CITY OF COTATI

MINUTES for the Regular Meeting of the Planning Commission

 

DATE OF MEETING:            November 20, 2006

TIME OF MEETING:             7:00 p.m.

PLACE OF MEETING:          Cotati City Hall, City Council Chambers

                                    201 West Sierra Avenue, Cotati, CA 94931

 

I.          CALL TO ORDER

 

Chairman Pagnusat called the meeting to order at 7:02 p.m.

 

II.        ROLL CALL

 

Commissioners Present:          Coleman-Senghor, Dutra, Rock, McClelland, Pagnusat

Commissioners Absent:          None

Staff Present:                           Woltering, Lustig, Giudice, Harris, Brisbine

 

III.       APPROVAL OF MINUTES

 

            A.        For the Regular Meeting on November 6, 2006

 

It was moved by Commissioner Dutra to approve the minutes of November 6, 2006, as submitted.  Second by Vice Chairwoman McClelland.

 

Yes:     5          Noes:  0           Absent:  0        Abstain:  0

 

IV.       CHANGES TO THE AGENDA

 

At the request of Chairman Pagnusat, Agenda Item VI.D was heard before Agenda Item VI.C.

 

V.        ORAL AND WRITTEN COMMUNICATIONS

 

There were no oral or written communications.

 

VI.       MATTERS AT HAND

 

A.        Annual meeting to review the progress of Cotati’s ongoing mandatory Sustainable Building Program and to consider revisions to Resolution No. 04-84 to allow use of the new regional Green Building Guidelines and Programs. 

 

Planning Director Woltering provided an introduction.

 

Senior Planner Lustig reviewed the purpose of the meeting, and recommended adoption of Resolution No. PC 06-24 which would amend the existing and mandatory Sustainable Building Program.  By adopting the Resolution, the Planning Commission would provide staff with flexibility to move forward with implementation of the Sustainable Building Program as new versions of the Green Building Guidelines become available.

 

Senior Planner Lustig described how the Sustainable Building Program process evolved over the past two years; the coordinated efforts between staff and the certified Green Points Raters; and how a system of checks and balances for construction plan review was developed.

 

Planning Technician Harris continued the program with a PowerPoint presentation.  Photographs of a recently constructed residential development that achieved the required Green Points was displayed to illustrate that a “green” building looks no different than any other.  She reviewed some of the various ways in which a development can achieve the required 60 points from the Green Points Checklist which include energy, resources, and indoor air quality.

 

Slides were displayed to illustrate how projects are evaluated by the City for compliance with the Sustainable Building Program, beginning at the Planning Application submittal all the way through the actual construction phase.

 

In response to an inquiry from Vice Chairwoman McClelland, Planning Technician Harris said that the current Sustainable Building Program requires that a development show 80 points on the Green Points Checklist initially, with an actual 60 points achieved at the end of construction.  The revised program would probably require 100-110 points initially, with  90 points achieved at the end of construction.

 

Senior Planner Lustig described the new program requirements as follows:

 

“Energy” – 41 points (11 plus 30 points above Title 24)

“Indoor Air Quality” – 10 points

“Resources” – 15 points

“Water Conservation” – 15 points

+ 9 additional points that could come from any category including “Community”.

 

Bill Mattinson, Certified Green Rater, provided an introduction to the Revised Green Building Guidelines and New Remodeling and Multi-Family Guidelines,  

 

In response to an inquiry from Commissioner Dutra, Mr. Mattinson said that the current requirement for 15% over what is required by Title 24 is being converted to 30 points for simplification and equality with other programs.   At this time, he said that the City of Cotati is a leader in “green” building, and that the requirement for 15% over Title 24 may soon be adopted as a regional standard.

 

Commissioner Coleman-Senghor questioned the costs to a community to implement this type of program.  Staff responded that it definitely costs the applicants money, however, there have been many ways identified to reduce costs as the program evolves.

 

Bruce Mast, Development Director for Build it Green, described the Build it Green organization as a non-profit with goals and objectives of having 10,000 “green” homes in California by the end of 2008.  The organization operates a hotline for questions, provides a directory of sources for green materials, provides training programs for Building Inspectors, and conducts Green Home Tours.  

 

Mr. Mast acknowledged the City of Cotati for providing the leadership in adopting the mandatory regulations that has enabled other communities to begin to use the same guidelines.

