2010/07/29 City Council Resolution 2010-84RESOLUTION NO. 2010 -84
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK, CALIFORNIA,
APPROVING THE SITE PLAN & ARCHITECTURAL REVIEW
FOR A WALMART EXPANSION
LOCATED AT 4625 REDWOOD DRIVE, ROHNERT PARK, CA
WHEREAS, the applicant, PACLAND on behalf of Wal -Mart, Inc., filed Planning
Application No. PL2009- 02SR/EIR Site Plan and Architectural Review /Environmental Impact
Report to allow the expansion of the Walmart store located at 4625 Redwood Drive (APN 045-
055 -014) ( "Project "), in accordance with the City of Rohnert Park Municipal Code ( "RPMC ");
WHEREAS, Planning Application No. PL2009- 02SR/EIR was processed in the time and
manner prescribed by State and local law;
WHEREAS, public hearing notices were mailed to all property owners within a 300 -foot
radius of the subject property and to all agencies and interested parties as required by California
State Planning Law, and a public hearing was published for a minimum of 10 days prior to the
first public hearing in The Communi . Voice;
WHEREAS, on April 22, 2010, the Planning Commission reviewed Planning
Application No. PL2009- 02SR/EIR during a scheduled public hearing, at which time interested
persons had an opportunity to testify either in support of or opposition to the Project;
WHEREAS, on April 22, 2010, the Rohnert Park Planning Commission did not approve
Planning Application No. PL2009- 02SR/EIR;
WHEREAS, on May 4, 2010, Sheppard Mullin Richter & Hampton on behalf of Wal-
Mart Stores, Inc., filed an appeal of the Planning Commission's decision;
WHEREAS, the City Council of the City of Rohnert Park held a duly noticed public
hearing on July 29, 2010, to consider the appeal of the Planning Commission's decision; and
WHEREAS, at the July 29, 2010 City Council meeting, upon hearing and considering all
testimony and arguments of all persons desiring to be heard, the City Council considered all the
facts relating to Planning Application No. PL2009- 02SR/EIR.
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK FINDS, DETERMINES AND ORDERS AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findings. The City Council makes the following findings, determinations
and recommendations with respect to Planning Application No. PL2009- 02SR/EIR:
Page 1 of 2
1. The EIR and Mitigation Monitoring and Reporting Program (MMRP) for this Project
were prepared and circulated for public review and comment in accordance with the
requirements of the California Environmental Quality Act (CEQA) and the State CEQA
Guidelines.
2. With proper implementation of the proposed mitigation measures, the Project is not likely
to cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
3. The Project, as proposed and with recommended conditions and mitigation measures,
will be consistent with the General Plan and Zoning Ordinance.
4. The Project's general appearance is compatible with existing development and enhances
the surrounding neighborhood (RPMC §17.25.033).
5. The Project incorporates a variation from adjacent onsite and offsite structures in height,
bulk and area; arrangement on the parcel; openings or breaks in the fagade facing the
street; and/or the line and pitch of the roof (RPMC § 17.25.033).
6. The Project will be located and oriented in such a manner so as to provide pedestrian,
bicycle and vehicle connections with adjacent properties, as appropriate, and avoids
indiscriminate location and orientation (RPMC §17.25.033).
BE IT FURTHER RESOLVED that the City Council does hereby approve Planning
Application No. PL2009- 02SR/EIR subject to the Conditions of Approval described in Exhibit
A to this resolution.
DULY AND REGULARLY ADOPTED on this 29th day of July, 2010.
CITY OF ROHNERT PARK
BELFORTE: AYE BREEZE: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
Page 2 of 2
GENERAL
Exhibit A
to Resolution No. 2010 -84
Recommended Conditions of Approval
RECOMMENDED CONDITIONS OF APPROVAL
The developer shall comply with all mitigation measures as specified in the
Rohnert Park Walmart Expansion Project Final Environmental Impact Report
(FEIR) and Mitigation Monitoring and Reporting Program (MMRP).
