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2022/05/12 Planning Commission Agenda Packet City of Rohnert Park Planning Commission NOTICE IS HEREBY GIVEN THAT A MEETING will be held on Thursday, May 12, 2022 6:00 P.M. CITY HALL - COUNCIL CHAMBER 130 Avram Avenue, Rohnert Park, California To any member of the audience desiring to address the Planning Commission: For public comment on items listed or not listed on the agenda, or on agenda items if unable to speak at the scheduled time, you may do so upon recognition from the Chairperson. Please fill out a speaker card prior to speaking. 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 April 24, 2022 Commissioner Motion/Roll Call Vote: (Austin-Dillon_____ Blanquie ____ Orloff ____ Striplen _____ Lam _____) 6. AGENDA ITEMS 6.1 CONDITIONAL USE PERMIT - File No. PLUP21-0009 – Old Caz Beer – Consideration of Resolution 2022-09 conditionally approving File No. PLUP21-0009: Use Permit to allow a brew pub located at 1500 Valley House Drive, Suite 110 (APN 046-051-045) CEQA: The project is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to Public Resources Code Section 15301 (Class 1 – Existing Facilities). Commissioner Motion/Roll Call Vote: (Austin-Dillon_____ Blanquie ____ Orloff ____ Striplen _____ Lam _____) 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 May 12, 2022 Planning Commission Meeting of the City of Rohnert Park was posted and available for review on May 6, 2022 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 6th day of May, 2022 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 May 23, 2022. Minutes of the Planning Commission Meeting of the City of Rohnert Park Thursday, April 28, 2022 6:00 P.M. 130 Avram Avenue, Rohnert Park 1. CALL TO ORDER Acting Chairperson Austin-Dillon called the regular meeting to order at 6:00 p.m. 2. PLEDGE OF ALLEGIANCE Led by Acting Chairperson Austin-Dillon. 3. ROLL CALL Present: Tramaine Austin-Dillon, Commissioner Daniel A. Blanquie, Commissioner Marc Orloff, Commissioner Absent: Fanny Lam, Chairperson Charles Striplen, Vice Chairperson 4. PUBLIC COMMENT None. 5. CONSENT CALENDAR - ADOPTION OF MINUTES 5.1 Approval of the Draft Minutes of the Planning Commission Meeting of March 24, 2022. ACTION: Moved/seconded (Blanquie/Orloff) to adopt Minutes of the Planning Commission Meeting of March 24, 2022. Motion carried by the following unanimous (3-0-2) roll call vote: AYES: Austin-Dillon, Blanquie, and Orloff; NOES: None; ABSTAIN: None; ABSENT: Lam and Striplen. 6. AGENDA ITEMS 6.1 SITE PLAN AND ARCHITECTURAL REVIEW - File No. PLSR22-0002 - Panattoni Development Company – Consideration of Resolution 2022-06 approving the Site Plan and Architectural Review for the Dowdell Avenue Industrial Park Project (APN 143-040-134). Anna Leanza, Senior Planner, presented the item and answered questions from the Commission, including: the reason to have two options which offer flexibility with the use and parking flexibility; and, if the business at 201 Business Park Dr. is occupied. Applicant representative Todd Chandler, with Panatonni Development answered questions from the Commission, including: if there is a solar component; the cause of delay for the project; and, if there is clarity on which option is likely to occur. ACTION: Moved/seconded (Blanquie/Orloff) to adopt Resolution 2022-06 approving the Site Plan and Architectural Review for the Dowdell Avenue Industrial Park Project (APN 143-040-134). Motion carried by the following unanimous (3-0-2) roll call vote: AYES: Austin-Dillon, Blanquie, and Orloff; NOES: None; ABSTAIN: None; ABSENT: Lam and Striplen. 6.2 SITE PLAN AND ARCHITECTURAL REVIEW - File No. PLSR21-0007 - NorCal Kenworth - Consideration of Resolution 2022-07 approving the Site Plan and Architectural Review for the NorCal Kenworth Project (APNS 143-040-143 AND 143- 040-144). Anna Leanza, Senior Planner, presented the item and answered questions from the Commission, including: if the Press Democrat building is occupied; if NorCal Kenworth is the owner of the parcel; if the building articulation was considered due to the rectangular nature; if the trees will be tall enough to screen the roll up doors; and, if the use changes, does the applicant need to return to the Commission for parking requirements. Applicants Guy Duerwald