RIPON PLANNING COMMISSION MINUTES
RIPON CITY HALL
TUESDAY JUNE 12, 2007 - 7:00 P.M.
Pledge of Allegiance: Commissioners pledged allegiance to the flag
Roll Call: Commissioners, Stan Hall, Debra Van Essen, Mark Winchell, Garry
Krebbs, Donald Berg, and James Lewis
Others Present: Director Ken Zuidervaart, City Attorney Tom Terpstra, Gerry Nies,
Ginger Eskes, Anne Reinhart, Balaji Angle
Minutes: Approval of the minutes of the regular Ripon Planning Commission
meeting of May 8, 2007
MOTION: MOVED/SECONDED (HALL/VAN ESSEN) AND CARRIED BY A 5-0 VOTE TO APPROVE THE
MINUTES OF THE MAY 8, 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.
A. CONSENT CALENDAR
A.1 LOT LINE ADJUSTMENT (LA07-01) for Ronald Guntert, this is a request to
adjust the lot lines between three parcels under the same ownership for future
development. This project is Categorical Exempt from CEQA.
A.2 LOT LINE ADJUSTMENT (LA07-02) for Hughes Commercial Real Estate, this is a
request to adjust the lot lines between two parcels under the same ownership in
compliance with condition of Major Site Review (SR05-07). This project is
Categorical Exempt from CEQA.
MOTION: MOVED/SECONDED (KREBBS/HALL) AND CARRIED BY A 5-0 VOTE TO APPROVE LOT
LINE ADJUSTMENT (LA07-01) FOR RONALD GUNTERT AND LOT LINE ADJUSTMENT (LA07-02)
FOR HUGHES COMMERCIAL REAL ESTATE SUBJECT TO THE CONDITIONS OF THE STAFF REPORT
1.0 PUBLIC HEARING
Chairman Lewis explained the public hearing process.
1.1 CONDITIONAL USE PERMIT (UP07-02) for Michael Matthews, a public hearing on a
request to construct a 242 square foot (more or less) detached pool house to
allow it to be placed within three feet of the rear property line located at
1152 Thomas Ct. in the R1 (Single Family Residential) district. This project is
Categorical Exempt from CEQA.
Chairman Lewis said that he had a personal conflict and left the room for this
project. Vice Chairman Hall took the lead on this matter.
Director Zuidervaart introduced the staff report into the record along with the
findings and conditions of approval. Planner Zuidervaart said that it is a
request to construct a 242 square foot detached pool house to within three feet
of the rear property line and said that the City’s current code allows for
detached accessory buildings, such as a pool house to be constructed on any lot
by just obtaining a building permit so long as they meet the minimum required
setbacks. The setbacks for such structures are three feet from a side property
line and ten feet from a rear property line. Director Zuidervaart said that a
structure can be closer to the rear property line, up to three feet but that
they must obtain a Use Permit which is why this application is before the
Commission tonight.
Director Zuidervaart said that the applicant has submitted plans which shows
that there are no windows or lights that would overlook or reflect upon his
neighbors’ property. The pool house would be constructed having either stucco or
wood siding and a composition roof to match the existing residence.
Director Zuidervaart said that the applicant has also submitted letters of
approval from sever of his neighbors directly adjacent to his property, and all
neighbors within 300 feet have received a notice for this Public Hearing
concerning the proposed project.
Director Zuidervaart then said that it is staff’s recommendation that the
Planning Commission approve the Conditional Use Permit based on the findings and
subject to the conditions in the staff report.
Commissioner Berg questioned why there was not letter of approval from the
resident at 1139 or 1131Kathy Ct and that he noticed that 1131 address was not
on the mailing list. Director Zuidervaart explained that some of the property
owners have different mailing addresses then the address on the residence.
Commissioner Van Essen asked if the Fire Depart was O.K. with this structure
being three feet from the rear property line and Director Zuidervaart replied
that the Fire Department was at the Project Review meeting and they only need
three feet to get around and are not concerned.
