1. No category

ITEM NO. 11
CITY OF SANTA ROSA
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT FOR PLANNING COMMISSION
April 12, 2012
PROJECT TITLE
APPLICANT
Chick-Fil-A
Chick-Fil-A
ADDRESS/LOCATION
PROPERTY OWNER
1452 Mendocino Avenue
Wilde and Rutland LLC
ASSESSOR'S PARCEL NUMBER
FILE NUMBER
180-490-012
CUP11-095
PROJECT SITE ZONING
GENERAL PLAN DESIGNATION
CG
Retail Business Service
APPLICATION DATE
APPLICATION COMPLETION DATE
December 21, 2011
December 21, 2011
PROJECT PLANNER
RECOMMENDATION
Lori MacNab
Approval
PROPOSAL
Chick-Fil-A has applied for a Conditional Use Permit to operate a drive through
associated with a proposed 4,368 square restaurant.
SUMMARY
The applicants are requesting Conditional Use Permit approval to operate a drivethrough for a principally permitted restaurant at 1452 Mendocino Avenue near Santa
Rosa Junior College. The proposal includes demolishing the existing building at 1452
Mendocino Avenue and constructing a new 4,368 square foot building.
If approved, this project will require Design Review approval.
Page 1 of 10
ITEM NO. 11
CITY OF SANTA ROSA
PLANNING COMMISSION
TO:
SUBJECT:
AGENDA ACTION:
PLANNING COMMISSION
CHICK-FIL-A DRIVE THROUGH
ADOPTION OF A RESOLUTION
ISSUE(S)
Should the Planning Commission adopt a mitigated negative declaration and approve a
Conditional Use Permit to allow drive-through sales at a principally permitted restaurant
and 14% parking reduction to be located at 1452 Mendocino Avenue?
BACKGROUND
1.
Surrounding Land Uses
North:
South:
East:
West:
2.
Commercial Uses and Single Family Homes
Commercial Uses and Odd Fellows Hall
Single Family Homes and Duplex
Santa Rosa Junior College
Existing Land Use - Project Site
The site consists of a 3,206 square foot building previously used as a Burger
King restaurant with a drive through and a 53 space parking lot. The building has
been vacant for approximately 5 years. The site was also the temporary location
for a fire station while the Lewis Road Fire Station was under construction.
3.
Project History
December 14, 2011
Neighborhood Meeting
December 20, 2011
Application Filed
February 12, 2012
Concept Design Review
March 22, 2012
Mitigated Negative Declaration posted with blue sign
at site and public notices mailed
ANALYSIS
1.
Project Description
The applicant is proposing to demolish the existing Burger King building and
construct a 4,368 square foot Chick-Fil-A building with a drive through and
outdoor seating. The restaurant will seat approximately 120 patrons and the
Page 2 of 10
ITEM NO. 11
outdoor dining area will seat 20. The proposed drive through accommodates 17
cars within a 50 space parking lot. There are bike racks proposed along the
project frontage which will accommodate 20 bikes, and two long term bicycle
parking spaces will be provided indoors for employees. The proposed hours of
operation are Monday-Saturday 6:00am-11:00pm, closed on Sundays. The
project proponent is also proposing to incorporate Public Art in Private
Development and is currently working with the City parks department to find an
artist.
General Plan
The property is designated for Retail & Business Services by the General Plan
which is consistent with the (proposed) restaurant use on the project site. The
following General Plan goals are furthered with the proposal:
UD-D-2 Maintain a uniform setback of structures from the street. Require
parking areas to be placed to the side or rear or structures, not in front.
UD-D5 Provide planting strips with large canopy of trees between the road and
sidewalk to buffer pedestrians from traffic an help define the street
space along commercial streets.
UD-F-4 Provide visual interest in building, site, and landscape design that
avoids the sense of a monotonous tract development.
T-K-3 Orientate building plans to allow for easy pedestrian access from street
sidewalks, transit stops, and other pedestrian facilities, in addition to
access from parking lots.
EV-C Promote new retail and higher density uses along the City’s regional and
arterial corridors.
2.
Zoning
North:
South:
East:
West:
CG (General Commercial) and PD (Planned Development)
CG (General Commercial) and PD (Planned Development)
PD (Planned Development)
PI (Public Institution)
Outdoor Dining
The project proposes an outdoor patio with seating for 20 patrons. The patio is
raised above the public sidewalk. Outdoor Dining typically requires a minor use
permit, however with the City’s adopted Aggressive Economic Development
Measures outdoor dining is allowed by right.
Page 3 of 10
ITEM NO. 11
Drive Through
In the City, new drive through facilities require a conditional use permit and have
a specific set of development criteria that must be met per Zoning Code section
20-42.060. Specifically the standards are:
a. Drive-through aisles shall have a minimum 20 foot radius at curves
and a minimum width of 12 feet.
b. Each entrance to an aisle and the direction of traffic flow shall be
clearly designated by signs and pavement markings.
c. Each drive-through aisle shall be separated from the circulation
routes necessary for ingress or egress from the property, or access
to a parking space.
d. The adequacy of vehicle queuing capacity of the drive-through
facility and the design and location of the ordering and pickup
facilities shall be determined by the review authority
e. Each drive-through aisle shall be appropriately screened with a
combination of landscaping, low walls, and/or berms to prevent
headlight glare from impacting adjacent streets and parking
facilities.
Chick-Fil- A has designed a drive through facility that meets each of the
standards above. The radius in the curves and width of the drive through are
sufficient width. The drive through aisle is separated from the parking lot. A
submitted landscape plan show a large landscape buffer to shield adjacent
properties from car lights in addition to existing fencing along the property lines.
Finally, a traffic study has been submitted that confirms the capacity of the drive
through will accommodate expected trip volumes.
Conditional Use Permit
To secure a conditional use permit findings must be made as set out in the
Zoning code section 20-52.050 F. The specific findings are:
1. The proposed use is allowed within the applicable zoning district
and complies with all other applicable provisions of this Zoning Code
and the City Code;
The site where Chick-Fil-A is proposing to locate is zoned CG
(general commercial). A restaurant with counter ordering is a principally
permitted used within this district. The proposed drive through component
of the use is allowed with a conditional use permit.
2. The proposed use is consistent with the General Plan and any
applicable specific plan;
Page 4 of 10
ITEM NO. 11
The site is designated as Retail and Business Services in the General
Plan. The CG zoning implements this designation. The site is also
subject to the adopted Mendocino Avenue Corridor Plan. The adopted
plan has design guidelines specific to the corridor. The proposed project
has met the Mendocino Avenue Corridor Plan with the following design
features:
-The entry to the building is well articulated and includes a tower
like feature with changes in material.
-The proposed windows maximize natural light indoors.
-The building is placed at the edge of the sidewalk with an entry
oriented toward the street.
-The parking lot is behind the building.
-Outdoor dining is incorporated into the design.
-The outdoor dining area has good design.
-There is a 15 foot landscape setback proposed adjacent to
residential uses.
-The public Right-of –Way (sidewalk) will be rebuilt
consistent with the street standard in the adopted plan with four
foot tree wells
3. The design, location, size, and operating characteristics of the
proposed activity would be compatible with the existing and future
land uses in the vicinity;
The site has been planned to accommodate anticipated business.
4. The site is physically suitable for the type, density, and intensity of
use being proposed, including access, utilities, and the absence of
physical constraints;
The site is large enough to contain the type and intensity of the
proposed use.
5. Granting the permit would not constitute a nuisance or be injurious
or detrimental to the public interest, health, safety, convenience, or
welfare, or materially injurious to persons, property, or
improvements in the vicinity and zoning district in which the
property is located; and
The proposed site plan is delineated with facilities for pedestrians,
bicyclists and automobile traffic. The site plan also proposes landscape
buffers to separate the commercial use from nearby residential properties
in addition to existing fencing. The site has previously been vacant and an
attractive nuisance in the neighborhood. Having a developed site with a
responsible property owner will increase the public safety in the
neighborhood. The proposal will not constitute a nuisance to the public.
Page 5 of 10
ITEM NO. 11
6. The proposed project has been reviewed in compliance with the
California Environmental Quality Act (CEQA).
An initial study has been completed for the project and a mitigated
negative declaration has been prepared for consideration by the Planning
Commission.
3.
Parking
The proposed use requires 58 parking spaces. The proposal only includes 50
parking spaces and thus the applicant is requesting a parking adjustment. The
reduction constitutes a 14% reduction; through a parking adjustment an
applicant may request an adjustment up to 25%. The findings that must be
reviewed when granting a parking adjustment are as follows:
a.
Due to special circumstances associated with the operations of the
restaurant at this location, the parking demand is less than that required
by Table 3-4.
This location is within the Mendocino Corridor Plan area. Santa Rosa Junior
College and Santa Rosa High School are across the street and thus there will be
a higher than normal pedestrian and bicycle presence, resulting in a lower
parking demand.
b.
The number of parking spaces approved will be sufficient for its
safe, convenient, and efficient operation of the use.
With bicycle parking provided for 20 bicycles along a class two bicycle route and
a large pedestrian and transit population, 50 spaces are sufficient for the normal
operations at this location. Public transportation is readily available for use by
employees and patrons, and the proposed bicycle parking is in excess of the
Code recommended 10% of required parking (6 bicycles). Further, it is estimated
that 50% of the customer base will be drive through, further reducing the need
for parking.
4.
Environmental Review
An Initial Study was prepared on March 16, 2012 and found that the project
would potentially result in environmental effects in Air Quality, Geology/Soils,
Hazards/Hazardous Materials, Hydrology/Water Quality, Transportation/Traffic
and Utilities/Service Systems. The project impacts would be mitigated to a lessthan-significant level through implementation of recommended mitigation
measures or through compliance with existing Municipal Code requirements or
City standards. The Mitigated Negative Declaration circulated for a 20-day
public review period from March 22, 2012 to April 10, 2012.
No comments in regard to the environmental document have been received at
the writing of this report.
Page 6 of 10
ITEM NO. 11
5.
