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2012/07/26 Planning Commission Resolution (3)PLANNING COMMMISSION RESOLUTION NO. 2OI2.2I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK CALIFORNIA, APPROVING CONDITIONAL USE PERMIT FOR A USED CAR SALES BUSINESS AT 5625 STATE FARM DRIVE, SUITE 46 (APN 143-021-031) (Philip Mclean) \ilHEREAS, the applicant, Philip Mclean for North Bay Auto Sales, filed Planning Application No. PL20l2-032UP for Conditional Use approval to allow an office and vehicle storage areas for a used vehicles sales business located at 5625 Commerce Boulevard, Suite 46 (APN 143-021-031), in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PL20I2-032UP 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; \ilHEREAS, on July 26,2012, the Planning Commission reviewed Planning Application No. PL2012-032UP during a scheduled public meeting at which time interested persons had an opportunity to testifu either in support of or opposition to the project; and, WHEREAS, at the July 26,2012, Planning Commission meeting, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Planning Commission considered all the facts relating to Planning Application No. PL20I2-032UP; NOWO 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. PL2012-032UP makes the following factors, to wit: A. That the proposed location of the conditional use is in accord wíth the objectíves of the zoning ordinance and the purposes of the dístrict in whích the site is located. Criteria Satisfied. 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 condítional use and the condítions under which ít would be operated or maintaínedwill not be detrimentøl to the public health, safety, or welfare, or materially injurious to propertíes or improvements in the vicinity. Criteria Satisfied. The existing office building will accommodate the small office for the sale of used vehicles. There will be adequate space in the surrounding parking area for display of up to four (4) cars and parking for customers. The parking area will not be readily apparent from Commerce Boulevard. C. That the proposed conditional use will comply with each of the applícable 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 Agencies, regulating vehicular dealerships and rental agencies. This section of the Zoning Ordinance 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 California Environmental Quality Act, Article 19, Section 15301 (Existing Facilities). NO\il THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PL2012-032UP 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. Any repair and maintenance of vehicles for sale shall not be conducted on the subject property. 4. Prior to installation, all signs shall be subject to Development Services staff review and approval. 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 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 26th day of July, 20l2by the City of Rohnert Park Planning Commission by the following vote: ADAMS Y oNc Y B.RBA V cruDIcE ú*-o* ¿.gSENT: & ABSTAIN: Corrnission