Commissioner Van Essen asked if there would be an air conditioning unit
installed in this structure and Director Zuidervaart referred this question to
the applicant.
PUBLIC HEARING OPENED
Applicant Michael Matthews (1152 Thomas Ct) said that he had asked his neighbors
who had visual access to his yard for a letter of their approval. He said that
he had contact with all the neighbors except for the rear neighbor because he
was in Arizona at the time and just returned a couple of days ago. M. Mathews
said that upon his neighbors return, he asked him to come over and the neighbor
is O.K. with the building. The neighbor said that if needed, he would write a
letter to the Commission as well. M. Matthews said that the pool house will not
have an air conditioning unit, only a ceiling fan. M. Matthews also said that he
has consulted with the building department and several builders to ensure that
all is done correctly.
Commissioner Krebbs asked if this structure was a shade structure or if it
contained walls and M. Matthews replied that it is a building but there are no
living quarters.
Commissioner Berg asked the applicant if this subdivision has CC&R’s and M.
Matthews replied that he was not aware of any. Commissioner Van Essen
interjected that she does not believe that they have CC&R’s in this
neighborhood. Commissioner Berg then suggested that M. Matthews verify this so
he does not run into any problems in the future.
Commissioner Krebbs asked M. Matthews if he would object to language being added
to ensure that he not put anything in the three feet area between the structure
and the fence and M. Matthews said that he was O.K. with this condition.
Director Zuidervaart commented that this is already a basic requirement but that
the Commission can include this language.
Commissioner Hall asked how close the nearest buildings are to the proposed
structure and M. Matthews replied that several of his neighbors have sheds at
are under the 120 square foot requirement that are within three feet of the
fence line.
No one wished to speak for or against the project
PUBLIC HEARING CLOSED
Commissioner Krebbs said that if the Fire Department is O.K. with the setback
and the neighbors are O.K. then there should not be an issue. He then said that
he would like to add the requested condition that nothing be placed in the three
foot area between the building and the fence.
Commissioner Van Essen said that her concern was the structure being an irritant
to the neighbors but that the neighbors seem O.K. with this.
MOTION: MOVED/SECONDED (KREBBS/VAN ESSEN) AND CARRIED BY A 4-0 VOTE
(LEWIS-ABSTAIN) TO APPROVE CONDITIONAL USE PERMIT (UP07-02) FOR MICHAEL MATTHEWS
BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS WITH THE ADDED CONDITION
THAT NOTHING BE PLACED WITHIN THE THREE FOOT AREA BETWEEN THE STRUCTURE AND THE
FENCE.
Chairman Lewis then rejoined the meeting.
1.2 CONDITIONAL USE PERMIT (UP07-03) for Ripon Hospitality, LLC a public hearing
on a request to construct a 50,000 square foot (more or less); three- story;
85-room hotel with guest amenities located on a 2.26 acre (more or less) parcel
at 333 E. Main Street in the C4 (Highway Service) district. A Negative
Declaration (PEA07-19) 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 applicant is requesting to construct a 50,124
square foot, three story, 85 room Country Inn and Suites Hotel in the highway
service district along with conference rooms, a swimming pool and spa, an
exercise room, off street parking facility and landscaping on a 2.85 acre site.
Director Zuidervaart explained that this site had previously had a use permit
for an 85-room hotel in 2003 but that the use permit had expired and so this is
the reason for the re-submittal.
Director Zuidervaart said that the hotel also features a breakfast area,
conference meeting rooms, and guest laundry facility. The hotel provides a
combination of suites which have separate living and sleeping areas and regular
hotel rooms.
Director Zuidervaart then described the exterior of the building and the roof
structure. Director Zuidervaart said that all windows will be sound rated with a
sound transmission STC47 rating which will help reduce any noise that could
occur because of the proximity to the freeway.
