CITY OF COTATI

MINUTES for the Regular Meeting of the Planning Commission

DATE OF MEETING: September 17, 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, Brisbine

III. APPROVAL OF MINUTES

A. For the Regular meeting on September 4, 2001

It was moved by Commissioner Mulligan to approve the minutes of September 4, 2001, as submitted. Second by Commissioner Dutra.

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

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

A. Interview applicants for the architect vacancy on the Design Review Committee.

Director of Planning Dorch reviewed the process for advertising the vacancy on the Design Review Committee. He reported that Greg LeDoux has requested re-appointment but that no other applications were received.

Chairwoman Moore opened the PUBLIC HEARING.

George Barrich

176 W. Cotati Oaks Court, requested and received further clarification on the process for advertising vacancies.

 

The Planning Commission complimented Greg LeDoux on his performance on the Design Review Committee, and unanimously recommended to City Council that he be reappointed.

B. Request for approval of a Tentative Subdivision Map and a Negative Declaration to allow the subdivision of three parcels totaling 9.67 acres into nine residential lots at 8866, 8888 and 8910 Cypress Avenue. The property is zoned A-R, Agricultural Residential. (Continued from September 4, 2001).

PA# 05/01 Applicant: Ken Gooch/Orion Homes, Inc.

AP# 144-460-004, 008 and 009 Cypress Gardens Subdivision

Director of Planning Dorch clarified that the agenda states that the subdivision creates 9 lots, but that it has been amended to 8 lots. He also pointed out that this application was continued from the last Planning Commission meeting on September 4, 2001, and proceeded to present the staff report on the outstanding issues.

Director of Planning Dorch then responded to questions from the Committee.

A neighborhood petition requesting that the Planning Commission enforce the one unit per acre density zoning and maintain the rural character as stated within the General Plan.

The PUBLIC HEARING was opened at 7:30 p.m.

David Brown, Adobe Associates, represented the application. He said that in investigating placement of a path along Cypress Avenue along the Coleman property, he found that a row of Cypress trees would necessitate that the path be on the Coleman property behind the trees.

In response to inquiries from Mr. Brown, Director of Planning Dorch clarified that the intent is that the road improvements be on both sides of Cypress Avenue. He then discussed pedestrian pathway surface alternatives (i.e. asphalt concrete, polypave).

Connie Coleman

8844 Cypress Avenue, said that this meeting should have been postponed given the events on September 11. She spoke in opposition to the subdivision and submitted her comments in writing. The development of this property with all of the associated improvements, in her opinion, would not fit the rural character of the area. She had questions related to replacement of the eucalyptus trees along her driveway if the developer removes them, and how installation of a sidewalk along her property frontage would affect her grazing cattle.

George Barrich

176 West Cotati Oaks Ct., applauded the Planning Commission for conducting business in these difficult circumstances. He requested and received clarification on the proposed sidewalk location. He suggested that the Planning Commission could consult with the citizens group that worked on the Laguna bike path for information on paving surfaces because a lot of research was done.

 

 

 

 

Eileen Auer

115 Wildberry Lane, said that it is clear that the area residents want to maintain the existing rural character. She stated her opinion that a pedestrian path might be appropriate instead of sidewalk, but that she would want to see the details. She stated opposition to the removal of eucalyptus trees and to the addition of urban streetlights in a rural environment. She did not believe that the Initial Study prepared for this subdivision addressed the cumulative impacts of this subdivision in combination with others in the area.

Phil Frank

8890 Cypress Avenue, said that he purchased his property because of the rural character of the area. He encouraged the Planning Commission to assure that any new developments be in keeping with the existing rural character. He appreciated that the Planning Commission recommended removal of the requirement for curb, gutter and sidewalk, but he opposes even the addition of a pedestrian pathway along his property frontage. Concerning the eucalyptus trees, he stated his opinion that they are old, majestic, and provide a windbreak. They also add to the rural feeling of the area. If the pedestrian path goes forward, he also would like to see detailed plans.

David Brown, the project engineer, said that the proposed subdivision is in accordance with the zoning. Some of the surrounding properties are more dense. He said that the property owner also wants to maintain the rural character. Retaining the eucalyptus trees would make a pedestrian path more difficult to install.

