2014/08/14 Planning Commission Resolution (2)PLANNING COMMISSION RESOLUTION NO. 2014-29
A RESOLUTION OF THE PLANNING COMMISSION 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 proposing an expansion to 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 notice of public hearing was published for a minimum of 10 days
prior to the first public hearing in the Community Voice;
WHEREAS, on August 14, 2014, 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; and
WHEREAS, at the August 14, 2014, Planning Commission meeting, upon hearing and
considering all testimony and arguments, of all persons desiring to be heard, the Planning
Commission considered all the facts relating to Planning Application No. PL2009-02SR/EIR.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City
of Rohnert Park makes the following findings, determinations, and recommendations as follows:
Section 1. That the above recitations are true and correct, and material to this
Resolution.
Section 2. Findings. The Planning Commission makes the following findings,
determinations and recommendations with respect to Planning Application No. PL2009-
02SR/EIR:
1. The Draft Environmental Impact Report, Final Environmental Impact Report, Partially
Recirculated Draft Environmental Impact Report, Partially Recirculated Final
Environmental Impact Report 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. The Final Environmental Impact Report and
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Partially Recirculated Final Environmental Impact Report were properly certified and a
Statement of Overriding Considerations and MMRP were adopted by Resolution No.
2014-28 on August 14, 2014.
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 facade 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).
Section 3. The Planning Commission does hereby approve Planning Application No.
PL2009-02SR/EIR subject to the conditions of approval described in Exhibit A to this resolution
("Conditions of Approval").
Section 4. Any interested person may appeal this Resolution of the Planning
Commission to the City Council within 10 calendar days of its passage pursuant to RPMC
Section 17.25.123. Any such appeal shall be in the form provided by RPMC Section 17.25.124
and with the payment of the fee established by the City.
DULY AND REGULARLY ADOPTED on this 14`h day of August by the City of
Rohnert Park Planning Commission by the following vote:
AYES: � NOES: " ABSENT: ABSTAIN:
V,
V
ADAMS BLANQUIE_ BORBA l GIUDICE Y. HAYDON_
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Attest:
Susan Abdo, Recording Secretary
City of Rohnert Park Planning Commission
Exhibit A
to Resolution 2014-29
CONDITIONS OF APPROVAL
GENERAL
1. The applicant shall comply with all mitigation measures as specified in the Walmart
Expansion Final EIR and Partially Recirculated Final EIR 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 & Wildlife environmental review fees shall
be included in the total amount due.
3. The 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 following these Conditions
of Approval shall be deemed to be acceptance by the applicant of all Conditions of
Approval.
5. In the event these Conditions of Approval 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 attorney's 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.
8. All building colors shall be consistent with the paint scheme presented in Exhibit 8
and approved by the Planning Commission.
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PARKING & CIRCULATION
9. 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.
10. Provisions shall be made for no less than eight 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. In addition, a
minimum of five spaces near the store entrance shall be designated for customer
carpools.
11. 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.
12. 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).
13. 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).
14. 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.
15. 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.
16. 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).
SIGNAGE
17. Signage shall be installed according to the applicant's sign program application as
modified, if necessary, and approved by the City.
18. The proposed signage on the west elevation of the retail store shall not be
illuminated.
LIGHTING
19. Full lighting plan shall be submitted to Planning for review and approval prior to
issuance of building permit.
20. 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.
21. Lights shall be of the minimum illumination necessary to perform operations and
provide for safety and security.
22. 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
23. 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).
24. 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.
25. 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.
26. Landscaping shall be maintained in weed and litter free condition at all times.
SCREENING OF MECHANICAL EQUIPMENT
27. 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).
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28. 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.
29. 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)
30. The refuse containers shall be maintained within the refuse enclosure at all times
with the access gates kept closed. If the refuse enclosure is not adequate to
accommodate the required containers, an addition to the enclosure shall be
constructed, details subject to approval of the City of Rohnert Park. The refuse
enclosure shall have a roof cover in conformance with Municipal Code Section
17.12.130 to eliminate the intrusion of any rainwater or surface runoff from the trash
enclosure area to the storm drainage system.
RECYCLING
31. Recycling shall be conducted in accordance with accepted practices as directed by
Sonoma County Waste Management Agency.
32. 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.
33. 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
34. The property shall be maintained in good order. This shall include litter
management and timely repair and maintenance of all structures, fences, signs,
walks, driveways, lawns, landscaping, painting, etc., as may be necessary to
maintain good order (RPMC § 17.12.140).
