2012/10/30 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2012-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING APPROVAL OF
AMENDMENTS 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
WHEREAS, 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
WHEREAS, on August 24, 2010, 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 ("R -PMC"); and
WHEREAS, on August 24, 2010, the City Council considered and adopted Ordinance
No. 825 approving the Development Agreement; and
WHEREAS, on August 24, 2010, the City Council reviewed and certified the Final EIR
prepared for the Project; and the City has otherwise carried out all requirements for the Project
pursuant to the California Environmental Quality Act ("CEQA"); and
WHEREAS, the Developer filed Planning Application No. PL2012-010 DA proposing
to amend Section 3.05 — Reservation of Authority, subdivision C of the Development Agreement
as provided in the First Amendment to Development Agreement; and
WHEREAS, on June 4, 2012, the City Council approved the First Amendment to the
Development Agreement; and
WHEREAS, On October 3, 2012, the Developer filed Planning Application No.
PL2012-038DA proposing to amend Section 4.11B of the Development Agreement, which
includes a requirement that Developer complete construction of a soccer field and installation of
equipment for such soccer field by a "Soccer Field Deadline" defined as the earlier of (i)
December 31, 2012 or (ii) issuance of the two hundredth (200th) residential building permit for
the project, and Section 4.21 of the Development Agreement, which requires that Developer pay,
on or before December 31, 2012, a "Public Safety Response Contribution" of up to Two
Hundred Thousand Dollars ($200,000) for the purpose of assisting City's acquisition of a new
public safety response vehicle; and
WHEREAS, the parties now desire to amend the Development Agreement as shown in
the attached Second Amendment to Development Agreement to extend the Soccer Field
Deadline until December 31, 2016, to extend the deadline for payment of the Public Safety
Response Contribution until July 1, 2013, and to increase the amount of the Public Safety
Response Contribution to Three Hundred Thousand Dollars ($300,000); 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 in the Community Voice for a minimum of
10 days prior to the first public hearing; and
WHEREAS, on October 30, 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 Second Amendment to Development Agreement; and
WHEREAS, the Planning Commission has reviewed and considered the information
contained in the proposed Second Amendment to 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 Second Amendment to Development Agreement:
Section 1. Incorporation of Recitals. The above recitations are true and correct, and
are incorporated herein by this reference.
Section 2. CEQA. 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 Reporting Program, and, as
amended by the proposed Second Amendment to Development Agreement, 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.
PL2012-038DA 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 October 30, 2012, in
conformance with the notice provisions of Government Code §§ 65090 and 65091 and
the requirements of the RPMC.
B. The proposed Second Amendment to 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 concurrently with the proposed amendment to the Development
Agreement, the Planning Commission hereby recommends that the City Council approve the
Second Amendment to Development Agreement, substantially in the form set forth at Exhibit
A hereto.
DULY AND REGULARLY ADOPTED on this 30th day of October, 2012 by the City
of Rohnert Park Planning Commission by the following vote:
AYES:~� NOES:
ARMSTRONG BORBA 7 P
(- OVIN40
ABSENT: I ABSTAIN:
HAYDONJ_GUIDICE_±�_
Susan Adams, Chairperson, Rohnert Park Planning Commission
Attest:
Susan(Azevedo, Recor-ding Secretary