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2011/05/26 Planning Commission Resolution (2)PLANNING COMMISSION RESOLUTION NO. PL2O1r.O11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF'ROHNERT PARK, CALIFORNIA APPROVING A TIME EXTENSION FOR SITE PLAN AI\D ARCHITECTURAL REVIEW AND SIGN PROGRAM APPROVALS FOR THE WALMART EXPANSION LOCATED AT 462s REDWOOD DRrVE (ApN 045-05s-014), FILE NO. PL 2011-018 WHEREAS, the applicant, Miriam Montesinos of Sheppard Mullin Richter & Hampton representing Walmart, has submitted an application for one-year time extensions for the Site Plan and Architectural Review and Sign Program approvals ("Time Extension Requests") for the expansion of the V/almart Store located at 4625 Redwood Drive (APN 045-055-01 4); and \ilHEREAS' Planning Application No. PL2011-018 was processed in the time and manner prescribed by State and local law; and WHEREAS, public hearing notices for the proposed Time Extension Requests 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 public hearing notice was published in the Community Voice for a minimum of 10 days prior to the first public hearing; and \ryHEREAS, on May 26,2011, the Planning Commission held apublic meeting at which time interested persons had an opportunity to testify either in support or opposition to the proposed Time Extension Requests; and \ilHEREAS, Walmart has not been able to act on such approvals within the one year time limit due to litigation; and WHEREAS, Section 17.25.035.8. of the Rohnert Park Municipal Code authorizes the Planning Commission to renew a Site Plan and Architectural Review approval for an additional period of one year if an application for renewal is filed prior to expiration of the approval; and WHEREAS, Section 17.27.030.F.1. authorizes the Planning Commission to renew a Sign Program approval for an additional period of one year if an application for renewal is filed prior to expiration of the approval; and WHEREAS, an Environmental Impact Report (FEIR) was certifred for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) and there are no proposed changes that would necessitate further review under CEQA; and WHEREAS, the members of the Planning Commission, using their independent judgment, reviewed the Time Extension Requests and all evidence in the record related to such requests, including the staff report, public testimony, and all evidence presented both orally and in writing. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Rohnert Park, California, hereby makes the following findings: A. The Planning Commission, at apublic hearing on May 26,2011, reviewed the Time Extension Requests for the Walmart expansion project and all evidence in the record related to the proposed extensions including the staff report, public testimony, and all evidence presented both orally and in writing. B. The Planning Commission finds that the Time Extension Requests are consistent with the approved plans for the Walmart expansion and with Rohnert Park Municipal Code Sections 17.25.035 B. and 17.27.030F.1. C, The Planning Commission finds that the Time Extension Requests do not necessitate further review of the certified Walmart Final Environmental Impact Report (SCH# 2009052008) under CEQA. NO\il THEREFORE BE IT FURTHER RESOLVED, that the Planning Commission does hereby extend the time limit for the Site Plan and Architectural Review and Sign Program approvals for the Walmart Store expansion located at 4625 Redwood Drive (APN 045-055-014) until July 29,2012, subject to the following conditions: 1. The applicant shall comply with all applicable sections of the City of Rohnert Park Municipal Code. 2. The applicant shall secure all necessary permits and clearances from the Rohnert Park Building Department prior to commencement of construction. DULY AND REGULARLY ADOPTED on this 26th day of May, 201t, by the City of Rohnert Park Planning Commission by the following vote: AYES:c NOES:ABSENT: L ABSTAIN: ADAMS ARMSTRONG BORBAIþ,,,fr ICE Y HAyDoN Ab¡r,f Rohnert Park Pkinning Commission Attest: