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2021/04/08 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2021-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK APPROVING FILE NO. PLUP21-0002: CONDITIONAL USE PERMIT TO ESTABLISH A MOBILE SHOWER UNIT IN A CHURCH PARKING LOT WITHIN THE HIGH-DENSITY ZONING LOCATED AT 7352 BORIS COURT AS A PERIODIC TEMPORARY USE (Michael Hayward /Faith Community Church) WHEREAS, the applicant, Michael Hayward/ Faith Community Church filed Planning Application No. PLUP21-0002 for approval of a Conditional Use Permit to operate a mobile shower unit located at 7352 Boris Ct. (APN 143-370-008) as a periodic temporary use, in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PLUP21-0002 was processed in the time and manner prescribed by State and local law; WHEREAS, public hearing notices were mailed 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 was published for a minimum of 10 days prior to the first public hearing in the Community Voice; WHEREAS, on April 8, 2021, the Planning Commission reviewed Planning Application No. PLUP21-0002 at a scheduled public hearing at which time interested persons had an opportunity to testify either in support or opposition to the project; and, WHEREAS, at the April 8, 2021 Planning Commission meeting, upon hearing and 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. PLUP21-0002. 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 approving Planning Application No. PLUP21-0002 makes the following findings, to wit; 1. That the proposed location of the conditional use is consistent with the objectives of the City of Rohnert Park Zoning Ordinance and the purposes of the district in which the site is located. Criteria Satisfied: The proposed mobile shower unit will be located in the existing parking lot of an existing church building. The property is zoned high density residential (R-H). (Exhibit A). The purpose of residential zoning districts generally is to: reserve areas for a broad range of dwelling types and densities, which meet the diverse economic and social needs of the residents consistent with sound standards of public health and safety; ensure the provision of light, air, privacy, and open space; protect residential neighborhoods from excessive noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences and to minimize congestion and avoid the overloading of public services and utilities (RPMC 17.06.010). High density residential zoning districts are intended to allow for a wide 2 Reso 2021-05 range of housing types (RPMC 17.06.020). RPMC permits homeless services for greater than seven people in the high density residential zoning district and allows religious assembly with a conditional permit (RPMC 17.060.030). The proposed used is consistent with these requirement of the Zoning District, which anticipates congregate gatherings. The conditions of approval which limit hours of operation, provide for an organized operation with limited hours of operation and appropriate protection from litter, noise and utility overloading ensure that the proposed mobile shower unit will operate within the intent of the zoning district and not interfere with the peaceful enjoyment of neighboring properties. 2. That the proposed location of the conditional use and the conditions under which it is operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Criteria Satisfied: The project, as conditioned, will not have a negative effect on the public health, safety or welfare; or be materially injurious to properties or improvements in the vicinity. The proposed use is limited in time to no more than five hours two days a week. In addition, conditions will mitigate any potential risks to public safety and of nuisance conditions. Conditions include: measures to prevent backflow into the city water system; requirements to keep the project site clean and free of debris; COVID-19 protocols; limits on operation hours and noise to protect the peace and enjoyment of neighboring properties; and operational rules, including accessibility accommodation policies, to ensure that the activity operates safely and efficiently. 3. That the proposed conditional use will comply with each of the applicable provisions of Title 17 of the City of Rohnert Park Municipal Code. Criteria Satisfied: The proposed used is consistent with intent of RPMC 17.06.010 and 17.06.020 as related to the high density residential zoning district. The operation under a Conditional Use Permit is consistent with RPM 17.060.030 with respect to the operation of religious assemblies and homeless services in the high density residential zoning district. A violation of a condition of approval or a provision of Title 17, Zoning may cause a conditional use permit to be revoked or modified as set forth in Chapter 17.25 of the Rohnert Park Municipal Code. Section 3. Environmental Clearance. The project is categorically exempt from the California Environmental Quality Act, pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15301 (Class 1 – Existing Facilities) , as it is a minor alteration of an existing use involving negligible expansion. Section 4. The Planning Commission does hereby approve Planning Application No. PLUP21-0002 subject to conditions included as Exhibit B Section 5. This action shall not be deemed final until the appeal period has expired and that the appeal period shall be 10 working days from the date of said action. The activity shall not commence until the appeal period has expired, providing there are no appeals. Exhibit A Applicants Submittal Package Shower Trailer Narrative • The shower trailer will occupy five (5) parking spaces along the back lawn in front of (South of) the multi-purpose building behind (East of) the main sanctuary building and operating each Wednesday from 11:00 am – 1:00 pm. • Based on experience from the other locations we expect 10-15 people to be served each week. • If there is a line, we will require 6ft. physical distancing while waiting as per COVID-19 restrictions. The trailer has two single-use shower stalls which are sanitized after each use. There will be one marked entrance and a separate marked exit direction. • Water will be supplied by Faith Community Church via a hose bib in the back (East) wall of the main sanctuary building and will connect to the trailer with a heavy-duty garden hose. • Used water from the shower unit is collected in a tank on the trailer and is hauled off- site to be disposed of at the Sonoma County Fairgrounds • No toilet facilities are included with the shower trailer. These services are not offered. • The church grounds has two trash cans, one on either end of the parking lot, and one more will be provided near the check in/resource area to collect any trash from guests of the shower. These receptacles will be emptied in the church dumpsters. • In addition to the driver (Norman Anderson) there will be between two (2) and six (6) volunteers on site to help with set up, sanitation, site security, and distribution of resources. Volunteers will be masked and gloved per COVID-19 restrictions. • The parking lot at Faith Community Church is a private parking