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2014/10/23 Planning Commission Resolution (2)PLANNING COMMISSION RESOLUTION NO. 2014-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A SPECIFIC PLAN AMENDMENT FOR THE SOUTHEAST SPECIFIC PLAN PROJECT LOCATED SOUTH OF THE CANON MANOR SPECIFIC PLAN AREA, WEST OF PETALUMA HILL ROAD, AND NORTH OF VALLEY HOUSE DRIVE (APN 047-111-030) WHEREAS, the applicant, Redwood Equities LLC filed Planning Applications proposing a Specific Plan Amendment (PLSP2014-0003), revised Final Development Plan (PLFD2014-0001), revised Development Area Plan (PLDP2014-0001), Tentative Map (PLSD2014-0008), and amended Development Agreement (PLDA2014-0005), for the Southeast Specific Plan ("SESP") located south of the Canon Manor Specific Plan Area, west of Petaluma Hill Road, and north of Valley House Drive (APN 047-111-030), in accordance with the City of Rohnert Park Municipal Code ("RPMC"); and WHEREAS, in conjunction with Planning Application No. PLSP2014-0003, the Project proposes approval of an amended Specific Plan and Design Guidelines, as provided in the proposed Southeast Specific Plan attached to this Resolution as Exhibit A; and WHEREAS, the City Council of the City of Rohnert Park has certified the Final EIR prepared for the Project and the City has otherwise carried out all requirements for the Project pursuant to CEQA; and WHEREAS, pursuant to California State Law and the Rohnert Park Municipal Code, public hearing notices were mailed to all property owners within an area encompassing a 300 foot radius of the subject property and a public hearing was published for a minimum of 10 days prior to the public hearing in the Community Voice; and WHEREAS, on October 23, 2014 the Planning Commission held public hearings 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. PLSP2014-0003 for the proposed revised Southeast Specific Plan; and WHEREAS, the Planning Commission of the City of Rohnert Park makes the following findings: 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 specific plan: Section 1. That the above recitations are true and correct. Section 2. Environmental Review: A. On December 7, 2010, the City Council of the City of Rohnert Park certified the Final EIR for this Project, including adoption of associated CEQA Findings, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, as described in City Council Resolution No. 2010-134, approved. B. Further, CEQA Guidelines section 15162 provides that "no subsequent EIR shall be prepared" for a project unless the lead agency determines that (1) "substantial changes are proposed in the project which will require major revisions of the previous EIR"; or (2) "substantial changes occur with respect to the circumstances under which the project is undertaken"; or (3) `'new information of substantial importance ... shows" one or more significant effects not discussed in the original EIR, greater severity to previously -identified substantial effects, or newly -found feasible mitigation measures that would substantially reduce significant effects. C. The proposed changes (removal of private alleys, removal of duplexes in favor of duets, minor changes to development plan for lot width, setbacks, etc. and minor changes to specifications for the water tank), are minor and will not result in any substantial changes to the proposed project and no new information of substantial importance shows one or more significant effects or newly found feasible mitigation measures that would substantially reduce significant effects. Accordingly, no subsequent EIR need be prepared. Section 3. Findings. The Planning Commission hereby makes the following findings concerning the amended Southeast Specific Plan proposed by Planning Application No. PLSP2014-0003 pursuant to Rohnert Park Municipal Code section 17.06.390: 1. The specific plan or specific plan amendment is consistent with the city's general plan. Criteria Satisfied. The specific plan amendment would implement the General Plan's goals for the Southeast Specific Plan Area as described in the Land Use and Community Design Element. Under the proposed Development Agreement and specific plan, the project will comply with the goals and policies of the City's Housing Element by complying with the City's inclusionary housing ordinance. It would also develop the property with a mixed use component that is consistent with the goals and objectives of the General Plan for this area. The specific plan proposes to meet the goals of the General Plan by providing for a variety of housing types including low density, medium density, rural estate, and mixed use allowing attached housing. 2. The specific plan or specific plan amendment will not adversely affect the public health and safety or result in incompatible land uses. Criteria Satisfied. The specific plan is not expected to have negative impacts on the health or well being of project residents or occupants of the surrounding land uses. The proposed plan is in character with surrounding neighborhoods. New residential areas include buffers from existing City neighborhoods to reduce impacts from the new development. The proposed commercial development and recreational facilities would benefit existing residents in the area, as well as new residents of the project. 3. The specific plan or specific plan amendment provides the framework to phase and pace growth within the specific plan area so as to ensure completion of all necessary public facilities concurrently with completion of the specific plan; or, alternately, a statement of public policy consideration can be adopted and/or an exception granted in accordance with general plan policies GM -10, GM -11, and GM -12. Criteria Satisfied. The project will be phased as shown in the proposed specific plan. Each phase of the project is designed to provide for adequate infrastructure and to be integrated with existing City public improvements, as described in the specific plan. The timing of the construction of public facilities will be paced to meet the needs of the development and is called out in the project's Development Agreement, which terms are incorporated herein by this reference. 4. The specific plan or specific plan amendment identifies adequate financing mechanisms for the infrastructure and public facilities required to support the development. Criteria Satisfied. The project will be subject to the payment of fees to provide for and maintain public infrastructure such as Public Facilities Financing Plan fees to help fund off-site improvements; City-wide and Regional Traffic fees; Pavement Maintenance fees; Public Services Impact fees; and Maintenance of on- site Infrastructure fees. These fees and funding mechanisms are also described in the Development Agreement, which is incorporated by this reference. On-site improvements shall be the responsibility of the developer. 5. The proposed specific plan is consistent with the planning and prezoning designation provided for the specific plan area, pursuant to Government Code Sections 65300 and 65859, or alternatively functions as prezoning for the unincorporated territory. Criteria Satisfied. The site is zoned "Specific Plan District (SP)," which is implemented through the land use designations on the City's General Plan Land Use Diagram. The proposed Specific Plan is consistent with these designations. Section 4. A duly noticed public hearing on the proposed amended Southeast Specific Plan was held on October 23, 2014. NOW, THEREFORE, BE IT FURTHER RESOLVED, THAT the Planning Commission does hereby recommend that the City Council adopt the Findings stated hereinabove and approve Application No. PLSP2014-0003 for the amended Southeast Specific Plan as provided at Exhibit A, in its entirety. DULY AND REGULARLY ADOPTED on this 23rd day of October, 2014 by the City of Rohnert Park Planning Commission by the following vote: 5. AYES: NOES: 0 ABSENT: 0 ABSTAIN: ADAMS ` BL. 1E_ BOR -BA GIUDICE HAY'DON Chairperson, City of Rohnert Park Planning Commission Attest- usan Azevedo, Re ding Secretary EXHIBIT A SOUTHEAST SPECIFIC PLAN SEE EXHIBIT 1 ATTACHED TO THE STAFF REPORT