2017/01/10 City Council Resolution 2017-010RESOLUTION NO. 2017-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, APPROVING AMENDMENTS TO THE STADIUM AREA MASTER
PLAN, ADOPTION OF A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE
PERMIT FOR THE RESIDENCES AT FIVE CREEK PROJECT (APN 143-040-124)
WHEREAS, MJW Investments, LLC, filed Planning Application No. PLDV2016-0001
proposing a General Plan Amendment, amendment to the Stadium Area Master Plan (a Planned
Development), adoption of a Final Development Plan (including a related Conditional Use Permit)
and a Development Agreement and Planning Application No. PLEN 2016-0003 for the related
certification of a Mitigated Negative Declaration ("MND") and Planning Application No.
PLSD2016-0001 proposing a Tentative Map for a proposed project on a 15.30 acre parcel located
at 5900 Labath Avenue (APN 143-040-124), in accordance with the City of Rohnert Park
Municipal Code ("RPMC"); and
WHEREAS, the proposed amendment to the SAMP would change the land use
designation on the 12.62 acre project site from its current designation of Regional Commercial to
Regional Commercial, High Density Residential and Parks/Recreation. A copy of the SAMP with
red -lined changes, corrections to the text and new graphics is incorporated into this Resolution as
Exhibit 1; and
WHEREAS, the proposed Residences at Five Creek Final Development Plan would allow
for the development of 135 units of multi -family residential, 132 hotel rooms, 34,300 square feet
of retail and service commercial, a 0.65 acre city park and the related infrastructure and
improvements to support the project as specified in Exhibit 2; and
WHEREAS, prior to development of any phase in the Stadium Area Planned
Development, a Conditional Use Permit (CUP) is required. A CUP has been requested as an
entitlement by MJW Investments for the Residences at Five Creek Project; and
WHEREAS, the City has assessed the potential environmental impacts associated with
the Project and has prepared a Mitigated Negative Declaration. The Planning Commission
reviewed the Mitigated Negative Declaration prepared for the Project; recommended its approval
by the City Council; and has otherwise carried out all requirements for the Project pursuant to
CEQA; 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 for a minimum of 10 days prior to the first public
hearing in the Community Voice; and
WHEREAS, on December 8, 2016, the Planning Commission held a public hearing which
was continued to December 22, 2016 at which time interested persons had an opportunity to testify
either in support or opposition to the proposal; and
WHEREAS, the Planning Commission reviewed and considered the information
contained in the proposed SAMP Amendment, Final Development Plan and Conditional Use
Permit; and
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WHEREAS, the Planning Commission voted 4-0 to recommend approval of the proposed
SAMP Amendment, Final Development Plan, and Conditional Use Permit; and
WHEREAS, on January 10, 2017, the City Council held a public hearing at which time
interested persons had an opportunity testify either in support or opposition to the proposed SAMP
Amendment, Final Development Plan, and Conditional Use Permit; and
WHEREAS, the City Council has reviewed and considered the information contained in
the proposed SAMP Amendment, Final Development Plan, and Conditional Use Permit.
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 SAMP Amendment, Final Development Plan, and Conditional Use Permit:
Section 1. The above recitations are true and correct.
Section 2. The City Council approved the Mitigated Negative Declaration for this
Project concurrently with the City Council's approval of this Resolution.
Section 3. Findings Regarding Proposed SAMP Amendment. City Council hereby
makes the following findings concerning the SAMP amendment proposed by Planning
Application No. PLDV2016-0001:
1. That the proposed SAMP amendments are consistent with the General Plan.
Criteria Satisfied. The proposed amendment to the SAMP would change text and
graphics with the SAMP document. The Residences at Five Creels, Final Development
Plan would be incorporated into the SAMP document as part of this action. The land
use designations of the site will change from Regional Commercial to High Density
Residential, Regional Commercial and Parks/Recreation. This change facilitates the
development of the Residences at Five Creek project as proposed with an apartment
complex, public park, hotel and retail center. The Residences at Five Creek project site
is within the boundaries of the SAMP area. Approved land uses within the boundaries
of the SAMP include: High Density Residential (12-24 units/acre), Commercial -
Regional, and Parks/Recreation. The 12.62 acre parcel is within the SAMP and is
designated Regional Commercial. The project proposes to utilize the project site to
develop 135 high density residential units, 34,300 square feet of retail commercial and
a 0.65 acre public park. The project site would result in an increase in the number of
residential units approved under the SAMP from 338 to 473 units.
