2011/12/08 Planning Commission Resolution (2)PLANNING COMMISSION RESOLUTION NO. 2OII.OI2
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROHNERT PARK, CALIFORNIA,
CONDITIONALLY APPROVING FILE NO. PL2O1O-O67UP
USE PERMIT FOR MERRILL GARDENS ASSISTED LIVING
AT 4855 SNYDER LANE
(Jon Undheim Vice President for Corporate Real Estate for Merrill Gardens LLC)
WHEREAS, the applicant, Jon Undheim, Vice President of Corporate Real
Estate for Menill Gardens LLC., owners of Merrill Gardens, filed Planning Application
No. PL20I0-067UP for approval to convert 29 units to Assisted Living at 4855 Snyder
Lane (APN 143-3ll-064) in accordance with the City of Rohnert Park Municipal Code;
\ilHEREAS, Planning Application No. PL2010-067UP 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;
WHEREAS, on December 8, 201I, the Planning Commission reviewed Planning
Application No. PL20I0-067UP 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, December 8,2011, 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.
PL2010-067UP;
NO\il, THEREFORE, THE PLANNING COMMISSTON 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. PL20I0-067UP makes the following frndings, to wit;
A. That the proposed location of the conditíonal use is consistent with the objectives of
the Zoning Ordinance and the purposes of the dístrict in whích the site is located.
The proposed location is zoned R-H Residential High Density which permits
multifamily residential and a Residential Care Facility Congregate Care, Assisted
Living Large seven (7) or more persons as a Conditional Use Permit. Menill
Gardens has been at this location for many years. Converting units to assisted living
requires Conditional Use approval and the change in use will have no impact on the
surrounding area since all the modifications will take place on the interior of the
building and there will be no increase in the number of units.
That the proposed location of the conditional use and the conditíons 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 vicinity, and
that the operation and maintenance of the Conditional Use will be compatible with
the surrounding uses.
The project site is presently developed with 174 units of senior housing for residents
60 years of age or older. Menill Gardens has operated at this location for many years
with no adverse impact on the surrounding arca. Converting 29 of the existing units
to assisted living will not impact the surrounding area or uses.
That the proposed conditional use will comply with each of the applicable provisions
of thts 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
Califomia 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.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does
hereby approve Planning Application No. PL2010-067UP, 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 Merrill Gardens receives a State license
for assisted living, 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 conversion of the 29 units to
assisted living.
4. This occupancy may require additional permits for Fire Sprinkler system
modifications and Fire Alarm system modifications. The permit application and
permit fee must the submitted to the City of Rohnert Park Fire Division prior to any
construction commencing on either of these systems. The frre alarm system shall
be upgraded to comply with Rohnert Park Municipal Code Amendment to the
California Fire Code Ordinance No. 793 2007 and827 2010.
5. If an increased number of Public Safety calls for services results from the proposed
modifrcation to Menill Gardens to provide assisted living care, Merrill Gardens
shall develop and implement an alternate means of assisting the residents and
proposed clients to decrease the non life threatening, non emergency calls for
service by the Fire division of Public Safety.
Any new or additional signage shall be subject to Planning Staff 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 RBGULARLY ADOPTED on this 8th day of December, 2011 by
the City of Rohnert Park Planning Commission by the following vote:
AYES: ^l NoES:0 ABSENT:I ABSTAIN:
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