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2023/05/25 Planning Commission Agenda Packet City of Rohnert Park Planning Commission NOTICE IS HEREBY GIVEN THAT A MEETING will be held on Thursday, May 25, 2023 6:00 P.M. CITY HALL - COUNCIL CHAMBER 130 Avram Avenue, Rohnert Park, California To any member of the audience desiring to address the Planning 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. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL (Austin-Dillon_____ Epstein____ Lam____ Orloff____ Striplen____) 4. 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. Please see above for details on how to submit public comments. 5. CONSENT CALENDAR - ADOPTION OF MINUTES 5.1 Approval of the Draft Minutes of the Planning Commission Meeting of April 27, 2023 Commissioner Motion/Roll Call Vote: (Austin-Dillon_____ Epstein ____ Lam ____ Orloff _____ Striplen _____) 6. AGENDA ITEMS 6.1 PUBLIC HEARING – STATION AVENUE RECISSION - PROJ18-0001- City of Rohnert Park – Conduct a Public Hearing and consider recommending that the City Council remove, rescind and terminate the following Station Avenue project entitlements: (a) Planned Development Zoning designation; (b) Development Agreement between the City and Laulima Rohnert Station LLC; and (c) the Final Development Plan and Conditional Use Permit (File No. PROJ18-0001) (CEQA Review: This action is not a “project” per CEQA Guidelines Section 15378) Commissioner Motion/Roll Call Vote: (Austin-Dillon_____ Epstein ____ Lam ____ Orloff _____ Striplen _____) 7. ITEMS FROM THE PLANNING COMMISSION 8. ITEMS FROM THE DEVELOPMENT SERVICES STAFF 9. ADJOURNMENT 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 the 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). AMERICAN DISABILITY ACT ACCOMMODATIONS: Any member of the public who needs accommodations should email the ADA Coordinator at jcannon@rpcity.org or by calling 707-588-2221. The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Information about reasonable accommodations is available on the City website at https://www.rpcity.org/city_hall/departments/human_resources/a_d_a_and_accessibility_resources CERTIFICATION OF POSTING OF AGENDA I, Clotile Blanks, Community Development Technician, for the City of Rohnert Park, declare that the foregoing notice and agenda for the May 25, 2023, Planning Commission Meeting of the City of Rohnert Park was posted and available for review on May 19, 2023, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is available on the City of Rohnert Park’s website at www.rpcity.org. Signed this 19th day of May 2023 at Rohnert Park, California. Clotile Blanks 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 June 5, 2023. Minutes of the Planning Commission Meeting of the City of Rohnert Park Thursday, April 27, 2023 6:00 P.M. 130 Avram Avenue, Rohnert Park 1. CALL TO ORDER Chairperson Austin-Dillion called the regular meeting to order at 6:00 p.m. 2. PLEDGE OF ALLEGIANCE Led by Chairperson Austin-Dillion. 3. ROLL CALL Present: Tramaine Austin-Dillion, Chairperson Charles Striplen, Commissioner Marc Orloff, Commissioner Absent: Matt Epstein, Vice Chairperson Fanny Lam, Commissioner 4. PUBLIC COMMENT None. 5. CONSENT CALENDAR - ADOPTION OF MINUTES 5.1 Approval of the Draft Minutes of the Planning Commission Meeting of April 13, 2023. ACTION: Moved/Seconded (Orloff/Striplen) to adopt the Minutes of the Planning Commission Meeting of April 13, 2023. Motion carried by the following (3-0-2) roll call vote: AYES: Austin-Dillion, Orloff, Striplen and; NOES: None; ABSENT: Epstein, and Lam; ABSTAIN: None. 6. AGENDA ITEMS 6.1 SITE PLAN AND ARCHITECTURAL REVIEW AMENDMENT PLSR22-0005 - Venus Jenkins/ChargeNet Holdings Corp. – Consideration of Resolution No. 2023-08 Approving Site Plan and Architectural Review Amendment For The Construction Of One Photovoltaic Solar Carport Within An Existing Parking Lot located at 5000 Redwood Drive (APN 045-081-018) Suzie Azevedo, Assistant Planner, provided a PowerPoint highlighting the project in the following areas: project description, location, project details, and amendment review showing design materials, and conditions. Ms. Azevedo recommended approval of Resolution 2023-08 approving the site plan and architectural review for the solar carport structure at the Taco Bell parking lot located at 5000 Redwood Drive. The Planning Commissioners had no questions for Ms. Azevedo regarding Agenda Item 6.1. The Applicant, Cameron McKinely, Operations Business Manager with ChargeNet Stations attended and introduced himself. He stated that they are involved with the development, engineering, and construction of all ChargeNet projects. This involves installing solar carports with DC fast chargers for EV cars in fast-food restaurants, primarily in California. Commissioner Striplen asked for an elaboration on the project design reduction due to PG&E issues. Cameron McKinely stated that the previous design located near the main transmission line served Northern California, and PG&E wanted unlimited access without any barriers to service that line if needed. Therefore, ChargeNet opted to amend its design to protect its equipment from potential destruction by PG&E. There was no public comment on Agenda Item number 6.1. ACTION: