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2008/03/27 Planning Commission Resolution (2)Item No.: 1 File No.: PL2008-008UP PC RESOLUTION NO. 2008-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CONDTIONAL USE PERMIT FOR AUTO SALES IN AN EXISTING COMMERCIAL TENANT SPACE LOCATED AT 101 GOLF COURSE DRIVE (Larry Hartwick/Hartwick Auto Group) WHEREAS, the applicant, Larry Hartwick, filed a Planning Application PL2008-OOUP for consideration of a Conditional Use Permit for an auto wholesale operation in an existing commercial tenant space located at 101 Golf Course Drive (APN 160-010-008) in accordance with the City of Rohnert Park Municipal Code. WHEREAS, Planning Application No. PL2008-008UP was processed in the time and manner prescribed by State and local law; WHEREAS, public hearing notices were appropriately posted and mailed to the property owners adjacent to and within 300 feet of the project site; WHEREAS, on March 27, 2008, the Planning Commission reviewed Planning Application No.PL2008-008UP 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, 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. Findinas. The Planning Commission, in approving Planning Application No. PL2008-009UP 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 a Regional Commercial area that allows for a variety of services. The Regional Commercial classification allows for"Vehicular Dealerships" by conditional use permit and the applicant has applied for the required permit. 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 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. C. That the proposed conditional use will comply with each of the applicable provisions of this Title. Planning Commission Staff Report March 27, 2008 Page 4 of 6 Item No.: 1 File No.: PL2008-008UP 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 15301 (Class 1 — Existing Facilities). NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PL2008-008UP, 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 Department prior to commencement of the operation at this location. 4. Any signage shall be subject to Planning Staff approval. No tenant promotion signage or advertising may be placed in the parking lot of the premises or on the automobile. Display of pricing on the vehicle is limited to Kelly Blue Book vehicle listing printout. 5. 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. 6. The three reserved parking spaces, located at the southern portion of the parking lot, facing Golf Course Drive and adjacent to the convenience store shall be used by the operation. No vehicle shall be parked on the premises more than 24 hours. 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. Planning Commission Staff Report March 27, 2008 Page 5 of 6 Item No.: 1 File No.: PL2008-008UP DULY AND REGULARLY ADOPTED on this 27th day of March, 2008 by the City of Rohnert Park Planning Commis 'on by the fo owing v DAVID ARMSTRONG, VICE—CHAIRPERSON, ROHNERT PARK PLANNING COMMISSION Attest: &W (nwr (1af-t S san Azevedo, Re rding Secretary AYES: NOES: ABSENT: Z ABSTAIN: ADAMS 1 AHANOTU ft ARMSTRONG_ CALLINAN 1 KILAT Ar Planning Commission Staff Report March 27, 2008 Page 6 of 6