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2010/11/16 Planning Commission Resolution (7)PLANNING COMMISSION RESOLUTION NO. 2010-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING APPROVAL OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND REDWOOD EQUITIES LLC. FOR DEVELOPMENT OF THE PROPERTY LOCATED NORTHEAST OF VALLEY HOUSE DRIVE AND BOD\ryAY PARKWAY (ApN 47-ttt- 030 ) IN SONOMA COUNTY, 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 necessary public improvements required by development; WHEREAS, Redwood Equities LLC (collectively,'oDeveloper") submitted applications to the City of Rohnert Park for a General Plan Amendment, Specific Plan, Annexation, prezoning and tentative map for real property located at Valley House Drive and Broadway Parkway (APN 47-lII-030), (the "Property"); and \ilHEREAS, the proposed applications would allow development of the Property, which includes 475 residential units, approximately 10,000 square feet of commercial space, and approximately 5 acres of park space, 2.1 acre storm detention basin and water storage facility (the "Project"); and \ryHEREAS, in connection with the Project, Developer and City staff have negotiated a proposed development agreement ("Development Agreement") in accordance with the requirements of Government Code $ 65864, et seq., and Chapter IT.2l, "Development Agreement Procedure," of the Rohnert Park Municipal Code ("RPMC"), for the Property. The Development Agreement negotiated by Developer and the City is attached to this Resolution as Exhibit A; and WHEREAS, the Development Agreement, among other things, sets forth the effective date and term of the agreement; applicable fees; applicable rules, regulations and policies; required infrastructure improvements; affordable housing obligations; prevailing wage rules; provisions on amendments, annual review and default; and other miscellaneous provisions; and \ryHEREAS, the Planning Commission reviewed the Final EIR prepared for the Project; recommended its certification by the City Council; and has otherwise canied 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 aÍea exceeding a three hundred foot radius of the subject property and a public hearing was published for a minimum of l0 days prior to the first public hearing in the Community Voice. \ilHEREAS, on November 16, 2010, 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; and WHEREAS, the Planning Commission has reviewed and considered the information contained in proposed Development Agreement. NO\ry' 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 Agreement: Section 1. The above recitations are true and correct. Section 2. The Planning Commission has recommended City Council approval of the Final EIR for the Project (including Development Agreement), and adoption of associated CEQA Findings, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, as described in Planning Commission Resolution No. 2010-30, approuéd on November 16,2010 concunently with the Planning Commission's approval of this Reiılution. Section 3. Findings for Adoption of Development Aereement. The Planning Commission in recommending approval to the City Council of Planning Application Nos. PL2003-031SP and PL2003-054TSM, Development Agreement for Southeasi Specific Plan hereby makes the following findings pursuant to Government code section 65867.5: l. The proposed Development Agreement was considered at a public hearíng Criteria Satisfied. A duly noticed public hearing regarding the Development Agreement was held by the Planning commission on November 16, 2010, in conformance with the notice provisions of Government Code $$ 65090 and 65091 and the requirements of the RPMC section 17.21.030. 2. The provisions of the proposed Development Agreentent are consistent with the general plan and any applicable specific plan Criteria Satisfied. The applicant has proposed amendments to the General Plan and related land use entitlements for the Project which the Planning Commission has concunently reviewed and considered in conjunction with its review of the Development Agreement. These amendments to the Land Use Element of the General Plan incorporate the land use areas of the applicable Southeast Specific Plan. The proposed Development Agreement is consistent with the General Plan, as amended, and would direct the Project's development in an orderly manner that benefits the City. The provisions of the Development Agreement require that development comply with the Southeast Specific Plan (Plan). The Plan proposes to meet the goals of General Plan by providing for a variety of housing types including low density, medium density, rural estate and mixed use allowing attached housing. The Plan also provides for affordable housing to meet the needs of lower income households. The Plan is located within the Urban Growth Management Boundary which represents the ultimate edge of urban uses in the Rohnert Park Planning Area. In addition to providing a wide range of housing types that would be consistent with housing goals and objectives of the General Plan, the provisions of the Development Agreement incorporate, implement and are subject to requirements of both the General Plan and Southeast Specific Plan by including a 7.|-acre park/detention basin site, a 0.3-acre public facility site, and a mixed use area with approximately 10,000 square feet of commercial building area. The proposed parkland acreage meets the City's requirements for parkland dedication. The Neighborhood Park is proposed to be within lo to % mile of all homes within the planning area. Park amenities would include a playground, dog park, picni c afea, basketball half-court, soccer fields, turf play fields, pathways, lighting, and more. Commercial land uses are proposed to encompass business, offrce, retail shops, residences and may include institutions and service organizations. NO\ry' THEREFORE, BE IT FURTHER RESOLVED that, based on the findings set forth in this Resolution and the evidence in the staff report, the above-referenced CEQA Findings, and all other Project applications considered by the Planning Commission concumently with the proposed Development Agreement, the Planning Commission hereby recommends that the City Council approve the Development Agreement, substantially in the form set form set forth at Exhibit A hereto. DULY AND REGULARLY ADOPTED on this l6th day of November, 2010 by the City of Rohnert Park Planning Commission by the following vote: AYES: í NOPS: d ABSENT:- ABSTAIN:- /./AHANOTU / RRMSTRONG / BORBA /NTLsoN - NoRoIN -' , Rohnert Park Planning Commission EXHIBIT A DEVLOPMENT AGREEMENT SEE EXHIBIT 7 ATTACHED TO THE STAFF REPORT