Agenda — Ceres City Council, February 14, 2022

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, February 14, 2022 – 6:00 p.m.

Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER

Mayor Lopez

ROLL CALL

Mayor: Lopez
Vice Mayor: Silveira
Council Members: Casey, Kline, Ryno

NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), CERES RESOLUTION NO 202 2-01, AND THE FEDERAL AMERICANS WITH DISABILITIES ACT. WHILE THIS MEETING WILL BE PHYSICALLY

OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID-19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE APPLICATION, ZOOM.

Please click the link below to join the webinar:
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WRITTEN COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS PART OF THE OFFICIAL RECORD OF THE COUNCIL MEETING.

*If you have any questions on how to attend virtually or are encountering difficulties connecting to the meeting, please contact the City Clerk at (209) 646-4812 or by email at [email protected] .

City Council Agenda

2 INVOCATION

Invocation by Pastor Scott Elliott, Big Valley Grace

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez

PRESENTATIONS

A. Proclamation declaring February as Black History Month in the City of Ceres.

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than 5 minutes (Resolution No. 2007-106) for expression of non-agenda items. Matters under the jurisdiction of the City Council, and not on the posted agenda, may be addressed by the general public; however, California law prohibits the City Council from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the City Council. Citizens are entitled to address the City Council on any agenda item subject to the 5- minute provision.

APPOINTMENTS TO BOARDS/COMMISSIONS

B. Resolution 2022-04 Council concurrence of Mayor Lopez’s recommendation to appoint the Chief of Police as a City of Ceres representative on the Modesto- Ceres Fire Protection Agency JPA Oversight Committee. (Collins)

CONFLICT OF INTEREST DECLARATION

CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by a single motion unless otherwise requested by an individual Council Member or public for special consideration.

Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

1. Clerks Report of Posting. The agenda of the February 14, 2022 City Coun cil meeting was posted on Wednesday, February 9, 2022. (Nayares-Perez)

2. Waive Readings. All Readings of Ordinances and resolutions are waived. (Waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (Nayares-Perez)

3. Approval of Minutes (Nayares-Perez)
a. Minutes of November 22, 2021, December 13, 2021 Regular City Council meetings and December 6, 2021 Special City Council Meeting.

4. Register of Audited Demands for Period covering January 18, 2022 through January 31, 2022 (Dias)
City Council Agenda

3 5. Resolution 2022-05 awarding an agreement with SNS Automation for the Public Work’s Department’s SCADA service and maintenance and authorize the City Manager to execute the agreement. (Royal)

6. Resolution No. 2022 -06, continuing the teleconference of Public Meetings Pursuant to Assembly Bill 361 allowing the City to continue a Hybrid Virtual Meeting Environment. (City Attorney)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

PUBLIC HEARING

(The public hearing for this item was last set for the City Council meeting of November 8, 2021. )

7. Public Hearing to consider 18- 09 Rezone (RZ); Proposal for a Rezoning of the property located at the northeast corner of East Hatch Road and Golf Links Drive to modify the existing “MX -2, Mixed- Use – 2" zoning designation to a “CC, Community Commercial” zoning designation within the Mitchell Road Corridor Specific Plan, and to consider an appeal of the Planning Commission’s decision of approving a Vesting Tentative Parcel Map and a Specific Plan Site Plan entitlement involving the subdivision of a 2.16-acre commercial zoned site into 3 parcels with a new commercial building proposed for each parcel. The City Planning Commission considered this proposal at their March 2, 2020 meeting and made a recommendation to the City Council to approve the Rezone by a 4-1 vote. (Hoem) • Resolution No. 2022-07, adopting the Mitigated Negative Declaration prepared for a Rezone (18-09 RZ), a Vesting Tentative Parcel Map (18-10 VTPM), and a Specific Plan Site Plan (18-11 SPSP) entitlement involving the subdivision of a

2.16-acre commercial zoned site into 3 parcels with a new commercial building proposed for each parcel.
• Resolution No. 2022-08, amending Conditions of Approval #3, 6, and 7 for a Specific Plan Site Plan #18-11.
• Introduction of Ordinance No. 2022- 1070, adopting a Rezone (18- 09 RZ) to change the zoning designation of “MX-2, Mixed Use – 2" to “CC , Community Commercial” for the 2.16 +/- acre site.

NEW BUSINESS

DISCUSSION ITEMS

8. Expansion of Ceres Recycled Water Exports via the North Valley Regional Recycled Water Program (Royal)

City Council Agenda

4 COUNCILMEMBER REFERRALS
Council Members request to have an agenda item placed on a future agenda. (Pursuant to Chapter 2- City Council Meetings, J -8.

City Council Referrals/Determination of Items for Agenda.)

REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities.

• Mayor
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor

CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code)

City Negotiator: City Manager
Employee Organization: Department Heads (unrepresented)

2. PUBLIC EMPLOYMENT (Pursuant to Section 54957 of the Government Code)

Title: City Manager

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on February 28, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA

AFFIDAVIT OF POSTING

I, Diane Nayares-Perez, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for th e Regular City Council Meeting was posted on February 9, 2022, at 6:00 p.m. at the following locations in Ceres:

• Community Center Display Case - 2701 Fourth Street

______________________________________
Diane Nayares-Perez
City Clerk

City Council Agenda

5 Council Agenda: The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us
and posted at the time and places
noted above.

Related Materials: Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2720 Second Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538-5731.

Notice regarding Americans with Disabilities Act:

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II)

COUNCIL AGENDA REPORT

MEETING DATE: February 14, 2022

TO: Mayor and City Council

FROM: Chief Rick Collins

CONTACT: Rick Collins, Chief of Police,
209-538-5725, [email protected]

SUBJECT: R esolution No. 2022-04, Council concurrence of Mayor Lopez’s recommendation to appoint the Chief of Police as a City of Ceres representative on the Modesto- Ceres
Fire Protection Agency JPA Oversight Committee.

RECOMMENDED COUNCIL ACTION:

Council concurrence of the resolution for Mayor Lopez’s recommendation to appoint the Chief of Police as a City of Ceres representative on the Modesto- Ceres Fire Protection Agency JPA Oversight Committee.

I. BACKGROUND:

On March 13, 2007, t he Modesto- Ceres Fire P rotection Agency was formed for the purpose of providing continuing fire protection and administrative services in those areas within the boundaries of the Industrial Fire District , which includes the cit ies of Modesto and Ceres.

The Oversight Committee consists of five (5) Board Members, which includes three (3) representatives from the C ity of Modesto and two (2) representatives from the C ity of Ceres. The Committee members are appointed to indefinite terms and all appointments and removals must b e appr oved by resolution of their respective governing bodies .

Meetings are held twice a year.

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM B
II. RE ASONS FOR RECOMMENDATION:

The City of Ceres representative currently serving as Act ing President is the Ceres City Manager. The Chief of Police was appointed by the City Manager in September 2021 to serve as the other City of Ceres representative. This appointment must be approved by the Ceres City Council.

III. FISCAL IMPACTS:

There are no fiscal impacts associated with the appointment.

IV. STEPS FOLLOWING APPROVAL:

F ollowing Council approval, the Chief’s Administrative Secretary will provide a certified copy of the Resolution to the Secretary of the Modesto- Ceres Fire Protection Agency JPA Oversight Committee.

Approved by:_____________________________
Alex Terrazas, Interim City Manager

Attachment: Resolution

ITEM B
Resolution No. 2022-04

COUNCIL CONCURRENCE OF MAYOR LOPEZ’S RECOMMENDATION TO

APPOINT THE CHIEF OF POLICE AS A

CITY OF CERES REPRESENTATIVE ON

THE MODESTO-CERES FIRE PROTECTION AGENCY JPA
OVERSIGHT COMMITTEE.

THE CITY COUNCIL
City of Ceres

WHEREAS, the Modesto-Ceres Fire Protection Agency fun ctions to provide continuing fire protection and administrative services in those areas w ithin the boundaries of the Industrial F ire District, which includes the cities of Mo desto and Ceres; and,

WHEREAS, the Committee consists of fi ve (5) Board members , which includes three (3) representatives from the City of Modesto and two (2) representatives from the City of Ceres; and,

WHEREAS, the City Manager a ppointed the Chief o f Police to serve as one of the Committee members; and,

WHEREAS, Committee member appointments and remov als must be approved by resolution of their respective governing bodies.

NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres hereby approves Mayor Lopez ’s recommendation to appoint the Chief of Police as one of the two City of Ceres representatives on the Modesto- Ceres Fire Protection Agency JPA Oversight Committee.

NOW BE IT FURTHER RESOLVED that the Chief’s Administrative Secretary will provide a certified copy of the Resolution to the S ecretary of the Modesto-Ceres Fire Protection Agency JPA Oversight Committee.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 14
th day of February, 2022 by the following vote:

AYES: Council Members

NOES: Council Members

ABSENT: Council Members

_________________________________
Javier Lopez, Mayor

ITEM B

ATTEST:

______________________________________________
Diane Nayares-Perez, CMC, City Clerk

Resolution 2022-04
ITEM B

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, November 22, 2021 – 6:00 p.m.

Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER

Mayor Lopez called the November 22, 2021 Regular City Council meeting to order.

ROLL CALL – Present:

Mayor: Lopez
Vice Mayor: Silveira
Council Members: Ryno, Casey

Absent: None

INVOCATION

Invocation was given by Pastor Scott Elliott, Big Valley Grace Community Church, Ceres Campus

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

Proclamation declaring Saturday, November 27, 2021 as Small Business Saturday in the City of Ceres.

Mayor Lopez read the Proclamation into the record and presented it to Brandy Meyer from the Ceres Chamber of Commerce.

City Council meeting was conducted this meeting in accordance with California Governor Newsom’s Executive Orders N-20-20 and N-35-20 and COVID-19 pandemic protocols. This meeting was open to the public with limited capacity seating.

ITEM 3
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

Mr. Lucky commented on the cars that park near his home in East Gate. They park overnight, speed, leave trash, and play loud music at night. He has called to police several times as well as code enforcement when he sees them there, but that only helps so much.

He would like the barrier that was there put back and possibly a no parking after dark sign.

Lee Brandt wished everyone a Happy Thanksgiving and asked everyone not to forget what they are thankful for.

Joanne Vega commented on speeding cars that travel down River Road. She advised that some of the neighbors had called the police and they would like a response.

Gene Yeakley revisited an issue he brought up previously relating to law enforcement not answering calls relating to street vendors when code enforcement is not available. He would like to know how to have an item put on the agenda. He also requested more information on what V.I.P.S. can do to alleviate these problems.

DISTRICT 4 SEAT

(i) Reconsideration of Resolution No. 2021 -117, appointing a Member to Fill the District 4 Council Vacancy. (City Attorney)
• Resolution No. 2021 -125, Rescinding Resolution No. 2021- 117 Appointing a Member to Fill the District 4 Vacancy as a Result of a Resignation; or

(ii) John R. Osgood, III to be sworn-in by the City Clerk or proceed with direction from the Council on how to alternatively fill the vacancy.

MOTION: Motion by Council Member Ryno, seconded by Mayor Lopez , to reconsider Resolution No. 2021-117. 4/0/0 Motion passes see below by the following roll call vote:

AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

(Motion Withdrawn)
MOTION: Motion by Mayor Lopez , seconded by Council Member Ryno, to rescind Resolution No. 2021-117 and propose a Special City Council Meeting on December 6th for a direct appointment to fill the District 4 vacancy. Motion is not voted on

Mayor Lopez withdrawals motion to rescind Resolution No. 2021-117.

Mayor Lopez opened item to the public for discussion and the following citizens spoke.

John Warren commented that we are back to square one. He suggested the application process be opened again to see if there is another candidate that may want to apply for the position. If not, then what has already been done should be left in place.

ITEM 3
Wendy Byrd, President of the Modesto/Stanislaus NAACP, raised questions about the appointment of an elected official that practices hatred. She played a clip from Mr.

Osgood’s February 8, 2021 podcast where she states he attempted to rationalize his repeated use of a derogatory word. She commented that Mr. Osgood lacked temperament, cultural sensitivity, character, and political judgement to be in a position of authority.

Joanne Vega commented on her opposition to the appointment.

Samuel White, from the Stanislaus County Veteran’s Foundation, went over the process in which the item should be discussed and then brought back on December 6 th. In his
opinion, Mr. Osgood should not be sworn in as a Council Member. He commented that his verbiage is divisive the 1st Amendment does not cover inflammatory speech that includes obscenity and speeches that would include imminent lawless actions. He strongly urged Council not to swear him in and to take into consideration what he has done, said and what he possibly could cause.

Lisa Mantarro Moore thanked the members of the NAACP for coming to the meeting to protect and serve our public. She is very proud that the members of the public are speaking their truth.

Renee Ledbetter asked that Council consider rescinding the appointment. She commented that she was not aware of anything the Modesto Bee or the Ceres Courier brought to light and she does not want him representing her district nor does she want him representing the City of Ceres.

Lee Brandt inquired on what would happen if they come to a deadlock on the December 6 th meeting.

Gene Yeakley commented here we go again. He inquired if City Council does any research beforehand when someone runs for a seat. He does not condone some of the things and does not think we should have gotten this far with the upset public.

Ramon Rodriguez commented that the last time he attended a meeting was a few months back in defense of Israel Ruiz. In his opinion Mr. Osgood’s character is not good for the community. He further commented that Ceres is diverse and Mr. Osgood will put fear in people and people are not going to show up or participate. He asked that they do the right thing and not let him take the council seat.

MOTION: Motion by Council Member Ryno, seconded by Mayor Lopez , to approve resolution 2021-125 rescinding Resolution No. 2021-117. 4/0/0 Motion passes see below by the following roll call vote:

AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

Council Consensus was to meet on December 6
th to proceed with the appointment.

ITEM 3

APPOINTMENTS TO BOARDS/COMMISSIONS

Resolution No. 2021-118, reappointing Brandy Meyer to the Tuolumne River Regional Park Citizen’s Advisory Committee for a four-year term to expire December 31, 2025. (City Clerk)

Diane Nayares-Perez, City Clerk, provided a brief overview of the item.

Mayor Lopez asked if anyone from the public had any comments and the following citizens spoke:

John Warren commented that there is a set procedure to appoint people to committees.

He does not think the City has followed the correct procedure to appoint her tonight.

Brandy Meyer commented that there are two positions for the City of Ceres and if anyone is interested there another position that needs to be filled.

MOTION: Motion by Council Member Ryno, seconded by Mayor Lopez , to approve resolution 2021-118. 4/0/0 Motion passes see below by the following roll call vote:

AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

CONFLICT OF INTEREST DECLARATION

None

Otherwise the recommendation of staff will be accepted and acted upon by roll call vote.

1. Clerks Report of Posting. The agenda of the November 22, 2021 City Coun cil meeting was posted on Thursday, November 18, 2021. (Nayares-Perez)

3. Approval of Minutes (Nayares-Perez)
a. Minutes of September 27, 2021 Regular City Council meeting, and the October 11, 2021 will be on the next agenda.
(No Attachment)

4. Register of Audited Demands for Period covering November 3, 2021 through November 10, 2021. (Dias)

5. General Correspondence – Information Only
ITEM 3
a. Public Works monthly report for October 2021. (Damas)

6. Resolution No. 2021-119, authorizing the City Manager to execute a professional services agreement with Provost and Pritchard Consulting Group to develop Well 22 GAC Treatment Vessels specifications construction management and inspections. (Damas)

7. Resolution No. 2021-120, authorizing the City Manager to execute a professional services agreement with Provost and Pritchard Consulting Group for Well 35 Ion Exchange design, construction management and inspections. (Damas)

( Removed from Consent/Citizen)

8. Cancellation of the December 27, 2021 Council meeting. (City Clerk)

9. Resolution No. 2021-121, authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment. (City Attorney).

Mayor Lopez asked if any Council Member or citizen would like an item pulled from the Consent Calendar and be heard under separate motion. Item 8 was removed from Consent.

MOTION: Motion by Council Member Ryno, seconded by Council Member Casey, to approve items 1-7 and 9. 4/0/0 Motion passes see below by the following roll call vote:

AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 8/Citizen
John Warren asked Council Members if they were all going to be available that week or if they were going to be absent? He comment most businesses are back to work on Monday, the 27
th.

MOTION: Motion by Council Member Ryno, seconded by Vice Mayor Silveira, to approve Item 8. 4/0/0 Motion passes see below by the following roll call vote:

AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

UNFINISHED BUSINESS

None

ITEM 3

PUBLIC HEARING

10. Public Hearing to consider the following:
(i) Resolution No. 2021 -122, adopting the Mitigated Negative Declaration prepared for a General Plan Amendment (21- 02 GPA), a Rezone (21- 03 RZ), and a Site Plan Approval (21-04 SPA);
(ii) Resolution No. 2021 -123, adopting a General Plan Amendment (21- 02 GPA) to change the general plan designation of Community Commerci al (CC) to High Density Residential (HDR) for the property located at 2125 Moffett Road;
(iii) Ordinance No. 2021 -1069, adopting a Rezone (21- 03 RZ) to change the zoning designation from Community Commercial (C -2) to High Density Multiple-Family Residential (R- 5) for the subject property l ocated at 2125 Moffett Road. (Hoem)

James Michaels, Senior Planner, gave a report on item.

Council Member Ryno expressed her concern on the amount of traffic that would come due to the complex. She also inquired if fire trucks would be able to make the left turn when coming down the driveway. Another concern Council Member Ryno expressed was the lack of onsite visitor parking.

Council Member Casey inquired if cars in the parking lot on the east side would be in the way when fire trucks turn.

Mayor Lopez opened the Public Hearing asked if anyone from the Public had any comments and the following citizens spoke.

Earnie Yoshino, architect for the project, advised that they originally designed the project with the driveway to the south, but the fire department asked that it be moved.

Harinder Toor, contractor for the project, advised that a small amount of parking would result on Moffett Road. He further commented that the driveway is in the correct position, moving it would result in less units and cost would then not be feasible to proceed.

Renee Ledbetter commented that we need a lot of introductory housing for people that are just moving out, young people, and people downsizing. She believes this is going to be a great project for the area.

John Warren expressed his concern over the driveway not being wide enough for a vehicle to turn around and the number of planned parking spaces. He commented that ev ery vehicle that goes in the complex will need to do a 3 point turn or back out into the street.

He further commented that the visibility on Moffett is not good when backing out.

Rogelio Vega inquired on how to appeal a violation he received for a carport at his home.

