RIPON PLANNING COMMISSION MINUTES
RIPON CITY HALL
TUESDAY SEPTEMBER 11, 2007 - 7:00 P.M.
Pledge of Allegiance: Commissioners pledged allegiance to the flag
Roll Call: Commissioners Debra Van Essen, Mark Winchell, Garry Krebbs, Donald Berg, Stan Hall, and James Lewis
Others Present: Director Ken Zuidervaart, City Attorney Tom Terpstra, Telma & Taryn Weatherford, Sharon Butler, Gerry Nies, Jon Garzoli, Steve McPeak, Helen & Al Caetano, Ginger Eskes, Bob & Marge Imfeld, Gaynl Trotter
Minutes: Approval of the minutes of the regular Ripon Planning Commission meeting of June 12, 2007
MOTION: MOVED/SECONDED (BERG/VAN ESSEN) AND CARRIED BY A 5-0 VOTE TO APPROVE THE MINUTES OF THE JUNE 12, 2007 PLANNING COMMISSION MEETING
Public Discussion: Chairman Lewis explained the public discussion process and asked if anyone would like to speak.
No one wished to speak at this time.
1.0 PUBLIC HEARING
Chairman Lewis explained the public hearing process.
1.1 REZONE (Z07-03) for Albert Caetano and The City of Ripon, a public hearing on a request to rezone certain properties located in the Urban Core from PO (Professional Office), R4 (High Density Residential) and R1UC (Single-Family Residential Urban Core) to C3 (Central Business District) located at 442, 430 W. Main St, 403, 411, 419, 427, 436, 428, 420, 412 First St., 132 S. Acacia Ave. and 219 S. Elm Ave. A Negative Declaration (PEA07-29) is recommended for this project.
Director Zuidervaart introduced the Staff Report into the record along with the findings and conditions of approval. Director Zuidervaart said that The request is to rezone certain properties located along First Street and Main Street between Elm Avenue and Acacia Avenue, from residential uses and professional office uses to C3 (Central Business District). The proposed rezone would actually allow all of the existing uses, such as residential and professional offices, to remain intact as conforming uses within the newly proposed C3 zone. As with any rezone, property cannot be rezoned as to create “spot zoning”, for example C3 zoning in the middle of residential. Any parcel must be contiguous with the zone to which they wish to be rezoned to. Therefore, in looking at the current C3 district in relation to the actual applicant’s parcel for rezoning, the applicant was told that in order to rezone their property they would at least need to rezone the north side of First Street from Elm Avenue to Acacia Avenue.
Director Zuidervaart then said that on August 20, 2007, a meeting was held with the Downtown Committee to review the project. At that time, and after looking at our current C3 zone, it was recommended that the rezone application should also include the property on the south side of First Street and the Professional Offices on Main Street, which are currently the old library and the Remax Building. This would not only square off the C3 district, it would also match the parameters of the C3 district located only one block east, with the alley between First and Second Streets providing the zoning borders.
Director Zuidervaart stated that letters were sent to all property owners involved in the potential rezone, and a copy of the letter has been attached to this staff report for your reference. All residences and property owners within a 300 foot radius of the project were also notified of the potential rezone project and the date of the Public Hearing for the project. The public hearing notice for this project was also published in the paper.
Rezoning the properties does not in any way constitute or guarantee approval for any projects within the rezone area. Any and all proposed future projects will have to process the appropriate applications through the City of Ripon for separate consideration for approval.
Director Zuidervaart said that on August 27, 2007, a meeting was held with the project review committee to review the project and discuss concerns and conditions of approval. There were no comments received at the meeting and no comments were received through the mail and or through phone calls.
Director Zuidervaart said that a Negative declaration has been prepared for this project and should the Planning Commission agree with staff’s recommendation, the following motion would be appropriate. The Planning Commission recommends that the City Council approve the rezone of the properties, based on the findings, and adopt the Negative Declaration.
Commissioner Van Essen asked if the C3 rezone would include the PO and if there were no issues from any existing businesses. Director Zuidervaart replied that it does include the Professional Offices and it would allow residential in C3. Most uses would require a site review but more intense uses would require a use permit.
Commissioner Van Essen asked if we could potentially have Commercial with residential and Director Zuidervaart replied yes.
Commissioner Winchell asked if this would have any affect on property values and Director Zuidervaart replied that he is not a property expert but this would allow more uses and would think that it would increase property values.
