2020/08/27 Planning Commission Agenda Packet
City of Rohnert Park
Planning Commission
NOTICE IS HEREBY GIVEN THAT A MEETING
will be held on Thursday August 27, 2020
6:00 P.M.
* COVID-19 NOTICE *
Consistent with Executive Orders No. N-25-20 and No. N-29-20 from the Executive Department
of the State of California and the Sonoma County Health Official’s March 17, 2020 and March
31, 2020 Shelter in Place Orders, the Planning Commission Meeting will not be physically
open to the public and Planning Commissioners will be teleconferencing into the meeting via
Zoom Video Communications software.
How to observe the Meeting:
To maximize public safety while still maintaining transparency and public access, members of
the public can observe the meeting on Cable Channel 26 or by visiting meeting central on our
website https://www.rpcity.org/city_hall/city_council/meeting_central
How to submit Public Comment:
Members of the public may provide public comment by sending comments to the Recording
Secretary by email at planning@rpcity.org. Comments are requested by 3:00 p.m. on the day of
the meeting, but can be emailed until the close of the Agenda Item for which the comment is
submitted. Email comments must identify the Agenda Item Number in the subject line of the
email and should be a maximum of 350 words, which corresponds to approximately 3 minutes of
speaking time. The comments will be read for the record, with a maximum allowance of 30
minutes of total public comments, subject to the Chair’s discretion. If a comment is received
after the agenda item is heard but before the close of the meeting, the comment will still be
included as a part of the record of the meeting but will not be read for the record or considered in
connection with the agenda item.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL (Blanquie____Borba____Giudice____Haydon_____Orloff____)
4. PUBLIC COMMENT – Persons who wish to speak to the Commission regarding an
item that is not on the agenda may do so at this time. Please see above for details on how to
submit public comments.
5. CONSENT CALENDAR - ADOPTION OF MINUTES
5.1 Approval of the Draft Minutes of the Planning Commission Meeting of July 23,
2020
Commissioner Motion/Roll Call Vote:
(Borba_____Guidice_____Orloff_____Haydon_____Blanquie_____)
6. AGENDA ITEMS
6.1 PUBLIC HEARING –ADMINISTRATIVE USE PERMIT – File No.
PLAP20-0007 – Lili Shan – Consideration of Resolution denying an Administrative Use
Permit for the conversion of the garage for purposes of workout space located at 1530
Marcel Place (APN 047-600-048)
CEQA: This project is categorically exempt from the California Environmental Quality
Act, pursuant to Public Resources Code Section 15270 (Class 5 – Projects which are
disapproved).
Commissioner Motion/Roll Call Vote:
(Borba_____Guidice_____Orloff_____Haydon_____Blanquie_____)
6.2 INFORMATIONAL ITEM: Old Caz
7. ITEMS FROM THE PLANNING COMMISSION
8. ITEMS FROM THE DEVELOPMENT SERVICES STAFF
9. ADJOURNMENT
NOTE: If you challenge the nature of the proposed action in court, you may be limited to
raising only those issues you or someone else raised at public hearing(s) described in this agenda,
or in written correspondence delivered to the City of Rohnert Park at, or prior to the public
hearing(s).
AMERICAN DISABILITY ACT ACCOMMODATIONS: In compliance with the Americans
with Disabilities Act, if you need special assistance to participate in this meeting please call
(707) 588-2231. Notification 72 hours in advance of the meeting will enable the City to make
reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102.35.104 AD Title
III).
CERTIFICATION OF POSTING OF AGENDA
I, Kelsey Nguyen, Administrative Assistant, for the City of Rohnert Park, declare that the
foregoing notice and agenda for the August 27, 2020 Planning Commission Meeting of the City
of Rohnert Park was posted and available for review on August 21, 2020 at Rohnert Park City
Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is available on the City
of Rohnert Park’s website at www.rpcity.org.
Signed this 21st day of August, 2020 at Rohnert Park, California.
/s/
Appeals of any decisions made tonight must be received by the Planning Division within 10
days and no later than 5:00 p.m. on September 7, 2020.
Minutes of the Planning Commission Meeting
of the City of Rohnert Park
Thursday, July 23, 2020
6:00 P.M.
130 Avram Avenue, Rohnert Park
1. CALL TO ORDER
Chairperson Blanquie called the regular meeting to order at 6:00 p.m.
2. PLEDGE OF ALLEGIANCE
Led by Chairperson Blanquie.
3. ROLL CALL
Present: Daniel A. Blanquie, Chairperson
John E. Borba, Commissioner
Susan Haydon, Vice Chair
Marc Orloff, Commissioner
Absent: Gerard Giudice, Commissioner
Staff attending via Zoom Video Communications: Assistant City Attorney, Sergio Rudin,
Director of Development Services, Mary Grace Pawson, Planning Manager, Jeff
Beiswenger, Planner III, Jenna Garcia, and Recording Secretary, Jennifer Sedna.
Staff present: IS Analyst, Mike Son.
4. PUBLIC COMMENT
None.
Commissioner Borba joined the meeting at 6:03 pm.
5. CONSENT CALENDAR - ADOPTION OF MINUTES
5.1 Approval of the Draft Minutes of the Planning Commission Meeting of June 25,
2020.
ACTION: Moved/seconded (Orloff/Haydon) to approve the Draft Minutes of the
Planning Commission Meeting of June 25, 2020.
Motion carried by the following unanimous (4-0-1) roll call vote: AYES:
Blanquie, Borba, Haydon, and Orloff; NOES: None; ABSTAIN: None; ABSENT:
Giudice.
6. AGENDA ITEMS
6. 1 PUBLIC HEARING – ADU MUNICPAL CODE AMENDMENTS – File No.
PLMC20-0001 – City of Rohnert Park – Consideration of Resolution No. 2020-
008 Recommending to the City Council Amendments to Rohnert Park Municipal
Code Title 17 - Zoning with Respect to Accessory Dwelling Units and Junior
Accessory Dwelling Units, Including Amendments to 17.07.020(X) (Footnotes),
17.10.060 (Accessory Structures), 17.16.040 (Parking Exemptions) and 17.04.030
(Definitions of Words and Terms.)
