Approving, subject to conditions, a conditional use permit for Wal-Mart- located at 2025 Sebastopol Road

November 28, 2006



 WHEREAS, an application was filed by Robert A. Karn & Associates, Inc. with the Department of Community Development requesting the approval of a Conditional Use Permit (CUP04-122) for a 101,048 square foot general merchandise retail store and a 4,900 square foot garden center ("Project"), to be located at 2025 Sebastopol Road in the Stony Point Plaza Shopping Center, also identified as Sonoma County Assessor's Parcel Number(s) 010-410-011; and

 WHEREAS, the Planning Commission of the City of Santa Rosa, after mailed and published notice, held a public hearing  on September 28, 2006, on the conditional use permit application at which all those wishing to be heard were allowed to speak or present written comments and other materials; and

 WHEREAS, the Planning Commission considered the application, the staff reports, oral and written, the General Plan and zoning on the subject property, the testimony, written comments, and other materials presented at the public hearing; and

 WHEREAS, the Planning Commission of the City of Santa Rosa on September 28, 2006, adopted Resolution No. 10990, certifying the Final Environmental Impact Report ("FEIR") for the Stony Point Plaza Shopping Center Wal-Mart Project; and

 WHEREAS, the Planning Commission of the City of Santa Rosa, on September 28, 2006, adopted Resolution No. 10991, adopting the Mitigation Monitoring and Reporting Program and adopting the Statement of Overriding Considerations, and approving the Conditional Use Permit for Wal-Mart, subject to conditions; and

 WHEREAS, on October 6, 2006 and October 9, 2006, three appeals of the Planning Commission decision to approve the Conditional Use Permit were received by Robert Karn & Associates on behalf of Wal-Mart, William D. Kopper on behalf of Julie Lumine et. al. and Scott Stegeman on behalf of Citizens Against Wal-Mart; and

 WHEREAS, on November 28, 2006, the Council of the City of Santa Rosa, held a public hearing on the appeals of the Planning Commission decision to approve the Conditional Use Permit as conditioned under Resolution No. 10991.

 NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Santa Rosa, in the exercise of its independent judgment, and based upon all the evidence in the record (including but not limited to all application materials, the Final Environmental Impact Report including the Draft EIR,  the written and oral staff reports, and the oral and written comments 
received by the City, and pursuant to City Zoning Code Section 20-52.050 (Conditional Use Permit), the Council of the City of Santa Rosa finds and determines as follows:

A. The proposed use is allowed within the applicable Planned Development (PD) zoning district and complies with all other applicable provisions of this Zoning Code and the City Code in that the general retail merchandise store is consistent with uses allowed in the subject shopping center site established under the PD designation (former PC-Planned Community District), which promotes the development or enlargement of commercial districts in close proximity to residential areas.  Because of the like-commercial use, the Project would be consistent with the functioning and use of other commercial buildings at the shopping center and no significant adverse land use incompatibility impacts were identified.  Accordingly, the Project's commercial use is in keeping with the zoning classification and development plan; and 
B. The Project is consistent with the General Plan and any applicable specific plan in that the retail land use is consistent with the Retail and Business Services land use designation and would replace an existing anchor tenant retail use within the existing Stony Point Plaza shopping center.  As a general merchandise retail outlet intended to provide shopping opportunities for residents of Santa Rosa and the surrounding area, the Project would be consistent with the General Plan Retail and Business Services land use classification.  The proposed use also is an existing land use recognized in and consistent with the Southwest Area Plan, the objective of which is to create livable neighborhoods where services and community needs would be met within a short distance of the home.  The Project seeks to develop a commercial project, in furtherance of these goals and policies.  Further facts to support these findings on General Plan and Southwest Area Plan consistency are set forth in the DEIR in Table 3.1-1, Consistency Analysis of the Wal-Mart Project with the Relevant Provisions of the Santa Rosa 2020 General Plan; and
C. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity in that the retail anchor tenant is compatible with the existing shopping center use, and the use has been designed and conditioned to ensure land use conflicts would not result.  The Project has been designed in conformance with the City of Santa Rosa's Design Guidelines, which standards apply to other commercial developments in the vicinity, making existing and future developments consistent with each other.  Furthermore, the Project would revitalize a vacant and decaying portion of an existing shopping center and enhance the overall appearance of the area.  As to the Project's operational characteristics, the loading dock has been moved from its original location to the northern-most portion of the rear away from the nearest residents and truck deliveries will be restricted from 10:00 p.m. to 7:00 a.m. in order to minimize noise impacts and land use conflicts with the residential neighbors; and
D. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints in that the development is within an existing shopping center and replaces existing retail uses within the existing footprint of the approved development plan, and site improvements will be made by the applicant to address any increase in traffic as a result of the new general retail use, such as a re-striped parking field with wider driving aisles, improved circulation aisles, and upgraded landscaping; and
E. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located in that the proposed project will fill a retail market vacancy and provide new vibrancy to the area.  This revitalization in turn will discourage the potential for nuisance or other detrimental effects. The DEIR analyzed the Project's environmental impacts and any significant effects are to be mitigated, where feasible.  Consequently, the Project is designed and will operate in such a way that minimizes potential impacts to the neighboring residences that might constitute a nuisance.  Therefore, the site plan, building design and use characteristics would not create any potential for nuisance or other detrimental effects; and
F. The City Council has reviewed the Project in compliance with the California Environmental Quality Act ("CEQA").  The Planning Commission found, by separate resolution incorporated herein by reference, that the FEIR has been completed in compliance with CEQA, that the Planning Commission has reviewed and considered the FEIR, and that the FEIR reflects the independent analysis and judgment of the City. 
All records regarding the Wal-Mart project and FEIR are available at the Department of Community Development, Room 3, Santa Rosa City Hall.


