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2019/07/11 Planning Commission Resolution PLANNING COMMISSION RESOLUTION NO. 2019-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK CONDITIONALLY APPROVING FILE NO. PLUP19-0005: USE PERMIT TO ESTABLISH A BILLIARDS HALL AND CAFE IN A MIXED USE, MULTI-TENANT BUILDING LOCATED AT 227 SOUTHWEST BOULEVARD (Chris Rockwell/Money Shot Billiards, LLC) WHEREAS, the applicant, Chris Rockwell/Money Shot Billiards filed Planning Application No. PLUP19-0005 for approval of a Conditional Use Permit to operate a billiards hall and cafe located at 227 Southwest Boulevard (APN 143-150-058), in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PLUP19-0005 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 10 days prior to the first public hearing in the Community Voice; WHEREAS, on July 11, 2019, the Planning Commission reviewed Planning Application No. PLUP19-0005 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 11, 2019 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. PLUP19-0005. 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. PLUP19-0005 makes the following findings, to wit; 1. That the proposed location of the conditional use is in accord with the objectives of the City of Rohnert Park Zoning Ordinance and the purposes of the district in which the site is located. Criteria Satisfied: The applicant, Chris Rockwell, is proposing to establish a billiards hall and cafe, known as The Money Shot, in an existing “M-U” Mixed Use multi-tenant building (Exhibit A). A billiards parlor is listed as a conditionally permitted use in the “M-U” Mixed Use district. Conditions of approval have been added to ensure that the 2 Reso 2019-23 conditional use is in accord with the objectives of the City of Rohnert Park Zoning Ordinance and all department wide requirements and policy restrictions. 2. That the proposed location of the conditional use and the conditions under which it is operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Criteria Satisfied: As discussed in the Project Analysis, the project, as conditioned, 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 shall be required to secure the necessary permits from the County Alcohol Beverage Control and City Building and Public Safety Departments to allow the operation. In addition, conditions will be imposed by the use permit that should mitigate any concerns related to the facility with regard to building, fire and life safety as well as any nuisance conditions that may arise given the specifics of this type of use. 3. That the proposed conditional use will comply with each of the applicable provisions of Title 17 of the City of Rohnert Park Municipal Code. Criteria Satisfied: As discussed, the project will comply with all applicable Zoning Ordinance standards. A violation of a condition of approval of or a provision of Title 17, Zoning may cause a conditional use permit to be revoked or modified as set forth in Chapter 17.25 of the Rohnert Park Municipal Code. The applicant has duly been notified of this provision. 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). NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PLUP19-0005 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 the operation commences or an extension of the use permit is applied for 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, including the Alcohol Beverage Control, the Rohnert Park Building and Public Safety Departments. 3. The exterior areas of the premises and adjoining parking lots shall be illuminated in a manner that provides lighting sufficient to illuminate and make easily discernable the appearance of all persons on or about the premises while not disturbing surrounding residential and commercial areas. 4. Litter and trash receptacles shall be placed at accessible locations both within and outside the establishment and that are emptied on a daily basis. 5. Fixtures or furnishings that encourage loitering and nuisance behavior is prohibited.