Housing Specialist, Jenna Garcia, presented the item, and answered questions from the
Commission including: if two ADUs were permitted on a single-family lot; the reason for
the amendments to the square footage limit from the City’s current ordinance; and, if
only residentially-zoned property can have ADUs. Recommended Action(s): adopt
Resolution No. 2020-008 recommending to the City Council Amendments to Rohnert
Park Municipal Code Title 17 - Zoning with Respect to Accessory Dwelling Units and
Junior Accessory Dwelling Units, Including Amendments to 17.07.020(X) (Footnotes),
17.10.060 (Accessory Structures), 17.16.040 (Parking Exemptions) and 17.04.030
(Definitions of Words and Terms).
Staffperson Beiswenger answered questions from the Commission including: the average
apartment size in the City; the height limit of ADUs and the average height of two-story
units; if it’s possible to have ADUs with two stories, and the reason to not allow two
stories; if an additional ADU can be added above a garage-converted ADU; and,
reasonable accommodations.
City Attorney, Sergio Rudin, answered questions from the Commission including: ADA
parking requirements, and ADU and JADU passageway requirements.
Public Hearing Opened.
No Comment.
Public Hearing Closed.
ACTION: Moved/seconded (Borba/Orloff) to adopt Resolution No. 2020-008
recommending to the City Council Amendments to Rohnert Park Municipal Code
Title 17 - Zoning with Respect to Accessory Dwelling Units and Junior Accessory
Dwelling Units, Including Amendments to 17.07.020(X) (Footnotes), 17.10.060
(Accessory Structures), 17.16.040 (Parking Exemptions) and 17.04.030
(Definitions of Words and Terms.).
Motion carried by the following unanimous (4-0-1) roll call vote: AYES:
Blanquie, Borba, Haydon, and Orloff; NOES: None; ABSTAIN: None; ABSENT:
Giudice.
6.2 MID-YEAR PLANNING PROJECT UPDATES
Planning Manager, Jeff Beiswenger, presented the item. Recommended Action(s):
receive the Mid-Year Planning Project Update.
ACTION: The Commission received the Mid-Year Planning Project Update and
asked questions including: the location of roads in the Southeast Specific Plan; the
agricultural and open space plans in SOMO Village; agreements for the
entitlements for the Station Avenue project, if the applicant is required to report to
the City, if the applicant is in breach of any agreement with the City, and the
purchase of the lot with the City’s utility building; if the developer/builder of
Bella Creek has changed, if they have completed other projects locally, and the
timeline for the project; details on the grading and activity behind the Press
Democrat; if the existing Straus building came to the Planning Commission for
approval, if other tenants occupy the property, and if Straus is open; the number
of hotels in the City and if there is a concern about the number of total beds from
the proposed hotels; the status of the billiards business; if there are any applicants
for commercial or industrial developments; if there are any prospective restaurant
applicants; and, the plans for the North corner of Keiser property.
Staffperson Pawson joined the meeting to answer questions regarding the North corner of
the Keiser property regarding the new fence.
7. ITEMS FROM THE PLANNING COMMISSION
Commissioner Haydon requested that the PowerPoint for Item 6.1, ADU amendments, be
made accessible on the City’s website.
8. ITEMS FROM THE DEVELOPMENT SERVICE STAFF
None.
9. ADJOURNMENT
Chairperson Blanquie adjourned the regular meeting at 7:53 p.m.
____________________________________ ___________________________________
Daniel A. Blanquie, Chairperson Jennifer Sedna, Secretary
Page 1
CITY OF ROHNERT PARK
PLANNING COMMISSION STAFF REPORT
Meeting Date: August 27, 2020
Item No: 6.1
Prepared By: Suzie Azevedo, Planner I
Agenda Title: PLAP-20-0007, Administrative Use Permit, Garage Conversion
Location: 1530 Marcel Place (APN 047-600-048)
GP/Zoning: R-L: Low Density Residential
Applicant/Owner: Lili Shan, 6078 Della Court, Rohnert Park
RECOMMENDED ACTION: Staff recommends denial of the Administrative Use Permit for
the proposed garage conversion, located at 1530 Marcel Place. An Administrative Use Permit is
required for a garage conversion in the R-L, Low Density Residential zoning district.
BACKGROUND: The project site is located in the “M” Section neighborhood of Rohnert Park
and surrounded by Canon Manor to the east, R-H, High Density Residential to the west, R-L,
Low Density Residential to the north and Sonoma Mountain Village Planned Development to the
South. The subject property is a 5300 square foot parcel and is developed with a 2800 square
foot, two story, 3-car garage single family residence. Figure 1: Area Zoning shows the
surrounding land uses of the site.
1530 Marcel Pl
Page 2
Proposal
The applicant, Lili Shan, is proposing to convert a portion of the garage to accommodate a
dedicated workout space for current residents. Per Rohnert Park Municipal Code (RPMC)
Section 17.16.040, the granting of an Administrative Use permit for a garage conversion is
required in accordance with the provisions of Section 17.25 Article V if the following standards
can be met:
1. The principal use of the lot is an existing single-family residence without an accessory
dwelling unit;
2. The garage conversion shall require that the resulting eliminated off-street covered
parking be replaced with one non-tandem parking space per lot, other than those existing
in the driveway;
3. Such replacement space may be located in the required front yard or street side yard if
the planning manager finds that in so doing there is neither an appreciable impairment of
pedestrian safety nor any reduction in the attractiveness of the neighborhood. In no case
shall the replacement space cause more than fifty percent of the lot's front yard to be
devoted to parking;
4. Such replacement space shall not be rented;
5. Such replacement space shall be paved with an approved, all-weather surface;
6. The provision and maintenance of such replacement space shall be the continuing
obligation of the property owner;
7. No more than one additional room, exclusive of closets and similar appurtenant spaces,
shall be created by a garage conversion;
8. The garage door shall remain in place and look functional; and
9. The lot must be a minimum width of fifty feet and there must be room for at least one on-
street parking space on the curb in front of the lot.
