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2014/10/09 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2014-40 A RESOLUTION OF THE PLANNING COMMISSSION OF THE CITY OF ROHNERT PARK APPROVING A CONDITIONAL USE PERMIT FOR AN INDOOR TRAMPOLINE ARENA (REBOUNDERZ) WITHIN AN EXISTING SHOPPING CENTER BUILDING AT 555 ROHNERT PARK EXPRESSWAY (APN 143- 391-085) FILE NO. PLUP2014-0006 WHEREAS, the applicant, Jason Alexandridis, Jump Freedom, Inc. filed Planning Application No. PLUP2014-0006 proposing an Indoor Trampoline Arena in an existing shopping center building located at 555 Rohnert Park Expressway (APN 143-391-085), in accordance with the City of Rohnert Park Municipal Code ("RPMC"); and WHEREAS, Planning Application No. PLUP2014-0006 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. 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 Press Democrat for a minimum of 10 days prior to the first public hearing; and WHEREAS, on October 9, 2014, 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. PLUP2014-0006 for the proposed Conditional Use Permit. 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: 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. PLUP2014-0006 pursuant to Rohnert Park Municipal Code section 17.06.390: 1. 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 provides details on the project including site plan and floor plans details. The proposed development conforms to the parking requirements and will be compatible with other uses in the shipping center. 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 proposed use is a family oriented use that will fit in with existing uses on the site and family oriented uses on the adjacent shopping center to the west. There will be adequate parking to serve the use and it will be compatible with surrounding uses. 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. A duly noticed public hearing on the proposed Conditional Use Permit was held on October 9, 2014. NOW, THEREFORE, BE IT FURTHER RESOLVED, THAT the Planning Commission does hereby adopt the Findings stated hereinabove and approve the Conditional Use Permit in its entirety and subject to the recommended conditions of approval as provided for in Exhibit A. DULY AND REGULARLY ADOPTED on this 9th day of October, 2014 by the City of Rohnert Park Planning Commission by the following vote: AYES: "? NOES: SENT: ABSTAIN: ADAMS /BLANQUI ORB GIUDICE HAYDON Parr -lamina Commission Attest: Susan Exhibit A CONDITIONS OF APPROVAL PLUP2014-0006 REBOUNDERZ 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 D approved by the Planning Commission at its meeting on October 9, 2014. 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 Indoor Trampoline Arena save and except that caused by the City's active negligence. PLANNING 5. All improvements shall conform to the approved site plan and floor plans. 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. There shall be no banners, flags or other temporary signs or attraction getting devices displayed on the property, without the appropriate permit. 10. The use of any A -Frame signs, portable signs, sandwich -board signs, pennants, banners or human -held signs on the premises or along the Rohnert Park Expressway or Labath Avenue frontage is strictly prohibited without proper approval from the City. 11. Recycling shall be conducted in accordance with accepted practices as directed by Sonoma County Waste Management Agency. 12. The developer shall comply with the construction hours pursuant to Municipal Code Section 9.44.120. 13. If the events on Friday or Saturday nights attracting the younger crowd lead to problems on the shopping center site, surrounding commercial properties or the surrounding neighborhood, the applicant shall coordinate with the Rohnert Park Public Safety department to resolve the problems. If the problems cannot be solved and continue the events shall be terminated. 14. During the Friday or Saturday night event there shall be security personnel within the building and in the parking lot with the number needed determined by the Rohnert Park Public Safety Department. 15. Any music or sound entertainment shall not be audible on the exterior of the building. 16. The area on Exhibit B labeled spa area unused and for later expansion shall be subject to Development Services Department staff approval prior to expansion into that area. 17. The hours of operation shall be 9:00 a.m. to 10:00 p.m. on weekdays and 9:00 a.m, to 11:00 p.m. on weekends. Any change in the hours shall be subject to approval of the Development Services Department.