DATE
OF MEETING:
TIME
OF MEETING:
PLACE
OF MEETING:
I. CALL TO ORDER
Chairwoman
McClelland called the meeting to order at
II. ROLL CALL
Commissioners
Present:
Staff
Present: Woltering, Gonzalez, Lustig, Nebb,
Bertolero, Brisbine
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 as submitted.
George
Barrich, West Cotati Oaks
After
receiving clarification from City Attorney Nebb on procedure, Chairwoman
McClelland opened the meeting to public comment concerning the minutes of
p.
4: Mr. Barrich requested that his
comments include his recommendation at the November 17 meeting that the meeting
notifications be mailed to an area of 750 feet or 1000 feet, rather than the
standard 500 feet, given the size of this project.
Concerning
his comments regarding concerns about cut-through traffic into the residential
neighborhood, he referred to the left turn from
Vice
Chairman Dutra and Commissioner Pagnusat requested no change to the minutes as
far as their comments are concerned.
It
was moved by Commissioner Pagnusat to approve the minutes of
Yes: 5 Noes: 0 Absent: 0 Abstain: 0
V. ORAL AND WRITTEN COMMUNICATIONS
Joan
Simon,
Ms.
Simon stated that, at that time, she attempted to respond to the discussion and
to provide some clarification. However,
she was asked to sit down.
Procedurally,
Ms. Simon suggested that there is no opportunity for the public to comment
after all public comments are received in order to address new issues, or to
provide qualified input. She suggested
that there should be a challenge period added to the procedure following the
public hearing.
A. Request for approval of an addendum to a
previously certified Environmental Impact Report (EIR) for the
Consideration,
and possible action, by the Planning Commission on the following items:
1. Adoption of a Resolution Approving an
Addendum and CEQA Findings, a Statement of Overriding Considerations, and
Adopting a Mitigation Monitoring and Reporting Program for the South Sonoma
Business Park Revision Project Located at Northwestern Intersection of Highway
116 (Gravenstein Highway) and Redwood Drive (P/A #03/02); APN 046-286-011,
046-286-012, 046-286-013, 046-286-014, 046-286-015, 144-050-006, and
144-050-007.
2. Adoption of a Resolution Recommending
Introduction of an Ordinance by City Council Rezoning 31 Acres Located at the
Northwestern Intersection of Highway 116 (Gravenstein Highway) and Redwood
Drive from Commercial (C-1) and Highway Commercial (CH) to CH:PUD (Highway Commercial:
Planned Unit Development) as to a Portion Thereof and C-1:PUD (Commercial:Planned
Unit Development) for the Remainder of the Subject Property and Approval of
Planned Unit Development (APNs 046-286-011, 046-286-012, 046-286-013,
046-286-014, 046-286-015, 144-050-006, and 144-050-007, PA #21-03) South Sonoma
Business Park Revision.
3. Adoption of a Resolution to Approve, or
a Resolution to Deny, a Tentative Subdivision Map for 44 lots, (Lots 1-41
residential, with 8 condominium units on Lot 39; Lots 42-44 commercial) ranging
in size from 1,540 to 44,963 square feet each, and seven (7) common area
parcels.
4. Adoption of a Resolution to Approve, or
a Resolution to Deny, a Lot Line Adjustment reconfiguring four (4) parcels.
5. Adoption of a Resolution to approve, or
a Resolution to Deny, Preliminary Design Review for the “Village” portion of
the Cotati Commons project, which includes, but is not limited to, 39,750
square feet of commercial space, 48 residential units and a neighborhood park
element.
6. Adoption of a Resolution to Approve, or
a Resolution to Deny, Preliminary Design Review for the “Marketplace” portion
of the Cotati Commons project, which includes approximately 272,380 square feet
of retail space including an approximately 162,700 square foot Lowe’s
7. Adoption of a Resolution to Approve, or
a Resolution to Deny, a Conditional Use Permit to allow certain buildings to
exceed maximum height standards.
8. Adoption of a Resolution to Approve, or
a Resolution to Deny, a Conditional Use Permit to allow residential units in a
Commercial zoning district.
9. Adoption of a Resolution to Grant, or a
Resolution to Deny, a Growth Management Exemption for the 48 residential units.
(PA# 21/03) Applicant: Monahan Pacific/South
Newman Development Group, L.L.C.
