Loading...
2017/12/14 Planning Commission Agenda Packet+1 t� . CA �rr4xNr�` City of Rohnert Park Planning Commission AGENDA Thursday, December 14, 2017 6:00 P.M. 130 Avram Avenue, Rohnert Park To Any Member of the Audience Desirine to Address the Plannine Commission: For public comment on items listed or not listed on the agenda, or on agenda items if unable to speak at the scheduled time, you may do so upon recognition from the Chairperson. PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING. 1. 2. 3. 4. 5. 6. 7. 8. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL (Adams Blanquie Borba DECLARATION OF ABSENTION Giudice Haydon__) ACKNOWLEDGEMENT OF POSTING OF AGENDA — Agenda has been posted in three public places: Community Center, Public Safety Building and City Hall. PUBLIC COMMENT - Persons who wish to speak to the Commission regarding an item that is not on the agenda may do so at this time. CONSENT CALENDAR - ADOPTION OF MINUTES AGENDA ITEMS 8.1 PUBLIC HEARING - CONDITIONAL USE PERMIT — File No. PLUP 17- 0003 — Chris Townsend/Townsend Residential Design — Consideration of Resolution No. 2017-28, approving a Conditional Use Permit for a large Residential Care Facility (more than six persons) at 6084 Country Club (143-511- 008) 8.2 PUBLIC HEARING- CONDITIONAL USE PERMIT —File No. PLUP 17- 0004 — Jerrod Marshall — Consideration of Resolution No. 2017-29, approving a Conditional Use Permit to allow an increase in the Floor Area Ratio factor (FAR for a residential property located at 1516 Gary Ct. (APN 160-400-014) 8.3 PUBLIC HEARING — DEVELOPMENT AGREEMENT AMENDMENT — File No. PLDA17-0003 — Penn Grove Mountain LLC — Consideration of Resolution 2017-30 recommending City Council adoption of an ordinance approving the second amendment to the Development Agreement between the City of Rohnert Park and Penn Grove Mountain LLC modifying the timing of construction of a water tank within the Southeast Specific Plan Area 8.4 PUBLIC HEARING — DEVELOPMENT AGREEMENT AMENDMENT - File No. PLDA17-0001 - Eric Reid, SOMO Village LLC — Consideration of third amendment to the Development Agreement between the City of Rohnert Park, SOMO Village Commercial LLC for property located at Valley House Drive and Bodway Parkway 8.5 GENERAL PLAN CONSISTENCY FINDING — File No. PLCF17-0001 — City of Rohnert Park — Consideration of Resolution 2017-31 finding that proposed Rohnert Park Senior Center accessibility improvements is consistent with General Plan 2020 and eligible for CDBG and other funding resourses 9. ITEMS FROM THE PLANNING COMMISSION 10. ITEMS FROM THE DEVELOPMENT SERVICE STAFF 11. ADJOURNMENT Appeals of any decisions made tonight must be received by the Planning Division within 10 days and no later than 5: 00 p.m. on December 25, 2017 NOTE: If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this Agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). Disabled Accommodation: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting please call (707) 588-2236. Notification 72 hours in advance of the meeting will enable the city to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.35.104 AD Title III) CERTIFICATION OF POSTING OF AGENDA I, Suzie Azevedo, Community Development Assistant for the City of Rohnert Park, declare that the foregoing notice and agenda for the December 14, 2017, Planning Commission Meeting of the City of Rohnert Park was posted and available for review on December 8, 2017, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is available on the City of Rohnert Park's web site at www.rrpcity.org. Signed this 8th day of December, 2017 at Rohnert Park, California Klllkks 6T PrtyA Ig ba �-Al Cp11F "-kIR City of Rohnert Park Planning Commission Report DATE: December 14, 2017 ITEM NO: 8.1 AGENDA TITLE: PLUP 17-0003 REQUEST: Consider a Conditional Use Permit for the expansion of a 24-hour elderly residential care facility LOCATION: 6084 Country Club Drive, APN 143-511-008 GP / ZONING: Low Density Residential/R-L: Low Density Residential APPLICANT: Chris Townsend, Townsend Residential Design RECOMMENDATION Staff recommends that the Planning Commission approve Resolution 2017-28 for a Conditional Use Permit for the expansion of a 24-hour elderly residential care facility accommodating a maximum of twelve ambulatory residents. SUMMARY The applicant has proposed expanding an existing small residential care facility into what is considered a large residential care facility. Small residential care facilities (6 or fewer persons) is a permitted use in the R -L: Low Density Residential District. Large residential care facilities (7 or more persons) require a Conditional Use Permit. The applicant has proposed a 976 square foot expansion of the facility. It is located at the northeast corner of Country Club Drive and Emily Avenue. Figure 1 on the following page shows the project's location. Page 1 Figure 1 — Project Location BACKGROUND Surrounding Land Uses The subject site is located east of Highway 101 on Country Club Drive. The property exists in an existing residential neighborhood. All of the surrounding properties are used for single-family residential purposes. Table 1 - Surrounding Land Uses Page 2 Existing Land Use Proposed GP Designation Subject Site Residential Care Residential Care Low Density Center (Small) Center (Large) Residential Low Density North Single -Family Single -Family Residential Residential Residential East Single -Family Single -Family Low Density Residential Residential Residential South Single -Family Single -Family Low Density Residential Residential Residential West Single -Family Single -Family Low Density Residential Residential Residential Page 2 Existing Building Conditions r Figure 2 — Existing Building rl-16 , Al 0 EXISTING BUILDING FROM COUNTRY CLUB EXISTING BUILDING FROM EMILY AVE. Project Details The expansion will entail an architecturally compatible addition to the rear of the structure as well as the creation of additional off-street parking to accommodate guests and employees. The expansion will enable the accommodation of 12 residents. There will be a total of two employees onsite at all times. Residents are not permitted to own vehicles. Page 3 Figure 3 — West (Front) Elevation Figure 4 — South (Side) Elevation m i I 1011 9 { 7� ' - 2 ki1CAlAP()�'1 I Building Elevations The building looks residential in character and the front elevation would be maintained. An architecturally compatible addition is planned for the rear of the structure that complies with height, area, and setback limitations. It will match what currently exists in terms of form, materials, and color. Parking The parking requirement for a residential care facility is one off-street parking space per 500 square feet of gross floor area. Seven off-street parking spaces are required for the expanded facility as proposed. An additional parking space would be created in the front yard area by widening the driveway area. The 50% front yard coverage limitation would be maintained. Additional parking would be created by converting the side/rear driveway to a small, four -car parking area. None of the parking improvements would require widening or changing the existing curb cuts. Landscaping and fencing would screen most of the parking from Emily Avenue and Country Club Drive and help to maintain the attractiveness of this parcel. There is a Sonoma County Transit bus stop located in front of the parcel that is serviced by three routes: the 12, 14, and 54. Page 4 Figure 5 — Site Plan (N) MATER TANK '-111'(50% BUILDABLE WIDTHi 29-0', (N) PARKING AREA FOR SPRINKLER TO BE SCREENED SUPPLY WITH LANDSCAPING r 4 (E) STREET LIGHT POLE i r _ NG n SPACE TYPFCAAL� PROPOSED ADDITION EXPANDED rj SHOWN HATCHED r DRIVENAY � SECONDARY EGRESS PATH I (E)6'-o"TALL-WOOD PROPOSED j FENCE TO REMAIN--, lry (N) PARKING AREA I TO BE SCREENED WITH LANDSCAPING (E) ELDERLY RESIDEIVIAL CARE FACILITY j w Iu s EXISTING LAWN I (E) 30" TALL WOOD PICKET FENCE TO (E) GATE ` j REMAIN, TYPICAL EXISTING COVERED PORCH & RAMP MODIFIED PRIMACY EGRESS PATH EXISTING LAVANI ---4E) TREE PROPERTY LINE. i TYPICAL -g E DDRIVE %fAY I L I `;IQL WAL K VADEN DRiVEVIAY TO <.yXNTRy,�U5 c+IFVL ACCOMMODATE NEW PARKING SPOT The site plan reflects changes to the property that will allow the expanded use to accommodate the necessary access and parking while remaining generally residential in character. Screening in terms of fencing and landscaping will minimize any visual intrusiveness of the additional off- street parking. The two existing curb cuts will not be expanded or altered in any way. Page 5 General Plan and Zoning Designation I Figure 6 — General Plan Designation Dt )*T -EA ,PARK ,4 t Subject Site Z NE RT PARK Low Density Residential Figure 7 — Zoning Designation IR -L: Low Density Residential Page 6 NOTIFICATION A public hearing notice was published in the Community Voice on December 1, 2107. Notice was sent to property owners within 300 feet, as required by the zoning ordinance. The December 14, 2017 Planning Commission Meeting Agenda was posted as required and the meeting materials have been posted to the web site and have been made available to the public. ANALYSIS Development Standards The development standards for this project are those that are applicable in the R -L: Low Density Residential District. The proposed modifications to the facility are compliant (See Table 2 below). Table 2 — Applicable Development Standards Required Findings Per RPMC 17.25.014 the Planning Commission shall approve or conditionally approve a conditional use permit application if, on the basis of the application, supporting materials, and written and oral testimony submitted at the hearing, the Planning Commission makes each of the following findings: 1. That the proposed location of the conditional use is consistent with the objectives of the zoning ordinance and the purposes of the district in which the site is located; 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and that the operation and maintenance of the conditional use will be compatible with the surrounding uses; and 3. The proposed conditional use will comply with each of the applicable provisions of this title (the zoning ordinance). Page 7 Proposed Requirement Description J ------------ - - -- - Height 16' 35' max Setbacks Front 29' 20' min Side - Interior 59899 5' min _ Side - Corner 29' 10' min Rear 10' 20' min Maybe reduced to 10' if 50% of less of buildable , lot width Parkin Spaces 7 7 1 s ace / 500 square feet Lot Coverage 33% 50% max Floor Area Ratio 0.32 0.40 max Required Findings Per RPMC 17.25.014 the Planning Commission shall approve or conditionally approve a conditional use permit application if, on the basis of the application, supporting materials, and written and oral testimony submitted at the hearing, the Planning Commission makes each of the following findings: 1. That the proposed location of the conditional use is consistent with the objectives of the zoning ordinance and the purposes of the district in which the site is located; 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and that the operation and maintenance of the conditional use will be compatible with the surrounding uses; and 3. The proposed conditional use will comply with each of the applicable provisions of this title (the zoning ordinance). Page 7 ENVIRONMENTAL DETERIMINATION This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), under the CEQA guidelines as both a Class 1, Section 15301 modification of an existing facility, and as a Class 3, Section 15303 conversion of a small structure. RESPONSE TO COMMENTS No public comments have been received on this item. RECOMMENDATION Based on the submitted materials from the applicant and subsequent review, staff recommends approval of the Conditional Use Permit for this project as proposed. Attachments Planning Commission Resolution 2017-28 Exhibit A — Complete plan set submitted November 21, 2017 APPROV Zach Tusin r, P J � Jeff Beiswenger, / `L 7 II Date X. -ILIO Page 8 Date / -'�'6-)--7 PLANNING COMMMISSION RESOLUTION NO. 2017-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A LARGE RESIDENTIAL CARE FACILITY (MORE THAN SIX PERSONS) AT 6084 COUNTRY CLUB DRIVE (APN 143-511-008) WHEREAS, the applicant, Chris Townsend of Townsend Residential Design, filed Planning Application No. PLUP 17-0003 for a Conditional Use Permit to allow a large residential care facility (more than six persons) at 6084 Country Club Drive (APN 143-511-008), in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PLUP 17-0003 was processed in the time and manner prescribed by State and local law; WHEREAS, on December 14, 2017, the Planning Commission reviewed Planning Application No. PLUP 17-0003 during a scheduled and duly noticed public hearing at which time interested persons had an opportunity to testify either in support of or opposition to the project; and WHEREAS, at the December 14, 2017, Planning Commission meeting, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all the facts relating to Planning Application No. PLUP 17-0003; 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. Findin s. The Planning Commission, in approving Planning Application No. PLUP 17-0003 makes the following findings, as required by Municipal Code section 17.25.014 (finding for conditional use permits), to wit: A. That the proposed location of the conditional use is consistent with the objectives of the zoning ordinance and the purpose of the district in which the site is located. Criteria Satisfied. The expansion of the residential care facility is a use which is intended for the Low Density Residential District. As stated in Section 17.06.080 (purpose of the residential zoning districts), the intent of this district is to reserve area for a broad range of dwelling types and densities, which meet the diverse economic and social needs of residents consistent with sound standards of public health and safety. The residential care facility is compatible with other surrounding uses and is the type of residential use contemplated for the district. B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and that the operation and maintenance of the conditional use will be compatible with the surrounding uses. Criteria Satisfied. The use is located in a low density residential area of the city on a minor collector. The minimal parking and traffic it will generate will not be detrimental to public health, safety, and welfare. Careful site design and consideration will insure that the use and proposed modifications are compatible with the existing neighborhood. There are no anticipated conflicts predicted to arise from the operation of a large (more than six persons) residential care facility in this location. C. The proposed conditional use will comply with each of the applicable provisions of this title. Criteria Satisfied. The proposal has been reviewed for compliance with all applicable provisions of the Rohnert Park Municipal Code including Section 17.06.030 Low Density Residential District (a large residential care facility is allowed by Conditional Use Permit), Section 17.10.020 Development Standards (proposed improvements comply with all height, area, and setback requirements), and Section 17.16.030 Off Street Parking Specific Requirements (seven parking spaces are required for this use based upon gross square footage and landscaping is required). Section 4. Environmental Clearance. This proposal is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as a Class 1, Section 15301 minor addition to an existing structure, and as a Class 3, Section 15303 conversion of a small structure. NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PLUP17-0003 subject to the following conditions: Planning 1. The Conditional Use Permit approval shall expire one year from the Planning Commission approval date, unless prior to the expiration a building permit is issued and construction is commenced and diligently pursued toward completion. 2. The Project is approved as shown in Exhibit A and all other submitted plans except as conditioned or modified below. 3. This facility shall comply with any and all applicable provisions of the Rohnert Park Municipal Code and those of any state or federal agency. 4. