2016/04/14 Planning Commission Resolution (2)PLANNING COMMMISSION RESOLUTION NO. 2016-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A MODIFICATION TO
THE TEMPORARY USE PERMIT FOR UNIVERSITY DISTRICT VAST OAK
LAND DEVELOPMENT PHASE I MODEL HOME COMPLEXES
(University District LLC)
WHEREAS, the applicant, University District LLC, filed Planning Application No.
PLTU2015-0032 requesting a Temporary Use Permit for the construction of the Model Homes,
Sales Offices and Design Centers in the Cypress, Mulberry and Magnolia neighborhoods within
the Vast Oak Land Development Phase 1 within the University District Specific Plan in
accordance with the City of Rohnert Park Municipal Code;
WHEREAS, on August 27, 2015 the Planning Commission reviewed Planning
Application No. PLTU2015-0032 at which time interested persons had an opportunity to testify
either in support of or opposition to the project; and
WHEREAS, at the August 27, 2015, Planning Commission meeting, upon considering
all testimony and arguments, if any, of all persons desiring to be heard, the Commission
considered all the facts relating to Planning Application No. PLTU2015-0032 and unanimously
voted to adopt Resolution 2015-14 approving the Temporary IJse Permit for IJniversity District
Vast Oak Land Development Phase 1 Model Home Complexes subject to Conditions of
Approval; and
WHEREAS, on March 21, 2016, the applicant submitted a request to modify Planning
Application No. PLTU2015-0032 and the Conditions of Approval for the Temporary Use Permit
for University District Vast Oak Land Development Phase 1 Model Home Complexes; and
WHEREAS, the requested modification to Planning Application No. PLTU2015-0032
was processed in the time and manner prescribed by State and local law; 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 April 14, 2016, the Planning Commission reviewed the requested
modification to Planning Application No. PLTU2015-0032 at which time interested persons had
an opportunity to testify either in support of or opposition to the project; and
WHEREAS, at the April 14, 2016 Planning Commission meeting, upon considering all
testimony and arguments, if any, of all persons desiring to be heard, the Commission considered
all the facts relating to Planning Application No. PLTU2015-0032; and
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Factors considered. The Planning Commission, in approving Planning
Application No. PLTU2015-0032, makes the following factors, to wit:
A. That the proposed location of the Temporary Conditional Use is consistent with the
objectives of the Zoning Ordinance and the purposes of the district in which the site is
located;
The proposed use will comply with the Development Standards in the University District
Specific Plan, Tentative Map and Development Area Plan for University District Vast
Oak Land Development Phase 1.
B. That the proposed location of the Temporary 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 injurious to properties or improvements in the vicinity,
and that the operation and maintenance of the Conditional Use will be compatible with
the surrounding uses.
The area where the model homes, sales offices and design centers will be located on 5 to
8 lots within each neighborhood. The model homes will be appropriately located within
lots to meet all development standards for eventual sale. Prior to operation of the
proposed complexes roads and sidewalks will be completed. Public access on the site will
be limited to the 3 model home complex sites. Construction operations will be separated
from the sales facilities.
C. The proposed Temporary Conditional Use will comply with each of the applicable
provisions of this title.
The models, streetscape and landscaping proposed are consistent with the Development
Area Plan for Development Phase 1 as approved by the City Council and the Water
Efficient Landscape Ordinance. Temporary facilities such as parking, ADA compliance,
fencing and restrooms comply with Model Home requirements. Vehicular and pedestrian
access is adequate. Fencing will prohibit visitors from entering construction areas.
Section 3. Environmental Clearance. An Environmental Impact Report (SCH No.
2003122014) was prepared for the University District Specific Plan. An Addendum to the
Environmental Impact Report was completed in 2014 reflecting the updated Specific Plan and
related entitlements, including the construction of residential units.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve the modification to Planning Application No. PLTU2015-0032 subject to the following
conditions:
General Conditions
1. The Temporary Conditional Use Permit is approved for up to 48 months from the Planning
Commission approval date subject to an annual review by Development Services staff for
compliance with application provisions and conditions of approval. A report on the status and
compliance with conditions shall be submitted to the Planning Commission. After reviewing
the report the Planning Commission may determine if further review of the permit is
necessary.
2. Hours of operation for public access to the Sales Offices and Design Centers for the Cypress,
Mulberry and Magnolia Neighborhoods are limited to 8:00 AM to 6:00 PM. Builder staff
shall be permitted to access the Sales Offices and Design Centers for the Cypress, Mulberry
and Magnolia Neighborhoods until 7:00 PM.
3. The applicant shall comply with all applicable sections of the Rohnert Park Municipal Code
and shall obtain all necessary permits from the Building and Public Safety Departments prior
to commencement of operation of the sales at the model home complexes.
