2024/01/25 Planning Commission Resolution 2024-01PLANNING COMMISSION RESOLUTION NO. 2024-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK APPROVING A ONE-YEAR EXTENSION OF THE APPROVAL OF SITE PLAN
AND ARCIDTECTURAL REVIEW FOR THE EL ROY'S EXPRESS MEX
RESTAURANT REMODEL LOCATED AT 6620 COMMERCE DRIVE
(APN 143-061-064)
WHEREAS, the City processed an application for Site Plan and Architectural Review
(Planning Application No. PLSR22-003) for the El Roy's Remodel Project located at 6620
Commerce Boulevard in the time and manner prescribed by State and local law; and
_WHEREAS, on December 8, 2022, the Planning Commission of the City of Rohnert
Park approved the Site Plan and Architectural Review of the El Roy's Express Mex Project; and
WHEREAS, the applicant, Roy Cabrera, El Roy's Express Tex has submitted an
application for a one-year time extension of the approval for Site Plan and Architectural Review
pursuant to Section l 7.25.035B. Lapse of Approval/Renewal of the Rohnert Park Municipal
Code; and
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 January 25, 2024, the Planning Commission held a public meeting at
which time interested persons had an opportunity to testify either in support or opposition to the
proposed time extension for the Site Plan and Architectural Review; and
WHEREAS, the Planning Commission, using their independent judgment, reviewed the
time extension request and all evidence in the record related to the proposed project including the
staff report, public testimony and all evidence presented both orally and in writing.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Rohnert Park, California, hereby makes the following findings:
A.The Planning Commission, at a public hearing on January 25, 2024 reviewed the
applicant's request for a one-year extension of the approval of Site Plan and
Architectural Review for the Project, and all evidence in the record related to the
Project including the staff report, public testimony, and all evidence presented
both orally and in writing.
B.The Planning Commission finds that a one-year extension of the approval of the
Site Plan and Architectural Review for the Project is consistent with the approved
plans and with the Rohnert Park Municipal Code Section 17.25.035.B.
C.The Planning Commission finds that a one-year extension of the approval of the
Site Plan and Architectural Review is consistent with the City of Rohnert Park
(City) approved Central Rohnert Park Priority Development Area (PDA) Plan
adopted in March of 2016. The intent of the PDA Plan is to support transit-
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oriented and infill development in existing communities within the City,
particularly adjacent to transit. In accordance with the California Environmental
Quality Act (CEQA), the City prepared an EIR to analyze the impacts associated
with implementation of the PDA Plan on a program-level basis. The PDA EIR
was also certified in March 2016.
hn.pacts associated with the project are consistent with those previously identified
and analyzed and the implementation of applicable mitigation measures. To
ensure the effective implementation and enforcement of applicable PDA EIR
mitigation measures, the proposal would be required to adhere to the MMRP for
the PDA EIR. A condition of approval has been added to address and mitigate all
applicable mitigation measures adopted by the PDA EIR.
NOW THEREFORE BE IT FURTHER RESOLVED, that the Planning Commission
does hereby approve the applicant's request for a one-year extension of the approval of Site Plan
and Architectural Review for the El Roy's Express Tex Mex Project located at 6620 Commerce
Boulevard subject to the following conditions:
l.The applicant shall comply with all applicable sections of the City of Rohnert Park
Municipal Code.
2.The Project remains subject to the conditions as outlined in Resolution 2022-15, adopted
by the Planning Commission on December 8, 2022, and attached hereto as Exhibit 1.
3.The applicant shall secure all necessary permits and clearances from the Rohnert Park
Building, Engineering, and Public Safety Departments prior to commencement of
construction.
DULY AND REGULARLY ADOPTED on this 25h day of January 2024 by the City of Rohnert
Park Planning Commission by the following vote:
AYEs:£NoEs:� ABSENT:� ABSTAIN:�
AUSTIN-DILLON� EPSTEIN�AM-¥RLOFF� STRIPLEN¥
Matthew E. teii:Chairp erson, City of Rohnert Park Planning Commission
Attest: �cCJe, 6/� ..
