CITY OF COTATI                                                             APPROVED:  April 19, 2004

MINUTES for the Regular Meeting of the Planning Commission

 

DATE OF MEETING:          Monday, February 2, 2004

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

 

Chairwoman McClelland called the meeting to order 7:00 p.m.

 

II.        ROLL CALL

 

Commissioners Present:          Rock, Hammond, Dutra, McClelland

Commissioners Absent:          Pagnusat

Staff Present:                           Woltering, Lustig, Gonzalez, Hirsch, Brisbine

 

III.       CHANGES TO THE AGENDA

 

There were no changes to the agenda.

 

IV.       APPROVAL OF MINUTES

 

A.        For the Regular Meeting on December 4, 2003

 

p. 11 – Item 8, Energy Efficiency and Resource Conservation

 

Commissioner Hammond said that this section of the minutes did not adequately reflect his recommendations concerning energy efficiency.

 

Chairwoman McClelland responded that his recommendations had been included as a part of the conditions of approval.  This was also verified by the Planning Director.

 

There were no changes to the minutes.

 

It was moved by Commissioner Rock to approve the minutes of December 4, 2003, as submitted.  Second by Commissioner Hammond.

 

Yes:     3          Noes:  0           Absent:  1 (Pagnusat)         Abstain:  1 (Dutra)

 

 

 

 

 

 

B.        For the Regular Meeting on December 15, 2003

 

It was moved by Vice Chairman Dutra to approve the minutes of December 15, 2003, as submitted.  Second by Commissioner Rock.

 

Yes:     4          Noes:  0           Absent:  1 (Pagnusat)              Abstain:  0

 

IV.       ORAL AND WRITTEN COMMUNICATIONS

 

There were no oral or written communications.

 

V.        MATTERS AT HAND

 

            A.        Planning Commission Reorganization

 

A written recommendation, dated January 27, 2004, submitted by Commissioner Pagnusat, was included in the packet.  Commissioner Pagnusat recommended the appointment of Dan Dutra as Chairman, and John Rock as Vice Chairman.

 

Chairman:

 

Chairwoman McClelland nominated Dan Dutra for Chairman.  Second by Commissioner Hammond.

 

There were no comments from the Planning Commission.

 

Chairwoman McClelland invited public comment.  There was none.

 

There were no additional nominations.

 

Vote:

 

Yes:     4          Noes:  0           Absent:  1 (Pagnusat)  Abstain:  0

 

Vice Chairman:

 

Commissioner Hammond nominated John Rock for Vice Chairman.  Second by Chairman Dutra.

 

There were no comments from the Planning Commission.

 

Chairman Dutra invited public comment.  There was none.

 

 

 

 

There were no additional nominations.

 

Vote:

 

Yes:     4          Noes:  0           Absent:  1 (Pagnusat)  Abstain:  0

 

B.        Request for Preliminary Design Review for the Proposed Cotati Depot.  The Cotati Intermodal Facility (Cotati Depot) consists of a small 1400 square foot building with a plaza situated along East Cotati Avenue, and a 98 space parking lot.  The project site is located within the Santero Way Specific Plan Area.  The project is exempt from further environmental review under the California Environmental Quality Act [Statutory Exemption - 21080(b)(10), Categorical Exemption – Article 12, §15183].

 

                        Applicant:  City of Cotati

 

Senior Planner Lustig presented the staff report and reviewed the suggested conditions of approval.  She pointed out that there was no condition included relating to energy efficiency or the building being constructed with the utilization of green building guidelines.  She requested that the Planning Commission provide input on an appropriate condition.

 

Bryan Albee, Sonoma County Transit, discussed the project and explained that Sonoma County Transit has been working with the City of Cotati on this joint project for approximately seven years.  He also provided information on the Federal funding process and the involvement of SMART (Sonoma/Marin Area Rail Transit).  The proposed new facility, he said, will provide for local and regional bus service now and for light rail transit in the future.  In the interim, before rail transit becomes a reality, he said that the Chamber of Commerce or similar municipal-related use may occupy the new building and provide bus schedules and related information to the public.

 

Because the actual train platform is intended to be constructed when SMART provides rail service, this plan had to be reviewed and approved by SMART.  Mr. Albee said that they hope to put this first phase of the project out to bid in April or May with construction anticipated in the summer.

 

Don MacNair, the Landscape Architect, provided an overview of the site plan and the landscape plan and discussed the various features.  Although Date Palms are shown on the landscape plan along the railroad tracks, they are not a part of this phase.  They have been used as a signature tree throughout the County to identify the rail stations.

