2016/01/28 Planning Commission Agenda PacketCity of Rohnert Park
Planning Commission
AGENDA
Thursday, January 28, 2016
6:00 P.M.
130 Avram Avenue, Rohnert Park
To Any Member of the Audience Desirine to Address the Plannine Commission:
For public comment on items listed or not listed on the agenda, or on agenda items if unable to speak at the scheduled time, you
may do so upon recognition from the Chairperson. PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING.
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL (Adams Blanquie Borba Giudice Haydon__)
DECLARATION OF ABSENTION
ACKNOWLEDGEMENT OF POSTING OF AGENDA — Agenda has been posted in
three public places: Community Center, Public Safety Building and City Hall.
PUBLIC COMMENT - Persons who wish to speak to the Commission regarding an
item that is not on the agenda may do so at this time.
CONSENT CALENDAR - ADOPTION OF MINUTES - None
AGENDA ITEMS
8.1 PUBLIC HEARING — ONE YEAR EXTENSION SITE PLAN AND
ARCHITECTURAL REVIEW AND SIGN PROGRAM — PL2009-
02SR/PL2010-08SR — Pacland, on behalf of Walmart — Consideration of
Resolution 2016-03 approving a one-year extension of the approvals of the Site
Plan and Architectural Review and Sign Program for the Walmart Expansion
Project located at 4625 Redwood Drive (APN 045-055-014)
CEQA: The City Council certified the Final EIR and PRFEIR and adopted a
Statement of Overriding Considerations and Mitigation Monitoring and
Reporting Program for the Entitlements. Nor further environmental review is
necessary for the extension of the entitlements.
8.2 PUBLIC HEARING — CONDITIONAL USE PERMIT — PLUP2016-0001 —
Morton Wiggins/Second Octave Talent — Annual Review of Conditional Use
Permit for Sonoma Mountain Village Green Summer Concert Series located at
1100 Valley House Drive (046-051-045)
9 ITEMS FROM THE PLANNING COMMISSION
10. ITEMS FROM THE DEVELOPMENT SERVICE STAFF
11. ADJOURNMENT
Appeals of any decisions made tonight must be received by the Planning Division within 10
days and no later than 5.00 p.m. on February 8, 2016
NOTE: If you challenge the nature of the proposed action in court, you may be limited to
raising only those issues you or someone else raised at public hearing(s) described in this
Agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the
public hearing(s).
Disabled Accommodation: In compliance with the Americans with Disabilities Act, if
you need special assistance to participate in this meeting please call (707) 588-2236. Notification
72 hours in advance of the meeting will enable the city to make reasonable arrangements to
ensure accessibility to the meeting. (28 CFR 35.102.35.104 AD Title III)
CERTIFICATION OF POSTING OF AGENDA
I, Suzie Azevedo, Community Development Assistant for the City of Rohnert Park, declare that
the foregoing notice and agenda for the January 28, 2016, Planning Commission Meeting of the
City of Rohnert Park was posted and available for review on January 22, 2016, at Rohnert Park
City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is available on the
City of Rohnert Park's web site at www.rpcity.org.
Signed this 22nd day of January, 2016 at Rohnert Park, California.
�,.CJ VItiI i.
City of Rohnert Park
PLANNING COMMISSION STAFF REPORT
Meeting Date: January 28, 2016
Agenda Item No: 8.1
Subject: File No. PL2009-02SR Walmart Site Plan and Architectural Review and
File No. PL2010-08SR Sign Program — Consideration of a One -Year
Extension of the Approvals for the Site Plan and Architectural Review and
Sign Program for the Walmart Expansion project
Location: 4625 Redwood Drive (APN 045-055-014)
Applicant: PACLAND, on behalf of Walmart, Inc.
SUBJECT
A one-year extension of the approvals for the Site Plan and Architectural Review and Sign
Program for the Walmart Expansion project, which would add approximately 35,256 square feet
to the existing 131,532 square -foot store located at 4625 Redwood Drive.
