CITY OF COTATI

MINUTES for the Regular Meeting of the Planning Commission

DATE OF MEETING: Monday, June 18, 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, McClelland, Mulligan, Pagnusat , Moore

Staff Present: Dorch, Lustig, Brisbine

III. APPROVAL OF MINUTES

A. Special Meeting on April 23, 2001

B. Special Meeting on May 14, 2001

C. Regular Meeting on June 4, 2001

It was moved by Commissioner Mulligan to approve the minutes of April 23, 2001, May 14, 2001, and June 4, 2001. Second by Vice Chairman Pagnusat.

A. Special Meeting on April 23, 2001

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

B. Special Meeting on May 14, 2001

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

C. Regular Meeting on June 4, 2001

p. 5, paragraph 7: Commissioner McClelland clarified the discussion concerning review of a previous second dwelling unit, and requested that the minutes be amended accordingly.

Yes: 3 Noes: 0 Absent: 0 Abstain: 2 (Dutra, Pagnusat)

IV. CHANGES TO THE AGENDA

Director of Planning Dorch announced that a public hearing notice was advertised for American Medical Response at 292 Alder Avenue. The property owner has requested that the application be postponed so it is not on the agenda for consideration.

 

 

V. ORAL AND WRITTEN COMMUNICATIONS

There were no oral or written communications.

VI. MATTERS AT HAND

A. Request for approval of a Tentative Map and Rezoning from R-2 to R-2 PUD for a three lot single family subdivision on a .32 acre parcel located at 8404 Park Avenue and a Conditional Use Permit for the proposed second dwelling units (Dluzak Subdivision).

PA# 08/01 Applicant: Gerard & Brenda Dluzak

AP# 144-360-012

Chairwoman Moore stepped down due to a conflict of interest.

Director of Planning Dorch presented the staff report and reviewed the conditions of approval contained within Resolution No. PC No. 01-15. The staff recommendation was for approval of the project subject to the suggested conditions.

Director of Planning Dorch specifically addressed proposed Condition #8. The proposed condition requires that the applicant be financially responsible for the changes that will be needed on the site plan and the landscaping plan for the Bettman project. The condition was added in accordance with conditions that were imposed on the Bettman project in January 2000. It was noted, however, that at the time the condition was applied to the Bettman project, staff anticipated reimbursement of costs associated with relocation of existing improvements. To date, no improvements have been installed on the Bettman property. The Bettman's, however, are requesting reimbursement of costs associated with revising their plans.

Director of Planning Dorch responded to questions from the Planning Commission.

Chairwoman Moore opened the PUBLIC HEARING.

John Kincheloe, the project engineer, represented the application. Concerning the recommended conditions of approval, Mr. Kincheloe requested that the Planning Commission delete condition #10 because the City owns parcel B. He also requested deleting the second bullet item of condition #13 that requires elimination of the curb cut on Jorgensen. Mr. Kincheloe pointed out that there are two condition no. 13s and the conditions need to be re-numbered.

Concerning condition #8, the Dluzak's position is that the condition would only apply if the Bettman property had been developed and relocation of existing improvements would be required. If the Dluzaks are required to pay for revising the Bettman plans, there would be no benefit to their property and the Bettman property may never develop. Mr. Kincheloe requested that the condition be modified as follows:

8. In the event the Bettman parcel develops prior to the Dluzak parcel the applicant shall make all necessary modifications offsite to abandon the temporary access route and driveway at no cost to the property owner.

Melodee Bettman

Santa Rosa, represented her property. She said that the project has been in the process for six years. Following project approval, the then City Manager requested that they hold off on development of their property until the Gateway Plans were completed. The approvals then expired and an extension was necessary. The construction plans have been submitted and they are still in Plan Check. She said that there have been several delays. She was not sure who should pay for the costs for revising her plans, but it was her position that the cost should not be theirs.

Patricia Jonas-Voulgaris

Cotati, questioned the length of time that it has taken to process these plans.

Chairwoman Moore closed the PUBLIC HEARING.

Following clarification on a few points from Director of Planning Dorch, Commissioner Dutra said that development of the Dluzak property is actually a cost savings for the Bettmans because it eliminates the need for the Bettmans to install a driveway on Park Avenue.

In response to an inquiry from Commissioner McClelland, Director of Planning Dorch said that the Bettman's second submittal addressed the adopted Specific Plan by designing the site plan to include the provision for access from the rear and a temporary driveway off of Park Avenue in the interim.

In response to an inquiry from Commissioner Mulligan, Director of Planning Dorch said that revisions to the Bettman plan would require turning the garage to accommodate access from the rear of the property and adding landscaping to the area where the temporary driveway on Park Avenue would no longer be necessary.

