PC RESO 2025-04 -WALMART CUP AMENDMENT - Updated 5.9.2025PLANNING COMMISSION RESOLUTION NO. 2025-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK APPROVING THE MODIFICATION TO A CONDITIONAL USE PERMIT FOR AN INTERIOR EXPANSION OF 4,969 SQUARE FEET TO AN EXISTING WALMART NEIGHBORHOOD MARKET AT MOUNTIAN SHADOWS PLAZA CENTER AT 901 GOLF
COURSE DRIVE (APN 143-311-059 & 63) WHEREAS, the applicant, Bryan Spencer for WalMart Neighborhood Market, filed Planning Application No. PLUP24-0004 requesting a modification to Conditional Use Permit
PL2013-003UP/SR to allow Walmart Neighborhood Market located in the Mountain Shadows Plaza
located at 901 Golf Course Drive (APN143-311-059 & 062), in accordance with the City of
Rohnert Park Municipal Code; and
WHEREAS, Planning Application No. PLUP24-0004 was processed in the time and manner prescribed by State and local law; and
WHEREAS, public hearing notices were mailed to all property owners, Home Owners
Associations, and businesses 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
WHEREAS, on May 8, 2025, the Planning Commission held a duly noticed public hearing
at which time interested persons had an opportunity to testify either in support or opposition to the
proposal; and
WHEREAS, the Planning Commission has reviewed and considered all testimony and arguments, if any, of all persons desiring to be heard, and the Planning Commission considered all the facts related to Planning Application No. PLUP24-0004 for Walmart Neighborhood Market;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Rohnert Park does resolve, determine and order as follows:
Section 1. The above recitations are true and correct.
Section 2. Factors considered. The Planning Commission, in approving Planning Application No. PLUP2025-04 makes the following findings, to wit:
A. That the proposed location of the conditional use permit is in accord with the objectives
of the zoning ordinance and the purposes of the district in which the site is located.
Criteria Satisfied. The proposed project is located within the C-N (Neighborhood Commercial) District, which allows for the proposed modification of an existing CUP with approval of a modification. The changes are not anticipated to have an impact on the
general appearance of the site and are compatible with the existing development.
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B. That the proposed location of the conditional use permit and the conditions under which it would be operated or maintained will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the vicinity,
and that the operation and maintenance of the conditional use will be compatible with
the surrounding uses.
Criteria Satisfied. The existing commercial market within the tenant space has been in operation since 2013 under Conditional Use and Site Plan and Architectural
Review approval (PL2013-0003). The business has operated at this location without
any known negative impacts to the surrounding residential properties or to other tenants within the Mountain Shadows Plaza Shopping Center. The analysis of the project, together with the traffic circulation and noise studies demonstrate that the project, as conditioned, will not be detrimental to the public health, safety or welfare
or materially injurious to properties or improvements in the vicinity in that the
expansion of the store does not add any additional retail area to the shopping center, the change to the parking configuration will not have a negative impact on circulation and that the noise will be within Rohnert Park standards.
C. That the proposed conditional use will comply with each of the applicable provisions
of this Title.
Criteria Satisfied. With staff-recommended conditions of approval, the proposed project will comply with all applicable provisions of the Zoning Ordinance. Per Section 17.06.060, supermarkets are a conditionally permitted use in the C-N (Neighborhood Commercial) District. As the applicant is requesting an amendment to
an existing Conditional Use Permit, the project remains consistent with this
requirement.
Section 3. Environmental Clearance. The project is categorically exempt from the California Environmental Quality Act, Article 19, Section 15301 (Existing Facilities).
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approved Planning Application No. PLUP24-0004 subject to the following conditions:
1. The Conditional Use Permit Amendment approval shall expire one year from the Planning Commission approval date, unless prior to the expiration an application for a building permit is filed and or an extension is requested and approved. All applicable provisions of the City of Rohnert Park Municipal Code, are made a part of these
conditions of approval in their entirety, as if fully contained herein.
