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2009/03/12 Planning Commission MinutesROHNERT PARK PLANNING COMMISSION MINUTES THURSDAY, March 12, 2009 The Planning Commission of the City of Rohnert Park met this date in a regular session commencing at 7:00 p.m. in the City Council Conference Room, 130 Avram Avenue., with Chairperson Borba presiding. Call To Order Chairperson Borba called the meeting of the regular session to order at approximately 7:00 p.m. with Chairperson Borba leading the pledge. Roll Call Present (4) Commissioners: Chairperson Borba, Vice Chairperson Nordin, Commissioner Armstrong and Commissioner Nilson were present. Commissioner Ahanotu was excused. Senior Planner, Maureen Rich and Recording Clerk, Suzie Azevedo were present. Acknowledgement of Chairperson Borba acknowledged the posting of the Agenda of this meeting in Public Noticing three (3) public places, per the requirements of the Brown Act. Unscheduled None. Public Appearances Approval of Minutes Upon motion by Commissioner Nordin, seconded by Commissioner Nilson, the minutes of February 12, 2009 were approved as presented by a 4-0 vote. Tentative Map Senior Planner, Maureen Rich, presented the staff report. She stated that the request is for approval of a Tentative Map and Condominium conversion of an File No. PL2008-029TSM existing building containing 10,450 square feet into eight (8) airspace condominium units coupled with an interest in a common area. The project site is Michael Jones/Arlo approximately 0.63 acres and is located at 572 Martin Avenue. Ms. Rich gave a Miller brief summary of existing conditions and provided the Commission with an overview of the Subdivision Map Act that governs condominium conversions. Ms. Rich also provided the Commission an outline showing compliance to the Subdivision Map Act, development standards as codified in the Rohnert Park Municipal Code and provisions of the California Government and Civil Codes that apply to this type of application. Ms. Rich stated that based on the finding of her report, staff is recommending that the Planning Commission recommend to the City Council approval of the Tentative Map and Condominium Conversion. Ms. Rich responded to initial comments and questions from the Commission. Mike Jones, representative for the 572 and 566 Martin Avenue tentative map applications and Carl Leimer, owner of 572 Martin Avenue, were recognized and responded to Commission questions. Planning Commission Minutes March 12, 2009 Tentative Map File No PL 2008-030TSM Michael Jones/Carl Leimer Use Permit File No. PL2009-003UP Glenn OlsonGateway Christian Church and comments included but were not limited to: • Are current tenants given first option to purchase — Yes. • Separate Water meter for each unit? — Standard practice is to allow only 1 meter — New construction allows separate meters. • Is plan committed to eight units? — Depends on need and request from potential buyers; could be lower. After further discussion, a motion was made by Commission Nordin, seconded by Commissioner Armstrong approving Resolution No. 2009-5, recommending the approval of a Tentative Map and Condominium Conversion to the City Council for property located at 572 Martin Avenue. The motion passed with a 4-0 vote. Senior Planner, Maureen Rich, presented the staff report. She stated that the request is for approval of a Tentative Map and Condominium conversion of an existing building containing 10,450 square feet into eight (8) airspace condominium units coupled with an interest in a common area. The project site is approximately 0.6 acres and is located at 566 Martin Avenue. Ms. Rich gave a brief summary of existing conditions and provided the Commission with an overview of the Subdivision Map Act that governs condominium conversions. Ms. Rich also provided the Commission an outline showing compliance to the Subdivision Map Act, development standards as codified in the Rohnert Park Municipal Code and provisions of the California Government and Civil Codes that apply to this type of application. Ms. Rich stated that based on the findings, staff is recommending that the Planning Commission recommend to the City Council approval of the Tentative Map and Condominium Conversion. A brief discussion was held between the Commission and staff. A motion was made by Commissioner Nordin, seconded by Commissioner Nilson approving Resolution No. 2009-6, recommending the approval of a Tentative Map and Condominium conversion to the City Council for property located at 66 Martin Avenue. The motion passed with a 4-0 vote. Senior Planner, Maureen Rich reviewed the contents of the stats report. f he request is for a Conditional Use Permit to allow a church facility in an existing light industrial tenant space located at 311 Professional Center Drive. Ms. Rich briefly reviewed current conditions and provided the Commission with a summary of the church's operation and activities. Based on the findings and compliance with standards as codified in the Rohnert Park Zoning Ordinance, Ms. Rich recommended that the Planning Commission adopt Resolution