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2013/12/12 Planning Commission ResolutionPLANNING COMMMISSION RESOLUTION NO. 2013-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE ADDITION OF BEER TASTING (ABC LICENSE TYPE 42) TO BEERCRAFT AT 5704 COMMERCE BOULEVARD (APN 143-490-024) (John T. Fenn) WHEREAS, the applicant, John T. Fenn, filed Planning Application No. PLUP2013- 0001 for a Conditional Use Permit to allow the addition of beer tasting at Beer Craft, 5704 Commerce Boulevard (APN 143-490-024 ), in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PLUP2013-0001 was processed in the time and manner prescribed by State and local law; WHEREAS, on December 12, 2013, the Planning Commission reviewed Planning Application No. PLUP2013-0001 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 December 12, 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. PLUP2013-0001; 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. Factors considered. The Planning Commission, in approving Planning Application No. PLUP2013-0001 makes the following factors, to wit: A. That the developments general appearance is compatible with existing development and enhances the surrounding neighborhood. Criteria Satisfied. Beer Craft is an existing business that has a Type 86 Alcohol Beverage Control Licensee to have beer tasting. They are requesting an ABC Type 42 License that will permit them to serve beer in a taproom. The existing business has been compatible with other businesses in the same building and businesses in the surrounding area. The addition of the taproom will not change the appearance of the building and will be compatible with surrounding uses. 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 design that is compatible with the other buildings in the center and immediate area. 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 Rohnert Park Expressway. There is a pedestrian and bicycle trail paralleling nearby portions of US 101 for the convenience of customers both walking and cycling. There is also pedestrian and bike access from the trail along Hinebaugh Creek north of the subject property. 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. PLUP2013-0001 subject to the following conditions: 1. 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 and B 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 including obtaining a Type 42 ABC License. 4. The applicant shall comply with any requirements of the Rohnert Park Department of Public Safety. 5. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building Department for any modifications to the interior of the building. 6. No mechanical equipment, electrical conduit or plumbing piping shall be placed on the exterior building walls in connection with this business 7. The applicant shall be limited to the tasting and sales of alcoholic beverages allowed under a Type 42 ABC License. 8. Beer and hard cider tasting shall be limited to the hours of 11 a.m. to 10 p.m. daily. 9. The separation between the retail sales area and the taproom shall be in conformance with the requirements of a Type 42 License, details subject to the approval of the ABC. 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 12th day of December, 2013 by the City of Rohnert Park Planning Commission by the following vote: AYES: 1� NOES: ABSENT: ABSTAIN: ADAMS / BLANQUIE BORBA GIUDICE HAYDON Susah Adams, Chairperson, Rohnert Park Planning Commission Attest. 4"L"' Susan Azevedo, ReUrding Secretary