RIPON PLANNING COMMISSION MINUTES
RIPON CITY HALL
TUESDAY MAY 8, 2007 - 7:00 P.M.
Pledge of Allegiance: Commissioners pledged allegiance to the flag
Roll Call: Commissioners, Donald Berg, Stan Hall, Van Essen, Mark Winchell,
Krebbs, and James Lewis
Others Present: Director Ken Zuidervaart, City Attorney Tom Terpstra, Dave
Henry, Al Zurilgen, Helen Landreth, Steve Landreth, Ginger Eskes, Tracy Crowley,
Jose Ornelia
Minutes: Approval of the minutes of the regular Ripon Planning Commission
meeting of April 10, 2007
MOTION: MOVED/SECONDED (BERG/HALL) AND CARRIED BY 3-0 VOTE (ABSTAIN: VAN ESSEN/KREBBS)
TO APPROVE THE MINUTES OF THE APRIL 10, 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.
Director Zuidervaart said that he is looking for a motion to continue this item
to the June 12, 2007 Planning Commission meeting
MOTION: MOVED/SECONDED (VAN ESSEN/HALL) AND CARRIED BY A 5-0 VOTE TO CONTINUE
ZONING TEXT AMENDMENT (TAZ07-03) TO THE JUNE 12, 2007 PLANNING COMMISSION
MEETING
1.2 TEMPORARY CONDITIONAL USE PERMIT (UPT07-01) for Wagner Woods II, LLC this is
a request to construct four single family residences as temporary model homes
with a sales office in the garage of one and an off-street parking facility
located on Werner Dr. in the R1 (Single Family Residential) district within the
Wagner Woods subdivision. This project is Categorical Exempt from CEQA.
Director Zuidervaart introduced the Staff Report into the record along with the
findings and conditions of approval. He then read the staff report comments
saying that the applicant wishes to use four (4) single-family residences as
model homes and operate a temporary sales office from the model home on lot 4 in
the Wagner Woods residential subdivision.
The construction and occupancy of the models prior to recording of the final map
is permitted in the State Map Act. The uses are consistent with the general plan
low density residential land use designation because the base use of the
properties are residential and the operation of a temporary sales office will
not substantially alter the density, traffic pattern or need for services,
especially with the construction of the temporary paved off-street parking
facility on an adjacent lot. The aesthetic character of the future neighborhood
will be maintained with the requirement for landscaping and fencing of the
models and parking facility consistent with such areas, and the prohibited
storage of building material and equipment.
The models are consistent with the zoning provisions of the R1 zone, and except
for the capture fence and the portion of one model, which will be used as the
sales office; they will not be altered so as to appear as anything but single
family residences during the tenure of the temporary use. As proposed, the
models are all typical single-family houses sited on lots in accordance with the
R1 zone regulations.
Access to the project is via Werner Drive off of Wilma Avenue (refer to attached
diagrams).
Any signage associated with this use will require separate application and
permit processing in accordance with Ripon Development Code Chapter 16.172
(Signs).
Director Zuidervaart then went through an overview of each of the proposed
models and different elevation types and asked if the Planning Commission had
any questions.
Commissioner Van Essen asked how many houses were in this subdivision and
Director Zuidervaart replied thirty. Commissioner Van Essen asked if the same
developer would be doing the high density and Director Zuidervaart replied yes.
Commissioner Krebbs asked where the apartment complex would be in relation to
this project and Director Zuidervaart indicated on the map that the apartment
complex would be location on 550 Werner Drive.
Commissioner Krebbs asked if 50% of the units would be affordable and Director
Zuidervaart replied yes; moderate, low and very low.
Commissioner Hall asked about the two lots fronting on Wilma and Director
Zuidervaart explained that these lots were retained by the property owner and
that they will be for future commercial use.
PUBLIC HEARING OPENED
Applicant Mark Fassler (5729 Sonoma Dr, Pleasanton), said that he read the staff
report and agrees with the conditions of approval. M. Fassler then presented a
colored rendering for the Commission to view.
Proponents: None
Opponents: None
PUBLIC HEARING CLOSED
MOTION: MOVED/SECONDED (KREBBS/HALL) AND CARRIED BY A 5-0 VOTE TO APPROVE
TEMPORARY CONDITIONAL USE PERMIT (UPT07-01) FOR WAGNER WOODS II, LLC BASED ON
THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL
1.3 GENERAL PLAN AMENDMENT (GP07-01)/REZONE (Z07-01) for City of Ripon, a public
hearing to consider an Amendment to the City of Ripon General Plan 2040 by
changing the General Plan Land use from LI (Light Industrial), HI (Heavy
Industrial), and CC (Community Commercial) to MU (Mixed Use) and to Rezone
properties from M1 (Light Industrial), M2 (Heavy Industrial), C2 (Community
Commercial) and HS (Highway Service) to MU (Mixed Use) located generally along
N. Frontage Rd between E. Main Street and Prospect as well as properties on
either side of Goodwin Drive west of Fulton Avenue. A Negative Declaration
(PEA07-16) is recommended for this project.
