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2013/10/24 Planning Commission Resolution (3)PLANNING COMMISSION RESOLUTION NO. 2013-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AMENDMENTS TO THE LAND USE DIAGRAM OF THE CITY OF ROHNERT PARK GENERAL PLAN FOR THE PROJECT SITE FROM PUBLIC/INSTITUTIONAL TO PLANNED DEVELOPMENT (P -D) WHEREAS, the applicant, Redwood Equities Investments, LLC, has filed Planning Application No. PL2013-041 proposing a General Plan Amendment in connection with a proposed amendment to the land use designation for the 3.0 acre project site (APN: 143-040- 127) located in northwest portion of the City (the "Project"), in accordance with the City of Rohnert Park Municipal Code ("RPMC"); and WHEREAS, the proposed amendment to the General Plan Land Use Diagram (General Plan Figure 2.2-1) would change the project site from its current designation of Public/Institutional to High Density Residential. The proposed Redwood Equities Site General Plan Land Use Diagram Amendment is attached to this Resolution as Exhibit 1; and WHEREAS, the City has assessed the potential environmental impacts associated with the Project and has prepared a Mitigated Negative Declaration. The Planning Commission has reviewed the Mitigated Negative Declaration prepared for the Project; recommended its adoption 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 October 24, 2013, 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 the General Plan Amendment application for the proposal. 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 General Plan Amendment to the General Plan Diagram: Section 1. The above recitations are true and correct. Section 2. The Planning Commission recommends City Council approval of the Mitigated Negative Declaration for this Project, as described in Planning Commission Resolution No. 2013-26, approved on date concurrently with the Planning Commission's approval of this Resolution. Section 3. Findings. The Planning Commission hereby makes the following findings concerning the General Plan amendment proposed by Planning Application No. PL2013-041: 1. That the proposed site is appropriate for development under the General Plan's High Density Residential Land Use Designation. Criteria Satisfied. The proposed amendment to the General Plan Diagram would change the land use designation of the site from Public/Institutional to High Density Residential. The amended land use designation for the site would allow for the future construction of a portion of high density residential units approved within the SAMP. The project site is located adjacent to the boundaries of the SAMP area. Approved land uses within the boundaries of the SAMP include: High Density Residential (12- 24 units/acre), Commercial -Regional, and Parks/Recreation. The 2.44 acre parcel adjacent to the southern boundary of the project site is within the SAMP and is designated High Density Residential. The project proposes to utilize the project site, in combination with the adjacent 2.44 acre parcel, to develop 94 of the remaining high density residential units allocated in the SAMP. The project site would not result in an increase in the number of residential units approved under the SAMP. The proposed project site, which is located immediately adjacent to the SAMP boundaries and bordered by other land designated for high density residential uses, would, therefore, be appropriate for development under the General Plan's High Density Residential land use designation. 2. That the proposed amendment will not result in an internal inconsistency in the General Plan. Criteria Satisfied. The General Plan Amendment, and consistency of the Project with the General Plan, is discussed in the application materials, the Mitigated Negative Declaration and staff report. The City adopts the conclusions and analysis of those documents regarding General Plan consistency. The Project, including the General Plan Amendment, is consistent with the General Plan and will result in an internally consistent General Plan. 3. That a duly noticed public hearing has been held to receive and consider public testimony regarding the proposed amendments to the General Plan Land Use Diagram. Criteria Satisfied. A duly noticed public hearing on the proposed General Plan Amendment was held on October 24, 2013. 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. PL2013-041 and amend the General Plan Land Use Diagram so as to conform with the General Plan Amendment recommended herein by adopting the amended General Plan Land Use Diagram attached to this Resolution as Exhibit 1. DULY AND REGULARLY ADOPTED on this 24th day of October by the City of Rohnert Park Planning Commission by the following vote: AYES: ✓ NOES: ABSENT: 2—ABSTAIN: ADAMS � BLANQUIE � BORBA�� S41UDICF7�6"HAYDON Y Susan Adams, Chairperson, City of Rohnert Park Planning Commission Attest: usan Azevedo, ReJdrding Secretary EXHIBIT 2 FINDINGS FOR THE REDWOOD EQUITIES GPA/REZONE PROJECT REQUIRED FINDINGS CEQA requires that, prior to approval of a project, the Lead Agency make specified findings related to each of the significant or potentially significant environmental effects considered in the Mitigated Negative Declaration/Initial Study (MND). The MND identified several significant or potentially significant effects on the environment. The City of Rohnert Park City Council's findings with respect to each of these significant or potentially significant environmental effects are presented below. It is anticipated that the City Council of the City of Rohnert Park will adopt the MND and Mitigation Monitoring and Reporting Program (MMRP) and approve the Project in conjunction with its adoption of this document. With these actions in place, all the Project environmental effects will be reduced to less than significant. The findings for the proposed Project are based upon substantial evidence, comprised primarily of the information, analysis and mitigation measures described in the MND and other information incorporated into these documents by reference. SECTION 1.0 FINDINGS OF THE LEAD AGENCY WITH REGARD TO THE SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT 1.1 ENVIRONMENTAL EFFECTS OF THE PROJECT THAT DO NOT REQUIRE FINDINGS Environmental effects that the MND found to be less than significant without mitigation do not require findings under CEQA. These effects include the following: Project Impacts on Agriculture and Forest Resources Project Impacts on Greenhouse Gas Emissions Project Impacts on Land Use and Planning Project Impacts of Mineral Resources Project Impacts on Population and Housing Project Impacts on Recreation Project Impacts on Utilities and Service Systems 1.2 ENVIRONMENTAL EFFECTS OF THE PROJECT THAT REQUIRE FINDINGS The environmental effects that were found by the Mitigated Negative Declaration/Initial Study (MND) to be significant and/or potentially significant prior to the application of mitigation measures include the effects listed below. As required by CEQA, the City of Rohnert Park City Council must make findings with respect to each of these significant effects. The City Council's findings, and the evidence in support of those findings, are detailed below. The Project could substantially degrade the existing visual character or quality of the site and its surroundings. EFFECT: Development of the site with high density residential land uses would change the visual character of the site. MITIGATION: Mitigation Measure AES -1 and AES -2 (SAMP EIR Mitigation Measures 4 -la and 4-1b) identified in the MND require future development at the site to conform to the General Plan and apply the City's design standards. FINDING: Implementation of Mitigation Measure AES -1 and AES -2 identified in the MND would ensure impacts to the visual character of the area remain less than significant. Future development at the project site could violate air quality standards. EFFECT: Future construction activities associated with development at the project site would generate air pollutant emissions that could exceed the Bay Area Air Quality Management District (BAAQMD) standards. MITIGATION: Mitigation Measure AIR -1 (SAMP EIR Mitigation Measure 5-2a) identified in the MND would ensure that future development allowed as a result of the proposed project would meet the BAAQMD CEQA Guidelines by requiring implementation of Basic Construction Emission Control Measures. FINDING: Based on the site characteristics, it is expected that the screening criteria related to construction -related activities would be met with future development of the project site. Therefore, with implementation of Mitigation Measure AIR -1, all of the BAAQMD screening criteria would be met and future development on the project site allowed by the proposed General Plan Amendment and Rezone would have a less than significant impact related to criteria air pollutant emissions and exposure of sensitive receptors to substantial pollutant concentrations. The Project could have a substantial adverse effect on raptors, which are a special -status species. EFFECT: If raptors are actively nesting onsite, construction activities could disturb these birds. MITIGATION: Mitigation Measure BIO -1 (SAMP Mitigation Measure 6-4a) identified in the MND will avoid impacts to nesting raptors by requiring a raptor nesting survey should construction activities begin during the nesting season. FINDING: Implementation of Mitigation Measure BIO -1 identified in the MND will reduce construction -related impacts to biological resources to a less than significant level. There is the potential that unknown cultural resources present at the project site could be adversely affected due to construction activities. EFFECT: While it is unlikely that previously unknown cultural resources would be encountered at the site, in the event that cultural resources are discovered during grading and excavation activities, this could result in damage to archaeological resources. MITIGATION: Mitigation Measures CUL -1, CUL -2, and CUL -3 (SAMP EIR Mitigation Measures 7.1a, 7.1b, and 7.3a) identified in the MND will ensure that unknown cultural resources discovered at the project site during grading and excavation activities will be protected.. FINDING: Implementation of Mitigation Measure CUL -1, CUL -2, and CUL -3 identified in the MND will reduce impacts to discovered cultural resources to a less than significant level. Strong ground shaking may be expected at the project site during the design lifetime of the proposed Project. EFFECT: The project site is located within the seismically active Bay Area and as such, future building at the project site may be exposed to a significant seismic event that could result in structural damage to residential structures. MITIGATION: Mitigation Measure GEO-1 (SAMP EIR Mitigation Measure 8-2a) identified in the MND specifies Project compliance with state building code seismic requirements. Future buildings at the project site would be required to be designed to meet current code requirements to avoid substantial damage to buildings during a seismic event FINDING: Implementation of Mitigation Measure GEO-1 would reduce the potential for structural damage and would ensure impacts related to groundshaking are less than significant. There is the potential for the project site to be located on unstable soils. EFFECT: Future development at the project site could potentially be adversely affected by unstable soil conditions. MITIGATION: Mitigation Measure GEO-2 (SAMP EIR Mitigation Measure 8-3a) identified in the MND would require preparation of a site-specific soil suitability analysis to be conducted by a registered soil professional to identify potentially unstable soil conditions. FINDING: Implementation of Mitigation Measure GEO-2 would ensure that impacts related to expansive soils would remain less than significant. Future construction of residential units at the proposed project site could expose construction workers, the public, or the environment to hazardous materials through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. EFFECT: Small quantities of potentially toxic substances (e.g., petroleum and other chemicals used to operate and maintain construction equipment) would be