2013/06/13 Planning Commission ResolutionCity of Rohnert Park
Planning Commission Report
DATE: June 13, 2013
ITEM No: 8.2
SUBJECT: PL2013-020UP Conditional Use Permit for Live Entertainment
LOCATION: 101 Golf Course Drive (APN 160-010-024)
REQUEST: Allow Live Music on the Patio Dining Area
APPLICANT: Cullen Williamson for Mary's Pizza Shack
ACTION: Adopt Resolution No. 2013-18 Approving Conditional Use Approval for Live
Entertainment for Mary's Pizza Shack
Background
Mary's Pizza Shack is located at the intersection of Golf Course Drive and Roberts Lake Road.
In addition to interior seating, the restaurant has a large covered outdoor seating area facing the
intersection of Golf Course Drive and Roberts Lake Road. The restaurant is part of a small
shopping center with shared use of the parking.
Applicant's Proposal
Mary's Pizza Shack is proposing live music for seven (7) dates in 2013. The music would take
place in the patio dining area. The proposed dates would be as follows:
• First and third Thursday of July
• First and third Thursday of August
• First and third Thursday of September
• October 24`x'.
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The music would start at 5:30 p.m. and end by 8:30 p.m. The patio has a solid roof and clear
plastic panels that can enclose the sides. However, if weather permits, the sides would be left
open.
The music will be jazz with two or three musicians using moderate amplification. The music
would cater to an adult/family clientele and there will be no cover charge.
Staff Analysis
Mary's Pizza Shack is bordered on the north, east and west sides by commercial uses and
Highway 101. To the south is an apartment complex. The area is somewhat impacted by noise
from the freeway and traffic on Golf Course Drive and Commerce Boulevard. The primary
concern is the noise impact on the adjacent apartment complex. The distance separating the
restaurant patio area and the nearest apartment building is approximately 150 feet. That distance
will significantly reduce the noise impact on the apartment residents. The music will also cease
at the early hour of 8:30 p.m. the noise level may also not exceed the high ambient noise level
from the freeway and traffic on the surrounding streets. With the early hour the music will
terminate, the impact on the apartments should be minimal.
Environmental Determination
This proposal is categorically exempt from the requirements of the California Environmental
Quality Act CEQA Class 1 Section 15301 Existing Facilities. No further action is required
pertaining to environmental review.
Findings
The recommended findings to approve the Conditional Use for live entertainment are included in
the attached resolution.
ublic Notification
This item has been duly noticed by publication in the Community Voice for the Conditional Use
Permit and posted at the prescribed locations in Rohnert Park. Property owners within 300 feet of
the project were mailed notices of the proposed application.
Staff Recommendation:
Based on the analysis and findings of this report and the attached resolution, Staff recommends
that the Planning Commission, by motion, adopt Resolution No. 2011-18 approving Conditional
Use Approval to allow Live Entertainment for Mary's Pizza Shack, subject to the findings and
conditions of approval.
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Attachments:
Applicant's Supporting Statement
Exhibit A Aerial Photo of Restaurant and Covered Patio Area
Exhibit B Aerial Photo of Restaurant and Adjacent Apartment Complex
APPROVALS:
II
C _0-J wO
Marilyn Ponton AICI', Development Services Manager Date
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PLANNING COMMISSION RESOLUTION NO. 2013-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA, APPROVING FILE NO. PL2013-020UP 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. PL2013-020UP 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. PL2013-020UP 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 June 13, 2013, the Planning Commission reviewed Planning Application
No. PL2013-020UP 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 June 13, 2013 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. PL2013-020UP;
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. PL2010-072UP 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
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, the early hour live entertainment will cease 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. PL2013-020UP 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. This Conditional Use Permit is limited live entertainment on the specified days and times
as follows:
• First and third Thursday of July
• First and third Thursday of August
• First and third Thursday of September
• October 24"'
4. Should the applicant seek to add other entertainment attractions, 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.
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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 June, 2013, by the City of
Rohnert Park Planning Commission by the following vote:
AYES: NOES: ABSENT: �— ABSTAIN:
ADAMS ARMSTRON ,G�BORBA GUIDICE HAYDON `
Attest:
n, Rohnert Park Planning Commission
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