Director of Planning Dorch said that he would recommend a revision to condition #8 as proposed by Mr. Kincheloe.

It was moved by Commissioner McClelland to approve Resolution No. PC 01-15 approving a Tentative Map and Rezoning from R-2 to R-2 PUD for a three lot single family subdivision on a .32 acre parcel located at 8404 Park Avenue and a Conditional Use Permit for the proposed second dwelling units (Dluzak Subdivision), subject to the following amended conditions of approval as amended. Second by Commissioner Dutra.

Conditions of Approval (PA# 08/01):

PLANNING DEPARTMENT

  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 resuspension of particulate matter through vehicle movement over those surfaces.
  5. 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.
  6. Prior to Final Map approval applicant must submit complete landscape plans.
  7. Submit all easement documents (proposed and existing) and recent title report.
  8. AMENDED. Applicant shall be financially responsible for the changes that will be needed on the site plan and the landscaping plan for the Bettman project. As stipulated in the conditions of approval (#6) for the Bettman property approved January 6, 2000.
  9. 8. In the event the Bettman parcel develops prior to the Dluzak parcel the applicant shall make all necessary modifications offsite to abandon the temporary access route and driveway at no cost to the property owner.

    CITY ENGINEER

  10. The parcel map, complete with recent title report, supporting documents and calculations shall be submitted to the City Engineer for review and approval.
  11. DELETED. A tentative map shall be revised to include the owner of Parcel B in the owner's statement. Dluzak shall show proof of ownership of Parcel B prior to submittal of parcel map for review, unless current owner of Parcel B is co-applicant.
  12. Submit preliminary soils report.
  13. Owner shall enter into a Subdivision Improvement Agreement with City and submit bonds and insurance certificates.
  14. Submit improvement plans for the review and approval of City Engineer. Said plans shall include:

14. All utilities shall be underground.

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

16. Applicant shall submit plans to the Sonoma County Water Agency for review and approval.

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

18. Grading plans shall be reviewed and approved by the City Engineer and the Planning Director.

19. Submit grading performance bond.

20. Submit erosion control plans prepared by certified personnel to the City Engineer for review and approval.

21. For demolition of existing buildings, obtain a demolition permit from the Building Department. Demolition shall include removal of septic systems and subject to the approval of the County Well and Septic Division. In addition, wells shall be abandoned in accordance with County requirements.

22. Obtain City Council Final Parcel Map approval and City Engineer approval of improvement plans.

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

24. Applicant shall provide a soils report for the each lot prior to issuance of the Building permit.

25. Applicant shall be in compliance with Encroachment Permit.

CITY ATTORNEY

26. Unless shorter limitations period applies, the time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure §1094.6.

27. The Subdivider shall defend, indemnify and hold harmless the City or its agents, officers and employees from any claim, action, or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul an approval of the City, the City’s Council and/or the City’s Planning Commission concerning the subdivision, which action is brought within the time period provided for under Section 66499.37 of the Government Code. The City shall promptly notify the subdivider of any claim, action, or proceeding and the City shall cooperate fully in the defense thereof.

28. The Conditions set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020 (d)(1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notices that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020 (1), has begun. If you fail to file protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

29. 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.

30. 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.

31. 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.

32. 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.

 

B. Adoption of Resolution No. PC01-19, approving a request for approval to construct and maintain an unmanned telecommunications facility, which would include a 135 square foot equipment shelter adjacent to a forty-foot tower with twelve antennas attached at the top, located at 355 Blodgett Street. (continued from June 4, 2001)

PA# 03/01 Applicant: AT&T Wireless Communications

AP# 046-111-041

Director of Planning Dorch reported that Resolution No. PC 01-19 has been prepared to formalize action taken by the Planning Commission on June 4, 2001, to approve the application.

In response to an inquiry from Commissioner Dutra, Director of Planning Dorch said that alternatives for treatment of the pole were discussed with the applicant at the last meeting. Final plans are required to be submitted to the Design Review Committee.

It was moved by Chairwoman Moore to adopt Resolution No. PC01-19, approving a request for approval of a Conditional Use Permit to construct and maintain an unmanned telecommunications facility, which would include a 135 square foot equipment shelter adjacent to a forty foot tower with twelve antennas attached at the top, located at 355 Blodgett Street subject to the suggested conditions of approval. Second by Commissioner Mulligan.

