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2007/03/08 Planning Commission Minutes00� L ROHNERT PARK PLANNING COMMISSION MINUTES THURSDAY, March 8, 2007 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 Adams presiding. Call To Order 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 (5) Commissioners: Commissioner Adams, Commissioner Callinan, Commissioner Kilat, Commissioner Ahanotu, and Commissioner Armstrong were present. Community Development Director, Ron Bendorff, and Recording Clerk, Suzie Azevedo were also present. Approval of Minutes A motion was made by Commissioner Callinan, seconded by Commissioner Armstrong to approve the minutes of the February 22, 2007 as presented. The motion passed with a 5-0 vote. Acknowledgement of Chairperson Adams 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 Revisions to Municipal Mr. Bendorff gave the staff report. He stated that in August of 2006, staff Code requested the City Council provide direction regarding the desirability of an ordinance requiring developers to provide public art funding and/or the physical City of Rohnert Park installation of public art as a part of a development project. At that time, the Council gave its consensus that Staff should pursue the development of such an File No. PL2006-029MC ordinance. Mr. Bendorff noted that the General Plan contains provisions regarding public art and recited the goals and policies contained in the General Plan. Further, Mr. Bendorff stated that currently the goal of promoting art and culture in the city has been implemented informally by staff. A Draft Public Ordinance has now been prepared. Staff presented the draft to the City's Cultural Arts Commission (CAC) at its February 12, 2007 meeting for comment and received the CAC's consensus that the Draft was ready to be considered by the Planning Commission and City Council for adoption. Mr. Bendorff gave an overview of the draft Ordinance as follows: Draft Ordinance uses City of Petaluma's existing Public Art Ordinance as a model; modifies that Ordinance to meet Rohnert Park's needs; • First section of Ordinance (17.18.010) presents the purpose followed by' the definitions (17.18.020) used in the Ordinance language; • The public art requirement for applicable projects is presented in Section Planning Commission Minutes March 8, 2007 17.18.030. Generally, requires that construction or reconstruction (rehabilitation, renovation, remodeling or improvement of an existing building, except those construction activities solely attributable to tenant improvements) having a construction cost as defined of 500,000. or more, contribute 1 percent of total project valuation towards public art. This requirement can be satisfied by the developer either funding an on-site installation or paying an in -lieu fee to be deposited into the Public Art Fund. • Section 17.18.040 lists the types of projects subject to the public art requirement (i.e. commercial or industrial projects and public construction projects such as the construction of new streets or public buildings). • The application and review process follows in section 17.18.050. • The final section, 17.18.060, establishes the Public Art Fund and indicates how the Fund may be used. Mr Bendorff stated that based on the findings of his report, staff is recommending at this time that the Planning Commission adopt Planning Commission Resolution No. 2007-07, recommending that the City Council adopt File No. PL2006-029MC, the proposed addition of Chapter 17.18 (Public Art) to the Rohnert Park Municipal Code, to the City Council. Commissioner Armstrong asked if a priority list is already in place or if a list would be established on where art would be installed. Mr. Bendorff responded that the developer would submit for any on-site art to be installed and should the in -lieu fee be paid it would be at the discretion of the Cultural Arts Commission and ultimately forwarded to the Planning Commission and City Council for approval Also, the city is conducting a corridor study to determine how the city would like to go forward with street and roadway improvements at various locations within the city and the outcome of this study will be incorporated as well. Commissioner Ahanotu asked if it would not be easier to just charge the developer the 1 % and have the city decide where public art was most desirable. Mr. Bendorff responded that it allows the developer a chance to be creative and to incorporate that creativity into the project and gives the city relief on having to undertake the entire process for each project that falls under the Public Art criteria. Commissioner Callinan asked if we knew the ratio of developer installed art or in - lieu fees paid in the City of Petaluma. Mr. Bendorff responded that he did not have those numbers. Chairperson Adams opened the public hearing. There being no further comment, Chairperson Adams closed the public hearing. A motion was made by Commissioner Kilat, seconded by Commissioner Callinan to adopt Planning Commission Resolution No. 2007-07, recommending that the City Council adopt File No. PL2006-029MC, the proposed addition of Chapter 17.18 (Public Art) to the Rohnert Park Municipal Code, to the City Council. The motion passed with a 5-0 vote. Matters From Commissioner Ahanotu asked about the current situation at the Abby Morturary. Commissioners Mr. Bendorff reported to the Commission that the city became involved after it was discovered the mortuary was operating without the proper permits and 2 Planning Commission Minutes March 8. 2007 Matters from Planning Staff updated the commission on the status of legal proceedings currently underway. Mr. Bendorff reported on the following: • Medical Marijuana moratorium passed Council with a vote of 4-0. • Requests for Proposals for General Plan Update — Council agenda 3/27 • Next Meeting: Rancho Verde Mobilehome Park appeal. Adjournment There being no further business, Chairperson Adams adjourned the meeting at 7:28 PM until Thursday, March 22, 2007. Chairperson Recording Clerk