2. The violation of any condition listed herein shall constitute a nuisance and a violation of the RPMC. In conformity with Chapter 1.16 of the RPMC, a violation of the RPMC may be an infraction or a misdemeanor and shall be punishable as provided by law. In addition to criminal penalties, the City may seek injunctive relief. The
Applicant agrees to pay for all attorney’s fees and costs, including, but not limited to,
staff time incurred by the City in obtaining injunctive relief against the Applicant as a result of a failure of the Applicant to fully perform and adhere to all of the Conditions of Approval.
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3. The Applicant agrees to defend, indemnify, hold harmless and release the City of Rohnert Park, its agents, officers, attorneys and employees from any claim, action or
proceedings brought against any of the above, the purpose of which is to attack, set
aside, void, or annul the approval of this application or certification of the environmental document which accompanies it. This indemnification obligation shall include but not be limited to, damages, costs, expenses, attorneys’, or expert witness fees that may be asserted by any person or entity, including the Applicant, whether or
not there is concurrent passive or active negligence on the part of the City, its agents,
officers, attorneys or employees.
4. There shall be no outside display of prices, banners, flags or other attention getting devices on the property relating to the supermarket unless the required permits are obtained.
5. All truck deliveries and truck access to the rear of the supermarket shall be restricted
to the hours of 7 a.m. to 7 p.m. on week-days and 9 a.m. to 7 p.m. on week-ends.
6. Truck trailers shall not be stored on site. They shall only be in the truck dock while being unloaded.
7. There shall be no exterior coin operated machines or other retail displays on the
exterior of the building with the exception of the propane tank enclosure on the west
side of the building.
8. All exterior signs shall be subject to Development Services Staff review prior to issuance of a sign/building permit.
9. The trash compactor shall not be operated prior to 7 a.m. or after 9 p.m.
10. The trash and recycling enclosure including the walls, gates and roof structure shall
be painted to match the colors of the market building.
11. All new rooftop equipment shall be located as far from the rear building wall as feasible.
12. The signage shown on the front building elevation on the attached Design Plan set is
for illustration purposes only and not part of this approval. All signage for the
supermarket shall be approved by the Development Services Department under a separate permit prior to issuance of a building permit.
13. Employees shall park in the spaces designated for employee parking or close as possible to those spaces.
14. The hours of the supermarket shall not be earlier than 6 a.m. or later than 11 p.m.
15. The use of the recycling bin area shall be restricted to the hours of 7 a.m. to 9 p.m.
16. No amplified sound shall be used in association with the grocery pickup operation, including music, announcements, or other audio intended for customers. All communication with customers during pickup shall be conducted without the use of
loud speakers, public address systems, or similar amplified devices.
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17. The exterior repainting of the building shall match and maintain the same color scheme as previously approved under Resolution No. 2013-12 and as shown on the
Mountain Shadows Plaza color board.
18. Applicant shall coordinate with Development Services Department on placing of the construction staging area prior to issuance of building permit. The staging area shall not be located behind the store.
19. Show fire lanes on plans and ensure construction does not interfere with existing fire
lanes.
20. Ensure fire lanes are marked appropriately per Rohnert Park Information Bulletin 003-2020.
21. Cloud all corrections on plans and provide a comment letter to Rohnert Park Fire Department addressing comment 19 & 20.
22. Stockpiling of dirt, rock, sand, gravel, aggregate or clay in quantities of 50 cubic
yards or less shall not exceed a period of ten days. If stockpiling exceeds this limit, or if more than 50 cubic yards of material is moved, a grading permit shall be required.
BE IT FURTHER RESOLVED that the said action shall not be deemed final until the
appeal period has expired and that the appeal period shall be ten (10) working days from the date
of said action. No building permits shall be issued until the appeal period has expired, providing there are no appeals.
DULY AND REGULARLY ADOPTED on this 8th day of May, 2025 by the City of Rohnert Park Planning Commission by the following vote:
AYES:_____ NOES:_____ ABSENT:_____ ABSTAIN:_____
AUSTIN-DILLON____ EPSTEIN____ LAM____ ORLOFF____ CAMPBELL____
Attest: ________________________________ Clotile Blanks, Recording Secretary Attachments:
1. Exhibit A – Applicants Design Package