Loading...
2023/08/24 Planning Commission Agenda Packet City of Rohnert Park Planning Commission NOTICE IS HEREBY GIVEN THAT A REGULAR MEETING will be held on Thursday, August 24, 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. CALL TO ORDER 2. ROLL CALL (Austin-Dillon_____ Epstein____ Lam____ Orloff____ Striplen____) 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. PLEDGE OF ALLEGIANCE 5. PUBLIC COMMENT – Persons who wish to speak to the Commission regarding an item that is not on the agenda may do so at this time. Please see above for details on how to submit public comments. 6. CONSENT CALENDAR - ADOPTION OF MINUTES 6.1 Approval of the Draft Minutes of the Planning Commission Meeting of August 10, 2023. Commissioner Motion/Roll Call Vote: (Austin-Dillon_____ Epstein ____ Lam ____ Orloff _____ Striplen _____) 7. AGENDA ITEMS 7.1 PUBLIC HEARING – CONDITIONAL USE PERMIT – File No. PLUP23- 0002- United Cerebral Palsy of the North Bay Adult Daycare – Consideration of a Resolution 2023-19, 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 143-051-087). CEQA: The project is categorically exempt from the California Environmental Quality Act, pursuant to Public Resources Code Section 15301 (Class 1 – Existing Facilities). Commissioner Motion/Roll Call Vote: (Austin-Dillon_____ Epstein ____ Lam ____ Orloff _____ Striplen _____) 8. ITEMS FROM THE PLANNING COMMISSION 9. ITEMS FROM THE DEVELOPMENT SERVICES STAFF 10. ADJOURNMENT NOTE: If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at 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 August 24, 2023, Planning Commission Meeting of the City of Rohnert Park was posted and available for review on August 18, 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 18th day of August 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 September 5, 2023. Minutes of the Planning Commission Meeting of the City of Rohnert Park Thursday, August 10, 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 Matt Epstein, Vice Chairperson Marc Orloff, Commissioner Charles Striplen, Commissioner Absent: Fanny Lam, Commissioner 5. PUBLIC COMMENT None. 6. CONSENT CALENDAR - ADOPTION OF MINUTES 6.1 Approval of the Draft Minutes of the Planning Commission Meeting of July 13, 2023. ACTION: Moved/Seconded (Orloff/Epstein) to adopt the Minutes of the Planning Commission Meeting of June 22, 2023. Motion carried by the following (3-1-1) roll call vote: AYES: Orloff, Epstein, Striplen; and; NOES: None; ABSENT: Lam, ABSTAIN: Austin-Dillion 7. AGENDA ITEMS 7.1 DISCUSSION – FLAVORED TOBACCO LAW Associate Planner Elliott Pickett presented a discussion on the Flavored Tobacco Law with a PowerPoint presentation. The review updated the Commission on recent changes in the State law and to understand the impact on Planning and Land Use. The State law changes, SB 793 (2020), which went into effect in December 2022, prohibit the sale of flavored tobacco products. There is no impact on the Zoning Code and it is enforceable under State law. It applies to all tobacco retailers and the City cannot allow a project that includes the sale of flavored tobacco products. 7.2 PUBLIC HEARING – MUNICIPAL CODE AMENDMENT, SPECIFIC PLAN AMENDMENTS – PLMC23-0001 – Consideration of a Resolution 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. Associate Planner, Elliott Pickett provided a PowerPoint presentation on the Municipal Code Amendment and Specific Plan Amendments as noted above. Mr. Pickett stated that the amendments are proposed to reduce greenhouse gas and tailpipe emissions, establish a streamlined review process for hydrogen fueling facilities, and adopt new code provisions with regard to electric vehicle charging stations based on changes in state law. Mr. Pickett briefly touched on the following key discussion points: Under Senate Code Senate Bill 1291 Hydrogen Fueling Stations must be administratively approved within the following cases: • Parcels in Commercial and Industrial zones; • There must be no existing Residential Uses on the parcel; • Review of these is limited to the Building Official determining whether it meets all health and safety requirements; • This also would require that the moratorium for automobile service stations be rescinded. Mr. Pickett continued with a look at hydrogen properties and safety concerns. He noted that hydrogen, in comparison to other types of fuel used, is less toxic than other gases. It is also in some cases harder to detect. Mr. Pickett stated that there are fewer safety concerns, but different safety concerns and that the proposed amendments were sent to Public Safety for review and require consistency with all applicable safety requirements. Commissioner Epstein asked if Public Safety in Rohnert Park has the equipment or the ability to respond to a hydrogen emergency. He commented that it is his understanding that they do not and expressed concern that safety rules and regulations need to be established and put in place. He noted that based on his understanding, Rohnert Park Public Safety does not have a Hazmat response effort so the response in case of an emergency would come from the County. Commissioner Epstein asked if there is an emphasis on emergency planning, given that the response time for hazmat in the County is anywhere from 45 minutes to 1 hour and 15 minutes. Jeff Beiswenger stated he did not have an answer for those specific questions but would follow up with appropriate Public Safety personnel to respond to the Commissioner’s questions and concerns. Commissioner Epstein noted that while gasoline may be more toxic, the size of a hydrogen- related incident would be much bigger. He reiterated the need for some type of pre-emergency and response plan and funding for the right equipment for Public Safety if the City is going to introduce a new emergency/threat into the community without the proper equipment and response effort to handle