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2015/04/09 Planning Commission MinutesROHNERT PARK PLANNING COMMISSION MINUTES Thursday, April 9, 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 Chairperson Blanquie presiding. Call To Order Chairperson Blanquie called the meeting of the regular session to order at approximately 6:00 p.m. with Chairperson Blanquie leading the pledge. Roll Call Present: (4) Commissioners: Commissioner Blanquie, Commissioner Haydon, Commissioner Giudice and Commissioner Adams were present. Commissioner Borba was absent. Planner III, Jeff Beiswenger; Technical Advisor, Norm Weisbrod and Recording Secretary, Suzie Azevedo were present. Declaration of Due to conflict of interest, Commissioner Giudice declared abstention from Item Abstention 8.1. 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 Giudice, seconded by Commissioner Adams to approve the minutes of the January 22, 2015 meeting with the following corrections: Call to Order: Change to Chairperson Blanquie Acknowledgement of Public Noticing: Change to Chairperson Blanquie The motion passed with a 4-0 vote. (AYES: Adams, Blanquie, Giudice, Haydon); NOES: 0; ABSENT: Borba) Unscheduled Public Appearances Conditional Use Permit Commissioner Giudice stepped down from the dais. File No. PLUP2015-0001 Technical Advisor, Norm Weisbrod, presented the staff report. On June 12, 2014, the Planning Commission approved an Administrative Permit to allow a summer Morty Wiggins/Second concert series in an outdoor area of Sonoma Mountain Village. The Octave Talent Administrative Permit was forwarded to the Commission by Staff for a public hearing. A condition was attached to the Commission approval requiring the matter be brought back to the Commission after the 2014 concert series to review the following: • To evaluate any negative impacts and to see if additional conditions need to be considered to mitigate any impacts. Planning Commission Minutes April 9, 2015 Development Area Plan/University District Specific Plan File No. PLDP2015-0001 Kevin Pohlson/Brookfield Homes • If the Commission finds that there were no negative impacts from the concert series in 2014, the Commission may approve extending the concert series for the 2015 concert series. The applicant is requesting some changes to the concert series and has applied for a Conditional Use Permit for those changes and the extension for the 2015 concert series. The Conditional Use Permit will allow the continuation for the concert series into subsequent years with Planning Commission review. Mr. Weisbrod briefly reviewed the changes and additions to the concert series and recommended approval, subject to the conditions of approval. A brief discussion was held between staff and the Commission. Chairperson Blanquie opened the public hearing. The applicant, Morty Wiggins, was recognized and spoke to Commission on the success of the 2014 concert series and commented on the changes to the upcoming 2015 season. Mr. Wiggins responded to Commission questions. Richard Pope, Sonoma Mountain Village, also spoke to the Commission on the success of the first year and other upcoming events at Sonoma Mountain Village. A brief discussion was held. A motion was made by Commissioner Adams, seconded by Commissioner Haydon to adopt Resolution No. 2015-04 approving a Conditional Use Permit for outdoor music concerts at Sonoma Mountain Village, subject to the findings and conditions of approval. The motion passed with a 3-0 vote. (AYES: Adams, Blanquie, Haydon; NOES: 0; ABSTAIN: Giudice). Commissioner Giudice returned to the dais. Planning Consultant, Cathy Spence -Wells presented the staff report and provided a powerpoint presentation. In November 2014, the City Council approved the Development Area Plan I (DAPI) for the Vast Oak Land Development Phase I: Cypress, Mulberry, and Magnolia at University Park. At the November 2014 hearing, the applicant requested to submit DAP II, including the Rohnert Park Expressway landscaping and entry monument plans, bike trail and creek buffer vegetation plans, and detention basin plans, at a future date. Those submittals are now being presented for recommended approval by the Planning this evening. Ms. Spence -Wells outlined each of the areas noted above to be considered and offered specific details on each. A brief discussion was held between staff and the Commission. Chairperson Blanquie opened the public hearing. The applicant, Kevin Pohlson, representing Brookfield homes, was recognized and spoke briefly on the submitted Development Area Plan II for landscape improvements within the first phase of development. Chairperson Blanquie closed the public hearing. A brief discussion was held. The applicant acknowledged that reclaimed water 2 Planning Commission Minutes ApM 9, 2015 General Plan Consistency Finding File No. PLCF2015-0001 City of Rohnert Park Municipal Code Amendments PLZO2015-0001 City of Rohnert Park would be used in the medians. This was not included on the drawings but acknowledged for the record. A motion was made by Commissioner Adams, seconded by Commissioner Haydon to adopt Resolution No. 2015-06 recommending City Council approval of the Development Area Plan II for the University District Vast Oak Land Development Phase I: Hinebaugh Creek Class I Bike Trail, West Detention Basin, and Rohnert Park Expressway landscape/hardscape improvements. The motion passed with a 4-0 vote. (AYES: Adams, Blanquie, Giudice, Haydon; NOES: 0; ABSENT: Borba). Planner III, Jeff Beiswenger, presented the staff report. The Planning Commission is charged with the responsibility for ensuring that City projects and actions are consistent with goals and policies of the adopted General Plan. The Planning Commission is being requested to review the request by Sonoma Marin Area Rail Transit District (SMART) to construct a portion of the multi -use path (MUP) on City -owned property between East Cotati Avenue and Copeland