Comments/Actions by Other Review Boards/Agencies
The Chick-Fil-A project went before the Design Review Board as a concept item
on February 16, 2012. The applicant was seeking comment on design prior to
Planning Commission action. The Board was supportive of the design of the
Chick-Fil-A building. The majority of the comments from the board were minor
items that will be addressed through preliminary and final design review.
6.
Neighborhood Comments
A neighborhood meeting was held on December 14, 2011. The applicant
presented the proposal and the community asked questions and voiced
concerns. Many of the concerns were regarding the drive through.
A notice of application was mailed to property owners within 400 feet of the site
on January 16, 2012. Several neighbors have called or e-mailed in regard to the
application in addition to a survey from the Junior College Neighborhood
Association (JCNA). The letters and e-mails are attached for your review and the
concerns are noted and addressed below:
-Mendocino Avenue Corridor Plan
The project has been designed in accordance with the Mendocino Avenue
Corridor Plan. The building meets the design guidelines set out in the plan and
the applicant is required to participate in the construction of a median through a
cash in lieu fee.
-Requirement of a solar covered parking lot
A suggestion has been made asking that Chick-Fil-A construct a parking lot
covered with solar panels to off-set Green House Gas (GHG) emissions. The
initial study analyzes GHG’s associated with the proposed project. The study
concludes that the GHG’s associated with the project are less than significant
according to the Bay Area Air Quality Management District’s threshold of
significance. Since the GHG emissions are less than significant there is nothing
to mitigate, thus the City has no nexus for requiring solar panels in the parking
lot.
-Abundance of existing eating establishments along Mendocino Avenue
Much of the zoning along the east side of Mendocino Avenue is General
Commercial (CG). The code allows any commercial use as set out in the Zoning
Code Table 2-6 under CG. Restaurants are allowed uses under a CG zone. The
City does not regulate the number of each use type of commercial uses within a
zoning district.
Page 7 of 10
ITEM NO. 11
-Opposition to drive through facilities
Many neighbors have voiced concern over a drive through facility in this location.
The Zoning Code allows drive throughs with a Conditional Use Permit and sets
out criteria for drive through facilities, which have been noted above. Staff finds
the proposal is consistent with the development criteria.
-Security
Neighbors have expressed that the site is known for loitering. There has been
some neighborhood concern that the Chick-Fil-A site will continue to be a
location of loitering after hours. The vacant site is derelict and considered an
attractive nuisance. A redeveloped site with an active property owner keeping up
the site and free of debris will discourage loitering.
Staff has asked Chick-Fil-A about the planned after hour’s security for the
property and has found the following:
The Chick-fil-A parking lot lighting turns off approximately one hour after they
close for business. The site will have a camera security on the property and an
alarm system for the building. This location will be managed by an owner
operator who will be monitoring the activity at the property on a daily basis once
the Chick-Fil-A opens for business. If problems with vagrancy exists after
opening Chick-Fil-A will address the problems at that time.
-Trash
Other fast food businesses in the area have a trash problem and it has been
suggested that this project be required to maintain the site free of debris. Staff
has drafted a condition requiring that the Chick-FIl-A site be monitored for trash
pick-up a minimum of two times per day.
-Art in Public Places
There has been concern expressed that the developer would not participate in
the Art in Public Places program. The applicant has contacted the City staff
running the Public Art in Private Development program. The applicant is in the
process of selecting an artist to design a piece to incorporate into the building
site.
-Bicycle drive through
A Burger King at Mission and Highway 12 was approved by the City of Santa
Rosa three years ago. The City required conditions of approval that the new
establishment allow bicycles in the drive through. A comment from the
neighborhood has suggested that Chick-Fil-A also be required to accommodate
bicycles in the drive through.
Page 8 of 10
ITEM NO. 11
Staff has compared the Burger King restaurant to the Chick-Fil-A proposal. The
Burger King restaurant is on State Highway 12. The traffic study prepared for the
restaurant found that the estimated trips would only require a drive through
queue to accommodate 6 cars. If a bicyclist used the drive through they would
wait behind a maximum of 6 cars at peak operating hours. In contrast, the ChickFil-A traffic study finds that a queue with the capacity for 17 cars is needed. A
cyclist using this drive through would potentially need to wait behind 17 cars
which staff feels is not desirable.
Unlike the Burger King restaurant, the design of the Chick-Fil-A site easily
accommodates bicyclists and pedestrians. The restaurant is proposed right at
the City sidewalk and has proposed bicycle parking just off the sidewalk to
accommodate 20 bicycles. The Chick-Fil-A site is also neighborhood serving
with the accommodation of outdoor dining. In contrast, the Burger King site does
not offer outdoor dining.
Because of the design of the building and the neighborhood serving
environment, staff does not recommend requiring Chick-Fil-A to accommodate
bicycles in the drive through.
7.
Public Improvements/On-Site Improvements
There are some public improvements being required with this proposal. The
sidewalk in front of the Chick-Fil-A building will be cut and replaced to be
consistent with the Mendocino Avenue Corridor Plan which includes four new
street trees.
Chick-Fil-A has also proposed an extensive storm water treatment plan
consistent with the City’s newly adopted low impact development standards .
8.
Issues
-Climate Action Plan
The City of Santa Rosa’s draft Climate Action Plan includes a variety of
measures which will reduce Green House Gas (GHG) emissions in Santa Rosa.
Some of these supportive measures are measures that have no numeric GHG
reduction benefit. A proposed ban on drive throughs (measure 5.5.5) is one of
the supportive measures with no impact to GHG reductions.
The Climate Action Plan has not been adopted. If the Plan is adopted with the
drive through ban measure, it would not go into effect until an implementing
ordinance (zoning code amendment) is approved. While it is anticipated the
Climate Action Plan will be adopted in June of this year, there is no timeline
outlined for implementing ordinances called for in the plan. In conclusion, the
draft Climate Action Plan measures do not apply to the review of this project.
-Median as proposed in the Mendocino Avenue Corridor Plan
Page 9 of 10
ITEM NO. 11
The Mendocino Avenue Corridor Plan was adopted by City Council in 2009. In
part, the purpose of the plan was to address multi-modal transportation and
pedestrian safety issues. The plan adopted street design standards and revised
design guidelines for new construction along the corridor. The plan did not make
any changes to the land use types allowed on Mendocino Avenue.
The median along Mendocino Avenue is a key element of the Mendocino
Avenue Corridor Plan. Staff has met and conferred with the City Traffic Engineer
regarding the safety issue of requiring construction of a median only along the
165 feet of project frontage. Through discussions, the Traffic Engineer has
determined the safest way to implement the median is through the City’s Capital
Improvement Program which would propose to build the median block by block.
The Capital Improvement Program (CIP) is a 5-year plan of how the City
proposes to prioritize funding for public infrastructure improvement projects. The
CIP is reviewed annually. The median for Mendocino Avenue is not yet a part of
the CIP.
RECOMMENDATION
Community Development recommends that the Planning Commission, by resolutions,
adopt the Mitigated Negative Declaration for Chick-Fil-A and approve the Conditional
Use Permit for the Chick-Fil-A drive through and 14% parking reduction.
Attachments:
•
•
•
•
•
•
•
•
•
•
•
Location map
Disclosure form
Neighborhood context map
Full Size Plan Set
11x17 color elevations
Neighborhood comment letters
Applicant Narrative
Minutes from the Design Review Board Meeting of 2/16/2012
Initial Study and Mitigated Negative Declaration
Mitigation Monitoring and Reporting Program
Draft resolutions: Mitigated Negative Declaration, Conditional Use Permit
Page 10 of 10
Chick-Fil-A
1452 Mendocino Avenue
3/29/2012
Scale 1: 1,046
0
Miles
0.02
Mitigation Monitoring and Reporting Program
for
Santa Rosa Chick-fil-A
City of Santa Rosa, Sonoma County, California
Prepared for:
City of Santa Rosa Community Development Department
Planning Division
100 Santa Rosa Avenue, Room 3
Santa Rosa, CA 95404
707.543.3200
Contact: Lori MacNab, City Planner
Prepared by:
Michael Brandman Associates
Bishop Ranch 3
2633 Camino Ramon, Suite 460
San Ramon, CA 94583
925.830.2733
Contact:
Jason Brandman, Project Director
Trevor Macenski, Project Manager
March 30, 2012
City of Santa Rosa - Santa Rosa Chick-fil-A
Mitigation Monitoring and Reporting Program
INTRODUCTION
This Mitigation Monitoring and Reporting Program has been prepared in accordance with the
requirements of the California Environmental Quality Act (CEQA) Section 21081.6. Its purpose is to
provide for accomplishment of mitigation measures required by Initial Study Mitigated Negative
Declaration (IS/MND) for the Santa Rosa Chick-fil-A project (project), located at 1452 Mendocino
Avenue (APN 180-490-012) in the City of Santa Rosa, California. The project sites encompasses
1.058 acres and currently contains a vacant 3,206 sq ft former fast-food restaurant building.
The mitigation measures in the IS/MND are included to mitigate or avoid significant impacts on the
environment. This program has been designed to ensure compliance during project implementation.
Mitigation measures and implementation measures identified in the IS/MND have been incorporated
into a checklist. Each mitigation measure and implementation measure is listed separately on the
checklist with appropriate spaces for monitoring the progress of implementation of each measure.
The following information is identified for each measure listed in the checklist:
• The implementation timing of the mitigation measure or implementation measure.
• The party responsible for implementing the mitigation measure or implementation measure.
• The appropriate agency to enforce the mitigation measure or implementation measure.
Mitigation Monitoring and Reporting Program Management
The project includes a number of mitigation measures. To coordinate implementation of each
mitigation measure contained in this Mitigation Monitoring and Reporting Program, a regular review
of the progress of the program is required.
Review of Mitigation Monitoring and Reporting Program
The overall management of the Mitigation Monitoring and Reporting Program will be managed by
the City of Santa Rosa, as applicable to the City’s jurisdiction. The applicant, Chick-fil-A, will
undertake the implementation of the Mitigation Monitoring and Reporting Program as applicable to
Santa Rosa and will prepare a brief progress memorandum based on that implementation. The City,
in turn, will prepare a similar memorandum documenting proper execution by the applicant. The
memorandum from the applicant will be documented with the City of Santa Rosa Community
Development Department and transmitted to the Planning Commission for notification after
completion. The reviewer, City Planner Lori MacNab, will check each mitigation measure in the
Mitigation Monitoring and Reporting Program to determine the status of each implementation
measure. If the mitigation measure has been completed for the project, the reviewer should line
through the mitigation measure on the form, and initial and date the line indicating that the mitigation
measure has been completed.
