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2007/07/12 Planning Commission Minutes0000 ROHNERT PARK PLANNING COMMISSION MINUTES THURSDAY, July 12, 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 Vice -Chairperson Kilat presiding. Call To Order Vice -Chairperson Kilat 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 (3) Commissioners: Commissioner Armstrong, Commissioner Ahanotu and Commissioner Kilat were present. Commissioner Callinan and Commissioner Adams were excused. Community Development Director, Ron Bendorff and Recording Clerk, Suzie Azevedo were present. Approval of Minutes A motion was made by Commissioner Armstrong, seconded by Commissioner Ahanotu to approve the minutes of the June 14, 2007 as presented. The motion carried with a 3-0 vote. Acknowledgement of Vice -Chairperson Kilat 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 Municipal Code Community Development Director, Ron Bendorff gave the staff report. He stated Amendments that Article II of Chapter 17.06 of the Rohnert Park Municipal Code ("RPMC") contains the land use regulations that pertain to the City's commercial zoning File No. PL2007-023MC districts, and Section 17.06.060 of this Article lists the permitted and conditionally - permitted uses that are allowed within each district. Mr. Bendorff noted that the City of Rohnert Office Commercial (C -O), Neighborhood Commercial (C -N), and Regional Park/Siamok Taromi/The Commercial (C-R) District regulations allow only limited types of residential Tarom Group development by use permit (e.g. senior housing projects in all three and live/work projects only in the C -N and C-R Districts), whereas the Mixed Use (M -U) District regulations (found in Article IV of the RPMC) allow for combined commercial/residential, or "mixed use" developments. Further, Mr. Bendorff reported that live/work projects require that the operator of the commercial space also live in a residential unit on the same property, while a mixed use project allows the residential and commercial components to be rented or sold to separate parties. The "Vineyards" project at 5210 Country Club Drive is located within a C -N District and was developed as a live/work project, as stipulated by the project's latest use permit that was granted by the Planning Commission in February, 2006 (Planning File: PL2003-062UP as amended). Mr. Bendorff stated that the project's developer, the Tarom Group, has experienced some difficulty in finding tenants for the project and has proposed redefining the project as a mixed use Planning Commission Minutes July 12, 2007 one that would allow the residential and commercial spaces to be rented or sold independently of one another. As explained above, this type of arrangement is not currently allowed in the C -N District, so the applicant has requested that the land use list for the C -N District be amended to allow mixed use projects. Mr. Bendorff suggested that if this approach is considered, a use permit should be required to allow the City sufficient review over any mixed-use proposal in a commercial district. Furthermore, this request provides an opportunity to revisit the matter of allowing residential uses in not only the C -N District, but also in the C -O and C-R Districts, so as to further promote smart growth principles in new developments and to encourage the efficient use of commercial infill sites throughout the City. Mr. Bendorff outlined the proposed amendments as follows Amendment would add the following land use category to the list of permitted uses found in Section 17.06.060 of the Municipal Code: "Residential uses as a part of a mixed use project when located above a nonresidential use." The amendments would furthermore stipulate that this land use category is a conditionally -permitted one in the C -O, C -N, and C-R Districts. This would allow for mixed-use commercial/residential projects to be developed in the C -O, C -N and C-R commercial districts if a use permit is granted by the Planning Commission, provided the residential uses are situated above the commercial ones. Section 17.06.040 (Purpose) would also be amended to reflect the allowance of mixed use projects in the commercial districts. Mr. Bendorff noted that residential projects that are not associated with a commercial component would not be permitted in the commercial districts. Mr. Bendorff briefly summarized the approach that other communities in Sonoma County have taken regarding this matter. Discussion between staff and the Commission was held. The main concern was that the changes to the zoning ordinance and the applicant's request be considered separately. Commissioner Ahanotu stressed the importance of the applicant obtaining separate approval. Also of concern was the idea that the request being made by a single applicant for a specific project could set precedence for other such requests when a project outcome is less than desireable. Mr. Bendorff assured the Commission that the request provides an opportunity to revisit the matter of allowing residential uses in not only the C -N District, but also in the C -O and C-R Districts, so as to further promote smart growth principles in new developments