2010/05/27 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2O1O-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA' APPROVING FILE NO. PL2010-014UP: USE PERMIT TO
ALLO\ry THE CONVERSION OF A PORTION OF A RESTAURANT TO BAR \ryITH
LIMITED MUSIC ENTERTAINMENT IN AN EXISTING INDUSTRIAL/OF'FICE
TENANT SPACE LOCATED AT 5979 COMMERCE BOULEVARD
\ilHEREAS, the applicant, Ken Lafranchi on behalf of Antonio Gonzalez, has filed
Planning Application No. PL2010-014UP for Use Permit approval to allow conversion of a
portion of a restaurant to a bar with limited music entertainment in an existing Industrial/Office
(I-L/O) tenant space located at 5979 Commerce Boulevard, #3 (143-990-004) in accordance with
the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PL2010-014UP was processed in the time and
manner prescribed by State and local law;
WHEREAS, public hearing notices were transmitted 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 l0 days
prior to the first public hearing in the Community Voice;
\ilHEREAS, on May 27,2010, the Planning Commission reviewed Planning Application
No. PL20l0-0l4UP during a scheduled public meeting at which time interested persons had an
opportunity to testify either in support or opposition to the project; and
WHEREAS, at the May 27,2010 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. PL20I0-014UP;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF'
ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS F'OLLOWS:
Section l. That the above recitations are true and correct.
Section 2. Findings. The Planning Commission, in approving Planning Application
No. PL2010-0I4UP makes the following findings, to wit:
1. The proposed location of the condítional use is consistent with the objectives of the Zoning
Ordinance and the purpose of the district in which in the site ís located.
The proposed location is within the Industrial/Office (I-LIO) District, which allows bar type
uses as conditionally permitted uses. The applicant has applied for the required use permit.
2. That the proposed location of the use and the conditions under whích it would be operated
or maintained will not be detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicínity and that the operation and
maintenance of the use will be compatible with the surrounding uses; and
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. There is an adequate
parking supply to serve the proposed addition of bar and limited entertainment operation.
3. The proposed use will comply with each of the applicable provisions of this title.
The project does not involve exterior modifications. Any such improvements, as well as
proposals for new signage would require site plan and architectural review and/or
administrative review respectively. The project would also comply with all applicable
Zoning Ordinance standards, including those for noise limitations.
Section 3. Environmental Clearance. The project is categorically exempt from the
California Environmental Quality Act, pursuant to California Code of Regulations, Title 14,
Chapter 3, Section 15301 (Class 1 - Existing facilities with no new construction and no
potentially significant impacts on the environment).
NO\ry THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PL20I0-014UP to allow an addition of bar and limited
musical entertainment uses in an existing industrial/office tenant space located at 5979
Commerce Boulevard, #3 (APNs 143-990-004), subject to the following conditions:
l. Expiration of Approval - Pursuant to the City of Rohnert Park Municipal Code, this approval
shall expire one year from the Planning Commission approval date, unless prior to the
expiration a building permit is issued (if required) for any tenant improvements and
construction is commenced and diligently pursued toward completion and/or the use is
initiated, or an extension is requested and approved.
2. Conformance with Municipal Code and Other Agency Plans - All improvements 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 and Public Safety Departments.
4. This Conditional Use Permit is limited to acoustic guitar and Karaoke on the specified days
and times as follows:
Acoustic Guitar: M-Th 6:00 p.m.- 9:00 pm
Karaoke: Fr- Sun 8:00 p.m.- 12:00 a.m.
5.Should the applicant seek to add other entertainment attractions, an application fbr
amendment to the conditional use permit shall be filed and the matter be heard by the
Planning Commission.
The applicant shall maintain sound levels not to exceed 65 dB levels.
All alterations and new construction where a permit is required shall comply with the City of
Rohnert Park Green Building requirements as specified in Rohnert Park City Ordinance782.
Signage advising patrons of additional parking to the rear of the property shall be
installed at the entrance to the center. All on-site and building signage proposals shall
be submitted to the Planning Division for review and approval prior to installation.
Violations of the Conditional Use Permit or any provision of the Municipal Code Chapter
17.25 Afücle XIV may be cause for revocation of this Conditional Use Permit.
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 nor shall the use be initiated until the appeal
period has expired, providing there are no appeals.
DULY AND REGULARLY ADOPTED on the 27th day of May, 2010, by the City of
Rohnert Park Planning C ission by þfollowing vote:
rperson, Rohnert Park Planning Commission
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