2009/08/26 Planning Commission ResolutionRESOLUTION NO. 2009-21
RESOLUTION OF THE SUBDIVISON COMMITTEE OF THE CITY OF ROHNERT
PARK APPROVING THE TENTATIVE PARCEL MAP THAT WOULD CREATE FOUR
(4) COMMERCIAL CONDOMINIUM UNITS COUPLED WITH AN INTEREST IN THE
3.7 ACRE COMMON PARCEL (NAMO COMPANY LLC TENTATIVE PARCEL MAP)
LOCATED AT 6595 COMMERCE BOULBVARD; PLANNING FILE NO. PL2009-017;
APN: 143-051-012.
WHEREAS, the applicant, Aaron Smith of Adobe Associates, Inc. submitted an
application for Tentative Parcel Map to create four (4) Commercial Condominium Units on
behalf of the owner/developer Namo Company LLC;
WHEREAS, the "Tentative Parcel Map would allow for the subdivision of an existing
50,000 square foot building into four (4) commercial airspace condominium units coupled with
separate interest in the 3.76 acre common area;
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 August 26, 2009, the Subdivision Committee of the City of Rohnert
Park field a public hearing at which time interested persons had an opportunity to testify either in
support or opposition to the proposal;
NOW, THEREFORE, THE SUBDIVISION COMMITTEE 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 Subdivision Committee, in approving approval of Planning
Application PL2009-017TPM (Tentative Parcel Map) makes the following findings:
The proposed map to create four (4) commercial condominiums 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 proposed parcel map is consistent with the "Commercial Regional" 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 development.
The site is currently developed with a regional commercial building and is 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 50,000 square foot regional commercial 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 ("C-R") to support the existing
development.
4. The design of 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 parcel map is developed with regional commercial land
uses and is surrounded by other regional commercial developments. No environmental
impacts are anticipated.
5. The design of the subdivision or the type of improvements will not cause serious public health
problems.
The proposed subdivision 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 as they are.
Any proposed phases and their proposed sequence of construction are identified on the
submitted map.
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 Subdivision Committee does hereby
approve of Application No. PL2009-017 TPM (Tentative Parcel Map) for the creation of four (4)
commercial condominium spaces located at 6595 Commerce Boulevard 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 Namo Company LLC Tentative Parcel Map as submitted to
the Department of Community Development and date stamped received July 30, 2009.
4. Engineering/Public Works.
a. The applicant shall form a Condominium Owners' Association with prepared
Covenants, Conditions & Restriction's (CC&R's) that address the common
ownership and maintenance obligations of structures, parking lots, utilities, on-site
and off-site easements and access ways.
b. 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 easements
without obligating the City to act on those right(s).
c. The City operates on a cost recovery basis and the project proponent shall reimburse
all costs, including contract review services, incurred by the City for review and
approval of the Final Map.
d. The final Parcel Map 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.
e. The final Parcel Map 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
commercial condominium tentative subdivision, (August 2009) sewed by one water
meter. Separate water meters, serving individual condominium units, shall be
required by the City at the time a permit or other entitlement concerning the project is
sought.
f. The existing sanitary sewer lateral shall be inspected and tested pursuant to Rohnert
Park Municipal Code section13.26.050 A. 3. & 4. The inspection & testing shall be
performed by the project proponent to City of Rohnert Park Manual of Standards
STD -530. Any sewer lateral section 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.
5. Building Department
a. 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. 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 main service disconnection. Also, the circuits that serve the common
areas must provide accessibility to building personnel who maintain the common
areas at all times as required by CEC Article 204.24(b). The existing two main
electrical services located in the middle of the building accessible by only one tenant
space does not comply with these requirements. Therefore, the applicant must
provide access from an exterior wall to the room containing the main electrical
equipment by means of a corridor or other approved method.
BE IT FURTHER RESOLVED, that said recommendation for approval of the
Tentative Parcel Map to create four (4) Commercial Condominiums shall not be deemed final
until the appeal period, which is 10 working days from the date of said action, has expired.
DULY AND REGULARLY ADOPTED, on this 26th day of August, 2009, by the City
of Rohnert Park Subdivision Committee bkt to ow ng vote:
Amy Ahanotu, Chairperson, Rohnert Park Subdivision Committee
Attest: \ 4,4n
usan Azevedo, Ree'ording Secretary
AYES: NOES: ABSENT: ABSTAIN:
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