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2009/04/14 City Council Resolution 2009-37RESOLUTION NO. 2009-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE MARTIN AVENUE INDUSTRIAL CONDOMINIUM TENTATIVE MAP LOCATED AT 572 MARTIN AVE (APN 143 - 930 -038) — FILE NO. PL2008 -029. WHEREAS, the applicant, Cinquini — Passarino did submit an application for Tentative Map /Condominium Conversion on behalf of the owner Arlo Miller; WHEREAS, the Tentative Map would allow for the subdivision of the existing building into eight nonresidential, airspace condominium units coupled with separate interests in a 0.63 acre common areas contained within property identified as APN: 143 - 930 -038; WHEREAS, on March 12, 2009, the Planning Commission of the City of Rohnert Park conducted a public hearing and did unanimously approve the request for subdivision; NOW, THEREFORE, THE ROHNERT PARK CITY COUNCIL DOES RESOLVE, DETERMINE, ORDER AND FIND AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. The Council, in approving Planning Application PL2008 -029 (Martin Avenue Industrial Condominium Tentative Map) makes the following findings: 1. The proposed Tentative Map is 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 the Municipal Code. The Tentative Map is consistent with the "Industrial" General Plan designation and as conditioned will comply with the Municipal Code; (the project site is not located within a Specific Plan area). 2. The site is physically suitable for the type of development. The site is currently developed with an industrial building and is not planned to be modified as a part of this project. The site will continue to be physically suitable to support the development. 3. The site is physically suitable for the proposed density of development. The site is currently developed with an industrial building. The intensity of development is not planned to be modified as a part of this project. The site is of sufficient size and shape and zoned appropriately ( "I -L ") to support the existing development. 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. The site of the proposed Tentative Map is developed with industrial uses and is surrounded by other industrial developments. No environmental impacts are anticipated. 5. The design of the subdivision or the type of improvements will not cause serious public health problems. The proposed subdivision of the existing buildings will not compromise public health, safety or welfare. The site is surrounded by similar developments. 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. All existing easements will remain. 7. Any proposed phases and their proposed sequence of construction are identified on the submitted map. The site is currently developed and therefore no further phasing is anticipated. Section 3. Environmental Clearance. The project is categorically exempt from the California Environmental Quality Act, pursuant to California Code of Regulations, Title 14, Section 15301 k., Existing Facilities (Class 1) which specifically exempts the subdivision of existing industrial buildings, when no physical changes are to occur which are not otherwise exempt. NOW THEREFORE BE IT RESOLVED, that the Council of the City of Rohnert Park does hereby approve Application No. PL2008 -029TM (Martin Avenue Industrial Condominium Tentative Map) located at 572 Martin Avenue subject to the following conditions of approval: 1. Expiration of Approval — Pursuant to the City of Rohnert Park Municipal Code and the Subdivision Map Act, the Tentative Map shall expire two (2) years from the date of the final discretionary action (City Council), unless prior to the expiration the Final Parcel Map is recorded or an extension of time has been requested in writing. 2. Conformance with Municipal Code and Other Agency Plans — All improvements shall comply with all applicable sections of the City of Rohnert Park Municipal Code and any other applicable relevant plans of affected agencies. 3. The approval is based on the Martini Avenue Industrial Condominium Tentative Map as submitted to the Department of Community Development and date stamped received January 16, 2009. 4. Planniniz. Prior to Final Map recordation, the following items shall be completed: a. The applicant shall demonstrate that 2 bicycle parking spaces have been installed as required by the Zoning Code § 17.16.090 Bicycle Parking. b. Pursuant to the original conditions of approval that have not been satisfied, the applicant shall remove the outdoor storage located at the east end of the building and relocate the two parking spaces farther south so that the entry point of each of the two parking space is parallel with the building. c. A document shall be recorded that secures reciprocal access and parking easements with the adjacent property located at 566 Martin Avenue. 