ITEM 3
Mayor Lopez closed the Public Hearing and brought the item back to Council for direction.

Council Member Ryno understands that we have a housing shortage and expressed her concern in rezoning a property from commercial to residential.

Council Member Silveira thanked Mr. Toor for bringing this project to the City and mentioned that the property does have 2 parking spaces per unit as the Municipal Codes requires.

Council Member Casey commented that he travels on Moffett Road every day and he is very concerned about the parking and traffic.

MOTION: Motion by Vice Mayor Silveira, seconded by Mayor Lopez , to approve Resolutions 2021- 122, 2021- 123 and Ordinance 2021- 1069. 3/1/0 Motion passes see below by the following roll call vote:

AYES: 3 Council Members: Casey, Silveira, Mayor Lopez
NOES: 1 Council Members: Ryno
ABSENT: 0 Council Members: None

NEW BUSINESS

11. Resolution No. 2021-124, establishing the classification, description, and salary range for the position of Payroll Technician I and II. (Roland)

MOTION: Motion by Vice Mayor Silveira , seconded by Council Member Ryno, to approve resolution 2021-124. 4/0/0 Motion passes see below by the following roll call vote:

AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

DISCUSSION ITEMS

No items scheduled.

COUNCILMEMBER REFERRALS
Council Members request to have an agenda item placed on a future agenda. (Pursuant to Chapter 2- City Council Meetings, J-8. City Council Referrals/Determination of Items for Agenda.)

No items scheduled

REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities.

• Mayor - nothing to report.

ITEM 3
• City Council – nothing to report.
• City Manager – Interim City Manager Alex Terrazas reminded everyone that the opening of Christmas Tree Lane would be December 4th at Smyrna Park at 5 p.m. • City Attorney – nothing to report.
• Departments – nothing to report.
• County Supervisor- nothing to report

There being no further business, Mayor Lopez adjourned to Closed Session at 7:34 p.m.

CLOSED SESSION

1. PUBLIC EMPLOYMENT
(Pursuant to Section 54957 of the Government Code)

Title: City Manager

REPORTS FROM CLOSED SESSION

ACTION: City Attorney Tom Hallinan reported the following:

1. Council gave staff direction on the closed session item.

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on December 13, 2021 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA

There being no further business, Mayor Lopez adjourned the meeting at 8:23 p.m.

_____________________________
Javier Lopez, Mayor

_______________________________
Diane Nayares-Perez, CMC, City Clerk

Consistent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at https://www.ci.ceres.ca.us/agendacenter

ITEM 3
City Council meeting was conducted this meeting in accordance with California Governor Newsom’s Executive Orders N-20-20 and N-35-20 and COVID-19 pandemic protocols. This meeting was open to the public with limited capacity seating.

SPECIAL MEETING – CLOSED SESSION

OF THE CERES CITY COUNCIL
City Council Chambers, 2701 Fourth Street, Ceres, CA 95307

MINUTES

CALL TO ORDER

Mayor Lopez called the December 6, 2021 Special City Council Meeting to order.

ROLL CALL

Mayor: Lopez
Vice Mayor: Silveira
Council Members: Casey, Ryno

Absent: None

PLEDGE OF ALLIEGANCE

Pledge of Allegiance was led by Mayor Lopez.

CITIZEN COMMUNICATION

None.

UNFINISHED BUSINESS

1. Resolution No. 2021-126, Appointing a Member to Fill the District 4 Council Vacancy.

Council Member Casey commented on the two times that Council tried the appointment process which eroded their already diminished and declining reputation of performing in the best interest of the City.

He further commented that he would like to see a special election held to fill the empty Council seat to let the people decide. He recognizes it is a financial burden on the City, but I they intend to fix things he would like to start the process right now.

Mayor Lopez asked if anyone from the public had any comments . There being no comments, Mayor Lopez brought the item back to Council for direction.

(Motion failed due to lack of a second) MOTION: Motion by Council Member Casey, seconded by Council Member None, to hold a special election to fill the District 4 Council Vacancy. Motion did not receive second.

ITEM 3

(Motion PASSES)
MOTION: Motion by Council Member Ryno, seconded by Mayor Lopez, to appoint Mike Kline to fill the District 4 Council Vacancy. 4/0/0 Motion passes see below by the following roll call vote:

AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

City Clerk Diane Nayares-Perez swore Mike Kline in as the Ceres City Council Member for District 4.

ADJOURNMENT
Regular City Council Meeting, December 13, 2021 at 6:00 p.m.

There being no further business, Mayor Lopez adjourned the meeting at 4:40 p.m.

_____________________________
Javier Lopez, Mayor

_____________________________
Diane Nayares-Perez, CMC, City Clerk

Consistent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at https://www.ci.ceres.ca.us/agendacenter

ITEM 3

MINUTES

JOINT CITY COUNCIL REGULAR MEETING AND SUCCESSOR AGENCY TO THE

FORMER CERES REDEVELOPMENT AGENCY, AND THE SUCCESSOR AGENCY

TO THE STANISLAUS-CERES REDEVELOPMENT COMMISSION MEETINGS

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, December 13, 2021 – 6:00 p.m.

Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER

Mayor Lopez called the December 13, 2021 joint C ity C ouncil R egular M eeting and Successor A gency to the F ormer C eres R edevelopment Agency, and the Successor Agency to the Stanislaus-Ceres Redevelopment Commission Meeting to order.

ROLL CALL

Mayor/Chair: Lopez
Vice Mayor/Vice Chair: Silveira
Council Members/Members: Casey, Kline, Ryno

Absent: None

INVOCATION

Invocation was given by Pastor Tim Giannosa, Big Valley Grace-Ceres

PLEDGE OF ALLEGIANCE

Pledge of Allegiance was led by Mayor Lopez

PRESENTATIONS

A. Voter Legislative Changes and Education Workshop. (Stanislaus County Registrar of Voters)

ITEM 3
Donna Linder, Stanislaus County Clerk -Recorder and Registrar of Voters, presented information on the workshop.

Council Member Kline inquired if this information was going out to all registered voters or all citizens that are eligible to vote in Stanislaus County.

Gene Yeakley thought it was great thing that they were teaching the public, however he wanted more information on how they were going to help those that do not speak English.

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

Dave Pratt commented on traffic in various areas relating to Mitchell Road and Whitmore Road. Additionally, he would like to see another way to get across the river from Ceres to Modesto. He would also like to see cracks along the trail by the canal between Hatch Road and Fowler fixed before they widen and get worse.

Gene Yeakley revisited the issue he brought up on October 25, 2021 regarding the Ceres Police Department not answering calls for vendors and how he could go about putting an item on the agenda. He further inquired on who will be helping Code Enforcement when the second employee leaves.

John Warren noticed that flower vendors on Hatch and Mitchell Road were blocking the sidewalk with the flower buckets. He would Police Officers to enforce rules and regulations related to vendors and not just Code Enforcement.

Lee Brandt thanked Council Member Kline for stepping up. He also commented that he had a positive experience with Code Enforcement and that he would like to see less speeding on Central Avenue. He concluded with wishing everyone a Merry Christmas and Happy New Year.

APPOINTMENTS TO BOARDS/COMMISSIONS\COMMITTEES

None.

CONFLICT OF INTEREST DECLARATION

Otherwise the recommendation of staff will be accepted and acted upon by roll call vote.

1. Clerks Report of Posting. The agenda of the December 13, 2021 City Coun cil meeting was posted on Wednesday December 8, 2021. (Nayares-Perez)

ITEM 3

3. Approval of Minutes (Nayares-Perez)
a. Minutes of September 27, 2021 and October 11, 2021 Regular City Council meeting.

4. Register of Audited Demands for Period covering November 17, 2021 through December 1, 2021. (Dias)

5. General Correspondence – Information Only
a. Redevelopment & Economic Development Department Monthly Report - November (Hallam)

(Removed from Consent/Council Member Ryno and Citizen)

6. Final Adoption of Ordinance No. 2021-1069, an Ordinance of the City Council of the City of Ceres adopting a Rezone (21-03) to change the zoning designation from Community Commercial (C-2) to High Density Multiple-Family Residential (R-5) for the subject property located at 2125 Moffett Road. (Hoem)

7. Resolution No. 2021-127, awarding the Construction Contract for the Well 16 GAC Chamber Project to W.M. Lyles Co., Authorizing a 10% Contingency, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Contract. (Royal)

(Removed from Consent/Council Member Ryno)

8. Resolution No. 2021 -128, a uthorizing a Budget Amendment Adding Pavement Rehabilitation Scope to the Design of the ATP SRTS Morgan Corridor Improvement Project. (Royal)

9. Resolution No. 2021- 001, (SA-SCRA) approving the Recognized Obligation Payment Schedule Pursuant to the Health and Safety Code Section 34177 for the Period Commencing July 1, 2022 and Ending June 30, 2023 (ROPS 22- 23) and Taking Certain Actions In Connection. (Hallam)

10. Resolution No. 2021- 001, (SA -CRA) approving the Recognized Obligation Payment Schedule Pursuant to the Health and Safety Code Section 34177 for the Period Commencing July 1, 2022 and Ending June 30, 2023 (ROPS 22- 23) and Taking Certain Actions In Connection. (Hallam)

Mayor Lopez asked if any Council Member or citizen would like an item pulled from the Consent Calendar and be heard under separate motion. Items 6 , and 8 were removed from Consent.

MOTION: Motion by Council and Agency Member Kline , seconded by Council and Agency Member Ryno, to approve Consent items 1-5, 7, 9 and 10 5/0 /0 Motion passes see below by the following roll call vote:

AYES: 5 Council and Agency Members: Casey, Kline, Ryno, Silveira, Mayor Lopez NOES: 0 Council and Agency Members: None
ITEM 3
ABSENT: 0 Council and Agency Members: None

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 6/Council Member Ryno and Citizen
John Warren is concerned that large vehicles are not able to turn around o n the property to exit. He believes them backing out on to the street is a hazard to small children or anyone that cannot be seen behind the vehicle. He also commented that the parki ng spaces look too small and asked that this project be put off for Council to take a second look.

Council Member Ryno removed the item from consent to address the traffic issue that will come from the additional housing. She does not think that we need to put housing where there isn’t adequate care given towards the existing traffic.

Council Member Kline expressed his concern over the noise between the shopping center and the complex. He would like businesses to be aware of the time frame for deliveries.

He is also concerned with the lack of response from the schools in that area. He showed his support for this project as he cannot think of anything else that could be put in that area.

Council Member Casey commented that he travels that road often and there is very little parking on that street. He noted that traffic is already pretty bad and he fears for the safety of the children at Carrol Fowler Elementary School.

Council Member Silveira advised that the parking spaces meet the code and the Richland Center owners are fully behind this project. He also commented that police, fire, and all of the utilities approved this plan.

MOTION: Motion by Vice Mayor and Vice Chair Silveira , seconded by Council and Agency Member Kline, to approving Item 6 . 3/2/0 Motion passes see below by the following roll call vote:

AYES: 3 Council and Agency Members: Kline, Silveira, Mayor Lopez NOES: 2 Council and Agency Members: Casey, Ryno
ABSENT: 0 Council and Agency Members: None

Item 8/Council Member Ryno
Council Member Ryno inquired if the SRTS project had started on Morgan Road and if we should wait to do the rehab until the sidewalks are put in. She also inquired if the road repair work was dependent on the sidewalk project or if it could still be done independently.

Council Member Kline inquired if this part of the capital improvement project and if it is in place for the 21-22 year or the future capital improvements.

Ray Smith asked that the bid be delayed for 30 days to give them time to resolve some safety issues they have with the project. He also inquired if the project to be completed by the end of 2022 or started by the end of 2022.

ITEM 3

MOTION: Motion by Council and Agency Member Kline, seconded by Vice Mayor and Vice Chair Silveira, to approving Item 8. 5/0/0 Motion passes see below by the following roll call vote:

AYES: 5 Council and Agency Members: Casey, Ryno, Kline, Silveira, Mayor Lopez NOES: 0 Council and Agency Members: None
ABSENT: 0 Council and Agency Members: None

UNFINISHED BUSINESS

11. Resolution No. 2021 -115, approving the formation of an Ad Hoc Veterans and Active Military Banner Program Advisory Committee. (City Clerk)

Mayor Lopez provided a brief overview of the item and proposed appointments. Council and staff discussed the item.

Mayor Lopez asked if anyone from the public had any comments and the following citizens spoke:

Gene Yeakley commented that members of the committee should live in Ceres.

Council Member Casey asked that the date to submit applications be extended to January.

Council Member Kline believes one spot on the committee should be reserved for a local recruiter.

Council Member Ryno and Vice Mayor Silveira agreed with an extension to the application process. Vice Mayor Silveira suggested a recruiter as an advisory role.

John Warren commented that the American Legion Commander was under the impression that there would be an extension of time to turn in applications.

ACTION: Council directed staff to extend the application period until January 14 th.

PUBLIC HEARING

No items scheduled.

NEW BUSINESS

12. Resolution No. 2021 -129, ratifying the Memorandum of Understanding between the City of Ceres and Public Safety Mid Managers Association. (Roland)

Theresa Roland, Director of Human Resources presented the staff report. Council and staff discussed the item.

ITEM 3
Mayor Lopez asked if anyone from the public had any comments , and there being no comments, Mayor Lopez brought the item back for Council for direction.

MOTION: Motion by Vice Mayor and Vice Chair Silveira, seconded by Mayor and Chairman Lopez, to approving Item 12. 4/0 /1 Motion passes see below by the following roll call vote:

AYES: 4 Council and Agency Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council and Agency Members: None
ABSTAIN: 1 Council and Agency Members: Kline

DISCUSSION ITEMS

No items scheduled.

REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities.

• Mayor – Nothing to report.
• City Council – Council Member Ryno recognized the staff members Jeremy Damas, Terry Turner and Steve Hallam on their retirement. She concluded by wishing everyone a Merry Christmas and a safe New Year.
• City Manager – Interim City Manager Terrazas thanked the recreation staff for helping with Christmas Tree Lane.
• City Attorney – Nothing to report.
• Departments – Police Chief Collins announced that the Ceres Police Association took 10 families for Shop with a Cop at the new Walmart and this Saturday, December 18th, they are doing their annual toy delivery in different areas in the City.

Public Works Director Damas reminded everyone that the new 3 can garbage collection system begins January 1st, and sandbags are available at the Public Works Corp Yard.
• County Supervisor – County Supervisor Condit also commented that sandbags are available at the Stanislaus County Public Works Facility at 1716 Morgan Road.

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on January 10, 2021 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA

There being no further business, Mayor Lopez adjourned the meeting at 7:14 p.m.

_____________________________
Javier Lopez, Mayor

ITEM 3

_____________________________
Diane Nayares-Perez, CMC, City Clerk

Consistent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at https://www.ci.ceres.ca.us/agendacenter

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COUNCIL AGENDA REPORT

MEETING DATE: February 14, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Samir Royal, Public Works Director
[email protected]
, (209) 538-5617

SUBJECT: Resolution No. 20 22-05 awarding a n agreement with SNS Automation for the Public Works Department’s SCADA system integration and authorize the City Manager to execute the agreement

RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve a resolution awarding a contract to SNS Automation for service and maintenance of the Public Works Departm ent’s SCADA (Supervisory Control and Data Acquisition)
system for $ 115.00/hour or an amount not to exceed
$175,000.00 annually with the option of extending annually for three (3) years, and authorizing the City Manager to execute the contract.

I. BACKGROUND:

A SCADA system is designed to help monitor and control a variety of systems, inclu ding well sites , g enerators, irrigation systems, Wastewater T reatment sites, and pumps . They give us the ability to monitor and make changes remotely.

It is required by the State Water Board to monitor each well, and SCADA keeps the CITY in compliance wit h the r egulations. The SCADA system makes it possible to diagnose and monitor problems before they become costly emergencies. If a critical problem does occur, SCADA will alert th e on-call employee by phone. The employee can then take immediate action instead of discovering the problem possibly hours or days later. The Parks irrigation system can be controlled with the SCADA system while monitorin g water usage. This helps the Parks department limit water consumption in all parks. This helps the CITY keep water consumption in compliance with California’s water consumption reduction rules.

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 5

II. REASONS FOR RECOMMENDATION:

The City’s previous contract with SNS Automation had ended at the time the RFP was due.

The City must enter into another contract in order to receive continued maintenance and service. At this time, the City does not have a full-time employee performing this work.

The existing agree ment with SNS Automation Group is a three- year contract with three one-year extension options.

Staff recommends SNS Au tomation as they can provide all services within the scope of work as requested. The Automation Engineer for SNS Automa tion has been operating our existing system for several years and to maintain the consistency, we are recommending SNS Automation to continue this contract.

Other vendors have more complicated fee structures that could potentially cost significantly more than SNS Automation’s proposal below:

SNS Automation:

Hourly labor costs: $115/hour
Materials markup: 15%

III. FI SCAL IMPACTS:

All f unds for SCADA Maintenance and Service are allocated in the annual operating budgets for the Water and Was tewater Systems. Expenditures for this project will not exceed $115.00/hr plus a 15% materials markup or an amount not to exceed $175,000.00 annually (527.35.299 and 567.25.299).

IV. RELATIONSHIP TO THE STRATEGIC PLAN:

Ensure that the community has adequate, well m aintained infrastructure (including water, sewer, streets, traffic sig nals, parks, sidewalks, facilities) that fost ers a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

Negotiate a different deal. Acquire quotes from more service providers. Award the contract to one of the other th ree bidders. Create a new position within the City of Ceres to provide the needed service. Stop seeking a contract and remove the SCADA system.

VI. INTERDEPARTMENTAL COORDINATION:

There has been no interdepartmental coordination.

ITEM 5
VII. STEPS FOLLOWING APPROVAL:

Upon City Council approval the City Manager is to execute the co ntract with SNS Automation and quality SCADA server integrations services will be provided.