4. Implement § 492.16 of the Water Efficient Landscape Ordinance which requires that all
landscaping for model homes shall use signs and written information to demonstrate the
principles of water efficient landscapes. The design of signs and written materials shall be
approved by the City prior to installation. Signs shall be installed and written materials
available prior to occupancy or operation of any sales office.
All Neighborhoods
5. Prior to occupancy and opening of the sales office, design centers and models to the public, a
phased occupancy plan shall be approved by the City. The plan shall delineate those areas
that will be open to the public (vehicle traffic and pedestrian traffic) and the means of
separating construction activity from the public (fences, etc). The phasing plan shall delineate
the neighborhood streets that will be open to model home sales traffic, future resident traffic
and construction traffic. The phasing plan will show the fencing and other means of
separation between construction access, active and storage, from sales and future resident
activity. All streets and other areas open to the public shall be free of construction activity,
including storage of material, staging/ unloading, and operation of equipment.
6. Prior to start of combustible construction of the model home complex (including sales office,
design centers and models), the water system and fire hydrants serving the development shall
be installed, cleaned, pressure tested, disinfected and otherwise operational per City
requirements. Streets serving each neighborhood model home complex shall be graded, lime -
treated, and rocked to provide and all-weather surface.
Prior to occupancy and opening of the sales office, design centers and models to the public,
the streets serving each neighborhood model home complex shall be paved and striped.
8. Prior to occupancy and opening of the sales office, design centers and models to the public,
sidewalks and other street improvements serving each neighborhood model home complex
shall be completed.
9. Streetlights within the model home complexes shall be completed and operational by August
1, 2016 or prior to issuance of the first certificate of occupancy.
10. Prior to start of home construction, a surety bond shall be posted, covering the cost of
removing parking and other temporary improvements associated with the complex (the
model homes and landscaping on the model home sites, which are permanent features, shall
be excluded from the surety bond) and providing for the conversion/ completion of work
needed to ready the homes in the complex for sale.
11. Temporary electrical power to the model homes, sales offices, and design centers shall be
provided by temporary gas-fired generators installed in the locations indicated in the
Temporary Power for Models Exhibit, attached hereto as Exhibit 1. Prior to the installation
of the temporary generators, a generator permit shall be obtained from the City of Rohnert
Park Building Department. The temporary generators may be operational 24 hours/day in
compliance with the noise limits within the City's Municipal Code, including the limitation
of 50 dBA between 7:00pm and 7:00am. The generators would be shut down if they did not
adhere to the City's Noise Ordinance or if multiple noise complaints are received by the City.
Generators and electrical drops shall be removed as soon as the in -tract underground
electrical system is operational and no later than September 1, 2016.
12. All landscaping and water efficient irrigation will be consistent with the approved landscape
plans in the University District Development Area Plan I.
13. Signage shall be installed as shown on the proposed model home complex site plans, except
that a maximum of twelve (12) rigid project banners will be permitted for each complex.
Nylon project flags are not permitted. No other signage has been requested or approved
outside of the area within the three model home complexes.
Cypress Neighborhood
14. The Model Home Complex for the Cypress neighborhood and the related improvements are
limited to Lots 392, 393, 394, 395 and 396. Parking, signage and sign poles, temporary
fencing, temporary structures and other improvements, excepting homes for future sale on
Lots 392, 393 and 394 shall be removed upon completion of sales for the Cypress
neighborhood or before expiration of this Use Permit.
Mulberry Neighborhood
15. The Model Home Complex for the Mulberry neighborhood is limited to Lots 149, 150, 151,
152 and 153. Parking, signage and sign poles, temporary fencing, temporary structures and
other improvements, excepting homes for future sale on Lots 151, 152 and 153 shall be
removed upon completion of sales for the Mulberry neighborhood or before expiration of this
Use Permit.
Magnolia Neighborhood
16. The backyard fencing for Lot 270 shall be revised to follow the property lines for the lot (the
southwest corner of the fenced backyard encroaches into the motor court on the lot to the
south, as currently drawn).
17. The Model Home Complex for the Magnolia neighborhood is limited to Lots 264, 265, 266,
267, 268, 269, 270 and 271. Parking, sales trailer, signage and sign poles, temporary fencing,
temporary structures and other improvements, excepting homes for future sale on Lots 267,
268, 269 and 270 shall be removed upon completion of sales for the Mulberry neighborhood
or before expiration of this Use Permit.
BE IT FURTHER RESOLVED that said action shall not be deemed final until the
appeal period has expired and that the appeal period shall be ten (10) working days from the date
of said action. No building permits shall be issued until the appeal period has expired, providing
there are no appeals.
DULY AND REGULARLY ADOPTED on this 14th day of April, 2016 by the City of
Rohnert Park Planning Commission by the following vote:
AYES: NOES: ABSENT: 0 ABSTAIN:
ADAMS BLANQUIE BORBA _ GIUDICE HAYDON
A r _
rba, Chaff son, Rohneri Park Planning Commission
'J
Attest: 0 �
asan A it
do, Recording Secretary
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