 

In response to an inquiry from Commissioner Coleman-Senghor, Senior Planner Lustig

said that in Cotati, compliance with the Sustainable Building Program for a residential remodel is currently voluntary.  For commercial developments, any addition over 2,500 square feet is required to comply with the Sustainable Building Program.

 

In response to an inquiry from Commissioner Dutra, Mr. Mast said that LEED certification for single-family homes is in a pilot phase at this time.

 

Senior Planner Lustig reviewed Resolution No. PC 06-24 and provided a highlight of each key component.

 

Chairman Pagnusat opened the PUBLIC HEARING at 8:25 p.m.

 

Bruce Hammond, Redwood Empire Chapter of the U.S. Green Building Council (former member of the Cotati Planning Commission and now serving on the Design Review Committee), acknowledged great progress by staff and the Planning Commission in implementing the Sustainable Building Program.  He said that it is important work and in the right direction globally.

 

The PUBLIC HEARING was closed at 8:27 p.m.

 

In response to an inquiry from Commissioner Coleman-Senghor, Senior Planner Lustig

clarified that there would be nine flexible points under the updated program, reduced from 15 flexible points in the current program.   This reduction will assure a certain amount of points in each category.

 

It was moved by Chairman Pagnusat to adopt Resolution No. PC 06-24 Amending the Sustainable Building Program for the City of Cotati.  Second by Vice Chairwoman McClelland.

 

Yes:     5          Noes:  0           Absent:  0        Abstain:  0

 

Commissioner Dutra thanked Bruce Hammond for all of his efforts towards creating a local understanding of green building issues.   He also expressed appreciation to Bill Mattinson and Bruce Mast for their participation; and to staff for all their work.

 

Commissioner Dutra said that he found it exciting that Cotati is in a leadership position with respect to sustainable building.

 

Senior Planner Lustig left the meeting.

 

Chairman Pagnusat called for a BREAK at 8:30 p.m.

RE-CONVENE at 8:37 p.m.

 

B.        Request for approval of a Use Permit to allow an office use within a 925 square foot tenant space in an existing 14,000 square foot building located at 640 East Cotati Avenue.  The property is zoned CE, Commercial - East Cotati Corridor.  This project is categorically exempt from CEQA. 

 

PA# 26/06                         Applicant:  H&R Block (tax preparation office)

AP# 144-292-023 

 

Planning Technician Harris presented the staff report.  She explained that the business space is anticipated to be vacant other than during tax season, but will remain lit with regular check-ups.

Planning Technician Harris continued to report that there have been no regulations adopted by the City Council related to formula-based businesses and that this proposal conforms to current regulations.

 

The staff recommendation is for approval of the application subject to the suggested conditions of approval.

 

Chairman Pagnusat opened the PUBLIC HEARING at 8:43 p.m.

 

Bill Mulligan, Leasing Agent for Rancho Cotate Shopping Center, was available to address any questions.  There were no questions.

 

Chairman Pagnusat closed the PUBLIC HEARING at 8:44 p.m.

 

In response to an inquiry from Commissioner Coleman-Senghor about the condition related to security alarms, Planning Technician Harris explained that the condition was in response to a referral to the Cotati Police Department.

 

It was moved by Vice Chairwoman McClelland to adopt Resolution No. PC 06-21 approving a Use Permit to allow a professional/administrative office in a 925 square foot suite in an existing commercial building, located at 640 East Cotati Avenue, Suite B, subject to the suggested conditions of approval.  Second by Commissioner Rock.

 

Yes:     5          Noes:  0           Absent:  0        Abstain:  0

 

Conditions of Approval (PA# 26/06 – H & R Block):

 

Planning Department

 

1.               The applicant’s regular business hours shall not extend beyond the allowed business hours defined in the Land Use Code (6 am to 11 pm daily).

 

2.               All signage in association with the proposed use shall be established in conformance with the provisions of Chapter 17.38 of the City’s Land Use Code and in general conformance with the Rancho Cotate Shopping Center program.  Prior to installation of any signage for this use, the applicant shall submit a sign permit application with a detailed elevation of all signage to the Planning Department for review and approval.