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building and Public Safety Departments for any modifications to the interior or exterior of the building. Building, Engineering, and Public Safety 5. Improvements must be compliant with the 2016 California Fire Code, 2016 California Building Code, City of Rohnert Park Fire Division Code Ordinance #827 and NFPA 13, NFPA 72, NFPA 61. 6. Provide a water lateral meeting City standards and sized appropriately for the fire sprinklers. Approval is for the Conditional Use Permit only; additional conditions may be added when building permit is reviewed. BE IT FURTHER RESOLVED that said action shall not be deemed final until the appeal period has expired and that the appeal period shall be ten (10) working days from the date of said action. No building permits shall be issued until the appeal period has expired, providing there are no appeals. DULY AND REGULARLY ADOPTED on this 14th day of December, 2017 by the City of Rohnert Park Planning Commission by the following vote: AYES: NOES: ABSENT: ABSTAIN: ADAMS BLANQUIE , BORBA GIUDICE HAYDON Susan Haydon, Chairperson, Rohnert Park Planning Commission Attest: Susan Azevedo, Recording Secretary PARKING ANALYSIS: REQUIRED: 1 SPACE PER 500 SQ. FT. OF BUILDING AREA BUILDING AREA: 3,366 SQ. FT. PARKING PROVIDED: 3,366 / 500 = 6.73 = 7 SPACES AREA TABULATIONS: LOT SIZE: 0.24 ACRES (10,350 SQ. FT.) PROPOSED F.A.R.: 0.32 (ALLOWABLE: 0.40) PROPOSED LOT COVERAGE: 33% (ALLOWABLE: 50%) nr'rri iDnnirV- EXISTING OCCUPANCY = R-4 PROPOSED OCCUPANCY = R4 10 0 N N N r T w Q 0 O J n (N) WATER TANK FOR SPRINKLER SUPPLY -,. PROPOSED ADDITION SHOWN HATCHED (E) 6'-0" TALL WOOD FENCE TO REMAIN (E) ELDERLY RESIDENTIAL CARE FACILITY (E) GATE MODIFIED PRIMARY EGRESS PATH I — PROPERTY LINE, TYPICAL-- !a 34'-11" (50% BUILDABLE WIDTH) 9q, -m,+ WIDEN DRIVEWAY TO COUNTRY CLUB DRIVE ACCOMMODATE NEW PARKING SPOT SITE PLAN SCALE: 1" = 20'-0" ninoTu (N) PARKING AREA TO BE SCREENED WITH LANDSCAPING (E) STREET LIGHT POLE 9'-0" x 19'-0" PARKING SPACE, TYPICAL SECONDARY EGRESS PATH (N) PARKING AREA TO BE SCREENED WITH LANDSCAPING (E) TREE (E) 30" TALL WOOD PICKET FENCE TO REMAIN, TYPICAL W N W 0 CD rn o m W J U o co L? _j co U d r Z � .. F- Q W a Z U z Q L)0X (✓D H U W O cr a r W m 2 Z F- LU W U) U LLi .: c� M C/)J ro Lo 0 Q co J N r wo z =^ W 0a 0 x °m 0 3 W a ry W N W 0 CD rn o m W J U o co L? _j co U d r Z � .. F- Q W a Z U z Q L)0X (✓D H U W O cr a r W m 2 Z F- LU W U) J N W U J LO . WO 5� �a < z �/� �m NZm 0 H • Q (qLo Q m" Z O N m J w J NOLLIOOV..Z/L R -ZZ W o m LLI Z w S n IS AL ME (N) 'MAI DVNWl3,1 U4m I Q O LU m W O ry `r 5 a`7w §pomm Um - O. o ILL a m_ Ow mommoV s �o> if _ Ow Z- � [•1 s _- -- w vO n U 0 x I M R a; x H^i• LL ASID tl IR.I 0 0CpC Wia4Fx 0<9 0w 0m F Orr a�> _ °0� J W"}UO oo ma;w O _O W W W W 00NU >o zqW � ( n o � -'- I moW?- �Y Q Zov m n w LL 00o b_ m� W m - x J �y O w�� a oOq° J LL J r _ U v m Z e m n i 1uµ1�1�11 tt..::..td� U 0L�y i8 Z_ f Z) ^z^ 6r �O W x= W I..L O O L-- m �O U Li _ w z U z Q WVH ry �' O W d Ell _ 9 N ZUy3mxO=w> 3JVaOls n" o`° P O O 00 0 U Oc0 sNw OYw Um ow > Z I 0= OQ2 H ams N o�� omM w oma $ w x z " w x� OWC9 OmO= m �U w f ) m ow O 2 Q U 1zw � �� Z t Woo ?OU3 SOOG Y NOI1100V „P.EZ w m D Z w LU U) I i i iL- 1 00 � ADDITION SOUTH ELEVATIONJ SCALE: 1/8" = 1'-0" ELEVATION (MATERIALS 1) EXISTING HORIZONTAL WOOD LAP SIDING, TYPICAL 2) NEW T1-11 WOOD SIDING TO MATCH EXISTING, TYPICAL U.O.N. 3) EXISTING SLUMP STONE VENEER TO BE REMOVED, TYPICAL 4) NEW COMPOSITION SHINGLE ROOFING TO MATCH EXISTING, TYPICAL 5) NEW 7 1/4" FASCIA GUTTERS w/ 2"x3" G.I. DOWNSPOUTS CONNECTED TO EXISTING DRAINAGE SYSTEM, TYPICAL NOTE: ALL MATERIALS & COLORS TO MATCH EXISTING 6) NEW 2x8 WOOD BARGE BOARDS w/ 10 WOOD EDGE TRIM TO MATCH EXISTING, TYP. @ GABLE ENDS 7) NEW 1x4 WOOD TRIM @ CORNERS, DOORS, & WINDOWS TO MATCH EXISTING, TYP. 8) EXISTING WOOD GUARD UP 42" ABOVE FINISHED DECKING 9) NEW VINYL WINDOWS (COLOR TO MATCH EXISTING), TYPICAL 10) CONCRETE LANDING WITH CONCRETE STEPS TO GRADE WEST ELEVATION SCALE: 1/8" = V-0" J Lu 00 W �<! CV ❑ rv. rn O❑M00 m Q O L U O m U Y D } co U a T- }. Z F- .. Q W d ZUZQ 00 0 U U Lu O d w m Z) z w w U) . W Q U 6Lo J � co 00 � M J N z LL' O =� W Ta V] W x 0 m �' Lv J Lu 00 W �<! CV ❑ rv. rn O❑M00 m Q O L U O m U Y D } co U a T- }. Z F- .. Q W d ZUZQ 00 0 U U Lu O d w m Z) z w w U) i 1 ADDITION NORTH ELEVATION SCALE: 1/8" = 1'-0" ELEVATION MATERIALS 1) EXISTING HORIZONTAL WOOD LAP SIDING, TYPICAL 2) NEW T1-11 WOOD SIDING TO MATCH EXISTING, TYPICAL U.O.N. 3) EXISTING SLUMP STONE VENEER TO BE REMOVED, TYPICAL 4) NEW COMPOSITION SHINGLE ROOFING TO MATCH EXISTING, TYPICAL 5) NEW 7 1/4" FASCIA GUTTERS w/ 2"x3" G.I. DOWNSPOUTS CONNECTED TO EXISTING DRAINAGE SYSTEM, TYPICAL NOTE: ALL MATERIALS & COLORS TO MATCH EXISTING 6) NEW 2x8 WOOD BARGE BOARDS w/ 1x3 WOOD EDGE TRIM TO MATCH EXISTING, TYP. @ GABLE ENDS 7) NEW 1x4 WOOD TRIM @ CORNERS, DOORS, & WINDOWS TO MATCH EXISTING, TYP. 8) EXISTING WOOD GUARD UP 42" ABOVE FINISHED DECKING 9) NEW VINYL WINDOWS (COLOR TO MATCH EXISTING), TYPICAL 10) CONCRETE LANDING WITH CONCRETE STEPS TO GRADE D2 :7) 10 ADDITION EAST E L EVAT I O N SCALE: 1/8" = 1'-0" U Lu O d C�� w m 2 D z w Lu W W N O (n 00 CO Q O L U O T— ooUY� Z) M U n Z H Q W d Z U z Q 0000 U � rr a Lu uj U M c J m /^ � M Q�Ln J N W r o = W � a ❑ x 0 0 m W n U Lu O d C�� w m 2 D z w Lu W W N O (n 00 CO Q O L U O T— ooUY� Z) M U n Z H Q W d Z U z Q 0000 U � rr 55 U LU Lo T M J m . Qinm o04 J N W � 7 = o L � am co W Ta J0 x OLU a 12 PITCH, 5 T.M.E. G i Il [� PLATE W N W C) rn r ozt BEDROOM 11 BATH 7 BATH 6 SHOWER UTILITY HALL STAFF BEDROOM -1 cr) 00 m Q O _. ,.. �._ W O ^ T opUY� J�aco F. F. H a U ZF- p w a Z U Z Q Ll 0000 U p 0� co U w O m a SECTION' SCALE: 1/4" = V-0" LU m z w w U) 00� Lu U Lo J m � M _ J N � a^ W o z =� W Ta x m IOLU a 12 PITCH, 5 T.M.E. PLATE J W W N BATH 6 HALL BEDROOM 10 00 M 0O CO LLI J U o CO C) F.F. ,, J Q CO U H a T Z H 0wa Z (> Z Q 0000 U o cfl U LU O SECTION'EB' SCALE: 114" = 1'-0" LU m z w LU U) A (EXISTING BUILDING FROM COUNTRY CLUB( EXISTING BUILDING FROM EMILY AVE.( z� W :2N (� ❑ O wJ L Lu uj U C7 Q crcq J aN" � M J N Z 0000 Z p (> Q r = o .. a a U o co W rn Ta C)x U O cnco W o a J W W :2N ❑ O wJ cr ❑ mo rn rn Uo 00 in } J Q co Z 0000 Z p (> H w Z .. a a U o co U w O ira ar*ft% w m 2 D Z w w U) City of Rohnert Park Planning Commission Report DATE: December 14, 2017 ITEM NO: 8.2 AGENDA TITLE: PLUP 17-0004 REQUEST: Conditional Use Permit to allow an increase in the Floor Area Ratio (FAR) factor LOCATION: 1516 Gary Court, APN 160-400-014 GP / ZONING: Low Density Residential/R-L: Low Density Residential APPLICANT: Jerrod Marshall RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 2017-29 for a Conditional Use Permit to all an increase in the Floor Area Ratio factor for a residential property located within the R -L Low Density district. SUMMARY The project site is located in the "G" residential section of Rohnert Park, east of Snyder Lane, and is surrounded by single family residences to the north, south, east and west. The site measures approximately 46 feet by 112+ for a total of approximately 5175 square feet. The existing residence, including the garage, totals 1942 square feet. Section 17.10.020 of the Rohnert Park Municipal Code provides for basic development standards for all zoning districts in Rohnert Park. Currently, the Maximum Floor Area Ratio (FAR) factor in a Low Density Residential district is 0.4. The applicant proposes to construct a 781 square foot second floor addition that would bring the home's total size to 2723 square feet resulting in a floor area ratio (FAR) of approximately 0.53. Page 1 Figure 1 — Project Location BACKGROUND The Planning Commission may approve an increase of the F.A.R factor up to 0.55 by Conditional Use Permit. The Municipal Code defines an F.A.R. as the "gross floor area of all buildings on a lot divided by the building site area." Section 17.10.070 A of the Municipal Code determines the maximum size of a home for a given single family residential lot using the following equation: 600 sq. ft. + F.A.R. Factor (0.40) x Net lot Area In applying this equation to the applicant's 5175 square foot lot, the maximum size of a home that could be constructed on this lot is 2670 square feet, 53 square feet under the applicant's proposed build out of 2723 square feet. The following table illustrates the maximum F.A.R. that is allowed "by right" and maximum F.A.R. that is allowed upon approval of a "Conditional Use Permit": Page 2 1St 2nd Max FAR Max FAR Sq. Ft. Floor Garage Floor Total =A(Lot) + =.55 Under/Over 600 728 Under Existing 1537 405 1942 2670 Proposed 1537 405 781 2723 1 2846 123 Under Page 2 ANALYSIS The Planning Commission may approve the Conditional Use Permit upon making the following findings: 1. The maximum lot coverage for the site would not exceed that which is permitted for the zoning district. Criteria Satisfied: The maximum lot coverage in the "R -L" zoning district is 50 percent. The lot coverage for this property will remain at/around 30 percent. 