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2015/01/22 Planning Commission Minutesr1q ROHNERT PARK PLANNING COMMISSION MINUTES Thursday, January 22, 2015 The Planning Commission of the City of Rohnert Park met this date in a regular session commencing at 6:00 p.m. in the City Hall Council Chambers, 130 Avram Avenue, with Vice -Chairperson Blanquie presiding. Call To Order Vice -Chairperson Blanquie called the meeting of the regular session to order at approximately 6:00 p.m. with Vice -Chairperson Blanquie leading the pledge. Roll Call Present: (5) Commissioners: Commissioner Blanquie, Commissioner Haydon, Commissioner Borba and Commissioner Adams were present. Commissioner Giudice was absent. Development Services Director, Marilyn Ponton, Technical Advisor, Norm Weisbrod and Recording Secretary, Suzie Azevedo were present. Election of Officers A motion was made by Commissioner Adams, seconded by Commissioner Haydon nominating Commissioner Blanquie to serve as Chairperson and Commissioner Borba to serve as Vice -Chairperson. The motion passed with a 4- 0 vote. (AYES: Adams, Blanquie, Borba, Haydon; NOES: 0; ABSENT: Giudice) Declaration of None. Abstention Acknowledgement of Chairperson Blanquie acknowledged the posting of the Agenda of this meeting in Public Noticing three (3) public places, per the requirements of the Brown Act. Approval of Minutes A motion was made by Commissioner Borba, seconded by Commissioner Haydon to approve the minutes of the January 8, 2015 meeting as presented. The motion passed with a 4-0 vote. (AYES: Adams, Blanquie, Borba, Haydon; NOES: 0; ABSENT: Giudice) A motion was made by Commissioner Borba, seconded by Commissioner Haydon to approve the minutes of the November 13, 2014 meeting as presented. The motion passed with a 4-0 vote. (AYES: Adams, Blanquie, Borba, Haydon; NOES: 0; ABSENT: Giudice) Unscheduled Public Appearances Conditional Use Permit (Continued from the January 8, 2015 meeting) Technical Advisor Norm Weisbrod presented the staff report. The subject property is the former location of Levitz File No. PLUP2014-0007 Furniture that closed several years ago. Mr. Weisbrod reported that since then the property has been occupied by a variety of marginal uses. The current Mark proposal is a retail store that sells sporting goods including firearms and Cunningham/Tiffany ammunition, hunting, fishing, camping footware and clothing. Manor Footnote J of the Zoning Ordinance regulates firearm dealers and the sale of Planning Commission Minutes January 22, 2015 ammunition as follows: 1. Floor Area Devoted to the Sale of Firearms and Ammunition If more than five (5) percent of the floor area of a business is devoted to the sale and storage of firearms and ammunition a Conditional Use permit is required. In the applicant's business approximately 7.7 percent of the floor area is devoted to the sale and storage of firearms and ammunition and they have therefore applied for conditional use approval. 2. Distance between Area devoted to the Sale of Firearms and Ammunition and the Sale of Alcoholic Beverages The sale of firearms and ammunition is not permitted if the location of the sales and storage is within 250 feet of any business engaged in whole or in part in the retail sale of any alcoholic beverage whether for onsite or off-site consumption, message establishments or a business engaging in an adult entertainment business. There is no business selling alcoholic beverages, a massage establishment or adult entertainment business within 250 feet of the applicant's business. Mr. Weisbrod reviewed the operational and site plan and architectural details of the proposed retail use and noted that the tenant is a major retailer of outdoor sporting goods including guns and ammunition and at this time do not want to reveal the name of the business. Based on the analysis and findings of his report and the attached resolution, Mr. Weisbrod recommended that the Planning Commission, by motion, adopt Resolution No. 2015-01 approving Conditional Use and Site Plan and Architectural Review to allow an outdoor sporting goods retailer with guns and ammunition occupying more than five percent of retail sales floor area, as conditioned. Discussion was held between staff and the Commission. The Commission was concerned as to the "secrecy" of the business name/retailer coming before the Commission to receive approval. The primary concern was one of transparency and wanting full disclosure to the public. Chairperson Blanquie, opened the public