Further, Article V. Administrative Use Permit establishes procedures for the approval,
conditional approval or disapproval of an administrative permit when required by this section.
Section 17.25.052 states the following:
17.25.052 – Notice. The owners of properties contiguous to the project site shall be
provided notice of the application a minimum of ten calendar days prior to action being
taken on the application. If one of more of the neighboring property owners express
opposition to the application, the Planning Manager shall refer the application to the
Planning Commission for review if the concerns cannot be resolved.
A notice was mailed to property owners as required by the RPMC Section 17.25.052, noted
above. Several letters (7) (Attachment 3) were received, all in opposition of the proposed garage
conversion. Complaints ranged from the property operating as a “defacto fraternity house” to
excessive noise, marijuana use, excessive garbage and offensive odors. Further investigation
into concerns outlined by the surrounding neighbors prompted staff to reach out to Public Safety
to determine if any public safety activity had been recorded on the property. A total of 16 public
safety calls were made to the residence between August 2019 and July 2020, see attached.
Page 3
ANALYSIS: In order to approve an Administrative Use Permit, the City must make certain
findings, including that the use is consistent with the purposes of the underlying zoning district,
that the use will not be detrimental to public health, safety and welfare, materially injurious to
neighboring properties and that operation and the proposed use complies with each of the
applicable provisions of Title 17, Zoning.
In this case, the applicant has been operating the current proposed use in violation of the Rohnert
Park Municipal Code, which has generated numerous complaints and concerns, as noted. As
evidenced by the complaints to both Public Safety and emails received from nearby neighbors,
staff believes the garage conversion at this location is detrimental to the public welfare in this
area, is injurious to the peaceful enjoyment of property, and is not compatible with the
surrounding residential neighborhood. Residential districts are designed to protect residential
properties from excessive noise, illumination, unsightliness, odors, smoke, vibration and other
objectionable influences. Based on the complaints received thus far, the proposed use would
seem too concentrated, incorrectly sited and oriented (in relation to adjoining residential space)
and too intensive to be compatible with the surrounding residential properties, as it would allow
a garage space to be used as a gym creating additional noise in a residential neighborhood.
Administrative Use Permits are typically under the direction and authority of the Planning
Manager, unless as previously mentioned, one or more of the neighboring property owners
express opposition to the application, in which case the Planning Manager shall refer the
application to the Planning Commission for review if the concerns cannot be resolved. As
demonstrated by the existing complaints about the use, it appears that impacts related to noise
and other potential concerns cannot be effectively minimized in order to effectively integrate the
use within the adjacent residential environment. Based on the aforementioned and as set forth in
Attachment 1, the proposed Resolution, staff recommends denial of this application as the
required findings for approval cannot be made.
Staff would like to note that decisions made by the Planning Commission may be appealed to the
City Council. Appeals of the decisions of the planning commission shall be initiated within ten
calendar days from the date of the decision.
ENVIRONMENTAL DETERMINATION: This project is categorically exempt from the
California Environmental Quality Act, pursuant to Public Resources Code Section 15270 (Class
5 – Projects which are disapproved).
PUBLIC NOTIFICATION: This item has been duly noticed by publication in the Community
Voice for the Administrative Use Permit hearing and posted at the prescribed locations in
Rohnert Park. Property owners within 300 feet of the project were mailed notices of the proposed
application.
Page 4
Planning Manager Approval Date: 08/19/20
Attachments (list in packet assembly order):
1. Planning Commission Resolution 2020-19
2. Applicant’s Submittal package
3. Letters received from surrounding property owners
4. Public Safety Activity – August 2019-July 2020
PLANNING COMMMISSION RESOLUTION NO. 2020-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA, DENYING AN ADMINISTRATIVE USE PERMIT FOR A
GARAGE CONVERSION LOCATED AT 1530 MARCEL PLACE
(FILE NO. PLAP20-0007),
(APN 047-600-048)
WHEREAS, the applicant, Lili Shan, filed Planning Application No. PLAP20-0007 for
an Administrative Use Permit for a garage conversion located at 1530 Marcel Place (APN 047-
600-048), in accordance with the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PLAP20-0007 was processed in the time and
manner prescribed by State and local law;
WHEREAS, pursuant to Rohnert Park Municipal Code (RPMC) Section 17.25.052, the
owners of properties contiguous to the project site shall be provided notice of the application a
minimum of ten calendar days prior to action being taken on the Administrative Use application.
If one or more of the neighboring property owners express opposition to the application, the
Planning Manager shall refer the application to the Planning Commission for review if the
concerns cannot be resolved;
WHEREAS, seven letters from neighboring property owners were received in opposition
of the Administrative Use application prompting review by the Planning Commission per
Section 17.25.052 as noted;
WHEREAS, public hearing notices were transmitted to all property owners within a
300-foot radius of the subject property and to all agencies and interested parties as required by
California State Planning Law, and a public hearing notice was published in the Community
Voice for a minimum of 10 days prior to the first public hearing;
WHEREAS, on August 27, 2020, the Planning Commission reviewed Planning
Application No. PLAP20-0007 at which time interested persons had an opportunity to testify
either in support of or opposition to the project; and,
WHEREAS, at the August 27, 2020, Planning Commission meeting, upon considering
all testimony and arguments, if any, of all persons desiring to be heard, the Commission
considered all the facts relating to Planning Application No. PLAP20-0007.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findings. The Planning Commission, in considering the Administrative
Use Permit, makes the following findings with regard to the factors required to be considered
under Section 17.25.053, based on the written staff report, oral and written testimony and any
other evidence in the record of the proceedings:
A. The proposed location of the conditional use is in accord with the objectives of the zoning
ordinance and the purposes of the district in which the site is located.
