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2011/03/24 Planning Commission ResolutionRESOLUTION NO. 2OII-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORI\IA, CONDITIONALLY APPROVING FILE NO. PL2O1 1-O12SR/T]P USE PERMIT, SITE PLAN AND ARCHITECTURAL REVIEW FOR A GAS STATION AND A CONVENIENCE STORE AT 5060 REDWOOD DRIVE (Bryce Pattison, applicant) WHEREAS, the applicant, Bryce Pattison, representing Royal Petroleum Company, filed Planning Application No. PL2}ll-0l2SR/UP for approval of a use permit, site plan and architecfural review for reuse of an existing service station and convenience store at 5060 Redwood Drive (APN 045-081-020) in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PL20l l-Ol2SRruP was processed in the time and manner prescribed by State and local law; \ilHEREAS, 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 was published in the Community Voice for a minimum of l0 days prior to the first public hearing; WHEREAS, on March24,20ll, the Planning Commission reviewed Planning Application No. PL20l1-012SR/UP during a scheduled public meeting at which time interested persons had an opportunity to testi$ either in support or opposition to the project; and, WHEREAS, at the March 24,2011, 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. PL}OI I-OI2SR/UP; 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 conect. Section 2. Findings. The Planning Commission, in approving Planning Application No. PL2011-012SR/UP 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 purposes of the district inwhich the site is located. The proposed location is within a cornmercial areathat permits a service station with a convenience store subject to Conditional Use approval. There was a service station B. and convenience store at this location since 1989 that closed approximately two (2) years ago and the current proposal will use the existing facilities that were developed on the site at that time with the exception that the car wash will be removed and the convenience store area expanded into that portion of the building. Therefore, the proposed use is appropriate at this location. That the proposed location of the conditíonal use and the conditions under which it would be operoted or maintqinedwill not be detrimental to the public health, safety, or welfore, or materíally injurious to properties or improvements in the vicinity, and that the operation and maintenance of the Conditional Use will be compatible with the surrounding 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. A very similar service station and convenience store operated at this location since 1989. The use of the site for a service station and convenience store will be compatible with the surrounding area. That the proposed conditîonal use will comply with each of the applicøble provisíons of this Title. As discussed in the staff report, the project will comply with all parking requirements and any other standards in the Zoning Ordinance that apply to a service station and convenience store. Section 3. Environmental Clearance. The project is categorically exempt from the Califomia Environmental Quality Act (CEQA), pursuant to Califomia 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. NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PL201l-Ol2SRruP, subject to the following conditions: l. The use permit, architectural review and site plan review 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. C. 3. Any signage shall conform to the requirements of the C-R Regional Commercial District and be reviewed by the Planning St¿ff for conformance to the Zoning Ordinance prior to applying for a Building Permit. 4. The plans submitted for a Building Permit shall show the path of travel from the Redwood Drive sidewalk and the handicap parking space to the entrance to the convenience store. 5. A rest room for the exclusive use of the convenience store employees shall be provided by adding a third rest room for the exclusive use of employees or by converting one of the public rest rooms to a unisex facility and converting the other rest room for employee use only with access from the employee area of the building. 6. The paved area on the west side of the convenience store building that was opposite the exit door of the former car wash shall be designated as a parking space. 7. The ofÊset in the walkway in front of the convenience store shall be repaired. 8. Deterrents shall be placed on the building to prevent the roosting or nesting of birds. 9. The refuse containers shall be kept within the refuse enclosure at all times with the access gates kept closed. 10. The landscaping shall be maintained in an attractive, weed free and litter free condition at all times. I 1. The building wall colors shall match the color of the adjacent hotel as closely as possible. 12. There shall be no banners, flags or other temporary signs displayed on the property. 13. A permanent automatic sprinkler system shall be installed to inigate all landscape materials and areas. 14. The fire sprinkler system shall be within the 5 year Certification to include certification testing. 15. The fire alarm system shall provide full interior notification and exterior horn strobe for water flow detection. 16. This project will require additional permits for fire sprinkler modifications and fire alarm modifications. The permit applications and permit fees must be submitted to the City of Rohnert Park Fire division prior to any construction being started on either of these systems. 17. Provide keys to access interior of business, including utility shutoff, fire sprinkler riser and fire alarm; to be placed in Fire Department Lock Box (confirm existing box location during site inspections). 18. Fire apparatus access shall be maintained to all existing adjacent parcels/parking lots. 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 calendar 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 24thday of March" 2011 by the City of RohnertPark Planning Commission by the following vote: AYES: LNOES: I ABSENT: I ABSTAIN: --t ADAMS .f ARMSTRONG BoRBAl- cruDrcE4g,[-IAYDoN 1 4