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2023/10/12 Planning Commission Agenda Packet City of Rohnert Park Joint Special Meeting of the Bicycle and Pedestrian Advisory Committee and Planning Commission and Planning Commission Regular Meeting NOTICE IS HEREBY GIVEN THAT A MEETING will be held on Thursday, October 12, 2023 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. JOINT MEETING CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. READING OF THE LAND ACKNOWLEDGEMENT The City of Rohnert Park acknowledges Indigenous Peoples as the traditional stewards of the land. Let it be acknowledged that the City of Rohnert Park is located within the traditional homeland of the Federated Indians of Graton Rancheria, comprised of Coast Miwok and Southern Pomo peoples. 4. ROLL CALL Bicycle and Pedestrian Advisory Committee (Gutierrez _____ Hensel ____ Johnson _____ Keith _____ Ogren_____) Planning Commission (Austin-Dillon_____ Epstein____ Lam____ Orloff____ Striplen_____) 5. PUBLIC COMMENT – Persons who wish to speak to the Commission/Committee 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. 6. AGENDA ITEMS 6.1 Update of Countywide Active Transportation Plan and Rohnert Park Bicycle and Pedestrian Master Plan. 7. ADJOURNMENT OF JOINT SPECIAL MEETING WITH THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE 8. CONSENT CALENDAR - ADOPTION OF MINUTES 8.1 Approval of the Draft Minutes of the Planning Commission Meeting of August 24, 2023 Commissioner Motion/Roll Call Vote: (Austin-Dillon_____ Epstein____ Lam_____Orloff_____ Striplen _____) 9. AGENDA ITEMS 9.1 PUBLIC HEARING –AMENDMENT OF RECORDED MAP- File No. PLSD23-0003 – Jorden Tappin, DR Horton Bay Area Division - Consideration of Resolution 2023-20 approving a Certificate of Correction amending an approved and recorded Final Map for University District Vast Oak Phase 3b, changing the street name “Owen Place” To “Owens Place” (APN 159-550-029) CEQA: The project is categorically exempt from the California Environmental Quality Act, pursuant to Public Resources Code Section 15301 (Class 1 – Existing Facilities). Additionally, the proposed Certificate of Correction is consistent with the analyses in the 2006 EIR and 2014 Addendum for the University District Specific Plan and will not result in additional environmental effects not previously evaluated in the EIR and Addendum. No additional environmental review is necessary. 9.2 PUBLIC HEARING – MUNICIPAL CODE AMENDMENTS – File Nos. PLMC23-0001, PLSP23-0002, PLSP23-0003 – City of Rohnert Park – Consideration of Resolution 2023-18, recommending to the City Council approval of an Ordinance terminating the City’s moratorium on new or expanded automobile service station uses, amending the Rohnert Park Municipal Code Chapter 15.34 “Electric Vehicle Charging Station Review Process”, Section 17.04 (Definitions), Section 17.070.20.C (Automotive Service Stations), Section 17.06.060 (Permitted Uses), Section 17.06.100 (Permitted Uses), Section 17.06.640 (Permitted Uses), Section 17.06.840 (Permitted Land Uses), the Northwest Specific Plan, and the Wilfred Dowdell Specific Plan, to permit hydrogen fueling stations pursuant to Government Code Section 65850.7 CEQA: Termination of the moratorium and text amendments to the municipal code and specific plans are not subject to CEQA pursuant to sections 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in section 15378 of the CEQA Guidelines, because it has no potential for resulting in a physical change to the environment, directly or indirectly). Additionally, this action is exempt pursuant to CEQA Guidelines section 15308 (actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment), and CEQA Guidelines section 15268 (processing and approval of ministerial projects). Commissioner Motion/Roll Call Vote: (Austin-Dillon_____ Epstein____ Striplen____ Lam_____Orloff_____) 10. ITEMS FROM THE PLANNING COMMISSION 11. ITEMS FROM THE DEVELOPMENT SERVICES STAFF 12. ADJOURNMENT OF PLANNING COMMISSION MEETING 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 the 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: Any member of the public who needs accommodations should email the ADA Coordinator at jcannon@rpcity.org or by calling 707-588-2221. The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Information about reasonable accommodations is available on the City website at: https://www.rpcity.org/city_hall/departments/human_resources/a_d_a_and_accessibility_resources CERTIFICATION OF POSTING OF AGENDA I, Clotile Blanks, Community Development Technician, for the City of Rohnert Park, declare that the foregoing notice and agenda for the October 13, 2023, Planning Commission Meeting of the City of Rohnert Park was posted and available for review on October 6, 2023, 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 October 2023 at Rohnert Park, California. Clotile Blanks 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 October 26, 2023. Minutes of the Planning Commission Meeting of the City of Rohnert Park Thursday, August 24, 2023 6:00 P.M. 130 Avram Avenue, Rohnert Park 1. CALL TO ORDER Chairperson Austin-Dillion called the regular meeting to order at 6:00 p.m. 2. PLEDGE OF ALLEGIANCE Led by Acting Chairperson Commissioner Orloff. 3. READING OF THE LAND ACKNOWLEDGEMENT The City of Rohnert Park acknowledges Indigenous Peoples as the traditional stewards of the land. Let it be acknowledged that the City of Rohnert Park is located within the traditional homeland of the Federated Indians of Graton Rancheria, comprised of Coast Miwok and Southern Pomo peoples. 4. ROLL CALL Present: Tramaine Austin-Dillion, Chairperson Fanny Lam - Commissioner Marc Orloff, Commissioner Charles Striplen, Commissioner Absent: Matt Epstein, Vice Chairperson 5. PUBLIC COMMENT None. 6. CONSENT CALENDAR - ADOPTION OF MINUTES 6.1 Approval of the Draft Minutes of the Planning Commission Meeting of August 10, 2023. ACTION: Moved/Seconded (Orloff/Striplen) to adopt the Minutes of the Planning Commission Meeting of June 22, 2023. Motion carried by the following (4-0-1) roll call vote: AYES: Austin-Dillion, Orloff, Striplen, Lam and; NOES: None; ABSENT: Epstein, 7. AGENDA ITEMS 7.1 PUBLIC HEARING – CONDITIONAL USE PERMIT – PLUP23-0002 – United Cerebral Palsy of the North Bay Adult Daycare. Consideration of Resolution 2023-18, approving a Conditional Use Permit to allow an adult day care use within an existing multi-tenant commercial building located at 6593-6597 Commerce Boulevard (APN 143-087). Assistant Planner, Suzie Azevedo provided a PowerPoint presentation on United Cerebral Palsy of the North Bay Adult Daycare as noted above. Ms. Azevedo stated that there are two (2) programs for adults ranging in the ages of 18 to senior and another for a senior adult day program. The proposal is to operate a daycare program to support adults and senior adults with intellectual/developmental disabilities. The program will serve 60 – 70 adults combined. The participants are provided transportation to and from the facility. The hours of operation are Monday through Friday 8:00 a.m. to 4:00 p.m. The existing tenants of the center include UCP Flipside Thrift Store, Auto Zone, and Planet Fitness. Adjacent land uses include Grocery Outlet, 24-hour fitness, and other restaurants and commercial businesses. Ms. Azevedo noted that daycare activities within the center are all conducted indoors, and include current events, arts and crafts, light exercise, and group games. The program also provides on-site community jobs for seniors and off-site activities which include music therapy. These activities allow participation in the community in which they live and to develop social and daily living skills. Ms. Azevedo stated that the required findings as follows have been satisfied and are outlined in the resolution of approval, attached to the staff report: • Location of use is consistent with the zoning ordinance and purpose of the district. • Use will not be detrimental to public health, safety, and welfare. • Otherwise complies with the zoning ordinance. Staff recommended the adoption of Resolution 2023-10 approving a Conditional Use Permit to allow an adult day care facility in an existing multi-tenant commercial building located at 6593 and 6597 Commerce Boulevard. Chairperson Austin-Dillion asked the Commissioners if they had any questions. There being none, Chairperson Austin-Dillion invited the applicant, Christine Isetta, Director of Administration at United Cerebral Palsy of the North Bay to introduce herself to the Commissioners. Ms. Isetta stated the following: • UCP purchased the entire property at 6591 Commerce Blvd • Opened Flipside Thrift in September of 2020 – 6591 Commerce Blvd. • Purchased the entire Commerce Street property in 2021 • The Senior Adult program currently housed at 6800 Hunter Dr. will move into the former SPICE location at 6597 Commerce • UCP created a mini Recycling Center at 6593 Commerce • UCP services adults from Rohnert Park, Petaluma, and Santa Rosa with job training to assist them to become more independent. • UCP is looking forward to partnering with businesses in Rohnert Park. Commissioner Striplen asked if this service was in high demand in the Rohnert Park area and are there similar facilities in the county. Ms. Isetta stated that there is high demand and there are other organizations such as Santa Rosa Becoming Independent. Ms.Isetta said that their organization does its best to accommodate everyone who applies for their program. Commissioner, Austin-Dillion, Lam, and Orloff thanked Ms. Isetta for their service. The Public Hearing was opened and closed by Chairperson Austin-Dillion. ACTION: Moved/seconded (Orloff/Striplen) to approve a Conditional Use Permit to allow an Adult Daycare facility in an existing multi-tenant commercial building located at 6593 and 6597 Commerce Boulevard. Motion carried by the following (4-0-1) roll call vote: AYES: Austin-Dillion, Orloff, Striplen; Lam NOES: None; ABSTAIN: None; ABSENT: Epstein. 8. ITEMS FROM THE PLANNING COMMISSION Commissioner Orloff stated that he had received a few phone calls from applicants regarding outstanding planning issues. City Manager Marcela Piedra approached the podium to give an update on the status of employee positions in the Planning Department. 9. ITEMS FROM THE DEVELOPMENT SERVICES STAFF Suzie Azevedo stated that there is no business for the first meeting in September and that the meeting will be canceled. Elliott Pickett may bring an item for the second meeting in September. 10. ADJOURNMENT Chairperson Austin-Dillion adjourned the regular meeting at 6:35 p.m. ________________________________ ___________________________________ Chairperson Recording Secretary – Clotile Blanks Page 1 of 2 CITY OF ROHNERT PARK PLANNING COMMISSION STAFF REPORT Meeting Date: October 12, 2023 Item No: 6.1 Prepared By: Eydie Tacata, Senior Public Works Analyst Elliott Pickett, Associate Planner Agenda Title: Update of Countywide Active Transportation Plan and Rohnert Park Bicycle and Pedestrian Master Plan Location: Citywide RECOMMENDED ACTION: None. Informational item only. BACKGROUND: In 2008, the Sonoma County Transportation Authority (SCTA) coordinated the development of a Countywide Bicycle and Pedestrian Master Plan (“Countywide BPMP”) that also included several local Bicycle and Pedestrian Master Plans (“BPMPs”). The City of Rohnert Park was among several Sonoma County jurisdictions to participate. The Countywide BPMP consisted of a Countywide Overview with Appendices for individual jurisdiction plans. The Countywide Overview set the tone for the County and local BPMPs, including the countywide vision, principal goals, countywide objectives, countywide planning efforts, and background data. Each jurisdiction’s BPMP also served as its own stand-alone document to guide the implementation of local projects and programs and ensure consistency and compliance with each jurisdiction’s General Plan. The local BPMPs were formally adopted by each jurisdiction. In 2014, the Countywide and local BPMPs, including the Rohnert Park BPMP, were updated to address then-new Census data, collision data, and commuting statistics; bicycle and pedestrian facilities map changes; Countywide and local proposed bicycle and pedestrian project lists; new or revised land use and planning designations, (i.e., the adoption of the Central Rohnert Park Priority Development Area); and State funding program requirements. In the years since, project lists and maps of bicycle and pedestrian facilities, including changes to Rohnert Park’s maps, were kept current through the SCTA’s resources (i.e., web maps and GIS data). In Fall 2022, the SCTA was awarded a Caltrans Sustainable Communities Transportation Planning Grant of $525,000 toward full updates to the Countywide BPMP and six jurisdiction-level plans. The plan is now called the Countywide Active Transportation Plan (“CAT Plan”), which refers to “human-powered” Page 2 of 2 modes of travel, like walking, biking, or using mobility devices. The CAT Plan will include an analysis of funding priorities for active transportation projects, a low Level of Traffic Stress (LTS) bicycle and pedestrian network; strategies to enhance continuity and wayfinding between jurisdictions; new guidelines for best practices including Class IV bikeways and quick build projects; refreshed countywide policies and vision; and consistency with applicable plans and policies. Participating local jurisdiction plans will also share the components of the CAT Plan and be similarly consistent with regional and statewide plans. SCTA has retained transportation consulting firm Fehr & Peers for the update. The firm is now visiting local governing and advisory