2000/06/13 City Council Resolution (6)RESOLUTION NO. 2000-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, INTERPRETING LAND USE STANDARD #12 OF THE GENERAL
PLAN AND APPROVING A VARIANCE TO SECTION 17.08.010 OF THE ROHNERT
PARK MUNICIPAL CODE AND SITE PLAN AND ARCHITECTURAL APPROVAL
FOR THE EXPANSION OF AN EXISTING CARPET SHOWROOM AT 5879
COMMERCE BOULEVARD
(Robert Sevenau /Rugworks)
WHEREAS, the applicant, Superior Storage II, LLC, has submitted applications for a
General Plan Amendment, Variance, and Site Plan and Architectural Review for the property
located at 5879 Commerce Boulevard in accordance with the City of Rohnert Park Municipal
Code;
WHEREAS, the Planning Commission reviewed the Initial Study prepared for the
project; determined the project would not have a significant effect on the environment and
accordingly directed staff to prepare a Negative Declaration; and has otherwise carried out all
requirements of the California Environmental Quality Act;
WHEREAS, pursuant to California State Law, public hearing notices were transmitted to
all property owners within a 300 foot radius of the subject property and a public hearing was
published for a minimum of 20 days prior to the first public hearing in the Press Democrat;
WHEREAS, on May 11, 2000, 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,
WHEREAS, on June 13, 2000, the City Council held a public hearing at which time
interested persons had an opportunity to testify either in support or opposition to the proposal;
and,
WHEREAS, the Planning Commission and the City Council of the City of Rohnert Park
have reviewed and considered the information contained in the Initial Study, Negative
Declaration, General Plan Amendment, Variance, and Site Plan and Architectural Review
applications for the proposal; and
WHEREAS, the City Council of the City of Rohnert Park makes the following findings:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
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Section 2. Findings. The City Council, in approving Planning Application No. 1863:
makes the following findings, to wit;
General Plan Amendment 1863
The City Council concurs with the Planning Commission in determining that Standard #12 of the
Land Use Element of the General Plan would not apply to this project, therefore the requested
General Plan Amendment is not needed.
Variance 1863
1. That strict or literal interpretation and enforcement of the specified regulation would
result in practical difficulty or unnecessary physical hardship inconsistent with the
objectives of the Zoning Ordinance.
Due to the unusual triangular shape of the site, which requires a minimum 15 -foot front
yard setback, strict enforcement of the rear yard setback requirement would reduce the
allowable building envelope by approximately 580 square feet. Furthermore, the
resulting building footprint, which must be staggered due to the aforementioned frontyard
setback requirement, would be unduly constrained if the 20 -foot required rear yard
setback were maintained.
2. That there are exceptional or extraordinary circumstances or conditions applicable to
the property involved or to the intended use of the property that do not apply generally to
other properties classified in the same zoning district.
The site is of a triangular shape that is uncommon along this thoroughfare and generally
not found in this district. It is also situated adjacent to the Highway 101 right -of -way,
therefore the need for a larger rear yard setback for buffering does not apply to this
property.
3. That strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties classified in
the same zoning district.
The lot coverage of the existing building is roughly 19 percent, which is well below the
60 percent maximum allowed by the M -L District and the 30 -35 percent assumed by the
General Plan for industrial properties. Due to the triangular shape of the property, the
strict application of the rear yard setback requirement would severely limit the applicant's
ability to increase the building footprint. Other property owners with more traditionally
shaped rectangular lots would not have such a limitation and could achieve coverages
closer to those permitted by the zoning ordinance and the General Plan.
4. That the granting of the variance will, not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same zoning district.
The triangular shape of the lot limits the ability of the applicant to fully develop the
property. This is the only lot that is so restricted in the vicinity and generally within the
district, therefore the variance would not constitute a special privilege for the applicant.
