2010/07/22 Planning Commission Resolution (2)PLANNING COMMISSION RESOLUTION NO. 2O1O-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA, APPROVING FILE NO. PL2010-047UP: USE PERMIT TO
ALLO\il RELTGTOUS ASSEMBLY rN AN EXTSTING I-L (INDUSTRIAL) BUILDING
TENANT SPACE LOCATED AT 5965 LABATH AVENUE
WHEREAS, the applicant, Sam Howard on behalf of Calvary Life Church, has frled
Planning Application No. PL2010-047UP for Use Permit approval to allow conversion of a
portion of an existing industrial building to religious assembly use in an existing Industrial (I-L)
tenant space located at 5965 Labath Avenue (143-930-030) in accordance with the City of
Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PL20I0-047UP 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 in the Community.Voice for
a minimum of 10 days prior to the first public hearing;
WHEREAS, on July 22,2010, the Planning Commission reviewed Planning Application
No. PL2010-047UP during a scheduled public meeting at which time interested persons had an
opportunity to testiff either in support or opposition to the project; and
\ilHEREAS, at the July 22,2010 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. PL2010-047UP;
NOW, THEREFORE' THE PT,ANNING COMMISSION OF THE CITY OF'
ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOTilS:
Section 1. That the above recitations are true and correct.
Section 2. Findings. The Planning Commission, in approving Planning Application
No. PL20l0-047UP makes the following frndings, to wit:
I. The proposed location of the conditíonal use is consistent with the objectives of the Zoning
Ordinance and the purpose of the district in which in the site is located.
The proposed location is within the I-L (lndustrial) District, which allows religious assembly
use as a conditionally permitted use. 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 materially
injurious to properties or improvements in the vicinity and that the operation and
maintenance of the use will be compatible wíth the surrounding uses; and
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. Because the hours of the
religious assembly use do not correspond to the hours of the other uses in the building and in
the surrounding buildings, there will be an adequate parking supply to serve the proposed
use.
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.
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. PL2010-047UP to allow religious assembly in an existing I-L
(Industrial) building tenant space located at 5965 Labath Avenue (APN 143-930-030), 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.
4. The new proposed use of this space will require a change of occupancy as required by the
Califomia Building Code Sec. 3406.1. The new use and space shall comply with all
requirements for an A-3 Occupancy Group Classification.
5. The interior existing space and route of travel from the public way and parking area to this
space shall comply with current ADA Title24 disabled access regulations.
6.
7.
This Conditional Use Permit is limited to religious assembly and related uses including
religious classroom use, wedding ceremonies and firneral or memorial service use.
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.
8. All on-site and building signage proposals shall be submiued to the Planning Division for
review and approval prior to installation.
9. Violations of the Conditional Use Permit or any provision of the Municipal Code Chapter
17.25 Article XIV may be cause for revocation of this Conditional Use Permit.
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 on the 22nd day of July, 2010, by the City of
Rohnert Park Planning Commission following vpÇ
Nordiq, VlqqGh¿frperson
Park Planning Commission
On"rr\{-',Jr-l-4
Susan Azevedo,ng Secretary
AYES: ^l
,NOES:- ABSENT: I ABSTAIN:-
AHANOTU ARMSTRoNG Y BORBA I fN NNSON { N.RDIN Yt