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2008/06/12 Planning Commission ResolutionItem No.: 2 File No.: PL2008-016UP PC RESOLUTION NO. 2008-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AUTO SALES IN AN EXISTING INDUSTRIAL ("I -L") TENANT SPACE LOCATED AT 35 EXECUTIVE AVENUE SUITE #10, APN 143-490-008 Colin McCormick/All About Cars WHEREAS, the applicant, Colin McCormick, filed a Planning Application PL2008- 016UP for consideration of a Conditional Use Permit for an auto wholesale operation in an existing Industrial ("I -L") tenant space located at 35 Executive Drive, #10 (APN 143-490-008) in accordance with the City of Rohnert Park Municipal Code. WHEREAS, Planning Application No. PL2008-016UP 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 June 12, 2008, the Planning Commission reviewed Planning Application No.PL2008-016UP 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. Findings. The Planning Commission, in approving Planning Application No. PL2008-016UP 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 a tenant space within a light industrial building that was designed for auto repair uses and is currently vacant. The proposed use would be less intensive than an auto repair use at this site, in that customer traffic would be limited and the two (2) vehicles proposed for sale would be stored inside the confines of the building. The proposed use would, therefore, be 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 would be limited in nature and would be a small office use that would be compatible with adjacent uses, therefore it would 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 June 12, 2008 Page 4 of 6 Item No.: 2 File No.: PL2008-016UP 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 would 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. PL2008-016UP, 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. 5. The applicant shall comply with the applicable provisions of Subsection 17.07.020 (FF), which govern the operation of vehicular dealerships and rental agencies. These provisions include restrictions on vehicle repairs and requirements for noise control and a security plan for the business. 6. No more than two (2) vehicles for sale may be kept on the premises at any one time, with parking for these vehicles to be within the building's confine. Should additional for -sale vehicles be desired to be kept on premises, this use permit will be subject to amendment by the Planning Commission. 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 12th day of June, 2008 by the City of Rohnert Park Planning Commission by the following vote: Planning Commission Staff Report June 12, 2008 Page 5 of 6 Item No.: 2 File No.: PL2008-016UP my Ahanotu, Chairperson, Rohnert Park Planning Commission Attest: Susan Azeve , Recording Secretary AYES: � NOES: 0 ABSENT: ABSTAIN: ADAMS V/ AHANOTU I/ ARMSTRONG � CALLINAN KILAT � Planning Commission Staff Report June 12, 2008 Page 6 of 6