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2013/01/24 Planning Commission Resolution (4)PLANNING COMMMISSION RESOLUTION NO. 2013-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARKO CALIFORIIIA, APPROVING AMENDMENT TO A CONDITIONAL USE PERMIT TO ADD BEER TASTING TO AN EXISTING BUSINESS PROVIDING RETAIL SALES OF CRAFT BEER AT 5704 COMMERCE BOULEVARD (APN 143-490-024) (John T. Fenn) \ryHEREAS, the applicant, John T. Fenn, filed Planning Application No. PL20I2-022UP Amendment for Conditional Use approval to allow beer tasting at an existing business for the retail sales of craft beer located at 5704 Commerce Boulevard (APN 143-490-024), in accordance with the City of Rohnert Park Municipal Code; \ryHEREAS, Planning Application No. PL20l2-022UP Amended was processed in the time and manner prescribed by State and local law; \ryHEREAS, public hearing notices were mailed to all property o'wners 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 January 24, 2013, the Planning Commission reviewed Planning Application No. PL20|2-022UP Amended 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 24,2073, Planning Commission meeting, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Planning Commission considered all the facts relating to Planning Application No. PL20|2-022UP Amended; 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. PL20|2-022UP Amended, make the following factors, to wit: A. That the proposed location of the conditional use is in accord wíth the objectives of the zoning ordinance and the purposes of the district inwhích the site is located. Criteria Satisfied. The Í-UO District, permits warehousing with retail sales subject to Conditional Use Approval. The addition of beer tasting to an existing business for craft beer including on-line sales and on-site retail sales is a logical addition to the use. Beer B. tasting on a limited basis as proposed will be compatible with other retail establishments on the subject property ancl surrounding properties on Commerce Boulevard. That the proposed location of the conditional use and the conditions under which it would be operated or maíntained will not be detrimental to the public health, safety, or welfore, or materially ínjuríous to properties or improvements in the vicinity. Criteria Satisfied. The proposed use will be compatible with other similar uses in the vicinity and will comply with all requirements of the ABC (Alcohol and Beverage Control). Thctt the proposed conditional use will comply with each of the applicable provisions of thís Title. C. Criteria Satisfied. The project, with Staff recommended conditions, would be in keeping with the City's requirements for the sale of alcoholic beverages and beer tasting. Section 3. Environmental Clearance. The project is categorically exempt from the California Environmental Quality Act (CEQA), Article 19, Section 15301 (Existing Facilities). NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PL20l2-022UP Amended subject to the following conditions: 1. The project is approved as shown in Exhibits A and B except as conditioned or modified 2. The 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 and Beverage Control (ABC) requirements including obtaining a Type 86 ABC License. 2. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building Department for any modifìcations to the interior of the building. 3. Condition 7 of Resolution No. 2012-18 prohibiting on-site tasting or consumption of alcoholic beverages is superseded by this amended Conditional Use Permit. 4. The applicant shall be limited to offering tasting of beer only and no other alcoholic beverages. 5. Beer tasting shall be limited to 6 p.m. to 8 p.m. on week-days and 2 p.m.to 8 p.m. on weekends. 6. Separation between the beer tasting area and the retail sales area of the business shall be required in conformance with the Type 86 ABC License. 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 l0 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 24th day of January, 2013 by the City of Rohnert Park Planning Commission by the following vote: t]AYES: I NOES:- ABSENT: / ABSTAIN: ADAMS Y ARMSTRoNG ,I BoRBA lcruDrcE LHAYD.N j-br*f Rohnert Park Planning