lot and not subject to traffic. We will have volunteers at the driveway on Boris Ct. to prohibit possible vehicle traffic while the trailer is in use. In essence, the parking lot will be closed during operating hours (which is Wednesdays from 11:00 am – 1:00 pm). Additionally, we will have cones, sawhorses/sandwich boards, and signs set across the parking lot (North to South) in front of the shower trailer area so volunteers, church staff, and guests of the shower will park in the front half of the parking lot away from the trailer. • Any electrical needed by the trailer will be provided from an outlet in the main sanctuary building by way of heavy-duty extension cord running from the building to the back side of the trailer. These cords will not run through foot traffic areas. • All cords and hoses will be marked by cones and/or covered with floor mats to reduce tripping hazards. Exhibit B 7352 Boris Ct. Mobile Shower Unit (PLUP21-0002) Conditions of Approval The conditions below shall apply to the Mobile Shower Unit operation at 7352 Boris Court, Rohnert Park, California. The Conditions of Approval are the obligation of the applicant/operator and place no obligation either express or implied on the City. 1. Compliance with Municipal Code. The applicant shall comply with all applicable sections of the City of Rohnert Park Municipal Code and any other applicable relevant regulations of affected agencies, including the Rohnert Park Building and Public Safety Departments. 2. Indemnification. The Applicant agrees to defend, indemnify, hold harmless and release the City of Rohnert Park, its agents, officers, attorneys and employees from any claim, action or proceedings brought against any of the above, the purpose of which is to attack, set aside, void, or annul the approval of this application or certification of the environmental document which accompanies it. This indemnification obligation shall include but not be limited to, damages, costs, expenses, attorneys’, or expert witness fees that may be asserted by any person or entity, including the Applicant, whether or not there is concurrent passive or active negligence on the part of the City, its agents, officers, attorneys or employees. 3. Permitted Activities. Permitted activities are limited to those described in the in the Shower Trail Narrative (Attachment 1). No other activities are permitted. 4. Security and Staffing. No fewer than three persons shall be available at all times during operation. 5. COVID-19 Protocols. The operation shall comply all requirements of the current and future health orders issued by the Sonoma County Health Officer and the California Department of Health Services. Consistent with City of Rohnert Park policy, all staff and volunteers shall be masked at all times. The shower stalls will be sanitized after each use. 6. Operational and Site Safety Contact: The applicant shall provide the City with the name(s) and contact information for designated site safety and security monitor. This monitor will be on site during the hours of operation to ensure compliance with these conditions of approval. 7. Compliance Reporting: The applicant shall provide monthly reports to the City on the operation for the first six months of operation. Reports shall include information on days and hours of operation, number of patrons served, operational issues, nuisance complaints and mitigation activities undertaken to resolve operational issue and nuisance complaints. If after six months there are no significant operational issues, reporting frequency shall be quarterly. 2 Reso 2021-05 8. Americans with Disabilities Act (ADA) compliance ADA compliance shall be achieved through implementation of the following measures. a. One designated ADA compliant parking space shall be designated on site. b. A portable ADA compliant wheel chair ramp shall be available during all hours of operation. c. At least two volunteer assistants shall be available during all hours of operation to help guide those with disabilities to the appropriate destination and assist with access to the shower facility. d. The operation shall compliance with Redwood Gospel Mission Accessibility and ADA Policy at all times (COA Attachment 1). 9. Water supply and backflow prevention. A hose bib shall be available to refill the on- board tank. To prevent backflow into the city water system the on board tank shall only be filled if an air space can be maintained between the inflow of water from the hose bib and the water within the tank. The applicant will be required to submit a tank refill procedure to the Development Services Department prior to operation. 10. Electrical Availability and Safety. An electrical connection with a GFCI shall be available for electrical needs. Power cords shall be covered as necessary along pedestrian paths to avoid tripping hazards. 11. Arrival and intake on site. Temporary barricades shall be placed to prevent cars from entering the back part of the site, while still allowing pedestrians to pass through. The back part of the site shall be maintained as a pedestrian-only zone for safety 12. Days of Operation and Duration. The activity may occur for up to a maximum of two days a week, Monday – Friday, and between the hours of 10 am and 3 pm. 13. Signage. No temporary signage shall be used without the necessary permits. A-board signs and other free standing signs are not permitted with the following exception: during the event, one temporary directional sign shall be allowed on-site to direct patrons to the in-take table. 14. Insurance. Provide an endorsement of the project applicant's insurance policy in the amount of $1,000,000 (one million dollars) naming the city of Rohnert Park as an additional insured. The certificate shall be renewed annually and provided to the City until operations permanently cease. 15. Trash and Debris. Litter and trash receptacles shall be placed at accessible location on the site. Site shall be kept free of litter and debris at all times. The church grounds has two trash cans, one on either end of the parking lot, and one more will be provided near the check in/resource area to collect any trash from guests of the shower. These receptacles shall be emptied in the church dumpsters at the termination of the event. 16. Loitering Prohibited. Fixtures or furnishings that encourage loitering and nuisance behavior are prohibited. 17. Fire Extinguishers. Provide fire extinguishers and comply with other requirements per Fire Code. 3 Reso 2021-05 18. Waste Water. Used water from the shower unit shall be collected in a tank on the trailer and hauled off-site 19. Available Restrooms. Bathrooms within the church building shall be available during the event. 20. Noise. No uses or activities shall create noise levels that exceed standards as outlined in Chapter 17.12, (17.12.030) Noise Standards. 21. Canopies and Pop-Ups. Any canopy or pop-up used shall be secured for wind stabilization. 22. Violation and Remedy. A violation of a condition of approval or a provision of Title 17, shall result in revocation and/or a modified conditional use permit per Section 17.25.018 of the Rohnert Park Municipal Code.