively, relocate Building F to front Alder Avenue.
7) The irrigation compliance statement shall be revised to state: “I have complied with the criteria of Chapter 17.34 (Water Efficient Landscaping Standards) of the City of Cotati Municipal Code and applied them accordingly for the efficient use of water in the planting design plan.” The statement shall bear the signature of a licensed professional.
8) Applicant shall retain an arborist to prepare an oak mitigation and monitoring plan demonstrating that the oaks are being preserved to extent feasible and that measures are included in the design and construction of the Project, including grading and utilities, to ensure the long-term preservation of the oaks. Tree protective measures shall be shown on final grading and utility plans. If the trees are threatened, the Project shall be modified to ensure the trees remain or they shall be replaced in conformance with CMC Section 17.54.050. City approval is required prior to the removal of any tree targeted for preservation.
D. Provide a Final Outdoor Lighting Plan. All outdoor lighting shall be shielded and directed downward onto the driveways and walkways within the development and away from adjacent properties to eliminate glare and minimize light trespass.
Lighting of at least one foot-candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened with full cutoff luminaires to minimize sky glow and glare onto public sidewalks and adjacent residences.
Lighting fixtures/lamps shall be energy efficient and be a warm light with a broad color spectrum to minimize sky glow. An all-night light shall not exceed 3000K (Kelvin Color Temperature Scale) and lights with an on/off timer shall not exceed 4000K.
E. Amend the open space calculations on sheet A37 to include only the areas of the community center that provide recreational or social uses. Other uses such as offices, utility rooms, hallways, the mail room, and leasing office shall not be counted as open space. Project shall maintain at least 150 square feet of usable open space per unit.
CMC Section 17.39.030(D).
F. Identify the location of all mailboxes and provide evidence that the location(s) of the mailboxes are approved by the Post Office.
G. A fence or wall, with a minimum height of seven feet, shall be provided along Ford Lane to separate the Project from The Cottages development to the north. The fence/wall shall be designed to complement the monument entry feature of The Cottages. Provide fence/wall details and clearly show the location on the civil and architectural plans.
3. Prior to issuance of a building permit, Applicant shall record a city-approved inclusionary housing agreement in compliance with CMC Chapter 17.31.
4. Prior to occupancy of any building, the applicant shall install an eastbound left turn lane on Highway 116 at the intersection of Alder Avenue and Highway 116. This condition shall not be required if the proposed realigned intersection at West Cotati Avenue and Highway 116 is completed prior to occupancy, or if the City Engineer finds an alternative solution to address the failure of the intersection.
5. If requested by the Federated Indians of Graton Rancheria, applicant shall perform surveys for archaeological artifacts prior to grading and/or provide for archaeological and/or tribal monitoring of any ground disturbing activities. Verification that an archaeologist and/or tribal monitor is under contract will be made prior to issuance of any grading permit.
6. Prior to issuance of a grading or building permit, Applicant shall record the proposed easements noted on Sheet C3-1 (dated December 18, 2023), except as they may be modified by these conditions of approval. The City shall review and approve the easements prior to recording and the easements shall note that any changes to the recorded easements shall require prior City approval.
PUBLIC WORKS/ENGINEERING
Unless otherwise stated, conditions in this section shall be to the satisfaction of the City Engineer prior to issuance of a Grading Permit.
Real Property
7. 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.
8. Proposed easements and dedications shall be finalized (legal descriptions and plats) and presented to the City for review prior to recordation before the issuance of a building and/or grading permit.
A. In accordance with the City of Cotati General Plan, the applicant will be required to offer for dedication property sufficient to accommodate the future construction of a cul-de-sac on Alder Avenue. The parcel so offered shall be dimensioned to accommodate a City Standard cul-de-sac (detail 108A). The offer of dedication may include language that would cause the offer of dedication to expire if the City of Cotati amends its General Plan to keep Alder Avenue connected to SR-116, and not terminated in a cul-de-sac.