Creek. As it travels through Rohnert Park, the majority of the path will be constructed within the SMART right-of-way immediately adjacent to the railroad tracks, but this segment can be constructed on city -owned property adjacent railroad right-of-way to allow for more community access to the trail and to provide a greater separation between the tracks and pedestrians and bicyclists that will be utilizing the trail. The MUP construction in this location has been analyzed for conformity with the General Plan and staff has determined that the project conforms. The relevant chapter and section are Chapter 4 (Transportation), Section 4.4 (Pedestrian and Bicycle Circulation) of General Plan 2020 (included as an attachment to this staff report). This section of the General Plan identifies a Class I pathway along the length of the railroad tracks and include several goals and policies that address the citywide bicycle system. The SMART - MUP is consistent with Figure 4.4-1 (Bicycle System) of General Plan 2020. The MUP is also consistent with the following General Plan Goals and Policies. A brief discussion was held. A motion was made by Commissioner, seconded by Commissioner Giudice, to adopt Planning Commission Resolution No. 2015-05 determining that the construction of the SMART, Multi -use Path between East Cotati Avenue and Copeland Creek on City -owned land is consistent with General Plan 2020. The motion passed with a 4-0 vote. (AYES: Adams, Blanquie, Giudice, Haydon; NOES: 0; ABSENT: Borba). Jeff Beiswenger presented the staff report. In connection with the construction of the Graton Resort and Casino, Rohnert Park has undertaken to study and amend City codes to address impacts that may arise with certain land uses/businesses that choose to locate within the community. City staff has been working to research the issues related to these matters and to prepare draft code language to bring before the Planning Commission and City Council. On July 23, 2013 the City Council approved a temporary moratorium on new permits for the following uses pending compietion of this work: adult 3 Planning Commission Minutes April 9, 2015 entertainment businesses, check cashing/payday loan businesses, pawn shops, cyber cafes, and electronic message boards, and on August 27, 2013 an extension of these moratoria was approved. On August 27, 2013, a temporary moratorium was approved for non -certified massage establishments, and an extension of this moratorium was approved on September 24, 2013. Two moratorium items require significant new/revised code language: • Adult Businesses: Adult businesses are protected under the First Amendment of the Unites States and California Constitutions. It is not within the purview of a local jurisdiction to ban these businesses entirely. The proposed chapters provide for the establishment of an adult business permit, adult business performer license, and regulation of the operations of and locational criteria for adult businesses. Adult businesses, which previously were restricted to the Regional Commercial (C-R) zone with required separation from sensitive uses, would henceforth be restricted to the Industrial (IL) zone, with a required separation from sensitive uses. • Massage Businesses and Massage Providers: State law regarding massage and its practice has changed significantly in recent years. Under current law, local governments have regulatory control over most aspects of the business of providing massage through land use and business licensing requirements, while the practice of massage therapy in terms of education, training, and certification continues to be primarily governed by the California Massage Therapy Council (CAMTC), a State -created nonprofit organization. The proposed chapter provides land use and operational requirements on massage establishments within the City, including requiring massage providers be certified by the State, and that massage businesses obtain a business license and comply with various facility requirements (e.g., lighting, storage and disposal of linens and towels) and operational requirements (e.g., sanitary and hygiene, restrictions on the use of locked doors). In the course of study of the land uses and related issues, it was determined that only minor changes were necessary to address the following: Pawn Shops Payday Loan establishments Car Title Loan establishments Certain moratorium items were deemed not to require further action, as follows: Electronic Message Boards Cyber -cafes Card Rooms Mr. Beiswenger and the City's Planning Consultant, George Osner, provided greater detail on the specifics regarding the proposed new chapters/amendments/deletions to the Municipal Code as noted above. A lengthy discussion was held. Commission concern arose regarding land uses, particularly adult entertainment/massage and close proximity to other uses in a designated zoning district, more specifically the "Industrial" district, that currently 4 Planning Commission Minutes Aoril 9, 2015 �I I V Chairperson ecreta or will in the future exist, i.e. churches/school. Also, it was stated that there was not enough information and/or time to fully consider the amendments and background information provided. A motion was made by Commissioner Adams, seconded by Commissioner Haydon to adopt Resolution No. 2015-07, recommending approval to the City Council of the proposed amendments to the Municipal Code including new Chapters 8.36, 8.37, 8.38, and 8.39, deletion of Chapter 9.80, and amendments to Chapters 17.04, 17.06, and 17.07. The motion passed with a 3-0-1 vote. (AYES: Adams, Blanquie, Haydon; NOES: Giudice; (ABSENT: Borba). Items from the Planning Commissioner Haydon spoke about attending the New Partners for Smart Commission Conference in Baltimore in January. Matters from Planning None. Staff Adjournment There being no further business, Chairperson Blanquie adjourned the meeting at 7:50 p.m. �I I V Chairperson ecreta