RIPON PLANNING COMMISSION MINUTES
RIPON CITY HALL
TUESDAY NOVEMBER 13, 2007 - 7:00 P.M.
Pledge of Allegiance: Commissioners pledged allegiance to the flag
Roll Call: Commissioners Garry Krebbs, Stan Hall, Debra Van Essen, and Mark Winchell
Absent: Commissioners Donald Berg and James Lewis
Others Present: Director Ken Zuidervaart, City Attorney Tom Terpstra, Sheryl Prater, Steve McPeak, Pete & Frances Dodson, Mark Fassler, Mahesh Ranchhod, Cindy Souza, John Souza, Jeff Williams, Chad Cline, Ginger Eskes, Helen Caetano, Al Caetano, Andrew Lee
Minutes: Approval of the minutes of the regular Ripon Planning Commission meeting of October 9, 2007
MOTION: MOVED/SECONDED (KREBBS/VAN ESSEN) AND CARRIED BY A 4-0 VOTE (BERG/LEWIS ABSENT) TO APPROVE THE MINUTES OF THE OCTOBER 9, 2007 PLANNING COMMISSION MEETING
In Chairman Lewis’ absence, Vice Chair Hall assumed duties of the Chair
Public Discussion: Vice-Chairman Hall explained the public discussion process and asked if anyone would like to speak.
No one wished to speak at this time.
A. CONSENT CALENDAR
A.1 LOT MERGER (LM07-02) for Daniel S. Costa Trust c/o Mid Valley Engineering, an application to merge two lots under the same ownership into one lot per requirements of a condition of Use Permit (UP06-03) for Development of a Roller Hockey Rink located at 1043 and 1075 S. Acacia Ave. in the M1 (Light Industrial) district. This project is Categorical Exempt from CEQA.
MOTION: MOVED/SECONDED (KREBBS/WINCHELL) AND CARRIED BY A 4-0 VOTE (BERG/LEWIS ABSENT) TO APPROVE LOT MERGER (LM07-02) FOR DANIEL S. COSTA TRUST BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF THE STAFF REPORT.
1.0 PUBLIC HEARING
Vice-Chairman Hall explained the public hearing process to all present
1.1 TENTATIVE PARCEL MAP (PM07-01) and LOT LINE ADJUSTMENT (LA07-01) for Jerry & Betty DeGroot, this is a public hearing on a request to adjust the lot lines between three parcels under the same ownership and then subdivide a residential lot into two lots for residential development located at 351 and 345 S. Manley Rd and 501 Parallel Ave. in the R1L (Single Family Residential) and M1 (Light Industrial) districts. A Negative Declaration (PEA07-28) is recommended for this project.
Director Zuidervaart said that the applicant requested a continuance to a future meeting and at the recommendation of the City Attorney we should open the public hearing process for any comments prior to voting on continuance.
PUBLIC HEARING OPENED
No one wished to comment on this project at this time.
PUBLIC HEARING CLOSED
MOTION: MOVED/SECONDED (KREBBS/VAN ESSEN) AND CARRIED BY A 4-0 VOTE (BERG/LEWIS ABSENT) TO CONTINUE TENTATIVE PARCEL MAP (PM07-01) AND LOT LINE ADJUSTMENT (LA07-01) FOR JERRY AND BETTY DEGROOT TO THE JANUARY 8, 2007 PLANNING COMMISSION MEETING
1.2 CONDITIONAL USE PERMIT (UP07-06) for John Miller, this is a public hearing on a request to construct a 288 square foot pool house and vary the setback to allow it to be placed within five feet of the rear property line located at 1025 Olson Court in the R1A (single family residential) district. This project is Categorical Exempt from CEQA.
Director Zuidervaart introduced the Staff Report into the record along with the findings and conditions of approval.
Director Zuidervaart said that this is a request is to construct a 288 square foot detached pool house to within five (5) feet, on one corner, of the rear property line. The City’s current code allows for detached accessory buildings, such as pool houses, to be constructed on any lot by just obtaining a building permit so long as they meet the minimum required setbacks. The minimum required setback for such structures is three (3) feet from the side property line and ten (10) feet from the rear property. If an applicant wishes to construct such a structure within the rear ten (10) feet of any lot up to within three (3) feet of the rear property line, then they must obtain a Conditional Use Permit.
Director Zuidervaart said that the applicant has submitted plans which show that there are no lights that reflect upon his neighbor’s property. The pool house would be constructed having a stucco finish and a tile roof to match the existing residence. Although the pool house has three (3) walls, it will not be fully enclosed.
Director Zuidervaart said that all neighbors within 300 feet have received a notice for this Public Hearing concerning the proposed project.
