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2021/07/22 Planning Commission Agenda Packet City of Rohnert Park Planning Commission NOTICE IS HEREBY GIVEN THAT A MEETING will be held on Thursday July 22, 2021 6:00 P.M. * COVID-19 NOTICE * Consistent with Executive Orders No. Order No. N-08-21 from the Executive Department of the State of California, the Meeting will not be physically open to the public and Commissioners/Committee Members 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 (Austin-Dillon_____ Blanquie____ Lam____ Orloff____ Striplen____) 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 8, 2021 Commissioner Motion/Roll Call Vote: (Austin-Dillon_____ Blanquie____ Striplen____ Lam_____Orloff_____) 6. AGENDA ITEMS 6.1 Study Session – Outdoor Seating Areas 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, Jennifer Sedna, Community Development Technician, for the City of Rohnert Park, declare that the foregoing notice and agenda for the July 22, 2021 Planning Commission Meeting of the City of Rohnert Park was posted and available for review on July 16, 2021 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 16th day of July, 2021 at Rohnert Park, California. Jennifer Sedna 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 August 2, 2021. Minutes of the Planning Commission Meeting of the City of Rohnert Park Thursday, July 8, 2021 6:00 P.M. 130 Avram Avenue, Rohnert Park 1. CALL TO ORDER Chairperson Orloff called the regular meeting to order at 6:00 p.m. 2. PLEDGE OF ALLEGIANCE Led by Chairperson Orloff. 3. ROLL CALL Present: Tramaine Austin-Dillon, Commissioner Daniel A. Blanquie, Commissioner Fanny Lam, Vice Chairperson Marc Orloff, Chairperson Charles Striplen, Commissioner Absent: None. Staff attending via Zoom Video Communications: Planning Manager, Jeff Beiswenger and Recording Secretary, Jennifer Sedna. Staff present: IS Analyst, Mike Son. 4. PUBLIC COMMENT None. 5. CONSENT CALENDAR - ADOPTION OF MINUTES 5.1 Approval of the Draft Minutes of the Planning Commission Meeting of May 27, 2021. ACTION: Moved/seconded (Blanquie/Lam) to adopt Minutes of the Planning Commission Meeting of May 27, 2021. Motion carried by the following unanimous (5-0-0) roll call vote: AYES: Austin-Dillon, Blanquie, Striplen, Lam and Orloff; NOES: None; ABSTAIN: None; ABSENT: None. 6. AGENDA ITEMS 6.1 PUBLIC HEARING: Renewal of Site Plan and Architectural Review for the Adega II at Rohnert Park Apartment Homes Planning Manager, Jeff Beiswenger, presented the item and answered questions from the Commission, including: the impact of the change from affordable housing to market rate housing; notification of availability of the affordable housing units; the justification for the change to market rate housing; the difference between market rate and affordable housing; and, clarification of what the Commission is deciding with this resolution. Public Comment opened. Applicant Milo Terzich from USA Properties joined the meeting to answer questions from the Commission, including: the history of the project between the developers; the reasons for the change in focus from affordable to market rate housing; the difference between market rate and affordable housing; and, if there is a way to increase the proposed number of affordable units. No public comments. Public Comment closed. ACTION: Moved/seconded (Blanquie/Striplen) to adopt Resolution 2021-09 approving a one-year extension of the approval of Site Plan and Architectural Review for the Adega II (Terracina) Rohnert Park apartment homes within the Stadium Area Master Plan (APN 143-040-139). Motion carried by the following unanimous (5-0-0) roll call vote: AYES: Austin-Dillon, Blanquie, Striplen, Lam and Orloff; NOES: None; ABSTAIN: None; ABSENT: None. 6.2 PUBLIC HEARING: Renewal of Site Plan and Architectural Review for the Green Acre Nursery and Supply Addition and Remodel Planning Manager, Jeff Beiswenger, presented the item and answered questions from the Commission, including: demolition of buildings due to parking concerns. Public Comment opened. Applicant Mike Deutsch from Green Acres Nursery joined the meeting to answer questions from the Commission, including: the current timeline regarding the parking concerns. No public comments. Public Comment closed. ACTION: Moved/seconded (Lam/Striplen) to adopt Resolution 2021-10 approving a one-year extension of the approval of Site Plan and Architectural Review for the Green Acres Nursery addition and remodel located at 4601 Redwood Drive (APN 045-055-023). Motion carried by the following unanimous (5-0-0) roll call vote: AYES: Austin-Dillon, Blanquie, Striplen, Lam and Orloff; NOES: None; ABSTAIN: None; ABSENT: None. 6.3 Discussion: In-person Planning Commission Meetings Planning Manager, Jeff Beiswenger, presented the item and answered questions from the Commission, including: when the City Council meetings are opening to the public. 7. ITEMS FROM THE PLANNING COMMISSION None. 9. ITEMS FROM THE DEVELOPMENT SERVICE STAFF Staffperson Beiswenger noted there may be a special meeting in August. 