2024/07/11 Planning Commission Agenda Packet
City of Rohnert Park Planning Commission NOTICE IS HEREBY GIVEN THAT A REGULAR MEETING will be held on Thursday, July 11, 2024 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
(Epstein_____ Striplen____ Lam____ Orloff____ Austin-Dillion____) 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 Joint Special Meeting of the Bicycle and Pedestrian Advisory Committee and Planning Commission and Planning Commission Regular Meeting of May 23, 2024.
Commissioner Motion/Roll Call Vote:
(Epstein _____ Striplen ____ Lam ____ Orloff _____ Austin-Dillion _____)
7. AGENDA ITEMS
7.1 PUBLIC HEARING – CONDITIONAL USE PERMIT - File No. PLUP24-0002 - Owner/Applicant: Varalakshmi Durai for Mt. Taylor Children’s Center Too - The Planning Commission will consider the adoption of a resolution for an amendment to a Conditional Use Permit to allow an increase in the number of daycare children participating
in the program located at 190 Arlen Drive (APN 143-380-032).
Commissioner Motion/Roll Call Vote: (Epstein _____ Striplen ____ Lam ____ Orloff _____ Austin-Dillion _____)
7.2 PUBLIC HEARING - AMENDMENTS - File No. PLGP24-0002 - The Planning Commission will consider a resolution recommending to the City Council approval of the General Plan Amendment to Reflect the Expansion of the Federated
Indians of Graton Rancheria (Various APNs).
Commissioner Motion/Roll Call Vote: (Epstein _____ Striplen ____ Lam ____ Orloff _____ Austin-Dillion _____)
8. ITEMS FROM THE PLANNING COMMISSION 9. ITEMS FROM THE DEVELOPMENT SERVICES STAFF
DISCUSSION – The City Council has adopted electronic packet distribution to
streamline the process and save time previously spent on printing, assembling, and delivering paper packets. We invite the Planning Commissioners to explore the possibility of implementing a similar electronic packet system for Planning Commission meetings.
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 July 11, 2024, Planning Commission Meeting of the City of Rohnert Park was posted and available for review on July 5, 2024, 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 5th day of July 2024 at Rohnert Park, California.
Clotile Blanks
__________________________
Minutes of the Joint Special Meeting of the Bicycle and Pedestrian Advisory Committee and Planning Commission and Planning Commission Regular Meeting Thursday, May 23, 2024 6:00 P.M. 130 Avram Avenue, Rohnert Park 1. CALL TO ORDER Chairperson Matthew Epstein called the regular meeting to order at 6:00 p.m. 2. PLEDGE OF ALLEGIANCE Led by Chairperson Matthew Epstein. 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: Matthew Epstein, Chairperson Charles Striplen, Vice Chairperson Marc Orloff, Commissioner Tramaine Austin-Dillon, Commissioner
Fanny Lam, Commissioner Absent: None
5. PUBLIC COMMENT Faith Adam kindly asked the Commissioners to take into consideration reducing the height of the Creath Snyder Lane Townhome project from three (3) stories to two (2) stories. She mentioned that setbacks
are important, and parking is limited in that area.
Applicant Cory Creath, General Partner of Snyder Lane Ventures was invited by Chair Epstein to address the Planning Commission, City Staff, and members of the public and answer any question they may have. He provided background on the acquisition of the property and an overview of the Snyder
Lane Commons Project.
6. CONSENT CALENDAR - ADOPTION OF MINUTES
6.1 Approval of the Draft Minutes of the Planning Commission Regular Meeting of April 25, 2024.
ACTION: Moved/Seconded (Orloff/Striplen) to adopt the Minutes of the Planning Commission
Meeting of April 25, 2024. Motion carried by the following (5-0-0) roll call vote: AYES: Epstein, Striplen, Orloff, Lam, Austin-Dillon; NOES: None; ABSENT: None.
