2014/02/13 Planning Commission Resolution (2)PLANNING COMMISSION RESOLUTION NO. 2014-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA, APPROVING FILE NO. PLUP2014-0002 USE PERMIT TO
ALLOW LIVE ENTERTAINMENT CONSISTING OF LIVE JAZZ MUSIC AT MARY'S
PIZZA SHACK (APN 160-010-024)
WHEREAS, the applicant, Cullen Williamson for Mary's Pizza Shack, has filed
Planning Application No. PLUP2014-0002 for Use Permit approval to permit live entertainment
in a C-R Regional Commercial (C-R) District located at 101 Golf Course Drive (160-010-024) in
accordance with the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PLUP2014-0002 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 13, 2014, the Planning Commission reviewed Planning
Application No. PLUP2014-0002 during a scheduled public meeting at which time interested
persons had an opportunity to testify either in support or opposition to the project; and
WHEREAS, at the February 13, 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. PLUP2014-0002;
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 approving Planning Application
No. PLUP2014-0002UP makes the following findings, to wit:
1. 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.
The proposed location is within the C-R Regional Commercial District, which allows live
entertainment as a conditionally permitted use. The applicant has applied for the required
Conditional Use Permit.
2. That the proposed location of the 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 use will be compatible with the surrounding uses; and
The project will not have a negative effect on the public health, safety, or welfare or be
materially injurious to properties or improvements in the vicinity. Many of the surrounding
businesses in the center will be closed when live entertainment is offered and there will be an
adequate parking supply to serve the proposed addition of live entertainment. Because of the
distance to the adjacent apartment complex and the ambient noise level, the impact on
surrounding properties should be minimal.
3. The proposed use will comply with each of the applicable provisions of this title.
The project does not involve exterior modifications. The project would also comply with all
applicable Zoning Ordinance standards.
Section 3. Environmental Clearance_ The project is categorically exempt from the
California Environmental Quality Act, pursuant to California Code of Regulations, Title 14,
Chapter 3, Section 15301 (Class 1 — Existing facilities with no new construction and no
potentially significant impacts on the environment).
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PLUP2014-0002 to allow the addition of live entertainment in
a restaurant at 101 Golf Course Drive (APN 160-010-024), subject to the following conditions:
1. Expiration of Approval — Pursuant to the City of Rohnert Park Municipal Code, this
approval shall expire one year from the Planning Commission approval date, unless prior
to the expiration live entertainment commences per this approval, or an extension is
requested and approved.
2. The applicant shall obtain all necessary permits and clearances from the Rohnert Park
Building and Public Safety Departments.
3. Live entertainment may be provided until the restaurant closes and may occur throughout
the calendar year.
4. Should the applicant seek to add other entertainment attractions other than music, an
application for amendment to the conditional use permit shall be filed and the matter be
heard by the Planning Commission.
5. Food shall be served whenever live music is taking place.
6. If the City receives complaints from surrounding residents regarding the noise level of
the live entertainment, the applicant shall take all necessary steps to reduce the noise to
an acceptable level.
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 10 working days from the date of
said action. No building permits shall be issued nor shall the use be initiated until the appeal
period has expired, providing there are no appeals.
DULY AND REGULARLY ADOPTED on the 13th day of February, 2014, by the City
of Rohnert Park Planning Commission by the following vote:
AYES: � NOES: ABSENT: / ABSTAIN:
ADAMS
BOR134bIL04IUDICE
HAYDONK
rperson, Rohnert Park Planning Commission
Attestu L-1/1 • w YL -LA 1�-W / —
Susan evedo, Recording Secretary