Approved by:_____ __________________________________________ Alex Terrazas, Interim City Manager

Attachments:

1. Resolution

2. Agreement

ITEM 5
ITEM 5
RESOLUTION NO. 2022-05

AWARDING AN AGREEMENT WITH SNS AUTOMATION FOR THE
PUBLIC WORKS DEPARTMENT’S SCADA SYSTEM INTEGRATION

AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE

AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, maintenance of a SCADA system requires specialized technical training; and,

WHEREAS, it is more cost effective to hire a company that possesses the specialized technical training than to hire and train an individual on staff; and,

WHEREAS, the City solicited proposals for the service and maintenance of the City’s SCADA system; and,

WHEREAS, four responses were received by the City, with SNS providing the lowest bid with the required services; and,

WHEREAS, t he Automation Engineer for SNS Automation has been operating our existing system for several years and to maintain the consistency, we are recommending SNS Automation to continue this contract; and,

WHEREAS, the service and maintenance of the City’s SCADA system is budgeted in the Wat er and Wastewater 2021/22 budget and is appropriated in 527.35.299 and 567.25.299; and,

NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby award the contract for the service and maintenance of the City’s SCADA system for $115.00/hour, or an amount not to exceed $175,000.00 annually with the option of extending annually for three (3) years and does further authorize and direct the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 14
th day of February, 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

_____________________________
Javier Lopez, Mayor
ITEM 5
ATTEST:

_____________________________
Diane Nayares-Perez, City Clerk

Resolution 2022-05
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COUNCIL AGENDA REPORT

MEETING DATE: February 14, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, Interim City Manager
Tom Hallinan, City Attorney

CONTACT: Tom Hallinan, City Attorney, [email protected]

Diane Nayares-Perez, City Clerk, [email protected]

SUBJECT: Resolution 20 22-06, A uthorizing the City to Continue Teleconferenced Public Meeti ngs Pu rsuant t o Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt a Resolution authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361.

I. BACKGROUND:

Governor Gavin Newsom signed Executive Order N -15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16, 2021 Governor Newsom signed AB 361 which allows cities to continue to meet remotely during proclaimed states of emergency un der modified Brown Act requirements that are similar but not identical to the rules and procedur es established by the previous Executive Brown Act Orders.

This bill, u ntil January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M.

Brown Act when a legislati ve body of a local agency holds a meeting during a declared state of eme rgency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency.

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 6
II. REAS ONS FOR RECOMMENDATION:

On June 11, 2021, Governor Newsom issued Ex ecutive Order N -08-21, which among other things rescinded his prior Executive Order N -29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

As the Delta variant has s urged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional safeguards. AB 361 allow s a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:

• The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
• The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. • The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

A local agency that holds a meeting under thes e circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additio nal requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.

Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:

• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
• In each instance when the local agen cy provides notice of the teleconferenced meeting or posts its agend a, give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend via a call-in or an i nternet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments. • Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call- in or internet -based service option or is within the local agency’s control and pr events the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions).

ITEM 6
•
Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third- party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.

AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:

• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N -29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.

Since January of 2021, the C eres C ity Council meetings hav e been held with virtual hybrid teleconference components. The City Council Chamber is open for public attendance and allows for public participation through a virtual environment. On October 11, 2021, the Ceres City Council ado pted Resolution No. 2021-101 authorizing the City to implement telec onferenced public meetings pursuant to Assembly Bill 361 . This allowed the City to continue a hybrid virtual meeting environment. The legislative body must now conduct the 30- day review and make the ne cessary findings to continue to meet in a virtual hybrid environment.

III. FISCAL IMPACTS:

There is no fiscal impact.

IV. INTERDEPARTMENTAL COORDINATION:

The response was prepared by the City Attorney in coordination with the City M anager and City Clerk.

V. PUBLIC PARTICIPATION:

The public is encouraged to provide input at the City Council meeting.

ITEM 6
VI. STEPS FOLLOWING APPROVAL:

If Council makes the finding that the state of emergency continues to directly impact the ability of m embers to meet safely in person, and/ or State or local officials conti nue to impose or recommend social distancing measures , t he City will continue using the hybrid environment. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

Prepared by: __________________________
Tom Hallinan, City Attorney

Submitted by:____________ __________________
Alex Terrazas, Interim City Manager

Attachments:

1. Resolution

ITEM 6
RESOLUTION NO. 2022-06

AUTHORIZING THE CITY TO CONTINUE TELECONFERENCED
PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 ALLOWING

THE CITY TO CONTINUE A HYBRID VIRTUAL MEETING
ENVIRONMENT.

THE CITY COUNCIL
City of Ceres

WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19; and

WHEREAS, on March 23, 2020, the City Council adopted Resolution N umber 2020-23 declaring a local emergency due to COVID-19; and

WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M.

Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and

WHEREAS, as a result of Executive Order N -29-20, staff set up Zoom meetings for all City Council, Planning Commission and Measure H Oversight Committee meetings; and

WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N -08- 21, which placed an end date of September 30, 2021, for agencies to meet remotely; and

WHEREAS, since issuing Executive Order N -08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and

WHEREAS, on October 11, 2021, the City Council adopted Resolution No. 2021- 101 a uthorizing the City to i mplement teleconferenced public meetings pursuant to Assembly Bill 361 allowing the City to continue a hybrid virtual meeting environment. The City will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

WHEREAS, because of the rise in cases due to the Delta variant, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings and there is a need to continue the virtual hybrid meeting environment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES
RESOLVES AS FOLLOWS:

ITEM 6

1. In compliance with AB 361, and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings:

a. The City Council has reconsidered the circumstances of the state of emergency; and
b. The state of local emergency continues to directly impact the ability of the City Council and its Commissions /Committees, as well as staff and members of the public, from meeting safely in person; and
c. The Stanislaus County Health orders require all individuals in public spaces to maintain social distancing.

2. City Council and Commission/Committee meetings will continue to be conducted with a virtual hybrid component for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public.

3. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 14th day of February, 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Diane Nayares-Perez, CMC, City Clerk
ITEM 6

COUNCIL AGENDA REPORT

MEETING DATE: February 14, 2022

TO: Mayor and City Council

FROM: Ch ristopher Hoem, Director of Community Development [email protected]
, 209.538.5778

CONTACT: James Michaels, Senior Planner,
[email protected]
, 209.538.5774

SUBJECT: Public Hearing for the City Council to consider a proposal for a Rezoning of the property located at the northeast corner of East Hatch Road and Golf Links Drive to modify the existing “MX-2, Mixed Use – 2” zoning designation to a “CC,
Community Commercial ” zoning designation within the
Mitchell Road Corridor Specific Plan, and to consi der an appeal of the Planning Commission’ s decision of approv ing a Vesting Tentative Parcel Map and a Specific Plan Site Plan entitlement involving t he subdivision of a 2.16- acre
commercial zoned site into 3 parcels with a new commercial building proposed for each parcel . The City Planning
Commission considere d this proposal at thei r March 2, 20 20 meeting and made a recommendation to the City Council to approve the Rezone and adopt the Mitigated Negative
Declaration by a 4-1 vote.

1) Resolution No. 2022-07, adopting the Mitig ated Negative Declaration prepared for a R ezone (18-09 RZ), a Vesting Tentative Parcel Map (18-10 VTPM), and a Specific Plan Site Plan (18-11 SPSP) entitlement involving the subdivision of a 2.16-acre commercial zoned site into 3 parcels with a new commercial building proposed for each parcel.

2) Resolution No. 2022-08, amending Conditions of Approval #3, 6, and 7 for Specific Plan Site Plan # 18-11.

3) Ordinance No. 2022-1070, adopting a Rez one (18-09 RZ) to change the zoning designation of “MX-2, Mixed Use – 2” to “CC, Community Commercial” for the 2.16 +/- acre site.

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 7

RECOMMENDED COUNCIL ACTION:

Staff recommends the C ity Council deny the appeal of the Planning Commission ’s recommendation to approve the Rezone, and adopt the fo llowing: 1) Resolution for the Mitigated Negative Declaration prepared for the project; 2) Resolution to amend Conditions of Approval #3, 6, and 7 for Specific Plan Site Plan # 18- 11; and 3) Introduction and First Reading of the Ordinance for the proposed Rezone.

I. BACKGROUND:

Since August of 2015, the applicant has owned the subj ect property locat ed at the northeast corner of Hatch Road and Golf Links Drive (APN’s: 039-047-014 and 0 39- 047-015) and has been working with City staff on the potential development of his property since that time . In early July of 2017, the applicant submitted a pre- development proposal to construct a commercial project for the site involving the subdivision of the 2.16-a cre site into three lots and constructing three commercial buildings (one for each proposed lot ). Following th at meeting, the applicant contacted staff on July 26, 2017 to request through the City ’s General Plan Update process to have t he G eneral Plan designation of the property changed fro m “CR, Commercial Recreation” to “CC, Community Commercial”.

In October of 2017, a joint meeting was then held with the City Council and Planning Commission to consider multiple General Plan land use desi gnation changes. On May 18, 2018, the City Council adopted the General Plan which amended the General Plan land use designation for the applicant’s parcel to “CC, Community Commercial”.

Following the adoption of the General Plan, the appl icant submit ted development applications for a commercial project for his propert y on December 10, 201 8, and staff continued working with the property owner, River O aks Golf Course owners, and the Golf Links Drive Homeowners t o a find a development proposal that would be acceptable for all involved. The project was originally intended to be heard by the Ci ty Planning Commission on April 15, 2019, but that m eeting never took place, which allowed the applicant time to consider concerns brought about by the neighboring Gol f Links Drive Homeowners and River Oaks Golf Course owners. Some of the concerns raised by the owners of the golf course included the proposed access, height of the net separating the properties and liability of golf balls that may land o n the prop osed development. At the request of the project applicant, the project was delayed so that a redesign of the project could take place t o address these issues. The Planning Commission considered the project at their March 2, 2020 meeting.

Discussion at March 2, 2020 Planning Commission Meeting

At its March 2 , 20 20 meeting, staff p resented the Planning Commission with the applicant’s development proposal which included the following:

• A Rezone (a n ame ndment to the Mitchell Road Corridor Specific Plan ) to modify the existing “MX -2, Mixed Use – 2” zoning designation to a “CC, ITEM 7
Community Commercial” zoning designation within the Mitchell Road Corridor Specific Plan.

• A Vesting Tentative Parcel Map (VTPM) to subdivide the 2.16 +/- acre site into three parcels where said lots range from 0.38 acres to 1.38 acres in size.

• A Specific Plan Si te P lan (SPSP) entitlement that would allow for the architectural review, land use, and placement o f a new commercial building on each proposed lot with a 3,500 square foot building for Parcel A, a 4,835 square f oot building for Parcel B , and a 14,160 sq uare f oot building for Parcel C . The proposed total commercial square footage for this project would be 22,495 square feet.

Staff informed the Planning Commission that the p roject first required their recommendation for approval of the R ezone to the Cit y Co uncil to allow the development. Upon staff and the Planning Commission addressing the questions raised at the meeting by the general public with respect to proposed access, maintenance of the net, and l iability of golf balls entering the prop osed project s ite (see Attachments 6 and 7), the Planning Commission determined that the environmental document and the conditions of approval for the project appropriately addressed the questions raised at the hearing, and recommended that the City Council a pprove the Rezone to allow for the development of the project by a 4 -1 vote (Commissi oner Johnson – No). The Specific Plan Site Plan and the Vesting Tentative P arcel Map (associated with the MRCSP A mendment/Rezone) were approved for the construction of thr ee r etail commercial shop buildings totaling 22,495 square feet (as referenced above).

The Zoning Ordinance gives authority to the Planning Commission to only act as an advisory body for Rezone requests and to make a recommendation to the City Council .

Since the VTPM and SPSP project is contingent upon the C ity Council approving the Rezone request, the City Council must hear the request, take public testimony presented and evaluate the Planning Commission recommendation before taking final action.

Appeal Received on March 6, 2020 from Ken Thornberry

Following the Planning Commission meeting, an appeal of t he Planning Commission’ s decision was received from Ken Thornberry (of the R iver Oaks Golf Course and Event Center) on March 6, 2020 in regards to the Planning Commission’s recommendation to the City Council to approve the Rezone of the subject site (see Attachment 5). The appeal was intended to be originally heard at the City Council’s meeting on April 27, 2020; however, the appeal was continued due to Covid-19 restrictions and City Council vacancies.

City Council Action Required

If the City Council upholds the Planning Commission ’s decision to approve the proj ect (thereby denying the appeal) , the applicant may then proceed with working towards the completion of the conditions of approval associated with VTPM and SPSP entitlements, and the Rezone would b ecome effective within 30 calendar days after City C ouncil ITEM 7
approval. However, in the event that the City Council approves the appeal (thereby overturning the Planning Commission’ s approval) , the applicant would still have the option of developing this project in the future with commercial uses that would be permitted under the current “ MX-2, Mixed Use – 2” zoning designation within the Mitchell Road Corridor Specific Plan.

It should be noted that f ollowing the City Council’s decision to set the public hearing for February 14 th meeting, the appellant contacted s taff to consider the possibility of modifying specific conditions of approval t hat address site acc ess issues, the liability insurance of errant golf balls , and specif ying which parties will be responsible for the installation and maintenance of the protec tive golf net ting fence for the driving range.

Staff has been w orking with the applicant and the appe llant with a proposal to modify the Conditions of Approval of PC Reso lution 20-12, to further c larify the City’s expectations of the parties involved with this project . These modifications can be viewed in Attachments 3 and 4 of the staff report. Should the Council desire to proceed with the approval of the Rezone and the proposed p roject, t he Council may wish to consider th e revised conditions per the Resolution ( see Attachment 3 ), as recommended by staff.

II. REASONS FOR RECOMMENDATION:

The decision rendered at the Planning Commission meeting was a 4- 1 (Commissioner Johnson – No) vote in favor of recommending that the City Council approve the project as proposed (with no recommended changes) . Staff is recommending the City Council uphold the Planning Commission’s decision to approve the project, thereby denying the appeal based on the following reasons:

1. The proposed project establishes commercial uses that provide opportunity to support other commercial businesses that exist along the Mitchell Road corridor area such a s the Mitchell Road/Hatch Road intersection, and the project promotes a high quality product for the overall layout of the site.

2. The proposed development is an alte rnative use that provides economic opportunities tha t would otherwise n ot exist if the pro perty remains vacant.

Allowing the applicant to move forward with a r etail commercial development will increase t he value of the property , with the p otential of g enerating addit ional sales tax revenues for the City in the future.

3. The pr oposal will not physically divide up the established neighborhood as the site is locat ed adjac ent to properties located to the west that already include various commercial devel opments, thereby mai ntaining compatibility with surrounding land uses.

4. T he pr oposed developm ent is an alternative use that provides Ceres area residents w ith a dditional s hopping opportunities that would otherwise be prohibited.

5. The project is des igned to conform to t he land uses and all development standards permitted under the “CC, Community Commercial” zone district of the ITEM 7
Mitchell Roa d Corridor Specific Plan . The fo llowing Mitchell Road Corr idor Specific Plan policies support the proposed project:

• Encourage an attractive variety of c ommercial uses within the Corridor to contribute economically, socially, and visually to the community.

• Provide opportunities and incentives for economi cally productive business enterprises and e fficient use of land parcels, either thr ough consolidation of existing parcels or coordinated planning of adjacent parcels.

6. The following General Plan Policies support the proposed project:

• General Plan Policy 2.D.1. Promote Infill. Promote infill development and reuse o f underutilized parce ls in the city to reduce press ure to develop on farmland or other “greenfield” sites on the periphery.

• General Plan Policy 2.E.3. Adaptive Reuse. Encourage adaptive reuse and rehabilitation of underutilized sites in commercial a reas for new commercial uses or public facilities.

• General Plan Goal 2.G. Pro mote development of commercial uses compatible with surrounding land uses to meet the pres ent and future needs of the Ceres market area and to maintain economic vitality.

• General Plan Policy 2.L.9. Com mercial and Office Design. Ensure development in the Community Commercia l and Office land use designations balances the go als of providing convenient services and retail options with adding attractive, quality design that contrib utes to the Ceres community.

III. FISCAL IMPACTS:

None.

IV. POLICY ALTERNATIVES:

1. A pprove the ori ginal Planning Commission recommendation with no changes to the conditions of approval as currently recommended by staff.

2. Approve the appeal, thereby overturning the Planning Commission ’s approval of the entire project.

V. I NTERDEPARTMENTAL COORDINATION:

None.

ITEM 7
VI. PUBLIC PARTICIPATION:

Pu
blic n oticing was sent out to the same property owners within 3 00 feet of t he proposed development a s was pre viously done for the March 2, 2020 City Planning Commission meeting and an additional notice was sent to the Ceres Courier.

VII. ENVIRONMENTAL REVIEW:

Th
e Initial Study and proposed Mitigated Negative Declarati on were circu lated to various utilities and public agencies for comment. During the review and comment period, no s ignificant issues were raised. Therefore, it is the recommendation of staff that the Mitigated Negative Declaration prepared for this project be adopted.

VIII. STEPS FOLLOWING APPROVAL:

T
he second reading and adoption of the ordinance by the City Counc il would be held at their next meeti ng on February 28, 2022. Following City Co uncil approval at that meeting, t he applicant would be required to comply with all conditions of a pproval associated w ith the Vesting Tentative Parcel Map and the Specific Plan Site Plan entitlement project.

Appro
ved by:_______________________________________________
Alex Terrazas, Interim City Manager
A
ttachments:

1. Resolution – Adoption of the Mitigated Negative Declaration

2. Ordinance – Adoption of the Rezone

3. Resolution – Amending the Conditions of Approval of SPSP 18-11

4. Proposed Modifications to Conditions of Approval of PC Resolution 20-12

5. Appeal from Ken Thornberry dated March 6, 2020

6. March 2, 2020 Planning Commission Minutes

7. March 2, 2020 Planning Commission Staff Report with its exhibits

8. Objection Received February 7, 2022

9. Objection Received February 8, 2022
ITEM 7

RESOLUTION NO. 2022 - 07

ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A REZONE
(18-09 RZ), A VESTING TENTATIVE PARCEL MAP (18-10 VTPM), AND A SPECIFIC PLAN SITE PLAN ENTITLEMENT ( 18-11 SPSP) TO SUBDIVIDE A 2.16 -ACRE SITE INTO 3 COMMERCIAL ZONED

PARCELS WITH A NEW COMMERCIAL BUILDING PROPOSED FOR

EACH PARCEL LOCATED AT THE NORTHEAST CORNER OF HATCH
ROAD AND GOLF LINKS DRIVE . APPLICATION NUMBERS: 18-09 RZ, 18-10 VTPM, & 18-11 SPSP.