2. The required setbacks and height limitations of the zoning district can be met for all structures. Criteria Satisfied: The maximum building height currently allowed for the primary residence by Section 17.10.020 of the zoning ordinance is 35'. The proposed second story addition is well within this standard at 23'-5". Figure 2 — Existing height listed at 16'-4" -- `w oopW `--Oblmqw- FRONT ELEVA-10N Figure 3 — Proposed height listed at 23'-5" r t i Page 3 3. A usable outdoor area (at least one minimum dimension of fifteen feet) for residents would be maintained on the lot. Criteria Satisfied: The rear yard open space dimension would be maintained, allowing for a usable outdoor area. Figure 4 — Usable outdoor area 4. The issuance of the use permit would not infringe on the privacy or light and air easements of adjacent properties. Criteria Satisfied: The addition would not negatively impact the neighboring properties as it would not add second story windows that would look upon either neighbor's property. 5. The total FAR for the lot (after conditions of approval are added) would not exceed .55. Criteria Satisfied: The maximum FAR for the home will remain below the threshold. Page 4 � I I I M I IJI I I I fiC 51 JC`� I ! .K cr w are -cs+. 1 rl 1 t ' r 4. The issuance of the use permit would not infringe on the privacy or light and air easements of adjacent properties. Criteria Satisfied: The addition would not negatively impact the neighboring properties as it would not add second story windows that would look upon either neighbor's property. 5. The total FAR for the lot (after conditions of approval are added) would not exceed .55. Criteria Satisfied: The maximum FAR for the home will remain below the threshold. Page 4 ENVIRONMENTAL DETERIMINATION This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), under the CEQA guidelines as both a Class 1, Section 15301 modification of an existing facility FINDINGS Pursuant to Zoning Ordinance Section 17.25.015, the Planning Commission may grant an application for the requested Conditional Use Permit if the required findings can be made. The findings and the basis for making each in the affirmative are found in the attached resolution of approval. PUBLIC NOTIFICATION A public hearing notice denoting the time, date and location of the proposal's hearing was published in the Press Democrat. Property owners within 300 feet of the project site were mailed notices, and the notice was posted pursuant to State Planning Law. RESPONSE TO COMMENTS No public comments have been received on this item. RECOMMENDATION Based on the findings of this report, staff recommends that the Planning Commission, by motion adopt Planning Commission resolution No. 2017-29 approving File No. PLUP 17-0004, as conditioned. Attachments Planning Commission Resolution 2017-29 Exhibit A — Complete plan set submitted November 16, 2017 APPROVALS: Jeff Beiswenger, Plannint Manager Page 5 /)-k,-i7 Date PC RESOLUTION NO. 2017- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, CONDITIONALLY APPROVING FILE NO. PLUP17-0004: USE PERMIT TO ALLOW AN INCREASE IN THE FLOOR AREA RATIO FACTOR (FAR) FOR A RESIDENTIAL PROPERTY AT 1516 GARY CT. (Jerrod Marshall, Owner) WHEREAS, the applicant, Jerrod Marshall (Owner) filed Planning Application No. PLUP 17-0004 for approval of a Conditional Use Permit to allow an increase in the floor area ratio factor (FAR) for a residential property at 1516 Gary Ct. (APN 160-400-014) in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PLUP 17-0004 was processed in the time and manner prescribed by State and local law; WHEREAS, public hearing notices were mailed to all property owners within a 300 foot radius of the subject property and to all agencies and interested parties as required by California State Planning Law, and a public hearing was published for a minimum of 10 days prior to the first public hearing in the Community Voice; WHEREAS, on December 14, 2017, the Planning Commission reviewed Planning Application No. PLIP17-0004 during a scheduled public meeting at which time interested persons had an opportunity to testify either in support or opposition to the project; and, WHEREAS, at the December 14, 2017 Planning Commission meeting, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all the facts relating to Planning Application No. PLUP 17-0004; 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 approving Planning Application No. PLUP17-0004 makes the following findings, to wit; A. The maximum lot coverage for the site would not exceed that which is permitted for the zoning district. Criteria Satisfied: The maximum lot coverage in the "R -L" zoning district is 50 percent or 2590 square feet for the 1516 Gary Ct. residence. The proposed home expansion would not change the existing lot coverage which is approximately 37 percent. B. The required setbacks and height limitations of the zoning district can be met for all structures. Criteria Satisfied: The maximum building height currently allowed for the primary residence pursuant to Section 17.10.020 of the Rohnert Park Municipal Code is 35'-0". The proposed second story addition is well within this standard at 23'-5". Zoning Code, section 17.25.082(A)(2) states that additions shall conform to all regulations of the district in which the structure is located. The addition meets all of the applicable dimensional and setback requirements of the district. C. A usable outdoor area (at least one minimum dimension of fifteen feet) for residents would be maintained on the lot. Criteria Satisfied: The rear yard open space dimension of 32 feet would be maintained, allowing for a usable outdoor area. D. The issuance of the use permit would not infringe on the privacy or light and air easements of adjacent properties. Criteria Satisfied: The addition would not negatively impact the neighboring properties as it would not add second -story windows that would look upon either neighbor's outdoor living area. E. The total FAR for the lot (after conditions of approval are added) would not exceed .55. Criteria Satisfied: The maximum FAR for the home will remain below the threshold. Section 3. Environmental Clearance. The project is categorically exempt from the California Environmental Quality Act, pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15301 (Class 1 — Existing Facilities). NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PLUP17-0004, subject to the following conditions: The use permit approval shall expire one year from the Planning Commission approval date, unless prior to the expiration a building permit is issued for any tenant improvements, if applicable, and construction is commenced and diligently pursued toward completion and the use is initiated, or an extension is requested and approved. 2. The applicant shall comply with all applicable sections of the City of Rohnert Park Municipal Code and any other applicable relevant plans of affected agencies. 