RIPON PLANNING COMMISSION MINUTES
RIPON CITY HALL
TUESDAY APRIL 8, 2008 - 7:00 P.M.
Pledge of Allegiance: Commissioners pledged allegiance to the flag
Roll Call: Commissioners Garry Krebbs, James Lewis, Don Berg, Debra Van Essen,
Mark Winchell, and Stan Hall
Others Present: Director Ken Zuidervaart, City Attorney Tom Terpstra, Michael J.
Majors, R. S. Angle
Public Discussion: Chairman Hall explained the public discussion process and
asked if anyone would like to speak on a matter that is not on the agenda. No
one wished to speak at this time.
Minutes: Approval of the minutes of the regular Ripon Planning Commission
meeting of February 12, 2008.
Commissioner Berg made two corrections to the Minutes. The first correction was
a typo and the second correction was where he had actually said that people will
not be willing to spend $200.00 on a regular basis for an upscale restaurant.
MOTION: MOVED/SECONDED (VAN ESSEN/LEWIS) AND CARRIED BY A 5-0 VOTE (ABSTAIN:
KREBBS) TO APPROVE THE MINUTES OF THE MARCH 11, 2008 PLANNING COMMISSION MEETING
A. CONSENT CALENDAR
A.1 LOT LINE ADJUSTMENT (LA08-03) for Randy Eskes c/o Gary Madsen, this is a
request to adjust the lot lines between four parcels under the same ownership in
order to facilitate future development of a parcel located at 771 W. Milgeo Rd.
and 348 Frontage Rd in the C2 (Community Commercial) district. This project is
categorical exempt from CEQA 15305 (a).
MOTION: MOVED/SECONDED (VAN ESSEN/KREBBS) AND CARRIED BY A 5-0 VOTE TO APPROVE
LOT LINE ADJUSTMENT (LA08-03) FOR RANDY ESKES BASED ON THE FINDINGS AND SUBJECT
TO THE CONDITIONS OF APPROVAL
1.0 PUBLIC HEARING
1.1 CONDITIONAL USE PERMIT (UP08-01) for BP/ARCO Global Alliance, a public
hearing on a request to construct a 9,272 sq ft facility on a 1.16 (+/-) acre
parcel consisting of a 2,900 square foot 24-hour convenience market; 4,395
square foot fueling facility; 912 sq ft car wash; and a 1,065 sq ft additional
retail space located at 1340 W. Colony Rd. in the C4 (Highway Service) district.
A Negative Declaration (PEA08-09) is recommended for this project.
Director Zuidervaart introduced the Staff Report into the record along with the
findings and conditions of approval.
The request is for a conditional use permit to construct a 9,272 square foot
facility consisting of the following: a 2,900 square foot convenience market (to
be open 24 hours per day); a 4,395 square foot fueling facility; a 912 square
foot car wash facility; and a 1,065 square foot retail facility all on a 1.16
acre parcel. The parcel is located at 1340 W. Colony Road, in Colony Plaza Pad B
and is in the C4 (Highway Service) district.
The exterior of the building appears to be stucco with cultured stone adorning
the bottom half of the building. The roof will be flat, however it will be
accented with parapets around the perimeter.
The off-street parking facility provides a total of 23 spaces (22 standard, and
1 handicap) which exceeds the required by local regulations, and all the stalls
meet the City’s standard dimensions which are 10 X 19. There are no bike spaces
shown on the plan, however bike stalls will be incorporated into the site design
per City of Ripon Standards. Although there is no lighting indicated on the
plans, adequate lighting for security around the building has been incorporated
into the conditions of approval.
Access to the site will be provided by two (2) commercial driveway approaches
one (1) off of the soon to be constructed north/south access road installed as
part of the Colony Pad B site Plan permit, and the second commercial driveway
will be constructed just off of Brady Lane in the South/East corner of the
parcel, off of the East/West access road which will be installed as part of the
Colony Pad B site Plan permit. Access to these interior access roads will be
provided by three commercial driveway approaches two (2) from Brady Lane, and
one (1) from Colony Road.