B. The applicant will be required to make an irrevocable offer for dedication property along the Highway 116 frontage, record a public access easement for use of the Class 1 Pathway, and enter into a maintenance agreement for the frontage to meet the Highway 116 Safety Corridor Improvement Project, 35% Design Document conditions. The 35% Design Plan currently call for an 11-foot frontage dedication from the existing Caltrans ROW.
C. The applicant will be required to secure an exclusive private drainage easement for Cotati Village 1 and Cotati Cottages over the “Existing Storm Drain Swale” (over APN 046-113-033, which is on the northerly side of the Cotati Cottages development) for the purpose of post-construction storm water treatment and peak reduction measures in compliance with City of Cotati, Phase I MS4 permit. This area is described in Document Number 2003-052344, Exhibit C, Sonoma County Records.
D. The proposed Easement D on Sheet C3-1 (15’ easement for public water purposes (within roadways)) is not required. Water facilities on-site will be private.
9. 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
The following Conditions of Approval shall be satisfied prior to Improvement Plan Approval.
All design and construction shall conform to the latest edition of the City of Cotati Design and Construction Standards. The submittal shall include a detailed Engineer’s Estimate for the public improvements including items, unit costs and quantities.
General Requirements
10. The developer shall prepare and submit a separate set of Public Improvement Plans for the construction of all public improvements with separate sheets for:
A. Demolition: showing all items to be removed such as buildings, well system, septic system, current road improvements and other ROW features.
B. Utilities including water, sanitary sewer, storm drain facilities, joint trench, etc.
C. Roadway Improvements including grading, curbs, gutters, sidewalks, parkway strips, etc.
D. Storm Water and Erosion Control plan shall be included.
E. A Photometric Plan shall be included showing proposed streetlights.
F. Striping and Signage including signing, striping, streetlights, painted curbs, etc.
G. Details including site specific and all referenced city, state, or other details.
H. Where modifications or improvements are minimal, some items and sheets may be combined, but surface improvements and underground improvements should remain separate for clarity.
11. All plan sets submitted for improvement plans shall have a sheet printed with all conditions of approval written herein.
12. The Improvement Plans shall include an approval line for the Geotechnical Engineer to sign off on the plans based on their Geotechnical Investigation Report.
13. A letter shall be provided by the engineers providing the studies or reports indicating compliance with their respective report and recommendations. This would include the following reports:
A. Geotechnical
B. Traffic
C. Water and Sewer
D. Environmental
E. Hydraulics and Hydrology
F. Stormwater LID
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 applicant 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 submittal of the Improvement Plans for plan review.
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 meet the requirements of the Cotati Postmaster prior to Improvement Plan approval. The developer shall provide an exhibit showing mailbox locations consistent with the Cotati Postmaster requirements.
18. Existing curb, gutter and sidewalk along the Project frontage that are to remain and are in disrepair shall be removed and replaced as part of the improvements for this Project. All nonconforming pedestrian ramps and driveway approaches shall also be brought up to current accessibility standards. Any existing street trees along the Alder Ave frontage determined to be in poor health (damaged or diseased), or dead, shall be replaced. All as informed by the Project arborist and determined by the City Engineer.
19. Deviations from City Standards shall require the approval by the City Engineer. The applicant’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.
Specifically;
• Narrative needs to clearly describe the following:
a. Runoff from Cotati Village 1’s DMA 1, 2A & 3 drain to existing offsite swale that will be reconstructed to into a bioretention facility in accordance with current standards to handle 100% volume capture.
b. The existing swale does not currently provide SWLID volume storage for either the Cottages development or the Cotati Village 1 development. c. Future developments are precluded from using reconstructed bioretention facility for drainage purposes.
• Project areas need to be consistent throughout report. • BMPs need to be selected based on identified soil type. • Groundwater depth needs to be determined prior to final design of BMPs. • Exhibit needs to include the following:
a. Elevations of bioretention facility’s inlet, outlet, overflow, flowline, and underdrain.
b. BMP facility for DMA 4.
c. Treated water needs to enter public storm drain system.
23. 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/encroach ments.
24. 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.
