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2007/06/14 Planning Commission MinutesROHNERT PARK PLANNING COMMISSION MINUTES THURSDAY, June 14, 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 staff leading the pledge of allegiance. Roll Call Present (5) Commissioners: Commissioner Adams, Commissioner Armstrong, Commissioner Ahanotu and Commissioner Kilat and Commissioner Callinan were present. Community Development Director, Ron Bendorff, Senior Planner, Maureen Rich and Recording Clerk, Suzie Azevedo were present. Approval of Minutes A motion was made by Commissioner Ahanotu, seconded by Commissioner Armstrong to approve the minutes of the May 24, 2007 as presented. The motion carried with a 4-0 vote. Commissioner Callinan abstained 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 Scoping Session for Senior Planner, Maureen Rich, gave the staff report. She stated that the purpose Sonoma Mountain of tonight's meeting is to provide an opportunity (early on in the EIR process) to Village EIR other persons or organizations in the community that may have concerns with the environmental effects associated with the development of Sonoma Mountain Village, located on the property previously occupied by Agilent Technologies. The common term for this meeting is a "scoping" session. As a rule, the City combines the scoping session with the Notice of Preparation which is mailed out to other agencies that play a role in review of the EIR. Ms. Rich noted that an application for a General Plan Amendment, Rezoning and Final Development Plan was submitted on October 3, 2006. Due to the scope of the project the City determined that an EIR would be required. She further noted that scoping sessions are not mandated; however, for familiarity purposes they are beneficial to the community, the consultant, and the Commission. No action by the Commission is required at this time. The Draft EIR (once prepared) will be brought before the Commission for review. Comments and responses to the DEIR will be compiled as the FEIR and brought back for a recommendation for "certification." Ms. Rich stated that she would like to ask that Richard Pope be allowed to make a short presentation to describe the project ....followed by Ted Adams, Sr. Project Planning Commission Minutes June 14, 2007 Manager with EIP, Environmental Consultants. Richard Pope, Codding Enterprises was recognized. He gave a brief presentation about the vision for Sonoma Mountain Village (SMV). He stated that SMV was born from a single idea; "That development and communities could not be designed and built in the same old way if they wished to embrace, to preserve and repair our fast declining environment. Mr. Pope explained that the project is planned to be a mixed use community planned development to include 1874 residential units of all sized and prices as .well as 283,000 square feet of offices and 265,000 square feet of retail. The design approach for SMV is based on the new urbanism model which creates a neighborhood that favors the pedestrian and bike rider over the car and truck. The homes and commercial spaces are designed to allow people to live, play and work in close proximity allowing more time for a family lifestyle. Mr. Pope noted that the newly proposed smart train station when approved will be within half a mile from the site it is intended to run an electric shuttle to this Station and Sonoma State University. Mr. Pope continued with comments on the following topics: • Traffic and Sustainable Transport — design will promote bike riding, walking and support low carbon transportation • Zero Carbon — buildings will be designed to beat Title -24 California Energy code by 50% • Zero Waste — high priority; working with experts in field to develop and maintain sustainable programs to reduce, reuse and recycle all materials generated on the project • Sustainable Materials — Leed standards for the baseline best practice • Local and Sustainable Foods — community gardens, fruit trees, year round farmers markets • Sustainable Water — water recycling, water harvesting, natural aquifer recharge • Natural Habitats and Wildlife — diversity of trees and shrubs; create restored wetland areas; create butterfly and bee habitat on inaccessible green roofs; create riparian zone • Culture and heritage — Living culture/the present actively connects the past to the future Mr. Ted Adams, EIR consultant provided the Commission and members of the audience with a brief overview of the EIR process. He stated that the EIR will identify conditions pertaining to aesthetics, air quality, biological, noise, population and housing, public services, traffic and circulation and, utility to assist in determining if any of those elements would need to be mitigated based on the construction of the project. Chairperson Adams opened the floor for public comment. Harold Blosky, 1525 Mammoth Place spoke about the size and complexity of the project. He commented that the residential space would contain more than 10% of the present Rohnert Park population. Wavne Van Hoesen. 