1.

CALL TO ORDER

Chair Cisco called the meeting to order at 3:58 p.m.

2.

ROLL CALL

Commissioners present:  Commissioners Bañuelos, Byrd, Duggan, Faber, Poulsen, Stanley and Chair Cisco.

3.

APPROVAL OF MINUTES

The Minutes of June 9, 2011 were approved as presented.

4.

PUBLIC APPEARANCES

• Marguerite Li, 1210 Spencer Avenue – opposed to granting amendments to the General Plan on a parcel by parcel basis stating it disregards the long hours and lengthy planning process that occurred when the General Plan was approved two years ago.

5.

DEPARTMENT REPORT

6.

PLANNING COMMISSIONER’S REPORT

7.

STATEMENTS OF ABSTENTION BY COMMISSIONERS

8.

CONSENT AGENDA

9.

CONTINUED ITEM – BICENTENNIAL MARKETPLACE – 3366 MENDOCINO AVENUE – Continued from June 9, 2011, A General Plan Amendment to change approximately 4.2 acres from Office and Very Low Density residential to Retail and Business Services, and Rezoning to reclassify said properties from CO (Office Commercial) and RR-40 (Rural Residential) to CG (General Commercial) in order to accommodate a specialty grocery store and retail shops – File Number MJP10-003

Chair Cisco asked Commissioners Duggan and Faber, who were not present at the last Planning Commission meeting, to disclose what they did to become up-to-date on this item. Both responded that they had viewed the video and spoken with the applicant’s representative and visited the site.  

City Planner, Bill Rose gave the staff report.

Commissioners discussion ensued:

Commissioner Duggan – stated it was confusing as they are not being asked to act upon a project but there is mention several times in the reports of impacts of a conceptual project; feels it is difficult to approve without a project; prefers option 3 due to issues of traffic, conflict with other business, and doesn’t feel sending a project as this with environmental review to Design Review Board would be within their purview.

Commissioner Faber – stated the environmental review will be fleshed out when a project comes forward; feels it would be a good site for some mixed-use; supports as is today.

Chair Cisco stated that there are policies put in place where they (the Design Review Board) have the charge to do the environmental work.

Commissioner Poulsen made a motion and Commissioner Stanley seconded to approve Resolution 11578: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA RECOMMENDING TO CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT FROM OFFICE AND VERY LOW DENSITY RESIDENTIAL TO RETAIL AND BUSINESS SERVICES, AND REZONING FROM CO (OFFICE COMMERCIAL) AND RR-40 (RURAL RESIDENTIAL) TO GENERAL COMMERCIAL (CG) FOR BICENTENNIAL MARKETPLACE LOCATED AT 3340, 3366, 3380 MENDOCINO AVENUE AND ASSORTED PARCELS (APN: 173-050-004/005/006/007/008/009/010/011) – FILE NUMBER MJP10-003

The motion carried with the following vote:

AYES:

(4)

(Cisco, Faber, Poulsen, Stanley)

NOES:

(3)

(Bañuelos, Byrd, Duggan)

ABSTENTIONS

(0)

ABSENT:

(0)

Commissioner Poulsen made a motion and Commissioner Stanley seconded to approve Resolution 11579: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA RECOMMENDING TO CITY COUNCIL REZONING OF BICENTENNIAL MARKETPLACE LOCATED AT 3340, 3366, 3380 MENDOCINO AVENUE AND ASSORTED PARCELS (APN: 173-050-004/005/006/007/008/009/010/011) TO THE CG (GENERAL COMMERCIAL) DISTRICT – FILE NUMBER MJP10-003.

