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2014/04/22 City Council Resolution 2014-038RESOLUTION NO. 2014 -038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE EXTENSION OF A DEVELOPMENT AREA PLAN FOR THE VILLAGE NORTH AREA OF THE WILFRED/DOWDELL SPECIFIC PLAN PROJECT SITE LOCATED ON PROPERTY BOUNDED BY REDWOOD DRIVE ON THE EAST, GOLF COURSE DRIVE WEST ON THE SOUTH, DOWDELL AVENUE ON THE WEST AND HOME DEPOT ON THE NORTH (APN 045- 055 -007) FILE NO PL2011 -006UP WHEREAS, Oxford Hotel Group has requested by a letter dated February 26, 2014, a two year extension of the Development Area Plan for a five (5) story, 163 room Oxford Suites Hotel and a McDonald's fast food restaurant on property bounded by Redwood Drive on the east, Golf Course Drive West on the south, Dowdell Avenue on the west, and the Home Depot property on the north (APN 045- 055 -007), in accordance with the City of Rohnert Park Municipal Code ( "RPMC "); and WHEREAS, the Development Area Plan was approved by the City Council on May 22, 2012; and WHEREAS, pursuant to Rohnert Park Municipal Code section 17.06.420 a Development Area Plan expires in two years unless construction commences; and WHEREAS, since construction has not commenced, the Development Area Plan for the project will expire on May 22, 2014 unless a two (2) year extension is approved by the City Council; and WHEREAS, Rohnert Park Municipal Code section 17.06.420 allows for an up to two year extension for good cause shown by the applicant; WHEREAS, Oxford Hotel Group has requested by letter dated February 26, 2014 a two year extension of the Development Area Plan to May 22, 2016; and WHEREAS, in the letter dated February 26, 2014, Oxford Hotel Group states that they are working diligently on the project and plan to begin construction as soon as possible; and WHEREAS, this project is covered under the Environmental Impact Report prepared for the Wilfred / Dowdell Village Specific Plan State Clearinghouse No. 1998072036; and WHEREAS, pursuant to California State Law and the RPMC, public hearing notices were mailed to all property owners within an area exceeding a three hundred foot radius of the subject property and a public hearing was published in the Community Voice for a minimum of 10 days prior to the first public hearing; and WHEREAS, on April 22, 2014, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and WHEREAS, the City Council has reviewed and considered the information contained in the letter from Oxford Hotel Group dated February 26, 2014 for the proposed Development Area Plan extension. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park makes the following findings, determinations and recommendations with respect to the proposed Development Area Plan extension: Section 1. The above recitations are true and correct and material to the adoption of this Resolution. Section 2. Findings Regarding: Development Area Plan extension — Village North of the Wilfred /Dowdell Specific Plan. The City Council hereby makes the following findings concerning the Development Area Plan extension — Village North Area of the Wilfred /Dowdell Specific Plan proposed by Planning Application No. PL2011- 006SR/tIP pursuant to Rohnert Park Municipal Code section 17.06.390: 1. The proposed development conforms to the specific plan. Criteria Satisfied. The Development Area Plan conforms to the specific plan and provides additional details on the project including site plan, floor plans building elevations, landscaping details, lighting details and street improvements. The proposed development is consistent with the specific plan because it conforms to the requirements in the specific plan related to land use, public improvements and related amenities. 2. Public infrastructure and services can be provided concurrently with the development. Criteria Satisfied. As described in the Wilfred /Dowdell Specific Plan, Village North is designed to have adequate infrastructure, integrated with existing City roadways, streets, bicycle paths, and walkways. All streets and thoroughfares will meet the standards of the City. The proposed development has been designed to provide satisfactory vehicular circulation and public improvements, such as utilities and drainage facilities that have been designed and are conditioned to be constructed in conformance with City standards. In addition, the Council hereby finds that the applicant has shown good cause to justify an extension due to the need to secure other regulatory permits, which the developer is actively pursuing. Section 3. A duly noticed public hearing on the proposed Development Area Plan extension was held on April 22, 2014. NOW, THEREFORE, BE IT FURTHER RESOLVED, THAT the City Council does hereby adopt the Findings stated hereinabove and approves the two (2) year extension of the Development Area Plan to May 22, 2016 — Village North Area of the Wilfred /Dowdell Specific Plan as provided for in Exhibit A, letter from Oxford Hotel Group dated February 26, 2014. Page 2 of 3 2014 -038 DULY AND REGULARLY ADOPTED this 22" day of April, 2014. 