 

3.               Other than required as a Condition of Approval, there shall be no exterior changes or modifications made to the existing building in association with the proposed use/operation.  Minor exterior modifications require approval of the Planning and/or Building Departments.  Major exterior modifications would require approval by the Design Review Committee, in accordance with section 17.62.040.B of the Land Use Code.

 

4.               No outdoor storage, display, or sales are permitted.  In the event the applicant would like to utilize outdoor storage, display, or sales, a Use Permit would first need to be approved by the Planning Commission.

 

Police Department

 

5.               Due to the sensitive nature of the documents, the applicant shall install a burglary alarm system and complete an Alarm Permit with the Cotati Police Department prior to occupancy.

 

C.        Request for approval of a Use Permit to allow approximately 3,000 square feet of outdoor storage for an existing business located at 475 Portal Street.  Building materials and 2 large vehicles are currently stored in this area.  The property is zoned IG – General Industrial.  This project is categorically exempt from CEQA. 

 

PA# 27/05                               Applicant:  Stockham Construction            

AP# 144-010-020 

 

Follows Agenda Item VI.D

 

D.        Request for approval of a Use Permit to allow an existing market located at 7981 Old Redwood Highway, Suite J, to sell beer and wine.  The property is zoned CD, Downtown Commercial.  This project is categorically exempt from CEQA. 

 

PA# 27/06       Applicant:  Kee Kim Young/Grace (Grace Supermarket)

AP# 144-200-019)

 

Associate Planner Giudice presented the staff report and recommended approval of the application subject to the suggested conditions of approval, with an amendment to condition no. 4 as follows:

 

4.         AMENDED.  The applicant shall install and maintain a digital quality surveillance system.  This system is to provide image coverage of the front door, cash register, and the merchandise aisles at a minimum.  The system must provide continuous images from each camera location and not be a time lapse system that records each location every few seconds.  The recorder must be secured from employee tampering/access by a lockout system and should be capable of storing 30 days of images.  The Police Department should be consulted in the coverage areas and must approve the system, at their discretion, once installed.  Compliance with this condition shall be to the satisfaction of the Police Department.

 

Commissioner Coleman-Senghor asked about the restrictions to the hours of operation.  Planning Director Woltering said that the specified hours are in response to what was requested by the applicant.  He also explained that the Land Use Code standard hours of operation for a retail business are 6 a.m. to 11 p.m.  Additional hours would require a Use Permit for extended hours of operation.

 

Chairman Pagnusat opened the PUBLIC HEARING at 8:49 p.m.

 

Charles MacNichols, 8464 Linden Ave., identified himself as a brother-in-law to the applicants and represented the application.  He said that the applicants have no intention to keep the business opened past 8:00 p.m., and that they are aware of the requirement for re-application should they want to extend their hours of operation at a later date.

 

It was moved by Commissioner Rock to adopt Resolution No. PC 06-23 approving a Use Permit to allow the sale of alcoholic beverages in connection with an existing grocery store located at 7981 Old Redwood Highway, subject to the suggested conditions of approval as amended.  Second by Vice Chairwoman McClelland.

 

Yes:     5          Noes:  0           Absent:  0        Abstain:  0

 

Conditions of Approval (PA# 27/06 – Grace Supermarket):

 

Planning Department

 

1.         The hours of operation shall be limited to the hours between 6:00 a.m. to 8:00 p.m. daily.

 

2.         This use permit does not allow the sale of alcoholic beverages for on-site consumption.

 

3.         No outdoor storage, display, or sales are permitted.  In the event the applicant would like to utilize outdoor storage, display, or sales, a Use Permit would first need to be approved by the Planning Commission.

 

Police Department

 

4.         AMENDED.  The applicant shall install and maintain a digital quality surveillance system.  This system is to provide image coverage of the front door, cash register, and the merchandise aisles at a minimum.  The system must provide continuous images from each camera location and not be a time lapse system that records each location every few seconds.  The recorder must be secured from employee tampering/access by a lockout system and should be capable of storing 30 days of images.  The Police Department should be consulted in the coverage areas and must approve the system, at their discretion, once installed.  Compliance with this condition shall be to the satisfaction of the Police Department.

 

C.        Request for approval of a Use Permit to allow approximately 3,000 square feet of outdoor storage for an existing business located at 475 Portal Street.  Building materials and 2 large vehicles are currently stored in this area.  The property is zoned IG – General Industrial.  This project is categorically exempt from CEQA. 