Moved/Seconded (Orloff/Striplen) to approve Resolution 2023-08 approving Site Plan and Architectural Review Amendment For The Construction Of One Photovoltaic Solar Carport Within An Existing Parking Lot located at 5000 Redwood Drive (APN 045-081-018). Motion carried by the following (3-0-2) roll call vote: AYES: Austin-Dillion, Orloff, Striplen and; NOES: None; ABSENT: Epstein and Lam; ABSTAIN: None. 7. ITEMS FROM THE PLANNING COMMISSION Commissioner Orloff’s stated that it was brought to his attention, by an outside party, that (1) there were questions about the planning and building department’s review and approval process of projects and the ability of them to move forward in a timely manner. (2) Commissioner Orloff had concerns about staff turnover and how it affected the project approval process. Jeff Beiswenger explained projects first receive planning approval and then move forward for review and final approval by the building department. He stated, applicants can apply for their building permits but they will not be approved until the planning review is finished, which may cause a delay. Beiswenger stated that because we are getting a high number of ADU applications from new inexperienced builders, there is confusion on their part, and planning and building had to guide and assist them in completing their projects. Also, it had been noted that once they have submitted applications a few times they became more familiar with the process and this allowed for an easy submittal process. Beiswenger also reminded the Commissioners that our Building Official had moved on and our building inspectors and permit technicians are secure and stationary as we look forward to hiring a new Building Official. There was no discussion from the Planning Commission. 8. ITEMS FROM THE DEVELOPMENT SERVICES STAFF Planning Manager, Jeff Beiswenger, stated that there would not be a planning commission meeting on the 1st and maybe the 2nd week of May. He stated that the EIR for the General Plan is being reviewed by the consultants, and the General Plan will be brought back to the Planning Commission and City Council sometime in July, which will include Code updates. Also, the Station Avenue entitlements which need to be reviewed thoroughly by the City Attorneys, will be brought before the Planning Commission maybe the 2nd Planning Commission meeting in May. Chairperson Austin-Dillion stated he would not be available for any meetings in May. Beiswenger said that it helps to know Chairperson Austin-Dillion’s availability because the rescission of the Downtown Entitlements does not have a specific date but they would be done before the City starts reaching out to new developers for re- submittals on the Downtown design which would allow them to start with a clean slate. 9. ADJOURNMENT Chairperson Austin-Dillion adjourned the regular meeting at 6:18 p.m. ________________________________ ___________________________________ Chairperson Recording Secretary – Clotile Blanks Page 1 City of Rohnert Park Planning Commission Report DATE: May 25, 2023 ITEM NO: 6.1 SUBJECT: Conduct a Public Hearing and consider recommending that the City Council remove, rescind and terminate the following Station Avenue project entitlements: (a) Planned Development Zoning designation; (b) Development Agreement between the City and Laulima Rohnert Station LLC; and (c) the Final Development Plan and Conditional Use Permit (File No. PROJ18-0001) (CEQA Review: This action is not a “project” per CEQA Guidelines Section 15378) LOCATION: Area bounded by Rohnert Park Expressway to the north, the SMART right-of- way on the east, Enterprise Drive on the south, and State Farm Drive to the west (APN 143-051-072 and APN 143-051-089) APPLICANT: City of Rohnert Park RECOMMENDATION: Adopt the following Resolutions recommending that the City Council remove, rescind and terminate the following Station Avenue project entitlements: 1. A resolution recommending removal of the Planned Development designation; 2. A resolution recommending rescission of the ordinance approving the Development Agreement between the City and Laulima Rohnert Station LLC, and terminating the Development Agreement; and 3. A resolution recommending the rescission of the Final Development Plan and Conditional Use Permit for the Station Avenue Project. BACKGROUND: In early 2016, the City adopted its Central Rohnert Park Priority Development Area Plan (PDA Plan). At the heart of the PDA Plan is a 30-acre opportunity site to create a downtown area at the southeast corner of Rohnert Park Expressway and State Farm Drive (6400 State Farm Drive) (the “Property”). In 2017, the site was purchased by Laulima Development, who subsequently applied for and received approvals for the Station Avenue entitlements on November 13, 2018. Laulima Development did not move forward with their approved project and in April 2022, sold the Property to the City. The City purchased the Property in order to make greater progress on developing a “downtown” district in Rohnert Park. Page 2 In order to move forward with a downtown project, the City desires to formally remove, rescind and terminate the following prior Laulima approvals: • Planned Development Zoning Designation (PD) • Development Agreement (DA) between the