Cotati Station Apartments CEQA Exemption

August 9, 2016

Subject: CEQA

Cotati Station Apartments Project Residential (15195) Infill Exemption Justification Introduction

The proposed Cotati Station Apartments Project (Project) consists of residential development

on 2.42 acres, a public park on 0.49 acres and city parking lot on 0.65, for a total development

area of 3.56 acres within the Santero Way Specific Plan (SWSP) area. The Santero Way Specific

Plan was approved in 2000 and envisioned a mixed-use development consisting of residential,

commercial, public park and plazas, and office land uses. The Santero Way Environmental

Impact Report (EIR) evaluated potential impacts associated with the proposed Specific Plan and

was certified in 2000 (SCH # 99-06219). The project has been reviewed for consistency with

governing planning document and as described below qualifies for a Residential Infill Exemption

under CEQA.

Environmental Setting

The project site is located in the easternmost portion of the City of Cotati, Sonoma County,

California (See Figure 1: Regional Map). The project proposes development on vacant land

within the Santero Way Specific Plan area proximate to the planned SMART rail service

platform and a recently completed City train station and Sonoma County park-n ride. (See

Figure 2: Vicinity Map). Environmental characteristics of the Santero Way Specific Plan site

were initially evaluated in the Santero Way Specific Plan Environmental Impact Report. The EIR

summarized the existing (pre-development) conditions of the planning area as, “100%

disturbed with existing industrial, storage and commercial buildings, graded parcels and

mounded loose fill. No natural water courses flow through the site, and the only significant

vegetation is a row of immature redwoods along the western boundary of Property E1.” (See

Figure 3: SWSP Land Use Diagram and Parcels)

Presently, other than the proposed development site for the Cotati Station Apartments, the

Specific Plan area is largely built out with conforming and existing non-conforming uses. All but

three parcels on the west side of Santero Way have been developed with 2.5 story townhomes

Cotati Station Apartments Exemption Justification

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containing 70 residential units that were constructed circa 2004. The remaining vacant parcels

consist of Assessor Parcel Numbers (APN) 144-480-019, 144-480-021, and 144-302-048

(Properties H and I of the Specific Plan), which comprise 2.12 acres and are designated to allow

for residential development and office mixed use. A total of 50 residential units and up to

16,625 square feet of office is currently allowed under the SWSP for Parcels H and I. The area

designated “Employment: Self Storage Area overlay zone” at the southern limit of the Specific

Plan area consists of 2.55 acres and is occupied by a self-storage facility.

On the east side of Santero Way, south of East Cotati Avenue and immediately west of the

railway, (Property C) the Sonoma County Transportation Authority has developed the Cotati

SMART Station on APNs 144-320-019, 041, and 043. The Cotati SMART station platform, and

associated parking area are constructed and anticipated for operation in 2017. APN 144-480-

012 (Property D) remains vacant at 0.49 acres, and is designated “Public Park” and “Plaza” per

the Specific Plan (this parcel is proposed for development as a public park as part of the

Project). APN 144-320-028 (Property D) remains vacant at 0.65 acres, and is proposed for

development as city parking to support community needs, as part of the Project.

Towards the terminus of Santero Way (Property F) on the east side of the roadway, proximate

to the mini storage use, there are two existing buildings and associated improvements. APN

144-481-008 contains an 18,500 square foot industrial building that was constructed in 1987.

APN 144-480-014 contains a 10,000 square foot building that was constructed in 1947. These

structures are unoccupied.

The Santero Way Specific Plan and EIR were adopted in 2000. The Specific Plan was

subsequently amended in 2002 to allow for increased street widths, the development of 56

residential units prior to required commercial development, and a unit mix consisting of 70

townhomes, 16 affordable units, and 14 live work units. Since the 2002 amendment no

additional modifications or updates to the Specific Plan have been completed.

Project Description

Colvin Group LLC, proposes to build a mixed-use project known as Cotati Station Apartments.

The project consists of constructing 74 multi-family units and 5,540 square feet of commercial

space on vacant parcels totaling 2.42 acre on the east side of Santero Way within the Santero

Way Specific Plan Area. Additionally, the project includes the development of a 0.49-acre public

park and a 0.65-acre undeveloped city-owned parcel to be built as a parking area between the

proposed mixed-use component and the existing SMART station. (See Figure 4: Aerial Map)

The proposed public park will feature public open space, pedestrian paths, and a 1,560 square

feet bio-retention swale. A 12.5-foot wide sidewalk will be provided along the entire frontage

to Santero Way, along with angled on-street parking. Amenities at the public park include open


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space for recreational activities, benches, and pedestrian paths that provide connectivity

between the Cotati Smart Station and the existing and proposed residential uses along Santero

Way.

