2008/04/22 City Council Resolution 2008-64RESOLUTION NO. 2008-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
APPROVING A TENTATIVE MAP (LANDS OF PROFESSIONAL CENTER LLC, ET
AL) LOCATED AT 150 AND 170 PROFESSIONAL CENTER DRIVE ( "PROPERTY ");
ASSESSOR PARCEL NUMBER: 143 -021 -061 (PLANNING FILE NO. PL2007 -028)
WHEREAS, on October 18, 2007, the applicant, Steven LaFranchi and Associates
submitted an application for Tentative Map on behalf of the owners of the Property, Professional
Center LLC., et al.;
WHEREAS, the Tentative Map would allow for the subdivision of the two existing
buildings into 15 nonresidential, airspace condominium units coupled with separate interests in
common areas contained within property identified as APN: 143 - 021 -061; and
WHEREAS, on March 13, 2008, the Planning Commission of the City of Rohnert Park
conducted a public hearing and unanimously approved 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 PL2007 -028TM
(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 two large industrial /commercial buildings which are 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 two large industrial /commercial buildings. 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 /O) 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 /commercial uses and is
surrounded by other industrial /commercial 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
commercial and 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. PL2007 -028TM (Tentative Map) for the proposed
Professional Center Condominium Conversion located at 150 and 170 Professional Center Drive
subject to the following conditions of approval:
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 this
Resolution, unless prior to such contemplated expiration the Final Parcel Map is recorded or
an extension of time has been requested in writing and granted by the City of Rohnert Park.
2. The approval is based on the Tentative Map as submitted to the Department of Community
Development and date stamped received October 18, 2007.
3. Planning. Prior to Final Parcel Map recordation, the following items shall be completed:
a. The applicant shall replace the front gates of the existing trash enclosures.
b. The applicant shall provide a disclosure to any future owner that improvements to their
tenant space may trigger compliance with the Americans with Disabilities Act ( "ADA ")
c. The applicant shall provide a minimum of 10 bicycle parking spaces on the project site.
d. The applicant shall complete the sign program application (PL2007- 008SR) so that
processing may proceed.
4. En in�ng Public Works.
a. The City operates on a cost recovery basis and the project proponent shall reimburse all
costs, including contract review services, incurred by the City for review and approval of
the Final Parcel Map.
Prior to the approval of the Final Parcel Map:
b. 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.
c. Show on the map all proposed common areas labeled as Parcel A, Parcel B, etc., and all
existing and proposed public /private easements within the subdivision.
d. The applicant shall form a Condominium Owners' Association with prepared Covenants,
Conditions & Restrictions (CC &Rs) that address the common ownership and
maintenance obligations of structures, parking lots, utilities, on -site and off -site
easements and access ways.
The CC &Rs shall include language which gives the City of Rohnert Park the right(s) to
access, maintain, repair and replace the areas within the existing easements without
obligating the City to act on those right(s) as described in Official Records, Document
No. 87- 092698 at the Sonoma County Recorder's Office. Specifically, the CC &Rs shall
contain language, subject to City approval, which provides: (i) an acknowledgement of
the existence of the aforementioned easements; (ii) an acknowledgment that the City does
not own or operate a well in the easements; (iii) the Owners Association shall maintain
the surface areas of the aforementioned easements until such time City, in its sole
discretion, elects to install a well in the easements; and (iv) City's right to approve any
provisions in the CC &Rs which reflect the City's rights and/or obligations.
f. The locations of the two existing storm drains shown on the Tentative Map as being
located beneath proposed Units 1 and 10 shall be addressed by the applicant in a
declaration, subject to City's approval, which acknowledges the location of the storm
drains and provides that applicant accepts full responsibility for any and all damages in
any way related to and from the storm drains.
g. The existing storm drain easement shown on the Tentative Map (in the area of easement
"E9 ") shall be addressed in the CC &Rs as to ownership, maintenance rights and
obligations of the easement to the satisfaction of the City of Rohnert Park Public
Works/Engineering Department.
h. The applicant shall submit Improvement Plans to the City Engineer for review and
approval. The improvements required are based on review of archived plans on file with
the City of Rohnert Park Engineering division, prepared by Morton Technologies, Inc.
for Western Business Park Parcel 2A, Record Drawing, and dated 6/15/87. All
improvements shall be installed in accordance with current City Standards including, but
not limited to:
i. Payment of all applicable fees.
ii. Installation of individual irrigation waters meters for each existing irrigation system.
iii. Inspection of existing sanitary sewer lateral and necessary repairs or replacements,
subject to City review and approval.
iv. Removal of the existing redwood cover on the storm drain junction box located in the
south west area of the site and design and install a concrete structure and inlet.
i. Applicant acknowledges that in accordance with Sections 16.12.080 E., 16.16.040 &
16.10.180K of the Rohnert Park Municipal Code, applicant may be required to enter into
a Subdivision Improvement Agreement and post the required bonds and insurance or
construct the required improvements set forth in 4(h), above, prior to City's approval of
the Final Parcel Map.
j. The Final Parcel Map, Declaration(s) and CC &Rs 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.
k. The Final Parcel Map, Declaration(s) and CC &Rs shall include statements to the effect
that the City encourages water conservation and the project property is currently (at the
time of the commercial condominium tentative subdivision, February 2008) served by
two separate water meters, one for each building site. 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.
NOW THEREFORE BE IT RESOLVED, that the City Council does hereby approve
said application for Tentative Map.
DULY AND REGULARLY ADOPTED on this 22"d day of April, 2008.
CITY OF ROHNERT PARK
i
ATTEST:
APPROVED AS TO FORM: c FoRi4
Assn. C' Attorney
BREEZE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)