Attached to this resolution as Exhibit A and incorporated and adopted as part of this resolution herein, is the Findings of Fact and Statement of Overriding Considerations for the Stony Point Plaza Shopping Center Wal-Mart Project.  The Statement of Overriding Consideration sets forth that specific economic, legal, social, technological and other anticipated benefits of the Project outweigh the unavoidable adverse environmental impacts of the Project and, therefore, approval of this Project is justified.


Attached to this resolution as Exhibit B and incorporated and adopted as part of this resolution herein is the Mitigation Monitoring and Reporting Program for the Stony Point Shopping Center Wal-Mart Project.  The Program identifies the mitigation measures to be implemented in conjunction with the project, and designates responsibility for the implementation and monitoring of the mitigation measures, as well as the required timing of their implementation.

 BE IT FURTHER RESOLVED, that this Conditional Use Permit is subject to all applicable provisions of the Zoning Code, including Section 20-54.100 (Permit Revocation or Modification).

 BE IT FURTHER RESOLVED that a Conditional Use Permit for Wal-Mart, to be located at 2025 Sebastopol Road, is approved subject to each of the following conditions:


1. Compliance with the latest adopted ordinances, resolutions, policies, and fees adopted by the City Council at the time of building permit review and approval.  All fees must be paid prior to issuance of a building permit.
2. The address shall be displayed in a prominent location on the street side of the property.  The numbers shall be no less than 6-inches in height and shall be of a contrasting color to the background to which they are attached.  The address shall be illuminated during hours of darkness per City "Premises Identification" requirements.

3. This Conditional Use Permit shall be valid for a two-year period.  If construction has not begun or if an approved use has not commenced within two (2) years from date of approval, this approval shall automatically expire and shall be invalid unless an application for extension is filed prior to expiration.
4. If implemented within the initial approval period in accordance with all conditions of approval, this Conditional Use Permit shall be valid for the duration of use.


5. This use permit approval is granted to allow a 101,048 square foot general retail discount store and a 4,900 square foot garden center use operating 24 hours a day within a new building (replacing the existing vacant 98,760 square foot home improvement warehouse retail anchor tenant and drug store tenant on APN 010-410-011).  The Site Plan dated October 30. 2006 is adopted.  The Design Review Board, however may allow minor changes to address tree wells, etc. in granting Final Design Review approval.

6. Truck delivery hours shall be restricted from 10:00 PM to 7:00 AM daily in order to minimize truck delivery noise along the westerly property line adjacent to the Casa Del Sol residential complex.  Truck engine idling also shall be restricted.

7. All approved uses, activities, etc. shall be conducted within approved enclosed areas so that adverse noise impacts on adjacent residential uses shall not result.

8. The 24 hour business operations shall be subject to the additional Police Department condition that requires review of these hours within 6 months of full business operations.

9. If alcohol sales are pursued the applicant shall pursue a modification to the conditional use permit to allow this additional sales component.

10. Wal-Mart shall sweep its parking field twice per day.

11. Overnight recreational vehicle parking or camping within the parking lot shall be prohibited.


12. No outdoor displays shall be permitted on the walkway in front of the store.  Seasonal outdoor sales events may be allowed as permitted by the Zoning Code.