with PW Architects, and Todd Minger with NorCal Kenworth answered questions from the Commission, including: if the business use includes sales and service; if there are tanks on the premises, if they are above grade, and the processes in place to handle leaks; the building articulation with a rectangular elevation; and, the parking requirements. ACTION: Moved/seconded (Blanquie/Orloff) to adopt Resolution 2022-07 approving the Site Plan and Architectural Review for the Norcal Kenworth Project (APNS 143-040-143 AND 143-040-144) with added condition if the use changes that the applicant works with the City for adequate parking requirements. Motion carried by the following unanimous (3-0-2) roll call vote: AYES: Austin-Dillon, Blanquie, and Orloff; NOES: None; ABSTAIN: None; ABSENT: Lam and Striplen. 6.3 PUBLIC HEARING – Sandalwood at University District Temporary Conditional Use Permit – File No. PLTU22-0001 – Richmond American Homes – Consideration of Resolution 2022-08 approving a Temporary Conditional Use Permit for a model home complex in the Vast Oak North Phase 3A – Sandalwood at University District subdivision. Anna Leanza, Senior Planner, presented the item and answered questions from the Commission, including: clarifying what is being requested with this project; if this is the last area to be developed in the UDSP area; and, the status of the commercial corner in UDSP area. Public Hearing Opened. Public Comment: Applicant Christina Livingstone with Richmond America made herself available for questions. Public Hearing Closed. ACTION: Moved/seconded (Orloff/Blanquie) to adopt Resolution 2022-08 approving a Temporary Conditional Use Permit for a model home complex in the Vast Oak North Phase 3A – Sandalwood at University District subdivision. Motion carried by the following unanimous (3-0-2) roll call vote: AYES: Austin-Dillon, Blanquie, and Orloff; NOES: None; ABSTAIN: None; ABSENT: Lam and Striplen. 6.4 SOMO Design Review Update Jeff Beiswenger, Planning Manager, presented the item. ACTION: The Commission participated in the presentation and offered comments and questions, including: the size of lots; distance between houses; fire safety issues with proximity of houses; and, date of expected build. 7. ITEMS FROM THE PLANNING COMMISSION The Commission inquired about specifics of the Downtown property, including next steps. Commissioner Orloff noted his absence for the following meeting, and inquired about the status of the Yardbirds site. 8. ITEMS FROM THE DEVELOPMENT SERVICE STAFF None. 9. ADJOURNMENT Acting Chairperson Austin-Dillon adjourned the regular meeting at 7:10. ____________________________________ ___________________________________ Fanny Lam, Chairperson Jennifer Sedna, Secretary Page 1 City of Rohnert Park Planning Commission Report Meeting Date: May 12, 2022 Item No: 6.1 Prepared by: Suzie Azevedo, Assistant Planner Agenda Title: PLUP21-0009, Conditional Use Permit, Old Caz Brew Pub and Tasting Room Location: 1500 Valley House Drive, Suite 110, APN 046-051-045 GP/Zoning: Mixed Use/ PD, Planned Development Applicant/Owner: Bryan Rengel/West County Brewing Co., Inc. RECOMMENDED ACTION: Staff recommends that the Planning Commission adopt: • Resolution No. 2022-09 approving a Conditional Use Permit for a Brew Pub with associated tasting room and outdoor patio area located at 1500 Valley House Drive, Suite 110 (APN 046-051-045). BACKGROUND: The project site is located in the Mixed Use/Planned Development community of SOMO Village. SOMO Village is located in the southeast portion of the City of Rohnert Park on three parcels totaling approximately 176 acres. SOMO Village is bounded by Bodway Parkway on the east, Camino Colegio on the north, the Sonoma Marin Area Rail Transit (“SMART ”) right-of-way on the west, and vacant land north of Railroad Avenue (Figure 1 – Project Location) Page 2 Figure 1. Project Location The applicant, OLD CAZ BEER (West County Brewing Co., Inc.) is looking to expand its brewing and brew pub operations. The company has an existing facility at 5625 State Farm Drive, which will remain as an important part of the beer production process. The brew pub, tasting room and small production area will be relocated to 1500 Valley House Drive, Ste 110, with the establishment/construction of a tasting room and small