Clotile Blanks, Recording Secretary
Exhibit 1 -Conditions of Approval
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Reso 2024-01
EXHIBIT 1
ADOPTED PER PLANNING COMMISSION RESOLUTION NO. 2022-15
Conditions of Approval
Site Plan and Architectural Review: 6620 Commerce Boulevard -El Roy's
Restaurant Remodel
The conditions below shall apply to the El Roy's restaurant project located at 6620 Commerce
Boulevard.
General Conditions
1.The Site Plan and Architectural Review approval shall expire one year from the
Planning Commission approval date, unless prior to the expiration an application for
a building permit is filed and or an extension is requested and approved. 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 fuJly contained herein.
2.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.
3.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 pwpose 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.
4.Place the text of these Conditions of Approval in a general notes section on plan
sheets when applying for the building permit.
Desi gn Conditions
5.The Project is approved as shown in the Design Submittal package attached to the
Planning Commission Site Plan and Architectural Review approval resolution except
as conditioned or modified below.
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6.The applicant shall work with Planning Division staff to arrive at a signage plan that
meets the requirements of Section 17.27 Signage of the Rohnert Park Municipal Code.
7.Landscaping shall be constructed in accordance with the State's most current Model
Water Efficient Landscaping Ordinance (MWELO), or in accordance with water
conservation standards which meet or exceed the requirements of the MWELO and
the Rohnert Park Priority Development Area Landscape/Streetscape Design
Standards. The Applicant shall submit a final landscaping and irrigation plan that
identifies landscape material types and locations, irrigation, water usage calculations,
and other information as required. The plan shall be submitted to and reviewed and
approved by the Development Services Department prior to construction. All costs
for review of the requirements of the MWELO shall be borne by the Applicant. All
landscaping and irrigation subject to the MWELO shall be substantially complete
prior to the issuance of a Certificate of Occupancy.
8.Any new trees within five (5) feet of the public right-of-way or within five (5) feet of
any paved areas within the project shall have root barriers that are approved by the
City Engineer.
9.The Applicant and Contractor shall adhere to all project conditions of approval and
all applicable Mitigation Monitoring Plan Conditions (Attached as Exhibit C toResolution 2022-15), related to construction, including:
a.Mitigation Measure 3.2-2: Conduct Site-Specific Preconstruction Nesting Bird
Surveys and Implement Protective Actions if Active Nests are Detected.
10.The trash enclosure shall comply with Section 17.12.130 of the Rohnert Park
Municipal Code.Public Safety 11. Addresses shall be plainly visible from the street as required by CFC and Ordinance
920.
12.A key box shall be provided with a set of permanently labelled keys to entry and
utility doors. The box may be purchased from the Fire Prevention Bureau at (707)
584-2641.
13.Electrical power shall be reestablished for the site and building. Once power is
restored as test shall be conducted of the emergency egress lights.
14.Calculate and post occupant load (Place of Assembly) prior to final occupancy.
15.All work shall comply with all codes, ordinances and standards, whether shown on
the plans or not.
