2012/01/12 Planning Commission Resolution (2)PLANNING COMMISSION RESOLUTION NO. 2OI2.OI
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF ROHNERT PARK, SONOMA MOUNTAIN VILLAGE, LLC AND KDRP LLC
FOR DEVELOPMENT OF THE PROPERTY LOCATED AT VALLEY HOUSE DRIVE
AND BODWAY PARKWAY (APN'S 46-051-040,46-051-042,and 46-051-045) IN
ROHNERT PARK, CA
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 provide for necessary public improvements required by development;
and
\ryHEREAS, Sonoma Mountain Village, LLC and KDRP LLC (collectively,
"Developer") submitted applications to the City of Rohnert Park for a General Plan Amendment,
Planned Development (including related Conditional Use Permit), and rezoning for real property
located at Valley House Drive and Bodway Parkway (APN'S 46-051-040,46-051-042, and 46-
051-045), (the "Property"); and
\ryHEREAS, on August24,20l0, the City Council approved those applications allowing
development of the Property, which includes 1,892 residential units, approximately 825,307
square feet of commercial space, and approximately 23.5 acres of park space (the "Project"); and
WHEREAS, in connection with the Project, Developer and City staff negotiated a
development agreement ("Development Agreement") for the Project 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"); and
WHEREAS, on August 24,2010, the City Council considered and adopted Ordinance
No. 825 approving the Development Agreement; and
WHEREAS, on August24,2010, the City Council reviewed and certified the Final EIR
prepared for the Project; and the City has otherwise caruied out all requirements for the Project
pursuant to the California Environmental Quality Act ("CEQA"); and
\ilHEREAS, the Developer has filed Planning Application No. PL201l-010 DA Amend
proposing to amend Section 3.05 - Reservation of Authority, subdivision C of the Development
Agreement with new language shown in the attached Exhibit A ("Development Agreement
Amendment"); 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
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WHEREAS, on January 12,2012, 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 Amendment; and
WHEREAS, the Planning Commission has reviewed and considered the information
contained in the proposed Development Agreement Amendment.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of rhe City
of Rohnert Park makes the following findings, determinations and recommendations with respect
to the proposed Development Agreement Amendment:
Section 1. Incorporation of Recitals. The above recitations are true and correct, and
are incorporated herein by this reference.
Section 2. CEOA. The City Council has certified the Final EIR for the Project
(including the Development Agreement), and adopted the associated CEQA Findings, Statement
of Overriding Considerations, and the Mitigation Monitoring and Reporling Program, and, as
amended by the proposed Development Agreement Amendment, there are no substantial changes
proposed in the Project, substantial changes with respect to the circumstances under which the
Project will be undertaken or new information of substantial importance of the kind that would
require additional environmental review pursuant to Section 15162 of the CEQA Guidelines.
Section 3. Findings for Amendment of Development Agreement. The Planning
Commission in recommending approval to the City Council of Planning Application No.
PL20ll-010 DA Amend, Amendment to the Development Agreement for Sonoma Mountain
Village hereby makes the following findings:
A. A duly noticed public hearing regarding the proposed Development
Agreement Amendment was held by the Planning Commission on January 12,2012, in
conformance with the notice provisions of Government Code $$ 65090 and 65091 and
the requirements of the RPMC.
B. The proposed amendment to the Development Agreement (Exhibit A) is
consistent with the General Plan, and would direct the Project's development in an
orderly manner that benefits the City.
NOW, THEREFORE, BE IT FURTHER RESOLVED that, based on the
findings set forth in this Resolution and the evidence in the staff report considered by the
Planning Commission concumently with the proposed amendment to the Development
Agreement, the Planning Commission hereby recommends that the City Council approve the
Development Agreement Amendment, substantially in the form set form set forth at Exhibit A
hereto.
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DULY AND REGULARLY ADOPTED on this l2th day of January,z}lz by the City
of Rohnert Park Planning Commission by the following vote:
AYES:b NoES:O ABSENT:
/ ARMSTR'N. Ã*o ',/HAYDON GUI
Rohnert Park Planning Commission
_ ABSTAIN:_
SUSAN ADAMS.
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