2009/06/25 Planning Commission MinutesMIATTES
THURSDAY, 1
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 Hall Council Chambers, 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, Commissioner Armstrong,
Commissioner Ahanotu and Commissioner Nilson were present. Vice -
Chairperson Nordin was excused.
Community Development Director, Ron Bendorff 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 Armstrong, seconded by Commissioner Ahanotu,
the minutes of May 28, 2009 were approved as presented by a 4-0 vote.
Use Permit
Community Development Assistant, Suzie Azevedo, presented the staff report.
She stated that the applicant, Tracy Arnbrister, possesses a license from the
File No. PL2009-012UP
State of California to provide day care for up to 8 children. She has since applied
to increase the capacity of her facility to serve up to fourteen (14) children (see
TracyArnbrister/Ten
attached copy of existing license.) State Law exempts small family day care
Tiny Toes Childcare
operations (i.e. those serving up to eight (8) children) from local zoning
regulations, however, it does allow cities to regulate large family operations
providing care to up to fourteen (14) children. Given the site's Low Density
Residential District (R -L) designation, a use permit is required to allow the
proposed increase to serve 9 or more children. Ms. Azevedo reviewed the
findings necessary to be made for approval and provided the Commission with
conditions appropriate. Ms. Azevedo recommended approval of the application,
as conditioned.
Chairperson Borba opened the public hearing.
The applicant, Tray Arnbrister, was recognized and responded to Commission
questions and comments.
Chairperson Borba closed the public hearing.
A motion was made by Commissioner Armstrong, seconded by Commissioner
Planning Commission Minutes
File No. PL2009-0ISUP
Neil Hyler/Complete
Welders Supply
Ahanotu to adopt Planning Commission Resolution No. ZUU9-1b, approving File
No. PL2009-012UP, as conditioned. The motion passed with a 4-0 vote.
Commissioner Nordin was excused.
Community Development Director, Ron 13endortt presented the staff report. He
stated that the proposed site is located at 5200 Commerce Boulevard and is
zoned Industrial (I -L). It previously was home to "Ultimate Water Sports". The
applicant, Neil Hyler, has reoccupied the site with a welding supply business
(Complete Welding Supply Co.) and proposes to install a propane and nitrogen
dispensing operation on a portion of the site. The operation would consist of one
(1) 499 -gallon propane tank used to refill smaller propane containers, such as
those which power backyard barbecues and recreational vehicle appliances. A
850 gallon Nitrogen tank will be installed for the purpose of filling cylinders for
customers such as doctors, dentists, veterinary offices and wineries. Mr. Bendorff
noted that Chapter 17.07 (K) Hazardous Materials, defines this activity/use as
"bulk storage and/or distribution" and requires a use permit to allow this activity in
the Industrial (I -L) zoning district.
Mr. Bendorff reviewed the findings that are required to be met based on the city's
Zoning Ordinance and stated that staff has generally found that the proposal
would be in compliance with the zoning requirements related to a use that
involves the storage and distribution of these specific hazardous materials. Mr.
Bendorff presented the appropriate conditions that should apply and
recommended approval of the application, as conditioned.
Chairperson Borba, opened the public hearing.
Neil Hyler of Complete Welders Supply was present and responded to
Commission questions and comments.
A brief discussion was held by the Commission and staff.
Chairperson Borba closed the public hearing.
A motion was made by Commissioner Nilson, seconded by Commissioner
Armstrong to adopt Planning Commission Resolution No. 2009-17, approving File
No. PL2009-015UP, as conditioned. The motion passed with a 4-0 vote.
Commissioner Nordin was excused.
Use Permit Ron Bendorff discussed the contents of the staff report. He stated that the site is
located at the eastern terminus of City Center Drive, immediately east of the
File No. PL2009-011UP developing City Center Plaza. It is developed with the DPS Station One building,
which functions as the "headquarters" for DPS. In 1999, the Planning Director
Rachel Fenton/NSA approved an application by Pacific Bell Wireless to place telecommunications
Wireless, Inc./T-Mobile equipment atop the building (Planning File 1809) and the equipment was
subsequently installed and is currently in operation. That approval was granted
for a period of five (5) years after building permit issuance, with an extension by
the Planning Director allowed after that period. An extension was subsequently
approved and is set to expire on July 15, 2009, which is also the date that the
existing lease between the City and Pacific Bell Wireless expires. The applicant
represents T -Mobile, which is the current operator of the facility, and has
requested that the use permit aqain be extended (see attached letter dated Mav
Commission Minutes
June
Matters
Matters from Planning
staff
27, 2009). T -Mobile has also requested that the lease agreement be extended
for an additional five (5) years.
Mr. Bendorff noted that the facility has been in operation since 2000 and has not
appeared to have had a negative effect on the public health, safety, or welfare; or
has been materially injurious to properties or improvements in the vicinity and is
in compliance with all applicable standards, as well as those of other affected
agencies (e.g. the Federal Communications Commission). Mr. Bendorff
recommended that the Planning Commission adopt resolution of approval
allowing the continued operation of this facility with the approval in force and
effect for a period of five (5) years from the approval date. The approval shall
expire at the end of that period, unless an application for extension is submitted
and approved.
Mr. Bendorff also noted that the applicant was present and wished to address the
commission to possibly amend conditions regarding expiration dates and
extensions.
Chairperson Borba opened the public hearing.
Rachel Fenton, NSA Wireless Inc. was recognized and addressed the
Commission. It is the applicants desire to eliminate the periodic review provision
on the use permit. Discussion was held between staff, the Commission and the
applicant regarding the need and applicability of this condition.
Chairperson Borba closed the public hearing.
Further discussion was held.
A motion was made by Commissioner Ahanotu to allow the continued operation
of an existing telecommunications facility on property located at 500 City Center
Drive, as conditioned. The motion failed due to a lack of a second.
A motion was made by Commissioner Armstrong, seconded by Commissioner
Nilson to allow the continued operation of an existing telecommunications facility
on property located at 500 City Center Drive and amending Resolution No. 2009-
16 to eliminate Condition (1.) Expiration of Approval. The motion passed with a
3-1 vote. (AYES: Armstrong, Nilson, Borba; NOES: Ahanotu)
1i6PiL-�
idorff reported on the following items:
Next meeting: July 9, 2009 meeting cancelled.
July 23, 2009 meeting — Southeast Specific Plan Recirculated Draft EIR
Comment session
General Plan Update Committee meting
City Center Plaza opening event — July 25, 2009
Adjournment There being no further business, Chairperson Borba
7:40 pm until Thursday, July 23, 2009.
at
Planning Commission Minutes