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2015/06/09 Planning Commission ResolutionPLANNING COMMMISSION RESOLUTION NO. 2015-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR SONOMA MOUNTAIN VILLAGE GREEN SUMMER CONCERT SERIES (APN 046-051-045) (Morty Wiggins Second Octave Entertainment) WHEREAS, the applicant, Morty Wiggins Second Octave Entertainment, filed Planning Application No. PLUP-2015-0001 a Conditional Use Permit to allow outdoor music concerts to take place in the courtyard at Sonoma Mountain Village in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No PLUP-2015-0001 was processed in the time and manner prescribed by State and local law; WHEREAS, on April 9, 2015 the Planning Commission reviewed Planning Application No. PLUP-2015-0001 at which time interested persons had an opportunity to testify either in support of or opposition to the project; and, WHEREAS, at the April 9, 2015, 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-2015-0001; 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. PLUP-2015-0001, makes the following factors, to wit: A. That the proposed location of the Conditional Use is consistent with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located; The proposed use will comply with the Noise Limits in Section 9.44 of the Municipal Code. The proposal will also comply with all of the requirements of the T-5 and T-6 land use in the Sonoma Mountain Village Planned Development zoning. 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. The area where the concerts will take place is at the south side of SMV in an area surrounded on three sides by multi story buildings. The concerts will take place in the evening hours when parking on the property will be available to concert attendees. At this location, the concert stage will be over 1000 feet to any residential structures. The noise level at the sound mixing area will be maintained at a level that will result in the ambient noise level not exceeding 60 decibels in the surrounding residential neighborhoods. C. The proposed Conditional Use will comply with each of the applicable provisions of this title. The proposal will use existing facilities at SMV including parking, open areas and electrical power. The proposal is at a location that has excellent vehicular access, pedestrian and bicycle access. The use will comply with parking requirements for an event catering to a large number of people and will comply with the noise requirements of the Municipal Code. The concerts will take place in a location that is surrounded by buildings and the stage to lessen the impact on adjacent single-family and multi -family homes. Section 3. Environmental Clearance. An Environmental Impact Report (SCH No. 20070521116) was prepared for the Sonoma Mountain Village Specific Plan. This EIR covered outdoor activities on the site including sports events and other outdoor activities. NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PLUP-2015-0001 subject to the following conditions: 1. The Conditional Use Permit approval shall expire one year from the Planning Commission approval date, unless prior to the expiration the use is initiated, or an extension is requested and approved. 2. Music shall cease no later than 10:30 p.m. on Sunday through Thursday and no later than 11:00 p.m. on Friday and Saturday. 3. The gates to the facility shall open no earlier than 6:30 p.m. and any material advertising the event shall ask attendees to arrive no earlier than 6:30 p.m. on Monday through Friday. For afternoon concerts the gates may open one (1) hour before the concert. 4. The applicant shall obtain an Amplified Sound Permit from the Public Safety Department. 5. The applicant shall hire Public Safety officers with the number required determined by the Public Safety Department for each event. 6. The applicant shall obtain an Electrical Permit from the Development Services Department as required for the temporary and permanent stage. 7. Concerts may only take place between the months of May and October, 2015 8. The applicant shall conform to the recommendations in the June 2, 2014 noise study prepared by j.c.brennan & associates with the exception of the 10:00 p.m. curfew. The curfew shall be 10:30 p.m. Sunday to Thursday and 11:00 p.m. Friday and Saturday. 9. All equipment for the concert may be placed on the site the day before a scheduled concert and shall be removed the day after the concert. 10. Permanent or temporary Secure bicycle parking including the option of valet bicycle parking shall be provided in close proximity to the entrance to the concert area, details subject to Development Services approval. 11. At the completion of the 2015 concert season, this application shall be reviewed by the Planning Commission and, if the Commission determines that the concert series did not result on any detrimental impacts to Sonoma Mountain Village or the surrounding residents, the Commission may extend the Conditional Use Permit for 2016. After reviewing the 2015 concert series the Planning Commission may determine if further reviews of future concert series are necessary. 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 9th day of June, 2015 by the City of Rohnert Park Planning Commission by the following vote: AYES: NOES: ABSENT: ABSTAIN: ADAMS i BLANQUiE BORBAA;Q-" IGIUDICE 1 LLUy YDON r� . 1 /] / c I Daniel A. anq e, ai rsoan, Aohnert Park Planning Commission Attest:' . Susan A(,do, Recording Secretary