City and the former developer to develop the prior project. • Station Avenue Final Development Plan and Conditional Use Permit The approved Tentative Map for the Laulima project has expired and no action is necessary to rescind the tentative. ANALYSIS PD Zoning Designation This zoning designation set up a development plan approval process for Laulima’s project and is no longer necessary. After removal of the PD designation, the zoning map would continue to display the underlying Downtown District Amenity Zone (DDAZ), which is already in place. A zoning map amendment is needed to implement this change by removing the “PD” label on the property. The DDAZ would allow development of a downtown project in the future. Development Agreement A development agreement (DA) was approved by ordinance as part of the Station Avenue project approvals. Because the DA is recorded against the title of the property, it is binding on future owners (including potentially the City). In order to ensure clear title to the downtown property, the ordinance approving the DA should be rescinded and the DA should be formally terminated. Station Avenue Final Development Plan and Conditional Use Permit These approvals established the detailed design and development standards for the project proposed by Laulima Development and are no longer necessary. The Station Avenue entitlements also cover the City’s Corporation Yard. This is not the project the City intends to have built and rescinding these entitlements will clear the way for future work. CEQA Review: The rescission of the Laulima approvals is not a “project” under CEQA as it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect change and is not an activity that will be undertaken. The rescission will remove prior approvals. Further, even if the rescission was a project, it would be exempt under the “common sense exemption” in CEQA Guidelines section 15061(b)(3) as it can be seen with certainty that there is no possibility the rescission would have a significant effect on the environment. In addition, the EIR adopted for the Central Rohnert Park PDA, that covers the Property, will continue to remain in effect. The PDA EIR addresses the potential environmental impacts that Page 3 may be associated with the construction and operations of development within the PDA plan area and identifies Mitigation Measures that significantly reduce or avoid the impacts. Public Notification: A 10 day public hearing notice was posted at prescribed locations in Rohnert Park. Property owners within 300 feet of the project were mailed notices of the proposed actions. STAFF RECOMMENDATION: Staff recommends that the Planning Commission adopt the following Resolutions which, collectively, recommend that the City Council remove, rescind or terminate the entitlements related to the Station Avenue project: 1. Resolution No. 2023-09 (Remove PD) recommending that the City Council adopt an ordinance to remove the Planned Development designation. 2. Resolution No. 2023-10 (Terminate DA) recommending that the City Council adopt an ordinance to rescind the ordinance approving the Development Agreement between the City of Rohnert Park and Laulima Rohnert Station, LLC, for the Development of the Station Center Project and terminate the Development Agreement. 3. Resolution No. 2023-11 (Rescind FDP and CUP) recommending that the City Council rescind the Final Development Plan and Conditional Use Permit for the Station Avenue Project. Attachments: A. Resolution No. 2023-09 (PD and zoning map amendment) B. Resolution No. 2023-10 (DA): C. Resolution No. 2023-11 (FDP and CUP): APPROVALS: May 19, 2023 _________________________________ _____________________ Jeffrey Beiswenger, AICP, Planning Manager Date . PLANNING COMMISSION RESOLUTION NO. 2023-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK RECOMMENDING THAT THE CITY COUNCIL REMOVE THE PLANNED DEVELOPMENT ZONING DESIGNATION FOR THE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF STATE FARM DRIVE AND ROHNERT PARK EXPRESSWAY (APN 143-051-073 and APN 143-051-089) WHEREAS, on November 27, 2018, the City Council adopted Ordinance 927 to amend the zoning map to apply the Downtown District Amenity Zone to two parcels totaling 32 acres in size (“Subject Site”) located at 6400 State Farm Drive (APN 143-051-072 and 143-051-089), and to amend Chapter 17.06, Article XIII (Downtown District Amenity Zone (DDAZ)) of the Municipal Code to include new zoning regulations to implement the Downtown District; and WHERAS, on November 27, 2018 the City Council approved the Laulima Development, LLC, Planning Application No. PROJ18-0001 to establish the Station Area Planned Development (“PD”), Final Development Plan (“FDP”), Conditional Use Permit (“CUP”), Tentative Map (“TM”) and Development Agreement (“DA”) for a proposed project, Station Avenue, on the Subject Site, in accordance with the City of Rohnert Park Municipal Code (“RPMC”); and WHEREAS, in 2021, the City purchased the Subject Site and has determined that the Station Avenue entitlements are no longer necessary and seeks to amend the zoning map to remove the Planning Development (PD) designation; and WHEREAS, amendments to the zoning ordinance and map must be processed according to Section 17.25.070 to .075 