CITY OF COTATI

MINUTES for the Regular Meeting of the Planning Commission

DATE OF MEETING: Monday, August 20, 2001

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 Moore called the meeting to order at 7:00 p.m.

II. ROLL CALL

Commissioners Present: Dutra, Mulligan, Pagnusat, Moore

Commissioners Absent: McClelland

Staff Present: Dorch, Brisbine

III. APPROVAL OF MINUTES

A. For the Regular meeting on August 6, 2001

It was moved by Vice Chairman Pagnusat to approve the minutes of August 6, 2001, as submitted. Second by Commissioner Mulligan.

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

IV. CHANGES TO THE AGENDA

There were no changes to the agenda.

V. ORAL AND WRITTEN COMMUNICATIONS

There were no oral or written communications.

VI. MATTERS AT HAND

Director of Planning Dorch presented the staff report. He elaborated on the issue of designated wetlands on lot 7, and whether or not a 15-foot wide landscape buffer with a 5:1 berm is necessary on lot 1 at it's common property boundry with lot 7 as shown on the approved Tentative Map. The purpose of this buffer area was intended to protect the wetlands. Director of Planning Dorch suggested that the applicant meet with a wetlands biologist to determine if the buffer is necessary. He also suggested that a condition be added to the project requiring letters from the Army Corp of Engineers and the Northcoast Water Quality Control Board verifying their positions concerning the protection of these wetlands prior to the issuance of building permits.

Regarding condition no. 4, Director of Planning Dorch recommended striking the last sentence because the requirement has already been met. The modified condition to read as follows:

Buck Oates, Kandy Investments, represented the application. He said that early in the project, the landscape designer included the buffer with berm, but that the buffer area was not a requirement of the Army Corp or the Northcoast Water Quality Control Board. Mr. Oates pointed out that the Mosquito Abatement District facility is also adjacent to the wetland and that no berm was required there. He said that generally, it is not advisable to prevent water from flowing freely.

In response to an inquiry from Commissioner Dutra, Director of Planning Dorch said that the tentative map was approved by both the Planning Commission and the City Council with the berm. He said that he was unsure whether or not the berm is necessary, but that it should be reviewed by experts.

Director of Planning Dorch also directed attention to a letter from the Goodsell's who own an adjacent residential property. Their letter indicates that they would agree to the installation of a chain link fence with slats along their common property line rather than a masonry wall or overlapping board fence as required by condition no. 2.

Chairwoman Moore opened the PUBLIC HEARING at 7:15 p.m.

Don Goodsell, 425 Helman Lane, referenced his letter and said that they would be fine with a chain-link fence with slats along the common property line because it lets light through. He offered his opinion that the wetlands under consideration are more of a manufactured wetland rather than a true wetland.

Jerry Tierney, the project architect, introduced himself and offered to answer any questions.

Chairwoman Moore closed the PUBLIC HEARING at 7:17 p.m.

In response to an inquiry from Commissioner Dutra about parking within the sideyard setback, Director of Planning Dorch said that it has been standard practice to allow parking within five feet of a sideyard setback. There is currently an ordinance in the process to codify the standard.

It was moved by Commissioner Mulligan to adopt Resolution No. PC 01-22 approving a Conditional Use Permit with Findings of Fact, Design Review, and a Negative Declaration to allow the construction of a 15,775 square foot industrial building at 364 Blodgett Street (lot 1, Kandy Industrial Subdivision) for wholesale sales and warehousing of imported rugs subject to the suggested conditions of approval as amended. Second by Vice Chairman Pagnusat.