 

Senior Planner Lustig continued the staff report and discussed the Design Review Committee’s comments.   Overall, the Committee was pleased with the plan and recommended Preliminary Design Review approval.  A number of the Committee members found the use of palm trees to be acceptable; however, there was not a clear consensus on this matter.  She said that staff had initially had reservations about the palm trees, but that staff recognizes that the trees are being used as a signature tree at other rail facilities in County.  Also, they are a variety of tree that won’t obstruct train access, because they lack a broad canopy.

 

Commissioner Hammond expressed his opinion that the planter strips within the plaza area take away from the plaza being used as a gathering area.  The design, as proposed, limits the use of the plaza as a gathering area.

 

Senior Planner Lustig responded that the building and the overhang will provide adequate space for people to gather.  The plan limits hard surfaces in order to provide permeability and to discourage undesirable uses such as skateboarding.

 

Vice Chairman Rock complained about the readability of the architectural drawings and said that the scale is too small and did not contain enough detail.

 

In response to an inquiry from Vice Chairman Rock, the Landscape Architect discussed the trees in the parking lot.  He was confident that the tree canopies will grow to provide adequate shading, but was willing to increase the number of trees in the parking lot, in any case. 

 

Vice Chairman Rock informed the Landscape Architect that the Zoning Ordinance requires 50% shading of parking lots in ten years.

 

Chairman Dutra requested and received clarification on the phasing of the project and the funding.  He expressed his opinion that the Chamber of Commerce should be located in the downtown.

 

Dennis Dorch, Assistant City Manager, responded to Chairman Dutra’s inquiry about the funding and a concern about the amount of money being spent.  Assistant City Manager Dorch said that in addition to the building and parking lot, there will be street improvements, a new traffic signal, and utility improvements as a part of the project. 

 

Senior Planner Lustig responded to an inquiry from Chairman Dutra concerning the site labeled as a future Redevelopment Agency building site and required additional parking.  Senior Planner Lustig said that the future new building would be required to provide its own parking and she was confident that it could be worked out when the site is developed.  For the time being, staff will consult with the Design Review Committee about how the lot could be visually improved until it is developed.

 

The PUBLIC HEARING was opened at 7:48 p.m.

 

Paul Foti, Old Redwood Highway, questioned the appropriateness of palm trees.  He estimated that each tree would cost seven or eight thousand dollars.  Also, the conditions might be too wet for palm trees.  He also suggested that the boulders being discussed might prove to be a liability because of children playing on them.

 

The PUBLIC HEARING was closed.

 

Commissioner McClelland agreed that there should be a condition added concerning green building methods being applied to this project.  She was undecided about the use of palm trees, but that decision can be deferred since they are not a part of this first phase.

 

Vice Chairman Rock commented that overall, the project is very nice.  He requested and received information from the Landscape Architect about the grade change between the platform and the parking lot.

 

Chairman Dutra expressed the opinion that the new bus shelters should be the same design as the ones downtown.  Concerning energy efficiency, he suggested that the building should be LEED certified.

 

Commissioner Hammond commented that the building materials should be reconsidered and that durability be a factor in the final product.  He suggested some alternatives including a cement fiber material.  Regarding energy efficiency, he said that he had not considered LEED certification because of the smaller size of the building.  However, utilizing the Green Points Checklist might be suitable for this project.  He said that achieving 50 points from the Green Points Checklist might be a suitable alternative to LEED certification for the depot building.  He expressed a willingness to work with the architect on this aspect of the project.  He also said that the Low Impact Development website includes a significant amount of information. 

 

Planning Director Woltering suggested that staff could meet with the project architect and Commissioner Hammond to explore potential modifications to the building.  The City Council could then be provided with specific information on what measures can be taken by utilizing the Green Points Checklist vs. LEED certification.

 

The Planning Commission proceeded to discuss the following topics:

 

Bus Shelters

 

Vice Chairman Rock found the proposed bus shelters to be acceptable.  He recommended, however, that the color of the plastic be carefully selected because of problems that occurred on other bus shelters.

 

Commissioner Hammond said that the shelters will be an asset to the community.  He agreed with a comment from staff that the returns may need to be expanded to provide better weather protection.

 

Chairman Dutra had stated his opinion earlier that the new bus shelters should match the ones downtown.

 

 

 

 

Boulders

 

Vice Chairman Rock was concerned about safety.

 

Chairman Dutra said that the boulders would probably be alright if they were spaced to avoid children jumping from one to the other.

 

Generally, the Planning Commission was OK with the boulders, but recommended that specific details for spacing be provided for Final Design Review to address safety concerns.

 

Plaza

 

Vice Chairman Rock agreed with Commissioner Hammond’s suggestion that the plaza area could be expanded to allow for gatherings.

