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2016/05/12 Planning Commission Agenda Packet
City of Rohnert Park Planning Commission AGENDA Thursday, May 12, 2016 6:00 P.M. 130 Avram Avenue, Rohnert Park To Any Member of the Audience Desiring to Address the PlannittL 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 Giudice Haydon__) DECLARATION OF ABSENTION 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 7.1 Approval of the Draft Minutes of the Planning Commission meeting(s) of February 25, 2016 AGENDA ITEMS 8.1 PUBLIC HEARING - MUNICIPAL CODE AMENDMENTS — (Continued from the March 24, 2016 Planning Commission Meeting - File No. PLMC2015-0002 — City of Rohnert Park — Receive update regarding Regulations for Electronic Cigarettes (E -cigarettes) CEQA: No CEQA analysis is required for this project since it will have no impact on the environment and is exempted under 15061 (b)(3) of the "general rule exemption." 8.2 PUBLIC HEARING — MUNICIPAL CODE AMENDMENTS — (Continued from the March 24, 2016 Planning Commission Meeting) File No. PLMC2015-0001 — City of Rohnert Park — Consideration of Resolution No. 2016- 02, recommending to the City Council an amendment of the City of Rohnert Park Zoning Ordinance Chapter 17.06.100 to eliminate Self -Storage Facility, Vehicle Storage Yard, and Boat, R.V. and Outdoor Storage Facility in the I -L Industrial District and to amend Chapter 17.07.050 to delete Footnote E (Boat, RV and Outdoor Storage) and Y (Self -Storage Facility CEQA: No CEQA analysis is required for this project since it will have no impact on the environment and is exempted under 15061 (b)(3) of the "general rule exemption. " 8.3 PUBLIC HEARING — PRELIMINARY DEVELOPMENT PLAN — File No. PROJ2016-0002 — Matthew J. Waken for MJW Investments LLC — Consideration of Resolution 2016-15, conceptually approving, with revisions, the Preliminary Development Plan for Residences at Five Creeks bounded by Carlson Court on the north, Dowdell Avenue on the East, Martin Avenue Extension on the south and Labath Avenue on the west (APN 143-040-124) CEQA: Environmental analysis is not required for preliminary review of a Preliminary Development Plan (PDP). A full analysis of the PDP under the California Environmental Quality Act (CEQA) will be conducted for a Final Development Plan. 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 May 23, 2016 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 May 12, 2016, Planning Commission Meeting of the City of Rohnert Park was posted and available for review on May 6, 2016, 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.rpcity.org. Signed this 6th day of May, 2016 at Rohnert Park, California. kSuzie evedo, Recording Secretary City of Rohnert Park Planning Commission Report DATE: May 12, 2016 ITEM NO: 8.1 SUBJECT: PLMC2015-0002 Amend Rohnert Park Municipal Code Title 8 Health and Safety Chapter 8.32 Use of Tobacco to include electronic cigarettes LOCATION: NA REQUEST: Receive Update re Regulations for Electronic Cigarettes (E -cigarettes) APPLICANT: City of Rohnert Park Background Electronic cigarettes ("e -cigarettes") are battery powered devices that heat a liquid substance, which frequently contains nicotine or other harmful chemicals, for the purposes of inhalation by the user. When the charge from the battery warms the liquid it creates an aerosol that resembles smoke from a conventional cigarette that is inhaled by the user and exhaled into the air. Like cigarette smoke, the aerosol can carry in the air and may be inhaled by near -by non-smokers and minors with detrimental effects to the inhaler. The City has been exploring making amendments to its Municipal Code to regulate e -cigarettes because the state had not done so. However, on May 4, 2016 the Governor approved Senate Bill No. 5, which will include e -cigarettes within the definition of "tobacco products" in the Stop Tobacco Access to Kids Enforcement and other tobacco regulations. This has implications in numerous areas of law including restrictions on the sale and use of e -cigarettes. The Bill also increased the smoking age to 21. In addition on May 5, 2016, the Food and Drug Administration (FDA) adopted new regulations regulating e -cigarettes. These rules are expected to sharply restrict the use of e -cigarettes. Page 1 Analysis Because of the substantial changes enacted this week with respect to e -cigarettes at both a federal and state level, we recommend tabling this item. Additional time is needed to allow staff to analyze the effect the new laws/regulations and determine whether and to what extent local regulation is still needed and/or if revisions to our existing code should be updated to reflect these changes. APPROVALS; ,--71 - U -'L4 /— Norman Weisbrod, Technicdl Advisor Jeff Beiswenger, Plannin Manag Page 2 �. U -�C.o Date Date LP. i("0' City of Rohnert Park Planning Commission Report DATE: May 12, 2016 ITEM NO: 8.2 SUBJECT: PLMC2015-0001 Amend Rohnert Park Municipal Code Chapter 17.06. 100 (Permitted Uses) and Chapter 17.07.020 (Land Use Footnotes/Special Provisions). LOCATION: I -L Industrial REQUEST: Consideration of Resolution No. 2016-02, recommending to the City Council an amendment of the City of Rohnert Park Zoning Ordinance Chapter 17.06. 100 (Permitted Uses) and Chapter 17.07.020 (Land Use Footnotes/Special Provisions) to disallow self -storage facilities, vehicle storage yards, and boat, R.V. and outdoor storage facilities in limited industrial zoning districts. APPLICANT: City of Rohnert Park Subject At its meeting of January 14, 2016, after review and discussion, the Planning Commission ("Commission") determined that the City of Rohnert Park ("City") should remove the following uses from the list of permitted and conditionally permitted land uses in the I -L Industrial Zoning District: ■ Boat, R.V. and Outdoor Storage Facilities • Self -Storage Facilities Vehicle Storage Yard The Commission asked staff to prepare Resolution No. 2016-02 ("Resolution") forwarding the Commission's recommendation to the City Council. If removed, these land uses would no Page 1 longer be permitted in the City of Rohnert Park and existing uses would become legal non- conforming uses, which could remain but not be expanded. Staff Analysis Self -storage facilities, vehicle storage yards, and boat, R.V. and outdoor storage facilities have a number of negative impacts on the community and have limited benefits. These land use types have relatively few employees, produce little sales tax, and often have lower assessed building valuations than other types of units permitted in I -L Industrial Zoning Districts. Unlike more active uses permitted in this zone, such as manufacturing, these uses do not create spin-off opportunities for adjacent properties. A more active industrial use with a higher number of customers and/or employees will generate positive off-site impacts, such as supporting a restaurant business, for example. Due to the lack of on-site activity, storage facilities also pose a law enforcement