25. 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
26. The applicant shall ensure that all proposed improvements along the frontage of Highway 116 are approved by Caltrans, if within the State right-of-way, and in conformance with the Highway 116 Safety Corridor Improvement Project, 35% Design Document, produced for the City of Cotati by Fehr and Peers. At a minimum, the Project is to construct and maintain a Class 1 Pathway extending from the realigned SR116/West Cotati Ave intersection to Alder Ave., construct the north leg of the realigned SR116/ West Cotati Ave intersection, and install the eastbound left turn lane at SR116/Alder Ave. Projects not identified in the 2015 Traffic Impact Fee Study are not covered by traffic impact fees and are wholly the responsibility of the Developer.
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 Improvement Plan 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. Alder Avenue shall be resurfaced from curb to curb.
29. Accessible Ramps shall be provided at all intersections, crosswalks, driveways, and where sidewalks are proposed. Ramps shall conform to Caltrans Standards A88A or A88B, Or as specifically detailed for the individual site to meet site ADA guidelines.
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.
Lighting, Signing and Striping Plan
32. 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).
33. 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.
34. 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
35. 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.
36. 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.
37. 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 applicant 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.
38. Prior to approval of improvement plans and issuance of any Permits the applicant/developer shall submit a Declaration of Covenants Regarding Maintenance of Storm Water Best Management Practices (BMP) Facilities. The applicant/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.
39. All on-site storm drain facilities installed as part of the Project shall be private and clearly identified as “private” on the design drawings.
Grading Permit and Improvements
40. Prior to Issuance of a Grading Permit the following Conditions shall apply:
A. The Improvement Plans shall be approved by the City Engineer.
B. It is Applicant’s responsibility to obtain and provide proof of all permits necessary from other local, state, and federal agencies. Upon request, applicant shall provide evidence of these permits at the time of grading plan submittal.
41. 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/site shall be generally designed to drain to the street, unless otherwise approved in the interest of tree preservation or other unusual circumstances.
42. 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.
43. The applicant 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.
44. 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.
45. All existing wells, septic tanks and/or underground fuel storage tanks shall be clearly identified on the demolition plan and 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.
46. 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
47. 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
48. The applicant 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 Water Master Plan (latest edition).
49. The applicant 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 Sewer Master Plan (latest edition).
50. Prior to issuance of a building permit, developer shall obtain a letter from the City of Santa Rosa stating their requirements for a sewer use permit have been satisfied.
51. All on-site sewer facilities installed as part of the Project shall be private and clearly identified as “private” on the design drawings. Sewer flows generated by Cotati Village 1 to be served by a single connection to the existing 10-inch pipeline in Highway 116 as evaluated in the Carollo Cotati Village 1 & 2 Water and Wastewater Assessment Report Final dated October 2023. An alternative single point of connection would be approved only with a revised Wastewater Capacity Assessment report demonstrating the alternative connection is sufficient and with the approval of the City Engineer.
52. City shall install a domestic and an irrigation meter at property line in City ROW and Developer is to comply with SB 7 provisions regarding submetering individual dwelling units, specifically California Water Code Division 1, Chapter 8. Water Measurement [500-537.5]. Water lines, including fire lines, and sewer lines on the private property shall be identified as “private” on the design drawings. Fire hydrants may connect directly to public mains.
53. All irrigation water mains, service laterals, plumbing, valves, pipes, appurtenances, irrigation parts, vaults and boxes must be purple.
Permit Requirements
54. 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.
Other / Landscape Parcels
55. Landscape and irrigation plans for plantings, including construction and planting details for bioretention areas and other Low Impact Development (LID) facilities, 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.
56. The landscape plans shall show underground utilities and no trees shall be planted over any existing or proposed underground utilities, and no trenching shall occur within the driplines of the trees proposed to be preserved.
