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2009/03/12 Planning Commission Resolution (3)PC RESOLUTION NO. 2009-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING FILE NO. PL2009-003UP: USE PERMIT TO ALLOW THE OPERATION OF A CHURCH IN AN EXISTING LIGHT INDUSTRIAL TENANT SPACE LOCATED AT 311 PROFESSIONAL CENTER DRIVE (Glenn Olson, Gateway Christian Church) WHEREAS, the applicant, Glenn Olson, Gateway Christian Church has filed Planning Application No. PL2009-003UP for Use Permit approval to allow the operation of a church in an existing light industrial tenant space located at 311 Professional Center Drive (APN 143-490- 026) in accordance with the City of Rohner Park Municipal Code; WHEREAS, Planning Application No. PL2009-003UP 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 10 days prior to the first public hearing in the Press Democrat; WHEREAS, on March 12, 2009, the Planning Commission reviewed Planning Application No. PL2009-003UP during a scheduled public meeting at which time interested persons had an opportunity to testify either in support or opposition to the project; and WHEREAS, at the March 12, 2009 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. PL2009-003UP; 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. PL2009-003UP makes the following findings, to wit: 1. The proposed location of the conditional use is consistent with the objectives of the Zoning Ordinance and the purpose of the district in which in the site is located. The project would be located in a Industrial/Office Overlay (I -L/0) District that allows churches ("religious assembly") and accessory uses pertaining to same as conditional uses. The project will operate in a manner that will further applicable 'Zoning Ordinance's objectives, including those intended to protect existing land uses from inharmonious influences and harmful intrusions. The project is also consistent with applicable objectives including those intended to appropriately locate uses in areas that are required by the residents of the city, to provide adequate space for community facilities and institutions that appropriately may be located in commercial areas; and to provide service uses that are conveniently located for the general public. 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 with the surrounding uses; and As discussed in the Staff Report, the proposed operation would be located in an industrial/office district. The hours of operation of the church would generally not conflict with other uses in the area as activities would occur in the evenings and early on Sundays, thus no impact relative to parking, traffic, or conflict of use is anticipated. 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 I — 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. PL2009-003UP to allow operation of a church in an existing light industrial tenant space located at 311 Professional Center Drive (APN 143-490-026), 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 fire sprinkler system ordinance. 4. All sign proposals shall be submitted to the Planning Division for review and approval prior to installation. 5. Handicapped parking and access shall be provided in accordance with the latest ADA requirements. b. The church shall not occupy the premise until all necessary improvements are completed and approved. 7. The Planning Division shall review church operations, if necessary, including adequacy of on-site parking to ensure compliance with all conditions as stated herein. Should parking demands exceed supply, the church shall be responsible for securing additional off-street parking through a formal joint parking agreement with a neighboring use or otherwise mitigating the parking impact. Failure to mitigate the parking deficit to the satisfaction of the Planning Division may result in the reconsideration of this use permit by the Planning Commission and the imposition of additional conditions or the revocation of said 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 ADOPTED on the 12th day of March, 2009, by the City of Rohnert Park Planning Commission by the following vote: Johnrb , Chairperson; Rohnert Park Planning Commission Attes)SLu—sanAzevedo,'�Recor—ding �'�+"'VeIL Secretary AYES: q NOES: ABSENT: 1 ABSTAIN: AHANOTCIZ�k ARMSTRONG `l BORBA � NILSON ✓ NORDIN