challenge. The use does not have any occupants and very little on-going activity which creates opportunities for criminal behavior. Prohibiting the growth of these uses will leave more opportunity for other uses more beneficial to the City. Further, the proposed amendments will benefit the public by eliminating uses that have resulted in police calls for illegal activities including people living in self -storage units, petty theft, suspicious persons, suspicious circumstances, and grand theft. The city has a limited supply of industrial zoned sites that have the potential for storage facilities. Most of these sites are in a location that lends itself to industrial or industrial/commercial uses and not as storage facilities. At the January meeting, when this item was originally discussed, some Planning Commissioners expressed concern over eliminating RV storage from the zoning ordinance since the city does not currently have any RV storage lots and due to the small size of residential lots in the community, this storage may be needed in the future. After further discussion and analysis, it has been determined that RV storage lots have some of the same drawbacks as self -storage and vehicle storage lots (e.g. no employees, opportunities for illegal living quarters, opportunities for criminal activity) and therefore staff recommends that this land use type is eliminated from the code. RV storage is permitted in Rohnert Park if it is accessory to another use. For example, some mobile home parks have small RV storage lots. RV storage is readily available to Rohnert Park residents. The City of Santa Rosa has several lots, just north of Rohnert Park. Self -storage facilities provide an important function in the community, but Rohnert Park already has a high number. The city is at the high end of the ratio of self -storage facilities in Sonoma County based on the population of the city. Surrounding cities such as Santa Rosa, Petaluma and Windsor have fewer self -storage facilities than Rohnert Park based on their population. After the Commission adopts the Resolution this matter will go before the City Council for its consideration. An amendment to the zoning ordinance requires a public hearing with the Planning Commission, a public hearing and first reading with the City Council and a second reading and adoption by the Council. A moratorium on storage facilities is currently in effect while the ordinance amendments are considered. Page 2 Environmental Determination The amendments under consideration have no "potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment" because they do not change any existing uses or authorize any future uses. Thus the amendments are not projects pursuant to Section 15378(a) of the CEQA Guidelines and are not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines. Public Notification A public hearing notice denoting the time, date, and location of this hearing was published in the Community Voice for the March 24, Planning Commission meeting. This item was continued to May 12, 2016 for additional testimony and consideration. Staff Recommendation Based on the above analysis, staff recommends that the Commission adopt Resolution 2016-02 recommending to the City Council amendments to MC Chapter 17.06. 100 (Permitted Uses) eliminating "Self -Storage Facility", "Vehicle Storage Yard", and "Boat, RV and Outdoor Storage Facility" from the list of permitted or conditionally permitted uses in the I -L Industrial District and amendments to MC Chapter 17.07.020 (Land Use Footnotes/Special Provisions) deleting Footnotes E (Boat, R.V. and Outdoor Storage) and Y (Self -Storage Facility). Attachments: 1. Resolution No. 2016-02 APPROVALS: Norm Weisbrod, Technical A isvr °� 1 JC iswenge canning Manager Page 3 ib Date �� b Date PLANNING COMMISSION RESOLUTION NO. 2016-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT OF THE CITY OF ROHNERT PARK ZONING ORDINANCE CHAPTER 17.06.100 (PERMITTED USE) TO ELIMINATE SELF -STORAGE FACILITY, VEHICLE STORAGE YARD, AND BOAT, R.V. AND OUTDOOR STORAGE FACILITY FROM THE LIST OF PERMITTED OR CONDITIONALLY PERMITTED USES IN THE I -L INDUSTRIAL DISTRICT AND TO AMEND CHAPTER 17.07.020 (LAND USE FOOTNOTES/SPECIAL PROVISIONS) TO DELETE FOOTNOTES E (BOAT, RV AND OUTDOOR STORAGE) AND Y (SELF -STORAGE FACILITY) WHEREAS, the applicant, City of Rohnert Park, filed Planning Application No. PLMC2015-0001 to recommend to the City Council amendments to the City of Rohnert Park Zoning Ordinance Chapter 17.06.100 (Permitted Use) eliminating Self -Storage Facility, Vehicle Storage Yard, and Boat, R.V. and Outdoor Storage Facility from the list of permitted or conditionally permitted uses in the I -L Industrial District and to Chapter 17.07.020 (Land Use Footnotes/Special Provisions) deleting Footnotes E (Boat, RV and Outdoor Storage) and Y (Self - Storage Facility); and WHEREAS, the proposed amendments to Chapter 17.06.100 (Permitted Uses) and Chapter 17.07.020 (Footnotes E and Y) attached hereto as Exhibit A and incorporated herein by reference (collectively the "Proposed Amendments") would eliminate those uses in the I -L Industrial Zoning District; and WHEREAS, the purpose of the revisions are to promote the highest and best uses of I -L Industrial zoned land and discourage uses that have few employees compared to most industrial uses, produce no sales tax, and may have a lower assessed building valuation than the typical manufacturing or warehouse/distribution/office use; and WHEREAS, pursuant to California state law and the Rohnert Park Municipal Code, public notice was published in the Community Voice a minimum of 10 days prior to the first public hearing; and WHEREAS, on March 24, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal and the public hearing was continued to May 12, 2016 to allow for additional testimony; and WHEREAS, the Planning Commission has reviewed and considered the information contained in Planning Application No. PLMC2015-0001 for the Proposed Amendments; 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; OAK #4829-9152-3631 v1 Section 1. The above recitations are true and correct. Section 2. Findings for Enactment of Amendments to -Chapter 17.06. 