Public Improvement Agreement (PIA)
57. The applicant shall execute a City standard Public Improvement Agreement to address the proposed Alder Avenue and Highway 116 public improvements. The agreement shall address design, construction, dedication of and City acceptance of the public improvements. The agreement shall include and engineer’s cost estimate for the public improvements, security for the completion of these improvements, an initial deposit and execution of the City’s deposit account agreement for City inspection of the construction of the public improvements. The agreement shall be submitted for review and approval by the City. The agreement shall also address the ownership, maintenance, lighting, parking, access and shall be recorded against the lands of the Project.
Encroachment Permit
58. Prior to Issuance of an Encroachment Permit the following Conditions shall apply:
A. 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.
B. An Encroachment Permit shall be required prior to performing work on public utilities or work within public rights-of-way or public easements.
During Construction Operations the Following Conditions Shall Apply
59. 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. If a construction entrance is used, the area shall be swept and cleaned daily to remove any dirt, mud or debris. If necessary, street sweeping may be required.
60. 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.
61. 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.
62. 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.
63. 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.
64. 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.
Prior to Acceptance of Public Improvements and Bond Exoneration, the Following Conditions of Approval Shall Be Satisfied
65. All improvements shown on the Improvement Plans shall be completed and accepted by the City.
66. 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.
67. 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.
68. 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 DIVISION
69. The proposed buildings, 6 structures with a total of 177 living units with commercial units on the ground floor and residential on two floors above the ground floor are considered apartment buildings and the occupancy is considered as R-2. The Community Center and Swimming Pool area are considered A-3 and A-4 occupancies, respectively.
70. Detail the Areas of Refuge, stairwell fire rated construction, elevator size and hoistway details.
71. All features are to be accessible in the Community Center and pool areas including the spa in the pool, outdoor kitchen, and all outdoor facilities. Provide a code analysis for the Community Center for occupancy classification, type of construction and a fixture count for the facilities serving the spaces.
72. The site is required to be accessible throughout and all ground floor entrances on the accessible path.
73. All utilities to buildings and units are required to be sized in accordance with the current Electrical and Plumbing codes.
74. Living units are required to be constructed in accordance with CBC Chapter 11A and 11B and applicable. Clearly identify required accessible/adaptable units identify the number required and the number provided.
75. Provide complete structural plans and calculations coordinated with the architectural plans.
76. Provide Title 24 Energy Documentation for Lighting, Building Envelope, Heating and Cooling.
77. The Project is required to comply with current CALGreen requirements and Mandatory Measures level. The worksheets are to be printed on plan sheets in the plan set.
78. The Project requires a Geotechnical Report. The report shall provide design recommendations based upon the engineer’s findings and shall comply with CBC Section 1803. [§107.2 CBC]
79. The Project requires a grading permit. Provide complete grading plans for the site and each parcel. Provide cut and fill calculations.
RANCHO ADOBE FIRE PROTECTION DISTRICT
80. The plans indicate that the housing buildings will be three stories in height. The Project shall conform to the California Fire Code, and depending on the final construction drawings may require aerial apparatus access to the buildings.
81. Where fire apparatus access roads or a water supply for fire protection are required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection where construction of new roadways allows passage by vehicles in accordance with Section 505.2. No combustible construction shall begin until fire department access roads and fire hydrants are in service. (CFC 501.4)
82. Pursuant to California Fire Code Appendix D105.3, plans submitted for purposes of construction shall relocate streetlights and obstructive landscaping adjacent to aerial apparatus access areas identified on the proposed plans, subject to Fire Marshal review and approval.
83. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet (7925 mm), exclusive of shoulders. CFC D103.1
84. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. (CFC 503.1.1)
85. Multiple-family residential projects having more than fifty (50) dwelling units shall be provided with two (2) separate and approved fire apparatus access roads. (CFC D106.1)
86. Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. (CFC 503.2.4)
87. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. (CFC D105.1)
88. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of the building or portion thereof. (CFC C105.2)
89. An approved automatic fire sprinkler system shall be installed and maintained in all newly constructed buildings with Group R occupancy. (CFC 903.2.8)
90. The fire sprinkler system requires approved plans and permit from the Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with plans, cuts sheets and calculations. This system shall comply with NFPA-13R.