7. AGENDA ITEMS 7.1 PUBLIC HEARING – Snyder Lane Commons Project (File Nos. PROJ23-0001, PLGP23-0001, PLSP23-0001, PLDP23-0001, and PLSD23-0002) – Consider a recommendation to the City
Council for the adoption of an Addendum to the University District Specific Plan Environmental
Impact Report, General Plan Amendments, Specific Plan Amendments, Development Area Plan Amendments and a Tentative Map and vacation of public right of way. (CEQA Status: Proposed Addendum to the Environmental Impact Report for the University District Specific Plan Area)
ACTION: Moved/Seconded (Orlof/Lam) that Resolution 2024-05, Addendum to the University District EIR –Snyder Lane Commons Project, was adopted. Motion carried by the following (5-0-0) roll call vote: AYES: Epstein, Striplen, Orloff, Lam, Austin-Dillon, NOES: None; ABSENT: None
ACTION: Moved/Seconded (Orloff/Austin-Dillon) that Resolution 2024-06, Planning Application No. PLGP23-0001, General Plan Amendments for the University District Specific Plan Area located north of Copeland Creek, west of Petaluma Hill Road, and south of Keiser Avenue (various APNs), as set forth in the General Plan Amendments attached to this Resolution as Exhibit A, in its entirety, was adopted.
Motion carried by the following (5-0-0) roll call vote: AYES: Epstein, Striplen, Orloff, Lam, Austin-Dillon, NOES: None; ABSENT: None ACTION: Moved/Seconded (/Austin-Dillon/Orloff) that Resolution 2024-07, No. PLSP23-0001
amending the University District Specific Plan as shown in Exhibit A, in its entirety, was adopted.
Motion carried by the following (5-0-0) roll call vote: AYES: Epstein, Striplen, Orloff, Lam, Austin-Dillon, NOES: None; ABSENT: None ACTION: Moved/Seconded (Striplen/Orloff) Resolution 2024-08, approval of Application No.
PLDP23-0001 for an Appendix to the Bristol Development Area Plan and PLSD23-0002 for the Snyder Lane Commons Tentative Map as provided as Exhibit A, in its entirety and subject to the recommended conditions of approval as provided in Exhibit B and the following changes to Sheets L2 and L3 of the Amended Development Plan were adopted.
Motion carried by the following (5-0-0) roll call vote: AYES: Epstein, Striplen, Orloff, Lam, Austin-Dillon, NOES: None; ABSENT: None
ACTION: Moved/Seconded (/Austin-Dillon/Orloff) that, pursuant to Government Code section 65402, the Planning Commission of the City of Rohnert Park finds that the vacation of Parcel B, as
illustrated on the Bristol Subdivision Map, pursuant to the California Streets and Highways Code, is consistent with the General Plan and was adopted.
Motion carried by the following (5-0-0) roll call vote: AYES: Epstein, Striplen, Orloff, Lam, Austin-Dillon, NOES: None; ABSENT: None
8. ITEMS FROM THE PLANNING COMMISSION Commissioner Orloff brought to the attention of the City Attorney and Planning Staff the recent publication in The Community Voice newspaper of a letter to the editor that contained anti-Semitic and inflammatory language. He also inquired with the City Clerk, Council Members, and
City Manager about the amount of money the city allocates for advertising with The Community
Voice. Commissioner Orloff is concerned about the content of the letter and how it may not align with the best interests of the City and its residents, and he wanted to raise this issue again for discussion by the City Council.
9. ITEMS FROM THE DEVELOPMENT SERVICES STAFF Planning Manager, Mary Grace Pawson stated there would be a Planning Commission meeting scheduled for June 13th to discuss an Amendment to the current General Plan regarding the expansion of the Federated Indians of Graton Rancheria's reservation. It was also mentioned that
the maps needed to be updated. Additionally, there will be an update to the General 2024 Plan.