100 (Permitted Uses) and Chapter 17.07.020 (Footnotes/Special Provisions) in the I -L Industrial District of the City of Rohnert Park Zoning Ordinance. The Planning Commission hereby makes the following findings: 1. The proposed amendments to the Zoning Ordinance are consistent with the General Plan 2020. Criteria Satisfied. The Proposed Amendments are consistent with the Classification of Industrial uses within General Plan 2020. This designation accommodates campus - like environments for corporate headquarters, research and development facilities, offices, light manufacturing and assembly, industrial processing, general service, warehousing, storage and distribution and service commercial uses. Discontinuing personal storage types of uses will result in the land in the I -L zone being used for more traditional light industrial uses. 2. The proposed amendment to the Zoning Ordinance will be beneficial to the public health, safety or welfare. Criteria Satisfied. The Proposed Amendments will benefit the public by eliminating additional land uses in the I -L Industrial District that have resulted in police calls for illegal activities including people living in self -storage units, petty theft, suspicious persons, suspicious circumstances and grand theft. Section 3. Environmental Clearance. The Planning Commission has determined that the Proposed Amendments are exempt from the California Environmental Quality Act (CEQA) under the General Rule exemption. The Proposed Amendments will not require any changes to existing uses and do not authorize any future uses, and thus do not have the potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment. As a result, the Proposed Amendments are not a "project" within the definition of CEQA. Section 4. A duly noticed public hearing concerning the Proposed Amendments was held by the Planning Commission on March 24 and continue to May 12, 2016. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the City Council: (1) adopt the Findings stated hereinabove and (2) adopt an ordinance amending the City of Rohnert Park Zoning Ordinance as follows: (a) Section 17.06. 100 (Permitted Uses) to eliminate Self -Storage Facility, Vehicle Storage Yard, and Boat, R.V. and Outdoor Storage Facility from the list of permitted or conditionally permitted uses in the I -L Industrial District and (b) Section 17.07.020 (Land Use Footnotes/Special Provisions) to delete footnotes E (Boat, RV and Outdoor Storage) and Y (Self -Storage Facility) from Section OAK #4829-9152-3631 v1 17.07.020. These revisions to Sections 17.06. 100 and 17.07.020 would result in the Zoning Ordinance being amended to read as is shown in the form provided in Exhibit A. DULY AND REGULARLY ADOPTED on this 12th day of May, 2016 by the City of Rohnert Park Planning Commission by the following vote: AYES: NOES: ADAMS BLANQUIE Attest: ABSENT: ABSTAIN: BORBA _ GIUDICE HAYDON John Borba, Chairperson, Rohnert Park Planning Commission Susan Azevedo, Recording Secretary OAK #4829-9152-3631 v1 17.06.100 - Permitted uses. The following is a list of land uses and the limited industrial district within which they are permitted as follows: P = permitted C = conditionally -permitted by planning commission A = administrative permit Z = certificate of zoning compliance T = temporary conditional permit I = uses allowed as incidental to a primary use Uses involving chemicals may also be subject to requirements regarding hazardous materials (footnote 11), in which case more restrictive requirement shall apply. Land uses that are not specifically listed are not permitted unless determined, by the planning and community development director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision which follow this chapter. Land Use Category Adult Business (subject to the provisions and limitations of Chapters 8.37, E Agricultural Processing (includes viticulture) Agricultural Services Aircraft Related Industry Animal Hospital/Veterinary Clinic Ambulance Service Appliance Repair Service Auto Parts Sales and Installation Automobile Service Station (C) Beverage Bottling Plant I -L District Page 1 @ a��e sr Sto,-ate a il' E Boat Building P Brewery/Distillery/Winery (R) A Broadcasting Studio A Car Wash P Clubs and Lodges C Commercial Filming Studio P Communication Facility (F) C/A Contractors' Storage Yard C Convention Center C Cooperage P Cultural Institution (e.g. museums) C Dairy Products Processing P Day Care Center (Nonresidential) C(I) Dry Cleaning Plant A Exterminator P Food Processor C Fuel Storage C Funeral Parlor/Mortuary C Health Club P(1) Page 2 Household Hazardous Waste Facility C Household Services/Contractors (e.g. plumbing, painting, electrical, interior decorating) P Kennel (Commercial) (0) C Laundries/Linen Supply Service P Light Manufacturing and/or Assembly (Laboratory requirements to Biosafety Levels 1 and 2) P I 1 Lumber Yard P Massage Therapy (see Chapter 8.36) _ P(I) Medical Laboratory A Microbrewery with restaurant without restaurant Nursery (Horticulture) Office Parking Lot (Commercial) ` Parcel Delivery Service P Personal Services • As a Principal Use • As an Incidental Use Photographic Plant Printing and Blueprinting C P P A C P j A II I P P Page 3 Private/Public Utility Facility (F) • Minor Z/C Major C Public Assembly C f Public Facility—Non-City owned or proposed (see also Public Utility) C Public Facility—City owned or proposed (subject to Planning Commission review on referral from City Council) P Publishing P Recycling Facility (V) • Reverse Vending Machines P • Small Collection Facility A Large Collection Facility C • Light Processing Facility C Religious Assembly C Research and Development (Laboratory requirements to Biosafety Levels 1 and 2 only) _ P Restaurant (1) • As an Incidental Use A Retail Use • As an Incidental Use A Retail Warehouse C —� School Page 4 • Trade School A • High School C Security Guard Residence I Se-f-ste a„a C- r G Sign Shop P Stone Works P Studio (e.g. Dance, Martial Arts) A Taxidermist A Telecom Center A Temporary Use/Event (EE, see also DD) • Arts and Crafts Show T • Circus/Carnival T • Flea Market/Swap Meet A • Live Entertainment A • Outdoor Exhibit A o Recreational Event A • Religious Assembly A • Retail Sales A • Seasonal Lot/Activity (e.g. Christmas trees, pumpkins) T • Trade Fair T Page 5 Towing Service/Impound Yard Trucking Terminal (including moving and storage) A Upholstery Shop 0 A Vehicular Dealerships/Rentals (incl. boats, farm and construction equip.) (FF) A Vehicle Repair/Body Shops (GG) Warehousing/Wholesaling (Ord. 751 § 2 (part), 2005; Ord. 739 § 2 (part), 2005; Ord. 695 § 3, 2003) (Ord. No. 854, § 2(Exh. A), 7-9-2013; Ord. No. 887, § 4(Exh. A), 5-26-2015) P Page 6 Chapter 17.07 - LAND USE FOOTNOTES/SPECIAL PROVISIONS 17.07.010 - Purpose. The purpose of this chapter is to establish standards for the approval, conditional approval or disapproval of particular uses that typically have unusual site development features or operating characteristics requiring the establishment of standards to ensure that the use is designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area. (Ord. 695 § 3, 2003) 17.07.020 - Footnotes. The following standards apply to the land use indicated by corresponding number in the zoning district use charts: [no changes to A.ADULT ENTERTAINMENT through D.BED & BREAKFAST INN] I€ 14GA-T -�. V . °Nd-GU-TDOOR-,-,-TORA : g ,-anc4--eutdoer-stGr-age-ma --be--per-mitted-ie--indicates-districts-- nl)t-rvith-approval-0f-a cc�nditioaa ,, `' erarrd-sul�est�a--tJ�e-#oll�rw+n[„�-pre►risior�s�-�err�nanantaperatios f�aaluris+c�-beat„ 1�-1� anc+lar--+autriaar�tvrage`veq�uir��lr�irr}deft--eigdt�caal;-k�igk�-solid-�cr8er�fc� _ [no changes to F. COMMUNICATION FACILITIES through X.SECOND RESIDENTIAL UNIT] Y. SEL-t-STQRAGE-FAOIL-I-TY"'. 4- gelf storage -fae4lides.