Michael Brandman Associates
S:\Projects\40760003 CFA Santa Rosa\ISMND\MMRP\40760003 Chick-fil-A MMRP 03-28-2012.doc
1
City of Santa Rosa - Santa Rosa Chick-fil-A
Mitigation Monitoring and Reporting Program
For measures that require a report, program, or plan, the reviewer should determine if that report,
program, or plan is due, based on the progress of implementing the program to date. If the report,
program, or plan is timely, that fact should be reported in the review memorandum to the Planning
Commission. If no such program is necessary at that time, the memorandum should so state.
For ongoing measures, the memorandum should report whether these measures are actively being
pursued, and if not, should address why it was not pursued and what bearing it has on the IS/MND
and if needed, any future action, if appropriate. If the measures are no longer appropriate or
necessary because the environmental effect is no longer an issue, then that fact should be reported in
the review memorandum, and the discontinuation of the mitigation measure should be recommended.
If measures are not being implemented adequately, recommendations should be made to improve the
application of the mitigation measure.
Implementation of Project-Level Mitigation Measures
Project-level mitigation measures are monitored through the City’s planning review process and
discretionary project review. When the project is submitted for planning review and approval, the
City will have a copy of the Mitigation Monitoring and Reporting Program including all pages that
contain measures applicable to that project. Before approving plans, the planning reviewer will
ensure that all mitigation measures are incorporated into building plans, site plans, public
improvements plans, etc. (i.e., those that are not project-design mitigation measures).
Project-Design Mitigation Measures
Project-design mitigation measures will be incorporated into the project design as part of any project
approval, such as road improvements or exterior lighting plans. Such measures may normally be
shown on building plans, site plans, public improvement plans, specifications, or other project
documents. The Mitigation Monitoring and Reporting Program will be used to check off those
mitigation measures required. If a mitigation measure is not shown on the appropriate plan sheets,
plans will be sent back for incorporation of those mitigation measures or approved equivalents. Plans
will not be approved until each mitigation measure is incorporated into the project design.
After plans are approved, and before any design component is approved as complete by the City in its
inspection, the project applicant will submit proof that each mitigation measure shown on the plans
has been incorporated into the constructed project. Verification of compliance will then be noted on
the Mitigation Monitoring and Reporting Program and signed off, completing the process for this
category of mitigation measure.
The monitoring program for measures to be incorporated into project design is the same program that
is currently used to verify compliance with applicable City codes in design and construction. No
additional staffing is required, except that training may be needed to alert inspectors to the new
requirements and the use of the Mitigation Monitoring and Reporting Program. For unique or
Michael Brandman Associates
S:\Projects\40760003 CFA Santa Rosa\ISMND\MMRP\40760003 Chick-fil-A MMRP 03-28-2012.doc
2
City of Santa Rosa - Santa Rosa Chick-fil-A
Mitigation Monitoring and Reporting Program
unusual mitigation measures, it may be appropriate or necessary to contract with consultants to
inspect or verify them.
Construction Mitigation Measures
Construction mitigation measures are designed to reduce the impacts of construction, and generally
require ongoing maintenance during construction. Monitoring will be verified by building, public
works, or grading inspectors, as appropriate, during their regular visits to a site that is under
construction, and reported to Lori MacNab, City Planner or a designee. Reporting mitigation
measure compliance should be required at least monthly, and reports of violations should
immediately be reported to the appropriate department.
Operational Mitigation Measures
Operational mitigation measures are intended to verify the implementation of mitigation measures
that will continue after the project is occupied and in operation. These mitigation measures should be
verified on an annual basis and, if problems are noted, re-inspected on a more frequent basis until the
measure is operating effectively. Monitoring of such measures may be certified by the applicants/
operators with verification by the City. In that event, the City shall exercise its independent judgment
in verifying compliance.
Mitigation Measures versus Implementation Measures
The Santa Rosa Chick-fil-A Project identifies both mitigation measures and implementation
measures. Implementation measures are not mitigation measures. They are State or federal
regulations that are required such as the International Building Codes or other regulations adopted by
the City.
Implementation measures may be required when environmental impacts are less than significant but
State or federal regulations or City ordinances required their implementations. In those cases, both
implementation measures and mitigation measures are identified in this Mitigation Monitoring and
Reporting Program and are equally enforceable.
Availability of Mitigation Monitoring and Reporting Program
The completed Mitigation Monitoring and Reporting Program will be retained in the project file and
will be available for public inspection upon request.
Monitoring Program Fees
For major projects for which the mitigation monitoring effort is substantial, it may be appropriate to
charge mitigation monitoring fees to support the actual costs of project-level mitigation monitoring.
In such cases, the City will charge and collect from the project applicant a fee in the amount of the
anticipated actual cost to the City for monitoring all mitigation measures, including consultant
Michael Brandman Associates
S:\Projects\40760003 CFA Santa Rosa\ISMND\MMRP\40760003 Chick-fil-A MMRP 03-28-2012.doc
3
City of Santa Rosa - Santa Rosa Chick-fil-A
Mitigation Monitoring and Reporting Program
services and costs of administration, for the project as described in this program. The City may
require a deposit that will be applied toward this fee. Any unused portion of the deposit will be
refunded. In the case of a project where the applicant will not be associated with the project after
construction, the City will charge the anticipated cost of operation of the Mitigation Monitoring and
Reporting Program for an appropriate period in advance.
Sanctions/Penalties
The City may levy sanctions or penalties established by resolution or ordinance for violations of
conditions listed in the monitoring program. These sanctions and penalties may include:
1. Civil penalties/fines according to City codes.
2. “Stop work” orders.
3. Revocation of permits.
4. Holding issuance of Certificate of Occupancy until completion of work.
5. Forfeiture of performance bonds.
6. Agency implementation of measures with appropriate charges to the applicant based on
Mitigation Monitoring and Reporting Program agreements.
Dispute Resolution
In the event of a disagreement between the City and project applicants/operators regarding the
monitoring program, including manner of payment, penalties for noncompliance, and financial
security arrangements, the following procedure—or other appropriate procedure as provided for in
the applicable Santa Rosa City Code or CEQA Guidelines—will be followed:
1. The City’s representative will attempt to resolve the disagreement. If the disagreement
cannot be resolved, the applicable City’s representative will prepare a report documenting the
source of the dispute and the City’s position.
2. The City’s representative will take the report at which time the City will determine the
resolution of the disagreement.
3. The decision of the City may be appealed to the Planning Commission on payment of the
City’s standard fee for appeal. Subsequently, the decision of the Planning Commission may
be further appealed to the City Council on payment of the City’s standard fee for appeal. The
decision of the City Council shall determine the outcome of the appeal.
Michael Brandman Associates
S:\Projects\40760003 CFA Santa Rosa\ISMND\MMRP\40760003 Chick-fil-A MMRP 03-28-2012.doc
4
City of Santa Rosa - Santa Rosa Chick-fil-A
Mitigation Monitoring and Reporting Program
Table 1: Santa Rosa Chick-fil-A Project
Mitigation Monitoring and Reporting Program
Mitigation Measures
MM-AIR-1: During construction activities, the
following air pollution control measures shall be
implemented:
• 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 offsite 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.
Implementation
Procedure
Monitoring
Responsibility
Incorporate into
project design and
construction
documents; on-site
observation.
Building Division
Monitoring /
Reporting Action &
Schedule
Verification of
incorporation into
design and
construction
documents prior to
issuance of building
permit.
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
Deny issuance of
building permit.
Stop construction
until compliance.
Monitor during
regularly
scheduled
inspections.
• All vehicle speeds on unpaved roads and surfaces shall be
limited to 15 mph.
• All roadways, driveways, and sidewalks shall be paved as
soon as possible.
• A publicly visible sign shall be posted with the telephone
number and person to contact at the City of Santa Rosa
regarding dust complaints. This person shall respond and
take corrective action within 48 hours of a complaint or
issue notification. The Bay Area Air Quality Management
District’s phone number shall also be visible to ensure
compliance with applicable regulations.
Michael Brandman Associates
S:\Projects\40760003 CFA Santa Rosa\ISMND\MMRP\40760003 Chick-fil-A MMRP 03-28-2012.doc
5
City of Santa Rosa - Santa Rosa Chick-fil-A
Mitigation Measures
MM-AIR-2: During project construction activities, all
diesel-fueled off-road construction equipment shall use
all or some of following technology to demonstrate a
reduction of PM2.5 exhaust of a minimum of 56 percent
from the statewide average:
Mitigation Monitoring and Reporting Program
Implementation
Procedure
Monitoring
Responsibility
Incorporate into
project design and
construction
documents; on-site
observation.
Building Division
• Tier 2-certified offroad engine, and/or
• Tier 3-certifeid offroad engine, and/or
Monitoring /
Reporting Action &
Schedule
Verification of
incorporation into
design and
construction
documents prior to
issuance of building
permit.
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
Deny issuance of
building permit.
Stop construction
until compliance.
Monitor during
regularly scheduled
inspections.
• Level 2 Diesel Emissions Control Strategy (DECS) control,
and/or
• Level 3 DECS control
More information on currently certified DECS
equipment and controls can be found at:
http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm.
MM CUL-1: It is always possible that ground-disturbing
activities during construction may uncover previously
unknown, buried historic resources. In the event that buried
historic resources are discovered during construction,
operations shall stop within 50 feet of the find and a qualified
archaeologist shall be consulted to determine whether the
resource requires further study. The City shall include a
standard inadvertent discovery clause in every construction
contract to inform contractors of this requirement. The
archaeologist shall make recommendations concerning
appropriate measures that will be implemented to protect the
resources, including but not limited to excavation and
evaluation of the finds in accordance with Section 15064.5 of
the CEQA Guidelines. Historic resources could consist of, but
are not limited to, stone, wood, or shell artifacts, structural
remains, privies, or historic dumpsites. Any previously
undiscovered resources found during construction within the
project area should be recorded on appropriate Department of
Parks and Recreation (DPR) 523 forms and evaluated for
significance in terms of CEQA criteria.
