2005/05/24 City Council Resolution (15)RESOLUTION NO. 2005 -159
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK, CALIFORNIA, APPROVING AN APPEAL
OF THE DENIAL OF A USE PERMIT FOR ALCOHOLIC BEVERAGE SALES AT
A MEAT MARKET AND GROCERY STORE AT 93 SOUTHWEST BOULEVARD,
(APN 143- 150 -049 AND -057)
(Juan Diaz /Juanita Market)
WHEREAS, the Planning Commission denied a use permit for alcoholic beverage sales
at a meat market and grocery store at 93 Southwest Boulevard (APN 143 -150 -049 and -57), in_
accordance with the City of Rohnert Park Municipal Code;
WHEREAS, the appellant, Tom Jackson/Veale Investment Properties, filed an appeal of
the Planning Commission's decision;
WHEREAS, pursuant to California State Law, public hearing notices were transmitted to
all property owners within a 300 foot radius of the subject property, and a public hearing notice
was published for a minimum of 10 days prior to the public hearing on the appeal in the Press
Democrat;
WHEREAS, on May 24, 2005, the City Council held a public hearing at which time
interested persons had an opportunity to testify either in support of or opposition to the appeal;
and,
WHEREAS, the City Council of the City of Rohnert Park has reviewed and considered
the information contained in the Staff Report and all relevant materials regarding the appeal.
NOW, THEREFORE, THE CITY COUNCIL 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 City Council, in approving the appeal of Planning
Application No. PL2005- 018UP: hereby makes the following findings, to wit;
Use Permit PL2005 -018UP
1. 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.
Criteria Satisfied. The Land Use Category tables located in Chapter 17.06 of the City of
Rohnert Park Zoning Ordinance seek to ensure that uses are sited in a way that avoids
incompatibility. Chapter 17.06 allows a grocery store /meat market such as the one
proposed, however, a use permit is required to allow alcoholic beverage sales. Section
17.07.020(R) of the Zoning Ordinance limits off -sale alcohol sales to areas that are
located at least 500 feet from any school, recreation center, park or any similar type use.
The Kumon Learning Center is a tenant within the building and closer than 500 feet from
the proposed alcoholic beverage sales area, however, it is not considered a school or a
similar type use, therefore, the use permit can be approved at this location.
RESOLUTION APPROVING APPEAL
2. 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.
Criteria Satisfied. The project would be located within an existing retail /commercial
building with existing access and parking. As conditioned the project is compatible with
surrounding uses and will not be detrimental to the public health, safety or welfare.
3. That the proposed conditional use will comply with each of the applicable provisions of
this Title.
Criteria Satisfied. As conditioned the project would be in keeping with the City's Zoning
Ordinance Chapter 17.06, because it is a use that can be allowed with a use permit and
because alcoholic beverage sales will be limited to beer and wine, with outdoor
advertising displays of same prohibited.
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 - Additions to Existing Structures).
NOW THEREFORE BE IT RESOLVED, that the City Council does hereby approve
the appeal of Planning Application No. PL2005 -018UP subject to the following conditions:
1. Expiration of Approval — Pursuant to the City of Rohnert Park Municipal Code, this approval
shall expire one year from the Planning Commission approval date, unless prior to the
expiration a building permit is issued for any tenant improvements and construction is
commenced and diligently pursued toward completion and /or the use is initiated, or an
extension is requested and approved
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 applicants shall obtain all necessary permits and clearances from the Rohnert Park
Building and Public Safety Departments prior to commencement of the operation at this
location.
4. This approval shall only allow the sale of beer and wine at this location. Any changes to
expand the operation's alcoholic beverage license to include other types of alcohol shall
require a supplemental use permit from the City.
5. The total area of space devoted to beer and wine sales, display and storage shall be no more
than 5% of the total floor area of the market.
6. Display of ads with any reference to sale of alcohol at the exterior of the building shall be
prohibited.
DULY AND REGULARLY ADOPTED on this 24thday of May , 2005, by
the City of Rohnert Park City Council by the following vote:
Attest:
Mayor, City of '�ohnert Park
...
FLORES: AYE SMITH: AYE SPRADLIN: ABSENT VIDAK MARTINEZ: AYE MACKENZIE: AY E
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)