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2019/10/24 Planning Commission Resolution1 Reso 2019-33 PLANNING COMMISSION RESOLUTION NO. 2019-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING CITY COUNCIL ADOPTION OF AN ORDINANCE APPROVING A FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF ROHNERT PARK AND PENN GROVE MOUNTAIN LLC REGARDING 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 City and the applicant entered into that certain “Development Agreement by and among the City of Rohnert Park and Redwood Equities, LLC,” recorded as Document No. 2010114199 in the Official Records of Sonoma County on December 15, 2010 (the “Development Agreement”) regarding development of the Southeast Specific Plan Area (“SESP”); and WHEREAS, Government Code section 65868 provides that a development agreement may be amended by mutual consent of the parties to the agreement or their successors in interest; and WHEREAS, 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 Development Agreement; and WHEREAS, on September 9, 2016, Redwood Equities and Penn Grove Mountain LLC, its successor in interest, 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 Penn Grove Mountain LLC and Penn Grove Mountain LLC assumed all rights and obligations of the Development Agreement; and WHEREAS, the City and Penn Grove Mountain LLC entered into that certain Second Amendment to Development Agreement dated February 28, 2018, and recorded on February 28, 2018, as Instrument No. 2018013757 in the Official Records of Sonoma County to revise certain conditions associated with the timing of construction of the water tank; and WHEREAS, the City and Penn Grove Mountain LLC entered into that certain Third Amendment to Development Agreement dated April 19, 2019 and recorded on May 20, 2019, as Instrument No. 2019033687 in the Official Records of Sonoma County to eliminate the water tank from Parcel B, require the construction of a water transmission line, provide for the reconveyance of the water tank parcel to the developer at fair market value, and allow development of two lots on the water tank site; and WHEREAS, the applicant, Penn Grove Mountain LLC filed Planning Application to request an amendment to the Development Agreement (PLDA19-0005) which would redistribute 2 Reso 2019-33 the number of income-restricted units available at each income level for the 36-unit affordable housing apartment complex; and WHEREAS, Penn Grove Mountain LLC intends to pursue tax credits through the federal Low Income Housing Tax Credit (LIHTC) program in order to finance development of this project and LIHTC requires different levels of affordability than original outlined in Development Agreement; and WHEREAS, in order to meet the affordability requirements of LIHTC and ensure the on-site manager’s unit remains affordable, Exhibit D (Affordable Housing Plan) of the Development Agreement, as amended, would distribute affordability of the 36 units as follows: six (6) available to households with 30% area median income; fifteen (15) available to households with 50% area median income; fourteen (14) available to households with 80% area median income; and one (1) available to households with 120% area median income (which would be reserved for the on-site manager); and WHEREAS, the Developer and City have negotiated the terms of a Fourth Amendment to Development Agreement to redistribute the number of income-restricted units available at each income level for the 36-unit affordable housing apartment complex confirm to fulfill the requirements of LIHTC and ensure affordability of the on-site manager’s unit; and WHEREAS, on October 24, 2019, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the Development Agreement Amendment; 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 notice was published for a minimum of 10 days prior to the 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 Development Agreement Amendment: Section 1. The above recitations are true and correct and material to this Resolution. Section 2. Environmental Review. A. 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. The proposed amendments will not result in additional environmental effects not previously evaluated in the EIR and are consistent with the analysis in the 2010 EIR, as the amendments only adjust the affordability levels of the affordable housing complex. No additional environmental review is necessary. 3 Reso 2019-33 B. Further, CEQA Guidelines section 15162 provides that “no subsequent EIR shall be prepared” for a project unless the lead agency determines that (1) “substantial changes are proposed in the project which will require major revisions of the previous EIR”; or (2) “substantial changes occur with respect to the circumstances under which the project is undertaken”; or (3) “new information of substantial importance … shows” one or more significant effects not discussed in the original EIR, greater severity to previously-identified substantial effects, or newly-found feasible mitigation measures that would substantially reduce significant effects. The proposed Development Agreement Amendment will not result in any changes to the proposed project not previously analyzed in the 2010 EIR and no new information of substantial importance shows any significant effects or newly found feasible mitigation measures that would substantially reduce significant effects. Section 3. Findings for Adoption of Development Agreement Amendment. The Planning Commission, in recommending approval to the City Council of Planning Application No. PLDA19-0005 Development Agreement Amendment for Southeast Specific Plan, hereby makes the following findings pursuant to Government code section 65867.5 and RPMC 17.21.040: 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 October 24, 2019, 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 Amendment 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 Southeast Specific Plan is required to provide 72 affordable units, 36 of which will be provided through an on-site apartment complex. The provisions of the Development Agreement Amendment would provide the same number of affordable housing units in the apartment complex, but would make more units available to individuals at 30% of area median income, and one unit at 120% of area median income. This helps the City provide units according to the Regional Housing Needs Allocation (RHNA.) 3. The provisions of the proposed Development Agreement are consistent with Government Code 65867.5(C). Criteria Satisfied. The Development Agreement Amendment satisfies the requirements of Government Code 65867.5(C) that requires that a 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 assess 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 Amendment satisfies the required of Government Code 65867.S(C). 4. The Planning Commission has given consideration to other pending applications and approved projects; the traffic, parking, public service, visual, and other impacts of the proposed development project upon abutting properties and the surrounding area; ability of the applicant to fuljill public facilities financing plan obligations; the relationship of the project to the City's growth management program; the provisions included, if any, for reservation, dedication, or improvement of land for public purposes or accessible to the public; the type and magnitude of the project's economic effects to the city of Rohnert Park, and of its contribution if any toward meeting the city's housing needs; and to any comparable, relevant factor. Criteria Satisfied. The proposed modifications to the Development Agreement will contribute toward meeting the city's housing needs to allow for implementation of the Affordable Housing Plan. Section 4. Based on the findings set forth in this Resolution and the evidence in the staff report, the above-referenced Findings, and all other information provided at the public hearing, the Planning Commission hereby recommends that the City Council approve the Fourth Amendment to Development Agreement, substantially in the form set form set forth as Exhibit 1 hereto. DULY AND REGULARLY ADOPTED on this 24th day of October, 2019 by the City of Rohnert Park Planning Commission by the following vote: AYES:~ NOES:_J!2__ ABSENT:_\_ ABSTAIN:_f)_ airperson, City of Rohnert Park Planning Commission 4 Reso 2019-33