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2007/08/09 Planning Commission Minutes400� ROHNERT PARK PLANNING COMMISSION MINUTES THURSDAY, August 9, 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. Acting Chairperson Callinan presiding. Call To Order Acting Chairperson Callinan 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 Callinan were present. Commissioner Adams and Commissioner Kilat were excused. Senior Planner, Maureen Rich and Recording Clerk, Suzie Azevedo were present. Approval of Minutes The minutes of the regularly scheduled meeting of July 12, 2007 meeting will be presented for approval at the next regularly scheduled Planning. Commission meeting. Acknowledgement of Acting Chairperson Callinan 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 Use Permit Senior Planner, Maureen Rich gave the staff report. The request if for a Conditional Use permit for a 4,445 square foot Studio, (e.g., Dance, Martial Arts) File No. PL 2007-026UP and incidental sales of retail products associated with martial arts located at 1300 Valley House Drive, Suite 110. The proposed martial arts studio would be John located inside an existing 130,000 square foot, single story structure, Building 2) Pecoraro/Pecoraro's at the site of the proposed Sonoma Mountain Village. The site is currently zoned Martial Arts & Fitness . I -L -Limited Industrial, where studios for dance and martial arts are conditionally permitted. Ms. Rich gave a brief summary of the Sonoma Mountain Village campus and indicated that the proposed martial arts studio will consist of a lobby and waiting room, a large room in which to conduct classes, two offices, an area that will offer sales of retail products related to martial arts and a storage closet. The proposed hours of operation would be Mondays through Fridays from 9 am to 12:00 pm and 3:00 pm to 9:00 pm. Three instructors would teach up to two classes each per day and each class could contain up to 20 students. The total number of students per day could reach 120; however only one class at a time would be conducted. Ms. Rich noted that the campus contains a substantial supply of parking. In conclusion, Ms. Rich stated that staff has not identified any issues with the proposed Martial Arts use and recommended approval. Acting Chairperson Callinan opened the public hearing. Commissioner Armstrong asked about conflict of interest due to close proximity of his residence to the Sonoma Mountain Village site. In this instance there is no Planning Commission Minutes August 9, 2007 Comment Session Stadium Area Master Plan Draft EIR conflict and this subject will be addressed during Item#3 of the agenda. The applicant John Pecoraro was recognized. He is moving his martial arts studio from current location on Southwest Blvd. to the Sonoma Mountain Village Campus and would be available for any questions the Commission might have. Acting Chairperson Callinan closed the public hearing. After a brief discussion, a motion was made by Commissioner Ahanotu, seconded by Commissioner Armstrong, to adopt Planning Commission Resolution No. 2007-20 approving a Conditional use Permit for Pecoraro's Martial Art and Fitness, Inc. located at 1300 Valley house Drive, Suite 110. The motion passed with a 3-0 vote. Ms. Rich reported that the Stadium Master Plan Draft EIR was released on June 29, 2007, beginning a 45 day public review period which is set to end on August 14, 2007. Section 15087(i) of the California Code of Regulations Title 14, Chapter 3 (CEQA Guidelines) states that: [p]ublic hearings may be conducted on the environmental documents (e.g. a Draft EIR), either in separate proceedings or in conjunction with other proceedings of the public agency. Public hearings are encouraged, but not required as an element of the CEQA process. Ms. Rich noted that the Planning Commission has typically conducted these optional, comment sessions in order to increase the project visibility and provide additional opportunity for input. The City's EIR consultant is in attendance to address questions that may arise as related to the EIR process. However, questions related to the project's merit will be postponed until the project is under consideration. After this public comment session, the EIR consultant will prepare a Final EIR "Response to Comments" document in accordance with Section 15088 of the California Code of Regulations Title 14, Chapter 3. Anders Hauge, the City's EIR Consultant was recognized. He gave a brief presentation as follows: CEQA *California Environmental Quality Act *Purpose Disclose significant environmental effects Avoid or mitigate significant environmental effects, where feasible CEQA PROCESS *Draft EIR circulation began — June 29th *Planning Commission Hearing — August 9th *Comments due — August 14th *City Council consideration of EIR and Project — November 2007 2 Planning Commission Minutes Auaust 9. 