Commissioners Orloff and Striplen stated that they would not be available for the meeting. If the Commission prefers, it was suggested by Ms. Pawson that the meeting could be moved to June 27th. However, Commissioners Austin-Dillion, Striplen, and Epstein would not be available on that date. Ms. Pawson mentioned that staff will reach out to the Commissioners to determine
availability for late June and early July or a Special Meeting could be arranged sometime in
June. 10. ADJOURNMENT OF PLANNING COMMISSION MEETING AND CALL TO ORDER A JOINT SPECIAL MEETING WITH THE BICYCLE AND PEDESTRIAN ADVISORY
COMMITTEE. A five-minute recess was held to prepare for the Joint Special Meeting with the Bicycle and Pedestrian Advisory Committee.
11. ROLL CALL Bicycle and Pedestrian Advisory Committee (Keith ____ Ogren ____ Gutierrez ____ Hensel ____ Johnson ____)
Planning Commission (Austin-Dillon ____ Epstein ____ Lam ____ Orloff ____ Striplen ____)
12. PUBLIC COMMENT
Eris Weaver from the Sonoma County Bicycle Coalition shared information about some exciting upcoming bicycle events in Rohnert Park. 13. AGENDA ITEMS
13.1 Kelly Bond presented discussion and direction on Milestone #2 Report for the Countywide Active Transportation Plan and Rohnert Park Active Transportation Plan Update, which is not a project under the California Environmental Quality Act (CEQA). She discussed planning progress, vision and goals, local policies, and potential actions to consider in the future.
Eydie Tacata, Management Analyst of the Bicycle addressed concerns regarding the lack of
available bike paths near Sonoma State and the Wolf Den Plaza on East Cotati. 14. ADJOURNMENT
There being no further business, Chairperson Matthew Epstein adjourned the Planning Commission
Meeting and the Joint Special Meeting of the Bicycle and Pedestrian Advisory Committee and Planning Commission Meeting at 8:24 p.m.
______________________________ ___________________________________ Matthew Epstein, Chairperson Recording Secretary – Clotile Blanks
Page 1 of 5
CITY OF ROHNERT PARK
PLANNING COMMISSION STAFF REPORT
Meeting Date: July 11, 2024
Item No: 7.1
Prepared By: Suzie Azevedo, Assistant Planner
Agenda Title: Consider an amendment to a Conditional Use Permit to allow an increase
in the number of day care participants at the Mt. Taylor Children’s Day Care Center
Location: 190 Arlen Drive (143-380-032) Applicant: Varalakshmi Durai/VariqakshLLC
RECOMMENDED ACTION: Staff recommends that the Planning Commission approve Resolution 2024-12, for an amendment to the Mt. Taylor Children’s Day Care Center conditional use permit to allow an increase in the number of day care children participating in the program located at 190 Arlen Drive (APN 143-380-032). The property is zoned R-H, High Density Residential. The request
is consistent with the High Density Residential General Plan designation.
BACKGROUND: The subject property is a 1.36-acre parcel located at the intersection of Santa Alicia Drive and Arlen Drive (Figure 1 – Project Location).
Figure 1: Project Location
The site is developed with a single story religious assembly building that includes several classrooms, a full kitchen, bathrooms, and a large, enclosed outdoor area for play and recreational activity
190 Arlen Drive
Page 2 of 5
(Figure 2 – Floor Plan). The applicant, Varalakshmi Durai/VariqaksLLC, is proposing an amendment to the original conditional use permit, approved in 1991, to operate a private day care center/preschool
for up to a maximum of 64 children at the Faith United Presbyterian Church location. The amendment will
increase the number of children participating in the program from 45 to 64.
Figure 2: Floor Plan
The Mt. Taylor facility operates independently from the church facility and is open Monday through
Friday from 7:30 am to 5:30 pm. The pre-school/day care facility has been licensed by the State of
California Licensing Program for 64 children, providing services to children from two years of age through six years of age. The day care program offers a variety of classroom settings that promote a daily schedule and routine, including circle time, center time, snack time, story time, and outdoor activities. Gymnastics, Spanish, and yoga classes are also provided once a week.
The Mt. Taylor program is staffed with one teacher for every eight children. Care for children with
special needs is also part of the curriculum and the center works closely with the Early Learning Institute and North Bay Regional Center to help support teachers and families with special challenges and developmental disabilities. Mt. Taylor additionally cares for children in foster care, working closely with Child Protective Services. The Mt. Taylor day care center/preschool includes the
following amenities:
• An environment with a large, secure enclosed outdoor area designed for pre-school aged children.