2. All environmental document filing fees shall be paid in full within 5 days of
application approval. Department Fish & Game environmental review fees
shall be included in the total amount due.
3. The expansion project is subject to the Public Facilities Financing Plan fees.
Payment of applicable fees shall be made prior to issuance of the building
permit through the Development Services Department.
4. The applicant's signature on the Acknowledgement page attached to the staff
report shall be deemed to be acceptance by the applicant of all Conditions of
Approval.
5. In the event the Conditions of Approval of this Site Plan and Architectural
Review conflict with any part of the Site Plan and/or associated documents or
a purported conflicts exists due to an omission in the Site Plan and/or
associated documents, these Conditions of Approval shall be deemed
controlling.
6. Applicant shall defend (with - counsel approved by City, which approval is not
to be unreasonably withheld), indemnify, and hold harmless the City, its
officials, employees, volunteers and agents from and against any and all loss,
liability, expenses, claims, .costs (including reasonable attorneys fees), suits
and damages of every kind, nature, and description, directly or indirectly
arising from any third party legal challenge to the Project approvals.
PLANNING
ARCHITECTURAL DESIGN
7. All site improvements shall be shown on the improvement plan. The
improvements shall substantially conform to the approved Site Plan.
All building colors shall be consistent with the paint scheme presented in
Exhibit 8 and approved by the Planning Commission.
PUBLIC ART
9. The applicant shall pay in -lieu fees to the City's public art fund equal to one
percent of the total project valuation. This fee shall be paid at the time of
building permit issuance (RPMC Sec. 17.18.030).
PARKING & CIRCULATION
10.. The truck circulation route shall remain as shown on Truck Ingress - Egress
Route exhibit (Exhibit 6) until such time as roadway improvements are made
to Wilfred Ave. and Dowdell Ave. At that time, upon notification from the
City, Walmart shall change their truck delivery route to access their delivery
areas from Dowdell via Wilfred Ave.
11. Provisions shall be made for no less than two preferential parking spaces for
those employees who participate in carpooling or van pooling and submitted
for review by Planning. Spaces shall be located on the southeast side of the
building.
12. All parking and internal circulation of vehicles shall conform to the
minimum standards regarding off street parking and loading and unloading
of vehicles as required by the City's Zoning Ordinance.
13.. No more than 10 percent of the parking required by the City's Zoning
Ordinance may be made up of compact spaces (RPMC § 17.16.050).
14. Onsite parking facilities shall provide parking spaces for the handicapped in
accordance with the California Administrative Code Title 24 and sign
requirements of the California Vehicle Code Section 22507.8 (RPMC
§ 17.16.060).
15. Any diesel trucks waiting, loading and unloading construction materials and
store goods must shut off idling engines after 5 minutes..Signs shall be
posted at dock areas alerting drivers of this requirement.
16. The parking lot shall not be used for outdoor open sales displays.
Exceptions may be granted for special outdoor events as provided for in
Chapter 17.06 of the Zoning Ordinance.
17. The applicant. shall install the required number of bicycle parking spaces in
accordance with the Zoning Ordinance (RPMC § 17.16.140). The applicant
shall install bicycle racks that conform with the City's adopted bicycle
parking standards (inverted U).
2
SIGNAGE
18. Signage shall be installed according to the applicant's sign program
application as modified, if necessary, and approved by the City.
19. The proposed signage on the west elevation of the retail store shall not be
illuminated.
LIGHTING
20. Full lighting plan shall be submitted Planning for review and approval prior
to issuance of building permit.
21. All lighting, reflective surfaces or any other sources of illumination shall be
utilized in a manner that minimizes glare on public streets or on any other
parcel.
22. Lights shall be of the minimum illumination necessary to perform operations
and provide for safety and security.
21 The lighting shall be directed downward and shielded at the property line so
as not to be directly visible from nearby residences (RPMC § 17.12.050).