Director Zuidervaart then said that on October 22, 2007, a meeting was held with the project review committee to review the project and discuss concerns and conditions of approval. The comments and conditions of approval received during the review period have been incorporated in the staff report where appropriate.
Director Zuidervaart then said that should the Planning Commission agree with staff, an approval of the application would be recommended subject to the conditions of the staff report.
Commissioner Van Essen asked if the structure includes restroom facilities or an air conditioning unit.
Vice-Chairman Hall asked which side of the structure would be open for access.
PUBLIC HEARING OPENED
Applicant: John Miller (1025 Olson Ct) said that he had submitted plans and setbacks needed to be changed and an application submitted. He then pointed out the openings on both sides and back of the structure.
Commissioner Van Essen asked about the air conditioning and restroom and Mr. Miller replied no. Mr. Miller then said that he received input from his neighbors and they signed that they are o.k. with this.
Commissioner Winchell said that the two neighbors who would be most affected by this have signed that they are o.k. with it.
Proponents: None
Opponents: None
PUBLIC HEARING CLOSED
Commissioner Krebbs said that technically it is a shed rather than a pool house since it is open.
MOTION: MOVED/SECONDED (KREBBS/WINCHELL) AND CARRIED BY A 4-0 VOTE (BERG/LEWIS ABSENT) TO APPROVE CONDITIONAL USE PERMIT (UP07-06) FOR JOHN MILLER BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF THE STAFF REPORT.
1.3 ANNUAL REVIEW OF DEVELOPMENT AGREEMENTS - The Planning Commission will conduct an annual review of the development agreements for Hoffman, Valk, Colony Plaza, Bush, Calvary Reformed Church, Allmendinger, Gil Plaza, Palm Grove, Jacobs Landing, Spring Creek Meadows, Marquis Estates, DeJong Estates, Poppy Hills, Shadow Glenn, Carolinas, Brookline, Springcreek Oaks, Wallace, Grand View Estates, Oak Terrace, Augusta Point, Chesapeake, Montecito Estates, Shadow Glenn II, Magnolia Terrace, Johnson, Verandas, Spring Creek Meadows II, Cornerstone I, Wagner Woods, Iron Gate, Bethany Town Square, Cornerstone II, Lopez, Vineyard Grove, Ripon Crossing, Alexandra Terrace, to determine whether or not the proponents have complied in good faith with the terms or conditions of the agreements and will make a recommendation to the City Council.
Director Zuidervaart explained that Pursuant to provisions of Section 65865.1 of the California State Government Code, and Section 16.60.060 of the Ripon Municipal Code, the Planning Commission will be conducting a review of the specified Development Agreements for compliance with the terms and conditions therein. The Commission will base it’s determination upon substantial evidence whether of not, for the period under review, there has been compliance in good faith with the terms and conditions of the agreement. After this hearing, the Commission will forward it’s determination in a written report to the City Council. If it is determined that there has not been compliance in good faith with the terms and conditions of the agreement, the Commission may include a recommendation for the modification or termination of the agreement.
Director Zuidervaart said that attached to the staff report is a list of all of the Development Agreements being reviewed, along with a map of the community identifying their physical locations. They are identified in the following manner: ID#/Title/Project Name/Type of Development/Expiration Date/Buildout Status/Compliance Status.
Director Zuidervaart then provided a summary of the currently 33 active agreements and a list of Development Agreements that have expired saying that the City Attorney is preparing notices of Termination for those agreements.
Director Zuidervaart said that staff has reviewed the indicated agreements and has determined that all proponents have generally made a good faith effort to comply with the terms of their agreements and recommended that the Planning Commission recommend that staff prepare a written report to the City Council.
Commissioner Van Essen asked what happens when a Development Agreement expires and Director Zuidervaart explained that they would be subject to any new fees that apply. A development agreement locks in certain fees.
Commissioner Van Essen said that for Valk who is 0% complete and the agreement expires in April 2008, what percentage would they have to have done in order to keep the old fees.
Director Zuidervaart explained that fees are paid at time of issuance of building permit. Commissioner Van Essen then said that they do not have much time then.
Commissioner Krebbs said that they would have to come back to Planning Commission and Director Zuidervaart replied if they wish to obtain a new Development Agreement, yes.
PUBLIC HEARING OPENED
Attorney Terpstra said that it is the recommendation of staff that all are in compliance but someone may wish to speak on a specific development agreement.
No one wished to speak
PUBLIC HEARING CLOSED
MOTION: MOVED/SECONDED (VAN ESSEN/WINCHELL) AND CARRIED BY A 4-0 VOTE (BERG/LEWIS ABSENT) TO RECOMMEND THAT STAFF PREPARE A WRITTEN REPORT TO CITY COUNCIL FOR THE DEVELOPMENT AGREEMENT ANNUAL REVIEW
2.0 GENERAL PLANNING
2.1 MAJOR SITE REVIEW (SR07-17) for Albert and Helen Caetano. This is a request to expand an existing gift shop within the main house located in the recently rezoned C3 (Central Business) district. This project is Categorical Exempt from CEQA (Sec. 15300).