5. Engineering/Public Works. Prior to the approval of the Final/Parcel Map: a. Submit the proposed map to the City Engineer for review and approval along with a preliminary title report (prepared within the most recent three months), closure calculations (including calculations for establishing building footprints within the subdivision) and supporting map documentation. b. Show on the map all proposed common areas, all existing and proposed public /private easements within the subdivision. c. The applicant shall form a Condominium Owners' Association with prepared Covenants, Conditions & Restriction's (CC &R's) that address the common (joint) ownership and maintenance obligations of structures, parking lots, utilities, shared private fire hydrant, on- site and off -site easements and access ways which are in favor of the proposed subdivided property. d. The applicant shall prepare, submit for city review /approval and execute a Private Maintenance Agreement/Declaration with the adjacent property owner to address the ownership, operation and maintenance of the existing private water system serving the onsite fire hydrants. The agreement/declaration shall be recorded and referenced on the map, prior to approval of the final/parcel map. e. The CC &R's shall include language which gives the City of Rohnert Park the right(s) to access, maintain, repair and replace the areas within the existing 10 -foot Public Storm Drain easement without obligating the City to act on those right(s). Specifically, the CC &Rs shall contain language, subject to City approval, which provides that: i. An acknowledgement of the existence of the aforementioned easement; ii. The Owners Association shall maintain the surface areas of the aforementioned easement; and iii. City's has the right to approve any provisions in the CC &Rs which reflect the City's rights and/or obligations. f. The final Parcel Map, Declaration(s) and CC &R's shall include statements to the effect that any future Industrial Waste type uses /disposers occupying the condominium units will be required to install discharge mitigation measures, such as grease /sand interceptors on separate sanitary sewer laterals. g. The final Parcel Map, Declaration(s) and CC &R's shall include statements to the effect that the City encourages water conservation and this property is currently (at the time of the industrial condominium tentative subdivision, February 2009) served by a single separate water meter. Separate water meters, serving individual condominium units, may be required by the City at the time a permit or other entitlement concerning the project is sought. h. The Proposed 17' Access Easement in favor of (I.F.O.) each adjacent property shall be conveyed by a separate document and referenced on the Final/Parcel Map. The existing sanitary sewer lateral shall be inspected and Tested pursuant to Rohnert Park Municipal Code section 13.26.050 A. 3. & 4. The inspection & testing shall be performed by the project proponent and include, at a minimum, a Television (TV) Camera inspection recording pursuant to City of Rohnert Park Manual of Standards STD -530. Any sewer lateral sections failing the required test shall be repaired by means acceptable to the City Engineer, which may be replacement of the lateral or other alternate means not involving replacement. 6. Building Department a. The project shall comply with California Plumbing Code ( "CPC "), section 412.1- Fixture Count which requires that plumbing fixtures be provided for the type of building occupancy and in the. minimum number shown in Table 4 -l. Each unit shall have a toilet facility or have access to a common area toilet facility. b. The applicant shall obtain an electrical permit from the Building Division of the Community Development Department that includes, but is not limited to, wire size, conduit size, one -line diagrams showing panels and grounding methods, load calculations and panel schedules. The plans shall be prepared by a CA licensed electrical engineer or by the licensed electrical contractor performing the required work pursuant to the 2007 California Electrical Code ( "CEC') as follows: i. Each newly created parcel shall comply with CEC requirements for access to the electrical service disconnects and over - current protection devices. ii. A multiple occupancy building shall comply with CEC Article 230.72, (C) Access to Occupants which requires the provision that each occupant have access to the occupant's service disconnection. iii. Each occupant shall have ready access to all over - current devices protecting the conductors which supply power to that occupant. The circuits that serve the common areas must provide accessibility to building personnel who maintain the common areas at all times. CEC Article 240.24, (B) Occupancy. NOW THEREFORE BE IT RESOLVED, that the City Council does hereby approve said application for Martin Avenue Industrial Condominium Tentative Map. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 14th day of April, 2009. . tag City LIFORNtp BELFORTE: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE BREEZE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)