bodies, generally Bicycle & Pedestrian Advisory Committees (BPACs), Active Transportation Committees (ATCs), or Planning Commissions (particularly for jurisdictions without a BPAC/ATC) to provide project introductions, status, and next steps. ANALYSIS: The current Rohnert Park BPMP is out of date. As a critical tool for implementing the City’s General Plan’s programs and policies with regard to active transportation, the Rohnert Park BPMP must be updated in order to effectively provide guidance to City staff and decision-makers. Rohnert Park’s participation in the SCTA-led Countywide Active Transportation Plan update effort will ensure better coordination of our bicycle and pedestrian network between neighboring jurisdictions, ensure consistency with local, regional, and State plans to optimize funding access and opportunities, implement programs from the draft General Plan 2040, and ultimately produce an updated Rohnert Park plan to replace the current out-of-date plan. Fehr & Peers’ presentation to the Rohnert Park Planning Commission and the Rohnert Park BPAC is one of several milestone outreach tasks for the update effort. At this meeting, Fehr & Peers will give an overview of what an Active Transportation Plan is; explain the concurrent Countywide and local update approach; clarify the roles of the Planning Commission and the BPAC in the update effort; share the draft CAT vision and goals developed so far; and provide a project schedule, scope, and preliminary local conditions analysis. STAFF RECOMMENDATIONS: Staff recommends that the Planning Commission and Bicycle and Pedestrian Advisory Committee receive the presentation and participate in limited discussion at the joint meeting. Planning Manager Approval Date: 10/02/2023 Attachments (list in packet assembly order): 1.Presentation Attachment 1 1 1 1 Milestone #1 Agenda 1 What is an ATP? Why have an ATP? 2 Sonoma County ATP Scope & Approach 3 Vision & Goals 4 Advisory Body Role 5 Schedule 6 Local Conditions Discussion 7 Questions Sonoma Countywide Active Transportation Plan October 12, 2023 22 Why have an ATP? Enables changes to enhance people's quality of life. Allows for prioritized and coordinated improvements. Meet eligibility requirements for grant funding. Guides public and private investment. What is an ATP? Focuses on increasing access to active transportation modes by planning for infrastructure projects and supportive programs. Active transportation refers to “human- powered” modes of travel, like walking, biking, or using mobility devices. Active Transportation Plan (ATP) 2 33 Use analysis techniques like bicycle level of traffic stress to identify needs and opportunities regionally and locally All Ages & Abilities 44 Incorporate Industry Best Practices On-Street Bikeway Selection & Design Attributes Multiuse Paths & Bike Highways Street Crossings & Intersections Micromobility & Emerging Technology Quick Build Projects Amenities to Improve User Experience 3 5 Class III -Bike Route Class II -Bike Lane Class IV - Separated Bike Lane Class IIIB-Bike Boulevard Class IIB -Buffered Bike Lane Class I -Shared-Use Path Bicycle Facility Toolbox Possible Low-Stress Facilities 6 Sidewalk Crosswalk Rectangular Rapid Flashing Beacon Curb Extension Leading Pedestrian Interval Pedestrian-Hybrid Beacon Pedestrian Facilities Toolbox 4 7 Community Engagement 88 Funding & Implementation Identify priorities for implementation Align federal, state, regional funding opportunities 5 99 Sonoma County & Local ATPs Task 1: Establishing Foundation Task 3: Engagement & Coordination Task 4: Projects & Programs Task 5: Funding & Implementation Task 2: Technical Analysis Scope of Work Task 6: Draft & Final Plans Task 7: Board Review & Approval Elements of each task inform regional and local plans 1010 Anticipated Outline for the Countywide Plan VOLUME I: WALKING, BIKING, ROLLING ACROSS THE COUNTY »Cover »Acknowledgments »Table of Contents »Executive Summary »Introduction »Countywide Context & Conditions Today »Community & Stakeholder Engagement »Vision, Goals & Objectives »Countywide Priorities •Regional Routes •Countywide Network & Project List •Programs, Policies & Practices VOLUME II: LOCAL COMMUNITY PLANS »Local Active Transportation Plans VOLUME III: IMPLEMENTATION STRATEGY »Cost Estimates »Funding VOLUME IV: APPENDICES & GLOSSARY Anticipated Outline for the Local Plans »Introduction »Community Profile & Walking, Biking & Rolling Today »Community & Stakeholder Engagement »Vision, Goals & Objectives »Advancing Active Transportation •Infrastructure Improvements •Programs, Policies & Practices »Implementation: Local Considerations »Appendix (Reference Countywide Plan) »Glossary (Reference Countywide Plan) 6 1111 Anticipated Outline for the Countywide Plan VOLUME I: WALKING, BIKING, ROLLING ACROSS THE COUNTY »Cover »Acknowledgments »Table of Contents »Executive Summary »Introduction »Countywide Context & Conditions Today »Community & Stakeholder Engagement »Vision, Goals & Objectives »Countywide Priorities •Regional Routes •Countywide Network & Project List •Programs, Policies & Practices VOLUME II: LOCAL COMMUNITY PLANS »Local Active Transportation Plans VOLUME III: IMPLEMENTATION STRATEGY »Cost Estimates »Funding VOLUME IV: APPENDICES & GLOSSARY Anticipated Outline for the Local Plans »Introduction »Community Profile & Walking, Biking & Rolling Today »Community & Stakeholder Engagement »Vision, Goals & Objectives »Advancing Active Transportation •Infrastructure Improvements •Programs, Policies & Practices »Implementation: Local Considerations »Appendix (Reference Countywide Plan) »Glossary (Reference Countywide Plan) 12 COUNTYWIDE VISION STATEMENT - DRAFT The transportation system is safe and inviting for people of all ages and abilities to walk, bike, and roll for everyday transportation and recreation, by providing a continuous and interconnected network linking daily activities and housing, and supported by programs and policies that encourage walking, biking, and rolling. Our guiding principles are to improve safety, equity, and quality of life. 7 13 Deliver a continuous network that allows people of all ages and abilities to use a variety of transportation types easily, affordably, and dependably. Connected and Reliable Create and sustain a high-quality and low-stress active transportation network. Employ Vision Zero and Safety Plan policies and strategies to advance this goal. Safe and Well-Maintained COUNTYWIDE GOALS AND DESCRIPTIONS -DRAFT Tailor projects to urban, suburban, and rural communities, that support a diversity of uses and users and create community through active transportation. Community Oriented and Place-Based 1414 What from the Countywide Vision and Goals resonates with your community? What is missing for your community? Local Focus 8 1515 Countywide & Local Coordination Committee Coordination Regular Updates to CBPAC Milestone Updates to Local and Regional Bodies Regular Coordination through SCTA’s CBPAC Milestone updates to established SCTA/RCPA committees Milestone updates to local advisory bodies, commissions, and councils Board/council presentations 1616 Countywide & Local Coordination City of Rohnert Park: Engagement & Planning Commission Coordination Topics Estimated Timeframes Planning Commission Community Engagement Draft Existing Conditions, Needs, and Opportunities October 12, 2023 Sept.-Nov. 2023 Draft Project, Policies, Programs April 11, 2024 Spring/Summer 2024 Public Draft Plan November 14, 2024 Fall/Winter 2024 9 17 Current Schedule 2023 2024 2025 JUNJULAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNJULAUGSEPOCTNOVDECJANFEBTask 1 Establishing Foundation Task 2 Technical Analysis Task 3 Public Engagement & Advisory CommitteeMeetings Task 4 Proposed Projects and Programs Task 5 Funding and Implementation Task 6 Draft and Final Plans Task 7 Board Review/Approval LEGEND WORK PERIOD MEETINGS TASK DELIVERABLE WORKSHOP 18 Process 1. Establishing Foundation 2. Technical Analysis 3. Engagement & Coordination 4. Projects & Programs 5. Funding & Implementation 6. Draft & Final Plans 7. Board Review & Approval •What are your experiences with active transportation today? •What do you think are the needs, barriers, or opportunities for active transportation travel today and in the future? •We are looking for location-specific ideas, about existing or future facilities, as well as programmatic solutions Community Engagement Questions SCTA Project webpage: https://scta.ca.gov/planning/countywide-active-transportation- plan/ Project Website and Survey coming soon! 10 19 19 Questions? Page 1 of 2 CITY OF ROHNERT PARK PLANNING COMMISSION STAFF REPORT Meeting Date: October 12, 2023 Item No: 9.1 Prepared By: Elliott Pickett, Associate Planner Agenda Title: Hold a public hearing and consider a Certificate of Correction amending an approved and recorded Final Map for Vast Oak Phase 3B, changing the street name “Owen Place” to “Owens Place” Location: Vast Oak North, Phase 3B, Willow at University District Applicant: Jorden Tappin, DR Horton Bay Area Division RECOMMENDED ACTION: Staff recommends that the Planning Commission approve Resolution 2023-20, Certificate of Correction, to amend an approved and recorded Final Map for University District Vast Oak Phase 3B, changing the street name “Owen Place” to “Owens Place.” Figure 1: Project Location Page 2 of 2 BACKGROUND: The subject property is within the Willow neighborhood within the Vast Oak Development of the University District Specific Plan Area. Willow at University District consists of 128 single-family motor court homes. On March 10, 2015 the Rohnert Park City Council adopted Resolution No. 2015-046, approving street names for the Vast Oak Area, including “Owen Place” on the approved list. Due to an administrative error, several approved City documents, real estate documents, and utility provider databases now identify this street as “Owens Place”. ANALYSIS: In order to minimize the time and cost associated with amending these documents and databases to match the street name approved by the City Council on the Final Map, the applicant seeks to amend the Final Map, changing the street name to “Owens Place”. With this change, all project approvals would remain effective and accurate. The applicant would be required to replace or correct the street sign. Per RPMC 16.22.010, the amendment of a recorded map shall be set for public hearing by the Planning Commission. The hearing must be confined to the consideration of, and action on, the proposed modification. ENVIRONMENTAL REVIEW DETERMINATION: The project is categorically exempt from the California Environmental Quality Act, pursuant to Public Resources Code Section 15301 (Class 1 – Existing Facilities). Additionally, the proposed Certificate of Correction is consistent with the analyses in the 2006 EIR and 2014 Addendum for the University District Specific Plan and will not result in additional environmental effects not previously evaluated in the EIR and Addendum. No additional environmental review is necessary. PUBLIC NOTIFICATION: A public hearing notice denoting the time, date, and location of this hearing was published in the Community Voice on September 29, 2023. Property owners within 300 feet of the Project site were also mailed notices, and the notice was posted pursuant to State law. Planning Approval Date: 10/02/2023 Attachments (list in packet assembly order): 1. Resolution 2023-20 – Certificate of Correction for a Recorded Final Map –Willow at University District Exhibit A: Certificate of Correction for the “Vast Oak North Phase 3-B” Final Map, signed September 1, 2023 PLANNING COMMISSION RESOLUTION NO. 2023-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING A CERTIFICATE OF CORRECTION FOR THE RECORDED FINAL MAP FOR VAST OAK NORTH PHASE 3B CHANGING THE STREET NAME “OWEN PLACE” TO “OWENS PLACE” (APN 159-550-029) WHEREAS, the applicant, Jorden Tappin, DR Horton Bay Area Division, filed Planning Application No. PLSD23-0003 for a Revision to an Approved Major Subdivision to change the spelling of a street name from “Owen Place” to “Owens Place” within Vast Oak North Phase 3B (APN 159-550-029), in accordance with the City of Rohnert Park Municipal Code; WHEREAS, Planning Application No. PLSD23-0003 was processed in the time and manner prescribed by State and local law; WHEREAS, on October 12, 2021, the City Council adopted Resolution No. 2021-112 approving the Final Map for Vast Oak North Phase 3B; and WHEREAS, a Certificate of Correction was prepared by or under the direction and control of a Licensed Land Surveyor in accordance with Chapter 3, Article 7, Sections 66469 through 66472.1, inclusive, of the government code of the state of California; and WHEREAS, on October 12, 2023, the Planning Commission reviewed Planning Application No. PLSD23-0003 during a scheduled and duly noticed public hearing at which time interested persons had an opportunity to testify either in support of or opposition to the project; and WHEREAS, at the October 12, 2023 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. PLSD23-0003; 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. Environmental Review: A. On May 23, 2006, the City Council of the City of Rohnert Park certified the Final EIR for this Project, including adoption of associated CEQA Findings, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, as described in City Council Resolution No. 2006-141. The City Council approved the Addendum to the Final EIR, as described in City Council Resolution No. 2014-032 approved on April 8, 2014. The proposed Certificate of Correction is consistent with the analyses in the 2006 EIR and 2014 Addendum and will not result in additional environmental effects not previously evaluated in the EIR and Addendum. No additional environmental review is necessary. B. Further, CEQA Guidelines section 15162 provides that “no subsequent EIR shall be prepared” for a project unless the lead agency determines that (1) “substantial changes are proposed in the project which will require major revisions of the previous EIR”; or (2) “substantial changes occur with respect to the circumstances under which the project is undertaken”; or (3) “new information of substantial importance … shows” one or more significant effects not discussed in the original EIR, greater severity to previously-identified substantial effects, or newly- found feasible mitigation measures that would substantially reduce significant effects. The proposed Certificate of Correction will not result in any changes to the proposed project not previously analyzed in the 2006 EIR and 2014 Addendum and no new information of substantial importance shows any significant effects or newly found feasible mitigation measures that would substantially reduce significant effects. C. Further, This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) and 15301 (Existing Facilities). NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Rohnert Park does hereby approve Planning Application No. PLSD23-0003 approving the Certificate of Correction included as Exhibit A for the final map entitled “Vast Oak North Phase 3-B”, filed in the Sonoma County Recorder’s Office in Book 825 of Maps, on pages 40-47, subject to the following conditions: 1. In addition to the condition below, Vast Oak North Phase 3B shall remain subject to all conditions of approval adopted by Resolutions 2014-035 (Tentative Map), 2021-012 (DAP I), and 2021-096 (DAP II). 