2012/01/12 Planning Commission Resolution (3)PLANNING COMMMISSION RESOLUTION NO. 2OI2.O2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT AND SITE PLAN REVIEW FOR A SELF.SERVE GAS STATION \ryITH A
SELF-SERVE CARWASH, CONVENIENCE STORE AND SUBWAY SAND\ryICH
sToRE AT 5085 REDWOOD DRIVE (ApN 045-085-062)
(Nick Goyal for Au Energy, LLC)
WHEREAS' the applicant, Nick Goyal representing Au Energy, LLC, filed Planning
Application No. PL20II-035UP/SR for Conditional Use and Site Plan Review to allow the re-
use of an existing self-serve gas station, self serve carwash and Subway sandwich store on
property located at 5085 Redwood Drive (APN 045-085-062), in accordance with the City of
Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PLz}ll-035UP/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 Communit)¡ Voice for a
minimum of l0 days prior to the first public hearing;
\ryHEREAS, on Jañuary 12, 2072, the Planning Commission reviewed Planning
Application No. PL2}ll-035UP/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 January 12,2012, Planning Commission meeting, upon hearing and
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. PL20l1-035UP/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. PL20l I-035UP/SR, makes the following factors, to wit:
A. That the proposed location of the conditional use is in accord with the objectives of the
zoning ordinance and the purposes of the dístríct in which the síte is located.
Criteria Satisfied. The subject property was formerly operated as a selÊserve gas station,
self-serve carwash and a Subway sandwich store for many years. The operation closed
B.
several years ago and the existing improvements remain. Shell Oil plans to refurbish the
existing facilities and reopen the former uses on the property. The proposed use of the
property is a permitted use in the C-R Regional Commercial zoning district subject to
Conditional Use Approval and Site Plan Review.
That the proposed locatíon of the conditional use and the conditíons under whích it
would be operated or maintaíned will not be detrimental to the public health, safety, or
welfare, or materially injurious to propertíes or improvements in the vicínity.
Criteria Satisfred. The proposed has been in existence for many years with no apparent
adverse impacts on the surroundingarea. The re-use of the property will not change from
the previous operation on the site.
That the proposed conditional use will comply wíth each of the applicable provisíons of
this Title.
C,
Criteria Satisfied. The project, with Staff-recommended conditions, would be in keeping
. with the C-R Regional Commercial zoning of the property.
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. PL2011-035UP/SR subject to the following conditions:
l. The Conditional Use Permit and Site Plan 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. The project is approved as shown in Exhibits A thru J, except as conditioned or modified
below.
The landscape areas on the site shall be refurbished to its original condition and any dead
or dying plant material shall be replaced.
Any damaged asphalt paving on the site shall be repaired or replaced.
The carwash shall operate in conformance with the Carwash System Description
submitted by M I Architects dated December 27,2011. Hours of operation shall be
from 6:00 AM to Midnite only.
4.
5.
6.
7. If a Subway sandwich store does not relocate into the existing building, all signage on the
site referring to Subway shall be removed.
8. The building, carwash and support poles for the canopy shall be painted to match the
submitted paint chip prior to opening of the gas station.
g. The landscaping property shall be maintained in an attractive weed free condition at all
times.
The site shall be maintained and operated in conformance with all Fire Codes and
requirements of the City of Rohnert Park Public Safety Department.
The selÊserve gas and convenience store may be open on a24hour basis and the Subway
sandwich store may be open 7 a.m. to 9 p.m.
The red and yellow vinyl strips on the canopy fascia shall not be back-lit. Lighting on
the Westside to be LED and diffused.
13. The graffiti in the rear (V/est facing wall of the carwash building shall be rønoved prior
to opening the gas station.
14. Any existing 55 gallon metal drums shall be removed from the property prior to opening
the gas station.
BE IT FURTHER RESOLVED that said action shall not be dêemed final until the
appeal period has expired and that the appeal period shall be 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 l2th day of January, 2012by the City
of Rohnert Park Planning Commission by the following vote:
AYES:5
10.
I l.
12.
,/ -/ADAMS ARMSTRONG
NOES: O ABSENT:ABSTAIN:
BORBA GIUDICE HAYDON
Susan Adams, Chairperson,Park Planning Commission
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