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City Council o f the City of Ceres, State of California, has considered the Mitigated Negative Declaration prepared for said applications proposing a rezone , a vesting tentative parcel map, and a specific plan site plan entitlement to subdivide a 2 .16-acre site into 3 co mmercial zoned parcels with a new commercial building proposed for each parcel located at the northeast corner of Hatch Road and Golf Links Drive; and

WHEREAS, the City Council held a duly noticed public hearing on February 14 , 2022 at 6:00 p.m. and considered all testimony and comments presented whether orally or in writing; and,

WHEREAS, the Planning Commission held a duly noticed public hearing on March 2, 2020, at 6:00 p.m. and considered the appropriate documents regardi ng the potential environmental effects of the proposed application, including any comments received during the public review period whether orally or in writing; and made a recommendation that the City Council approve the mitigated negative declaration by a 4-1 vote (Commissioner Johnson - No); and,

WHEREAS, the property affected by this resolution is located at the northeast corner of Hatch Road and Golf Links Drive, Ceres, CA 95307; and,

WHEREAS, the property affected by t his resolution is situated in the City of Ceres, County of Stanislaus, and State of California and is described as follows:

Being a portion of Parcel “B” of Map recorded August 2, 1978 in Book 27 of Parcel Maps at Page 83, Stanislaus County Records, being m ore par ticularly described as follows:

Beginning at the southwest corner of Parcel “B” , a point on the north right -of-way of Hatch Road (94 feet wide); thence leaving said right -of-way line, north 00° 00’ 54” west, 200.00 feet; thence south 89° 51’ 30” east, 470.00 feet, to a point on the east line of said Parcel “B”; thence along said east line, south 00° 00’ 54” east, 200.00 feet, a point on the north right -of-way of Hatch R oad (94 feet wide); thence along said right -of-way, north 89° 51’ 30” west, 470.00 feet, to the point of beginning.

ITEM 7
APN’s:
039-047-014 and 039-047-015

WHEREAS, the City of Ceres prepared a Mitigated Negative Declaration pursuant to the requirements of the California Environmental Quality Act and circulated the document and no signif icant environmental effects of the project were identi fied; and,

WHEREAS, the information and evaluation contained in the Initial Study reflects the City of Ceres’ independent judgment and analysis.

NOW, THEREFORE, BE IT RESOLVED that based upon the evidence within the staff re port and project f ile, the Cit y Council of the City of Ceres her eby adopts the Mitigated Negative Declaration prepared for a Rezone, a Vesting Tentative Parcel Map, and a Specific Plan Site Plan entitlement to subdivide a 2.16-acre site into 3 commercial zoned parcels with a new commer cial building proposed for each parcel located at the northeast corner of Hatch Road and Golf Links Drive.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 14
th day of February 2022, by the following vote:

AYES: C ouncil Members:

NOES: Council Members:

ABSENT: Council Members:

_____________________________
Javier Lopez, Mayor

ATTEST:

_____________________________
Diane Nayares-Perez, City Clerk

ITEM 7

ORDINANCE NO. 2022 - 1070

ADOPTING A REZONE ( 18-09 RZ) T O CHANGE THE ZONING
DESIGNATION FROM “MX-2, MIXED USE -2” TO “CC, COMMUNITY COMMERCIAL” FOR THE PROPERT Y LOCATED AT THE
NORTHEAST CORNER OF HATCH ROAD AND GOLF LINKS DRIVE.

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City Council of the City of Ceres, State of California, has considered said application proposing a Rezone t o change the zoning designation from “MX-2, Mixed Use – 2” to “CC, Community Commercial” located at the northeast corner of Hatch Road and Golf Links Drive; and,

WHEREAS, the City Council held a duly noticed public hearing on February 14 , 2022 at 6:00 p.m. and considered all testimony and comments presented whether orally or in writing for the Introduction and First Reading; and,

WHEREAS, the Planning Commission held a duly noticed public hearing on March 2 , 2 020 at 6:00 p.m. and by a 4- 1 vote (Commissioner Johnson – No), recommended the City Council approve the R ezone and the Mitigated Negative Declaration; and,

WHEREAS, the property a ffected by this ordinance is located at the northeast corner of Hatch Road and Golf Links Drive, Ceres, CA 95307; and,

WHEREAS, the property affected by t his ordinance is situated in the City of Ceres, County of Stanislaus, and State of California and is described as follows:

Being a portion of Parcel “B” of Map recorded August 2, 1978 in Book 27 of Parcel Maps at Page 83, Stanislaus County Records, being more par ticularly d escribed as follows:

Beginning at the southwest corner of Parcel “B”, a point on the north right -of-way of Hatch Road (94 feet wide); thence leaving said right -of-way line, north 00° 00’ 54” west, 200.00 feet; thence south 89° 51’ 30” east, 470.00 feet, to a point on the east line of said Parcel “B”; thence along said east line, south 00° 00’ 54” east, 200.00 feet, a point on the north right -of-way of Hatch R oad (94 feet wide); thence along said right -of-way, north 89° 51’ 30” west, 470.00 feet, to the point of beginning.

APN’s: 039-047-014 and 039-047-015

W
HEREAS, the City Cou ncil based on the evidence within the staff report and project file find that:

1. The proposed Rezone is consistent with the purpose and intent of the Mitchell Road Corridor Specific Plan and the City General Plan.

ITEM 7

2. T
he proposed Rezone is consistent with the existing “CC, Community Commercial” general plan designation.

3. The proposed Rezone will have no adverse effect on surrounding properties.

4. The proposed Rezone will not endanger any wildlife or wildlife habitat.

NOW, THEREFORE, BE IT RESOLVED that based upon the evidence within the staff report and project file, the City Council of the City of Ceres hereby adopts the Rezone to change the zoning designation from “ MX-2, Mixed Use – 2” t o “CC, Community Commercial ” for the subject proper ty located at the northeast corner of Hatch Road and Golf Links Drive.

BE IT FURTHER ORDAINED, that this Ordinance shall take effect and be in full force thirty (30) days following its adoption.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Ceres held on the 14
th day of February, 2022, and adopted on the 28th day
of February, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Diane Nayares-Perez, City Clerk

ITEM 7

RESOLUTION NO. 2022 - 08

AMENDING THE CONDITIONS OF APPROVAL FOR A SPECIFIC
PLAN SITE PLAN (SPSP 18-11) RELATING TO THE THREE PARCELS

AT THE NORTHEAST CORNER OF HATCH ROAD AND GOLF LINKS
DRIVE. APPLICATION NUMBER: SPSP 18-11.

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City Council of the City of Ceres, State of California, has considered amending the conditions of approval for Specific Plan Site Plan (SPSP 18- 11) relating to the three commercial zoned parcels located at the northeast cor ner of Hatch Road and Golf Links Drive; and

WHEREAS, the City Council held a duly noticed public hearing on February 14 , 2022 at 6:00 p.m. and considered all testimony and comments presented whether orally or in writing; and,

WHEREAS, the Planning Commi ssion held a duly noticed public hearing on March 2, 2020, at 6:00 p.m. and considered the appropriate documents regardi ng the Specific Plan Site Plan (SPSP) of the proposed application, including any c omments received during the public review period whether orally or in writing; and approved the SPSP by a 4-1 vote (Commissioner Johnson - No); and,

WHEREAS, C ity staff has eva luated the net , fencing, insurance, and indemnification issues pertaining to this property in consultation with the City ’s insurance provider and staff recommends changes be made to the conditions of approval to address these issues; and,

WHEREAS, the property affected by this resolution is located at the northeast corner of Hatch Road and Golf Links Drive, Ceres, CA 95307; and,

WHEREAS, the property affected by t his resolution is situated in the City of Ceres, County of Stanislaus, and State of California and is described as follows:

Being a portion of Parcel “B” of Map recorded August 2, 1978 in Book 27 of Parcel Maps at Page 83, Stanislaus County Records, being m ore par ticularly described as follows:

APN’s:
039-047-014 and 039-047-015

ITEM 7
NO
W, THEREFORE, BE IT RESOLVED by the City Council of the City of Ceres as follows:

Section 1. B ased upon the evidence within the staff report and project file, the City Council of the City of Ceres her eby adopt s the amendments to the specific Conditions of Approval contained within the attached exhibit and declares that these changes supersede a nd replace the previous language in the matching condi tions of SPSP 18-11.

Section 2. If the City Council fails to approve the proposed Mitigated Negative Declaration and the Rez one, the actions of the City Council and this resolution become null and void.

Section 3. The establishment and operation of SPSP 18- 11 requires compliance with the conditions of approval contained in this R esolution and in the originally recorded Resolution PC 20-12, which are on file in the Planning and Building Division, and which shall be binding on all heirs, assignees, and succ essors-in-interest of said property. The attached conditions and provisions of both the original Resolution PC 20-12 and this Resolution are intended to be covenants running with the land and enforceable by any interested party, including but not limited to the City of Ceres.

Section 4. The Director of Community Development or designee is hereby directed to record this Resolution at the office of the County Recorder of the County of Stanislaus.

Section 5. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020 (d) (1), these conditions constitute written notice of a statement of the amount of such fees, and a description of th e dedications, reservations, and other exactions. You are hereby further notified that the ninety (90) day appeal period in which you may protest these fees, dedications, and reservations other exactions, pursuant to Government Code Section 66020 (a), has begun. If you fail to file a protest within this ninety (90) day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exaction.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 14
th day of February 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:
_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Diane Nayares-Perez, City Clerk
ITEM 7
EXHIBIT “A”

REVISED CONDITIONS OF APPROVAL

Specific Plan Site Plan # 18-11
City of Ceres
Northeast Corner of Hatch Road and Golf Links Drive
Ceres, CA 95307
Prepared: February 3, 2022
Approved by the Planning Commission: March 2, 2020
Amended by the City Council: February 14, 2022
Amended by Staff/PC/CC on N/A

The Conditions of Approval are revised as follows:

A. PROJECT AUTHORIZATION

1. The project shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this approval, but shall not be construed to permit violation of other laws and policies not so listed.

2. Approval is limited to the conformance of the land use and zoning. Use of the property shall be limited to those permitted uses per the “Community Commercial (CC)” zoning district listed in the Mitchell Road Corridor Specific Plan.

3. This Conditional Use Permit entitlement shall expire within 24 months (February 28, 2024) unless a building permit is issued, or the use is exercised, or a request for extension is received by the City prior to expiration of the permit and approved by the Planning Commission. If the final map for VTPM 18-10 is adopted before its expiration date, then this Specific Plan Site Plan (SPSP 18-11) entitlement is valid and has no expiration date. IT SHALL BE THE RESPONSIBILITY OF THE

APPLICANT/PROPERTY OWNER TO BE AWARE OF THE EXPIRATION DATE

OF THIS ENTITLEMENT AND TAKE THE NECESSARY STEPS TO ENSURE THE APPROVAL OF THIS ENTITLEM ENT REMAINS VALID. IT SHALL NOT

BE THE CITY OF CERES RESPONSIBILITY TO NOTIFY THE
APPLICANT/PROPERTY OWNER OF THE PROJECT’S EXPIRATION DATE.

IF AN APPROVED ENTITLEMENT EXPIRES, THE APPLICANT/PROPERTY

OWNER SHALL BE REQUIRED TO SUBMIT A NEW APPLICATION REQUEST FOR THIS PROJECT.

B. PROJECT SPECIFIC CONDITIONS

Prior to issuance of a Final Site Plan Map, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the Planning and Building Division:

1. The applicant shall respond in writing to all conditions contained in this document and its attachments. Responses shall be in a letter format with each condition numbered and indexed for reference and shall describe how the condition has been met and shall, where applicable, direct the plan checker to the page and/or drawing detail that demonstrates compliance with the condition. These changes shall be indicated with a delta or cloud symbol. A copy of these responses ITEM 7
shall be provided with each set of the final site map and improvement plans. These changes shall be approved by the Planning Division PRIOR to the submittal, and City acceptance, of a Building Permit application.

2. This Specific Plan Site Plan (SPSP) entitlement is approved for the architectural review, land use, and placement of three commercial buildings that include: a 3,500 square foot building, a 4,835 square foot building and a 14,160 square foot building located at the northeast corner of Hatch Road and Golf Links Drive.

This SPSP does not become effective until after the City of Ceres City Council approves the amendment to the Mitchell Road Corridor Specific Plan to “CC, Community Commercial” per (18-09 RZ) that is associated with this SPSP request. In the event that the City Council does not approve the amendment request, development of this project and future commercial uses would be considered under the “MX -2” designation within the Mitchell Road Corridor Specific Plan.

3. The applicant shall incorporate colors, materials, and architectural features as approved by the Planning Commission which are represented with the project elevations and colored renderings drawn by “Commercial Architecture, Inc.” (received on September 26, 2020) to the satisfaction of the Planning Division. The three commercial buildings shall include the combination of bronze color standing seam metal roofing and light/dark grey with burgundy and mustard color type cement plaster finishes (which may be of smooth or rough textured finishes) integrated with wood siding and brick veneer, as well as the metal awnings over selected store front window areas. Any request for changes to the colors or materials for the proposed buildings shall be made in writing and shall receive prior approval from the Director of Community Development or designee prior to their installation.

4. Prior to approval of the final map associated with VTPM 18- 10, the applicant shall complete or guarantee completion in a form satisfacto ry to the Engineering Services Department, any required improvements associated with this entitlement (SPSP 18- 11) and VTPM 18- 10 to the satisfaction of the City which may include, but not be limited to: installation of curb, gutter, sidewalk, and landscaping improvements, pavement, and raised median in Hatch Road; installation of paved on- site parking areas, on-site landscaping, on-site storm drainage, water and sewer services; and the modification of the traffic signal at Hatch Road and Boothe Road to City Standards to the satisfaction of the Engineering Services Department, and are provided for the project to the satisfaction of the Engineering Services Department and Public Works Department.

5. A building permit will be required for each building, and the applicant shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, Mitchell Road Corridor Storm Drain Fees, Mitchell Road Corridor Specific Plan Reimbursement Fee, and Ceres Unified School District fees. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued. The project is required to comply with the requirements of the California Building Code that are in place at the time said building permit application is made for each building.

6. Net and Fencing, Insurance, and Indemnification:

ITEM 7
a. The Applicant shall, at their own expense, remove the non-native trees and replace the existing net along the north property line. The new net shall be designed and constructed at a minimum to meet the plans and specifications including materials used in the eastern net between the adjacent driving range and the City of Ceres soccer complex. To design the replacement net, the Applicant shall hire a certified, third-party consultant (subject to City staff approval) to identify an appropriate height and materials, according to PGA – Professional Golfers’ Association design standards, to ensure golf balls are reasonably prevented from entering the site.

b. The new net shall be installed prior to issuance of building permits of the first commercial building.

c. The new net may be designed to provide signage for River Oaks Golf Course, which may be sewn or integrated into the net’s design.

d. The Applicant shall enter into an agreement with the operator of the River Oaks Golf Course to determine the responsibility of the maintenance of the net. If an agreement cannot be reached between the parties, then the Applicant shall be responsible for the maintenance of the net.

e. The Applicant shall install and maintain a 6-foot chainlink fence with slats adjacent to and immediately south of the new net.

f. The Applicant shall record a deed restriction which shall name the operator of the River Oaks Golf Co urse and its successors -in-interest concurrent with the operation of the golf course, and the City of Ceres, its officers, officials, employees, and volunteers as “Additional Insureds” to the Applicant’s or successors-in-interest Insurance Policy, in the form of an endorsement at least as broad as ISO form CG 20 10.

g. The liability insurance shall be in a minimum amount of One Million Dollars ($1,000,000.00) per occurrence and if a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Insurance shall be obtained through an insurance company authorized to do business in the state of California with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Ceres. Applicant or their successor -in-interest shall provide a certificate of insurance and endorsements confirming the coverage is in place each year upon renewal to all additional insureds. The coverage shall remain in place and proof of insurance mailed to each of the insureds and their successors-in-interest upon annual renewal.

h. Applicant and their successors -in-interest shall hold harmless, defend and indemnify the City of Ceres and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Applicants’ or succes sors-in-interest performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the gross negligence or willful misconduct of the City of Ceres.

ITEM 7
i. A copy of any proposed changes to the insurance or hold harmless provisions of this Resolution or proposed removal or installation of the golf net fence shall be given to the owners and operators of the adjacent golf course and the City of Ceres.

7. The applicant shall be required to provide the following improvements to address traffic turning movements associated with the project, which shall be completed to the satisfaction of the City.

a. The proposed entrance into the site from Hatch Road shall be aligned with Boothe Road and the project shall utilize the traffic signals that already exist at the Boothe Road/Hatch Road intersection. The applicant shall update/modify the traffic signal, and subject to City review and approval, may be able to receive a credit tow ards fees for these improvements.

b. The design of the project shall include two key access points, including:
i. An additional roadway shall be provided which incorporates a left -in/left- out/straight through/right-out drive way approach at Hatch Road (at the existing traffic signal) which is situated between proposed Building 1 (on proposed Parcel A) and Building 2 (as proposed on Parcel B) and is extended to the existing 40-foot wide road easement.

ii. The Applicant shall install a 24-foot wide access gate with a remote for the 24- hour exclusive use of existing homeowners that reside along Golf Links Road, and daytime-only use by users of the golf course. Applicant shall provide the necessary non-exclusive easement to accomplish this access.

iii. A right-in/right-out turn pocket shall be provided where Hatch Road meets the existing 40-foot wide road easement while limiting left -hand turn access from Hatch Road.

Alternatively, this requirement can instead be achieved if the lane(s) and/or median can be configured in a manner within Hatch Road to create safe turning movements.

If said median and/or lane configuration can work within Hatch Road to create safe left-in/left-out turning movements. The applicant shall work with City staff to determine if there are available funds to share in the construction of said improvements.

c. The applicant shall ensure that the connectivity between the subject property and the east adjacent properties for future access to those properties is being maintained to the satisfaction of the City.

8. The applicant shall comply with the following conditions, which shall be completed prior to granting the occupancy of the first commercial building to the satisfaction of the Planning Division and Engineering Services Department:

a. The applicant shall obtain building permits for the 3,500 square foot commercial building, the 4,835 square foot commercial building, and the 14,160 square foot commercial building associated with the project.