Director Zuidervaart said that there will be 91 total parking stalls of which
(77) will be standard, (5) will be handicap, (9) will be compact and (2) will be
RV parking. Director Zuidervaart said that the parking stalls meet the new City
Standards.
Director Zuidervaart said that access to the site is by two commercial driveway
approaches, both onto E. Main Street which will allow for a continuous
circulation through the site. Director Zuidervaart said that the trash enclosure
is located in the parking lot behind the Shell Station and will be designed and
constructed per City of Ripon standard requirements for such structures.
Director Zuidervaart then said that there is 17% landscaping which exceeds the
City’s minimum requirements.
Director Zuidervaart said that also indicated on the site plan located behind
the Shell Station is a proposed storm water detention basin, which will be
enclosed by a six foot wrought iron fence. The applicant is considering under
grounding this detention basin. Director Zuidervaart said that the
infrastructure for storm water located on East Main Street in front of this
site, does not allow for adequate storm drainage for this site no matter what
the usage and so the applicant is being required to construct a storm water
detention basin along with a storm water pump station. Director Zuidervaart
explained that the site will drain to this detention basin during storm events,
and will then be pumped down via a storm water force main that will be bored
through the over crossing and connect with the storm drainage system on the
opposite side. Director Zuidervaart said that the applicant will be required to
acquire the appropriate encroachment permits from Caltrans to perform this work
within their right-of-way.
Director Zuidervaart said that a meeting was held with the project review
committee to review the project and comments received at the meeting and those
received through the mail and or phone calls have been incorporated in the
Conditions of Approval, where appropriate.
Director Zuidervaart said that a phone call was received from Caltrans regarding
traffic concerns for the project in regards to State Route 99, specifically the
northbound on and off ramps of the Main Street over crossing and staff believes
that such traffic concerns have been researched through the City of Ripon
General Plan 2040 EIR, and have been addressed with our Public Facilities
Finance Plan in which the City is collecting somewhere in the neighborhood of 14
million dollars for improvements to this over crossing, including the on and off
ramps. Director Zuidervaart said that the Main Street over crossing is also a
project within the Measure K renewal expenditure plan in which the City will
receive additional funding above and beyond the above mentioned 14 million, to
assist in these improvements. Director Zuidervaart said that staff feels that
Caltrans concerns have been adequately addressed through the collection of our
Development Fees and the Measure K renewal project.
Director Zuidervaart then said that per Government Code, an applicant for a
development project must consult the Cortese List, and include in its
application a statement indicating whether the project site is on the Cortese
List. Director Zuidervaart explained that the Cortese List is a list of all
known hazard waste and substances sites from the Department of Toxic Substances
Control. The applicant has consulted this list and their project site is not on
this list.
Director Zuidervaart then said that staff recommends approval of the project and
adoption of the Negative Declaration subject to the conditions in the staff
report.
Commissioner Van Essen asked if this was the same applicant as the first time
and Director Zuidervaart said that there is now a different owner of the
property.
Commissioner Krebbs asked about the Measure K funding and Director Zuidervaart
replied that it is on the current plan that is being worked out now and the work
will be done in the future.
Commissioner Krebbs asked if the applicant will video the existing sewer line
and Director Zuidervaart replied yes, that there have been issues with this line
in the past although it has been cleared. Director Zuidervaart then said that
the applicant will also be required to do sewer calculations to ensure the line
is adequate.
Commissioner Krebbs asked if the line was just obstructed or damaged and
Director Zuidervaart replied that it was obstructed.
Commissioner Berg asked is the road improvements would be done with the project
or down the road and Director Zuidervaart replied that we are collecting the
fees now and the improvements will be done when the City feels they are
necessary.
Commissioner Hall asked if the applicant meets the lot coverage and Director
Zuidervaart replied that the building covers 50% of the lot and this is within
the code.