 

Commissioner Hammond stated his suggestion that the area outside of the terminal building could be expanded with a curved line and that the expansion area could have permeable pavers.  That way, there would still be permeability and there would be another surface to walk or stand on.

 

Chairman Dutra and Vice Chairman Rock both agreed with Commissioner Hammond’s suggestion. 

 

Motion:

It was moved by Commissioner McClelland to adopt Resolution No. 04-03 recommending the City Council approve Design Review and Statutory and Categorical CEQA exemptions for the Cotati Depot Master Plan located on a 2.14-acre site located at the corner of East Cotati Avenue and Santero Way subject to the following conditions of approval as amended.  Second by Vice Chairman Rock.

 

Yes:     4          Noes:  0           Absent:  1 (Pagnusat)        Abstain:  0

 

Conditions of Approval (PA# 01/04):

 

1.        Park and street furniture, bus shelter, signage, bike racks, lighting, building and paving     materials, landscape plan and irrigation detail and rock wall details shall be submitted for Final Design Review.

 

2.         A preliminary grading and drainage plan shall be submitted for Final Design             Review.

 

3.         A materials and color board and elevations shall be submitted for Final Design Review.

 

4.         The lighting plan shall be reviewed and approved by the Planning Director.

 

ADDED:  5.  Concerning energy efficiency, the City Council shall be provided with a list of alternatives for the new depot building utilizing the Green Points Checklist vs. LEED certification.  In addition, the Council shall be provided with certification that the trees in the parking lot will provide the required 50% shading in ten years.

 

ADDED:  6.  The area in front of the depot building shall be expanded with a curved line and treated with permeable pavers to provide an increased standing/walking area.

 

ADDED:  7.  Details for the boulders and their placement shall be submitted for final design review.

 

ADDED:  8.  The final plans for the bus shelters shall include an expansion to the return, and color and material specifications.

 

 

C.        Request for approval of a Conditional Use Permit and a Categorical Exemption to allow an auto brokerage business at 6819 Redwood Drive.  The Conditional Use Permit would allow the operation of an office with automobile storage space.  The project is exempt from further environmental review under the California Environmental Quality Act §15301.

 

PA# 03/04                   Applicant:  Frank Perkins/Coastline Auto Brokerage

AP# 144-010-011

 

Planner Nash Gonzalez presented the staff report, responded to questions from the Planning Commission, and recommended approval of the Conditional Use Permit subject to the recommended conditions and the Findings of Fact.

 

The PUBLIC HEARING was opened at 8:31 p.m.

 

Frank Perkins, 1804 Gilrix Street, represented the application.  In response to inquiries from the Planning Commission, he described how the business operates.  He agreed with the suggested conditions of approval.

 

The PUBLIC HEARING was closed at 8:35 p.m.

 

Motion:

It was moved by Vice Chairman Rock to approve Resolution No. PC 04-02 approving a Conditional Use Permit to allow a wholesale/retail automotive (Auto Brokerage) operation to be located at 6819 Redwood Drive, subject to the following conditions of approval.  Second by Commissioner McClelland.

 

Yes:     4          Noes:  0          Absent:  1 (Pagnusat)       Abstain:  0

 

 

 

Conditions of Approval (PA# 03/04):

 

1.         No more than one door mounted sign placed upon the glass door of the building space in question, including identification numbers.  Said sign shall be established in conformance with the provisions of Chapter 17.38 of the City’s Zoning Ordinance.  

 

2.         Two parking spaces located immediately on the south side of the building shall be marked for “customer parking only for Coastline Auto Brokerage”.

 

3.         There shall be no outdoor storage of vehicles offered for sale in association with the proposed operation/business.  All vehicles offered for sale shall be stored within the building. 

 

 

 

D.        Request for approval of a Conditional Use Permit and Design Review to allow the construction of a 4,600 square foot light industrial building on a .67 acre site located at 321 Blodgett Street.  The Conditional Use Permit would allow the operation of an office/warehouse for a Geophysical Consulting company.  This project is exempt from further environmental review under the California Environmental Quality Act because of a previously approved Negative Declaration.

 

PA#  23/03                              Applicant:  Blom/Matulich [Norcal Geophysical]

AP# 046-111-042

 

Senior Planner Lustig presented the staff report, reviewed the recommendations from the Design Review Committee, responded to questions from the Commission, and recommended approval of the application subject to the suggested conditions of approval.

 

The PUBLIC HEARING was opened at 8:40 p.m.

 

Marc Matulich, the project architect, represented the application.  He was agreeable to the conditions of approval, with the exception of condition #27.b that requires sidewalk along both Blodgett Street and the private access road.  His issue was with the sidewalk along the private access road.

