2009/02/12 Planning Commission ResolutionPC RESOLUTION NO. 2009-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, CONDITIONALLY
APPROVING FILE NO. PL2009-001UP: CONDITIONAL USE PERMIT
TO ALLOW A LARGE FAMILY DAY CARE HOME IN A SINGLE-FAMILY
RESIDENCE LOCATED AT 678 HOLLY AVENUE
(Casha Cory)
WHEREAS, the applicant, Casha Cory, filed Planning Application No. PL2009-OOIUP
for a Conditional Use Permit to allow a large family day care operation in a single-family
residence located at 678 Holly Avenue in accordance with the City of Rohnert Park Municipal
Code;
WHEREAS, Planning Application No. PL2009-OOIUP was processed in the time and
manner prescribed by State and local law;
WHEREAS, pursuant to California State Law, public hearing notices were mailed to all
property owners within a 300 foot radius of the subject property, and a public hearing notice was
published for a minimum of 10 days prior to the first public hearing in the Press Democrat;
WHEREAS, on February 12, 2009, the Planning Commission held public hearings on
Planning Application No. PL2009-001UP at which time interested persons had an opportunity to
testify either in support or opposition to the project; and
WHEREAS, at the public hearings, 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. PL2009-001UP;
NOW, 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. PL2009-001 UP (Conditional Use Permit) makes the following findings; to wit;
1. That the proposed location of the conditional use is in accord with the objectives of the City
of Rohnert Park Zoning Ordinance and the purposes of the district in which the site is
located.
The State Legislature has declared that day care is to be allowed as an accessory use to a
residence so that day care may be provided in a traditional neighborhood setting. The
proposed location is a residence; therefore the use is an appropriate one at this location and
furthers the State's intent regarding such uses. Furthermore, the proposed increase would
meet the City's Zoning Ordinance requirements for large family day care uses.
2. That the proposed location of the conditional use and the conditions under which it is
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 Project Analysis, the project, as conditioned, 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 shall be required to secure the necessary permit
from the State to allow the operation. In addition, conditions will be imposed by the use
permit that should mitigate any concerns related to the facility.
3. That the proposed conditional use will comply with each of the applicable provisions of Title
17 of the City of Rohnert Park Municipal Code.
As discussed in the Project Analysis, 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 1 — Existing Structures).
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PL2009-OOIUP: Conditional Use Permit, 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 the operation commences or an extension of the use
permit is applied for.
2. The applicant shall be required to comply with all applicable sections of the City of
Rohnert Park Municipal Code and any other applicable relevant plans of affected
agencies, including the State Department of Social Services and State Fire Marshall.
3. The operation shall be limited to a maximum of 14 children.
4. The use of the outdoor areas of the property by children's activities shall be limited to no
earlier than 8:00 a.m.
5. The applicant shall stagger children's drop-off and pick-up times sufficiently to ensure
that no more than three parents are delivering or picking up children at one time.
Vehicles dropping -off and picking -up children shall be required to park on the curb and
shall not block ingress/egress to/from the shared driveway.
6. Off-street parking shall be provided for any employee that is in addition to the resident
childcare provider, with the driveway of the home appropriate for this use.
7. There shall be no sign or other exterior evidence identifying the day care operation.
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 until the appeal period has expired, providing
there are no appeals.
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DULY AND REGULARLY ADOP'T'ED on this 12th day of February, 2009, by the
City of Rohnert Park Planning Commission by the following vote:
Jo orbs, Chairperson, Rohnert Park Planning Commission
Attest: (;qu�144CZ_L
S&ie Azev do, Recordi Secretary
AYES: � NOES: � ABSENT: ABSTAIN:
AIIANOTU `� ARMSTRONG `f BORBA NILSON
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NORDIN