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2018/11/13 City Council Resolution 2018-150 RESOLUTION NO. 2018-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA,APPROVING THE TENTATIVE MAP TO ALLOW THE SUBDIVISION OF PROPERTY LOCATED AT 6400 STATE FARM DRIVE (APN 143-051-072 AND APN 143-051-089) INTO FOURTEEN LOTS AND TEN PARCELS WHEREAS, Laulima Development, LLC, filed Planning Application No. PROJ18-0001 proposing the Station Area Final Development Plan ("FDP"), Conditional Use Permit("CUP"), Tentative Map ("TM") and Development Agreement("DA") for a proposed project, Station Avenue, on a 32 acre parcel ("Project") located at 6400 State Farm Drive (APN 143-051-072 and 143-051-089), in accordance with the City of Rohnert Park Municipal Code ("RPMC"); and WHEREAS, the proposed Tentative Map would allow for the Project site to be divided into fourteen lots and ten parcels, create necessary easements for infrastructure and allow for the Project to be constructed in phases as identified in the FDP and permitted by the CUP; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared for the Central Rohnert Park, Priority Development Area(PDA). The Station Avenue project is located within the PDA and an analysis dated October 2018 and incorporated herein by reference, was prepared to evaluate the consistency of the Project with the PDA EIR (the "Consistency Analysis"). The analysis concludes that the proposed project is consistent with the PDA Plan analyzed in the PDA EIR and that no further environmental review is required; 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 notice was published for a minimum of 10 days prior to the first public hearing in the Community Voice; and WHEREAS, in accordance with the Rohnert Park Municipal Code,the Tentative Map was reviewed by the City's Parks and Recreation Commission and after a public hearing on August 6, 2018, at which time interested persons had an opportunity to testify either in support or opposition to the proposal,the Park and Recreation Commission recommended the proposed park dedication plan within the Tentative Map; and WHEREAS, on October 25, 2018,the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal, and the Planning Commission recommended that the City Council adopt the Tentative Map for the Project; and WHEREAS,the City Council has reviewed and considered the information contained in the proposed Station Avenue Tentative Map application and has considered the recommendations of the Parks and Recreation Commission and the Planning Commission. Page 1 of 6 2018-150 NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Rohnert Park makes the following findings, determinations and approvals with respect to the proposed Tentative Map for the property: Section 1. Recitals. The above recitations are true and correct. Section 2. Findings for CEQA. In accordance with the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared for the Central Rohnert Park, Priority Development Area (PDA). The PDA EIR was previously certified by the City Council. In accordance with the Consistency Analysis, the City Council hereby finds that the proposed project, including the proposed Tentative Map, is consistent with the PDA plan analyzed in the PDA EIR. Pursuant to Section 15162 of the CEQA Guidelines, no new environmental effects could occur as a result of the project and no new mitigation measures would be required. Therefore, no additional environmental review is required. The project will be required to comply with the mitigation measures set forth in the Consistency Analysis. Section 3. Findings Regarding Tentative Map. The City Council, in approving Planning Application No. PROJ18-0001 hereby makes the following findings concerning the Tentative Map pursuant to Government code section 66474 and Rohnert Park Municipal Code section 16.10.090(E): 1. The proposed map, and its design and improvements, are consistent with the General Plan and any applicable specific plan, any policy or guideline implementing the General Plan (including the City's design guidelines), or other applicable provisions of this code. Criteria Satisfied. The proposed Tentative Map is consistent with the General Plan designation of mixed-use for the area, as well as the Central Rohnert Park, Priority Development Area (PDA) plan that was adopted in 2016 and applies to the Project site. The proposed Tentative Map will implement the General Plan and the PDA plan by providing a mixed-use environment with retail, office, residential and recreation uses, commercial and