DATE OF MEETING: Monday, December 18, 2000

TIME OF MEETING: 7:00 p.m.

PLACE OF MEETING: Cotati City Hall, City Council Chambers

201 West Sierra Avenue, Cotati, CA 94931

The meeting was called to order at 7:02 p.m. by Vice Chairman Pagnusat.

Commissioners Present: Mulligan, VanDyke, Pagnusat

Commissioners Absent: *Moore

Vacancy: One

Staff Present: Dorch, Brisbine, Gretton

* Arrived after roll call as noted.

There were no changes to the agenda.

A. For the Regular Meeting on November 6, 2000

It was moved by Commissioner Mulligan to approve the minutes of November 6, 2000, as submitted. Second by Commissioner VanDyke.

Yes: 3 Noes: 0 Absent: 1 (Moore) Abstain: 0 Vacancy: 1

There were no oral or written communications.

Director of Planning Dorch presented the staff report. He reviewed the conditions recommended by the Design Review Committee. Although the Committee supported flexibility in the paving requirement, staff still recommends paving of the access to the rear of the property because of environmental concerns.

*Chairwoman Moore arrived at 7:07 p.m.

Copies of a letter from Northwestern Pacific Railroad, dated December 7, 2000, were made available to the Commission. The letter outlines their position on a sidewalk easement and a required lease agreement for utilizing NWPR right-of-way on the west side of the Progress Glass building for access to the rear of the property.

The staff recommendation for this application was for approval subject to the suggested conditions and the findings of fact.

Chairwoman Moore opened the public hearing at 7:15 p.m.

Dennis Key, the project architect, represented the application and discussed the design features. Regarding the use of NWPR right-of-way for access to the rear of their building, he stated that they never intended to include this area in their circulation plan, but also did not intend to fence it off.

Regarding condition no. 4 that requires fence detail to be submitted for final design review, he said that they do not intend to install new fencing, but only to utilize what is already existing. It was his impression that the Design Review Committee understood that.

With reference to condition no. 11, Mr. Key outlined the reasons why removal of the most easterly parking stall in front would not be necessary with their intended circulation plan.

Mr. Key questioned the purpose for the erosion control plan required by condition no. 12.

Commissioner Mulligan requested clarification on the actual use because of his concerns for impacting adjacent residents. Committee Member Key responded that he does not foresee any conflicts with the adjacent properties and the business owner is aware of surrounding residential uses. There will be insulation added to the east-facing wall and there will be no windows or additional openings added. He also stated that he would agree to a condition limiting the decibel level at the property line to meet Code.

In response to an inquiry from Chairwoman Moore, Mr. Key said that the hours of operation would be 8 a.m. to 4:30 p.m. Chairwoman Moore was concerned with any potential for extended hours, but Committee Member Key said that normal hours will be as stated. In case of an unforeseen situation, they might work later, but not in excess of what is allowed in the Municipal Code.

Commissioner Mulligan asked for clarification on condition no. 5 that suggests consideration be given to vines at the front of the building. Committee Member Key clarified that it wouldn't be vines, but something that would be similar to the architectural rendering.

Chairwoman Moore closed the public hearing at 7:28 p.m.

Vice Chairman Pagnusat requested Director of Planning Dorch's clarification on condition #12 that requires an erosion control plan. Director of Planning Dorch said that this will be a standard condition for any project that requires a Grading Permit and takes place between October 15 and April 1.

When asked, Mr. Key said that he does not believe this project will require a grading permit.

In concluding their review, the Planning Commission agreed that the removal of the eastern-most parking stall as required in condition #11 would not be necessary and reached a consensus to amend the condition to delete that requirement.

Concerning fencing, they chose to delegate the decisions to the Design Review Committee. They agreed to amend condition # 14 to allow the discretion on the part of the Design Review Committee.

It was moved by Commissioner Mulligan to approve Resolution No. PC00-13 recommending a Zoning Ordinance amendment from M-1, Light Industrial, to C-1, General Commercial, for a parcel located at 1015 East Cotati Avenue, AP#144-310-006, consisting of 1.05 acres; and Resolution No. PC00-14, approving a Conditional Use Permit, Findings of Fact, and Design Review conditions for a retail/warehouse/light assembly use in a C-1 zoning district (Progress Glass), located at 1015 East Cotati Avenue, subject to the conditions of approval as modified. Second by Vice Chairman Pagnusat.

Yes: 4 Noes: 0 Absent: 0 Abstain: 0 Vacancy: 1

1. Plans designating the proposed irrigation system shall be submitted for Final Design Review.
2. Asphalt/ Concrete shall be installed for all parking areas. (Unless deemed otherwise by Planning Commission)
3. A color board outlining the proposed colors for the building shall be submitted for Final Design Review.
4. Consideration be given to adding vines to the front of the building, and small to medium scale trees along the rear property line.

5. Fencing around the property shall be submitted for final design review and conform to the zoning ordinance.

6. Applicant shall secure all appropriate building permits for any work on the site.

7. Make application for and install a Fire Department Lock Box.

8. Trash enclosures greater than 1.5 cubic yards shall not be stored within five feet of combustible walls, openings or roof eave lines, unless sprinklered.

