2010/06/24 Planning Commission Resolution (2)PC RESOLUTION NO. 2010.16
A RESOLUTION OF THE PLANNING COMMISSION
oF THE CITY OF ROHNERT PARK, CALIFORNIA,
CONDITIONALLY APPROVING FILE NO. PL2O1O-O28UP:
USE PERMIT FOR HEALTH CLUB IN AN EXISTING NEIGHBORHOOD
COMMERCIAL TENANT SPACE AT 935.939 GOLF COURSE DRIVE
(Steve Kelling, Kelling Companies, LLC)
\ryHEREAS, the applicant, Steve Kelling, Kelling Companies, LLC, filed
Planning Application No. PL2010-028UP for approval of a Conditional Use Permit for a
health club in a Neighborhood Commercial tenant space located at 935-939 Golf Course
Drive (APN 143-331-062) in accordance with the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PL20l0-028UP 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 for a
minimum of 10 days prior to the first public hearing in the Community Voice;
\ilHEREAS, on June 24, 2010, the Planning Commission reviewed Planning
Application No. PL2010-028UP dwing 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 Jwre 24,2010, 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-
028UP;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS
FOLLO\ilS:
Section l. That the above recitations are true and correct.
Section 2. Findings. The Planning Commission, in approving Planning
Application No. PL20I0-28UP makes the following findings, to wit;
A. That the proposed location of the conditional use is ín accord wíth the objectives of
the zoning ordinance and the purposes of the district inwhich the site is located.
The proposed location is within a neighborhood commercial area that supports
services and goods to nearby residential neighborhoods that are similar in nature to
the proposed health club. The neighborhood commercial classification allows for a
"health club" by conditional use permit, therefore, the proposed use is an appropriate
one at this location.
B.
C.
That the proposed location of the condítional 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.
As discussed in the staff report, 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 operation.
That the proposed conditìonal 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 Zoning
Ordinance standards. Furthermore, there shall be no changes to the structure that
would affect the dimensional requirements of the Zoning Ordinance as it pertains to
this site.
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 I - Existing Facilities).
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does
hereby approve Planning Application No. PL2010-028UP, subject to the following
conditions:
1. Expiration of Approval. 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.
2. Conformance with Municipal Code and Other Agency Pl?ns. The applicant shall
comply with all applicable sections of the City of Rohnert Park Municipal Code
and any other applicable relevant plans ofaffected agencies.
3. The applicant shall obtain all necessary permits and clearances from the Rohnert
Park Building and Public Safety Departments (if applicable) prior to
commencement of the operation at this location.
4. Any signage shall be subject to Planning Staff approval.
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 24 day of June, 2010 by the City
of Rohnert Park Planning Commission by the following vote:
Borba" Chairpersor¡ Rohnert Park Planning Commission
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AYES: IC NOES: Ò ABSENT: ABSTAIN:-
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