East of the public park the developer will construct a 32 stall parking area on a city-owned

parcel. The parking area will serve as the parking lot for the public park and will provide

overflow parking for the community. A 24-foot wide drive aisle will provide connectivity from

the existing Depot Way to the parking area.

The project will also extend Depot Way along the northern most portion of the SWSP with a 26-

foot wide drive aisle. An additional eleven on-street parking stalls are proposed along the Depot

Way extension, proximate to the parking lot. Bulb outs, curbs and planting islands will be

developed within the parking area and along the extension of Depot Way.

Due to safety and fire access concerns along Santero Way, the developer will remove the

existing bulb outs and 11 on-street parking spaces in front of the existing park, south of the

project site.

The mixed-use component of the project consists of residential and commercial uses. The

multi-family units will be built in three separate three-story buildings. Of the 74 units, 6 will be

one-bedroom units, 41 will be two-bedroom units and 27 will be three-bedroom units. The

project also incorporates resident open space within a 25,000+\- square foot courtyard. The

Project proposes to build 134 parking spaces, 104 on-site and 31 on Santero Way. The proposed

parking meets the ratios for residential uses and commercial uses as required by the Santero

Way Specific Plan. Both long term and short term bicycle parking will be provided. Bicycle racks

will be installed at three locations along Santero Way and by three enclosures built adjacent to

Santero Way.

Vehicular access is provided from Santero Way and through the extension of Depot Way. A new

driveway perpendicular to Santero Way will provide connectivity between Santero Way and

Depot Way. The Depot Way drive aisle will connect to the existing drive aisle behind the

existing townhomes to the south, providing full secondary access form the train station

platforms to all existing residential development. Parking stalls are provided on both sides of

the new drive aisles and angled parking is provided along Santero Way.

The retail space will be constructed on the ground floor in two of the three buildings facing

Santero Way totaling 5,540 square feet. The commercial space will be used for a fitness center,

leasing office and speculative office space, allowable uses within the Santero Way Specific Plan

include: Professional Office, Medical Office, Business Office, and Music/Dance Studios.


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The Santero Way Specific Plan allows for 48 units on the subject site. Through state density

bonus regulations (Government Code § 65915) the applicant can request a 35% ‘bonus’ of

density if 11% of the total units are targeted for very low income households. The applicant is

proposing to make 11%, or 5, of these units available to very low-income households so as to

qualify for a density bonus.

The density bonus calculation is a follows:

48 (base units) x 35% (for providing 11% or 5 units as Very Low Income Units) = 16.8 (round-up

to 17 units)

48+17 = 65 units

The applicant is requesting a total of 74 units, 9 units more than the density bonus calculation.

Through government code § 65915 (n), additional units can be requested and the governing

body has the discretion to approve additional units. For the project, the nine additional units

are proposed as affordable housing units, with 3 low-income units, and 6 moderate-income

units.

Overall the Cotati Station unit mix will be:

5 very low income units 3 low income units 6 moderate income units 60 market rate units 74 multi-family units total

The applicant is entitled to up to three incentives or concessions, as necessary to provide for affordable housing costs, pursuant to Government Code § 65915(d). The applicant currently seeks the following two concessions:

1) Reduction of the required ground floor commercial requirement SWSP 3.MX.2 Table 3.6 requires ground floor commercial and a minimum of 30% of the overall building to be commercial. The Cotati Station project is proposing approximately 5.6% ground floor commercial.

2) Elimination/Reduction of fenestration requirement

SWSP 3.MX.3.2 B4 requires that windows must be 50% of façade. The Cotati Station project is proposing facades that range from 19% to 27% fenestration.

To the extent that any development standard is considered to physically preclude the development of an affordable housing project, then pursuant to Government Code § 65915(e),


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a waiver of that development standard must be granted. The Cotati Station project is requesting the following waivers:

1. Increase the allowed FAR to 0.84 average. (SWSP 3.MX.3.1A Maximum FAR allowed 0.65)

2. Allowance to set the buildings back from the street (varying from 4.5 to 9 feet). (SWSP 3.MX.3.1 Table 3.7 requires the 70% of the façade shall have zero setbacks)

3. Reduction in the SMART buffer from 16 feet to 8 feet. (SWSP 3.MX.3.1 G Buffers)

4. Reduction in rear yard parking lot setback to 8 feet. (SWSP3.MX.3.1.C2 requires a 10 foot buffer for parking lots.)

5. Increase height allowance to 3 stories throughout the project area (SWSP 3.MX.3.2 A Table 3.8 allows 2.5 stories along Santero Way)

6. Elimination of building orientation requirement (SWSP 3.MX3.1 D1 Primary façade shall face Santero Way or East Cotati Blvd.)