production area. Pursuant to Chapter 17.06, Article XV.A of the SOMO Village Planned Development Zoning District, a Conditional Use Permit is required for all Alcoholic Beverage Establishments in the T7 zone of the SOMO Village Planned Development. (Figure 2, SVPD Zoning and Regulating Plan) Project Location Page 3 Figure 2 – SVPD Zoning and Regulating Plan Page 4 Project Details Project Characteristics. The proposed 3,097 sq. ft. tasting room will incorporate a small, fast, casual style kitchen and prep area where a supplemental menu will be available when catered food is not provided. A self-contained, conditioned storage space will be used to house kegs for storage and serving. Inside the tasting room, a sectioned off area will house several 12’ tall, 600 gallon fermentation tanks used in production. Primary production will continue at the facility on State Farm Dr., while the SOMO Village location will be used for fermentation and packaging (kegging). The OLD CAZ brew pub operation also proposes a 2,419 sq. ft. outdoor patio area that conceptually will feature a food truck/catered food area where rotating food trucks will have access to power and Host Facility services while in operation. A small 200-300 sq. ft. stage is proposed on the west end of the patio which will be used for amplified sound and smaller musical acts. These musical acts will not be in conflict with the main “concert series” venue. (Figure 3 – Old Caz Brew Pub and Conceptual Outdoor Patio Area) Figure 3 – Old Caz Brew Pub and Conceptual Outdoor Patio Page 5 Pursuant to Chapter 17.06.080 of the Rohnert Park Municipal Code, an Administrative Use Permit is required in the T7 transect zone of the SVPD Zoning and regulating plan for Outdoor and Sidewalk Cafes. A condition of approval has been added that the applicant shall apply for and be approved for the necessary Administrative Use Permit prior to building permit issuance. The final proposal and operational details of the outdoor area will be addressed and conditioned through the Administrative Use entitlement process including the live entertainment, food truck/loading-unloading operation, lighting and landscaping. Floor Plan As previously noted, a 700 sq. ft. area of the tasting room will act as the production/fermentation space. For reference, fermentation is the 2-4 week final step in the brewing process where yeast is added to a sweet liquid extract known as “Wort ”. The yeast then eats the sugars within the Wort and alcohol is produced, making beer. The fermentation step of the brewing process all happens within Fermentation Tanks and requires no heat, little to no water, and creates minimal waste because the finished product (beer) is packaged into kegs which will be served onsite. (Figure 4, Tasting Room/Brewpub Floor Plan) Figure 4 – Tasting Room/Brewpub Floor Plan All the Wort production will continue at the State Farm Drive facility but instead of pumping it into the onsite Fermentation Tanks, the applicant will pump the Wort into 375-gallon totes which can be transported via small box truck or cargo van to SOMO. The delivery vehicle will park in the truck loading/food truck zone and pump into the SOMO space fermentation tanks. Finished product packaging (kegging) at SOMO will primarily be in the morning and will not interfere with neighboring residences or workspaces. Page 6 To comply with County Wastewater standards, an additional sewage hook-up will be required for this space as well as a sample box to ensure no unwanted materials make their way down the drain. The floor plan also shows the food prep, storage, cooler and keg equipment spaces. The remaining space in the unit will be utilized as a tasting room. Serving hours will be 7 days per week and may vary per day but will never exceed 9am – 10 pm. Non -alcoholic options will be served as alternatives as well as a limited menu for pub style food and snacks. The small kitchen will have adequate features both for food prep and Food Truck Host Facility needs. The applicant is also proposing extended hours to midnight on Friday, Saturday and Sunday nights. The Old Caz brew pub will be used to host both customers and artists after concerts at SOMO. Additional hours will be subject to Public Safety approval and all fees associated will be paid by Old Caz. During