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2007/01/25 Planning Commission MinutesROHNERT PARK PLANNING COMMISSION MINUTES THURSDAY, January 25, 2006 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 Stafford presiding. Call To Order Vice -Chairperson Adams called the meeting of the regular session to order at approximately 7:00 p.m. with Chairperson Adams leading the pledge of allegiance. Roll Call Present (3) Commissioners: Adams, Callinan and Kilat were present. Community Development Director, Ron Bendorff, Senior Planner, Maureen Rich, Building Official, Peter Bruck and Recording Clerk, Suzie Azevedo were present. Approval of Minutes The minutes of the regularly scheduled meeting of December 14, 2007 will be presented at the February 8, 2007 meeting. Acknowledgement of Vice -Chairperson Adams acknowledged the posting of the Agenda of this .Public Noticing meeting in three (3) public places, per the requirements of the Brown Act. Unscheduled None. Public Appearances Swearing in of Planning Recording Clerk, Suzie Azevedo, read the Oath of Office to all reappointed Commissioners and (Callinan, Kilat, Adams) and newly appointed (Armstrong, Ahanotu) Election of Officers Commissioners. Commissioner Kilat nominated Commissioner Adams to serve as Chairperson. The nomination was seconded by Commissioner Callinan and approved with 5-0 vote. Commissioner Adams nominated Commissioner Kilat to serve as Vice Chairperson. The nomination was seconded by Commissioner Callinan and approved with a 5-0 vote. Use Permit Mr. Bendorff gave the staff report. He stated that the applicant, Bruce Wilson/Caltex Equities, is requesting a use permit for a Small Recycling File No. PL2007-002UP Collection Facility within the parking lot of an existing commercial center ("Park Plaza Shopping Center"). Mr. Bendorff gave a brief background on the State of Bruce Wilson/Caltex California Beverage container Recylcling and Litter Reduction Act of 1986, "The Equities Bottle Bill" and subsequent SB 332 passed in 2000. Generally, these laws establish the California Refund Value (CRV) for aluminum, glass, plastic and bi- metal containers. To redeem the containers for their CRV, consumers may visit small recycling collection centers such as the facility proposed which are generally established in the vicinity of a supermarket so as to maximize their Planning Commission Minutes January 25, 2006 Design Review File No. PL 2007-001SR True North/Freedom Graphics accessibility. Mr. Bendorff further reported that a small recycling collection facility was previously operated in the parking lot to the rear of the prior "Albertson's" supermarket in the "North Bay Center," which is located at the southwest corner of Rohnert Park Expressway and Commerce Boulevard. Due to the closure of "Albertson's," that collection facility was also closed, leaving a need for a replacement facility in the area. To fill that need, a replacement facility was placed across Commerce Boulevard at the extreme northwest corner of the Park Plaza Shopping Center's parking lot, situating it at the highly visible intersection of Rohnert Park Expressway and Commerce Boulevard. After receiving a notice from. the City's Neighborhood Preservation Officer that the facility's operation requires a use permit from the City (along with Planning Staff's direction that the facility should be in a less prominent location), the applicant had the facility moved to its present location and a use permit application was made. Mr. Bendorff briefly described the appearance of the proposed 135 square foot structure and noted that the facility's structure is given a "cottage" appearance through the use of super graphics applied to the sides of the structure, making it a more attractive alternative to the nondescript containers typically used by these operations. Mr. Bendorff reviewed the specific standards and requirements for such a facility and gave a brief explanation of the how the proposed facility would satisfy each particular requirement. Based on the findings of his report, Mr. Bendorff recommended that the Planning Commission, by motion adopt Planning Commission Resolution No. 2007-02, approving File No. PI2007-002UP, as conditioned. Chairperson Adams asked if there were any questions of staff. There being none, Chairperson Adams opened the public hearing. There being no further comment, Chairperson Adams closed the public hearing. Discussion was held regarding the awkwardness of traffic flow throughout the center and property line between Safeway and Raley's. The consensus of the Commission was that the overall appearance and location is appropriate for the site. A motion was made by Commissioner Callinan, seconded by Commissioner Ahanotu to adopt Planning Commission resolution No. 2007-02, approving File No. PI2007-002UP, as conditioned. The motion passed with a 5-0 vote. Maureen Rich, Senior Planner, gave the staff report. She stated that the request is for a sign program for a recently constructed building that contains approximately 8600 square feet and could be occupied by up to six tenants. The proposed sign program includes one freestanding monument sign (4.2 square feet total), one wall sign per tenant (120 square feet total) and window signage (24 square feet total). The entire square footage for the sign program totals 148 square feet or 24.5 square feet per tenant. Ms. Rich noted that the site is located in the I -L Limited Industrial zoning district and outlined the allowable signage for this zoning designation. She further noted that sign programs are required for . multi tenant buildings and are required to comply generally with the requirements for individual businesses. Ms. Rich stated that the recently adopted Sign