91. An approved fire alarm system shall be installed and maintained in all new constructed R-2 occupancies. Installation of the fire alarm system requires plans and permit from the Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with plans, cut sheets and calculations. This system shall comply with NFPA-72. (CFC 907.2.9 and 907.2.10)
92. New and existing buildings shall be provided with approved illuminated address numbers or letters. They shall be contrasting with the background and be plainly visible from the street or road fronting the property. Address numbers shall be Arabic numerals or alphabetic letters. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other approved sign or means shall be used to identify the structure. Address identification shall comply with the City of Cotati Standards. (CFC 505.1)
93. Numbers for Other Than One- and Two-Family Dwellings. Each address identification character shall not be less than twelve inches (12") high with a minimum stroke width of one inch (1"). Suite and unit directional numbers shall be not less than six inches (6") in height with a minimum stroke width of three-quarter inch (0.75”). Individual unit numbers shall not be less than four inches (4") in height with a minimum stroke width of one-half inch (1/2"). (CFC 505.1.20)
94. Provide a Complex Directory. Where two (2) or more buildings cannot be viewed from the public way or when determined to be necessary by the Fire Code Official, an approved illuminated complex directory, monument pole, or other approved address sign is required. (CFC 505.1.3)
95. A fire flow analysis is required to be submitted for review and approval at time of Building Permit Application. Fire Department approval will not be granted without a fire flow analysis.
96. Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life saving or fire-fighting purposes, the fire code official is authorized to require a key box be installed in an approved location. The key box shall be of an approved type listed in accordance with UL-1037 and shall contain keys to gain necessary access as required by the fire code official. Installation of the key boxes requires approved plans and permit from the Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with three (3) sets of plans, cuts sheets and calculations. This system shall comply with CFC Section 506.
97. All new buildings shall have approved radio coverage for emergency responders within the building based on the existing coverage levels of the public safety communication system of the jurisdiction at the exterior of the building. The owner/project applicant shall conduct appropriate testing and/or provide emergency responder radio coverage approved by the Fire Protection District. Installation of the emergency responder radio coverage system requires approved plans and permit from the Fire Protection District prior to work commencing. The owner/contractor shall submit a permit application with three (3) sets of plans, cuts sheets and calculations. This system shall comply with CFC Section 510.
98. All Photo-Voltaic installations shall be submitted to the Building Official and Fire Official for review and permitting prior to installation. All required clearances per CFC Chapter 12 shall be provided.
99. The applicant shall coordinate with RAFPD for the location of trees along aerial apparatus access roads for proposed location, size and height in order to not obstruct aerial apparatus operations now and into the future (see condition #84).
CALTRANS
100. The development accounts for SR 116 widening by means of a dedication. Please ensure the dedication takes place prior to permit issuance and that the area dedicated is unencumbered (not accepted subject to any easements). 101. An encroachment permit will be required for any work done inside State right of way. At that time, detailed information regarding any connections and or modifications to State drainage systems must be provided. In addition, any engineering calculations for onsite systems out-letting to State drainage systems (pipe or ditch) must be provided, such as flow rates for shed areas, detention time for detention basins, etc. 102. If additional runoff is generated from the site and drains towards highway 116, the runoff must be metered to pre-construction levels.
103. Commercial Driveways. Commercial driveways should be limited to the following maximum widths:
A. When the driveway is used for one-way traffic, the maximum width should be 25 feet. If the driveway serves a large parcel, where large volumes of vehicles or large vehicles are expected, the entrance maximum width should be 40 feet and the exit maximum width should be 35 feet.
B. When the driveway is used for two-way traffic, the maximum width should be 35 feet. If the driveway serves a large parcel, where large volumes of vehicles or large vehicles are expected, then the maximum width should be 45 feet.
CEQA/ENVIRONMENTAL
The environmental review concludes that the Project, through the implementation of mitigating policies and actions in the Cotati 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 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. 104. AES-1: Prior to issuance of a building permit, the applicant shall submit a final lighting plan and the City shall verify that the final lighting plan complies with applicable requirements set forth in Section 17.30.060 of the Cotati Municipal Code, in accordance with General Plan Action OS1f to minimize off-site and night sky impacts of outdoor lighting.