and to encourage the efficient use of commercial infill sites throughout the City and is not just intended to benefit the applicant. It also would bring the City of Rohnert park in line with all of the other communities. Mr. Ron Bart, the applicant, was recognized. He stated that they understand that an application needs to be submitted for their project should the commission approve the amendments this evening. A motion was made by Commissioner Kilat, seconded by Commissioner Armstrong to approve the proposed amendments with the following change: "residential uses as a part of a mixed use project when located in the same building as a nonresidential use. The motion passed with a 2-1 vote (AYES: 2. Planning Commission Minutes July 12, 2007 Capital Improvement Program Budget Review for General Plan Conformity Development Agreement Review File Nos PL2003- 032DA/PL2003-033DA City of Rohnert Park Armstrong, Kilat; NOES: Ahanotu Mr. Bendorff gave the staff report. He stated that the City's Capital Improvement Program (CIP) is a document addressing the long-term capital improvement needs of the City. The CIP also provides associated operating costs for individual projects and can be used as a tool for addressing future City operational and program issues. The CIP provides a relatively long-term (five-year) strategy for physical facility and infrastructure investment, to be approved annually in concept by the City Council. Year One of the CIP is intended to be incorporated into the City's annual budget. Mr. Bendorff noted that Section 65401 of the California Government Code requires the Planning Commission to report to the City Council as to the conformity of the upcoming fiscal year's proposed projects with the City's adopted General plan. The Commission's review is limited to the General Plan conformity matter and is not intended to be an analysis of the projects listed in the CIP. Mr. Bendorff summarized the 2007-2012 Capital Improvement Program projects by area. Based on the analysis and findings of his report, Mr. Bendorff recommended that the Planning Commission, by motion adopt Planning Commission Resolution No. 2007-16, reporting to the City Council that the draft Five Year Capital Improvement Program Budget FY 2007-2012 conforms to the Rohnert park General Plan 2000. Following a brief discussion, a motion was made buy Commissioner Kilat, seconded by Commissioner Armstrong, to adopt Planning Commission Resolution No. 2007-16, reporting to the City Council that the draft Five Year Capital Improvement Program Budget FY 2007-20012 conforms to the Rohnert Park General plan 2000. The motion passed with a 3-0 vote. Community Development Director, Ron Bendorff, gave the staff report. He reported that In 2002, the Planning Commission and City Council approved an independent senior living and wellness campus near the northeasterly corner of Rohnert Park Expressway and Snyder Lane know as Oak View Senior Living. The property lease agreement between the applicant and the City required both parties to enter into a Development Agreement that shall provide specific requirements about the facilities to be constructed by the applicant, the time frame in which construction is to be completed and to delineate the responsibilities of the applicant and city with respect to completion of the Campus project. In response the applicant/developer prepared two DAs: one for the first phase and the other for the subsequent phase(s) of the developments. Mr. Bendorff further reported that Section 17.21.050 of the Municipal code requires that each DA be reviewed at least once every twelve months, and the review period shall be specified in the agreement. Section V.F.1 of the development agreements specifies that "good faith compliance" with the terms of the DA by developer shall be reviewed by the Planning Commission at the regularly. scheduled Planning Commission meeting next following each annual anniversary of the effective date. Mr. Bendorff reviewed the terms of the agreements and noted that the developer is in good faith compliance with all of the terms and conditions set forth and recommended that the Planning Commission accept and file this report, thereby acknowledging compliance with the development agreements executed. The consensus of the Commission: accept and file the report as presented. 3 Planning Commission Minutes July 12, 2007 Matters From Commissioner Armstrong updated the Commission on the progress being made Commissioners by the Creeks Master Plan Subcommittee. There are many exciting and new projects with regard to the creeks that are being discussed ie improvements to the Southern Laguna watershed and Copeland Creek. All agencies are working well together. Matters from Planning Staff Adjournment Mr. Bendorff reported on the following: • There are no items pending at this time for the next (7/26/07) meeting. • Stadium Area EIR — comment session will be held first meeting in August. • Greenbelt Alliance Report — RP #7 in smart growth. There being no further business, Vice -Chairperson Kilat adjourned the meeting at 8:15 PM until Thursday, July 26, 2007 or August 9, 2007. A 01 - , - k�! rperson �A-W h, ( 4" Recording Clerk 4