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2014/01/16 Planning Commission ResolutionPLANNING COMMMISSION RESOLUTION NO. 2014-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MICROBREWERY AT 5000 ROBERTS LAKE ROAD (160-010-031) (Nino Rabbaa — Invest Hospitality Wine Country LLC) WHEREAS, the applicant, Nino Rabbaa, filed Planning Application No. PL2013-011UP for a Conditional Use Permit to allow the addition of a microbrewery to an existing restaurant to be reopened at 5000 Roberts Lake Road (APN 160-010-0341), in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PL2013-011UP was processed in the time and manner prescribed by State and local law; WHEREAS, on January 16, 2014, the Planning Commission reviewed Planning Application No. PL2013-011UP 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 16, 2014, 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. PL2013-011UP; 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. PLUP2013-0002 makes the following factors, to wit: A. That the developments general appearance is compatible with existing development and enhances the surrounding neighborhood. Criteria Satisfied. The addition of a microbrewery to the existing restaurant to be reopened by Flipside Burgers will be an attractive addition to the restaurant and provide a microbrewery not presently available in Rohnert Park. The microbrewery will be compatible with other restaurants in the immediate area. B. That the development incorporates a variation from adjacent on-site and off-site structures in height, bulk, and area; arrangement on the parcel; openings or breaks in the fagade facing the street; and/or the line and pitch of the roof. Criteria Satisfied. The building will retain the existing Mediterranean design. The enclosure for the microbrewery area will be compatible with the architectural design of the existing building. The two proposed silos will be a focal point for the microbrewery. C. That the development will be located and oriented in such a manner so as to provide pedestrian, bicycle and vehicular connections with adjacent properties, as appropriate, and avoids indiscriminate location and orientation. Criteria Satisfied. The building location has convenient vehicle access from Commerce Boulevard and from Highway 101. There is a pedestrian and bicycle trail paralleling nearby portions of US 101 for the convenience of customers both walking and cycling to the restaurant. Section 3. 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. PL2013-011UP subject to the following conditions: 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. No new mechanical equipment, electrical conduit or water or waste water pipes shall be placed on the exterior building walls in connection with this business. 6. Live entertainment maybe offered by the restaurant no later than twelve (12) midnight in compliance with the City Noise Ordinance and Zoning Ordinance. 7. A Sign Program shall be submitted and approved by the Planning Commission prior to installation of any signs for the business. 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 16th day of January, 2014 by the City of Rohnert Park Planning Commission by the following vote: AYES: O ABSENT: 1 ABSTAIN: I ADAMP B QUI �/ BORBA GIUDICE Y HAYDON ` 6 ecplris s ohne Park Planning Commission Attest: 1i SusaA 4evido. R eor ` S cr ry