The proposed project site is located within the SAMP boundaries where other high
density residential projects have been constructed and is adjacent to existing retail
commercial development. Therefore, the amendment to the SAMP would be
appropriate for development under the General Plan's High Density Residential land
use designation, Retail Commercial designation and Parks/Recreation designation, as
recommended for amendment.
The proposed development would provide a diversity of land uses. The site will have
access to services necessary to serve multi -family development, including: proximity
to retail and employment uses; access to recreational facilities (e.g. Hinebaugh Creek
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path and new park); and available infrastructure capacity (roads, public utilities, etc.).
The inclusion of park space within the project ensures that adequate park and open
space area is available to all multi -family uses within the Stadium Area Master Plan.
The project promote General Plan policies related to the promotion of a compact urban
form, an increased connectivity between and within neighborhoods, the designation of
pedestrian oriented activity centers, a variety of housing and a mix of housing types,
the protection of creeks and provision of a network of trails and parks, and a land use
pattern to maximize accessibility to parks and commercial centers.
2. That the proposed amendment will not result in an internal inconsistency in the General
Plan.
Criteria Satisfied. The SAMP Amendment is discussed in the application materials,
the Mitigated Negative Declaration, resolution adopting the General Plan amendment
and staff report. The City adopts the conclusions and analysis of those document
regarding General Plan consistency and incorporates these by reference. The Project,
including the General Plan Amendment, is consistent with the General Plan, as
recommended for amendment, and will result in an internally consistent General Plan.
3. That a duly noticed public hearing has been held to receive and consider public
testimony regarding the proposed amendments to the General Plan Land Use Diagram.
Criteria Satisfied. A duly noticed public hearing on the proposed General Plan
Amendment was held on January 10, 2017.
Section 4. Findings Regarding the Final Development Plan. The City Council hereby
makes the following findings concerning the Residences at Five Creek, Final Development
Plan proposed by Planning Application No. PLDV2016-0001:
1. That Each individual component of the development can exist as an independent unit
capable of creating an environment of sustained desirability and stability, and the uses
proposed will not be detrimental to present and potential surrounding rases but instead
will have a beneficial effect which could not be achieved under another zoning district;
Criteria Satisfied. The Residences at Five Creek Final Development Plan establishes
four components (apartments, hotel, park, shopping center) for the development to be
built in two phases. The first phase would involve the construction of the hotel,
apartments, and park. The shopping center would be built as a second phase. Each
component can exist as an independent unit with the necessary financial capacity to
support development of infrastructure and related facilities therein. As described in the
Final Development Plan and the staff report, each project phase incorporates a variety
of complementary uses which provide housing, access to parks and open space,
pedestrian and bicycle friendly infrastructure, and commercial development. A mixed
use project of this type could not be achieved under any other zoning district because
the City currently lacks zoning that would allow for this mixture of land uses.
2. The streets and thoroughfares proposed meet the standards of the city and adequate
infrastructure can be supplied to all phases of the development;
Criteria Satisfied. As described in the Final Development Plan and staff report each
Phase of the Project is designed to have adequate infrastructure, integrated with existing
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City roadways, street, bicycle paths, and walkways. All publicly owned streets and
thoroughfares will meet the standards of the City.
3. Any commercial component complements other uses in the development,-
Criteria
evelopment;
Criteria Satisfied. As described in the Final Development Plan and the staff report,
the Project incorporates a variety of complementary uses which provides housing,
access to parks and open space, pedestrian and bicycle friendly infrastructure. These
complement to Project's commercial component. The Final Development Plan
provides for commercial component to be integrated with residential and other
components throughout the Project site complementing those components by
enhancing public convenience, employee access to recreational amenities and,
reducing commuter and traffic congestion. The mixed use character of the Final
Development Plan allows commercial components of the Project to complement other
Project components.
4. Any residential component will be in harmony with the character of the surrounding
neighborhood and community and will result in densities within the P -D district that
are no higher than that permitted by the general plan;
Criteria Satisfied. As described in the Final Development Plan and staff report, the
Project will provide for housing consistent with the designated High Density
Residential General Plan category. This will result in a similar residential intensity to
the recently completed Fiori Estates and The Reserve apartment complexes to the north.