used at the project site and transported to and from the site during construction. Accidental releases of small quantities of these substances could contaminate soils and degrade the quality of surface water and groundwater, resulting in a significant public safety hazard. MITIGATION: Mitigation Measure HAZ-1 (SAMP EIR Mitigation Measures 9 -la, 9 -lb, and 9 -lc) identified in the MND would require standard control measures for hazardous contaminants and preparation of the appropriate public safety plans. FINDING: Implementation of Mitigation Measure HAZ-1, in addition to compliance with the City's plans and requirements, would ensure that exposure to construction workers or the public to hazardous contaminants during construction would be reduced to less than significant. Future development at the project site could expose people or structures to a significant risk of loss, injury, or death involving wildland fires. EFFECT: The project site and surrounding area is developed with small areas of vacant land and future development of the site, while not expected to, could result in the exposure of workers or the public to wildland fire. MITIGATION: Mitigation Measures HAZ-2a and HAZ-2b (SAMP EIR Mitigation Measure 9- 6a and 9-6b) identified in the MND specifies fire reduction requirements for contractors during construction of the site. FINDING: Implementation of Mitigation Measure HAZ-2a and HAZ-2b would ensure impacts associated with wildland fires remain less than significant. Future development at the project site could introduce pollutants and sediment into water runoff from the site and would increase the rate and/or volume of water runoff. EFFECT: Construction activities and operation of the project could introduce sediment and chemicals into runoff leaving the site. Development at the project site would increase impervious surfaces at the site, which would increase the rate and volume of water runoff from the site. MITIGATION: Mitigation Measures HYDRO -1 (SAMP EIR Mitigation Measure 10-3a) identified in the MND would minimize water quality impacts on- and off-site by ensuring that appropriate Best Management Practices are implemented to protect water quality. FINDING: Implementation of Mitigation Measures HYDRO -1 would reduce potential water quality and drainage impacts to a less than significant level. The Project could result in exposure of residential uses to noise levels in excess of applicable standards. EFFECT: Future development of residential uses at the project site could result in exposing residences noise from adjacent land uses that would be likely to the City's applicable standards for noise. MITIGATION: Mitigation Measure NOISE -1 (SAMP EIR Mitigation Measure 12-1a) identified in the MND would require the implementation of specific noise reduction measures to reduce noise impacts on residential uses. FINDING: Implementation of Mitigation Measure NOISE -1 would reduce noise impacts to future residential uses to less than significant levels. Future development at the project site could cause a substantial temporary increase in ambient noise levels in the project vicinity. EFFECT_: Noise produced by heavy equipment during future construction at the project site could generate noise levels that may interfere with normal residential activities at the new residences during busy construction periods. MITIGATION: Mitigation Measure NOISE -2 (SAMP EIR Mitigation Measure 12-3 a) identified in the MND would require implementation of standard noise control measures for future construction at the project site. FINDING: Implementation of Mitigation Measure NOISE -2 would ensure construction -generated noise impacts associated with future development at the project site remain less than significant. Future development of residences at the project site would generate students that would attend area schools, potentially resulting in physical impacts associated with new or physically altered schools constructed to accommodate an increased student population. EFFECT: The proposed project would allow for future development of a portion of the high density residential units allocated in the SAMP. The development of residential units at the project site would be expected to generate students that would attend area schools. MITIGATION: Mitigation Measure PUB -1 (SAMP EIR Mitigation Measure 14-2a, slightly modified) identified in the MND, which requires school impact fees to be paid by developers consistent with fee schedules in place at the time development occurs. FINDING: Fulfillment of the mitigation fee requirement of Mitigation Measure PUB -1 would be considered full mitigation and would ensure that impacts of student enrollments affecting schools would remain less than significant. Future development at the project site could result in, or contribute to, transportation -related impacts in conflict with applicable transportation -related plans, policies or ordinances. EFFECT: Although the Project proposed no specific construction at this time, the project site would eventually support development of a portion of the 94 remaining High Density Residential units currently allocated to the SAMP area. The effect of traffic trips associated with development of High Density Residential units was evaluated in the SAMP EIR. The SAMP EIR found that with implementation of mitigation measures requiring future development within the SAMP to contribute a fair share toward construction of necessary improvements, impacts related to applicable transportation -related plans, policies or ordinances would be reduced to less than significant levels MITIGATION: Mitigation Measure TRA -1 (which reflects Mitigation Measures 15-1a through 15- 1 e and 15-2a through 15-2c of the SAMP EIR) identified in the MND would require any applicant for future construction on the project site to contribute a fair share amount to the improvements identified in the SAMP EIR. FINDING: Implementation of Mitigation Measure TRA -1 would ensure that impacts related to applicable transportation -related plans, policies or ordinances would be reduced to less than significant levels.