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2011/08/11 Planning Commission Resolution (3)PLANNING COMMMISSION RESOLUTION NO. 2OII.2O A RESOLUTION OF'THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MARTIAL ARTS STUDIO (Jeremy and Dubra Taylor owners of Kuk Sool Won of Rohnert Park) \ryHEREAS, the applicants, Jeremy and Dubra Taylor, filed Planning Application No. PL20ll-029UP for approval of a Conditional Use Permit to allow a Martial Arts Studio in a portion of an existing industrial building located at 311 Professional Center Drive Suite 150 (APN 143-490-026), in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PL201l-029UP 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 10 days prior to the first public hearing; \ilHEREAS, on August 11, 2011, the Planning Commission reviewed Planning Application No. PL201l-029UP 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 ll,20ll, 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. PL20l l-029UP; NOW, THEREFORE, THE PLANNTNG COMMISSION OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section l. That the above recitations are true and conect. Section 2. Findings considered. The Planning Commission, in approving Planning Application No. PL20l l-029UP, makes the following frndings, to wit: A. That the proposed location of the conditional use is consistent with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located; The proposed location is in an l-L/O Industrial/Office Overlay District that allows for a martial arts 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 suroundingareaand will be compatible with the existing use in the building and other industrial and offlrce uses that may locate in vicinity. B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or ímprovements in the vicinity, and that the operation and maíntenance of the conditional use will be compatible with the surrounding uses. The martial arts studio is presently operating in a gymnasium across the street from the new location. It has been at that location for two years and is compatible with the surrounding area. The martial arts studio will operate in a completely enclosed building and has shown itself to be a good neighborhood with the sunounding area. The use will not be apparent from the exterior of the building other than the proposed signs and will operate primarily during the late afternoon and evening hours when other uses in the area may be closed. C. That the proposed conditional use will comply with each of the applícable provisíons of this Title. The martial arts 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. PL201l-029UP subject to the following conditions: l. 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 Martial Arts Studio shall be subject to review by the Planning Division of the lDevelopment Services Department prior to issuance of a Building Permit. 4. Any amplified music/sounds used by the martial arts 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 martial arts 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 10 working days from the date of said action. No building þermits shall be issued until the appeal period has expired, providing there are no appeals DULY AND REGIILARLY ADOPTED on this 1lú day of August, 20tl by the City of Rohnert Park Planr¡ing Commission by the fotlowing vote: ADuwrsþq,"hn¡øsrnowc t/ BoRBA / AYES: LNOES:- ABSENT:/ *rro^, cruDrce -LHAYDoN /