2018/04/10 City Council Resolution 2018-046RESOLUTION NO. 2018-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, DENYING THE APPEAL, UPHOLDING THE PLANNING
COMMISSION'S DECISION AND DENYING A CONDITIONAL USE PERMIT FOR
LIVE ENTERTAINMENT AT LUDUKA'S CAFk (FILE NO. PLAL18-0001),
7285 SNYDER LANE, SUITE A (APN 158-202-036)
WHEREAS, the applicant, Carlos Ortiz of Luduka's Cafd, filed Planning Application
No. PLUP 17-0005 for a Conditional Use Permit for live entertainment (karaoke) at Luduka's
Cafe, 7285 Snyder Lane, Suite A (APN 158-202-036), in accordance with the City of Rohnert
Park Municipal Code; and
WHEREAS, Planning Application No. PLUP17-0005 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 February 22, 2018, the Planning Commission reviewed Planning
Application No. PLUP 17-0005 at which time interested persons had an opportunity to testify
either in support of or opposition to the project; and
WHEREAS, at the February 22, 2018, 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. PLUP17-0005; and
WHEREAS, at the February 22, 2018, Planning Commission meeting, the Commission,
by a 3-0 vote, adopted Resolution No. 2018-17, denying Planning Application No. PLUP17-
0005; and
WHEREAS, on March 1, 2018, the Applicant, Carlos Ortiz, for Luduka's Caf6
submitted a letter and application (PLAL18-0001) timely appealing Planning Commission
Resolution No. 2018-17; 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
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WHEREAS, on April 10, 2018, the City Council reviewed Planning Application No.
PLAL18-0001 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 April 10, 2018.
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. Findinl4s. The City Council, in considering the Conditional Use Permit as
part of Planning Appeal Application PLAL18-0001, makes the following findings with regard to
the factors required to be considered under Section 17.25.014, 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 conditional use is not consistent 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 Conditional Use Permit. The objective of
the Neighborhood Commercial district is to accommodate businesses that provide goods
and services to nearby residential neighborhoods. While there may be some nearby
residents who would take advantage of the live entertainment, the complaints received
from neighbors demonstrate that the use is not providing goods or services to the
neighborhood, but rather is incompatible with nearby residential development. In
addition, Neighborhood Commercial areas are intended for less intensive uses than the
Regional Commercial designation. The proposed use, which has created and would
continue to create noise impacts, is not consistent with this purpose of Neighborhood
Commercial.
B. That the proposed location of the Conditional Use and the conditions under which it
would be operated or maintained will 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 Conditional Use Permit. As evidenced by
complaints to both public safety and emails received from nearby neighbors, live
entertainment 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 uses.
The commercial districts are designed to provide for the effective integration of
commercial areas with adjacent uses, so that impacts related to traffic, noise, illumination
and other potential concerns are minimized. The proposed use would be too concentrated,
2018-046
incorrectly sited and oriented (in relation to adjoining residential space), and too intensive
to be compatible with the surrounding residential uses. Given the close proximity to
surrounding residences, impacts related to noise and other potential concerns cannot be
effectively minimized in order to effectively integrate the use with adjacent residential
areas. Further, the ongoing code compliance issues indicate that legalizing the
entertainment use would be detrimental to the public health, safety and welfare.
C. The proposed Conditional Use will not comply with the applicable provisions of this title.
Consideration of Factor does not Support the Conditional Use Permit. The live
entertainment would not comply with the applicable provisions of this title as it would
not be of the use type that would be compatible with and dependent upon nearby
residential developments.
Section 3. Based on the findings set forth above, which demonstrate the inability to
make the findings required for a Conditional Use Permit in the Rohnert Park Municipal Code,
the City Council does hereby deny the appeal, uphold the decision in Planning Commission
Resolution No. 2018-17, Conditional Use Permit for live entertainment (karaoke) at 7285 Snyder
Lane, and deny the Conditional Use Permit for live entertainment at Luduka's Cafe.
DULY AND REGULARLY ADOPTED on this 10th day of April, 2018.
CITY OF ROHNERT PARK
Ram 4xn�
Pam Stafford, Mayor
ATTEST:
Caitlin Saldanha, Deputy City Clerk
AIIANOTU: RELFORTE: r e MA(.,,NLII : CALLINAN: STAFFORD-
AYES:
TAF ORD -AYES: (C ) NOES. ( 0 ) ABSENT: ( (-) ABSTAIN: ( O )
2018-046