it in the right way. He praised the Rohnert Park Public Safety Department and noted that most fire departments in the County do not have their own designated hazmat response team, putting them at a disadvantage without the proper tools to respond to those types of emergencies. Commissioner Striplen stated he had a similar question and concerns. Commissioner Striplen commented that before proceeding and referring the amendments to the City Council, he felt strongly that additional information and clarity were needed. Commissioner Orloff agreed with both Commissioner Epstein and Striplen and stated he would like the discussion in this regard to be captured in the minutes. Jeffrey Beiswenger advised the Commission that he would open the discussions with Public Safety and have a representative respond to the Commissioners’s comments and concerns. Commissioner Epstein responded that outreach to county Hazmat would be important as well. Mr. Pickett proceeded with the discussion on the additional amendments as a result of state law changes. Assembly Bill 970 pertains to electric vehicle permitting, setting timelines for EV charging station permit review. The Municipal Code changes required would be within the Zoning Ordinance and within the EV charging station section of the Building Code, which would be expanded under this proposal to also address Hydrogen Fueling permitting. This amendment would also require Specific Plan Amendments for both the Northwest Specific Plan and Wilfred Dowdell Specific Plan and Zoning Code commercial and industrial land use districts for allowing these uses as a permitted use by right. For clarity purposes, Commissioner Epstein asked if, for instance, the 76 Station in town decided they wanted to start supplying hydrogen, can they convert? Mr. Pickett responded that in the commercial or industrial zoning districts, it would be approved as long as there are not any existing residential uses on the parcel, and the Building Official does not make any determination with regard to health and safety risks. Commissioner Orloff provided the following comments/questions on the topic: • How are these going to be approved with the timelines outlined in state law? • Are there no parking issues that could arise in regard to business and the requirements for required parking spaces? • Can Planning approve those without comment from the Planning Commission? Jeffrey Beiswenger responded that there is an administrative approval process and parking counts are considered in that review process. Commissioner Epstein asked if there would be any consideration for a separate ordinance regarding parking in an EV space if you do not own an EV vehicle. It was his understanding that some cities have adopted those within their codes. Mr. Beiswenger responded that the City could take that into consideration. For instance, we do not currently have a restriction on the trending ICEing (internal combustion engine vehicle blocking an EV charging spot), and it does not appear to be an issue here but might be something to think about in the future. Jeffrey Beiswenger also noted out that there are currently no applications for Hydrogen fueling so from that perspective there is no rush on this. However, he clarified that these state laws are already in effect, so if an application came in we would have nothing to condition or review them against and could only rely on and approve applications based on what is in the State Code. Commissioner Striplen asked, in that event, if applications would come before the Planning Commission in the absence of an administrative approval procedure. Jeffrey Beiswenger stated they would have to be approved administratively based on the State Code, and that this meeting was where the Planning Commission has input on putting these permitting regulations in place. Commissioner Orloff questioned where in town would there be a viable property that could house a Hydrogen station. Jeffrey Beiswenger stated Shell was incorporating them into their service station facilities, but they are no longer doing that. Commissioner Epstein commented that he would be interested in a presentation from Public Safety on all aspects of the hydrogen facility topic (training and experience, funding, etc.). Mr. Beiswenger stated that a motion to table the item pending further information and representation from Public Safety can be made at this time. This would allow a greater look into the health and safety concerns of the Commission and an opportunity for the Commission to apply additional provisions if necessary and within state law. Chairperson Austin-Dillion opened the Public Hearing Chairperson Austin-Dillion closed the Public Hearing. ACTION: Moved/seconded (Orloff/Striplen) to table Resolution 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, pending further information. Motion carried by the following (4-0-1) roll call vote: AYES: Austin-Dillion, Orloff, Striplen; Epstein NOES: None; ABSTAIN: None; ABSENT: Lam. 8. ITEMS FROM THE PLANNING COMMISSION Commissioner Orloff thanked Public Safety for assisting a wayward elderly driver who took out a trailer and almost took out a gas meter. He stated it was well handled. Chairperson Austin-Dillion stated that through social media he read that the City of Rohnert Park received an acknowledgment for achieving the State of California housing goals. Gov. Gavin Newsom announced that the City of Rohnert Park has earned the state’s Prohousing Designation making them eligible for funding incentives and additional resources for their work reducing barriers to housing. Jeffrey Beiswenger stated this is something the City applied for. Receiving a Prohousing Designation opens up the city for grants to get additional monies to build more affordable housing. Commissioner Striplen stated that on Sunday, August 6, the U.S. Secretary of Interior, Deb Haaland was at the Graton Resort and Casino for a discussion with survivors of federal Indian boarding schools and their descendants. Haaland has been having similar discussions during a cross-country tour called The Road to Healing. Indian boarding schools were supported and paid for by the Department of Interior until the 1970s. Sunday’s discussion was hosted by the Federated Indians of Graton Rancheria. 