2012/07/26 Planning Commission Resolution (2)PLANNING COMMMISSION RESOLUTION NO. 2OI2-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT FOR A MARTIAL ARTS STUDIO AT 5979 COMMERCE BOULEVARI)
(APN 143-990-050 0ó and 07)
(Tony Johnson)
WHEREAS, the applicant, Tony Johnson, filed Planning Application No. PL20l2-
029UP for Conditional Use approval to allow a martial arts studio located at 5979 Commerce
Boulevard (APN 143-990-05, 06 and 07), in accordance with the City of Rohnert Park Municipal
Code;
WHEREAS, Planning Application No. PL20I2-029UP was processed in the time and
manner prescribed by State and local law;
WHEREAS, 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 Califomia
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 July 26,2012, the Planning Commission reviewed Planning Application
No. PL20l2-029UP 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 July 26,2012, 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. PL20I2-029UP;
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. PL20l2-029UP makes the following factors, to wit:
A. That the proposed location of the condítional use ís ín accord with the objectíves of the
zoning ordínance and the purposes of the district in which the site is located.
Criteria Satisfied. The proposed use will be in a small shopping center in the Mixed Use
District. The purpose of the district is to encourage the siting of compatible businesses
and stores in close proximity to one another so as to create self-suffrcient neighborhoods
within the City. The proposed use will be compatible with the other uses in the shopping
center. It is in close proximity to the major commercial centers at Rohnert Park
Expressway and Commerce Boulevard for patrons that desire to walk from the nearby
commercial area.
B. That the proposed location of the conditional use and the condítions under which ít
would be operated or maíntained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or ímprovements in the vicinity.
Criteria Satisfied. The proposed location of the use is in an existing shopping center that
has ample parking for existing tenants and the proposed use. The use is open primarily in
the late afternoon and evening hours and will be compatible with other uses on the
shopping center site.
C. That the proposed conditional use will comply with each of the applícable provisíons of
this Title.
Criteria Satisfred. This proposal frts in the neighborhood character of the Commerce
Center and will be compatible with the other uses in the center.
Section 3. Environmental Clearance. The project is categorically exempt from the
Califomia Environmental Quality Act, Article 19, Section 15301 (Existing Facilities).
NO\il THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PL20l2-029UP subject to the following conditions:
l. The Conditional Use Permit 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 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.
3. The applicant shall obtain all necessary permits and clearances from the Rohnert Park
Building Department for the project.
4. The project is approved as shown in Exhibits A thru C, except as conditioned.
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 until the appeal period has expired, providing
there are no appeals.
DULY AND REGULARLY ADOPTED on this 26th day of July, 2012 by the City of
Rohnert Park Planning Commission by the following vote:
4AYES: I NOES:ABSENT:I ABSTAIN:
Susafr Adams, Chairperson, Rohnert Park Planning Commission