Michael Brandman Associates
S:\Projects\40760003 CFA Santa Rosa\ISMND\MMRP\40760003 Chick-fil-A MMRP 03-28-2012.doc
On-site observation
(by disturbance
coordinator)
Building Division
During
construction.
Stop work.
6
City of Santa Rosa - Santa Rosa Chick-fil-A
Mitigation Monitoring and Reporting Program
Monitoring /
Reporting Action &
Schedule
Implementation
Procedure
Monitoring
Responsibility
MM CUL-2: It is always possible that ground-disturbing
activities during construction may uncover previously
unknown, archaeological resources. In the event that
archaeological resources are discovered during construction,
operations shall stop within 50 feet of the find and a qualified
archaeologist shall be consulted to determine whether the
resource requires further study. The City shall include a
standard inadvertent discovery clause in every construction
contract to inform contractors of this requirement. The
archaeologist shall make recommendations concerning
appropriate measures that will be implemented to protect the
resources, including but not limited to, excavation and
evaluation of the finds in accordance with Section 15064.5 of
the CEQA Guidelines. Cultural resources could consist of, but
are not limited to, stone, bone, wood, or shell artifacts or
features, including hearths. Any previously undiscovered
resources found during construction within the project area
should be recorded on appropriate Department of Parks and
Recreation (DPR) 523 forms and evaluated for significance in
terms of CEQA criteria.
On-site observation
(by disturbance
coordinator).
Building Division
(Contractor)
During
construction.
Stop work.
MM CUL-3: In the event a fossil is discovered during
construction for the proposed project, excavations within 50
feet of the find shall be temporarily halted or delayed until the
discovery is examined by a qualified paleontologist, in
accordance with Society of Vertebrate Paleontology standards.
The City shall include a standard inadvertent discovery clause
in every construction contract to inform contractors of this
requirement. If the find is determined to be significant and if
avoidance is not feasible, the paleontologist shall design and
carry out a data recovery plan consistent with the Society of
Vertebrate Paleontology standards.
On-site observation
(by disturbance
coordinator).
Building Division
(Contractor)
During
construction.
Stop work.
Mitigation Measures
Michael Brandman Associates
S:\Projects\40760003 CFA Santa Rosa\ISMND\MMRP\40760003 Chick-fil-A MMRP 03-28-2012.doc
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
7
City of Santa Rosa - Santa Rosa Chick-fil-A
Mitigation Monitoring and Reporting Program
Implementation
Procedure
Monitoring
Responsibility
On-site observation
MM CUL-4: In the event of the accidental discovery or
(by disturbance
recognition of any human remains, CEQA Guidelines
§ 15064.5; Health and Safety Code § 7050.5; Public Resources coordinator).
Code § 5097.94 and § 5097.98 must be followed. If during the
course of project development there is accidental discovery or
recognition of any human remains, the following steps shall be
taken:
• There shall be no further excavation or disturbance of the
site or any nearby area reasonably suspected to overlie
adjacent human remains until the County Coroner is
contacted to determine if the remains are Native American
and if an investigation of the cause of death is required. If
the coroner determines the remains to be Native American,
the coroner shall contact the Native American Heritage
Commission (NAHC) within 24 hours, and the NAHC shall
identify the person or persons it believes to be the “most
likely descendant” (MLD) of the deceased Native American.
The MLD may make recommendations to the landowner or
the person responsible for the excavation work within 48
hours, for means of treating or disposing of, with appropriate
dignity, the human remains and any associated grave goods
as provided in PRC Section 5097.98.
• Where the following conditions occur, the landowner or his
authorized representative shall rebury the Native American
human remains and associated grave goods with appropriate
dignity either in accordance with the recommendations of
the most likely descendant or on the project site in a location
not subject to further subsurface disturbance:
- The NAHC is unable to identify a most likely descendent
or the most likely descendent failed to make a
recommendation within 48 hours after being notified by
the commission.
- The descendant identified fails to make a
recommendation.
- The landowner or his authorized representative rejects the
recommendation of the descendant, and mediation by the
Building Division
(Contractor)
Mitigation Measures
Michael Brandman Associates
S:\Projects\40760003 CFA Santa Rosa\ISMND\MMRP\40760003 Chick-fil-A MMRP 03-28-2012.doc
Monitoring /
Reporting Action &
Schedule
During construction.
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
Stop work.
8
City of Santa Rosa - Santa Rosa Chick-fil-A
Mitigation Monitoring and Reporting Program
Implementation
Procedure
Monitoring
Responsibility
MM-GEO-1: Prior to the issuance of a grading permit,
project plans shall reflect the soils within the proposed new
building area and an appropriate distance beyond (3 feet
minimum beyond foundation influence zone and for hardscape
support) being over-excavated to a depth of at least 2 feet
below existing grade or planned pad grade, and at least 1 foot
below the bottom of foundations and floor slab whichever is
lower in elevation. The soils exposed at the base of this
recommended over-excavation should be examined by the
geotechnical engineer to document that the soils are suitable
for building support. Prior to placement of fill, the exposed
surfaces approved for fill placement should first be scarified to
an approximate depth of at least 6-inches, water conditioned or
air dried and then recompacted in place to a minimum relative
compaction of at least 90 percent of the maximum dry density
as determined by Modified Proctor (American Society Testing
Materials D 1557-00).
Incorporate into
project design and
construction
documents; on-site
observation.
Building Division
MM-GEO-2: Prior to the issuance of a building permit,
project plans shall reflect a building foundation design with
shallow spread footing foundation systems or turned-down
slabs designed for a maximum, net allowable soil pressure of
3,000 pounds square-foot (psf) soil bearing pressure supported
on newly placed structural compacted fill. Minimum
reinforcing in the strip footings is recommended to consist of
four No. 5 bars (2 top and 2 bottom).
Incorporate into
project design and
construction
documents; on-site
observation.
Building Division
Mitigation Measures
Monitoring /
Reporting Action &
Schedule
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
NAHC fails to provide measures acceptable to the
landowner.
Verification of
incorporation into
design and
construction
documents prior to
issuance of building
permit.
Monitor during
regularly scheduled
inspections.
Deny issuance of
building permit.
Verification of
incorporation into
design and
construction
documents prior to
issuance of building
permit.
Deny issuance of
building permit.
Stop work.
Stop work.
Monitor during
regularly scheduled
inspections
Michael Brandman Associates
S:\Projects\40760003 CFA Santa Rosa\ISMND\MMRP\40760003 Chick-fil-A MMRP 03-28-2012.doc
9
City of Santa Rosa - Santa Rosa Chick-fil-A
Mitigation Monitoring and Reporting Program
Implementation
Procedure
Monitoring
Responsibility
MM-GEO-3: Prior to the issuance of a building permit,
project plans shall reflect that the on grade building floor slab
be a minimum of 5-inch thick slab-on-grade or turned-down
slab, underlain by a minimum 4-inch thick granular materialsupported on a properly prepared subgrade. Due to the
presence of soils, the floor slab should be designed per Wire
Reinforcement Institute design criteria. Minimum slab
reinforcing recommended consisting of No. 4 rebars spaced at
18-inches on center, each way.
Incorporate into
project design and
construction
documents; on-site
observation.
Building Division
MM-GEO-4: Prior to the issuance of a building permit,
Incorporate into
project design and
construction
documents; on-site
observation.
Mitigation Measures
project plans shall reflect new asphalt pavements with 3-inches
of asphaltic concrete underlain by 7 and 10 inches of base
course in parking stall and drive lane areas, respectively.
Portland Cement Concrete shall consist of 6.5-inches in
thickness underlain by 4-inches of base course in high stress
areas, such as the entrance/exit aprons, drive-though lane, and
the trash enclosure-loading zone.
Monitoring /
Reporting Action &
Schedule
Verification of
incorporation into
design and
construction
documents prior to
issuance of building
permit.
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
Deny issuance of
building permit.
Stop work.
Monitor during
regularly scheduled
inspections
Building Division
Verification of
incorporation into
design and
construction
documents prior to
issuance of building
permit.
Deny issuance of
building permit.
Stop work.
Monitor during
regularly scheduled
inspections
MM-HAZ-1: Prior to the first day of operations, the project
applicant shall submit to Santa Rosa Fire Department/
Hazardous Materials Division, a Hazardous Materials
Business Plan. The Hazardous Materials Business Plan shall
outline the types and quantities of hazardous materials used
onsite and indicate onsite safety measures to ensure such
materials are properly handled and stored.
Michael Brandman Associates
S:\Projects\40760003 CFA Santa Rosa\ISMND\MMRP\40760003 Chick-fil-A MMRP 03-28-2012.doc
Submit prior to the
first day of operations.
Santa Rosa Fire
Department
Hazardous
Materials Division
Verification of
Hazardous
Materials Business
Plan prior to
issuance of
certificate of
occupancy.
Deny issuance of
certificate of
occupancy.
10
City of Santa Rosa - Santa Rosa Chick-fil-A
Mitigation Measures
MM-HAZ-2: Prior to demolition, all asbestos materials shall
be removed by a licensed asbestos contractor and a California
certified asbestos consultant shall be used to perform
abatement project planning, monitoring, and oversight and
reporting.
MM-HAZ-3: Prior to the commencement of project
construction, a compliant monitoring well shall be installed at
the project site to verify the concentrations of barium and lead
in the groundwater. Upon verification, the monitoring well
shall be closed.
Mitigation Monitoring and Reporting Program
Implementation
Procedure
Incorporate into
project design and
construction
documents.
Incorporate into
project design and
construction
documents; on-site
observation.
Monitoring
Responsibility
Building Division
Sonoma County
Department of
Health Services
Environmental
Health and Safety
Division
Monitoring /
Reporting Action &
Schedule
Verification of
incorporation into
design and
construction
documents prior to
issuance of
demolition permit.
