DATE OF MEETING:
TIME OF MEETING:
PLACE OF MEETING:
I. CALL
TO ORDER
Chairman Dutra called the meeting to order at
II. ROLL
CALL
Commissioners Present: McClelland, Pagnusat, Rock, Dutra
Staff Present: Woltering,
Lustig, Brisbine
Consultant Present: Paul Crawford
III.
CHANGES TO THE AGENDA
There were no changes to the agenda.
IV.
APPROVAL OF MINUTES
A. For the Regular Meeting on
It was moved by Commissioner Pagnusat to approve
the minutes of
Second by Commissioner Pagnusat.
Yes: 4 Noes: 0 Absent: 0 Abstain: 0
B. For the Special Meeting on
p.
15, Commissioner McClelland corrected her comment concerning p. 4-4.B from 300
vs. 500 feet to 500 vs. 1,000 feet.
It
was moved by Commissioner McClelland to approve the minutes of
Yes: 4 Noes: 0 Absent: 0 Abstain: 0
V. ORAL AND WRITTEN COMMUNICATIONS
Don Moser,
Anthony
Adler,
A. The Planning Commission will consider a
comprehensive update to the entire Land Use Code and Zoning Map, possible
related General Plan Amendments, and possible related Municipal Code
Amendments, in order to make recommendations to the City Council for adoption
(continued from
1. Presentation
on the Adoption of a
Armando Navarro, Assistant Director,
Bruce Hammond, Chair of the Redwood Empire Chapter
of the
Chairman Dutra introduced this agenda item. He said that at the last meeting on October
5, there were many topics brought up during the public hearing. Unfortunately, very few people stayed at the
meeting to hear the Planning Commission’s deliberations and
recommendations. He encouraged those in
attendance to stay for the duration of the meeting in order to see how
different items are addressed.
Senior
Planner Lustig introduced Armando Navarro and Bruce Hammond.
Armando
Navarro Assistant Director,
Bruce
Hammond, Chair of the Redwood Empire Chapter of the U.S. Green Building
Council, expressed appreciation for the opportunity that he had to promote the
benefits of
Chairman
Dutra expressed appreciation to both speakers for their presentations and
thanked them for their continued efforts towards public education.
Planning Director
Woltering introduced the continued review of the Land Use Code update.
Senior
Planner Lustig reviewed in detail the staff responses to the public comment
received on
In
addition to this information, the Planning Commission was provided with a table
that identifies a comparison of uses allowed by the existing C-1, General
Commercial, zoning district and the proposed new C-D, Downtown Commercial,
zoning district. Based on discussion at
the last meeting on
Chairman
Dutra inquired about the elimination of antique car sales from the list of
allowable uses in the CD zone. In
particular, he wanted to know how the change would impact the property located
on
Senior
Planner Lustig noted that that particular property has no permits for the sale
of cars. She also noted that only the
sale of “antique” cars was allowed by Use Permit.
Planning
Director Woltering suggested that if the Planning Commission decides to
eliminate the use from the CD district, there may be a time before adoption of
the new Code where staff could work with the property owner towards legalizing
the use. Such a process would need to
occur in the very immediate future with staff determining the level of design
and improvements that would be acceptable at that location. Consideration would also need to be given to
the property’s proximity to the northern gateway.
Also
in response to an inquiry from Chairman Dutra, Planning Director Woltering said
that limited term Conditional Use Permit’s are not recommended in order to phase
the use out over time, because they are impossible to enforce. He suggested that the matter could be
addressed further by the City Council.
Senior
Planner Lustig proceeded with her review of the correspondence received, and
staff’s comments and recommendations.
Chairman Dutra called
for a break at
The meeting was
reconvened at
Chairman
Dutra invited Planning Commission comment on outstanding issues or
recommendations for changes.
Vice
Chairman Rock suggested that undergrounding of utilities along adjoining street
frontages be required, where feasible, of new construction, whether or not the
lines feed the project. Senior Planner
Lustig
agreed
to present the concept to the City Council.