2. Applicant shall be solely responsible for replacing or correcting the existing street sign. Any new signage requires Public Works approval prior to installation. DULY AND REGULARLY ADOPTED on this 12th day of October, 2023 by the City of Rohnert Park Planning Commission by the following vote: AYES: _____ NOES: _____ ABSENT: _____ ABSTAIN: _____ AUSTIN-DILLON_____ EPSTEIN _____ LAM _____ORLOFF _____ STRIPLEN ____ _____________________________________________________________ Tremaine Austin-Dillon, Chairperson, Rohnert Park Planning Commission Attest: ________________________________ Clotile Blanks, Recording Secretary Attachments: Exhibit A – Certificate of Correction for the “Vast Oak North Phase 3-B” Final Map, signed September 1, 2023 Exhibit A Page 1 of 4 CITY OF ROHNERT PARK PLANNING COMMISSION STAFF REPORT Meeting Date: October 12, 2023 Item No: 9.2 Prepared By: Elliott Pickett, Associate Planner Agenda Title: Hold a public hearing and consider termination of the City’s moratorium on new or expanded automobile service station uses and amendments to the Municipal Code, the Northwest Specific Plan, and the Wilfred Dowdell Specific Plan to permit hydrogen fueling stations and clarify requirements for expedited electric vehicle charging station review. Location: Citywide; all Commercial and Industrial Zoning Districts RECOMMENDED ACTION: Based on the analysis and findings of this report and attachments, staff recommends that the Planning Commission, by motion, adopt Planning Commission Resolution No. 2023-18 recommending that the City Council adopt an ordinance terminating the City’s moratorium on new or expanded automobile service stations and amending Rohnert Park Municipal Code Chapter 15.34 “Electric Vehicle Charging Station Review Process,” Section 17.070.20.C (Automotive Service Stations), Chapter 17.04 (Definitions), Section 17.06 (Land Use Regulations), the Northwest Specific Plan, and the Wilfred Dowdell Specific Plan, to permit hydrogen fueling stations and clarify requirements for expedited electric vehicle charging station review pursuant to Government Code Section 65850.7. BACKGROUND: Based on a resolution adopted by the Regional Climate Protection Agency (RCPA), on the January 25, 2022 the Council adopted a 45-day moratorium on new or expanded automobile service stations involving fuel sales, intended to provide time for staff to draft the municipal code changes required to implement any Council direction, specifically direction to ban new petroleum fueling stations. Based on concerns about hydrogen fueling stations, the City Council moratorium also included hydrogen fueling stations to allow time for staff to research these concerns. On March 8, 2022, the Council enacted an extension to the ordinance for twenty-two (22) months and fifteen (15) days to provide adequate time for review and possible amendment of zoning and other regulations (set to terminate on January 23, 2024). On March 22, 2023, the City Council adopted Ordinance 960 which: Page 2 of 4 (1) Amended zoning code section 17.07.020 (Footnotes), subsection C (Automotive Service Stations) to prohibit the installation of any new petroleum fueling facilities or the expansion of existing gas stations; (2) Amended the Wilfred Dowdell and Northwest Specific Plans will ensure that the changes to zoning code section 17.07.020 are fully implemented in these two specific plan areas; (3) Amended zoning code section 17.06.840 (Sonoma Mountain Village Planned Development Zoning District) to add a land use category of “Fueling Stations (Alternative Fueling only)” to allow for alternative fuels while prohibiting new petroleum fueling facilities. The land use category of “Fueling Station (including alternative fuels)” will remain in the land use table in section 17.06.840 to reflect the SOMO Village, Development Agreement (DA) adopted by the City in early 2021. At the August 10, 2023 meeting, the Planning Commission considered the proposed amendments and requested more information related to safety planning and emergency response related to hydrogen fueling stations. Regulation of hydrogen fueling stations is beyond the scope of the RCPA resolution and the City is the only RCPA member agency that has endeavored to regulate hydrogen fueling stations. The state has adopted a number of policies that support alternative vehicle fueling technologies including hydrogen technology and the recently amended state law to require ministerial review and approval of hydrogen fueling stations. As a result, staff has worked carefully with both RCPA and representatives from the governor’s office to craft a recommended changes to our Municipal Code and specific plans that are consistent with state policy. ANALYSIS: With the adoption of Ordinance 960, the moratorium is no longer needed, however, the municipal code, as amended by Ordinance 960, is inconsistent with new state laws related to hydrogen fueling. Because of this, staff is recommended that the moratorium be terminated and new code provisions adopted to bring the City’s regulatory scheme into compliance with state law and policy. As listed above, the City zoning ordinance and specific plans have been amended to effectively ban all new gas stations and any potential expansion of existing gas stations for the purposes of petroleum fueling. Since the moratorium and Ordinance 960 prevent the expansion of fueling stations and therefore prevent the installation of new hydrogen fueling stations, City standards are inconsistent with SB 1291 (which became effective January 1, 2023). This Senate Bill requires all jurisdictions to approve the installation of hydrogen fueling stations with a ministerial process, similar to existing procedures for electric vehicle charging stations. Under the provisions of this statute, the City’s review is limited to health and safety requirements. A use permit can only be required if the station could have a specific, adverse impact on public health or safety, and the conditions would be limited to actions that mitigate the identified impact at the lowest cost possible. Like gasoline or natural gas, hydrogen is a fuel that must be handled properly. It can be used as safely as other fuels when guidelines are followed. Safety risks associated with hydrogen are different than other fuels, due to hydrogen’s unique properties. Standards for hydrogen fueling facilities take advantage of these properties to mitigate potential hazards. Safety standards included in the ordinance that apply to all hydrogen fueling stations include: Page 3 of 4 •Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories; •Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures; •Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the Hydrogen Station Permitting Guidebook; and •Reporting hazard materials storage, as applicable, to the Sonoma County Certified Unified Program Agency (CUPA). Hydrogen fueling facility staff are required to receive training in how to handle hydrogen-related emergencies. In the case of an emergency, support would be provided first by the Rohnert Park Department of Public Safety (DPS), with support provided by the County Hazardous Materials (Hazmat) response team if needed. The average DPS response time is less than five minutes, and typical County Hazmat response times range from fifteen minutes to one hour, depending on the location of the engines. Extensive hydrogen fueling safety resources are available online, provided by various State and Federal Departments. This includes online courses, example safety plans, post-incident reports and recovery guides, and a hydrogen equipment certificate guide. Rohnert Park Public Safety staff have taken online training courses for hydrogen-related incidents. Attachment 1 provides more details on the capacity of Rohnert Park DPS to safely accommodate this code update. In addition to changes in state laws for hydrogen fueling stations, Assembly Bill 970 (which became effective January 1, 2023 for Rohnert Park and other jurisdictions with fewer than 200,000 residents) requires jurisdictions to respond to applications for electric vehicle charging stations within a specified time, as shown in Table 1. Table 1 Electric Vehicle Charging Station – Review Requirements (AB 970) Size Review Application Completeness Approve/ Deny Application 1-25 EV Charging Stations Within 5 business days of application Within 20 business days of completeness 26+ EV Charging Stations Within 10 business days of application Within 40 business days of completeness SB 1291 and AB 970 require additional amendments to the municipal code and specific plans that were not anticipated by Ordinance 960. The proposed ordinance will terminate the moratorium and incorporate additional provisions related to hydrogen fueling and electric vehicle charging stations into the Municipal Code and Specific Plans, including: •Retitle Chapter 15.34 “Electric Vehicle Charging Stations Review Process” to “Electric Vehicle Charging and Hydrogen Fuel Station Permitting” and amend the section to encompass both alternative fuel types and clarify required timelines to process electric vehicle charging station applications; •Amend Wilfred-Dowdell Specific Plan and Northwest Specific Plan to add “Hydrogen Fueling Stations” to the list of permitted uses; •Amend the zoning ordinance (section 17.04.030) to include definitions for “Electrical Vehicle Page 4 of 4 Charging Station” and “Hydrogen Fuel Station;” •Amend the zoning ordinance (sections 17.06.060, 17.06.100, 17.06.040, and 17.06.840) to include “Electrical Vehicle Charging Station” and “Hydrogen Fueling Station” as permitted uses in the Commercial Zoning District, Industrial Zoning District, the Commercial Overlay District, and most transects in the SOMO Village form-based code; and •Amend the zoning ordinance (section 17.07.020 (Footnotes), C. (Automotive Service Station)) to include hydrogen fueling stations. ENVIRONMENTAL REVIEW DETERMINATION: Termination of the moratorium and text amendments to the municipal code and specific plans are not subject to CEQA pursuant to sections 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in section 15378 of the CEQA Guidelines, because it has no potential for resulting in a physical change to the environment, directly or indirectly). Additionally, this action is exempt pursuant to CEQA Guidelines section 15308 (actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment), and CEQA Guidelines section 15268 (processing and approval of ministerial projects). PUBLIC NOTIFICATION: A public hearing notice denoting the time, date, and location of this hearing was published in the Community Voice on September 29, 2023, and the notice was posted pursuant to State law. STAFF RECOMMENDATIONS: Staff recommends that the Planning Commission adopt the resolution included as Attachment 1, which would recommend the City Council adopt an ordinance to terminate the City’s moratorium on new or expanded automobile service station uses and amend the Municipal Code, the Northwest Specific Plan, and the Wilfred Dowdell Specific Plan to permit hydrogen fueling stations and clarify requirements for expedited electric vehicle charging station review pursuant to Government Code Section 65850.7. Planning Manager Approval Date: 10/03/2023 Attachments (list in packet assembly order): 1. Resolution recommending City Council adoption of an ordinance terminating the moratorium on the approval of new or expanded automobile service station uses and amending the Rohnert Park Municipal Code, Northwest Specific Plan, and Wilfred Dowdell Specific Plan to permit hydrogen fueling stations and specify electric vehicle charging station review timelines pursuant to Government Code Section 65850.7. Exhibit A: Proposed Amendments to the Rohnert Park Municipal Code Exhibit B: Proposed Amendments to the Wilfred Dowdell Specific Plan Exhibit C: Proposed Amendments to the Northwest Specific Plan Exhibit D: Proposed City Council Ordinance 2.Memorandum from Fire Chief Aaron Hall