Yes: 3 Noes: 0 Absent: 0 Abstain: 2 (Pagnusat, Dutra)

 

 

 

 

 

Conditions of Approval (PA# 03/01):

COTATI BUILDING DEPARTMENT

1. Building permits shall be secured for all applicable tenant improvements.

PLANNING DEPARTMENT

2. AT&T Telecommunications or whomever is the current owner of the telecommunications facility installed at 355 Blodgett Street shall permit other users on the pole at the request of the City of Cotati and with a Conditional Use Permit. Height and spacing requirements deemed necessary for the new user shall be verified by an independent third party telecommunication expert.

3. The applicant shall conform to a twenty-foot setback from the rear property line.

4. The monopole shall be colored with a non-glare surface subject to approval from Design Review.

5. Applicant shall submit site plans and elevation plans for Final Design Review. Design Review shall review the architecture of the building for appropriate development adjacent to the Laguna De Santa Rosa Bike Path.

6. Applicant shall submit detail fence plans for Design Review approval.

7. All lighting shall be movement activated.

8. All generators shall have mufflers installed and be fully operational.

9. Flood zone elevation certificate required.

10. The height of the pole and antennas shall not exceed 40 feet.

C. Zoning Ordinance Workshop: Zoning Districts

Senior Planner Lustig presented a brief staff report and then introduced consultant Laura Hall.

Laura Hall discussed the theory of zone continuum and displayed photographs of actual building types in Cotati to illustrate its potential application.

In establishing a process for review of the various zoning districts, the Planning Commission chose to review each district separately, ask questions, and then receive public comment before moving on to the next district.

4.3 Open Space Zone (new district)

In response to an inquiry from Chairwoman Moore, Director of Planning Dorch discussed that this zoning designation could only be applied to properties owned by public agencies because there would be no means of a financial return for private ownership. The proposed district establishes a mechanism to designate property for open space in the case that someone donated property to the City.

In the case of the Gallo property, the property is located within the unincorporated County area.

Chairwoman Moore opened the PUBLIC HEARING.

Dale Dalton

380 Helman Lane, suggested that a provision could be included in the district to allow for the preservation of a historic home.

In response to an inquiry from Mr. Dalton, Director of Planning Dorch said that there are no properties identified for the Open Space designation.

4.4 Rural Neighborhood Zone (formerly R-R, Rural Residential, and A-R, Agricultural Residential).

In response to an inquiry from Commissioner Dutra, Senior Planner Lustig said that the number of outbuildings allowed on a site would be determined by the lot coverage allowed (4.4.3b).

Regarding 4.4.7b, Senior Planner Lustig said that this section reflects the current policy concerning driveways, that only one curb cut is allowed per lot. Commissioner Dutra was wondering about circular driveways on larger lots. Senior Planner Lustig suggested that perhaps the restriction allowing only one curb cut could be applied to smaller lots (less than an acre). In discussing it further, the Planning Commission reached a consensus that second driveways should be subject to approval by the Planning Commission with an interest towards establishing a safe distance between them and to allow for careful review of their location.

4.4.7b - consensus to amend as follows: Residential parking requirements: A minimum of two covered parking spaces.

4.4.8. - Planning Commission discussed depth of porches and reached a consensus to agree with the recommended 8-foot depth.

Chairwoman Moore opened the PUBLIC HEARING.

Dale Dalton

380 Helman Lane, expressed his opinion that an 8-foot depth requirement for porches seemed excessive and said that a 6-foot depth would be adequate.

The PUBLIC HEARING was closed.

4.5 GENERAL NEIGHBORHOOD ZONE (formerly R-1, Single-Family Residential, and R2, Two-Family Residential)

4.5.3a - Commissioner McClelland questioned the necessity for establishing a maximum lot width. In discussing the question, it was the Planning Commission's consensus to delete the maximum width requirement.

4.5.9 - Planning Commission discussed the limiting tree species. It was brought up that if there was any disease related to a particular species, all of the trees could be lost. Also, some tree types might effect lighting within some units.

Senior Planner Lustig said that street trees need to be an appropriate variety for use as a street tree that provides a uniform pattern and even shading of the street.

Consultant Laura Hall suggested that a different street tree could be used for each different block all of a uniform height and canopy.

The Planning Commission reached a consensus to amend the language of 4.5.9a to allow one tree type per block, all with a uniform height and canopy.

Planning Commission discussed the residential parking requirements agreeing with the proposed setbacks for enclosed parking areas.

4.5.7d - The Planning Commission reached a consensus to amend this section as follows:

Residential parking requirements: A minimum of two covered parking spaces.

Commissioner Dutra asked about the potential for including solar requirements. Senior Planner Lustig responded that solar requirements could possibly be included in the General Regulations section of the Zoning Ordinance.

