2013/02/28 Planning Commission Resolution (2)PLANNING COMMMISSION RESOLUTION NO. 2OI3-I2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT, SITE PLAN AND ARCHITECTURAL REVIEW FOR A SUPERMARKET IN
MOUNTAIN SHAWDOWS PLAZASHOPPING CENTER AT 901 GOLF COURSE
DRrVE (APN 143-31 1-0s9)
(Joe Vellutini for Mountain Shadows Plaza)
WHEREAS, the applicant, Joe Vellutini for Mountain Shadows Plaza, filed Planning
Application No. PL20I3-003UP/SR for Conditional Use and Site Plan and Architectural Review
approval to allow a supermarket in Mountain Shadows Shopping Center located at 901 Golf
Course Drive (APN 143-311-059), in accordance with the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PL20I3-003UP/SR was processed in the time
and manner prescribed by State and local law;
WHEREAS, public hearing notices were mailed 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 February 28,2013, the Planning Commission reviewed Planning
Application No. PL20I3-003UP/SR during a scheduled public meeting at which time interested
persons had an opportunity to testify either in support of or opposition to the project; and,
WHEREAS, at the February 28,2013, Planning Commission meeting, upon hearing and
considering all testimony and arguments, if an¡ of all persons desiring to be heard, the Planning
Commission considered all the facts relating to Planning Application No. PL2013-003UP/SR;
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. PL20l3-003UP/SR makes the following factors, to wit:
A. That the proposed locatíon of the conditional use and improvements ís in accord wíth the
objectives of the zoning ordinance and the purposes of the distríct in which the síte ís
located.
Criteria Satisfied. The proposed location is within the C-N Neighborhood Commercial
District that allows for a Supermarket subject to Conditional Use Approval. The general
appearance and proposed improvements is compatible with existing development.
B.That the proposed location of the conditional use and the conditíons under whích it
would be operated or maintained will not be detrímental to the public health, safety, or
welfare, or materially injurious to properties or improvernents in the vicínity.
Criteria Satisfied. There was recently a supermarket in the tenant space being considered
for a supermarket under this Conditional Use Permit. A supermarket operated for many
years at this location with no known negative impacts to the surrounding residential
properties or to other tenants in the Mountain Shadows Plaza Shopping Center.
That the proposed conditíonal use will comply with each of the applicable provisions of
this Títle.
Criteria Satisfied. The project, with Staff recommended conditions, would be in keeping
with Zoning Ordinance Section 17.06.060 permitted uses in commercial districts. This
section of the ZoningOrdinance allows supermarkets in the C-N District subject to a
Conditional Use Permit. The applicant will comply with this requirement.
Section 3. Environmental Clearance. The project is categorically exempt from the
California Environmental Quality Act, Article 19, Section 15301 (Existing Facilities).
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PL20I3-003UP/SR subject to the following conditions:
l. 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 facility shall comply with any and all applicable provisions of the Rohnert Park
Municipal Code.
3. There shall be no outside display of prices, banners, flags or other attention getting
devices on the property relating to the supermarket unless the required permits are
obtained.
4. All truck deliveries and truck access to the rear of the supermarket shall be restricted to
the hours of 7 a.m. to 9 p.m. on week-days and 9 a.m. to 9 p.m. on week-ends.
5. Truck trailers shall not be stored on site. They shall only be in the truck dock while being
unloaded.
6. There shall be no exterior coin operated machines or other retail displays on the exterior
of the building with the exception of the propane tank enclosure on the west side of the
building.
7. All exterior signs shall be subject to Development Services Staff review prior to issuance
of a sign/building permit.
C.
8. The trash compactor shall not be operated prior to 7 a.m. or after 9 p.m.
9. The proposed upgrade of the existing sanitary sewer lateral shall comply with the City
Manual of Standards. The portion within Emily Avenue shall be constructed under an
Encroachment Permit obtained by the contractor.
10. The proposed replacement of the existing grease interceptor shall comply with current
City Manual of Standards and be referred to the City of Santa Rosa Industrial Waste
Division for review and approval.
I l. The proposed replacement of the existing sump pump shall comply with discharge
requirements and the utility connection shall be shown on the building permit plans.
12. The recycling enclosure including the walls, gates and roof structure shall be painted to
match the colors of the market building.
13. The crane on the rear wall of the building shall be painted to match the building.
14. All new roof top equipment shall be located as far from the rear building wall as feasible.
15. The signage shown on the front building elevation on Sheet A (Exhibit D) is for
illustration purposes only and not part of this approval. All signage for the supermarket
shall be approved by the Development Services Department prior to issuance of a
building permit.
16. Employees shall park in the spaces designated on Exhibit H as employee parking or as
close as possible to those spaces.
17. The hours of the supermarket shall not be earlier than 6 a.m. or later than l1 p.m.
18. The use of the recycling bin area shall be restricted to the hours of 7 a.m. to 9 p.m.
BE IT FURTHER RESOLVED that said action shall not be deemed frnal until the
appeal period has expired and that the appeal period shall be l0 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 28th day of February , 2013 by the City
of Rohnert Park Planning Commission by the following vote:
ADAMS t/ ARMsrRoNc
AYES: 5 NoES:
f-)V ABSENT: ABSTAIN:
/-//BORBA GIUDICE HAYDON
¿ UZIE AZEVEDO, RECORDING CLERK PLANNING COMMISSION
Attest:
; susAII ADAMS, CHA¡RPERSON PLANNING COMMISSION