13. The walkways shall be kept clear for pedestrian use, and shall not be used for storage of merchandise or carts.

14. A suitable and conveniently located cart storage area shall be provided within the store interior.  This and shall be indicated on floor plans submitted for building permits. 

15. The parking area shall be kept clear of shopping carts.  Carts shall be routinely collected by staff and returned to the internal storage area. 

16. The property owner shall be responsible for ensuring the project site and building improvements are maintained in compliance with Design Review approvals.  This shall include continued maintenance of building appearance, site landscaping, parking areas, walls and all physical improvements in good repair and condition.

17. Bicycle parking spaces and lockers shall be provided and maintained in compliance with SRCC Section 20-36.090.

18. Shower facilities shall be provided and maintained in compliance with SRCC Section 20-36.090, Table 3-7.

19. Wal-Mart will implement a Ride Share Program at the store which will include a variety of creative measures and incentives to encourage Associates to consider bicycling, walking, carpooling, and riding public transit to work and discourage driving to work alone.   


20. Plans showing final building architecture, site plan improvements and details shall be submitted for review and approval by the Design Review Board to verify compliance with City design guidelines and design preferences.  Final design review plans shall specifically address the following:
A. Details for a physical connection to be provided between the site and Joe Rodota Trail.
B. Enhancements to the walkway in front of the store shall be accomplished to improve pedestrian safety and friendliness.
C. Show proposed site and landscape revisions and off-site improvements required to accommodate the traffic signal and right turn lane improvements on Sebastopol Road.
D. Provide details of the new barrier wall between the project and Casa Del Sol.
E. Show details of any proposed new lighting standards revised to comply with SRCC  Section 20-30.080; which establishes a maximum 14-foot tall height limit for light standards, as well as illumination and shielding requirements.
F. Show bicycle parking facilities and details in compliance with SRCC Section 20-36.090.
G. Show bus shelter improvements and/or locations.
H. Provide details of all exterior improvements such as those listed in Construction Notes.   Pursuant to the City Zoning Code, the design, appearance and materials of new site features and improvements are subject to Board approval for compliance with City design standards.
21. The property owner shall obtain Design Review approval for modification of the adjacent shop building, on APN 010-040-008, which is being partially demolished to install additional on-site parking.  Building permits shall be obtained and this work shall be completed concurrent with building permits issued for the Wal-Mart project.

22. A certified consulting arborist shall evaluate the proposed construction of the new barrier wall and any other site work within root zone of trees.  Tree protection measures shall be recommended by the arborist and shall be included in construction drawings submitted with building permits.  Tree protection measures on the plans shall include sufficient notes and details that will adequately instruct contractors of the proper techniques that must be employed when working within tree root zones. 

23. Tree protection and mitigation shall be required in compliance with the City Tree Ordinance in SRCC Article 17-24, as specified further below.

24. The applicant shall be responsible for installing the traffic signal and dedicated right turn lane improvements that are required on Sebastopol Road to mitigate for increased vehicular traffic generated by the project.  Prior to issuance of building permits, the applicant and City shall determine the applicants fair share cost for the traffic signal improvement, and agree upon a method of recovering any costs that may exceed the applicants fair share contribution.

25. Plans submitted for building permits shall match plans approved by the Design Review Board, and shall address all conditions and City Standards.


26. The project shall comply with the Mitigation Measures specified in the Mitigation Monitoring and Reporting Program (Exhibit "B") which are adopted for the project.  Staff shall be responsible for checking plans for compliance prior to issuance of building permits, during and post construction as indicated in the program.


27. The applicant is advised of the following requirements of the Building Division:
A. Obtain a building permit prior to the removal and/or demolition of any structures.
B. Obtain building permits for the new building construction and related site work.
C. A soils report is required with the submittal of the permit application.
D. The architect shall demonstrate the allowable floor area for the buildings comply with building code occupancy classification and type of construction. The proposed occupancy shall comply with State Title 24 Access Regulations.
E. The site parking data shall indicate the number of required accessible parking spaces.
F. The building permit application needs to include site grading, drainage and improvement plans.
G. An Automatic fire sprinkler system shall be installed in all new construction per the Code of the City of Santa Rosa.
H. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with Santa Rosa City Ordinance.
28. A building permit is required for all interior and exterior changes or for any change of occupancy from one building code group to another.
29. Grading and Drainage of the site must be per the approved plans.  Site drainage shall be to the curb, under the sidewalk, per City standards.
30. A soils report must be submitted with an application for building permit.  Check with the Building Division prior to submittal to determine the level of report necessary for the project or if a soils report is on file for the subject property.
31. Any existing zoning or building violations must be cleared prior to or in conjunction with any new permits.
32. Comply with all Federal, State and local codes, disabled access included.


