Pledge of Allegiance:  Commissioners pledged allegiance to the flag

Roll Call: Commissioners, Donald Berg, Stan Hall, Mark Winchell, and James Lewis

Absent:  Commissioners Debra Van Essen and Garry Krebbs

Others Present:  Director Ken Zuidervaart, City Attorney Tom Terpstra, Loraine Goff, Bernice Finley, Gerry Nies, Ginger Eskes, Vice-Mayor Chuck Winn, Trevor Zuidervaart

Minutes:  Approval of the minutes of the regular Ripon Planning Commission meeting of March 13, 2007

MOTION:  MOVED/SECONDED (HALL/WINCHELL) AND CARRIED BY ALL (ABSENT: VAN ESSEN/KREBBS) TO APPROVE THE MINUTES OF THE MARCH 13, 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

1.1       ZONING TEXT AMENDMENT (TAZ07-03) for City of Ripon, a public hearing to consider an amendment to Title 16 (Development Code) by adding Chapter 16.218 Relating to Amnesty.  A Negative Declaration (PEA07-13) is recommended for this project.

MOTION:  MOVED/SECONDED (HALL/WINCHELL) AND CARRIED BY A 4-0 VOTE (VAN ESSEN/KREBBS – ABSENT) TO CONTINUE ZONING TEXT AMENDMENT (TAZ07-03) TO THE MAY 8, 2007 PLANNING COMMISSION MEETING

2.0       GENERAL PLANNING

2.1       ABANDONMENT OF BEVERLEY PLACE (AB07-01) 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 and said that this was being done as a result of a Site Review by Aqua Pools for a project at the old dog food plant.  Director Zuidervaart said one of the conditions was to tear down the old silos and another one of the conditions of approval was to perform a lot merger and to abandon the remainder of Beverly Place.

            Director Zuidervaart said that on March 6, 2007 the City Council directed staff to commence with the abandonment proceedings for the right-of-way, and in this process the Planning Commission is required to review the proposed action to determine if it conforms to the General Plan, and then render a written report to the City Council.

            Director Zuidervaart said that as this portion of Beverly Place is not used for access to the properties fronting on the street, staff feels that its abandonment would not adversely affect the general vehicular and pedestrian circulation in the area.  Staff feels that the Commission can make the findings.

            Commissioner Winchell said that he drove by the location and he could not tell were Beverly Place was.

            Director Zuidervaart replied that this road has been out of commission for the last thirty years.

            Commissioner Winchell asked about the rest of Beverly Place and Director Zuidervaart replied that it was abandoned some time ago.

            Commissioner Hall asked about access to the other parcels and Director Zuidervaart replied that the other parcels have been merged and so they have street frontage and there will be no land-lock parcels.

            Commissioner Berg asked who prepares the written report to the City Council and Director Zuidervaart said that the Commission would vote and then he would write the report for the City Council.

            Chairman Lewis asked what would happen to the abandoned street property.

            Director Zuidervaart explained that the City is required to research where the property originally came from and give it back to the respective property owners.  The street is forty feet wide and twenty feet will go to the property owner on the east, Mr. Townsend and twenty feet will go to the property owner on the west, Mr. Sanders.

            Commissioner Hall asked if the City had paid for this property at one time to get the street and Director Zuidervaart replied that he did not find any record to that effect and then added that this abandonment is at the request of the City to get this property cleaned up.

            Chairman Lewis said that he can’t imagine that there would be any value to this property anyway.

            MOTION:  MOVED/SECONDED (BERG/HALL) AND CARRIED BY A 4-0 VOTE (VAN ESSEN/KREBBS – ABSENT) TO SUBMIT A WRITTEN DETERMINATION TO THE CITY COUNCIL THAT THE LOCATION, PURPOSE, AND EXTENT OF THE PROPOSED ABANDONMENT CONFORMS TO THE GENERAL PLAN

2.2       SET PUBLIC HEARING DATE The Commission will set a public hearing date to consider a Rezone and General Plan Amendment for certain properties located along N. Frontage Road and Goodwin Drive.

Director Zuidervaart introduced the staff report into the record and said that various properties located in the North Pointe, Ripona, and Manley Planning Districts are currently zoned M1 (Light Industrial), M2 (Heavy Industrial) and C2 (Community Commercial).  Director Zuidervaart said that after reviewing the current zoning, and researching various land uses typically associated with development along major Highways and Freeways, staff feels that these properties are more suitable for development as MU (Mixed Use).  Director Zuidervaart explained that this specific type of zoning would provide more flexibility for potential future developers, as well as allow existing businesses already located in these districts to remain as legal conforming uses.