7. Elimination of building entry on primary façade requirement (SWSP 3.MX.3.1D 2 Primary entrances shall be on primary façade)

8. Decrease in the minimum setback for accessory structures to 2.33 feet. (LUC 17.42.160 1b Rear setback for accessory structures shall be 5 feet)

9. Decrease in the amount of private open space required. (66 of the 74 units do not meet the minimum of 150 square feet, and range from 114 to 136) (LUC 17.42.120 G1 Size of private open space must be 150 square feet for each unit.)

Project construction will consist of grubbing for vegetation removal and grading to achieve

desired site elevations. Heavy-duty construction equipment including dozers, backhoes, front

loaders, pavers, and water trucks will be utilized. As proposed all construction equipment will

achieve an average equivalence of Tier 4 engine standards. Equipment that utilizes the

California Air Resources Board (CARB) certified Level 3 Diesel Particulate Filters or alternatively

fueled equipment (non-diesel) would be adequate.

Construction staging will occur in two locations, the future city parking lot and Depot Way

extension and the existing warehouse building at 8360 Santero Way. The areas will be used for

staging, material delivery and construction equipment storage. Construction activities will

include the delivery of materials to the project site, laying foundations, paving driveways and

sidewalks and erecting the proposed three story buildings. Construction activities including site


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preparation, building, and ancillary improvements are expected to last for a duration of one

year.

During all construction activities the project proposed implementation of the following dust

control practices recommended by the Bay Area Air Quality Management District (BAAQMD):

1. Water all exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) three times per day;

2. Cover all haul trucks transporting soil, sand, or other loose material;

3. Remove all visible mud or dirt tracked-out onto adjacent public roads using wet power

vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited;

4. All vehicle speeds on unpaved roads shall be limited to 15 mph;

5. Construct all hardscape surfaces including roadways, driveways, and sidewalks as soon

as possible;

6. Construct building pads soon as possible after grading unless seeding or soil binders are used;

7. Minimize idling times by either shutting equipment off when not in use or reducing the

maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Provide clear signage for construction workers at all access points;

8. Maintain all construction equipment and properly tune equipment in accordance with

manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation;

9. Post a publicly visible sign with the telephone number of designated contact person at

the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

Additionally, the project proposes to achieve a fleet-wide average 90 percent reduction in PM2.5 exhaust emissions as follows:

1. All mobile diesel-powered off-road equipment larger than 50 horsepower and operating on the site for more than two days continuously shall meet, at a minimum, one of the following:


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a. Equipped with engines meeting U.S. EPA particulate matter emissions standards for Tier 4 engines or equivalent; or

b. Engines equipped with CARB-certified Level 3 Diesel Particulate Filters; or c. Use of alternatively-fueled equipment (i.e., non-diesel); or d. Other measures may be the use of added exhaust devices, or a combination of

measures, provided that these measures are approved by the City and demonstrated to reduce community risk impacts to less than significant.

2. All diesel-fueled generators including any diesel-powered welders used for building

construction shall be limited to 20 days for each piece of equipment.

15195 Residential Infill Exemption

The proposed Cotati Station Apartments Project (Project) requires discretionary action from the

City of Cotati for Design Review and is subject to review under the California Environmental

Quality Act. Based on the following information the City of Cotati has determined that the

Project qualifies for a Residential Infill Exemption under Section 15195 of the CEQA Guidelines.

(a) Except as set forth in subdivision (b), CEQA does not apply to any development project that

meets the following criteria:

(1) The project meets the threshold criteria set forth in Section 15192; provided that with

respect to the requirement in Section 15192(b) regarding community-level environmental

review, such review must be certified or adopted within five years of the date that the

lead agency deems the application for the project to be complete pursuant to Section

65943 of the Government Code.

The following discussion addresses each criteria item in Section 15192.

15192 Threshold Requirements for Exemptions for Agricultural Housing, Affordable Housing,

and Residential Infill Projects.