Consideration of Factor does not Support the Administrative Use Permit. Residential
districts are designed to protect residential properties from excessive noise, illumination,
unsightliness, odors, smoke, vibration and other objectionable influences. As
demonstrated by the existing complaints regarding the property, which have been and
could continue to be exacerbated by the proposed use in the garage, in close proximity to
the street, impacts related to noise and other potential concerns cannot be effectively
minimized in order to effectively integrate the use with adjacent residential properties.
B. That the proposed location of the Conditional Use and the conditions under which it
would be operated or maintained will be detrimental to the public health, safety or
welfare or materially injurious to properties or improvements in the vicinity, and the
operation and maintenance of the Conditional Use will not be compatible with the
surrounding uses.
Consideration of Factor does not Support the Administrative Use Permit. As evidenced
by complaints to both public safety and emails received from nearby neighbors, the
garage conversion and additional noise and other impacts due to that use at this location
is detrimental to the public welfare in this area, is injurious to the peaceful enjoyment of
property, and is not compatible with the surrounding residential environment.
Residential Districts are also intended to achieve a broad range of dwelling types which
meet the diverse economic and social needs of the residents; however with strict and
sound standards of public health and safety. Sixteen public safety calls were received
from August 2019 to July 2020.
C. The proposed Conditional Use will not comply with the applicable provisions of this title.
Consideration of Factor does not Support the Administrative Use Permit. As proposed the
garage conversion would not comply with the applicable provisions of this title as it
would not be of the use type that would be compatible with the existing surrounding
properties and would not ensure the standards of public health and safety due to the
ongoing public safety calls.
Section 3. Based on the findings set forth above and the inability to make the findings
required for an Administrative Use Permit in the Rohnert Park Municipal Code, the Planning
Commission does hereby deny Planning Application No. PLAP20-0007, Administrative Use
Permit for a garage conversion at 1530 Marcel Place, as reviewed at the August 27, 2020
Planning Commission meeting. This denial is based on the Planning Commission review of
Application No. PLAP20-0007 and the written staff report, oral and written testimony and any
other evidence in the record of the proceedings.
Section 4. This action shall not be deemed final until the appeal period has expired and
that the appeal period shall be ten (10) working days from the date of adoption of this resolution.
DULY AND REGULARLY ADOPTED on this 27th day of August, 2020 by the City
of Rohnert Park Planning Commission by the following vote:
AYES: _____ NOES: _____ ABSENT:_____ ABSTAIN:_____
BLANQUIE _____BORBA_____GIUDICE_____HAYDON____ORLOFF
Daniel Blanquie, Chairperson, Rohnert Park Planning Commission
Attest:
Jennifer Sedna, Recording Secretary
July 20, 2020
City of Rohnert Park
Planning Department
130 Avram Ave.
Rohnert Park, CA 94928-3126
Re: 1530 Marcel Place
PLAP20-0007
Dear Planning Department:
We are adamantly opposed to the conversion of the one-car garage to a room at 1530 Marcel Pl. Ever
since the current owners acquired this property they have rented out the home to numerous college
students which has caused our quality of life to diminish considerably. This residence is a 24 -7 party
house.
Just last Saturday we were awakened at 1:15am to a chorus of 3 kids vomiting in the backyard.
Unfortunately this is a sound we have come to hear far too often over the last 2 years. The noise levels
emanating from this property are high enough that we are awakened from a dead sleep multiple times a
night. They are yelling, loud talking, and playing loud music sometimes until 5 am. We are now very
familiar with several drinking games that involve drinking multiple shots followed by a round of yelling
as loud as possible. The yelling of the “fuck” word 10 times in a 20 second period is not uncommon.
The owner is cramming as many college students as he can into his rental for personal gain. While he
gains revenue we as homeowners for the last 23 years are having our quality of life destroyed. Our
health is deteriorating because of lack of nightly sleep, an inability to peacefully use our backyard or
even hear our TV because of the 24-7 unruliness of the residents. Adding another room to the house
will only contribute to increased noise levels. Are you aware that without this addition this is a 4
bedroom, 3 bath 2060 ft home? There is no need for an additional room in this residential
neighborhood. This is not a Fraternity neighborhood and we see that the Fraternity sign is being
displayed in a side window.
We have called the police, the owners, and talked with the tenants numerous times to no avail. The
behavior continues to exist making our lives absolutely miserable. There isn’t one planning
commissioner or City Council member that would tolerate this rental next door to them, let alone add
even more unruly occupants to an already intolerable situation.
Please be aware that this home has been a rental for at least the last 10 years, the problems only began
with the current owner whose only interest is to cram as many students as possible inside regardless of
the effect it will have on other community members. Neither the owners nor tenants have any respect
for the residents in this neighborhood. This disrespect is flaunted on a daily basis.
Please do not add to an already unbearable situation!
Sincerely,
Richard and Anita Felton
1525 Mathias Place.
Tim Riddle Construction
1529 Mathias Place Rohnert Park, CA 94928 Ph: 707-225-7527 Fax: 707-794-8517
timriddleconstruction@gmail.com
July 21, 2020
City of Rohnert Park
Planning Department
130 Avram Avenue
Rohnert Park, Ca 94928-3126
Re: 1530 Marcel Place
PLAP20-0007
Dear Planning Department,
As a local builder who has lived in and conducted business from my home for the last 23 years, I
vigorously oppose the conversion of the single family home into a garage. In fact, the conversion already
exists. The homeowner/landlord made the unpermitted conversion over a year ago. I know this because I
along with several of my neighbors walked over to that house last September in attempt to talk to the
tenants, SSU college students/fraternity brothers/lacrosse players. When we were on the front porch we
witnessed a door leading from inside the house to the one car garage. That door has been added, and I
know this because I have the exact same house and floor plan and copies of the original plans from the
builder. Upon our ringing the doorbell, an assumed tenant emerged from the room obviously just woken
up from sleep.
The house has been run as a de facto fraternity house, with endless parties and noise and vomiting
individuals at all hours of the night, every night including weeknights. The current tenants have no regard
for the nuisance that they are causing all of the neighbors, many of us who have lived here for 20+ years.