 

Senior Planner Lustig said that the City Engineer’s conditions are what were required of the previously approved project on this site.  She supported the requirement.  She said that three businesses will be located in the immediate vicinity and there should be pedestrian access.

 

The PUBLIC HEARING was closed at 8:43 p.m.

 

Commissioner Hammond said that planting instead of sidewalk would be acceptable to him along the private access road.  Because of drainage from the roof and the parking lot draining to the creek, he would prefer that there be a drainage swale for infiltration purposes.  He also suggested that the parking lot could be paved with a pervious material with interceptors.

 

Planning Director Woltering said that staff is currently working with the City Engineer to update the City Standards and Specifications where Commissioner Hammond’s suggestions can be considered and addressed community-wide.  However, this project was intended to provide sidewalk along both Blodgett Street and the private access road.  Specific requirements for drainage will be applied at the plan check stage and will be dependent upon the actual drainage plan, location of inlets, etc.  These issues are not necessarily considered at this level of review, particularly for a project of this size.

 

During further discussion, the Planning Commission consensus was to amend condition #27.b so that sidewalk would only be required along Blodgett Street, with a rounding at the corner to avoid an abrupt end.  Curb and gutter only would be required along the private access road, with landscaping installed to provide filtration. 

 

Motion:

It was moved by Vice Chairman Rock to approve a Conditional Use Permit and Design Review to allow construction of a 7,716 square foot industrial building, to be utilized as an office/warehouse, on a .63 lot located at 321 Blodgett Street, subject to the following conditions as amended.  Second by Commissioner Hammond.

 

Yes:     4          Noes:  0           Absent:  1 (Pagnusat)              Abstain:  0

 

Conditions of Approval (PA# 23/03):

 

DESIGN REVIEW COMMITTEE

 

1.         The color of the metal siding and roof shall be a non-glare shade.

2.         Site details shall be provided including such items as fencing,

            lighting, benches and bike racks, for Final Design Review.

3.         Exterior lighting plans shall be submitted, including illumination

that highlights entry points and parking lot areas, for Final Design Review. No light spillover or glare onto adjacent properties is permitted.

4.         Irrigation plans shall be provided. These plans shall be drought

            tolerant utilizing a drip irrigation system instead of overhead spray.

5.         A minimum of 50% Native plants shall be incorporated in the plan.

6.         A color rendering and materials samples shall be provided at Final

            Design Review.

7.         Applicant shall provide nineteen parking spaces.

8.         The transition of details and materials between the office and the warehouse spaces needs further consideration.  This could be accomplished by extending the stucco and roofline.  There shall also be further consideration given to improved integration on the west elevation as well, perhaps a hip treatment to bring the elements together.  The applicant shall address these issues at Final Design Review.

9.         The waste enclosure shall be constructed of split-face block, and sized to accommodate recycling.  

10.       Signs shall be submitted for Final Design Review approval.

11.      Parking space number 19 shall be added on the north side of the building and shall be handicap accessible to serve the lease area.

12.       Additional detail shall be included on both the base and tops of the front columns and provided at Final Design Review.

 

FIRE DEPARTMENT

 

13.       The project proponent shall pay all pertinent plan check and inspection fees.

14.       The project shall be subject to standard conditions for an automatic sprinkler system.

15.       The building shall be fully sprinklered with water flow monitoring in accordance with the requirements of the Rancho Adobe Fire Protection District.

16.       The applicant shall install a complete fire alarm system in accordance with NFPA 72.

 

17.    All exit signs and emergency lighting shall be in accordance with the 1998     California Building Code.

18.       All driveway curbing is to be painted "Red" and labeled in "White" lettering a minimum of 4" tall, NO PARKING-FIRE LANE.

19.       A fire department lock box shall be required for this building.

20.       Any tenant improvements that interfere with the fire sprinkler system shall be corrected before this Department allows occupancy.

21.       All addresses on the property shall be properly displayed (twelve-inch numbers minimum) and shall be visible from the roadside in both directions of travel.  Each suite shall have either a number or letter on both the main entrance door and any rear doors.

22.       Portable fire extinguishers shall be installed in accordance with the Uniform Fire Code Standards and this Department's requirements.

23.       All permits required by this Department shall be applied for and paid for before any work is started.  Fire sprinkler system, fire alarm system, fire hydrant(s) and underground fire water mains all require permits from this department.