- ayf-4ae-permitted4r-indicated-,-triots�rrly-wit"pprovai-o#-a-GondWaftal use-per-mit--and-subject4e-4lie4,G4lawing-pfevasians: 2. The�onditiofrs-contained-in t€ is -section -are intended-t<a-reeve-ta di#€eren#iat€3 se!# -service storage#acilides-fmr+�--mare--inter+sive--wholesales-or--ger:eral-wa%heosin@--- Wse&;-espeeiall-y-iR regar-ds-to-t-he-d iffefi ng-paFkiwg-r-eq u irement&4or-tgese-use� 3. Thealt eXirtint�g4aGilities at uGh.„a�� tlrne-a��r..,4.h``e-stems of tile-eLxi4s,9ng-t;usifress-i e�ppan�deti�-y { Q. No business rt4l l* be--GondU `otr'©re mu'r�i-the-reT tal-o-4tor .i"7papQ�`;/r-irtaGtive Mo -r -age use&.. - Ai4 ss#er-age stall be felly enclosed vvithi+ a -building -or- buildings- 6 uildings- alsc�Ft�vtneste �f�c t, �:-and-outd�rof-st€rFag+� 6--IN#lar maable-or-other-wise-Iiaz-afdous-materials--shall,be-stored on-site: 7. Residefftial.quaFters-far-a-m, ar-iager-or-oar -ker--may--be-provided-in-t� €#eveloprnent: 9. The develop ment--shall-previde-far-,.two-parking.-spaces=-.for --the m-- 4-a MiAiMuM, rrrity-40,414&-manager's-quarter-s- 6F Gustem. ef-par4ing- -Aisi�-uvidth skrall-be a►inir a# twenty#eet tetween-buildings-te-provide-unobstructed--and sa#e-GiFGulatien- f t3- Foe -site skrall-lie-entirely paveft wit# are-al--weatbeF--srugace-except-fear-structure€-and laa�dscapi+�g. Page 1 1 -1 -.—Ail -oni-site- 4qbtinq--"l-be- energy-efficient, station&Fy-and--directed--away—fr-Gm- adjoin+nq properties and- PUWiG-fightS-4Df-Way7 12---T-he-site-shail be-oo mpletety- enrjlosedwiL4,a-six- foot high sGIkJ -de w-ra4ve - m-- asoory-wall-,em-;ept for-p&As--of ingress -and -egress -f including. emergemy fire access) -which- -shall- be-properl y gated -The gate(s4-&haWbe-maintained, in good workOg order-an"hall- re, maliR--Oosed except when-iwuse: restricted, to TOO n Sundays: [no changes to Z. SINGLE ROOM OCCUPANCY through HH.CONDOMINIUM CONVERSIONS] Page 2 City of Rohnert Park Planning Commission Report DATE: May 12, 2016 ITEM NO: 8.3 SUBJECT: Review of the Preliminary Development Plan for Residences at Five Creeks LOCATION: 12.7 Acre Area of the Stadium Area Master Plan, bounded by Dowdell Avenue, Labath Avenue, Martin Boulevard and Carlson Avenue (APN 143-040-124). REQUEST: Planning Commission Review of the Preliminary Development Plan (PDP) for Residences at Five Creek APPLICANT: Matthew J. Waken for MJW Investments LLC Background The proposed Residences at Five Creek project is located within the Stadium Area Master Plan (SAMP), a 32.8 acre site which is owned by the City and was the former location of the Sonoma County Crushers Baseball Stadium. A portion of the SAMP has been developed with the Fiori Estates and The Reserve apartment complexes. The property being considered under this Preliminary Development Plan is a 12.7 acre parcel bounded by Carlson Avenue on the north, Labath Avenue on the west, the extension of Martin Avenue on the south and Dowdell Avenue on the East. (See Exhibit A - Residence's at Five Creek Proposed Preliminary Development Plan). The property is owned by the city. A purchase agreement has been entered into between the city and MJW Investments LLC for the purchase of the property by the applicant. The purchase agreement, among other things, sets forth the terms of development of the site with a hotel, a separate retail -commercial center, a residential or office component and a public park. The 12.7 acre site is zoned Planned Development (P -D). This zoning district is intended to accommodate a wide range of residential, commercial and industrial land uses, which are mutually -supportive and compatible with existing and proposed development on surrounding properties. This district is typically used for projects that provide for a mix of land uses to serve identified community needs. All standards, requirements, densities, land use designations and Page 1 other contents of an approved final development plan for the P -D zoning district must be consistent with the city's general plan and any applicable specific plan. In order to establish a P -D zoning district, Article VII of Chapter 17.06 (Land Use Regulations) of the Rohnert Park Municipal Code requires that the applicant submit a Preliminary Development Plan (PDP) including initial development standards, land uses and phasing for review. The PDP process then includes review and comment by the Parks and Recreation Commission with regard to proposed parklands. Per the Municipal Code Section 17.06.250, the Planning Commission receives the Parks and Recreation Commission comments and considers these as part of its review of the PDP. When reviewing a PDP the Planning Commission is to consider "...whether the land uses proposed and their interrelationships are generally acceptable and consistent with the general plan and any applicable specific plan. The commission shall indicate conceptual approval or disapproval of the preliminary development plan." Following this non-binding review and conceptual approval of the PDP, the applicants may submit a formal application for Final Development Plan (FDP) approval, which is subject to environmental analysis and public hearings. Under the SAMP the land use designation for the parcel under consideration is Regional Commercial. In accordance with the Municipal Code and prior to the submittal of an application to the city for any of the above it entitlements, the applicant is seeking conceptual approval from the Planning Commission of the PDP. Preliminary' Development Plan The Residences at Five Creek is a plan for 12.7 acres in the SAMP. The site is adjacent to Costco, Ashley Furniture and KRCB Public Radio station. The proposed Conceptual Site Plan (Page 2 of Exhibit A) illustrates the retail commercial at the southwest corner of Dowdell Avenue and Martin Avenue, the park at the southwest corner of Dowdell Avenue and Carlson Avenue, the apartment complex at the southeast corner of Carlson Avenue and Labath Avenue and the hotel at the northeast corner of Labath Avenue and an extension of Martin Avenue. The proposed Land Use Plan (Page 3 of Exhibit A) includes approximately 135 high density residential units, 34,300 square feet of active retail and service commercial uses, a 132 room hotel and approximately 0.65 acres of public park. The proposed uses are shown in Table 1. The purchase agreement between the city and the applicant requires the hotel to be an upscale or higher rated hotel, as defined by the STR Hotel Chain Scale. Page 2 Table 1: Residences at Five Creek Preliminary Development Plan Land Use Amount Retail/Service Commercial 34,300 sf Multifamily Residential 135 units Hotel 132 rooms Park 0.65 acres • The proposed 135 multifamily residential units would have a density of approximately 22.2 dwelling units/acre. • The proposed parking for the development includes 252 parking spaces for the multi -family residential conforming to the Zoning Ordinance requirement for multi -family residential parking. Parking for the hotel would be 139 spaces and the parking for the retail commercial would be 125 spaces. Parking between the hotel and