2015/12/10 Planning Commission Resolution (2)PLANNING COMMMISSION RESOLUTION NO. 2015-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT, SITE PLAN AND ARCHITECTURAL REVIEW FOR CHICK-FIL-A
RESTAURANT 5080 REDWOOD DRIVE (APN 045-083-002)
(Joel Phillips 4G Development)
WHEREAS, the applicant, Joel Phillips 4G Development, filed Planning Application
No. PLSU2015-0003 for a Conditional Use Permit, Site Plan and Architectural Review to allow
a conversion of a former Fresh Choice Restaurant into a Chick -A fil Restaurant with a drive-thru
on property located at 5080 Redwood Drive (APN 045-083-002), in accordance with the City of
Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PLSU2015-0003 was processed in the time and
manner prescribed by State and local law;
WHEREAS, public hearing notices were transmitted to all property owners 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;
WHEREAS, on December 10, 2015, the Planning Commission reviewed Planning
Application No. PLSU2015-0003 at which time interested persons had an opportunity to testify
either in support of or opposition to the project; and,
WHEREAS, at the December 10, 2015, Planning Commission meeting, upon
considering all testimony and arguments, if any, of all persons desiring to be heard, the
Commission considered all the facts relating to Planning Application No. PLSU2015-0003.
NOW, THEREFORE, THE PLANNING COMMISSION 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. Factors considered. The Planning Commission, in approving Planning
Application No. PLSU2015-0003, makes the following factors, to wit:
A. That the developments general appearance is compatible with existing development
and enhances the surrounding neighborhood.
Criteria Satisfied. The remodeled restaurant building with a drive-thru will have an
attractive appearance and will be compatible with other commercial buildings in the
vicinity. The proposal will result in removal of dead trees on the property and the
installation of new landscaping materials. There will be an increase in plant material on
the property.
R 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 A portion of the existing building will be removed to accommodate the
drive-thru. The new building walls will match the existing structure in design and the
building will be painted attractive colors. Metal awnings will be placed over all of the
windows and the main entrance to the restaurant.
C. 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 Satisi7ed. The proposed restaurant is located at the intersection of two major
arterials in the city. Path -of -travel will be provided to Redwood Drive for pedestrian
access and there are bike lanes on adjacent streets for bicycle access.
D 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 new restaurant is replacing an existing facility that was in
operation for a number of years. The new restaurant will be consistent with the
objectives of the Zoning Ordinance and the purposes of the C-R Regional Commercial
District.
E. 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 the
operation and maintenance of the Conditional Use will be compatible with the
surrounding uses.
Criteria Satisfied. The new restaurant will be compatible with other uses on adjacent
properties and in the immediate area. The existing previous restaurant operated at this
location for many years with no known detriment to the surrounding properties or uses.
F. The proposed Conditional Use will comply with each of the applicable provisions of this
title.
Criteria Satisfied. In evaluating this project it has been found that it complies with all of
the provisions of the Zoning Ordinance.
Section 3. Environmeiital Clearance. This proposal is categorically exempt from the
requirements of the California Environmental Quality Act (CEQA) Class 1 Section 15301
Existing Facilities. No further action is required pertaining to environmental review.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PLUP2015-0003 subject to the following conditions:
1. The Conditional Use Permit, Site Plan and Architectural Review 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 facility shall comply with any and all applicable provisions of the Rohnert Park
Municipal Code and any state or federal agency.
3. Any landscaping damaged during construction shall be replaced.
4. The proposed flag pole shall only display the United States flag and the California
State flag.
5. The reader board shall be deleted from the monument sign.
6. The applicant shall submit and receive approval for a Sign Review Application
prior to installation of any signs.
7. All exterior lighting shall be LED including the existing pole lights on the
applicant's property.
8. Additional plant material shall be installed in the planter along the Golf Course
Drive frontage of the property details subject to Development Services Department
staff approval.
9. The refuse enclosure shall have a drain connected to the sanitary sewer details
subject to approval of the Development Services Department.
10. Applicant shall tap into the adjacent recycled water line for landscaping irrigation.
11. The proposed handrail shall be ADA compliant and shall at the minimum include a
mid -rail and D return.
12. If applicant needs to access water and sewer utilities, an additional encroachment
permit will be required.
13. All passage ways shall have a minimum 2% cross slope.
14. Sidewalk adjacent to any driveway on the applicant's property shall be constructed
to be ADA compliant.
BE IT FURTHER RESOLVED that 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 10th day of December, 2015 by the
City of Rohnert Park Planning Commission by the following vote:
AYES: J NOES: ABSENT: ABSTAIN:
ADAMS BLANQUIE �BORBA GIUDICE HAYDON
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I
iel B1anclu', , i•son, Rohnert Park Planning Commission
Attest:
Susan evedo, Recording Secretary