2008/10/09 Planning Commission MinutesMINUTES
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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, 6750 Commerce Blvd., with Chairperson Ahanotu presiding.
Call To Order
Chairperson Ahanotu called the meeting of the regular session to order at
approximately 7:00 p.m. with Chairperson Ahanotu leading the pledge.
Roll Call
Present (5) Commissioners: Chairperson Ahanotu, Vice Chairperson Armstrong,
Commissioner Adams, Commissioner Kilat and Commissioner Callinan were
present.
Community Development Director, Ron Bendorff, Senior Planner, Maureen Rich
and Recording Clerk, Brian Goodman were present.
Approval of Minutes
Upon motion by Commissioner Kilat, seconded by Commissioner Adams, the
minutes of August 28, 2008 were approved as presented by a 5-0 vote.
Acknowledgement of
Chairperson Ahanotu 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
Use Permit
Senior Planner, Maureen Rich, presented the staff report. She stated that the
(Amendment)
Planning Commission conducted a public hearing on August 28, 2008 for the
purpose of re -reviewing and clarifying the approved Conditional Use Permit
File No. PL2004-043UP
conditions of approval for amplified outdoor music (live entertainment) at the
Latitude's Island Grill. Staff recommended modifying the Conditional Use Permit
Dave Keegan/Latitude
to permit amplified outdoor music (live entertainment) on the patio (in specified
Island Grill
locations) on Thursday, Friday and Saturday evenings only from 6 to 9 pm and
Sundays only from 11:00 am to 1:00 pm. In the proposed Conditional Use Permit
resolution the restaurateur would be required to select one of the acoustical
consultant's recommendations in order to meet Code. The Planning Commission
directed Staff to return on October 9, 2008 with: 1) the City Attorney's opinion as
to whether or not the project is subject to CEQA analysis; 2) a cost analysis of the
proposed measures recommended by the acoustical consultant; and 3) a copy of
the letter from Art Sweeney dated September 28, 2006. Ms. Rich reviewed each
of the following requests for information as follows:
1) Because the Planning Commission is considering placing additional restrictions
on an already existing approval, the City Attorney opined that the statute of
limitations has expired on any CEQA challenge governing the original approval.
The Attorney also stated that placing an additional restriction on an already
Planning Commission Minutes
noise impacts would
be a positive measure and is not subject to CEQA review.
2) The acoustical consultant recommended implementing any one of the following
measures: a) turning down the volume of the band at the soundboard/mixing
console — cost $0; b) Using an electronic limiter as part of the amplified sound
system — cost is unknown; c) Reorienting the stage to face west toward the
freeway — cost unknown since the stage frame is welded in place and would
require a crane to move or dismantling to occur; d) Installing a solid 6-8 foot high
wall behind the stage in the direction of the golf course — cost $1500-$2000 per
linear foot and loss of visual aesthetic. The applicant is proposing to turn down
the volume of the band at the soundboard/mixing console.
3) The letter from Art Sweeney, dated September 28, 2006, is attached. Ms. Rich
stated that staff wanted to highlight some erroneous information in the letter: a)
the use permit was never issued as a temporary permit; b) the letter stated that
amplified outdoor music was prohibited when in fact the resolution contains
language that the "music would generally be acoustic in nature" and the staff
report contains language that the house music (which was amplified) could be
piped to the outdoor speakers on the patio.
Ms. Rich presented the following alternative actions and recommendation: 1)Take
no action. Allow the existing Conditional Use Permit — Resolution 2004-037 to
remain "as is"; 2) Modify the Conditional Use Permit and impose modified
conditions of approval; and 3) Revoke the Conditional Use Permit for live
entertainment.
The Department of Community Development recommends that the Planning
Commission modify the Conditional Use Permit for amplified outdoor music (live
entertainment) as noted in the attached Resolution 2004-037 (Modified).
Discussion was held regarding conditions as stated in Resolution 2004-037
(Modified).
Chairperson Ahanotu opened the public hearing.
Heidi Weil, 193 Fescue Way, reiterated concerns as presented at the August 28,
2008 meeting and asked the Commission to deny any outdoor amplified music.
Robert Weil, 193 Fescue Way, also voiced concerns regarding approval of any
form of music to the outside of the Latitudes Restaurant.
Chairperson Ahanotu closed the public hearing. Further discussion was held
between the Commission, staff and members of the audience.
A motion was made by Commissioner Kilat, seconded by Commissioner Adams
to accept staff recommendation to modify the Conditional Use Permit
incorporating conditions as listed in the Resolution 2004-037 Modified. The
motion passed with a 5-0 vote.
Study Session for Peter Bruck, Building Official, presented background and current status of the
Proposed Universal Universal Design Ordinance proposed by the City of Rohnert Park. He stated
Planning Commission Minutes
Design
File No. PL2008-003MC
City of Rohnert Park
Matters from
Commissioners
that in 2003, the State Legislature directed the Calitorma Uepartment of housing
and Community Development (HCD) to write a model Universal Design
Ordinance that would be available for cities and counties to adopt locally.
Universal Design is intended to result in products and buildings that are usable by
a wide range of persons, regardless of their age or physical abilities. It can also
make it easier for family members who develop impairments or become infirm to
continue to live in their homes, rather than be forced to move to a dwelling that is
specially -designed and equipped to meet their needs. Mr. Bruck noted that the
City Council has requested staff to draft Universal Design Ordinance that would
potentially become a part of Title 14 — Sustainability, in the City's Municipal Code.
Universal Design is considered a sustainability issue as it increases the livability
and use of spaces that might otherwise be difficult for some segments of the
population
Mr. Bruck presented an overview the Universal Design Ordinance proposed by
staff. The provisions of the HCD model ordinance would allow cities and counties
to require builders to offer a wide range of universal design features in new
homes. If a potential buyer wanted any of these features installed in the home,
however, the buyer would be required to pay the additional cost. The City's
proposed ordinance would include a list of universal design features that builders
would be required to offer at the homebuyer's cost. Some examples included
flush thresholds at entry doors, wider hallways, accessible bathrooms, and
additional maneuvering clearance for wheelchair users in kitchens. As an
alternative method of compliance, there will be a short list of universal design
features that a builder could install in a certain percentage of homes rather than
offering these features in all homes.
Mr. Bruck presented the New Home Universal Design Option Checklist and
highlighted specific sections of the checklist form. Mr. Bruck also introduced
Geoff Syphers of Sonoma Mountain Village who offered discussion and
clarifications on the Universal Design Ordinance and the city's checklist as
presented.
Discussion was held between staff and the Commission. The overall consensus
of the Commission was favorable. The Commission expressed concerned,
however, of the lack of participation from the community. Discussion was held to
determine methods and options to solicit input from developers and affected
parties. Mr. Bruck will attempt to contact the appropriate individuals for their input
and feedback.
Commissioner Adams had a specific question regarding the new city hall.
Community Development Directed, Ron Bendorff responded.
Commissioner Ahanotu asked about the protocol for the placement of banners in
the City of Rohnert Park. Ron Bendorff provided general requirements for
placement of banners.
Matters from Planning Mr. Bendorff updated the Commission on the General Plan Update process and
Staff more specifically the Housing Element Summit conducted on September 27,
2008. Information regarding the Housing Element Summit can be found on the
city's website. Mr. Bendorff also report on the following items:
November meeting schedule — 1 meeting — November 13, 2008
Planning Commission Minutes
October 9, 2008
• City Hall Ribbon Cutting Ceremony -- 1 p.m - October 11, 2008
Adjournment There being no further business, Chairperson Ahanotu adjourned the meeting at
8:28 pm until Thursday, November 13, 2008.
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