the commercial area would be reduced by 25 percent under the Zoning Ordinance provision for shared parking between uses. Pages 2 and 3 of Attachment A illustrate the proposed parking plan and parking calculations. • While a formal circulation plan is not included or required as part of a PDP submittal, access to the development is provided from Dowdell Avenue, Carlson Avenue, Labath Avenue and a proposed extension of Martin Avenue through from Dowdell Avenue to Labath Avenue. Parallel parking would be provided on both sides of Martin Avenue extension. On street parking is also provided on Labath Avenue and Carlson Court • A preliminary phasing plan indicating construction of the park, apartments and hotel in the first phase and the commercial area in the second phase. The PDP application includes an illustrative site plan and possible park amenities. The proposed park would include two bocce ball courts and a pavilion barbeque area (the Preliminary Park Study is unnumbered Sheet 5 in Exhibit A). • The PDP also includes Landscape Plans (unnumbered sheets 6 and 7 in Exhibit A) and illustrative drawings of the proposed development as sheets 8 through 13 in Exhibit A. Even though it is not included in the proposal, it should be noted that there is a 2.6 acre site on the south side of Martin Avenue zoned for Public Institutional use. This use is consistent with SAMP. The City is currently beginning the process of programming the uses on this site, which are expected to include a new public safety station and a relocated corporation yard. The Page 3 Commission will be provided an opportunity to review this site development once it has proceeded further into the design process. Staff Analysis The purpose of the preliminary PDP review is to obtain input and conceptual approval or disapproval of the plan from the Planning Commission as to the consistency of the proposed land use with the general plan and the applicable SAMP. The overall SAMP Plan is included as Exhibit C for reference. As described above, proposed PDP land uses include: • 135 residential units within the High Density Residential units; • 132 hotel rooms; • 34,300 square feet of retail/service commercial; and • 0.65 acres of public park. Under the SAMP the land use designation for the 12.7 acre parcel is Regional Commercial. This would permit the hotel and commercial development but not the apartment complex or the park. In order to allow for the project as proposed, the SAMP will have to be amended to include high density residential and a public park on this parcel. This will require the adoption of the following entitlements: General Plan Amendment; amendment to the SAMP; adoption of a Final Development Plan; and environmental review, required under CEQA. The SAMP amendment will also need to increase the number of residential units allowed with the plan area. Currently the SAMP permits a maximum of 338 housing units. Fiori Estates at 244 units and The Reserve at 84 units have created a total of 328 of the allowable 338 units. This only leaves an additional ten (10) units that can be built in the SAMP without modification to the Master Plan. The proposed 135 apartment units will exceed the maximum permitted by 125 units. Differences between the SAMP and the proposed PDP are shown in the Table 2. Table 2 — Comparison of PDP and SAMP Page 4 PDP SAMP After Required Amendments Commercial/Retail 5.9 acres 12.7 acres 6.6 acres Residential 135 units up to 338 units up to 463 Park 0.65 acres 0.5 acres 0.65 Page 4 Given that this preliminary review is conceptual and requires only a general, rather than precise consistency determination, staff believes that the Planning Commission could find the proposed land uses in the PDP submittal to be generally consistent with the SAMP and General Plan in terms of land use distribution and intensity, so long as the modifications to the SAMP and General Plan are approved as well. The proposal devotes more area to residential uses and park use and less to commercial uses than is currently envisioned by the SAMP. However, consistent with the Rohnert Park Municipal Code, the proposed PDP includes a public park sized to serve the population of the proposed 135 unit multi -family residential complex. The addition of a new public park on the west side of Highway 101 is an important amenity for the growing residential population in this area, which has no public park amenities. A detailed analysis of the consistency between the General Plan and SAMP, and the modifications that need to be approved to support the proposed PDP, is provided in Exhibit B. Modification to the City's General Plan and SAMP as well as to the applicant's proposal can be made during the Final Development to further address these inconsistencies. Detailed review of consistency with development standards, design guidelines, and parking requirements, along with environmental review, will be conducted at the time of Final Development Plan review along with environmental review. While the proposed PDP requires amendments to both the general plan and SAMP, the PDP and its accompanying purchase agreement help implement the following guiding policies from the General Plan. • LU -C: Promote a balanced land use program and increase the ability of people to live and work in the city. As noted above, the site under consideration currently carries a land use designation of Regional Commercial. The proposed change will result in a greater mix of uses and will provide a neighborhood retail center and park within walking distance of Fiori Estates, the Reserve at Dowdell and even the Windsor at Redwood Creek apartments at the intersection of Labath Avenue and Rohnert Park Expressway. The proposed hotel and retail center also provide employment opportunities within walking distance of the existing and proposed residential development. • LU -D: Provide for concentrations of activity and mixed-use and pedestrian -oriented development in selected areas. The commercial development on the west side of Highway 101 consists primarily of auto -centered commercial development, consistent with regional commercial land use designations. The proposed PDP introduces a mix of land use patterns including a hotel, retail center, public park and residential development. As noted above, the proximity to Fiori Estates, Reserve at Dowdell and Windsor at Redwood Creek can also drive activity in the area and stimulate a mixed-use, pedestrian - oriented environment. Page 5 • LU -H.• Maintain land use patterns that maximize residents' accessibility to parks, open space and neighborhood shopping centers. The PDP proposal includes the first public park proposed west of Highway 101, providing accessibility to a public park in a neighborhood that currently has limited public recreational amenities. • GM -A: Recognize the availability of housing as a vital issue of statewide importance. Cooperate with other local government and the State in addressing regional housing needs, and balance regional and State considerations with the community's interest in preserving Rohnert Park's quite, safe, small-town feeling and desire for carefully managed growth. There is currently a very low apartment vacancy rate in the city and throughout the county. While the PDP is not consistent with the land use designation applied to the specific property, the mix of uses is consistent with the larger neighborhood and the addition of residential units does address a need in the city and throughout the region for additional apartment units. • GM -H.