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2016/04/14 Planning Commission ResolutionPLANNING COMMMISSION RESOLUTION NO. 2016-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A TEMPORARY USE PERMIT FOR THE SOUTHEAST ROHNERT PARK DEVELOPMENT PHASE I MODEL HOMES COMPLEX (Redwood Equities Investments LLC) WHEREAS, the applicant, Redwood Equities Investments LLC, filed Planning Application No. PLTU2016-0004 a Temporary Use Permit for the construction of the Model Homes Complex for Development Phase 1 within the Southeast Specific Plan in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PLTU2016-0004 was processed in the time and manner prescribed by State and local law; 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 Planning Application No. PLTU2016-0004 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. PLTU2016-0004; 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. PLTU2016-0004, makes the following factors, to wit: A. 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,- The ocated; The proposed use will comply with the Development Standards in the Southeast Specific Plan, Tentative Map, and Development Area Plan for the Southeast Area Development Phase 1. B. 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 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 and sales office will be located is on eight lots within the Southeast Area. 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, sidewalks and street lighting will be completed. Public access on the site will be limited to the model home complex site. Construction operations will be separated from the sales facilities. C. The proposed 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. Temporary facilities such as parking, ADA compliance, fencing and restrooms comply with Model Home requirements. Vehicular and pedestrian access is adequate. Section 3. Environmental Clearance. An Environmental Impact Report (SCH No. 2003 112011) was prepared for the Southeast Specific Plan Project and certified by the City on December 10, 2010. NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PLTU2016-0004 subject to the following 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 model homes complex sales office is limited to 8:00 AM to 6:00 PM. 3) The applicant shall comply with all applicable sections of the Rohnert Park Municipal Code and the California Building Code (CBC) shall obtain all necessary permits from the Building and Public Safety Departments prior to commencement of operation of the sales at the model homes complexes. General Site and Building Elements as required for Americans with Disablilities Act (ADA) compliance include: a. Provide handicap parking spaces as required by CBC Table 1113-208.2 Parking Spaces. b. Provide an accessible route from accessible parking to the accessible sales offices (CBC 11 B-206.2.1). c. Parking space identification signs are required (CBC I IB -502.6). d. Floor or ground surfaces shall be stable, firm and slip resistant and shall comply with CBC Section 1113-302. e. Provide maneuvering and turning space clearances for front approach doors at sales office (CBC 1113-304; 1113-404.2.4). f. Thresholds, if provided at doorways, shall be one half inch maximum (CBC 1IB- 404.2.5). g. Provide dimensions for walkways, door widths, approaches, maneuvering areas, turning spaces, signage, work surface heights, etc. (CBC 107.2). Work surfaces shall comply with CBC Section I IB -902. 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. 5) Prior to start of model home construction, the water system and fire hydrants serving be installed, cleaned, pressure tested, disinfected and otherwise operational. Streets serving the model homes complex shall be graded, lime -treated, and rocked to provide an all-weather surface. 6) Prior to occupancy and opening of the sales office and models to the public, the streets serving the model homes complex shall be paved and striped and sidewalks and other street improvements serving each the model homes complex shall be completed. 7) Prior to occupancy and opening of the sales office and models to the public, power shall be made available to the complex via temporary generators on Lots 25 and 93, in the locations shown on Exhibit 1, attached hereto. Prior to the installation of the temporary generators, a generator permit shall be obtained from the City of Rohnert Park Building Department. Temporary generators shall be compliance with the noise standards provided in the City of Rohnert Park Municipal Code Section 17.12.030. Operation of the generators shall be restricted to between the hours of 7:00 am to 5:00 pm during construction of the model homes and sales office. Operation of the generators shall be restricted to between the hours of 8:00 am to 6:00 pm during operation of the model homes and sales office until October 31, 2016 and to between the hours of 8:00 am to 5:00 pm after November 1, 2016 to April 1, 2017. Temporary generators and electrical drops shall be removed as soon as the in -tract underground electrical system is operational and no later than April 1, 2017. 8) Prior to occupancy and opening of the sales office 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). 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. 9) Prior to start of home construction, a bond shall be posted, covering the cost of removing parking and other improvement associated with the complex, and providing for the conversion/ completion of work needed to ready the homes in the complex for sale. 10) A final landscaping plan for the 1 st Phase front yards shall be provided for review and approval by the City as part of the model homes complex building permit application. The plans shall include final WELO water use calculations. 11) A final map shall be recorded prior to issuance of model home permits, unless the applicant chooses to enter into a model home agreement allowing construction prior to filing the map. 12) Signage shall be installed as shown on the proposed model homes complex site plan. No other signage has been requested or approved outside of the area within the model home complex. 13) The model homes complex and the related improvements are limited to Lots 22, 23, 24, 25, 26, 93, 94, 95, and 96. Parking, signage and sign poles, temporary fencing, temporary structures and other improvements, excepting homes for future sale on Lots 22, 23, 24, 94, 95, and 96 shall be removed upon completion of sales or before expiration of this Temporary 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: 9 NOES: ABSENT: 6 ABSTAIN: 0 ADAMS BLANQUIE ✓� BORBA GIUDICE / HAYDON Borba, Chairperson, Rohnert Park Planning Commission o, Recording Secretary W"14 ,w W. �,._.� rw C 1%.