Re: Hydrogen Fuel Stations and Safety Planning Page 1 of 4 PLANNING COMMISSION RESOLUTION NO. 2023-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE TERMINATING CITY’S MORATORIUM ON NEW OR EXPANDED AUTOMOBILE SERVICE STATION USES, AMENDING THE ROHNERT PARK MUNICIPAL CODE CHAPTER 15.34 “ELECTRIC VEHICLE CHARGING STATION REVIEW PROCESS,”, SECTION 17.04 (DEFINITIONS), SECTION 17.070.20.C (AUTOMOTIVE SERVICE STATIONS), SECTION 17.06.060 (PERMITTED USES), SECTION 17.06.100 (PERMITTED USES), SECTION 17.06.640 (PERMITTED USES), SECTION 17.06.840 (PERMITTED LAND USES), THE NORTHWEST SPECIFIC PLAN, AND THE WILFRED DOWDELL SPECIFIC PLAN, TO PERMIT HYDROGEN FUELING STATIONS PURSUANT TO GOVERNMENT CODE SECTION 65850.7 WHEREAS, Article XI, Section 7 of the California Constitution authorizes cities to adopt local police, sanitary, and other ordinances not in conflict with general laws; and WHEREAS, Government Code Section 65858 provides that a city legislative body may, in order to protect public safety, health and welfare, adopt as an urgency measure an interim ordinance prohibiting any uses that may conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body is considering or studying or intends to study within a reasonable time, provided such urgency measures are adopted by four-fifths vote of the legislative body and include findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional entitlements would result in that threat to public health, safety, or welfare; and WHEREAS, On January 25, 2022, pursuant to Government Code section 65858, following notice and a public hearing, the City Council adopted an Urgency Ordinance establishing a 45-day moratorium on the approval of new or expanded automobile service station uses involving sale of gasoline or diesel fuel products (the “Interim Ordinance”); and WHEREAS, On March 8, 2022, pursuant to Government Code section 65858, following notice and a public hearing the Interim Ordinance was extended for an additional period of 22 months and 15 days; and WHEREAS, on March 22, 2022 the City Council adopted Ordinance 960 to: (1) amend zoning code section 17.07.020 (Footnotes), subsection C (Automotive Service Stations) to prohibit the installation of any new petroleum fueling facilities, or allowing the expansion of existing gas stations; (2) amend the Wilfred Dowdell and Northwest Specific Plans will ensure that the changes to zoning code section 17.07.020 are fully implemented in these two specific plan areas; amend zoning code section 17.06.840 (Sonoma Mountain Village Planned Development Zoning District) to add a land use category of “Fueling Stations (Alternative Fueling only)” to allow for alternative fuels while prohibiting new petroleum fueling facilities; and WHEREAS, on October 12, 2022, the City Council reviewed a draft Climate Change Element for the Rohnert Park General Plan, which documents that 67% of the greenhouse gas emissions in Rohnert Park are associated with the transportation sector; and Attachment 1 Page 2 of 4 WHEREAS, California state law requires that all electric vehicle charging stations and hydrogen fueling stations are permitted with ministerial approval processes; and WHEREAS, changes to the Municipal Code that reduce fossil fuel use in the transportation sector, and promote expansion of electric vehicle charging infrastructure, hydrogen fueling stations, and greater adoption of electric and hydrogen vehicles are consistent with State law and the City’s developing General Plan; WHEREAS, pursuant to California state law and the Rohnert Park Municipal Code, a public notice was published in the Community Voice for a minimum of 10 days prior to the first public hearing; and WHEREAS; the Planning Commission reviewed and considered the Ordinance and adopted a resolution recommending approval of the proposed amendments to the Rohnert Park Municipal Code, the Northwest Specific Plan, and the Wilfred Dowdell Specific Plan with respect to hydrogen fueling stations and electric vehicle charging stations; WHEREAS, on October 12, 2023, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support of or opposition to the proposal. NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Rohnert Park makes the following findings and determinations with respect to the proposed amendments to the Rohnert Park Municipal Code and Specific Plans: Section 1. Recitals. The above recitals are true and correct. Section 2. Environmental Review. The approval of this ordinance is exempt under Sections 15060(c)(2) of the CEQA Guidelines, as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and also exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment. Additionally, this action is exempt pursuant to CEQA Guidelines section 15308 (actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment), and CEQA Guidelines section 15268 (processing and approval of ministerial projects). Section 3. Findings for Amendment of Northwest and Wilfred-Dowdell Specific Plans. With respect to the findings required under section 17.06.390 of the Rohnert Park Municipal Code and Government Code section 65454 for amendment of the Wilfred-Dowdell Specific Plan and Northwest Specific Plan, having considered the materials in the staff report and the testimony of the public and staff, the Planning Commission finds with respect to the proposed amendments to each specific plan as follows: 1. Each specific plan amendment is consistent with the City's general plan. Criteria Satisfied: Each of the specific plan amendments are consistent with both the current 2020 General Plan and the proposed Climate Change policies with the draft 2040 General Plan. The majority (67%) of greenhouse gas emissions in Rohnert Park are Page 3 of 4 associated with the transportation sector and the draft Climate Change Element sets forth goals and policies to reduce the City’s greenhouse emissions which include support for broader adoption of alternative energy vehicles. Changes to the specific plans that reduce fossil fuel use in the transportation sector, and promote expansion of alternative infrastructure are consistent with the draft General Plan. Additionally, the revisions are simply to implement requirements for hydrogen fueling station permitting mandated by state law. 2. Each specific plan amendment will not adversely affect the public health and safety or result in incompatible land uses. Criteria Satisfied: The intent of the amendments to each specific plan is to improve the city’s response to climate change which would result in the long-term benefit to public health. Additionally, the revisions are simply to implement requirements for hydrogen fueling station permitting mandated by state law. 3. Each specific plan amendment provides the framework to phase and pace growth within the specific plan area so as to ensure completion of all necessary public facilities concurrently with completion of the specific plan. Criteria Satisfied: Each amendment does not impact the phasing of the respective specific plans. The amendments do not impact the phasing of growth in each specific plan, and the specific plan requirements under each plan with respect to phasing and pacing of growth remain in place. 4. Each specific plan amendment identifies adequate financing mechanisms for the infrastructure and public facilities required to support the development. Criteria Satisfied: Each proposed amendment does not impact the financing mechanisms of the respective specific plan. 5. Each proposed specific plan amendment will not create internal inconsistencies within the specific plan and is consistent with the purpose and intent of the specific plan it is amending. Criteria Satisfied: Each specific plan amendment does not create internal inconsistencies, and is being adopted to maintain consistency with the municipal code. Additionally, the revisions are simply to implement requirements for hydrogen fueling station permitting mandated by state law. Section 4. The Planning Commission does hereby recommend that the City Council adopt the Findings hereinabove; terminate the moratorium prohibiting the issuance of any entitlements or permits for the sale of motor fuel, amend the Municipal Code as shown in Exhibit A, amend the Northwest Specific Plan as shown in Exhibit B, and amend the Wilfred Dowdell Specific Plan as shown in Exhibit C. Page 4 of 4 DULY AND REGULARLY ADOPTED on this 12th day of October, 2023 by the City of Rohnert Park Planning Commission by the following roll call vote: AYES: _____ NOES: _____ ABSENT:_____ ABSTAIN:_____ AUSTIN-DILLON_____ EPSTEIN_____ ORLOFF_____ STRIPLEN_____ LAM_____ _________________________________________________________________ Chairperson, Rohnert Park Planning Commission Attest: ________________________________ Clotile Blanks, Recording Secretary Page 1 of 23 Exhibit A – Amendments to the Rohnert Park Municipal Code Rohnert Park Municipal Code Section 15.34 (Electric Vehicle Charging Stations), is to be retitled “Electric Vehicle Charging and Hydrogen Fueling Station Permitting” and amended to read as follows: 15.34.010 Definitions. The following words and phrases as used in this section are defined as follows: A. "Electric vehicle charging station (EVCS)" or "charging station" means any means any of the following: 1. Any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of the ordinance from which this chapter is derived, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. 2. One or more electric vehicle charging spaces served by electric vehicle charger(s) or other charging equipment allowing charging of electric vehicles. Electric vehicle charging stations are not considered parking spaces. B. "Electric vehicle (EV)" means an automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, primarily powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current. Plug-in hybrid electric vehicles (PHEV) are considered electric vehicles. For purposes of the California Electrical Code, off-road, self-propelled electric vehicles, such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, "electric vehicle (EV) charger" means off-board charging equipment used to charge an electric vehicle. C. "Electric vehicle (EV) charger" means off-board charging equipment used to charge an electric vehicle. D. "Electric vehicle charging space (EV space)" means a space intended for future installation of EV charging equipment and charging of electric vehicles. E. "Electric vehicle infrastructure training program (EVITP)" means the training program developed by automobile manufacturers, utilities, energy storage device manufacturers, electrical contractors, state and local electrical inspectors, the national fire protection agency and electrical workers that incorporates technical requirements, safety imperatives and performance integrity for the installation of electric vehicle supply equipment or EV charging stations, electric recharging points, charging points, as such program may be modified from time to time. Page 2 of 23 F. "Electric vehicle supply equipment (EVSE)" means the conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle. G. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. H. "Electronic submittal" means the utilization of one or more of the following: 1. Electronic mail or email. 2. Through an online permitting system. 3. Facsimile. I. "Electric vehicle (EV) checklist" means a document containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The content of the checklist requires the permit applicant to evaluate the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the city's zoning ordinance. J. “Hydrogen-fueling station” means the equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that is open to the public. 15.34.020 Purpose. The purpose of this chapter is to provide an expedited, streamlined permitting process for issuance of building permits for EVCS and hydrogen fueling stations as required by California Government Code Section 65850.7. 15.34.030 Hydrogen fueling station requirements. A. Notwithstanding anything in this code to the contrary, hydrogen-fueling stations shall be considered a permitted use, provided that they are located on a parcel that satisfies either of the following: 1. It is zoned for industrial or commercial development and does not contain any residential units. Page 3 of 23 2. It was previously developed with service station or similar establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public. B. A hydrogen-fueling station shall meet all of the following, as applicable: 1. Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories. 2. Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures. 3. Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the Hydrogen Station Permitting Guidebook. C. A hydrogen-fueling station must report hazard materials storage, as applicable, to the Sonoma County Certified Unified Program Agency. D. These provisions shall apply to the construction of new hydrogen fueling station, the conversion of existing automobile service stations, or the expansion of existing automobile service stations to add hydrogen fueling capabilities. 15.34.040 EVCS requirements. A. All EVCSs shall meet applicable health and safety standards and requirements imposed by the state and the city. B. EVCSs shall meet all applicable safety and performance standards established by the California Electrical Code as modified by this title, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. C. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protection devices shall meet the requirements of Article 625, as may be subsequently modified, and all applicable provisions of the California Electrical Code. D. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load. E. As part of an application submittal, the applicant shall submit information sufficient to demonstrate to the building official that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes, but is not limited to: Electrical system capacity and Page 4 of 23 loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking. 15.34.050 Applications and required documents. A. All documents required for the submission of an expedited EVCS or hydrogen fueling station application shall be made available on the city's website. B. Applications for EVCS or hydrogen fueling station permits, and any supporting documents, may be submitted by email, facsimile, or through an online permitting system. C. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. D. The city manager or designee shall implement an EV checklist with all of the requirements for which EVCS shall comply to be eligible for expedited review. E. The EVCS permit process, standard plans and checklist shall substantially conform to recommendations for expedited permitting contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research, in effect at the time of permit application. E. The hydrogen fueling station permit process, standard plans and checklist shall substantially conform to recommendations for expedited permitting contained in the most current version of the "Hydrogen Station Permitting Guidebook" as published by the Governor's Office of Business and Economic Development, in effect at the time of permit application. 15.34.060 Permit review and inspection requirements. A. An application for a building permit for an EVCS that satisfies the information requirements in the checklist provided under Subsection 15.34.050(e) and (f), as determined by the building official, shall be deemed complete. B. If the building official receives an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. 1. This notice shall be provided no more than five business days after submission of the application if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site. 2. This notice shall be provided no more than ten business days after submission of the application to the city, county, or city and county, if the application is for more than 25 electric vehicle charging stations at a single site. Page 5 of 23 C. Upon confirmation by the building official of the application and supporting documentation being complete, the building official shall review the application for an EVCS or hydrogen fueling station. The building official's review of the application shall be limited to whether the application meets local, state, and federal health and safety requirements. 1. The results of the review shall be provided no more than twenty business days after submission of the application to if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site. 2. This notice shall be provided no more than forty business days after submission of the application to the city, county, or city and county, if the application is for more than 25 electric vehicle charging stations at a single site. D. The building official may deny the building permit if the building official makes a finding based on substantial evidence that the EVCS or hydrogen fueling station could have a specific, adverse impact upon the public health and safety, and may require application for a conditional use under Chapter 17.25, Article I – Conditional Use Permits. The decision to deny the building permit and require a use permit may be appealed to the building board of appeals. E. The city may not deny an application for a conditional use permit to install an EVCS or hydrogen fueling station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing adverse impact. F. Upon confirmation that the application is complete and that the EVCS or hydrogen fueling station will not have a specific, adverse impact upon the public health or safety, the building official shall approve the application and issue all the necessary permits and authorizations. G. Any condition imposed on any application for an EVCS or hydrogen fueling station shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. H. The city shall not condition approval of an application on the approval of a property-owner's association, as defined in Section 4080 of the Civil Code. I. EVCS and hydrogen fueling stations are subject to inspection in accordance with applicable provisions of the California Building Code. Construction shall remain visible and able to be accessed for inspection until approved. J. If an EVCS or hydrogen fueling station fails inspection, a subsequent inspection shall be required by the building official. 15.34.070 Contractor requirements for city-funded projects. Page 6 of 23 A. All electrical vehicle infrastructure work on projects which are constructed with funds provided or administered by the city, in whole or in part, shall be installed by contractors holding the appropriate license classification required by the Contractors State License Board, and electricians performing such work shall hold certification from the electric vehicle infrastructure training program in accordance with the following: 1. All of the installation, commissioning, and maintenance of electric vehicle charging stations, equipment and related infrastructure (the "EV work") shall be performed in accordance with the following requirements: a. At a minimum, one job-site supervisor or job-site foreman supervising the EV work at each job site shall hold EVITP certification and be a licensed electrician. b. The EV work shall be performed only by duly licensed electricians. Apprentices may assist. c. A minimum of fifty percent of the licensed electricians performing the EV work on each job site shall hold EVITP certification. d. The ratio of journeymen to apprentices shall comply with applicable requirements under state law. e. No EVITP certification shall be required of apprentices. f. All apprentices assisting on the EV work shall be registered in an apprenticeship program compliant with California Department of Industrial Relations regulations and approved by the Division of Apprenticeship Standards, and which has a graduation rate of at least sixty percent. 2. Contractors performing EV work shall maintain written or electronic records regarding the performance of EV work, including the names of all EVITP electrician(s) who performed the EV work. Said records shall be made available to EVITP, and/or city upon request. Rohnert Park Municipal Code section 17.06.060 (Permitted Land Uses), identifying permitted land uses in the Commercial Zoning District, is amended to read in its entirety as follows: The following is a list of land uses and the commercial districts within which they are permitted as follows: P = Permitted. C = Conditionally-permitted by planning commission. A = Administrative permit. Z = Certificate of zoning compliance. T = Temporary conditional permit. Page 7 of 23 I = Uses allowed as incidental to a primary use Uses involving chemicals may also be subject to requirements regarding hazardous materials (footnote 11), in which case more restrictive requirements shall apply. Land uses that are not specifically listed are not permitted unless determined, by the planning and community development director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision which follow this chapter. Land Use Category C-O District C-N District C-R District Appliance Repair Service * Minor (e.g., computers, televisions) P P Amusement Center (e.g., miniature golf, golf driving range, bowling alley, cyber cafe) (B) * Small (e.g., indoors; commercial shopping center) A A * Large (e.g., indoors or outdoors; stand alone facility) C Animal Hospital/Veterinary Clinic C C C Antique Store P P Arcade Games/Cybercafes (B) P/C P/A P/A Automobile Service Station (C) C C Bakery (Retail Sales) P(I) P P Bank/Savings and Loan/Credit Union (see Drive-Through Windows) (I) P P P Bar/Nightclub (R) C Barber/Beauty Shop/Tanning Salon P(I) P P Bath House/Spa C C Bed and Breakfast Inn (D) C Billiards Parlor (R) C Broadcasting Studio C C Car Title Loan Business C Car Wash C C Check Cashing Store P Clubs and Lodges C C C Commercial Filming Studio P C Communication Facility (F) C/A C/A C/A Convention Center C C Cultural Institution (e.g., museums) C C C Day Care Center (Nonresidential) C C C Drive-Through Window (any use) (I) C Drive-Through Window (pharmacy) (I) C C C Dry Cleaning Outlet P P P Electric Vehicle Charging Stations* (subject to the provisions of Chapter 15.34) P P P Firearm Dealers and Firearm Ammunition Dealers (J) C Florist P(I) P P Food Store * Convenience Store P P P * Supermarket C P Funeral Parlor/Mortuary C Furniture Store Page 8 of 23 * Small/Custom Order P P * Large P Hardware Store P P Health Club A A A Home Improvement Store P Homeless Shelter (M) * Small (6 or less persons) P P P * Large (7 or more persons) P P P Hospital C C Hotel/Motel (No in-room food preparation unless applied for and approved as part of project approval or separately.) P Hydrogen Fueling Station* (subject to the provisions of Chapter 15.34) P P P Interior Decorator P P Kennel (Commercial) (O) C Laboratory * In conjunction with a medical, dental or optical use P(I) P(I) P(I) * As a primary use P Laundromat P Liquor Store (Off-Sale) (R) C C Live Entertainment C C Live/Work (P) C C Massage Therapy (see Chapter 8.36) P P P Medical Clinic P P P Microbrewery with restaurant C C Nursery (Horticulture) P Office * Professional and Administrative P P P * Medical and Dental P P P Paint Store A P Parking Lot (Commercial) A C A Pawn Shop C Payday Loan Establishment P Pharmacy (see Drive-Through Window) (I) (Does not include a Medical Marijuana Dispensary, which is a prohibited use within the City) P(I) P P Photography Studio P P Printing and Blueprinting * Small Copy Center P P P * Print Shop P P Private/Public Utility Facility (F) * Minor Z/C Z/C Z/C * Major C C C Public Assembly A A A Public Facility—Non-city owned or proposed (see also Public Utility) C C C Public Facility—City owned or proposed (subject to Planning Commission review on referral from City Council) P P P Recovery Facility Page 9 of 23 * Small (6 or less persons) A A A * Large (7 or more persons) C C Recycling Facility (V) * Reverse Vending Machines P P * Small Collection Facility A A A Religious Assembly C C C Research and Development (Office Type Uses) P Residential Care Facility * Congregate Care/Assisted Living C C C * Convalescent Hospital C C C * Senior Housing (Independent Living) C C C Residential uses as a part of a mixed use project when located in the same building as a nonresidential use C C C Restaurant * General P P P * Fast Food (see also Drive-Through Window) (I) C C C * Outdoor and Sidewalk Cafe (S) A A A * Take Out/Delivery P P P * With Bar and Live Entertainment (R) C C Retail, General and Specialty P(I) P P * Department or Big Box Retail P Retail Warehouse Store (e.g., big box) P School * Elementary or Secondary C C * High School C C * Trade School C C * College C Sign Shop * Small (e.g., typically located in a small office/retail space) P P P * Large P C Single Room Occupancy Living Unit Facility (Z) A Single Room Occupancy Residential Hotel (Z) A Studio (e.g., Dance, Martial Arts) P P P Tailor P(I) P P Tattoo/Piercing Studio C C Telecom Center A Temporary Use/Event (EE, see also DD) • Arts and Crafts Show T T T • Circus/Carnival T T T • Flea Market/Swap Meet A A A • Live Entertainment A A A • Outdoor Exhibit T T T • Recreation Event A A A • Religious Assembly A A A • Retail Sales T T T • Seasonal Lot/Activity (e.g., Christmas trees, pumpkins) T T T • Trade Fair T T T Theater C Page 10 of 23 Thrift Shop P P P Tobacco store (retail or wholesale) and private smoker's lounge when attached to a tobacco store (regulated by Municipal Code Chapters 8.32 and 8.33) C Transit Facility C C Upholstery Shop A A Vehicular Dealerships/Rentals (incl. boats, RVs and Farm and Construction Equipment (FF) C Vehicular Repair (including boats) (GG) C Page 11 of 23 Rohnert Park Municipal Code section 17.06.100 (Permitted Uses), identifying permitted land uses in the Industrial Zoning District, is amended to read in its entirety as follows: The following is a list of land uses and the limited industrial district within which they are permitted as follows: P = Permitted. C = Conditionally-permitted by planning commission. A = Administrative permit. Z = Certificate of zoning compliance. T = Temporary conditional permit. I = Uses allowed as incidental to a primary use. Uses involving chemicals may also be subject to requirements regarding hazardous materials (footnote 11), in which case more restrictive requirement shall apply. Land uses that are not specifically listed are not permitted unless determined, by the planning and community development director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision which follow this chapter. Page 12 of 23 Land Use Category I-L District Adult Business (subject to the provisions and limitations of Chapters 8.37, 8.38, and 8.39) (A) C Agricultural Processing (includes viticulture) C Agricultural Services A Aircraft Related Industry A Animal Hospital/Veterinary Clinic A Ambulance Service A Appliance Repair Service P Auto Parts Sales and Installation P Automobile Service Station (C) C Beverage Bottling Plant P Boat Building P Brewery/Distillery/Winery (R) A Broadcasting Studio A Car Wash P Clubs and Lodges C Commercial Filming Studio P Communication Facility (F) C/A Contractors' Storage Yard C Convention Center C Cooperage P Cultural Institution (e.g. museums) C Dairy Products Processing P Day Care Center (Nonresidential) C(I) Dry Cleaning Plant A Electric Vehicle Charging Stations* (subject to the provisions of Chapter 15.34) P Exterminator P Food Processor C