The motion carried with the following vote:

AYES:

(4)

(Cisco, Faber, Poulsen, Stanley)

NOES:

(3)

(Bañuelos, Byrd, Duggan)

ABSTENTIONS

(0)

ABSENT:

(0)

Commissioner Poulsen made a motion and Commissioner Stanley seconded to approve Resolution 11580: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A GENERAL PLAN AMENDMENT FROM OFFICE AND VERY LOW DENSITY RESIDENTIAL TO RETAIL AND BUSINESS SERVICES FOR BICENTENNIAL MARKETPLACE LOCATED AT 3340, 3366, 3380 MENDOCINO AVENUE AND ASSORTED PARCELS (APN: 173-050-004/005/006/007/008/009/010/011); FILE NUMBER MJP10-003

The motion carried with the following vote:

AYES:

(4)

(Cisco, Faber, Poulsen, Stanley)

NOES:

(3)

(Bañuelos, Byrd, Duggan)

ABSTENTIONS

(0)

ABSENT:

(0)

10

PUBLIC HEARING – PUBLIC HEARING – CODIFICATION OF ZONING CODE INTERPRETATIONS – Amend the Zoning Code to incorporate Zoning Code interpretations made by the City’s Zoning Administrator – File Number ST11-009

Planning Intern Sandra Chavez gave the staff report.

There were questions from the commission regarding care facilities in industrial areas and why square footage is being used to determine alcohol sales.

Jessica Jones, responded with regards to the question about care facilities that housing elements were allows in all districts and this change will bring consistency; and, in response to the question of square footage and alcohol sales, stated they were trying to deal with large grocery stores wouldn’t have to go through the whole conditional use permit process versus smaller stores.

Commissioner Byrd asked about the background on rain harvesting with Jessica responding that there have been more requests for rain harvesting tanks. Public Hearing:

No speakers

Commissioners discussion ensued:

All commissioners were in support of the Zoning Code Text Amendments.

Commissioner Byrd made a motion and Commissioner Poulsen seconded to approve Resolution 11581: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING CODE TEXT AMENDMENT TO SECTIONS 20-21.040, 20-22.030, 20-23.030, 20-24.030, 20-26.030, 20-30.080, 20-30.110, 20-32.060, 20-36.050, 20-38.070, 20-38.080, 20-40.030, 20-42.034, 20-42.130, 20-52.030, 20-58.060, 20-70.020 TO INCORPORATE ZONING CODE INTERPRETATIONS MADE BY THE CITY’S ZONING ADMINISTRATOR – FILE NUMBER ST11-009

The motion carried with the following vote:

AYES:

(7)

(Bañuelos, Byrd, Cisco, Duggan, Faber, Poulsen, Stanley)

NOES:

(0)

ABSTENTIONS

(0)

ABSENT:

(0)

11.

PUBLIC HEARING – CONDITIONAL USE PERMIT – MONTECITO MARKETPLACE – 6599 MONTECITO BOULEVARD – extended hours retail and alcohol beverage sales for off-site consumption for a new retail store at a new shopping center – File Number CUP10-082

Ex-Parte Disclosures:

Commissioner Stanley – visited the site.

Commissioner Bañuelos – visited the site.

Commissioner Faber visited the site and had phone conversations with one of the owner’s representatives and the architect.

Commissioner Poulsen visited the site and spoke with the applicant.

Commissioner Duggan – visited the site.

Commissioner Byrd – visited the site.

Chair Cisco visited the site and spoke with the applicant and reviewed the prior conditional use permit from 2004.

City Planner Erin Morris gave the staff report. 

There was lengthy discussion concerning hours of operation, parking lot lighting, and adjacent neighbors being affected by deliveries and garbage dumping and pickup, bicycle parking, windows, and crime statistics.

Erin clarified to the commission that the city has purview over hours of store operation, and whether or not alcohol can be sold; but they don’t have purview over when alcohol can be sold.

Project architect, James McCalligan gave a brief presentation.

Hardeep Gill, applicant representative gave a presentation.

Public Hearing:

• Richard Upbrook, 921 Quieto Calle – opposed because 24hour operation… anything after 12:00
• Susan Silverman, 5065 Rick Drive - opposed due to other stores in the location, schools in the area, and 24-hours operation.
• Kevin O’Malley, 200 Mariah Place – opposed due to 24-hr operation so close to residents; anchor tenant doesn’t address the street and would like some conditions to meet that concern; would like limitations on deliveries and trash dumping and pickup; and stated it is a major thoroughfare for kids.
• Robert Brannagan, 4911 Perezoso Calle – opposed due to 24-hour operation, alcohol sales, and traffic.
• Amberly Vogue, opposed due to the type of crowd that shops at 7-11; feels it cheapens their neighborhood; doesn’t feel it’s necessary as it doesn’t provide a service that is not already available.
• Myles Hoover, 122 Calistoga Road – supports the project.
• Lukhbiz Gill, 305 Wilson Avenue, owner – supports stating they would create more jobs, improve the area, and that the 24-hour operation actually makes it safer as there is an attendant on duty.