• Minimize the impacts —physical, visual and fiscal -of growth and annexation on existing homes and businesses. One reason for the Regional Commercial zoning on the subject parcel is that revenue generated from this type of activity helps minimize fiscal impacts to the city from development. With the PDP, the applicant proposes hotel and retail commercial land uses that will be fiscally beneficial to the city. The applicant has indicated that the residential component is necessary to allow it to finance the development of the overall land use plan. Within the purchase agreement, the applicant has committed to make an annual financial contribution for the apartment units, designed to offset the demand for services created by this new residential development. As a whole and specifically with the proposed residential service contribution, the PDP continues to comply with the General Plan intent of ensuring that new development covers its costs. OS -G: Develop additional parkland in the city to meet the standard of required park acreage for new residents. The proposed PDP includes a public park with amenities that together satisfy the Municipal Code's requirement for parkland dedication. Parks and Recreation Commission Review The Parks and Recreation Commission reviewed the proposed public park at its April 21, 2016 meeting. The Commission discussed the size, layout and configuration of new park. The Parks and Recreation Commission adopted a motion to recommend approval of the proposed park with the following specific recommendations: • Addition of controlled access to the park from the adjacent apartment complex; • Design of the fencing should match the neighboring Reserve at Dowdell • Addition of a small entry feature at the southeast corner of the park the echoes the entry feature at northeast corner of the park; • Additional lighting details; • Informal "tot lot" or play features for small children; Page 6 • A small skate feature; • Modify plant list to substitute Quercus Lobata with Quercus Agrifolia. The Park and Recreation Commission's draft minutes, which include their motion, are included as Exhibit D. The Planning Commission should consider these comments and the applicant can use the feedback in preparation of the FDP. A detailed plan of the final design of the park will be prepared and presented to the Parks and Recreation Commission and the Planning Commission as part of the FDP review process. Next Steps If the Residences at Five Creek PDP is conceptually approved by the Planning Commission, a Final Development Plan may be submitted to the City. Conceptual approval of the PDP does not bind the Commission to approval of the Final Development Plan. Environmental review of the Final Development Plan will be required under the California Environmental Quality Act. Following appropriate environmental review of the plan, the Planning Commission will consider the application for the Final Development Plan at a public hearing. The Planning Commission will make a recommendation to the City Council based on a review of the environmental impacts of the plan, the appropriateness and interrelationships of the proposed uses, any effects on traffic circulation due to development of the plan, the quality of the suggested site plan design, and consistency with the general plan and SAMP. If the Planning Commission recommends approval of the Final Development Plan, the City Council will consider the plan at a public hearing, where it may approve or deny the Final Development Plan or return the matter to the Planning Commission for further evaluation. Environmental Determination Environmental analysis is not required for preliminary review of a PDP. A full analysis of the PDP under the California Environmental Quality Act (CEQA) will be conducted for a final development plan. Public Notification This item has been duly noticed by publication in the Community Voice for the Preliminary Review of the Residences at Five Creek Preliminary Development Plan. Staff Recommendation Staff recommends that the Planning Commission adopt Resolution No. 2016-15 -A Resolution of the Planning Commission of the City of Rohnert Park Conceptually Approving with Recommended Revisions the Preliminary Development Plan for the Residences at Five Creek Planned Development located on Dowdell Avenue, Carlson Avenue, Labath Avenue and Martin Avenue (APN 143-040-124.) Page 7 Exhibits: A. Residences at Five Creek Preliminary Development Plan (Also Exhibit A to the Resolution) B. Consistency with General Plan and Stadium Area Master Plan (Also Exhibit B to the Resolution) C. Stadium Area Master Plan Land Use D. Draft Minutes of the Rohnert Park Parks and Recreation Commission meeting of April 21, 2016 E. A Resolution of the Planning Commission of the City of Rohnert Park Conceptually Approving with Recommended Revisions the Preliminary Development Plan for the Residences at Five Creeks located on Dowdell Avenue, Carlson Avenue, Labath Avenue and Martin Avenue (APN 143-040-124.) APPROVALS: Norman Weisbrod, Date Technical Advisor Jer eiswen , AICP Dat Pla i g Manager Page 8 oV, { Gy y.y Q U r n I-- v / d LU U WZ U ry m 070 EM lmr4 0' a4 '0 Lo W 0 O N LO Cf) W O O w U u Q a z U U a Z W W Q 0 J Q r n I-- v / d LU U WZ U ry m 070 EM lmr4 0' a4 '0 Lo ..3nV 1-lVSV-1 l� `o' Q Ott a �g I All Q� ..3nV 1-lVSV-1 l� `o' Q dlmaa I I 1 I Z 3nv 7T3QMOO 3AV HIVE V7 a N W � o CC t c c x .. 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The following matrix evaluates the April 5, 2016 (received by the city on April 6, 2016), Residences at Five Creek submittal for consistency with the city's plans and policies. coag/Policy or standard I consistent? I L)escription General Plan Policies (Consistent) LU -7 (Encourage new Yes Several apartment complexes are in close proximity to the commercial facilities near proposed commercial shopping center on this site. residential uses) CD -2 (Create linkages Yes The project as proposed will create a unique, cohesive between different parts project on the west side of Rohnert Park. The project will of the city and create allow for the extension of Martin Road and connect to the unique, distinctive plan) i Hinebaugh Creek path. HO -1.1 (Residentially Yes ! The designation of high density residential will provide zoned land) additional land for multi -family development. General Plan (Updates Needed) Figure 2.4-1 (Specific Plan Update The Stadium Lands Master Plan (also the Stadium Lands and Planned PD) is not included on Figure 2.4-1 and