Fuel Storage C Funeral Parlor/Mortuary C Health Club P(I) Household Hazardous Waste Facility C Household Services/Contractors (e.g. plumbing, painting, electrical, interior decorating) P Hydrogen Fueling Station* (subject to the provisions of Chapter 15.34) P Kennel (Commercial) (O) C Laundries/Linen Supply Service P Light Manufacturing and/or Assembly (Laboratory requirements to Biosafety Levels 1 and 2) P Lumber Yard P Massage Therapy (see Chapter 8.36) P(I) Medical Laboratory A Microbrewery • with restaurant C • without restaurant P Nursery (Horticulture) P Office A Parking Lot (Commercial) C Parcel Delivery Service P Page 13 of 23 Personal Services • As a Principal Use A • As an Incidental Use I Photographic Plant P Printing and Blueprinting P Private/Public Utility Facility (F) • Minor Z/C • Major C Public Assembly C Public Facility—Non-City owned or proposed (see also Public Utility) C Public Facility—City owned or proposed (subject to Planning Commission review on referral from City Council) P Publishing P Recycling Facility (V) • Reverse Vending Machines P • Small Collection Facility A • Large Collection Facility C • Light Processing Facility C Religious Assembly C Research and Development (Laboratory requirements to Biosafety Levels 1 and 2 only) P Restaurant (I) • As an Incidental Use A Retail Use • As an Incidental Use A Retail Warehouse C School • Trade School A • High School C Security Guard Residence I Sign Shop P Stone Works P Studio (e.g. Dance, Martial Arts) A Taxidermist A Telecom Center A Temporary Use/Event (EE, see also DD) • Arts and Crafts Show T • Circus/Carnival T • Flea Market/Swap Meet A • Live Entertainment A • Outdoor Exhibit A • Recreational Event A • Religious Assembly A • Retail Sales A • Seasonal Lot/Activity (e.g. Christmas trees, pumpkins) T • Trade Fair T Towing Service/Impound Yard A Trucking Terminal (including moving and storage) A Upholstery Shop P Vehicular Dealerships/Rentals (incl. boats, farm and construction equip.) (FF) A Page 14 of 23 Vehicle Repair/Body Shops (GG) P Warehousing/Wholesaling P Rohnert Park Municipal Code section 17.06.640 (Permitted Uses), identifying permitted land uses in the Commercial Overlay District, is amended to read in its entirety as follows: In addition to the uses allowed in the underlying zoning district, the following is a list of permitted land uses within the commercial overlay designation. Permitted as follows: P = Permitted. C = Conditionally-permitted by planning commission. A = Administrative permit. Z = Certificate of zoning compliance. T = Temporary conditional permit. I = Uses allowed as incidental to a primary use. Uses involving chemicals may also be subject to requirements regarding hazardous materials (footnote 11), in which case more restrictive requirements shall apply. Land uses that are not specifically listed are not permitted unless determined, by the planning and community development director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision which follow this chapter. Land Use Category Additional Uses Permit in "C" Overlay Amusement Center - Small (e.g., indoors; commercial shopping center) A Antique Store P Arcade Games/Cybercafes (B) P/A Bakery (Retail Sales) P Bank/Savings and Loan/Credit Union (see Drive- Through Windows) (I) P Bar/Nightclub (R) C Barber/Beauty Shop/Tanning Salon P Bath House/Spa C Billiards Parlor (R) C Check Cashing Store P Day Care Center (Nonresidential) C Drive-Through Window (any use) (I) C Dry Cleaning Outlet P Electric Vehicle Charging Stations* (subject to the provisions of Chapter 15.34) P Florist P Food Store - Convenience Store P Food Store - Supermarket P Furniture Store - Small/Custom Order P Furniture Store - Large P Hardware Store P Health Club A Page 15 of 23 Home Improvement Store P Hotel/Motel (No in-room food preparation unless applied for and approved as part of project approval or separately.) P Hydrogen Fueling Station* (subject to the provisions of Chapter 15.34) P Interior Decorator P Liquor Store (Off-Sale) (R) C Live Entertainment C Live/Work (P) C Massage Therapy (see Chapter 8.36) P Medical Clinic P Microbrewery with restaurant C Paint Store P Pharmacy (see Drive-Through Window) (I) (Does not include a Medical Marijuana Dispensary, which is a prohibited use within the City) P Photography Studio P Restaurant C Restaurant - General C Restaurant - Fast Food (see also Drive-Through Window) (I) C Restaurant - Outdoor and Sidewalk Cafe (S) P Restaurant - Take Out/Delivery P Restaurant - With Bar and Live Entertainment (R) C Retail, General and Specialty A Retail, Department or Big Box l P Tailor A Tattoo/Piercing Studio A Rohnert Park Municipal Code section 17.06.840 (Permitted Land Uses), Table 1, “Land Uses,” identifying permitted land uses in the Sonoma Mountain Village Planned Development Zoning District, is amended to read in its entirety as follows: Table 1. Land Uses P Permitted CUP Conditional Use Permit Required A Administrative Use Permit Required * Uses marked with an asterisk are subject to the applicable provisions of Rohnert Park Municipal Code Chapter 17.07. T3 T4 T5 T6 CS CP CB T7 A. RESIDENTIAL Accessory Building P P P Dwelling, Multifamily P P1 P1 Dwelling, Single Family P P Page 16 of 23 Guest House P P Home Occupancy A A A A Large Family Daycare (9-14) P P P P P Live-Work Unit P P P P Manufactured/Mobile Home A CUP Recreational Courts* P P Row House P P2 P1,2 Small Family Daycare Home (8 or Less) P P P P Temporary Use see Section 17.06.030 for all transects Water Storage Cisterns P P P P P P P B. LODGING Bed & Breakfast Inn (up to 5 rooms) P P P Hotel (no room limit) P P Inn (up to 12 rooms) P P School Dormitory P P P C. OFFICE Office2 CUP P P P P D. RETAIL, GENERAL Alcoholic Beverage Establishment* CUP CUP CUP Cinema CUP P CUP Commercial Recreation - Indoor* A P P CUP Bar/Tavern/Night Club* CUP CUP CUP Farmer's Market (daily or weekly, year-round) A A A A A A Groceries, Specialty Foods A P P P Kiosk A A A A A A Liquor Store* CUP CUP CUP CUP Live-Work Unit P P P P CUP Mobile Home, RV and Boat Sales Market Hall3 P P P P Outdoor and Sidewalk Cafes* A P P P A Paraphernalia Store CUP4 CUP5 Plant Nursery CUP A P Push Cart P P P P A Restaurant, Cafe, Coffee Shop A P P CUP A Retail, General A P P CUP A Smoking/Tobacco Store CUP5 CUP7 CUP Theater/Performing Arts (for Movies, see "Cinema") CUP P P P CUP E. CIVIC Art, Public (fountains, statues, kinetic, participatory) P P P P P P P P Page 17 of 23 Amphitheater (outdoor) CUP CUP CUP P/ CUP6 CUP CUP Club, Lodge, Private Meeting Hall P P P CUP Auditorium (indoor) A P P P CUP Library, Museum, Art Gallery A P P P P Parking, Surface Lot P P P P P P P Parking, Structured A P P P P Parks P P P P P P P Recycling Facility A* A* A* A Religious Assembly A A P P P CUP Temporary Use/Event A A A A A A A F. AGRICULTURE, FOOD & ANIMALS Beekeeping - Commercial Roof (up to 10 hives)7 P P P P P Beekeeping - Residential Yard (up to 2 hives) P P Chickens (up to 2 hens; no roosters) P P A P Crop Production, Horticulture, Orchard, Vineyard P A A Domestic Animals P P P P Domestic Animal Daycare A P P Animal Rescue CUP CUP Garden, Private or Community (less than 2 acres) P P P P P P P Garden, Private or Community (more than 2 acres) A A A A A Goats (up to 2 females; no males) P P A Green Roof/Green Balcony P P P P P P P P Greenhouse8 (commercial) CUP CUP CUP CUP CUP CUP CUP Kennel CUP CUP Plant Nursery CUP A P P Slaughterhouse not allowed in any transect Trees - Fruit or Nut P P P P P P P P Vertical Garden/Green Wall P P P P P P G. RENEWABLE ENERGY SYSTEMS Solar Photovoltaic System (pole mounted) A P P P P Solar Photovoltaic System (roof mounted) P P P P P P P P Solar Water Heater (roof, wall or ground mounted) P P P P P P P Wind Farm CUP Windmill (horizontal axis - propeller type) P P P P Windmill (vertical axis - cylindrical type) P P P P P P P P H. SERVICES Page 18 of 23 Adult Day Program A P P CUP P Automated Teller Machine (ATM) - no drive- thru P P P P P Bank, Financial Services P A P P P Business Support Services P P P P P Catering P P P P Child Day Care Facility A P P CUP Health Care Facility P A P P P CUP Incinerator (waste, medical waste, cremation) not allowed in any transect Laboratory - Animal Testing not allowed in any transect Laboratory - Medical, Analytical and Research A A P P Laundry, Coin-Operated P A Laundry, Dry Cleaning Plant A A P Maintenance Repair Service - Client Site Services P P P Maintenance Repair Service - Equipment, Appliances P P P Meals Assembly P P P P P Media Production A P P P Medical Service - Major P P CUP CUP Medical Service - Minor CUP P P P P Mortuary, Funeral Home A A A Office - Business, Service, Government P P P P P Office - Professional, Administrative, Processing A P P P Personal Services P A P P P Personal Services - Restricted A P P A Printing and Publishing P P P P P Seasonal Services CUP A Storage - Outdoor Storage Yard CUP CUP A P Storage - Warehouse/Indoor A P P Studio - Art, Dance, Martial Arts, Music, etc. P P P P CUP Veterinary Clinic, Animal Hospital CUP P P CUP I. AUTOMOTIVE Auto Vehicle Sales & Rental CUP Carshare/Bicycleshare Stations P P P P P P Electric Vehicle Charging Stations (subject to the provisions of Chapter 15.34) P P P P P P Fueling Station (alternative fuels only)* CUP CUP Hydrogen Fueling Station (subject to the provisions of Chapter 15.34) P9 P9 P9 P9 P9 P Fueling Station CUP9 Page 19 of 23 Vehicle Services CUP CUP J. CIVIL SUPPORT Cemetery CUP Public Safety Facility A A A A P CUP Residential Care Facilities for the Elderly (RCFE) A A A CUP Residential Care Facilities for the Chronically Ill (RCFCI) A A A CUP Homeless Shelter* CUP CUP P Telecommunication Facility CUP CUP CUP CUP CUP CUP Transitional Housing CUP CUP CUP K. EDUCATION College CUP CUP CUP Elementary School - Private CUP CUP CUP CUP Elementary School - Public P P P P Junior High and High School - Private CUP CUP CUP CUP Junior High and High School - Public P P P P Childcare Center A A A A P A Research and Development (R&D) A P P P School - Specialized Education and Training A A P P P P L. INDUSTRY, MANUFACTURING AND WHOLESALE Commercial Food Processing CUP CUP CUP Furniture/Fixtures Manufacturing, Cabinet Shop P P P Manufacturing/Processing - Light CUP CUP CUP P Manufacturing/Processing - Heavy CUP CUP Wholesale Operations A A P 1 Only allowed on the ground floor where shop front or gallery is not required. 2 For Live -work units, see the Residential category. 3 A single story building with a taller story of up to twenty-five feet is allowed for this use. 4 Paraphernalia stores are subject to Municipal Code 8.33. 5 Smoking/tobacco stores are subject to Municipal Code 8.32. 6 Permitted at Village Center Civic Space only. Requires CUP elsewhere. 7 Minimum twenty feet away from property line. 8 For residential greenhouse, see Accessory Building under Residential. Note that the minimum two-story requirement does not apply to the greenhouse use. 9 Only if and when subject to an effective Development Agreement. Otherwise, the use is prohibited. Page 20 of 23 Rohnert Park Municipal Code Section 17.07.020 (Footnotes), Subsection C, “Automobile Service Station,” is amended to read in its entirety as follows: C. AUTOMOBILE SERVICE STATION. 1. Service station uses may be permitted in indicated districts only with approval of a conditional use permit and subject to the following provisions, with the exception of hydrogen fueling stations permitted pursuant to Government Code section 65850.7 and Chapter 15.34. The provisions of this section shall apply to all new service stations. The provisions of this section shall also apply to the expansion of thirty percent or greater in floor area, or a remodeling or any on-site development that would cost more, than fifty percent of the value of the improvements on the parcel at the time of remodeling, excluding land value, except that the provisions prohibiting the expansion, enlargement, reconstruction, or relocation of features related to the sale of gasoline, diesel, or other motor vehicle fuels shall apply to all service stations. The provisions of this section shall also apply to a service station which after being closed for more than one hundred eighty days is to be reopened. 2. Combustion engine fuel sale uses prohibited. a. No automobile service station may be established, or re-established for stations closed in excess of 180 days, that involves the sale or distribution of gasoline, diesel, or other motor vehicle fuels for use in vehicles with combustion engines. Hydrogen fueling stations shall be permitted pursuant to Chapter 15.34. b. All existing automobile service station uses involving the sale or distribution of gasoline, diesel, or other motor vehicle fuels for combustion engines, shall not be enlarged, extended, or moved to a different portion of the lot or parcel occupied by such use, with respect to the portion of such use dedicated to the sale of gasoline or diesel, or other motor vehicle fuels for use in combustion engines, including those site features such as storage tanks, pumps, and fuel dispensers. However, this prohibition shall not apply to hydrogen fueling stations permitted pursuant to Chapter 15.34. 