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2009/08/27 Planning Commission Resolution (2)PC RESOLUTION NO. 2009-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, CONDITIONALLY APPROVING FILE NO. PL2009-022UP: USE PERMIT FOR AUTO BODY REPAIR AND PAINT SHOP IN AN EXISTING INDUSTRIAL BUILDING AT 5180 COMMERCE BOULEVARD (Robert Moore/Robert Moore Architect) WHEREAS, the applicant, Robert Moore/Robert Moore Architect (representative for Sonoma County Collision Center), filed Planning Application No. PL2009-022UP for approval of a use permit for an auto body repair and paint shop in an existing industrial building at 5180 Commerce Boulevard (APN 143-030-001) in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PL2009-022UP 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 was published for a minimum of 10 days prior to the first public hearing in the Community Voice; WHEREAS, on August 27, 2009, the Planning Commission reviewed Planning Application No. PL2009-022UP 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 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. 1IL2009-022UP; 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. P1,2009-22UP makes the following findings, to wit; A. 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. The proposed location is within an industrial area that supports automotive repair facilities that are similar in nature to the proposed shop. The light industrial classification allows for "vehicle repair/body shops" by conditional use permit, therefore, the proposed use is an appropriate one at this location. B. 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. As discussed in the staff report, 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 applicant will be required to obtain all necessary permits pertaining to the operation. C. That the proposed conditional use will comply with each of the applicable provisions of this Title. As discussed in the staff report, 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 15303 (Class 3 — Conversion of Small Structures). NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PL2009-022UP, 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. The applicant 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. 4. The applicant shall secure all necessary permits from any affected agency prior to commencement of this operation. 5. Any signage shall be subject to Planning Staff approval. 6. All repair activities and operations shall be conducted entirely within the building. 7. Any vehicle painting shall be conducted in an approved paint booth that has received all applicable permits. 8. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside the main building. 2 9. The applicant shall ensure that all hazardous materials (e.g. paints, motor fluids) are stored properly as per the Uniform Fire Code and any waste is transported off-site by an approved recycler/disposal service. 10. Any tanks installed for crankcase drainings shall be installed in accordance with the requirements for flammable liquid storage. In addition thereto, drainage lines terminating inside a building shall be equipped with a suitable trap or check valve. 11. All hydraulic hoists and pits and equipment for lubrication, greasing, vehicle washing, and permitted repairs shall be enclosed entirely within a building. 12. The exterior parking area shall be used for employee and customer parking only, and not for the repair or finishing work or long term (over one week) storage of vehicles. 13. Any vehicles awaiting work shall be parked on-site and not in the public right-of- way. 14. The existing landscaping on-site shall be refurbished/replanted as needed and maintained in a presentable manner. 13E 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. DULY AND REGULARLY ADOPTED on this 27th day of August, 2009 by the City of Rohnert Park Planning Commission by the following vote: Rohnert Park Planning Commission Attest" "" Susan Azevedo, cording Secretary G� 1 AYES: NOES: ABSENT: ABSTAIN: AHANOTIJ ARMSTRONG BORBA NILSON NORDIN_