• Activities that are cognitively stimulating and challenging for pre-school aged children.
• Fitness and health through light exercise activities.
• Recreation activities that promote individual creativity and social interaction.
ANALYSIS: The Mt. Taylor program has applied for and received approval from the Child Care Licensing Program for 64 pre-school age children, ages two years old through entry into first grade (see Attachment 1). The application process through the State of California includes calculations, background information, and a pre-licensing visit that are intended to help determine the maximum
Page 3 of 5
capacity of a child care center based on indoor/outdoor space, toilet/sink ratio, offices, isolation areas, food preparation areas and storage places in the facility. The core mission of the Child Care Licensing
Program is to ensure the health and safety of children in care. The Child Care Licensing program also
strives to provide preventative, protective and quality services to children in care by ensuring licensed facilities meet established health and safety standards through monitoring facilities, providing technical assistance, and establishing partnerships with providers, parents, and the child care community.
The City’s zoning code allows this type of use in a high-density residential neighborhood (R-H
Zoning District) with a conditional use permit. Per RPMC 17.25.014 the Planning Commission shall approve or conditionally approve a conditional use permit application if, on the basis of the application, supporting materials, and written and oral testimony submitted at the hearing, the Planning Commission makes each of the following findings.
1. That the proposed location of the conditional use is consistent with the objectives of the
zoning ordinance and the purposes of the district in which the site is located.
The R-H zoning designation supports a broad range of dwelling types and uses that meet the diverse economic and social needs of the residents consistent with sound standards of public health and safety. The existing day care facility provides a convenient and needed
service to families residing or working in this area. The proposed expansion will allow
more families to be served by a proven program.
2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and that the operation
and maintenance of the conditional use will be compatible with the surrounding uses.
The day care center program has gone through extensive background and application processes through the California Department of Social Services/Child Care Licensing to ensure that it meets all health and safety standards for this type of facility. Routine inspections are also conducted by the Rohnert Park Public Safety Department. Planning staff has visited the facility on two
occasions and can confirm that the location is secure (gated and keypad entry only), provides a
large fenced outdoor play area, adequate kitchen facilities, and classrooms that are clean and professionally maintained.
The proposed amendment, to allow service to additional children, will not result in any physical changes to the site that would impact other properties in the vicinity. The proposed amendment
has been reviewed and approved by the Fire Marshall as a safe and appropriate use for the site.
Staff has also reviewed the parking and circulation at the site and confirmed that the expanded use will continue to meet standards. RPMC Section 17.16.030, Off Street Parking Requirements requires 1 space per employee and 1 space per 10 children. The parking calculation is illustrated below.
Number of staff = 1 teacher/8 students = 8 teachers for 64 proposed students
Parking requirements = 8 teacher spaces + 6.4 student drop off spaces = 15 spaces total.
Figure 3 – Site Plan illustrates the existing parking lot and staff has confirmed that the lot has 25 striped spaces, which exceeds the minimum standards. In addition, staff has also observed the drop off and pickup patterns to ensure that adequate parking and circulation are provided.
Page 4 of 5
The church parking lot, along with generous on street parking fronting Arlen Drive and Santa Alicia Drive help ensure that there are no operational issues.
Figure 3: Parking and Circulation
3. The proposed conditional use will comply with each of the applicable provisions of this title (the zoning ordinance).
The program does not propose modifications to the building footprint or exterior façade to
accommodate the intensified use and the applicant has been informed that any signage would
require review by the Planning Division. The proposed hours of operation are consistent with the City’s noise ordinance and the applicant has been notified of the City’s Municipal Code directives related to excessive noise.
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).
PUBLIC NOTIFICATION: A public hearing notice denoting the time, date, and location of this hearing was published in the Community Voice on June 28, 2024, and the notice was posted pursuant to State law.