1421 Mariner Place. was concerned about noise_ He 2 Planning Commission Minutes June 14, 2007 Site Plan and Architectural Review File No. PL 2007- 003SR/UP Newt Kerney/Cross and Crown Luthern Church indicated that currently there are two types of soundwalls. For a portion of the project site they are concrete, however, the wall adjoining his property is of wood. Would the developer be willing to continue the concrete wall throughout the site. Mr. Pope said that they would be open to meet with the residents regarding the soundwalls. Gayle Lash, 521 E. Railroad Avenue, spoke about quality of life and increase in population. She moved to this location to have a "country" sense of living and feels the increase in population will promote a reduction in property values and view of Sonoma Mountain, will have a severe impact on the wildlife, will affect ability to maintain well water and increase the potential for passerbys to trespass on to her farm property. Commissioner Armstrong was commented on the increase in traffic on E. Railroad, Measure M and the Hwy 101 on/off ramp. Commissioner Ahanotu talked about Public Safety needs for new population and encouraged Ms. Lash to meet with the developer for possible mitigation regarding safety issues. Commissioner Kilat commented on the following: • Growth Management allocations • CTS study — 06-07 rainy season lower than normal; studies many not be adequate • Noise during and after construction • Traffic impacts Railroad Avenue and reconfiguration of Bodway • Water Supply Assessment • Traffic counts need to be based on current figures • EIR must also consider the 25 acres of project that will remain in the County • Important that numbers from table in binder match the numbers in the table in EIR Ms. Rich gave the staff report. She stated that the project for a 2812 square foot expansion the existing church was approved unanimously by the Planning Commission on April 12, 2007. Subsequent to the hearing the applicant met with the City Engineer and other staff members to discuss conditions of approval. Specifically, engineering conditions 6c. and 6d. Ms. Rich reported that the City Engineer agreed that with respect to condition 6c., the required concrete sidewalk along Camino Corto would be premature at this time since there is no proposal for development on this site, however, future development requests would trigger the requirement to reconstruct the current gravel sidewalk to meet current City Standard. The Engineer also agreed that with respect to condition 6d. the requirement for a connecting driveway between the church and the neighboring property to the north, would not prevent autos from having to circle through the parking lot and onto Snyder Lane during busy holiday Sundays. Ms. Rich recommended that the Planning Commission revise Resolution 2007-009 to remove Engineering conditions of approval 6c. and 6d. A motion was made by Commissioner Adams, seconded by Commissioner Callinan to accept staff recommendation and remove conditions of approval 6c. and 6d. from Resolution 2007-09. The motion passed with a 5-0 vote. Planning Commission Minutes June 14, 2007 Use Permit File No. PL2007-022UP Darrin Wade/Rohnert Park Towing Municipal Code Amendments File No. PL2007-021MC City of Rohnert Park Community Development Director, Ron Bendorff, gave the staff report. He stated that project involves the operation of storing impounded vehicles at the request of several local law enforcement agencies. The proposed operation would be capable of securely storing a minimum of thirty vehicles which will be fenced, gated and locked so as not to be accessible to the general public. Given the site's Industrial zoning, a use permit would be required for a "Vehicle Storage Yard to operate at this location. Mr. Bendorff reviewed the required findings for use permit approval and recommended that the Planning Commission approve File No. PL2007-022UP. The Commission briefly discussed the application and was concerned that applicant was not in attendance and available for questions. A motion was made by Commissioner Ahanotu to continue the item to the July 12'' meeting. Further discussion was held. Commissioner Ahanotu's motion was withdrawn. A motion was made by Commissioner Callinan, seconded by Commissioner Kilat to approve File No. PL2007-022UP with the following condition: No more than 35 vehicles shall be stored at the site. The motion passed with a 2-2 vote. (AYES: Kilat, Armstrong, Callinan, NOES: Ahanotu, Adams) Community Development Director, Ron Bendorff gave the staff report. He stated that Chapter 17.07.020, "Land Use Footnotes/Specific Provisions" contains provisions to establish standards for the approval, conditional approval or disapproval of particular uses that typically have unusual site development features or operating characteristics requiring the establishment of standards to ensure that the use is designed, located and operated compatibly with uses on adjoining properties and in the surrounding area. Section 17.07.020.R of the Code lists provisions which pertain to establishments that feature "On -sale and Off -sale Liquor'. Mr. Bendorff summarized the contents of this section. The original intent of these provisions was to ensure that an over concentration of establishments that offer alcoholic beverage sales is not created anywhere within City. Further, they were intended to (1) apply to all operations that feature alcoholic beverage sales in general, which includes beer and wine, and not just to the sale of "liquor" (i.e. distilled spirits), and (2) restrict alcoholic beverage consumption to eating establishments where meals are sold for on-site consumption. To better clarify the City's original intent, Mr. Bendorff offered the following revisions to Section 17.07.020R: 1. No establishments featuring on -sale or off -sale ligUGF establishments of alcoholic beverages shall be operated within a residential district. This restriction shall not apply to special event functions such as neighborhood or community festivals, provided all necessary city, state and other permits are secured. 