Director Zuidervaart introduced the staff report into the record along with the findings and conditions of approval.
Director Zuidervaart said that this is a request to expand an existing gift shop within the main house located in the recently rezoned C3 (Central Business) district. The current Tank House Gift shop is comprised of two small detached rooms totaling approximately 252 square feet. The applicant has expressed a desire to relocated and expand the current Tank House Gift shop into the front part of the main house and to use the existing gift shop rooms as storage.
Director Zuidervaart said that the new expansion area will consist of approximately 468 square feet of retail sales area. The applicant has indicated on his site plan layout that an A.D.A. handicap ramp will be constructed to provide access to the Gift Shop. The applicant has also expressed that the exterior of the building will remain essentially as is, in order to maintain character of the surrounding neighborhood.
Director Zuidervaart said that the parking requirements for the C3 district states that buildings enlarged, reconstructed, remodeled or structurally altered in the C3 zone shall provide parking, as determined by the Planning Commission, until such time as special parking provisions are adopted for the C3 district. Per our code, retail sales requires 1 parking stall per every 250 square feet of sales area, with the expansion of the Tank House Gift shop, they will have approximately 468 square feet of sales area, which means that they would need two parking stalls for their use. There are approximately 7 parallel parking stalls surrounding the property which houses the gift shop, therefore staff feels that the applicant has demonstrated compliance with our code. Also indicated on the site plan is that 65% of the lot is landscaped, this well exceeds the City’s minimum requirement of only 10%.
Director Zuidervaart said that one of the items included in the conditions of approval is the requirement for the applicant to install sidewalk along the southern property frontage (First Street Side). There is already existing sidewalk along the western property frontage (Acacia Avenue Side), along with a handicap ramp at the corner of Acacia Avenue and First Street.
Director Zuidervaart said that on October 22, 2007, a meeting was held with the project review committee to review the project and discuss concerns and conditions of approval. The comments and conditions of approval received during the review period have been incorporated in the staff report where appropriate.
Director Zuidervaart said that should the Planning Commission agree with staff the recommendation is to approve the site plan subject to the conditions of the staff report.
Commissioner Krebbs asked if this was the existing blue print and Director Zuidervaart replied that it is the blue print for the garage when it was built.
Vice-Chairman Hall asked if there were one or two fire doors and Director Zuidervaart replied that the applicant is working with the building and fire department and will need to satisfy their requirements.
Vice-Chairman Hall said that he meant if the interior wall was a fire wall and Director Zuidervaart replied that they will need to make fire resistant walls.
Commissioner Van Essen asked if the applicant will continue to reside there and if there is parking in the alley. Director Zuidervaart replied that the applicant will continue to reside and that there is no parking in the alley.
Commissioner Van Essen then asked if the only parking was on-street parking along First and Acacia Ave and Director Zuidervaart replied correct.
Applicant: Steve McPeak (419 First St) said that he was speaking for the applicant and that the applicant concurs with the findings and conditions of approval. Mr. McPeak said that the applicants are maintaining living quarters and so this is the need for the fire door separating the kitchen from the gift shop but that there is no second fire door.
Commissioner Winchell asked if it was difficult with the City rules and requirements in paving the way for converting a residence in downtown.
S. McPeak said that it is difficult and that every cost affects the pocket book and it takes time for small businesses to recoup that cost. He then said that the staff had an open door policy and it was a good process.
Commissioner Winchell said that he has not been able to read in depth everything but his brother and wife in Atwater wanted to do a residential care home and the requirements were too much and then asked why the fire door.
Commissioner Krebbs said that the fire door is required by the State of California and the building and health department and it is for the applicant’s protection. He said that he does not want to discourage small businesses.
MOTION: MOVED/SECONDED (KREBBS/VAN ESSEN) AND CARRIED BY A 4-0 VOTE (BERG/LEWIS ABSENT) TO APPROVE MAJOR SITE REVIEW (SR07-17) FOR ALBERT AND HELEN CAETANO BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF THE STAFF REPORT.
Commissioners’ Reports: None
City Attorney’s Reports: None
Director’s Reports: Director Zuidervaart said that the City is currently updating the traffic counts and will bring back a report on the data collected in January. The last traffic counts were done in 2003.
Adjournment: There being no further discussion the meeting was adjourned at 7:30 p.m. to the next regularly scheduled meeting of January 8, 2008 at 7:00 p.m.
(Signed) Stan Hall, Vice-Chairman
ATTEST:
__________________________
(Signed) Ken Zuidervaart, Secretary