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2008/06/26 Planning Commission MinutesROHNERT PARK PLANNING COMMISSION MINUTES THURSDAY, June 26, 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 Chairperson Ahanotu leading the pledge. Roll Call Present (4) Commissioners: Chairperson Ahanotu, Commissioner Kilat, Commissioner Armstrong and Commissioner Adams were present. Commissioner Callinan was excused. Community Development Director, Ron Bendorff and Recording Clerk, Suzie Azevedo were present. Approval of Minutes Upon motion by Commissioner Kilat, seconded by Commissioner Armstrong, the minutes of June 12, 2008 were approved as presented. 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 Community Development Director, Ron Bendorff, presented the staff report. He (Amendment) stated that on April 28, 2005 the Planning Commission approved a use permit to allow live entertainment at JK's Four Seasons Buffet. The resolution contained File No. PL2005-019UP 13 conditions designed to ensure that the operation would be run in a manner that would not create impacts upon neighboring businesses or residents. In the JK's Four Seasons event of any undue impacts, a condition was added that states "if it is determined Buffet at any time that the live entertainment has negatively impacted the residents and/or the commercial uses in the area or has created any other problems, the use permit may be returned to the Planning Commission for the consideration of additional measures to address the problems or for potential revocation." Mr. Bendorff noted that the after the granting of the use permit, live entertainment events at the restaurant generated "only minimal problems," according to the Department of Public Safety (DPS). In February 2008, the business was sold to new owners who were not aware of the existing use permit conditions and, subsequently, impacts were generated that exceeded an acceptable level. Mr. Bendorff reported that DPS staff has met with the operators to discuss means to mitigate the impacts observed and as a result of these discussions it seems that the impacts have subsided. In order to ensure that the operation continues to run more smoothly, DPS is requesting that the Planning Commission revisit the Commission Minutes June 1 existing use permit and consider new and amended conditions. Mr. bendortt reviewed the existing and revised/new conditions. Most notably, the new/revised conditions include provisions for additional security measures, i.e. the presence of security to maintain order, notification to DPS when a pre -planned event is anticipated to have 100 or more persons in attendance and mandatory completion of the Responsible Beverage Service course within 60 day for all new servers. Additionally, existing condition 10. which states, "the last call for alcoholic beverages shall be 12:50 AM and no alcoholic beverages are to be sold after 1:00 AM," shall be amended to also include that the house lights are to be raised by 1:30 AM. Mr. Bendorff stated that based on the findings, staff recommends that the Planning Commission by motion adopt Planning Commission Resolution No. 2008-18 approving the amendments to File No. PL2005-019UP. Sergeant Art Sweeney, Rohnert Park Department of Public Safety, was recognized. Mr. Sweeney outlined recent activities and briefly updated the Commission on communication with the current owners of JK's Buffet. Mr. Sweeney noted that while the current owners, Anita and Octavio Vega, have been cooperative and open to working with the city, at this time the Department of Public Safety would like to closely monitor the activities and set forth new and amended conditions to ensure consistent adherence and conformity. The Department of Public Safety is open to re -negotiating certain conditions following a 6 month -1 year compliance record as set forth in Resolution No. 2008-18. The owners of JK's Buffet, Anita and Octavio Vega, were recognized. Ms Vega expressed regret for any miscommunications and undesireable activity that has taken place. It has been their dream to open a nightclub and they have invested everything to keep the business running. Ms. Vega informed the Commission that they were not made aware of the conditions placed on the previous owner. They are in the process of making extensive changes and are concentrating on hiring the appropriate personnel and would like to make JK's a healthy and safe environment for all. While they are in agreement with most of the conditions as presented, Ms. Vega requested a 15 minute extension of time for the "last call" timeframe as listed. She explained the rationale for the request and stated that the main concern is that given this timeframe, patrons would be quick to rush out to catch "last call" at another establishment and not take the time "wind down" the evening. Ms. Vega noted that she offers food and nonalcoholic beverages to encourage a cooling down period for all patrons. Lengthy discussion was held between the Commission, Sergeant Sweeney and the Vegas regarding the last call and lights raised timeframes. It was the consensus of the Commission and staff that no changes be made to the current and proposed restrictions until such time that the JK's Buffet operation can show consistent adherence and compliance to these restrictions. A timeframe of 6 months was given for possible re-evaluation of the live entertainment use permit. A letter in support of JK's Buffet was submitted by University of Sports, 555 Rohnert Park Expressway. A motion was made by Commissioner Kilat, seconded by Commission Armstrong to adopt Planninq Commission Resolution 2008-18 approving proposed Planning Commission Minutes June 12. 2008 Amendments to File No. P1-2005-019UP. The motion passed with a 4-0 vote. Matters from None. Commissioners Matters from Planning Mr. Bendorff updated the Commission on the General Plan Update process. Mr. Staff Bendorff also report on the following items: • Next meeting: Use Permit, Site Plan and Architectural Review and Variance for Fire Bay Realignment; Development Agreement Review/Kisco Senior Living; • City received E-76 funding for City Center Plaza Adjournment There being no further business, Chairperson, Ahanotu adjourned the meeting at 7:45 pm until Thursday, July 10, 2008. Chairperson Auz� kecordi4 Clerk 3