2011/06/09 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2OTI.I4
A RESOLUTION OF'THE PLANNING COMMISSION
OF THE CITY OF ROHNERT PARK, CALIF'ORNIA,
CONDITIONALLY APPROVING FILE NO. PL2O11.O2OUP
USE PERMIT FOR SUMMER CINEMA AT 6 PADRE PARKWAY
(Jeff Schach for Brain Freeze Yogurt)
WHERDAS, the applicant, Jeff Schach for Brain Freeze Yogurt filed Planning
Application No. PL201I-020UP for approval an outdoor summer cinema at 6 Padre
Parkway (APN 143-051-071) in accordance with the City of Rohnert Park Municipal
Code;
\ilHEREAS, Planning Application No. PL201l-020UP 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;
\ilHEREAS, on June 9, 20II, the Planning Commission reviewed Planning
Application No. PL2011-020UP 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 June 9, 2010, 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. PL2011-
O2OUP;
NOW, THEREFORE, THE PLANNING COMMISSION OX'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. PL20l1-020UP 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 inwhich the site is located.
The proposed location is zoned M-U Mixed Use which permits a temporary use event
and seasonal activity subject to a Conditional use permit.
The proposed use will take place four times during the summer, twice in the swnmer
month of July and once in each of the surnmer months of August and September.
The use may have some minor impacts on the adjacent residential uses but this will
only be for a short period of time on Friday evenings.
Page I
B. That the proposed locatíon of the conditional use and the conditions under which it
would be operated or maintained wíll 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 Conditional Use will be compatible with
the surrounding uses.
The noise impacts from the use will be for a two hour period on Friday evening in
four consecutive summer months. This will have very minor impacts on adjacent
properties. Conditions of approval will require the operator to clean the area after the
cinema, provide toilet facilities for the public viewing the movies and pick up any
litter attributable to the cinema.
C. That the proposed conditional use will comply wíth each of the applicable provisions
of this Title.
As discussed in the staff report, the project will comply with all applicable standards
in the Zoning Ordinance.
Section 3. Environmental Clearance. Article l9 Categorical Exemptions Section
15304 Minor Alterations to Land Class 4 (e) Minor temporary use of land having
negligible or no permanent effects on the environment, including carnivals, sales of
Christmas trees, etc.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does
hereby approve Planning Application No. PL2011-020UP, subject to the following
conditions:
l. The use permit approval shall expire one year from the Planning Commission
approval date, unless the applicant proceeds with implementing the summer cinema
use for the summer of 201 l.
2. The applicant shall comply with all applicable sections of the City of Rohnert Park
Municipal Code.
3. The applicant shall provide portable toilets for the cinema patrons including
equipment for washing hands. The toilets shall be installed the day of the cinema
and removed the day after the cinema
4. The applicant shall provide refuse containers for use by cinema patrons. They shall
be installed and removed the same day as the cinema. At no time shall the refuge
containers located at the Centreville common area be utilized for the Summer
Cinema events.
5. Immediately following the evening cinema after the patrons and vehicles have
vacated the site the applicant shall pick up all litter attributable to the use on the
subject property and on the streets and parking lots in the immediate area that were
used by the cinema patrons.
6. The applicant may place two (2) 24 square foot signs on the subject property. The
signs may be allowed two (2) weeks prior to the event as shown and approved
on the submitted site plan and shall be removed the day immediately following
the September cinema event (October l,20ll).
Page2
7. The applicant may permit a non-profit group to sell popcorn, candy and soft drinks
to the cinema patrons.
8. The speakers providing sounding for the movies shall be placed so they face
Rohnert Park Expressway.
9. The City of Rohnert Park shall have no responsibility for maintenance of the lot
where the outdoor cinema will be located.
10. The applicant shall provide an FM sound system that will permit vehicles to receive
the movie sound on their vehicles FM radios. Patrons in vehicles shall be
informed that the operation of the car motor is not allowed throughout the
cinema showing. Vehicle patrons shalt utilize the auxiliary position on the
vehicles electric system to power the FM radio.
11. The applicant shall apply for and receiye an amplified sound permit from the City.
12. The applicant shall not park more than 20 vehicles in each row.
13. The applicant shall have on-site personnel directing traffic flow and parking of
vehicles.
14. The applicant shall provide liability insurance for each event and the City of
Rohnert Park shall be named as additional insured, details subject to approval of the
City Attorney.
15. The movies shall be restricted to the following dates:
July I and 28
August 19
September 30
16. All activity on the site shall cease by 10:30 p.m. and all equipment shall be removed
after each show. The hay bales may remain in place throughout the summer
cinema event showings and shall be removed the day immediately following the
September cinema event (October 1r 2011).
17. The applicant shall reverse the direction the movie viewers face with the screen
placed at the east end of the site.
18. At any time should the applicant desire to relocate the Summer Cinema event
to a location in closer proximity to the Farmers Market, no formal Planning
Commission review is necessary, however, approvals shall be obtained from
the City through the Parks and Recreation Department.
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.
DULY AND REGULARLY ADOPTED on this 9th day of June, 201 I by the
City of Rohnert Park Planning Commission by the following vote:
Page 3
,/
h\
AYES: 1 NoES: U ABSENT: ABSTAIN:
ADAMs ,/ ARMsTRoN c / BoRBA /o*rr", -
"o-o*
David Armstrong, Chairperson, Rolihert Park Planning Commission
Page4