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2009/08/27 Planning Commission MinutesROHNERT PARK PLANNING COMMISSION MINUTES THURSDAY, August 27, 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 Hall Council Chambers, 130 Avram Avenue, with Chairperson Borba presiding. Call To Order Roll Call Acknowledgement of Public Noticing Unscheduled Public Appearances USE PERMIT File No. PL2009.022UP Ro bert llll oo rel Robert Moore Architect Approval of Minutes Upon motion by Commissioner Armstrong, seconded by Commissioner Ahanotu, the minutes of the July 23, 2009 were approved as presented. Chairperson Borba called the meeting of the regular session to order at approximately 7:00 p.m. with Chairperson Borba leading the pledge. Present (5) Commissioners: Chairperson Borba, Commissioner Nordin, commissioner Armstrong, commissioner Ahanotu and commissioner Nilson were present. community Development Director, Ron Bendorff, senior Planner, Maureen Rich and Recording Clerk, Suzie Azevedo were present. Chairperson Borba acknowledged the posting of the Agenda of this meeting in three (3) public places, per the requirements of the Brown Act. None. Senior Planner, Maureen Rich presented the staff report. She stated that the applicant, Robert Moore/Robert Moore Architect, requests a use permit to allow the operation of an auto body repair and paint shop within an existing lndustrial tenant space. Ms. Rich provide background information related to the site and gave a brief overview on the operational activities of the proposed auto body shop including hours of operation, interior work space and minor changes to the exterior of the existing store front. She also noted that per Section 17.07.020 of the Rohnert Park Municipal Code, all activities and operations are to take place entirely within the building, that the site be kept in a neat and orderly condition at all times, and that the storage of parts and operable vehicles be restricted to the interior of the building. Ms. Rich noted that these requirements have been made conditions of the auto body shop approval. Ms. Rich recommended that the Commission approve File No. PL 2009-022UP as conditioned. Several Commissioners commented on the auto body operation relating to the storage of hazardous materials (i.e. paints, motor fluids etc.). Staff noted that a condition of approval has been added to ensure that all hazardous materials be stored property as per the Uniform Fire Code and any waste is transported off-site by an approved recycle/disposal service. the Planning Commission Minutes ust 27, 2009 Use Permit File No. PL2009-24UP Jeff Englehart, Cagwin & Dorward There being no further comment, Chairperson Borba closed the public hearing. A motion was made by Commissioner Nilson, seconded by Commissioner Armstrong to adopt Planning Commission Resolution No. 2009-23, approving file No. PL2009-022UP, as conditioned. The motion passed with a 5-0 vote. Community Development Director, Ron Bendorff, provided the staff report. He stated that the proposal involves the operation of a contractors'equipment storage/satellite yard with associated office use. Mr. Bendorff provided the Commission with background information related to previous uses at the site and the activities for the contractors' storage yard facility. He noted that while the scope is limited in nature, the Rohnert Park Municipal Code provides and outlines necessary requirements with regard to fencing, trash enclosures and site conditions that must be met allow the "storage yard" use at this location and that conditions of approval have been added to assure compliance with all applicable provisions of this title. Mr. Bendorff reviewed the submitted operational activities and conditions of approval and recommended approval of File No. PL2009-24UP. Commission concerns and questions inòluded the following: o Surface gravel - sufficient enough to handle heavy equipment, debris boxes etc? Rick Pedroncelli, Senior Engineering Technician was recognízed and responded to Commission concerns. Mr. Pedroncelli indicated that current site conditions were appropriate and sufficient for the contractors storage yard use.o Fencing - visual appearance of equipmenUdebris boxes etc. Mr. Bendorff responded that a condition of approval has been added to install "slats" to the existing fencing to screen the storage area from public view.o Storm drain - Will the city monitor the storage yard operation to safeguard against substances entering into the storm drain outlet. Mr. Bendorff responded that a condition of approval has been included requiring the applicant to provide necessary and proper containment of all hazardous materials when stored on site and further the use permit can be brought back before the Commission should a problem arise in this regard. Chairperson Borba opened the public hearing. Jeff Englehart, Cagwin & Dorward was recognized and responded to Commission questions and concerns. Mr. Englehart indicated that a catch basin will be installed on the southeast corner of the property that will be used for the contractor's storage facility operations. The location of this outlet is