Director Zuidervaart introduced the Staff Report into the record along with the
findings. Director Zuidervaart said that this is a public hearing to amend the
General Plan land use designation and zoning classification on 37 parcels or
approximately 59 acres generally located along N. Frontage Rd between the Main
Street Over Crossing and Prospect Way as well as properties located along
Goodwin Drive located in close proximity to the Freeway. Director Zuidervaart
said that staff feels that by changing these land uses we are better positioning
these parcels for future development adjacent to the Freeway and existing
residential neighborhoods. By facilitating this change we are not making any
current parcels or businesses non-conforming, however we are allowing them more
flexibility for future potential development opportunities. He then gave
examples of uses that would be permitted in the Mixed Use District and referred
to the attached tables in the staff report.
Director Zuidervaart said that he received numerous calls regarding this rezone
and after finding out the information they were comfortable with this change.
Director Zuidervaart then presented slides of what the zone map would look like
with this change. Director Zuidervaart also discussed some of the existing
businesses that would be made legally conforming and that none would become
non-conforming with this rezone. Director Zuidervaart explained that
professional offices are not permitted in High Way Service districts but that
this rezone would allow for professional offices such as real estate offices to
exist in the Mixed Use district.
Commissioner Winchell asked if Warren Road was a private road and Director
Zuidervaart replied that it is and the City would require that these parcels
have access to their sites. He then clarified that it would not be the City’s
intent to put in a road but rather to say that there would be driveway access.
Commissioner Van Essen asked why this rezone was not done with the General Plan
Amendment before and Director Zuidervaart replied that in the last year he has
received inquiries for these properties and it was determined that with the
Heavy Industrial there was not enough land to accommodate a user and so Mixed
User would allow for more flexibility.
Commissioner Berg asked if this rezone would affect these property owners tax
base and Attorney Terpstra said that the tax base would only be affected if
development occurred or if there was a transfer of ownership of the property.
Chairman Lewis asked about the separate environmental review language in the
staff report and Director Zuidervaart explained that any future application that
would come forward would be required to go through the environmental review
process; that it would not be covered under this.
PUBLIC HEARING OPENED
Tracy Crowley (656 Lan Way) said that she lives near Fulton Ave and just wanted
to know what this change would mean for her as a home owner and Director
Zuidervaart said that what the City did was to take the residential into
consideration and that Light Industrial was a harsher zone then Mixed Use and if
someone wished to put in a Day Care they would not be permitted in Industrial
but would be permitted in Mixed Use.
Ms. Crowley said that it does not appear to be next to her residence. K.
Zuidervaart said that this would be for property that is south of Colony and
Fulton has not yet been fully developed there and so the uses will be even
further back.
PUBLIC HEARING CLOSED
Director Zuidervaart stated that with the passing of Senate Bill 18 the City
must now contact the Native American Heritage Commission whenever we do a
General Plan Amendment giving them the opportunity to request a consultation.
Commissioner Berg asked if we need what the nearest organization was and
Director Zuidervaart replied that he believed it was Mariposa and Linden. He
then explained that the City sends a notice to the State and the state then
provides a list to the City of tribes to contact. Director Zuidervaart said that
the Tribal Commission could request that language be added to our General Plan
to address situations such as what to do in the event that an artifact is
discovered during development of property.
MOTION: MOVED/SECONDED (VAN ESSEN/HALL) AND CARRIED BY A 5-0 VOTE TO RECOMMEND
THAT THE CITY COUNCIL ADOPT THE NEGATIVE DECLARATION (PEA07-16) AND APPROVE THE
CITY OF RIPON GENERAL PLAN AMENDMENT AND REZONE OF THE SPECIFIED PROPERTIES
BASED ON THE FINDINGS IN THE STAFF REPORT
2.0 GENERAL PLANNING
2.1 SET PUBLIC HEARING DATE The Planning Commission will set a public hearing
date to consider a street name change of S. Frontage Road to Garrison Way.
MOTION: MOVED/SECONDED (HALL/VAN ESSEN) AND CARRIED BY A 5-0 VOTE TO SET THE
PUBLIC HEARING DATE OF JUNE 12, 2007 TO CONSIDER RENAMING SOUTH FRONTAGE ROAD TO
GARRISON WAY.
Commissioners= Reports: Commissioner Krebbs asked the other members of the
Planning Commission if they would like to consider looking at the possibility of
establishing design criteria for Commercial Development. Commissioner Krebbs
stated that the City of Danville has established a design criteria providing the
developer with several options to create a theme look for their Commercial
Development. Commissioner Krebbs said that we would also want to make sure we
have grandfather clause for existing buildings. Director Zuidervaart said that
he would bring this suggestion up at the next City Council meeting to see if
they would be interested in having Staff research other Cities on this.
Commissioner Van Essen encouraged all members of the Commission to attend the
luncheon at Bethany Home regarding “Caring for our Seniors”.
City Attorney's Reports: None
Director's Reports: None
Adjournment: There being no further business the meeting was adjourned at 7:45
P.M. to the next regular meeting of Tuesday, June 12, 2007 at 7:00 P.M.
(Signed) James Lewis, Chairman
ATTEST:
____________________ ______
(Signed) Ken Zuidervaart, Secretary