Resolution No. 2016-03 approving a one-year extension of the approvals for Site Plan and
Architectural Review and Sign Program for the Walmart Expansion project located at
4625 Redwood Drive
BACKGROUND
On August 14, 2014, the Planning Commission certified the Rohnert Park Walmart Expansion
Project Final Environmental Impact Report ("Final EIR") and Partially Recirculated Final EIR
("PRFEIR"), adopted a Statement of Overriding Considerations and Mitigation Monitoring and
Reporting Program, and approved the Site Plan and Architectural Review and Sign Program
applications for the project (collectively, the "Entitlements"). On January 13, 2015, the City
Council considered appeals of the Planning Commission's August 14, 2014 decisions, denied the
appeals, certified the Final EIR and PRFEIR, adopted a Statement of Overriding Considerations
and Mitigation Monitoring and Reporting Program, and approved the Entitlements.
ANALYSIS
Due to ongoing litigation, the applicant has applied for a one-year time extension for the
Entitlements (i.e., Site Plan and Architectural Review and the Sign Program permits) prior to
their expiration date and this matter is being brought before the Planning Commission for its
consideration. There have been no changes in the approved plans submitted with the application
to expand Walmart. No modifications have been made in the chapter in the Zoning Ordinance
regarding signs that would result in any changes in the approved Sign Program.
Pursuant to Zoning Ordinance Section 17.25.035, regarding Lapse of Approval/Renewal for Site
Plan and Architectural Review approvals:
A. A Site Plan and Architectural Review approval shall lapse one year after the date of
final approval or at an alternative date specified at the time of approval, unless:
1. A building permit has been issued and construction has diligently commenced; or
2. A Certificate of Occupancy has been issued; or
3. The use is established; or
4. The Site Plan and Architectural Review approval is renewed in accordance with
subsection B below.
5. The project is a residential development that does not require the approval of a
tentative subdivision map, or otherwise not vested through a development agreement
with the city, then the approval shall expire after a twenty -four-month period, unless
extended for special circumstances by the city council.
B. A Site Plan and Architectural Review approval may be renewed for an additional period
of one year, provided that prior to the expiration date, an application for renewal is filed
with the Planning Commission. The Planning Commission shall not deny the renewal
request without first holding a Public Hearing and making findings supporting the
reason for denial. If the Planning Commission denies the renewal request, the applicant
shall have ten calendar days to appeal the decision to the City Council as set forth in
Chapter 17.25 Article XII.
Pursuant to Zoning Ordinance Section 17.27.040(H), regarding expiration of Sign Permit and
Sign Program approvals:
H. Approval Period, Expiration and Time Extensions. A sign permit or sign program
approval will expire one year from the date of issuance unless the sign or at least one
sign in an approved sign program has been installed in accordance with the conditions of
approval. If the sign permit or sign program is for a building or shopping center under
construction, the one year approval period will commence on the date of issuance of the
first certificate of occupancy for the project.
1. Prior to expiration, the applicant may apply for an extension of up to one additional
year. The extension shall be reviewed by the review authority that acted on the
original request.
2. The permit or approval will be null and void if the zoning ordinance changes
significantly prior to the installation of the sign to a point that given the new
regulations in the zoning ordinance such a sign would not be permitted.
Staff concurs with Walmart's request for a one-year extension of the approvals for the Site Plan
and Architectural Review and the Sign Program.
As noted above, City Council approval of the project has been challenged and litigation is
pending. Walmart has not been able to exercise the project approvals while the litigation has
proceeded through the court system. The Rohnert Park Municipal Code allows for one-year time
extensions of the approvals. Staff recommends approval of the request for a one-year extension.
ENVIRONMENTAL REVIEW
As noted above, on January 13, 2015, the City Council certified the Final EIR and PRFEIR and
adopted a Statement of Overriding Considerations and Mitigation Monitoring and Reporting
Program for the Entitlements No further environmental review is necessary for the extension of
the Entitlements.
