2008/01/24 Planning Commission Resolution (3)PC RESOLUTION NO. 2008-2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, CONDITIONALLY APPROVING
FILE NO. PL2007-030UP: USE PERMIT TO ALLOW AN EXISTING LIVE/WORK
PROJECT LOCATED AT 5210 COUNTRY CLUB DRIVE TO BE
OPERATED AS A MIXED USE PROJECT
(Siamak Taromi/Aston Asset Management Group)
WHEREAS, on February 9, 2006, the Planning Commission of the City of Rohnert Park
approved an application for a use permit to allow 8 live/work spaces on property located at 5210
Country Club Drive (PL2005-069UP);
WHEREAS, the project has been constructed and the applicant, Siamak Taromi/Aston
Asset Management Group, has requested the ability to operate the project as a mixed use one,
which would allow the commercial and residential spaces to be occupied independently of one
another, whereas the present live/work configuration requires the commercial operator to live in
the residential unit upstairs;
WHEREAS, the applicant has filed Planning Application No. PL2007-030UP for approval
of a use permit to allow the project to be converted to mixed use, in accordance with the City of
Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PL2007-030UP was processed in the time and
manner prescribed by State and local law;
WHEREAS, on December 13, 2007 and January 24, 2008, the Planning Commission
reviewed Planning Application No. PL2007-030UP during scheduled public hearings at which
time interested persons had an opportunity to testify either in support of or opposition to the
project; and,
WHEREAS, at the December 13, 2007 and January 24, 2008 Planning Commission
meetings, upon hearing and considering all testimony and arguments, if any, of all persons desiring
to be heard, the Commission considered all the facts relating to Planning Application No. PL2007-
030UP;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findings. The Planning Commission, in approving Planning Application
No. PL2007-030UP makes the following findings, to wit;
1. That the proposed location of the conditional use is in accord with the objectives of the zoning
ordinance and the purposes of the district in which the site is located.
Criteria Satisfied. "The Vineyards" is located within a transitional area between a fire station
to the north, a commercial center to the east, and single-family residences to the south. The
project was developed with a live/work project and the applicant wishes to reconfigure the
project as a mixed use one. The site is zoned for Neighborhood Commercial (C -N) use, and
this designation allows for mixed use projects with a use permit. The applicant has applied for
the required use permit. The proposed change to mixed use would still be in keeping with the
objectives of the zoning ordinance as it relates to the C -N District.
Page 1
2. That the proposed location of the conditional use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity, and that the operation and
maintenance of the conditional use will be compatible with the surrounding uses.
Criteria Satisfied. The building housing the project has been constructed and has not
generated any public health problems.
3. That the proposed conditional use will comply with each of the applicable provisions of this
Title.
Criteria Satisfied. The project complies with all applicable Zoning Ordinance standards, with
the exception of the required parking for a mixed use project, which requires a greater ratio of
parking than a live work project. Given that a total of nine (9) parking spaces are technically
provided for the commercial spaces if they are operated independently of the residential units,
a total of four of the commercial spaces should be adequately served by the existing parking
supply. The conversion of the remaining four (4) commercial parking spaces would ensure
that adequate parking exists.
Section 3. Environmental Clearance. The project is categorically exempt from the
California Environmental Quality Act, pursuant to California Code of Regulations Title 14,
Chapter 3, Section 15332 (Class 32 — In -Fill Development Projects)..
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PL2007-030UP, subject to the following conditions:
1. The use permit approval shall expire one year from the Planning Commission approval date,
unless prior to the expiration a business license is issued, or a building permit is issued for
any tenant improvements, if applicable, and construction is commenced and diligently
pursued toward completion and the use is initiated, or an extension is requested and
approved.
2. That all other conditions of approval for this project (e.g. use permit, site plan and
architectural review, variance, and tentative subdivision map) shall be complied with, unless
superseded or amended by this approval (PL2003-062UP/SR/V, PL2005-069TM).
3. Conformance with Municipal Code and Other Agency Plans - All improvements shall
comply with all applicable sections of the City of Rohnert Park Municipal Code and any
other applicable relevant plans of affected agencies.
4. The applicant shall obtain all necessary permits and clearances from the Rohnert Park
Building and Public Safety Departments prior to commencement of the operation at this
location.
5. Affordability— The applicant shall enter into an affordable housing agreement with the City
and sign a deed restriction that reserves at least one (1) of the units for sale to a moderate -
income household as defined in the California Health and Safety Code or for rental to a low-
income household as defined in the California Health and Safety Code. At the time of this
approval, moderate income households are those with median incomes equal to or less than
120 percent of the median area income and low income households are those with median
incomes equal to or less than 80 percent of the median area income. This restriction shall be
in effect for a minimum period of 45 years beyond the initial occupancy of the project for a
for sale unit or for a minimum of 55 years.beyond the initial occupancy of the project for a
Page 2
rental unit. The affordable housing agreement shall indicate the standards for maximum
qualifying household incomes and maximum sales price/rent for the affordable unit, the
party responsible for verifying incomes, how vacancies will be marketed and filled,
restrictions binding on the property upon sale or transfer, maintenance provisions, and any
other information required by the City to comply with the conditions of approval for this
project.
6. The four (4) commercial spaces to the rear of the site shall be converted to residential spaces
and combined with the residential units above as additional living space. As an alternative,
the four (4) rear commercial spaces may remain vacant.
7. The four (4) commercial spaces to the rear shall be maintained in a manner that ensures that
they maintain a commercial storefront appearance and do not negatively impact the overall
appearance of the project.
8. Any future conversion of the four (4) commercial spaces to the rear back to commercial use
shall require Planning Commission approval.
BE IT FURTHER RESOLVED that said action shall not be deemed final until the appeal
period has expired and that the appeal period shall be 10 working days from the date of said action.
No building permits shall be issued until the appeal period has expired, providing there are no
appeals.
DULY AND REGULARLY ADOPTED on this 24th day of January, 2008, by the City of
Rohnert Park Planning Commission by the following vote:
Chairperson, Rohnert Park Planning Commission
Attest:
Susan Azevedo, ROtording Secretary
AYES: NOES: v ABSENT: ABSTAIN:
ADAMS `/ AHANOTU " ARMSTRONG `-/CALLINAN LZKILAT
Page 3