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2014/10/23 Planning Commission Resolution (9)PLANNING COMMISSION RESOLUTION NO. 2014-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING CITY COUNCIL THE APPROVAL OF A DEVELOPMENT AREA PLAN I FOR THE UNIVERSITY DISTRICT VAST OAK LAND DEVELOPMENT PHASE I; CYPRESS, MULBERRY, AND MAGNOLIA AT UNIVERSITY DISTRICT (APN 047-131-025) WHEREAS, the applicant, UD LLC, has submitted an application for a Development Area Plan I for the University District Vast Oak Land Development Phase I: Cypress, Mulberry, and Magnolia neighborhoods (APN 047-131-025) within the University District Specific Plan ("UDSP") Area; 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, the City Council of the City of Rohnert Park has certified the Final Environmental Impact Report (EIR) and Addendum prepared for the UDSP project and the City has otherwise carried out all requirements for the project pursuant to CEQA; and WHEREAS, on October 23, 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 Area Plan; and WHEREAS, the Planning Commission has reviewed and considered the information contained in proposed Development Area Plan. 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 Area Plan: Section 1. The above recitations are true and correct. Section 2. On May 23, 2006, the City of Rohnert Park certified the Final EIR for the UDSP project, including adoption of associated CEQA Findings, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program. On April 8, 2014, the City approved an Addendum to the Final EIR, as described in City Council Resolution No. 2014- 032, approved. Section 3. Findings for Approval of Development Area Plan. The Planning Commission in recommending approval to the City Council of Planning Application No. PL2014-xxxxx, Development Area Plan for University District Specific Plan hereby makes the following findings in accordance with Rohnert Park Municipal Code Section 17.06.400; to wit; 1. The proposed development conforms to the applicable specific plan Criteria Satisfied. The proposed Development Area Plan I conforms to the Specific Plan and would implement Phase I of development of the University Specific Plan project. The proposed Development Area Plan I provides additional details on the project including residential floor plans and elevations by housing type. The proposed development is consistent with the specific plan because it conforms to the requirements in the specific plan related to density, housing type, housing location, and related amenities. 2. Public infrastructure and services can be provided concurrently with the development Criteria Satisfied. The developer will be required to participate in the Public Facilities Financing Plan, which will provide for necessary off-site public facilities, and shall be responsible for on-site facilities to meet the project's needs. The Development Agreement for the project sets forth the timing of the necessary facilities as they relate to the physical development of the site. Section 4. A duly noticed public hearing on the proposed Development Area Plan was held on October 23, 2014. NOW, THEREFORE, BE IT FURTHER RESOLVED that, based on the findings set forth in this Resolution and the evidence in the staff report, and the above -referenced Findings, the Planning Commission hereby recommends that the City Council approve the Development Area Plan I for the University District Vast Oak Land Development Phase I: Cypress, Mulberry, and Magnolia at neighborhoods as set forth at Exhibit A, in its entirety, and subject to the recommended conditions of approval as provided in Exhibit B. DULY AND REGULARLY ADOPTED on this 23rd day of October, 2014 by the City of Rohnert Park Planning Commission by the following vote: AYES: NOES: 0 ABSENT: ABSTAIN: ADAMS BLAN IE BORBA GIUDICE HAYDON Ger rd iu irperson, City of Rohnert Park Planning Commission Attest: usan Azevedo, Re rding Secretary EXHIBIT A DEVLOPMENT AREA PLAN I SEE EXHIBITS I and IA ATTACHED TO THE STAFF REPORT EXHIBIT B DEVELOPMENT AREA PLAN I — UNIVERSITY DISTRICT VAST OAK LAND DEVELOPMENT PHASE I: CYPRESS, MULBERRY, AND MAGNOLIA AT UNIVERSITY PARK CONDITIONS OF APPROVAL ON-GOING CONDITIONS The conditions below shall apply to the Development Area Plan I (DAP I) for the University District Vast Oak Land Development Phase I: Cypress, Mulberry, and Magnolia neighborhoods. The University District Vast Oak Land Development Phase I: Cypress, Mulberry, and Magnolia at University Park shall be developed in accordance with the General Plan (GP), University District Specific Plan (UDSP) including Design Guidelines, Mitigation Measures (MM) identified in the UDSP Final 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. General Requirements 1) The applicant shall comply with all documents approved by the City Council and adhere to all verbal representations and 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, Mitigation Measures for the Final Environmental Impact Report (FEIR), University District Specific Plan (UDSP), Development Area Plan (DAP) and its conditions of approval, Development Agreement (DA), Tentative Map and its Conditions of Approval, 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 DAP save and except that caused by the City's active negligence. 5) By accepting the benefits conferred under this DAP, the applicant acknowledges all the conditions imposed and accepts this DAP subject to those conditions with full awareness of the provisions of the FDP, 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 DAP shall constitute acceptance of all of the conditions and obligations imposed by the City on this DAP. The applicant/grantee by said acceptance waives any challenge as to the validity of these conditions. 