PARKS, TREES AND LANDSCAPING
24. Landscape plans shall be prepared by a licensed landscape architect as
specified in RPMC §17.14.080 and RPMC § 17.16.100. The final landscape
and irrigation plans shall be submitted concurrently with architectural,
structural and civil engineering building plans when a building permit is
requested. No building permit shall be issued until final landscape and
irrigation plans have been reviewed and approved by Planning (RPMC
§ 17.14.080C).
25. The landscaping plan for the proposed parking lot expansion shall be in
accordance with RPMC as it pertains to parking lot landscaping recognizing
the minimum ratios in relation to the consecutive parking space criteria.
26. All landscaping shall be constructed in accordance with the state Water
Efficient Landscaping Ordinance and shall include rain sensors, controllers, a
minimum of 24 -inch setback on overspray, drip irrigation and plants which
require low water use. Compliance shall include a landscaping and irrigation
plan, location, variety, irrigation, usage calculations, and other information as
required. The plan shall be submitted and reviewed by the Development
Services Department or designee. All costs for review of the requirements of
the state Ordinance shall be borne by the Applicant. All landscaping and
irrigation shall be completed prior to the issuance of a Certificate of
Occupancy.
27. Landscaping shall be maintained in weed and litter free condition at all times.
SCREENING OKMECHANICAL EQUIPMENT
28. All exterior mechanical equipment shall be screened from public view and
from the view of adjacent properties. Equipment to be screened includes but
is not limited to, heating and /or air conditioning units, water tanks, valves,
back flow protection devices, solar and photovoltaic panels, and
transformers. Screening materials may be solid concrete, wood or other
opaque material or a combination of fence /wall and landscaping and shall
effectively screen mechanical equipment so that it is not readily visible from
the public right -of -way (RPMC § 17.12.120).
29. The loading and pallet docks and pallets storage areas at the rear of the
building shall be architecturally screened and concealed from all adjacent
properties, roadways, customer parking lots with the exception of employee
parking, as previously conditioned in the February 26, 1991 approval of the
Walmart project.
30. Semi- trucks and/or trailers shall not be stored on the site. Storage shall be
defined as 'a period of time greater than 24 hours.
TRASH ENCLOSURES (SEE RPMC §17.12.130)
31. The applicant shall continue to implement trash enclosure requirements as
specified in §17.12.130 of the Zoning Ordinance.
RECYCLING
32. Recycling shall be conducted in accordance with accepted practices as
directed by Sonoma County Waste Management Agency.
33. The applicant shall comply with AB 2449 that requires retailers to provide
consumers with a bag reuse opportunity by providing reusable bags that may
be purchased and used in- lieu of disposable ones.
34. The applicant shall provide waste and recycling receptacles near the store
entrance for use by patrons. Containers shall be regularly emptied, serviced
and maintained in an orderly fashion.
PROPERTY MAINTENANCE STANDARDS
35. The property shall be maintained in good order. This shall include litter
management and timely repair and maintenance of all structures, fences,
4
signs, walks, driveways, lawns, landscaping, painting, etc., as may be
necessary to maintain good order (RPMC § 17.12.140).
36. The applicant shall ensure carts are regularly collected from offsite locations.
BUILDING
37. The project shall comply with the most recent editions of the California
Building Standards Codes (California Code of Regulations — Title 24) in
effect at the time of plan check submittal.
38. All new structures shall comply with the requirements of the Americans with
Disability Act and Title 24 California Disabled Access compliance for
buildings,. parking and site access.
39. No building or structure regulated by the City of Rohnert Park shall be
erected, constructed, enlarged, altered, repaired, moved, improved, removed,
converted or demolished unless a separate permit for each building or
structure has been obtained from the Development Services Department.
40. On site construction signage (temporary) regarding hours of operations,
waste removal, construction vehicle egress and ingress and daily clean up
rules shall be posted prior to commencement of-construction.
