2009/03/12 Planning Commission Resolution (2)Item No.:2
Resolution No.:2009-06
RESOLUTION NO. 2009-6
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK
RECOMMENDING THE APPROVAL OF A TENTATIVE MAP AND CONDOMINIUM
CONVERSION (CHARLIE-LILIANA INDUSTRIAL CONDOMINIUM) TO THE CITY
COUNCIL LOCATED AT 566 MARTIN AVENUE; PLANNING FILE NO. PL2009-030TSM;
ASSESSOR PARCEL NUMBER: 143-0930-037.
WHEREAS, the applicant, Michael R. Jones of Cinquini and Passarino, Inc. submitted an
application for Tentative Map and Condominium Conversion on behalf of the owner/developer Carl
Leimer;
WHEREAS, the Tentative Map would allow for the subdivision of an existing 10,450 square foot
buildings into 8 airspace condominium units coupled with separate interests in common areas;
WHEREAS, public hearing notices were mailed to 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 for a minimum of 10 days prior to the public hearing;
WHEREAS, on March 12, 2009, the Planning Commission of the City of Rohnert Park held a
public hearing at which time interested persons had an opportunity to testify either in support or opposition
to the proposal;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK DOES RESOLVE, DETERMINE, ORDER AND FIND AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findings. The Planning Commission, in recommending approval of Planning Application
PL2009-030TSM (Tentative Subdivision Map) makes the following findings:
1. The proposed map and condominium conversion 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 map and condominium conversion are 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 developrnew.
The site is currently developed with an industrial building 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 a large industrial building. 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 (14,") to support the existing development.
Planning Commission Staff Report
March 12, 2009
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Item No.:2
Resolution No.:2009-06
4. The design ol'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 and condominium conversion is developed with industrial uses
and is surrounded by other industrial developments. No environmental impacts are anticipated.
5. The design of the subdivision or the type oj' improvements will not cause serious public health
problems.
The proposed subdivision and condominium conversion of the existing building 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 reap.
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 15332, hr -Fill Development
(Class 32) which specifically exempts the subdivision since it is a fully developed site which is consistent
with the General Plan and it is reasonable to conclude that there are no impacts related to the map and
conversion.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
recommend to the City Council approval of Application No. PL2009-030TSM (Tentative Map and
Condominium Conversion) for the proposed Charlie-Liliana Industrial Condominium located at 566 Martin
Avenue subject to the following conditions of approval:
1. 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 the final discretionary
action (City Council), unless prior to the expiration a Final Map is recorded or an extension of time
has been requested in writing.
2. Conformance with Municipal Code and Other Agency 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 approval is based on the Tentative Map as submitted to the Department of Community
Development and date stamped received January 16, 2009.
4. Planning. Prior to Final Map recordation, the following items shall be completed
a. The applicant shall demonstrate that 2 bicycle parking spaces have been installed as
required by the Zoning Code § 17.16.090 Bicycle Parking.
Planning Commission Staff Report
March 12, 2009
Page 7 of I I
Item No.:2
Resolution No.:2009-06
5. Engineering/Public Works.
Prior to the Council's acceptance of the Final/Parcel Map:
a. 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.
b. Show on the map all proposed common areas, all existing and proposed public/private
easements within the subdivision.
c. The applicant shall form a Condominium Owners' Association with prepared Covenants,
Conditions & Restriction's (CC&R's) that address the common (joint) ownership, access and
maintenance obligations of structures, parking lots, utilities, shared private fire hydrant, on-site
and off-site easements and access ways which are in favor of the proposed subdivided property.
d. The applicant shall prepare, submit for city review/approval and execute a Private Maintenance
Agreement/Declaration with the adjacent property owner to address the ownership, access,
operation and maintenance of the existing private water system seeing the onsite fire hydrants.
The agreement/declaration shall be recorded and referenced on the map, prior to approval of the
final/parcel map.
e. The CC&R's shall include language which gives the City of Rohnert Park the right(s) to access,
maintain, repair and replace the areas within the existing 10 -foot Public Storm Drain easement
without obligating the City to act on those right(s). Specifically, the CC&Rs shall contain
language, subject to City approval, which provides that:
An acknowledgement of the existence of the aforementioned easement;
ii. The Owners Association shall maintain the surface areas of the aforementioned
easement; and
iii. City's has the right to approve any provisions in the CC&Rs which reflect the City's
rights and/or obligations.
The final Parcel Map, Declaration(s) and CC&R's 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.
g. The final Parcel Map, Declaration(s) and CC&R's shall include statements to the effect that the
City encourages water conservation and this property is currently (at the time of the industrial
condominium tentative subdivision, February 2009) served by a single separate water meter.
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.
h. The Proposed 17' Access Easement in favor of (I.F.O.) each adjacent property shall be
conveyed by a separate document and referenced on the Final/Parcel Map.
Planning Commission Staff Report
March 12, 2009
Page 8 of I I
Item No.:2
Resolution No.:2009-06
i. The existing sanitary sewer lateral shall be inspected and tested pursuant to Rohnert Park
Municipal Code section 13.26.050 A. 3. & 4. The inspection & testing shall be performed by
the project proponent and include, at a minimum, a Television (TV) Camera inspection
recording pursuant to City of Rohnert Park Manual of Standards STD -530. Any sewer lateral
sections failing the required test shall be repaired by means acceptable to the City Engineer,
which may be replacement of the lateral or other alternate means not involving replacement.
6. Building Department
a. CPC section 412.1 Fixture Count — "Plumbing fixtures shall be provided for the type of
building occupancy and in the minimum number shown in Table 4-1." Each unit shall have a
toilet facility or have access to a common area toilet facility. The project shall comply with
California Plumbing Code ("CPC"), section 412.1- Fixture Count which requires that plumbing
fixtures be provided for the type of building occupancy and in the minimum number shown in
Table 4-1. Each unit shall have a toilet facility or have access to a common area toilet facility.
b. The applicant shall obtain an electrical permit from the Building Division of the Community
Development Department that includes, but is not limited to, wire size, conduit size, one -line
diagrams showing panels and grounding methods, load calculations and panel schedules. The
plans shall be prepared by a CA licensed electrical engineer or by the licensed electrical
contractor performing the required work pursuant to the 2007 California Electrical Code
("CEC") as follows:
i. Each newly created parcel shall comply with CEC requirements for access to the electrical
service disconnects and over -current protection devices.
ii. A multiple occupancy building shall comply with CEC Article 230.72, (C) Access to
Occupants which requires the provision that each occupant have access to the occupant's
service disconnection.
iii. Each occupant shall have ready access to all over -current devices protecting the conductors
which supply power to that occupant. The circuits that serve the common areas must
provide accessibility to building personnel who maintain the common areas at all times.
CEC Article 240.24, (B) Occupancy.
BE IT FURTHER RESOLVED, that said recommendation for approval of the Tentative Map and
Condominium Conversion shall not be deemed final until the appeal period, which is 10 working days from
the date of said action, has expired.
Planning Commission Staff Report
March 12, 2009
Page 9 of I I
Item No.:2
Resolution No.:2009-06
DULY AND REGULARLY ADOPTED, on this 12th day of March, 2009, by the City of Rohnert
Park Planning Commission by the following vote:
John Borbi, C�airpers6n, Rohnert Park Planning Commission
Attest:\Aluj "'—
Azevedo, Re&6rding Secretary
AYES: r NOES: ABSENT: I ABSTAIN:
AHANOTU, b ARMSTRONG ✓ BORBA NILSON � NORDIN
Planning Commission Staff Report
March 12, 2009
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