2014/10/23 Planning Commission ResolutionRESOLUTION No. 2014-39
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROHNERT PARK APPROVES MODIFICATION OF THE CHIPOTLE
RESTAURANT TENTATIVE PARCEL MAP LOCATED AT 6325 COMMERCE
BOULEVARD (APN 143-051-073), FILE NO. PLSD2014-0004
WHEREAS, on May 27, 2014, the applicant, Stephen B. Jaeger for NBC
Partners, LLC submitted an application for the Chipotle Restaurant Tentative Parcel Map
located at 6325 Commerce Boulevard (APN 143-051-073);
WHEREAS, on July 1, 2014, Planning Application No. PLSD2014-0004 was
deemed complete and processing occurred within the time and manner prescribed by
State and local law;
WHEREAS, on July 21, 2014, the Subdivision Committee held a public hearing
on the Tentative Parcel Map and approved Resolution No. 2014-02 with Conditions of
Approval;
WHEREAS, on July 31, 2014, the City received an appeal letter from Sedwick
LLP regarding the imposition Condition of Approval No. 9 requiring replacing two
existing driveways being improper because of the following reasons:
1. The Tentative Parcel Map results in the Chipotle Restaurant being on its own
parcel and no new development results.
2. When the existing driveways were constructed they complied with the City
standard at that time.
NOW THEREFORE BE IT RESOLVED, the Planning Commission of the
City of Rohnert Park does determine as follows:
Section 1. The above recitations are true and correct.
Section 2. Findings. The Planning Commission, in approving the revised
Conditions of Approval to the Chipotle Restaurant Tentative Parcel Map, application
PLSD2014-0004, makes the following findings; to wit:
The proposed map is consistent with the General Plan and the Zoning Ordinance
or any other applicable provisions of this code.
The map is consistent with the General Plan designation Regional Commercial and with
the C-R Regional Commercial zoning.
2. The site is physically suitable for the type of development,
The site is physically suitable to support the proposed development. The existing
development provides adequate access, parking open space and building arrangement for
the shopping center.
3. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidable injure fish or wildlife
or their habitat, absent a statement of overriding conditions.
The existing development on the property has not caused any environmental damage or
injury to fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvements will not cause serious
public health problems.
The proposed subdivision will occur on property that is fully developed in accordance
with the C-R Regional Commercial zoning. The existing development has not caused
any known public health problems.
5. 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.
Conditions will be attached to the Map to require access easements through the
subdivision for use by customers of the businesses operating on the site.
Section 3. Environmental Clearance. This action is exempt from CEQA under Section
15315 Minor Land Divisions into four or fewer parcels.
NOW THEREFORE BE IT FURTHER RESOLVED, that the Planning Commission
does hereby approve Planning Application No. PLSD2014-0004, subject to the following
Conditions of Approval:
Pursuant to the City of Rohnert Park Municipal Code Section 16.10.050, this
approval shall expire twenty-four (24) months after the date of approval unless
prior to the expiration the applicant files a request for an extension of time in
accordance with Government Code Section 66452.6(a).
2. The Final Parcel Map and all improvements shall comply with the Chipotle
Restaurant Tentative Parcel Map date stamped received by the City of Rohnert
Park on May 17, 2014.
3. Improvements shall comply with all applicable sections of the City of Rohnert
Park Municipal Code and any other applicable relevant plans of affected agencies.
4. Any exceptions or variances from these conditions will require the written approval of the
City Engineer or approval of the Subdivision Committee if required by City Code.
5. The proposed ingress and egress easement in favor of Lot 1 over the Remaining Lands
should be expanded to provide access to the signalized intersection at the south end of the
property, providing left turn ingress to the site or Lot 1.
6. A joint access and maintenance agreement shall be recorded between the
two proposed parcels, covering the joint access improvements.
7. On the Parcel Map, a public water line easement shall be recorded over the existing water
main on the site, or a private water main easement in favor of each lot shall be dedicated
over the line. Provide additional water line mapping to confirm the location of all existing
lines and meters.
8. Replace broken sidewalk along the project frontage as determined prior to filing the Parcel
Map.
9. A shared parking and cross access agreement between all parcels shall be recorded.
DULY AND REGULARLY ADOPTED on the 23rd day of October, 2014, by the City
of Rohnert Park Planning Commission by the following vote:
AYES: NOES: 0 ABSENT: --'� ABSTAIN:
ADAMS-" LA QIE ORBA GIUDICE l/ HAYDON
erson, Rohnert Park Planning Commission
Attest:' h,
Susan Azevedo, Rerding Secretary