Public Hearing closed

Applicant responded to the public hearing stating because it is a 24-hour operation having cameras, attendants, lights in the parking lot all help to ensure crime is limited.

Erin Morris stated that there was a condition in the Design Review Board approval regarding the windows to keep the glazing unobstructed, but that is not a use permit condition, but a design directive. If the commission is concerned with the windows being blocked they should add a condition of approval to keep the windows unobstructed.

Commissioners discussion ensued:

Commissioner Stanley – stated that there were a lot of conditions of approval that are set in place as precautions against potential problems in the parking lot, extended hours, and loitering, stating that cameras and attendants are all a plus; likes the 6-month review by the police; feels the applicants are doing all they can to be good neighbors; likes that they are local to the neighborhood; supports. 

Commissioner Bañuelos – has concern about 24-hour operation; doesn’t feel that there is a public necessity for it; feels it will change the nature and flavor of the neighborhood; feels that schools are too close; traffic is problematic; safety issues are a concern; does not support.

Commissioner Faber – with regards to concerns of kids at 7-11 he stated kids have just as much right to be consumers as well; feels the applicant and the architect has done a superior job; economic vitality will provide jobs; doesn’t have an issue with the 24-hr operation, lights and employees will help in that regard; is concerned with the windows; would like some language regarding delivery, trash dumping and pickup times; supports.

Commissioner Poulsen – agrees with Commissioner Faber; commented that licenses for alcohol in that area were at five which is under what is allowed; likes the outdoor seating on the street; 24-hour operation will help to keep crime limited because of lighting and attendants; supports.

Commissioner Duggan – likes the design of the building at the corner; does not support the 24-hr operation with the parking and trash enclosure next to the residents; stating the parking lot and building should be flipped around. Does not support without limiting hours.

Commissioner Byrd – likes the design of the project; has issues of 24-hour operation and delivery next to residents; doesn’t like 24-hr operation and hopes that something could be negotiated or some sort of conditions; has issues with kids, traffic, noise, high crime area, noise issues with delivery times; supports the project but would wants to see the hours of operation changed.

Chair Cisco – likes the design of the project; is convinced by the applicants argument that the 24-hr presence is better than limiting the hours; likes the point about not obscuring the windows; trashing dumping and pickup times along with delivery times need to be conditioned; supports with adding conditions that windows not be obscured and limiting loading and delivery times.

Erin Morris stated that condition 14 could be modified to state “no delivery to the store, or placement of trash into the trash enclosure shall occur between the hours of 7:00 PM and 8:00 AM; and then adding condition 19 about windows not being obscured.

There was some additional discussion about what would trigger another 6-month review. Commissioner Stanley stated that in the Police Department memorandum No. 20 states extended hours shall be reviewed in 6-months to determine if the hours of operation have caused impacts. Erin Morris stated that it most likely did not make it into the conditions because of resource issues but stated that if problems arise at this site and complaints come in that the Zoning Code allows for the Use Permit to be brought back to the commission for revocation or modification at any time.

Commissioner Poulsen made a motion and Commissioner Faber seconded to approve (with additional language in conditions as discussed) Resolution 11582: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA MAKING FINDINGS AND DETERMINATIONS AND APPROVING A CONDITIONAL USE PERMIT FOR MONTECITO MARKETPLACE LOCATED AT 6599 MONTECITO BOULEVARD – FILE NUMBER CUP10-082

The motion carried with the following vote:

AYES:

(5)

(Byrd, Cisco, Faber, Poulsen, Stanley)

NOES:

(2)

(Bañuelos, Duggan)

ABSTENTIONS

(0)

ABSENT:

(0)

Break

12.

PUBLIC HEARING –  NEGATIVE DECLARATION, REZONING, AND TENTATIVE MAP – RONNE DRIVE ADDITION – 1646, 1680 & 1687 RONNE DRIVE – application to rezone three parcels totaling 2.34 acres from the existing Rural Residential 40 (RR-40), Rural Residential 20 (RR-20), and Commercial Neighborhood (CN) Zoning Districts to the R-1-6 Zoning District and to subdivide one existing parcel into three separate parcels – File Number MJP11-001

Ex-Parte Disclosures:

All commissioners visited the site.