retail services. The project will create new commercial opportunities within the City, increase the supply of housing and provide recreational amenities. The proposed Tentative Map is necessary to implement the Project. It proposes to subdivide the property according to the configuration of retail, office residential and open space uses with the Project's FDP. The Tentative Map provides fourteen lots for each building within the Project. Ten parcels will also be created to accommodate the Project roadways and parks. Parcels are also created in the southern corner of the Project site to allow for the City's corporation yard to be transferred incrementally over time if the yard is reduced in size or moved in the future. The map depicts the specific commercial, public institutional, public park and residential parcels consistent with those in the Station Avenue FDP, as included in the Project approvals. 2. The site is physically suitable for the type of development. Page 2 of 6 2018-150 Criteria Satisfied. The Tentative Map reflects the specific plan for this site as identified in the Station Avenue FDP, which is physically suitable for the proposed development. No major geologic hazards have been reported on the site or other limited conditions that would render it unsuitable for commercial, residential and public development. The site is relatively flat, but has sufficient topography to achieve suitable drainage. 3. The site is physically suitable for the proposed density of development. Criteria Satisfied. The site is of sufficient size and shape and appropriately shown in the Station Avenue FDP, to allow the proposed density of development. The subdivision has been designed to accommodate the future development of residential, commercial (retail and office) and public land uses, taking into consideration the shape and topography of the site. This development is consistent with the land use designations provided for in the Station Avenue Master Plan, as recommended to be amended. 4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, absent a statement of overriding conditions. Criteria Satisfied. The Project is consistent with the PDA EIR which the City prepared an EIR to analyze impacts association with implementation of the Central Rohnert Park, Priority Development Area (PDA) plan. The PDA ER (SCH no 2015102081) was certified in March 2016. The EIR concluded that the majority of the impacts, including biological impacts, of the project could be mitigated or substantially lessened with the adopted mitigation measures. 5. The design of the subdivision or the type of improvements will not cause serious public health problems. Criteria Satisfied. The design of the subdivision and all proposed improvements are consistent with the RPMC, the PDA ER and the City's Manual of Standards. These standards promote the health and well-being of residents of and visitors to the project and the surrounding land uses. The design of the Tentative Map is in conformance with the City's General Plan, Zoning Ordinance, and Subdivision Ordinance. The Tentative Map does not include improvements and further subdivision of the site would be required to develop this site, therefore public health problems would not occur with this map. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large,for access through or use of property with the proposed subdivision, absent alternative, equivalent easements. Criteria Satisfied. The project site is not subject to any existing easements acquired by the public at large for access through will respect all existing easements, and any new easements required by the project have been made conditions of the map approval. Page 3 of 6 2018-150 7. Any proposed phases and their proposed sequence of construction are identified on the submitted map. Criteria Satisfied. The sequencing of the project is clearly indicated in the Project's Final Development Plan and authorized through a Conditional Use Permit. The lots and parcels to be developed within each Project phase are clearly identified on the map. Section 4. Approval. The City Council does hereby approve Application No. PROJ18- 0001 for a Tentative Map as shown in Exhibit 1 to allow the subdivision of property located at 6400 State Farm Drive (APN 143-051-072 and APN 143-051-089,) subject to the recommended conditions of approval attached hereto in Exhibit 2. DULY AND REGULARLY ADOPTED on this 13th day of November, 2018. CITY OF ROHNERT PARK Pam Stafford, Mayor ATTEST: oetAkiLivi. Caitlin Saldanha, Assistant City Clerk Attachment: Exhibit 1 and Exhibit 2 AHANOTU: I BELFORTE:1414 MACKENZIE: Ay! CALLINAN: A�P STAFFORD: AV AYES: ( 5 ) NOES: ( p ) ABSENT: ( O ) ABSTAIN: ( G ) Page 4 of 6 2018-150 NO R T H ©Ɣ 2125-245(707)XAF1546-245)707LET( 10459AC,ASORATNAS,TEERTSDRH5IT1 SREENIGNLIVIC E STCETIHCREPACSDNAALSROYEVRUDNASLSRENNALNABPRU Exhibit 1 to Resolution 2125-245(707)XAF1546-245)707LET( 10459AC,ASORATNAS,TEERTSDRH5IT1 SREENIGNLIVICE STCETIHCREPACSDNAALSROYEVRUDNASLSRENNALNABPRU N O R T H ©Ɣ ©Ɣ 2125-245(707)XAF1546-245)707LET( 10459AC,ASORATNAS,TEERTSDRH5IT1 SREENIGNLIVICE STCETIHCREPACSDNAALSROYEVRUDNASLSRENNALNABPRU N O R T H ©Ɣ 2125-245(707)XAF1546-245)707LET( 10459AC,ASORATNAS,TEERTSDRH5IT1 SREENIGNLIVICE STCETIHCREPACSDNAALSROYEVRUDNASLSRENNALNABPRU N O R T H 2125-245(707)XAF1546-245)707LET( 10459AC,ASORATNAS,TEERTSDRH5IT1 SREENIGNLIVICE STCETIHCREPACSDNAALSROYEVRUDNASLSRENNALNABPRU N O R T H ©Ɣ ©Ɣ 2125-245(707)XAF1546-245)707LET( 10459AC,ASORATNAS,TEERTSDRH5IT1 SREENIGNLIVICE STCETIHCREPACSDNAALSROYEVRUDNASLSRENNALNABPRU N O R T H ©Ɣ 2125-245(707)XAF1546-245)707LET( 10459AC,ASORATNAS,TEERTSDRH5IT1 SREENIGNLIVICE STCETIHCREPACSDNAALSROYEVRUDNASLSRENNALNABPRU N O R T H Exhibit 2 to Resolution Station Avenue Tentative Map COAs 1 October 18, 2018 RECOMMENDED CONDITIONS OF APPROVAL STATION AVENUE TENTATIVE MAP ON-GOING CONDITIONS The conditions below shall apply to the Tentative Map (TM) for the Station Avenue Project (Project) within the Central Rohnert Park Priority Development Area (PDA). The Project shall be developed in accordance with the General Plan (GP), the PDA Plan, Mitigation Measures identified in the Central Rohnert Park Priority Development Area Environmental Impact Report (EIR), the Development Agreement (DA) between the City and Laulima Rohnert Station LLC, the Rohnert Park Municipal Code (RPMC) and the Design and Construction Standards. The Conditions of Approval as stated herein are the obligation of the applicant/developer and place no obligation either express or implied on the City. These Conditions of Approval run with this TM as approved regardless of ownership at time of recording. The proposed map was reviewed and the following conditions of approval were developed based upon the Tentative Map, dated September 18, 2018, prepared by Carlie Macy, Sheets 1-7. General Requirements 1) The applicant shall comply with all documents approved by the City Council and adhere to all exhibits presented by the applicant at the Planning Commission and\or City Council meeting for approval of the Project unless subsequently revised by the City. 2) In case of conflict between the various documents, the following order shall prevail: General Plan as amended, Mitigation Measures for the Final Environmental Impact Report (FEIR), the Final Development Plan including Conditions of Approval, the Development Agreement (DA), Tentative Map and its Conditions of Approval, Rohnert Park Municipal Code (RPMC), and Design and Construction Standards. 3) The applicant shall comply with the EIR. In addition the applicant shall pay the cost to monitor the Mitigation Measures identified in the EIR and the subsequent Consistency Analysis on file in the Development Services Department. The requirements contained in the Mitigation Monitoring and Reporting Program (MMRP) shall be incorporated into these conditions and constructed in accordance with the MMRP. 4) The applicant agrees to indemnify, hold harmless and defend the City, its officers, agents, elected and appointed officials, and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this Tentative Map and associated entitlements pertaining to the Station Avenue project save and except that caused by the City’s active negligence. 5) By accepting the benefits conferred under this TM, the applicant acknowledges all the conditions imposed and accepts this TM subject to those conditions with full awareness of the provisions of the Central Rohnert Park Priority Development Area Plan, as may be amended from time to time, and the RPMC, as applicable. 6) The use of the property by the applicant/grantee for any activity authorized by this TM shall constitute acceptance of all of the conditions and obligations imposed by the City on Exhibit 2 to Resolution Station Avenue Tentative Map COAs 2 October 18, 2018 this TM. The applicant/grantee by said acceptance waives any challenge as to the validity of these conditions. Requirements for Final Map Submittal and Content 7) The final map shall be prepared by a licensed surveyor or civil engineer, showing all parcels, rights-of-way, and easement(s). 