2016/12/22 Planning Commission Resolution (5)PLANNING COMMISSION RESOLUTION NO. 2016-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING APPROVAL BY THE
CITY COUNCIL OF A TENTATIVE MAP TO ALLOW THE SUBDIVISION OF
PROPERTY LOCATED AT 5900 LABATH AVENUE (APN 043-040-124) INTO FIVE
PARCELS
WHEREAS, MJW Investments, LLC, filed Planning Application No. PLDV2016-0001
proposing a General Plan Amendment, amendment to the Stadium Area Master Plan (a Planned
Development), adoption of a Final Development Plan (including a related Conditional Use
Permit), and a Development Agreement and Planning Application No. PLEN 2016-0003 for the
related certification of a Mitigated Negative Declaration ("MND") and Planning Application No.
PLSD2016-0001 proposing a Tentative Map for a proposed project on a 15.30 acre parcel
located at 5900 Labath Avenue (APN 143-040-124) (the "Project"), in accordance with the City
of Rohnert Park Municipal Code ("RPMC"); and
WHEREAS, the Planning Commission reviewed the MND for the Project;
recommended approval by the City Council and has otherwise carried out all requirements for
the Project pursuant to CEQA; and
WHEREAS, the Planning Commission reviewed the General Plan Amendment and
SAMP Amendment for the Project; and recommended approval by the City Council. and
WHEREAS, pursuant to California State Law and the RPMC, public hearing notices
were mailed to all property owners within an area exceeding a three hundred foot radius of the
subject property and a public hearing was published for a minimum of 10 days prior to the first
public hearing in the Community Voice; and
WHEREAS, on December 8, 2016, the Planning Commission held a public hearing
which was continued to December 22, at which time interested persons had an opportunity to
testify either in support or opposition to the proposal; and
WHEREAS, the Planning Commission has reviewed and considered the information
contained in Planning Application No. PLDV2016-0001 for the proposed Tentative Map for the
property.
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 Tentative Map for the property:
Section 1. The above recitations are true and correct.
Section 2. The Planning Commission has recommended the City Council approve the
Mitigated Negative Declaration for this Project in Resolution No. 2016-30, approved on
December 22, 2016 concurrently with the Planning Commission's approval of this Resolution.
Section 3. Findings Regarding Tentative Map. The Planning Commission, in
recommending to the City Council approval of Planning Application No. PLSD2016-0001 and
hereby makes the following findings concerning the Tentative Map pursuant to Government
code section 66474:
1. The proposed map, and its design and improvements, are consistent with the
general plan and any applicable specific plan, any policy or guideline
implementing the general plan (including the city's design guidelines), or other
applicable provisions of this code.
Criteria Satisfied. The proposed Tentative Map is consistent with the General
Plan designations for the area, as well as the Stadium Area Master Plan that
applies to the property, as recommended to be amended to the City Council. The
proposed tentative map will implement the General Plan by providing regional
commercial and retail services and increasing the City's existing housing stock.
The proposed tentative map is consistent with the Stadium Area Master Plan
(SAMP) as recommended to be amended by the City Council. It proposes to
subdivide the property according to the SAMP's requirements related to
commercial development location, residential housing locations,
public/institutional development locations, public park location, public
improvements, and related amenities. The Tentative Map depicts the specific
commercial, public institutional, public park and residential parcels consistent
with those in the Stadium Area Master Plan, as recommended to be amended to
the City Council.
2. The site is physically suitable for the type of development.
Criteria Satisfied. The tentative map reflects the specific plan for this site, as
recommended to be amended, which is physically suitable for the proposed
development. No major geologic hazards have been reported on the site or other
limited conditions that would render it unsuitable for commercial, residential and
public development.
3. The site is physically suitable for the proposed density of development.
Criteria Satisfied. The site is of sufficient size and shape and appropriately
shown in the Stadium Area Master Plan, as recommended to be amended, to
allow the proposed density of development. The subdivision has been designed to
accommodate the future development of residential, commercial and public land
uses, taking into consideration the shape and topography of the site. This
development is consistent with the land use designations provided for in the
Stadium Area Master Plan, as recommended to by amended.
4. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat, absent a statement of overriding conditions.
Criteria Satisfied. An Environmental Impact Report (EIR) for the Stadium Area
Master Plan (State Clearinghouse Number 2005042111) was prepared and
certified by the City Council on June 10, 2008 by Resolution 2008-086, which
described potential impacts related to the development of the site with the
proposed uses. The EIR concluded that the majority of the impacts of the project
could be mitigated or substantially lessened with the adopted mitigation measures.