Patricia Waters

8844 Cypress Avenue, stated opposition to curb, gutter and sidewalk and the installation of streetlights along the new street.

Mr. Smith

8904 Cypress Avenue, said that he has been a resident for ten years.

The PUBLIC HEARING was closed.

Commissioner Mulligan requested and received clarification on what the options are related to public improvements.

Vice Chairman Pagnusat asked which streetlights are actually necessary other than at the new intersection.

In response to an inquiry from Commissioner McClelland, Director of Planning Dorch indicated that there is a potential for City liability if eucalyptus trees that are in City right-of-way cause damage.

 

 

 

 

Discussion:

Commissioner McClelland noted that the petition submitted requests that the one-acre minimum be enforced. The proposed subdivision has one-acre lots.

Commissioner Mulligan and Chairwoman Moore agreed that speeding cars on Cypress Avenue make pedestrian safety an issue, and that an unobtrusive pedestrian path similar to the one on School Street would be appropriate.

Concerning streetlights, Chairwoman Moore pointed out that this new street may eventually connect with Old Redwood Highway and in her opinion it will need streetlights.

Commissioner Dutra stated a concern for pedestrian safety but did not see a workable solution, particularly if all of the affected property owners are not in agreement. He said that it would be preferable to have more detail on any proposed pedestrian path, especially where it crosses other properties. He suggested that the adjacent property owners could sign in favor of future installation when their properties develop.

Vice Chairman Pagnusat agreed that there are too many unanswered questions related to the pedestrian path and he would also like to see a plan.

Director of Planning Dorch suggested that if the Planning Commission was not inclined to require pedestrian access along the Coleman property frontage at this time, that they do nothing at all. If at some point in the future the Coleman property is developed, then pedestrian improvements can be required at that time. Without installation of pedestrian access at this time, the eucalyptus trees can remain. He said that he would investigate the question of liability.

Ken Gooch, the applicant, suggested to the Planning Commission that if he removed the existing house on lot 8, and built a new one further back on the lot, the trees could then remain without as much of a liability issue. He suggested that it might then be possible to move the new street a short distance to the south in order to protect the trees bordering the Coleman property.

The Planning Commission indicated a favorable response to Mr. Gooch's suggestion if it would work. Director of Planning Dorch suggested some potential difficulty with moving the street south because of the trees. Many of the trees would not be able to be saved and eucalyptus trees work as a group.

Concerning the issue of streetlights along the new street, a majority of the Planning Commissioners agreed that the streetlights are necessary. Vice Chairman Pagnusat disagreed and stated the opinion that the lights would detract from the rural atmosphere. Commissioner Mulligan suggested the possibility of deferring installation of the streetlights until the street goes through.

The Planning Commission discussed road improvements and reached a consensus that the improvements are to be on both sides of Cypress Avenue.

It was further their consensus to delete the requirement for a detached meandering sidewalk on the east side of Cypress Avenue (condition #12); to delete the requirement for removal of the eucalyptus trees on Cypress Avenue (condition #18 and #27.b.ii).

It was moved by Chairwoman Moore to adopt Resolution No. PC 01-27 recommending that City Council approve a Tentative Map and Negative Declaration for the subdivision of three properties located at 8866, 8888, and 8910 Cypress Avenue totaling 9.67 acres into eight residential lots

(PA# 05/01 - Cypress Gardens), subject to the suggested conditions of approval as amended.

Second by Commissioner McClelland.