AP# 046-286-011, 046-286-012, 046-286-013,
046-286-014, 046-286-015, 144-050-006,
and 144-050-007
Planning
Director Woltering provided an overview of the meeting. Of the entitlements listed on the agenda, the
tentative map will be continued because of revisions, the Lot Line Adjustment
will be reviewed by City Council only, the Preliminary Design Review for the
Village will be continued, and the Conditional Use Permit to allow residential
in a commercial zoning district will be continued.
Nash
Gonzalez, planner, presented the staff report and highlighted changes since the
previous meeting on November 17.
City
Attorney Nebb distributed Exhibit D, Ordinance No. 762, “Findings”; and, revisions
to the Addendum.
Pat
Collins, Parsons, discussed changes to the EIR Addendum resulting from changes
to the project. Overall, the trip
generation estimates have been reduced.
The elimination of drive-throughs, elimination of Shops 2, and the
proposed number of dwelling units reduced from 48 to 42 contributed to the
reduced traffic figures. As a result,
impacts related to air quality have been decreased as well.
Steve
Weinberger, W-Trans, addressed specific questions related to traffic
improvements. He discussed changes to
the northbound 101 off-ramp. Concerning
left turns from
Chairwoman
McClelland opened the PUBLIC HEARING at
Victor
Gonzalez, Monahan Pacific, introduced the team of consultants.
Herman
Chang, EN Engineering, discussed the location and function of bioswales. Bioswales will filter all surface water
before it flows to the stormdrain. Two
locations are provided for retention.
The system is designed for a capacity of .94 inches of rain in an hour.
Ned
Smith, Smith & Smith Landscape Architects, said that the bioswales would be
planted with native, mowable, grasses. Wildflowers
could be added.
Bill
Mattinson, Sol Data,
George
Akel, Newman Development Group, addressed the suggested conditions of approval
(Exhibit B, Resolution No. PC 03-24).
Concerning
signage (conditions 11, 15 & 16), he requested that they be allowed to have
internally illuminated signs on the buildings.
Concerning
condition #19, he requested that they be allowed to work with the Planning
Commission sub-committee on energy issues rather than returning to the Planning
Commission.
Victor
Gonzalez, Monahan Pacific, said that he will provide energy details at final
design review.
In
response to a question about why the City should allow residential uses in a
commercial zone, Mr. Gonzalez said that housing is what makes the commercial
uses viable. He said that he would be
open to more retail space if the market will support it. However, the portion of the site proposed for
residential development has no highway visibility, which is very desirable for
commercial development. He suggested
that the remainder of
Regarding
parking, each component is designed to stand on its own and he would prefer to
keep it that way instead of providing a reciprocal agreement.
Linnel
Hardy,
Suzanne
Whipple,
Joan
Simon,
George
Barrich,
Ann
Wallace-Rock,
Terrell
Watt,
Lisa
Stanley,
Tim
Frank, identified himself as a representative of both the Sierra Club and the
Greenbelt Alliance. He requested
additional time to review the environmental document. Particular concerns identified were the
impacts of “big box” retail to traffic and to the downtown commercial
area. He suggested that the differences
between this project and the previous project need to be evaluated more
closely. Consideration should be given
to a full Environmental Impact Report.
John
Mueller,
The
EIR Addendum, he said, does not evaluate impacts to existing businesses and the
project’s possible contribution to downtown blight. He recommended an economic study be
undertaken. He stated his opinion that a
big box retail store does not conform with the General Plan in that it does not
encourage the stability of existing businesses and does not promote a small
town character.
Paul
Foti,
Nancy
Uber-Kellogg,
Jenny
Blaker,
Neil
Hancock,
Chairwoman
McClelland closed the PUBLIC HEARING at
The
meeting was reconvened at
The
applicants for agenda items B and C were in attendance. Because of the late hour and the amount of
time it would take to finish the current project, the applicants were given an
opportunity to have their items continued to another meeting.
Discussing
the possibility of another meeting, the Planning Commission reached a consensus
to continue the items to
It
was moved by Commissioner Pagnusat to continue agenda items B (Miller
Subdivision, PA# 30/02) and C (Altman Acres, PA# 16/00) to
Yes: 5 Noes: 0 Absent: 0 Abstain: 0
The
Planning Commission resumed their discussion on the Cotati Commons project (PA#
21/03).