Planning Manager Approval Date: 07/05/24
Outdoor Play Area
Entrance
Page 5 of 5
Attachments:
1. State of California, Department of Social Services License
2. Resolution 2024-12 – Approving an amendment to the Mt. Taylor Conditional Use Permit to allow an increase in the number of children participating in the program located at 190 Arlen Drive
State of California
Department of Social Services
Facility Number: 493010315
Effective Date: 11/23/2022 Total Capacity: 64
In accordance with applicable provisions of the Health and Safety Code of California, and its rules and regulations: the Department of Social Services hereby issues
this License to
VARIQAKSH LLC
to operate and maintain a
DAY CARE CENTER
Name of Facility
MT. TAYLOR CHILDREN'S CENTER TOO 190 ARLEN DRIVE ROHNERT PARK, CA 94928
This License is not transferable and is granted solely upon the following:
LICENSE APPROVED FOR 64 PRESCHOOL CHILDREN AGES TWO YEARS OLD THROUGH ENTRY INTO FIRST GRADE.
Client Groups Served:
CHILDREN
Complaints regarding services provided in this facility should be directed to:
Kevin Gaines
CCLD Regional Office �88-5026
Deputy Director, Authorized Representative of Licensing Agency
Community Care Licensing Division
LIC203A (03/07) FAS Prlnl Cale 1112812022
POST IN A PROMINENT PLACE CU-TAO18b
ATTACHMENT 1
PLANNING COMMISSION RESOLUTION NO. 2024-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR THE MT. TAYLOR CHILDREN’S DAY CARE CENTER FOR AN INCREASE IN THE NUMBER OF DAYCARE CHILDREN PARTICIPATING IN THE PROGRAM LOCATED AT 190 ARLEN DRIVE (APN 143-380-032) WHEREAS, the applicant, Varalakshmi Durai/VariqakshLCC, filed Planning
Application No. PLUP24-0002 for an amendment to the Conditional Use Permit for the Mt. Taylor children’s day care center to allow an increase in the number of daycare children participating in the program at 190 Arlen Avenue (APN143-051-086), in accordance with the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PLUP24-0002 was processed in the time and
manner prescribed by State and local law;
WHEREAS, on July 11, 2024, the Planning Commission reviewed Planning Application No. PLUP24-0002 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 July 11, 2024, 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. PLUP24-0002.
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. Findings. The Planning Commission, in approving Planning Application No. PLUP24-0002, makes the following findings, as required by Municipal Code section 17.25.014 (finding for conditional use permits):
A. That the proposed location of the conditional use is consistent with the objectives of the
zoning ordinance and the purpose of the district in which the site is located.
Criteria Satisfied. The R-H zoning designation supports a broad range of dwelling types and uses which meet the diverse economic and social needs of the residents consistent with sound standards of public health and safety. The amendment to the existing day care facility proposal is consistent with this direction and will provide a convenient and
needed service to families residing or working in this area that desire a personal
enrichment facility for their family.
B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and that the
operation and maintenance of the conditional use will be compatible with the
surrounding uses.
Criteria Satisfied. The project will not have a negative effect on the public health, safety, day care center program has gone through extensive background and application
processes through the California Department of Social Services/Child Care Licensing to ensure that day care center facility meets established health and safety standards through the monitoring of facilities, providing technical assistance, and establishing partnerships with providers, parents, and the child care community. Routine inspections are also conducted by the Rohnert Park Public Safety Department and the proposed amendment
has been approved by the Fire Marshall.
Onsite parking exceeds the municipal code standards for this type of use, including the additional staff and children proposed through this amendment. Staff observation of drop-off and pickup practices confirms that parking and circulation are adequate.
C. The proposed conditional use will comply with each of the applicable provisions of this
title.
Criteria Satisfied. The day care facility will adhere to any and all conditions of approval. The proposed expansion of the day care center would occupy a space within an existing building. There will be no expansion of floor area or construction of new structures. Staff has determined that the parking supply and circulation patterns are sufficient for the
expanded use and facility. Sufficient staffing is also available to monitor the day care center activity and the applicant has been informed on all signage and noise related standards.