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

Amended Conditions of Approval (PA# 05/01 - Cypress Gardens):

PLANNING DEPARTMENT

  1. Applicant shall submit all easement documents (proposed and existing) and recent title report.
  2. 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.
  3. 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.
  4. Applicant shall cover trucks hauling dirt and debris to reduce spillage onto paved surfaces.
  5. Applicant shall sweep up dirt and debris spilled onto paved surfaces immediately to reduce resuspension of particulate matter through vehicle movement over those surfaces.
  6. Disturbed areas that will remain exposed for long periods or provide access for heavy machinery shall have ground cover restored with the application of mulch, fast growing grasses or gravel to stem sediment runoff.
  7. Runoff interception structures (silt fencing, straw wattles or gravel bags) shall be placed at any storm drain inlets onsite during the construction phase.
  8. Applicant shall screen all new light sources to prevent glare from impacting adjacent properties.
  9. The Police and Planning Departments shall review and approve the proposed street lighting plan to ensure that no residential neighbors are negatively impacted by new light sources from the project.
  10. 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.
  11. The new street shall be named in accordance with established City protocol.
  12. DELETED. The applicant shall improve the east side of Cypress Avenue from the north end of APN 144-246-002 (Coleman property) to the south end of Lot 1 with meandering, detached sidewalks (lampblack concrete) a minimum of five feet wide. A refunding agreement shall be established to reimburse the developer when the Coleman property is developed in the future. Applicant shall obtain public access easements for any pathway that crosses the Griffith, Frank, or Coleman property.
  13. The applicant shall post notices at each "stub" to notify residents of a future street extension. The stub between Lots 3 and 4 shall have a standard barricade.
  14. Applicant shall submit a street lighting plan for the review and approval of the Planning Director prior to approval of the Final Map.
  15. The Tentative Map shall be corrected to show a 10-foot sideyard setback on the northwest boundary of Lot 2 prior to City Council review.
  16. The rear corners of Lots 2 and 7 (opposite "Cypress Hill Drive") shall be changed to show a continuous rear yard setback of 20 feet.
  17. The applicant shall vacate the Frank utility easements.
  18. DELETED. The applicant shall remove the eucalyptus trees on Cypress Avenue from the north end of Lot 8 (APN 144-460-008) to the south end of Lot 1 and submit a replanting plan for Final Design Review approval prior to Final Map approval. All trees shall be replaced at a 3:1 ratio.

    19. POLICE DEPARTMENT

  19. Applicant shall consult with the Police and Fire Departments on the numbering sequence of addresses to insure a logical sequential arrangement.
  20. Street light poles shall be placed on alternating sides of the street at distances not to exceed 150 feet apart.
  21. All residences shall be built according to the City of Cotati Burglary Prevention Ordinance.

    22.  

     

     

     

    CITY ENGINEER

    Prior to Approval of Final Map
  22. Applicant shall submit final map, complete with supporting documents and calculations, for the review and approval of the City Engineer.
  23. Applicant shall submit preliminary soils report.
  24. Owner shall enter into a Subdivision Improvement Agreement with the City and submit bonds and other certification requirements.
  25. "Cypress Hill Drive" shall meet minimum City standards for public streets, including frontage improvements such as street lighting, curb, gutter, sidewalk, fire hydrants, etc. Sidewalk shall be a five-foot wide concrete path. The minimum centerline radius shall conform to City standards.
  26. Applicant shall dedicate the necessary right-of-way along Cypress Avenue to City or process and prepare necessary maps and documentation as required by the County for transfer of right-of-way from County to City (if right-of-way belongs to County). Street right-of-way for Cypress Avenue shall be 60 feet in accordance with City standards.
  27. Applicant shall submit improvement plans for the review and approval of City Engineer. Said plans shall include:

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

    b. Improvement plans for Cypress Avenue shall include:

    (i) Shoulder widening, storm drainage, water extension, fire hydrants and street lighting from the north end of APN 144-460-008 to the south end of the subdivision;

    DELETED. (ii) Meandering detached pathway (asphalt or black concrete) along the east side of Cypress Avenue from the north end of APN 144-246-002 (Coleman property) to the south end of the subdivision;

    (iii) Road reconstruction and slurry seal for both sides of Cypress Avenue from the north end of APN 144-460-008 to the south end of the subdivision.

    (iv) Sewer extension as shown on the Grading/Drainage/Utility Plan dated August 22, 2001, collecting at the intersection of "Cypress Hill Road" and Cypress Avenue.

    c. Improvements for "Cypress Hill Road" shall include street paving, street lighting, public utilities, fire hydrants, and detached 5-foot concrete sidewalk on one side.

    d. If existing residences are to remain, the applicant shall have buildings inspected by the Building Official and repair/rectify code violations. Said residences shall be on City water and sewer services. Existing septic systems and wells shall be abandoned in accordance with County requirements.