41.. Construction and operational noise levels shall comply with the Rohnert Park
Municipal Code not to exceed 70 dBA measured at the property line any time
between 7 a.m. and 7 p.m.; noise levels shall not exceed 50 dBA measured
at the property line between the hours of 7 p.m. and 7 a.m. Exceptions may
include noise up to 75 dBA that is produced for no more than a cumulative
period of five minutes during any hour OR up to 80 dBA that is produced for
no more than a cumulative period of one minute during any hour between 7
a.m. and 7 p.m. (RPMC § 17.12.030).
42. Roof top addressing shall be required prior to Certificate of Occupancy.
Rooftop addressing shall be visible from airborne safety equipment at
minimum height distances. An exhibit for roof top addressing shall be
submitted to Development Services Department for approval and shall
include the following:
• Only address numbers shall be placed on the roof unobstructed from view
from the air
• The numbers need to be read from approximately 500 feet or more
• A highly visible color of paint shall be used and be in contrast with the
roof color
5
• The numbers shall be at least 3 feet tall, 2 ft. wide and spaced a minimum
of 9 inches apart. The width of the brush stroke shall be a minimum of 6
inches.
• The numbers shall be placed on roof oriented to the street.
43. A plan for construction staging including goods and on -site trailers shall be
submitted to the Development Services Department for review and approval
prior to start of construction.
44. The developer shall be responsible for all actions of his contractors and
subcontractors until such time as the improvements have been accepted by
the City.
45. All new or altered exterior site lighting, including any electrical signage,
shall comply with all applicable provisions of the 2008 California Building
Energy Efficiency Standards.
46. Any temporary outdoor seasonal sales in the parking lot shall be located so as
not to block or hinder access to any ADA required accessible route of travel
located in the parking lot.
'47: All alterations and new construction where a permit is required shall comply
with the City of Rohnert Park Green Building Ordinance specified in
Municipal Code Chapter 14.50. Applicant shall comply with self-
certification requirements for project type and tier per 14.50.020 of the
Municipal Code.
ENGINEERING
PLAN CHECK.
48. The plans submitted with the Building Permit application shall be reviewed
and approved by the Development Services Department. Plan review and
inspection fees incurred by the City for administration of the permit shall be
paid by the project applicant..
GRADING
49. The following shall be submitted to the City Engineer for approval, prior to
issuance of a grading permit:
a. A grading and drainage plan, which shall be designed to meet the
requirements of the City of Rohnert Park Municipal Code and City
Standards. Plans shall include provisions for permanent erosion and
sediment control. Estimated quantities of excavation and embankment
shall be noted on the plans.
b. A temporary erosion and sediment control plan. If grading will not be
completed by October 15 or is scheduled to start prior to April 15, a
winterization plan shall be included, with the developer responsible for
implementation and maintenance of the winterization plan.
c. Proposed water, wastewater, and utility improvements.
d. Two (2) copies of the SWPPP Monitoring Program and Inspection Plan.
e. Drainage calculations prepared in accordance with the. City of Rohnert
Park Municipal Code and City Standards.
f. Engineer's estimate by the City of probable construction cost of offsite
improvements.
g. Plan check fees.
50. All grading performed shall conform to Appendix J of the 2007 California
Building Code; the Rohnert Park Municipal Code, and as recommended in
the.TRC Geotechnical Investigation with review and approval by the City
Engineer.
51. Onsite grading shall be limited to the locations shown on the approved plans
or on subsequent approvals by Development Services Department. All
grading shall. be suspended when winds reach 20 miles per hour or greater.
52. It is the contractor's responsibility to use watering, dust fences, or other
methods as directed by the City, to control dust throughout the construction
operation.
53. All grading construction debris materials shall be removed and disposed of
offsite prior to any excavation or fill operations.
54. The developer or his agents or employees shall be responsible for removal
and cleanup of any spill on public streets during the entire grading operations
within two hours of occurrence and shall notify appropriate regulatory
agencies depending on the type of material discharged.
DRAINAGE
55. Surface water shall be discharged into natural or engineered offsite drainage
facilities and shall not drain off or across public or private sidewalks,
pedestrian walkways, or areas not designed as drainage facilities (RPMC
§ 17.16.090B)
56. At the end of construction, local road surfaces shall be returned to pre -
construction condition by the developer (RPMC. § 17.12.110F).