(a) The project must be consistent with:

(1) Any applicable general plan, specific plan, or local coastal program, including any mitigation measures required by such plan or program, as that plan or program existed on the date that the application for the project pursuant to Section 65943 of the Government Code was deemed complete; and

(2) Any applicable zoning ordinance, as that zoning ordinance existed on the date that the application for the project pursuant to Section 65943 of the Government Code was


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deemed complete, unless the zoning of the project property is inconsistent with the general plan because the project property has not been rezoned to conform to the general plan.

The Santero Way Specific Plan (SWSP) was adopted on July 12, 2000 and amended in 2001. The

SWSP envisioned a mix of uses resulting in accommodations for 198 dwelling units, up to

270,000 square feet of commercial, and 225,000 square feet of open space. The SWSP intends

to reduce the use of single-occupant automobiles by developing residential and

commercial/retail land uses near the SMART Station. Of the five different land-use districts

within the SWSP, the proposed project is within an area identified for Office Mixed-Use. This

land-use district allows for a minimum of 30% of the Building Area per Development to be

dedicated to office space and a maximum of 70% dedicated to Live/Work, Residential, or Office

use. Office uses are only allowed on the ground floor; work area of live/work units, apartments,

or condominium uses may be on the ground floor; and upper floors are limited to residential

and any portion of live/work units. The proposed project, with application of the Density

Bonus1 and requested concessions, is consistent with the SWSP in that it satisfies the land use

requirements anticipated therein. Further, the project will be required to comply with all

applicable policies and actions of the Cotati General Plan 2015 (listed below) and the applicable

mitigations from the Santero Way Specific Plan Environmental Impact Report (proposed as

conditions of approval).

Transportation Element: Action CI 1f, Action CI 1s,and Action CI 5e

Community Service and Facilities Element: Policy CSF 1.1, Policy CSF 1.2, Policy CSF 1.6,

Action CSF 1b, Action CSF 1c, Action CSF 2a, Policy CSF 2.22, Policy CSF 2.24, Policy CSF

2.30, Policy CSF 2.31, and Policy CSF 2.32:

Conservation Element: Policy CON 1.13, Action CON 2b, Policy CON 3.1, and Action CON

4c,

Land Use Element: Action LU 2d and Policy LU 3.14,

Noise Element: Action N 1b, Action N 1c, and Action N 1h

Open Space Element: Policy OS 2.5

Safety Element: Policy SA 2.10 and Action SA 2d.

(b) Community-level environmental review has been adopted or certified.

1 Density Bonus Law allows an increase in over the otherwise maximum allowable density [Gov’t Code Section 65915 (f)], as set by the zoning

ordinance [Govt. Code Section 65915 (o)2]


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In accordance with 15195(a)(1) and 15192(b) requirements, the City of Cotati’s most recent

General Plan was adopted on March 24, 2015. The General Plan’s EIR (SCH# 2013082037) was

prepared by De Novo Planning Group and released for public review on September 2014. The

General Plan EIR was certified by the Cotati City Council on March 24, 2015. As the City of Cotati

deemed the application for the Cotati Station Apartments complete in June 2016, the above

referenced CEQA sections requiring community level review within a 5-year window is met. The

Program EIR found that the adopted General Plan is consistent with the adopted Downtown

Specific Plan and Santero Way Specific Plan and was sufficiently designed to encourage

implementation of both specific plans.

(c) The project and other projects approved prior to the approval of the project can be

adequately served by existing utilities, and the project applicant has paid, or has committed

to pay, all applicable in-lieu or development fees.

The City’s recently adopted General Plan and certified EIR incorporates the Water and Sewer

Master Plans in order to accommodate buildout and supersedes the Santero Way Specific

Plan’s discussion on the availability of existing utilities in Section 5, Utilities and Public Services

Element. The Water and Sewer Master Plans (2011) identify availability and development

requirements for water supply and distribution and wastewater collection and treatment. The

applicant is subject to these requirements, and the SWSP provision for a “will serve”

agreements. The applicant has provided a water systems and fire flow analysis, a sewershed

study, and drainage study, which characterize the demands generated by the proposed project

relative to the available capacity. These studies provide recommendations to ensure that

adequate capacity is extended to the project site. No inadequacy of services were identified as

the project would implement all required upgrades and fulfill payment of applicable fees.

Therefore, existing utilities and service systems are available to accommodate the project.