is not discussed in Development Areas) the land use chapter of the General Plan. Discussion of the SAMP will need to be. Figure 2.2-1 (General Plan Update The current designation of the Five Creek project is Diagram) Commercial. A portion of this area will need to be amended to High Density Residential to allow for the apartment complex. A portion of this site will also need to be amended to Parks/Recreation to allow for the park site. (Updates Needed) SAMP and Planned Development Figure 1, page 4 (land use Update This figure will need to be update to reflect the proposed designations) land use designations. Proposed Land Use and Update The descriptions, acreage and other descriptions of the Zoning, page 5 land use designations will need to be updated. Table 2, page 9 (SAMP Update Gross acres, number of units and other detail will need to land use and be updated development program) The role of Martin Avenue will need to be clarified in the Proposed Streets and Update Improvements, page 12 text. The current wording suggests that a minor arterial will be needed but this is not supported anywhere else in the General Plan. Martin should be described as a local connector street. General Plan Policies to be Implemented as Part of Final Development Plan CD -16 (Required Part of Final I The project will be required to be designed as one Page 1 neighborhood design) _ cohesive project. Designs of project will need to be consistent with City CD -20 (Buildings Part of Final designed to have design guidelines. transitions from public street, facades with articulation and design features) CD -26 (Design of local Part of Final Staff will work with the project proponent to ensure that streets to serve as streets and sidewalk designs are comfortable to comfortable pedestrian pedestrians. environments) CD -55 (Require all Part of Final Staff will work with the project proponent to ensure that development within pedestrian amenities are provided. commercial districts to provide pedestrian amenities) Part of Final Site design will include these elements. TR -37 (Provide continuous sidewalks along all existing and future streets) TR -38 (Pedestrian Part of Final Site design will include these elements. friendly amenities along public street streets) TR -41 (Ensure that Part of Final Bicycle lanes, paths, parking and other bicycle amenities bikeway are continuous will be provided throughout the project. and interconnected) Part of Final The path along Hinebaugh Creek is located just south of OS -16 (Expand the city's network of bike and this area and the site design should provide connections as pedestrian paths in areas part of the overall bicycle network. of new development) OS -17 (Ensure that parks Part of Final The location of the proposed park is across the street from and recreation facilities a Costco loading dock and in a somewhat isolated corner are safe secure areas) of the site. Site design measures will have to be carefully considered to ensure that a safe environment is created. PF -15, 16, 23 (Water Part of Final The General Plan calls for various water conservation conservation) approaches which will be implemented through the FDP process. Chapter 6 (Environmental Part of Final �, A CEQA analysis will be conducted along with the FDP. Conservation) Page 2 Exhibit C HINEBAUGHCPEEK ............... ........ Feet Stadium Area Master Plan Page 4 Stadium Area Boundary Parks/Recreation High Density Residential Regional Commercial PublicAnsiltutional Industrial FIGURE I Proposed General Plan Land Use Designations Septeniher2013 STADIUM AREA MASTER PLAN "PD"ZONING DISTRICT Exhibit D PARKS AND RECREATION COMMISSION OF THE CITY OF ROHNERT PARK REGULAR MEETING MINUTES Thursday, April 21, 2016 The Parks and Recreation Commission of the City of Rohnert Park met this date at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, for a regular meeting to commence at 6:00pm. Call to order The meeting was called to order by Chair Borr at 6:02 p.m. Item 1. Roll Call: Present: Chair Borr, Vice -Chair Griffin, Commissioner Black Absent: Commissioners Bird, Canterbury Staff' 1'r•esent: Mary Grace Pawson, Director of Development Services John McArthur, Director of Public Works and Community Services Tom Kelley, General Services Supervisor Norm Weisbrod, Development Services Contract Planner Mitch Austin, Community Services Manager Rende Eger, Administrative Assistant Item 2. Pledge of Allegiance The Pledge of Allegiance was led by Chair Borr. Item 3. Acknowledgment of Meeting Agenda Posting Community Services Manager Austin acknowledged posting of the regular meeting agenda in the required public places per Brown Act requirements. Item 4. Public Comment None. Item 5. Approval of Minutes Approval of minutes for the regular meeting of Thursday, April 21, 2016, is moved to the next regular meeting agenda. Item 6. Preliminary Development Plan Review for Residences at Five Creek a. Staff Report Development Services Contract Planner Norm Weisbrod presented the commission a preliminary development plan for a community park at Five Creek for review. b. Review and Comments on Plan Commissioners discussed area of park placement and made recommendations for development consideration. Detailed costs associated with the development will be provided to the commission at a later date. Bruce Orr, President of 356 Advisors, was on hand to answer questions and advise the commission of development considerations. Action: Move/Second (Griffin/Black) to approve and accept the proposed preliminary development with recommendations of skate feature, tot lot, live oak tree replacement with Quercus Lobata, additional access points through the fence, fence to echo architect features of adjacent reserve, additional lighting, and consideration of secondary entry access in southeast corner. Motion carried by the following 3-0-0 vote, with 2 absences: AYES:Borr, Griffin, Black; NOS: None; ABSTAIN: None; ABSENT: Bird, Canterbury. Item 7. Senior Center Peace Garden Revised Proposal a. Staff Report Steven Elliot, representative from the Rotary Club of Rohnert Park-Cotati, presented the commission with revised plans for the Senior Center Peace Garden. b. Review and Recommendation Commissioners made recommendations regarding bench selection, expansion of the arbor, and consideration of access in final development. Next, the proposal will be presented to the Senior Citizens Advisory Committee on May 19tH Item 8. Park Amenity Renovation/Replacement Priority List a. Staff Report Staff presented park infrastructure listing and rating for the commission to review. b. Review and Recommendation The commission suggested providing categorical priorities as a strategy for listing park renovation and improvements as funding becomes available. Item 9. Parks Update a. Staff Report Staff provided the commission with a detailed listing of updates by park. Community Services Manager Austin advised the commission staff had meet with residents at Dorotea Park to review and discuss Par Course plans. b. Review