of the Rohnert Park Municipal Code and the Planning Commission is required to conduct a hearing, make findings and a recommendation to the City Council based on the merits of the proposal; and WHEREAS, the requested amendments would apply to the City zoning map which would remove the PD map designation (see Exhibit A) and the DDAZ zoning designation would continue to apply to the property (see Exhibit B); and WHEREAS, pursuant to California State Law and the RPMC, public hearing notices were mailed to all property owners within a three hundred-foot radius of the subject property and a public hearing notice was published in the Community Voice prior to the first public hearing; and WHEREAS, on May 25, 2023, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support of or opposition to the proposal; and WHEREAS, the Planning Commission has reviewed and considered the information contained in the application and the analysis contained in the Staff Report for the proposal. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rohnert Park, based on all evidence in the record, including the oral and written staff reports and all oral and written testimony presented at the hearing, as follows: . Section 1. Recitals. The above recitations are true and correct. Section 2. CEQA Review. This rezone is not a “project” under CEQA as it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect change and is not an activity that will be undertaken, as it will only remove the PD zone. Further, even if the rezone was a project, it would be exempt under the “common sense exemption” in CEQA Guidelines section 15061(b)(3) as it can be seen with certainty that there is no possibility the rescission would have a significant effect on the environment. In addition, the EIR adopted for the Central Rohnert Park PDA, which covers the Property, will continue to remain in effect. Section 3. Factors. The Planning Commission makes the following findings with regard to the rezone, as required under Section 17.25.073 of the Municipal Code.: 1. That the proposed zoning and/or amendment is consistent with the general plan. The downtown district (DDAZ zone) transects of Downtown Core, Downtown Main Street and Downtown Neighborhood would continue to apply and these designations have been determined to be consistent with the general plan. 2. That the proposed zoning and/or amendment will be beneficial to and not detrimental to public health, safety, or welfare. The elimination of the PD designation does not result in any development and no environmental impacts will occur as a result of this action. 3. That with the proposed zoning and/or amendment adequate and available sites remain to mitigate the loss of residential density on the subject property to accommodate the city’s “fair share” regional housing need used by the State Department of Housing and Redevelopment in determining compliance with Housing Element Law pursuant to Government Code Section 65863(b). The underlying zoning of the property will remain and will not impact the ability of the City to accommodate the city’s “fair share’ of regional housing. All three of the DDAZ designations of Downtown Core, Downtown Main Street and Downtown Neighborhood allow for housing developments. Section 4. The Planning Commission recommends that the City Council adopt an ordinance to remove the PD designation for the Subject Site shown in Exhibit A. The zoning map would continue to display the underlying form-based code designations as provided in Exhibit B. . DULY AND REGULARLY ADOPTED on this 25th day of May, 2023 by the City of Rohnert Park Planning Commission by the following vote: AYES: _____NOES:_____ ABSENT:_____ ABSTAIN:_____ AUSTIN-DILLON_____ EPSTEIN_____ ORLOFF_____ STRIPLEN_____ LAM_____ _________________________________________________________________ Acting Chairperson, Rohnert Park Planning Commission Attest: ________________________________ Clotile Blanks, Recording Secretary Attachments: Exhibit A – Current Planned Development Designation (PD). Exhibit B –Existing Downtown District (DDAZ) . EXHIBIT A Current PD Designation (PD) . EXHIBIT B Existing Downtown District (DDAZ) . PLANNING COMMISSION RESOLUTION NO. 2023-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL RESCIND ORDINANCE 928 AND TERMINATE THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND LAULIMA DEVELOPMENT, LLC, FOR DEVELOPMENT OF THE STATION CENTER (APN 143- 040-124 AND APN 143-051-089) 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, Laulima Development, LLC, filed Planning Application No. PROJ18-0001 proposing the Station Avenue Final Development Plan (“FDP”), Conditional Use Permit (“CUP”), Tentative Map (“TM”) and Development Agreement (“DA”) for a proposed project (“Project”) on a 32 acre parcel located at 6400 State Farm Drive (APN 143-051-072 and 143-051-089) (“Property”), in accordance with the City of Rohnert Park Municipal Code (“RPMC”); and WHEREAS, in connection with the Project, Developer and City Staff negotiated and adopted a development agreement (“Development Agreement”) in accordance with the requirements of Government Code § 65864, et seq., and Chapter 17.21, “Development Agreement Procedure” of the RPMC and it was adopted by City Council Ordinance 928 on November 