2010/04/08 Planning Commission Resolution (2)PLANNING COMMMISSION RESOLUTION NO. 2OIO.I2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT FOR A \ryINE BAR WITH ASSOCIATED RETAIL SALES FOR PROPERTY
LOCATED AT s68s RED\ryOOD DRrVE (#100)
(John Ryno, \iline Direct Club)
WHEREAS, the applicant, John Ryno, filed Planning Application No. PL2010-007UP
for approval of a use permit to allow the operation of a wine bar with associated retail sales at
5685 Redwood Drive (#100) (APN t43-040-048), in accordance with the City of Rohnert Park
Municipal Code;
WHEREAS, Planning Application No. PL2010-007UP 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 was published for a minimum of 10 days prior to the
first public hearing in the Community Voice;
WHEREAS, on April 8, 2010, the Planning Commission reviewed Planning Application
No. PL20I0-007UP during scheduled public hearings at which time interested persons had an
opportunity to testify either in support of or opposition to the project; and
\ryHEREAS, at the April 8, 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. PL2010-007UP;
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. PL20I0-007UP makes the following findings, to wit;
A. That the proposed location of the conditional use is in accord with the objectives of the
zoning ordinance and the purposes of the district ín which the site is located.
Criteria Satisfied. The proposed location is within an industrial area that supports a
"bar/nightclub" by conditional use permit. Staff has determined that no impact relative to
parking, traffrc or conflict of use is expected and that the the wine barlretail sales as
proposed would be consistent with the objectives of the ZoningOrdinance and purpose of
the district in which the business is located.
That the proposed location of the conditional use and the conditions under which ít
would be operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements ín the vicinity.
Criteria Satisfied. As discussed in the staff report, the proposed wine barlretail sales will
be limited in nature and 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 operation
including the Department of Public Safety and California Alcohol Beverage Control.
That the proposed conditional use will comply with each of the applicable provisions of
this Title.
Criteria Satisfied. As noted in the staff report, the project will comply with all applicable
Zoning Ordinance standards. Furthermore, there shall be no changes to the structure that
would affect the dimensional requirements of the Zoning Ordinance as it pertains to this
site.
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. PL20l0-007UP subject to the following conditions:
1. 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 and any other applicable relevant plans of affected agencies.
3. The applicant shall obtain all necessary permits and clearances from the Rohnert Park
Building Department. Bar counter height and entrance door strike edge clearance shall
comply with all applicable provisions of the ADA and Title 24 Disabled Access Regulations.
4. The applicant shall apply to the Department of Public Safety for an alcohol sales use permit
in accordance with Municipal Code Chapter 8.34 and maintain yearly permit at all times
alcohol will be sold or served.
5. The applicant shall obtain all necessary permits and clearances from the California Alcohol
Beverage Control.
6. Any sign'age shall be subject to Planning Staff approval.
7. Should the Wine Bar/Retail operations wish to expand the business activity, i.e. additional
hours during the weekday, the use permit shall be brought back before the Commission to
assess any potential parking issues that may arise due to increased increased activity.
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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 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 8th day of April, 2010 by the City of
Rohnert Park Planning Commission by the following vote:
AYES: !NoES: D ABSENT: I ABSTAIN:-
AHANoru /t ARMSTRoNc '{ BoRBA Y NTLSoN { NoRDIN {
, Rohnert Park Planning Commission