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2010/07/22 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2OIO.I7 A RESOLUTION OF THE PLAIINING COMMISSION OF THE CITY OF ROHNERT PARK' CALIFORNIA, APPROVING FILE NO. PL,2010-046UP: USE PERMIT TO ALLO\ry A RESTAURANT AND BAR IN AN EXISTING C-R (REGIONAL CoMMERCTAL) BUILDING LOCATED AT 6490 REDWOOD DRrVE WHEREAS, the applicant, Rick Ebereton, Architect on behalf of Mi Pueblo Taqueria, has filed Planning Application No. PL20I0-046UP for Use Permit approval to allow reuse of an existing commercial building in a C-R (Regional Commercial) District located at 6490 Redwood Drive (143-391-022)inaccordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PL20I0-046UP 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 Califomia State Planning Law, and a public hearing notice was published in the Communitv Voice for aminimum of l0 days; VVHEREAS, on July 22,2010, the Planning Commission reviewed Planning Application No. PL2010-046UP 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 July 22,2010 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 ApplicationNo. PL20I0-046UP; NO\ry, THEREFORE, THE PLAI\NING 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. PL20l0-046UP makes the following fìndings, to wit: I. The proposed location of the condítional use is consistent with the objectives of the Zoning ' Ordinance and the purpose of the district in which the site is located. The proposed location is within the C-R (Regional commercial) District, which allows a restaurant and bar use as a conditionally permitted use. The applicant has applied for the required use permit. 2. That the proposed location of the use and the conditions under whích ít would be operoted or maíntained will not be detrimental to the public heakh, safety, or welfare, or ma(prially injurious to properties or improvements in the viciníty and that the operation and maintenance of the use wíll 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 iqiurious to properties or improvements in the vicinity. The building and site was ' formerly developed and used as a restaurant with no known detriment or impact to the surrounding commercial uses. 3. The proposed use will comply with eøch of the applicable provisíons of thß title. The project will include modifications to the interior of the building and upgrading and refi¡bishing of the building exterior, landscaping and parking lot. 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. Section 3. Environmental Clearanc,e. The project is categorically exempt from the California Environmental Quality Act, pursuant to Califomia Code of Regulations, Title 14, Chapter 3, Section 15301 (Class I - Existing facilities with no new construction and no potentially significant impacts on the environment). NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PL2010-046UP to allow a restaurant and bar in an existing C- R (Regional Commercial) building located at 6490 Redwood Drive (APN 143-391-022), subject to the following conditions: 1. 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 expiratión 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 ofaffected agencies. 3. The applicant shall obøin all necessary permits and clearances from the Rohnert Park Building and Public Safety Departments. 4. A fire sprinkler system is required by CBC 903.2.1.2, if not already existing. 5. 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 Ordinance 782. 6. All on-site and building signage proposals shall be submitted to the Planning Division for review and approval prior to installation. 7. The exterior of the building and landscaping shall be refurbished with details subject to stafl approval. 8. The damaged areas of the parking lot shall be repaired and the parking lot re-strþed, details subject to staff approval. g. 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. 10. Any limited live entertainment other than on the 5th of May shall require a modification of this Conditional Use Permit. 11. Applicant shall obtain an Administrative Permit from Department of Public Safety prior to occupancy. 12. This conditional use permit is subject to obtaining all appropriate Alcoholic Beverage Control permits prior to occupancy. 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 rãí¿ urtion. 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 REGI]LA PTED on the 22nd day of July, 2010, by the City of Rohnert Park Planning the following Park Planning Commission I AYES: LI NOES: ABSENT: II ABSTAIN: AHANOTU Y ARMSTRONG Y BoRBAI-b- NILSoN-L NoRDTN-/-