PUBLIC HEARING OPENED
Applicant: Steve McPeak said that he resides at 419 W. First St and is speaking on behalf of the applicant. He said that he would like to express his approval of this application. He then said that in answer to Commissioner Winchell’s question, the rezone would increase the value of the properties. He then said that this would be beneficial for the City to help revitalize our downtown. He said that a large amount of support was brought up to do this and the City chose to expand on the application.
Commissioner Van Essen asked if there was a particular business going in to this location and Mr. McPeak replied yes, that the Tank House Gift Shop was expanding.
Proponents:
Marge Imfeld, (17477 E. Hwy 120) said that she is the owner of the building located at 422 W. Main Street and said that the expansion enhances their building. She then said that her only concern is for those that have existing residential units. She said that if they resale and get fire insurance it might be a concern.
Opponents:
Gaynl Trotter (428 Orange Ave) said that if this zoning designation changes she is frightened that it will change the character of the neighborhood. She said that some homes on First are considered historical for Ripon. Mrs. Trotter said that she grew up on Palm and she considers this section as historical residential. Mrs. Trotter said that it is important to keep these houses. She said that Ripon has already lost eight houses because of Calvary’s Vision and we may lose twelve more by this change. Mrs. Trotter said that when Gary Medeiros bought the home on First Street they had planned to keep it as a residence but because of ada requirements they had to tear it down; although they put up something that fits in the neighborhood. Mrs. Trotter asked what guarantees that a tire shop or another nail salon and a K-Mart won’t go in there. She then said that this C3 zoning change is not necessary or desirable for this change. Mrs. Trotter said that Ken said that the City wants to create a neat square but what about creating a neat square of residential.
Taryn Weatherford (412 First St) said that she is the third generation living in her house and it is a home, not a business. Ms. Weatherford said that she does not want to see a nail salon go in by her. Ms. Weatherford said that she is currently surrounded by flowers. She then asked where the customers for businesses are going to park. Ms. Weatherford asked that the residences on the south side of First Street stay residential.
Sharon Butler (488 W. Santos) said that she would like to rebut what Mrs. Trotter said. Mrs. Butler said that Gary Medeiros did not buy the house, she and her husband did. Mrs. Butler said that they did not intend to tear the house down but it was in bad repair and was too expensive. She questioned where the customers for this new business are going to park. She said that they were required to tear down a building in order to provide parking for their building.
Commissioner Van Essen said that this hearing is not for a site plan for that business it is only for a rezone. Director Zuidervaart replied that this is correct; the applicant will have to come back for a site plan approval.
Mrs. Butler said that she thinks that expanding the C3 is necessary for the growth of Ripon.
Terry Weatherford (412 First St) said that she is opposed to rezoning the south side of First Street but is o.k. with the north side being rezoned.
John Garzoli (1578 Calhoun Ave) said that as pointed out in the staff report the Planning Commission must come up with the findings and that he does not think this rezone is consistent with the General Plan. Mr. Garzoli said that the Sprint Building is out of control and he does not think that the City has enough policies in place to enforce this. Mr. Garzoli said that the General Plan says that business are integrated. Mr. Garzoli said that the City needs to adopt a design plan for this area. Mr. Garzoli also said that the General Plan calls for neighborhood preservation. Mr. Garzoli also said that in the Development Code it says that the City will provide appropriate Commercial areas as required by the citizens of the City and we will provide adequate space to meet the growth of Commercial. Mr. Garzoli said that we need to make sure we provide adequate parking and this plan appears to be haphazard zoning. Mr. Garzoli then said that Title 16 also says that we will protect the public health and safety of our residents and there are a number of uses allowed in C3 that would not do this. He said that until we have a better plan out there we could conditionally rezone it. Mr. Garzoli said that we should think about it more and limit C3 conditionally. Mr. Garzoli also said that C3 has setback requirements that we need to consider and he does not think that we have met the General Plan requirement to provide for the preservation of historical buildings.
Rebuttal:
Mr. McPeak said that he believes the downtown restructuring has been done very well and that the new building put up enhances the neighborhood. Mr. McPeak said that while C3 allows for multi uses, it doesn’t eliminate residential uses. Mr. McPeak said that if you go all the way down to Stockton on First there is residential still there.
He thanked the Planning Commission for considering their application.
PUBLIC HEARING CLOSED
Commission Van Essen said that Old does not mean historical value. She then said that she does agree with the importance of keeping with the character of the neighborhood. Commissioner Van Essen said that if you go to other downtowns they have more than one street of Commercial. She said that she has always promoted multi-uses. Commissioner Van Essen said that she is not on the downtown committee and so she does not know the degree of thought that was put into this.