Commissioner Krebbs said that this site plan is not much different from the
previous site plan and Director Zuidervaart replied that this is correct except
for the requirements to video the lines and for defibrillators being required on
each floor)
PUBLIC HEARING OPENED
Applicant Ken Fong, TKF and Associates (1450 Halyard Drive, Sacramento) said
that he was the original architect on the first application. K. Fong said that
this first permit had expired and so this is why they are back before the
Commission. K. Fong said that with the first application they were requesting a
Quality Inn and Suites but later changed to a County Inn & Suites franchise. K.
Fong said that they are hoping to start construction before the year is over.
K. Fong said that they are in agreement with the conditions of staff report and
have redesigned the parking lot from the original plan to meet the Cities new
parking standards. K. Fong said that he would be happy to answer any questions
that the Commission might have.
Commission Hall asked if they are planning on having any pull through stalls and
K. Fong replied that they have set aside some RV parking spaces. He then said
that they may remove the detention pond for more parking in the future.
Commissioner Winchell asked about the breakfast area and K. Fong replied that it
is for continental breakfast only and not a restaurant.
Chairman Lewis asked if the Country Inn and Suites was owner affiliated and K.
Fong replied that it is a franchise.
Chairman Lewis asked if Country Inn and Suites was affiliated with a larger
hotel chain and K. Fong replied yes but that he could not recall the name at
this moment.
Proponents: Bali Ranchold (American USA Homes, Stockton) said that he took over
the project from Mr. den Dulk and he would like to move quickly because Mr. den
Dulk if very ill and he would like to have this project done for him as it was
his dream. B. Ranchold said that County Inn and Suites is part of the Carlson’s
Hotels. B. Ranchold said that most of the other franchises are not available in
Ripon due to the close proximity to the other hotels in the neighboring towns.
B. Ranchold said that he is also involved in the seven acre parcel located off
of Jack Tone Road and they hope to put a hotel on that site also in the future.
Balaji Angle said that he is the owner of the Ripon Shell station and he is here
to express his support for this project.
Opponents: Ann Reinhart (Livermore, CA) said that she is not against the project
but rather is concerned about the sewage constraints. A. Reinhart said that she
is the owner of the neighboring apartments and that there have been sewer
problems because the lines are too low. A. Reinhart said that she had initially
spoken with the previous property owner when the project first came before the
Commission and he said that he was unaware that there was a sewer problem. A.
Reinhart said that she had asked the previous person about putting in a vault, a
larger line or a pump. A. Reinhart said that she has been a good neighbor and
she does not want to have the residents concerned about sewage backing up onto
their property.
Chairman Lewis asked what A. Reinhart was basing her suggestion of a pump on and
A. Reinhart replied that she also has rental property in Oakland with lower
lines and they have a pump. She said that she wants to make sure that their
sewage goes over Hwy 99 and would like consideration for them.
Commissioner Winchell asked when the last time that there was a problem and A.
Reinhart replied it was probably a year ago. Commissioner Winchell said that if
the problem still existed it would be a problem for the hotel too.
Commissioner Van Essen asked if we are cutting into the over crossing for the
storm drain, can we do something for the sewage at the same time.
Director Zuidervaart said that the sewer calculations will be run. Director
Zuidervaart referred the issue to the Public Works Director Ted Johnston.
T. Johnston said that there had been a problem with the sewer lines when Nestles
demolished their plant as slurry got in the lines and clogged the lines up. T.
Johnston said that after the problem was determined, Nestle’s came in and
replaced the line. There has only been one problem since this time. T. Johnston
said that this is why the condition has been put on the application to video the
line so if there are any issues they can be resolved. T. Johnston said that
staff feels that the line is adequate.
Chairman Lewis asked what if everyone flushed their toilets at the same time;
would it cause a backup and T. Johnston said that this is taken into
consideration and a 12’ line can handle this capacity.
Chairman Lewis asked if the line flows from south to north and T. Johnston
replied no, that it flows from north to south so the flow goes toward the Shell
station.
Commissioner Winchell asked, worse case scenario, is there a plan B and what the
consequences are.