4.6 URBAN CENTER ZONE (formerly R-3, Multi-family Residential; C-1, General Commercial; A-C, Agricultural Commercial; C-H, Highway Commercial; and O, Office).

Commissioner Dutra said that he was supportive of the flexibility of allowing live/work units in this zone. He wanted to explore the possibility of including some requirements for solar energy, at least solar hot water heating.

Chairwoman Moore and Commissioner McClelland both stated their opinions that solar requirements should be included under General Regulations and not in each specific zoning district.

Consultant Laura Hall suggested that the Planning Commission might consider including language related to solar energy as it relates to design (i.e. screening of solar panels, etc.)

Senior Planner Lustig suggested that staff develop language regarding solar energy requirements and then decide where to place it within the Zoning Ordinance at a later date.

It was the consensus of the Planning Commission to request that staff arrange for an energy workshop that would include a review of the new Title 24 requirements. Following that, they would be in a better position to include recommended language in the Zoning Ordinance.

4.6.3 - Commissioner Mulligan was concerned with the lack of a rear setback requirement. Senior Planner Lustig suggested that 4.6.3e could be amended. The Planning Commission agreed by consensus as follows:

In the case of an infill lot, the front setbacks may match one or the other of the existing adjacent setbacks with the approval of the appropriate planning authority.

In response to an inquiry from Commissioner McClelland, Senior Planner Lustig confirmed that there is no provision for second dwelling units because the district is multi-family.

Chairwoman Moore opened the PUBLIC HEARING.

Heidi Hydusik

8588 Lakewood Avenue, suggested that a good source of information on solar energy is Home Power Magazine. She noted that solar or voltaic panels can't really be hidden, but they are a very good feature. Windmills are also good, but they make noise.

The PUBLIC HEARING was closed.

Commissioner Dutra left the meeting at 9:00 p.m.

4.7 INDUSTRIAL MIXED-USE ZONE (formerly M-1, Light Industrial, Commercial Industrial)

Concerning section 4.7.3a, Commissioner Mulligan asked why there was a minimum lot size of 10,000 s.f. Senior Planner Lustig responded that that is what is in the current code and it has never been an issue. She suggested that they might want to look at that minimum lot size requirement in the future as it relates to live/work developments.

Chairwoman Moore opened the PUBLIC HEARING.

In response to an inquiry from the public, Senior Planner Lustig said that the Planning Commission will continue to conduct public hearings on the Zoning Ordinance sections, and then the complete document will be presented to the City Council.

The PUBLIC HEARING was closed.

4.7 PUBLIC FACILITIES OVERLAY

There was no discussion on this overlay district and the Planning Commission consensus was that it is fine as written.

THOROUGHFARES

Path - Chairwoman Moore noted that the Laguna Bike Path with a 6 foot paved surface does not conform to this standard.

It was the consensus of the Planning Commission that a minimum width of 8 feet is appropriate for paths.

Alley - Senior Planner Lustig said, in response to an inquiry from the Planning Commission, that the range in minimum paved width is intentional to provide for flexibility.

Neighborhood Street and Crosstown Connector - Chairwoman Moore had some questions and concerns related to the speed of traffic on both of these street types.

Senior Planner Lustig discussed the concept of designing for specific speeds. There is a range provided in these speeds because the design process is not exact. In addition to the Zoning Ordinance criteria, Senior Planner Lustig suggested that the General Plan could also include a goal that street designs aim to achieve the slowest speed.

It was the consensus of the Planning Commission to amend Neighborhood Street as follows:

Commissioner McClelland requested and received clarification from Senior Planner Lustig on the corner radii recommendations as they relate to emergency vehicle access.

Chairwoman Moore opened the PUBLIC HEARING.

Dale Dalton

380 Helman Lane, complimented the Planning Commission on their performance and all of their hard work.

Heidi Hydusik

Stated her understanding that drunk drivers are not the number one cause of accidents, it is inexperience and inattention. She encouraged regulations to provide narrow streets with parking on both sides to slow speeds. She also suggested that medians are also good, and that roundabouts be considered.

The PUBLIC HEARING was closed.

VII. REPORTS BY STAFF

A. Report cancellation of regular meeting on July 2, 2001, and request special meeting on July 9, 2001.

It was the consensus of the Planning Commission not to schedule a special meeting on July 9, 2001, and to hold their regular meeting on July 2, 2001.

VIII. REPORTS BY COMMISSION

There were no reports from the Commission.

IX. ADJOURNMENT

Chairwoman Moore adjourned the meeting at 9:40 p.m.

Submitted by:

Kathleen Brisbine

Administrative Secretary