Monitor during
regularly scheduled
inspections
Verification of
incorporation into
design and
construction
documents prior to
issuance of building
permit.
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
Deny issuance of
demolition
permit.
Stop work.
Deny issuance of
building permit.
Stop work.
Monitor during
regularly scheduled
inspections
MM-HYD-1: The project applicant shall comply with all
requirements of the City Standard Storm Water Mitigation
Plan Guidelines using Low Impact Development Best
Management Practices. Final project plans shall address storm
water quality and quantity as well as a maintenance agreement
to assure continuous maintenance of the source and treatment.
Prior to grading permit issuance, a Final Standard Urban
Water Management Plan (SUSMP) using LID BMPs shall be
submitted to the City’s Public Works Engineering
Development Services Division for review and approval. The
SUSMP shall reflect all private SUSMP structures being
located outside of public right of way and public utility
easements. All SUSMP site improvements shall be shown on
the building permit site plans to the satisfaction of the City’s
Public Works Engineering Development Services Division.
Michael Brandman Associates
S:\Projects\40760003 CFA Santa Rosa\ISMND\MMRP\40760003 Chick-fil-A MMRP 03-28-2012.doc
Incorporate into
project design and
construction
documents.
Santa Rosa Public
Works Department
Engineering
Development
Services Division
Verification of
incorporation into
design and
construction
documents prior to
issuance of grading
permit.
Deny issuance of
grading permit.
Stop work.
Monitor during
regularly scheduled
inspections
11
City of Santa Rosa - Santa Rosa Chick-fil-A
Mitigation Measures
Mitigation Monitoring and Reporting Program
Implementation
Procedure
Monitoring
Responsibility
Monitoring /
Reporting Action &
Schedule
Non-Compliance
Sanction/Activity
MM-HYD-2: Prior to building permit issuance, the
project applicant shall submit landscape and irrigation
plans in conformance with the Water Efficient
Landscape Ordinance adopted by the Santa Rosa City
Council, Resolution No. 27518, on November 17, 2009.
The submittal shall include the Maximum Applied
Water Allowance and Hydrozone Table.
Incorporate into
project design and
construction
documents.
Building Division
Verification of
incorporation into
design and
construction
documents prior to
issuance of building
permit.
Deny issuance of
building permit.
MM-NOI-1: The Applicant shall implement the
following measures during project-related construction:
Incorporate into
project design and
construction
documents; on-site
observation.
Building Division
Verification of
incorporation into
design and
construction
documents prior to
issuance of building
permit.
Deny issuance of
building permit.
• To avoid noise-sensitive hours of the day, construction
activities shall be limited to between 7 AM and 7 PM,
Monday through Friday and 8 AM to 6 PM Saturdays.
Construction activities shall be prohibited on Sundays and
holidays.
• Construction equipment noise shall be minimized by
muffling and shielding intakes and exhaust on construction
equipment (in accordance with the manufacturer’s
specifications) and by shrouding or shielding impact tools.
Monitoring
Compliance
Record
(Name/Date)
Stop work.
Monitor during
regularly
scheduled
inspections
• Construction contractors shall locate fixed construction
equipment (such as compressors and generators) and
construction staging areas as far as possible from nearby
residences and as close as possible to Mendocino Avenue.
MM-TRANS-1: Prior to building permit issuance, the project
applicant shall submit plans, which reflect no signage or
vegetation, with the exception of tree trunks, in the area
between two feet and seven feet above the sidewalk to provide
clear sight lines.
Incorporate into
project design and
construction
documents.
Santa Rosa Public
Works Department
Engineering
Development
Services Division
Verification of
incorporation into
design and
construction
documents prior to
issuance of building
permit.
Deny issuance of
building permit.
Stop work.
Monitor during
regularly scheduled
inspections
Michael Brandman Associates
S:\Projects\40760003 CFA Santa Rosa\ISMND\MMRP\40760003 Chick-fil-A MMRP 03-28-2012.doc
12
City of Santa Rosa - Santa Rosa Chick-fil-A
Mitigation Measures
MM-USS-1: Prior to issuance of building permits, the project
applicant shall submit building plans to the City of Santa Rosa
for review and approval that identify the following indoor
water conservation measures:
• Separate metering of domestic water.
• Low-flow or ultra-low-flow toilets and urinals.
• Faucet aerators or low-flow faucets in bathrooms.
Michael Brandman Associates
S:\Projects\40760003 CFA Santa Rosa\ISMND\MMRP\40760003 Chick-fil-A MMRP 03-28-2012.doc
Mitigation Monitoring and Reporting Program
Implementation
Procedure
Incorporate into
project design and
construction
documents.
Monitoring
Responsibility
Building Division
Monitoring /
Reporting Action &
Schedule
Verification of
incorporation into
design and
construction
documents prior to
issuance of building
permit.
Non-Compliance
Sanction/Activity
Monitoring
Compliance
Record
(Name/Date)
Deny issuance of
building permit.
Stop work.
Monitor during
regularly scheduled
inspections
13
From: Bill Zimmerman [mailto:[email protected]]
Sent: Tuesday, April 03, 2012 3:45 PM
To: '[email protected]'; '[email protected]'; '[email protected]';
'[email protected]'; '[email protected]'; '[email protected]'; '[email protected]';
Ours, Jake; Bartley, Scott
Cc: Macnab, Lori; 'Ichsan, Tony'; 'Chong, Frank'; 'Jenny Bard'; Sprinkle, Rob
Subject: FW: Neighborhood News
Dear City Council Members,
The City Planning Dept issuance of a Mitigated Negative Declaration appears to further Chik-Fil-A’s
wrong-headed goal of developing another drive-through restaurant on Mendocino Ave across from
SRJC. With McDonalds on one side and Taco Bell on the other, there are already too many drivethrough automobile magnets for our traffic impacted Mendocino Avenue Corridor. The proposed
Development, furthermore, is contrary to the stated objective in the Draft Initial Study on the very
Project it obviously otherwise seeks to promote. Section 1.2 is titled Project Objective and the “primary
objectives” listed include as the very first bullet point, “…to…meet the demands of local residents”. In
light of the recent Junior College Neighborhood Association (JCNA) opposition to the Project, it
predictably turns out that any restaurant with a drive-through fails to meet that first primary objective
listed in the Chik-Fil-A “Study”. Below this email please find correspondence from the JCNA for your
reference.
In fact, the “Study” makes it sound like there is no traffic issue. Any of us who have both read the
“Study” and sat through two or three red light cycles on Mendocino going south at College know that
the “Study” is patently flawed. I found no mention at all of that intersection in the “Study”, no mention
of the similar (sometimes worse) delays getting to 101 on College from that intersection, and also no
mention of traffic counts into and out of the much smaller McDonalds and Taco Bell. Why not? Aren’t
those the logical places to start the traffic part of the “Study”? How was the out-of-Town and obviouslyunfamiliar Consultant that designed the traffic portion of the “Study” picked and directed, and who paid
them? The identified 2,158 average trips per day would exacerbate existing peak hour traffic congestion
problems, among others, and actual trips may be significantly higher than projected. Furthermore, the
110 PM Peak Hour trips must be wrong by any measure you or I would use in a fair allocation of trips,
i.e., it is simply unbelievable that only 110 (5%) of 2,158 daily trips are for dinner at Peak Hour. What
was the methodology, and was it appropriate for a mixed residential area even though a lot of drivethrough businesses are highway commercial? It seems there is some monkey business going on with
the “Study”. It is not serious, reasonable or fair in treatment of traffic impacts, at least. Other areas of
the “Study” deserve hyper scrutiny, as well, in light of these failings.
Consistency with the former Burger King drive-through use is not a valid argument, either. Now that the
area has grown more congested, a drive-through is ever worse of a use for that location. Furthermore,
whomever left it vacant for so many years (and their successors in interest, if any) should have no right,
after so blighting the Neighborhood for so long, to argue for consistency. They lost that right years and
years ago, along with any deference prior City Council’s might once have been willing to consider. (I
hope this point can be clarified by our City Attorney to our Traffic Department.) It’s a great location for
many uses, but yet another drive-through is an awful idea. Shame on them for leaving it vacant so long,
including several YEARS of boom times.
I am not affiliated with Taco Bell or McDonalds, and do not frequent them. I favor long term solutions
and, since I live in and have a service Business with employees in the JC Neighborhood, I get to see
what’s going on with traffic daily and at all hours. I am growing children here. We walk and ride bikes in
the neighborhood. We also drive and suffer the traffic, including a lot of teenage drivers, on Mendocino
Avenue during peak hours, and during which another drive-through would obviously result in piling it
on.
The JC Neighborhood is the face of Santa Rosa to so many people, and a source of pride to our whole
City for many reasons. A huge number of students, faculty and administrators travel along Mendocino
from both in and outside of the JC Area. Many other school’s sports teams and fans visit SRJC and SRHS
from other towns and cities. These schools have vibrant arts programs also attracting students and
audiences from both in and outside of the Neighborhood. Many workers drive the Mendocino Corridor
to get to the County Administration and City Schools Administration. Many healthcare workers and
patients drive the Mendocino Corridor to Kaiser’s Santa Rosa Campus. The legacy of the JC area,
including REDUCING congestion, is more important and a better investment in the long term future of
our JC Neighborhood and the whole City than any fast food drive-through restaurant, however
incremental they might be able to make their impact seem in advance with an overtly flawed “Study”.
Thank you for protecting the JC Neighborhood and keeping big business from further scavenging off and
perpetuating our already highly traffic congested areas. And thank you for supporting the JCNA and
Mendocino Avenue Corridor goals of MORE pedestrian/bicycle/planet-friendly development that, by
definition, excludes traffic magnets like drive-throughs more suitable to highway commercial zones.
Please let me know if I may be of any service to you in promulgating that protection and support.