ITEM 7

b. The required parking for the three commercial buildings is calculated at 1 space per 250 square feet of floor area.

c. As applicable, the applicant shall install all water, sanitary sewer and storm drain systems, and related utilities required to serve the project. Calculations for these utilities shall be prepared by a licensed civil engineer for review and approval by the City Engineer.

d. The applicant shall install street lights, striping and signing, paving, and any necessary transitions in accordance with the City of Ceres Procedures, Standard Specifications and Standard Details.

e. Any proposed exterior lighting will need to be shielded and/or directed downward and away, so as not to create any glare onto Mitchell Road, and the neighboring properties. The height of any new pole lighting proposed for the site shall not exceed the 30-foot tall height requirement per the Mitchell Road Corridor Specific Plan.

f. The applicant shall provide three (3) separate water related service lines, including fire service, domestic service, and irrigation service to serve this project and the applicant shall provide staff with detailed water calculations (sealed by a California licensed architect or Engineer).

g. The on- site improvements associated with the project (i.e. parking lot striping/paving, sidewalks/walkways, and lighting, etc.) shall comply with all City standards to the satisfaction of the Planning Division and Engi neering Services Department.

h. The applicant shall construct the three (3) refuse enclosures for the project as shown on the project site plan. Each refuse enclosure shall be constructed prior to granting occupancy for each building that said refuse enclosure(s) is intended to serve. Placement of these enclosures, size and design, shall be subject to review and approval by the City. The refuse enclosures shall meet the size requirements as established in the City of Ceres Water Efficient Guidelines and Standards. The enclosures shall have a 6’ masonry (split face block) wall with solid metal gates in front that match the building’s field color.

At a minimum, textured block for the exteriors shall be provided for each enclosure. Plans for these enclosures shall be provided at building permit submittal. Trees/shrubs shall be positioned around the enclosure to screen from public view to the satisfaction of the Planning Division.

i. The applicant shall ensure that the entire project complies with the American Disabilities Act (ADA) requirements to the satisfaction of the City of Ceres.

9. Prior to issuance of building permit(s) for the project, the applicant shall comply with the following requirements:

a. The applicant shall demonstrate that reciprocal parking, maintenance, and access agreements have been recorded between Parcel A, Parcel B, and Parcel C of the VTPM 18-10 entitlement.

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b. The applicant shall enter into a Landscape Maintenance Agreement (between the applicant and the City), which shall be signed and executed prior to the issuance of a building permit for the project. Landscape Plans shall meet State of California’s Model Water Efficient Landscape Ordinance (MWELO) standards and said plans shall be designed by a California State Licensed Landscape Architect.

The applicant shall ensure the project landscape plan incorporates trees and shrubs for the landscape areas of the project as follows:

i. Include at least 1 tree and 10 shrubs for each 35 feet of project street frontage area (along Hatch Road) with a minimum planter width of 15 feet.

ii. Include at least 1 tree for every 8 parking spaces in the interior of the project parking lot (i.e. tree wells).

iii. Include trees and shrubs situated around the buildings and parking lot area as illustrated on the project Landscape Plan (Sheets L0 and L1) as drawn by “KLA Landscape Architecture Planning” on September 10, 2019 (and received on September 26, 2019).

10. Signage for the project will be subject to the requirements of Chapter 18.42 (Ceres Sign Code) of the Municipal Code. For any proposed wall signs, the City will require wall signs to be designed as individual channel lettering with an appropriate background (not a cabinet type sign). The maximum allowable sign area for a wall sign for the three commercial buildings is 1 square foot of sign area for every 1 lineal foot of primary building frontage and ½ square foot for every 1 linear foot of secondary frontage.

Furthermore, in reference to Condition B -6 listed above, any separate permanent signage intended to advertise the business name of the golf course operation with the use of the net shall be limited to 150 square feet in size.

11. Prior to issuing any building permits for the project, the plans will need to demonstrate how drainage will be or has been accommodated to the satisfaction of the Engineering Services Department. The City may require all storm drainage to be retained on site, if connection cannot be made in the street to the Storm Drain system. The applicant may wish to accommodate some storm drainage capacity on -site, as in a significant rain event the collection system may become inundated and lose capacity, which may result in some temporary localized flooding on-site.

12. Prior to issuance of building or grading permits, the applicant shall address the issue of undergrounding any remaining existing overhead electrical/utility lines on the property and along the project frontage area along Hatch Road to the satisfaction of the City Engineer.

13. The applicant/future tenant(s) shall provide a standard food service grease trap for each building that has a kitchen/food prep area, which shall be approved by the County of Stanislaus Department of Environmental Resources.

14. If any “Bike Racks” are being proposed for the commercial project area, they shall be equally distributed throughout the area near the three proposed buildings.

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15. The applicant shall ensure that all roof mounted mechanical units are to be screened, and all exterior mechanical units visible from the street are painted the same of the buildings’ fields color and must have screened landscaping. Any wall mounted mechanical units need to be flush with the exterior of the building. This shall be accomplished to the satisfaction of the City.

16. The applicant shall comply with the requirements of the Turlock Irrigation District (TID) per the District’s letters dated November 27, 2019 and March 18, 2019 some of which include, but are not limited to the following:

a. There is an existing 12 kV overhead electric line near the east property boundary.

Boom type construction equipment must maintain 10 feet of clearance from the 12kV wires. This would also apply to maintaining adequate clearance from the garbage truck when raising the dumpster, which could necessitate relocation of the trash enclosure. All other structures, equipment and activities shall maintain 6 feet separation. A 15-foot wide easement centered on the overhead line would be required.

b. A 10 -foot public utility easement (PUE) shall be dedicated along all street frontages.

17. The applicant shall comply with all requirements imposed by the San Joaquin Valley Air Pollution Control District (SJVAPCD) per the letter dated December 10, 2019.

18. The applicant shall comply with all requirements imposed by the Stanislaus County Airport Land Use Commission per the letter dated December 19, 2019.

19. The applicant shall provide “As-Built” drawings of the improvements including plan and profiles of the water, sanitary sewer and storm drain systems. Alignments shall be tied to a monumented property corner.

C. GENERAL CONDITIONS OF APPROVAL

Planning Division

1. Development shall conform to the plans designated by the City Planning Division as “Final Exhibit”. Final exhibit shall consist of the submitted map(s), site plan, floor plans, elevations and landscape plans amended by the applicant to reflect any changes indicated above in, Item B, Project Specific Conditions or required by the City in the approval process. The applicant shall submit any required amended site plans to the Planning Division within 90-days of project approval. Failure to submit the amended plans will result in a delay in processing and/or approval of those plans.

2. The development impact fees and project processing fees due in connection with this project shall be based upon the fees in effect at the time the fee is paid unless modified by a Development Agreement or other mechanism approved by the City. All developers of property within this project site shall pay the appropriate City and County Public Facility Fees, Ceres Unified School District Fees, Mitchell Road Corridor Specific Plan Fees, and other applicable fees in place. These fees may be adjusted yearly based on the construction cost index or other method as approved by the City.

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3. Any plans associated with the permit shall be in substantial compliance to the approved site plan and the development shall be consistent with applicable sections of the General Plan, Zoning Ordinance and applicable master plan. Violation of any provision(s) may result in Code Enforcement action, which may include revocation of permit and/or monetary penalties.

4. As applicable, the applicant shall meet all requirements of Pacific Gas & Electri c, AT&T, San Joaquin Valley Air Pollution Control District, Turlock Irrigation District (TID) and other utility agencies serving the project site to the satisfaction of the Planning Division.

5. The developer will defend, indemnify, and hold harmless the City, its agents, officers, employees and volunteers from and against all claims, lawsuits, or causes of action (whether brought solely against the City or jointly against both City, developer, or others), damages, losses, and expenses, including attorney fees, arising in any manner out of the approval or the application approved herein, including, without limitation, all actions or proceedings to attack, set aside, void or annul the permit granted pursuant to the City’s approval of the application referenced herein, provided the City notifies the developer within a reasonable time of any such claim, action or proceeding, and cooperates in the defense of such claims, actions or proceedings.

6. Prior to any construction activity, the developer shall inform all contractors of the possibility that human remains may be found on the site during construction activities.

The applicant shall consult with the Native American Heritage Commission for recommended procedures if human remains are found.

7. As determined by the City, the applicant shall secure all necessary easements for reciprocal access, parking, landscaping and/or public utilities over the proposed property. Where required, location of all easements shall be agreed to with the City prior to the issuance of building permits. These easements shall be recorded prior to issuance of a Certificate of Occupancy.

8. In addition to complying with the State of California’s Model Water Efficient Landscape Ordinance (MWELO) standards, the applicant shall be required to landscape and irrigate the property as stipulated by the City of Ceres Water Efficient Guidelines and Standards. The applicant, prior to building permit submittal, shall provide landscape and irrigation plans indicating the type, size and location of planted material, water usage calculations and irrigation plans. The Director of Community Development or his designee will review and approve all landscape and irrigation plans. A Landscape Maintenance Agreement form shall be signed and executed prior to issuance of a building permit.

9. The trash/recycling enclosures for this project shall meet the size requirements established in the City of Ceres Water Efficient Guidelines and Standards. Each enclosure shall have a six-foot textured masonry block with solid metal gates in front that match the building field color. In visible locations, the enclosures may be required to have stucco siding and provide landscape screening, such as climbing vines or bushes to the discretion of the Director of Community Development or his designee.

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10. All signage shall be consistent with the standards and guidelines established in the City of Ceres Municipal Code. The placement and installation of said signs shall comply with both zoning and building codes in place at time of approval.

11. The applicant shall comply with the visibility obstructions at public intersections provisions in the City of Ceres Municipal Code.

12. During the construction phase, the applicant shall ensure temporary outdoor storage of items will be screened with a fence or wall, as required. Depending on use, fences or walls shall not exceed eight (8’) feet in height including security measures, unless required for environmental mitigation or approval of the Planning Commission or City Council.

13. The applicant shall comply with the requirements of the San Joaquin Valley Air Pollution Control District regarding Rule 9510 to the satisfaction of the City of Ceres.

If applicable, applicant shall submit verification of compliance or payment of fee to the satisfaction of the Director of Permits Services or designee from the Air District, prior to issuance of a building permit. Additionally, the applicant shall incorporate measures per the SJVAPCD guidelines to reduce greenhouse gas emissions to the satisfaction of the SJVAPCD and to the City.

14. The Planning Division may approve minor amendments to the project, provided that the amendment is still in substantial conformance with the original approval of this entitlement (SPSP 18- 11). A request for a minor amendment shall be submitted in writing to the Planning Division. Any request that is not deemed minor in nature must be presented to the Planning Commission through the amendment process and the applicant shall pay the necessary processing fees.

15. The applicant and/or outside party have the right to appeal, within 10- days, any decision of the Planning Commission to the City Council per the provisions of Chapter

18.46 of the Ceres Municipal Code.

16. The applicant shall comply with the applicable sections of both the Mitchell Road Corridor Specific Plan and the Ceres Municipal Code.

Engineering Services Department/Public Works Department

The applicant shall comply with the requirements imposed by the City of Ceres Engineering Services Department/Public Works Department, which may include, but not be limited to the following:

1. The applicant shall submit to the City of Ceres for review and approval, a grading and drainage plan prepared by a Registered Civil Engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion.

2. The applicant shall demonstrate to the satisfaction of the Engineering Services Department that surface water runoff from the proposed buildings, including new access/driveway/parking areas, are conveyed to stormwater facilities and that the facilities are adequately sized for the proposed changes.

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3. A soils report is required for the project. The applicant shall submit to the City of Ceres for review and approval, a detailed soils report certified by a Civil Engineer registered in the State of California and qualified to perform soils work. The soils report shall comply with the requirements of the current edition of the International Building Code with the current California amendments. The soils report shall provide design parameters for proposed building foundation, soil preparation, and specifications and recommendations for pavement sections, including loading areas and fire lanes.

4. The project may be subject to providing the Engineering Services Department (209- 538-5792) with water and sewer analysis to ensure the City has sufficient capacity to serve the development.

5. All services shall be installed and protected as per City standards. Additional utility easements may be needed for sewer, water, and storm drainage.

6. Prior to issuance of building permits, a plan for preventing stormwater pollution and implementation of appropriate Best Management Practices (BMP’s) must be submitted to, and approved by, the Ceres Engineering Services Department. The plan shall comply wit h the State Water Regional Control Board Storm water Best Management Practices during construction.

7. The project shall be designed to incorporate “Low Impact Development (LID)” design parameters as well as a Stormwater Pollution Prevention Plan (SWPPP). The City needs a copy of the SWPPP prior to start of construction (grading). The applicant will be required to implement construction BMP's to prevent sediment from entering the street and the City's stormdrain inlets, which includes gravel drives at entrance/exit points, wattles, and stormdrain inlet filters, as well as keeping concrete wash, chemicals, etc. out of the stormdrain system. This shall be done to the satisfaction of the Engineering Services Department.

8. The applicant shall provide three (3) separate water related service lines, including fire service, domestic service, and irrigation service.

9. Prior to any work being conducted within the City right-of-way and prior to issuance of building permits, the applicant shall obtain an Encroachment Permit from the City.

Prior to issuance of the Encroachment Permit, the applicant shall submit to the City of Ceres for review and approval, improvement plans prepared by a registered Civil Engineer; shall pay plan check and inspection fees; shall provide a cost estimate of the improvements; and shall post sufficient surety guaranteeing the construction of the improvements.

10. The applicant shall provide traffic control plans, prepared by a registered civil engineer, for all proposed work within the City right-of-way.

11. As applicable, all existing utilities shall be properly abandoned or relocated. All new and relocated utilities shall be placed underground and consistent with City Council policy on location and undergrounding of utility boxes. Additionally, any wells or septic systems existing of the property shall also be abandoned. Additional utility easements might be needed for sewer, water, and storm drainage.

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12. The applicant shall indicate, in writing to the City, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per County of Stanislaus requirements.

13. The project soils engineer shall submit a soils certification prior to placement of building foundations and pavement.

14. The applicant shall submit pavement design sections to the Engineering Services Department for review and approval prior to placement of pavement.

15. All improvements shall be constructed in accordance with City standards and to the satisfaction of the Engineering Services Department.

16. The applicant shall comply with San Joaquin Valley Air Pollution Control District regulations for the construction phase of this project.

DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:

17. If any hazardous waste is encountered during the construction of this project, then all work shall be immediately stopped and the Stanislaus County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.

18. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.

19. If grading is to take place between October 1 and May 1, both temporary and permanent erosion control plans shall be submitted for review and approval along with the grading plan. Permanent erosion control measures shall include hydro- seeding of all graded slopes within 60-days of completion of grading.

20. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer.

21. Sufficient surety guaranteeing the public improvements for a period of one year shall be provided.

22. If there are substantial changes in the size, alignment, grades, etc. during construction, then original "as-built" plans on the standard size sheets will be certified by the Project Civil Engineer and returned to the City Engineering Services Department office.

Building Division

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1. The proposed development requires the approval of building permit(s) and it shall be subject to comply with the currently adopted California Building Code and disability accessibility as approved by the Building Division at the time of building permit issuance.

2. The applicant shall list all color and materials on the construction drawings when submitted to the City’s Building Division.

3. An automatic fire sprinkler system will be required for buildings that are 5,000 square feet or more in size.

4. Approval of this project is not an authorization to commence construction. Building construction, alterations, repairs, sign erection or occupancy shall not be permitted without prior approval of the Building Division through issuance of any required permits.

5. All construction shall meet the requirements of the current adopted California Building Code, and disability accessibility as approved by the Building Division.

6. Construction of all improvements shall be completed by licensed contractor(s).

7. The applicant shall obtain approval of a City of Ceres building permit for each proposed building and shall pay all applicable fees, including but not limited to:

City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, and Ceres Unified School District fees. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permits is issued.

8. The applicant shall provide on-site restroom facilities during construction.

9. Handicapped parking stalls shall have a dimension of 17’ x 19’ with the access area on the passenger side. Handicapped accessibility to the proposed building shall be required. Handicapped accessibility to the proposed building shall be required per State Law and to the approval of the Building official.

10. The project will be subject to approval from the San Joaquin Valley Air Pollution Control District.

Fire Department

The project shall conform to any requirements imposed by the Emergency Services Department, including, but not limited to:

1. All construction shall conform to the requirements of the Ceres Building Division and Ceres Ordinance 84-6 25, as amended pertaining to the Uniform Fire Code and Ordinance 80-546, as amended, pertaining to Automatic Sprinklers.

2. An automatic fire sprinkler system is required for building that are 5,000 square feet or more in size. Each sprinkler system must be approved by the Fire Marshal.

3. A Hood and Duct Suppression System is required for restaurant uses.

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4. A Knox type key emergency access box is required for each building. Location to be specified by the Ceres Emergency Services.

5. Knox type padlock (with puck control; keypad and Knox override switch) is required for the gated access points on Golf Links Drive to satisfaction of the Fire Marshal.

6. All emergency vehicle access points and proposed utilities shall ensure cross - easements and shall be located per the proposed development plans unless modified by these conditions.

7. All emergency vehicle access areas shall be constructed of an all weather material approved by the Ceres Emergency Services.

8. An approved fire alarm system is required for each building and each system shall be 24-hour monitored by an approved and UL listed monitoring station.

9. Fire hydrant(s) are required. All fire hydrant(s) shall be spaced 300 feet apart in which both on and off site location to be approved by Ceres Fire Department. Fire hydrants shall also be within 50 feet of the Fire Department Connection on the same side roadway for the Automatic Fire Sprinkler System. They shall be connected to a minimum main size of 8 inches for a dead-end hydrant and 6 inches for a looped system.

10. Each hydrant shall be Rich 960 or equal and be within 50 feet of each Fire Department Connection (FDC). Fire Department Connections (FDC’s) shall be located per Ceres Fire Department specifications.

11. Fire main layout shall be reviewed and approved by the Ceres Emergency Services. All water systems shall be looped when supplying more than one hydrant.

12. If applicable, Fire Lane-No Parking zones shall be established and marked for this project per the Fire Department specifications.

13. If applicable, all interior turning radius’ for this project shall be required to meet the requirements of the Fire Department.

14. The applicant shall provide and install security lighting for the project.

15. Each building shall be clearly identified by street address or building number.

16. All security gates shall be approved by the Ceres Fire Department. The security gates and the emergency operation shall always be maintained operational.

Electric gate operators, where provided, shall be listed in accordance with UL 325.

Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.

17. All gates shall be provided with an approved egress system for the Ceres Fire Department.

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18. Blue roadway indicators shall be provided according to the Ceres Fire Department policy.

19. A minimum of 48-hour notice is required for all inspections.

Police Department

1. The project will be required to conform to the provisions of the Public Peace, Safety and Morals section of the Ceres Municipal Code.

