2020/02/13 Planning Commission Resolution (4)PLANNING COMMISSION RESOLUTION NO. 2020-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF A DEVELOPMENT AGREEMENT AMENDMENT BETWEEN THE
CITY OF ROHNERT PARK AND STADIUM RP DEVELOPMENT PARTNERS, LLC,
ROHNERT PARK 668, LP AND PACIFIC HOSPITALITY SONOMA, LLC FOR
AMENDMENTS TO THE DEVELOPMENT OF THE RESIDENCES AT FIVE CREEK
PROJECT (APN 143-040-139)
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, Matthew J. Waken for Stadium RP Development Partners, LLC, filed
Planning Application No. PROJ20-0001 proposing a General Plan Amendment, amendment to the
Stadium Area Master Plan, including an amendment to the Final Development Plan, and a
Conditional Use Permit Amendment and an amendment to the Development Agreement to amend
the Residences at Five Creek Final Development Plan at 0 Dowdell Avenue (APN 143-040-139)
(the “Project”), in accordance with the City of Rohnert Park Municipal Code (“RPMC”); and
WHEREAS, Stadium RP Development Partners, LLX, executed an Assignment
Agreement on May 17, 2016 and assigned all of its rights, duties, and obligations concerning the
Project to Stadium RP Development Partners, LLC (“Developer”); and
WHEREAS, in connection with the Property, Stadium RP Development Partners, LLC
(“Developer”) and City Staff have negotiated a proposed development agreement amendment
(“Development Agreement Amendment”) in accordance with the requirements of Government
Code § 65864, et seq., and Chapter 17.21, “Development Agreement Procedure,” of the RPMC,
for the Project. The Development Agreement negotiated by the Developer and the City is attached
to this Resolution as Exhibit 1; and
WHEREAS, the Development Agreement Amendment, among other things, includes
terms that provide for the change of land use on Lot 4 from retail/commercial to residential, a
residential park contribution, the provision of affordable housing, a residential service payment
and a valuation adjustment payment; and
WHEREAS, pursuant to California State Law and the RPMC, 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 first public hearing in
the Community Voice; and
WHEREAS, on February 13, 2020, 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
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Reso 2020-05
WHEREAS, the Planning Commission has reviewed and considered the information
contained in the General Plan Amendment application for the proposal and has recommended
approval of the General Plan Amendment.
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.
Section 2. CEQA Findings. The Planning Commission hereby finds that a Mitigated
Negative Declaration was previously adopted for the Residences at Five Creek project and tha,
pursuant to CEQA Section 15162, no further environmental review is required for the proposed
project modification under CEQA as the conclusions and mitigation measures provided in the
previously adopted Mitigated Negative Declaration will continue to be adequate as no substantial
changes are proposed in the project which will require major revisions of the Mitigated Negative
Declaration; no substantial changes will occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous Mitigated Negative
Declaration due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; and, no new information of
substantial importance exists, which was not known and could not have been known with the
exercise of reasonable diligence at the time the previous Mitigated Negative Declaration was
adopted; and
Section 3. Findings for Adoption of Development Agreement. The Planning Commission
in recommending approval to the City Council of Planning Application No. PROJ20-0001,
Development Agreement Amendment for the Residences at Five Creek hereby makes the
following findings:
A. A duly noticed public hearing regarding the Development Agreement Amendment was
held by the Planning Commission on February 13, 2020, in conformance with the
notice provisions of Government Code §§ 65090 and 65091 and the requirements of
the PRMC.
B. The applicant has proposed amendments to the General Plan and related land use
entitlements for the Project which the Planning Commission has concurrently reviewed
and considered in conjunction with its review of the Development Agreement. The
proposed Development Agreement Amendment is consistent with the General Plan, as
amended, and would direct the Project’s development in an orderly manner that
benefits the City.
C. In accordance with RPMC 17.21.040, 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