In
response to an inquiry from Vice Chairman Dutra, City Attorney Nebb said that
an economic study is not required by CEQA unless the economic impact could lead
to a physical impact. There have been no
such impacts identified for this project.
Commissioner
Hammond requested and received information on the pedestrian connection under
the freeway to connect with downtown.
In
response to Commissioner Rock, Planning Director Woltering said that a
landscaped median is not proposed because the required width could impact
California Tiger Salamander habitat on the south side of
City
Engineer Toni Bertolero clarified that medians (not landscaped) could be
installed in areas without turn lanes.
Commissioner
Rock expressed an interest in having the speed limit reduced from 35 mph to 25
mph.
Steve
Weinberger, W-Trans, responded that the speed of traffic will change once the
improvements are installed. Caltrans
could adjust the speed limit downward according to the changed conditions, but
not necessarily as low as 25 mph.
Commissioner
Hammond asked if hazardous materials issues were addressed with regard to
occupancy, or just for construction.
City Attorney Nebb responded that impacts related to hazardous materials
at the construction phase were not determined to be significant and no
mitigation was provided. The handling of
hazardous materials by businesses (i.e.: paint products, fertilizers, etc.) is
regulated by State and Federal law.
Concerning
Resolution No. 03-23 (Section 1 -
Record), City Attorney Nebb advised that the “Record” needs to include
amendments to the EIR Addendum and the Mitigation Monitoring Program.
It
was moved by Chairwoman McClelland to approve Resolution No. 03-23, with an
amendment to Section 1 to include amendments to the EIR Addendum and the Mitigation
Monitoring Program in the “Record”.
Second by Vice Chairman Dutra.
Yes: 5 Noes: 0 Absent: 0 Abstain: 0
The
Planning Commission commenced review of Exhibit B, Conditions of Approval.
Condition #3.g
Commissioner
Hammond requested that consideration be given to eliminating 17 parking spaces
in front of Lowe’s along the perimeter; and an additional 13 spaces between
Pads A and B, and between B and C. The
adjustment would allow for an 8 foot increase to the size of the bioswales.
A
majority of the Planning Commissioner’s agreed with the recommendation and
requested a response from the project engineer.
Herman
Chang, EN Engineering, responded that the requested increase in the bioswales
is possible along the
There
was a consensus to amend condition 3.g as follows:
Bio-swale areas,
designed by a design professional
with knowledge and experience in the design and operation of bio-swales, shall
be increased in width, as necessary or appropriate a minimum of 8’ from the area behind the Green Oaks restaurant north to
Condition #3.f
Commissioner
Hammond discussed the appropriateness of using primarily native plant materials
along
Ned
Smith, Smith & Smith Landscape Architects, responded that two species of
oaks are proposed on the
There
was no change to the condition.
Condition #11, 15, 16
and 98.
Chairwoman
McClelland had questions related to externally lit vs. internally lit signage.
Staff
advised the Planning Commission that the Mitigation Measures approved with
acceptance of Resolution No. 03-23 (Exhibit A, page 4) identify non-internally
illuminated monument signs as mitigation for visual impacts. In addition, condition no. 98 requires that
monument signs not be internally illuminated.
If the Planning Commission wants to change that requirement, then
Resolution No. 03-23 that approved the Mitigation Monitoring Program will need
to be revisited.
City
Attorney Nebb suggested that staff could review the photometric plan that was a
part of the original Environmental Impact Report to determine appropriate
mitigation measures for anything other than non-internally illuminated monument
signs.
Vice
Chairman Dutra expressed his opinion in favor of internally illuminating the
proposed 20-foot tall monument sign for visibility from Highway 101.
The
signage conditions were discussed again following condition #44.
Condition #17
Page
Winkler, Nadel Architects, requested that condition no. 17 be modified to allow
a 12-foot wide sidewalk in front of the retail anchor. In response to an inquiry from the Planning
Commission, he said that the 12-foot sidewalk would accommodate trees and
suggested Pear trees planted in 3-foot square tree wells.
Commissioner
Hammond suggested specimen trees.
The
Planning Commission consensus was to amend condition #17 as follows:
Condition #19
Planning
Director Woltering said that the condition will allow for future review of
projects related to
Condition #23
It
was the consensus of the Planning Commission to amend condition #23 as follows:
Drive-thru restaurants shall not be allowed within
the overall project,. including at “Retail Pads A and
B”.