3. The materials and colors used for the addition shall match those that of the existing home. BE IT FURTHER RESOLVED that said action shall not be deemed final until the appeal period has expired and that the appeal period shall be 10 working days from the date of said action. No building permits shall be issued until the appeal period has expired, providing there are no appeals. DULY AND REGULARLY ADOPTED on this 14th day of December, 2017, by the City of Rohnert Park Planning Commission by the following vote: 2 AYES: NOES: ABSENT: ABSTAIN: ADAMS BLANQUIE BORBA GIUDICE HAYDON Susan Haydon, Chairperson, Rohnert Park Planning Commission Attest: Susan Azevedo, Recording Secretary I n LEFT ELEVATION SCALES IA'•IlV REAR ELEVATION SCALE, 1/4'.1'-0' ELEVATION MATERIALS o- HrJviIIEPLANIC• SIDE m'iYVnC OLD'Sq. PAPER avM gTRL--T R,4 -L 5bEATHeN& PER1TYPIe A4 • LOCATIONS SH" 2o -V-11 I5O.1J S10INO OVER'IYVFJi' BUiLDMS HRAP NAILED PERiAY3Li TYPa U.ON. (T7tJ • SIDES AND REAR ELk''1ATlOh'S A5 9HOW'1 o -COMPOSITION SHINGLE ROOFING (T.MEJ (GLASS 'A' MINS , TYPICAL 4�6.1. rASCIA dVrFVE (T:ME) W 2'XV *J. DOV4NfW0VTS CONNECTED TO 64.09ED CONSAT DRAINA&E SYSTEM, TYPICAL o- VINYL SASH. DUAL &LAZED, LOH-E HINDOHS, TYPICAL o -2x4 HOOD TRIM • CORNERS, TYPICAL 7o -2x6 HOOD TRIM. DOORS, , HINOOHS, TYPICAL o-2.6 H000 BARE BOARD W Ix5 HOOD ED&E TRIM, TYP. • &ABLE ENDS YO. —2x10 HORIZ, WD. TRIM W 2.4 HD. CAP a PORCH BEAM < UPPER FLR LINE ®-2.10 HOOD CAP< BASE TRIM W 2.4 HOOD CAP • PORCH COLUMN L:l 6x6 HOOD CORBELS AT CANTILEVERED UPPER FLOOR a-14' x 16' - 14' x 22' & 1. LOUVERED ATTIC VENT WHERE INDICATED ®—WOOD PANEL ENTRY DOOR W TEMPERED LIGHT a -HOOD SECTIONAL CARRIA&E STYLE &ARA&E DOOR N/ TEMPERED LIGHTS �IU.UMINATEO ADDRESS SI&N FRONT ELEVATION SCALE: 1/4''I' -O' RIGHT ELEVATION SCALE, 1/4'.1'-0' FROFOSED ELEVATIONS r— . --i W O F '..4 a� 0 In LU 0 z 0 0 tn Q 0 LOVER ROOF, TYPICAL. —UW OF PERIMETER WALLS am at TYPICAL a H UPPER ROOF, TYPICAL 124 L PITCH (T 43 TVP. UO.N.N. 4 f q w� O • j. DS 2'-0' O.K (T.M EJ TYP. 1 EAVES ROOF PLAN SCALE, 1'-10'-0' REAR ELEVATION SCALE, 1/4'.1'-0' ELEVATION MATERIALS o- HrJviIIEPLANIC• SIDE m'iYVnC OLD'Sq. PAPER avM gTRL--T R,4 -L 5bEATHeN& PER1TYPIe A4 • LOCATIONS SH" 2o -V-11 I5O.1J S10INO OVER'IYVFJi' BUiLDMS HRAP NAILED PERiAY3Li TYPa U.ON. (T7tJ • SIDES AND REAR ELk''1ATlOh'S A5 9HOW'1 o -COMPOSITION SHINGLE ROOFING (T.MEJ (GLASS 'A' MINS , TYPICAL 4�6.1. rASCIA dVrFVE (T:ME) W 2'XV *J. DOV4NfW0VTS CONNECTED TO 64.09ED CONSAT DRAINA&E SYSTEM, TYPICAL o- VINYL SASH. DUAL &LAZED, LOH-E HINDOHS, TYPICAL o -2x4 HOOD TRIM • CORNERS, TYPICAL 7o -2x6 HOOD TRIM. DOORS, , HINOOHS, TYPICAL o-2.6 H000 BARE BOARD W Ix5 HOOD ED&E TRIM, TYP. • &ABLE ENDS YO. —2x10 HORIZ, WD. TRIM W 2.4 HD. CAP a PORCH BEAM < UPPER FLR LINE ®-2.10 HOOD CAP< BASE TRIM W 2.4 HOOD CAP • PORCH COLUMN L:l 6x6 HOOD CORBELS AT CANTILEVERED UPPER FLOOR a-14' x 16' - 14' x 22' & 1. LOUVERED ATTIC VENT WHERE INDICATED ®—WOOD PANEL ENTRY DOOR W TEMPERED LIGHT a -HOOD SECTIONAL CARRIA&E STYLE &ARA&E DOOR N/ TEMPERED LIGHTS �IU.UMINATEO ADDRESS SI&N FRONT ELEVATION SCALE: 1/4''I' -O' RIGHT ELEVATION SCALE, 1/4'.1'-0' FROFOSED ELEVATIONS r— . --i W O F '..4 a� 0 In LU 0 z 0 0 tn Q UPPER FLOOR PLAN 161 50. FT. ADDITIONAL LIVING SPACE SCALE: 1/4'•1'-0" I I I I I I I� pEDRL90k i I BATH A- � o FAMILY ROOM 6�DROOM (E)6'-I'tMHIGHFLAT 0 J LEILIN6, ILAL UON. l ----- — — ______—._ I � E3ATN S LI1E OF FIAOR AVE I I _ , _. I __J I 6�eDR4�ONE I �— KITGH>=k I MJ STAIR WELL _ LINEOP W HALLS TO EE I I RHHOVEV. TYPICAL ! I I I � I LINE OF FLOOR ABOVE I LINE OF (F) WALLS TO ka LINE OF NEW HALLS, 1 REMAIN, TYPICAL TYPICAL 9865 S' -4't 95'-8't I I LI^+/IN6 ROOM Q of AA I (FJ SLOPED CEILING EiARA6E O A3 — z EXTENT OF EXISTING PORCH 11011.11,19. IT. COVERED PORCH +�.� h I 5050 2v Q{ I - LINE OF FLOOR ABOVE GA16AB8 PR�—T I 1 MAIN FLOOR PLAN 1,441 S0. FT. (F) LIVING SPACE SCALE, I/4'.I'-0' 40 =0• PT. STAIR ADDITION R 916 5d FT. '�'(�fTAL LIVING ^.PALI: 16 SO. F .. (E7 COVERED PORCH 4150. FT. PROPOSED COVERED PORCH I In w F 0 z 0 0 F- 0 0 F z 0 0 `7 ,titatlfl/,am_ City of Rohnert Park PLANNING COMMISSION STAFF REPORT Meeting Date: December 14, 2017 Agenda Item No: 8.3 Subject: Application No. PLDA17-0003 — Second Amendment to the Development Agreement between the City of Rohnert Park and Penn Grove Mountain LLC Location: Southeast Specific Plan Area - northeast of the intersection at Bodway Parkway and Valley House Drive Applicant: Penn Grove Mountain LLC BACKGROUND: The Sonoma Complex Fires, which took place in October 2017, destroyed over 5,130 housing units in Sonoma County, exacerbating an already tight housing market. As part of its response to this regional disaster, the City Council directed Development Services staff to accelerate the construction of approved housing units to the maximum extent possible. Phase 1 of the Southeast Specific Plan Area includes 105 residential lots, with all the site improvements necessary to support the construction of housing units. However, the Development Agreement (DA) between the Penn Grove Mountain LLC and the City limits the project to 50 building permits until an in -tract water tank has been completed. Staff has analyzed the City's water system and concluded that the existing system can support the buildout of Phase 1 of the Southeast Specific Plan Area without the water tank. Modifying the DA to allow Phase 1 to be completed without the water tank will allow 55 more residential units to be delivered to the market within the next six to nine months. Construction of a water tank will take approximately 18 months, so the proposed DA amendment would allow for a meaningful acceleration of the delivery of housing units. ANALYSIS: The proposed second amendment modifies Section 4.12(C) of the DA to extend the trigger for the water tank construction from the 501h residential building permit to the 106th residential building permit. All other terms and conditions will remain the same. This will allow the developer to complete its first phase of development, which has all the infrastructure to support development, without additional delay. Engineering staff has analyzed the City's water system and determined that it can support the first phase of development in the Southeast Specific Plan Area, without the proposed tank. In addition, the City's new water tank east of Petaluma Hill Road, which will be completed in 2018, will provide reliability, redundancy and capacity for the water system, which was not contemplated when the DA was originally written. City staff have made some modest upgrades to existing chlorinator pumps, which has improved water pressure in the vicinity of the development, further supporting the conclusion that water tank, or some similar type of capacity improvement, can be deferred for a short time without adverse impacts to existing customers or the new development. ENVIRONMENTAL DETERMINATION: An Environmental Impact Report (EIR) was certified by the City Council when it considered the project entitlements at its meeting of December 7, 2010. The proposed DA amendment will not result in substantial changes in the project or new information of substantial importance of the kind that would require additional environmental review pursuant to Section 15162 of the CEQA Guidelines. PUBLIC NOTIFICATION AND INFORMATION: This item has been duly noticed by publication in the Community Voice for Amendments to the Southeast Specific Plan Development Agreement and posted at the prescribed locations in Rohnert Park. Property owners within 300 feet of the project were mailed notices of the proposed application. RECOMMENDED ACTION: Approve a resolution recommending City Council adoption of an ordinance approving the second amendment to the Development Agreement between the City of Rohnert Park and Penn Grove Mountain LLC modifying the timing of Construction of a Water Tank within the Southeast Specific Plan Area. ATTACHMENTS: A. Resolution Recommending City Council Adoption of an Ordinance Approving the Second Amendment to the Development Agreement between the City of Rohnert Park and Penn Grove Mountain LLC Modifying the Timing of Construction of a Water Tank within the Southeast Specific Plan Area. B. Resolution Exhibit A — Proposed Amendment to Development Agreement APPROVALS: Mary Grace Pawson, Director of Development Services 12/07/2017 Date PLANNING COMMISSION RESOLUTION NO. 2017-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING CITY COUNCIL ADOPTION OF AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND PENN GROVE MOUNTAIN LLC MODIFYING THE TIMING OF CONSTRUCTION OF A WATER TANK WITHIN THE SOUTHEAST SPECIFIC PLAN AREA 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; and WHEREAS, the applicant, Penn Grove Mountain LLC filed Planning Application proposing an amendment to its Development Agreement with the City, in accordance with the City of Rohnert Park Municipal Code ("RPMC"); and WHEREAS, the proposed application would defer the requirement for construction of a water storage tank from the 50th residential building permit to the 106th residential building permit, allowing Penn Grove Mountain LLC to complete the first phase of its development more quickly; and WHEREAS, City staff has evaluated the request and determined that it will accelerate the delivery of housing units without adverse impacts on the City's water system or the City's ability to provide water service; and WHEREAS, Penn Grove Mountain LLC and City staff have negotiated a proposed amendment to the Development Agreement 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 the proposed amendment is attached to this Resolution as Exhibit A; and WHEREAS, the City Council of the City of Rohnert Park has certified the Final EIR prepared for the Project and the City has otherwise carried out all requirements for the Project pursuant to CEQA; and WHEREAS, the proposed amendment will not result in any substantial changes in the project or new information of substantial importance of the kind that would require additional environmental review pursuant to Section 15162 of the CEQA Guidelines; and WHEREAS, pursuant to California State Law and the RPMC, public hearing notices were mailed to all property owners within an area encompassing 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. WHEREAS, on December 14, 2017, 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 amendments to the Development Agreement; and LA #4815-0476-8287 v3 WHEREAS, the Planning Commission has reviewed and considered the information contained in proposed amendments to the 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 amendments to the Development Agreement: Section 1. The above recitations are true and correct and material to this Resolution. Section 2. On December 7, 2010, the City Council of the City of Rohnert Park certified the Final EIR for this Project, including adoption of associated CEQA Findings, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, as described in City Council Resolution No. 2010-134. Section 3. Findings for Adoption of Development Agreement. The Planning Commission, in recommending approval to the City Council of Planning Application No. PLDA17-0003 Development Agreement Amendment for Southeast Specific Plan, hereby makes the following findings pursuant to Government code section 65867.5: 1. The proposed Development Agreement Amendment was considered at a public hearing Criteria Satisfied. A duly noticed public hearing regarding the amended Development Agreement was held by the Planning Commission on December 14, 2017, 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 Agreement are consistent with the general plan and any applicable specific plan Criteria Satisfied. The proposed Development Agreement amendment is consistent with the General Plan and would direct the Project's development in an orderly manner that benefits the City. The proposed amendment would defer the construction of a required water storage tank in order to accelerate delivery of housing units. Staff has evaluated the impact of the proposed change on the City's water system and determined that it will not adversely impact water service. This determination includes evaluation of improvements made to existing chlorination pumping and the improvements resulting from the construction of the City's Water Tank #8, which was not anticipated to be complete when the development agreement condition was proposed. Staff has also taken into consideration that acute need for housing and region and believes that this amendment, which will accelerate the delivery of the first phase of the Specific Plan, provides benefits that are consistent with City's General Plan. 3. The provisions of the proposed Development Agreement are consistent with Government Code 65867.5(C). Criteria Satisfied. The proposed amendment to the Development Agreement satisfies the requirements of Government Code 65867.5(C) that requires that a LA #4815-0476-8287 v3 sufficient water supply be available for subdivisions which meet the definition of "subdivision" in Government Code 66473.7(a)(1) within the Project, as required by Government Code section 66473.7(b)(1). The City prepared a Water Supply Assessment to examine the demands of new development and assesses the City's supply sources to meet the demands. Based on the City's Water Supply Assessment, it was determined that sufficient sources exist to meet the demands of the City's general plan buildout using a combination of surface water, groundwater and recycled water. The SESP is included in the City's General Plan and, therefore, the City's Water Supply Assessment accounts for increases in the population and use associated with the SESP development. Because the Project is consistent with the prior analysis and sufficient water supply is available for this project, no additional analysis is needed and the proposed Development Agreement satisfies the required of Government Code 65867.5(C). NOW, 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 Findings, and all other Project applications considered by the Planning Commission concurrently with the proposed Development Agreement, the Planning Commission hereby recommends that the City Council approve an amendment to the Development Agreement, substantially in the form set form set forth at Exhibit A hereto. DULY AND REGULARLY ADOPTED on this 14th day of December, 2017 by the City of Rohnert Park Planning Commission by the following vote: AYES: NOES: ABSENT: ABSTAIN: ADAMS BLANQUIE BORBA _ GIUDICE HAYDON Attest: Susan Haydon, Chairperson, Rohnert Park Planning Commission Susan Azevedo, Recording Secretary LA #4815-0476-8287 v3 RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: ) City of Rohnert Park ) 130 Avram Avenue ) Rohnert Park, CA 94928 ) Attention: City Clerk ) (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second Amendment") is entered into as of , 2017, by and among PENN GROVE MOUNTAIN, LLC, a California Limited Liability Company ("Developer") and the CITY OF ROHNERT PARK, a California municipal corporation ("City"). City and Developer are sometimes referred to herein as a "Party" and collectively as "Parties." RECITALS A. The City of Rohnert Park and Redwood Equities, LLC, Developer's predecessor - in -interest ("Redwood Equities"), entered into that certain Development Agreement, as of December 7, 2010 and recorded on December 15, 2010, as Instrument No. 2010114199 in the Official Records of Sonoma County ("Original Development Agreement"), with respect to that certain real property described therein and in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"). B. Thereafter, the City and Redwood Equities entered into that certain First Amendment to Development Agreement dated December 9, 2014 and recorded on September 29, 2015, as Instrument No. 2015085465. in the Official Records of Sonoma County to revise the specifications for the water tank in Section 4.12(c) of the Original Development Agreement (the "First Amendment"). The Original Development Agreement as amended by the First Amendment may be referred to herein as the "Development Agreement." C. On September 9, 2016, Redwood Equities and Developer entered into an Assignment and Assumption Agreement recorded in the Official Records of Sonoma County as Instrument No. 2017039425, whereby Redwood Equities assigned all rights and obligations of the Development Agreement to Developer and Developer assumed all rights and obligations of the Development Agreement. D. The Parties now desire to enter into this Second Amendment to Development Agreement to modify the time by which Developer must construct the water tank to prior to the issuance of the one -hundred and sixth (106th) residential building permit. OAK #4833-0220-8595 v1 I AGREEMENT NOW, THEREFORE, in consideration of the promises, covenants and provisions set forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. Defined Terms. All capitalized terms used and not otherwise defined in this Second Amendment shall have the same meaning as in the Development Agreement. 