2007 HEARING PROCESS *Listen and record environmental comments on the DEIR *Accept written comments *Responses to environmental comments will be provided in the Final EIR *Comments on the project (not environmental comments) will be considered by the City as part of Project review PROJECT LOCATION *South of Business Park Drive *West of Redwood Drive •North of Hinebaugh Creek *East of Labath Avenue PROJECT SITE *Parcel A - High Density Residential and Park *Parcel C - High Density Residential *Parcel D - Commercial (Regional) PROJECT ACTIONS *Adopt Stadium Area Master Plan •Amend the General Plan and Map *Amend the Zoning Map *Adopt Development Agreement PROJECT USES •Regional Commercial - 15.7 acres / 140,000 square feet of building area *High Density Residential - 13.6 acres / 326 to 338 housing units *Park - 0.5 acres UNAVOIDABLE IMPACTS *Air quality - Impacts from increased vehicle miles traveled *Noise - Impacts on residential uses and noise sensitive outdoor areas *Traffic and Circulation - Impacts from additional vehicles on U.S. 101 SUBMIT COMMENTS •MAUREEN RICH, SENIOR PLANNER *City of Rohnert Park *Planning Division 96750 Commerce Boulevard •Rohnert Park, CA 94928 Discussion was held between Commissioners and staff. Some key points discussed: • Addressing Car vs foot traffic • Noise • Traffic circulation { Planning Commission Minutes August 9, 2007 Presentation on Conflict of Interest Assistant city Attorney, Ben Winig presented the following information regarding Conflicts of Interest: The Brown Act • The purpose of the Brown Act is to guarantee the public's right to attend and participate in meetings of local legislative bodies Entities Covered by the Brown Act • City Councils • City and County Boards and Commissions • Any body of a subject entity, including standing committees Mr. Wining touched briefly on the following subtopics: • The Brown Act Applies to Meetings of covered Entities • E-mail and the Brown Act • Types of Meetings and Brown Act Meeting Requirements • Meeting Location • Meeting Agenda Requirements • Notice Requirements • Public Comment • Closed Sessions • Violation of the Brown Act Regarding Conflicts of Interest, Mr. Wining provided the following: • The goal of conflict of interest laws is to promote public confidence in public agencies and to ensure that public officials act impartially in conducting their duties • Conflict laws protect against both actual impropriety and the appearance of impropriety. • The Political Reform Act — No political official at any level of state or local government shall make, participate in making or in any way attempt to use their official position to influence a governmental decision in which they know or should know they have a financial interest. • A public official has a financial interest in a decision if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official or one or more of his/her economic interests. • Public officials, including planning commissioners, must disclose economic interests to inform the public of any personal economic or political interests that may be affected during public officials' performance of their official duties. • Disclosure must be made upon assuming office, on an annual basis while in office, and upon leaving office. • Economic interest which must be disclosed include: interests in real property, investments, business positions, sources of income, gifts • Potential disqualification includes: investment in a business entity of $2,000 or more; interest in real property of $2,000 or more, source of income of $500 or more within the last 12 months; receipt of a gift worth $36 or more from one source within the last 12 months. 4 Planning Commission Minutes Auaust 9, 2007 • BIAS — due process requires a decision maker to be fair and impartial without a preconceived or unalterable view of the outcome of the proceeding. However, this does not preclude a decision maker from airing opinions about issues or specific projects that are of importance to the community at large. Matters From Commissioners requested that the Planning Department look into possible Muni Commissioners Code violations related to signs along Rohnert Park Expressway, weeds in the planter areas of the city library parking lot and stockpiled dirt in the RP Golf Course parking lot Matters from Planning Ms. Rich reported on the following: Staff • The regularly scheduled meeting of August 23`d has been cancelled. Adjournment There being no further business, Acting Chairperson Callinan adjourned the meeting at 8:00 PM until Thursday, September 13, 2007.