Loading...
2008/08/28 Planning Commission MinutesROHNERT PARK PLANNING COMMISSION MINUTES THURSDAY, August 28, 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, Vice Chairperson Armstrong, Commissioner Adams, and Commissioner Kilat were present. Commissioner Callinan 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 Adams, seconded by Commissioner Armstrong, the minutes of July 10, 2008 were approved as presented by a 4-0 vote. Upon motion by Commissioner Adams, seconded by Commissioner Armstrong, the minutes of August 14, 2008 were approved as presented by a 2-0 vote. Commissioners Ahanotu and Kilat abstained. 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 Maureen Rich, Senior Planner, presented the staff report. She stated that on (Amendment) September 8, 2004, the Planning Commission approved a Conditional Use Permit for amplified outdoor music (live entertainment) in the patio area of the Latitude File No. PL2004-043UP Island Grill. The resolution of approval implied that two types of music events could occur; 1) outdoor live music on the patio, generally acoustic, on Friday and Dave Keegan/Latitude Saturday nights until 9 pm, and 2) house music, played by a disc jockey on Island Grill Thursday nights from 10 pm to 1:30 am. The house music included piping the music to the outside speakers. The City Council has requested that the Planning commission revisit the previously approved Conditional Use Permit for amplified outdoor music for the purpose of ensuring that the conditions of approval are appropriate with respect to the City's Noise Ordinance 17.12.030 — Noise Standards. Ms. Rich gave a brief history and background of events that have occurred to date since the 2004 conditional use permit approval. She stated that On October 27, 2007, several local residents submitted a petition suggesting that the noise Commission Minutes 3, 2008 trom events hosted by Latitude was unnecessary, excessive and annoying. Prior to October 27, 2007 and as a result of complaints made by neighboring residents, Latitudes Island Grill commissioned RGDL, acoustical consultants, to set up sound equipment at the property line and near the residences for the purpose of recording and analyzing noise data emanating during live performances. The noise report concluded that at the residences the noise level was dominated by freeway traffic. The sound of the live band was audible but did not affect the measured noise levels of the traffic. Ultimately, in order to alleviate the problem, Latitude owners decided to terminate the late night house music indefinitely. A subsequent peer review was conducted by Charles M. Salter, to evaluate the 2007 analysis submitted by RGDL. Ms. Rich reviewed the contents of the Salter report and noted that the subsequent review agreed with the conclusions of the original RGDL report. She stated that Staff believes that the request made by the residents for quiet enjoyment of their property is reasonable as is the request made by the restaurant for amplified outdoor music and believes with the adoption of modified conditions as presented both requests are possible. Commissioner Adams asked who paid for the peer review of the RGDL report. Ms. Rich responded that the original report and peer review was paid for by Latitudes. Commissioner Adams commented that the most serious concern seems to be thumping noise generated from the base and asked if those levels were measured. Ms. Rich responded that the report did not necessarily address the thumping noise. Ms. Rich also noted that the original report reflects the DJ music that has since been alleviated. A brief discussion was held by the staff and the Commission. Chairperson Ahanotu opened the public hearing. Robert and Heidi Well, 193 Fescue Way, were recognized. Mr. and Mrs. Weil offered the following comments: • Original Use permit indicates "acoustic" only; believes city included this restriction because of potential noise issues; • Expressed concern regarding Latitudes failed attempts to be good neighbor; • Presented outline depicting Planning Commission staff report statements versus "actual situation"; • Skeptical of mitigation measures and compromises; • Requests the city to prohibit any outdoor music; • Suspicious of conclusions reached in acoustical report; • Concern regarding exemption from CEQA; Environmental review per CEQA IS required for expansion of use. Commissioner Adams asked if there was any room for compromise as far as they were concerned i.e., significant effort to reduce sound; mandatory six month check up and review etc. Mr. Weil responded in the negative. Commissioner Kilat asked Mr. and Mrs. Weil to characterize experience from January to date. The response was that while it has been quieter, music under any circumstances should be held indoors. Planning Commission Minutes August 28, 2008 Site Plan and Architectural Review File No. PL2006-014SR Randy Figueiredo/Tierney- Figueiredo Architects Marlene Gorden, 155 Fescue Way, spoke of concern regarding outdoor music and the thumping of "big base." She indicated that sleeping rooms all face back of Latitudes. Ms. Gorden read communication from neighbor, John and Shirley Gilbert who could not attend meeting. Commissioner Adams asked if it would be "acceptable" and "reasonable" if music ended at 9:00 pm. Ms. Gorden responded „yes". Phil Jennings, 175 Fescue Way was recognized. Mr. Jennings thanked the Commission for hearing this item and stated that it be important that the use permit or any modifications to same specifically state what needs to occur and that it be "fair and reasonable" to the surrounding residences. Dave Keegan, Latitudes Restaurant spoke next. He commented that the original sound study was initiated and undertaken solely by the restaurant in order to be a "good neighbor". Mr. Keegan expressed desire of Latitudes to do and be a good business in Rohnert Park. He indicated measures have been taken to accommodate the neighbors and the concerns that they have. Mr. Keegan briefly commented on conditions as presented. A brief discussion was held by the staff, the Commission and members of the audience. A motion was made by Commissioner Kilat, seconded by Commissioner Adams to table the item for further information regarding the following: • Cost analysis on implementation measures presented to modify existing use permit; • City Attorney