2011/04/28 Planning Commission ResolutionPC RESOLUTION NO. 2011.08
A RESOLUTION OF THE PLANNING COMMISSION
oF THE CITY OF ROHNERT PARK, CALIFORNIA,
CONDITIONALLY APPROVING FILE NO. PL2O1 1.O13UP
USE PERMIT FOR INDOOR AMUSEMENT CENTER ['OR PRACTICING
BASEBALL AND SOFTBALL SKILLS AT 555 ROHNERT PARK
EXPRESSWAY
(Scott Archini, owner)
WHEREAS, the applicant, Scott Archini, owner of Beyond the Bat, filed
Planning Application No. PL20l1-013UP for approval of a use permit for an amusement
center for practicing baseball and softball skills 555 Rohnert Park (APN 143-391-065) in
accordance with the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PL201l-0l3UP 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 California State Planning Law, and a public hearing was published in the
Community Voice for a minimum of 10 days prior to the first public hearing;
WHEREAS, on April 28, 2011, the Planning Commission reviewed Planning
Application No. PL201l-0l3UP during a schçduled public meeting at which time
interested persons had an opportunity to testify either in support or opposition to the
project; and,
\ilHEREAS, at the April 28, 20II, 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. PL2}ll-
O13UP;
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. PL20ll-013UP makes the following findings, to wit;
A. That the proposed location of the conditional use ís consistent with the objectives of
the Zoning Ordinance and the purposes of the district inwhich the site is located.
The proposed location is in a C-R Regional Commercial District that allows for "an
indoor amusement center consisting of two batting cages, a soft toss cage, a dirt
mound throwing area and two practice tunnels" by conditional use approval,
therefore, the proposed use is an appropriate one at this location.
B. That the proposed location of the conditional use and the condítions under which 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 vicinity, and
that the operation and maintenance of the Conditíonal Use will be compatible wìth
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 applicant
will be required to obtain all necessary permits pertaining to the proposal and abide
by the conditions of approval. As discussed in the staff report, the proposed use will
be compatible with the other uses in the building. There will be adequate parking for
the proposed use in the large parking lot between the building and Rohnert Park
Boulevard. Access for the patrons of Beyond the Bat will have convenient access to
the business from Labath Avenue which the business faces.
C. That the proposed condítíonal use will comply with each of the applicable provísions
of thß Title.
As discussed in the staff report, the project will comply with all applicable standards
in the Zoning Ordinance.
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.
NOIV THEREFORE BE IT RESOLVED, that the Planning Commission does
hereby approve Planning Application No. PL2011-0I3UP, subject to the following
conditions:
l. 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.
2. The applicant shall comply with all applicable sections of the City of Rohnert Park
Municipal Code.
3.
4.
5.
6.
The applicant shall secure all necessary permits and clearances from the Rohnert
Park Building and Public Safety Departments prior to commencement of the
operation at this location.
Any signage shall be subject to Planning Staff approval prior to obtaining a
Building Permit.
A trash receptacle and recycling container for beverage cans and bottles shall be
placed adjacent to the vending machines.
There shall be no practicing of baseball or softball skills in the parking lot or drive
aisles.
The blue sknding seam roof on the Rohnert Park frontage of the portion of the
building occupied by Beyond the Bat shall be repainted the same blue color.
BE IT FURTHER RESOLVED that said action shall not be deemed frnal 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 28th day of April, 201I by the
City of Rohnert Park Planning Commission by the following vote:
uAYES: ' NOES'ABSENT: i ABSTAIN:
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Planning Commission