Yours truly,
-Bill
William H. Zimmerman, Owner/Broker
INSIGHT Agency, a Member of Pacific Interstate Insurance Brokers
Insurance Services
521 College Ave, Suite 111
PO Box 5230
Santa Rosa, CA 95402
[email protected]
Office Phone: (707) 843-5425
Cell: (707) 321-6099
Cell: (415) 728-7028
Office Fax: (707) 843-5426
From: kate luna [mailto:[email protected]]
Sent: Thursday, April 05, 2012 11:00 AM
To: Macnab, Lori
Subject: Chik-Fil-A
Dear City Council Members,
I have read the following letter from a neighbor here in the JC
Neighborhood and I am in complete agreement and could not say it more
clearly than he has.
Thank you
Kate Luna
Dear City Council Members,
The City Planning Dept issuance of a Mitigated Negative Declaration appears to
further Chik-Fil-A’s wrong-headed goal of developing another drive-through
restaurant on Mendocino Ave across from SRJC. With McDonalds on one side and
Taco Bell on the other, there are already too many drive-through automobile
magnets for our traffic impacted Mendocino Avenue Corridor. The proposed
Development, furthermore, is contrary to the stated objective in the Draft Initial
Study on the very Project it obviously otherwise seeks to promote. Section 1.2 is
titled Project Objective and the “primary objectives” listed include as the very first
bullet point, “…to…meet the demands of local residents”. In light of the recent
Junior College Neighborhood Association (JCNA) opposition to the Project, it
predictably turns out that any restaurant with a drive-through fails to meet that
first primary objective listed in the Chik-Fil-A “Study”. Below this email please
find correspondence from the JCNA for your reference.
In fact, the “Study” makes it sound like there is no traffic issue. Any of us who
have both read the “Study” and sat through two or three red light cycles on
Mendocino going south at College know that the “Study” is patently flawed. I
found no mention at all of that intersection in the “Study”, no mention of the
similar (sometimes worse) delays getting to 101 on College from that intersection,
and also no mention of traffic counts into and out of the much smaller McDonalds
and Taco Bell. Why not? Aren’t those the logical places to start the traffic part of
the “Study”? How was the out-of-Town and obviously-unfamiliar Consultant that
designed the traffic portion of the “Study” picked and directed, and who paid
them? The identified 2,158 average trips per day would exacerbate existing peak
hour traffic congestion problems, among others, and actual trips may be
significantly higher than projected. Furthermore, the 110 PM Peak Hour trips
must be wrong by any measure you or I would use in a fair allocation of trips, i.e.,
it is simply unbelievable that only 110 (5%) of 2,158 daily trips are for dinner at
Peak Hour. What was the methodology, and was it appropriate for a mixed
residential area even though a lot of drive-through businesses are highway
commercial? It seems there is some monkey business going on with the “Study”.
It is not serious, reasonable or fair in treatment of traffic impacts, at least. Other
areas of the “Study” deserve hyper scrutiny, as well, in light of these failings.
Consistency with the former Burger King drive-through use is not a valid
argument, either. Now that the area has grown more congested, a drive-through
is ever worse of a use for that location. Furthermore, whomever left it vacant for
so many years (and their successors in interest, if any) should have no right, after
so blighting the Neighborhood for so long, to argue for consistency. They lost that
right years and years ago, along with any deference prior City Council’s might
once have been willing to consider. (I hope this point can be clarified by our City
Attorney to our Traffic Department.) It’s a great location for many uses, but yet
another drive-through is an awful idea. Shame on them for leaving it vacant so
long, including several YEARS of boom times.
I am not affiliated with Taco Bell or McDonalds, and do not frequent them. I favor
long term solutions and, since I live in and have a service Business with employees
in the JC Neighborhood, I get to see what’s going on with traffic daily and at all
hours. I am growing children here. We walk and ride bikes in the neighborhood.
We also drive and suffer the traffic, including a lot of teenage drivers, on
Mendocino Avenue during peak hours, and during which another drive-through
would obviously result in piling it on.
The JC Neighborhood is the face of Santa Rosa to so many people, and a source of
pride to our whole City for many reasons. A huge number of students, faculty and
administrators travel along Mendocino from both in and outside of the JC Area.
Many other school’s sports teams and fans visit SRJC and SRHS from other towns
and cities. These schools have vibrant arts programs also attracting students and
audiences from both in and outside of the Neighborhood. Many workers drive
the Mendocino Corridor to get to the County Administration and City Schools
Administration. Many healthcare workers and patients drive the Mendocino
Corridor to Kaiser’s Santa Rosa Campus. The legacy of the JC area, including
REDUCING congestion, is more important and a better investment in the long
term future of our JC Neighborhood and the whole City than any fast food drivethrough restaurant, however incremental they might be able to make their
impact seem in advance with an overtly flawed “Study”.
Thank you for protecting the JC Neighborhood and keeping big business from
further scavenging off and perpetuating our already highly traffic congested
areas. And thank you for supporting the JCNA and Mendocino Avenue Corridor
goals of MORE pedestrian/bicycle/planet-friendly development that, by
definition, excludes traffic magnets like drive-throughs more suitable to highway
commercial zones. Please let me know if I may be of any service to you in
promulgating that protection and support.
Yours truly,
-Bill
William H. Zimmerman, Owner/Broker
INSIGHT Agency, a Member of Pacific Interstate Insurance Brokers
Insurance Services
521 College Ave, Suite 111
PO Box 5230
Santa Rosa, CA 95402
From: O [mailto:[email protected]]
Sent: Thursday, April 05, 2012 9:00 AM
To: '[email protected]'; '[email protected]'; '[email protected]';
'[email protected]'; '[email protected]'; '[email protected]'; '[email protected]';
Ours, Jake; Bartley, Scott; Macnab, Lori; 'Ichsan, Tony'; 'Chong, Frank'; 'Jenny Bard'; Sprinkle, Rob
Subject: RE: Chick- Fil-A
Rebuttal to Letter
Dear City Council Members,
The City Planning Dept issuance of a Mitigated Negative Declaration appears to further Chik-FilA’s wrong-headed goal of developing another drive-through restaurant on Mendocino Ave
across from SRJC. With McDonalds on one side and Taco Bell on the other, there are already
too many drive-through automobile magnets for our traffic impacted Mendocino Avenue
Corridor. The proposed Development, furthermore, is contrary to the stated objective in the
Draft Initial Study on the very Project it obviously otherwise seeks to promote. Section 1.2 is
titled Project Objective and the “primary objectives” listed include as the very first bullet point,
“…to…meet the demands of local residents”. In light of the recent Junior College
Neighborhood Association (JCNA) opposition to the Project, it predictably turns out that
any restaurant with a drive-through fails to meet that first primary objective listed in the
Chik-Fil-A “Study”.
I am a longtime Local resident who has voiced support for changing the vacant weed strewn
vacant lot into a viable business. Not everyone supports pushing one sided value judgments on
business. A new business on this site would go a long way to help remedy the blighted look of
northern Mendocino Ave.
Below this email please find correspondence from the JCNA for your reference.
In fact, the “Study” makes it sound like there is no traffic issue. Any of us who have both read
the “Study” and sat through two or three red light cycles on Mendocino going south at College
know that the “Study” is patently flawed. I found no mention at all of that intersection in the
“Study”, no mention of the similar (sometimes worse) delays getting to 101 on College from that
intersection, and also no mention of traffic counts into and out of the much smaller McDonalds
and Taco Bell. Why not? Aren’t those the logical places to start the traffic part of the “Study”?
As I see it the major factor in traffic delays on Mendocino Avenue are the transit buses, both
local and county-wide that block complete lanes of traffic while picking up and dropping off
passengers. I am not anti bus, I feel they should be more frequent and smaller and have turn
outs to completely leave the city street while embarking and disembarking passengers, thus
creating more exhaust from idling vehicles than a drive through would ever produce
Regarding delays to College Ave Hwy 101 entrance; The traffic was totally impacted by SRJC
making the parking garage on Mendocino the focal entrance to the college, when a garage off of
Armory drive would have had less of an impact on traffic
How was the out-of-Town and obviously-unfamiliar Consultant that designed the traffic portion
of the “Study” picked and directed, and who paid them? The identified 2,158 average trips per
day would exacerbate existing peak hour traffic congestion problems, among others, and actual
trips may be significantly higher than projected. Furthermore, the 110 PM Peak Hour trips must
be wrong by any measure you or I would use in a fair allocation of trips, i.e., it is simply
unbelievable that only 110 (5%) of 2,158 daily trips are for dinner at Peak Hour. What was the
methodology, and was it appropriate for a mixed residential area even though a lot of drivethrough businesses are highway commercial? It seems there is some monkey business going
on with the “Study”. It is not serious, reasonable or fair in treatment of traffic impacts, at least.
Other areas of the “Study” deserve hyper scrutiny, as well, in light of these failings.
Consistency with the former Burger King drive-through use is not a valid argument, either. Now
that the area has grown more congested, a drive-through is ever worse of a use for that
location. Furthermore, whomever left it vacant for so many years (and their successors in
interest, if any) should have no right, after so blighting the Neighborhood for so long, to argue
for consistency. They lost that right years and years ago, along with any deference prior City
Council’s might once have been willing to consider. (I hope this point can be clarified by our
City Attorney to our Traffic Department.) It’s a great location for many uses, but yet another
drive-through is an awful idea. Shame on them for leaving it vacant so long, including several
YEARS of boom times.
As long as a resident or business pays their taxes, they do not lose any "rights" in America. If
this were true I have list of businesses and rentals that should be abated. How about the former
smog check across from the JC?
I am not affiliated with Taco Bell or McDonalds, and do not frequent them. I favor long term
solutions and, since I live in and have a service Business with employees in the JC
Neighborhood, I get to see what’s going on with traffic daily and at all hours. I am growing
children here. We walk and ride bikes in the neighborhood. We also drive and suffer the traffic,
including a lot of teenage drivers, on Mendocino Avenue during peak hours, and during which
another drive-through would obviously result in piling it on.
The JC Neighborhood is the face of Santa Rosa to so many people, and a source of pride to our
whole City for many reasons. A huge number of students, faculty and administrators travel
along Mendocino from both in and outside of the JC Area. Many other school’s sports teams
and fans visit SRJC and SRHS from other towns and cities. These schools have vibrant arts
programs also attracting students and audiences from both in and outside of the Neighborhood.