Vice
Chairman Rock requested that high-volume flyash be included as an alternative
to asphalt for driveways.
Senior
Planner Lustig suggested that the option be included in the Resolution rather
than the Code so that it would be easier to change. She also suggested that perhaps the City
Standards and Specifications could include flyash as alternative to asphalt as
well.
The
Planning Commission’s ultimate decision was to amend §17.36.100(E), p. 3-65, to
include high-volume flyash as an alternative surface for access driveways.
p.
5-31, Table 5-2, Vice Chairman Rock suggested increasing the tree replacement
ratios from 1, 2 & 4 to 2, 4 & 6.
He also suggested that the City provide an approved tree list.
Commissioner
Pagnusat requested additional information on the prohibition for internally
illuminated signs (§17.38.040) and asked how the policy originated. He cited existing cases where externally lit
signs, with their lights aiming up from the ground, have more impact to the
night sky than an internally illuminated sign would have.
Senior
Planner Lustig responded that the policy has been in place since she has been
here, and believes it originated with a desire to adhere to the desired rural
character and craftsman design style.
She suggested that staff could arrange for an expert to give a
presentation on the environmental impacts associated with light leakage in the
near future.
p.
3-81, I-6: Land Use Consultant Crawford
suggested new language to address an inconsistency as follows:
Amended
Language: No lamp that exceeds 15 watts shall be placed
so that the lamp is visible from a public right-of-way or adjacent property.
p.
6, Exhibit A, Resolution No. PC 04-29:
Commissioner McClelland recommended deleted the words “to meet”.
Chairman Dutra opened
the PUBLIC HEARING at
Bob Fleak, Golden State
Manufactured Home Owners League, stated support for the adoption of a
Mobilehome Park Conversion Ordinance and provided copies of three newspaper
articles on the topic. The proposed
ordinance would provide protection to mobilehome park residents if the
mobilehome park was converted to another residential use. He also provided a copy of a Mobilehome Park
Conversion Ordinance and a Mobilehome Park Overlay District adopted by the City
of
Marion Koglin, Hillview Drive/Sierra
Mobilehome Park, reviewed her and her neighbor’s letter dated
Gregory Crisp, property owner, owns
the property located at the intersection of
Mr.
Davenport said that the list of properties to be rezoned shows his AP# but an
incorrect address. The correct
information is AP
Senior
Planner Lustig explained that the proposed rezoning is to bring the property
into consistency with the General Plan.
Environmental impacts, including preservation issues, would be studied
with any future development proposal.
She said that the Planning Commission could consider a General Plan
Amendment instead, but creek setbacks and the Ridgeline Ordinance will limit
density on this property.
John Clifford, Colvin Group, discussed
the proposed Affordable Housing/Inclusionary requirements. He did not agree with staff that many
communities in
Senior
Planner Lustig responded that the changes in the affordable housing regulations
are actually implementing the Housing Element.
Any changes in the Land Use Code would require amendment to the Housing
Element as well.
Neil Hancock,
Patty Minnis,
Roberta Cox (name unclear), read a
letter into the record. The letter is
dated
Dean Barberio,
He
was concerned, however, about the proposed rezoning from R-2 to NM, and asked how
that rezoning would affect his ability to have two units on the lot.
Senior
Planner Lustig clarified that two separate units would require a Conditional
Use Permit.
Chris Inman,
He
encouraged the review and expansion of permitted uses in the CD, Downtown
Commercial, zoning district, because retail uses have a difficult time
surviving.
He
said that his property located at
Victor Gonzalez, Monahan Pacific/South
Sonoma Capital Partners, reviewed his written comments in a letter dated
Mr.
Gonzalez’s written comments outline several sections in the Draft Land Use
Code, specifically related to the CG, Commercial-Gravenstein Corridor, that in
his opinion directly effect the properties owned by Monahan Pacific and don’t
promote the goals of the General Plan.
Concerning
energy efficiency requirements, Mr. Gonzalez suggested that a more effective
way to reduce energy consumption was to have a grant or loan program to
retrofit existing older homes that are not energy efficient.