I am currently seeking legal advice on how to curtail all of this, as the Rohnert Park ordinances are too
weak to enforce the partying and subsequent noise to stop.
I certainly understand that the owner/tenant wants to maximize his rental income, but cramming more
people into an already bloated living space would be irresponsible. In fact I would hope that the City
would red tag and fine the violating homeowner/landlord and force them to convert it back.
The conversion already has an exterior window, and I am not sure if it meets code for egress.
One final point that I would make is that the parking is already strained on the street and adding another
room would most likely add another vehicle that would take up more parking.
I sincerely hope that you take my opposition to this conversion with consideration.
Sincerely,
Tim Riddle
____________________________________________________________________________________
Tim Riddle Construction
July 22, 2020
City of Rohnert Park
Planning Department
130 Avram Ave.
Rohnert Park, CA 94928-3126
Re: 1530 Marcel Place PLAP20-0007
Dear Planning Department:
We are vehemently opposed to the conversion of the one-car garage to a residential room at 1530 Marcel Pl.
Ever since the current owners acquired this property, they have rented out the home to numerous college
students and this has caused our quality of life to diminish considerably. This residence is a constant party
house.
Just last Saturday we were awakened at 1:15am to the delights of 3 kids vomiting in the back yard.
Unfortunately, this is a sound we have come to hear far too often over the last 2 years. The noise levels from
this property are high enough that we have been awakened from a deep sleep multiple times a night. There
is yelling, loud talking, and playing loud music, sometimes until 5 am. We are now unpleasantly familiar with
several drinking games that appear to involve drinking multiple shots followed by a round of yelling as loudly
as possible. The yelling of the word “fuck” 10 times in a 20 second period is not uncommon.
The owner seems intent on cramming as many college students as he can into his rental for his personal gain.
While he gains revenue, we, as homeowners for the last 23 years, are having our quality of life severely
undermined. Our health is deteriorating because of frequent lack of restful nights, an inability to peacefully
use our backyard or even hear our TV because of the persistent unruliness of the residents. Adding another
room to the house will only contribute to increased noise levels. This is a 4 bedroom, 3 bathroom 2060 ft2
home, so there is absolutely no need for an additional room in this residential neighborhood. This is not a
Fraternity neighborhood and yet we see that the Fraternity sign is being displayed in a side window.
We have called the owner, the police, and talked with the tenants numerous times, all to no avail. The
behavior continues, making our lives very unpleasant. No planning commissioner or City Council member
would tolerate this rental next door to them, let alone add even more unruly occupants to an already
intolerable situation.
This home has been a rental for at least the last 10 years, the problems only began with the current owner
whose only interest appears to be to cram in as many students as possible, regardless of the effect on other
community members. Neither the owner nor tenants have demonstrated the slightest respect for the
residents in this neighborhood. This flagrant disrespect continues unabated.
Please do not add to an already unbearable situation.
Sincerely,
Judy and Lynton Auld
1527 Mathias Place.
1
Sedna, Jennifer
From:Maria Thom <panamagirl2@sbcglobal.net>
Sent:Wednesday, July 22, 2020 9:08 PM
To:Planning
Cc:Mackenzie, Jake; Adams, Susan; Stafford, Pam; Belforte, Gina
Subject:Complaint re: Neighbor's Garage Conversion
EXTERNAL EMAIL
Good evening Rohnert Park Planning Department, City Council Members and Vice Mayor,
I am writing to you this evening in response to a letter I received from the planning department this week, in regards to the house next
door to mine at 1530 Marcel Place, Rohnert Park. The letter was a notice, numbered PLAP20-0007, stating that an administrative
permit application had been filed on that property for the conversion of a one-car garage to a room. Receiving this notice compelled me
to write to you, to enlighten you on what a nuisance this house has become in my neighborhood over the past two years, and to
respectfully request that the permit not be granted.
First of all, I have owned and lived in my home, with my family, at 1532 Marcel Place, since September 2005. I have seen many tenants
come and go from that residence since that time, beginning with home owners, and then various renters over the years. The residence
was sold most recently, two years ago, to Mr. Lawrence Kilpatrick. Up until that time, I did not experience any on-going issues with
excessive noise or other forms of disturbance of my peace from any families living there. And they were all FAMILIES: some with young
children, some with teenagers, some with dogs, some without pets. I never once had to call the police on ANY of them. Our cul-de-sac
was a quiet and peaceful place to live, save for the occasional parking issues.
Since buying the residence directly next door to mine, Mr. Kilpatrick has exclusively rented out the home to young men who are SSU
students. The first group of these boys moved in sometime in the fall of 2018. Despite being loud in their backyard in mild weather,
growing marijuana in large containers in the backyard, and the occasional inconsiderate parking jobs in front of my residence, they
were, for the most part, respectful of their surrounding neighbors. I don’t recall having to call the police on them. The next group who
moved in after them, however, were a different story. They were lacrosse team members, and they were serious partiers. And I am not
just talking about an occasional Friday or Saturday night party; these guys partied multiple times per week, weekdays and weekends,
into the wee hours of the morning. Along with multiple cars coming and going and parking erratically and inconsiderately (taking up two
spots in between our homes with one car, or trying to squeeze two SUV’s in said spots, encroaching on my driveway), I had to deal with
excessively loud music (indoors and outside), loud cheering, hollering and F-bombs (indoors and outside), and the disgusting sounds of
people vomiting in the backyard late at night. On one particular night, they had a loud party which was attended by at least 60 people or
more, many who were underage drinking. After multiple calls from myself and surrounding neighbors, the RPPS officers finally shut
them down, and their first citation was issued, I believe… the one where they are required to post a letter in their front window. That did
not stop the excessive loud and frequent partying from these boys.
I need to pause and mention here, that at some point between the first group of SSU renters and this second group, sometime in
August of 2019, I witnessed the single car garage stall being converted into a bedroom, complete with a window facing my front
walkway. I have proof of this construction work being done at that time, and without a permit, in my texts on Aug 19, 2019 to my friend
and neighbor on Mathias, whose home is directly behind 1530 Marcel Place. I know that no permit was filed because that same friend
inquired about it from the Planning/Permit Department days after I informed her of seeing the new room. That is why I was floored when
I received this letter this week. They are asking for a permit for work that was done close to a year ago, on a bedroom that has been
occupied ever since.