10. ADJOURNMENT Chairperson Orloff adjourned the regular meeting at 6:59 p.m. ____________________________________ ___________________________________ Marc Orloff, Chairperson Jennifer Sedna, Secretary Page 1 City of Rohnert Park Planning Commission Report MEETING DATE: July 22, 2021 ITEM NO: 6.1 PREPARED BY: Jeffrey Beiswenger, Planning Manager AGENDA TITLE: Study Session – Outdoor Seating Areas RECOMMENDED ACTION: Conduct a study session and provide direction to staff on development and design standards related to outdoor seating areas. BACKGROUND: The COVID-19 pandemic impacted businesses financially and disrupted routine operations. In response, the City relaxed limits on outdoor seating areas for businesses. Outdoor seating areas have been vital to the continued operation of many businesses. Even though customers can largely return to indoor environments, outdoor seating areas remain an important component of many restaurant operations throughout the community. At the May 25, 2021 meeting, the City Council decided to allow these outdoor operations to continue, as follows: • Businesses must apply for the appropriate permits to convert the outdoor seating areas from temporary installations to permanent installations. • Staff was directed to waive fees until the end of the calendar year 2021 for planning permits related to outdoor seating areas. • Staff was directed to process the permits for outdoor seating areas administratively. The creation of more permanent outdoor spaces in the City makes sense. These areas capitalize on the near-year-round pleasant climate that our area enjoys and satisfies the public’s interest in outdoor settings. Outdoor areas also create an opportunity to collectively re-brand and update many commercial spaces and provides businesses with a path toward full recovery after experiencing the sustained damage caused by the pandemic. Staff expects that many businesses will be seeking to retrofit existing sites to accommodate permanent, new or expanded outdoor seating areas. Design concerns are important when approving outdoor seating areas. The City’s current design and development standards related to outdoor seating areas are limited. Staff is seeking to adopt new design and development standards in the near future to specifically apply to outdoor seating areas. ANALYSIS: The Planning Commission serves as the design review authority for the City. This level of review helps ensure attractive building and site designs. As the design review authority Page 2 the Commission is the appropriate body to recommend new standards. Staff can approve outdoor seating areas administratively with a clear list of design and development standards. For administratively approved permits, it is particularly important that standards are clear and objective. The City has existing outdoor seating provisions in the zoning ordinance (attached). Summarized as follows: • Administrative permit is required and an additional revocable license is needed if the seating is within the right-of-way. • Seating areas cannot block bike paths or pedestrian paths. • Seating areas cannot block driveways or be placed in the “clear vision triangle”. • Barriers around outdoor seating areas are required when alcohol is served. • Awnings and/or umbrellas allowed for weather protection. No other “roof” structures permitted. • Lighting and electrical outlets are permitted, but an electrical permit is required (no extension cords). • Heaters may be permitted if approved by Fire Marshall. • Design features should complement the existing architecture of the building. The above provision provides a starting point for additional design standards and guidelines. The following are some preliminary ideas for additional provisions: • Protection from vehicles. Many new outdoor areas will be adjacent to parking areas and vehicular traffic. All outdoor seating areas would require the installation of vehicle deterrents (e.g. heavy planters, bollards, etc.) to ensure that any out-of-control vehicle will not crash into outdoor seating areas. • Structural stability. Some businesses have requested roof structures for weather protection that exceed the “awnings and umbrellas” currently allowed. Permanent structures will need to meet building codes to ensure that they are safe. This is particularly important if an overhead structure is used. • Drainage issues. New seating areas placed in parking areas or landscaping could disrupt existing storm water drainage patterns. Outdoor areas should be designed to accommodate storm water. • ADA considerations. Access for all persons, including disabled persons, is required by federal law. • Architectural compatibility of new structures such as railings and overhead structures. Some businesses will be interested in year round use of outdoor seating areas. This generally requires adding a roof over top of seating areas (either permanent or removable) Any roof structure needs to be structurally sound, attractive and be compatible with existing architecture, and not block signage. Staff will present examples for other communities to the Planning Commission at this study session to help guide discussion. _____________________________________________________________________________ Planning Manager Approval Date: 7/16/21 Attachments (list in packet assembly order): 1. Existing Outdoor Seating Code Provisions Page 3 Attachment 1 Existing Outdoor Seating Code Provisions (Zoning Code Section 17.07.020.S) OUTDOOR AND SIDEWALK CAFE. 1. General Provisions. • Permit Required. Outdoor dining on a public sidewalk may be permitted in designated districts only with approval of an administrative permit and subject to the following provisions. A revocable license shall also be required if the activity is located in the public right-of-way. • Prohibited Locations. Outside dining will not be permitted on sidewalks designated as bicycle paths. • Permit Transfer. A revocable license may be transferred to a subsequent operator of the same establishment subject to approval by the city engineer and payment of a revocable license transfer fee established by the city council. Prior to approval of the transfer the city engineer may modify the terms of the permit as deemed appropriate to protect public health, safety and welfare. • Zoning Requirements. A revocable license may be processed concurrently with the administrative permit. • Conditions of Approval. The city engineer shall have the authority to apply conditions to the approval of a revocable license as appropriate to ensure compliance with the provisions of this policy. 2. Development Standards. a. Horizontal Clearance: A clear, continuous pedestrian path not less than six feet in width shall be required for sidewalk cafes. The city engineer may require more than six feet if necessary to protect the public safety. This requirement may be modified at the discretion of the city engineer in locations where unusual circumstances exist and where public safety would not be jeopardized. b. Setbacks from corners, streets and alleys: When an outdoor dining area is located at a street corner, all furniture, barriers, etc. over three feet in height must be located outside of the clear vision zone for that street corner. When an outdoor dining area is located adjacent to a driveway or an alley, a five-foot setback shall be maintained from the driveway or alley. These requirements may be modified at the discretion of the city engineer in locations where unusual circumstances exist and where public safety would not be jeopardized (e.g., the sidewalk adjacent to the proposed outdoor dining areas is wider than usual or the perimeter of the building has an unusual configuration). c. Extension to Adjacent Properties. Subject to approval of the city engineer, an outdoor dining area may extend onto the sidewalk in front of an adjacent business with the written consent of both the adjacent business owner and property owner. 3. Barriers. a. Establishments that serve alcoholic beverages in the outdoor dining area shall provide a physical barrier that meets the requirements of this subsection and of the Alcoholic Beverage Control Board. b. Barriers should compliment the building facade as well as any street furniture and be somewhat transparent (such as wrought iron) and shall be able to withstand inclement weather. c. Barriers and furniture shall be removed at the end of each business day unless otherwise approved by the city engineer. d. The height of any barrier shall not exceed thirty-six inches. Page 4 4. Awnings and Umbrellas. The use of awnings over the outdoor dining area and removable table umbrellas may be permitted, provided they do not interfere with street trees or are located within the clear vision zone. No portion of an awning or umbrella shall be less than eight feet above the sidewalk. Awnings may extend up to five feet from the building front or cover up to fifty percent of the outdoor dining area, whichever is less. Awnings shall have no support posts located within the public right-of-way. A building permit must be obtained prior to installation of an awning. A revocable license shall be required for awnings projecting into the public right-of-way. 5. Lighting. Outdoor lighting fixtures should compliment the style of the building. Lighting fixtures shall not be glaring to motorists or pedestrians on the adjacent right-of-way, and shall illuminate only the outdoor dining area. Outdoor lighting may be installed on the facade of the building. Electrical fixtures shall not be permitted in the public right-of-way. Lighting shall be subject to an electrical permit from the building department. Battery operated lamps or candles will be permitted. Extension cords shall not be used in place of permanent wiring. 6. Design. The design, material, and colors used for chairs, tables, umbrellas, awnings and other fixtures should compliment the architectural style and colors of the building facade and street furniture. 7. Heaters. Portable propane heaters may be allowed within the outdoor dining area as approved by the fire marshal. 8. Furniture Removal. When the establishment stops serving for the day and patrons already seated in it leave, further seating in the outdoor dinning area shall be prohibited and the outdoor dining furniture shall be removed from the right-of-way unless otherwise approved in the revocable license.