Section 4. Environmental Clearance. The project is categorically exempt from the California Environmental Quality Act, pursuant to Public Resources Code Section 15301 (Class 1 –
Existing Facilities).
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Planning Application No. PLUP24-0002 subject to the following conditions:
Planning
1. Expiration of Approval - Pursuant to the City of Rohnert Park Municipal Code, this
approval shall allow ongoing operation until such time that an amendment is requested or the use has been abandoned for 180 days.
2. Conformance with Municipal Code and Other Agency Plans – All improvements shall comply with all applicable sections of the City of Rohnert Park Municipal Code and any
other applicable relevant plans of affected agencies including the State Department of
Social Services/Community Care licensing.
3. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building and Public Safety Departments for any modifications to the interior.
4. The use shall be operated in a manner that does not create a public or private nuisance
including excessive noises as defined in Chapter 9.44 (Noise) and Chapter 17.12.030
(Noise Standards) of the Rohnert Park Municipal Code. Any such nuisance must be abated immediately upon notice by the City.
5. The site and surrounding area shall be maintained free of litter, refuse, and debris.
6. Any signage requires Planning and Building approval prior to installation.
BE IT FURTHER RESOLVED that said action shall not be deemed final until the appeal period has expired and that the appeal period shall be ten (10) working days from the date of said action. No building permits shall be issued until the appeal period has expired, providing there are no appeals.
DULY AND REGULARLY ADOPTED on this 11th day of July 2024 by the City of Rohnert Park Planning Commission by the following vote:
AYES: _____ NOES: _____ ABSENT: _____ ABSTAIN: _____
AUSTIN-DILLON_____ EPSTEIN _____ LAM _____ORLOFF _____ STRIPLEN ____
_____________________________________________________________ Matthew Epstein, Chairperson, Rohnert Park Planning Commission
Attest: ________________________________ Clotile Blanks, Recording Secretary
Page 1
City of Rohnert Park
Planning Commission Report
Meeting Date: July 11, 2024
Item No: 7.2
Prepared by: Elliott Pickett, Associate Planner
Agenda Title: Consider a General Plan Amendment to Reflect the Expansion of the Federated Indians of Graton Rancheria’s Tribal Reservation (Not a Project under CEQA Guidelines 15378; Exempt Under CEQA Guidelines
15061(b)(3) and 15277)
Location: Northwest Rohnert Park including portions of the Northwest and Wilfred
Dowdell Specific Plan Areas
RECOMMENDED ACTION: Recommend to the City Council the adoption of a General Plan Amendment to modify figures to reflect the expansion of the Federated Indians of Graton Rancheria tribal reservation.
BACKGROUND: The Federated Indians of Graton Rancheria (“FIGR” or “Tribe”) are a federally recognized Native American tribe whose reservation, just West of the City limits, has been held in
trust since October 2010. When land is held in trust, the land title is transferred to the United States, in trust, for the benefit of that Tribe. Trust land is a legal status that grants certain benefits,
protections, and limitations to the Tribe, including land use authority. (See Figure 1.)
Figure 1: Historic Relationship of FIGR Reservation and Northwest Rohnert
Page 2
In May 2023, the US Department of the Interior accepted an additional 73.82 acres into the Tribal trust on behalf of the Tribe, including 20 parcels consisting of approximately 66 acres of land within the City limits of Rohnert Park. As stated in the notice from the Bureau of Indian Affairs, the Tribe anticipates, “using it [the lands] as a buffer against uncontrolled development
surrounding the Tribe's reservation, as well as for the conservation and preservation of threatened
and endangered species, wetlands, other environmental values, and gardening activities that
support tribal citizens and the local community.”
Figure 2 illustrates the relationship between the expanded reservation and the City limits.