opinion on CEQA exemption; • Address concerns in table presented by Robert Weil • Discuss mis-represented information in letter from Art Sweeney dated 9/26/06. The motion passed with a 4-0 vote. Maureen Rich presented the staff report. She stated that the request was for an architectural modification to the existing 50,263 square foot building, an addition of 1203 square feet for a garden center, and a new sign program. Ms. Rich gave a brief summary of the 2006 modifications approved by the Planning Commission and gave a more detailed description of the proposed modifications. She reviewed General Plan/Zoning compliance with respect to parking, site plan and architectural review, including off-street loading, bicycle parking and shopping cart storage requirements and signage. Because there is a shortage of parking, a condition of approval has been added which states that the garden center is contingent upon Council's approval of the parking standards reduction proposal that is currently under review. Ms. Rich recommended that the Planning Commission adopt Resolution No. 2008-35 approving the architectural modifications to the Rohnert Park mall commercial shopping center, a 1224 square foot garden addition and new sign program, as conditioned. A brief discussion was held by staff and the Commission. A motion was made Planning Commission Minutes Prezoning/Specific Plan/Annexation File No. 1799 City of Rohnert Park Armstrong to adopt Resolution No. 2008-35 approving a modification of the exterior elevations, an addition of 1203 square feet for a garden center and a new sign program, as conditioned. The motion passed with a 4-0 vote. Ron Bendorff, Community Development Director, presented the staff report. He stated that the Wilfred/Dowdell Specific Plan is one of the six Specific Plans shown in the General Plan approved by the City Council in 2000. It is a 24.77 acre site primarily located on each side of Wilfred Avenue, east of Dowdell Avenue, and north, east, and south of the current City limits in the vicinity of the intersection of Redwood Drive and Wilfred Avenue. Mr. Bendorff outlined the proposed land uses as follows: Proposed land uses: 0 302,114 square feet of commercial uses 4 "North Village" - allows option for hotel project 0 "South Village" - retail center o Conceptual Plan shows westward extension of Willis Avenue through Village South to Dowdell Avenue and north -south "Village Street' splitting Village South, with "civic focus" at the intersection of Willis and Village Streets. o Joint access point connecting Village North with the "Home Depot' property to north. o Plan envisions a pedestrian -friendly retail environment within Village South focused along the Village Street. Mr. Bendorff provided a brief history of the Wilfred Dowdell Specific Plan that included the following timeline: History 0 1990 General Plan proposed area for inclusion in SOI 0 1995 General Plan showed area for commercial dev. 0 Specific Plan/EIR Initiated late 1990s 0 DEIR ready in 1999, but not adopted 0 2000 General Plan retained as Specific Plan Area 0 Specific Plan latest draft — January 2007 0 Revised DER prepared by MACTEC; 45 -day public review period started 2/13/08; comment session at 3/13/08 PC meeting; FEIR published 8/20/08. Mr. Bendorff continued by informing the Commission of the required action as follows: Actions Required 0 Certification of FEIR; 0 Prezoning to "Specific Plan District (SP)"; 0 Approval of Specific Plan Document; and o Annexation to the City. Development would require: o Development area plan; 0 Site plan and architectural review; 0 Conditional use permits as needed; and Planning Commission Minutes August 28, 2008 PC asked to submit recommendations to the City Council for action. In conclusion, Mr. Bendorff provided a brief discussion in the following areas O General Plan Consistency • Prezoning • Specific Plan Document: 4 Land Use Plan • Phasing 0 Circulation Plan • Infrastructure t8 Buffer Areas/Interrelationship with NW Specific Plan • Service District Boundaries • Community Separator • Design Guidelines • Public Art 4 Green Building 4 Annexation 4 Environmental Impact Report Based on findings of his report, Mr. Bendorff recommended that the Planning Commission, by motion adopt Planning commission Resolutions No. 2008-31 through 2008-34, recommending approval of File No. 1799 to the City Council. A very brief discussion was held between staff and the Commission. A few questions arose as follows: © Based on Response to Comments, page 2-10 (5-1) the Commission asked for Clarification as to whether or not the Specific Plan falls under the requirements for a Water Supply Assessment (WSA). Mr. Bendorff responded that the project is below the SB610 threshold for a WSA, but in compliance with CEQA the DEIR analyzes the availability to serve the project and this analysis is based on the City's Urban Water Management Plan (UWMP). 4 How is infrastructure going to be financed? Mr. Bendorff responded that the cost of off- site infrastructure would be provided through the City's Public Facilities Financing Plan (PFFP). 0 Who is proponent? The City is currently the "applicant' due to an agreement with the property owners from the late 1990s. At the time the project is annexed to the City, it will be available for independent purchase and development, with the ultimate developers to reimburse the City for costs incurred in processing the application. Commissioner Ahanotu opened the public hearing. There being no further comment, Commissioner Ahanotu closed the public hearing. A motion was made by Commissioner Adams, seconded by Commissioner Kilat to adopt Planning Commission Resolution Nos. 2008-31, 2008-32, 2008-33 and 2008-34 approving File No. 1799. The motion passed with a 4-0 vote. (Commissioner Callinan was excused) Planning Commission Minutes Matters from A comment/question arose and was discussed regarding graffiti in "L" section that Commissioners I borders Cotati. Matters from Planning Mr. Bendorff updated the Commission on the Northwest Preliminary Specific Staff Plan. Mr. Bendorff also report on the following items: • Both the 9-11-08 and 9-25-08 Planning Commission meetings have been cancelled. Adjournment there being no further business, Chairperson Ahanotu adjourned the meeting at 9:30 pm until Thursday, October 9, 2008. Chairperson &-"ox'a- :Recording Clerk