(c) The site of the project:

(1) Does not contain wetlands, as defined in Section 328.3 of Title 33 of the Code of

Federal Regulations.

(2) Does not have any value as an ecological community upon which wild animals,

birds, plants, fish, amphibians, and invertebrates depend for their conservation

and protection.


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(3) Does not have any species protected by the federal Endangered Species Act of 1973

(16 U.S.C. Sec. 1531 et seq.) or by the Native plant Protection Act (Chapter 10

(commencing with Section 1900) of Division 2 of the Fish and Game Code), the

California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of

Division 3 of the Fish and Game Code.

(4) Does not cause the destruction or removal of any species protected by a local

ordinance in effect at the time the application for the project was deemed

complete.

An Updated Preliminary Wetland Delineation Report was conducted by Monk & Associates on

June 19, 2016. It concluded that there are no conditions on the project site (3.56 acres) that

would support seasonal wetlands or would be indicative of other waters. Past industrial use on

the project site eliminated any habitat. The project site does not retain any value or function for

natural communities.

The Updated Preliminary Wetland Delineation Report concluded that habitat quality on the site

is poor and that no native or natural plant communities exist on the site. Vegetation that is

present is limited to unpaved surfaces and consists of ruderal plants. Furthermore, inquiries

into the California Natural Diversity Database (CNDDB) indicated that no protected or special

status species have been reported within the SWSP area. The project site is located within in a

developed area within the City of Cotati’s UBG and is surrounded by urban uses. The current

conditions onsite are void of natural communities and there is no habitat that would support

protected or special status species. Therefore, the proposed Cotati Station Apartments project

would have no impact to sensitive biological communities including species and/or habitat.

(d) The site of the project is not included on any list of facilities and site compiled pursuant to

Section 65962.5 of the Government Code.

An inquiry into the EnviroStor database on May 24, 2016 concluded that no instances of the

Department of Toxic Substances Control’s (DTSC) list criteria, compiled pursuant to Section

65962.5(a)(4) of the Government Code, exists or has existed on the subject property. Reports

conducted on behalf of the applicant have also concluded that the site does not contain any

hazardous materials as a result of past industrial uses. Review of records and Phase I

Environmental Site Assessments conclude that no further investigation of onsite hazards is

warranted.


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(e) The site of the project is subject to a preliminary endangerment assessment prepared by a

registered environmental assessor to determine the existence of any release of a

hazardous substance on the site and to determine the potential for exposure of future

occupants to significant health hazards from any nearby property or activity. In addition,

the following steps have been taken in response to the results of this assessment:

(1) If a release of a hazardous substance is found to exist on the site, the release shall

be removed, or any significant effects of the release shall be mitigated to a level of

insignificance in compliance with state and federal requirements.

(2) If a potential for exposure to significant hazards from surrounding properties or

activities is found to exist, the effects of the potential exposure shall be mitigated

to a level of insignificance in compliance with state and federal requirements.

A Phase I Environmental Site Assessment was conducted by Harris and Lee Environmental

Sciences, LLC on April 20, 2016. The purpose of the report was to review appropriate regulatory

information, conduct site reconnaissance, conduct interviews, and prepare a final

Environmental Site Assessment that identified hazardous materials or potential of exposure to

future residents due to inherent environmental factors at the project site. The report concluded

that the site assessment revealed no evidence of a recognized environmental condition

connected to the property that would produce a potential hazard. Given these findings, no

further investigation was recommended. As such, the project site has been subject to an

endangerment assessment, no hazardous substances and no potential for exposure were

identified. Therefore, it is concluded that the project would not result in any hazard due to

exposure of materials to future occupants.

(f) The project does not have a significant effect on historical resources pursuant to Section

21084.1 of the Public Resources Code.

According to Section 6.3.2.3 of the Santero Way Specific Plan, the Northwest Information

Center (NWIC) at Sonoma State University performed a records search of the land within the

Specific Plan area and found that no known archeological sites of historical value exist. On May

4, 2016, the City notified the Federated Indians of Graton Rancheria of the proposed project

pursuant to Public Resource Code Section 2080.3.1(d). The Federated Indians of Graton

Rancheria did not make a request for consultation within the 30-day request period.

The Santero Way Specific Plan explicitly states that should prehistoric or historic archeological

materials be discovered during development envisioned by the SWSP, all activity must be

temporarily halted and a qualified archeologist will be retained in order to evaluate any finds.

The applicant will be responsible for conducting development activities in accordance with this


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requirement. There are no known cultural, tribal, or historic resources on the project site.