33. Compliance with all conditions as specified by the attached Engineering Exhibit "A".


34. Compliance with City Graffiti Abatement Program Standards for Graffiti Removal (City Code 10-17.080),
A. All project details shall be in accordance with the restrictions and limitations of the City Zoning and Uniform Building Codes, as well as the City's Design Review Guidelines.
B. The design of all fencing, sound walls, carports, trash enclosures, and similar accessory site elements shall be compatible with the architecture of main buildings and shall use similar materials.  The design must be approved by the Planning Division prior to issuance of a building permit.
C. All roof appurtenances, accessory equipment, and meters must be totally screened from public view by an architecturally design element approved by the Design Review Board or Planning Division.
D. All outdoor storage of materials or refuse bins/cans shall be maintained within a completely screened structure or area.  The design of the screened structure or area shall be approved by the Planning Division prior to issuance of a building permit.
A. Tree Preservation notes and protection during construction notes shall be shown on the improvement plans and building plans.  The tree driplines shall also be shown on each drawing with the attendant protection instructions.
B. Prior to issuance of a grading or building permit for any clearing, excavation, construction, or other work on the site, a protection zone shall be established to protect natural vegetation and trees from construction activities.  The following conditions and restrictions shall apply:
i. The zone shall encompass the "protected perimeter" which shall be either the root zone or other limit as established in this approval.
ii. The zone shall be delineated with a brightly colored construction fence.  Such fences shall remain continuously in place for the duration of all work undertaken on the site.
iii. No storage or construction activities (including trenching, grading or filling) shall be permitted within the protected zone.
iv. No burning or use of equipment with an open flame shall occur near or within the protected perimeter.
v. All brush, earth, and other debris shall be removed in a manner which prevents injury to the protected trees and/or shrubs.
vi. No oil, gas, chemicals, or other substances that may be harmful to trees shall be stored or dumped within the protected perimeter or any other location from which substances might enter the perimeter of a protected tree.
C. The contractor(s) shall be notified in writing by the developer of the "Protection Zone."  Copies of the letter shall be provided to the Planning and Building Divisions prior to issuance of a building or grading permit for any site work.
D. The protection zone delineated with the brightly colored construction fence shall be posted with signs which state "Tree/Vegetation Protection Zone -- No Construction or Storage Permitted."
E. Irrigation systems, and plant varieties which require regular watering shall not be permitted within the dripline of an Oak tree which is to be preserved.
F. No concrete or asphalt paving or compaction of soil shall be permitted within the root zones of protected trees.
G. Any special work, including mitigation, within the "Protection Zone" must be done under the supervision of a City approved certified arborist.
A. All required landscaping and irrigation must be installed prior to occupancy per the approved final plans.
B. Construction drawings submitted for issuance of a building permit shall include final landscape and irrigation plans, except where not required.
C. All landscaping must be continuously maintained in a healthy and attractive condition, free of weeds and debris, in accordance with the approved plans.  Dead and dying plant materials shall be replaced with healthy specimens as necessary.
D. Street trees will be required and shall be planted by the developer.  Selection will be made from the City's approved Master Street Tree Plant List in coordination with the City Parks Division.  Planting shall be done in accordance with the City "Standards and Specifications for Planting Parkway Trees."  Copies of the Street Tree List and the Planting Standards are available at the Parks Division office.
A. All exterior lighting shall be shown and specified on the plans submitted for issuance of a building permit in accordance with the Design Review approval.
B. Light sources shall be concealed from public view.
C. All lighting shall be directed toward the subject property and away from adjacent properties.
D. The mounting height of lighting fixtures in parking and storage areas shall not exceed 14-feet in height.  Lower mounting heights are encouraged.
A. The parking lot shall be paved to City standards.
B. The parking lot shall be provided with concrete curbing around all planter areas unless specifically approved by the Department of Community Development in some other fashion.
C. The parking lot shall be striped according to City standards and all handicapped and compact spaces shall be identified and marked accordingly.
D. Bicycle parking shall be provided in accordance with Zoning Code requirements.  The location and number of spaces shall be shown on the site plan submitted for issuance of a building permit.
A. No exterior signs, banners, or the like are approved with this permit. A planning sign permit application is required for all signs.
B. A planning sign permit application is required for all signs.
C. Sign permit approval shall be obtained prior to application for a building permit.
D. Building permits for sign installations shall be separate permits from other building permits issued for construction.
E. Building permits for sign installations shall be separate permits from other building permits issued for construction.


