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.
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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_