ITEM 7
EXHIBIT “B”

REVISED CONDITIONS OF APPROVAL - REDLINED

The following is a list of Conditions of Approval presented in a form that includes both additions (underlined) and deletions (strikethrough) to represent the changes as follows:

A. PROJECT AUTHORIZATION

3. This Conditional Use Permit entitlement shall expire within 24 months ( February 28, 2024March 2, 2022) unless a building permit is issued, or the use is exercised, or a request for extension is received by the City prior to expiration of the permit and approved by the Planning Commission. If the final map for VTPM 18- 10 is adopted before its expiration date, then this Specific Plan Site Plan (SPSP 18-11) entitlement is valid and has no expiration date. IT SHALL BE THE

RESPONSIBILITY OF THE APPLICANT/PROPERTY OWNER TO BE AWARE

OF THE EXPIRATION DATE OF THIS ENTITLEMENT AND TAKE THE

NECESSARY STEPS TO ENSURE THE APPROVAL OF THIS ENTITLEMENT REMAINS VALID. IT SHALL NOT BE THE CITY OF CERES RESPONSIBILITY TO NOTIFY THE APPLICANT/PROPERTY OWNER OF THE PROJECT’S EXPIRATION DATE. IF AN APPROVED ENTITLEMENT EXPIRES, THE

APPLICANT/PROPERTY OWNER SHALL BE REQUIRED TO SUBMIT A NEW APPLICATION REQUEST FOR THIS PROJECT.

B. PROJECT SPECIFIC CONDITIONS

Prior to issuance of a Final Site Plan Map, the applicant shall demons trate conformance to the following conditions to the satisfaction of the Planning and Building Division:

1. The applicant shall respond in writing to all conditions contained in this document and its attachments. Responses shall be in a letter format with each ITEM 7
condition numbered and indexed for reference and shall describe how the condition has been met and shall, where applicable, direct the plan checker to the page and/or drawing detail that demonstrates compliance with the condition. These changes shall be indicated with a delta or cloud symbol. A copy of these responses shall be provided with each set of the final site map and improvement plans. These changes shall be approved by the Planning Division PRIOR to the submittal, and City acceptance, of a Building Permit application.

In the event that the City Council does not approve the amendment request, development of this project and future commercial uses would be considered under the “MX-2” designation within the Mitchell Road Corridor Specific Plan.

4. Prior to approval of the final map associated with VTPM 18 -10, the applicant shall complete or guarantee completion in a form satisfactory to the Engineering Services Department, any required improvements associated with this entitlement (SPSP 18- 11) and VTPM 18- 10 to the satisfaction of the City which may include, but not be limited to: installation of curb, gutter, sidewalk, and landscaping improvements, pavement, and raised median in Hatch Road; installation of paved on- site parking areas, on-site landscaping, on-site storm drainage, water and sewer services; and the modification of the traffic signal at Hatch Road and Boothe Road to City Standards to the satisfaction of the Engineering Services Department, and are provided for the project to the satisfaction of the Engineering Services Department and Public Works Department.

5. A building permit will be required for each building, and the applicant shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, Mitchell Road Corridor Storm Drain Fees, Mitchell Road Corridor Specific Plan Reimbursement Fee, and Ceres Unified School District fees. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued. The project is required to comply with ITEM 7
the requirements of the California Building Code that are in place at the time said building permit application is made for each building.

6. Golf balls hit from the north adjacent golf course driving range can potentially enter the subject property. The applicant and the golf course owners shall work together to hire a 3rd party consultant (subject to City staff approval) to identify an appropriate height of a net that can be designed (and installed along the north property line of the subject site) to prevent the golf balls from entering the site. The applicant shall be the responsible party for the cost for both the removal of the existing net and non- native trees along the north property line and the replacement with a new net (designed to meet PGA – Professional Golfers’ Association design guidelines) at the height recommended by the consultant (as referenced above), which shall be installed prior to occupancy of the first commercial building. The future net can also be designed to provide signage for River Oaks Golf Course, which can be sewn or integrated into the net’s design.

The River Oaks Golf Course will be responsible for the maintenance of the protective netting as required by the Settlement Agreement and Mutual Release executed between the City of Ceres and River Oaks Golf Course, Inc., as approved by the City in Resolution No. 2004 -109. The applicant shall record a deed restriction on these parcels when the map is created that would ensure that current and future property owners of River Oaks Plaza Commercial Center shall provide, as an additional insured, the River Oaks Golf Course and the City of Ceres on the River Oaks Plaza Commercial Center liability insurance.

6. Net and Fencing, Insurance, and Indemnification:

a. The Applicant shall, at their own expense, remove the non-native trees and replace the existing net along the north property line. The new net shall be designed and constructed at a minimum to meet the plans and specifications including materials used in the eastern net between the adjacent driving range and the City of Ceres soccer complex. To design the replacement net, the Applicant shall hire a certified, third-party consultant (subject to City staff approval) to identify an appropriate height and materials, according to PGA – Professional Golfers’ Association design standards, to ensure golf balls are reasonably prevented from entering the site.

b. The new net shall be installed prior to issuance of building permits of the first commercial building.

c. The new net may be designed to provide signage for River Oaks Golf Course, which may be sewn or integrated into the net’s design.

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e. The Applicant shall install and maintain a 6-foot chainlink fence with slats adjacent to and immediately south of the new net.

f. The Applicant shall record a deed restriction which shall name the operator of the River Oaks Golf Course and its successors -in-interest concurrent with the operation of the golf course, and the City of Ceres, its officers, officials, employees, and volunteers as “Additional Insureds” to the Applicant’s or successors-in-interest Insurance Policy, in the form of an endorsement at least as broad as ISO form CG 20 10.

h. Applicant and their successors -in-interest shall hold harmless, defend and indemnify the City of Ceres and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Applicants’ or successors -in-interest performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the gross negligence or willful misconduct of the City of Ceres.

i. A copy of any proposed changes to the insurance or hold harmless provisions of this Resolution or proposed removal or installation of the golf net fence shall be given to the owners and operators of the adjacent golf course and the City of Ceres.

7. The applicant shall be required to provide the following improvements to address traffic turning movements associated with the project, which shall be completed to the satisfaction of the City.

b. The design of the project shall include two key access points, including:

i. An additional roadway shall be provided which incorporates a left -in/left- out/straight through/right-out drive way approach at Hatch Road (at the existing traffic signal) which is situated between proposed Building 1 (on ITEM 7
proposed Parcel A) and Building 2 (as proposed on Parcel B) and is extended to the existing 40-foot wide road easement.

This access will be stubbed for the future development of the west adjoining property so that the future development to the west will be able to safely enter and exit the commercial center onto Hatch Road through the signalized intersection. This access will consist of the installation of The Applicant shall install a 24-foot wide access gate with a remote for the 24- hour exclusive use of existing homeowners that reside along Golf Links Road, and daytime-only use by users of the golf course.which shall also be completed at the applicant’s expense. Applicant shall provide the necessary non-exclusive easement to accomplish this access.

ii. A right-in/right-out turn pocket shall be provided where Hatch Road meets the existing 40-foot wide road easement while limiting left-hand turn access from Hatch Road.

Alternatively, this requirement can instead be achieved if the lane(s) and/or median can be configured in a manner within Hatch Road to create safe turning movements.

c. The applicant shall be responsible for ensuring that the 40-foot private roadway easement that traverses along the west property line of the project site is being maintained to the satisfaction of the City to allow both the patrons of the golf course and the homeowners that reside along Golf Links Road the continued use of this private roadway.

d.c. The applicant shall ensure that the connectivity between the subject property and the east and west adjacent properties for future access to those properties is being maintained to the satisfaction of the City.

b. The required parking for the three commercial buildings is calculated at 1 space per 250 square feet of floor area.

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g. The on- site improvements associated with the project (i.e. parking lot striping/paving, sidewalks/walkways, and lighting, etc.) shall comply w ith all City standards to the satisfaction of the Planning Division and Engineering Services Department.

h. The applicant shall construct the three (3) refuse enclosures for the project as shown on the project site plan. Each refuse enclosure shall be cons tructed prior to granting occupancy for each building that said refuse enclosure(s) is intended to serve. Placement of these enclosures, size and design, shall be subject to review and approval by the City. The refuse enclosures shall meet the size requirements as established in the City of Ceres Water Efficient Guidelines and Standards. The enclosures shall have a 6’ masonry (split face block) wall with solid metal gates in front that match the building’s field color.

i. The applicant shall ensure that the entire project complies with the American Disabilities Act (ADA) requirements to the satisfaction of the City of Ceres.

9. Prior to issuance of building permit(s) for the project, the applicant shall comply with the following requirements:

a. The applicant shall demonstrate that reciprocal parking, maintenance, and access agreements have been recorded between Parcel A, Parcel B, and Parcel C of the VTPM 18-10 entitlement.

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i. Include at least 1 tree and 10 shrubs for each 35 feet of project street frontage area (along Hatch Road) with a minimum planter width of 15 feet.

ii. Include at least 1 tree for every 8 parking spaces in the interior of the project parking lot (i.e. tree wells).

11. Prior to issuing any building permits for the project, the plans will need to demonstrate how drainage will be or has been accommodated to the satisfaction of the Engineering Services Department. The City may require all storm drainage to be retained on site, if connection cannot be made in the street to the Storm Drain system. The applicant may wish to accommodate some storm drainage capacity on-site, as in a significant rain event the collection system may become inundated and lose capacity, which may result in some temporary localized flooding on-site.

14. If any “Bike Racks” are being proposed for the commercial project area, they shall be equally distributed throughout the area near the three proposed buildings.

ITEM 7

a. There is an existing 12 kV overhead electric line near the east property boundary. Boom type construction equipment must maintain 10 feet of clearance from the 12kV wires. This would also apply to maintaining adequate clearance from the garbage truck when raising the dumpster, which could necessitate relocation of the trash enclosure. All other structures, equipment and activities shall maintain 6 feet separation. A 15- foot wide easement centered on the overhead line would be required.

b. A 10 -foot public utility easement (PUE) shall be dedicated along all street frontages.

17. The applicant shall comply with all requirements imposed by the San Joaquin Valley Air Pollution Control District (SJVAPCD) per the letter dated December 10, 2019.

18. The applicant shall comply with all requirements imposed by the Stanislaus County Airport Land Use Commission per the letter dated December 19, 2019.

19. The applicant shall provide “As -Built” drawings of the improvements including plan and profiles of the water, sanitary sewer and storm drain systems. Alignments shall be tied to a monumented property corner.

C. GENERAL CONDITIONS OF APPROVAL

Planning Division

1. Development shall conform to the plans designated by the City Planning Division as “Final Exhibit”. Final exhibit shall consist of the submitted map(s), site plan, floor plans, elevations and landscape plans amended by the applicant to reflect any changes indicated above in, Item B, Project Specific Conditions or required by the City in the approval process. The applicant shall submit any required amended site plans to the Planning Division within 90- days of project approval. Failure to submit the amended plans will result in a delay in processing and/or approval of those plans.

All developers of property within this project site shall pay the appropriate City and County Public Facility Fees, Ceres Unified School District Fees, Mitchell Road Corridor Specific Plan Fees, and other applicable fees in place. These fees may be adjusted yearly based on the construction cost index or other method as approved by the City.

ITEM 7
Violation of any provision(s) may result in Code Enforcement action, which may include revocation of permit and/or monetary penalties.

4. As applicable, the applicant shall meet all requirements of Pacific Gas & Electric, AT&T, San Joaquin Valley Air Pollution Control District, Turlock Irrigation District (TID) and other utility agencies serving the project site to the satisfaction of the Planning Division.

6. Prior to any construction activity, the developer shall inform all contractors of the possibility that human remains may be found on the site during construction activities. The applicant shall consult with the Native American Heritage Commission for recommended procedures if human remains are found.

9. The trash/recycling enclosures for this project shall meet the size requirements established in the City of Ceres Water Efficient Guidelines and Standards. Each enclosure shall have a six -foot textured masonry block with solid metal gates in front that match the building field color. In visible locations, the enclosures may be required to have stucco siding and provide landscape screening, such as climbing vines or bushes to the discretion of the Director of Community Development or his designee.

ITEM 7

11. The applicant shall comply with the visibility obstructions at public intersections provisions in the City of Ceres Municipal Code.

13. The applicant shall comply with the requirements of the San Joaquin Valley Air Pollution Control District regarding Rule 9510 to the satisfaction of the City of Ceres. If applicable, applicant shall submit verification of compliance or payment of fee to the satisfaction of the Director of Permits Services or designee from the Air District, prior to issuance of a building permit. Additionally, the applicant shall incorporate measures per the SJVAPCD guidelines to reduce greenhouse gas emissions to the satisfaction of the SJVAPCD and to the City.

15. The applicant and/or outside party have the right to appeal, within 10- days, any decision of the Planning Commission to the City Council per the provisions of Chapter 18.46 of the Ceres Municipal Code.

16. The applicant shall comply with the applicable sections of both the Mitchell Road Corridor Specific Plan and the Ceres Municipal Code.

Engineering Services Department/Public Works Department

The applicant shall comply with the requirements imposed by the City of Ceres Engineering Services Department/Public Works Department, which may include, but not be limited to the following:

3. A soils report is required for the project. The applicant shall submit to the City of Ceres for review and approval, a detailed soils report certified by a Civil Engineer ITEM 7
registered in the State of California and qualified to perform soils work. The soils report shall comply with the requirements of the current edition of the International Building Code with the current California amendments. The soils report shall provide design parameters for proposed building foundation, soil preparation, and specifications and recommendations for pavement sections, including loading areas and fire lanes.

4. The project may be subject to providing the Engineering Services Department (209- 538-5792) with water and sewer analysis to ensure the City has sufficient capacity to serve the development.

5. All services shall be installed and protected as per City standards. Additional utility easements may be needed for sewer, water, and storm drainage.

6. Prior to issuance of building permits, a plan for preventing stormwater pollution and implementation of appropriate Best Management Practices (BMP’s) must be submitted to, and approved by, the Ceres Engineering Services Department. The plan shall comply with the State Water Regional Control Board Storm water Best Management Practices during construction.

7. The project shall be designed to incorporate “Low Impact Development (LID)” design parameters as well as a Stormwater Pollution Prevention Plan (SWPPP). The City needs a copy of the SWPPP prior to start of construction (grading). The applicant will be required to implement construction BMP's to prevent sediment from entering the street and the City's stormdrain inlets, which includes gravel drives at entrance/exit points, wattles, and stormdrain inlet filters, as well as keeping concrete wash, chemicals, et c. out of the stormdrain system. This shall be done to the satisfaction of the Engineering Services Department.

8. The applicant shall provide three (3) separate water related service lines, including fire service, domestic service, and irrigation service.

9. Prior to any work being conducted within the City right-of-way and prior to issuance of building permits, the applicant shall obtain an Encroachment Permit from the City.

10. The applicant shall provide traffic control plans, prepared by a registered civil engineer, for all proposed work within the City right-of-way.

12. The applicant shall indicate, in writing to the City, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be ITEM 7
abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per County of Stanislaus requirements.

13. The project soils engineer shall submit a soils certification prior to placement of building foundations and pavement.

14. The applicant shall submit pavement design sections to the Engineering Services Department for review and approval prior to placement of pavement.

15. All improvements shall be constructed in accordance with City standards and to the satisfaction of the Engineering Services Department.

16. The applicant shall comply with San Joaquin Valley Air Pollution Control District regulations for the construction phase of this project.

DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:

18. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.

21. Sufficient surety guaranteeing the public improvements for a period of one year shall be provided.

Building Division

1. The proposed development requires the approval of building permit(s) and it shall be subject to comply with the currently adopted California Building Code and ITEM 7
disability accessibility as approved by the Building Division at the time of building permit issuance.

2. The applicant shall list all color and materials on the construction drawings when submitted to the City’s Building Division.

3. An automatic fire sprinkler system will be required for buildings that are 5,000 square feet or more in size.

5. All construction shall meet the requirements of the current adopted California Building Code, and disability accessibility as approved by the Building Division.

6. Construction of all improvements shall be completed by licensed contractor(s).

7. The applicant shall obtain approval of a City of Ceres building permit for each proposed building and shall pay all applicable fees, including but not limited to:

City of Ceres Public Facility Fe es, Stanislaus County Public Facility Fees, and Ceres Unified School District fees. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permits is issued.

8. The applicant shall provide on-site restroom facilities during construction.

10. The project will be subject to approval from the San Joaquin Valley Air Pollution Control District.

Fire Department

The project shall conform to any requirements imposed by the Emergency Services Department, including, but not limited to:

1. All construction shall conform to the requirements of the Ceres Building Division and Ceres Ordinance 84- 625, as amended pertaining to the Uniform Fire Code and Ordinance 80-546, as amended, pertaining to Automatic Sprinklers.

2. An automatic fire sprinkler system is required for building that are 5,000 square feet or more in size. Each sprinkler system must be approved by the Fire Marshal.

3. A Hood and Duct Suppression System is required for restaurant uses.

4. A Knox type key emergency access box is required for each building. Location to be specified by the Ceres Emergency Services.

ITEM 7

5. Knox type padlock (with puck control; keypad and Knox override switch) is required for the gated access points on Golf Links Drive to satisfaction of the Fire Marshal.

6. All emergency vehicle access points and proposed utilities shall ensure cross - easements and shall be located per the proposed development plans unless modified by these conditions.

7. All emergency vehicle access areas shall be constructed of an all weather material approved by the Ceres Emergency Services.

8. An approved fire alarm system is required for each building and each system shall be 24-hour monitored by an approved and UL listed monitoring station.

11. Fire main layout shall be reviewed and approved by the Ceres Emergency Services.

All water systems shall be looped when supplying more than one hydrant.

12. If applicable, Fire Lane-No Parking zones shall be established and marked for this project per the Fire Department specifications.

13. If applicable, all interior turning radius’ for this project shall be required to meet the requirements of the Fire Department.

14. The applicant shall provide and install security lighting for the project.

15. Each building shall be clearly identified by street address or building number.

16. All security gates shall be approved by the Ceres Fire Department. The security gates and the emergency operation shall always be maintained operational. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.

17. All gates shall be provided with an approved egress system for the Ceres Fire Department.

18. Blue roadway indicators shall be provided according to the Ceres Fire Department policy.

19. A minimum of 48-hour notice is required for all inspections.

ITEM 7

Police Department

1. The project will be required to conform to the provisions of the Public Peace, Safety and Morals section of the Ceres Municipal Code.

ITEM 7

ITEM 7
Attachment 4
Proposed Modifications to Conditions of Approval of PC Resolution 20-12 Related to Specific Plan Site Plan (SPSP 18-11)
The following specific conditions of approval would be amended. Additions are underlined and deletions are struck-through. Conditions not listed here are not proposed to be amended.