  28. Applicant shall submit grading and drainage plans to the Sonoma County Water Agency for review and approval.
  29. Applicant shall provide site drainage for all parcels even if minimal grading occurs. No lot-to-lot drainage is permitted.
  30. All utilities shall be underground.
  31. Applicant shall submit improvement plans to the Fire District and Police Department for review and approval.

    32. Prior to Issuance of Grading Permit

  32. Applicant shall submit grading plans for review and approval by the City Engineer and the Planning Director.
  33. Applicant shall submit grading performance bond.
  34. Applicant shall submit erosion control plans prepared by certified personnel to the City Engineer for review and approval.
  35. Applicant shall obtain a demolition permit from the Building Department for the demolition of existing buildings. Demolition shall include removal of septic systems and is subject to the approval of the County Well and Septic Division. In addition, wells shall be abandoned in accordance with County requirements.

    36. Prior to Issuance of Encroachment Permit
  36. Applicant shall obtain City Council Final Map approval and City Engineer approval of improvement plans.
  37. Applicant shall pay applicable permit and plan check fees and submit insurance certificates and other related documentation.
  38. Applicant shall submit a traffic control plan for the review and approval of City Engineer.

    39. Prior to Issuance of Building Permit
  39. Applicant shall provide a soils report for each lot prior to issuance of a Building Permit.
  40. Applicant shall be in compliance with Encroachment Permit.

    41. RANCHO ADOBE FIRE PROTECTION DISTRICT
  41. Applicant shall provide an emergency vehicle turnaround at the end of "Cypress Hill Drive" and provide documentation of easement for said turnaround if it is to be on private property. Applicant shall submit improvement plans to the Fire District for review and approval of the width and length of the turnaround area. Applicant shall install signs at the emergency turnaround indicating that no parking is allowed and shall paint all curbs along the emergency turnaround red.
  42. Applicant shall install two (2) fire hydrants. The location of these fire hydrants shall be subject to the approval of the City Engineer and Fire Department.
  43. Fire apparatus access roads shall have an unobstructed width of not less than twenty (20) feet.
  44. Both access roads and fire hydrants shall be installed and made serviceable prior to and during the time of construction.
  45. Prior to completion of construction, the applicant shall submit an address numbering plan for review and approval by the Fire Department.

    46. SONOMA COUNTY WATER AGENCY
  46. Drainage design for the project shall be in compliance with the Agency’s Flood Control Design Criteria.

 

C. Request for approval of a General Plan Amendment, Rezoning, and a Negative Declaration for a .25 acre site located at 905 East Cotati Avenue. The applicant requests a General Plan Amendment from Medium Density Residential to General Commercial, and a Rezoning from R-2, Two Family Residential, to

C-1, General Commercial.

PA# 22/01 Applicant: Tim Mattis

AP# 144-301-010

Director of Planning Dorch presented the staff report.

Tim Mattis, applicant, represented the application. He outlined the history of his business and his desire to purchase property in Cotati. His plans are to upgrade the interior of the building, and paint the exterior.

The PUBLIC HEARING was opened at 8:33 p.m.

The PUBLIC HEARING was closed without comment.

It was moved by Commissioner Mulligan to adopt Resolution No. 01-28 recommending that City Council approve a General Plan Amendment, Zoning Amendment, and Negative Declaration to convert a residential property located at 905 East Cotati Avenue to an office with the suggested conditions of approval. Second by Vice Chairman Pagnusat.

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

 

 

 

Conditions of Approval (PA# 22/01 - Mattis Rezoning):

Planning Department

  1. The applicant shall comply with the City of Cotati Sign Ordinance.

    2. Rancho Adobe Fire Protection District

  2. The applicant shall obtain a permit from the Fire District for any additions or alterations to the existing building that interfere with the present fire sprinkler system.

 

D. Request for approval of a Conditional Use Permit to allow a tattoo and piercing business at 8492 Gravenstein Highway in the Apple Valley Shopping Center. This application is exempt from CEQA.

