2009/04/23 Planning Commission ResolutionPC RESOLUTION NO. 2009-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA, APPROVING FILE NO. PL2009-008UP: USE PERMIT TO
ALLOW AN ADULT DAY PROGRAM IN AN EXISTING NEIGHBORHOOD
COMMERCIAL ("CN") TENANT SPACE LOCATED AT 125 SOUTHWEST
BOULEVARD (APN 143-15-050)
(Don Doherty)
WHEREAS, the applicant, Don Doherty, representative for Dungarvin California, LLC,
has filed Planning Application No. PL2009-008UP for Use Permit approval to allow the
operation of an adult day program in an existing Neighborhood Commercial (C -N) tenant space
located at 125 Southwest Boulevard (APN 143-150-050) in accordance with the City of Rohnert
Park Municipal Code;
WHEREAS, Planning Application No. PL2009-008UP 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 notice was published for a minimum of 10 days prior to
the first public hearing in the Press Democrat;
WHEREAS, on April 23, 2009, the Planning Commission reviewed Planning
Application No. PL2009-008UP 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 23, 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. PL2009-008UP;
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. PL2009-008UP 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 proposed location is within the Neighborhood Commercial (C -N) District, which allows
"school" type uses as conditionally permitted uses. The proposed use is an adult day
program which is similar in nature to a "school'. 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
As discussed in the staff report, the project will be limited in nature and 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 adult day program provides a pick-up and drop-off
transportation service for all clients participating in the program and this will ensure that the
on-site parking supply is more than adequate for this use.
3. The proposed use will comply with each of the applicable provisions of this title.
The project will comply with all applicable Zoning Ordinance standards, including those for
off-street parking and circulation and signage. Staff will work with the applicant to revise
and reconfigure exterior walkway improvements to ensure that all improvements remain on
the subject 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 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. PL2009-008UP to allow operation of an adult day program in
an existing neighborhood commercial tenant space located at 125 Southwest Boulevard (APN
143-150-050), 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 — 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 including the State Department of Social
Services/Community Care licensing.
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. Prior to issuance of a building permit, the site plan shall be revised and resubmitted to the
Planning Department showing compliance with all applicable Zoning Ordinance
requirements. More specifically, exterior modifications at the rear of the property shall be
reconfigured to meet the dimensional requirements of the project site.
S. 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 23th day of April, 2009, by the City of
Rohnert Park Planning Commission by the following vote:
John BorW,Qalrperson,*Rohnert Park Planning Commission
Attest:
Susan Azevedo;%%cording Secretary
AYES: NOES: �` ABSENT: ABSTAIN:
AHANOTU ARMSTRONG ' BORBA NILSON NORDIN