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2012/06/14 Planning Commission Resolution (3)PLANNING COMMMISSION RESOLUTION NO. 2OI2.I8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK CALIFORNIAO APPROVING CONDITIONAL USE PERMIT FOR WAREHOUSING, ON-LINE SALES AND ON-SITE RETAIL SALES OF CRAFT BEER AT 5704 COMMERCE BOULEVARD (APN 143-490-024) (John T. Fenn) WHEREAS, the applicant, John T. Fenn, filed Planning Application No. PL20I2-022UP for Conditional Use approval to allow warehousing, on-line sales and on-site retail sales of craft beer located at 5704 Commerce Boulevard (APN 143-490-024), in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PL20|2-022UP was processed in the time and manner prescribed by State and local law; \ryHEREAS, public hearing notices were mailed 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 Communit)¡ Voice for a minimum of l0 days prior to the frrst public hearing; WHEREAS, on June 14,2012, the Planning Commission reviewed Planning Application No. PL20l2-022UP 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 June 14, 2012, 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; NOW, THEREFOREO 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. PL20l2-022UP, make the following factors, to wit: A. That the proposed locatíon of the conditional use is ín accord with the objectives of the zoning ordínance and the purposes of the dístrict in which the síte is located. Criteria Satisfied. The I-LIO District, permits warehousing with retail sales subject to Conditional Use Approval. The proposed use is primarily warehousing and distribution of craft beer including on-line sales and on-site retail sales. The on-site retail sales of craft beer will be compatible with other retail establishments on the subject property and surrounding properties on Commerce Boulevard. B. That the proposed location of the conditional use and the conditions under which it would be operated or maintctined will not be detrimental to the public health, safety, or welfare, 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) C. That the proposed condítional use will comply with each of the applicable provisions of this Title. Criteria Satisfied. The project, with Staff recommended conditions, would be in keeping with the City's requirements for the sale of alcoholic beverages. 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 subject to the following conditions: l. The Conditional Use Permit approval shall expire ono 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 and the use is initiated, or an extension is requested and approved. 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. 3. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building Department for any modifications to the interior of the building. 5. The project is approved as shown in Exhibits A and B, except as conditioned or modified below. 6. All loading and shipping shall take place at the rear of the building. 7. There shall be no on-site tasting or consumption of alcoholic beverages. 8. The applicant shall be limited to the sale and distribution of beer only and no other alcoholic beverages. 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 AI\D REGULARLY ADOPTED on this l4th day of June, 2012by the City of Rohnert Park Planning Commission by the following vote: AYES: þ NOES: ABSENT:î- ABSTATN: nnnnas/þçsdRMsrRoNc ^l eonsa/t r¡",hIUDIcElHAyDoN Susan Haydon, Vice-Chairperson, Rohnert Park Planning Commission