Condition #25
32.It was the consensus of the Planning Commission to
amend condition #25 as follows:
The proposed wood shingles within the
Cotati Commons master plan housing component shall be a minimum of Class A -fire
rated, if
possible, subject to the review and approval of the to resist being flammable, to the satisfaction
of the Building Official.
Condition #27
It
was the consensus of the Planning Commission to amend condition #27 as
recommended by staff:
The Applicants shall install
all light standards in accordance with the following:
a.
On the Project site all lighting shall be downcasting
ornamental “acorn” style or (if unavailable) some other decorative downcasting
light standard approved by the Design Review Committee (as part of Final Design
Review). No parking lot public or private street lighting shall
be in excess of 14’ high, however, within
the parking fields lighting shall not exceed 18’ in height.
b.
Lighting on Public Streets shall be the City Standard
“acorn” style lighting.
Condition #28
It
was the consensus of the Planning Commission to amend condition #28 as
recommended by the City Attorney:
Prior to the issuance
of the first building permit for any building on the project site, the
Applicants shall record a reciprocal parking and access agreement between each
of the parcels in the project sufficient to ensure access rights and meet
City parking requirements and to the satisfaction of the City Engineer and City
Attorney.
Conditions 30 through 36
After
considering the alternative conditions provided by staff, the Planning
Commission consensus, with the exception of Commissioner Rock, was to approve
the conditions as follows.
20. Ground floor uses of Office
“Building B” shall be “retail” as provided in Exhibit C. Office uses shall be allowed
on the second floor.
OR
30. Ground floor uses of
Office “Buildings A, B
and C”” may be a mix of “retail” or “office” as provided in Exhibit C.
Office uses shall be allowed on the second floor.
14.31. The Applicant shall design the
residential units with staggered front building lines, providing vertical and
horizontal architectural/structural offsets and shall vary the use of exterior
materials, colors and individual model types.
32. A maximum
of 42 residential units shall be permitted. Said units may be located in the area of
“Phase 2-Cotati Cottages” as shown on the “Cotati Commons Master Plan Sheet
______”. 15.In order to achieve
this, a minimum of 6 units shall be
eliminated (one from each row of housing) as shown on the “Cotati
Commons Master Plan Sheet ______”.
36.34. Prior to issuance of building permits for the residential component of
the “Village”, permits shall be issued, and substantial construction completed,
on a minimum of 200,000 square feet of the approved commercial development
within the overall Project area on the Retail Anchor building and on at
least one of the retail buildings A, B, or C of the Village, to the
satisfaction of the City Council.
36. The Applicant shall submit a
revised site plan and architectural plans for an indoor recreation area a
minimum of 1,000 square feet for Final Design Review approval for any residential units on the Project Site (in
addition to that provided for the already approved Cotati Cottages Project) .
OR
31. Resident1al Units shall
be eliminated from the Project. The
Applicant may apply for substitute land uses for this area in the future.
Condition #34
It
was the consensus of the Planning Commission to amend condition #34 as
recommended by staff.
36.Prior to issuance of building permits for the residential component of
the “Village”, permits shall be issued, and substantial construction completed,
on a minimum of 200,000 square feet of the approved commercial development
within the overall Project area on the Retail Anchor building and on at
least one of the retail buildings A, B, or C of the Village, to the
satisfaction of the City Council.
Condition #36
There
was additional discussion concerning condition #36 and the requirement for a
1,000 square foot indoor recreation area.
Victor
Gonzalez, Monahan Pacific, explained that there is a recreation building being
built as a part of the Cottages
project
currently under construction. That, in addition to the pool and changing room
proposed for the Cotati Commons project, will be shared by both projects. He suggested that they might also be able to
combine the changing room with the adjacent building in order to create a
larger space.
Planning
Director Woltering stated his opinion that the intent of the condition has been
met with the pool, changing room, tot-lot, and recreation building.
City
Attorney Nebb said that reciprocal easements will be required for the shared
facilities.