S. That the granting of the variance will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
The reduced rear yard setback would not negatively impact the public health, safety, or
welfare or be materially injurious to area properties. The proposed reconfiguration of the
site, which the variance allows, would be beneficial to the City in that it would correct the
substandard parking and loading/unloading situation of the existing property.
Architectural and Site Plan Review 1876:
1. That the development's general appearance is compatible with existing development and
enhances the cityscape.
The proposed addition would continue the look of the existing building, albeit with
additional roofline variations, a staggered front elevation, and additional windows that
would enliven the design.
2. That the development incorporates a variation from adjacent 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.
The addition would include a series of gabled roofs, a staggered front elevation, and
windows that would be an improvement upon the existing building.
3. That the development incorporates a variation in materials from directly adjacent
structures.
The proposed addition would utilize the same materials as the existing building. This is
appropriate, in that the addition should appear as an extension of the existing building
and not as a separate development.
4. That the development will be located and oriented in such a manner so as to provide
consistent relationships and avoid the chaos which results from indiscriminate location
and orientation.
The proposed arrangement of buildings and access will adequately allow trucks, cars, and
people to move freely through the site. The reconfigured site plan will be an
improvement to the existing site layout in that it will formalize the customer parking area
and create a more efficient path for the loading and unloading of delivery vehicles.
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Environmental
1. An Initial Study was prepared for the project, and on the basis of substantial evidence in the
whole record before the Council, there is no substantial evidence that the project will have a
significant effect on the environment, therefore a Negative Declaration will be approved
which reflects the lead agency's independent judgement and analysis. The record of the
proceeding on which this decision is based shall be maintained by the Planning Director in
the City of Rohnert Park Planning Department.
2. The project would not result in an impact to endangered, threatened or rare species or their
habitats, including but not limited to plants, fish, insects, animals and birds. There are no
native species or plants, no unique, rare, threatened, or endangered species of plants, no
sensitive native vegetation on or adjacent to the site. Further, there is no indication that any
wildlife species exist, or that the site serves as a migration corridor. A DeMinimus impact
finding can be made for this project.
Section 3. Environmental Clearance. An Initial Study was prepared for this project
and indicates that the project will not have a significant effect on the environment, and
accordingly a Negative Declaration, therefore, is hereby adopted.
NOW THEREFORE BE IT RESOLVED, that the City Council does hereby approve
Planning Application No. 1863: Architectural and Site Plan Review, subject to the following
conditions:
1. Expiration of Approval — Pursuant to the City of Rohnert Park Municipal Code, the
Architectural and Site Plan approval shall expire one year from the Planning Commission
approval date, unless an extension is requested and approved.
2. Conformance with Municipal Code and Other Agencv 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 applicant shall obtain all necessary permits and clearances from the Rohnert Park
Building and Public Safety Departments prior to commencement of the operation at this
location.
4. Site Plan and Building Elevations
a. The applicant shall work with the City to purchase, lease or otherwise secure the use
of a portion of the adjacent City property for development with a new customer
.parking area. If the applicant is unsuccessful in obtaining such purchase, lease or
other agreement, this approval shall no longer be in effect and the project will have
to be redesigned accordingly. Such a redesigned project would be subject to review
and approval by the Planning Commission and the City Council.
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b. All improvements shall be in substantial conformance with approved Site Plan,
Exterior Elevations/Floor Plan, and Colored Elevations & Materials samples, except
as modified herein.