No. 2009-10, Use Permit to allow the operation of a church in an existing light industrial tenant space located at 311 Professional Center Drive, as conditioned. Chairperson Borba opened the public hearing. Representatives of Gateway Christian Church were recognized. Chairperson Borba closed the public hearing. Following a brief discussion, a motion was made by Commissioner Nordin, seconded by Commissioner Nilson to adopt Resolution No. 2009-10, approving a Conditional Use Permit to allow a church facility in an existing Light Industrial Planning Commission Minutes March 12, 2009 Use Permit File No. PL2009-004UP John Arcovio/Spirit Led Worship Center Municipal Code Amendments File No. PL2008-26MC City of Rohnert Park tenant space located at 311 Pr motion passed with a 4-0 vote. r Drive, as conditioned. I he Maureen Rich reviewed the contents of the staff report. She stated that the request is for a Conditional Use Permit to allow a church facility in an existing industrial tenant space located at 5428 State Farm Drive. Ms. Rich gave a brief summary of current conditions and surrounding uses and provided the Commission with an overview of the proposed church operation. Based on the findings and compliance with standards as codified in the Rohnert Park Zoning Ordinance, Ms. Rich recommended that the Planning Commission adopt Resolution No. 2009-11, Use Permit to allow the operation of a church facility in an industrial tenant space located at 5428 State Farm Drive, as conditioned. A brief discussion was held between the Commission and staff. Chairperson Borba opened the public hearing. John Arcovio, Spirit Led Worship Center, was recognized and responded to Commission comments and questions. Chairperson Borba closed the public hearing. A motion was made by Commissioner Nordin, seconded by Commissioner Nilson a Conditional Use Permit to allow a church facility in an existing industrial tenant space located at 548 State Farm Dr., as conditioned. The motion passed with a 4-0 vote. Maureen Rich presented the staff report. She updated the Commission on the events to date that prompted the City Council to initiate discussion and possible amendments to the Municipal Code regarding the use of tobacco. Ms. Rich provided the commission with a comparison survey summarizing differences between state anti-smoking laws and the City's Use of Tobacco in Public Places Ordinance and presented an overview of a proposed new chapter, Chapter 8.33 (Prohibition of Head Shops, Hookah Bars, Tobacco Vending Machines, and Self Service Displays. She further defined key differences and offered suggested amendments for the Commission's review and consideration with special emphasis in the areas of Outdoor Air, Indoor Air, Smoke Free Multi Unit Housing and Smoke Free Retail. Ms. Rich concluded her report by recommending that the Planning Commission adopt Planning Commission Resolution No. 2009-09, recommending to the City Council amendments to Municipal Code Chapter 8.32 (Use of Tobacco in Public Places); Sections 17.06.060 (Permitted Uses) and addition a new Chapter 8.33 (Prohibition of Head Shops, Hookah Bars, Tobacco Vending Machines and Self Service Displays), as drafted. Ms. Rich responded to Commission comments and questions. Chairperson Borba opened the public hearing and the floor for audience participation in the discussion. The following persons contributed to the discussions and spoke in favor of secondhand smoke protections: Pam Grainer, American Lung Association Debbie Prusinovski, 8860 Aguirre Way, Cotati, CA Karen Morris, American Lunq Association Planning Commission Minutes March 12. 2009 • Carrie Androtti, County Health Department Key areas of discussion included: State vs. proposed amendments/additions — Will city be in line with State? Yes and will exceed given multifamily restrictions. Discussion ensued with regard to residential lease agreements and disclosure statements that show and depict smoking and non smoking units and common areas. How is this enforced? Not defined but can be handled by neighborhood preservation; private party can file civil suit. Multi Housing restrictions important for seniors; state law is limited. Indoor Air — Hotel/motels, warehouse uses; break rooms. Playground/tot lots — 25ft restriction. Definitions — clarifications, additions, deletions. Chairperson Barba closed the public hearing. Further discussion was held by the Commission and staff. A motion was made by Commission Nordin, seconded by Commissioner Armstrong to adopt Resolution No. 2009-09, recommending to the City Council amendments to Municipal code Chapter 8.32 and addition of 8.33 (Prohibition of Head Shops, Hookah Bars, Tobacco Vending Machines and Self Service Displays) as modified. The motion passed with a 4-0 vote. Matters from None. Commissioners Matters from Planning Ms. Rich reported on the following items: staff Next meeting (3125/09) — Sonoma Mountain Village update; Denial of corridor studies. Adjournment There being no further business, Chairperson Borba adjourned the meeting at 8:50 pm until Thursday, March 25, 2009. io .ChailRejrsoA ng 4