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Grading and Improvement Plan Requirements 16.All improvements shall be designed in conformance with: the City of Rohnert Park,Manual of Standards, Details and Specifications in effect at the time of development;17.Prior to any site work activity grading and improvement plans shall be submittedwith a completed Land Development Review Submittal worksheet.18.The improvement plans shall illustrate accessible ramps and parking as required byState of California Title 24.Improvement Plan Requirements 19.The improvement plans shall be prepared by a Registered Civil Engineer, licensed inthe State of California, shall be submitted for the review and approval of the CityEngineer and the Fire Marshall. (Engineering and Public Safety)20.The improvement plans shall illustrate public street frontage improvements, includinggrading, paving, utilities, drainage structures, lighting and trash collection facilities.The improvements plans shall include parking lots, street and utility informationincluding all concrete curb and gutter, sidewalk, street lights, striping and si gning,paving, water lines, storm drain lines and sewer lines as necessary, erosion control andany necessary transitions.21.The sidewalk fronting Commerce Boulevard shall have a minimum four ( 4) foot widthpath.22.Show all dry utilities on the building/grading plans.23.Existing driveway may have to be modified to meet City Standard 250A.24.The Improvement Plans shall include the following required notes:a."Any excess materials shall be considered the property of the contractor andshall be disposed of away from the job side in accordance with applicablelocal, state and federal regulations."b."During construction, the contractor shall be responsible for controllingnoise, odors, dust and debris to minimize impacts on surrounding propertiesand roadways. Contractor shall be responsible that all construction equipmentis equipped with manufacturers approved muffler's baffles. Failure to do somay result in the issuance of an order to stop work."c."If at any time during earth disturbing activities a concentration of artifacts ora cultural deposit is encountered, work shall stop in the immediate area andthe construction manager shall contact the City and a qualified archeologist."3
d."If human remains are encountered anywhere on the project site, all workshall stop in the immediate area and the construction manager shall contactthe City, the County Coroner and a qualified archeologist ."e."Ifpaleontological resources or unique geologic features are encounteredduring construction, all work shall stop in the immediate area and theconstruction manager shall contact the City and a qualified paleontologist."f "Construction work hours shall be consistent with the Rohnert Park Municipal Code, Noise Ordinance. g.If hazardous materials are encountered during construction, the contractorwill halt construction immediately, notify the City of Rohnert Park, andimplement remediation (as directed by the City or its agent) in accordancewith any requirements of the North Coast Regional Water Quality ControlBoard."h."The contractor(s) shall be required to maintain traffic flow on affectedroadways during non-working hours, and to minimize traffic restrictionduring construction. The contractor shall be required to follow trafficsafety measures in accordance with the Cal Trans "Manual of TrafficSafety Controls for Construction and Maintenance Work Zones." The Cityof Rohnert Park emergency service providers shall be notified of proposedconstruction scheduled by the contractor(s) in writing and at least 24 hoursin advance of its proposed schedule of work."1. Use of plastic monofilament netting ( e.g., erosion control matting orwattles) for erosion control is prohibited. Appropriate fiber netting orsimilar natural materials (e.g., coconut coir matting) shall be used forerosion control or other purposes in sensitive areas, to reduce the potentialfor entrapping wildlife.J."The Contractor is responsible for the removal of all USA markingscreated within the project limits, and in relation to the project.Replacement and restoration must meet the approval of the CityEngineer."k."The contractor shall maintain one clean set of marked plans showing allchanges and "as built" information. This set of plans will be submitted tothe City engineer upon completion of work."I."All utility covers shall meet final paving elevations. More than 0.25 inchof deviation between the top of the utility cover and the surroundingpavement in a six foot radius at any location shall be cause for rejection."4
m."Any current or new curb and gutter and sidewalk non-compliant shall bereplaced by the developer to the City Standard at the discretion of the CityEngineer.25.Landscape plans shall be submitted with the civil improvement plans.Sidewalk alignment shall be shown on both the civil and landscape plans.26.If a tree needs to be removed, applicant shall obtain a tree removal permitfrom PlanningHydrology, Storm Water and Storm Drain 27.The applicant shall prepare and implement a site specific erosion controlplan acceptable to the City that identifies best management practices foreffectively reducing discharges of storm water containing sediment andconstruction wastes resulting from site construction activities. Theapplicant shall comply with all other requirements set forth in City'sstormwater permit.28.If required, the improvement plans shall be in conformance with the Cityof Santa Rosa and Sonoma County Stonn Water Low ImpactDevelopment Technical Design Manual (latest edition).29.Discharge of runoff onto pavement should be avoided.Water System Requirements 30.The improvement plans shall show backflow prevention devices inaccordance with the requirements of the City of Rohnert Park's BackflowPrevention Ordinance.31.The irrigation line shall match the same size as the existing potable waterline and have a separate backflow device.32.All City water meters shall be located within the right-of-way or publiceasements unless otherwise approved by the Development ServicesDepartment.Sewer System Requirements 33.The improvement plans shall illustrate any grease traps required forcommercial kitchen or restaurant facilities in accordance with therequirements of the Santa Rosa Subregional System and the City ofRohnert Park Design Standards.5
Prior to the Issuance of Grading Pennits and/or Improvement
Agreements
34.The applicant shall secure an encroachment permit from the City prior to
performing any work within the City right of way or constructing a City
facility within a City easement.