9. ITEMS FROM THE DEVELOPMENT SERVICES STAFF Mr. Beiswenger noted that the City is continuing with the General Plan Update process and will be requesting a little bit of funding from the City Council to step back and re-do the General Plan to reflect the Tribal Trust Lands expansion. They added about 72 acres onto the Tribal Trust Lands, which is basically a good portion of the Northwest Pacific Plan and some of Wilfred-Dowdell’s Specific Plan. The City will be adjusting our maps to reflect their territory and analysis in the General Plan. Mr. Beiswenger also mentioned that the City will be letting out an RFQ/RFP (Request for Qualifications/Request For Proposals) for the Downtown area to developers to try and solicit interest and see if any developers want to come in with a package or a proposal. Commissioner Epstein commented that he took a field trip out to that area after the last presentation and is concerned about removing lanes of traffic. He will be looking closely at the traffic study/analysis portion of any project proposal in this regard. Mr. Beiswenger also announced that this would be his last Planning Commission meeting with the City. He has taken a job with the town of Fairfax in Marin but feels the Commission is in good hands with current Planning staff. Commissioner Striplen thanked Jeffrey Beiswenger for his service. Elliott Pickett thanked Jeffrey Beiswenger for his service 10. ADJOURNMENT Chairperson Austin-Dillion adjourned the regular meeting at 6:35 p.m. ________________________________ ___________________________________ Chairperson Recording Secretary – Clotile Blanks Page 1 of 5 CITY OF ROHNERT PARK PLANNING COMMISSION STAFF REPORT Meeting Date: August 24, 2023 Item No: 7.1 Prepared By: Suzie Azevedo, Assistant Planner Agenda Title: Consider a Conditional Use Permit to allow an adult day care use within an existing multi-tenant commercial building Location: 6593 & 6597 Commerce Boulevard (APN 143-051-086) Applicant: Christina Isetta, United Cerebral Palsy of the North Bay RECOMMENDED ACTION: Staff recommends that the Planning Commission approve Resolution 2023-18, Conditional Use Permit to allow an adult day care facility(s) in an existing multi-tenant commercial building located at 6593 & 6597 Commerce Boulevard (Figure 1: Project Location). Day care centers (nonresidential) require a Conditional Use Permit in the C-R, Regional Commercial zoning district. Figure 1: Project Location Project Location Page 2 of 5 BACKGROUND: The subject property is a 2.55-acre parcel that is developed with an approximately 50,000 square foot multi-tenant commercial building. The applicant, United Cerebral Palsy (UCP) of the North Bay, is proposing a day care facility for developmentally disabled adults and a facility for seniors with disabilities ages 50 and older. The UCP facility(s) will occupy two tenant spaces (6593 & 6597 Commerce Boulevard) of the existing five (5) suite commercial building. Surrounding commercial uses include The Flipside Thrift store, Auto Zone, and Planet Fitness Health Center. The adult senior day care program (6597 Commerce Boulevard) will provide a variety of site-based and community-based recreation, adult education, and wellness activities for adults ages 50 and over with developmental disabilities. The program offers a retirement option for senior adults that may have previously worked or participated in UCP programs that no longer meet their needs or activity choices. The Senior Adult Program provides: • An environment with equipment designed for senior adult use and comfort. • Activities that are cognitively stimulating and challenging for senior adults. • Fitness and health through light exercise activities and nutrition education. • Recreation activities that promote individual creativity and social interaction. The adult day care program (6593 Commerce Boulevard) provides pathways to future competitive employment for adults with intellectual and developmental disabilities through real work experience, skill development, job exploration, and community involvement. Participants develop the skills necessary for full participation in work and community life. Anticipated outcomes include: • Development of work experience through participation in paid work. • Development of employment skills including social and communication skills. • Understanding of job opportunities, expectations, and requirements. • Development of healthy habits for workplace wellness. • Demonstration of self-advocacy in a variety of settings. Participating in community-based activities is a primary focus of both programs. On-site and community-based activities provide a well-rounded program for the participants. The programs play a vital role in allowing adults with developmental disabilities the opportunity to “age in place” safely and comfortably with the support of their community. A complete summary of the adult day program operation for both facilities is attached for the Planning Commission’s reference. ANALYSIS: The proposed senior adult day care program (6597 Commerce Boulevard) would occupy a 3321 square foot tenant space within the existing commercial building. The adult day care facility (6593 Commerce Boulevard) is currently housed in a 6125 square foot tenant space to the west and each facility is accessible to the other through a shared hallway. (Figure 2: Floor Plan) Both facilities operate Monday through Friday, 8:00 to 4:00 pm and are designed to serve up to 60-70 individuals combined throughout each day with 20 employees.