2014/03/13 Planning Commission Resolution (5)PLANNING COMMISSION RESOLUTION NO. 2014-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING CITY COUNCIL
ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF ROHNERT PARK AND VAST OAK PROPERTIES L.P.
AND UNIVERSITY DISTRICT LLC FOR DEVELOPMENT OF THE PROPERTY
LOCATED SOUTH OF KEISER AVENUE, WEST OF PETALUMA HILL ROAD, AND
NORTH OF ROHNERT PARK EXPRESSWAY (APN 045-262-001 THROUGH -004,047-
131-019, AND 047-131-024 AND -025) AND THE 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, Government Code § 65864, et seq., authorizes the City of Rohnert Park to
enter into development agreements which will provide certainty, definition and commitment to
developers as well as to necessary public improvements required by development;
WHEREAS, University District LLC ("Developer") submitted applications to the City
of Rohnert Park for a General Plan Amendment, Specific Plan revision, Tentative Map,
Tentative Parcel Map, Development Agreement, and related applications and approval of an
Addendum to the Final Environmental Impact Report ("EIR") 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, the proposed applications would allow development of the Property, which
includes 1,645 residential units, approximately 100,000 square feet of mixed use/commercial
space, and approximately 19.78 acres of park space, 15.67 acres of land designated
public/institutional, and approximately 53.87 acres of open space (the "Project"); and
WHEREAS, in connection with the Project, Developer and City staff have negotiated a
proposed development agreement ("Development Agreement") in accordance with the
requirements of Government Code § 65864, et seq., and Chapter 17.21, "Development
Agreement Procedure," of the Rohnert Park Municipal Code ("RPMC"), for the Property. The
Development Agreement negotiated by Developer and the City is attached to this Resolution as
Exhibit A; and
WHEREAS, the Development Agreement, among other things, sets forth the effective
date and term of the agreement; applicable fees; applicable rules, regulations and policies;
required infrastructure improvements; affordable housing obligations; prevailing wage rules;
provisions on amendments, annual review and default; and other miscellaneous provisions; and
WHEREAS, the Planning Commission reviewed the Addendum to the EIR prepared for
the Project; recommended its 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.
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
proposed Development Agreement; and
WHEREAS, the Planning Commission has reviewed and considered the information
contained in proposed Development Agreement.
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 Development Agreement:
Section 1. The above recitations are true and correct and material to this Resolution.
Section 2. The Planning Commission has recommended City Council approval of the
Addendum to the Final EIR for the Project (including Development Agreement), as described in
Planning Commission Resolution No. 2014-07, approved on March 13, 2014 concurrently with
the Planning Commission's approval of this Resolution.
Section 3. Findings for Adoption of Development Agreement. The Planning
Commission in recommending approval to the City Council of Planning Application Nos.
PL2012-044SP, PL2013-009TM, and PL2012-047TPM Development Agreement for University
District Specific Plan hereby makes the following findings pursuant to Government code section
65867.5:
The proposed Development Agreement was considered at a public hearing
Criteria Satisfied. A duly noticed public hearing regarding the Development
Agreement was held by the Planning Commission on March 13, 2014, in
conformance with the notice provisions of Government Code §§ 65090 and 65091
and the requirements of the RPMC section 17.21.030.
2. The provisions of the proposed Development Agreement are consistent with the
general plan and any applicable specific plan
Criteria Satisfied. The applicant has proposed amendments to the General Plan
and related land use entitlements for the Project which the Planning Commission
has concurrently reviewed and considered in conjunction with its review of the
Development Agreement. These amendments to the Land Use Element of the
General Plan incorporate the land use areas of the applicable University District
Specific Plan. The proposed Development Agreement is consistent with the
General Plan, as amended, and would direct the Project's development in an
orderly manner that benefits the City.
The provisions of the Development Agreement require that development comply
with the revised University District Specific Plan (Plan). The Plan proposes to
meet the goals of General Plan by providing for a variety of housing types
including low density, medium density, rural estate and mixed use allowing
residential housing. The Plan also provides for affordable housing to meet the
needs of lower income households.
In addition to providing a wide range of housing types that would be consistent
with housing goals and objectives of the General Plan, the provisions of the
Development Agreement incorporate, implement and are subject to requirements
of both the General Plan and University District Specific Plan by including an
approximately 7 acre community park, an approximately 6 acre passive park, two
detention basins, and a mixed use area with a minimum 100,000 square feet of
commercial building area. The proposed parkland acreage meets the City's
requirements for parkland dedication. The community park amenities would
include a playground, picnic area, ball field and soccer fields, turf play fields,
pathways, lighting, and more. The passive park will include natural areas, a dog
park and tot lot. Commercial land uses are proposed to encompass business,
office, retail shops, residences, and will include area for public uses. .
3. The provisions of the proposed Development Agreement are consistent with
Government Code 65867.5(C).
Criteria Satisfied. The Development Agreement satisfies the requirements of
Government Code 65867.5(C) that requires that a sufficient water supply be
available for subdivisions which meet the definition of "subdivision" in
Government Code 66473.7(a)(1) within the Project, as required by Government
Code section 66473.7(b)(1). The Project has been evaluated against the Water
Supply Assessment prepared for the 2006 Project and the City has concluded that
the Project is consistent with the prior analysis and sufficient water supply is
available for this project.
NOW, THEREFORE, BE IT FURTHER RESOLVED that, based on the findings set
forth in this Resolution and the evidence in the staff report, the above -referenced Findings, and
all other Project applications considered by the Planning Commission concurrently with the
proposed Development Agreement, the Planning Commission hereby recommends that the City
Council approve the Development Agreement, substantially in the form set form set forth at
Exhibit A hereto.
DULY AND REGULARLY ADOPTED on this 13th day of March, 2014 by the City of
Rohnert Park Planning Commission by the following vote: /
AYES: ✓ NOES: U ABSENT: ABSTAIN: v
ADAMS ✓ BLANQUIE BORBA ` GIUDICE HAYDON
City of Rohnert Park Planning Commission
Susan Azevedo, Reco riling Secretary
*114 111 :j it W1
DEVLOPMENT AGREEMENT
SEE EXHIBIT 6 ATTACHED TO THE STAFF REPORT