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2010/10/14 Planning Commission ResolutionPC RESOLUTION NO. 2O1O-25 A RESOLUTION OF THE PLANNING COMMISSION oF THE CITY OF ROHNERT PARK, CALIFORNIA, CONDITIONALLY APPROVING FILE NO. PL2O1O.O63UP: USE PERMIT FOR AUTO BODY REPAIR AND PAINT SHOP IN AN EXISTING INDUSTRIAL BUILDING AT 5I8O COMMERCE BOULEVARI) (Robert Moore/Robert Moore Architect) WHEREAS, the applicant, Robert Moore/Robert Moore Architect (representative for G & C Auto Body), filed Planning Application No. PL2010-063UP for approval of a use permit for an auto body repair and paint shop in an existing industrial building at 5180 Commerce Boulevard (APN 143-031-001) in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PL20I0-063UP 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 was published in the Community Voic.e for a minimum of l0 days prior to the first public hearing; WHEREAS, on October 14, 2010, the Planning Commission reviewed Planning Application No. PL20I0-063UP 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 October 14, 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. PL20l0-063UP; NOW, THEREFORE, THE PLANNING COMMISSION 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. Findin$. The Planning Commission, in approving Planning Application No. PL20I0-063UP makes the following findings, to wit; A. That the proposed location of the conditional is consistent with the objectives of the Zoning Ordinance and the purposes of the district ín which the site ís located. The proposed location is within an industrial area that permits vehicle repair/body shops subject to Conditional Use approval. There are similar vehicle repair shops in the vicinity of the proposed auto body shop. Therefore, the proposed use is an appropriate one at this location. B. That the proposed location of the conditíonal use and the conditions under which it would be operated or maintqined will nqt be detrimental to the public health, safety, or welfare, or materiolly injuríous to properties or ímprovements in the vicinity, and that the operation and maintenance of the Conditional Use will be compatible with the surrounding 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 operation and be in compliance with the Conditions of Approval. C. That the proposed condítional 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 including Section l7 .07.020 GG containing standards for vehicle repair and vehicle body shops. Section 3. Environmental Clearance. The project is categorically exempt from the Califomia Environmental Quality Act, pursuant to Califomia 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. PL20I0-063UP, 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 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. The applicant shall comply with all applicable sections of the City of Rohnert Park Municipal Code. 3. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building Department and from Public Safety for the storage of hazardous materials. 4. This occupancy shall comply with all applicable sections of Chapter l5 of the 2007 CFC, details subject to approval of the Department of Public Safety. 5. Fire extinguishers shall be installed on the site per the Fire Code, details subject to approval of the Department of Public Safety. 6. The applicant shall comply with all requirements of the City of Santa Rosa Industrial Waste Division, who provide and administration and inspection of industrial waste regulations for Rohnert Park. 7. Any signage shall be subject to Planning Staff approval. 8. All repair activities and operations for the auto body shop shall be conducted entirely within the building with the roll-up doors in a half closed position except 9. 10. I l. t2. 13. 14. 15. 16. t7. when vehicles are entering and leaving the repair area of the building. If noise complaints are received as a result of this use, a technical analysis shall be conducted by a professional acoustical engineer for designing mitigation measures to reduce noise to an accept¿ble level as provided for in the Rohnert Park General Plan 2000, Mitigation of Noise Impacts Policy NS-7. Any vehicle painting and priming shall be conducted in an approved paint booth that has received all applicable permits. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment or permanently disabled or junked vehicles shall be stored in the enclosed yard area at the rear of the building. There shall be no storing of vehicles in area near the rear of the building along Utility Court unless appropriate screening is applied to the existing decorative fencing. Wrecked vehicles may be stored in the rear storage area for a maximum of 30 days. The applicant shall ensure that all hazardous materials (e.g. paints, motor fluids) are stored properly as per the Uniform Fire Code and any waste is transported ofÊsite by an approved recycler/disposal service. Any tanks installed for crankcase, radiator or gas tank drainings shall be installed in accordance with the requirements for flammable or hazardous liquid storage. In addition thereto, drainage lines terminating inside a building shall be equipped with a suitable trap or check valve. All hydraulic hoists and pits and equipment for lubrication, greasing, vehicle washing, and permiued repairs shall be enclosed entirely within a building. The exterior parking area in front of the building consisting of 28 spaces shall be used for employee and customer parking only, and not for the repair or finishing work or long term (over one week) storage of repaired vehicles. Any vehicles waiting for repair work shall be parked on-site at the rear of the building behind the slated chain-link fenced and not in the front parking lot or in the public right-of-way. The existing landscaping on-site shall be refurbished/replanted as needed and maintained in a presentable manner. The weeds at the rear of the building along the chain link fence shall be removed and the area shall be treated to prevent future weed growth or shall be landscaped subject to staff approval. The existing domestic and inigation water services to the property shall be upgraded to comply with city standards. The applicant shall obtain an Encroachment Permit from the city and complete the underground fire sprinkler service connection serving this property. The barbed wire on the chain link fence shall be removed. Any wood slats in the chain link fence shall be replaced with metal or plastic slats to match the color of the existing slat. 18. t9. 20. 2L The antennas on the roof of the building shall be removed. 22. When the front security gates at the driveway locations are closed, wrecked vehicles shall not be left in front of the gates or on City streets. Vehicles shall only be towed to the site when the facility is open for business or someone is in attendance to provide access for the towing vehicle. Applicant to provide auto door opener for Commerce Boulevard gate and northern interior gate for drop off. 23. The only vehicles stored or parked on the site shall be customer parking, employee parking or vehicles waiting to be repaired or vehicles that have been repaired. 24. Any liquids from vehicle washing, wet sanding or other operations shall not be permitted to drain into the storm sewer system or sanitary sewer system and shall comply with the requirements of the City Rohnert Park and any other responsible agency. 25. Any refuse container shall be stored within the building or within a refuse enclosure, details subject to approval of the Department of Public Safety. 26. All existing fire lanes on the properly shall be in good condition and clearly marked and painted prior to final inspection, det¿ils subject to approval of the Department of Public Safety. BE 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 AND REGULARLY ADOPTED on this 14th day of October, 2010 by the City of Rohnert Park Planning Commission by the following vote: AYES: Ú DNOES:- ABSENT:- ABSTAIN:- ,./ ARMSTRONG BORBA ¿¿'/NILSON NORDTN /AHANOTU rperso!, Rohnert Park Planning Commission