3. Minimum site standards. a. No service station shall be constructed or operated on a lot having a depth or width less than one hundred fifty feet. b. No building or structure (including canopies) shall be located within twenty feet from any curb face, or within ten feet of any interior parcel. No service station building shall be located nearer than thirty-five feet from any street property (such setback shall be measured at the building foundation). c. No facility for dispensing fuel, and no dispenser in which the same is or may be located, shall be nearer than twenty feet from any property line nor nearer than thirty-five feet from any parking space. Further, no dispenser, pump, or facility for dispensing fuel shall be located on a residential street frontage serving as a secondary access to the service station site. Page 21 of 23 d. All outdoor storage shall be screened as provided for in this ordinance, however, a display rack for automobile products no more than four feet wide may be maintained at each dispenser area of a service station. If display racks are not located on dispenser areas, they shall be placed within three feet of the principal building, and shall be limited to one per street frontage. The location of display racks and vending machines shall be specified by the use permit. The storage of inoperative vehicles is prohibited. e. Gas tank vent pipes or venting equipment for other fuels shall be incorporated into the structures and concealed from public view. 4. Site Development Standards. a. If a lot upon which a service station is constructed or maintained abuts a residential use or a residentially zoned parcel, a six foot high solid masonry wall shall be constructed along the full length of each property line abutting such properties; provided, however, such wall height shall be reduced to three feet adjacent to the front yard of each adjacent residential property or residentially zoned property. b. All r estroom entrances, unless interior to a main building, shall be screened from the view of all adjacent properties and streets by means of decorative screens six feet in height. The bottom of such screens shall be raised no less than twelve inches and no more than eighteen inches above the finished grade for visibility and ventilation. Public restrooms that are accessible to the general public and physically handicapped shall be provided during all hours that the service station is open to the public. c. All outside trash, garbage, refuse and recycling storage areas shall be enclosed by a gated masonry structure not less than six feet in height, ten feet in width (outside dimension), and ten feet in length (outside dimension). Openings to the storage areas shall be designed so as to prevent a view of trash or materials stored from the street or adjacent properties. Provisions for adequate vehicular access for the collection of such trash and materials shall be provided to and from such areas. d. Provisions shall be made in the area where Class II flammable liquids may be spilled to prevent liquids from flowing into the interior of the service station buildings. Such provisions may include grading driveways, raising doorsills, or other equally effective means. Crankcase drainings and flammable liquids shall not be dumped into sewers but shall be stored in tanks or tight drums outside buildings in a designated screened area until removed from the premises by a licensed disposal company. e. Tanks installed for crankcase drainings shall be installed in accordance with the requirements for flammable liquid storage. In addition thereto, drainage lines terminating inside a building shall be equipped with a suitable trap or check valve. f. Service stations constructed in areas that are predominantly of residential character shall be designed to maintain a residential atmosphere. Page 22 of 23 g. A water and air supply station, if provided for public use, shall be located out of traffic flow areas and be shielded so to not create noise audible beyond the property line and shall be kept in working condition. h. Any loudspeaker system shall not be audible above daytime ambient noise levels beyond the property boundaries. The system shall be designed to compensate for ambient noise levels in the immediate area, and shall be directed away from, and not be located within thirty feet of, any residential uses or residential districts. i. Car wash facilities located next to residential uses or residential districts shall not be operated between the hours of 10:00 p.m. and 7:00 a.m. More restrictive time requirements may be established as a condition of any conditional use permit. 5. Landscaping standards. a. Planters shall be installed and maintained adjacent to every street frontage for the full length thereof except for driveways. The street frontage landscaping shall be bermed to be of sufficient height to help screen the dispenser areas from passing motorists. b. A planting area shall be installed and maintained at the intersection of property lines at a street corner to conform to the radius of such corner; provided, however, at no time shall such planting area be less than one hundred fifty square feet. All plants shall respect the visibility triangle provided in this ordinance. c. All planting areas shall be separated from adjacent asphalt paving by concrete curbing at least six inches in height. The site shall be entirely paved, except for buildings and landscaped areas. d. Planters shall comply with the parking lot landscaping requirements of this ordinance. e. All plants in any planter adjacent to a perimeter wall shall, when required by the planning commission, be of a variety capable of growing to the height of such wall. f. Permanent underground sprinkler systems shall be installed and maintained for every landscaped area, and all such landscaped areas shall be planted and maintained in a neat, orderly, and healthy manner. 6. Surface drainage. Flow lines shall be shown on all service station plans. Sheet flow shall not be permitted across property lines. Surface runoff shall be carried under sidewalks into the gutter or other drainage facility by means of a drainage structure approved by the city engineer. 7. Utilities. All utilities, including electrical, telephone, C.A.T.V., and similar service wires or cables which provide direct service to the property, shall, within the exterior boundaries of the station property, be installed underground. Related electrical equipment, such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes, and meter cabinets, may be placed above ground if they are enclosed and screened by fencing and/or landscaping as appropriate. Page 23 of 23 8. Equipment. All hydraulic hoists and pits and equipment for lubrication, greasing, automobile washing, and permitted repairs shall be enclosed entirely within a building. 9. Exterior lighting. All exterior lighting shall be so arranged and shielded as to prevent any glare or reflection upon and cause any nuisance, inconvenience, or hazardous interference of any kind with adjoining streets or properties. 10. Architectural control. All exterior walls should be constructed of rock, brick, stucco, wood, treated metal or any combination thereof. All exterior elevations shall be compatible in design with adjacent structures. Service bays should be oriented to have minimal visibility from adjacent roadways. Service stations within shopping centers/business parks or similar complexes shall be designed to reflect the architectural theme of the complex. Signage and exterior elevations shall be subject to review and approval by the planning commission. 11. Access, parking, and circulation. a. No such site shall have more than two driveways or means of access to any one street. b. Each driveway shall be separated from adjacent residential property by a full height curb extending at least five feet in length from the residential property line. c. No driveway shall exceed a width of twenty feet at the sidewalk. d. No driveway shall be permitted to encroach onto the return or curve of a street corner. A distance of twenty feet, or more if needed for vehicle stacking distance, shall be maintained between the return point and the beginning of the driveway depression. e. Every service station shall have access to a collector or arterial standard street. f. All deliveries shall be made on the service station site itself. g. If a towing service is combined with a service station, a storage area completely screened from public view, by a six foot high solid wall or fence, shall be provided at the rear of the site. The size of the storage area, and extent of screening, shall be determined through the use permit process. This area shall be added to the minimum lot size requirements. h. No vehicles, trailers, or campers on any service station premises may be advertised or offered for sale. There shall be no permanently disabled, junked, or wrecked vehicles stored on site, except in cases of a tow service. Towed permanently disabled, junked, or wrecked vehicles shall be stored on-site no longer than one week and they shall be stored within the designated storage area. 54 November 2014 Northwest Specific Plan CHAPTER 5: PERMITTED LAND USES & DEVELOPMENT STANDARDS Land Use Category C-R Amusement Center (e.g. miniature golf, golf driving range, bowling alley, cyber cafe) (B) Small (e.g., indoors; commercial shopping center) A Large (e.g., indoors or outdoors; stand alone fa- cility)C Animal Hospital/Veterinary Clinic C Antique Store P Arcade Games/Cybercafes (B) P/A Automobile Service Station (C) C Bakery (Retail Sales) P Bank/Savings & Loan/Credit Union (see Drive-Through Windows) (I) P Bar/Nightclub (R) C Barber/Beauty Shop/Tanning Salon P Bath House/Spa C Billiards Parlor (R) P Broadcasting Studio C Clubs & Lodges C Commercial Filming Studio C Communication Facility (F) C/A Convention Center C Cultural Institution (e.g. museums) C Day Care Center (Non-Residential) C Drive-Through Window (any use) (I) C Drive-Through Window (pharmacy) (I) C Dry Cleaning Outlet P Electric Vehicle Charging Station (see RPMC Chapter 15.34) P Firearm Dealers and Firearm Ammunition Dealers (J) C Florist P Food Store Convenience Store C Supermarket C Furniture Store Small/Custom Order C Table 5-1: PERMITTED USES COMMERCIAL-R Uses not shown are prohibited unless determined by the Planning Director to be consistent with the Specific Plan. P - Permitted C - Conditionally-permitted by Planning Commission A - Administrative Permit Z - Certificate of Zoning Compliance T - Temporary Conditional Permit I - Uses Allowed as Incidental to a Primary Use If the listed land use is followed by a letter or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision in Municipal Code Sections 17.07.020 or 15.34. Exhibit B 55 Northwest Specific Plan November 2014 CHAPTER 5: PERMITTED LAND USES & DEVELOPMENT STANDARDS Land Use Category C-R  Large C Health Club A Homeless Shelter (M)  Small (6 or less persons) P  Large (7 or more persons) P Hotel/Motel (No in-room food preparation unless applied for and approved as part of project approval or separate- ly.) P Hydrogen Fueling Station (see RPMC Chapter 15.34) P Interior Decorator P Kennel (Commercial) (O) C Laboratory  In conjunction with a medical, dental or optical use P(I) Laundromat Liquor Store (Off-Sale) (R) C Live Entertainment C Massage Therapy (see Chapter 9.80 of Zoning Code) P Microbrewery with restaurant P Office  Professional and Administrative C  Medical and Dental C Parking Lot (Commercial) C Pharmacy (see Drive-Through Window) (I) (Does not include a Medical Marijuana Dispensary, which is a pro- hibited use within the City.) P Photography Studio P Printing & Blueprinting  Small Copy Center P  Print Shop P Private/Public Utility Facility (F)  Minor Z/C  Major C Public Assembly A Public Facility-Non-city owned or proposed (see also P COMMERCIAL-R Uses not shown are prohibited unless determined by the Planning Director to be consistent with the Specific Plan. P - Permitted C - Conditionally-permitted by Planning Commission A - Administrative Permit Z - Certificate of Zoning Compliance T - Temporary Conditional Permit I - Uses Allowed as Incidental to a Primary Use If the listed land use is followed by a letter or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision in Municipal Code Sections 17.07.020 or 15.34. 61 Northwest Specific Plan November 2014 CHAPTER 5: PERMITTED LAND USES & DEVELOPMENT STANDARDS Land Use Category I-L Agricultural Processing (includes viticulture) C Agricultural Services A Aircraft Related Industry A Animal Hospital/Veterinary Clinic A Ambulance Service A Appliance Repair Service P Auto Parts Sales & Installation P Automobile Service Station (C) C Beverage Bottling Plant P Boat, RV, and Outdoor Storage Facility (E) C Boat Building P Brewery/Distillery/Winery (R) A Broadcasting Studio A Car Wash P Clubs & Lodges C Commercial Filming Studio P Communication Facility (F) C/A Contractors' Storage Yard C Convention Center C Cooperage P Cultural Institution (e.g. museums) C Dairy Products Processing P Day Care Center (Non-Residential) C(I) Dry Cleaning Plant A Electric Vehicle Charging Station (see RPMC Chapter 15.34) P Exterminator P Food Processor C Fuel Storage C Funeral Parlor/Mortuary C Health Club P(I) Household Hazardous Waste Facility C Household Services/Contractors (e.g. plumbing, painting, electrical, interior decorating) P Hydrogen Fueling Station (see RPMC Chapter 15.34) P INDUSTRIAL Uses not shown are prohibited unless determined by the Planning Director to be consistent with the Specific Plan. P - Permitted C - Conditionally-permitted by Planning Commission A - Administrative Permit Z – Certificate of Zoning Compliance T - Temporary Conditional Permit I - Uses Allowed as Incidental to a Primary Use If the listed land use is followed by a letter or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision in Municipal Code Sections 17.07.020 or 15.34. SEPTEMBER 2008 ROHNERT PARK WILFRED/DOWDELL VILLAGE SPECIFIC PLAN PAGE 18 Table 3.3-1 Permitted and Conditionally Permitted Uses* Permitted Uses Conditionally Permitted Uses Region-Serving Retail Sales Examples: •Department stores •Furniture stores •Appliance stores •Hardware stores •Paint stores •Sporting goods stores •Office supply stores •Food stores •Apparel and shoes •Books and recorded music •Home furnishings •Kitchenware •Jewelry, gifts and toys •Personal care products •Art and antiques •Flowers •Stationery and cards •Computers and software •Professional and medical/dental offices •Personal services including hair and nail salons Auto-Related and Outdoor Businesses Examples: •Auto sales, services and supply •Service Station Financial Services Examples: •Banks •ATM facilities •Brokerages Outdoor Uses Examples: •Garden nursery with outdoor display and sales Small Hotel/Motel (100 rooms or less) Large Hotels and Conference Facilities (associated with a hotel) Food Service Examples: •Sit-down restaurants •Indoor and outdoor cafes Coffee shops Drive-Through Restaurant less than 5000 sq.