Chris Inman,
Carl Schollman,
Concerning
his property on
Chairman Dutra closed
the PUBLIC HEARING at
The
Planning Commissioners agreed that the remaining topics to be discussed
included what to do about the Crisp property at West Sierra and West School
Streets; the allowable uses in the Downtown Commercial zoning district; the
proposed Mobilehome Park Overlay Zone; and zoning changes in the La Plaza area.
At
some point in the future, the Planning Commission agreed that they would like
to review the inclusionary housing requirements. For now, however, they chose to stay with the
requirements of the Housing Element.
Corner
of
The
Planning Commission concurred with staff’s recommendations concerning a
possible new Limited Community Commercial zoning for this property.
Planning
Director Woltering said that staff will continue to work out the details of the
proposed new zoning district prior to it being presented to the City
Council. He clarified that the zoning
would apply only to the corner lot. The
adjacent lot would remain Rural and be redesignated in the General Plan.
Mobilehome
Park Overlay Zone
It
was the consensus of the Planning Commission to recommend an amendment to the
Land Use Code to provide for a Mobilehome Park Overlay zone that would be
applied to the three existing mobilehome parks in Cotati. In addition, they supported an open space
requirement of 600 square feet per mobilehome unit. They also agreed that they
would be receptive to a Mobilehome Conversion Ordinance to be presented by
staff in the future.
Planning
Director Woltering agreed to meet with State representatives to work out the
questions about density within the mobilehome parks, and will review the
Mobilehome Conversion Ordinances provided.
Uses
in the CD, Downtown Commercial, zoning district
To
assist in the review of uses, the Planning Commission referred to Attachment 6
of the staff report, a
Comparison
of uses allowed by the existing C-1 zoning district and the Downtown Commercial
(CD) Zone.
The
Commission consensus was to:
Recommend
that groceries and specialty food stores under 10,000 square feet be permitted
in the CD, CE, and CG Districts;
Antique
Stores should be allowed with a Minor Conditional Use Permit in the CD, CE, and
CG Districts;
Furniture
and Appliance stores should require a Conditional Use Permit; and,
The
findings recommended by staff for allowing 2nd floor uses on the
ground floor are acceptable.
Senior
Planner Lustig explained that the proposed rezoning to NL is to bring the
zoning into conformance with the General Plan Land Use Designation of
Low-Medium Density. Any other zoning
would require a General Plan Amendment. Addressing
concerns brought up during the public hearing, she explained that density on
this property would be limited by the Hillside/Ridgeline development
regulations, the Tree Preservation/Protection regulations, and by required
creek setbacks.
The
Commission discussed the possibility of rezoning the property to NL now, and
then reconsider the General Plan designation during the General Plan update
process. Planning Director Woltering recommended
leaving the existing zoning so that a developer’s expectations would not be
raised.
Commissioner
McClelland stated support for changing the General Plan designation to Low
Density and the zoning to RVL (Residential Very Low). The other Commissioners agreed resulting in a
consensus.
* * * *
Senior
Planner Lustig summarized the Planning Commission’s recommended changes and
requests from this meeting as follows:
1. p. 3-21, §17.30.100: Land Use Consultant Crawford recommended, and
the Planning Commission agreed to, the following amendment to the language:
Underground installation by the developer is
required for: all electric,
telecommunications, and utility lines providing service to sites and structures
on
the site, and any of these lines that traverse the site, and for all
junction and distribution boxes, transformers, and similar facilities.
2. p. 3-65, §17.36.100(E): Section amended to include high-volume flyash
as an alternative surface for access driveways.
3. Staff, with City Council direction,
will arrange for a professional presentation on issues related to the
impacts of lighting and lighting options.
