2008/03/13 Planning Commission ResolutionResolution 2008-9
March 13, 2008
PC RESOLUTION NO. 2008-9
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, APPROVING AN AMENDMENT
TO AN EXISTING USE PERMIT TO ALLOW THE OPERATION OF ALL OF THE
COMMERCIAL TENANT SPACES WITHIN AN EXISTING MIXED USE PROJECT
("THE VINEYARDS") LOCATED AT 5210 COUNTRY CLUB DRIVE
(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 (Planning File PL2005-069UP);
WHEREAS, the project was constructed and the applicant, Siamak Taromi/Aston Asset
Management Group, subsequently 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, on January 24, 2008, the Planning Commission of the City of Rohnert Park
approved an application for a use permit to allow the project to be operated as a mixed use one
(Planning File PL2007-030UP);
WHEREAS, the existing on-site parking supply is inadequate to serve all of the
commercial and residential spaces; therefore the use permit was conditioned to allow only four (4)
of the commercial tenant spaces to be occupied, with the four (4) commercial spaces at the rear of
the building to be converted to residential use or left vacant;
WHEREAS, any future conversion of the four (4) commercial spaces at the rear of the
building back to commercial use shall require Planning Commission approval;
WHEREAS, the applicant has received permission from the property owner of the
adjacent Mountain Shadows Plaza shopping center to use ten (10) of that center's parking spaces to
help fill the project's parking need;
WHEREAS, Planning Application No. PL2007-030UP (Amended) was processed in the
time and manner prescribed by State and local law;
WHEREAS, on March 13, 2008, the Planning Commission reviewed Planning Application
No. PL2007-030UP (Amended) during a scheduled public hearing at which time interested persons
had an opportunity to testify either in support of or opposition to the project; and,
WHEREAS, at the March 13, 2008 Planning Commission meeting, 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(Amended);
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.
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Resolution 2008-9
March 13, 2008
Section 2. Findings. The Planning Commission, in approving Planning Application
No. PL2007-030UP (Amended) 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 received
the required use permit and the permitted change to mixed use is in keeping with the objectives
of the zoning ordinance as it relates to the C -N District.
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. A total of 37 parking spaces is required for the mixed use
operation of the project. The existing 27 parking spaces on-site, along with the use of ten (10)
spaces on the adjacent "Mountain Shadows Plaza" shopping center site 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).
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Resolution 2008-9
March 13, 2008
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.
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
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 applicant shall enter into an agreement for the use of ten (10) off-site parking spaces on
the adjacent site in a form which complies with Subsection 17.16.070.0 of the Rohnert Park
Municipal Code. This agreement shall be completed and recorded prior to the operation of
the four (4) commercial spaces to the rear of the project site.
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.
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Resolution 2008-9
March 13, 2008
DULY AND REGULARLY ADOPTED on this 13th day of March, .2008, by the City of
Rohnert Park Planning Commission by the following vote:
Amy Ahanotu, Chairperson, Rohnert Park Planning Commission
Attest: �^r'
usan Azevedo, ecording Secretary
AYES: 4 NOES: ABSENT: ) ABSTAIN:
ADAMS A AHANOTU V ARMSTRONG ✓ CALLINAN '- KILAT 1-11
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