24.       A city of Cotati Business License is required for all businesses within the City.

 

SONOMA COUNTY WATER AGENCY

 

25.       The project shall be in compliance with the Agency's Flood Control Design Criteria.

 

CITY ENGINEER

 

Prior to Issuance of Grading Permit

 

26.       Submit preliminary soils report.

AMENDED  27.  Submit improvement plans for the review and approval of City Engineer.  Said plans shall include:

 

a.               Grading and drainage plans.  Grading shall also be submitted to the Planning Director for review and approval.

b.               Improvements along Blodgett Street and private access road shall include sidewalk and repair of any damaged curb, gutter and sidewalk.  Existing tie-in locations shall be shown.  New water and sewer service sub-outs shall meet current City Standards.  Improvements along the private access road shall include curb and gutter only (no sidewalk), with landscaping to provide filtration.

28.       All utilities shall be underground.

29.       Applicant shall provide site drainage for the parcel even if minimal grading occurs.  No lot-to-lot drainage is permitted.

30.       Applicant shall submit grading and drainage plans to the Sonoma County Water Agency for review and approval.

31.       Applicant shall submit improvement plans to the Fire District and Police Department for review and approval.

 

32.       Submit erosion control plans prepared by certified personnel to the City Engineer for review and approval. Prior to Issuance of Encroachment Permit

33.       Pay applicable permit and plan check fees and submit insurance certificates other related documentation.

34.       Submit a traffic control plan for the review and approval of City Engineer.

Prior to Issuance of Building Permit

 

35.       Applicant shall have a valid grading permit and encroachment permit.

 

CITY ATTORNEY

 

36.       The Project Sponsor shall defend, indemnify and hold harmless the City and its agents, officers, attorneys or employees from any claim, action, or proceeding brought against the City or its agents, officers, attorneys or employees to attack, set aside, void, or annul the Planning Commission’s and/or City Council’s decision to approve this conditional use permit pertinent to this project.  This indemnification shall include damages or fees awarded against the City, if any, cost of suit, attorney’s fees, and other costs and expenses incurred in connection with such action whether incurred by the Project Sponsor, including its partners, the City, and/or the parties initiating or bringing such action.

37.       The Project Sponsor shall defend, indemnify and hold harmless the City, its agents, officers, employees and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, preparing, redrafting, revisiting, or amending any document, if made necessary by said legal action and if the Project Sponsor desires to pursue securing such approvals, after initiation of such litigation, which are conditions on the approval of such documents, in a form and under conditions approved by the City Attorney.

38.       In the event that a claim, action or proceeding described in #34 and #35,     above, is brought, the City shall promptly notify the Project Sponsor, of the existence of the claim, action or proceeding, and the City will cooperate fully in the defense of such claim, action or proceeding.  Nothing herein shall prohibit the City from participating in the defense of any claim, action or proceeding.  In the event that the Project Sponsor is required to defend the City in connection with any said claim, action or proceeding, the City shall retain the right to 1) approve the counsel to so defend the City, 2) approve all significant decisions concerning the manner in which the defense is conducted, and 3) approve any and all settlements, which approval shall not be unreasonably withheld.  The City shall also have the right not to participate in said defense of said claim, action or proceeding.  If the City chooses to have counsel of its own to defend any claim, action or proceeding where the Project Sponsor has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the City.  Notwithstanding the immediate proceeding sentence, if the City Attorney’s office participates in the defense, all City Attorney fees and costs shall be reimbursed by the Project Sponsor.

 

39.       The Project Sponsor shall indemnify the City for all the city’s costs, fees, and damages, which the City incurs in enforcing the above indemnification provisions.

40.       Unless a shorter period applies, the time within which judicial review of this Resolution must be sought is governed by California Code of Civil Procedure Section 1094.6.

 

MITIGATION MEASURES

 

41.

a.                The applicant shall sprinkle all construction areas with water (recycled when possible) at least twice a day, during excavation and other ground-preparing operations, to reduce fugitive dust emissions. Wetting could reduce particulate (dust) emissions by up to 50 percent.

b.               The applicant shall cover stockpiles of sand, soil, and similar materials, or surround them with windbreaks.

c.                The applicant shall cover trucks hauling dirt and debris to reduce spillage onto paved surfaces.

d.               The applicant shall sweep up dirt and debris spilled onto paved surfaces immediately to reduce re-suspension of particulate matter through vehicle movement over those surfaces.

42.       In the event that any cultural resources are uncovered during earthmoving activities, the applicant shall suspend all construction excavation activities for a period to be determined by a City-approved archaeologist to allow for adequate inspection, recommendation, and retrieval, if appropriate.

43.       The applicant shall insure that all outdoor lights on site are directed downward and shall not cast light or glare onto surrounding properties.  The Planning Director shall verify that this condition has been satisfied prior to issuance of a building permit.

44.       The applicant will comply with building recommendations of the Geotechnical Investigation (5/5/00) as prepared by PJC & Associates to ensure proper building and safety requirements.  The City Engineer shall ensure that all grading plans comply with the recommendations of the Geotechnical Investigation.

