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2015/01/22 Planning Commission Resolution (2)PLANNING COMMISSION RESOLUTION NO. 2015-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN AND ARCHITECTURAL REVIEW FOR FIREARM AND FIREARM AMMUNITION RETAIL SALES IN THE C-R (REGIONAL COMMERCIAL) DISTRICT LOCATED AT 5195 REDWOOD DRIVE (APN 045-082-057) PLSU2014-0007 WHEREAS, the applicant, Mark Cunningham, Planning Application No. PLSU2014- 0007 proposing the sale of outdoor sporting good including firearms and firearm ammunition sales at 5195 Redwood Drive (APN 045-082-057), in accordance with the City of Rohnert Park Municipal Code ("RPMC"); and WHEREAS, Planning Application No. PLSU2014-0007 was processed in the time and manner prescribed by State and local law; and WHEREAS, this project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) Class 1 Section 15301 Existing Facilities Project, No further action is required pertaining to environmental review; and WHEREAS, pursuant to California State Law and the RPMC, public hearing notices were mailed to all property owners within an area exceeding a three hundred foot radius of the subject property 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 January 22, 2015, the Planning Commission held a 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 the information contained in Planning Application No. PLSU2014-000 for the proposed Conditional Use Permit and Site Plan and Architectural Review. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Rohnert Park makes the following findings, determinations and recommendations with respect to the proposed Conditional Use Permit and Site Plan and Architectural Review: Section 1. The above recitations are true and correct. Section 3. Findings Regarding: Conditional Use. The Planning Commission hereby makes the following findings concerning the Conditional Use Permit proposed by Planning Application No. PLSU2014-0007 pursuant to Rohnert Park Municipal Code section 17.25.014: That the proposed location of the conditional use is consistent with the objectives of the zoning ordinance and the purposes of the district in which the site is located; Criteria Satisfied. The Conditional Use Permit permits the sale of firearms and ammunition is incidental to the total retail sales in the facility. The sale of firearms and ammunition will comply with all of the requirements of the Public Safety Department. 2. That the proposed location of the conditional use 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 sale and storage of firearms will be in a secure location at the southwest corner of the building. Firearms and ammunition will be secured in this area when the business is closed and 24 hour video security will be provided. 3. The proposed conditional use will comply with each of the applicable provisions of this title. Criteria Satisfied. Conditions are attached to the approval to assure that the proposed use will comply with all provisions of the Zoning Ordinance. Section 4. Findings Regarding: Site Plan and Architectural Review. Factors considered. The Planning Commission, in approving Planning Application No. PLSU2014- 0007, makes the following factors, to wit: 1. That the developments general appearance is compatible with existing development and enhances the surrounding neighborhood. Criteria Satisfied. Additional parking on the site will be provided to conform to the parking requirement in the Zoning Ordinance for retail sales. New landscaping will be provided for the new parking on the west side of the building and a ten foot wide landscape strip will be provided along the west side of the site. The exterior of the building will be painted to improve its appearance. 2. That the development incorporates a variation from adjacent on-site and off-site structures in height, bulk, and area; arrangement on the parcel; openings or breaks in the fagade facing the street; and/or the line and pitch of the roof. Criteria Satisfied. The existing building will remain and will be painted a new color scheme. A small addition at the rear of the building will be removed and the area replaced with parking and landscaping. 3. That the development will be located and oriented in such a manner so as to provide pedestrian, bicycle and vehicular connections with adjacent properties, as appropriate, and avoids indiscriminate location and orientation. Criteria Satisfied. Access to the property is from two existing driveways on Redwood Drive. A path -of -travel will be provided to Redwood Drive. Section 5. A duly noticed public hearing on the proposed Conditional Use Permit was held on January 22, 2015. NOW, THEREFORE, BE IT FURTHER RESOLVED, THAT the Planning Commission does hereby adopt the Findings stated hereinabove and approve the Conditional Use Permit and Site Plan and Architectural Review in its entirety and subject to the recommended conditions of approval as provided for in Exhibit A. DULY AND REGULARLY ADOPTED on this 22nd day of January, 2015 by the City of Rohnert Park Planning Commission by the following vote: Attest: V AYES: NOES: ABSENT: ABSTAIN: BLANQUIE Y BORBA A�4�ADAMS �GIUDICE HAYDON Attest: Exhibit A CONDITIONS OF APPROVAL PLSU2014-0007 RETAIL SALES OF OUTDOOR SPORTING GOODS INCLUDING FIREARMS AND AMMUNITION GENERAL CONDITIONS 1. The Conditional Use Permit approval shall expire one year from the Planning Commission approval date, unless prior to the expiration a building permit is issued and construction is commenced and diligently pursued toward completion and the use is initiated, or an extension is requested and approved. 2. The applicant shall comply with Exhibits A through E approved by the Planning Commission at its meeting on January 8, 2015. 3. If the City is required to enforce any of the conditions of approval the applicant shall pay all costs. The applicant shall secure all necessary permits and clearances from the Rohnert Park Building Department prior to commencement of construction. 4. The applicant agrees to indemnify, hold harmless and defend the City, its officers, agents elected and appointed officials and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this Project and associated entitlements pertaining to the applicant's proposal save and except that caused by the City's active negligence. PLANNING 5. All improvements shall conform to the approved site plan, floor plans, building elevations and landscape plan. 6. Any roof and ground mounted mechanical equipment shall be screened from public view, details subject to Planning and Building review. 7. All construction material waste and other debris shall be recycled to the extent possible. The applicant shall present a "clean site everyday" program to City building staff for approval. No animals shall be brought on-site by construction personnel during work hours. The construction site shall be posted with the job site rules in both Spanish and English. The landscaping shall be maintained in an attractive weed free and litter free condition at all times. 9. All new landscaping shall be provided with an automatic irrigation system. 10. There shall be no banners or other temporary signs or attraction getting devices displayed on the property, without the appropriate permit. 11. The use of any A -Frame signs, portable signs, sandwich -board signs, pennants, banners, flags or human -held signs on the premises or along the Redwood Drive frontage is strictly prohibited without proper approval from the City. 12. Recycling shall be conducted in accordance with accepted practices as directed by Sonoma County Waste Management Agency. 13. The developer shall comply with the construction hours pursuant to Municipal Code Section 9.44.120. 14. A Master Sign Program shall be submitted and considered by the Planning Commission prior to the installation of any signs. 15. All existing lighting shall be upgraded to LED lighting details subject to the Deputy Chief Building Official. 16. All refuse containers shall be located within the building or within a covered enclosure in conformance with Municipal Code Section 17.12.130 Trash Enclosures, details subject to the Development Services Director. 17. The applicant shall apply for a Temporary Use Permit prior to any outdoor display of merchandise or special outdoor event. 18. The sale and storage of firearms and ammunition shall conform to all the requirements of the Public Safety Department. 19. Not more than 7.7 percent of the gross floor area of the building shall be devoted to the sale and storage of firearms and ammunition. 20. This project will require deferred permits for the Fire Sprinkler system and Fire Lane system. The permit applications and permit fees must be submitted to the City of Rohnert Park Fire division prior to any commencement of construction on either of these systems. 21. A deferred recalculation of the Fire Sprinkler System will be required if the owner/applicant would like to discontinue the use of the existing Fire Pump and re -design the Fire Sprinkler system. 22. Fire lanes/markings shall be reviewed during Fire Division construction inspections. 23. Bicycle parking shall be provided details, subject to Development Services Department approval.