35.If the site will require import or export of dirt. the applicant shaU submit in
writing the proposed haul routes for the trucks and equipment. The haul
routes must be approved by the City prior to import/export work
commencmg.
36.The applicant will conduct nesting bird surveys prior to initiating any new
construction activity between February 1 and August 31, and comply with
its recommendations.
37.For a grading permit, the applicant shall secure an approval of the grading
plan, pay all required fees and post sufficient surety guaranteeingcompletion.
38.If permanent BMPs are necessary, determined by the Santa Rosa and
Sonoma County Storm Water Low Impact Development Technical Design
Manual (latest edition), then the applicant shall enter into a Master
Maintenance Agreement with the City of Rohnert Park.
39.The project applicant shall prepare and implement a traffic control plan for
construction activities that may affect road rights-of-way, to facilitate
travel of emergency vehicles on affected roadways. The traffic control
plan must follow applicable City of Rohnert Park standards and must be
approved and signed by a professional engineer.
During Construction
40.All construction shall conform to the City's most current Manual of
Standards, Details, and Specifications latest edition, all City Ordinances
and State Map Act and the approved plans.
41.If any hazardous waste is encountered during the construction of this
project, all work shall be immediately stopped and the Sonoma County
Environmental Health Department, the Fire Department, the Police
Department, and the Development Services Inspector shall be notified
immediately. Work shall not proceed until clearance has been issued by all
of these agencies.
42.The applicant shall be responsible to provide and maintain erosion and
pollution control in accordance with the approved plans and permits.
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43.The applicant shall keep adjoining public streets free and clean of project
dirt, mud, materials, and debris during the construction period.
44.If grading is to take place between October 15 and April 15, both
temporary and permanent erosion control measures, conforming to the
project erosion control plans shall be in place before October 1st. Erosion
control measures shall be monitored and maintained continuouslythroughout the storm season.
45.The following minimum Best Management Practices (BMPs) shall be
required during construction:
a.Construction crews shall be instructed in preventing and
minimizing pollution on the job.
b.Construction entrances/exits shall be stabilized to prevent tracking
onto roadway.
c.Exposed slopes shall be protected from erosion through
preven tative measures.
d.Use brooms and shovels when possible to maintain a clean site
e.Designate a concrete washout area. Maintain washout area and
dispose of concrete waste on a regular basis.
f.Establish a vehicle storage, maintenance, and refueling area.
g.Protect drain inlets from receiving polluted storm water through
the use of filters such as fabrics, gravel bags or straw wattles.
h.Have necessary materials onsite before the rainy season.
1. Inspect all BMPs before and after each storm event. Maintain
BMPs on a regular basis and replace as necessary, through the
entire course of construction.
J.All construction implementation measures as outlined in the
MMRP.
46.The Project shall comply with the City's Municipal Code, including hours
of construction. All construction equipment shall be adequately muffled
and properly tuned in accordance with manufacturer's specifications. All
equipment shall be checked by a certified mechanic and determined to be
running in proper condition prior to operation.