Handicapped parking shall be provided in accordance with the latest ADA
requirements.
d. Adequate space and racks for bicycle parking shall be provided.
e. All roof - mounted mechanical equipment shall be concealed so as not to be visible
from public view through the use of a parapet that extends around the entire roof and
that is of sufficient height to screen all views of the equipment.
f. The building shall utilize illuminated address signs that can be clearly read from the
adjacent rights -of -way.
g. The project shall comply with the City's fire sprinkler system ordinance for both the
existing building and the new addition.
h. The customer parking lot on the City -owned property shall be shifted 6 feet to the
south. A pedestrian walkway shall be installed along the southerly edge of this
parking lot to connect with the proposed walkway to the building entrance.
i. The applicant will be required to make full street improvements along the portion of
the property frontage running from the southeasterly corner of the site to a transition
point that is north of the center driveway. These improvements are to include, but
are not limited to, street widening, curb, gutter, and sidewalk. In addition, the
proposed curb cuts shall not exceed City standards for commercial driveways.
j. The applicant shall lower the sewer manhole in the frontage area to grade.
k. The applicant shall submit improvement plans and construct, at his cost, the required
improvements to the drainage system within the easement along the westerly side of
the property (i.e. underground the drain line). As a result, the easement may be
decreased in width to 10 feet. The improvement plans shall show the topography
and storm drain design for the project site.
1. The existing building must be brought into conformance with Chapter I 1 of the
California State Building Code. Required improvements include handicapped
accessibility, fire resistant construction, handicap parking, etc.
5. Landscape Plan
a. Prior to the issuance of any building permits, final landscape and irrigation plans
shall be submitted to and approved by the Director of Planning and Community
Development. This plan shall include replacement landscaping for the existing
"Rugworks" site as well as berming in the frontage areas and to the north of the new
customer parking area. If the landscape is not installed at the time of occupancy,
then the applicant must post a cash deposit with the City to guarantee completion of
the landscaping within 60 days of occupancy. The amount of the deposit shall be
100 percent of the total cost of the landscaping and irrigation system.
b. All trees within five feet of the public right -of -way shall have root barriers that are
approved by the Director of Planning and Community Development.
C. A permanent automatic sprinkler shall be installed to maintain all landscape
materials and areas.
6. Li ghtin
a. Prior to the issuance of any building permits, final lighting plans shall be submitted
to and approved by the Director of Planning and Community Development.
b. All exterior lighting shall be designed so as to prevent any spillover lighting to
adjacent properties and rights -of -way.
C. Roof - mounted lights are prohibited on the building if they are placed so as to
silhouette the building and roof.
d. All building entrances shall include recessed or soffit lights.
7. Signs
a. All signs shall be submitted to the Planning and Community Development
Department for review and approval.
8. Site Improvements
a. All double -check valves provided for domestic water and fire sprinkler systems shall
be concealed from any public streets and parking lots with decorative walls,
.landscaping, and mounding. Plans shall be submitted to the Planning and
Community Development Department and City Engineer for review and approval.
b. All utilities shall be placed underground.
C. Water and sewer service shall not be provided unless the City Engineer advises that
the City has ample capacity to serve the development.
d. All parking areas, driveways, and open storage areas shall be paved with asphalt
surfacing. All site work, including curbs, gutters, sidewalks and berms separating
landscape areas shall be concrete. All plans shall be prepared in accordance with
City standards and submitted to and approved by the City Engineer.
e. The on -site drainage system shall be designed in accordance with Sonoma County
Water Agency's design standards.
f. The developer shall submit a current soils report to the City Engineer for review and
approval prior to issuance of building permits.
9. Construction Mitigation
a. The developer shall ensure that a water truck is on site during construction and
grading to suppress the dust to an acceptable level.
b. The developer shall ensure that the heavy construction equipment has adequate
mufflers to lessen the noise impact.
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C. The developer shall comply with construction hours pursuant to Municipal Code
Section 9.44.120.
d. The developer shall submit to and secure approval from the City Engineer for a haul
route.
SUBJECT TO receiving written approvlandrom utilirangcompn companies on any
DULY AND REGULARLY ADOPTED on this 13thday of June , 2000, by
the City of Rohnert Park City Council by the following vote:
�/ V, C (a, 1'e, - ?H'Z�
Mayor, City of Rohnert Park
Attest:
W u
ty C. ler'
FLORES: AYE MACKENZIE: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
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