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

Conditions of Approval (PA# 12/01 - Endless Knots):

Planning Department

1. The color of the metal siding and roof shall be a non-glare shade.
2. AMENDED: Site details shall be provided including such items as fencing, trash enclosure, lighting, benches (if any) and bike racks, for Final Design Review. The applicant shall construct a masonry wall or overlapping board fence along the southerly boundary, unless the owner of the adjoining parcel to the south accepts in writing the proposed chain link fence with slats.
3. Exterior lighting plans shall be submitted, including illumination that highlights entry points and parking lot areas. No nuisance light spillover or glare onto adjacent properties is permitted.
4. AMENDED: Detailed landscape and irrigation plans shall be provided for Final Design Review. Trees in the parking lot shall be selected and installed so that 50% of the parking area is shaded within 10 years. The applicant shall expand the width of the planter along the west elevation of the building by two feet and add suitable shrubs and plants in this area.
5. A complete sign application shall be submitted for Final Design Review approval.
6. A color rendering and materials samples shall be provided at Final Design Review.
7. If the proposed ordinance allowing for parking to encroach on the side yard setback in the M-1 District is denied, the applicant shall submit new plans reflecting conformance to the City off Cotati required yard setbacks.

8.

1. 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.
2. Cover stockpiles of sand, soil, and similar materials, or surround them with windbreaks. This measure will substantially reduce wind erosion of stockpiled materials during construction, reducing the potential of the project to contribute suspended particulate (dust) concentrations when the wind exceeds 10 miles per hour.
3. Cover trucks hauling dirt and debris to reduce spillage onto paved surfaces.
4. Sweep up dirt and debris spilled onto paved surfaces immediately to reduce re-suspension of particulate matter through vehicle movement over those surfaces.

9. In the event that any cultural resources are uncovered during earthmoving activities, all construction excavation activities would be suspended for a period to be determined by a City-approved archaeologist to allow for adequate inspection, recommendation, and retrieval, if appropriate.
10. An oil or sand trap interceptor shall be installed for all parking lot drainage. The interceptor shall meet the specifications of Steve Nommsen, Superintendent of Public Works (Condition No. 48, Kandy Tentative Map).

Fire Department

11. The project shall pay all subject plan check and inspection fees.

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

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

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

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

16. A Fire Department lock box shall be required for this building.

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

18. 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.

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

20. 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.

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

Sonoma County Water Agency

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

Industrial Waste Department

23. This department will need to see a full set of plans prior to construction.

24. A long form Sewer Use Permit shall be obtained.

City Attorney

25.

1. 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 and/or City Councils 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, attorneys’ 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.
2. 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, revising, 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.
3. In the event that a claim, action or proceeding described in Subsection a or b, 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 (i) approve the counsel to so defend the City, (ii) approve all significant decisions concerning the manner in which the defense is conducted, and (iii) 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 immediately preceding sentence, if the City Attorney’s office participates in the defense, all City Attorney fees and costs shall be reimbursed by the Project Sponsor.
4. 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.
5. 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.

Planning Commission

ADDED: 26. Prior to the issuance of building permits, letters from both the Army Corp of Engineers and the Northcoast Water Quality Control Board will need to be submitted verifying that a 15-foot landscape buffer with a 5:1 berm is not necessary to protect the wetlands.

Director of Planning Dorch presented the staff report and recommended that the same condition concerning wetlands be applied to this project as the previous project. Other than that, Director of Planning Dorch recommended approval of the project subject to the suggested conditions of approval.

Buck Oates, Kandy Investments, represented the application. He requested that only lot 5 be subject to the wetland condition because it would not apply to lot 6.

Chairwoman Moore opened the PUBLIC HEARING at 7:25 p.m.

Dale Dalton, 380 Helman Lane, stated concern for dba levels at the property line, and hours of operation for any future businesses.

Chairwoman Moore closed the PUBLIC HEARING at 7:28 p.m.

It was moved by Vice Chairman Pagnusat to adopt Resolution No. 01-23 approving a Conditional Use Permit with Findings of Fact, Design Review, and a Negative Declaration to allow the construction of two industrial buildings at 368 and 374 Blodgett Street (lots 5 & 6, Kandy Industrial Subdivision) subject to the suggested conditions of approval as amended. Second by Commissioner Mulligan.

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

PLANNING

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

2. Applicant shall provide site details, including such items as fencing, trash enclosure, lighting, benches (if any) and bike racks, for Final Design Review.