PUBLIC NOTIFICATION AND INFORMATION
A public hearing notice denoting the time, date, and location of this hearing was published in the
Community Voice on January 15, 2016. Property owners within 300 feet of the Project site and
interested parties requesting notification were also mailed notices, and the notice was posted
pursuant to State law.
RECOMMENDED ACTIONS
Based on the analysis above and the findings listed in the attached resolutions, staff recommends
that the Planning Commission take the following actions:
Approve Resolution No. 2016-03 approving a one-year extension of the approvals for Site
Plan and Architectural Review and a Sign Program for the Walmart Expansion project
located at 4625 Redwood Drive.
ATTACHMENTS:
A. Resolution No. 2016-03
EXHIBITS:
1. Time Extension Letter
APPROVALS•
M
Mary Grace Pa n, Development Services Director Date
PLANNING COMMISSION RESOLUTION NO. 2016-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA APPROVING A ONE-YEAR EXTENSION OF THE
APPROVALS OF THE SITE PLAN AND ARCHITECTURAL REVIEW AND SIGN
PROGRAM FOR THE WALMART EXPANSION LOCATED AT 4625 REDWOOD
DRIVE (APN 045-055-014)
WHEREAS, the City processed applications for the Site Plan and Architectural Review
(Planning Application No. PL2009-02SR) and Sign Program (Planning Application No. PL2010-
08SR) for the Walmart Expansion Project located at 4625 Redwood Drive, APN 045-055-014
("Project") in the time and manner prescribed by State and local law; and
WHEREAS, on January 13, 2015, the City Council of the City of Rohnert Park certified
the Final Environmental Impact Report and Partially Recirculated Final Environmental Impact
Report for the Project, adopted a Statement of Overriding Considerations and Mitigation
Monitoring and Reporting Program, and approved the applications for Site Plan and
Architectural Review and Sign Program; and
WHEREAS, the applicant, PACLAND on behalf of Walmart, Inc. has submitted an
application for a one-year time extension of the approvals for Site Plan and Architectural Review
and Sign Program for the Project, due to ongoing litigation surrounding the Project; and
WHEREAS, on January 28, 2016, the Planning Commission held a public meeting at
which time interested persons had an opportunity to testify either in support or opposition to the
proposed time extension for the Site Plan and Architectural Review and Sign Program; and
WHEREAS, the Planning Commission, using their independent judgment, reviewed the
time extension request and all evidence in the record related to the proposed project including the
staff report, public testimony, and all evidence presented both orally and in writing; and
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 a public hearing on January 28, 2016, reviewed the
applicant's request for a one-year extension of the approvals of the Site Plan and
Architectural Review and Sign Program for the Project, and all evidence in the
record related to the Project including the staff report, public testimony, and all
evidence presented both orally and in writing.
B. The Planning Commission finds that a one-year extension of the approvals of the
Site Plan and Architectural Review and Sign Program for the Project is consistent
with the approved plans for the Walmart expansion and with the Rohnert Park
Municipal Code Sections 17.25.035 B. and 17.27.030 H. 1.
C. The Planning Commission finds that a one-year extension of the approvals of the
Site Plan and Architectural Review and Sign Program does not necessitate further
environmental review of the Project under CEQA, because the City Council has
certified a Final Environmental Impact Report and Partially Recirculated Final
Environmental Impact Report (SCH# 2009052008) for the Project.