8) The final map shall be submitted with a completed Land Development Review Submittal Sheet, Final Map Completeness Checklist and Final Map Submittal Checklist as available on the City web-site and any and all applicable fees. 9) The final map submittal shall include a title report (within last 30 days), supporting documents, and calculations for City Engineer review. All calculated points within the map shall be based on one common set of coordinates. All information shown on the map shall be directly verifiable by information shown on the closure calculation printout. The point (s) of beginning shall be clearly defined. All lot acreages shall be shown on the map and shall be verifiable from information shown on the closure calculation printout. 10) The local agency sheet of the final map shall include the following note: “Prior to the issuance of building permits, all applicable development impact fees shall be paid to the satisfaction of the Building Official and in accordance with City and local district ordinances.” 11) The Owner’s Statement and Acknowledgement shall include the following language: “The undersigned further relinquishes to the City of Rohnert Park all interest in sub- surface water rights below 300 feet that they may have”. 12) The final map shall provide that all property corners of lots within the subdivision shall be monumented in compliance with city standards. 13) The final map shall satisfy Rohnert Park Municipal Code section 16.14.010 D. 2. regarding dedication of rights-of-way and easements. The final map shall show dedication of the necessary right-of-way in fee title, sidewalk easements, public utility easements and other easements for public water, sewer, and storm drain, as shown on the tentative map or as needed per the final improvement design. Specifically but not exclusively: a. the final map shall include the dedications necessary to provide public utility easements for water and sewer lines on the site; b. the final map shall include the dedication of a public access easement over Lot 9, Block G in order to connect Grant Street to the Sonoma Marin Area Rail Transit (SMART) station located on adjacent parcel 143-051-091; c. the final map shall include the dedication of Parcel D, E and F to the City of Rohnert Park for public park purposes. 14) Limits of the 100-year flood elevation, as determined by the City, shall be shown on the final map and labeled as “Subject to Inundation”. If any of the property shown on the final map is labeled “subject to inundation”, a "Declaration of Restrictions" or equivalent instrument shall be approved by the City and recorded with the final map. The following Exhibit 2 to Resolution Station Avenue Tentative Map COAs 3 October 18, 2018 notes shall also be provided: a. “Portions of lot(s) are located within the 100-year flood elevation as determined by the City of Rohnert Park. The lowest floor (as defined by the Federal Emergency Management Administration and local ordinance) of structures will be required to be constructed at a minimum of 1 foot above the 100-year flood elevations (as determined by the City). Nevertheless, flooding may be experienced on portions of these lot(s) in the event of a 100-year storm.” b. "A Declaration of Restrictions regarding Lot Nos. is recorded with this map as Document No. . 15) All dedications offered on the map, which do not have their appurtenant improvements constructed within their respective areas at the time of the final map approval, if any, shall be accepted subject to improvement or rejected, pursuant to section 66477.1(a) of the Subdivision Map Act. Prior to Approval of Final Map 16) Prior to the approval of the final map, the applicant shall provide evidence that its surveyor has been retained to set all monuments required by the map. 17) Prior to or concurrent with approval of the final map, the applicant shall enter into an Public Improvement Agreement and a Subdivision Improvement Agreement to assure construction and completion of the public improvements shown on the map. Said agreement shall specify and be accompanied by the financial assurances required to ensure completion of the public and internal subdivision improvements. 18) Prior to the approval of the final map, the applicant shall secure any and all necessary rights-of-way and easements for both onsite and offsite road, utility, and drainage facilities. Rights-of-way and easements shall be dedicated on the map or provided by grant deed. The developer shall prepare all necessary legal descriptions and deeds.