To this day, I still don’t know how many boys actually live at the residence, but they have no less than 6 cars that take up their
driveway, the street in front of my home, and further up Marcel. And this newer group, the third group since Mr. Kilpatrick bought the
home, is no better than the last. We neighbors have had to call the police on them for excessive loud noise, music, swearing, partying
etc, just like the group before them. As I write this, I am having trouble concentrating, as those boys are once again blasting music from
their residence. They have absolutely no regard for any of their neighbors. Just this past Saturday night/Sunday morning, around 1 am,
I heard someone vomiting in the backyard again. Currently one of of their SUV’s is parked in front of my home, with it’s rear bumper
creeping into my driveway. Another is parked facing it. I have left a note on that same vehicle before, and even knocked on the door
and asked them to move it, previously. I would like to add that when this latest group moved in a few weeks ago, I noticed that they had
placed some Greek letters in a high window in their dining area (which was converted into a bar by the previous tenants). I don’t know if
they are a recognized fraternity, but if that is the case, don’t they have to abide by certain rules to keep their fraternal order in good
standing?
I am hoping that something can be done, at the very least, by the city, to prevent Mr. Kilpatrick from renting out his home to beyond
max capacity to boisterous, rude and inconsiderate college boys. It is unfair to my neighbors and me, who have lived in our once
peaceful M section neighborhood for over a decade, to have to put up with their continued bad behavior. It is clear from the number of
2
cars that are associated with that residence that they don’t have enough parking to accommodate all the tenants. That garage space
should be utilized for parking, not another bedroom for a tenant. Please feel free to reach out to me if you have any questions.
Sincerely,
Maria Thom
1532 Marcel Place
Rohnert Park, CA 94928
707.480.9188
Page 1
CITY OF ROHNERT PARK
PLANNING COMMISSION STAFF REPORT
Meeting Date: August 27, 2020
Item No: 6.2
Prepared By: Jeffrey Beiswenger, Planning Manager
Agenda Title: Informational Item - Old Caz Beer Ongoing Compliance Issues
Location: 5625 State Farm Drive (APN #143-021-031)
GP/Zoning: I-L: Light Industrial
Permittee: Tom Edwards – Old Caz Beer/Darin Brown – New California Land Co.
RECOMMENDED ACTION: Staff recommends that the Planning Commission receive an
update on the status of the Old Caz Beer’s (Old Caz) compliance with both its Conditional Use
Permits (CUPs) and the requirements of building code.
BACKGROUND: Located at 5625 State Farm Drive, Old Caz Beer operates under a number of
administrative planning permits and conditional use permits, which permit different permanent
and temporary activities. Old Caz has also undertaken various tenant improvement activities to
support its operation. While staff has worked with the permittee on a wide range of issues related
to both its operation and its construction activities, Old Caz has a history of violating the
requirements of its various permits and undertaking unpermitted construction. While staff
acknowledges that some of the violations have likely occurred because Old Caz is a new
business, the ongoing pattern of violations, together with the potentially severe consequences of
some of the building code violations are requiring staff to look carefully at whether or not this
business should continue to be permitted for ongoing operation in Rohnert Park.
Old Caz’s planning entitlements allow it to operate a taproom in Suite 17 and to produce, store
and distribute beer from Suites 18, 21 and 35. The tenant improvements to the taproom are the
subject of an incomplete building permit (CB19-0010). While staff has been working with the
permittee, the simple fact is that the permittee has enjoyed the benefit of occupying its suites and
operating its business, without fully complying with the terms of its various permits and creating
potential public health and safety risks.
On February 2, 2020, the Planning Commission approved a Conditional Use Permit (CUP)
allowing for catering and live entertainment events, subject to Old Caz’s compliance with a
number of conditions which included finalizing its building permit, providing staff with a variety
of health and safety approvals for the catering activities, and generally complying with the
Municipal Code. Old Caz launched catering activity almost immediately after the Planning
Commission’s approval.
On March 11, 2020, the City issued a letter to Tom Edwards of Old Caz Beer identifying
unpermitted improvements and activities on the Old Caz property (see Attachment 1).
Outstanding issues included:
Page 2
Failure to finalize its outstanding building permit and occupancy certificate for Suite 17
Failure to remove an illegally installed sign
Failure to provide an accessibility analysis and an accessible path of travel (a requirement
of federal law)
Failure to comply with the conditions of the recently approved CUP, specifically as
related to providing City staff with documentation of the appropriate health and safety
approvals for the catering activity.
The March 11, 2020 letter also informed the applicant that ongoing failure to comply could
result in review and revocation of the recently approved CUP.
As the City’s Building Division staff worked with the applicant to finalize the outstanding permit
and occupancy certificate for Suite 17, staff discovered that brewing equipment has been
installed and operated in several of the remaining suites without the benefit of a building permit.
The brewing equipment operates at both high pressure and heat and its installation without the
benefit of permit compliance presented a potentially substantial risk to public health and safety.
On June 12, 2020, as a result of the discovery of the unpermitted construction, the City’s Code
Enforcement Division issued a formal compliance schedule to Old Caz (see Attachment 2). The
specific milestone compliance schedule included the following:
Immediately – Cease all construction work on the unpermitted brewing facilities
By June 26 – Cease operation of the unpermitted brewing equipment and prepare it for
inspection
By July 3 – Complete all work required by CB 19-0010
By July 24 – Remove all unpermitted equipment and construction or complete the
application for the appropriate building permit (CB 19-0166)
By September 4 – Complete the permitted construction for the brewing facilities.
The June 12, 2020 letter again reminded the occupant that failure to address the City’s
requirements could result in revocation of the planning entitlements, together with revocation of
its temporary occupancy certificate for Suite 17 and administrative fines.
