2010/10/14 Planning Commission Resolution (3)PLANNING COMMISSION RESOLUTION NO. 2OIO-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA, APPROVING FILE NO. PL2010-061UP: USE PERMIT TO
ALLO\ry MASSAGE THERAPY IN ENDLESS SUMMER SALON AT 1728 E. COTATI
AVENUE IN THE WOLF DEN PLAZA SHOPPING CENTER
WHEREAS, the applicant, Darlene M. Follansbee on behalf of Endless Summer Salon
LLC, has filed Planning Application No. PL2010-061UP for Conditional Use Permit approval to
allow massage therapy in the Endless Summer Salon at1728 E. Cotati;
WHEREAS, Planning Application No. PL2010-06IUP was processed in the time and
manner prescribed by State and local law;
WHEREAS, on October l, 2010, a public hearing notice was published in the
Communitv Voice for a minimum of l0 days and mailed to adjacent property owners within
300 feet of the project alignment and to all agencies and interested parties as required by
Califomia State Planning Law;
WHEREAS, at the October 14,2010, 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. PL2010-061UP;
NO\ry, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOIilS:
Section l. That the above recitations are true and correct.
Section 2. Findings. The Planning Commission, in approving Planning Application
No. PL20I0-061UP makes the following findings, to wit:
I. The proposed location of the conditíonal 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 CN Neighborhood Commercial District, which allows a
massage therapy 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 which it would be operated or
maintained wíll not be detrimental to the publíc health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity and that the operation and
maintenance of the use will be compatible with the suruounding uses.
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. The person(s) operating
the massage therapy business will have to obtain a State of California Massage License.
3. The proposed use will comply with each of the applicable provisions of thís title.
The Massage Therapist(s) will need a Business License from the City of Rohnert Park.
Section3. EnvironmentalClearance.
1. This item was found exempt from the Califomia Environmental Quality Act (CEQA)
under Article 19. Categorical Exemptions Section 1S3-OlExisting Facilities Class 1;
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PL20l0-06lUP to allow a massage therapy business, 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 improvements and construction is
commenced and diligently pursued toward completion and/or the use is initiated, or an
extension is requested and approved.
2. The massage therapist(s) shall obtain a State of California Massage License.
3. The project is approved as shown in Exhibits A- C, except as conditioned or modifred below.
4. In the event Endless Summer Salon closes for business the massage therapy business shall
also close or, if the business wishes to remain, obtain a modification to 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 10 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 14th day of October,20l0,by the City
of Rohnert Park Planning Commission by the following vote:
AYES: \Nops, Ù ABSENT:- ABSTAIN:-
AHANoTU / a*',TRONG /
"o*o /*,rroo, 4,onn^ /
irperson, Rohnert Park Planning Commission