2018/02/22 Planning Commission ResolutionPLANNING COMMMISSION RESOLUTION NO. 2018-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR LIVE
ENTERTAINMENT AT LUDUKA'S CAFE (FILE NO. PLUP17-0005),
7285 SNYDER LANE, SUITE A
(APN 158-202-036)
WHEREAS, the applicant, Carlos Ortiz of Luduka's Caf6, 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;
WHEREAS, Planning Application No. PLUP17-0005 was processed in the time and
manner prescribed by State and local law;
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 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. PLUP 17-0005.
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 Conditional Use
Permit, makes the following findings with regard to the factors required to be considered under
Section 17.25.014, 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 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 developments.
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 evidences 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. As demonstrated by the existing complaints
about the use, impacts related to noise and other potential concerns cannot be effectively
minimized in order to effectively integrate the use with adjacent residential areas.
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. As proposed 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 and the inability to make the findings
required for a Conditional Use Permit in the Rohnert Park Municipal Code, the Planning
Commission does hereby deny Planning Application No. PLUP 17-0005, Conditional Use Permit
for live entertainment (karaoke) at 7285 Snyder Lane, as reviewed at the February 22, 2018
Planning Commission meeting. This denial is based on the Planning Commission review of
Application No. PLUP 17-0005 and the written staff report, oral and written testimony and any
other evidence in the record of the proceedings.
Section 4. This 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 adoption of this resolution.
DULY AND REGULARLY ADOPTED on this 22nd day of February, 2018 by the
City of Rohnert Park Planning Commission by the following vote:
AYES: J NOES: ABSENT: 2— ABSTAIN: v
ADAMS �BLA"S�-►~BORB GIUDICE HAYDON bs�"l
ssion
Attest: Q�
Susan A vedo, Recording Secretary