On June 29, 2020, Building Division staff inspected the site, recognized that the unpermitted
equipment was not ready for inspection and issued a “red tag” on those suites.
Since the issuance of the June 12, 2020 compliance schedule, the permittee has made some
efforts to address the City’s outstanding concerns and the overall health and safety of its
operation. The specific status of compliance is outlined in the table below.
Page 3
Performance Milestone Status as of August 18, 2020
All prior building permits must be finalized.
This means that no activity, including the
outdoor food service stations conducted in the
parking lot of 5625 State Farm Drive, can
occur until all outstanding permits are
satisfied.
Building Permit CB19-0010 has not been
finalized, although some additional inspections
have occurred.
Building Permit CB19-0166, which is meant to
address the additional construction that
occurred without permits, has not yet been
issued. Plans are currently being reviewed.
Remove the illegally installed Old Caz sign and
any other illegals signs on the property.
All illegal and unpermitted signage has been
removed.
Provide an accessibility analysis plan page
showing path of travel from the accessible
parking to all required areas of the project.
Prior planning approvals have included this as
a condition of approval and no plan has been
submitted as of this date.
An accessible parking space and path of travel
has been provided as part of an amended plan as
part of CB19-0010.
Comply with all conditions included with
Resolution No. 2020-02 and demonstrate
compliance to the satisfaction of the City.
Prior to being notified to cease activity,
Applicants were non-compliant with conditions 1
and 2.
Applicants remain in violation of conditions 10,
11, 12, 14, and 15.
Finalize the occupancy permit. The Old Caz
facility is currently operating under an expired
Temporary Occupancy permit. Work with the
Building Official to complete this permit.
This business continues to exist without an
approved occupancy.
All prior building permits must be finalized.
This means that no activity, including the
outdoor food service stations conducted in the
parking lot of 5625 State Farm Drive, can
occur until all outstanding permits are
satisfied.
Because of the lack of finalized permits – and
with the advent of the COVID-19 pandemic – no
activity is currently occurring on the site other
than the to-go sale of previously produced beer.
While the permittee has not technically complied with every milestone on its schedule, some
progress towards compliance has been made. Staff is hopeful that the through continued
cooperative actions we can bring this business into compliance with its permits, the building
code and the municipal code.
Page 4
However, given the risk associated with some of the unpermitted activity and the relatively slow
response of the permittee to the City’s ongoing request for compliance with permit conditions,
staff is also endeavoring to ensure that the Planning Commission is aware of issues related to the
Old Caz operation. Continued non-compliance may require that the Planning Commission
consider the revocation of approved entitlements.
PUBLIC NOTIFICATION: This item is for discussion only and does not require a public
hearing notice. The Agenda was posted as required.
Planning Manager Approval Date: 8/21/20
Attachments (list in packet assembly order):
1. March 11, 2020 letter from Planning Manager Jeffrey Beiswenger to Permittee
2. June 12, 2020 letter from Building Official Jay Bradford to Permittee
City Council
Gina Belforte
Mayor
Joseph T. Callinan
Vice Mayor
Susan Hollingsworth Adams
Jake Mackenzie
Pam Stafford
Councifmembers
Darrin Jenkins
City Manager
Don Schwartz
Assistant City Manager
Michelle Marchetta Kenyon
City Attorney
Karen Murphy
Assistant City Attorney
JoAnne Buergler
City Clerk
Tim Mattos
Public Safety Director
John McArthur
Director of Public Works and
Community Services
Mary Grace Pawson
Director of
Development Services
Victoria Perrault
Human Resources Director
March 11, 2020
Tom Edwards
Old Caz Beer
5625 State Farm Drive
Rohnert Park, CA 94928
tom@oldcaz .com
RE: PLUP19-0006-Conditional Use Permit-Brewery and Tasting
Room/Old Caz Beer-5625 State Farm Drive, Ste.17, 18, 21, 35
Dear Mr. Edwards,
It has come to our attention that the Old Caz Brewery operation is conducting
activity in violation of the Rohnert Park Municipal Code (RPMC) and the
Conditional Use Permit (CUP) recently approved by the Planning Commission on
February 13, 2020, as well as other planning and building approvals instituted
and issued throughout the process of establishing the Old Caz facility. More
specifically, you are conducting your use and related activity prior to satisfying the
conditions as stipulated in Planning Commission Resolution No. 2020-02 (see
attached).
Please be advised that a Public Hearing is being scheduled to revoke the CUP at
the April 9, 2020 Planning Commission meeting, unless immediate progress is
made to complete the following:
• All prior building permits must be finalized . This means that no activity,
including the . outdoor food service stations conducted in the parking lot of
5625 State Farm Drive, can occur until all outstanding permits are
satisfied. These uses must cease immediately, and not resume until such
time that you are approved to commence them .
• Remove the illegally installed "Old Caz" sign and any other illegal signs on
the property. This should occur within seven days of the date of this
notice.
• Provide an accessibility analysis plan page showing path of travel from
the accessible parking to all required areas of the project. Prior planning
approvals have included this as a condition of approval and no plan has
been submitted as of this date. This must occur in conjunction with the
finalizing of your building permits.
• Comply with all conditions included with Resolution No. 2020-02 and
demonstrate compliance to the satisfaction of the City. This is a
permanent operational requirement, and must be adhered to at all times.
• Finalize the occupancy permit. The Old Caz facility is currently operating
under an expired Temporary Occupancy permit. Work with the Building
Official to complete this permit. This must occur in conjunction with the
finalizing of your building permits.
The purpose and intent of this letter is to advise you that pursuant to Section
17.25.056 of the RPMC, a violation of a condition of approval or a provision of
this section may cause a CUP or Administrative Permit to be revoked or modified
130 Avram Avenue• Rohnert Park CA• 94928 • (707) 588-2226 • Fax (707) 794-9248
www.rpcity.org
Page 2 of 2
as set forth in Chapter 17.25, Article XIV of this title. The Planning Commission
may revoke a permit upon a finding that a term of one or more of the conditions of
approval of the permit has been violated or relevant other laws or regulations
have been violated and that the use or facility for which the permit was granted is
conducted and maintained so as to not be detrimental to the public health,
welfare, or safety so as to be deemed a nuisance. Additionally, other legal
remedies, including, but not limited to the issuance of daily fine penalties, may be
pursued should you fail to comply with all code provisions.
