Loading...
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