T. Johnston replied that if a 12” line is overloaded then they would have to go
to a 14” line but that a 12” line is adequate. He again said that the past
problem with the sewage line has been addressed.
Commissioner Hall asked if this was a gravity main and T. Johnston replied yes,
that there is one pump at the sewer ponds.
Commissioner Berg asked if we know what the cause of the problem was a year ago.
Mark Beeson (164 N. Frontage Rd) said that he is the property manager for the
apartments and he is not sure what the problem was at that time but in the past
the sewage had backed up into the yard. M. Beeson said that their lines are flat
and there is not enough pressure.
Commissioner Berg asked if the City has been working with them to get this
resolved.
T. Johnston said that in the last 2 ½ years the line has been clogged only one
time where it was the City’s responsibility; the other times the problem was in
their line. T. Johnston then said that if the City’s line does back up, they
would be the first to see the problem.
M. Beeson said that they do not have a drop and their lines come in at the
bottom of the sewage line and he would think that the hotel would have the same
problem.
Commissioner Berg said that he is not sure if it was a design error on the
City’s side or apartments and T. Johnston said that it was a design problem with
the apartments and that the main line on the City’s property is O.K. T. Johnston
said that when the City has gone out to check a problem, the City’s lines are
clear.
Commissioner Berg asked if we approve the project is the City O.K. with the
lines and T. Johnston replied yes.
M. Beeson said that the mean line comes in at the bottom and he would think if
the hotel were to come in at the bottom of the sewer line too they will have the
same problem. M. Beeson said that he also has a problem with parking and problem
with the Ripon Motel and Blue Light as they bring in problems in to the City and
create more traffic.
Commissioner Van Essen asked if the sewer line problem was sludge from Nestles
and it has been resolved and will not happen again and T. Johnston replied that
the problem was resolved but he can not say something will never happen again.
Commissioner Van Essen asked if there was something that these people can do to
bring their lines in at the top and T. Johnston said that they can’t come in at
the top but that a check line could be installed to keep from backing up.
Commissioner Van Essen asked if the hotel design will be flat and T. Johnston
replied no.
Commissioner Hall asked how deep the lines are at that man hole and T. Johnston
said that he was not certain but would guess five feet deep.
K. Fong said that they will look at the whole plan and will make sure there is
no problem for the hotel.
Chairman Lewis asked if there was anything that needed to be added to the
Conditions of approval and T. Johnston said that it is already addressed.
Commissioner Krebbs said that what is being approved tonight is the hotel and
the apartment issue is a separate problem. Chairman Lewis said that he agreed
with Commissioner Krebbs.
Luis Gutierrez (273 Oak St) said that his residence backs up to the ramp and he
is concerned about construction noise, dust, the storm drainage and the sewer
lines. L. Gutierrez asked if it is necessary for Ripon to have an additional
hotel as there is one at the next exit. L. Gutierrez said that he is also
concerned about the storm detention facility and mosquitoes.
Rebuttal: K. Fong said that the sewage system will be addressed at plan check as
they will want to make sure that the lines are adequate too. K. Fong said that
if they have to they will put in an emergency pump because they don’t want any
backups either. K. Fong said that they will video the line and will redo the
calculations based on the additional demand to ensure that the line is and will
be O.K.
Commissioner Hall asked if K. Fong new the construction time line and K. Fong
said that it will take approximately nine months to complete. K. Fong then said
that they would comply with the City’s code on construction hours of operation
and if the City conditions no weekend work then they will comply with this.
PUBLIC HEARING CLOSED
Chairman Lewis asked what he was talking about with a cesspool and Director
Zuidervaart explained that L. Gutierrez was referring to the detention basin
which is meant to collect storm water and that this basin has a pump connected
to it. The storm calculations will be able to determine if it can handle the
storm lines.
Chairman Lewis then commented that Ripon has a free enterprise policy as does
the USA and it is not appropriate to be placing restrictions.