35. The applicant shall ensure carts are regularly collected from offsite locations.
BUILDING
36. 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.
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37. All new structures shall comply with the requirements of the most recent editions of
Americans with Disability Act and Title 24 California Disabled Access compliance
for buildings, parking and site access.
38. 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.
39. On site construction signage (temporary) regarding hours of operations, project
address waste removal, construction vehicle egress and ingress and daily clean up
rules shall be posted prior to commencement of construction.
40. 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 between 7 a.m. and 7 p.m. 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). Noise from potential wall demolition will be shielded on
the west side of the demolition area by the use of a temporary noise barrier a
minimum height of 8' and with a minimum Sound Transmission Class 12. The
temporary wall will be kept in place for the duration of demolition activities.
41. Rooftop 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
• 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.
42. 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.
43. 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.
44. All new or altered exterior site lighting, including any electrical signage, shall
comply with all applicable provisions of the 2013 California Energy Code (Part 6 of
Title 24, California Code of Regulations).
45. Any temporary outdoor seasonal sales in the parking lot shall be located so as not to
block or hinder access to any required accessible route of travel located in the
parking lot.
46. All alterations and new construction where a permit is required shall comply with
the 2013 California Green Building Standard Code (Part 11 of Title 24, California
Code of Regulations) specified in Municipal Code Chapter 15.26. Applicant shall
comply with self -certification requirements for project type and tier per 15.26.010 of
the Municipal Code.
ENGINEERING
PLAN CHECK
47. 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
48. 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 2013 edition of the California Green Building Standard Code (Part 11 of
Title 24, California Code of Regulations), 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 acceptable by the City of probable construction cost of
onsite and offsite improvements, excluding the building.
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g. Plan check fees.
49. All grading performed shall conform to Appendix J of the 2013 California Building
Code (Part 2 of Title 24, California Code of Regulations), the Rohnert Park
Municipal Code, and as recommended in the TRC Geotechnical Investigation with
review and approval by the City Engineer.
50. 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.
51. 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.
52. All grading construction debris materials shall be removed and disposed of offsite
prior to any excavation or fill operations.
53. 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
54. 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 § I7.16.090(B))
55. At the end of construction, local road surfaces shall be returned to pre -construction
condition by the developer (RPMC § 17.12.110(F)).
CONSTRUCTION
56. All water runoff from the construction site shall be controlled. During construction,
trucks and equipment [engines] shall be running only when necessary (RPMC
§ 17.12.110(E)).
57. During project construction, the construction site and materials staging area shall be
secured by temporary fencing (RPMC § 17.12.110(A)).
58. 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
§ 17.12.110(B)).
59. All construction and transport equipment shall be muffled in accordance with state
and federal laws and regulations, and the noise standards of this chapter.
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Construction and transport equipment shall be operated so as to minimize exhaust
emissions (RPMC § 17.12.110(C)).
OPERATIONS
60. The applicant shall comply with the standard conditions as outlined in its
Wastewater Discharge Permit Application.
61. 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).
62. The applicant shall apply and obtain an Industrial Waste Discharge permit for
sewage from City of Santa Rosa.
PUBLIC SAFETY
63. The project shall comply with all applicable provisions of the 2013 California Fire
Code (Part 9 of Title 24, California Code of Regulations), the 2013 California
Building Code (Part 2 of Title 24, California Code of Regulations), the City of
Rohnert Park Fire Division Code Ordinance #827, NFPA 13 and NFPA 72.
64. The final improvement plans shall be reviewed, approved, and signed by the Fire
Marshal, for compliance with the Fire Codes, fire flow gallons per minute
requirements, the number/type of fire hydrants and their location.
65. The final improvement plans shall be reviewed, approved, and signed by the Fire
Marshal for compliance with public safety and emergency access.
66. 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 Fire Marshal prior to commencement of construction on any of these systems.
67. The relocation of the existing fire hydrants, spacing and fire flow shall be evaluated
and approved by the Fire Marshal to ensure adequate coverage.
68. Relocation of existing fire protection systems (Fire Department Connections) and
fire hydrants on adjoining parcels shall be at the expense of the applicant, if
required.
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69. 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.
70. The storage, use, transportation or production of products that, either in a raw or
finished state, constitute a fire hazard as defined by the Fire Marshal 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).
71. 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
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ACKNOWLEDGMENTS
As the authorized representative for Walmart Stores, Inc. I hereby acknowledge and accept these
Conditions of Approval.
Walmart Representative Date
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