City Planner Noah Housh gave the staff report.

Commissioner Stanley stated that the bike/pedestrian path was added by the Bicycle Pedestrian Board and was not put in place at the time it was approved because the owner of the property was going through foreclosure so they decided to wait to see what would happen. He’d like to make sure that they don’t pass this through and lose the opportunity to get that connection. He also asked about the rural street standard and the 4-ft. AC path and wonders if that could be left as a rural continuation. Noah responded that there would have to be some sort of pathway in front of the property connecting into the truncated domes but it would make sense and would have to ask for direction regarding street trees and stated the swale would have to be maintained to provide drainage. 

Applicant representative, Ken Caveen gave a presentation.

Chair Cisco asked about the old house and possible plans for it.

Public Hearing:

• Marvin Peterson, 1658 Ronne Drive – neighbor next door, also asked that sidewalks not be required; also stated that the dirt that was dumped by a prior owner be reduced to what it was before due to drainage problems; would like owner to share the cost of the fence.
• Barbara Tomun, 1612 Ronne Drive – would like to remove the requirement of the sidewalk; and would like the old house upgraded.

Public Hearing closed

There was additional discussion between the Commission and staff regarding the Fire Departments requirement for EVA, the older existing home, the use of decomposed granite for walkway, and drainage concerns.

Commissioners discussion ensued:

Commissioner Faber – is okay with the rezone; does have some concern with the narrowness of the lot, would like more materials in order to be more comfortable with what they are approving.

Commissioner Poulsen – Is concerned with the subdivision with the existing home being in the state that it is; would like to continue in order for the applicant to address plans for the existing home. 

Commissioner Duggan – is also okay with the rezone, the condition of the existing home is of concern and would also like more comfort regarding that; is okay with the rural road and improvements with the sidewalk. 

Commissioner Byrd – would like to remove the sidewalk; has concern with the Fire Department’s requirement of EVA; doesn’t like the rezoning; would like to postpone.

Commissioner Bañuelos, is comfortable with the rezone but also has concerns of the existing home; could support a continuance; would also like the sidewalk requirement be waived. 

Commissioner Stanley – is okay with the rezone; would like some comfort level regarding the condition of the existing house and would go along with the commission to continue to have the applicant comeback with a plan for it; also agrees with the rural sidewalk standard other than the continuation of the one section that comes off the bike and pedestrian path.

Commissioner Faber also added that it was not without precedence to ask for some “comfort level” regarding the existing house; doesn’t feel it is appropriate to have the start and stop of the sidewalk and commented that there are other mitigations and one of those could be a meandering landscape type walkway; also regarding the EVA, stated that it is not unusual for the Fire Department to have conditions and it is an increased use in the area and it’s not an unfair burden on the applicant.

Commissioner Byrd stated that nevertheless he still wants some explanation regarding the EVA and wants to address the residents’ concerns about the sidewalk and to respect their wishes. 

Chair Cisco, stated that they could move on the rezone and ask the applicants to come back with their plans for the house to a date uncertain with some options from engineering for rural standards and answering Commissioner Byrd’s questions about the other EVA gate. 

There was brief discussion between commissioners and staff on whether or not to continue the entire matter to a date uncertain. 

Commissioner Stanley made a motion and Commissioner Poulsen seconded to continue the entire project to a date uncertain. 

The motion carried with the following vote:

AYES:

(7)

(Bañuelos, Byrd, Cisco, Duggan, Faber, Poulsen, Stanley)

NOES:

(0)

ABSTENTIONS

(0)

ABSENT:

(0)

13.

ADJOURNMENT

Chair Cisco adjourned the meeting at 7:12 p.m. to the regular Planning Commission Meeting to be held at 4:00 p.m. in the City Council Chamber at Santa Rosa City Hall on Thursday, August 11, 2011.

PREPARED BY:

Anette Niewald, Recording Secretary

ATTEST:

APPROVED:

Chuck Regalia, Executive Secretary

Patti Cisco, Chair