A. PROJECT AUTHORIZATION

3. This Conditional Use Permit entitlement shall expire within 24 months ( February 28, 2024March 2, 2022) unless a building permit is issued, or the use is exercised, or a request for extension is received by the City prior to expiration of the permit and approved by the Planning Commission. If the final map for VTPM 18- 10 is adopted before its expiration date, then this Specific Plan Site Plan (SPSP 18 -11) entitlement is valid and has no expiration date. IT SHALL BE THE RESPONSIBILITY OF THE

APPLICANT/PROPERTY OWNER TO BE AWARE OF THE EXPIRATION DATE OF

THIS ENTITLEMENT AND TAKE THE NECESSARY STEPS TO ENSURE THE APPROVAL OF THIS ENTITLEMENT REMAINS VALID. IT SH ALL NOT BE THE

CITY OF CERES RESPONSIBILITY TO NOTIFY THE APPLICANT/PROPERTY OWNER OF THE PROJECT’S EXPIRATION DATE. IF AN APPROVED

ENTITLEMENT EXPIRES, THE APPLICANT/PROPERTY OWNER SHALL BE REQUIRED TO SUBMIT A NEW APPLICATION REQUEST FOR THIS PROJECT.

B. PROJECT SPECIFIC CONDITIONS

6. Golf balls hit from the north adjacent golf course driving range can potentially enter the subject property. The applicant and the golf course owners shall work together to hire a 3rd party consultant (subject to City staff approval) to identify an appropriate height of a net that can be designed (and installed along the north property line of the subject site) to prevent the golf balls from entering the site. The applicant shall be t he responsible party for the cost for both the removal of the existing net and non- native trees along the north property line and the replacement with a new net (designed to meet PGA – Professional Golfers’ Association design guidelines) at the height recommended by the consultant (as referenced above), which shall be installed prior to occupancy of the first commercial building. The future net can also be designed to provide signage for River Oaks Golf Course, which can be sewn or integrated into the net’s design.

River Oaks Plaza Commercial Center will name River Oaks Golf Course and the City of Ceres as “Additional Certificate Holders” on the River Oaks Plaza Commercial Center Insurance Policy. River Oaks Plaza Commercial Center shall install protective netting along the common property line with the River Oaks Golf Course. The River Oaks Golf Course will be responsible for the maintenance of the protective netting as required by the Settlement Agreement and Mutual Release executed between the City of Ceres and River Oaks Golf Course, Inc., as approved by the City in Resolution No. 2004-109. The applicant shall record a deed restriction on these parcels when the map is created that would ensure that current and future property owners of River ITEM 7
Oaks Plaza Commercial Center shall provide, as an additional insured, the River Oaks Golf Course and the City of Ceres on the River Oaks Plaza Commercial Center liability insurance.

6. Net and Fencing, Insurance, and Indemnification:

b. The new net shall be installed prior to issuance of building permits of the first commercial building.

c. The new net may be designed to provide signage for River Oaks Golf Course, which may be sewn or integrated into the net’s design.

d. The Applicant shall enter into an agreement with the operator of the River Oaks Golf Course to determine the responsibility of the maintenance of the net . If an agreement cannot be reached between the parties, then the Applicant shall be responsible for the maintenance of the net.

e. The Applicant shall install and maintain a 6-foot chainlink fence with slats adjacent to and immediately south of the new net.

f. The Applicant shall record a deed restriction which shall name the operator of the River Oaks Golf Course and its successors -in-interest concurrent with the operation of the golf course, and the City of Ceres, its officers, officials, employees, and volunteers as “Additional Insureds” to the Applicant’s or successors-in-interest Insurance Policy, in the form of an endorsement at least as broad as ISO form CG 20 10.

h. Applicant and their successors -in-interest shall hold harmless, defend and indemnify the City of Ceres and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including ITEM 7
without limitation costs and fees of litigation) of every nature arising out of or in connection with Applicants’ or successors -in-interest performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the gross negligence or willful misconduct of the City of Ceres.

7. The applicant shall be required to provide the following improvements to address traffic turning movements associated with the project, which shall be completed to the satisfaction of the City.

b. The design of the project shall include two key access points, including:

i. An additional roadway shall be provided which incorporates a left -in/left- out/straight through/right-out drive way approach at Hatch Road (at the existing traffic signal) which is situated between proposed Building 1 (on proposed Parcel A) and Building 2 (as proposed on Parcel B) and is extended to the existing 40-foot wide road easement.

This access will be stubbed for the future development of the west adjoining property so that the future development to the west will be able to safely enter and exit t he commercial center onto Hatch Road through the signalized intersection. This access will consist of the installation of The Applicant shall install a 24-foot wide access gate with a remote for the 24-hour exclusive use of existing homeowners that reside along Golf Links Road, and daytime -only use by users of the golf course.which shall also be completed at the applicant’s expense. Applicant shall provide the necessary non- exclusive easement to accomplish this access.

ii. A right-in/right-out turn pocket shall be provided where Hatch Road meets the existing 40-foot wide road easement while limiting left -hand turn access from Hatch Road.

Alternatively, this requirement can instead be achieved if the lane(s) and/or median can be configured in a manner within Hatch Road to create safe turning movements.

ITEM 7

c. The applicant shall be responsible for ensuring that the 40- foot private roadway easement that traverses along the west property line of the project site is being maintained to the satisfaction of the City to allow both the patrons of the golf course and the homeowners that reside along Golf Links Road the continued use of this private roadway.

ITEM 7
Attachment 5
ITEM 7
ITEM 7

CITY OF CERES

PLANNING COMMISSION

MEETING MINUTES
March 2, 2020
MEETI
NG CALLED TO ORDER: 6:00 p.m.

PLEDGE O
F ALLEGIANCE:

The Pledge of Al
legiance was led by Chairperson Smith.

ROLL CALL:

PRESENT: Com
missioners: Del Nero, Johnson, Kachel, Silveira, Chairperson Smith
ABSENT: N
one

ALSO PRESENT
: Director of Community Development Tom Westbrook , City Manager Toby Wells, Senior Planner James Michaels, City Attorney Nubia Goldstein, Administrative Secretary Ann
Montgomery
CONFLICT OF INTEREST DECLARATION:

None
CITIZE
N COMMUNICATIONS:

None

CONSENT C
ALENDAR:

1. Clerk’
s Report of Posting. The Agenda for the regular meeting of the P lanning Commission of March 2, 2020 was posted on February 27, 2020.

2. Approval of
Minutes
a. February 3, 2020 (all present)
b. February 18, 2020 (Smith absent)
ACTION: It was moved by Commissioner Kachel; seconded by Commis sioner Johnson to approve Items 1 and 2.a. on the Consent Calendar. Motion passed by the following vote:

Attachment 6
ITEM 7

AYES: Commissioners Del Nero, Johnson, Kachel, Silveira, Chairperson Smith NOES: None
ABSENT: None

ACTION: It was moved by Commissioner Kachel; seconded by Commissioner Del Nero to approve Item 2.b. on the Consent Calendar. Motion passed by the following vote:

AYES: Commissioners Del Nero, Johnson, Kachel, Silveira NOES: None
ABSENT: None
ABSTAIN: Chairperson Smith

CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR

None

PUBLIC HEARINGS:

3. Rezone (RZ) 18-09; Vesting Tentative Parcel Map (VTPM) 18- 10, & Specific Plan Site Plan (SPSP) 18 -11; proposal to subdivide 2.16-acre site into 3 commercial zoned parcels with a new commercial building proposed for each parcel located at the northeast corner of Hatch Road and Golf Links Drive. Surgit Singh, applicant.

Senior Planner, James Michaels presented the staff report.

Director of Community Development, Tom Westbrook added that staff received some email correspondence from a neighboring property owner, protesting the project , which he provided copies of on the dais. In addition to that, a petition was submitted, which was actually directed towards the City Council and provided to the Planning Commission. It contained approximately 325 signatures.

Chairperson Smith asked Mr. Westbrook to read the verbiage of the petition.

The Public Hearing was opened at 6:12 p.m.

• Max Garcia, GDR Engineering, Ceres, CA

Mr. Garcia stated he is representing Mr. Sur git Singh, the property owner and applicant for the project.

Mr. Garcia provided a brief history of his business, this project and the issues they’ve addressed, explaining the postponement in presenting this project. He went on to explain that when he met with the owners of River Oaks Golf Course, they asked that these four issues be met:
• Access Easement (leave their access alone)
• Gate for property owners
• Liability Insurance
• Net
ITEM 7

Mr. Garcia stated he believes they’ve got all of these items covered adequately and is more than happy to answer any questions the Commission may have.

Brief Commission discussion ensued.

Mr. Garcia requested the right to rebuttal if there’s anything that comes up that is said that he feels needs to be answered.

• Ken Thornberry, Co-Owner, River Oaks Golf Course, Ceres, CA

Mr. Thornberry expressed his concerns with the requested zoning change, the liability insurance, reciprocal access easement, PUE maintenance, potential land locking and money for the net.

• Robert Hall, Co-Owner, River Oaks Golf Course, Ceres, CA

Mr. Hall inquired if Mr. Singh were to sell that parcel, will the next owner assume liability; will that condition continue to be required.

Mr. Hall commented that he is a co-owner of the golf course, noting that he and his family purchased it 4-1/2 years ago. He provided a brief history of the golf course and included a listing of improvements made to the property along with activities and added services that have been offered at the golf course. He went on to explain that prior to their original purchase of this property, they practiced due diligence, evaluating what may affect them in the future, including a perimeter search of the property. Tonight, they find themselves standing in protest of the proposed change and a zoning ordinance, the very one they researched and based their purchase decision on 4-1/2 years ago. He went on to explain, should this change be approved, it will seriously restrict vehicle access in and out of their business, due to roadway islands planned for the intersection’s change for this development. The proposed project will put buildings and people just feet away from the safety netting at the end of the driving range and in harm’s way. Any injury or damage caused by an errant golf ball will test the liability coverages of the golf course, the proposed property development and the City of Ceres, who could be named at fault for approving these zoning changes. His other concerns included increased traffic on Golf Links Road, disruption of the privacy of residences who have homes bordering the course, and the presence of “riff raff,” along with increased trespassing and damage and theft of those properties. He presented the Commission copies of pictures of Mr. Singh’s other development on Central Avenue, which he felt is poorly maintained, and also the Richland Shopping Center, which is professionally and properly maintained, to compare. Mr. Hall feels rezoning this parcel is a bad idea and has a strong feeling it will end up being a “black eye” for the City of Ceres.

• Ryan Thornberry – Modesto, CA

Mr. Thornberry introduced himself as the son of Ken and Pam Thornberry and nephew of Robert and Gloria Hall, owners of River Oaks Golf Course.

Mr. Thornberry also spoke briefly about the affect this proposed development will have on this long-standing golf course, noting that they’re putting a development at the end of a driving range. He also pointed out that Modesto Muni golf course is going to be closing at ITEM 7
the end of the year and that other golf courses in this area have been closing down, as golf is waning.

Mr. Thornberry also spoke about liability and stated that if this development goes into effect, the liability of the golf course needs to be completely relinquished.

• Greg Silva – Turlock citizen

Mr. Silva stated he is a current PGA professional at River Oaks Golf Course and has been there since 1991.

Mr. Silva relayed that he was the person who submitted letters to the editor and the one who started the petition for a lot of different reasons. He pointed out that this decision that’s being made affects our children, grandchildren and our great grandchildren. He stated that Ceres has an incredible regional park and a great golf course that’s for every walk of life and he’s hoping that the Commission will take into consideration that there are people from low-income families that play at River Oaks Golf Course.

• Candice Fernandes – Ceres Citizen

Mrs. Fernandes stated she and her husband live on Golf Links Road, inside River Oaks Golf Course. They understood the CC&R’s and that they would not be impacted by anything that’s now happening. They are very concerned about losing the beautiful golf course, and that putting in that strip mall is going to affect their way of life and their property values and wonders if those things are being considered.

• Dineshwar Ram, Ceres resident

Mr. Ram commented that he lives on Golf Links Road, inside the Golf Course. He complemented the work the Thornberry’s have put into the golf course and stated that he hopes to teach his new grandson how to golf right there on River Oaks . He suggested that Mr. Singh take on the liability for the project he wants to build, and everything will be okay; simple as that.

Responses to comments and questions

Chairperson Smith asked Mr. Westbrook, in coordination with the City Attorney and perhaps the applicant’s representative , to provide some responses to any of the comments that had been made:

1) Ken Thornberry – his first concern was regarding the reciprocal easement access and its extension across Golf Links Road into the western property.

Mr. Westbrook provided an explanation, stating that as part of a standard Condition of Approval for any commercial project, the City requires reciprocal parking and access.

Because the application creates three commercial parcels, staff wants to make sure that someone coming to parcel 1 is able to get to parcel 3. He pointed out a gate on the illustration, noting that it’s going to restrict access for people moving from this commercial center onto that easement. He referenced what Mr. Garcia had indicated in his remarks; the homeowners on the golf course, and presumably the golf course as well, would have a little clicker, perhaps like a garage door opener, so they’ll be able to access and open that gate. He doesn’t envision that people irrespective of the reciprocal parking and ITEM 7
access easement will be recorded on the commercial map; those folks going to that commercial center won’t have direct access to the private easement unless they get back to Hatch Road and go around.

2) T he next question Mr. Thornberry had was regarding the PUE of the eastern side of the property.

Mr. Westbrook explained that Turlock Irrigation District was routed the project as part of the Conditions of Approval, and the applicant is required to meet the provisions of the Turlock Irrigation District, which he believes Mr. Thornberry “hit the nail on the head.” It talks about an easement along that side, and they have to stay a certain distance away from the lines so that it can be inspected. TID has that in their comments back to us and it’s included as a Condition.

3) Mr. Thornberry also made a comment regarding the property being “landlocked.”

City Manager, Toby Wells remarked this is the first we’ve heard of the “landlocked” piece.

He went on to explain that typically in a development, when you go to subdivide or do something different on the driving range area, you have the ability to move lot lines to provide whatever access necessary. The original concept or one of the concepts that was explored was Boothe Road extending straight through. It would be right on or near that lot line concept, but that was rejected. There are several solutions to that potential for landlocked, but it’s relatively easy on their side of things to change. Without development, there’s really no landlocked parcel because they use the driving range and that parcel doesn’t have a need for access to any particular road. It would be subject to any subdivision or future development where we would have that requirement.

4) There were some questions regarding the additional insured and it being a part of condition of any future ownership.

Mr. Westbrook replied that it doesn’t currently suggest that. If it’s the Commission’s prevue, a Condition could be considered that would suggest that that is transferred based upon whoever owns the commercial piece to ensure that both the City and River Oaks Golf Course and Event Center were continued with the liability insurance in the event of an ownership change. He thinks that’s a pretty easy thing to add to a Condition and asked if the City Attorney had anything to add to that.

City Attorney, Nubia Goldstein responded, the only thing would be the life of this commercial business existing, based off of these conditions; it would have to maintain that condition intact. B ut, to Mr. Westbrook’s point, there are ways to add language to the condition to make it a little clearer.

Mr. Wells asked if a deed restriction could be r ecorded against the property, so that it shows up on the title report; it shows up on the condition. That might be an easier way to do that.

Mrs. Goldstein continued, and so what that would do is that for any potential purchaser in the future, that would appear in the title search, and they would be subject to notification that that exists.

Chairperson Smith clarified, it’s a restriction on the ownership.

ITEM 7

5) Another thing Mr. Hall brought up, was “road islands.” He talked about there being “road islands” within that intersection, restricting…and she doesn’t see any “road islands.”

Mr. Wells explained that this exhibit was prepared by the applicant before the City wrote the Conditions of Approval. And, in the Conditions of Approval, the median is a requirement of the project, but we need a little more information and study to determine when it’s triggered for that particular location. He also noted that Hatch Road is a six-lane expressway in the City’s General Plan, and we don’t like to put medians in unless we can put them in their ultimate location. T he conditions of approval are written around that flexibility to make sure that it’s in the right location for the vehicular traffic and safety.

Mr. Westbrook added and essentially based upon the report, it doesn’t necessarily mean that it’ll be built right away.

6) Ryan Thornberry brought up something about relinquishing the liability of the golf course, but Chairperson Smith thought that was impl ied with the requirement of the additional insured of both the City and the Golf Course.

Mr. Westbrook remarked that this is one thing that honestly, he can’t technically answer.

The reason being is because he hasn’t seen a liability insurance policy. And so, while Mr.

Garcia and the project proponent suggest that they’ll do an additional insured, he thinks at this point, since the project proponent has inquired about providing that insurance, that he can actually obtain it. But since Mr. Westbrook hasn’t seen what the policy provisions of an insurance policy would look like, he can’t say if it’s going to adequately cover the golf course or the City.

Chairperson Smith stated that those are the notes that she made from the speakers and asked if there were any others that staff wanted to respond to before she asked Mr. Garcia if he had any additional statements. (There were none at this time.)

Discussion with the Applicant’s Representative

• Max Garcia commented that he’s heard several things here tonight that are puzzling.

Everyone is concerned about closing the golf course and he’s as concerned as anybody. He helped Mr. Jim Phipps way back, get this golf course approved. He doesn’t want to see anything ever happen to this golf course. He thinks it’s a great course. He pointed out if this golf course closes, it’s not because of this center. Safety will probably be the first thing that closes it; not on the balls, but traffic, because as the traffic increases on Hatch Road, it will become almost impossible to make a left turn out of that road.

Chairperson Smith asked Mr. Garcia if there was any light he could shed on the insurance that he has indicated that his client will be providing.

• Mr. Garcia replied that they can’t get the insurance until the project gets built. But what he’s been told is that the same insurance that they get on the project, by listing them as an additional insured, they will have the same policy we have. Maybe their attorney will know that. Mr. Garcia said he’s not an insurance broker nor an attorney, but he was told that the client is going to have to get the insurance himself. So, whatever ITEM 7
insurance coverage he has, that’s what the golf course will have; that’s his understanding.

Chairperson Smith asked the City Attorney one question; does the condition of this project and at what point in the project would that be required to be provided to the City?