However, cumulative impacts which require action by other agencies to fully
mitigate are beyond the City's control and City Council adopted associated
CEQA Findings, a Statement of Overriding Considerations, and the Mitigation
Monitoring and Reporting Program. A subsequent Mitigated Negative
Declaration been prepared and recommended for approval which concludes that
any impacts that result from proposed changes to the project can be adequately
mitigated and would not result in any significant effects not disclosed in the EIR.
S. The design of the subdivision or the type of improvements will not cause serious
public health problems.
Criteria Satisfied. The design of the subdivision and all proposed improvements
are consistent with the RPMC, the Final EIR and Mitigated Negative Declaration
and the City's Manual of Standards. These standards promote the health and well-
being of residents of and visitors to the project and the surrounding land uses. The
design of the Tentative Map is in conformance with the City's General Plan,
Zoning Ordinance, as recommended to be amended, and Subdivision Ordinance.
The Tentative Map does not include improvements and further subdivision of the
site would be required to develop this site, therefore public health problems would
not occur with this map.
6. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property
with the proposed subdivision, absent alternative, equivalent easements.
Criteria Satisfied. The project site is not subject to any existing easements
acquired by the public at large for access through will respect all existing
easements, and any new easements required by the project have been made
conditions of the map approval.
7. Any proposed phases and their proposed sequence of construction are identified
on the submitted map.
Criteria Satisfied. The submitted map indicates two construction phases with the
sequencing clearly indicated upon the map.
Section 4. A duly noticed public hearing on the proposed Tentative Map was held on
December 8, 2016 which was continued to December 22, 2016 to allow for additional testimony.
Section 5. The Planning Commission does hereby recommend to the City Council
approval of Application No. PLSD2016-0001 for a tentative map (Exhibit 1) to allow the
subdivision of property located at 5900 Labath Avenue (APN 043-040-124), subject to the
recommended conditions of approval in Exhibit 2.
DULY AND REGULARLY ADOPTED on this 22nd day of December 2016 by the
City of Rohnert Park Planning Commission by the following vote:
AYES: 1 NOES: () ABSENT: l ABSTAIN: 6
ADAMS) BLANQUIE BORBA� "�e GIUDICEAYDON/ �i
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Chairperson, Rohnert Park Planning Commission
John
Attest:
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EXHIBIT 2
RECOMMENDED CONDITIONS OF APPROVAL
RESIDENCES AT FIVE CREEK TENTATIVE MAP
ON-GOING CONDITIONS
The conditions below shall apply to the Tentative Map (TM) for the Residences at Five Creek
project (Project) within the Stadium Area Master Plan (SAMP). The Project shall be developed
in accordance with the General Plan (GP), the SAMP, Mitigation Measures identified in the
Stadium Area Master Plan Environmental Impact Report (EIR) and subsequent Mitigated
Negative Declaration (MND), the Development Agreement (DA) between the City and Stadium
RP Development Partners LLC, the Rohnert Park Municipal Code (RPMC) and the Design and
Construction Standards.
The Conditions of Approval as stated herein are the obligation of the applicant/developer and
place no obligation either express or implied on the City. These Conditions of Approval run with
this TM as approved regardless of ownership at time of recording.
The proposed map was reviewed and the following conditions of approval were developed based
upon the Tentative Map, dated November 2016, prepared by Civil Design Consultants, Sheets I -
13.
General Requirements
1) The applicant shall comply with all documents approved by the City Council and adhere
to all exhibits presented by the applicant at the Planning Commission and\or City Council
meeting for approval of the SAMP and the Project unless subsequently revised by the
City.
2) In case of conflict between the various documents, the following order shall prevail:
General Plan as amended, Mitigation Measures for the Final Environmental Impact
Report (FEIR) and the subsequent Mitigated Negative Declaration, the Stadium Area
Master Plan and Final Development Plan including Conditions of Approval,
Development Agreement (DA), Tentative Map and its Conditions of Approval, Rohnert
Park Municipal Code (RPMC), and Design and Construction Standards.
3) The applicant shall comply with the EIR and the subsequent MND. In addition the
applicant shall pay the cost to monitor the Mitigation Measures identified in the EIR and
the subsequent MND on file in the Development Services Department. The requirements
contained in the Mitigation Monitoring and Reporting Program (MMRP) shall be
incorporated into these conditions and constructed in accordance with the MMRP.
