2008/04/24 Planning Commission Resolution (4)Item No.: 3
File No.:PL2008-004UP
PC RESOLUTION NO. 2008-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK
APPROVING A CONDTIONAL USE PERMIT FOR THE SALLY TOMATOES, INC BAR AND NIGHT
CLUB LOCATED AT 1100 VALLEY HOUSE DRIVE, FILE NO. PL2008-004UP;
ASSESSOR PARCEL NUMBER 046-051-045.
WHEREAS, Gerard Giudice and Bill Pettibone filed an application on February 18, 2008 for
Planning Commissions consideration of a Conditional Use Permit for a bar and night club for up to 678
persons within an existing cafeteria containing 16,225 square feet. The property is located at 1100 Valley
House Drive (APN 046-051-045); and
WHEREAS, Planning Application No. PL2008-004UP was deemed complete on April 9, 2008 and
has been processed in the time and manner prescribed by State and local law;
WHEREAS, public hearing notices were appropriately posted and mailed to the property owners
adjacent and within 300 feet of the project site;
WHEREAS, on April 24, 2008, the Planning Commission reviewed Planning Application
No.PL2008-004UP and a scheduled public hearing was opened and closed at which time interested persons
had an opportunity to testify either in support or opposition to the project; and
WHEREAS, the Conditional Use Permit up for Planning Commission consideration was acted
upon.
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.
PL2007-037UP makes the following findings:
A. That the proposed location of the bar and night club is consistent with the objectives of the
Zoning Ordinance and the purposes of the district in which the site is located,
Criteria Satisfied: The "I -L" zoning district conditionally permits bars and night clubs when it may be
concluded that the project is consistent with the Zoning Code objectives. The proposed 16,225 square foot
facility has been determined to be consistent with these objectives and particularly Objectives B and C
which state:
[e]nsure that development creates a harmonious, convenient, workable relationship among land
uses; and
[p]romote the stability of existing land uses which conform to the General Plan.
The Sonoma Mountain Village site has already hosted several temporary events for which the City of
Rohnert Park has issued Temporary Use Permits. These functions typically provide alcoholic beverages
along with food. The applicant wishes to expand the temporary nature of the business to more permanent
status. If approved, the facility could theoretically host an event every day of the week.
Planning Commission Staff Report
April 24, 2008
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Item No.: 3
File No.:PL2008-004UP
B. That the proposed location of the bar and night club and the conditions under which it would be
operated and maintained will ensure the protection of public health, safety, or welfare, and will
not be materially injurious to properties or improvements in the vicinity, and that the operation
and maintenance of the conditional use will be compatible with the surrounding uses.
Criteria Satisfied: The proposed conditions of approval have been considered and deemed appropriate to
ensure the protection of the public's health, safety or welfare. Furthermore, the proposed conditions of
approval ensure that other properties and improvements in the vicinity remain compatible.
C. The proposed bar and night club will comply with each of the applicable provisions of this title.
Criteria Satisfied: The site is zoned "I -L" — Industrial per the Zoning Code. The stated purpose of the "I -L"
District is to provide for the effective integration of industrial uses so that impacts related to noise, traffic,
illumination and other potential concerns are minimized. The proposed bar and night club is located at least
1000 feet from any residential or school and has operated several times (successfully) as a temporary use.
Section 3. Environmental Clearance. Staff has determined that 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).
Criteria Satisfied: Section 21084 of the Public Resources Code requires the CEQA guidelines to include a
list of projects which have been determined not to have a significant effect on the environment and which
shall, therefore, be exempt from the provisions of CEQA. The Secretary for Resources has declared that the
following Class I exemption is categorically exempt from the requirement for the preparation of
environmental documents.
The Class I exemption is for "Existing Facilities" and would encompass the operation, repair, maintenance,
permitting, leasing of a use that is located within an existing facility. The proposed use would be located
entirely within an existing facility and the use is consistent with the General Plan and Zoning. Conditions of
approval include a requirement that the facility remain closed to prevent any potential noise issues with
surrounding land uses.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve
application for Conditional Use Permit, File No. PL2008-004UP for the Sally Tomatoes bar and night club
located at 1100 Valley House Drive subject to the following conditions of approval:
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 and construction is commenced and diligently pursued toward completion and/or the
use is initiated, or an extension is requested and approved.
2. Substantial Conformance - All improvements shall be in substantial conformance with approved Site
Plan for the bar and night club date stamped received April 9, 2008.