9. Provide approved fire extinguishers each 3,000 square feet or fraction thereof. Extinguishers shall be located so that no occupied area is in excess of 75 feet from an extinguisher.

10. The project shall install and maintain a burglary alarm system.

11. The Conditional Use Permit shall be subject to the successful completion of the zone change request from M-1 to C-1 by the City Council.

Amended: 12. Prior to issuance of a Grading Permit applicant shall submit grading and improvement plans for the site. The plans shall be prepared by a licensed civil engineer and shall include:

• Drainage plans that meet the requirements of the Sonoma County Water Agency.

• Improvement plans for the site and frontage improvements.
• Paving for the interior parking areas and interior circulation.
• Removal and replacement of damaged curb, gutter and sidewalk.

• Removal of the easterly parking stall at the property frontage and revise the adjacent stall to be ADA parking.

13. In the event that construction is scheduled to occur between October 15 and April 1, applicant shall prepare erosion control plans for approval by the City Engineer prior to the issuance of a Grading Permit.

Amended. 14. The applicant is in the process of obtaining a license agreement with the railroad company (NWPRR) for egress through the adjacent railroad right-of-way (ROW) located west of this property. Prior to issuance of a Grading Permit, applicant shall submit a copy of the license agreement to the City Engineer. If the applicant is not granted a license agreement for use of the railroad ROW, the applicant shall install a fence, unless modified by the Design Review Committee, to prevent vehicle access between this parcel and the railroad ROW. The fence shall meet the requirements of the Planning Director.

15. Prior to issuance of an Encroachment Permit, applicant shall submit a $500. cash bond for the improvements. The bond shall be replenished as necessary to ensure a minimum $500. balance at all times until such time the bond is released at project completion.

1. That the use is necessary or desirable in relation to the purposes and intent of the City General Plan, Land Use Ordinance, and the economic, social, and environmental status of the City.
2. That the use will be properly related to other uses, transportation facilities, and other public facilities in the area, and will not cause undue environmental impacts relating to noise, odor, pollution, etc.
3. That the use will not adversely affect the health or safety of persons living or working in the vicinity, or be materially detrimental to the public welfare of the City and its residents.

Director of Planning Dorch presented the staff report and recommended approval of the Conditional Use Permit subject to the suggested conditions of approval and the Findings of Fact. He reported that since a physical inspection of the property, staff has determined that there is ample parking on the site to accommodate the various businesses at this location.

There were no questions from the Planning Commission.

Chairperson Moore opened the PUBLIC HEARING at 7:45 p.m.

Craig Cassidy was present to represent his application. He stated that he agrees with the conditions of approval with the exception of condition no. 1 that requires proof of a wastewater discharge permit. He explained his intent to utilize the services of Sonoma Green for environmentally sound disposal of oil, etc. There will be no washing of vehicles on site.

The Planning Commission took no action to delete the condition.

Chairperson Moore asked about the neighboring business, Fisher’s Auto Repair. She did not recall processing a Conditional Use Permit for them.

Director of Planning Dorch responded that Fisher’s Auto Repair has been notified of the requirement for a Conditional Use Permit and that the application should be before the Planning Commission in the near future.

It was moved by Commissioner VanDyke to approve a Conditional Use Permit and Findings of Fact to allow an automotive repair facility at 6811 Redwood Drive, Suite E, in the M-1, Light Industrial zoning district subject to the suggested conditions of approval. Second by Commissioner Pagnusat.

Yes: 4 Noes: 0 Absent: 0 Abstain: 0 Vacancy: 1

PLANNING Department

1. Applicant shall show proof of wastewater discharge permit.
2. No outdoor overnight vehicle storage is permitted.
3. Hours of operation are from 7 a.m. – 6 p.m. Monday – Friday.
4. No painting of vehicles is permitted.
5. No washing of vehicles is permitted.

Building Department

6. Applicant shall obtain appropriate building permits prior to any tenant improvements.

Cotati Fire District

7. Storage and use of flammable liquids shall be in accordance with UFC Article 79 and District Ordinances. (Fire Department permit required).

8. Premise identification shall be visible from the roadside.

9. Yearly business inspection shall be conducted by the Rancho Adobe fire Protection district and any violations shall be corrected within fifteen (15) days.

1. That the use is necessary or desirable in relation to the purposes and intent of the City General Plan, Land Use Ordinance, and the economic, social, and environmental status of the City.

2. That the use will be properly related to other uses, transportation facilities, and other public facilities in the area, and will not cause undue environmental impacts relating to noise, odor, pollution, etc.

3. That the use will not adversely affect the health or safety of persons living or working in the vicinity, or be materially detrimental to the public welfare of the City and its residents.

Commissioner Mulligan congratulated Chairwoman Moore on being nominated for the Chamber's Citizen of the Year Award.

Commissioner VanDyke announced that he has not requested reappointment to the Planning Commission.

Chairwoman Moore adjourned the meeting at 7:47 p.m.

Submitted by:

Kathleen Brisbine

Administrative Secretary