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2011/08/11 Planning Commission Resolution (2)PLANNING COMMMISSION RESOLUTION NO. 2OII.I9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A DANCE STUDIO (Tamara Grose for Classical and Contemporary Dance) \ilHEREAS, the applicant, Tamara Grose, filed Planning Application No. PL2}ll- 027UP for approval of a Conditional Use Permit to allow a dance studio in a portion of an existing commercial building located at6445 Redwood Drive (APN 143-391-071), in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PL20l l-027UP was processed in the time and manner prescribed by State and local law; \ryHEREAS, 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 notice was published in the Community Voice for a minimum of l0 days prior to the first public hearing; WHEREAS, on August 11, 2011, the Planning Commission reviewed Planning Application No. PL20l l-027UP during a scheduled public meeting at which time interested persons had an opportunity to testify either in support of or opposition to the project; and, \ilHEREAS, at the August 1I,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. PL20ll-027lJP; NO\ry, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section l. That the above recitations are true and correct. Section 2. Findings considered. The Planning Commission, in approving Planning Application No. PL20l l-027UP, makes the following findings, to wit: A. That the proposed location of the conditional use ís consistent with the objectives of the Zoning Ordínance and the purposes of the district in which the site is located; The proposed location is in a C-R Regional Commercial District that allows for a dance studio by conditional use approval, therefore, the proposed use is an appropriate one at this location. The use will be compatible with other uses in the surroundingareaand will be compatible with the existing use in the building and other commercial uses that may locate in existing vacant spaces in the building. B. That the proposed location of the conditíonal use and the conditions under which ít would be operated or maintainedwill not be detrimental to the public health, safety, or weWe, 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 dance studio will operate in a completely enclosed building with curtains on the store front windows to provide privacy for the dance studio. The use will not be apparent from the exterior of the building and will operate primarily during the evening hours when other uses in the area may be closed. C. That the proposed conditional use will comply with each of the applicable provisions of this Title. The dance studio will comply with the Staff-recommended conditions of approval attached to the Resolution and any other applicable requirements of the Zoning Ordinance. Section 3. Environmental Clearance. The project is categorically exempt from the California Environmental Quality Act, Article 19, Section 15301 (Existing Facilities). NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PL2011-027UP subject to the following conditions: 1. The Conditional Use Permit approval will expire one year from the Planning Commission approval date, unless prior to the expiration a building permit is issued 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 obtain all required Building Permits prior to commencing any construction within the interior of the building. 3. Any proposed signs for the dance studio shall be subject to review by the Planning Section of Development Services Department prior to issuance of a Building Permit. 4. Any amplified music used by the dance studio shall be at a level that will not disturb adjacent or nearby tenants. If complaints are received, the applicant shall take any necessary steps to resolve the problem, details subject to approval of the Development Services Department. 5. Adults or children using the dance studio shall not congregate outside or in the vicinity of the building. 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 l0 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 1lth day of August, 20ll by the City of Rohnert Park Planning Commission by the following vote: I AYES: Y NOES:ABSENT: I ESSTETN, ADAMs/b u*t*vm* **"o ãruor"" HAYDoN t%t /\ t ,(7L -\ Chairperso-n,Rohnèi-parkPlanningCommission