Commissioners Krebbs and Van Essen both said that this property is zoned for
this type of use. Commissioner Van Essen said that Ripon is changing but Ripon
is doing a better job then some City’s by providing the MESH system for
security.
MOTION: MOVED/SECONDED (KREBBS/VAN ESSEN) AND CARRIED BY A 5-0 VOTE TO ADOPT THE
NEGATIVE DECLARATION (PEA07-19) AND APPROVE CONDITIONAL USE PERMIT (UP07-03) FOR
RIPON HOSPITALITY, LLC BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF
APPROVAL
1.3 RENAME S. FRONTAGE ROAD TO GARRISON WAY this is a request to rename S.
Frontage Road to Garrison Way located on the south side of State Hwy 99 within
the City of Ripon. 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
request to rename S. Frontage Road to Garrison way and the change is being
requested for a couple of reasons. Director Zuidervaart said that the City
General Plan 2040 had identified this Frontage Road on the south side of the
freeway as Garrison Way to eliminate any confusion between the N. Frontage Rd
which runs parallel to State Route 99 on the north side of the freeway from the
Main Street over crossing to approximately the Jimco Truck Stop and for
emergency service reasons. Director Zuidervaart said that there are currently no
residents directly affected by this change.
Director Zuidervaart said that a meeting was held with the project review
committee to review the project and there were no comments received at the
meeting or through the mail. Director Zuidervaart then recommended that the
Planning Commission recommend that the City Council change the name of S.
Frontage Road to Garrison Way.
Chairman Lewis asked who Garrison way and a member of the audience said that
there was a judge Garrison many years ago that lived in Ripon.
PUBLIC HEARING OPENED
No one wished to speak for or against the renaming of S. Frontage Rd to Garrison
Way.
PUBLIC HEARING CLOSED
MOTION: MOVED/SECONDED (VAN ESSEN/HALL) AND CARRIED BY A 5-0 VOTE TO RECOMMEND
THAT THE CITY COUNCIL CHANGE THE NAME OF SOUTH FRONTAGE ROAD TO GARRISON WAY
Commissioners= Reports: None
City Attorney=s Reports: None
Director=s Reports: Director Zuidervaart said that he went on-line to look at
design criteria for other Cities and was not able to find anything but will keep
looking. He then said that the Council has expressed a desire for the Planning
Commission to look at the sign ordinance to review things such as sign dancers
and he asked the Commission if they had any desires on this.
Chairman Lewis said that the Commission already had this discussion and it was
to his recollection that the Commission chose not to move forward on this.
Chairman Lewis asked if this was an action by the Council for us to review this
and Director Zuidervaart said that the Council discussed this issue and moved it
back to the Planning Commission. Commissioner Krebbs said that he would like to
discuss the sign ordinance and commented as to why have a sign ordinance if we
are not going to enforce it. Commissioner Krebbs said that we now have these
sign dancers and the next thing you know we will have blown up gorillas and
mobile signs everywhere.
Chairman Lewis asked if this item should be put on the agenda and Commissioner
Krebbs replied yes.
Commissioner Winchell said that we should require a permit or regulations to
provide guidance for sign dancers.
Attorney Terpstra said that his office is currently looking at this and seeing
legally how far a City can go to regulate these before we infringe on freedom of
speech.
Commissioner Krebbs said that he was in Modesto last weekend and he counted
fifteen sign dancers standing on the sidewalks.
Commissioner Van Essen said that she would like to look at the sign regulations
too.
Director Zuidervaart informed the Commission that there may not be a July
Planning Commission meeting and so this would get put on the August Planning
Commission meeting which would give staff time to do research.
Adjournment: There being no further discussion the meeting was adjourned at
8:35 p.m. to the next regularly scheduled meeting of July 10, 2007
(Signed) James Lewis, Chairman
ATTEST:
____________________ ______
(Signed) Ken Zuidervaart, Secretary