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2015/08/27 Planning Commission ResolutionPLANNING COMMMISSION RESOLUTION NO. 2015-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A TEMPORARY CONDITIONAL 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 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, Planning Application No PLTU2015-0032 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 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; 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, sidewalks and street lighting 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. 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 Planning Application No. PLTU2015-0032 subject to the following conditions: General Conditions 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 the Sales Offices and Design Centers for the Cypress, Mulberry and Magnolia Neighborhoods are 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 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. 7. 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. 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 have completed and operational streetlights. 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. The temporary overhead power lines shall be relocated to the interior of the development, away from Rohnert Park Expressway and away from the main project entrance at Kerry Road. Overhead lines shall be removed as soon as the in -tract underground electrical system is operational. 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 and up to twenty (20) nylon project flags per model home complex. Nylon project flags may be placed along Kerry Road, but 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 27th day of August, 2015 by the City of Rohnert Park Planning Commission by the following vote: AYES: 6— NOES: ABSENT: ABSTAIN: '*" /uADAMSA QUIE ✓ gORBA GIUDICE HAYDON Danie A. Blanduic, Cha rperso Ro nert Park Planning Commission 4 Attest: usan Az do, Recording Secretary