45.       All pertinent construction vehicles and equipment shall be equipped with devices to muffle and reduce noise generation in accordance with standard practices to reduce noise impacts to a less than significant level.  The Building Inspector will make periodic site visits during construction to ensure compliance.

46.       A Water Conservation Plan identifying feasible Best Management Practices, such as possible measures as low-flow facilities, conservation-oriented irrigation and appropriate vegetative designs, as well as an implementation plan for the entire development shall be prepared by the project sponsor. Approval of the Water Conservation Plan by the City Engineer is required prior to approval of improvement plans.

47.       To ensure that sufficient capacity exists to serve the needs of the project, upon application for   individual building permits, the City Engineer and Building Official shall confirm that sufficient capacity exists to serve the needs for that building prior to issuance of a building permit.

 

 

E.        Request for Conditional Use Permit and Design Review approval to allow outdoor dining at 8201 Old Redwood Highway, Sweet Lou’s Restaurant.  The project is exempt from further environmental review under the California Environmental Quality Act §15303(e).

 

PA# 19/02                   Applicant:  RLK Restaurants/Louis & Kim Chambrone

AP# 144-263-002

 

Planning Director Woltering introduced Consultant Planner Rick Hirsch.

 

Consultant Planner Hirsch presented the staff report and reviewed the suggested conditions of approval.

 

The PUBLIC HEARING was opened at 9:05 p.m.

 

Lou Chambrone, the business owner, represented the application.  He said that he agreed with what was stated in the staff report.

 

The PUBLIC HEARING was closed.

 

In response to an inquiry from the Planning Commission, Planning Director Woltering said that the condition requiring that the chairs be stacked at midnight was added at the request of the Police Department.  Concerns about spill-over customers from the bar next door were identified.

 

Chairman Dutra asked about allowing extended hours on the weekends.

 

Commissioner McClelland suggested that the chairs in the front area could be stacked as required at midnight, but that the rear patio could remain open until closing (i.e., 2:00 a.m.).

 

The PUBLIC HEARING was re-opened at 9:10 p.m.

 

Anna Young, the property owner, said that it has been her experience as the owner of other restaurants that stacked chairs in front of the business make it look like the business is closed.  Also, she said that she also owns the nearby mixed-use building, and that she has not received any complaints about noise from the residents.

 

The PUBLIC HEARING was closed at 9:13 p.m.

 

In discussing the design review process for this project, it was the consensus that Final Design Review could be approved at staff level and that the project need not go back to the Design Review Committee.

 

Vice Chairman Rock, concerning the privacy fencing that will separate this business from the adjacent businesses, said that he was troubled by the mix of wrought iron fencing with wood fencing.

 

Consultant Planner Hirsch explained that there is already one existing wood fence and the intent is to build a second fence to match.

 

The PUBLIC HEARING was re-opened at 9:20 p.m.

 

Mr. Chambrone, the applicant, explained the proposed placement of fencing and the locations of the pillars.  He also said that he will need the fencing because of his intention to apply for an alcohol license.

 

He asked a question about whether or not customers would be allowed to gather in the front patio area after the chairs are stacked, and with alcoholic beverages after he gets a license from Alcoholic Beverage Control (ABC).

 

Planning Director Woltering clarified that when the chairs are stacked, all business must be conducted indoors, including the consumption of alcohol.   He said that if the Department of Alcoholic Beverage Control does allow the consumption of alcohol on the front patio, then the applicants could request an amendment to the Conditional Use Permit to allow the patio to remain open later.

 

Kim Chambrone, co-owner of the business, asked the Planning Commission if they could amend the conditions to allow the front patio to be open until 2:00 a.m. now, and then if the ABC approves their application to allow the serving of alcohol on the front patio, they won’t have to come back and ask for an amendment to the Conditional Use Permit.  She was concerned about the amount of time it takes to process City permits.

 

Chairman Dutra pointed out that the Planning Commission is only considering the outdoor dining at this time.

 

Planning Director Woltering added that if the ABC license is approved and the applicants want to modify their Conditional Use Permit to extend the allowable hours, it would only require the approval of the Planning Commission.  There wouldn’t be any necessity for the Design Review Committee to review the amendment.  He estimated a 30-day process.

 

Concerning the lighting, Planning Director Woltering confirmed that staff will be reviewing the required lighting plan.

 

Vice Chairman Rock suggested that the lighting plan should be uniform and complementary to and coordinated with the surrounding lighting.

 

Consultant Planner Hirsch initiated discussion about the signs.  He said that if the roof-mounted sign is relocated, it should be brought down below the roof line.