105. AQ-1: During any construction period ground disturbance, the Project will ensure that the Project contractor(s) implement the following measures to control dust and exhaust that are recommended by BAAQMD and listed below:
A. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
B. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
C. 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.
D. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
E. 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.
F. 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.
G. 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.
H. Designate a Disturbance Coordinator and post a publicly visible sign with the telephone number of the Disturbance Coordinator to contact regarding dust complaints. The Disturbance Coordinator 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.
106. AQ-2: All contractors shall implement a Construction Minimization Plan including feasible measures to reduce diesel particulate matter emissions from new construction by 70 percent as follows:
A. All off-road mobile 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 PM (PM10 and PM2.5). Note that engines meeting the U.S.
EPA Tier 2 or 3 standards that include particulate matter emissions control equivalent to CARB Level 3 verifiable diesel emission control devices would meet this standard.
B. Provide line power to the site during the early phases of construction to minimize the use of diesel-powered stationary equipment.
C. Alternatively, use zero-emission or non-diesel fueled equipment. 107. BIO-1: Prior to site preparation, grading, or construction, the applicant shall take the following actions:
A. 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.
B. 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:
1) 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.
2) 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.
3) 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.
C. The applicant shall consult with the California Department of Fish and Wildlife prior to the start of any ground-disturbing activities to confirm with CDFW that the Project would not result in impacts to CESA-listed species/special status species. 108. BIO-2: Prior to issuance of a demolition or grading permit, the applicant shall secure wetland mitigation credits for impacted waters of the State at a 1:1 ratio from an approved bank within the same conservation area or in proximity as feasible and provide evidence of procurement to the City. During all frontage work and construction activities occurring within 25 feet of wetlands as mapped by the “Draft Aquatic Resources Delineation Map for SR-116 and West Cotati Ave Project” prepared by Monk and Associates on August 23, 2023, the applicant/contractor shall install and maintain exclusion fencing precluding inadvertent access to wetlands to be preserved. 109. BIO-3: To prevent any potential affects to nesting birds, the following actions shall be taken:
A. 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.
B. 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.
C. 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. 110. BIO-4: The applicant and all contractors shall implement the tree preservation and protection conditions of the Tree Removal Permit and comply with all regulations and replacement requirements in Municipal Code Chapter 17.54 for any trees that are intentionally or accidentally removed or damaged during Project construction. 111. CUL-1: In the event that cultural resources or human remains are inadvertently discovered during ground disturbing activities, the following conditions shall apply:
A. 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.
B. 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 the skeletal remains are found to be prehistoric, Native American and not modern, then the coroner must call the Native American Heritage Commission in Sacramento that will designate the “Most Likely Descendant” (or MLD) of the discovered remains. The MLD will be responsible for recommending the disposition and treatment of the remains (before construction is resumed).
Although the likelihood of encountering human skeletal remains in the Project area seems slight, it is important to have a procedure for alternate tasks that can be put into effect quickly in the event that human remains are discovered. This allows for work to continue elsewhere on the Project area (where appropriate given the size of the property and location of the discovery) while the remains are properly investigated.
C. If any prehistoric artifactual materials such as modified obsidian flakes or formed tools or concentrations of natural obsidian nodules are observed during any phase of grading or future construction on the property, all work in the vicinity of the find shall be stopped until the area of the discovery can be evaluated by an archaeologist.
Depending on the extent and cultural composition of the discovered materials, subsequent excavation monitored by an archaeologist may be required, who shall be ready to record, recover and/or protect significant artifactual materials from further damage.