At this time , the City has no other alternative than to pursue this action based on
the unwillingness of Old Caz to comply with City standards and procedures.
Numerous conversations have taken place in this regard and allowances have
been made to provide assistance in assuring the successfulness of your
business. It has come to our attention that the current conditions under the CUP
issued on February 13th were violated within days of the approval. Old Caz is
currently not in good faith standing with their agreement and acceptance of these
conditions.
Should you have any questions , please do not hesitate to contact me at (707)
588-2253. If you would like to meet with staff to discuss this letter in person with
planning, building and code enforcement staff please call (707) 588-2231 to set
up a meeting .
Cc: New California Land Co (property owner).
130 Avram Avenue Rohnert Park CA 94928 (707) 588-2226 Fax (707) 794-9248
www.rpcity.org
City Council
Joseph T. Callinan
Mayor
Jake Mackenzie
Vice Mayor
Gina Belforte
Susan Hollingsworth Adams
Pam Stafford
Councilmembers
________________
Darrin Jenkins
City Manager
Don Schwartz
Assistant City Manager
Michelle Marchetta Kenyon
City Attorney
Sergio Rudin
Assistant City Attorney
JoAnne Buergler
City Clerk
Tim Mattos
Public Safety Director
John McArthur
Director of Public Works and
Community Services
Mary Grace Pawson
Director of
Development Services
Victoria Perrault
Human Resources Director
June 12, 2020
Tom Edwards
Old Caz Beer
5625 State Farm Drive
Suites 17, 18, 21, & 35
Rohnert Park, CA 94928
Subject: Continuing violations at 5625 State Farm Drive
Dear Mr. Edwards:
Again, thank you for reaching out. In an effort to assist you in obtaining
compliance, this letter addresses the timeline of corrective measures you need to
pursue in order to come into compliance with the City’s requirements for your
operations.
Your compliance timeline is as follows:
Compliance Date Required Actions
(Immediately)
Cease all construction work on the onsite brewery facilities.
This includes work proposed under permit application
CB19-0166 for the installation of a brewing facility in suites
18 and 35. These facilities need to be authorized by separate
permit, as described below.
June 26, 2020
Before this date, you will cease all use and operation of all
unpermitted brewing equipment. Such equipment shall be
emptied of all contents and disconnected from all electrical,
plumbing, or other service lines. All manways or other
inspection hatches shall be maintained in an open position at
all times to facilitate inspection.
Page 2 of 3
July 3, 2020
Before this date, you will complete all work originally
proposed under CB19-0010, which entails the following:
i. Install all accessible parking improvements per plan;
ii. Address any outstanding items on the correction notices
issued to date, except for work as described below for
permit application CB19-0166;
iii. Proof of completion will be evidenced by an approved
progress inspection.
NOTE:
If any of the compliance measures required to be taken
prior to July 3, 2020, are not completed to the City’s
satisfaction, the Temporary Occupancy Permit for suites
17 and 21 will be revoked, and staff will request that the
Planning Commission consider revocation of your Use
Permits.
July 24, 2020
Before this date, you will:
Completely remove all unpermitted construction from the
property; OR
Complete your application for Permit CB19-0166, which
entails the following:
i. Include all work not within the scope of Permit
CB19-0010;
ii. Include “As-Built” drawings of any and all work
already completed/installed without the benefit of a
permit;
iii. Include drawings of all additional work you wish to
complete under this permit;
iv. Address all comments from the City’s Plans Examiner,
including, but not limited to the attached letter dated
June 11, 2020;
v. Make required corrections and resubmittals as required;
vi. Pay all impact fees and other fees as required;
vii. Submit a Social Distancing Plan (Health Order
Appendix A), with the Construction Industry Protocols
(Health Order Appendix B), which will need to be in
place for construction to be authorized.
viii. Receive your Permit.
September 4, 2020
Before this date, you will complete all work authorized under,
and receive Final Approval for Permit CB19-0166, which
entails the following:
Complete all construction work per plan;
Request Inspections; make any corrections required;
Request a Final Inspection;
Receive Final Permit Approval.
The City will expedite all plan reviews and other processes to assist your efforts.
Page 3 of 3
In order to continue operating the Tasting Room in Units 17 and 21, you must
cease the unpermitted construction and operation of the brewing facilities in Units
18 and 35. Operation of the brewing facilities may not resume until Building
Permit CB19-1066 all work authorized under said permit completed, AND Final
Permit Approval has been received.
Your strict adherence to these compliance milestones will allow you to continue to
operate the Tasting Room; is necessary to allow for eventual legal operation of the
brewing facilities; and will allow you to avoid further enforcement action. Please
note that this is your final opportunity to comply with the city’s requests before
additional enforcement action is taken, which can include, but is not limited to:
Revocation of the Temporary Occupancy Certificate for the Tasting Room
and referral of this matter back to the Planning Commission;
Issuance of Administrative Citations and the imposition of additional fine
penalties for each and every day that a state of violation continues; and
Other criminal or civil action as deemed appropriate.
Sincerely,
Jay Bradford
Chief Building Official
Development Services Department
130 Avram Avenue
Rohnert Park CA 94928
707-588-2257
jbradford@rpcity.org
Cc: Darin Richards-Brown
Carolyn Del Curto Infante
New California Land Company
2214 Greenwich Street
San Francisco, California 94123-3419
Vicki Ernst
Property Manager
Keegan and Coppin
Via email at vernst@keegancoppin.com
California Department of Alcoholic Beverage Control
Sergio Rudin, Rohnert Park City Attorney’s Office
Jeffrey Beiswenger, Planning Manager
Louis Kirk, Senior Code Compliance Officer