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2019/11/14 Planning Commission Resolution 1 PLANNING COMMMISSION RESOLUTION NO. 2019-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK APPROVING SITE PLAN AND ARCHITECTURAL REVIEW FOR THE STRAUS FAMILY CREAMERY ADDITIONS LOCATED AT 655 PARK COURT (APN 143-040-067) WHEREAS, the applicant, Ed Brush, representing Straus Family Creamery, has submitted a Site Plan and Architectural Review application for additions to the existing industrial building located at 655 Park Court (APN, 143-040-067); and WHEREAS, Planning Application No. PLSR19-0008 was processed in the time and manner prescribed by State and local law; and WHEREAS, the project is located in the Industrial Zoning District, and so designated on the Rohnert Park Zoning Map; WHEREAS, on November 14, 2019, the Planning Commission reviewed Planning Application No. PLSR19-0008 at which time interested persons had an opportunity to testify either in support of or opposition to the project; and, WHEREAS, at the November 14, 2019 Planning Commission meeting, upon 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. PLSR19-0008. 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. Factors Considered. The Planning Commission, in approving Planning Application No. PLSR19-0008, makes the following findings, to wit: A. That the developments general appearance is compatible with existing development and enhances the surrounding neighborhood. Criteria Satisfied. The project proposes additions to the exterior of the building and will not change the existing exterior façade of the building. The proposal will add new exterior equipment to the site which will be partially visible from surrounding properties. The additions are consistent with the industrial development in the surrounding area. Much of the existing landscaping on the site is preserved to give the project a mature appearance. The proposed landscape plan would enhance the property and provide a buffer to adjacent parcels. The equipment would be mostly screened from view from the public. ( 2 ) Reso 2019-34 B. That the development incorporates a variation from adjacent on-site and off-site structures in height, bulk, and area; arrangement on the parcel; openings or breaks in the façade facing the street; and/or the line and pitch of the roof. Criteria Satisfied. The project proposes to add exterior modifications that would not alter the height, bulk, or area of the existing building. No expansions or other exterior changes are proposed that would affect the design of the existing building. The exterior equipment would add new structure and features to the site which would be consistent with the industrial nature of the use and consistent with surrounding land uses. C. That the development will be located and oriented in such a manner so as to provide pedestrian, bicycle and vehicular connections with adjacent properties, as appropriate, and avoids indiscriminate location and orientation. Criteria Satisfied. The project involves exterior modifications to an existing building and therefore no changes to the building orientation or setbacks are proposed. The applicant is proposing to install bicycle parking and there is pedestrian access already connecting the site. The site as currently designed is consistent with this criteria. Section 3. Environmental Clearance. The project is exempt under CEQA Section 15332 in-fill development projects. The project site has no value as habitat for endangered, rare, or threatened species and would not result in any significant effects relating to traffic, noise, air quality or water quality; and the site can be adequately served by all required utilities and public services. No further action is required pertaining to environmental review. NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PLSR19-0008 subject to the following Conditions of Approval; 1. All applicable provisions of the City of Rohnert Park Municipal Code are made a part of these conditions of approval in their entirety, as if fully contained herein. 2. The violation of any condition listed herein shall constitute a nuisance and a violation of the City of Rohnert Park Municipal Code (RPMC). In conformity with Chapter 1.16 of the City of Rohnert Park Municipal Code, a violation of the City of Rohnert Park Municipal Code may be an infraction or a misdemeanor and shall be punishable as provided by law. In addition to criminal penalties, the City may seek injunctive relief. The Applicant agrees to pay for all attorney’s fees and costs, including, but not limited to, staff time incurred by the City in obtaining injunctive relief against the Applicant as a result of a failure of the Applicant to fully perform and adhere to all of the Conditions of Approval. 3. The Applicant agrees to defend, indemnify, hold harmless and release the City of Rohnert Park, its agents, officers, attorneys and employees from any claim, action or proceedings brought against any of the above, the purpose of which is to attack, set aside, void, or annul the approval of this application. This indemnification obligation shall include but not be limited to, damages, costs, expenses, attorneys’, or expert witness fees that may be asserted by any person or entity, including the Applicant, ( 3 ) Reso 2019-34 whether or not there is concurrent passive or active negligence on the part of the City, its agents, officers, attorneys or employees. 4. The Site Plan and Architectural Review approval shall expire one year from the Planning Commission approval date, unless prior to the expiration a building permit is issued and construction is commenced and diligently pursued toward completion and use is initiated, or an extension is requested. 5. The existing driveway and curb ramps should be replaced with an ADA-compliant design per City Std Dwg 250. 6. A sump drain shall be provided in the floor of the trash dumpster enclosure, with the drain connected to the sanitary sewer system. 7. The existing perimeter road around the building appears to be unpaved grass per aerial photos. The road will need to be upgraded to meet CFC Section 503 requirements. 8. Provide a backflow preventer/ detector check assembly on the water lateral serving the on-site private fire line to isolate it from the public system. The backflow preventer shall be located in the public ROW or if on-site located in an easement as close to the public ROW as possible. 9. Provide fire flow calculations demonstrating that adequate fire flow and pressure is available from the existing water system. 10. The narrative indicates that waste trucks will load on the south side of the building. It is not clear on the site plan where the loading will take place or how spills will be contained. Final improvement plans shall show truck access and loading/ spill containment improvements. 11. An Industrial Waste Discharge Permit may be required from the City of Santa Rosa. Pre-treatment measures may also be required on-site prior to discharge to the City system. 12. Provide sewer flow meter(s) on any and all sewer laterals serving the project. The sewer flow meter(s) shall be located in the public right-of-way or if on-site located in an easement as close to the public right-of-way as possible. 13. A large sized key box shall be provided with a set of permanently labelled keys at the building entry. All doors to utility rooms and fire alarm panels shall be labelled. 14. Fire sprinklers are required per NFPA 13 and local ordinance. A separate fire department permit (FS 10) is required. 15. An automatic fire alarm system is required per NFPA 72 and local ordinance. A separate fire department permit (FS 12) is required. 16. Fire extinguishers shall be provided as per CFC. 17. The fire lane shall be improved to meet current requirements per CFC Section 503. 18. Additional Operational Permits may be required prior to occupancy. 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 ten (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. 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