2014/03/13 Planning Commission Resolution (4)PLANNING COMMISSION RESOLUTION NO. 2014-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL THE APPROVAL OF A TENTATIVE PARCEL MAP TO ALLOW THE
SUBDIVISION OF PROPERTY LOCATED SOUTH OF ROHNERT PARK
EXPRESSWAY, EAST OF J SECTION, AND NORTH OF COPELAND CREEK (APN
047-131-026 AND 047-131-027)
WHEREAS, the applicant, University District LLC, filed Planning Applications
proposing a General Plan Amendment (PL2012-043), Specific Plan revision (PL2012-044),
Tentative Map (PL2013-009), Tentative Parcel Map (PL2012-047), Development Agreement
(PL2012-048), and related applications and approval of an Addendum to the Final
Environmental Impact Report ("EIR") (PL2012-045) in connection with the proposed University
District Specific Plan ("UDSP") Project located south of Keiser Avenue, west of Petaluma Hill
Road, and north of Copeland Creek (APNs 045-253-007, 045-253-009 through -012, 045-253-
018, 045-262-001 through -004, 047-131-019, and 047-131-024 through -027 (the "Project"), in
accordance with the City of Rohnert Park Municipal Code ("RPMC"); and
WHEREAS, in conjunction with Application No. PL2003-054TSM, the applicant
prepared a tentative parcel map for the University District UD LLC property located south of
Rohnert Park Expressway, east of J Section, and north of Copeland Creek (APN 047-131-026
and 047-131-027) as provided in the Proposed Tentative Parcel Map attached to this Resolution
as Exhibit A; and
WHEREAS, the Planning Commission reviewed the Addendum to the Final EIR
prepared for the Project; recommended 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 March 13, 2014, 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
WHEREAS, the Planning Commission has reviewed and considered the information
contained in Planning Application No. PL2012-047TPM for the proposed Tentative Parcel Map
for the property; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Rohnert Park makes the following findings, determinations and recommendations with respect
to the proposed Tentative Parcel Map for the property:
Section 1. The above recitations are true and correct and material to this Resolution.
Section 2. The Planning Commission has recommended the City Council approve the
Addendum to the Final EIR for this Project in Resolution No. 2014-07, approved on March 13,
2014 concurrently with the Planning Commission's approval of this Resolution.
Section 3. Findings Regarding Tentative Parcel Map. The Planning Commission, in
recommending to the City Council approval of Planning Application No. PL2012-047TPM
hereby snakes the following findings concerning the Tentative Parcel Map pursuant to
Government code section 66474:
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 Parcel Map is consistent with the
General Plan designations for the area, as well as the specific plan that applies to
the property. The proposed tentative map will implement the General Plan in that
it would increase the City's existing housing stock.
The proposed tentative map is consistent with the revised University District
Specific Plan as it proposes to subdivide the property according to its
requirements related to residential housing locations, public improvements, open
space and related amenities. The Tentative Parcel Map depicts the specific
residential parcels consistent with those in the Specific Plan.
2. The site is physically suitable for the type of development.
Criteria Satisfied. The tentative map reflects the specific plan for this site, 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 residential and public development.
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 Specific Plan to allow the proposed density of development. The
subdivision has been designed to accommodate the future development of
residential units, taking into consideration the shape and topography of the site.
This development is consistent with the land use designations provided for in the
Specific Plan.
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. An Environmental impact Report (EIR) for the University
District Specific Plan Project (State Clearinghouse number 2003112011) has been
prepared and approved which shows potential impacts related to the development
of the site with the proposed uses. No significant unavoidable impacts related to
existing habitats were identified. The Final EIR for this Project includes adoption
of associated CEQA Findings, Statement of Overriding Considerations, and the
Mitigation Monitoring and Reporting Program. The contents of the Final EIR is
incorporated herein by this reference. An Addendum to this EIR has been
prepared and updated studies have been submitted to the City by the project
applicant, which demonstrate that the Project as proposed to be changed would
not result in any new or more severe significant environmental effects not
disclosed in the 2006 EIR. Nor have there been significant changes in the
circumstances or new information of substantial importance which require
revision of the 2006 EIR.
S. The design of the subdivision or the type of improvements will not cause serious
public health problems.
