2008/01/24 Planning Commission ResolutionRESOLUTION NO. 2008-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, EXTENDING THE APPROVAL OF A TENTATIVE MAP TO ALLOW
THE SUBDIVISION OF A LOT INTO 8 LIVE/WORK SPACES ON PROPERTY
LOCATED AT 5210 COUNTRY CLUB DRIVE (APN 143-311-056)
(Ron Bart/Tarom Group)
WHEREAS, on February 28, 2006, the City Council of the City of Rohnert Park
approved an application for a tentative map to allow the subdivision of a lot into 8 live/work
spaces on property located at 5210 Country Club Drive (APN 143-311-056),
WHEREAS, the tentative map is scheduled to expire on February 9, 2008, as stipulated
by Condition #1 of the Council resolution of approval for the project (i.e. the original Planning
Commission approval date of the application);
WHEREAS, the applicant, Ron Bart/Tarom Group, has requested an extension of the
tentative map, in accordance with Section 16.10.050 of the Rohnert Park Municipal Code,
WHEREAS,. the Planning Commission held a noticed public hearing on January 24,
2008, at which time interested persons had an opportunity to testify either in support of or
opposition to the proposed extension of the tentative map; and,
WHEREAS, the Planning Commission has reviewed and considered the information
contained in the Tentative Map Extension application for the proposal;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findings. The Planning Commission, in approving a one-year extension
of Planning Approval PL2005-069TM (Tentative Subdivision Map) affirms that the original
findings for this project can still be made, to wit:
Tentative Subdivision Map Extension PL2005-069TM
1. The proposed map' 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 this code.
The map is consistent with the General Plan designation of Neighborhood Commercial and
otherwise complies with the Municipal Code. There is no specific plan that applies to the
property.
2. The site is physically suitable for the type of development.
The site has been approved. for 8 live/work units. The site is physically suitable to support
the approved development.
3. The site is physically suitable for the proposed density of development.
The site is of sufficient size and shape and zoned appropriately to allow the approved 8
live/work units.
1
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 project is an infill development on a site surrounded by existing development, so no
environmental impacts are anticipated.
S. The design of the subdivision or the type of improvements will not cause serious public
health problems.
The original approval related to the subdivision of an approved but as -of -yet not constructed
mixed use project, which would not be expected to have negative impacts on the health or
well being of project residents or occupants of the surrounding land uses. (Note: The project
has since been constructed and has not generated any public health problems.)
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.
The project will respect all existing easements. A new public utilities easement will be
required along the site's frontage and the portion of Country Club Drive adjacent to the site is
required to be dedicated to the City.
7. Any proposed phases and their proposed sequence of construction are identified on the
submitted map.
The project is intended to be developed at one time, therefore no 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 (Class 32 — In -Fill Development Projects).
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission does hereby
approve a one-year extension of Application No. PL2005-069TM: proposed subdivision of a lot
into 8 live/work spaces on property located at 5210 Country Club Drive (APN 143-311-056),
subject to the following conditions:
The tentative subdivision map approval shall expire on February 9, 2009, unless prior to
the expiration a final map is recorded or the tentative map is extended for an additional
time period.
2. All conditions of the use permit, site plan and architectural review, and variance approvals
for this project shall be complied with (PL2003-062UP/SR/V, PL2007-030UP).
3. The final map shall offer for dedication to the City that portion of project property which is
within Country Club Drive. This dedication shall include the public street improvements
including up to the back of sidewalk. A 10 -foot public utility easement shall be dedicated
to the city on the final map if one does not exist currently.
4. The site improvements plans previously approved for the proposed development shall be
revised to include the design and installation of a separate water service to serve the
development and to address the requirement for individual water meters and sewer laterals
4
for each unit. (Note: The proposed non-standard domestic water meter locations,
downstream of the backflow device, are an approved exception.)
5. The applicant shall contact Pacific Gas & Electric (PG&E) and resolve the matter
regarding the transformer near Country Club Drive and any conflict with the proposed
final grade.
6. The existing hydrant lateral shall not be used to provide water service to the project.
7. The map use USGS established benchmarks and not "assumed benchmarks." Also, the
differential with adjacent properties shall be indicated.
8. The project shall be complete before the final map is approved. Alternatively, the project
proponent may enter into a subdivision agreement pursuant to Rohnert Park Subdivision
Ordinance section 16.16.040 prior to the approval of the map and completion of the
improvements.
9. The Final Map shall be reviewed and approved by the City Engineer and Land Surveyor.
The project proponent shall reimburse the city for all costs incurred by the city for review
and approval of the Final Map.
10. Improvement Plans shall be prepared by a registered Civil Engineer as well as reviewed
and approved by the City Engineer. The project proponent shall reimburse the city for all
costs incurred by the city for review and approval of the Plans.
11. The Final Map and Improvement Plans shall comply with the City of Rohnert Park
Municipal Code, Title 16, Subdivisions and the applicable sections of the Subdivision Map
Act.
12. All applicable requirements of the City's Building Department, the Department of Public
Safety, and other affected departments/agencies shall be implemented in the project.
13. The applicant shall include in its application for the issuance of a Public Report from the
Department of Real Estate that the property is located adjacent to a Department of Public
Safety Facility.
BE IT FURTHER RESOLVED that said action shall not be deemed final until the
appeal period has expired and that the appeal period shall be 10 calendar days from the date of
said action. No building permits shall be issued until the appeal period has expired, providing
there are no appeals.
3
DULY AND REGULARLY ADOPTED on this 24th day of January, 2008, by the City
of Rohnert Park Planning Commission by the following vote:
Chairperson, Rohnert Park Planning Commission
Attest:
usan Azevedo, Reco ing Secretary
AYES: 5 NOES: "
V/
ADAMS AHANOTU
ABSENT: ABSTAIN:
ARMSTRONG CALLINAN
0
KILAT