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2010/12/07 City Council Resolution 2010-140RESOLUTION NO. 2010-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DENYING AN ADJUSTMENT APPEAL PURSUANT TO THE INCLUSIONARY HOUSING ORDINANCE (RPMC SECTION 17.07.020 (N) AND APPROVING IN PART THE APPEAL OF TENTATIVE MAP CONDITION OF APPROVAL NO. 70 FOR THE SOUTHEAST AREA SPECIFIC PLAN FOR THE SOUTHEAST AREA LOCATED NORTHEAST OF BODWAY PARKWAY AND VALLEY HOUSE DRIVE (APN 047 -111 -030) IN SONOMA COUNTY, CALIFORNIA WHEREAS, the applicant, Redwood Equities, LLC ( "Applicant ") submitted an application to the City of Rohnert Park for a General Plan Amendment, Specific Plan, Annexation, prezoning; and a tentative map for the real property located at Valley House Drive and Bodway Parkway, APN 40 -11 -030, ( "the Property "); WHEREAS, the proposed applications would allow development of the Property, which includes 475 residential units, approximately 10,000 square feet of commercial space, and approximately 5 acres of park space, 2.1 -acre storm detention basin and water storage facility (the "Project "); WHEREAS, on November 16, 2010, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposed project; WHEREAS, the Planning Commission has reviewed and considered the information and recommended to City Council approval of all applications subject to revisions to tentative map conditions of approval related to a sidewalk along Petaluma Hill Road; WHEREAS, on November 24, 2010, the Applicant submitted an appeal and request that the City Council approve the Project, including the Affordable Housing Plan attached as an exhibit to the Development Agreement, with an adjustment allowing the Applicant to construct and sell all for -sale affordable housing units to moderate income purchasers ( "Adjustment Appeal "). The Applicant, in the same letter, further requested that the City Council modify Tentative Map Condition of Approval No. 70 allowing the use of potable water for irrigation of the proposed park ( "Condition of Approval Appeal ") (collectively the "Appeals "); WHEREAS, December 7, 2010, the City Council of the City of Rohnert Park held a duly noticed public hearing to consider the Appeals; WHEREAS, the City Council independently reviewed written and oral information received from City staff concerning the Project and the Appeals, which includes all of the information that was before the Planning Commission; WHEREAS, the City Council received oral and written testimony from the Applicant and members of the public and independently reviewed and considered such testimony. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Rohnert Park, California, denies the Adjustment Appeal pursuant to the Inclusionary Housing Ordinance (RPMC Section 17.07.020 (N) allowing all for -sale housing affordable units for moderate income buyers based on the findings set forth in the December 7, 2010 Council Agenda Item Staff Report and the following findings set forth below:. The City's inclusionary housing ordinance (section 17.07.020 (N)(4)) requires that for sale affordable units shall be affordable to both low and moderate income households. Developer has requested an adjustment to allow that all affordable for sale units may be sold only to moderate income households. Section 17.07.020 (N)(15) of the City's code allows developers to apply for a reduction, adjustment or waiver of the requirements of the inclusionary housing ordinance. The City's inclusionary housing ordinance indicates that the developer has the burden to submit a factual and legal basis to support the request for the adjustment. Further, the developer has to show that there is no reasonable relationship (or nexus) between the impact of the development project and the City's inclusionary requirement. 1. The appeal submitted by SESP does not provide a legal or factual basis required for the requested adjustment. The appeal includes information regarding the Regional Housing Needs Allocation (RHNA) for the period of 1999 to 2006. While the City did meet RHNA for low but not moderate income households during that period, the Housing Element projects that there is a need for low and moderate housing units during the current (2007 -2014) period and into the future. Further, the appeal states that due to housing and mortgage market conditions and the economic uncertainty that many fair - market value house prices are below affordable housing prices and many potential homebuyers are not able to obtain mortgages but does not provide any data to support these statements. This project will build out over a number of years and there is no way to predict the length or impact of the current economic situation. Economic impacts are not cited as reasons for waiver of ordinance provisions. 2. There is no evidence of an absence of nexus or reasonable relationship between the impacts of proposed development and the need for affordable for - sale residential units for low income households The purpose of the Inclusionary Housing Ordinance regulations is to mitigate the impacts caused by residential development projects on rising land prices for a limited supply of available residential land. The development of this project, similar to other development projects approved by the City, impacts the amount of land available for development of low income housing units. SESP will affect the City's efforts to increase the supply of for -sale residential units for low income households. The Council hereby denies the Adjustment Appeal and makes no modifications to the Affordable Housing Plan, which is an exhibit to the Development Agreement. BE IT FURTHER RESOLVED, that the City Council of the City of Rohnert Park, hereby approves in part the appeal to modify Tentative Map Condition of Approval No. 70 based on the findings set forth in the December 7, 2010 Council Agenda Item Oral Staff Report and hereby approves the following Modified Condition No. 70: 70) The existing Recycled Water system shall be extended by the project proponent to serve the proposed public park and detention basin within the project before any building permits for Phase 3 or 4 are issued. Improvement plans shall include the design and construction of the recycled water extension subject to the review and approval of the City of Santa Rosa City Engineer and the City of Rohnert Park City Engineer. Prior to the extension of the existing Recycled Water system to the park and detention basin, the developer shall temporarily use potable water for irrigation. The City's Per Acre For Development water connection fee for the 7.1 acre park and detention basin site shall not be paid due to the temporary use of potable water on the site. Developer shall pay the water consumption charges to City for potable water actually used at the site for irrigation. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park on this 7th day of December, 2010. CITY OF ROHNERT PARK BELFORTE: AYE BREEZE: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)