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2011/02/10 Planning Commission ResolutionPC RESOLUTION NO. 201 1.03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, CONDITIONALLY APPROVING FILE NO. PL2O11-OO5UP USE PERMIT FOR SONOMA MARTIAL ARTS STUDIO AT 10 ENTERPRISE DRIVE (Terri K. Crews, Owner) \ilHEREAS, the applicant, Teri K. Crews, owner of Sonoma Martial Arts Studio filed Planning Application No. PL20l l-005UP for approval of a use permit for a martial arts studio in a portion of an existing shopping center building at l0 Enterprise Drive (APN 143-051-048) in accordance with the City of Rohnerl Park Municipal Code; WHEREAS, Planning Application No. PL201l-005UP 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 was published in the Community Voice for a minimum of l0 days prior to the first public hearing; WHEREAS, on February 10, 2011, the Planning Commission reviewed Planning Application No. PL20l1-005UP during a scheduled public meeting at which time interested persons had an opportunity to testify either in support or opposition to the project; and, \ilHEREAS, at the February 10, 2011, 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. PL20t l-005uP; 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. PL20l l-005UP makes the following findings, to wit; A. That the proposed location of the conditional is consistent with the objectives of the Zoning Ordinance and the purposes of the district in which the site ís located. The proposed location is within a commercial area that permits a martial arts studio subject to Conditional Use approval. There is a small personal trainer type gym in this center and a gym in a center in the vicinity. A gym and personal training is a B. similar use and the proposal for a martial arts studio is compatible with other uses in the area. Therefore, the proposed use is appropriate at this location. That the proposed location of the conditional use and the conditions under whích it would be operated or maintaíned will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the viciníty, and that the operation 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 properties or improvements in the vicinity. The primary activity in the martial afts studio will be during the evening hours when most of the businesses in the center are closed. The martial arts studio will therefore have a minimum impact on other businesses in the center. The applicant will be required to obtain all necessary permits pertaining to the operation and be in compliance with the Conditions of Approval. That the proposed conditional use wíll comply with each of the opplicable provisions of this Title. As discussed in the staff report, the project will comply with all parking requirements and any other standards in the Zoning Ordinance 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. PL201l-005UP, subject to the following conditions: 1.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 Planning Staff approval. C. ) J. 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 10th day of February ,2011 by the City of Rohnert Park Planning Commission by the following vote: ADAMSf¡u'¡rl.eRvsrRoNG Y BoRBA ( cruDrcE V HAyDoN Y David A-rmstrong, Chairperson, Rohnert Park Planning Commission