2001/10/09 City Council Resolution (9)RESOLUTION NO. 2001- 215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, APPROVING AN APPEAL OF A RESIDENTIAL PARKING
EXEMPTION FOR PROPERTY LOCATED AT 1135 COPELAND CREEK DRIVE
(Cleophas Garcia)
WHEREAS, the Planning Commission denied a residential parking exemption for
property located at 1135 Copeland Creek Drive in accordance with the City of Rohnert Park
Municipal Code;
WHEREAS, the appellant, Cleophas Garcia, filed an appeal of the Planning
Commission's decision;
WHEREAS, on September 11, 2001, the City Council directed that a public hearing on
the submitted appeal be held, in accordance with the City of Rohnert Park Municipal Code;
WHEREAS, pursuant to California State Law, public hearing notices were transmitted to
all property owners within a 300 foot radius of the subject property, and a public hearing was
published for a minimum of 10 days prior to the public hearing on the appeal in the Press
Democrat;
WHEREAS, on September 25, 2001, the City Council held a public hearing at which
time interested persons had an opportunity to testify either in support or opposition to the appeal;
and,
WHEREAS, the City Council of the City of Rohnert Park has reviewed and considered
the information contained in the Staff Report and all relevant materials regarding the appeal.
NOW, THEREFORE, THE CITY COUNCIL 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 City Council, in approving the appeal of Planning
Application No. PL2001- 043UP: hereby affirms the following findings, to wit;
Residential Parking Exemption
1. That neither present nor anticipated future traffic volumes generated by the use on the site or
the uses on sites in the vicinity, reasonably require strict or literal interpretation and
enforcement of the specified regulations.
The existing use of the site as a single - family residence would not change and the traffic
generated by the existing single- family residence would not be expected to increase with the
garage encroachment.
Resolution No. 2001 -215
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2. That the granting of the use permit will not result in the parking or loading of vehicles on
public streets in such a manner as to interfere with the free flow of traffic on the streets.
The garage and driveway will continue to provide on -site parking for the residence. No
interference in area traffic flow will occur as a result of this project.
3. That the granting of the use permit will not create a safety hazard or any other condition
inconsistent with the objectives of the zoning ordinance
The use permit would be in compliance with the objectives of the zoning ordinance and
would not create a safety hazard due to the encroachment into the garage.
Section 3. Environmental Clearance. The project is categorically exempt from the
California Environmental Quality Act, pursuant to Public Resources Code Section 15303 (Class
3 — New Construction or Conversion of Small Structures).
NOW THEREFORE BE IT RESOLVED, that the City Council does hereby approve
the appeal and reverses the Planning Commission's denial of Application No. PL2001- 043UP:
Residential Parking Exemption, subject to the following conditions:
1. The use permit approval shall expire one year from the City Council approval date,
unless prior to the expiration a building permit is issued for the garage change, or an
extension is requested and approved.
2. The applicant 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 applicant shall obtain all necessary permits and clearances from the Rohnert Park
Building and Public Safety Departments for the garage encroachment.
DULY AND REGULARLY ADOPTED on this 9th day of October, 2001, by the City
of Rohnert Park City Council by the following vote:
CITY OF ROHNERT PARK
FLORES: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)