7) All improvements shall comply with all applicable sections of the City of Rohnert Park Municipal Code and any other • applicable relevant plans of affected agencies, unless superseded by the Specific Plan for this property. 8) The development of this phase shall be consistent with all other approvals associated with this project (e.g. Specific Plan/Design Guidelines, tentative subdivision map, Development Agreement). 9) The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building and Public Safety Departments prior to occupancy of the project. 10) Any covenants, conditions, and restrictions (CC&R's) applicable to the project property shall be consistent with the terms of these conditions and the City Code. If there is conflict between the CC&R's and the City Code or these conditions, the City Code or these conditions shall prevail. 11) The applicant will submit an application for Development Area Plan II for and approval by the Planning Commission and City Council prior to approval of Improvement Plans for Vast Oak Land Development Phase I. The submittal for Development Area Plan II shall include at a minimum plans for the Rohnert Park Expressway landscaping and entry monument plans, bike trail and creek buffer vegetation plans, and detention basin plans including fencing, access and landscaping. Site Plan, Building Elevations, Landsc_apin and ndSi ns 12) All improvements shall be in substantial conformance with the submitted Site Plan, Exterior Elevations, and Landscape Plan, except as modified herein. 13) Building colors and materials shall be as presented to the Planning Commission at the October 23, 2014 meeting, with minor changes to be reviewed and approved by Staff. 14) The design of all entrances to the site shall be subject to Department of Public Safety approval. 15) The designs and locations of decorative paving treatments shall be subject to staff review and approval. 16) The units facing Rohnert Park Expressway shall be constructed so as to minimize noise impacts on residents generated by traffic on that roadway. This may include the use of double -pane glazing, enhanced insulation, or other methods as described in the Environmental Impact Report. 17) Architectural treatments applied to the front elevation, such as brick or stone wainscots, shall be carried around comers to the sides of the homes and shall terminate at the fence line or at a logical end point (e.g. a vertical post element.) 18) All building footprints for homes shall be identified by floor plan model and architectural style (e.g. "A", "B" or "C") on the final plotting plan for the area. The same model floor plans shall not be plotted across the street from or next to one another. Exceptions may be made in limited cases for models that utilize a different style and, if adjacent to one another, the building footprint is flipped. 19) A plan for model home complex shall be submitted including off street parking, lighting, ADA compliance and office complex for review and approval by Planning Commission, prior to issuance of building permit. 20) All windows are to be weather-stripped and mounted in low air infiltration rate frames. 21) Design and placement of walls and fences for each residential neighborhood and public facility shall be in accordance with the standards in the Development Area Plan and shall be approved by planning staff. 22) Air conditioning or mechanical ventilation shall be provided to allow occupants to close windows and doors for adequate noise isolation. Any ground -mounted air conditioning units proposed shall be screened from public view by a combination of masonry walls and/or landscaping, with the final design subject to Staff approval. Any roof -mounted mechanical equipment shall be concealed so as not to be visible from public view. 23) Design and placement of walls and fences for each neighborhood or land use district shall be in accordance with the standards in an approved Development Area Plan walls and fences may be phased for each development area. 24) All residential dwellings shall display illuminated street numbers in a prominent location in such a position that the numbers are easily visible to approaching emergency vehicles from both directions. The numbers shall be of a contrasting color to the background to which they are attached and four (4) inches minimum in height. Flag lots will have their address displayed in a prominent position at the driveway intersection with the street. 25) Any outdoor trash enclosures shall be finished to match the buildings and provided with a decorative trim cap. The enclosure shall be designed so that it is large enough to accommodate recycling bins. 26) The project applicant will design and construct all project facilities in accordance with the most recent seismic standards of the California Building Standards Code. 27) The applicant will design and construct the foundations and/or building pads for all project structures using standard engineering practices that account for, and minimize damage resulting from, expansive soil conditions. Specific design and constructed methods shall be as directed by Mitigation Measure GEO-8a of the FEIR for this project. 