3. Applicant shall submit exterior lighting plans, including illumination that highlights entry points and parking lot areas. No nuisance light spillover or glare onto adjacent properties is permitted.

4. Applicant shall provide detailed landscape and irrigation plans for Final Design Review.

5. Applicant shall submit a sign program for Final Design Review approval.

6. Applicant shall submit a color rendering and materials samples for Final Design Review approval.

7. A defined entry way is to be identified on the west elevation of the building on Lot 5.

8. The landscape island located on Lot 6 along the north property line in the center of the parking spaces shall complement the landscape generally opposite on Lot 5.

9. If the proposed ordinance allowing for parking to encroach on the side yard setback in the M-1 District is denied, the applicant shall submit new plans reflecting complete conformance to the City off Cotati required yard setbacks.

10. The building on Lot 5 shall not exceed 30 feet in height to ridgeline (highest point).

11. An oil or sand trap interceptor shall be installed for all parking lot drainage. The interceptor shall meet the specifications of Steve Nommsen, Superintendent of Public Works (Condition No. 48, Kandy Tentative Map).

12. Applicant shall provide written proof of a maintenance and access agreement for the shared driveway between Lots 5 and 6 to the satisfaction of the City Engineer.

13.

a. 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. Applicant shall cover stockpiles of sand, soil, and similar materials, or surround them with windbreaks. This measure will substantially reduce wind erosion of stockpiled materials during construction, reducing the potential of the project to contribute suspended particulate (dust) concentrations when the wind exceeds 10 miles per hour.

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

d. Applicant shall sweep up dirt and debris spilled onto paved surfaces immediately to reduce resuspension of particulate matter through vehicle movement over those surfaces.

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

FIRE DEPARTMENT

15. The applicant shall pay all subject plan check and inspection fees.

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

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

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

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

20. A Fire Department lock box shall be required for this building.

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

22. 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.

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

24. 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.

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

SONOMA COUNTY WATER AGENCY

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

INDUSTRIAL WASTE

27. Applicant shall submit a full set of plans to this department prior to construction.

28. A long form Sewer Use Permit shall be obtained.

CITY ENGINEER

29. Applicant shall submit improvement plans for the review and approval of City Engineer. Said plans shall include grading and drainage plans, and utility plans.

30. Applicant shall provide site drainage for all the parcels even if minimal grading occurs. No lot-to-lot drainage is permitted.

31. All utilities shall be underground.

32. Applicant shall provide proof of recordation of the parking and access agreement that is required between Lots 5 and 6 for the joint parking lot on the east side of Lot 6.

Prior to Issuance of Grading Permit and Encroachment Permit

33. Applicant shall submit grading and drainage plans to be reviewed and approved by the City Engineer, Sonoma County Water Agency, and City of Cotati Planning Director.

34. Applicant shall submit erosion control plans prepared by certified personnel to the City Engineer for review and approval.

35. Applicant shall submit improvement plans for review and approval by the City Engineer. The driveway on the south end of Lot 6 shall be reconfigured to provide safe visibility from oncoming traffic on Blodgett Street. All driveway approaches shall be at 90 degrees to the roadway curbs.

Prior to Issuance of Building Permit

36. Applicant shall pay applicable permit and plan check fees and submit insurance certificates and other related documentation.

CITY ATTORNEY

37.

a. 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 and/or City Councils 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, attorneys’ 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.

b. 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, revising, 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.

c. In the event that a claim, action or proceeding described in Subsection a or b, 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 (i) approve the counsel to so defend the City, (ii) approve all significant decisions concerning the manner in which the defense is conducted, and (iii) 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 immediately preceding sentence, if the City Attorney’s office participates in the defense, all City Attorney fees and costs shall be reimbursed by the Project Sponsor.

d. 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.

e. 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.

PLANNING COMMISSION

ADDED: 38. Prior to the issuance of building permits for lot 5, letters from both the Army Corp of Engineers and the Northcoast Water Quality Control Board will need to be submitted verifying that a 15-foot landscape buffer with a 5:1 berm is not necessary to protect the wetlands.

