2020/08/27 Planning Commission Resolution
PLANNING COMMMISSION RESOLUTION NO. 2020-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA, DENYING AN ADMINISTRATIVE USE PERMIT FOR A
GARAGE CONVERSION LOCATED AT 1530 MARCEL PLACE
(FILE NO. PLAP20-0007),
(APN 047-600-048)
WHEREAS, the applicant, Lili Shan, filed Planning Application No. PLAP20-0007 for
an Administrative Use Permit for a garage conversion located at 1530 Marcel Place (APN 047-
600-048), in accordance with the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PLAP20-0007 was processed in the time and
manner prescribed by State and local law;
WHEREAS, pursuant to Rohnert Park Municipal Code (RPMC) Section 17.25.052, the
owners of properties contiguous to the project site shall be provided notice of the application a
minimum of ten calendar days prior to action being taken on the Administrative Use application.
If one or more of the neighboring property owners express opposition to the application, the
Planning Manager shall refer the application to the Planning Commission for review if the
concerns cannot be resolved;
WHEREAS, seven letters from neighboring property owners were received in opposition
of the Administrative Use application prompting review by the Planning Commission per
Section 17.25.052 as noted;
WHEREAS, public hearing notices were transmitted 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 notice was published in the Community
Voice for a minimum of 10 days prior to the first public hearing;
WHEREAS, on August 27, 2020, the Planning Commission reviewed Planning
Application No. PLAP20-0007 at which time interested persons had an opportunity to testify
either in support of or opposition to the project; and,
WHEREAS, at the August 27, 2020, 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. PLAP20-0007.
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 considering the Administrative
Use Permit, makes the following findings with regard to the factors required to be considered
under Section 17.25.053, based on the written staff report, oral and written testimony and any
other evidence in the record of the proceedings:
A. 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.
Consideration of Factor does not Support the Administrative Use Permit. Residential
districts are designed to protect residential properties from excessive noise, illumination,
unsightliness, odors, smoke, vibration and other objectionable influences. As
demonstrated by the existing complaints regarding the property, which have been and
could continue to be exacerbated by the proposed use in the garage, in close proximity to
the street, impacts related to noise and other potential concerns cannot be effectively
minimized in order to effectively integrate the use with adjacent residential properties.
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, and the
operation and maintenance of the Conditional Use will not be compatible with the
surrounding uses.
Consideration of Factor does not Support the Administrative Use Permit. As evidenced
by complaints to both public safety and emails received from nearby neighbors, the
garage conversion and additional noise and other impacts due to that use at this location
is detrimental to the public welfare in this area, is injurious to the peaceful enjoyment of
property, and is not compatible with the surrounding residential environment.
Residential Districts are also intended to achieve a broad range of dwelling types which
meet the diverse economic and social needs of the residents; however with strict and
sound standards of public health and safety. Sixteen public safety calls were received
from August 2019 to July 2020.
C. The proposed Conditional Use will comply with the applicable provisions of this title.
Consideration of Factor does not Support the Administrative Use Permit. As proposed the
garage conversion would not comply with the applicable provisions of this title as it
would not be of the use type that would be compatible with the existing surrounding
properties and would not ensure the standards of public health and safety due to the
ongoing public safety calls.
Section 3. Based on the findings set forth above and the inability to make the findings
required for an Administrative Use Permit in the Rohnert Park Municipal Code, the Planning
Commission does hereby deny Planning Application No. PLAP20-0007, Administrative Use
Permit for a garage conversion at 1530 Marcel Place, as reviewed at the August 27, 2020
Planning Commission meeting. This denial is based on the Planning Commission review of
Application No. PLAP20-0007 and the written staff report, oral and written testimony and any
other evidence in the record of the proceedings.