Many workers drive the Mendocino Corridor to get to the County Administration and City
Schools Administration. Many healthcare workers and patients drive the Mendocino Corridor to
Kaiser’s Santa Rosa Campus. The legacy of the JC area, including REDUCING congestion, is
more important and a better investment in the long term future of our JC Neighborhood and the
whole City than any fast food drive-through restaurant, however incremental they might be able
to make their impact seem in advance with an overtly flawed “Study”.
Thank you for protecting the JC Neighborhood and keeping big business from further
scavenging off (????Anti Business?) and perpetuating our already highly traffic congested
areas. And thank you for supporting the JCNA and Mendocino Avenue Corridor goals of MORE
pedestrian/bicycle/planet-friendly development that, by definition, excludes traffic magnets like
drive-throughs more suitable to highway commercial zones.
Regarding judgments as to food type or nutrition, if you don't like it, don’t eat it
Please let me know if I may be of any service to you in promulgating that protection and
support.
Yours truly,
-Bill
William H. Zimmerman, Owner/Broker
INSIGHT Agency, a Member of Pacific Interstate Insurance Brokers
Insurance Services
521 College Ave, Suite 111
PO Box 5230
Santa Rosa, CA 95402
[email protected]
From: Jerry Cornacchio [mailto:[email protected]]
Sent: Thursday, April 05, 2012 2:05 AM
To: Macnab, Lori
Subject: Chick-Fil-A
Please don't add to the traffic nightmare potential of the Junior College neighborhood. We don't
need another fast food place here... give the new Culinary Institute a chance to show students
and neighbors what healthy, nutritious food is.
Thank you,
Joseph G Cornacchio
733 Slater St
From: Jeremy Joan Hewes [mailto:[email protected]]
Sent: Thursday, April 05, 2012 11:33 AM
To: Macnab, Lori
Cc: Jeremy Joan Hewes
Subject: Please NO MORE drive-through fast food!
Hello Lori,
As a resident of the JC neighborhood and supporter of community efforts and events, I strongly oppose
any permit to allow Chick Fil A or any other drive-through business to begin operation on Mendocino
Avenue in the area of the Junior College. I agree with local insurance agent Bill Zimmerman in his
arguments against the establishment and his contention that the study associated with a move to allow this
restaurant is deeply flawed.
Please listen to the residents and business owners in the JC neighborhood and deny permission for a
drive-through restaurant.
Thanks for your consideration. Sincerely, (Ms.) Jeremy Joan Hewes, 807 Humboldt Street
Jeremy Joan Hewes
[email protected]
707-535-0931
www.jeremyjoanhewes.com
RESOLUTION NO.
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA
ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE CHICK FIL A
RESTAURANT WITH DRIVE THROUGH LOCATED AT 1452 MENDOCINO AVENUE ASSESSOR'S PARCEL NUMBER(S) 180-490-012 - FILE NUMBER CUP11-095
WHEREAS, the Environmental Coordinator has conducted an initial study on the
possible environmental consequences of the proposed Chick Fil A project, which study was
initially completed March 20, 2012; and
WHEREAS, the study, in its final form, did not identify any significant effects on the
environment which would result from the proposed use permit provided certain mitigation
measures therein identified and listed were adopted and implemented; and
WHEREAS, the Environmental Coordinator, based on the Initial Study, determined that
any potential environmental effects of the proposed Chick Fil A have been clearly mitigated by
the identified mitigation measure to the point where no significant environmental effects would
occur and the Environmental Coordinator, based upon this determination, prepared a Negative
Declaration, subject to mitigating requirements, with respect to the environmental consequences
of the subject project; and
WHEREAS, a notice of Mitigated Negative Declaration was thereafter duly posted and
an opportunity for comments from the public was given; and
WHEREAS, the Planning Commission of the City of Santa Rosa has reviewed and
considered the environmental study, the findings and determinations of the Environmental
Coordinator, the proposed Mitigated Negative Declaration, the staff reports, oral and written, and
the comments, statements, and other evidence presented by all persons, including members of the
public, who appeared and addressed the Planning Commission at the public hearing held on
April 12, 2012, and all comments and materials submitted prior thereto; and
WHEREAS, the Planning Commission has before it all of the necessary environmental
information required by the California Environmental Quality Act (CEQA) to properly analyze
and evaluate any and all of the potential environmental impacts of the proposed project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Santa Rosa, based upon the findings and the records and files herein, and the findings above
made, hereby determines that the proposed Chick Fil A will not have a significant effect upon
the environment if the mitigation measures listed and identified in the Mitigated Negative
Declaration are implemented prior to development of the subject property, and hereby approves
and adopts the Mitigated Negative Declaration for the Chick Fil A project.
Resolution No.
Page 1 of 2
REGULARLY PASSED AND ADOPTED by the Planning Commission of the City of
Santa Rosa on this 12th day of April, 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:_______________________________
CHAIR
ATTEST:__________________________________
EXECUTIVE SECRETARY
Resolution No.
Page 2 of 2
RESOLUTION NO.
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA
MAKING FINDINGS AND DETERMINATIONS AND APPROVING A CONDITIONAL
USE PERMIT FOR A DRIVE THROUGH FACILITY AND A PARKING ADJUSTMENT
FOR A 50-SPACE PARKING LOT ASSOCIATED WITH CHICK-FIL-A, A PROPOSED
RESTAURANT - LOCATED AT 1452 MENDOCINO AVENUE (APN 180-490-012)- FILE
NUMBER CUP11-095
WHEREAS, an application was submitted requesting the approval of a Conditional Use
Permit for drive through facility, to be located at 1452 Mendocino Avenue, also identified as
Sonoma County Assessor's Parcel Number(s) 180-490-012;
WHEREAS, the Planning Commission held a duly noticed public hearing on the
application at which all those wishing to be heard were allowed to speak or present written
comments and other materials; and
WHEREAS, the Planning Commission has considered the application, the staff reports,
oral and written, the General Plan and zoning on the subject property, the testimony, written
comments, and other materials presented at the public hearing; and
WHEREAS, the Planning Commission has considered the approved and adopted a
Mitigated Negative Declaration for this use and project; and
WHEREAS, the drive through has been reviewed and meets the drive through
development criteria set out in City Code Section 20-42.060 (drive through facilities); and
WHEREAS, the request for a parking adjustment has been reviewed and meets the
findings set out in 20-36.050 C b; and
NOW, THEREFORE, BE IT RESOLVED, that after consideration of the reports,
documents, testimony, and other materials presented, and pursuant to City Code Section 2052.050 (Conditional Use Permit), the Planning Commission of the City of Santa Rosa finds and
determines:
A.
The proposed use is allowed within the applicable zoning district and complies with all
other applicable provisions of this Zoning Code and the City Code;
B.
The proposed use is consistent with the General Plan and any applicable specific plan;
C.
The design, location, size, and operating characteristics of the proposed activity would be
compatible with the existing and future land uses in the vicinity;
D.
The site is physically suitable for the type, density, and intensity of use being proposed,
Resolution No.
Page 1 of 6
including access, utilities, and the absence of physical constraints;
E.
Granting the permit would not constitute a nuisance or be injurious or detrimental to the
public interest, health, safety, convenience, or welfare, or materially injurious to persons,
property, or improvements in the vicinity and zoning district in which the property is
located; and
F.
The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA).
BE IT FURTHER RESOLVED, that this Conditional Use Permit is subject to all
applicable provisions of the Zoning Code, including Section 20-54.100 (Permit Revocation or
Modification).
BE IT FURTHER RESOLVED that a Conditional Use Permit for a drive through facility
for Chick-Fil-A, to be located at 1452 Mendocino Avenue, is approved subject to each of the
following conditions:
DEPARTMENT OF COMMUNITY DEVELOPMENT
GENERAL:
1.
Compliance with the latest adopted ordinances, resolutions, policies, and fees
adopted by the City Council at the time of building permit review and approval.
All fees must be paid prior to issuance of a building permit.
2.
All work shall be done according to the final approved plans dated March 8, 2012.
3.
The address shall be displayed in a prominent location on the street side of the
property. The numbers shall be no less than 6-inches in height and shall be of a
contrasting color to the background to which they are attached. The address shall
be illuminated during hours of darkness per City "Premises Identification"
requirements.
EXPIRATION AND EXTENSION:
4.
This Conditional Use Permit shall be valid for a two-year period. If construction
has not begun or if an approved use has not commenced within two (2) years from
date of approval, this approval shall automatically expire and shall be invalid
unless an application for extension is filed prior to expiration.
5.
If implemented within the initial approval period in accordance with all
conditions of approval, this Conditional Use Permit shall be valid for the duration
of use.
Resolution No.
Page 2 of 6
BUILDING DIVISION:
6.
Obtain a demolition permit to remove the existing building. An air quality district
J number is required to be submitted with the demolition permit application.
7.
Obtain building permits for the new structures and for the site/grading work.
ENGINEERING DIVISION:
8.
Public and private street improvements, utility and storm drain improvements
must be completed consistent with Exhibit A, dated March 19, 2012. (attached)
PLANNING DIVISION:
9.
The proposed project must obtain preliminary and final Design Review from the
Design Review Board.
10.
Compliance with City Graffiti Abatement Program Standards for Graffiti
Removal (City Code 10-17.080).
11.
Once in operation, the Chick-Fil-A site shall be monitored no less than twice a
day for trash pick-up, the area to be monitored includes the project frontage along
Mendocino Avenue.
12.
Four street trees will be required and shall be planted by the developer in
accordance with the Mendocino Avenue Corridor Plan. Selection will be made
from the City's approved Master Street Tree Plant List in coordination with the
City Parks Division. Planting shall be done in accordance with the City
"Standards and Specifications for Planting Parkway Trees." Copies of the Street
Tree List and the Planting Standards are available at the Parks Division office.
13.
LIGHTING:
A.
All exterior lighting shall be shown and specified on the plans submitted
for issuance of a building permit in accordance with the Design Review
approval.
B.
Light sources shall be concealed from public view.
C.
All lighting shall be directed toward the subject property and away from
adjacent properties.
D.