Therefore, the project will not result in an impact to historic resources.

(g) The project site is not subject to wildland fire hazard, as determined by the Department of

Forestry and Fire Protection, unless the applicable general plan or zoning ordinance

contains provision to mitigate the risk of a wildland fire hazard.

According to Figure 3.7-1 of the Cotati General Plan, the project site is not within or near a fire

hazard severity zone as determined by the Department of Forestry and Fire Protection (Calfire).

The only fire hazard zones identified within the City’s UGB are in the southern and western

extents of the Planning Area, outside of the city limits and sufficiently removed from the

Santero Way Specific Plan. Furthermore, the area surrounding the project site has been

extensively developed and does not characterize an environment prone to wildland fires.

(h) The project site does not have an unusually high risk of fire or explosion from materials

stored or used on nearby properties.

The General Plan requires that all future projects comply with the provisions of federal, state,

and local requirements relating to hazardous materials. Facilities that do store hazardous

materials on-site are required to maintain a Hazardous Materials Business Plan in accordance

with state regulations, which aim to prevent fire or explosions due to stored materials.

Businesses in the immediate vicinity of the project site include the Cotati Mini Storage personal

storage facility, College Carwash, and Progress Glass Co, Inc. to the north. The project site is

otherwise surrounded by residential uses of varying densities. Because the businesses

mentioned above do not generally contain hazardous materials that present a high risk of fires

or explosions, and because they are subject to the General Plan requirements described above,

the project site does not contain an unusually high risk of fire or explosions from material

storage or use on nearby properties.

(i) The project site does not present a risk of a public health exposure at a level that

would exceed the standards established by any state or federal agency.

Noise exposure of new residents due to the close proximity to the SMART Rail Line

have been carefully analyzed and accounted for in the project’s design parameters.

Illingworth & Rodkin prepared a Noise and Vibration Assessment on June 15, 2016 to

evaluate acoustical exposure. The project’s location, adjacent to the SMART corridor

results in elevated noise exposure due to commuter and freight rail. In order to

ensure that new residents onsite are not exposed to elevated interior noise levels

beyond established standards, the project provides for mechanical ventilation,

enhanced exterior walls, and exterior windows to be installed with insulation to act

as a noise barrier. Additionally, building facades fronting the rail line will be outfitted


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with sound rated windows and doors and enhanced architectural treatment in order

to ensure that the interior noise levels do not exceed 45 dBA.

Illingworth & Rodkin prepared a Report to assess the project’s potential to result in

air quality impacts (June 22, 2016). The Air Quality Report concluded that with the

inclusion of best management practices, impacts due to construction related air

quality emissions would be below established thresholds. Additionally, the project

proposes the use of Tier 4 equipment (or equivalent means) that will achieve a 90

percent reduction in PM2.5 exhaust emission. A Construction Management Plan will

be submitted with the Improvement Plans for the project, detailing the equipment

to be used throughout construction. With construction activities as proposed, the

project’s air quality emission would be below threshold levels established by the Bay

Area Air Quality Management District (BAAQMD) and impacts would be less than

significant.

Other site-specific reports conducted for the project have concluded that hydrology,

seismology, utilities, and traffic will have a less than significant impact on public

health due to inherent environmental factors or project design.

(j) Either the project site is not within a delineated earthquake fault zone or a seismic

hazard zone, as determined pursuant to Section 2622 and 2696 of the Public

Resource Code respectively, or the applicable general plan or zoning ordinance

contains provisions to mitigate the risk of an earthquake or seismic hazard.

There are no Alquist-Priolo Earthquake Fault Zones located within the City of Cotati.

The Rodgers Creek Fault is located 3.5 miles to the east and San Andres Fault

approximately 15 miles to the west. Both of these faults are delineated as Alquist-

Priolo but are not located within the project site. Similarly, the Cotati General Plan

found that there are no known active or potentially active faults located within its

Planning Area. Nevertheless, faults found within the Sonoma County region may still

rupture and cause seismic ground shaking that could affect the project. The General

Plan identifies this potential risk and has implemented several policies and actions in

order to ensure that future development envisioned within the plan, including that

of the Santero Way Specific Plan, would not be subject to a significant impact by

earthquakes or seismic hazards. This includes implementing measures and standards

that ensures development compatibility with site-specific geologic conditions.