on the opposite end of the property and will ensure that activity is kept far from the existing storm drain outlet. Additionally, all materials will be kept in a secure, enclosed facility. chairperson Borba closed the public hearing. Further discussión was held. A motion was made by commissioner by Nordin, seconded by commissioner Armstrong approving File No. PL2O09-24UP, as conditioned. The motion passed with a 5-0 vote. Planning Gommission Minutes 27,2009 Use Permit File No. PL2009'021UP Paul Deppe- ArmeADavislNewlove Ron Bendorff presented the staff report. The applicant, Paul Deppe- ArmeUDavis/Newlove, requests a use permit to allow the operation of a fast food restaurant (El Pollo Loco) with a commercial building that is currently under construction. Mr. Bendorff reported that on June 8, 2005, the Planning Commission approved site plan and architectural review for two commercial buildings on the property identified as 5195 Redwood Dr. along with a use permit for a drive-through facility at the south building. The south building was originally intended to be a "Starbucks" coffee shop that would utilize the drive-through lane, however a new tenant, El Pollo Loco, has been proposed for this building. Mr. Bendorff noted that given that the replacement tenant is considered a "fast food restaurant" (whereas Starbucks was considered a "coffee house" and more of a retail use), a use permit to allow the new tenant is required. Mr. Bendorff reviewed the project specifics as identified in the staff report and recommended approval of the use permit, as conditioned. The commission brought up for discussion the city's "drive through" policy. Mr. Bendorff reviewed the city's current position on drive through restaurants and stated that given the site's C-R Regional Commercialzoning, approval of a conditional use permit would allow the operation of a fast food restaurant at this location. The City restricts "drive throughs" to the Regional Commercial district only. Chairperson Borba opened the public hearing. There being no comment, Chairperson Borba closed the public hearing. A brief discussion was held between staff and the Commission A motion was made by Commissioner Armstrong, seconded by Commissioner Nordin to approve File No. PL2009-021UP, as conditioned. The motion passed with a 5-0 vote. Community Development Director, Ron Bendorff, gave the staff report. He reported that ln 2002, the Planning Commission and City Council approved an independent senior living and wellness campus near the northeasterly corner of Rohnert Park Expressway and Snyder Lane know as Oak View Senior Living. The property lease agreement between the applicant and the City required both parties to enter into a Development Agreement that shall provide specific requirements about the facilities to be constructed by the applicant, the time frame in which construction is to be completed and to delineate the responsibilities of the applicant and city with respect to completion of the Campus project. ln response the applicanVdeveloper prepared two DAs: one for the first phase and the other for the subsequent phase(s) of the developments. Mr. Bendorff further reported that Section 17.21.050 of the Municipal code requires that each DA be reviewed at least once every twelve months, and the review period shall be specified in the agreement. Section V.F.1 of the development agreements specifies that "good faith compliance" with the terms of the DA by developer shall be reviewed by the Planning Commission at the regularly scheduled Planning Commission meeting next following each annual anniversary of the effective date. Mr. Bendorff reviewed the terms of the agreements and noted that the developer is in good faith compliance with all of the terms and conditions set forth and recommended that the Planning Commission accept and file this report, thereby acknowledging compliance with the development agreements executed. Planning Commission Minutes 27,2009 Matters from Commissioners Matters from Planning Sfaff Adjournment A brief discussion was held between staff and the Commission. The consensus of the Commission: accept and file the report as presented. Commission Ahanotu reported on the latest Subdivision Review Committee meeting. Mr. Bendorff introduced Alicia Giudice who will be providing Planning consultant services in the interim until a replacement Planner has been hired. Chairperson Borba thanked both Ron and Maureen for their support, dedication and contributions that have positively impacted the City of Rohnert Park over the years and offered his appreciation for allthey have done to support him and the Commission in their role as Planning Commissioner(s). They willtruly be missed. Chairperson Borba presented a smallgift on the Commissions behalf. CommissionerAhanotu and Commissioner Nordin also thanked Ron and Maureen fortheir support and making their role as a Commissioner/Chairperson easy. Mr. Bendorff thanked the Commission for their kind words, their service and for making his job a pleasant and fulfilling experience. There being no further business, Chairperson Borba adjourned the meeting at 7:52 pm.