27, 2018; and WHEREAS, the Project did not advance, and the City of Rohnert Park purchased the Property; therefore, the Development Agreement is no longer necessary; and WHEREAS, according to Section 17.21.060 (Adherence to development agreement, and amendment or cancellation by mutual consent) a DA may be terminated by mutual agreement of the parties and cancellations shall be processed in the same manner as an original application and shall be subject to the same procedural requirements; 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 May 25, 2023, the Planning Commission held a public hearing, at which time interested persons had an opportunity to testify either in support or opposition to the termination of 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 recension of the Development Agreement: . Section 1. Recitals. The above recitations are true and correct. Section 2. CEQA Review. The termination of the Development Agreement is not a “project” under CEQA as it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect change and is not an activity that will be undertaken. Further, even if the termination was a project, it would be exempt under the “common sense exemption” in CEQA Guidelines section 15061(b)(3) as it can be seen with certainty that there is no possibility the termination would have a significant effect on the environment. In addition, the EIR adopted for the Central Rohnert Park PDA, that covers the Property, will continue to remain in effect. Section 3. Findings. The termination of the Development Agreement is consistent with the City’s General Plan as the Property can develop consistent with the General Plan without the Development Agreement in place. The Planning Commission has considered other pending applications and approved projects; the traffic, parking, public service, visual, and other impacts of the proposed amendment upon abutting properties and the surrounding area; ability of the applicant to fulfill 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. Section 4. Recommendation. Based on the findings set forth in this Resolution and the evidence in the staff report, the Planning Commission recommends that the City Council adopt an ordinance rescinding Ordinance 928 and terminating the Development Agreement. DULY AND REGULARLY ADOPTED on this 25th day of May 2023, by the City of Rohnert Park Planning Commission by the following vote: AYES: _____NOES:_____ ABSENT:_____ ABSTAIN:_____ AUSTIN-DILLON_____ EPSTEIN_____ ORLOFF_____ STRIPLEN_____ LAM_____ _________________________________________________________________ Acting Chairperson, Rohnert Park Planning Commission Attest: ___________________________________________________ Clotile Blanks, Recording Secretary PLANNING COMMISSION RESOLUTION NO. 2023-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL RESCIND FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR THE STATION AVENUE PLANNED DEVELOPMENT (APN 143-051-072 AND APN 143-051-089) WHEREAS, Laulima Development, LLC , filed Planning Application No. PROJ18-0001 proposing the Station Area Final Development Plan (“FDP”), Conditional Use Permit (“CUP”), Tentative Map (“TM”), and Development Agreement (“DA”) for the Station Avenue project (“Project”), on a 32-acre parcel located at 6400 State Farm Drive (APN 143-051-072 and 143- 051-089) (the “Property”), in accordance with the City of Rohnert Park Municipal Code (“RPMC”); and WHEREAS, on November 13, 2018, the City Council adopted Resolution 2018-149 Adopting a Final Development Plan and Conditional Use Permit for the Station Avenue Planned Development (APN 143-051-072 and APN 143-051-089); WHEREAS, the City purchased the Property and the Project did not move forward and the FDP and CUP are no longer required; 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 May 25, 2023, 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 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 rescinding the proposed FDP and CUP: Section 1. Recitals. The above recitations are true and correct. Section 2. CEQA Review. The termination of the approvals is not a “project” under CEQA as it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect change and is not an activity that will be undertaken. Further, even if the termination was a project, it would be exempt under the “common sense exemption” in CEQA Guidelines section 15061(b)(3) as it can be seen with certainty that there is no possibility the termination would have a significant effect on the environment. In addition, the EIR adopted for the Central Rohnert Park PDA, that covers the Property, will continue to remain in effect. Section 3. The Planning Commission does hereby recommend that the City Council rescind the Final Development Plan and Conditional Use Permit adopted in 2018 by City Council Resolution 2018-149. DULY AND REGULARLY ADOPTED on this 25th day of May 2023, by the City of Rohnert Park Planning Commission by the following vote: AYES: _____NOES:_____ ABSENT:_____ ABSTAIN:_____ AUSTIN-DILLON_____ EPSTEIN_____ ORLOFF_____ STRIPLEN_____ LAM_____ _________________________________________________________________ Acting Chairperson, Rohnert Park Planning Commission Attest: ________________________________ Clotile Blanks, Recording Secretary