2009/08/27 Planning Commission ResolutionResolution 2009-22
August 27, 2009
PC RESOLUTION NO. 2009-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, APPROVING
A USE PERMIT TO ALLOW THE OPERATION OF A FAST FOOD RESTAURANT
WITHIN A COMMERCIAL BUILDING AT 5225 REDWOOD DRIVE
(Paul Deppe-Annet/Davis/Newlove Architects)
WHEREAS, on June 9, 2005, the Planning Commission approved site plan and
architectural review for two commercial buildings at 5225 Redwood Drive (APN 045-082-064),
along with use permits for a drive-through facility at the south building and a "Jiffy Lube" auto
service operation within the north building (Planning File PL2005-017UP/SR);
WHEREAS, the project is currently under construction and the applicant, Paul Deppe -
Armet/Davis/Newlove Architects, has requested the ability to operate a fast food restaurant in the
south building, which requires the approval of a use permit by the Planning Commission;
WHEREAS, Planning Application No. PL2009-021UP was processed in the time and
manner prescribed by State and local law;
WHEREAS, on August 27, 2009, the Planning Commission reviewed Planning
Application No. PL2009-021UP during a scheduled public hearing at which time interested
persons had an opportunity to testify either in support of or opposition to the project; and,
WHEREAS, at the August 27, 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. PL2009-021UP;
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. PL2009-021UP makes the following findings, to wit;
1. That the proposed location of the conditional use is in accord with the objectives of the zoning
ordinance and the purposes of the district in which the site is located.
Criteria Satisfied. The. site is located within an area developed with regional commercial
uses, wherein fast food restaurants are most ideally located due to the greater commercial
intensity of such land uses. The subject building is being constructed with a drive-through
facility that was originally intended for a coffee shop use and is easily adapted to a fast food
restaurant's use. The site is zoned for Regional Commercial (C-R) use, and this designation
allows for fast food restaurants with a use permit, which the applicant has applied for.
2. That the proposed location of the conditional 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 conditional use will be compatible with the surrounding uses.
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Resolution 2009-22
August 27, 2009
Criteria Satisfied. The building is currently under construction and will be constructed per
the approved site plan and architectural review and the issued building permit. It is located
within an area developed with regional commercial uses; therefore the proposed fast food
restaurant should be in keeping with the pattern of development in the area.
3. That the proposed conditional use will comply with each of the applicable provisions of this
Title.
Criteria Satisfied. The project complies with all applicable Zoning Ordinance standards and
the conditions of the existing site plan and architectural review and drive-through use permit
approvals for the building.
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 15332 (Class 32 — In -Fill Development Projects).
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PL2009-021UP, 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. That all other conditions of approval for this project (e.g. existing use permit, site plan and
architectural review approvals) shall be complied with, unless superseded or amended by this
approval (PL2005-017UP/SR).
3. 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.
4. 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.
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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Resolution 2009-22
August 27, 2009
DULY AND REGULARLY ADOPTED on this 27th day of August, 2009, by the City of
Rohnert Park Planning Commission by the following vote:
MjF'- '- -
Chairperson, Rohnert Park Planning Commission
LAttest. tl." g-4�L
Susan Azevedo, ecording Secretary
AYES: NOES: V ABSENT: ABSTAIN:
AHANOTU ✓ ARMSTRONGy BORBA Ix NILSON
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