RGH Consultants, as the project’s geotechnical engineer, conducted site-specific

Geotechnical investigations and provided recommendations based on site-specific

parameters. The project design has been informed by the geotechnical analysis and


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will integrate construction techniques and recommendations set forth therein.

Adherence to the provision detail in the geotechnical investigation will ensure that

building design and onsite improvements are conducted in accordance with

California Building Code. The project site is not located within an earthquake fault

zone and design parameters have been set forth in order to address seismic activity.

(k) Either the project site does not present a landslide hazard, flood plain, flood way,

or restriction zone or the applicable general plan or zoning ordinance contains

provisions to mitigate the risk of a landslide or flood.

Hillsides throughout Sonoma County have a medium to high susceptibility for

landslides, while the low laying valley areas generally have a low susceptibility.

According to Figure 3.5- of the Cotati General Plan, the project site is located in an

area designated as having very low susceptibility to landslides. As such landslides are

not considered a significant constraint within the planning area, nor do they pose a

significant risk to the project site. Similarly, according to Figure 3.8-2 of the Cotati

General Plan, the project site is not within any Federal Emergency Management

Agency (FEMA) Flood Zone Designations and has therefore been determined to not

be at risk of flooding.

(l) The project site is not located on developed open space.

The project site is currently undeveloped and was previously occupied by past

industrial uses. The site is currently vacant and void of structure and other

improvements. There are no facilities onsite that provide for open space activities.

Therefore the site is not located on developed open space.

(m) The project site is not located within the boundaries of a state conservancy.

The Cotati General Plan EIR concluded that build out of the General Plan would not

conflict with an adopted Habitat Conservation Plan, Natural Community

Conservation Plan, or any other local, regional, or state habitat conservation plan. As

discussed above, the project site does not contain any wildlife habitat that would be

suitable for preservation, nor is the site located within the boundaries of a state

conservancy. A review of available databases concluded that no conversation areas

overlap the project site.

(n) The project has not been divided into smaller projects to qualify for one or more of the exemptions set forth in section 15193 to 15195.


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The proposed project is located within the Santero Way Specific Plan. There are no

other aspects of the project not described above under the project description. The

project consists of infill development on an undeveloped and underutilized lot that

has been identified as being a Priority Development Area in the adopted 2013 Plan

Bay Area. No elements exist outside of the proposed project that, when coupled

with the applicant’s designs, would cause the specifications to otherwise exceed the

criteria addressed in this Exemption Justification.

15195(a)(2) The project meets both of the following size criteria:

(A) The site of the project is not more than four acres in total area.

The project site consists of 74 units with mixed-use space and parking totaling 2.42 acres on

an identified Priority Development Area site. The additional 0.49-acre park and adjacent

0.65-acre parking area bring the total project site area to 3.56 acres.

(B) The project does not include any single level building that exceeds 100,000 square feet.

The project consists of three separate three-story buildings.. Building 2 contains the largest gross square footage (GSF) at 34,100 square feet. Buildings 1 and 3 occupy 31,155 GSF and 33,640 GSF respectfully. Therefore, no single level building exceeds 100,000 square feet.

(3) The project meets both of the following requirements regarding location:

(A) The project is a residential project on an infill site. The project consists of 74 total residential units, 5,540 square feet of ground-floor commercial space, a public park and a parking lot on currently undeveloped land. The site is surrounded by residential development to the east, south, and west with the SMART depot building and Sonoma County Transit’s Park and Ride adjacent to the rail. The site is within the Santero Way Specific Plan Area and is a recognized Priority Area in Plan Bay Area 2013. (B) The project is within one-half mile of a major transit stop. The project is directly adjacent to the Cotati transit hub, as shown in the figure below. The SMART Station qualifies as a major transit stop. The SMART commuter rail service is anticipated to be operational by 2017. Between the train facilities is a Sonoma County Transit park-n-ride facility with bus service. The project includes the installation of sidewalk and pedestrian paths through the park that will provide safe connectivity between the proposed residential development and the existing Train Depot (SMART Station).


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(4) The project meets both of the following requirements regarding number of units:

(A) The project does not contain more than 100 residential units.

A total of 74 residential units consisting of single, double, and triple bedroom floor plans are

proposed. As such the project proposed fewer than 100 units.

(C) The project promotes higher density infill housing. The lead agency may establish its own criteria for determining whether the project promotes higher density infill housing except in either of the following two circumstances: 1. A project with a density of at least 20 units per acre is conclusively presumed to

promote higher density infill housing.

2. A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density infill housing unless the preponderance of the evidence demonstrates otherwise.

