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2014/04/10 Planning Commission Resolution (5)PLANNING COMMISSION RESOLUTION NO. 2014-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING APPROVAL OF AN ORDINANCE AMENDING SECTION 17.06.060 OF THE ROHNERT PARK MUNICIPAL CODE TO ELIMINATE THE OPTION OF CONSTRUCTING A RESIDENTIAL MIXED USE BUILDINGS IN COMMERCIAL ZONING DISTRICTS WHEREAS, the City of Rohnert Park initiated Planning Application No. PLZ02014- 0001 which proposes to amend the Rohnert Park Municipal Code ("RPMC") by amending Section 17.06.060 of the City of Rohnert Park Zoning Ordinance; and WHEREAS, the proposed amendments to Section 17.06.060 would eliminate the phrase "Residential uses as a part of a mixed use project when located in the same building as a nonresidential use" from the list of uses permitted with a Conditional Use Permit in all commercial zoning districts; and WHEREAS, the text amendment would prevent commercial land from being used for residential purposes and preserve the limited supply of commercially zoned property for development that generates jobs and provides retail shopping opportunities; and WHEREAS, the proposed changes to Section 17.06.060 are attached hereto as Exhibit A; WHEREAS, the Planning Commission has reviewed the Initial Study / Negative Declaration (IS / ND); has published a Notice of Intent (NOI) in the Community Voice a minimum of 20 days prior to the first public hearing, and has otherwise carried out all requirements for the Project pursuant to CEQA; and WHEREAS, pursuant to California State Law and the RPMC, the public hearing was noticed in the Community Voice a minimum of 10 days prior to the meeting; and WHEREAS, on April 10, 2014, the Planning Commission held a public hearing at which time interested persons had an opportunity 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.PLZ02014-0001 for the proposed amendments to Section 17.06.060 of the Zoning Ordinance. 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 amendments to Section 17.06.060 of the Zoning Ordinance; Section 1. The above recitations are true and correct. Section 2. Findings for Enactment of Amendments to Section 17.06.060. The Planning Commission hereby makes the following findings concerning amendments to the Zoning Ordinance: ND. 1. That the proposed amendments to the Zoning Ordinance are consistent with the General Plan 2020. Criteria Satisfied. The proposed amendments are consistent with provisions within General Plan 2020. By eliminating the ability to construct mixed use building, the supply of commercial land will be reserved for commercial (only) projects. 1. Goal LU -C. Promote a balanced land use program and increase the ability of people to live and work in the city. 2. Goal LU -K. Promote a diverse range of jobs within the city. 3. LU -71). Retain existing commercial lands to provide jobs, goods, services, entertainment, and other amenities for the work force, residents, and visitors. 2. That the proposed amendment to the Zoning Ordinance will be beneficial to the public health, safety or welfare. Criteria Satisfied. The proposed amendments will benefit the public health, safety and welfare by creating more commercial development opportunities and resulting in more job creation and shopping opportunities. The development of residential projects in areas designated for commercial will be reduced, resulting in fewer land use conflicts. Section 3. The Planning Commission recommends City Council approval of the IS / Section 4. A duly noticed public hearing concerning amendment to Section 17.06.060 of the Zoning Ordinance was held by the Planning Commission on April 10, 2014. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the City Council adopt Findings stated hereinabove and adopt an ordinance amending the RPMC to amend Section 17.06.060 of the Zoning Ordinance, in the form provided in Exhibit A. DULY AND REGULARLY ADOPTED on this 10th day of April, 2014 by the City of Rohnert Park Planning Commission by the following vote: A NOES: ABSENT: _Zl ABSTAIN: ADA5 I5 BL Q BORBA' �S—GIUDICE HAYDON Rohnert Park Planning Commission Attest: ` F tsan Azevedo, Rea ding Secretary Exhibit A Amendments to Section 17.06.060 of the Zoning Ordinance 17.06.060 Permitted uses The following is a list of land uses and the commercial districts within which they are permitted as follows: P = permitted C = conditionally -permitted by planning commission A = administrative permit Z = certificate of zoning compliance T = temporary conditional permit I = uses allowed as incidental to a primary use Uses involving chemicals may also be subject to requirements regarding hazardous materials (footnote 11), in which case more restrictive requirements shall apply. Land uses that are not specifically listed are not permitted unless determined, by the planning and community development director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision which follow this chapter. Land Use Category C -O C -N District District C-R I District [No changes to list from Adult Entertainment through Residential Care Facility] Residential Care Facility • Congregate Care/Assisted Living C C C • Convalescent Hospital C C C • Senior Housing (Independent Living) C C C Residential uses as a part of a mixed use project wl4en [ocated iR e sSE41meC- Ftiuj Winn as 3 nnnresiAantial O C- (no changes to list from Restaurant through Vehicular Repair (end of section)]