6.7 ATTEST: ,�_<;F�� . t3 r Carrie Willis, Deputy City Clerk Attachment: Exhibit A CITY OF ROHNERT PARK Joseph . llinan, Mayor BELFORTE: `�r _ MACKENZIE: �0- STAFFORD: —R-AC, AHANOTU: (i t 1� CALLINAN: AYES: (ij ) NOES: (( ) ABSENT: ( 6 ) ABSTAIN: ( C ) Page 3 of 3 2014 -038 Ox"OR-9 Hotel Group Ms. Marilyn Ponton, AICP Int. Development Services Director City of Rohnert Park 130 Avra m Ave. Rohnert Park, CA 94928 2/26/14 EXHIBIT A Re: City Council Resolution No. 2012 -46 (Oxford Suites /MCDonaId's Development Area Plan) Development Area Plan Extension Dear Ms. Ponton: Please accept our request to extend the expiration date of our Development Area Plan (City Council Resolution No. 2012 -46) for the Oxford Suites hotel and McDonald's restaurant at the northwest corner of Golf Course Drive West and Redwood Drive. The description of this resolution is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING A DEVELOPMENT AREA PLAN FOR THE VILLAGE NORTH AREA OF THE WILFRED /DOWDELL SPECIFIC PLAN PROJECT SITE LOCATED ON PROPERTY BOUNDED BY REDWOOD DRIVE ON THE EAST, GOLF COURSE DRIVE WEST ON THE SOUTH, DOWDELL AVENUE ON HTE WEST AND HOME DEPOT ON THE NORTH (APN 045 -055 -007), FILE NO PI2011- 006UP. As you know, we have been working diligently on this project for some time now. Unfortunately, due to delays of the US Fish and Wildlife Service's processing of our Section 7, Endangered Species Act Biological Opinion, we do not believe that we will be able to start construction prior to our current Development Area Plan expiration date of 4/26/14. Over the past two years, we have been working with City of Rohnert Park staff and McDonald's USA, LLC to coordinate the details of our respective building designs into a unified site plan. We have also been working City of Rohnert Park legal agreements and the subdivision of our land to bring this project to fruition. Our efforts have resulted in the following milestones including: 1. Tentative Parcel Map Submitted, October, 2013 2. Tentative Parcel Map Revisions Submitted, February, 2014 3. US Army Corps of Engineers 404 Permit Submitted, October, 2013 4. Biological Opinion for USFWS Approval referred by USACE, October, 2013 5. North Coast Regional Water Board Section 401 Permit Application Submitted, November, 2013 6. Grading Permit Application Submitted, December, 2013 7. Oxford Suites Building Permit Application Submitted, December, 2013 8. McDonald's Building Permit Application Submitted, December, 2013 9. Stormwater Pollution Prevention Program NOI completed January, 2014 10. Sonoma County Water Authority Flood Control Review, Submitted January, 2014 11. Standard Urban Storm Mitigation Plan, Submitted January, 2014 ,?Y5 1\1E Bellevue: Drive, Suite 210 bend, Oregon 97x01 ra 541.3821 2188 f 5441 332.9461 ox I ordhotclg rot ir, com Request to Extend Resolution 2012 -46 2/26/14 We are currently completing revisions to our hotel building permit application and our grading permit application which will be resubmitted shortly. Once we receive our appending letter of our Biological Opinion from the USFWS, we will procure our environmental mitigation credits, obtain our Consistency Determination from the California Department of Fish and Game and have our US Army Corps of Engineers 404 permit released. We are currently working with representatives of the City of Rohnert Park to complete any additional agreements and financial assurances that will be required to complete the subdivision of our parcel. After completing these tasks, we will pull our permits and begin construction as soon as possible. Please forward this request to the Rohnert Park City Council for their review at their 3/25/14 council meeting. In the meantime, if you have any questions about this request, please don't hesitate to call me. We look forward to bringing this exciting project to fruition for the benefit of McDonald's, Oxford Suites and the City of Rohnert Park. Best regards, ('u—r t Baney CEO and President Oxford Suites 2