VA
CONSTRUCTION
57. All water runoff from the construction site shall be controlled. During
construction, trucks and equipment [engines] shall be running only when
necessary (RPMC § 17.12.1 l OE).
58. During project construction, the construction site and materials staging area
shall be secured by temporary fencing (RPMC § 17.12.110A).
59. All portions of the construction site shall be watered as necessary to reduce
emissions of dust and other particulate matter and all stockpiles shall be
.covered. Public streets shall be kept dirt-free to the satisfaction of the City
Engineer (RPMC § 17.12.110B).
60. All construction and transport equipment shall be muffled in accordance with
state and federal laws and regulations, and the noise standards of this chapter.
Construction and transport equipment shall be operated so as to minimize
exhaust emissions (RPMC § 17.12.110C).
OPERATIONS
61. The applicant shall comply with the standard conditions as outlined in its
Wastewater Discharge Permit Application.
62. The use, handling, storage and transportation of solid and liquid waste
materials, including hazardous waste, shall comply with the provisions of the
California Hazardous Materials Regulations and any other. applicable laws..
Discharge at any point into a public or private sewage disposal system,
stream or the ground, of any material that could contaminate any water
supply or otherwise cause the emission of dangerous or offensive elements is
prohibited. No exceptions will be allowed unless in accordance with
regulations, licenses or -approvals of the various local and state agencies
having jurisdiction over such activities (RPMC § 17.12.090).
63. The applicant shall apply and obtain an Industrial Waste Discharge permit
for sewage from City of Santa Rosa.
PUBLIC SAFETY
64. The project shall comply with all applicable provisions of the 2007
California Fire Code, the 2007 California Building Code, the City of Rohnert
Park Fire Division Code Ordinance #793, NFPA 13 and NFPA 72.
65. The final improvement plans shall be reviewed, approved, and signed by the
Director of Public Safety or his designee, for compliance with the Uniform
Fire Codes, fire flow gallons per minute requirements, the number /type of
fire hydrants and their location.
66. The final improvement plans shall be reviewed, approved, and signed by the
Director of Public Safety or his designee for compliance with public safety
and emergency access.
67. The project applicant shall obtain Fire permits for the Fire Sprinkler System,
Fire Alarm modifications, Fire Civil underground review, and possible Hood
and Duct suppression systems. The permit applications and permit fees shall
be submitted to the Director of Public Safety or his designee prior to
commencement of construction on any of these systems.
68. The relocation of the existing fire hydrants, spacing and fire flow shall be
evaluated and approved by the Director of Public Safety or his designee to
ensure adequate coverage.
69. Relocation of existing fire protection systems (Department of Public Safety
connections) and fire hydrants on adjoining parcels shall be at the expense of
the applicant, if required.
70. Emergency vehicle access to /from adjoining streets and parking lot shall be
maintained. This shall include designated fire lanes, adequate turning radius
(20 -foot inside radius; 40 -foot outside radius), and overhang and tree
proximity and height.
71. The storage, use, transportation or production of products that, either in a raw
or finished state, constitute a fire hazard as defined by. the Director of Public
Safety and shall be subject to the fire codes and approval of the department.
Department of Public Safety personnel may, without prior notice, visit and
observe operations onsite and any directives issued by Department personnel
shall be satisfied in a timely manner (RPMC § 17.12.080)..
72. In conjunction with an application to any change in Wal -Mart's current
license with the State Department of Alcohol Beverage Control, the applicant
shall apply to the Department of Public Safety for a revised alcohol sales use
permit and maintain this yearly permit at all .times alcohol will be sold or
served in accordance with Municipal Code Chapter 8.34
9
ACKNOWLEDGMENTS
As the authorized representative for Walmart Stores, Inc. I hereby acknowledge and
accept these Conditions of Approval.
Walmart Representative Date
10