2012/12/13 Planning Commission ResolutionPC RESOLUTION NO. 2012-26
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROHNERT PARK CALIFORNIA,
CONDITIONALLY APPROVING FILE NO. PL2O12-O4OUP
USE PERMIT FOR GRACIE BARRA MARTIAL ARTS STUDIO AT 727I
SNYDER LANE (APN 1s8-202-036)
(Aparecido Ferreira, owner)
\ryHEREAS, the applicant, Aparecido Ferreira, owner of Garcie Barra Martial
Arts Studio filed Planning Application No. PL20I2-040UP for approval of a use permit
for a martial arts studio in a portion of an existing shopping center building at 7271
Snyder Lane (APN 158-202-036) in accordance with the City of Rohnert Park Municipal
Code;
WHEREAS, Planning Application No. PL2012-040UP was processed in the time
and manner prescribed by State and local law;
\ilHEREAS, 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 was published in the
Community Voice for a minimum of l0 days prior to the first public hearing;
WHEREAS, on December 13, 2012, the Planning Commission reviewed
Planning Application No. PL2012-040UP 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 December 13,2012, 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.
PL2012-040UP;
NO\ü, 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. PL20I2-040UP makes the following findings, to wit;
A. That the proposed locatíon of the conditíonal use is consistent wíth the objectives of
the Zoning Ordínance and the purposes of the district in which the site is located.
The proposed location is within a commercial area that permits a martial arts studio
subject to Conditional Use approval. The use conforms to the parking requirement
for a martial arts studio.
B. That the proposed location of the condítional use and the conditions under whích it
would be operated or maíntaíned wíll not be detrimental to the publíc health, safety,
or welfare, or materially injurious to properties or improvements ín the vicíníty, and
that the operatíon and maintenance of the Conditional Use will be compatible with
the surrounding uses.
The project will not have a negative effect on the public health, safety, or welfare; or
be materially injurious to persons, properties or improvements in the vicinity. The
primary activity in the martial arts studio will be limited during the morning and
afternoon hours and most of the activity will be during the evening hours and on
week-ends when some of the nearby businesses will be closed. The martial arts studio
will therefore have a minimum impact on other businesses in the center.
C. That the proposed conditional use will comply with each of the applicable provisíons
of this Title.
As discussed in the staff report, the project will comply with all parking requirements
and other standards in the ZoningOrdinance that apply to martial arts studios.
Section 3. Environmental Clearance. The project is categorically exempt from the
California Environmental Quality Act, pursuant to California Code of Regulations Title
19. Categorical Exemptions Section 15301 Existing Facilities Class I the operation,
repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public
or private structures...involving negligible or no expansion of use beyond that existing at
the time of the lead agency's determination.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does
hereby approve Planning Application No. PL20I2-040UP, subject to the following
conditions:
The use permit approval shall expire one year from the Planning Commission
approval date, unless prior to the expiration a business license is issued, or a
building permit is issued for any tenant improvements, if applicable, and
construction is commenced and diligently pursued toward completion and the use is
initiated, or an extension is requested and approved.
The applicant shall comply with all applicable sections of the City of Rohnert Park
Municipal Code.
Any signage shall be subject to Development Services Staff approval.
1.
)
3.
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 l3th day of December,20l2by
the City of Rohnert Park Planning Commission by the following vote:
AYES:6 Nons: 0 ABSENT:- ABSTAIN:
ARMSTRONG ,/,/ADAMS HAYDON
Susan Adaíns, Chairperson,Park Planning