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2010/05/27 Planning Commission Resolution (2)PLANNING COMMMISSION RESOLUTION NO. 2OIO.I4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF'ROHNERT PARK, CALIF'ORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A MICRO DISTILLERY IN AN EXISTING INDUSTRTAL (rI-L") TENANT SPACE LOCATED AT 5701 STATE X'ARM DRrVE (#11) (Salvatore.Cimino, l5l2 Spírits) WHEREAS, the applicant, Salvatore Cimino, 1512 Spirits filed Planning Application No. PL20l0-01lUP for approval of a use permit to allow the operation of a micro distillery in an existing Industrial tenant space located at 5701 State Farm Drive #11, (APN 143-990-004), in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PL2010-01lUP 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 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; WHEREAS, on May 27,20t0, the Planning Commission reviewed Planning Application No. PL20l0-0llUP during scheduled public hearings at which time interested persons had an opportunity to testift either in support of 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. PL20l0-0l lUP; 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. PL20l0-0l lUP makes the following findings, to wit; A. That the proposed location of the conditional use is in accord wíth the objectives of the zoning ordinance and the purposes of the district ínwhich the site is located. Criteria Satisfied. The proposed location is within an industrial arca that supports a Brewery/Distillery/Winery" by conditional use permit. Staff has determined that no impact relative to parking, traffic or conflict of use is expected and that the micro distillery as proposed would be consistent with the objectives of the Zoning Ordinance and purpose of the district in which the business is located. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrímental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Criteria Satisfied. As discussed in the staff report, the proposed micro distillery 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 Califomia Alcohol Beverage Control. That the proposed condítíonal 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 ZoningOrdinance 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). NO\ry THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PL20l0-01lUP 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 work with and obtain all necessary permits and clearances from the Rohnert Park Building Department and Department of Public Safety. 4. The applicant shall obtain all necessary permits and clearances from the Califomia Alcohol Beverage Control and Department of Environmental Health. 5. Any signage shall be subject to Planning Staff approval. 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 permits shall be issued until the appeal period has expired, providing there are no appeals DULY AND REGULARLY ADOPTED on this 27th day of May, 2010 by the City of Rohnert Park Planning Commission by the following vote: AYEs: í *os,0 ABSENT: ABSTATN: AHANoru ,/ on*rsrRoNc / BoRBA 4rrro* /o*^ / Chairperson, Rohnert Park Planning Commission