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2008/03/13 Planning Commission Minutesr1q ROHNERT PARK PLANNING COMMISSION MINUTES THURSDAY, March 13, 2008 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 Community Development Director Bendorff leading the pledge. Roll Call Present (4) Commissioners: Chairperson Ahanotu, Commissioner Callinan, Commissioner Kilat and Commissioner Armstrong were present. Commissioner Adams was excused. Community Development Director, Ron Bendorff, Senior Planner, Maureen Rich and Recording Clerk, Suzie Azevedo were present. Approval of Minutes Upon motion by Commissioner Kilat, seconded by Commissioner Armstrong, the Minutes of February 14, 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 Tentative Map Senior Planner, Maureen Rich, gave the staff report. She stated that the property owner, Professional Center LLC, et.al, has requested a Tentative Map in order to File No. PL2007-028TM condominiumize the two existing buildings located at 150 and 170 Professional Center Drive. The proposed Tentative Map would result in the creation of 15 GJ Harmina c/o Steven airspace units for nonresidential uses, two common areas within each building, LaFranchi and and a common parcel beneath the buildings. It would provide for the sale and Associates transfer of the units to individual owners. Ms. Rich gave a brief history of the property and discussed the regulatory process relating to this type of subdivision. She noted that the regulations of California Government and Civil Codes and the Rohnert Park Municipal Code would apply as the City's Condominium Conversion Ordinance applies only to multifamily residential properties. Ms. Rich provided a summary of the applicable provisions and detailed the findings for each. Based on the findings, Ms. Rich stated that the proposal is consistent with the Subdivision Map Act and the Rohnert Park Municipal Code as well as the General Plan and Zoning Code guidelines/requirements and recommended that the Commission recommend to the City Council approval of the Tentative Map as proposed and conditioned in Resolution No. 2007-32. Commissioner Ahanotu opened the public hearing. Planning Commission Minutes March 13, 2008 Use Permit File No. PL2007-030UP (Amended) Siamak Taromi/Aston Asset Management Group Jim McCalligan, owner, was recognized. He praised staff for their diligence in working with them on seeing the project through. He stated that this type of project favors the small business owner who wants to own and operate his business. Commissioner Kilat asked if he has received interest from current tenants to purchase the space they are currently operating from. Mr. McCalligan responded that he has received very favorable responses. Commissioner Ahanotu closed the public hearing. A motion was made by Commissioner Kilat, seconded by Commissioner Callinan, to recommend that the Planning Commission recommend to the City approval of the Tentative Map as proposed and conditioned. The motion passed with a 4-0 vote. Ron Bendorff reported that the applicant, Siamak Taromi, is requesting an amendment to an existing use permit to allow the operation of all eight (8) of the commercial tenant spaces within an existing mixed use project ("The Vineyards") within the Neighborhood Commercial District. He explained that the project was originally designed and constructed as live/work, which requires the residents who live upstairs to work in the commercial spaces below. Due to a lack of interest in the live/work units, the applicant submitted a use permit application to convert the project to a "mixed use" operation, which would allow the residential and commercial units to be rented independently. of one another. In reviewing the application, staff commissioned a parking study to help determine the true parking need for the project. On January 24, 2008, the Planning Commission considered the requested use permit. In approving the use permit the Commission noted that the site can only accommodate 27 parking spaces, therefore the approval was conditioned to allow only four (4) of the commercial units to be operated as such. Mr. Bendorff reported that in the interim, the applicant has entered into a Parking License Agreement with the owner of the adjacent "Mountain Shadows Plaza" shopping center to utilize ten (10) of the center's parking spaces, thereby increasing the amount of parking available to the project so that all eight (8) of "The Vineyards" commercial tenant spaces should be adequately served. Mr. Bendorff said the applicant is requesting that the Planning Commission consider amending the existing use permit to reflect this change. Mr. Bendorff reviewed the Agreement and sections of the Municipal Code regarding shared parking. While the proposed off-site parking spaces meets a majority of the criteria mandated, the parking agreement itself, entered into by the two parties, does not conform to Section 17.16.070C of the Rohnert Park Municipal Code. A condition has been added to the resolution of approval requiring that the final agreement be consistent with this section. Based on the findings of his report, Mr. Bendorff, recommended that the Planning Commission by motion adopt Planning Commission Resolution No. 2008-9, approving the Amendment to File No. PL2007-030UP, as conditioned. Commissioner Ahanotu opened the public hearing. Planning Commission Minutes March 13, 2008 Comment Session Wilfred/Dowdell Specific Plan Draft EIR Matters From Commissioners Matters from Planning Staff There being no further comment, Commissioner Ahanotu closed the public hearing. A motion was made by Commissioner Kilat, seconded by Commissioner Callinan to adopt Planning Commission Resolution No. 2008-9, approving the Amendment to File No. PI2007-030UP, as conditioned. The motion passed with a 4-0 vote. Ron Bendorff reported that Staff has prepared a revised draft of the Wilfred/Dowdell Village Specific Plan. He noted that a Draft Environmental Impact Report (EIR) was originally prepared for this project in the late 1990's however it was never adopted. In the interim, the City determined that a Revised EIR would be required for the project and retained a consultant, MACTEC Engineering and Consulting, Inc. to prepare this document. The Draft EIR was released for the required 45 -day public review period on February 13, 2008. A Notice of Availability was issued on February 11, 2008. The 45 day public review period is scheduled to end on March 28, 2008 and comments on the Draft EIR may be submitted to the City by 5:00 p.m. on that date. Although it is not required, staff feels that a public meeting to receive comments on the DEIR would allow an additional opportunity for beneficial input. The comment session also is the Planning .Commission's opportunity to listen to public comment on the Draft EIR. Commissioner Ahanotu opened the floor for public comment. Tom Roberts, 4649 Dowdell Ave., Santa Rosa. He offered comments on the following: • Annexation will trigger mandatory building permits. • Assessment District; does not want to be saddeled with fees. • Community Separator • All written items presented in previous public meetings are relevant and should be produced • Requests Resolution to protect interests A brief discussion was held by staff and the Commission. It was noted that the comments received are not to be debated this evening, rather they are to be addressed in the "Response" document that the EIR consultant will subsequently prepare. No action by the Commission is, therefore, required at this time. Commissioner Armstrong gave a brief update on the Creeks Masterplan Committee. He commented that the Southern Laguna Watershed document is near completion and will be published soon. Commissioner Kilat reported on the General Plan Update Steering Committee meeting. Mr. Bendorff informed the Commission on upcoming items. He noted the following: • Next Meeting: North Bay Center Color Palette; Use Permit for Tattoo Parlor; Auto Wholesale Use Permit • Next meeting of the General Plan Update Steering Committee will be held on April 3, 2008. 3 Planning Commission Minutes March 13, 2008 AdjournmentI There being no further business, Chairperson Ahanotu adjourned the meeting at 7:50 PM until Thursday, March 27, 2008. FOW Chairperson ecording Clerk t 4