The mixed use project together with the park results in a density of 24.8 units per acre. Using only mixed-use project acreage of 2.42 acres, the project will result in 30.6 units per acre. Within the SWSP under the “Residential High” Build-out Scenario (Table 3.4B), an average density of 9.92 units per acre was anticipated (198 total dwelling units within a total acreage of 19.97). It is therefore concluded that the project exceeds the average density of the surrounding properties, thus satisfying this criterion.


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(5) The project meets the following requirements regarding availability of affordable housing:

The project would result in housing units being made available to moderate, low or very

low income families as set forth in either A or B below:

(A) The project meets one of the following criteria, and the project developer provides

sufficient legal commitments to the appropriate local agency to ensure the continued

availability and use of the housing units as set forth below at monthly housing costs

determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the

Government Code.

1. At least 10 percent of the housing is sold to families of moderate income, or

2. Not less than 10 percent of the housing is rented to families of low income, or

3. Not less than 5 percent of the housing is rented to families of very low income.

(B) If the project does not result in housing units being available as set forth in subdivision

(A) above, then the project developer has paid or will pay in-lieu fees pursuant to a

local ordinance in an amount sufficient to result in the development of an equivalent

number of units that would otherwise be required pursuant to subparagraph (A).

As proposed the project will include a total of 74 units, with the following break down of affordable housing mix: 5 very low income units 3 low income units 6 moderate income units 60 market rate units 74 multi-family units total The project achieves 15195(5)(A) 3 noted above, because more than 5% of the total units will be offered for rent to very low income households. With 74 units proposed, the applicant would need to offer 4 units at very low income households to comply with this code section, the applicant is proposing 5. Further, the developer will be required to enter into an affordable housing provision and monitoring agreement, ensuring that the units are continually occupied by qualifying households for 55 years.

15195 Exceptions to Exemptions


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(b) A project that otherwise meets the criteria set forth in subdivision (a) is not exempt from CEQA if any of the following occur:

(1) There is a reasonable possibility that the project will have a project-specific, significant effect on the environment due to unusual circumstances.

There is no expectation that the project would have a significant effect on the environment resulting from unusual circumstances. The project site consists of flat, undeveloped land with no unusual circumstances attributed to it. The area has been identified as a Priority Development Area and has therefore been slated for development that is consistent with the scope of the proposed project’s parameters. Furthermore, the site is surrounded by established similar uses in an urban setting. Therefore, no significant effects generated by the presence of unusual circumstances would result from the proposed project. (2) Substantial changes with respect to the circumstances under which the project is being

undertaken that are related to the project have occurred since community-level environmental review was certified or adopted

On March 24, 2015, the Cotati City Council certified the General Plan Environmental Impact Report (SCH# 2013082037) and adopted the General Plan Update. The Santero Way Specific Plan, in which the project site exists, had been adopted and subsequently amended in August 2001. There are no substantive changes to the project site or area that have occurred since certification of the community level environmental review. The proposed project is consistent with the General Plan land use designation, complies with the established zoning regulations, and consisting of permitted uses.

(3) New information becomes available regarding the circumstances under which the

project is being undertaken and that is related to the project that was not known, and could not have been known at the time that community-level environmental review was certified or adopted.

No significant unforeseen circumstances have occurred since the Cotati General Plan EIR was certified. It should be noted that the Cotati General Plan envisioned development of the Cotati Station Train Depot and operation of the SMART corridor for commuter rail services. At the time that the General Plan was adopted, the SMART Train Depot had not yet been constructed. The SMART Train Depot is presently constructed and commuter rail service anticipated to start in 2017. The SMART facilities were anticipated in the General Plan and do not pose any unanticipated impacts. There is no other information regarding circumstances under which the project is being undertaken that was not known or could not have been known at the time the General Plan EIR was certified.

If a project is not exempt from CEQA due to subdivision (b), the analysis of the environmental

effects of the project covered in the EIR or the negative declaration shall be limited to an


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analysis of the project-specific effect of the projects and any effects identified pursuant to

subdivisions (b)(2) and (3).

There are no circumstances that prohibit the project from qualifying for the Residential Infill

Exemption. Therefore, in accordance with the above verification demonstrating consistency

with Section 15195, the proposed Cotati Station Apartments Project is exempt pursuant to the

Residential Infill Exemption.

Cotati Station Apartments CEQA Exemption

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Transcript of Cotati Station Apartments CEQA Exemption