Figure 2: Northwest Rohnert Park Since May 2023
Simultaneously, the City has been working on a comprehensive General Plan update. In October,
2023, the City Council approved a contract amendment with Mintier Harnish, the City’s General Plan consultant, for the additional work necessitated by the change in the Tribe’s reservation, including updates to the land use modeling and environmental analysis. Staff anticipates having the environmental analysis ready for public review later this year and an update will be presented
to both the Planning Commission and City Council when the technical analyses are complete. In
order to ensure a clear comparison between existing conditions, the proposed General Plan uses and alternative land uses considered under the California Environmental Quality Act (CEQA), it is important that the City’s current General Plan be updated to include the expanded boundaries of the Tribe’s reservation.
ANALYSIS: Amending the current General Plan to reflect the tribal reservation expansion will
support the General Plan Update process, as it provides clarity that this change did not happen concurrently with the General Plan Update, but is part of existing conditions before the new General Plan is adopted. Because the CEQA analysis must compare proposed changes and
Page 3
alternatives to the existing conditions, it is critical that existing conditions are clearly illustrated
and documented.
The proposed General Plan amendment is limited to updating figures to reflect the current extent of the Tribe’s reservation. The changes to land use authority in these areas occurred at the federal
level; the City had no involvement in the process. Approving this General Plan Amendment will
not change any land uses, policies, or implementation for areas in the City and outside of the reservation. Approving the General Plan Amendment will provide clarity in how General Plan implementation will occur and better show buildout capacity under the current General Plan and reflect current conditions.
ENVIRONMENTAL ANALYSIS: As stated above, the proposed General Plan Amendment does
not change any allowed uses, policies, or implementation; rather, it updates the General Plan to accurately reflect current conditions. Therefore, this General Plan amendment is not a “project” under California Environmental Quality Act (CEQA) Guidelines section 15378 as it does not have the potential for resulting in either a direct physical change in the environment or a reasonably
foreseeable indirect change in the environment.
Furthermore, even if the amendment were a project, it would be exempt under the “common sense exemption” in CEQA Guidelines section 15061(b)(3) as it can be seen with certainty that there is no possibility that the changes to maps and figures would have a significant effect on the environment, for the reasons mentioned above.
Furthermore, CEQA would not apply under CEQA Guidelines section 15277, as the land
affected by this amendment is located within the federal tribal trust, not within the state of California, and this change was subject to environmental impact review pursuant to the National
Environmental Policy Act of 1969 (NEPA).
PUBLIC NOTIFICATION: A public hearing notice denoting the time, date, and location of
this hearing was published in the Community Voice on June 28, 2024, and the notice was posted
pursuant to Government Code 65090.
STAFF RECOMMENDATIONS: Staff recommends that the Planning Commission adopt a resolution recommending the proposed General Plan Amendments to the City Council.
Planning Manager Approval Date: 06/24/2024
Attachments:
1. Resolution 2024-011 Recommending General Plan Amendments
a. Exhibit A: General Plan Amendments
PLANNING COMMISSION RESOLUTION NO. 2024-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDMENTS TO THE GENERAL PLAN TO REFLECT THE RESERVATION EXPANSION OF THE FEDERATED INDIANS OF GRATON RANCHERIA
(VARIOUS APNS)
WHEREAS, the City maintains its General Plan, in accordance with state law, to address issues related to physical development, growth, and conservation of City resources;
WHEREAS, in May 2023, the US Department of the Interior accepted an additional 73.82 acres into trust on behalf of the Federated Indians of Graton Rancheria (“Tribe”), including 66
acres of land within the City limits of Rohnert Park, which is no longer under the land use
authority of the City;
WHEREAS, the proposed amendments would modify the Land Use Figure and all other figures and maps in the General Plan to illustrate the Tribe’s expanded reservation, as shown in
Exhibit A;
WHEREAS, the purpose of the proposed amendments is to display accurate information
within the City’s General Plan, consistent with the requirements of state law;
WHEREAS, pursuant to California Government Code Section 65090 and the RPMC, a public hearing notice was published for a minimum of 10 days prior to the public hearing in the Community Voice;
WHEREAS, on July 11, 2024, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and
WHEREAS, the Planning Commission has reviewed and considered the information
contained in the General Plan Amendment application for 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 General Plan Amendment:
Section 1. Recitals. The above recitations are true and correct.
