2011/03/24 Planning Commission Resolution (2)PC RESOLUTION NO. 2011-06
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROHNERT PARK, CALIFORI{IA,
DENYING FILE NO. PL20ll-08UP: CONDITIONAL USE PERMIT FOR
TOBACCO STORE,540 RALEY'S TO\ryNE CENTRE, NO.23
(Tareq Airehani)
\ilHEREAS, the applicant, Tareq Airehani, owner of Fair Haven Tobacco Store
filed Planning Application No. PL20l l-008UP for approval of a use permit for a tobacco
store in the Raley's Towne Centre Shopping Center at540 Raley's Towne Centre, No. 23
(APN 143-051-054) in accordance with the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PL20l l-008UP 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
Co{nmunity Voice for a minimum of 10 days prior to the first public hearing;
\üHEREAS, on March 10, 2011, the Planning Commission reviewed Planning
Application No. PL20l l-008UP during a scheduled public meeting at which time
interested persons had an opportunity to testiff either in support or opposition to the
project; and,
\ilHEREAS, at the March 10,2011, Planning Commission meeting, upon hearing
and considering all testimony and arguments of all persons desiring to be heard, the
Commission considered all the facts relating to Planning Application No. PL20l l-008
and voted to direct staff to prepare a resolution denying the application.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ROHNERT PARK DOßS RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findings. The Planning Commission, in denying Planning
Application No. PL201l-008UP makes the following findings, to wit;
A. A tobacco store at this location would not be compatible with the nearby
multi-family residential development or the senior housing facility both within
walking distance of the tobacco store location.
A tobacco store selling paraphemalia that is not for smoking tobacco but used
for other non-tobacco products, is not the type of business the City wants to
attract in this area.
The Raley's Center is a family oriented development with a clothing store,
market, restaurants and other stores that cater to adults with children. A
tobacco store which must prohibit any customers under the age of 18 is not a
family oriented business and would not be appropriate at this location.
The merchandise sold in the tobacco store would cause blight in the shopping
center and what is becoming Rohnert Park's downtown area.
NO\ry, THEREFORE, BE IT RESOLVED, that the Planning Commission does
hereby deny Planning Application No. PL2}ll-008, Conditional Use Permit for tobacco
store as reviewed at the March 10,2011 Planning Commission meeting. This denial is
based on the Planning Commission review of Planning Application No. PL20l l-008 and
public testimony received at the public hearing.
BE IT FURTHER RESOLVED that said action shall not be deemed fïnal until
the appeal period has expired and that the appeal period shall be l0 calendar days from
the date of said action.
DULY AND REGULARLY ADOPTED on this 24th day of March, 20ll ,by
the City of Rohnert Park Planning Commission by the following vote:
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David Armstı-ng,