2020/10/13 City Council Resolution 2020-094 RESOLUTION NO. 2020-094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, DENYING THE APPEAL, UPHOLDING THE PLANNING
COMMISSION'S DECISION AND DENYING AN ADMINISTRATIVE USE PERMIT
FOR A GARAGE CONVERSION LOCATED AT 1530 MARCEL PLACE
(APN 047-600-048)
WHEREAS, the applicant, Lili Shan, 6078 Della Ct., Rohnert Park, filed Planning
Application No. PLAP20-0007 for an Administrative Use Permit for a garage conversion at 1530
Marcel Place (047-600-048), in accordance with the City of Rohnert Park Municipal Code; and
WHEREAS, Planning Application No. PLAP20-0007 was processed in the time and
manner prescribed by State and local law; and
WHEREAS,the owners of properties contiguous to the project site were provided a notice
of the application a minimum of ten calendar days prior to action being taken on the application;
and
WHEREAS, one or more of the property owners expressed opposition to the application
and staff referred the matter to the Planning Commission pursuant to Section 17.25.052 of the
Rohnert Park Municipal Code (RPMC); and
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 public hearing; and
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; and
WHEREAS, at the August 27, 2020 Planning Commission meeting, the Commission, by
a 5-0 vote, adopted Resolution No. 2020-19, denying Planning Application No. PLAP20-0007;
and
WHEREAS, on September 4, 2020, the Applicant, Lili Shan, submitted a letter and
application (PLAL20-0001)timely appealing Planning Commission Resolution No.2020-19; and
WHEREAS, the appeal was processed in the time and manner prescribed by State and
local law; and
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 public hearing; and
WHEREAS, on October 13, 2020, the City Council reviewed Planning Application No.
PLAL20-0001 at which time interested persons had an opportunity to testify either in support of
or opposition to the appeal; and
WHEREAS, the City Council considered this Resolution at its duly noticed regular
meeting on October 13, 2020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT
PARKP DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Appeal. The City Council finds as follows with respect to the following
arguments raised in the appeal based on the written and oral staff report,oral and written testimony,
the record of the initial decision and any other evidence in the record of the proceedings:
A. An Administrative Use Permit is not required under RPMC 17.10.070.0 (Addition of
bedrooms to R-L District Parcels).
The above referenced code section requires an Administrative Use Permit for the addition
or creation of a sixth bedroom on a parcel in the R-L District. This section does not apply
to the use filed under PLAP20-0007 for the elimination of off-street covered parking
(garage conversion). City records currently show the property as a four bedroom, three
bathroom residence. The issue of creating additional bedrooms was never considered or
discussed, as the Administrative Use Permit was specifically required for eliminating the
intended use of the garage as covered vehicle storage under Section 17.16.040 C. Garage
Conversions.
B. Under Section 17.16.030 (Specific requirements), the code specifies only two spaces per
unit in garage is required for detached single-family residence; therefore, converting the
third space in the garage should not necessitate an Administrative Use permit for a garage
conversion.
The standards listed under Section 17.16.030 are the minimum standards. In this case, the
residence at issue was approved with a three-car, not a two-car, garage. Any deviation
from the original intended use as vehicle storage, must comply with the permitting
requirements established. An Administrative Use Permit is required for all garage
conversions. Garages are not designed for human habitation, but are solely built for the
purpose of parking a car and storage. The conversion to a space that can be inhabited by
residents on an on-going basis requires the careful consideration through the administrative
use and building permit processes.
C. The current proposed use is not in violation of the Rohnert Park Municipal Code and the
complaints and concerns have not had any correlation to the garage space or use.
This use is in violation of City requirements to obtain an Administrative Permit for any
garage conversion. In addition, residential zoning districts are designed to protect
residential properties from excessive noise, illumination, unsightliness, odors, smoke,
vibration and other objectionable influences. (RPMC 17.06.010(C)) As evidenced by the
complaints to both Public Safety and testimony received from nearby neighbors, there is
an existing issue with regard to the quiet enjoyment of property in this neighborhood. The
City is charged with protecting and enhancing the image of the city as a safe environment
Resolution 2020-094
2
in which to raise a family and to ensure that public and private lands ultimately are used
for the purposes that are that are most appropriate and most beneficial for city residents as
a whole. (RPMC Section 17.02.020(D)and(H). The proposed workout/gym use for home
residents and visitors to the residence intensifies noise and exacerbates a documented
nuisance condition in a residential neighborhood. This detracts from the image of the city
as a safe environment and is not a use that is appropriate and beneficial to the city's
residents.
