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2015/01/08 Planning Commission Resolution (2)PLANNING COMMISSION RESOLUTION NO. 2014-48 A RESOLUTION OF THE PLANNING COMMISSSION OF THE CITY OF ROHNERT PARK APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN AND ARCHITECTURAL REVIEW FOR AMERICA'S TIRE AT 6238 REDWOOD DRIVE (APN 143-391-012) PLSU2014-0002 WHEREAS, the applicant, Thomas Coppin PE for Kimley-Horn filed Planning Application No. PLSU2014-0002 proposing an America's Tire store at 6238 Redwood Drive (APN 143-391-012), in accordance with the City of Rohnert Park Municipal Code ("RPMC"); and WHEREAS, Planning Application No. PLSU2014-0002 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 15332 Infill Development 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 8, 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. PLSU2014-0002 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. PLSU2014-0002 pursuant to Rohnert Park Municipal Code section 17.25.014: 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, floor plans, building elevations and landscape details. The proposed development conforms to Footnote GG in the Zoning Ordinance regarding Vehicle Repair services. The development also conforms to setback requirements, parking requirements and landscaping in the C-R Regional Commercial district. 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 building will be compatible with other commercial buildings in the area and the use will be operated in accordance to Footnote GG regarding the operation of vehicle repair services. All repair work and parts storage will be conducted in the building. There are other vehicle repair businesses in the vicinity and this proposal will be compatible with those 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. Findings Regarding: Site Plan and Architectural Review. Factors considered. The Planning Commission, in approving Planning Application No. PLSU2014- 0002, makes the following factors, to wit: 1. That the developments general appearance is compatible with existing development and enhances the surrounding neighborhood. Criteria Satisfied. The placement of the building conforms to the setback requirements of the C-R Regional Commercial district. The plan protects the paved trail along the Hinebaugh Creek. The design and colors of the building are in conformance with the City's Design Guidelines and blend in with the colors of surrounding properties. 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 tire repair bays face to the side of the property to screen their view from the street. The primary architectural element of the building faces Redwood Drive to enhance its appearance from the street. Attractive landscaping will be placed in the fifteen (15) foot front setback. The architecture of the building will stand out as an attractive visual element in this area. 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 a shared private driveway along the south side of the property. There is also access to Rohnert Park Expressway via an easement across the adjacent hotel property. Section 5. A duly noticed public hearing on the proposed Conditional Use Permit was held on January 8, 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 8th day of January, 2015 by the City of Rohnert Park Planning Commission by the following vote: AYES: � NOES: v ADAMS V .. Attest: Susa Azeve , Recording Secretary SENT: - 0 ABSTAIN: 0 BA ✓ GIUDICE �HAYDON Rohnert Park Planning Commission Exhibit A CONDITIONS OF APPROVAL PLSU2014-0002 AMERICA'S TIRE 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 B through F 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 America's Tire 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. 8. The landscaping shall be maintained in an attractive weed free and litter free condition at all times. 9. The existing landscaping across the front of the project site shall be retained. 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. If a flag pole is erected on the site it shall display only the American flag and the State of California flag. No other flag or banner shall be displayed on the flag pole. 15. New or used tires shall not be displayed outside the building. 16. No portable metal storage units shall be permitted on the site. 17. The masonry retaining wall along the Redwood Drive and Hinebaugh Creek frontages of the property shall be constructed of decorative block to match the style and color of the block used for the building walls. 18. The hours of operation shall be as follows: • Monday through Friday 8 a.m. to 6 p.m. • Saturday 8 a.m. to 5 p.m. • Closed Sunday Any change to the hours shall be subject to approval of the Development Services Department.