these hours, there will be no live music or amplified sound at the Old Caz brew pub, but will serve as a place for community members to wind down after a show before heading home. Parking Ample parking is currently available in the parking lot immediately south of the 1500 Valley House Drive building. Additionally, the owner has filed and been approved for a parking lot modification plan for 15 additional spaces and an 8’ access /loading and unloading zone immediately adjacent to the Old Caz tenant space. The owner will be revising the original approval to allow for 15 spaces and a 12’ access zone required for the truck and loading/unloading operation. A Condition of Approval has been added that the modification to the parking lot plan shall be submitted and approved prior to issuance of the Administrative Use Permit for the outdoor patio area operation. (Figure 5 – Parking Layout) Figure 5 – Parking Layout Page 7 ANALYSIS: This project implements the following General Plan Goals and Policies: LU-36 Ensure that land uses are dispersed in accordance with the provisions of the Sonoma Mountain Village Planned Development Zoning District: • Ensure that zoning provisions will reserve ample space for commercial, industrial and/or other business-related uses, and require development to enhance economic activity with the Sonoma Mountain Village area through support of business development programs, support of business incubator programs and mixed use development. • Develop neighborhoods that are compact, pedestrian-oriented and contain mixed-use. • Provide public, institutional, and commercial activities in neighborhoods rather than isolating them in remote single-use complexes. Per RPMC 17.25.014 the Planning Commission shall approve or conditionally approve a conditional use permit application if, on the basis of the application, supporting materials, and written and oral testimony submitted at the hearing, the Planning Commission makes each of the following findings. The findings and basis for making each in the affirmative are found in the attached resolution of approval. • That the proposed location of the conditional use permit is consistent with the objectives of the zoning ordinance and the purposed of the district in which the site is located; • That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and that the operation and maintenance of the conditional use will be compatible with the surrounding uses; • The property conditional use will comply with each of the applicable provisions of this title (the zoning ordinance). ENVIRONMENTAL DETERMINATION: This project is categorically exempt from the California Environmental Quality Act, pursuant to Public Resources Code Section 15301 (Class 1 – Existing Facilities). PUBLIC NOTIFICATION: This item has been duly noticed by publication in the Community Voice for the Conditional 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. Planning Manager Approval Date: Attachment: Resolution 2022-09 • Exhibit A – Old Caz Conditional Use submittal package • Exhibit B – Conditions of Approval PLANNING COMMMISSION RESOLUTION NO. 2022-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK CONDITIONALLY APPROVING FILE NO. PLUP21-0009: USE PERMIT TO ALLOW A BREW PUB LOCATED AT 1500 VALLEY HOUSE DRIVE, SUITE 110 (APN 046-051-045) WHEREAS, the applicant, Bryan Rengel, filed Planning Application No. PLUP21-0009 for a Conditional Use Permit for a brewpub with outdoor patio area located at 1500 Valley House Drive, in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PLUP21-0009 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 May 12, 2022, the Planning Commission reviewed Planning Application No. PLUP21-0009 during a scheduled public meeting at which time interested persons had an opportunity to testify either in support or opposition to the project; and, WHEREAS, at the May 12, 2022 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. PLUP21-0009; 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. Factors considered. The Planning Commission, in approving Planning Application No. PLUP21-0009 makes the following factors, to wit: 1. That the proposed location of the conditional use is in accord 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 Sonoma Mountain Village Planned Development regulating