2011/02/10 Planning Commission Resolution (2)PC RESOLUTION NO. 2011.04
A RESOLUTION OF THE PLANNING COMMISSION
oF THE CITY OF ROHNERT PARK, CALIFORNIA,
CONDITIONALLY APPROVING FILE NO. PL2O11-OO3UP
USE PERMIT FOR BROTHER BUILT CYCLES AT 637 MARTIN AVENUE,
SUITE 2
(Shawn James and David Brinkley Jr.o Owners)
WHEREAS, the applicant, Shawn James and David Brinkley Jr., owners of
Brother Built Cycles filed Planning Application No. PL20l1-003UP for approval of a use
permit for motorcycle service and repair in a portion of an existing industrial building at
637 Martin Avenue (APN 143-930-006) in accordance with the City of Rohnert Park
Municipal Code;
WHEREAS, Planning Application No. PL201l-003UP'was processed in the time
and manner prescribed by State and local law;
\ilHEREAS, public hearing notices were mailed to all propefty 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 was published in the
Community Voice for a minimum of 10 days prior to the first public hearing;
\ilHEREAS, on February 10, 201I, the Planning Commission reviewed Planning
Application No. PL201I-003UP during a scheduled public meeting at which time
interested persons had an opportunity to testify either in support or opposition to the
project; and,
WHEREAS, at the February 10, 2011, 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.
PL20t1-003UP;
NO\il, 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. Findings. The Planning Commission, in approving Planning
Application No. PL20l l-003UP makes the following findings, to wit;
A. That the proposed location of the conditional is consistent with the objectives of the
Zoning Ordinance and the purþoses of the district in which the site is located.
The proposed location is within a light industrial area that supports automotive repair
facilities that are similar in nature to the proposed shop. The light industrial
classification allows for "vehicle repair/body shops" by conditional use approval,
therefore, the proposed use is an appropriate one at this location.
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 improvements in the vícinity, and
that the operation and maintenance of the Conditional Use will be compatible with
the surcounding uses.
The project will not have a negative effect on the public health, safety, or welfare; or
be materially injurious to properties or improvements in the vicinity. The applicant
will be required to obtain all necessary permits pertaining to the proposal and abide
by the conditions of approval. As discussed in the staff reporl, the proposed sue will
be compatible with the other two uses in the building.
C. That the proposed conditional use will comply with each of the applicable provisions
of this Title.
As discussed in the staff report, the project will comply with all applicable standards
in the Zoning Ordinance.
Section 3. Environmental Clearance. The project is categorically exempt from the
California Environmental Quality Act, pursuant to California Code of Regulations Title
19. Categorical Exemptions Section 15301 Existing Facilities Class I the operation,
repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public
or private structures...involving negligible or no expansion of use beyond that existing at
the time of the lead agency's determination.
NO\il THEREFORE BE IT RESOLVED, rhat the Planning Commission does
hereby approve Planning Application No. PL2011-003UP, subject to the following
conditions:
1. The use permit approval shall expire one year from the Planning Commission
approval date, unless prior to the expiration a business license is issued, or a
building permit is issued for any tenant improvements, if applicable, and
construction is commenced and diligently pursued toward completion and the use is
initiated, or an extension is requested and approved.
2, The applicant shall comply with all applicable sections of the City of Rohnert Park
Municipal Code.
3. The applicant shall secure all necessary permits and clearances from the Rohnert
Park Building and Public Safety Departments prior to commencement of the
operation at this location.
4. This occupancy may require additional permits for Fire Sprinkler system
modifications and Fire Alarm system modifications. The permit applications and
permit fee must the submitted to the City of Rohnert Park Fire Division prior to any
construction is started on either of these systems.
5. This occupancy shall comply with all applicable sections of Chapter 27 of the2010
California Fire Code. Maximum quantities of flammable and hazardous materials
shall not exceed the proposed occupancy type S-1.
6. Fire extinguishers shall be installed per the Fire Code prior to opening the business.
7. Trash enclosures greater than 1.5 cubic feet shall not be stored within five (5) feet
of the building. The location of the outside container shall be fìeld verified and
approved. Garbageltrash enclosures shall not be stored inside of the building.
8. Field verify that all existing Fire lanes are in good condition and clearly
marked/painted prior to final inspection.
9. Any signage shall be subject to Planning Staff approval.
10. All repair activities and operations shall be conducted entirely within the building
with the roll-up door in a half closed position.
I l. The premises shall be maintained in a neat and orderly condition at all times and all
improvements shall be maintained in a condition of reasonable repair and
appearance.
12. The applicant shall ensure that all hazardous materials (e.g. motor oils and fluids)
are stored property as per the Uniform Fire Code and transported off-site by an
approved recycler/disposal service.
13. Tanks installed for crankcase fluids shall be installed in accordance with the
requirements for flammable liquid storage.
14. All hydraulic hoists and equipment for lubrication, greasing, vehicle washing and
service and repairs shall be performed entirely within the building.
15. Exterior parking area shall be used for employee and customer parking only, and
not for the repair, service or long term storage (over one week) of vehicles.
16. Any vehicles waiting for service or repair shall be parked on-site and not in the
right-of-way.
17. Any motorcycle engine testing within the building shall be performed with the tail
pipes directed toward the roll-up door in a half open position and the duration of
the time the engines are tested shall not exceed five (5) minutes at a time.
18. If the City of Rohnert Park receives any noise complaints from this business, the
owner/operator shall comply with chapter 17.12.30 Noise Standards in the Zoning
Ordinance.
19. Vehicles tested on the surrounding streets shall be operated within the posted speed
limit.
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 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 1Oth day of February, 201 I by
the City of Rohnert Park Planning Commission by the following vote:
AYES:'¿NOES:ABSENT: I ABSTAIN:
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