PA# 24/01 Applicant: Alfonso Dominguez

AP# 144-130-024 "Get to the Point"

Director of Planning Dorch presented the staff report and directed attention to the conditions of approval that are consistent with other similar businesses in the community. He also pointed out the letter and supporting documentation submitted by Kelley Singleton (owner, The Hole Thing) in opposition to this Conditional Use Permit.

Commissioner McClelland suggested amending condition no. 4 so that it reads . . ."18 or older" instead of "over the age of 18". She then asked Director of Planning Dorch if there would be a potential health concern if the allegations in Ms. Singleton's letter are true.

Director of Planning Dorch responded that health issues are investigated by the Health Department if complaints are filed. If the specified hours of operation were not adhered to, the Conditional Use Permit could be revoked based on complaints or a Police report.

Commissioner Dutra commented that there seems to be substantial information to make him question the use. He said that since there are two tattoo businesses in the community he questioned the need for a third.

Director of Planning Dorch said that the Conditional Use Permit requires findings of fact. A denial would need to be based on a particular condition or the inability to make one or more of the required findings of fact. He also said that there is no way to investigate the allegations and there have not been any prior complaints.

The PUBLIC HEARING was opened at 8:44 p.m.

Alfonso Dominguez, the applicant, said that while he was working with Kelley Singleton he was registered with the Health Department. He said that he registered today at the Health Department for the new business.

In response to an inquiry from Chairwoman Moore, Mr. Dominguez said that he will be the only one tattooing at his shop, and that he will have someone else to do piercing.

In response to an inquiry from Commissioner Dutra, Mr. Dominguez said that while working for Kelley Singleton he was unaware of the restriction on hours of operation until seven months from when he started working there. Now that he is aware of the restriction on hours for his own business he will abide by them.

George Barrich

176 W. Cotati Oaks Ct., noted that although public hearing notices were mailed to the surrounding property owners, no one was at the meeting to express an opinion about the application. He said that there are a variety of businesses in the Apple Valley Plaza now and he saw no problems with this business.

Daryl (last name inaudible)

6830 Country Club Drive, said that he is a previous employee of Kelley Singleton and alleged that she gave permission for other employees to pierce while she was gone. He spoke of the applicant's good character.

Vice Chairman Pagnusat confirmed that the hours of operation for this business will be 12 noon to 8 p.m.

Chairwoman Moore commented that if Ms. Singleton was truly concerned about this Conditional Use Permit, she should have attended the meeting to state her case. She saw no problems with the application.

Commissioner McClelland was also supportive of the application as long as there is a way to follow up on any health issues.

It was moved by Vice Chairman Pagnusat to approve a Conditional Use Permit to allow a tattoo and piercing business at 8492 Gravenstein Highway in the Apple Valley Shopping Center, subject to the recommended conditions of approval as amended. Second by Commissioner Dutra.

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

Conditions of Approval (PA# 24/01):

  1. All employees involved in piercing and tattooing shall comply with California Health and Safety regulations.
  2. The Planning Commission shall reserve the right to reevaluate the CUP should future risks be associated with the handling and disposal of needles.
  3. A one-way needle deposit box shall be installed.
  4. Patrons must show proof that they are over the age of 18 18 years of age or older before services are provided.
  5. No one under 18 years of age shall be permitted inside the business without the supervision of a responsible adult.
  6. A record shall be kept of each client’s name, address and type of identification used.
  7. Hours of operation shall be limited to 12:00 pm to 8:00 p.m.
  8. The applicant shall submit any proposed signs for review and approval by the City in compliance with Section 17.38 Sign Regulations of the Cotati municipal Code.

VII. REPORTS BY STAFF

Director of Planning Dorch announced the first meeting of the AdHoc Committee to review planning procedures will be on Wednesday, September 19.

Director of Planning Dorch announced his new position of Assistant City Manager.

VIII. REPORTS BY COMMISSION

Chairwoman Moore reported that she will be attending a conference on "Smart Growth" on Saturday, September 22.

IX. ADJOURNMENT

Chairwoman Moore adjourned the meeting at 8:55 p.m.