and Discuss Vice -Chair Griffin expressed appreciation to Staff for park maintenance and improvements. Chair Borr commented on vandalism at Alicia Park and inquired whether Staff had noticed a pattern, suchas weather or activity, and whether deterrence could be coordinated with Public Safety. Commissioners suggested using mail and/or social media for a larger survey regarding Dorotea Park Par Course feedback. Item 10. Facility Improvement Projects Updates Public Works and Community Services Director John McArthur presented a PowerPoint presentation to the commission on the completed and upcoming facility improvement projects. a. Honeybee Pool Chemical Control Equipment The previous filters were replaced with new filter system at Honeybee Pool. b. Magnolia Tennis Courts Phase II c. Community Center & Senior Center Main Activity Rooms Painted Item 11. Review 2016 Agenda Plan The agenda plan for 2016 was generally discussed with the commission. Chair Borr requested the topic of Youth Advisory be added; Community Services Manager Austin advised this discussion would move up in priority. Item 12. Matters To/From Commissioners a. Summer Brochure Community Services Manager Austin advised the summer brochure was out as of April 1St. b. Locker Rooms Completed Community Services Manager Austin stated since the opening of the locker rooms, comments have been positive. There remains a punch list of minor items to be completed that staff is addressing. c. Staffing Changes Community Services Manager Austin announced changes in upcoming staff. A recruitment for a supervisor is currently in the works d. Next Senior Citizen Advisory Commission Meeting May 19th Community Services Manager Austin stated the next Senior Citizen Advisory Commission meeting is May 19tH e. Benicia Pool Grand Opening Moved to June 4th Community Services Manager Austin announced the Benicia Pool Grand Opening event has been moved fi-om April to June 4tH Additionally, Community Services Manager Austin advised ethics training is available to commissioners on May 31St from 1:30 to 3:30 p.m. Chair Borr, Vice -Chair Griffin, and Commissioner Black expressed interest in attending. Commissioner Black requested a status update on Gold Ridge community garden. Community Services Manager Austin advised a large fundraiser project by the garden orgnaizers had delayed the creation of the garden. Commissioner Black stated that perhaps some items listed in the Cultural Arts Commission charge may be outdated and should be reviewed. Community Services Manager Austin clarified that some items, such as development fees, are addressed in the annual report. Commissioner Black stated that the topic of interest in a Teen Center was expressed at the Town Hall Meeting [of April 201h], which addresses a need and should be Kept on the radar. Vice -Chair Griffin stated the Town Hall Meeting was well attended. Chair Borr commented an increase in vehicles in Eagle Park and suggested Staff could remind residents at the time reservations are made regarding the policy. Community Services Manager Austin also requested information regarding organized user, if applicable, could be relayed to staff to address. Chair Borr will not be present at the next scheduled meeting of May 19th and suggested confirmation from commissioners ensuring a quorum will be met, or if not, reschedule the regular meeting date. Item 13. Adjournment- There being no further business, Chair Borr adjourned the regular meeting of the Parks and Recreation Commission at 8:18 p.m. Chris Borr, Chair Rende L. Eger, Recording Secretary PLANNING COMMISSION RESOLUTION NO. 2016-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK CONCEPTUALLY APPROVING WITH REVISIONS THE PRELIMINARY DEVELOPMENT PLAN FOR RESIDENCES AT FIVE CREEKS BOUNDED BY CARLSON COURT ON THE NORTH, DOWDELL AVENUE ON THE EAST, MARTIN AVENUE EXTENSION ON THE SOUTH AND LABATH AVENUE ON THE WEST IN SONOMA COUNTY, CA (APN 143-040-124) WHEREAS, the applicant, MJW Investments LLC, filed Planning Application No. PROJ2016-0001 proposing a Preliminary Development Plan ("PDP"), for Residences at Five Creeks, in accordance with the City of Rohnert Park Municipal Code ("RPMC"); and 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 and a public hearing was published for a minimum of 10 days prior to the public hearing in the Community Voice; and WHEREAS, on April 22, 2016, the Parks and Recreation Commission reviewed the park and recreation amenities in the PDP and recommended conceptual approval with modifications; and WHEREAS, on May 12, 2016 the Planning Commission held a 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, the Planning Commission has reviewed and considered the information contained in Planning Application No. PROJ2016-0001, including recommended revisions proposed by staff to achieve consistency with city policies, as well as the information presented at the public hearings and the recommendation from the Parks and Recreation Commission; and WHEREAS, the applicant is expected to use this non-binding review and conceptual approval of the PDP to submit a formal application for a Final Development Plan, which is subject to a General Plan Amendment, modification to the Stadium Lands Master Plan and environmental analysis and public hearings. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Rohnert Park hereby makes the following determinations and recommendations with respect to the proposed Preliminary Development Plan: Section 1. The above recitations are true and correct, and material to this Resolution. Section 2. The Planning Commission recommends that those revisions and updates provided for in Exhibit B, which is attached hereto and incorporated by this reference, be made to the development plan to achieve full consistency with City policies. Section 3. The Planning Commission hereby finds that subject to the recommended revisions in Section 2, Planning Application No. PROJ2016-0001 the Residences at Five Creeks Preliminary Development Plan, including the proposed land uses and their interrelationships, is generally acceptable and consistent with the General Plan and the Stadium Area Master Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED, THAT the Planning Commission does hereby conceptually approve Application No. PROJ2016-0001 the Residences at Five Creeks Preliminary Development Plan as provided for in Exhibit A, subject to the General Plan Amendment, Modification to the Stadium Lands Master Plan and Environmental Analysis. DULY AND REGULARLY ADOPTED on this 12th day of May, 2016 by the City of Rohnert Park Planning Commission by the following vote: AYES: NOES: ABSENT: ABSTAIN: ADAMS BLANQUIE BORBA GIUDICE HAYDON John Borba, Chairperson, City of Rohnert Park Planning Commission Attest Susan Azevedo, Recording Secretary EXHIBIT A RESIDENCES AT FIVE CREEK PRELIMINARY DEVELOPMENT PLAN SEE EXHIBIT `A' ATTACHED TO THE STAFF REPORT EXHIBIT B CONSISTENCY WITH GENERAL PLAN AND STADIUM AREA MASTER PLAN SEE EXHIBIT `B' ATTACHED TO THE STAFF REPORT