 

PA# 27/05                                           Applicant:  Stockham Construction       AP# 144-010-020 

 

Planning Technician Harris presented the staff report.  In an effort to regulate the percentage of office space vs. warehouse space due to the different parking requirements, staff is proposing that the existing office space remain as the maximum allowable.

 

The staff recommendation is for approval of the application subject to the suggested conditions of approval.

 

In response to an inquiry from Commissioner Coleman-Senghor, Planning Technician Harris said that the area proposed for outdoor storage is the only area where there is an opportunity for outdoor storage.  Therefore, no outdoor storage for the other businesses would be possible.

 

Commissioner Dutra was hesitant to approve the outdoor storage for someone that wasn’t either a major lease holder or the property owner.

 

In response, Planning Director Woltering explained that Stockham Construction is the property owner of record and that he is unsure of how the lease agreements are arranged for the other businesses.  He supported having the parking breakdown for the office/warehouse uses included in the conditions of approval, so that the amount of office space will not require any additional parking over what currently exists.

 

Planning Director Woltering further stated that the outdoor storage is actually an existing condition and the subject of a zoning enforcement.  The conditions of approval supplied by Planning Technician Harris would bring the use into compliance and result in a workable solution.

 

Commissioner Rock asked about racks that exceed the allowable height requirements.  Planning Director Woltering said that the applicant will be required to abide by all of the conditions of approval and that staff will continue to work with the applicant to assure compliance with all other Land Use Code requirements.

 

It was the consensus of the Planning Commission to amend condition of approval no. 3 as follows:

 

3.         AMENDED.  Twenty-nine (29) on-site parking spaces shall be maintained free and clear of debris, storage, etc., and available for the use of vehicle parking at all times.  The two easternmost parking spaces within the outdoor storage shall be painted over with black paint and available for storage.  The other four parking spaces within the outdoor storage area shall be available for parking at all times, and access to these spaces shall be maintained.  Due to parking requirements and the industrial nature of this zoning district, no additional office space beyond the existing 5,100 square feet will be permitted in this building. 

 

It was moved by Commissioner Dutra to adopt Resolution No. PC 06-22 modifying a Use Permit to allow a 1,500 square foot outdoor storage area located at 475 Portal Street, subject to the suggested conditions of approval as modified.  Second by Commissioner Rock.

 

Yes:     5          Noes:  0           Absent:  0        Abstain:  0

 

Conditions of Approval (PA# 27/05 – Stockham Construction):

 

1.               The existing landscaping and fencing used for screening shall be maintained to avoid visibility of the storage area in the public right-of-way and adjacent properties.

 

2.               The materials in the storage area, with the exception of vehicles, shall not be stored higher than the fence.

 

3.               AMENDED.  Twenty-nine (29) on-site parking spaces shall be maintained free and clear of debris, storage, etc., and available for the use of vehicle parking at all times.  The two easternmost parking spaces within the outdoor storage shall be painted over with black paint and available for storage.  The other four parking spaces within the outdoor storage area shall be available for parking at all times, and access to these spaces shall be maintained.  Due to parking requirements and the industrial nature of this zoning district, no additional office space beyond the existing 5,100 square feet will be permitted in this building. 

 

4.               Every business in the building shall secure and maintain a valid City of Cotati Business License. 

 

5.               There shall be no exterior changes or modifications made to the existing building in association with the proposed use/operation. 

 

6.               All outdoor storage shall be wholly contained within the designated outdoor storage area.

 

Associate Planner Giudice left the meeting at 9:08 p.m.

 

VII.     REPORTS BY STAFF

 

A.        Select Planning Commission member for the Community Partnership Group Subcommittee.

 

Planning Director Woltering presented a background and an overview of the Community Partnership Group Subcommittee.

 

It was moved by Commissioner Coleman-Senghor to appoint Commissioner Rock to serve on the Subcommittee.  Second by Chairman Pagnusat.

 

Yes:     5          Noes:  0           Absent:  0        Abstain:  0

 

VIII.    REPORTS BY COMMISSION

 

There were no reports from the Commission.

 

IX.       ADJOURNMENT

 

Chairman Pagnusat adjourned the meeting at 9:18 p.m.

 

 

 

Submitted by:

Kathleen Brisbine

Administrative Secretary