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2010/07/29 City Council Resolution 2010-85RESOLUTION NO. 2010 -85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING THE SIGN PROGRAM 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. PL2010 -08SR Sign Program seeking approval of 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. PL2010 -08SR 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 State law, and a public hearing was published for a minimum of 10 days prior to the first public hearing in The Community Voice; WHEREAS, on April 22, 2010, the Planning Commission reviewed Planning Application No. PL2010 -08SR during scheduled public hearings 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. PL2010 -08SR; 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. PL2010 -08SR. 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 the Planning Application No. PL2010 -08SR Sign Program: Page 1 of 2 1. The proposed location of the Project is in accordance with the objectives of the applicable provisions of the RPMC and the purposes of the district in which the signs are located (RPMC §17.27.030). 2. The proposed location of the signs and the conditions under which the signs would be operated and maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity (RPMC §17.27.030). 3. The proposed signs are in substantial conformance with the applicable provisions of the RPMC (RPMC § 17.27.030). BE IT FURTHER RESOLVED that the City Council does hereby approve Planning Application No. PL2010 -08SR Sign Program subject to the following Condition of Approval: 1. Signage shall be installed according to the applicant's sign program application as modified, if necessary, and approved by the City. 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