2010/04/08 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2010.11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA, APPROVING FILE NO. PL2010-006UP: USE PERMIT TO
ALLOW AN AMUSEMENT CENTER IN AN EXISTING REGIONAL COMMERCIAL
("c-R") TENANT SPACE LOCATED AT 5195 RED\ryOOD DRrVE
\ryHEREAS, the applicant, Anthony Bergland, ESCAPE, has filed Planning Application
No. PL20l0-006UP for Use Permit approval to allow the operation of an amusement center in an
existing Regional Commercial (C-R) tenant space located at 5195 Redwood Drive (045-082-057
and 045-082-065) in accordance with the City of Rohnert Park Municipal Code;
\ilHEREAS, Planning Application No. PL2010-006UP was processed in the time and
manner prescribed by State and local law;
WHEREAS, public hearing notices were transmitted 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 was published for a minimum of l0 days
prior to the first public hearing in the Communitv Voice;
WHEREAS, on April 8, 2010, the Planning Commission reviewed Planning Application
No. PL2010-006UP 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 8, 2010 .Planning Commission meeting, upon hearing
considering all testimony and arguments, if any, of all persons desiring to be heard,
Commission considered all the facts relating to Planning Application No. PL20I0-006UP;
NO\il, 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. PL2010-006UP makes the following findings, to wit:
L The proposed location of the conditional use is consistent with the obiectives of the Zoning
Ordinance and the purpose of the district inwhich in the site is located.
The proposed location is within the Regional Commercial (C-R) District, which allows
ooamusement ceriter" type uses as conditionally permitted uses. The applicant has applied for
the required use permit.
2. That the proposed location of the use and the conditions under which it would be operated
or maintained will not be detrimental to the public health, safety, or welfare, or materíally
ínjurious to properties or improvements ín the viciníty and that the operation and
maíntenance of the use will be compatible wíth the surrounding uses; and
and
the
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. There is an adequate
parking supply to serve the proposed ESCAPE operation.
3. The proposed use will comply with each of the applicable provisions of this title.
The project does not involve exterior modifications. Any such improvements, as well as
proposals for new signage would require site plan and architectural review and/or
administrative review respectively. The project would also comply with all applicable
Zoning Ordinance standards, including those for off-street parking and circulation.
Section 3. Environmental Clearance. The project is categorically exempt from the
California Environmental Quality Act, pursuant to California Code of Regulations, Title 14,
Chapter 3, Section 15301 (Class 1 - Existing facilities with no new construction and no
potentially significant impacts on the environment).
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PL20I0-006UP to allow the operation of an amusement
center in an existing regional commercial tenant space located at 5195 Redwood Drive (APNs
045-082-057 and 045-082-065), subject to the following conditions:
1. Expiration of Approval - Pursuant to the City of Rohnert Park Municipal Code, this
approval shall expire one year from the Planning Commission approval date, unless prior to
the expiration a building permit is issued (if required) for any tenant improvements and
construction is commenced and diligently pursued toward completion and/or the use is
initiated, or an extension is requested and approved.
2. Conformance with Municipal Code and Other Agency Plans - All improvements shall
comply with all applicable sections of the City of Rohnert Park Municipal Code and any
other applicable relevant plans of affected agencies.
3. The applicant shall obtain all necessary permits and clearances from the Rohnert Park
Building and Public Safety Departments prior to commencement of the operation at this
location including the City's frre sprinkler system ordinance.
4. The Fire Sprinkler system shall be within the 5 year certification to include certification
testing of the Fire Pump System and applicant shall provide evidence of such to Fire
Marshall prior to Certificate of Occupancy.
5. The Fire Alarm system shall provide full interior notification to all existing and future
tenants in the structure.
6. The on-site Fire Hydrants shall be privately flushed/tested prior to occupancy.
7. Adequate exterior lighting will be needed to be maintained for security, specifically the
west side of the building. Additional measures to eliminate graffiti shall be implemented.
8. Fire apparatus access shall be maintained to the west side of the building.
9. A building permit will be required for all proposed new construction and alterations to the
existing building. All current code requirements for the use must be met and will be
verified when the building plans are submitted for permit review.
10. No multi-purpose assembly type uses will be permitted or allowed at this time. The areas
designated as paint-ball or laser-tag arenas can only be used for this type of activity and
shall be limited to the occupancy posting as determined by Fire Marshall and Building
Official.
I 1. All alterations and new construction where a permit is required shall comply with the City
of Rohnert Park Green Building requirements as specified in Rohnert Park City Ordinance
782.
12. Applicant shall provided one striped bus parking space and one striped van parking space
within the northwest portion of the parking lot.
13. All sign proposals shall be submitted to the Planning Division for review and approval
prior to installation
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 working days from the date of
said action. No building permits shall be issued nor shall the use be initiated until the appeal
period has expired, providing there are no appeals.
DULY AND REGULARLY ADOPTED on the 8th day of April, 2010, by the City of
Rohnert Park Planning Commission by the following vote:
AYES: INOES: D aesENr: \ ABSTATN:
AH AN or rtfu øI oRM s rRoN cl BoRBA{NILSoN V NORDTN Y
, Chairperson, Rohnert Park Planning Commission
Azevedo,ing Secretary
1/r-'