2009/04/09 Planning Commission ResolutionPC RESOLUTION NO. 2009-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA, APPROVING FILE NO. PL2009-007UP: USE PERMIT TO
ALLOW AN AMUSEMENT CENTER IN AN EXISTING REGIONAL COMMERCIAL
(C-R) TENANT SPACE LOCATED AT 4601 REDWOOD DRIVE
(Rod Towery, Driven Raceway)
WHEREAS, the applicant, Rod Towery, Driven Raceway has filed Planning Application
No. PL2009-007UP for Use Permit approval to allow the operation of an amusement center in an
existing Regional Commercial (C-R) tenant space located at 4601 Redwood Drive (APN 045-
055-023) in accordance with the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PL2009-007UP 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 Community Voice;
WHEREAS, on April 9, 2009, the Planning Commission reviewed Planning Application
No. PL2009-007UP 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 April 9, 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. PL2009-007UP;
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 Plaiming Commission, in approving Planning Application
No. PL2009-007UP makes the following findings, to wit:
The proposed location of the conditional use is consistent with the objectives of the7,oning
Ordinance and the purpose of'the district in which in the site is located
The proposed location is within the Regional Commercial (C-R) District, which allows
"amusement center" type uses as conditionally permitted uses. 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 with 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. The vehicles used in the
operation are all electric powered and will not generate pollutants. There is an adequate
parking supply to serve the proposed Driven Raceway Operation.
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 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. PL2009-007UP to allow operation of an amusement center in
an existing regional commercial tenant space located at 6101 Redwood Drive (APN 045-055-
023), subject to the following conditions:
Expiration of Ap rp oval — 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.
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 9th day of April, 2009, by the City of
Rohnert Park Planning Commission by the following vote:
John
j
Attest:\AW h,"
Susan Azevedo, cording Secretary
AYES: NOES: ABSENT:
AHANOTU ARMSTRONG
Rohnert Park Planning Commission
ABSTAIN:
BORBA JNILSON
NORDIN