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2008/04/24 Planning Commission Resolution (2)PC Resolution 2008-14 April 24, 2008 PC RESOLUTION NO. 2008-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL DENIAL OF THE AMENDMENT TO THE OFFICIAL ZONING MAP AND DENIAL OF THE ADOPTION OF A FINAL DEVELOPMENT PLAN (STADIUM AREA MASTER PLAN), PROPERTY LOCATED AT 5900 LABATH AVENUE; APN's 143-040-116 AND-117(part), PLANNING FILE NO.S PL2004-063RZ and PL2004-063PD (Redwood Equities, LLC) WHEREAS, the applicant, Redwood Equities, submitted an application to Rezone (adopt the Stadium Area Master Plan — Final Development Plan) over a 29.8 acre site for the purpose of developing a regional commercial and high density residential land uses located generally on the north side of Hinebaugh Creek, east of Labath Avenue, west of Costco, and south of Business Park Drive; WHEREAS, pursuant to California State Law and the Rohnert Park Municipal Code, public hearing notices were mailed to all property owners within an area exceeding a 300 foot radius of the subject property, public hearing notice signs were posted on the property, and a public hearing was published for a minimum of 10 days prior to the first public hearing in the Press Democrat; WHEREAS, on April 10, 2008, the Planning Commission opened and closed the public hearing at which time interested persons had an opportunity to provide public testimony either in support of or opposition to the proposal; WHEREAS, the Planning Commission reviewed the Final Environmental Impact Report prepared for the project and found it to be adequate and recommended to the City Council its certification based on the determination that all requirements of the California Environmental Quality Act, Title 14 of the California Government Code were properly satisfied as noted in Planning Commission Resolution No. 2008-12 which was adopted on April 10, 2008. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. The Planning Commission, in recommending denial of Planning Applications PL2004-063RZ (Rezoning) and PL2004-063PD (Final Development Plan), makes the following findings in accordance with Rohnert Park Municipal Code Section 17.25.073: Rezoning PL2004-063RZ 1. The proposed Rezoning (Stadium Area Master Plan "P -D') would not be consistent with the General Plan and the Planning Commission does not recommend approval of Planning FilePL.2004-063GPA, a proposed amendment to the General Plan that would provide consistency.. Resolution for Rezoning Page 1 of 3 PC Resolution 2008-14 April 24, 2008 2. That the proposed Rezoning would not be beneficial to and would be detrimental to the public health, safety or welfare. Basis for Finding. The Commission does not find that High Density Residential development located next to Industrial, Regional Commercial and Public Institutional uses would be a benefit to the public health, safety and welfare insofar as residential land uses could be subjected to noise impacts. Similarly, the Commission determined that Regional Commercial land uses are not necessarily desirable since they generate lower paying jobs and therefore would prefer to designate the area for industrial land use in order that higher paying manufacturing jobs could be generated. Final Development Plan PL2004-063PD 3. Individual components of the development would not exist as independent units capable of creating an environment of sustained desirability and stability, and the uses proposed will not be detrimental to present and potential surrounding uses. Basis for Finding. The requested change of zoning to permit a High Density Residential development adjacent to Industrial, Regional Commercial and Public Institutional uses could impact sensitive receptors (residents) that could result in detrimental impacts to the public's health, safety and welfare. 4. The commercial component does not complement other uses in the development; Basis for Finding. The Planning Commission finds that the residential area proposed within the Stadium Area Master Plan may conflict with the existing commercial, industrial and public/institutional land uses that surround the site. 5. The residential component would not be in harmony with the character of the surrounding neighborhood and community and will result in densities within the P -D district that are no higher than that permitted by the General Plan; Basis for Finding. The Planning Commission finds that the residential area proposed within the Stadium Area Master Plan may conflict with the existing commercial, industrial and public/institutional land uses that surround the site. 6. The P -D zoning district is not consistent with the General Plan of the city and the Planning Commission is not recommending the requested General Plan Amendment to create such consistency. Section 3. Environmental Clearance. The Planning Commission reviewed the Final Environmental Impact Report prepared for the project and found it to be adequate and recommended to the City Council its certification based on the determination that all requirements of the California Environmental Quality Act, Title 14 of the California Government Code were properly satisfied as noted in Planning Commission Resolution No. 2008-12 which was adopted on April 10, 2008. If and when the Project is approved, the Commission recommends that the City Council direct the filing of a Notice of Determination with the County Clerk. NOW, THEREFORE BE IT RESOLVED, that the Planning Commission does hereby recommend denial to the City Council an application to Rezone (adopt a Stadium Area Master Resolution for Rezoning Page 2of3 PC Resolution 2008-14 April 24, 2008 Plan "P -D" zoning district and Final Development Plan), Planning Application No.'s PL2004- 063RZ and PL2004-063PD as per the findings cited herein. BE IT FURTHER RESOLVED, that any interested person may appeal this Resolution of the Planning Commission to the City Council within 10 calendar days of its passage pursuant to Rohnert Park Municipal Code ("RPMC") section 17.25.123. Any such appeal shall be in the form provided by RPMC section 17.25.124 and with the payment of the fee established by the City. DULY AND REGULARLY ADOPTED on this 24th day of April, 2008, by the City of Rohnert Park Planning Commission by the following vote: Amy Ahanotu, Chairperson, Rohnert Park Planning Commission Attest: 4W 6-0 G" usan Azevedo, Kecording Secretary AYES: NOES: ABSENT: ABSTAIN: ADAMS AHANOTU ARMSTRONG CALLINAN KILAT Resolution for Rezoning Page 3 of 3