28) The project applicant shall retain a qualified acoustical consultant to design treatments for residences located adjacent to Rohnert Park Expressway such that exterior noise levels do not exceed 60 dB Ldn at outdoor activity areas. The acoustical consultant will prepare and submit to the City a report detailing the acoustical treatments to be used for compliance with this performance standard. The report must be reviewed and approved by the City before a building permit will be issued. 29) The project applicant shall retain a qualified acoustical consultant to ensure that interior noise levels at residences does not exceed as a result of traffic noise 45 dB Ldn. If treatments are necessary, treatments may include installing acoustically rated windows, and blocking sound transmission paths through vents or other openings in the building shell. If windows must be closed to achieve this performance standard, air conditioning must be provided. The acoustical consultant will prepare and submit to the City a report detailing compliance with the interior noise performance standard or, if necessary the acoustical treatments to be applied to the building for compliance with the interior noise performance standard. The report must be reviewed and approved by the City before a building permit is issued. 30) Prior to the issuance of any building permits, landscape and irrigation plans shall be submitted to and approved by Planning Staff and the City Engineer. Such plans shall be in substantial conformance with the plan submitted as a part of this application. 31) Platanus trees as proposed in the Landscape Plans shall be replaced with Quercus rubrum or Acer rubrum. 32) All trees within five feet of the public right-of-way shall have root barriers that are approved by the Development Service Director. 33) A permanent automatic sprinkler shall be installed to maintain all landscape materials and areas. 34) The applicant's engineer shall coordinate with the City Engineer to ensure that recycled water is used for irrigation of the project's landscaping as feasible. 35) Project lighting shall be reviewed and approved by Staff. 36) All exterior lighting shall be designed so as to prevent any spillover lighting onto adjacent properties and rights-of-way. Lighting elements will be required to be recessed within their fixtures to prevent glare. New lighting levels provided shall be compatible with general illumination levels in existing areas to avoid a noticeable contrast in light emissions, consistent with the need to provide for safety and security. 37) Roof -mounted lights are prohibited on the building if they are placed so as to silhouette the building and roof 38) All building entrances shall include recessed or soffit lights. 39) The design of any entry monument signage shall be submitted to the Planning Division for review and approval prior to installation. Site Improvements 40) The proposed park sites and open space area treatments shall be reviewed and approved by the City's Parks and Recreation Commission prior to final subdivision map approval. The allowance of credits for park improvements and private open space areas shall be considered at that time. 41) The design of the proposed detention area at the site's northwest comer shall be subject to review and approval by the Planning Commission and City Council. The intent is to make this area appear as natural as is feasible. 42) All double-check valves provided for domestic water and fire sprinkler systems shall be concealed from any public streets and parking lots with decorative walls, landscaping, and mounding. Plans shall be submitted to the Development Services Department and City Engineer for review and approval. 43) All utilities shall be placed underground. 44) All parking areas, driveways, and open storage areas shall be paved with asphalt surfacing. All site work, including curbs, gutters, sidewalks and berms separating landscape areas shall be concrete. All plans shall be prepared in accordance with City standards and submitted to and approved by the City Engineer. Construction Mitigation 45) The developer shall implement a dust control program as part of the measures required by the FEIR for air quality control and the requirements of PM 10 and the Best Available Control Measures (BACM). The program shall ensure that, at the City Engineer's discretion, a water vehicle for dust control operations is kept readily available at all times during construction. The developer shall provide the City Engineer and Building Official with the name and telephone number of the person directly responsible for dust control and operation of the water vehicle. 46) For any project requiring an on-site inspector to monitor grading, housing construction and/or development, the applicant shall deposit funds with the City to cover the full cost of an inspector prior to any land disturbance. The City Engineer, as appropriate, shall approve the amount and hire the inspector. 47) The developer shall comply with construction hours pursuant to Rohnert Park Municipal Code Section 9.44.120. 48) All construction material waste and other debris shall be recycled to the extent feasible. The applicant shall present a "clean site everyday" program to City building staff for approval. The program shall include on-site signage in English and Spanish to be posted at construction entrances. No animals shall be brought on site by construction personnel during work hours. 49) All material storage areas shall be fenced with at least a 6 -foot high chain link fence with at least two 20 -foot gates for emergency vehicle access. The fencing shall be shown on the construction fire and security protection site plan. The fencing and security shall be submitted to Development Services for review and approval prior to commencement of construction.