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2012/03/22 Planning Commission ResolutionPLANNING COMMMISSION RESOLUTION NO. 2OI2-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK CALIFORNIA, APPROVING CONDITIONAL USE PERMIT FOR A USED CAR SALES BUSINESS AT 320 PROFESSIONAL CENTER DRM, SUITE 110 (ApN 143-490-0236) (Victor P. Bruno) WHEREAS, the applicant, Victor P. Bruno, for VIP Auto, filed Planning Application No. PL2012-006UP for Conditional Use approval to allow an office for a used vehicles sales business located at320 Professional Center Drive, Suite 110 (APN 143-490-023), in accordance with the City of Rohnert Park Municipal Code; lryHEREAS, Planning Application No. PL2012-006UP 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 Califomia State Planning Law, and a public hearing notice was published in the Bress,Democrat for a minimum of 10 days prior to the first public hearing; WHEREAS, on Marchz2,2012, the Planning Commission reviewed Planning Application No. PL20l2-006UP 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, \MHEREAS, at the March 22,2012, 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. PL20I2-006UP; NO\il, 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 con$idered. The Planning Commission, in approving Planning Application No. PL20I2-006UP makes the following factors, to wit: A. That the proposed locatíon of the conditíonal use ís in accord wíth the objectíves of the zoning ordínance and the purposes of the district ín whích the síte ís located. Criteqia Satis{ed. The proposed location is within the I-LIO Industrial Office Overlay District that allows for Vehicular Dealerships subject to Conditional Use approval. B. That the proposed locatíon of the conditional use and the conditíons under which it would be operated or maintained wíll not be detrímental to the publíc health, safety, or welfare, or materially ínjurious to properties or improvements in the vícinity. C¡iteria Satisfied. The existing office building will accommodate the small office for the sale of used vehicles. There will be adequate space in the adjacent parking for the applicant to park and parking for a customer by appointment. The parkingarea will not be readily apparent from Professional Center Drive. C. That the proposed conditíonal use wíll comply with each of the applicable provisions of this Title. Criteria Satisfied. The project, with StafÊrecommended conditions, would be in keeping with Zoning Ordinance Section 17.07.020 FF Vehicular Dealership/Rental , regulating vehicular dealerships and rental agencies. This section of the ZoningOrdinance prohibits vehicular repair at the site, places controls on outdoor noise such as loudspeakers and requires a security plan the business. The applicant will comply with all of these requirements. Section 3. Environmental Clearance. The project is categorically exempt from the Califomia Environmental Quality Act, Article 19, Section 15301 (Existing Facilities). NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PL2012-006UP 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 including, but not limited to the Department of Motor Vehicles. 3. Vehicles for sale shall not be displayed on the property. 4. Any repair and maintenance of vehicles for sale shall not be conducted on the subject property. 5. Prior to installation, all signs shall be subject to Development Services staff review and approval. 6. The applicant shall provide evidence to the City of Rohnert Park that the point-of-sale of all vehicles shall take place at the office location at320 Professional Center Drive, Suite I10. 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 are no appeals. DULY AND REGULARLY ADOPTED on this 22nd day of March, 20l2by the City of Rohnert Park Planning Commission by the following vote: AYES: 'ò NoES: 0 ABSENT: L ADAMS tbulnnn¡srnoNc t/ ABSTAIN:_ BoRBA/tbç*fcruolcl '/ HAYDoN "/ susA I HAYDO ¡{, VIC E-C HAt RPERSO it, RO t{ il ERT PARK PLAI{ tll tlc colltllsslo t{