 

Mr. Chambrone said that he had a Sign Permit from the City for that sign.  Planning Director Woltering agreed to research the Planning files for evidence of the permit.  It was agreed that the sign placement will be a part of the Final Design Review approval at staff level.

 

The PUBLIC HEARING was closed.

 

Vice Chairman Rock requested and received assurance from the applicant that there will be no a-board signs.

 

In discussing the fence details, the Planning Commission concurred that staff would have final approval authority for the fencing, subject to the following condition:

 

The proposed wood privacy enclosure shown on the front outdoor dining site plan shall be constructed of solid privacy screening to match the existing fencing between the building and the northernmost pillar and shall be painted to blend with the pillars.

 

Vice Chairman Rock suggested that the existing fence be replaced and the new fence built to match with narrow wood slats to look like the wrought iron and painted black.  There was no consensus to require the change.

 

Motion:

It was moved by Chairman Dutra to adopt Resolution No. 04-01 approving a Conditional Use Permit and Preliminary Design Review to allow the construction of outdoor dining areas at the front and rear of Sweet Lou’s Restaurant located at 8201 Old Redwood Highway within the CD (Downtown Commercial) zoning district, subject to the following conditions as amended.  Second by Commissioner McClelland.

 

Yes:     3          Noes:  1 (Rock)           Absent:  1 (Pagnusat)              Abstain:  0

 

Vice Chairman Rock said that he is not in favor of the approved 7-foot screen fence that he believes is not aesthetically pleasing, and should be upgraded.  The proposal, he said, is not in keeping with what the City is doing downtown.

 

Conditions of Approval (PA# 19/02):

 

PLANNING COMMISSION

 

1.          Applicant shall obtain an Encroachment Permit to locate the tables, chairs and planter boxes within the City’s right-of-way.

2.          The appropriate license shall be obtained from the State Department of Alcoholic Beverage Control for any outdoor sales and service of alcoholic beverages. No service of alcoholic beverages shall be permitted without such license.

3.          A minimum eight (8) foot path of travel shall be maintained between the outside edge of the enclosure and the back of the curb along Old Redwood Highway, as shown on the attached Site Plan.

4.          Issuance of a Sign Permit shall be required with this approval. Applicant shall secure all necessary building permits prior to installation of any improvements.

5.        In the event that the applicant wishes to move the existing roof-mounted wall sign on the front of the business approximately five (5) feet left of its present location, to be centered with the entrance to the restaurant, such sign shall also be lowered such that it does not extend above the roofline. No changes or improvements to the sign are approved with this Design Review.

6.        The applicant shall select and install a tubular steel patio enclosure and wood privacy fencing in conformance with the specifications in attached Exhibit “A” and as shown in Exhibit “C”. Such patio enclosure shall be fastened to the ground with appropriate anchorage, to the satisfaction of the Public Works Director, and shall match the color of the tables and chairs.

7.        The applicant shall select and install tables and chairs in conformance with the specifications in attached Exhibit “A”, and as shown in Exhibit “B”, to be submitted for review to the satisfaction of the Planning Director.

8.        AMENDED. All tables and chairs in the front outdoor dining area shall be stacked by midnight of each business day. Dining shall be permitted until 2:00 a.m. Thursday-Saturday in the rear patio area. No stacking shall be required in the rear patio area.

9.        No outdoor heaters shall be placed under the arcade roof.

10.     All additional outdoor lighting requires review by the Planning Department and shall produce only downcast lighting. Such improvements shall not be required to be considered by the Design Review Committee.

11.     In the event that table coverings are proposed, such coverings shall satisfy Fire Department concerns and be subject to approval by the Fire Department.

12.     There shall be a maximum of eight (8) round 36-inch diameter tables in the front patio enclosure and a maximum of four (4) tables for the rear patio enclosure accompanied by no more than 41 total seats. All tables and chairs shall be of a uniform material and color. All outdoor furniture, including front and rear patio tables and chairs, shall match in color and material.

13.     Table umbrellas shall be a dark solid color canvas and free of any advertising or logos. All umbrellas shall be of uniform color and materials.

14.     The applicant shall install approximately 14 planter pots, complimenting the design and colors of existing planter boxes in the area, in general conformance with the examples shown in Exhibit “D” and in conformance with the dimensions on Exhibit “A”. Such planter pots shall be maintained with flowering plants year round.

15.     The design of egress/ingress from the front and rear entrances shall be subject to approval by the Building and Fire Departments.

16.     Applicant shall submit a detailed irrigation plan showing the means and placement of irrigation.

17.     ADDED. The proposed wood privacy enclosure shown on the front outdoor dining site plan shall be constructed of solid privacy screening to match the existing fencing between the building and the northernmost pillar and shall be painted to blend with the pillars.