plan within the Rohnert Park Zoning Ordinance conditionally provides for Alcoholic Beverage Establishments within the T7 transect zone of the Sonoma Mountain Village community. Sonoma Mountain Village is a mix-use, sustainable community designed in such a manner that homes are within a five-minute walk of a village center, jobs, services, shopping and entertainment. The establishment of the Old Caz brew pub operation at this location is in alignment with the objectives of the SOMO Village Planned Development for mixed-use, pedestrian friendly neighborhoods and businesses that contribute to the attainment of the live, work, play framework goals of the Planned Development. 2 Reso 2022-09 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 applicant shall be required to secure all necessary permits from the State to allow the operation. In addition, conditions will be imposed by the use permit that should mitigate any concerns related to the facility with regard to building, fire and life safety. 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 project will comply with all applicable Zoning Ordinance standards. Section 4. Environmental Clearance. The project is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to Public Resources Code Section 15301 (Class 1 – Existing Facilities). NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PLUP21-009 subject to the attached Exhibit A, Old Caz Conditional Use submittal package and Exhibit B, Conditions of Approval. BE IT FURTHER RESOLVED that said 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 said action. No building permits shall be issued until the appeal period has expired, providing there are no appeals. DULY AND REGULARLY ADOPTED on this 12th day of May, 2022 by the City of Rohnert Park Planning Commission by the following vote: AYES: _____ NOES:_____ ABSENT:_____ ABSTAIN:_____ AUSTIN-DILLON _____ BLANQUIE _____ LAM _____ ORLOFF ____STRIPLEN _____ ________________________________________________________ Fanny Lam, Chairperson, Rohnert Park Planning Commission Attest: ________________________________ Jennifer Sedna, Recording Secretary Attachments: Exhibit A – Old Caz Conditional Use submittal package Exhibit B - Conditions of Approval OWNER TENANT INITIAL SOMO VILLAGE 1500 VALLEY HOUSE DRIVE FIRST FLOOR PLAN EXHIBIT A OLD CAZ BREWPUB TRUCK/CATERER LOADING OLD CAZ PATIO Exhibit A to Resolution COMCAST FENCED FENCED CONSTRUCTION AREA AVAILABLE PARKING RIEKE EMPLOYEE PARKING AVAILABLE PARKING OLD CAZ BREWPUB KEG EQUIP.(N)105COOLER(N)106STORAGE(N)104FOOD PREP(N)102FERMENTATION(N)107TASTING ROOM(N)101WASH(N)103LOBBYMAIL ROOMJANITORELEVATORLOCKERSLOCKERSEXITEQUIPMENTBIKESMEMBERSMOTHERSWOMENMEN20'-3"10'-5"56'-1"54'-5"9'-5"26'-5"8'-9" 4'-0"4'-0"4'-2" 4'-0"6'-0"8'-9"18"3'-0" 6'-5"30'-2" 6'-0"8'-9"18"8'-9"18"11'-8"18"18"SCALE: 1/8" = 1'-0"PRELIMINARY FLOOR PLAN1500 VALLEY HOUSE DRIVE I ROHNERT PARK I CALIFORNIASheet:Sheet title:File name:Project #:Drawn by:Date:Copyright 2022. All rights reserved. No part of thiswork product shall be reproduced in any form orby any means-graphic, electronic or mechanical,including photocopying, without permission inwriting from RENGEL+CO.201807R.C.A.02.14.22Projects/ Old Caz Brewery/ SOMO1500 VALLEY HOUSE DRIVEROHNERT PARK, CA 94928OLD CAZBREWERYRevisions:No.DateDescriptionHistory record:DateDescriptionrengel co.+2089 Ward Street, San Luis Obispo, CA 93401O+ 805.541.7115C+ 805.704.3663www.rengelarch.comarchitectsrengel co.architects+P1.0PRELIMINARYFLOOR PLANNORTH KEG EQUIP.(N)105COOLER(N)106STORAGE(N)104FOOD PREP(N)102FERMENTATION(N)107TASTING ROOM(N)101WASH(N)103LOBBYMAIL ROOMJANITORELEVATORLOCKERSLOCKERSEXITEQUIPMENTBIKESMEMBERSTRUCKLOADINGSTAGENO PARKINGBEER GARDEN9'-5"(7) 60° STALLS @ 9'-0" x 19'-0" 5'-0" 8'-0"9' -0 "9' -0 "9' -0 "9' -0 "9' -0 "9' -0 "12' -0 "9' -0 "6' -0 "9' -0 "9' -0 "9' -0 "9' -0 "9' -0 "9'-0"9'-0"(5) 60° STALLS @ 9'-0" x 19'-0"ACCESSIBLESTALLVAN ACCESSIBLESTALLSCALE: 1/8" = 1'-0"NORTHPRELIMINARY SITE PLAN1500 VALLEY HOUSE DRIVE I ROHNERT PARK I CALIFORNIASheet:Sheet title:File name:Project #:Drawn by:Date:Copyright 2022. All rights reserved. No part of thiswork product shall be reproduced in any form orby any means-graphic, electronic or mechanical,including photocopying, without permission inwriting from RENGEL+CO.201807R.C.A.02.14.22Projects/ Old Caz Brewery/ SOMO1500 VALLEY HOUSE DRIVEROHNERT PARK, CA 94928OLD CAZBREWERYRevisions:No. Date DescriptionHistory record:Date Descriptionrengel co.+2089 Ward Street, San Luis Obispo, CA 93401O+ 805.541.7115 C+ 805.704.3663www.rengelarch.comarchitectsrengel co.architects+P1.1PRELIMINARYSITE PLAN 1 Exhibit B ADOPTED PER PLANNING COMMISSION RESOLUTION NO. 2022-09 Conditions of Approval Conditional Use Permit: Old Caz Brew Pub – 1500 Valley House Drive The conditions below shall apply to the 1500 Valley House Drive Conditional Use Permit for Old Caz Brew Pub located at 1500 Valley House Drive, Suite 110 General Conditions 1. The Conditional Use Permit approval shall expire one year from the Planning Commission approval date, unless prior to the expiration a building permit is filed; the use has been established and/or an extension is requested and approved. 2. All applicable provisions of the City of Rohnert Park Municipal Code, are made a part of these conditions of approval in their entirety, as if fully contained herein. 3. The violation of any condition listed herein shall constitute a nuisance and a violation of the RPMC. In conformity with Chapter 1.16 of the RPMC, a violation of the RPMC may be an infraction or a misdemeanor and shall be punishable as provided by law. In addition to criminal penalties, the City may seek injunctive relief. The Applicant agrees to pay for all attorney’s fees and costs, including, but not limited to, staff time incurred by the City in obtaining injunctive relief against the Applicant as a result of a failure of the Applicant to fully perform and adhere to all of the Conditions of Approval. 4. 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. 5. Prior to the on-site sale and consumption of any alcoholic beverage, the applicant shall obtain the required alcoholic use permit (s) as required by Chapter 8.34 (Use Permits for Alcoholic Beverage Establishments) of the Municipal Code and Alcohol Beverage Control. 6. The applicant shall provide evidence of approval for a “host facility” with the Sonoma County Department of Environmental Health & Safety. 2 7. The applicant must comply with the City of Rohnert Park Municipal Code Chapter 17.12 (17.12.030) Noise Standards. Further, the applicant agrees to and shall ensure that uses and activities are conducted in a manner that protects the public health and safety and does not produce adverse impacts on surrounding properties or the community at large. The City of Rohnert Park Public Safety Department shall have final authority over the reasonableness of the sound and its unnecessary, excessive or annoying effects to the area. 8. Any signage proposed shall be submitted and approved by the Planning Division prior to a building permit application for installation. Prior to Issuance of Building Permit 9. The SOMO Village 1400 Parking Lot Improvement Plan and building permit plans for this project shall reflect 15 parking spaces and a 12’ access zone to accommodate the food truck and truck delivery portion of the brew pub operation. 10. The building permit plans shall illustrate and detail the new sewer lateral and sampling manhole. 11. The applicant shall submit a Best Management Practice (BMP) for the Wort pumping operation. The plan shall clarify how pumping will be handled, how spills or leaks from the pumping operation in front of the building will be handled. 12. The building plans shall illustrate and detail a grease separator in the food prep and service area, if required by the Department of Environmental Health. Prior to Establishment of the Outdoor Patio Area 13. Pursuant to Chapter 17.06.080 of the SVPD Zoning and Regulating Plan, and Chapter 17.07 of the Rohnert Park Municipal Code (Land Use Footnotes), an Administrative Use Permit shall be filed and approved for the outdoor patio and seating area. This will include review of the food truck operation, live entertainment, lighting and landscaping for the exterior details of the brew pub operation. 14. Demonstrated compliance with City storm water requirements is required prior to approval of the Administrative Use Permit described in COA 13. 15. Garbage receptacle are required as part of the outdoor seating area and shall be shown and illustrate on the Administrative Use Permit submittal package.