4. p. 5-31, Table 5.2: The required tree replacement ratios were
recommended to be increased as follows:
12 to 49 inches 1 2
50 to 79 inches 2 4
80 or more inches 4 6
5. p. 3-81, §17.38.050, Sign Lighting
(I-6): The Commission recommended that
the section be modified as follows:
Existing Language: Reflective-type bulbs and incandescent lamps
that exceed 15 watts shall not be used so as to expose the face of the bulb or
lamp to a public right-of-way or adjacent property.
Amended
Language: No lamp that exceeds 15 watts shall be placed
so that the lamp is visible from a public right-of-way or adjacent property.
6. Resolution No. PC 04-29, Exhibit A
(K): remove the words “to meet”.
7. Planning Commission concurred with
staff’s recommendation for the Crisp property at the corner of West Sierra and
8. Regarding permitted and conditional
uses in the CD, Downtown Commercial, zoning district, Planning Commission
agreed with staff’s recommendations including the following:
·
On Table 2-3, p2-17, Groceries, specialty foods under
10,000 square feet shall be a permitted use in the CD, CE and CG
Districts.
·
Antique Stores are allowed with a Minor Conditional Use
Permit in all three commercial zones.
9. Planning Commission agreed to recommend
to City Council a Mobile Home Park (MHP) overlay zone for the three existing
mobilehome parks in the City. The
Planning Commission was receptive to considering a Mobilehome Park Conversion
Ordinance in the future.
In addition, the Planning Commission recommended
that a 600 square foot per unit open space area be a requirement for mobilehome
parks.
10. Regarding the large property (10+ acres)
on Cypress Avenue near W. Sierra Avenue, (AP# 144-391-011), the Planning
Commission recommended leaving the
existing rural (RVL) zoning and changing the General Plan land use map to Low
Density residential.
11. Planning Commission recommended that the
proposed zoning map be amended, for
AP#’s 144-040-013 and 144-040-017 to be consistent
with the General Plan. These parcels are located behind CG parcels along
12. Planning Commission acknowledged that their action includes approval of
all of the insert pages.
* * * *
It
was moved by Commissioner McClelland to adopt Resolution No. PC 04-28
Recommending the City Council Approve the Initial Study and Negative
Declaration for the 2004 Land Use Code, Zoning Map and General Plan Amendments
Including Land Use Map and Text, as amended.
Second by Commissioner Pagnusat.
Yes: 4 Noes: 0 Absent: 0 Abstain: 0
It
was moved by Commissioner Pagnusat to adopt Resolution No. PC 04-29, as
amended, Recommending the City Council Approve Amendments to the Cotati General
Plan Land Use Map and Text and Recommending Redesignating Certain Parcels to
Recognize Existing Land Uses and Clarify Intent. Second by Chairman Dutra.
Yes: 4 Noes: 0 Absent: 0 Abstain: 0
It
was moved by Vice Chairman Rock to adopt Resolution No. PC 04-30, as amended,
Recommending the City Council Repeal Cotati Municipal Code Title 17, the
Ordinances Codified Therein, Including But Not Limited to Ordinance No. 149,
Ordinance No. 303, and the Zoning Map; Adopt a New Comprehensive Land Use Code
and New Zoning Map; Repeal Chapters 11.12 and 14.30 of the Municipal Code; and
Rezone Certain Properties. Second by
Chairman Dutra.
Yes: 4 Noes: 0 Absent: 0 Abstain: 0
It
was moved by Chairman Dutra to adopt Resolution No. PC 04-36, as amended, Recommending
the City Council Adopt Amendments to the Cotati General Plan Land Use Map to
Recognize Existing Land Uses and Clarify Intent. Second by Commissioner McClelland.
Yes: 4 Noes: 0 Absent: 0 Abstain: 0
It
was moved by Chairman Dutra to adopt Resolution No. PC 04-37, as amended,
Recommending that the City Council Adopt the Sustainable Building Program for
the City of
Yes: 4 Noes: 0 Absent: 0 Abstain: 0
VII. REPORTS
BY STAFF
There were no reports by staff.
There
were no reports from the Commission.
Chairman Dutra adjourned the meeting at
* * * *
Submitted by:
Kathleen Brisbine, Administrative Secretary