2011/04/28 Planning Commission Resolution (2)PC RESOLUTION NO. 2011-09
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROHNERT PARK, CALIF'ORNIA,
CONDITIONALLY APPROVING FILE NO. PL2O1 1-O15UP
USE PERMIT F'OR EXOTIC PET STORE AT 5420 STATE FARM DRIVE
(Kelly Warrender, owner)
WHEREAS' the applicant, Kelly Warrender, owner of Age of Aquarium, filed
Planning Application No. PL2011-015UP for approval of a use permit for an exotic pet
store at 5420 State Farm Drive, Rohnert Park (APN 143-021-046) in accordance with the
City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PL2011-015UP 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 was published in the
Community Voice for a minimum of l0 days prior to the first public hearing;
WIIEREAS, on April 28, 2011, the Planning Commission reviewed Planning
Application No. PL20|1-015UP during a scheduled public meeting at which time
interested persons had an opportunity to testify either in support or opposition to the
project; and,
\ilHEREAS, at the April 28, 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. PL20l1-
OI5UP;
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 correct.
Section 2. Findings. The Planning Commission, in approving Planning
Application No. PL201l-015UP makes the following findings, to wit;
A. That the proposed locatíon of the conditional use is consistent with the objectives of
the Zoning Ordínance and the purposes of the district inwhich the site is located.
The proposed location is in an I-L Limited Industrial District that allows for retail
sales as an incidental use supported of other uses in the building or complex. There is
a veterinary clinic in the same building occupying space that is twice the size of the
proposed business. The applicant's store would be incidental to the veterinary clinic.
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 ínjuríous to properties or ìmprovements in the vicinity, and
that the operation and maintenonce of the Conditional Use will be compatible with
the suruounding 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 report, the proposed use will
be compatible with the other uses in the building. There will be adequate parking for
the proposed use in the parking surrounding the building.
C. That the proposed conditional use will comply with each of the applicable provisions
of this Títle.
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 Acto 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 THEREX'ORE BE IT RESOLVED, that the Planning Commission does
hereby approve Planning Application No. PL2011-015UP, subject to the following
conditions:
1.The use permit approval shall expire one yeff 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.
The applicant shall comply with all applicable sections of the City of Rohnert Park
Municipal Code.
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.
Any signage shall be subject to Planning Staff approval prior to obtaining a
Building Permit.
2.
3.
4.
5. The applicant shall not house or sell venomous snakes or other venomous reptiles.
6. All exotic pets shall be securely housed within the confines of the building.
7. All handling of exotic pets by customers shall only be conducted under the
supervision of an employee or the store owner or manager.
IT F'URTHER 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 AI\D REGULARLY ADOPTED on this 28th day of April, 201 I by the
City of Rohnert Park Planning Commission by the following vote:
AYES: ¿l NoES:ABSENT:I ABSTAIN:
ADAMS "/ ARMSTRoNc / BoRBA Åbø*fçruDICE "/ HAyDoN '/
Anest:
'i'V*'/,,^
.'Susan Azevedo,
David Armstrong, Chairperson, Rohnert Park Planning Commission