hearing. Mark Cunningham, owner of the property, was recognized and spoke to the proposal for the sporting goods retailer. The Commission questioned Mr. Cunningham as to "who" the retailer was. Mr. Cunningham introduced the architect, Glen Anderson who responded to Commission questions. Mr. Anderson indicated that it was corporate policy not to divulge the name at this stage due to competitive market. Discussion continued regarding the Commission's concerns regarding the public's right to full disclosure and transparency. Following this discussion, Mr. Anderson indicated that the retailer is Sportsman's Warehouse. Commissioner Blanquie closed the public hearing. A motion was made by Commissioner Adams, seconded by Commissioner Borba to adopt Resolution No. 2015-01 approving Conditional Use and Site Plan and Architectural Review to allow an outdoor sporting goods retailer with guns and ammunition occupying more than five percent of retail sales floor area, as conditioned. The motion passed with a 4-0 vote. (AYES: Adams, Blanquie, 2 Planning Commission Minutes January 22, 2015 Condition Modification File No. PLSR2014-0011 Mark Marvelli/SKW Architects Sign Review File No. PLSR2014-0023 Mike Rathbun/Superior Electrial Advertising Borba, Haydon; NOES: 0; ABSENT: Giudice) Due to a prior commitment, Commissioner Borba left the meeting at 7:05. Norm Weisbrod presented the staff report. On November 13, 2014, the Planning Commission adopted Resolution No. 2014-54 approving a Site Plan and Architectural Review application for the exterior remodel of the Raley's Market in the Raley's Towne Center shopping center. Condition 7 of the resolution read as follows: • There shall be no vending machines or propane tank exchange enclosures located outside the building. The applicant, Mark Marvelli of SKW Architects is appealing the approval to remove condition number 7. Mr. Weisbrod noted that Raley's market currently has three (3) vending machines on the exterior of the building including a soda vending machine, a propane enclosure and a water vending machine. They plan to reduce that to two (2) machines for propane tank exchange and the water vending machine. They will no longer have the soda vending machine. The propane machine is not a vending machine. It is a metal cage that encloses the propane tanks. The customer enters the store and pays for the filled propane tank. They bring their empty tank to the wire tank enclosure and a store employee opens the enclosure and gives the customer a filled tank and takes the customer's empty tank and places it in the enclosure. Because of propane's combustible nature the enclosure or tanks cannot be located within the market building. The water vending machine does not dispense water bottles to the customer. The customer brings their own empty bottle and the machine fills it with water for a fee. Based on the analysis and findings of this report and the attached resolution, Mr. Weisbrod recommended that the Planning Commission, by motion, adopt Resolution No. 2015-02 approving Site Plan and Architectural Review for Raley's Market, subject to the findings and conditions of approval. A brief discussion was held. A motion was made by Commissioner Adams, seconded by Commissioner Haydon to adopt Resolution No. 2015-02 approving Site Plan and Architectural Review for Raley's Market, subject to the findings and conditions of approval. The motion passed with a 3-0 vote. (AYES: Adams, Blanquie, Haydon; NOES: 0; ABSENT: Borba, Giudice) Norm Weisbrod presented the staff report. The Wilfred/Dowdell Specific Plan requires a Master Sign Program for all new developments (Page 43 Section 5.6.1). Amy's Kitchen has therefore applied for a Master Sign Program for the new restaurant currently under construction. Mr. Weisbrod presented a brief overview of the Master Sign Program submitted. Mike Rathbun of Superior Electrical was recognized and responded to Commission questions. 3 Planning Commission Minutes January 22, 2015 Rohner Park l:anrdng Commission Secretary A motion was made by Commissioner Haydon, seconded by Commissioner Adams to adopt Resolution No. 2015-03 approving a Master Sign Program for Amy's Kitchen, subject to Conditions of Approval. The motion passed with a 3-0 vote. (AYES: Adams, Blanquie, Haydon; NOES: 0; ABSENT: Borba, Giudice) Items from the Planning None. Commission Matters from Planning None. Staff Adjournment There being no further business, Chairperson Blanquie adjourned the meeting at 7:40 p.m. Rohner Park l:anrdng Commission Secretary