112. GEO-1: The Project shall implement recommendations from the geotechnical reports associated with the site, including the Geotechnical Investigation Report (June 29, 2000) prepared by Kleinfelder (Appendix G); Pavement Design Criteria for Cotati Village Development (August 24, 2007) and Pavement Recommendation Letter (December 16, 2021), prepared by Miller Pacific Engineering Group (Appendix H); Update to Table A (April 26, 2007) prepared by Miller Pacific Engineering Group on November 3, 2023 (Appendix H);
At the time of permit application submittal, the applicant shall include a letter, together with the geotechnical analyses, from the Project’s geotechnical engineer certifying that all recommendations in the Project’s geotechnical analyses meet current geotechnical design standards and that all applicable recommendations have been incorporated into the construction plans. Where the geotechnical engineer recommends technical changes to the recommendations in any of the geotechnical analyses, such changes shall be clearly identified in the letter.
All recommendations 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 geotechnical analyses.
113. HAZ-1: Prior to construction, the applicant shall prepare a Lead Compliance Plan and a Soil Management Plan in compliance with current Caltrans guidelines, and a worker Health and Safety Plan. The plans shall address:
• Sampling and analysis of soils prior to earth-moving work • Transportation and disposal of any contaminated soil in compliance with state and federal law
• Worker health and safety during the handling of potentially hazardous soils 114. HYD-1: The applicant shall submit a Storm Water Prevention and Pollution Plan (SWPPP) and erosion and sediment control plan 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. Submitted plans shall also demonstrate compliance with City of Cotati Municipal Code Chapter 13.68 Storm Water Ordinance and Chapter
14.36 Erosion and Sediment Control.
115. HYD-2: The applicant shall submit final drainage plans including 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: Prior to issuance of the building permit, the applicant shall submit final design plans that incorporate and certify the inclusion of noise attenuation measures as identified in the Noise and Vibration Analysis prepared by Illingworth and Rodkin (Appendix L), consistent with General Plan and Building Code Standards, including the following:
A. Apartments located in Buildings A,B, and C which are adjacent to and/or with a clear view of traffic on SR-116, shall be equipped with a mechanical ventilation system(s) to supply fresh air via an acoustically rated straight air transfer duct such as the Fresh 80, 90 or 100-dB units by Fresh Ventilation or an equivalent unit or other system deemed satisfactory by the local building official, to provide adequate fresh air to the residences with closed windows.
B. The apartments in Buildings A, B, and C, which are adjacent to and/or with a clear view of traffic on SR-116, shall have exterior wall assemblies, windows and doors designed to maintain interior noise levels at or below 45 dBA Ldn with closed exterior doors and windows.
C. Exterior sound transmission control shall be incorporated in the design of commercial spaces in buildings A and C using either the prescriptive (section 5.507.4.1) or performance (section 5.507.4.2) analysis methods. Under the performance method, wall, window, and roof-ceiling assemblies adjacent to Highway 116 shall be constructed to provide an interior noise environment attributable to exterior sources that does not exceed an hourly equivalent noise level (Leq-1Hr) of 50 dBA in occupied areas during any hour of operation.
117. NOI-2: The Project shall implement best management practices to minimize construction-related noise impacts as set forth in Action N1h of the General Plan, as listed below, and shall meet all applicable noise standards as set forth in Section
17.30.050 of the Cotati Municipal Code:
A. 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.
B. All equipment driven by internal combustion engines shall be equipped with mufflers, which are in good condition and appropriate for the equipment.
C. The construction contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists.
D. 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.
E. Unnecessary idling of internal combustion engines shall be prohibited.
F. 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.
G. Neighbors located adjacent to the construction site shall be notified of the construction schedule in writing.
H. 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.
118. REC-1: Prior to issuance of the building permit, the applicant shall dedicate one acre of parkland per 200 residents or pay an in-lieu fee as determined by the Community Development Director.
119. TRA-1: The southbound Alder Avenue approach to SR-116 shall be restriped to include separate left-turn and right-turn lanes as described by the 2023 Traffic Impact Study prepared by W-Trans. The restriping plan shall be submitted to the City Engineer for review and approval prior to building permit issuance. All required approvals shall be obtained from Caltrans and submitted to the City.