Ordinance was established to provide uniform and clear standards that may be applied to new uses. Additionally, the City is interested in making sure that signage is durable and provides a quality appearance. Given this, Ms. Rich said 2 Planning Commission Minutes January 25, 2006 Interpretation of Zoning Code that staff is concerned with the applicant's proposed materials, i.e., cut vinyl lettering. This material does not hold well over time and does not provide an aesthetically pleasing appearance. As such, Staff is recommending that the proposed black vinyl lettering be enhanced by using higher quality materials, more specifically, individual, raised, acrylic letters. Based on the findings in her report, Ms. Rich recommended approval of the application and that a condition of approval be added that requires raised, individual letters to the satisfaction of staff on both the freestanding and wall signs. Discussion was held between staff and the commission regarding the materials proposed. Mr. Tom Pforsich, True North/Freedom Graphics, was recognized. He stated that vinyl signage has improved over the years and is a durable, aesthetically pleasing product. It is less expensive, so it is an attractive alternative when multiple signage is involved. The Commission also asked for clarification and explanation regarding the methodology of the two formulas that determine the allowable signage in a sign program. Ms. Rich responded that the maximum square footage of signage for individual businesses in the I -L zoning district is based on either of two formulas (whichever is smaller); Formula 1 — One square foot of signage per linear foot of building frontage; or Formula 2 — One-half square foot of signage per linear foot of property line (along the primary street. Theoretically, a three tenant building would require no sign program (the sign ordinance requires the review and approval of a sign program when a new nonresidential project may contain four or more tenants). The maximum sign area allowed per business would be based on the smallest of either the lot width, in this case 188 feet or the tenant's frontage, 47 feet. The resulting total signage for a three tenant building would be 141 square feet (47 square feet multiplied by three tenants). Therefore, the applicants request for a maximum of 148 square feet of total signage area is within an acceptable range, especially when considering that there could be up to six tenant. Following discussion, a motion was made by Commissioner Kilat, seconded by Commissioner Ahanotu, to approve File No. PL2007-001, sign program for the industrial building located at 5420 State Farm Drive, as conditioned. The motion passed with a 5-0 vote. Ms. Rich reported that the purpose of this item is to request direction from the Planning Commission pertaining to a recent application for General Plan Amendment and Rezoning for property located at 5900 Commerce Boulevard.On December 12, 2006, Greg LeDoux (representing Ken Elie owner of Outdoor Pro Shop) submitted an entitlement request for a General Plan Amendment and Rezoning. The purpose of the General Plan Amendment and Rezoning would be to allow for the development of a 16,400 square foot retail and storage building for one tenant (Outdoor Pro Shop). The General Plan designation for the site is Industrial. Industrially designated sites are intended to accommodate campus -like environments for corporate headquarters, R/D facilities, offices, light manufacturing and assembly, processing, general services, warehousing, storage and distribution. Retail (as a solo use) is permitted as an ancillary use. Retail that is combined with warehouse may be considered as an acceptable use (as demonstrated in the Zoning Code). Planning Commission Minutes January 25, 2006 Revisions to Municipal Code File No. 2006-010UP City of Rohnert Park Ms. Rich noted that the zoning map identifies the site as Industrial/Office Overlay, consistent with the General Plan. The Industrial district generally permits retail uses when they are incidental; however, permits "Retail Warehouse" with a Conditional Use Permit. While the Zoning Code contains no definition for "Retail Warehouse"; it does contain a definition for "Warehousing" as follows: The use of building or buildings for the storage of goods of any type, when such building or buildings contain more than five hundred (500) square feet of storage space and where no or minimal retail is conducted. The presumption is that a "Retail Warehouse" would combine retail uses with warehousing. The applicant is proposing that the building be occupied solely by the Outdoor Pro Shop which contains a retail component of about 10,400 square feet and a warehouse/storage component of about 6,000 square feet. The warehouse would be used for the Rohnert Park Outdoor Pro Shop as well as another Outdoor Pro Shop which is located in Oakland, CA. Zoning Code Section 17.02.090 Clarification of ambiguities states: If ambiguity arises concerning any aspect of this title, the planning and community development director shall interpret same. Should the planning and community development director's ruling be disputed, the matter shall be referred, upon written request, to the planning commission for clarification. Written requests received by the planning and community development director shall be placed on the next available planning commission agenda as a non-public hearing item. A fee to request an interpretation by the planning commission may be set by the city council. Mr. Rich stated that at this time, staff is requesting that the Planning Commission provide an interpretation of the Zoning Code to determine whether or not a retail/warehouse use, such as the Outdoor Pro Shop can be