The site contains approximately 8,800 square feet or 17.4% of landscaping, which
exceeds the City’s standard of 10% for the C4 district. The applicant, at this
time has not indicated any detail as to plant species or irrigation systems for
the site, however the applicant will be required to submit detailed landscaping
plans to the Public Works Department showing connection to the City’s
non-potable water system for irrigation purposes.
There is one trash enclosure indicated on the plan, which will be constructed
per City of Ripon Standards.
On March 17, 2008, a meeting was held with the applicant and 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 into the staff report where appropriate.
Director Zuidervaart then asked if the Commission had any questions.
PUBLIC HEARING OPENED
Applicant Michael Majors (1555 53rd St., Sacramento) said that he is
representing the applicant and he is here with Don Franze, Rich LaRoe and Sean,
the operator of the facility. Mr. Majors said that it was a pleasure to work
with staff on this project and that they agree with the conditions as stated in
the staff report
Proponents: None
Opponents: None
PUBLIC HEARING CLOSED
Commissioner Krebbs said that it looks like a good project and Commissioner
Winchell concurred adding that the services will compliment the area
Commissioner Lewis asked what type of car wash facility it was going to be and
Mr. Majors replied that it would be a single lane brush system
Commissioner Van Essen agreed with Commissioners Krebbs and Winchell that it
would be a good project
MOTION: MOVED/SECONDED (KREBBS/VAN ESSEN) AND CARRIED BY A 5-0 VOTE TO ADOPT THE
NEGATIVE DECLARATION (PEA08-09) AND APPROVE CONDITIONAL USE PERMIT (UP08-01) FOR
BP/ARCO GLOBAL ALLIANCE BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF
THE STAFF REPORT
1.2 ZONING TEXT AMENDMENT (TAZ08-01) for City of Ripon, a public hearing to
consider amendments to Title 16 (Development Title), Chapters 16.12,
Definitions, 16.90.030, Wireless Telecommunications Towers and Antennas:
Applicability, 16.20, Office and Commercial Districts and 16.24, Industrial
Districts as they relate to allowable uses. A Negative Declaration (PEA08-07) is
recommended for this project.
PUBLIC HEARING OPENED
Director Zuidervaart introduced the Staff Report into the record along with the
findings.
Director Zuidervaart explained that staff was approached by a local business
owner in town that would like to redevelop their site to update their existing
use to a more current and newer facility. However, the current code does not
allow for their specific type of use within their zoning district. Currently
they are a legal / non-conforming use within their zone. The specific use is the
Ripon Motel, which is located within our light industrial district along
Parallel Avenue.
Director Zuidervaart said that the business owner inquired as to their options,
and were informed by staff that they could apply for a zoning text amendment, so
that the Planning Commission considers legalizing their use within their current
zone.
Upon receipt of the application, staff surveyed many surrounding communities and
have found that although some of the districts are not specifically classified
as light industrial, in fact many communities have hotel/motel uses adjacent to
freeways and adjacent to what we consider light industrial areas.
Therefore, staff is recommending that our provisions to allow for such uses
within the light industrial district, with a use permit. The use permit would
allow for the Planning Commission to review any and all such applications for
Consistency with the City’s General Plan, and would allow for them to deny such
applicants where they feel such a use would not conform or fit with the
surrounding area.
Also upon review of our Development Title, several other small amendments are
being proposed as well:
Chapter 16.12 (Use Classification System) – under industrial type uses the
definition for Limited Industrial is being amended to include small scale food
processing.
Chapter 16.20 (Office and Commercial Districts) – BP (Business Park District)
definition is being added under section 16.20.015, it was erroneously omitted
during the last update for this section. Several Changes have been made to the
use chart 16.20.1: High Technology was added to the chart. Also Laboratories,
medical and dental was removed from the chart as there is no definition for that
use and medical and dental labs are included within the office, business and
professional definition. Under Office, Business and Professional the C4 district
was added with a use permit only. Research and Development was changed from a
site plan permit to a use permit.
Chapter 16.24 (Industrial Districts): Public and Semi-Public uses section was
added to the chart, which includes crematories in the industrial districts with
a use permit. The visitor accommodations section was added, which includes Hotel
and motels in the light industrial district with a use permit. Footnote number 3
was added to the setback standards chart. This allows for discretion to the rear
or inside setbacks with approval from the Planning Commission and Fire
Department. A Mixed Use setback footnote was also added for the rear and side.
Chapter 16.90 (Wireless Telecommunications Towers and Antennas) – additional
text was added to section 16.90.030 (e) dealing with public entities. Director
Zuidervaart explained that previously the code allowed for cell tower sites on
public entities such as schools to not require a permit from the City. Director
Zuidervaart said that the language was not intended to allow for cell tower
farms on school sites but rather intended for school use. The language was
changed to say that they are permitted if intended for their use.
Director Zuidervaart then said that during staffs review and proposed
modifications of the Development Title, staff also discovered that section 16.26
(Mixed Use Districts) needed some small amendments as well. Therefore staff
would like the Planning Commission to add this section to the public hearing as
well for amendment consideration:
Chapter 16.26 (Mixed Use Districts): Updated Table 16.26.1 to include Public and
Semi-public uses section and Footnote number 2 added to the setback standards
chart.
Director Zuidervaart then asked if he could answer any questions.
Chairman Hall asked if there is a definition of small scale food processing
plants and Director Zuidervaart replied that it is at the discretion of staff to
determine.
Chairman Hall asked if the square footage of the facility would be part of the
consideration and Director Zuidervaart replied that this is a possibility.
Commissioner Van Essen asked if this was just a text amendment and there are no
current applications for this tonight and Director Zuidervaart replied correct;
and said that the City has received inquiries into having a business that
produces pies that would be sold to bakeries and in reviewing the code it did
not appear permitted.
Commissioner Van Essen said that she was referring to the hotel and confirmed
that they would need to come back to the City for a permit and Director
Zuidervaart replied yes.
Commissioner Krebbs commented that small scale food processing has so many
variables and asked if it would need to come before the Commission before could
be approved. Commissioner Krebbs said that a plant could be very controversial,
such as a dog food plant. Director Zuidervaart replied that the reason for the
Use Permit is to give the Commission discretion to approve or deny.
Chairman Hall asked if the hotel owner would have to do anything to make changes
and Director Zuidervaart replied that he would still have to apply for a Use
Permit to make any changes. Director Zuidervaart went on to say that they are
allowed there now as is. Chairman Hall asked if this brings them into
conformance and Director Zuidervaart replied that it allows them to do something
with their site.
Applicant Matesh Patel said that he is the owner of the Ripon Motel and
requested the Text Amendment so that he could add on to the motel or rebuild a
new hotel at this location in the future.
Proponents: None
Opponents: None
Commissioner Winchell asked Mr. Patel if he had plans ready to transform the
site to put in an economy motel and Mr. Patel replied, not at this time.
Commissioner Van Essen said that it appears that the changes being made to the
code all require a Use Permit so she has no problem with the changes.
PUBLIC HEARING CLOSED
MOTION: MOVED/SECONDED (VAN ESSEN/LEWIS) AND CARRIED BY A 5-0 VOTE TO RECOMMEND
THAT THE CITY COUNCIL ADOPT THE NEGATIVE DECLARATION (PEA08-07) AND APPROVE
ZONING TEXT AMENDMENT (TAZ08-01) BASED ON THE FINDINGS OF THE STAFF REPORT
2.0 GENERAL PLANNING
2.1 MAJOR SITE REVIEW (SR08-04) for Harman Management Inc, this is a request to
construct a 3,047 sq ft co-brand restaurant with a drive-thru located at 1384 W.
Colony Rd on a .84 (+/-) acre parcel in the C4 (Highway Service) district. A
Negative Declaration (PEA08-10) is recommended for this project.
Director Zuidervaart introduced the Staff Report into the record along with the
findings and conditions of approval.