120. TRA-2: Final Project plans shall show the location and details of proposed bicycle parking on site based on final vehicular parking space counts and consistent with the requirements of Cotati Municipal Code Section 17.36.070. 121. TRA-3: Prior to issuance of a building permit, the applicant shall dedicate the required area (11 feet from the existing right of way) along the entire length of the Project frontage along SR-116 for widening of the highway. The area dedicated shall be unencumbered (not accepted subject to any easements).
122. TRA-4: The Project shall comply with all requirements from Caltrans to address design, engineering, and operation requirements within the State right-of-way. Prior to commencing any work in the public right of way, the applicant shall secure an encroachment permit from Caltrans and provide the following to Caltrans:
A. Detailed information regarding any connections and or modifications to State drainage systems must be provided.
B. Any engineering calculations for onsite systems out-letting to State drainage systems (pipe or ditch) must be provided, such as flow rates for shed areas, detention time for detention basins, etc. If additional runoff is generated from the site and drains towards highway 116, the runoff must be metered to preconstruction levels.
The applicant shall provide a copy of the approved encroachment permit to the City prior to commencing work within the public right of way. 123. TRA-5: Final design and landscaping plans shall be submitted and show compliance with Cotati Municipal Code (CMC) Section 17.30.040(c)(2). Final landscaping plans shall include the specific plants that will be placed in the traffic safety visibility area (see CMC Section 17.30.040.E) 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. These standards shall be applied to intersections between the multi-use path and any intersecting streets or driveways.
124. UTI-1:The final plans and utility demand study are required to be submitted to the City Engineer to confirm water demand and wastewater generation of final Project design can be met by utilities prior to permit issuance.
125. UTI-2:The applicant shall submit landscape and irrigation plans for plantings at the time of the Improvement Plan submittal package. All landscaping and irrigation shall comply with the City Water Efficient Landscape Ordinance (WELO) and is subject to review and approval by the City Engineer. Prior to issuance of a certificate of occupancy, all plantings and irrigation systems in the approved final landscaping plan shall be completed.
126. UTI -3: The applicant shall execute a City standard Public Improvement Agreement to address the proposed public improvements. The agreement shall address design, construction, dedication of and City acceptance of the public improvements. The agreement shall include and engineer’s cost estimate for the public improvements, security for the completion of these improvements, an initial deposit and execution of the City’s deposit account agreement for City inspection of the construction of the public improvements. The agreement shall be submitted for review and approval by the City.
The agreement shall also address the ownership, maintenance, lighting, parking, access and shall be recorded against the lands of the Project. 127. MF-1: The applicant shall coordinate the Project’s construction activities and construction schedule with the City to coordinate the concurrent construction of projects immediately adjacent to the Project site and ensure that overlapping lane closures, periods of increased noise and dust generation are minimized to the extent practicable.
ADDED BY THE COTATI PLANNING COMMISSION (02-05-2024)
128. The Project design shall be amended and the plan set updated to address the following items submitted for Final Design Review and approval:
A. Incorporate north/south pedestrian access along the eastern property line from Highway 116 to the flag-shaped park located on APN 046-286-021. This should include removal of the proposed carports located between Batchelor Drive and the park.
B. Include traffic calming elements to reduce vehicle speed along Batchelor Drive, most notably in front of the central common area and community building.
C. Consider modifying the building design to add character and accents by using different color and siding materials.
D. Consider relocating the trash enclosures located along Ford Lane to the western parking area along Alder Avenue.
129. The proposed wall/fence that separates the Cotati Village Project from the Cotati Cottages shall be installed prior to construction or as soon as feasibly possible after construction begins.
130. The construction management plan shall include provisions for pest control and traffic management. Construction access shall not be from Ford Lane. 131. Applicant shall consider the use of playground equipment that is accessible to children with physical disabilities.
132. Applicant shall consider installing wiring and infrastructure to support electric vehicle (EV) charging at all proposed parking spaces.
133. The Planning Commission’s recommendation includes a recommendation that the City Council work with staff to explore prohibiting truck traffic on Alder Avenue (i.e. weight limits) and take the necessary actions to prevent truck traffic on Alder Avenue. *****
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 February 27, 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