considered a "Retail/Warehouse" use. Mr. Ken Elie, owner of the Outdoor Pro Shop, was recognized. He stated that the retail component of his business is currently located in the North Bay Center at 6315 Commerce Boulevard. He would like to remain in Rohnert Park but needs a larger facility in order to accommodate his growing business and appreciates the Commissions consideration. After brief discussion, a motion was made by Commissioner Callinan, seconded by Commissioner Armstrong, that a retail/warehouse use, such as the Outdoor Pro Shop can be considered a "Retail/Warehouse" use. The motion passed with a 5-0 vote. Mr. Peter Bruck, Chief Building Official, gave the staff report. He gave a brief background of the action taken to date. Specifically, he noted that on July 12, 2005, the Rohnert Park City Council passed a resolution directing staff to formulate a Green Building Ordinance requiring the mandatory implementation of green building techniques in new construction. Since then, staff has made numerous presentations to the Council, at which time the Council provided staff with additional direction on the GBO's development. Additionally, staff presented a Draft GBO to the Planning Commission at workshops held on October 12, 2006 4 Planning Commission Minutes January 25, 2006 and December 14, 2006. Mr. Bruck noted that the proposed GBO is intended to raise the level of construction in the City of Rohnert Park in order to encourage water and resource conservation, reduce waste generated by construction projects, increase energy efficiency in buildings, provide durable buildings that are efficient and economical to own and operate, and promote the health and productivity of residents, workers, and visitors to the City. He stated that the GBO will firmly establish the requirements, compliance standards, and organization for green building in the city and resolutions referenced in the ordinance will allow flexibility to raise or lower compliance thresholds as well as to specify the use of new green building guidelines and standards as they are developed. He said that the Commission at this time is being asked to make a recommendation on the Draft GBO to the City Council. Mr. Bruck's presentation included discussions and key points on the following: • Definition of "Non -covered" Projects •. Staffing; Green Building Compliance Official, need for one additional staff person; use of outside consultants • Funding — to be included in the building permit fee • Project Types and Tiers — Tier matrix presented and discussed • Green Building Standards — Build it Green's 2005 New Home Construction Green Building Guidelines, Alameda County Waste Management Authority's Home Remodeling Green Building Guidelines; Alameda County Waste Management Authority's Home Multi -family Green Building Guidelines; U.S. Green Building Council LEED for New Construction Version 2.2 or LEED Core and shell Version 2.0 • Compliance Thresholds — Point system; LEED certifications • Effective Date — 2/2/07 City Council first reading; 3/13/07 City Council second reading; 7/1/07 Adoption date Commissioner Ahanotu commended staff on the presentation and work that has gone in to creating the Green Building Ordinance. He asked if the City might be taking on too much. Mr. Bruck responded that city will be relying on outside consultants who are certified and knowledgeable to assist with monitoring and implementing the city's program. Commissioner Kilat called attention to page 9, Exhibit A/Appeals. Her concern was the 45 day time limit allowed for issuance of a written determination by the City Manager on an appeal. She recommended that be reduced to 30 days as 45 days seemed a lengthy period of time for an applicant to wait for a response. The consensus of the Commission was to reduce the time limit of a written determination from the City Manager to 30 days. Additionally, the definition of "single-family residential" was recommended to be changed to read: "Single-family addition" means any residential project that adds new floor area, as defined in Chapter 17 of this code, to an existing residence. Single-family residential additions may be attached or detached. After further discussion, a motion was made by Commissioner Kilat, seconded by Commissioner Callinan to adopt Planning Commission Resolution No. 2007-01, recommending approval of file No. PL2006-010MC, the proposed addition of Chapter 14.50 to the Rohnert park Municipal Code (Green Building Ordinance), to the City Council with changes as noted. The motion passed with a 5-0 vote. 5 Planning Commission Minutes January 25. 2006 Chairperson R ording Clerk iCancellation of Planning Mr. Bendorff reported that initially it appeared that due to lack of business the Commission Meeting February 8, 2007 could be cancelled, however, an issue has arisen regarding the Scheduled for Medical Marijuana Dispensary moratorium that needs to be brought before the February 8, 2007 Commission as soon as possible and has been scheduled for the February 8, 2007 PC meeting. Commissioner Callinan stated that due to a prior commitment he would not be in attendance at that meeting. Matters From Commissioner Callinan thanked staff for the update on code enforcement issues Commissioners throughout the city. Commissioner Kilat commended staff on the "new look" of the staff reports and appreciated all that staff does for the Planning Commission. Commissioner Ahanotu thanked staff for the very thorough and very helpful orientation. Matters from Planning Mr. Bendorff reported on the following: Staff Planning Commissioners Workshop Adjournment There being no further business, Chairperson Adams adjourned the meeting at 8:45 PM until Thursday, February 8, 2007. Chairperson R ording Clerk