-ft. in area including play and accessory structures Alcoholic Beverage Service in conjunction with entertainment Dining-Related Services Examples: •Live entertainment for dining patrons Alternative Fueling Stations •Hydrogen Fueling Stations •Electric Vehicle Charging Stations Commercial Recreation Examples: •Health clubs •Skating rinks •Movie theater *Refer to the City’s Zoning Ordinance – C-R (Regional Commercial) District for uses not listed in the table. Exhibit C Page 1 of 6 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, TERMINATING THE MORATORIUM ON THE APPROVAL OF NEW OR EXPANDED AUTOMOBILE SERVICE STATION USES AND AMENDING THE ROHNERT PARK MUNICIPAL CODE CHAPTER 15.34 “ELECTRIC VEHICLE CHARGING STATION REVIEW PROCESS,” SECTION 17.070.20.C (AUTOMOTIVE SERVICE STATIONS), CHAPTER 17.04 (DEFINITIONS), SECTION 17.06 (LAND USE REGULATIONS), THE NORTHWEST SPECIFIC PLAN, AND THE WILFRED DOWDELL SPECIFIC PLAN TO PERMIT HYDROGEN FUELING STATIONS AND SPECIFY ELECTRIC VEHICLE CHARGING STATION REVIEW TIMELINES PURSUANT TO GOVERNMENT CODE SECTION 65850.7. WHEREAS, Article XI, Section 7 of the California Constitution authorizes cities to adopt local police, sanitary, and other ordinances not in conflict with general laws; and WHEREAS, Government Code Section 65858 provides that a city legislative body may, in order to protect public safety, health and welfare, adopt as an urgency measure an interim ordinance prohibiting any uses that may conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body is considering or studying or intends to study within a reasonable time, provided such urgency measures are adopted by four-fifths vote of the legislative body and include findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional entitlements would result in that threat to public health, safety, or welfare; and WHEREAS, On January 25, 2022, pursuant to Government Code section 65858, following notice and a public hearing, the City Council adopted an Urgency Ordinance establishing a 45-day moratorium on the approval of new or expanded automobile service station uses involving sale of gasoline or diesel fuel products (the “Interim Ordinance”); and WHEREAS, On March 8, 2022, pursuant to Government Code section 65858, following notice and a public hearing the Interim Ordinance was extended for an additional period of 22 months and 15 days; and WHEREAS, on March 22, 2022 the City Council adopted Ordinance 960 to: (1) amend zoning code section 17.07.020 (Footnotes), subsection C (Automotive Service Stations) to prohibit the installation of any new petroleum fueling facilities, or allowing the expansion of existing gas stations; (2) amend the Wilfred Dowdell and Northwest Specific Plans will ensure that the changes to zoning code section 17.07.020 are fully implemented in these two specific plan areas; amend zoning code section 17.06.840 (Sonoma Mountain Village Planned Page 2 of 6 Development Zoning District) to add a land use category of “Fueling Stations (Alternative Fueling only)” to allow for alternative fuels while prohibiting new petroleum fueling facilities; and WHEREAS, on October 12, 2022, the City Council reviewed a draft Climate Change Element for the Rohnert Park General Plan, which documents that 67% of the greenhouse gas emissions in Rohnert Park are associated with the transportation sector; and WHEREAS, California state law requires that all electric vehicle charging stations and hydrogen fueling stations are permitted with ministerial approval processes; and WHEREAS, changes to the Municipal Code that reduce fossil fuel use in the transportation sector, and promote expansion of electric vehicle charging infrastructure, hydrogen fueling stations, and greater adoption of electric and hydrogen vehicles are consistent with State law and the City’s developing General Plan; WHEREAS, the proposed changes to the Rohnert Park Municipal Code (attached hereto as Exhibit A), the Northwest Specific Plan (attached hereto as Exhibit B), and the Wilfred Dowdell Specific Plan (attached hereto as Exhibit C) are consistent with the goals, policies, and implementation measures in the General Plan and necessary to comply with state law; WHEREAS, pursuant to California state law and the Rohnert Park Municipal Code, a public notice was published in the Community Voice for a minimum of 10 days prior to the first public hearing; and WHEREAS, on October 12, 2023, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support of or opposition to the proposal; and WHEREAS; the Planning Commission reviewed and considered the Ordinance and adopted a resolution recommending approval of the proposed amendments to the Rohnert Park Municipal Code, the Northwest Specific Plan, and the Wilfred Dowdell Specific Plan with respect to hydrogen fueling stations and electric vehicle charging stations; WHEREAS; the City Council received and considered the Planning Commission recommendation on ____________ and conducted a Public Hearing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Rohnert Park as follows: Page 3 of 6 Section 1. The above recitations are true and correct. Section 2. Findings. The City Council hereby makes the following findings with respect to the adoption of this Ordinance: 1. That the proposed amendments to the Municipal Code are consistent with the General Plan 2020. 2. Criteria Satisfied. Each of the specific plan amendments are consistent with both the current 2020 General Plan and the proposed Climate Change policies with the draft 2040 General Plan. The majority (67%) of greenhouse gas emissions in Rohnert Park are associated with the transportation sector and the draft Climate Change Element sets forth goals and policies to reduce the City’s greenhouse emissions which include support for broader adoption of alternative energy vehicles Changes to the specific plans that reduce fossil fuel use in the transportation sector, and promote expansion of alternative infrastructure are consistent with the draft General Plan. Additionally, the revisions are simply to implement requirements for hydrogen fueling station permitting mandated by state law. 3. That the proposed amendment to the Zoning Ordinance will be beneficial to the public health, safety or welfare. Criteria Satisfied. The proposed amendments to the municipal code are intended to address public health, safety and welfare concerns created by improving the city’s response to climate change, which would result in the long-term benefit to public health. Additionally, the revisions are simply to implement requirements for hydrogen fueling station permitting mandated by state law. 4. Each specific plan amendment is consistent with the City's general plan. Criteria Satisfied. Each of the specific plan amendments are consistent with both the current 2020 General Plan and the proposed Climate Change policies with the draft 2040 General Plan. The majority (67%) of greenhouse gas emissions in Rohnert Park are associated with the transportation sector and the draft Climate Change Element sets forth goals and policies to reduce the City’s greenhouse emissions which include support for broader adoption of alternative energy vehicles Changes to the specific plans that reduce fossil fuel use in the transportation sector, and promote expansion of alternative infrastructure are consistent with the draft General Plan. Additionally, the revisions are simply to implement requirements for hydrogen fueling station permitting mandated by state law. Page 4 of 6 5.Each specific plan amendment will not adversely affect the public health and safety or result in incompatible land uses. Criteria Satisfied. The intent of the amendments to each specific plan is to improve the city’s response to climate change which would result in the long-term benefit to public health. Additionally, the revisions are simply to implement requirements for hydrogen fueling station permitting mandated by state law. 6.Each specific plan amendment provides the framework to phase and pace growth within the specific plan area so as to ensure completion of all necessary public facilities concurrently with completion of the specific plan. Criteria Satisfied. Each amendment does not impact the phasing of the respective specific plans. The amendments do not impact the phasing of growth in each specific plan, and the specific plan requirements under each plan with respect to phasing and pacing of growth remain in place. 7.Each specific plan amendment identifies adequate financing mechanisms for the infrastructure and public facilities required to support the development. Criteria Satisfied: Each proposed amendment does not impact the financing mechanisms of the respective specific plan. 8.Each proposed specific plan amendment will not create internal inconsistencies within the specific plan and is consistent with the purpose and intent of the specific plan it is amending. Criteria Satisfied: Each specific plan amendment does not create internal inconsistencies, and is being adopted to maintain consistency with the municipal code. Additionally, the revisions are simply to implement requirements for hydrogen fueling station permitting mandated by state law. Section 3. Environmental Review. The approval of this ordinance is exempt under Sections 15060(c)(2) of the CEQA Guidelines, as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and also exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment. Additionally, this action is exempt pursuant to CEQA Guidelines section 15308 (actions taken by regulatory agencies as authorized by state law or local ordinance to assure the Page 5 of 6 maintenance, restoration, enhancement, or protection of the environment), and CEQA Guidelines section 15268 (processing and approval of ministerial projects). . Section 4. Amendment of Municipal Code. The City Council hereby terminates the moratorium prohibiting the issuance of any entitlements or permits for the sale of motor fuel, amends the Municipal Code as shown in Exhibit A. Section 5. Amendment of Northwest Specific Plan. The City Council hereby amends the Northwest Specific Plan as shown in Exhibit B. Section 6. Amendment of Wilfred Dowdell Specific Plan. The City Council hereby amends the Wilfred Dowdell Specific Plan as shown in Exhibit C. Section 7. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. Section 8. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption. This Ordinance was introduced by the Council of the City of Rohnert Park on ______, 2023 and DULY AND REGULARLY ADOPTED on ________, 2023, by the following Roll Call Vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK ____________________________________ Samantha Rodriguez, Mayor ATTEST: Page 6 of 6 ____________________________________ Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: ____________________________________ Michelle Marchetta Kenyon, City Attorney I, SYLVIA LOPEZ CUEVAS, CITY CLERK of the City of Rohnert Park, California, do hereby certify that the foregoing Ordinance was duly adopted and passed at a regular meeting of the City Council on the ____ day of ________ 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: INTEROFFICE MEMORANDUM ROHNERT PARK DEPARTMENT OF PUBLIC SAFETY TO: Elliott Pickett FROM: Aaron Hall DATE: 10/04/23 SUBJ: Hydrogen Fuel Ordinance _______________________________________________________________ Rohnert Park Department of Public Safety will be able to accommodate Government Code 65850.7, as amended by SB 1291. PRDPS fire prevention staff has already networked with City of Fremont Fire Department Prevention Bureau who has already permitted and allowed the installation of a hydrogen fuel station. The 2022 CA. Fire Code Chapter 2309 (Hydrogen Motor Fuel-Dispensing and Generation Facilities) was adopted in its entirety. Through the CFC Ch. 2309.1 (General) the code adopts Ch. 58 (Flammable Gases & Flammable Cryogenic Fluids) of the fire code and NPFA 2, which makes these codes standards without the need for local amendments. Having these sections codified, gives RPDPS the ability to administratively approve an application to install hydrogen-fueling. Through permitting and plan review, all National and State codes will be addressed. Government Code 65850.7, as amended by SB 1291 gives very clear direction to the city’s ability and inability and RPDPS would accept all plans to comply and also enforce codified law. As far as for Rohnert Park DPS response, our average time to respond is 4:42, which is determined through our 2021 stats for fire response. Due to the safety features usually implemented with Hydrogen, if there is a release, the hydrogen is usually abated by absorbing into the atmosphere. If the need for Sonoma County Haz Mat arises, a request would be made through dispatch, and they would respond with times depending on their location in the county. At any given time, a member of their team is on duty 24/7/365 days a year. Aaron Hall Rohnert Park Fire Marshal Attachmnent 2