Section 2. CEQA Review. This General Plan amendment is not a “project” under the
California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment, as the amendment does not enact any changes to allowed uses, policies, or implementation; rather, it updates the General Plan to reflect current conditions accurately.
Furthermore, even if the amendment were a project, it would be exempt under the “common sense
exemption” in CEQA Guidelines section 15061(b)(3) as it can be seen with certainty that there is no possibility that the changes to maps and figures would have a significant effect on the environment, for the aforementioned reasons.
Furthermore, CEQA would not apply under CEQA Guidelines section 15277, as the land affected by this amendment are located within the federal tribal trust, not within the state of
California, and this change was subject to environmental impact review pursuant to the National
Environmental Policy Act of 1969 (NEPA).
Section 3. Findings. Planning Commission makes the following findings concerning the General Plan amendments proposed by Planning Application No. PLGP24-0002:
1. That the proposed General Plan amendments would be consistent with specific
policies in the Land Use Element of the General.
Criteria Satisfied. The proposed General Plan amendments are consistent with specific goals and policies in Chapter 2 (Land Use and Growth Management). Goals and policies of this element address the location and intensity of new development, citywide land use policies, and growth management plans. As the
proposed amendments only pertain to land where the City does not have land use authority, the amendments remain consistent with the existing specific policies. Furthermore, the amendments do not change any allowed uses, policies, or implementation for areas in the City and outside of the reservation; they merely
update the General Plan to reflect current conditions with regards to land use
authority accurately.
2. That a duly noticed public hearing has been held to receive and consider public testimony regarding the proposed amendments to the General Plan Amendment.
Criteria Satisfied. A duly noticed public hearing on the proposed General Plan Amendments was held by the Planning Commission on July 11, 2024 and a public
hearing will be held by the City Council prior to its consideration of the General Plan Amendments.
3. That the General Plan amendment will not cause the General Plan to become internally inconsistent.
Criteria Satisfied. The General Plan addresses issues related to physical
development, growth, and conservation of City resources. Amending the General Plan does not change any allowed uses, policies, or implementation for areas in the City and outside of the reservation; rather, it updates the General Plan to accurately reflect current conditions. Therefore, the proposed amendment will ensure that the General Plan maintains internal consistency by accurately reflecting the land over
which the City has land use authority.
Section 4. The Planning Commission does hereby recommend that the City Council adopt the Findings hereinabove and approve Planning Application No. PLGP24-0002, General Plan Amendments, for northwest Rohnert Park (various APNs), as set forth in the General Plan
Amendments attached to this Resolution as Exhibit A, in its entirety.
DULY AND REGULARLY ADOPTED on this 11th day of July, 2024 by the City of Rohnert Park Planning Commission by the following vote:
AYES: _____NOES:_____ ABSENT:_____ ABSTAIN:_____
AUSTIN-DILLON_____ EPSTEIN_____ ORLOFF_____ STRIPLEN_____ LAM_____ _________________________________________________________________ Chairperson, Rohnert Park Planning Commission
Attest: ________________________________ Clotile Blanks, Recording Secretary
EXHIBIT A Amendments to the General Plan All figures and maps in the General Plan of the City of Rohnert Park, adopted July 25, 2000 (as amended) illustrating the northwest portion of Rohnert Park are to be amended as shown in Figure 1. The revised figures display the following parcels as part of the Federated Indians of Graton Rancheria Tribal Reservation, listed by Assessor’s Parcel Numbers (APNs):
045-052-011* 045-072-001* 045-074-014 045-074-021 045-053-007 045-074-004 045-074-016 045-074-022 045-053-009 045-074-006 045-074-018 045-075-008 045-053-014 045-074-007 045-074-019 045-075-009
045-054-021 045-074-011 045-074-020 045-075-010
045-054-027 045-074-012
*Located within unincorporated Sonoma County; outside of the Rohnert Park City Limits Figure 1. Revisions to Maps and Figures in the General Plan Federated Indians of Graton Rancheria Tribal Reservation Expansion