2. Amendment of Section 4.12(C) of the Development Agreemen#. Section 4.12(C) of the Development Agreement is hereby amended in its entirety as follows: "C. Water Storage Tank. Prior to issuance of the one -hundred and sixth (106'') residential building permit for the Property, Developer shall construct and install a water storage tank that will store 360,000 gallons of water, or other appropriate size, as determined by City so long as the tank meets the City's minimum storage requirements and is consistent with the EIR, Statement of Overriding Considerations, and MMRP. The location of the water storage tank is set forth in Exhibit E and the specifications for the water tank are set forth in Exhibit F. Developer and City may revise Exhibits E and F without formally amending this Development Agreement, so long as any revisions are consistent with the EIR, Statement of Overriding Considerations, and MMRP and comply with all applicable laws, regulations and City requirements. The water storage tank shall comply with all standards set forth in the California Building Code in effect at the time the tank is constructed. Developer shall dedicate the water storage tank to City upon its completion." 3. Effect of Amendment. Except to the extent the Development Agreement is modified by this Second Amendment, the remaining terms and provisions of the Development Agreement shall remain unmodified and in full force and effect. In the event of a conflict between the terms of the Development Agreement and the terms of this Second Amendment, the terms of this Second Amendment shall prevail. 4. Counterparts. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Amendment. [SIGNATURES ARE ON FOLLOWING PAGE] OAK #4833-0220-8595 v1 2 IN WITNESS WHEREOF, this Second Amendment has been entered into by and between Developer and City as of the day and year first above written. CITY: City of Rohnert Park, a California municipal corporation Lo Approved as to Form: By: City Attorney Attest: By: City Clerk City Manager DEVELOPER: Perm Grove Mountain, LLC a By:_ Title: OAK #4833-0220-8595 v1 ACKNOWLEDGMENTS — -- -- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. STATE OF CALIFORNIA COUNTY OF On _ 20_ before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) fA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On _, 20 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature; OAK #4833-0220-8595 v1 Acknowledgment (seal) Exhibit A Legal Description of the Property [to be inserted] OAK #4833-0220-8595 vl Exhibit A City of Rohnert Park Planning Commission Report DATE: December 14, 2017 ITEM NO: 8.4 SUBJECT: PLDA17-0001 - Third Amendment to the Development Agreement between the City of Rohnert Park, SOMO Village LLC and SOMO Village Commercial LLC for development of property located at Valley House Drive and Bodway Parkway. LOCATION: Valley House Drive and Bodway Parkway (APN 046-051-040, 046-051-042, and 046-051-045) REQUEST: Continue a Public Hearing on Amendments to Sections 4.07 and 4.11 B of the Development Agreement APPLICANT: Eric Reid, SOMO Village LLC Background: In August 2010, Sonoma Mountain Village was approved as a Planned Development for a mixed-use community on the 175 acres former Hewlett Packard/Agilent technology campus. The approval included a Development Agreement (DA). The DA guarantees is a description of the development project indicating the permitted uses of the property, density, building height and size, phasing of development, provisions for the reservation and dedication of land for public purposes and additional information that may be required for development of the property. The DA contains specific requirements and time lines that must be adhered to by the developer. During the required 2015 review of the DA, it became apparent that the developer had missed a required deadline contained in Section 4.07, related to construction of a portion of the SMART multi -use path. It was also apparent that the developer was likely to miss a required deadline contained in Section 4.11(B) related to the construction of an all-weather soccer field. This constituted a technical breach of the DA. Staff and the City Attorney's office have been working with the developer through a series of letter agreements to bring the project back into compliance with the DA. Since 2015, the Developer has worked with SMART to construct the multi -use path and has deposited funds with the City to guarantee the construction of the soccer field. The various letter agreements contemplate an amendment to the DA, which will formalize the changed conditions, extend the deadline for construction of the soccer field and bring the Developer back into compliance. Page 1 While staff, the City Attorney and the Developer have been working closely together to complete the amendment to the DA, there are still several technical issues that need to be clarified and the amendment is not yet ready for Planning Commission review. Staff is recommending continuing the noticed public hearing until these technical issues can be resolved. Staff anticipates the item will be ready for Commission review early in 2018. Environmental Determination: An Environmental Impact Report (EIR) was certified by the City Council when it considered the project entitlements at its meeting of August 24, 2010. The proposed DA amendment will not result in substantial changes in the project or new information of substantial importance of the kind that would require additional environmental review pursuant to Section 15162 of the CEQA Guidelines. Public Notification: This item has been duly noticed by publication in the Community Voice for Amendments to the Sonoma Mountain Village Development Agreement and posted at the prescribed locations in Rohnert Park. Property owners within 300 feet of the project were mailed notices of the proposed application. Staff is recommending continuing the noticed public hearing until the final language of the amendment is available. Staff Recommendation: Staff recommends tabling the noticed public hearing until the proposed amendments are ready for Planning Commission review. APPROVALS: 12/7/2017 Mary Grace Pawson, Director of Development Services Date Page 2 City of Rohnert Park Planning Commission Report DATE: December 14, 2017 ITEM NO: 8.5 SUBJECT: PLCF17-0001 Finding of Consistency with the General Plan to Complete CDBG Funded Improvements LOCATION: Various locations citywide REQUEST: Consider adoption of Resolution 2017-31 finding that proposed Rohnert Park Senior Center Accessibility Improvements are consistent with General Plan 2020 and eligible for CDBG and other funding resources. APPLICANT: City of Rohnert Park Summary The Planning Commission is charged with the responsibility for ensuring that City projects and actions are consistent with goals and policies of the adopted General Plan. It is requested that the Planning Commission review the proposal to apply for CDBG funds for the Rohnert Park Senior Center Accessibility Improvements for FY 2018-2019. The determination of General Plan consistency is needed prior to the use of CDBG funding resources. Discussion The City of Rohnert Park is preparing a grant application for funding through the FY 2018-19 Community Development Block Grant (CDBG) Program administered by the Sonoma County Community Development Commission. The funding application requires a certification of projects' consistency with the Rohnert Park General Plan. The Community Development Block Grant ("CDBG") Program was created by the federal Housing and Community Development Acts of 1974 and 1987, with its primary objective being the development of viable communities through the provision of decent housing, a