NOW THEREFORE BE IT FURTHER RESOLVED, that the Planning Commission
does hereby approve the applicant's request for a one-year extension of the approvals of the Site
Plan and Architectural Review and Sign Program for the Walmart Store expansion located at
4625 Redwood Drive (APN 045-055-014) 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 28th day of January, 2016 by the City
of Rohnert Park Planning Commission by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ADAMS BLANQUIE
BORBA
GIUDICE
HAYDON
Attest:
John Borba, Chairperson, City of Rohnert Park Planning Commission
Susan Azevedo, Recording Secretary
3400 Douglas Blvd T 916.771.9503
SUITE 275 F 916.771.3545 0 4 4
ROSEVILLE, CA 95661 WWWYACLAND.COM
November 24, 2015
VIA E-MAIL AND U.S. MAIL
City of Rohnert Park
Development Services Department
Attn: Suzie Azevedo
130 Avram Avenue
Rohnert Park, California 94928
sazevedo@rpcity.org
Re: west for Extension of Entitlements for Walmart Expansion Project
On behalf of Wal-Mart, Inc., we are writing to request a one-year extension of the approved
entitlements for the Walmart Expansion Project located at 4625 Redwood Drive, Rohnert Park,
California. As directed, we are enclosing a completed Zoning and Land Use Application, and we
authorize the City to deduct the required application fee from the Walmart deposit account.
On January 13, 2015, the City Council approved entitlements for the project, consisting of a Site Plan &
Architectural Review/Environmental Impact Report (PL2009-02SR/EIR) and Sign Program (PL2010-08SR).
Both entitlements are valid for an initial period of one year and are currently set to expire on January 13,
2016.
Wal-Mart has not been able to begin construction of the project or vest the entitlements within the
one-year timeframe because of the ongoing litigation filed against the project, including Sierra Club et
al. v. City of Rohnert Park, Sonoma County Superior, Case No. 248112 and Nancy Atwell et at. v. City of
Rohnert Park, Sonoma County Superior, Case No. 256891.
Rohnert Park Municipal Code sections 17.25.035 and 17.27.040(H) authorize the City to grant one-year
extensions of the Site Plan & Architectural Review and Sign Program, respectively, provided that an
application for extension is submitted before the entitlement expiration date. Because the ongoing
litigation has prevented Walmart from proceeding with development of the project, we believe an
extension is justified. Accordingly, we respectfully request that the City grant a one-year extension of
each entitlement to January 13, 2017.
Very truly yours,
hell Mac rson, In ipal
for PACLAND
City of Rohnert Park
November 24, 2015
Page 2
Enclosure
cc: Mary Grace Pawson, Rohnert Park, Development Services Director
Deborah Quick, Morgan Lewis
Alex Merritt, Sheppard Mullin
Michele Kenyon, Burke Williams
Mary Kendall, Walmart
rgplsaltOl-Entitlement Extension Request
40001047
City of Rohnert Park
Planning Commission Report
DATE: January 28, 2016
ITEM No: 8.2
SUBJECT: PLUP2016-0001 Annual Review of Conditional Use Permit for Sonoma
Mountain Village Green Summer Concert Series
LOCATION: 1100 Valley House Drive APN 046-051-045
REQUEST: Review the Conditional Use Permit for the outdoor concert series for 2016 and
2017
APPLICANT Morton Wiggins Second Octave Talent
Background
The applicant has applied for the annual review of the Conditional Use Permit to allow the
extension for the 2016-2017 concert series. Under the Sonoma Mountain Village Planned
Development, land uses in the T-5 Urban Center Zone, T-6 Urban Core Zone and C -P Civic
Parking Zone an Amphitheater (outdoor) requires a Conditional Use Permit. A Conditional Use
Permit was first issued in 2014, and an annual review of the permit is required.
Applicant's Proposal
Staff prepared a report and advertised the item for the January 28th Commission meeting. Staff
has been informed that the applicant will be out of the area until mid- February. Since the item
was advertised it has to be included on the agenda.
Public Notification
This item has been duly noticed by publication in the Community Voice for the Tentative parcel
Map and posted at the prescribed locations in Rohnert Park. Property owners within 300 feet of
the project were mailed notices of the proposed application.
Page 1
Staff Recommendation:
Staff recommends continuance of this item to the meeting of February 25, 2016. This will give
staff time to consult with the applicant on some of the issues regarding the concert series.
Continuing the item to a date certain also results in the application not having to be re -advertised.
p iJV -
Normaa., Weisbrod, Technical Ad isor
U6 - /I
l� f
Jeff/ iswenger, qWnning Manager
Page 2
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