47.Hours of work shall be limited to between 8 a.m. to 6 p.m. Monday
through Friday. Work on San.rrday or Sunday will only be permitted with
written permission from the City. Requests for extended hours must be
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submitted 72 hours in advance. 48.Throughout the construction of the project, the Bay Area Air QualityManagement District's Basic Construction Control Measures AdditionalConstruction Control Measures for Dust shall be maintained to thesatisfaction of the City. At a minimum these measures include:a.All exposed surfaces ( e.g. parking areas, staging areas, soil piles,graded areas and unpaved access roads) shall be watered two timesper day.b.All trucks transporting soil, sand or other loose material off-siteshall be covered.c.All visible mud or dirt track-out onto adjacent public roads shall beremoved using wet power-vacuwn street sweepers at least once perday. The use of dry power sweeping is prohibited.d.All roadways, driveways and sidewalks to be paved shall becompleted as soon as possible.e.Idling times shall be minimized either by shutting equipment offwhen not in use or by reducing the maximum idling time to 5minutes (as required by the California airborne toxics controlmeasure Title 13, Section 2485 of the California Code ofRegulations). Signs notifying workers of these requirements shallbe clearly posted at all construction access points. haulingconstruction and demolition debris from the site.£ All construction equipment shall be maintained and properly tunedin accordance with manufacturers' specifications. All equipmentwill be checked by a certified emissions evaluator.g.The prime construction contractor shall post a publicly visible signwith the telephone number and person to contact at theconstruction site and at the City of Rohnert Park regarding dustcomplaints. The prime construction contractor shall respond andtake corrective action within 48 hours. The Bay Area Air QualityManagement District's phone number shall also be visible toensure compliance with applicable regulations.h.Suspend dust-producing activities during periods wheninstantaneous gusts exceed 20 mph when dust control measures areunable to avoid visible dust plumes.49.All building or grading permits issued for projects within the plan areashall include the following Basic Construction Control Measures(BAAQMD, 2017a) as a condition of the permit.8
a.Site accesses to a distance of 100 feet from the paved road shall be
treated with a 6 to 12 inch compacted layer ofwoodchips, mulch
or gravel.
b.Sandbags or other erosion control measures shall be installed to
prevent silt runoff to public roadways from sites with a slope
greater than 1 percent.
c.Throughout the construction of the project, the Bay Area Air
Quality Management District's Additional Construction Control
Measures for Exhaust-Related Emissions shall be maintained to the
satisfaction of the City. At a minimum these measures include:
d.Idling time for diesel-powered construction equi pment shall be
limited to 2 minutes.
e.Low-volatile organic compound (i.e. ROG) coatings shall be used
beyond local requirements.
£ All contractors shall use equipment that meets ARB's most recent
certification for standard off-road heavy diesel engines.
g.All contractors shall ensure that all 50 horsepower or greater
diesel-powered equipment are powered with California Air
Resources Board certified Tier 4 interim engines, except where the
applicant establishes t to the satisfaction of the City that Tier 4
interim equipment is not available. In that case the applicant may
upgrade another piece of equipment to compensate (from Tier 4
interim to Tier 4 final).
h.All contractors shall evaluate the feasibility of using alternatively
fueled vehicles and equipment during construction activities.
50.If the existing city streets are damaged during construction, the applicant
shall be responsible for repair at no cost to the city.
51.The applicant is responsible for damages to any existing facilities on the
neighboring properties (i.e. fences, gates, landscaping, walls, etc.).
Prior to Acceptance of Public Improvements
52.All improvements shown on the Improvement Plans shall be completed.
53.All existing curb, gutter and sidewalk to remain shall be inspected by the
City. Any curb, gutter and sidewalk which is not in accord with City
standards or is damaged before or during construction, shall be replaced.
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54.The applicant shall provide a written statement signed by his or herengineer verifying that the grading and/or drainage improvements arecompleted in accordance with the plans approved by the Sonoma CountyWater Agency, the City Engineer, and the Building Official.55.A complete set of As-Built or Record, improvement plans on the standardsize sheets shall be certified by the Civil Engineer licensed in the State ofCalifornia and returned to the City Engineer's office prior to finalacceptance of the public improvement. These shall show all constructivechanges from the original plans including substantial changes in the size,alignment, grades, etc. during construction.56.Approved Record Drawings shall be provided to the City geo-referencedin Autocad DWG and & PDF File formats.10