suitable living environment and the expansion of economic opportunities, primarily for lower income persons. The Sonoma County Community Development Commission ("SCCDC") is the designated local administrative body for the CDBG Program. Page 1 All funding proposals from municipalities must be submitted to the SCCDC with city/town council resolutions endorsing proposed projects. Staff is seeking Council endorsement of the Rohnert Park Senior Center Accessibility Improvements ("Project") at the December 12, 2017 City Council meeting. The Project includes interior and exterior accessibility improvements to the Senior Center building at 6800 Hunter Drive, within the Central Rohnert Park Priority Development Area. The immediate neighborhood around the Senior Center is characterized by a greater concentration of lower-income households compared to the rest of Rohnert Park, having a median household income of $29,468, which is 50% of the Rohnert Park median household income of $58,317. The neighborhood also has a greater concentration of older senior households, with 28% of households having I or more persons 65 years or older, compared with 20% overall in the city. The Project is eligible for CDBG funds, meeting the following goal and objective in the Sonoma County CDC FY 2018-19 Funding Policies pertaining to target populations and public facilities accessibility: • Goal 2.3.1.1. Assist in creating and/or replacing infrastructure systems and public facilities that meet the needs of lower income people, people with disabilities, and other special needs subpopulations county -wide. • Objective 2.3.2.2. Construct, renovate, or install access modifications to reduce or eliminate architectural barriers to meet the special needs of persons with disabilities and the elderly in accordance with the American with Disabilities Act (ADA) in public facilities, including but not limited to public parks, restrooms, youth centers, senior centers, fire stations, libraries, and community recreation facilities. The Project will build on the existing Senior Center Restroom Renovation (Project No. 2015-07), which is currently funded with $109,200 in 2007R Bond Proceeds, approved with the FY 2016- 17 Capital Improvement Plan Budget adopted by the City Council on June 14, 2016. The additional upgrades that would be made possible with CDBG funding include widening the hallway adjacent to the restrooms, upgrading the ramp and parking spaces for the facility, and addressing other non ADA -compliant issues with built-in elements and fixtures throughout the building. The total Project cost is estimated to be $231,800, including environmental clearance, design, project management, construction, permits and construction contingency. General Plan Consistency The proposed activities and improvements have been reviewed for consistency with the goals and policies of the Rohnert Park General Plan 2000, and have been found to be consistent. Specifically, the CDBG funding is consistent with the following policies of the General Plan: Open Space, Parks and Public Facilities OS -H Ensure adequate funding for parks and recreation facilities acquisition, development, and maintenance. PF -K Provide recreational and cultural facilities serving residents and visitors. Page 2 PF -37 Use the City's Capital Improvement Program, Public Facilities Fee Program, federal and state grant funds, and other funding sources to implement community -wide or area -wide improvements that cannot be conditioned as part of private development projects. Analysis The CDBG funding application seeks to bolster the approved City funds for the Senior Center, which is consistent with General Plan Open Space Goal OS -H to "ensure adequate funding for... facilities acquisition, development and maintenance." Furthermore, as the Senior Center is in the Central Rohnert Park PDA, this Project is consistent with General Plan goals specific to that area. Public Facilities Goal PF -K calls for the City to "provide recreational ... facilities serving residents and visitors." The Project will result in the Senior Center being compliant with most current Americans with Disability Act standards, thus making the facility fully accessible to a broad range of users. Finally, the project meets Public Facilities Goal PF -37 to "use the City's Capital Improvement Program..., federal and state grant funds to implement improvements that cannot be conditioned as part of private development projects." Environmental The recommended finding of consistency is not a project pursuant to Section 15378 of the California Environmental Quality Act Guidelines (CEQA) and additionally, since this is a consistency finding the previous environmental documentation for the General Plan is adequate CEQA documentation. Public Notification Pursuant to Government Code Section 65401 and City Ordinance, no public hearing is required to report on this CDBG funding application's consistency with the General Plan. Recommendation Based on the analysis and findings of this report and the attached resolution, Staff recommends that the Planning Commission, by motion, adopt Planning Commission Resolution No. 2017-31 reporting to the City Council that the Rohnert Park Senior Center Accessibility Improvements project is consistent with General Plan 2020 and eligible for CDBG and other funding. Attachments: 1. Planning Commission Resolution No. 2017-31 APPROVALS: J J . ' —44 t41- Jeffrey /✓Jeffrey Beiswenger, AICP, Plahning Manager Page 3 �' i -7 Date RESOLUTION NO. 2017-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, FINDING THAT PROPOSED ROHNERT PARK SENIOR CENTER ACCESSIBILITY IMPROVEMENTS IS CONSISTENT WITH GENERAL PLAN 2020 AND ELIGIBLE FOR CDBG AND OTHER FUNDING RESOURCES WHEREAS, on July 25, 2000 the City Council approved Resolution No. 2000-152 adopting a comprehensive update of the City's General Plan which included specific policies and objectives for infrastructure, construction and maintenance of public facilities; and WHEREAS, the City is pursuing Community Development Block Grant (CDBG) funding for the Rohnert Park Senior Center Accessibility Improvements in order for that facility to meet current Americans with Disablities Act (ADA) standards; and WHEREAS, the Planning Commission is appointed by the City Council as the Planning Agency for the City of Rohnert Park and is required by State law to review and find that all proposed construction projects initiated by the City are consistent with the adopted General Plan; and WHEREAS, in accordance with the California Environmental Quality Act, the Project manager has determined that the proposed public facilities maintenance project is in conformance with the General Plan and is not a project pursuant to Section 15378 of the CEQA Guidelines, and additionally, since this is consistency finding, the previous environmental documentation for the General Plan is adequate CEQA documentation; and WHEREAS, on December 14, 2017, the Planning Commission reviewed Planning Application No. PLCF 17-0001 (Finding of Consistency with the General Plan to Complete CDBG Funded Improvements), at which time interested persons had an opportunity to testify either in support or opposition to the project; and WHEREAS, at the December 14, 2017, Planning Commission meeting, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all the facts relating to Planning Application No. PLCF17-0001; and NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK DOES RESOLVE that the proposal to is complete the Rohnert Park Senior Center Accessibility Improvements is consistent with General Plan 2020 and eligible for CDBG and other funding sources adopted City of Rohnert Park Comprehensive General Plan and incorporates all information and comment provided at its December 14, 2017 public meeting as part of its finding, including the staff report. DULY AND REGULARLY ADOPTED on this 14th day of December, 2017 by the City of Rohnert Park Planning Commission by the following vote: AYES: NOES ADAMS BLANQUIE Attest: ABSENT: ... ABSTAIN: GIUDICE _ ____,_ HAYDON Dan Blanquie, Chairperson, Rohnert Park Planning Commission Susan Azevedo, Secretary