The Final Development Plan provides for commercial components to be accessible to
the residential uses by creating an integrated pedestrian circulation system.
S. Any industrial component conforms to applicable desirable standards and will
constitute an efficient, well -organized development with adequate provisions for
railroad and/or truck access and necessary storage and will not adversely affect
adjacent or surrounding development;
Criteria Satisfied. No industrial land uses are proposed as part of this Project.
6. Any deviation from the standard zoning requirements is warranted by the design and
additional amenities incorporated in the final development plan, which offer certain
unusual redeeming features to compensate for any deviations that may be permitted;
Criteria Satisfied. The Final Development is consistent with the amended Stadium
Area Master Plan which was established when this property was originally zoned P -D.
Minor deviations to the zoning ordinance and Rohnert Park design standards are
proposed. Zoning ordinance deviations limit the range of permitted land uses allowed
to reduce potential conflict between the commercial and residential land uses.
Deviations from the City's Design Guideline area proposed to allow for the "Modern"
architectural style proposed for the project. This will help ensure that all project
components are built using a similar design style (Modern) and remain visually
consistent.
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The P -D zoning district is consistent with the general plan of the city and any
applicable specific plan.
Criteria Satisfied. The Final Development Plan is proposed concurrently with an
amendment to the General Plan land use designations from Regional Commercial to a
combination of Regional Commercial, Parks and Recreation and High Density
Residential to allow a variety of residential, commercial, public, recreational and other
uses which conform to the Project's mixed use character. The proposed Final
Development Plan is wholly consistent with the General Plan, as recommended to be
amended.
Section 5. Findings Regarding the Conditional Use Permit. The City Council hereby
makes the following findings concerning the Conditional Use Permit proposed by Planning
Application No. PLDV2016-0001:
1. That the proposed location of the conditional use is consistent with the objectives of
the zoning ordinance and the purposes of the district in which the site is located.
Criteria Satisfied. The Conditional Use Permit is consistent with and help to
implement the Planned Development. The Conditional Use Permit applies to the
Residences at Five Creek, Final Development Plan project site and is in conformance
with the proposed amended Stadium Area Master Plan land use designations for the
subject property. The proposed uses are compatible and development will comply with
development standards (e.g. required building setbacks, parking, open space and
building height) and other requirements within the Rohnert Park Municipal Code. As
part of the CUP, Conditions of Approval will be adopted that will be apply at each step
of the site and building development process to ensure that the development of the site
is consistent with adopted regulations, standards and guidelines. Each phase of the
development will go through Site Plan and Architectural Review resulting in an
attractive development that conforms to all of the requirements of the Zoning
Ordinance.
2. That the proposed location of the conditional use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially incurious to properties or improvements in the vicinity, and that
the operationn and maintenance of the conditional use will be compatible with the
surrounding uses.
Criteria Satisfied. The surrounding properties are a mixture of commercial,
residential and light industrial uses. The proposed commercial, multi -family
residential, public park will be compatible with the existing surrounding uses.
Conditions are attached to this Conditional Use Permit to assure that the uses will not
be detrimental to the public health, safety, or welfare or materially injurious to
properties or improvements in the vicinity.
The proposed conditional use will comply with each of the applicable provisions of this
title.
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Criteria Satisfied. Conditions are attached to the Conditional Use Permit to assure
that it complies with each applicable provision of Title 17 (Zoning).
Section 6. The City Council adopts the Findings hereinabove; adopts and approves
Application No. PLDV2016-0001, amending the Stadium Area Master Plan Exhibit 1, adopts the
Final Development Plan Exhibit 2, approves the Conditional Use Permit, and adopts the attached
Conditions of Approval pertaining to the Final Development Plan and Conditional Use Permit
Exhibit 3.
Section 7. This resolution is effective upon the effective date of the Ordinance
approving the Development Agreement for the Residences at Five Creek project.
DULY AND REGULARLY ADOPTED on this 10th day of January, 2017.
ATTEST:
N�l C ---
Caitlin Saldanha, Deputy City Clerk
Attachments: Exhibit 1, Exhibit 2 and Exhibit 3
CITY OF ROHNERT PARK
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