The mounting height of lighting fixtures in parking and storage areas shall
not exceed 14-feet in height. Lower mounting heights are encouraged.
Resolution No.
Page 3 of 6
14.
15.
PARKING:
A.
The 50-stall parking lot shall be constructed to City standards.
B.
The parking lot shall be provided with concrete curbing around all planter
areas unless specifically approved by the Department of Community
Development in some other fashion.
C.
The parking lot shall be striped according to City standards and all
handicapped and compact spaces shall be identified and marked
accordingly.
D.
Bicycle parking shall be provided in accordance with Zoning Code
requirements. The location and number of spaces shall be shown on the
site plan submitted for issuance of a building permit.
E.
A minimum of two charging stations shall be offered for electric/clean air
vehicles, the charging stations shall be located for use in two of the four
parking stalls marked as clean air vehicle.
SIGNING:
A.
No exterior signs, banners, or the like are approved with this permit. A
planning sign permit application is required for all signs.
B.
A planning sign permit application is required for all signs.
C.
Sign permit approval shall be obtained prior to application for a building
permit.
D.
Building permits for sign installations shall be separate permits from other
building permits issued for construction.
FIRE DEPARTMENT
1.
A Fire Flow Analysis including proposed building areas, type of construction, and
calculated available fire flow at the new public fire hydrant shall be provided to
the Fire Department for review and approval concurrent with submittal of the
Encroachment Permit. Minimum required Fire Flow for this project is 2500 gpm
with 50% credit to be taken for fire sprinkler installation. Adjusted flow to be not
less than1500 gpm with 20 psi residual in the main.
2.
Proposed fire hydrant to be of the commercial model (two 4.5 inch outlets and
one 2.5 inch outlet). Hydrant complies with spacing requirements.
Resolution No.
Page 4 of 6
3.
Fire Department access roads shall be provided to within 150 feet path-of-travel
distance of all portions of first floor exterior walls of all structures and hazardous
materials use or storage areas. Access roads shall be designed to current Fire
Department standards: 20 feet wide minimum with an inside radius of 20 feet and
outside of 40 feet. Access to and from the trash enclosure and vehicle parking
areas is required.
4.
Ensure trees in the parking curb areas provide a clear 13 foot 6 inch vertical
clearance from grade for any portion overhanging the fire lane.
5.
Curbs bordering required Fire Department access roads shall be signed “No
Parking – Fire Lane” per current Fire Department standards.
6.
Main building shall be equipped with a 12 inch illuminated address numerals per
Fire Department Standards. Monument sign is too small and will become
obstructed by landscaping.
7.
Comply with Group A “public assembly” requirements. Typical improvements
include illuminated exit signage, emergency lighting, posted occupant load, no
knowledge (panic) door hardware; posted occupant limit sign. This can be
evaluated at the Building review stage.
8.
Deferred Fire Department permits: Construction; Underground fire main system
(from the backside of the detector check), Automatic Fire Sprinkler System. Fire
Alarm System (water-flow monitoring) and Fixed Extinguishing System.
Operation; public assembly
9.
Access roads and water supplies for fire protection shall be installed and made
serviceable prior to storage or construction of any combustible materials.
Two copies of a Phase 1 Environmental Site Assessment shall be included with
submittal of the first Engineering plan check. One copy is to be submitted
directly to the Fire Department and review fee paid; a copy of the receipt shall be
submitted with the remaining copy to the Engineering Department. Grading,
demolition or construction permits shall not be issued until the Fire Department
has reviewed and approved the Phase 1 study.
10.
11.
Storage or use of any hazardous materials at the site will require a Hazardous
Materials Business Plan to be submitted to the on-line reporting program at
www.unidocs.org. The Fire Department will review for approval. Materials on
site will require a Hazardous Materials Permit to be submitted to the Fire
Department for review and approval and require payment of Hazardous Material
Management Plan fee.
Resolution No.
Page 5 of 6
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission finds and
determines this entitlement to use would not be granted but for the applicability and validity of
each and every one of the above conditions and that if any one or more of the above said
conditions are invalid, this entitlement to use would not have been granted without requiring
other valid conditions for achieving the purposes and intent of such approval.
REGULARLY PASSED AND ADOPTED by the Planning Commission of the City of
Santa Rosa on the 12th day of April, 2012 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:________________________________
CHAIR
ATTEST:________________________________
EXECUTIVE SECRETARY
Resolution No.
Page 6 of 6
TRANSPORTATION and PUBLIC WORKS DEPARTMENT
ENGINEERING DEVELOPMENT SERVICES
EXHIBIT "A"
March 19, 2012
1452 Mendocino Ave.
Chick- Fil - A
Design Review/ Conditional Use Permit
I.
Developer's engineer shall obtain the current City Design and Construction
Standards and the Community Development Department's Standard Conditions of
Approval dated August 27, 2008 and comply with all requirements therein unless
specifically waived or altered by written variance by the City Engineer.
II.
Developer's engineer shall comply with all requirements of the current Municipal
Separate Storm Sewer System (MS4) and City Standard Urban Storm Water
Mitigation Plan Low Impact Development Guidelines. Final Plans shall address the
storm water quality and quantity along with a maintenance agreement or
comparable document to assure continuous maintenance of the source and
treatment.
III.
In addition, the following summary constitutes the recommended conditions of
approval on the subject application/development based on the plans stamped
received March 8, 2012:
PUBLIC STREET IMPROVEMENTS
1.
Improvements to Mendocino Avenue shall consist of the removal and replacement
of the existing drive approach with new curb gutter and sidewalk matching existing
sidewalk, curb and gutter for line and grade. Sidewalks with tree wells shall be per
City Standard 230F. Sidewalk transitions around tree well locations necessary to
provide the 4 foot clearance shall be per City Standard 231 and be contained in
Public Sidewalk easement dedicated to the City prior to issuance of a Building
Permit.
2.
The developer shall pay cash in-lieu of constructing a raised planter curb island
median in Mendocino Avenue along the project frontage.
PRIVATE STREET/DRIVEWAY IMPROVEMENTS
3.
The drive way onto Mendocino Avenue shall access through a City Standard 250A,
commercial driveway curb cut, 32 foot minimum width curb cut and become 26 feet
at back of sidewalk.
4.
Clear line of sight shall be provided for the Mendocino Avenue driveway of both
vehicles, and sidewalk users on Mendocino Avenue as recommended by the
Project Traffic Engineer in the W-Trans Traffic report dated March 7, 2012.
Page 1 of 3
Proposed flag pole is to be located outside of the line of sight and brick wall height
reduced as necessary to remove line of sight obstruction as suggested by the
Traffic Engineer.
STORM DRAINAGE
5.
Existing storm drain connections to the public system are to be abandoned and
plugged at the back of sidewalk.
6.
Private Storm drain system is to be connected to the public main from a private
structure behind the sidewalk. All private storm drain through public right of way is
to be 15 inch diameter.
7.
The developer’s engineer shall comply with all requirements of the latest edition of
the City Standard Urban Storm Water Mitigation Plan Low Impact Development
Technical Design Manual. Building Permit Improvement Plans shall incorporate all
SUSMP Best Management Practices (BMP’s) and shall be accompanied by a Final
Storm Water Mitigation Plan which shall address the storm water quality and
quantity. Building Improvement Plans shall be accompanied by a maintenance
agreement or comparable document to assure continuous maintenance in
perpetuity of the SUSMP BMP’s, and shall include a maintenance schedule.
Perpetual maintenance of SUSMP Best Management Practices (BMP’s) shall be
the responsibility of one or more of the following:
a)
The individual property owners fronting or owning these BMP’s. The
property owners shall be responsible for performing and documenting an annual
inspection of the BMP’s on their respective properties. The annual reports shall
be retained by the private property owner for a period of the latest five years, and
shall be made available to the City upon request.
b)
A special tax district for public BMP facilities.
c)
An alternate means acceptable to the City of Santa Rosa.
After the SUSMP BMP improvements have been constructed, the developers
Civil Engineer is to prepare and sign a written certification that they were
constructed and installed as required or per the manufacturer’s recommendation.
Written certification of SUSMP BMP’s is to be received by the City prior to
acceptance of subdivision improvements.
8.
Meter boxes, cleanouts, fire hydrants, and other utility valves and structures shall
not be located in bio swales.
UTILITY CONDITIONS
9.
Applicant must install a combination service per City Standard #870 for fire
sprinkler, public fire hydrant, domestic and irrigation meters.
Page 2 of 3
10.
Demand fees and meter sizes are to be determined after review of building
plans. Submit details of plumbing fixtures, including the amount of fixtures and
the size of service lines (3/4", 1/2" etc.) to Utilities Engineering for review.
11.
Water laterals and meters shall be sized to meet domestic, irrigation and fire
protection uses and a reduced pressure back flow device per City Standard 876
will be required on all water services. The flow calculations shall be submitted to
the Utilities Department during the plan check phase of the Improvement Plans
or Encroachment Permit to determine adequate sizing.
12.
No footings shall be installed within 5 feet of the public water or sewer mains.
Access to public utilities including all structures (i.e. manholes, cleanouts,
mainline valves etc.) is to be provided at all times.
13.
Any existing water or sewer services that will not be used must be abandoned at
the main per City Standards under an encroachment permit. The existing meter
must be collected by the City Meter Shop. Call Utilities Engineering at 543-3950
to arrange pick up.
14.
Provide a separate irrigation service. See Section X. O. of the Water System
Design Standards.
15.
A Restaurant & Food Service Industrial Waste Discharge Permit must be
obtained from the City's Utilities Environmental Services Section. Contact
Environmental Services at 543-3369.
16.
Existing cleanout to remain in the driveway location is to be relocated to behind
the sidewalk and installed per City Standard #513.
17.
Submit landscape and irrigation plans in conformance with the Water Efficient
Landscape Ordinance adopted by the Santa Rosa City Council, Resolution No.
27518, on November 17, 2009. Plans shall be submitted with the Building
Permit application. Submit the following with the above mentioned plans:
Maximum Applied Water Allowance (Appendix A) and Hydrozone Table
(Appendix B).
__________________
Larry Lackie
PROJECT ENGINEER
Page 3 of 3