            Planner Zuidervaart said that it is staffs recommendation that the Planning Commission set the public hearing date of May 8, 2007 for the General Plan Amendment and Rezone.

            MOTION:  MOVED/SECONDED (HALL/WINCHELL) AND CARRIED BY A 4-0 VOTE (VAN ESSEN/KREBBS – ABSENT) TO SET THE PUBLIC HEARING DATE OF MAY 8, 2007 FOR THE GENERAL PLAN AMENDMENT AND REZONE

Commissioners= Reports:  Commissioner Winchell said that he and his wife were recently in Modesto and noticed a large number of people standing on the street with hand-held signs.  He said that some of the signs were for businesses that have been established for years and is concerned that this could become a problem in Ripon too.  Commissioner Winchell said that there are also vehicles with billboards attached to the trailers and would like to see if we could eliminate this in Ripon.  Commissioner Winchell said that he is not opposed to temporary advertising for a new business.

Chairman Lewis asked if our sign ordinance addresses some of these items and Director Zuidervaart said that Commissioner Winchell had recently come in to his office to discuss this matter and although the City’s sign ordinance does address flashing or moving signs it does not address the particular issue of people standing on the corners with hand held signs.  The ordinance states that there can be no signs placed in any public right of way and that any sign that flashes, moves, or blinks is prohibited.

Attorney Terpstra said that Ripon already have people signs in Ripon today and said that he is not sure if we can find a sample of how other Cities address this issue.  Attorney Terpstra said that the Planning Commission or City Council can give staff direction to look into this.

Attorney Terpstra said that some time was spent in the code enforcement meeting today on trailers and vehicles that have signs.  He said that when the whole truck is an advertisement, this can be addressed because it is being used only for advertising the business and not a work vehicle.

Commissioner Winchell said that he has seen several different types of moving signs, one was a triangle shape vehicle another was truck with a 20’ bed that had a rolling sign in the bed of the truck.

Chairman Lewis said that he does not have a strong feeling against these vehicles unless they create a nuisance.  If we want to have staff look at this we need to put it on the next month’s agenda.

Commissioner Hall said that he is also somewhat neutral to this as if they are moving they are not a concern to him.  It is when they are parked somewhere.

Attorney Terpstra said that he knows that the Code Enforcement would like the Planning Commission to look at the sign ordinance anyway.

Chairman Lewis said that he would like to get a feel for how the Community feels about these different signs.

Commissioner Winchell said that Ripon does not currently have a problem but as we grow it could become a problem and visual pollution.

Commissioner Berg said that he sees these sign people in Modesto all the time and they do not bother him.  He then said that these people make next to nothing to do this job and they must need the money to do it.

Ms. Eskes asked about taco trucks and Commissioner Winchell said that he is not opposed to signs on actual work trucks; he is talking about rolling advertisements.

City Attorney=s Reports:  Attorney Terpstra announced that he has started his own Law Firm in Ripon and gave a brief history of his law practice saying that he has worked for Herum Crabtree for seventeen years and has been practicing law since 1989.  He said that he is looking forward to having his office in Ripon and has asked the City Council to enter into an agreement with him to continue as the City Attorney and that he has been the City Attorney for the City of Ripon since February, 1993.  Attorney Terpstra said that his new office will open on Monday, April 16^th on N. Wilma Ave in the Horizon Business Park.

Chairman Lewis asked if Stacy Guthmiller would be staying at Herum Crabtree and Attorney Terpstra replied yes, that she is a very bright attorney and would have many more opportunities at Herum Crabtree for advancement and litigation.  Attorney Terpstra said that for the foreseeable future he will be attending the Planning Commission meetings.

Director=s Reports: Director Zuidervaart said that the next Planning Commission meeting would be held in the new Council Chambers and that there will be a workshop at the next City Council Meeting for training on the touch screen voting panels and the Planning Commission is invited to attend.

Adjournment:   There being no further business the meeting was adjourned at 7:35 P.M. to the next regular meeting of Tuesday, May 8, 2007 at 7:00 P.M.

(Signed) James Lewis, Chairman             

ATTEST:  

____________________   ______

(Signed) Ken Zuidervaart, Secretary