Condition #44
It
was the consensus of the Planning Commission to amend condition #44 as recommended
by staff:
The
Applicants shall submit improvement plans for review and approval by the City
Engineer prior to issuance of the grading permit. The Applicants shall submit improvement
plans for review and approval by the City Engineer, and Caltrans (for
improvements within State right-of-way) prior to issuance of the first grading
permit or building permit, whichever occurs first. Prior to issuance of any other subsequent
permits, grading or building, the Applicants shall demonstrate, to the satisfaction
of the City Engineer, due diligence and progress in securing Caltrans’ approval
of improvements within State right-of-way. However, even if the improvements for Gravenstein Highway are bonded,
under no condition shall a Certificate of Occupancy be issued for Buildings A,
B, and C, in the Village and Shops 1, Pad A or Pad B in the Marketplace without
substantial completion, as determined by the City Engineer, of the Gravenstein
Highway improvements.
Improvements shall meet City of
a.
Grading and drainage plans. Grading plans shall also be submitted to the
Planning Director for review and approval and shall include demolition plans,
tree removal plan and construction fencing.
b.
Roadway improvement plans, profiles and
cross-sections. Structural sections and
profiles (for drainage reviews) of the interior drives, walkways and parking
lots shall be submitted and subject to review and approval of the City
Engineer.
c.
Water, sewer, storm drain plan and profile
sheets, including points of connections, outfall structures, and
post-construction best management practices for storm water management and
pollution control. Each residential unit
shall be individually metered and have a separate sewer cleanout. Final
location of each meter and cleanout is subject to the review and approval of
the City Engineer.
d.
Street lighting and park lighting plans. Street light plans along public streets shall
include a lighting analysis to determine spacing requirements for the
lights. Type of street light shall be
decorative, minimum height of 14 feet, 125 watts, HPS, otherwise in parking
fields up to 18 feet, and subject to the review of the Planning Director and City
Engineer. Interior street lighting plan
shall be included and is subject to the review of the Planning Director and the
Police Chief.
e.
Signing and striping plans.
f.
Erosion control plans.
g.
Traffic control and construction sequencing
plans.
h.
Curb, gutter, 8-foot parkway strip, and
8-foot sidewalk along the north side of
i.
j.
The
following traffic improvements are part of the project and the Applicants shall
include these improvements in the improvement plans:
i.
Provide a
traffic signal at
ii.
Provide
either on-site or median channelization to prohibit left-turn movements in and
out of the Green Oaks Driveway. To serve
access to northbound
iii.
Install a
westbound left turn lane on
iv.
Install
westbound left turn lanes on
v.
Restripe
the southbound approach on
vi.
Install
two northbound left turn lanes on the northbound U.S. 101 off-ramp.
Condition #11, 15, 16
and 98.
Pat
Collins, Parsons, addressed the mitigation concerning internally illuminated
signs in the previous Environmental Impact Report. Mitigation included downcast lighting on the
building exteriors and externally lit monument signs. The mitigation did not address signs on
buildings. Impacts from light and glare
at the
Commissioner
Rock suggested that the roof lines overhanging the monument signs be extended
to reduce glare.
Planning
Director Woltering said that internal illumination could be allowed by modifying
the mitigation measures in the CEQA Resolution.
Specific locations where internal illumination would be allowed could be
determined at a later date.
Due
to the late hour, it was the consensus of the Planning Commission to continue
this agenda item.
It
was moved by Commissioner Pagnusat to continue this agenda item to
Second
by Commissioner Rock.
Yes: 5 Noes: 0 Absent: 0 Abstain: 0
B. Request for approval of a Mitigated Negative
Declaration, Rezoning from R-2 to R-2:Planned Unit Development, a Tentative
Subdivision Map, and Design Review approval for a proposal to construct six (6)
detached single-family homes with detached garages. Second dwelling units are proposed above all six
(6) of the detached garages. The site is
0.6 acres located at the northeast corner of
PA# 30/02 Applicant: Miller/Leys
AP# 144-301-009
Continued
to
C. Request for interpretation of condition
no. 34 (Resolutions 01-63 and 01-64) regarding front yard setbacks for lots 11
through 14 at Altman Acres Subdivision located at
PA# 16/00 Applicant: Dennis Altman
Continued
to
D. Selection
of a Subcommittee to review energy issues related to the Cotati Commons/Lowe’s
project.
Vice
Chairman Dutra and Commissioner Hammond were selected to serve on the
subcommittee.
VII. REPORTS BY STAFF
There
were no reports by staff.
There
were no reports from the Commission.
Chairwoman
McClelland adjourned the meeting a
Submitted
by:
Kathleen
Brisbine, Administrative Secretary