4) The applicant agrees to indemnify, hold harmless and defend the City, its officers, agents,
elected and appointed officials, and employees, from any and all liability or claims that
may be brought against the City arising out of its approval of this Tentative Map and
associated entitlements pertaining to the Residences at Five Creek project save and
except that caused by the City's active negligence.
5) By accepting the benefits conferred under this TM, the applicant acknowledges all the
conditions imposed and accepts this TM subject to those conditions with full awareness
of the provisions of the SAMP Planned Development, as may be amended from time to
time, and the RPMC, as applicable.
6) The use of the property by the applicant/grantee for any activity authorized by this TM
shall constitute acceptance of all of the conditions and obligations imposed by the City on
this TM. The applicant/grantee by said acceptance waives any challenge as to the validity
of these conditions.
Requirements for Final Map Submittal and Content
7) The final map shall be prepared by a licensed surveyor or civil engineer, showing all
parcels, rights-of-way, and easement(s).
8) The final map shall be submitted with a completed Land Development Review Submittal
Sheet, Final Map Completeness Checklist and Final Map Submittal Checklist as available
on the City web -site and any and all applicable fees.
9) The final map submittal shall include a title report (within last 30 days), supporting
documents, and calculations for City Engineer review. All calculated points within the
map shall be based on one common set of coordinates. All information shown on the map
shall be directly verifiable by information shown on the closure calculation printout. The
point (s) of beginning shall be clearly defined. All lot acreages shall be shown on the map
and shall be verifiable from information shown on the closure calculation printout.
10) The local agency sheet of the final map shall include the following note:
a. "Prior to the issuance of building permits, all applicable development impact fees
shall be paid to the satisfaction of the Building Official and in accordance with
City and local district ordinances."
11) The Owner's Statement and Acknowledgement shall include the following language:
a. "The undersigned further relinquishes to the City of Rohnert Park all interest in
sub -surface water rights below 300 feet that they may have".
12) The final map shall provide that all property corners of lots within the subdivision shall
be monumented in compliance with city standards.
13) The final map shall satisfy Rohnert Park Municipal Code section 16.14.010 D. 2.
regarding dedication of rights-of-way and easements. The final map shall show
dedication of the necessary right-of-way in fee title, sidewalk easements, public utility
easements and other easements for public water, sewer, and storm drain, as shown on the
tentative map or as needed per the final improvement design. Specifically but not
exclusively:
a. the final map shall include the dedications necessary to widen Carlson Avenue to
68 -foot width including all frontage improvements to the southerly side of
Carlson Avenue (curb, gutter, 4.5 foot landscape parkway strip (measured from
face of curb), 5 -foot wide sidewalk
b. the final map shall include a public access easement over the private extension of
Martin Avenue in favor of Lot 5 owned by the City of Rohnert Park.
c. the Final Map shall include a public utility easement over the private extension
of Martin Avenue in favor of the City of Rohnert Park.
14) Limits of the 100 -year flood elevation, as determined by the City, shall be shown on the
final map and labeled as "Subject to Inundation". If any of the property shown on the
final map is labeled "subject to inundation", a "Declaration of Restrictions" or equivalent
instrument shall be approved by the City and recorded with the final map. The following
notes shall also be provided:
a. "Portions of lot(s) are located within the 100 -year flood elevation as determined
by the City of Rohnert Park. The lowest floor (as defined by the Federal
Emergency Management Administration and local ordinance) of structures will be
required to be constructed at a minimum of 1 foot above the 100 -year flood
elevations (as determined by the City). Nevertheless, flooding may be
experienced on portions of these lot(s) in the event of a 100 -year storm."
b. "A Declaration of Restrictions regarding Lot Nos. is recorded with this
map as Document No.
15) All dedications offered on the map, which do not have their appurtenant improvements
constructed within their respective areas at the time of the final map approval, if any,
shall be accepted subject to improvement or rejected, pursuant to section 66477.1(a) of
the Subdivision Map Act.
Prior to Approval of Final Map
16) Prior to the approval of the final map, the applicant shall provide evidence that its
surveyor has been retained to set all monuments required by the map.
17) Prior to or concurrent with approval of the final map, the applicant shall enter into an
Public Improvement and Termination and Supersession of Deferred Improvement
Agreement to assure construction and completion of the public improvements shown on
the map. Said agreement shall specify and be accompanied by the financial assurances
required to ensure completion of the public improvements.
18) Prior to the approval of the final map, the applicant shall secure all necessary rights-of-
way and easements for both onsite and offsite road, utility, and drainage facilities. Rights-
of-way and easements shall be dedicated on the map or provided by grant deed. The
developer shall prepare all necessary legal descriptions and deeds.