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2014/02/13 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2014-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING FILE NO. PLUP2014-0001 USE PERMIT TO ALLOW A TATTOO PARLOR AT 170 RALEY'S TOWN CENTER (APN 145-051-054) WHEREAS, the applicant, Galen Lugar for Bohemian Tattoo, has filed Planning Application No. PLUP2014-0001 for Use Permit approval to permit live entertainment in a C-R Regional Commercial (C-R) District located at 170 Raley's Town Center (APN 143-051-054) in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PLUP2014-0001 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. PLUP2014-0001 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. PLUP2014-0001; 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. Findings. The Planning Commission, in approving Planning Application No. PLUP2014-0001 makes the following findings, to wit: 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 a tattoo parlor 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. The tattoo parlor will be at the south end of the shopping center somewhat isolated from the other businesses in the center. It is surrounded by ample parking for customers and employees. 3. The proposed use will comply with each of the applicable provisions of this title. The project does not involve exterior modifications other than signs. 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. PLUP2014-0001 to allow the addition of live entertainment in a restaurant at 101 Golf Course Drive (APN 143-051-054), 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 the tattoo parlor 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 Department and Sonoma County Public Health Department. 3. The Project is approved as shown in Exhibits A through C in the staff report except as conditioned or modified herein. 4. All signs shall be subject to Sign Review prior to installation. 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: ADAMS ABSENT: I ABSTAIN: BORBAA 4;4 IUDICE V HAYDON Rohnert Park Planning Commission Azevedo, Recording Secretary