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2017/01/12 Planning Commission Resolution (4)PLANNING COMMMISSION RESOLUTION NO. 2017-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MICROBREWERY WITH A RESTAURANT AND OUTDOOR SEATING AT 6314 COMMERCE BOULEVARD (APN 143-051-029) WHEREAS, the applicant, Bhupinder Singh of Chandi Family, Inc., filed Planning Application No. PLUP 16-0001 for a Conditional Use Permit to allow a microbrewery and restaurant with outdoor seating at 6314 Commerce Boulevard (APN 143-051-029), in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PLUP 16-0001 was processed in the time and manner prescribed by State and local law; WHEREAS, on January 12, 2017, the Planning Commission reviewed Planning Application No. PLUP 16-0001 during a scheduled public meeting at which time interested persons had an opportunity to testify either in support of or opposition to the project; and WHEREAS, at the January 12, 2017, Planning Commission meeting, upon hearing and 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 16-0001; 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. Factors considered. The Planning Commission, in approving Planning Application No. PLUP16-0001 makes the following factors, to wit: .4. That the proposed location of the conditional use is consistent with the objectives of the zoning ordinance and the purpose of the district in which the site is located. Criteria Satisfied. The addition of a microbrewery and restaurant with outdoor seating will be an attractive addition to the existing building and site and will provide a lively and active use at a prominent location in Rohnert Park. The restaurant and microbrewery will be compatible with other restaurants in the immediate area and is the type of use contemplated for the district. The Regional Commercial District is intended to allow operations that provide goods and services that serve the community and outlying areas, and a restaurant and microbrewery are examples of such uses. 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 that the operation and maintenance of the conditional use will be compatible with the surrounding uses. Criteria Satisfied. The use will not be open for excessive or abnormally late hours and public health, safety, and welfare will be preserved by the improvements proposed to the front sidewalk and patio area. There are not anticipated conflicts predicted to arise from the operation of a microbrewery or restaurant with patio space in this location. Public Safety has reviewed the planning application. Alcoholic Beverage Control (ABC) is concurrently reviewing this proposal in order for the applicant to secure and maintain a Type 75 Small Brewery License. C. The proposed conditional use will comply with each of the applicable provisions of this title. Criteria Satisfied. The proposal has been reviewed for compliance with all applicable provisions of the Rohnert Park Municipal Code including Section 17.06.060 Regional Commercial District Permitted Uses, Section 17.07.020.5 Outdoor and Sidewalk Cafe, Section 17.16.030 Off Street Parking Specific Requirements, and microbreweries. Section 4. Environmental Clearance. This proposal is categorically exempt from the requirements of the California Environmental Quality Act CEQA Class 1 Section 15301 reuse of an existing building. NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PLUP16-0001 subject to the following conditions: Planning 1. The Conditional Use approval shall expire one year from the Planning Commission approval date, unless prior to the expiration a building permit is issued and construction is commenced and diligently pursued toward completion. 2. The Project is approved as shown in Exhibits A through C except as conditioned or modified below. 3. This facility shall comply with any and all applicable provisions of the Rohnert Park Municipal Code and any state or federal agency including but not limited to Alcoholic Beverage Control (ABC) requirements. 4. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building Department for any modifications to the interior or exterior of the building. 5. The building and all outdoor areas available to the public shall be accessible. Public Safety 6. A use permit must be obtained from the Department of Public Safety per Section 8.34.040. 7. Provide panic, single action hardware on any gates, and adequate patio lighting. 8. Paint all curbs red to indicate fire lane/no parking. 9. Additional items such as hood and duct extinguishing system shall require additional permits. BE IT FURTHER RESOLVED that said 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 said action. No building permits shall be issued until the appeal period has expired, providing there are no appeals. DULY AND REGULARLY ADOPTED on this 12th day of January, 2017 by the City of Rohnert Park Planning Commission by the following vote: AYES: q NOES: V ABSENT: ABSTAIN: ADAMSA,�� BLANQUIE tORBA GIUDICE HAYDONA� Chairperson, Robdert Park Planning Commission Attest: 0.OLu- L Susan zeved , Recording Secretary