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2012/01/12 Planning Commission ResolutionPLANNING COMMMISSION RESOLUTION NO. 2OI2-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT FOR A TRANSMISSION REPAIR BUSINESS AT 58OO REDWOOD DRIVE (APN 143-040-t2r) (Dennis Burkett & Art Mendonca) WHEREAS, the applicants, Dennis Burkett & Art Mendonca, filed Planning Application No. PL20l l-036UP for Conditional Use approval to allow a transmission repair business on property located at 5800 Redwood Drive (APN 143-040-121), in accordance with the City of Rohnert Park Municipal Code; \ryHEREAS, Planning Application No. PL201l-036UP 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 January 12,20l2,the Planning Commission reviewed Planning Application No. PL20l l-036UP 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. PL201l-036UP; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section l. That the above recitations are true and correct. Section 2. Factors considered. The Planning Commission, in approving Planning Application No. PL20l l-036UP, 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 district in which the site is located. Criteria Satisfied. The subject property consists of industrial warehouses which are presently developed with similar uses including an auto body repair shop. The proposed use is permitted in the I-l/O Industrial Limited Office Overlay District subject to a Conditional Use permit. B. 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 improvemenls in the vicinity. Criteria Satisfied. The proposed automobile transmission repair work will be conducted entirely within a building with no apparent adverse impacts on the surrounding area. C. That the proposed conditional use will comply with each of the applicable provisions of this Title. Criteria Satisfied. The project, with Staff-recommended conditions, would be in keeping with the I-LIO Industrial Limited Office Overlay District. 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. PL20l1-036UP 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 and any state or federal agency. 3. All repair work shall be conducted within the portion of the building the applicants will occupy. 4. Any storage or disposal of automotive fluids shall conform to the State Fire code and the requirements of the City of Rohnert Park Public Safety Department. 5. Any metal parts removed from vehicles being repaired shall be recycled. 6. The outside area under lease to the applicant shall be maintained in a neat weed free and litter free condition at all times. 7 . Any signage for the business shall conform to the requirements of the ZoningOrdinance. 8. The applicant shall comply with the provisions of Zoning Ordinance Section 17.01.202 Footnotes GG. Vehicles Repair/Body Shops including conducting all repair work within the building, that exterior parking be used for employees and customers and not for storage of vehicles and that used or discarded automotive parts or equipment not be stored outside the building. BE IT FURTHER RESOLVED that said action shall not be deemed 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 arç no appeals. DULY AND REGULARLY ADOPTED on this l2thday of January, 20l2by the City of Rohnert Park Planning Commission by the following vote: NOES: O ABSENT:- ABSTAIN:AYES: h ADAMs J ARMsrRoNc ''/ BoRBA / oruotcl / HAyDoN '/' Rohnert Park Planning Commission