41. The applicant is advised of the following Police Department requirements which shall be included in the applicant's project:
A. If 24 hours of operation are approved for this use, this shall be subject to review by the Police Department after six months of full business operations to determine if the hours of operation have caused any significant impacts on police calls for service.  The applicant shall request a report and determination from the Police Department after 6 months of full business operations.  If significant impacts on police calls for service are identified by the Police Department, the use shall be required to close between the hours of 11 PM and 6 AM, unless modified hours are requested by the applicant and approved by the Planning Division. 
B. The parking lot and access thereto, shall be provided with a minimum maintained one foot candle of light on parking surfaces during hours of darkness.  Lighting devices shall be protected with weather and vandal resistant covers.
C. All exterior doors shall be equipped with a lighting device which shall provide a minimum maintained one foot candle of light at ground level during hours of darkness.  Lighting devices shall be protected by weather and vandal resistant covers.
D. Roof access to the building should be internal only, with locking devices.  Air conditioning and heating ducts to the building should be barred to prevent unauthorized access to the interior.
E. Exterior architectural features to the building shall not be designed in a manner which allows access to the roof areas.
F. Landscaping shall be well maintained to allow good visibility.  Trees, shrubs, and berms shall not block the view of entrance/exits or window.  New berms shall not exceed 2-3 feet in height.
G. Trees in the parking areas shall not be located near the parking lot lighting devices if the disbursement of light will be limited as the tree matures.  Landscape and lighting plans shall be designed and show no conflicts would result.
H. Premise identification shall be in compliance with City Code 18-16.034 and the Fire Department Illuminated Address Bulletin.  Address numerals shall be no smaller than six (6) inches in height and clearly visible from the street.
I. The applicant shall work with the Police Department to resolve issues should problems develop which are not readily apparent at this time or if the applicant fails to adequately manage public safety or security issues.  If public safety or security issues persist the Police Department shall pursue action to add or modify conditions or take other appropriate measures to address issues.
J. The project developer, owner, or general contractor shall provide the Santa Rosa Police Department's Communications Division with a list of at least 2 persons who will be able to respond to the site after normal business or construction hours in the event of an emergency.
K. A copy of the conditions of approval for the Conditional Use Permit must be kept on the premises of the establishment and be presented to any peace officer or any authorized city official upon request.


42. The applicant is advised of the following Transit Department requirements:

A. There are currently two bus routes that serve the Value Center, Routes 9 and 15.  There are two bus stops that are adjacent to this project, both on Route 15:  one on Stony Point Road and the other on Sebastopol Road.  Since this project is likely to generate substantial CityBus ridership, staff recommends that bus shelters be provided at both stops or an in-lieu fee of $5,000 be provided for each shelter.
B. There is an existing bus stop on Route 9 located on eastbound Sebastopol Road at Kenmore Lane.  To access this bus stop from the Value Center, passengers must cross Sebastopol Road at Kenmore.  Currently, there is no crosswalk to facilitate pedestrian crossing.   This bus stop will become more frequently used with this proposed project.  Therefore, staff recommends, as an off-site improvement, that the bus stop be relocated closer to Stony Point Road to facilitate a safer pedestrian crossing.   Modifications or alternatives to this requirement shall be subject to approval of Transit Department staff, at (707) 543-3334

 NOW, THEREFORE, BE IT RESOLVED, that the City Council finds and determines this entitlement to use would not be granted but for the applicability and validity of each and every one of the above conditions and that if any one or more of the above said conditions are invalid, this entitlement to use would not have been granted without requiring other valid conditions for achieving the purposes and intent of such approval.

IN COUNCIL DULY PASSED this 28th day of November, 2006.

AYES:  (5) Mayor Bender; Councilmembers Blanchard, Condron, Martini, Pierce

NOES:  (2) Councilmembers Rabinowitsh, Sawyer
ABSENT:  (0)


ATTEST: Susan Stoneman, City Clerk   APPROVED: Jane Bender, Mayor


Brien Farrell, City Attorney