D. The complaints about noise are a separate issue from the garage space. The noise and
disturbance complaints are completely unrelated to the garage and need to be addressed
independently of the request for an Administrative Use Permit.
The zoning ordinance is adopted to protect and promote the public health, safety, peace,
comfort, convenience, prosperity, and general welfare of all residents. The granting of the
Administrative Use permit for a gym for both the current residents and persons not residing
in the residence intensifies the use of the property beyond that of a typical single family
residence. As proposed, the use would be too concentrated, incorrectly sited and oriented
(in relation to adjoining residential space) and too intensive to be compatible with the
surrounding residential properties, as it would allow a garage space to be used as a gym,
creating additional noise down to the street level, which increases negative impacts on
adjacent properties.As noted in the Planning Commission hearing,the gym space has been
used by both residents and their friends and teammates. The intensification of the use also
intensifies traffic and parking issues in a residential neighborhood.
E. In response to Planning Commission Finding A , the appellant contends the garage wall
does not contribute to "excessive noise, illumination, unsightliness, odors, smoke,
vibration and other objectionable influences. "
Staff Response: The creation of the garage wall create a converted activity area, which
impacts noise at the street level. Without the garage conversion,this area could be used for
parking and/or storage, which would not create the noise impacts. The wall facilitates the
use of the area as a group workout space creating the impact and intensification of noise.
F. In response to Planning Commission Finding B, the appellant contends there were only 13
public safety calls and they did not have any correlation to the garage space.
Staff Response: The garage is part of the overall residence. An intensification of the use,
including the conversion of the garage to a workout space, results in an increase in noise
and other impacts, contrary to the intent of residential districts to protect residential
neighborhoods from excessive noise and other impacts. (RPMC 17.06.010(C). Police
records indicate a total of 26 entries into the police log for this address during the
September 2019 and August 2020. Some of these were follow-up entries related to the
same incident. A total of 15 unique incidents related to excessive noise and parties were
recorded.
G. In response to Planning Commission Finding C, the appellant contends that the garage
walls separating the two car space does not have an impact on surrounding properties.
Staff Response: As mentioned above, bringing an activity area to the street level increases
noise and other impacts. This will have an impact on adjacent properties contrary to the
Resolution 2020-094
3
intent of residential districts as noted above. (R-PMC 17.06.010(C). If the garage were to
be used for vehicular parking or storage, the noise impacts would not occur.
Section 3. Findings. The City Council, in considering the Administrative Use Permit
as part of Planning Appeal Application PLAL20-0001, considered the following findings under
Section 17.25.053, and finds as follows based on the written and oral staff report, oral and written
testimony,the record of the initial decision and any other evidence in the record of the proceedings:
A. The proposed location of the 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 the above finding 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 are not in accord with the
residential district or with adjacent residential properties.
B. That the proposed location of the 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 use will not be compatible with the surrounding uses.
Consideration of the above finding 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
are detrimental to the public welfare in this area, injurious to the peaceful enjoyment of
property, and not compatible with the surrounding residential environment.
C. The proposed use will comply with the applicable provisions of this title.
Consideration of the above finding 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, which demonstrate the inability to make
the findings required for an Administrative Use Permit in the Rohnert Park Municipal Code, the
City Council does hereby deny the appeal,uphold the decision in Planning Commission Resolution
No. 2020-19, Administrative Use Permit for a garage conversion at 1530 Marcel Place and deny
the Administrative Use Permit for a garage conversion at 1530 Marcel Place.
Resolution 2020-094
4
DULY AND REGULARLY ADOPTED on this 13th day of October 2020.
CITY OF ROHN T PARK
r
Joe inan, Mayor
ATTEST:
y via pez, ty Clerk -
ADAMS: BELFORTE:ho-kTAFFORD: MACKENZIE• CALLINAN•
AYES: NOES: ( ) ABSENT: ( ) ABSTAIN: ( �)
Resolution 2020-094
5