2009/08/27 Planning Commission Resolution (3)PC RESOLUTION NO. 2009-24
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROHNERT PARK, CALIFORNIA,
CONDITIONALLY APPROVING FILE NO. PL2009-023UP:
USE PERMIT FOR A CONTRACTORS' STORAGE YARD IN THE LIGHT
INDUSTRIAL "I-L/O" ZONING DISTRICT
(Jeff Englehart/Cagwin and Dorward)
WHEREAS, the applicant, Jeff Englehart/Cagwin and Doi -ward, filed Planning
Application No. PL2009-023UP for approval of a use permit for a contractors' storage
yard located at 121 J Rogers Lane (APN 143-040-57, -59) in accordance with the City of
Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PL2009-023UP 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. PL2009-023UP 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.
PL2009-023UP;
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. PL2009-23UP 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 contractors' storage
yards that are similar in nature to the proposed facility. The light industrial
classification allows for "contractors' storage yard" 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.
1
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 or site
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. PL2009-023UP, 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. Applicant shall install slats in the chain link fencing to screen the storage area from
public view.
7. Applicant will work with staff to assure compliance will all zoning code
requirements regarding Section 17.12.130 (Trash Enclosures).
8. The applicant shall ensure containment of all hazardous materials when stored on-
site, including but not limited to gasoline, fertilizers, oils, hydraulic fluid, weed
killers etc.
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.
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
(_ a l
Attest:
Azevedo, Recoiling Secretary
AYES: NOES: C) ABSENT: ABSTAIN:
AHANOTU `/ ARMSTRONG BORBA NILSON _ NORDIN
3