2. No establishments featuring on -sale or off -sale ligUOF establishment of alcoholic beverages shall be operated within a radius of five hundred from 4 Planning Commission Minutes June 14, 2007 other establishments featuring on -sale or off -sale liquor e6tabl,shMen4 of alcoholic beverages or any pre-school, elementary, secondary or high school, public park, playground, recreational center, day care center, or other similar use. This restriction shall not apply to the following uses: a. For off -sale of alcoholic beverages, rRetail markets having a minimum of ten thousand square feet of floor area which devote no more than five percent of such floor area to the sale, display and storage of alcoholic beverages. b. For on -sale of alcoholic beverages, rRestaurants which derive a minimum of fifty-one percent of their gross receipts from the sale of meals for on -premises consumption; and c. Special event functions such as neighborhood or community festivals, provided all necessary city, state and other permits are secured. Mr. Bendorff further noted that exemptions to the distancing requirements are allowed in Municipal Code Section 17.07.020.R for retail markets over ten thousand square feet in size with small alcoholic beverage sales areas, restaurants that derive most of their gross receipts from the sale of meals, and special event functions with proper permitting. The second exemption applies to "sit down" restaurants that offer alcoholic beverages for on -premises consumption of meals, and was never intended to permit the off -sale of alcohol at such establishments. The proposed revisions to Municipal Code Section 17.07.020.R would clarify this intent. It is also important to clarify that retail markets over 10,000 square feet in size may be exempted from the distancing requirements only for the off -sale of alcoholic beverages. The proposed revisions would clarify this as well. Based on the findings of his report, Mr. Bendorff recommended that the Planning Commission, by motion adopt Planning Commission Resolution No. 2007-17, Recommending Approval of File No. PL2007-021 MC, proposed amendments to Section 17.07.020.R of the Rohnert Park Municipal Code regarding on -sale and off -sale of alcoholic beverages, to the City Council. Commissioner Kilat was concerned that the requirement for no on -sale or off sale liquor establishment within five hundred feet of any "pre-school, elementary, secondary or high school' did not provide wording to include a university or college level institution as well. It was noted that because students are of age of at the college level a provision for inclusion was not made. The Commission was concerned regarding the exemption for restaurants that derive a minimum of fifty-one percent of their gross receipts from the sale of "meals" for on -premises consumption. A discussion was held about the intent of "the sale of meals". It was suggested that clarification be provided to exclude the potential for 7-11" style dining. A change to the language was agreed upon to clarify that restaurants exempted from the distancing requirements restaurants are ones which offer meals for on -premises consumption throughout the hours of operation. Art Sweeney from the Department of Public Safety was recognized and answered a few questions regarding alcohol related activity in Rohnert Park. A motion was made by Commissioner Ahanotu, seconded by Commissioner Callinan to adopt Resolution No. 2007-17, recommending approval of File No. PL2007-021 MC, proposed amendments to Section 17.07.020R of the Rohnert 5 Planning Commission Minutes June 14, 2007 1" . L_'J " A I. ___ hairperson -Y ecording Clerk Park Municipal Code regarding on -sale and off -sale of alcoholic beverages, to the City Council with the following addition; add to 2.b. For on sale of alcoholic beverages, restaurants which derive a minimum of fifty-one percent of their gross receipts from the sale of meals for on -premises consumption throughout the hours of operation. The motion passed with a 5-0 vote. Matters From None Commissioners Matters from Planning Mr. Bendorff reported on the following: Staff • The are no items pending for the next (6/28/07) meeting. • July 12, 2007 meeting: Amendments to Municipal Code regarding Commercial/residential use — Capital Improvement program budget review for general plan conformity • Next Council — Amendments to Municipal Code regarding alcohol beverage sales. Adjournment There being no further business, Chairperson Adams adjourned the meeting at 8:40 PM until Thursday, June 28, 2007 or July 12, 2007 1" . L_'J " A I. ___ hairperson -Y ecording Clerk