Commissioner Hall said that he lives in the R1UC zone and would like to see that maintained. He said that he can see the professional offices changed to C3, and although he is for changing the R4, he would like to see the R1UC remain as residential.
Commissioner Krebbs said that he walks down First Street several times a week and the only way to save some of the homes in the future is by commercial wanting to come in and revitalize those homes. He said that this is what saved a lot of old homes in small towns; they were turned into gift shops and such. He said that it can be a positive not a negative thing. Commissioner Krebbs said that parking is an issue and he does not want to see a structure demolished to make way for parking. Commissioner Krebbs said that offices do not require a lot of parking. He said that in the long run, if we are going to maintain that area it is best done by rezoning it C3.
Commissioner Winchell said that C3 is already there and we need to consider a design plan to keep with a theme for the area.
Chairman Lewis said that in looking at the staff report the Caetanos wanted to rezone the north side of First Street. Chairman Lewis said that we should take the residents thoughts into consideration and maybe we don’t need a perfect square. Chairman Lewis suggested that we rezone only the north side of First Street and the professional offices and provide some protection with a modified C3.
Director Zuidervaart said that we would have to create a Special District that has different uses.
Chairman Lewis said that maybe C3 is the best way to do it.
Commissioner Krebbs said that he would like to approve the C3. He then said that when businesses come in they have to come before the Planning Commission at that time and we can determine what is best. Commissioner Krebbs said that whatever we do here tonight; it is not put in concrete. The best possible solution is to have C3 on the north side of First Street.
Commissioner Van Essen said that she is in agreement with Commissioner Krebbs. She then said that with regards to the parking; there is an alley there.
Director Zuidervaart said that he would like to add one note and that is like the barber shop, each business is looked at on an individual basis for intensity of use and parking requirements.
MOTION: MOVED/SECONDED (HALL/VAN ESSEN) AND CARRIED BY A 5-0 VOTE TO RECOMMEND THAT THE CITY COUNCIL MODIFY THE REZONE TO ONLY INCLUDE THE PROPERTIES ON THE NORTH SIDE OF FIRST STREET AND THE TWO BUILDINGS ON W MAIN STREET TO BE REZONED TO CENTRAL BUSINESS DISTRICT (C3) AND TO ADOPT THE NEGATIVE DECLARATION (PEA07-29) BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF THE STAFF REPORT
2.0 GENERAL PLANNING
2.1 ABANDONMENT OF PARTIAL CUL-DE-SAC ON PARALLEL AVE (AB07-02) The Commission will determine if the abandonment is consistent with the goals and policies of the General Plan 2040 and make a written report to the City Council on its findings. This project is Categorical Exempt from CEQA.
Director Zuidervaart introduced the Staff report into the record. He then said that as with any abandonment the Planning Commission is asked to submit a written report to the City Council. He then said that the City Council at its regular meeting on July 3, 2007 initiated the consideration of the abandonment of the partial bulb on Parallel Ave and referred the matter to the Planning Commission. The Planning Commission is to determine if the abandonment is consistent with the goals and policies of the general Plan and make a written report to the Council on it findings.
Director Zuidervaart said that there was a project that was approved on Parallel Avenue some time ago and as part of their condition of approval they were required to do a lot line adjustment and process this abandonment.
Commissioner Van Essen asked if there was anything on this property and Director Zuidervaart replied that this is where a Light Industrial project was going to go.
MOTION: MOVED/SECONDED (HALL/KREBBS) AND CARRIED BY A 5-0 VOTE TO APPROVE AND SUBMIT A WRITTEN REPORT TO THE CITY COUNCIL DETERMINING THAT THE ABANDONMENT OF THE PARTIAL BULB ON PARALLEL AVENUE IS CONSISTENT WITH THE GENERAL PLAN GOALS AND POLICIES.
Commissioners' Reports: None
City Attorney's Reports: None
Director's Reports: Director Zuidervaart said that there are several projects coming for the October Planning Commission meeting. There are three Major Site Reviews, two use permits, one lot line adjustment and a parcel map.
Director Zuidervaart then said that the downtown committee will be hearing a presentation by a consultant for the express purpose of looking at our downtown. The downtown Committee is concerned with businesses moving out of our downtown. One of the items being looked at by the committee is bringing a consultant on board. The presentation is being held at noon and is open to the public.
Director Zuidervaart then said that in an effort to save paper Planning would like to do double side the staff reports.
Adjournment: There being no further discussion the meeting was adjourned at 8:00 p.m. to the next regularly scheduled meeting of October 9, 2007
(Signed) James Lewis, Chairman
ATTEST:
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(Signed) Ken Zuidervaart, Secretary