3. 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.
4. Grounds for Revocation — Pursuant to Zoning Code, Chapter 17.25, Article XIV (Revocation and
Modification Provisions), this Conditional Use Permit may be revoked upon finding any of the
following:
Planning Commission Staff Report
April 24, 2008
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Item No.: �✓
File No.:PL2008-004UP
a. The Conditional Use Permit was issued based on erroneous or misleading information,
misrepresentation or fraud.
b. One or more terms of the Conditional Use Permit has been violated.
c. The use or the facility under which the Conditional Use Permit was granted has been conducted or
maintained such that it is detriment to the public health, safety and welfare.
d. There has been a discontinuance of the exercise of the entitlement granted by the Conditional Use
Permit for 180 days.
5. Permits — The applicant shall obtain all necessary permits and clearances from the City of Rohnert Park
and/or other Agencies as required by law.
Public Safety (Police) Conditions
a. The applicant shall post a copy of this Resolution approving the Conditional Use Permit in a
visible location.
b. The sale of alcoholic beverages requires the issuance of an annual Alcoholic Beverages Sales
Permit from the City of Rohnert Park Department of Public Safety (707) 584-2600.
c. The serving of alcoholic beverages requires the issuance of an Alcoholic Beverages Permit from
the State of California Department of Alcoholic Beverages Control (707) 576-2165.
d. Within 60 days of hire, any employee who sells or serves alcoholic beverages shall be required to
complete a State of California certified program that meets the standards of the California
Coordinating Council on Responsible Beverage Service (CCC/RBS). The applicant shall ensure
that a file is maintained on the premises which contains the certificates of training completion for
each employee who is required to complete this program.
e. The applicant shall be required to submit notification to the City of Rohnert Park Department of
Public Safety, at least 10 days prior to an event, when 100 or more persons are expected to be in
attendance. At the Department's discretion, the applicant may be required to provide additional
security (at their expense) at a ratio of not more than 1 security officer for every 30 attendees. The
security details shall be approved by the Department of Public Safety.
f. No entertainment shall be permitted after 12:00 midnight unless prior arrangements have been
approved by the Department of Public Safety.
g. All entertainment shall be conducted entirely within the closed building. Furthermore,
entertainment is prohibited from being located outside the building. Adequate ventilation shall be
required in order to ensure that the doors are able to remain closed.
h. The applicant shall contact the Department of Public Safety immediately should there be any
indication of illegal or troublesome activity.
i. There shall be no more than one entertainment event or performance at any one time.
j. No more than 40% of the gross sales shall be attributed to the sales of alcoholic beverages. The
employer shall maintain a file on the premises which contains this information.
k. Upon completion of food service the applicant shall ensure that all remaining patrons are a
minimum age of 21 years.
Planning Conditions
1. The days and hours of operation for the convention center shall not extend beyond the following:
7 am to 2 am daily.
Planning Commission Staff Report
April 24, 2008
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Item No.:
File No.:PL2008-004UP
m. The permit shall meet the requirements of Zoning Code Section 17.12.030 (Noise Standards)
which requires that any use or activity shall adhere to the noise levels specified in the noise
standard table. The other requirements of Section 17.12.030 shall also apply.
n. All activities shall be conducted within the building.
6. Upon Submittal for Building Permit:
Building Conditions
a. The applicant shall include a request to change the occupancy of the building. The new area of
occupancy shall comply with the requirements of the 2007 California Building Standards Code.
The maximum occupancy rating for each assembly area shall be posted.
Public Safety (Fire) Conditions
b. The fire alarm system shall be reviewed and modified to the satisfaction of the Fire Marshall.
c. Modification of the fire sprinkler system may be required in order to meet the minimum standards
of the State Fire Code.
7. Prior to Final Sign -off for Building Occupancy:
a. The Building Official and Fire Marshall shall approve the final occupancy load for each of the
assembly areas.
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 24Th day of April, 2008, by the City of Rohnert
Park Planning Commission by the following vote:
Amy Ahanotu - Chairperson, Rohnert Park Planning Commission
Attest: W 14� Q��
11 Susan Azevedo, ording Secretary
1
AYES: NOES: ABSENT: ABSTAIN:
ADAMS: ✓ AHANOTU: ARMSTRONG: ✓ CALLINAN: / KILAT:
Planning Commission Staff Report
April 24, 2008
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