2010/12/09 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2OIO-42
A RESOLUTION OF THE PLANNING COMMISSION OF'THE CITY OF ROHNERT
PARK, CALIFORNIA, APPROVING FILE NO. PL2010-072UP: USE PERMIT TO
ALLOW KARAOKE ENTERTAINMENT AND THE SERVING OF MIXED DRINKS IN
TONAYAN MEXICAN RESTAURANT IN RALEY'S TO\üI\E CENTER SHOPPING
CENTER LOCATED AT 500 RALEY'S TOWNE CENTER (APN 143-051-054)
WHEREAS, the applicant, Isidor Diaz Velasio owner of Tonayan Mexican Restaurant,
has filed Planning Application No. PL2010-072UP for Use Permit approval to allow a portion of
a restaurant to be used for Karaoke entertainment and the serving of mixed drinks in a C-R
Regional Commercial (C-R) tenant space located at 500 Raley's Towne Center (143-051-054) in
accordance with the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PL20L0-072UP 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 notice was published in the CommuniW
Voice for a minimum of l0 days prior to the frrst public hearing;
\ilHEREAS, on December 9, 2010, the Planning Commission reviewed Planning
Application No. PL2010-072UP 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 December 9,2010 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. PL20L0-072UP;
NOW, THEREFOREN 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. PL2010-072UP makes the following frndings, to wit:
L The proposed location of the conditíonal use is consístent with the objectives of the Zoníng
Ordinance and the purpose of the district inwhich the site is located.
The proposed location is within the C-R Regional Commercial District, which allows
Karaoke type use and the serving of mixed drinks as a conditionally permitted use. The
applicant has applied for the required use permit.
That the proposed location of the use and the conditions under which it would be operated or
maintained will not be detrimental to the public health, safety, or welfare, or materíally
injurious to properties or improvements in the vicinity and that the operatíon 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. Most of the sunounding
businesses in the center will be closed when Karaoke is offered and there will be an adequate
parking supply to serve the proposed addition of Karaoke entertainment. The serving of
mixed drinks will conform to the ABC requirements of the On-Sale Type 47 General liquor
license. The restaurant shall conform to the requirements of Zoning Ordinance Section
1,7.07.010.
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\il THEREFORJ' BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PL20I0-072UP to allow the addition of Karaoke musical
entertainment uses in a restaurant at 500 Raley's Towne Center (APN 143-051-054), 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 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 Karaoke on the specified days and times as
follows:
Fr- Sat 9:00 p.m.- l:00 a.m.
Fr- Sat 9:00 p.m.- 1:00 a.m.
5. Should the applicant seek to add other entertainment attractions, an application for
amendment to the conditional use permit shall be filed and the matter be heard by the
Planning Commission.
6. The applicant shall maintain sound levels not to exceed 65 dB levels measured at the
exterior of the building.
7. When Karaoke is performed the doors to the building shall remain closed except when
patrons are entering and leaving the building.
8. Meals shall be offered to customers whenever alcoholic beverages are served in
conformance with Zoning Ordinance Section 17.07.010.
9. All on-site and building signage proposals shall be submitted to the Planning Division for
review and approval prior to installation.
10. Violations of the Conditional Use Permit or any provision of the Municipal Code Chapter
17.25 Article 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 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 9th day of December,20l0, by the
City of Rohnert Park Planning Commission by the following vote:
AYES: 5 NOES: 0 ABSENT: ABSTAIN:
AHANoru / ARMSTRoNc /
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irperson, Rohnert Park Planning Commission