Criteria Satisfied. The design of the project is not expected to have negative
impacts on the health or well-being of project residents or occupants of the
surrounding land uses. The design of the Tentative Parcel Map is in conformance
with the City's General Plan, Zoning Ordinance, and Subdivision Ordinance. The
Tentative Parcel 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 will respect all existing easements, and any new
easements required by the project have been made conditions of the map
approval.
7. Any proposed phases and their proposed sequence of construction are identified
on the submitted map.
Criteria Satisfied. There are no proposed phases or sequenced construction
planned with this Tentative Parcel Map.
Section 4. A duly noticed public hearing on the proposed Tentative Parcel Map was
held on March 13, 2014.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission does hereby
recommend to the City Council approval of Application No. PL2012-047TPM for a tentative
parcel map to allow the subdivision of property located property located south of Rohnert Park
Expressway, east of J Section, and north of Copeland Creek (APN 047-131-026 and 047-131-
027), subject to the recommended conditions of approval in Exhibit B:
DULY AND REGULARLY ADOPTED on this 13th day of March, 2014 by the City of
Rohnert Park Planning Commission by the following vote:
AYES: —5— NOES: D ABSENT: O ABSTAIN: v
ADAMS_,. BL�UVIBORBA GIUDICE HAYDON
.._..__----------
Chairperson, City of Rohnert Park Planning Commission
Azevedo, Reding Secretary
EXHIBIT A
PROPOSED TENTATIVE PARCEL MAP
SEE EXHIBIT 5 ATTACHED TO THE STAFF REPORT
EXHIBIT B
RECOMMENDED CONDITIONS OF APPROVAL
UD LLC TENTATIVE PARCEL MAP
ON-GOING CONDITIONS
The conditions below shall apply to the Tentative Parcel Map (TPM) for the UDLLC project
within the University District Specific plan. The UDLLC project shall be developed in
accordance with the General Plan (GP), University District Specific Plan (UDSP), Mitigation
Measures identified in the University District Specific Plan Environmental Impact Report
(FEIR), Development Agreement (DA) between the City and University District LLC and Vast
Oak Properties L.P., 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 TPM as approved regardless of ownership at time of recording.
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 University District Specific Plan 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 2000, Mitigation Measures for the Final Environmental Impact
Report (FEIR), University District Specific Plan (UDSP), Development Agreement (DA),
Tentative Parcel Map (TPM) and its Conditions of Approval, Rohnert Park Municipal
Code (RPMC), and Design and Construction Standards.
3) The applicant shall comply with the FEIR. In addition the applicant shall pay the cost to
monitor the Mitigation Measures identified in the FEIR for the University District
Specific Plan project (SCH # 2003122014) kept on file in the Development Services
Department. The requirements contained in the Mitigation Monitoring Program (MMP)
shall be incorporated into these conditions and constructed in accordance with the MMP.
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 University District Specific Plan save and except
that caused by the City's active negligence.
5) By accepting the benefits conferred under this TPM, the applicant acknowledges all the
conditions imposed and accepts this TPM subject to those conditions with full awareness
of the provisions of the UDSP, 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 TPM
shall constitute acceptance of all of the conditions and obligations imposed by the City on
this TPM. The applicant/grantee by said acceptance waives any challenge as to the
validity of these conditions.
Engineering Services
The proposed map was reviewed and the following conditions of approval were developed using
the reference documents listed below
• Vesting Tentative Map, dated January 2014, prepared by MacKay & Somps, Sheets 1-3.
Prior to Approval of Final Parcel Map
7) Submit each final map and improvement plans with a completed Land Development
Review Submittal Sheet, Final Parcel Map Completeness Checklist and Final Parcel Map
Submittal Checklist as available on the City web -site and all appropriate additional
information.
8) 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.
9) Prior to City Council approval of the first final map; the developer shall satisfy Rohnert
Park Municipal Code section 16.14.010 D. 2. regarding off-site dedication of rights-of-
way and easements. The first and subsequent final maps 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.
10) All property corners of lots within the subdivision shall be monumented in compliance
with city standards, except as expressly permitted in writing by the City Engineer.
11) The Final Parcel Map shall include a public drainage easement over Parcel A and Parcel
B.
12) The developer shall maintain the basin in a weed free condition upon prior to completion.
Upon completion the basin shall be maintained by Homeowners Association. The
Developer shall submit a plan for temporary fencing to ensure and block any and all
access to the basin by unauthorized personnel. The plan shall make provision for
maintenance personnel and their vehicles. The plan shall include signage against
trespassing and contact numbers.