Director of Planning Dorch presented the staff report.

Larry Colvin, The Colvin Group, discussed the intended modifications to the specific plan. He discussed implementation of the Santero Way Specific Plan as outlined in his written statement dated July 30, 2001. He said that the first phase of the project would be the construction of eighty market-rate units and sixteen affordable units. Concurrent with that construction would be the development of public improvements and the park. He estimated that construction would begin in the summer of 2002.

Phil Erickson, Community Design + Architecture, provided a summary of his written outline for the proposed changes to the Santero Way Specific Plan, dated July 30, 2001.

In response to an inquiry from Commissioner Dutra, Mr. Erickson discussed the change in square footage requirements for live/work. Commissioner Dutra stated his opinion that 200 square feet of work area is too small.

Director of Planning Dorch suggested the possibility of increasing the work area to 400 square feet that would be more consistent with the original plan.

Commissioner Dutra, however, said that he would prefer to delete change #1 that would eliminate the 50% requirement for work space within a live-work unit and change the requirement to a minimum of 200 square feet. He further stated his opinion that the issue can be revisited when there is a specific development proposal. The remainder of the Planning Commissioners agreed.

Commissioner Dutra then pointed out that the Specific Plan (Table 3-22) calls for a maximum building height of 2.5 stories. He was concerned that the revised plan indicates a high percentage of three-story buildings.

Mr. Erickson responded that they would be staying within the thirty-five foot maximum height requirement.

Commissioner Mulligan said that he was agreeable to the proposed amendments with changes as discussed as long as building height is not excessive.

Vice Chairman Pagnusat expressed his opinion that the proposal appears to conform to the spirit of the specific plan. He recognized the benefit of having a large amount of land under one ownership with one developer.

Chairwoman Moore opened the PUBLIC HEARING.

The PUBLIC HEARING was closed without comment.

Vice Chairman Pagnusat shared the concerns about building height, but was comfortable the Zoning Ordinance height restrictions will address that issue.

Commissioner Dutra agreed that it's good to have a large amount of land under one ownership with one developer.

Chairwoman Moore said that she was comfortable with the building heights because the buffer zone has been well thought out. She supported relocation of the park and evaluating the specifics of live/work when actual projects are submitted.

In response to an inquiry from the Planning Commission, Director of Planning Dorch discussed Floor Area Ratios (FAR) and how they are applied.

Mr. Erickson clarified that the requested increase in FAR in the Office Mixed Use District is from .60 to .66, not .65 as stated in the staff report.

It was the consensus of the Planning Commissioners present to recommend approval of the following Specific Plan amendments:

1. DELETED. an elimination of a 50% requirement for work space within a live-work unit. Rather, this would be changed to a minimum square foot requirement of 200 feet.
2. a revision of the residential parking space requirement that would correspond to the number of bedrooms in residential units. This would be for both live-work and residential districts.
3. a minor increase in the maximum FAR (Floor Area Ratios) in the Office Mixed-Use District from .60 to .65 .66. The Planning Commission will probably remember that a FAR of 1.0 means that there will be a square foot of building area to a square foot of land area.
4. a reduction of three feet in the sideyard setback for the units along the south side of Santero Way (from 9 feet to 6 feet).

Chairwoman Moore outlined the proposed ordinance revision.

The PUBLIC HEARING was opened at 8:30 p.m.

The PUBLIC HEARING was closed without comment.

It was moved by Chairwoman Moore to recommend the adoption of Ordinance No. 719, an ordinance amending Section 17.24.130 of the Cotati Municipal Code modifying the uses allowed within the side yard setbacks in the M-1, Light Industrial, zoning district. Second by Commissioner Mulligan.

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

VII. REPORTS BY STAFF

Director of Planning Dorch reported that a mixed-use project on La Plaza proposed by Anna Young received final design review approval last week.

VIII. REPORTS BY COMMISSION

IX. ADJOURNMENT

Chairwoman Moore adjourned the meeting at 8:31 p.m.