2008/04/24 Planning Commission Resolution (5)Item No.: 4
File No.: PL2008-012UP
PC RESOLUTION NO. 2008-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK,
CALIFORNIA, APPROVING A CONDTIONAL USE PERMIT FOR A DANCE/FITNESS
STUDIO IN AN EXISTING INDUSTRIAL TENANT SPACE AT 554 MARTIN AVENUE
(APN 143-930-035)
(I Candy Fitness))
WHEREAS, the applicant, filed a Planning Application PL2008-012UP for consideration
of a Conditional Use Permit for a Dance Fitness Studio in an existing industrial tenant space at 554
Martin Avenue in accordance with the City of Rohnert Park Municipal Code.
WHEREAS, Planning Application No. PL2008-012UP 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 and within 300 feet of the project site;
WHEREAS, on April 24, 2008, the Planning Commission reviewed Planning Application
No.PL2008-012UP during a scheduled public hearing at which time interested persons had an
opportunity to testify either in support 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. Findings. The Planning Commission, in approving Planning Application No.
PL2007-009UP makes the following findings, to wit;
Conditional Use Permit
A. That the proposed location of the conditional use is consistent with the objectives of
the Zoning Ordinance and the purposes of the district in which the site is located;
Criteria Satisfied: The proposed location is within the Industrial (I -L) District,
which allows "studio' type uses as conditionally -permitted uses. The applicant has
applied for the required use permit.
B. That the proposed location of the condition use and the conditions under which it
would be operated and 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.
Criteria Satisfied: 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.
Planning Commission Staff Report
April 24, 2008
Page 5 of 7
Item No.: 4
File No.: PL2008-012UP
C. The proposed conditional use will comply with each of the applicable provisions of'
this title.
Criteria Satisfied: 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 Application No. PL2008-012UP, Conditional Use Permit I Candy Fitness Studio located
at 554 Martin Avenue subject to the following conditions:
1. Expiration of Approval — Pursuant to the City of Rohnert Park Municipal Code, the
Conditional Use Permit approval shall expire one year from the Planning Commission
approval date, unless prior to the expiration a building permit is issued for the building
expansion and construction is commenced and diligently pursued toward completion or an
extension is requested and approved prior to the expiration of this application.
2. 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.
3. The applicant shall obtain all necessary permits and clearances from the Rohnert Park
Building and Public Safety Departments prior to initiation of construction at this location.
4. Any signage shall be subject to Planning Staff approval.
5. Staff shall monitor the dance studio operation to ensure that noise levels do not exceed
adopted standards and do not create a nuisance for the adjacent tenant. Additionally, staff
will work with the applicant towards a resolution should this become an issue. If none can
be reached, the use permit shall be returned to the Planning Commission for supplemental
review.
BE IT FURTHER RESOLVED that said action shall not be deemed final until the appeal
period, which is 10 working days from the date of said action, has expired. No building permits
shall be issued until the appeal period has expired, provided no appeals have been filed.
DULY AND REGULARLY ADOPTED on this 24th day of April, 2008, by the City of
Rohnert Park Planning Commission by the following vote:
Planning Commission Staff Report
April 24, 2008
Page 6 of 7
Item No.: 4
File No.: PL2008-012UP
Amy Ahanotu, Chairperson, Rohnert Park Planning Commission
Attest: �L a,-,, ()Lc�
usan Azevedo, kecording Secretary
AYES: NOES: ABSENT: ABSTAIN:
ADAMS AHANOTU '� ARMSTRONG-CALLINAN `� KILAT
Planning Commission Staff Report
April 24, 2008
Page 7 of 7