 

PLANNING DEPARTMENT

 

18.       An encroachment permit is required prior to issuance of building permits. The applicant shall enter into a contract with the City of Cotati which outlines responsibilities and rights of applicant in exchange for use of the City right-of-way. Such contract shall include a clause requiring that the applicant shall maintain, in good condition, the outdoor dining areas, all furniture within such areas, patio enclosures, planters and plant material, or be subject to forfeiture of the Conditional Use Permit.

 

19.       The applicant shall have 60 days from the date of Planning Commission approval of the Use Permit, to cause the removal of the existing improvements in the front outdoor dining area of the restaurant, including existing benches, tables, chairs, enclosure, and planters, on the subject parcel and in the public right-of-way. In the event that the applicant fails to meet this deadline, the Use Permit shall become void.

20.       Plant materials for the planter boxes shall include at least 75 percent flowering annual color plants.

21.       Final design review and approval of all plant selections, irrigation, lighting and design, including colors and materials, of the enclosure, fencing, planter boxes, lighting, tables, chairs, heating elements, and all other improvements, shall be conducted administratively, to the satisfaction of the Planning Director.

 

DESIGN REVIEW

 

22.            Applicant shall obtain an Encroachment Permit to locate the tables,             chairs and planter boxes within the City’s right-of-way.

23.         The appropriate license shall be obtained from the State Department of Alcoholic Beverage Control for any outdoor sales and service of alcoholic beverages. No service of alcoholic beverages shall be permitted without such license.

24.          AMENDED. A minimum ten (10) eight (8) foot path of travel shall be maintained between the outside edge of the enclosure and the back of the curb along Old Redwood Highway, as shown on the attached Site Plan.

25.          ADDED. Issuance of a Sign Permit shall be required with this approval. Applicant shall secure all necessary building permits prior to installation of any improvements.

26.          AMENDED. The existing wall sign on the front of the business shall be moved approximately five (5) feet left to be centered with the entrance to the restaurant. In the event that the applicant wishes to move the existing roof-mounted wall sign on the front of the business approximately five (5) feet left of its present location to be centered with the entrance to the restaurant, such sign shall also be lowered such that it does not extend above the roofline. No changes or improvements to the sign are approved with this Design Review.

27.          The applicant shall select and install a tubular steel patio enclosure and wood privacy fencing in conformance with the specifications in attached Exhibit “A” and as shown in Exhibit “C”. Such patio enclosure shall be fastened to the ground with appropriate anchorage, to the satisfaction of the Public Works Director, and shall match the color of the tables and chairs.

28.          The applicant shall select and install tables and chairs in conformance with the specifications in attached Exhibit “A”, and as shown in Exhibit “B”, to be submitted for review to the satisfaction of the Planning Director.

29.          All tables and chairs shall be stacked by midnight of each business day.

30.          AMENDED. No outdoor heaters shall be placed under the arcade roof.

 

 

31.          All additional outdoor lighting requires review by the Planning Department and shall produce only downcast lighting. Such improvements shall not be required to be considered by the Design Review Committee.

32.          In the event that table coverings are proposed, such coverings shall satisfy Fire Department concerns and be subject to approval by the Fire Department.

33.          There shall be a maximum of eight (8) round 36-inch diameter tables in the front patio enclosure and a maximum of four (4) tables for the rear patio enclosure accompanied by no more than 41 total seats. All tables and chairs shall be of a uniform material and color. All outdoor furniture, including front and rear patio tables and chairs, shall match in color and material.

34.          AMENDED. Table The umbrellas shall be a dark solid color canvas and free of any advertising or logos. All umbrellas shall be of uniform color and materials.

35.          The applicant shall install approximately 14 planter pots, complimenting the design and colors of existing planter boxes in the area, in general conformance with the examples shown in Exhibit “D” and in conformance with the dimensions on Exhibit “A”. Such planter pots shall be maintained with flowering plants year round.

36.          ADDED. The design of egress/ingress from the front and rear entrances shall be subject to approval by the Building and Fire Departments.

37.          ADDED. Applicant shall submit a detailed irrigation plan showing the means and placement of irrigation.

 

 

 

VII.     REPORTS BY STAFF

 

Planning Director Woltering reminded the Commissioners about the upcoming League of California Cities Planning Commissioners Institute and that RSVPs are needed as soon as possible.

 

VIII.    REPORTS BY COMMISSION

 

There were no reports from the Commission.

 

IX.       ADJOURNMENT

 

Chairman Dutra adjourned the meeting at 10:00 p.m.

 

Submitted by:

Kathleen Brisbine

Administrative Secretary