The request is for a site plan permit to construct a 3,047 square foot co-brand
fast food restaurant, Kentucky Fried Chicken and Long John Silvers with a
drive-thru window on a .84 acre parcel. The parcel is located at 1384 W. Colony
Road, in Colony Plaza Pad B and is in the C4 (Highway Service) district.
The exterior of the building appears to be stucco with cultured stone adorning
the bottom half of the building. The roof will be flat, however it will have
parapets and it will be accented with arches around the perimeter. The windows
are accented with awning type covers and there are architectural accent lights
around the perimeter of the building.
The off-street parking facility provides a total of 36 spaces (34 standard, and
2 handicap) which greatly exceeds the required by local regulations, and all the
stalls meet the City’s standard dimensions which are 10 X 19. The drive thru
lane is proposed to handle nine (9) cars in the queue, and although drive thru
lane queue’s are not specifically addressed within the City of Ripon’s code,
adequate queuing for proper site circulation is essential to good site design
and safety. The site plan also indicates bicycle parking which meets the City of
Ripon Standards. There is also site lighting indicated on the plans, which will
be reviewed in more detail by the Ripon Police Department to ensure adequate
site lighting for security around the building and the site.
Access to the site will be provided by two (2) commercial driveway approaches
off of the soon to be constructed access road installed as part of the Colony
Pad B site Plan permit. Access to this interior access road will be provided by
three commercial driveway approaches two (2) from Brady Lane, and one (1) from
Colony Road.
The site contains approximately 7,733 square feet or 21% of landscaping, which
greatly exceeds the City’s standard of 10% for the C4 district. The applicant,
at this time has not indicated any detail as to plant species or irrigation
systems for the site; however the applicant will be required to submit detailed
landscaping plans to the Public Works Department showing connection to the
City’s non-potable water system for irrigation purposes.
There is one trash enclosure indicated on the plan, which will be constructed
per City of Ripon Standards.
Director Zuidervaart informed the Commission that on March 20, 2008, a meeting
was held with the applicant and 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 into the staff
report where appropriate.
Director Zuidervaart said that staff as included a recommendation in the staff
report and asked if the Commission has any questions.
Commissioner Van Essen asked how big the interior dining area is and Director
Zuidervaart replied that he would refer this question to the applicant.
Applicant Philip Moss said that he is representing the applicant and would like
to publicly thank Director Zuidervaart for his assistance on this project. Mr.
Moss said that there will be 62 seats in the restaurant. Mr. Moss said that
there were only 30 parking spaces required but they have four to five employees
working at a time. Mr. Moss then said that generally a drive-thru represents
about 60% of the restaurant service. Mr. Moss said that Harman Management is
looking forward to being a part of this community.
Chairman Hall asked if this has gone through the Fire Department yet and
Director Zuidervaart nodded yes.
Commissioner Van Essen asked if the City has a limit on the number of drive-thrus
in Ripon and Director Zuidervaart replied no, not yet.
MOTION: MOVED/SECONDED (VAN ESSEN/KREBBS) AND CARRIED BY A 5-0 VOTE TO ADOPT THE
NEGATIVE DECLARATION (PEA08-01) AND APPROVE MAJOR SITE REVIEW (SR08-04) FOR
HARMAN MANAGEMENT INC. BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF
THE STAFF REPORT
Commissioners' Reports: Commissioner Winchell asked when they would be closing
the Fulton over crossing and Director Zuidervaart replied that there has been
some delay as they are still meeting with CalTrans. Director Zuidervaart then
said that they will be updating the information on the website with a two week
notice of closure.
Commissioner Berg said that he recently watched two big rigs come down Jack Tone
and make U-turns. He said that it does not appear to be a problem now but will
be when the property on the east develops. Director Zuidervaart said that
Engineering is working on signage.
City Attorney's Reports: None
Director's Reports: None
Adjournment: There being no further discussion the meeting was adjourned at 7:50
p.m. to the next regularly scheduled meeting of May 13, 2008 at 7:00 p.m.
(Signed) Stan Hall, Chairman
ATTEST: ____________________ ______
(Signed) Ken Zuidervaart, Secretary