• Mrs. Goldstein responded that we can put that into the language; that currently doesn’t exist. We can make a reasonable time frame based off of maybe some triggers , so, maybe occupancy permits or whatever staff thinks is appropriate. T hat’s something that we can put into the language of the condition. Mrs. Goldstein commented, t o address the liability indemnification a little bit more, liability for golf course incidents can be tricky because technically as an entity that invites people on , the liability of safety and conditions on the golf course itself is inherently indicative or incumbent on the operator. However, if operators and guests/invitees of the golf course, which would be the golfers, accidentally, inadvertently or intentionally hit a golf ball too far and it goes over the fence , that liability isn’t automatically on the golf course, and in litigations, facts change, circumstances change, so shifting that liability to one or another party including what some members of the public said the City should take on that liability, is not something that we ( the attorneys) would recommend putting in a condition. That is not a condition of approval that would really be appropriate. What has happened and what we have today is really the applicant trying to work with the golf course owner and staff to figure out an appropriate way to address this issue. And so, to Mr. Garcia’s point, normally the way the insurance works, is that any additional named insured is covered by the limits for the primary insured party. In this case, when Mr. Singh gets the insurance for this project all teed-up, the additional named insureds will be covered in the same amount on this policy. To be clear, the City is not taking on liability or responsibility.

Mr. Wells added, the timing staff would recommend, and it’s not in the condition right now, would be with the issuance of a building permit. That way there’d be some coverage during construction.

Mrs. Goldstein remarked, and what that would mean then is, it’s incumbent then on the applicant, to ensure that an insurance policy is in place.

Mr. Wells suggested that we could also condition it on the map because there’s a map that needs to be recorded to create these parcels. There are two layers or multiple layers.

So, timing wise, the recording of the map, issuing some building permits, or occupancy.

Primarily the three triggers that you would have of conditions and timing: map, permit and occupancy.

• Mr. Garcia reviewed the following important things:

o The Turlock Irrigation District (TID) was brought up. That’s a condition of the project. It’s Condition 6 on the Tentative Map, that’s based on the letter from TID. So, that’s being well taken care of.

o The net again. We are using PGA Standards and their design people to help us. He doesn’t know what else they can do. The problem is now, the net that’s out there, he thinks it’s either 34 or 35 feet high and it hasn’t been maintained, and most of those balls are going through that net, not over the net. B esides ITEM 7
that, if the balls are going over to Hatch Road now, he thinks the problem already exists. So, they’re trying to stop that from happening by putting up an adequate net. He thinks it sounds like the liability is already there.

o The last thing is that they’ve already got zoning on this site, to build a building.

It’s just that they’re trying to come up with some better uses.

Commissioner Johnson asked Mr. Garcia, what exactly is a PGA Standard net.

• Mr. Garcia explained there are guidelines that the PGA provides, on how to, so that you can lay out golf courses, design the net heights, distances and whatever, and that they’ve got professional designers that will help you, noting t hese are engineers; they’re not golfers that provide this information/assistance.

Commissioner Johnson asked, at this point what height does PGA recommend for this net.

• Mr. Garcia explained that they have not gone to that expense to get their people involved. That’s what will determine the height of the net. They won’t try to guess the height of the net because they’re not the experts.

Chairperson Smith advised Mr. Thornberry that she will allow him one more comment if he will come to the podium.

• Ken Thornberry stated that we have an admission that the conditions have not been met, so therefore we can not vote.

Chairperson Smith explained that this item has not been approved so therefore no conditions have been adopted; therefore, there are no requirements for any conditions to have been met. At this point we’re considering the land use application request; and that then will determine whether or not the conditions are adopted.

• Mr. Thornberry reiterated that the lot line is here, and we danced around that a little.

Chairperson Smith informed Mr. Thornberry that we already addressed that.

• Mr. Thornberry stated that there will be a landlocked there, although there was denial that the landlocked situation would occur.

Chairperson Smith reminded Mr. Thornberry that we already addressed that issue and asked if he had something new, he’d like to share.

• Merle Jacobs – Ceres resident

Mr. Jacobs stated that he lives on Golf Links Drive inside River Oaks . He asked for clarification about the access points.

Mr. Westbrook explained that the existing access remains. If you were leaving the golf course, and wanted to get to the signal, you could open the gate and come through. He believes the gate would have a “clicker” to allow travel in either direction.

ITEM 7
Commissioner Smith commented, and that’s optional for homeowners; it’s not required.

Mr. Westbrook stated that it’s going to be provided by the proponent.

Commissioner Smith agreed and noted that it’s optional for the homeowners to use. She also clarified that the residents can go to the end of Golf Links and turn right on Hatch or if they want to try to make the left, they can do that.

The Public Hearing was closed at 7:09 p.m.

Commission discussion ensued, explaining their concerns with questions that were raised this evening and asking for clarification on zoning and permitted uses, and that whatever is decided tonight will be a recommendation to the City Council. This is a land use issue and that is the Planning Commission’s responsibility. Given the concerns about safety and the liability, it was suggested that assurance that that protection will be in place is provided.

Mr. Westbrook asked the Chair, if she would like, he tried to take a shot a drafting some language regarding that deed restriction. His recommendation is that it would go with the Parcel Map application. That condition would read the following:

“The applicant shall record a deed restriction on these parcels when the map is created that would ensure that current and future property owners of River Oaks Plaza shall provide, as an additional insured , the River Oaks Golf Course and the City of Ceres on the River Oaks Plaza liability insurance.”

Mr. Westbrook asked the City Attorney if that is adequate.

Mrs. Goldstein replied that Mr. Westbrook should’ve gone to law school.

Mr. Westbrook continued, and t he beauty about the final map component is when that gets recorded, that will be prior to issuance of building permits, and so the timing would be in the front.

Commissioner Kachel asked if there were any other adjustments necessary to the condition based on our conversation tonight.

Mr. Wells responded, the timing of the insurance. You’ve got the deed restriction, so you could add at the same time.

Commissioner Kachel added, when people start building out there, it should probably be in place.

ACTION: It was moved by Commissioner Kachel ; seconded by Commission er Del Nero t hat the Planning Commission recommend the City Council adopt the Mitigated Negative Declaration prepared for this project per PC Resolution 20- 09, recommend the City Council approve the Rezone per findings and conditions listed in PC Resolution 20- 10 and the discussion which took place this evening, approval of 18-10 VTPM, subject to City Council adopting Negative Declaration and approving the Rezone per the findings and conditions listed in PC Resolution 20-11 and approval of 18-11 SPSP, subject to the City Council adopting Mitigated Negative Declaration and approving the Specific Site Plan, ITEM 7
per the findings and conditions contained in PC Resolution 20- 12, as amended. Motion passed by the following vote:

AYES: Com
missioners Del Nero, Kachel, Silveira, Chairperson Smith, NOES: Commissioner Johnson
ABSENT: None
NEW
BUSINESS:

None

PUBL
IC MEETING(S):

None

UNFI
NISHED BUSINESS:

None

MAT

TERS INITIATED BY PLANNING COMMISSION AND STAFF
None

REPO
RTS:

Com
missioner Kachel thanked staff for reaching out to the Commissioners, on the lead up to this project. A couple of emails and discussion with staff have been helpful to keep focused on it. Thank you very much.

Chai
rperson Smith agreed.

Di
rector of Community Development, Tom Westbrook announced:
• Lions Club Crab Feed is this Saturday night. Tickets are available from Lions Club members.
• Aegis Treatment Center will be having an Open House at their facility on Mitchell Road on Wednesday March 4th, from 3:30 p.m. to 6:30 p.m. They’re inviting people to see the facility and will answer any questions.

ADJ
OURNMENT:

The Com
mission adjourned at 7:24 p.m. to the next regularly scheduled meeting of Monday, March 16, 2020.

ITEM 7
ITEM 7
ITEM 7

STAFF REPORT AND
RECO

MMENDATION
March 2, 2020
TO: Planning Commission
FROM: James Michaels, Senior Planner
SUBJECT: Rezone (RZ) 18-09, Vesting Tentative Parcel Map (VTPM) 18-10 & Specific Plan Site Plan (SPSP) 18-11; Proposal to subdivide a 2.16-acre site into 3 commercial zoned parcels with a new commercial building proposed for each parcel located at the northeast corner of East Hatch Road and Golf Links Drive.

APPLICATION 18-09
18-10 & 18-11 FILED: December 10, 2018
DEEMED COMPLETE: November 20, 2019
LOCATION: Northeast Corner of Hatch Road and Golf Links Drive Ceres, CA 95358
ZONING: (MX-2) Mixed Use - 2
GENERAL PLAN: (CC) Community Commercial

SURROUNDING LAND
USES & ZONING North: River Oaks Golf Course, large single-family Residences, and Golf Links Drive; MX-2 zoning
Designation
South: Existing single-family residences and
Hatch Road; PC-52 zoning designation
East: River Bluff Regional Park; P (Parks) zoning
Designation
West: Vacant commercial land; PC-60 & MX-2
zoning designations

CITY COUNCIL
Chris Vierra, Mayor
Bret Durossette Mike Kline
Linda Ryno Channce Condit
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307
209-538-5774
Fax 209-538-5675
Attachment 7
ITEM 7
Planning Commission Agenda – March 2, 2020
Application Nos. 18-09 RZ, 18-10 VTPM, & 18-11 SPSP

PROPERTY OWNER/
APPLICANT: Surgit Singh and Ranjeet Talwana
3826 Old Oak Drive
Ceres, CA 95307

PROJECT AND SITE DESCRIPTION

The applicant is requesting approval for a Rezone, a Vesting Tentative Parcel Map, and a Specific Plan Site Plan entitlement involving the subdivision of a 2.16-acre commercial zoned site into three parcels with a new commercial building proposed for each parcel located at the northeast corner of East Hatch Road and Golf Links Drive (see Vicinity Map, page 45). The following entitlements are being requested for approval of the project:

 A Rezone to modify the existing “MX-2, Mixed Use – 2” zoning designation to a “CC, Community Commercial” zoning designation within the Mitchell Road Corridor Specific Plan.

 A Vesting Tentative Parcel Map to subdivide the 2.16 +/- acre site into three parcels where said lots range from 0.38 acres to 1.38 acres in size.

 A Specific Plan Site Plan entitlement that would allow for the architectural review, land use, and placement of a new commercial building on each proposed lot with a 3,500 square foot building for Parcel A, a 4,835 square foot building for Parcel B, and a 14,160 square foot building for Parcel C. The proposed total commercial square footage for this project will be 22,495 square feet.

The project area involves a 2.16-acre site, located at the northeast corner of Hatch Road and Golf Links Drive, directly north of the Boothe Road and Hatch Road intersection, and approximately 1,965 feet east of the Mitchell Road/Hatch Road intersection. The subject site is currently undeveloped with invasive weeds, but has an existing driveway through an existing private road and utility easement along the west property line, which is the main entrance into the River Oaks Golf Course and some large lot single-family homes. Boothe Road and an existing traffic signal “T” lead into this property and this signal is approximately 150’ east of the west property line of the subject parcel. A row of Eucalyptus trees exists along the north property line separating the project site with the existing driving range at the River Oaks Golf Course. Non-native Eucalyptus trees lie approximately 4.2 feet to 7.5 feet south of the north property line of the project site and will be removed with the development of this project. An existing net, approximately 35 feet tall lies 0.5 feet to 5.5 feet north of the north property line of the project site. East of the project site is some vacant land owned by the City of Ceres, as well as River Bluff Regional Park (which houses the City’s soccer complex). There is currently no curb, gutter, or sidewalk installed along the property frontage.

GENERAL PLAN AND ZONING COMPLIANCE

The subject property is governed under the Mitchell Road Corridor Specific Plan (MRCSP) and has a zoning designation of “MX-2, Mixed Use – 2” and a general plan designation of “CC, Community Commercial”. The MRCSP requires a Specific Plan Site Plan (SPSP) entitlement to allow for a commercial development for a property with an “MX-2” zoning designation and the “MX-2” designation permits a limited number of commercial uses, but the property owner is also requesting a Rezone of the property’s current designation to “CC, Community Commercial”, thereby potentially allowing additional commercial uses that are not permitted under the “MX-2” ITEM 7
Planning Commission Agenda – March 2, 2020
Application Nos. 18-09 RZ, 18-10 VTPM, & 18-11 SPSP

designation. Hence, the project proposal includes a Rezone request to change the current “MX- 2” designation to “CC, Community Commercial”. Specific Plan policies that can be applied to the proposed project include:

 Specific Plan Zones, “CC, Community Commercial”: The CC zone is intended to accommodate those uses that serve the needs of the community for retail goods and services used on a daily basis. The stores in this zone are intended to fit into the residential pattern of the surrounding neighborhoods without creating either architectural or traffic conflicts. To the extent they are not already prevented from doing so, the development in this zone is encouraged to aggregate into larger scale shopping centers.

 MRCSP Development Regulations, A. Statement of Intent:

1. Encourage an attractive variety of commercial uses within the Corridor to contribute economically, socially, and visually to the community.

2. Provide opportunities and incentives for economically productive business enterprises and efficient use of land parcels, either through consolidation of existing parcels or coordinated planning of adjacent parcels.

Additionally, the project site also has a General Plan designation of CC, Community Commercial. General Plan goals and policies that can be applied to the proposed request include:

 General Plan Policy 2.D.1. Promote Infill. Promote infill development and reuse of underutilized parcels in the city to reduce pressure to develop on farmland or other “greenfield” sites on the periphery.

 General Plan Policy 2.E.3. Adaptive Reuse. Encourage adaptive reuse and rehabilitation of underutilized sites in commercial areas for new commercial uses or public facilities.

 General Plan Goal 2.G. Promote development of commercial uses compatible with surrounding land uses to meet the present and future needs of the Ceres market area and to maintain economic vitality.

 General Plan Policy 2.L.9. Commercial and Office Design. Ensure development in the Community Commercial and Office land use designations balances the goals of providing convenient services and retail options with adding attractive, quality design that contributes to the Ceres community.

Based on this information, staff believes that the project with the proposed conditions of approval will be supported by the MRCSP, the General Plan, and applicable sections of the zoning ordinance.

ITEM 7
Planning Commission Agenda – March 2, 2020
Application Nos. 18-09 RZ, 18-10 VTPM, & 18-11 SPSP

BACKGROUND

Since August of 2015, the applicant has owned the subject property located at the northeast corner of Hatch Road and Golf Links Drive and has been working with City staff on the potential development of his property since that time. In early July of 2017, the applicant submitted a pre-development proposal to construct a commercial project for the site involving the subdivision of the 2.16-acre site into three lots and constructing three commercial buildings (one for each proposed lot. Following that meeting, the applicant contacted staff on July 26, 2017 to request through the City’s General Plan Update process to have the General Plan designation of the property changed from “CR, Commercial Recreation” to “CC, Community Commercial”.

In October of 2017, a joint meeting was then held with the City Council and Planning Commission to consider multiple General Plan land use designation change requests that had been received from Ceres property owners. The request of the project proponent was granted in addition to some of the others that were requested. On May 18, 2018, the City Council adopted the General Plan which amended the General Plan land use designation for the applicant’s parcel to “CC, Community Commercial”.

Some of the concerns raised by the owners of the golf course included the proposed access, height of the net separating the properties and concerns about liability for golf balls that may land on the proposed development. At the request of the project applicant, the project was delayed so that a redesign of the project could take place to address these issues.

It should be noted that there are numerous documents which have been recorded over the years which affect some of the properties in and around the River Oaks Golf Course. These documents are mostly CC&R’s or other agreements that were recorded and regulate use of the properties they affect. Once such recorded document is a “Building Restrictions Covenant” and it discusses what is and is not permitted to be constructed on properties created by the River Oaks Estates Map. These documents were both recorded in January of 1981 and specifically outline what residential development would be allowed. However, the River Oaks Estates Map and the associated Building Restrictions Covenant do not apply in this case, as the proposed commercial project is not on property created by the River Oaks Estates Map and therefore, does not apply.

Furthermore, while doing research for this project, staff determined that the City of Ceres had formerly approved several development projects on parcels adjacent to Hatch Road and River Oaks Golf Course. In fact, at one point, a church was approved on the subject parcel. A few years later there was a restaurant project approved on this piece. Additionally, there were commercial developments approved for the property west of the project site. It appears that there were at least three different commercial developments, in various configurations that were approved for properties adjacent to Hatch Road and River Oaks Golf Course over the years.

ITEM 7
Planning Commission Agenda – March 2, 2020
Application Nos. 18-09 RZ, 18-10 VTPM, & 18-11 SPSP

PROJECT PROPOSAL – Rezone, Vesting Tentative Parcel Map, & Specific Plan Site Plan

Rezone (RZ)

The subject property (APN’s: 039-047-014 & 039-047-015), has an existing zoning designation of “MX-2, Mixed Use – 2” through the Mitchell Road Corridor Specific Plan (MRCSP). While the current “MX-2” designation does allow the development of limited commercial uses, the applicant has elected to request an amendment of the MRCSP designation to “CC, Community Commercial” to allow more of a range of commercial uses on the property. Any new development does require some level of approval and in this case the tentative map and specific plan site plan entitlement can be approved by the Planning Commission; however, an amendment to the MRCSP will require City Council approval.

As noted above, when the General Plan was updated in 2018, there were multiple property owners that requested General Plan designation changes as part of the update process. In regards to the subject property, the site had a “CR, Commercial Recreation” General Plan designation and the applicant requested at that time that the designation be changed to “CC, Community Commercial”. The Planning Commission and City Council considered those requests at a joint meeting in October 2017 and approved all but one of the requests. As such, the modification of the General Plan designation for the subject site was approved and resulted with a change from ”CR, Commercial Recreation” to “CC, Community Commercial”. The action of the proposed MRCSP amendment will make the General Plan designation and the MRCSP consistent.

In addition to the project being consistent with the General Plan policies noted above, staff also supports the request for the rezoning of the property for the following reasons:

1. The proposal establishes a commercial use that provides opportunity to support a healthy balance of the commercial businesses that exist along the Mitchell Road corridor area such as the Mitchell Road/Hatch Road intersection, and it promotes a high quality product for the overall layout of the site.

2. The proposed development is an alternative use that provides Ceres area residents with additional shopping opportunities that would might otherwise be prohibited.

3. The proposal will not physically divide up the established neighborhood as the site is located adjacent to properties located to the west that already include various commercial developments, thereby maintaining compatibility with surrounding land uses.

4. The project is designed to meet all development standards of the “CC, Community Commercial” zone district of the Mitchell Road Corridor Specific Plan.

Vesting Tentative Parcel Map (VTPM)

Parcel Size and Configuration

The applicant is proposing to subdivide a 2.16-acre site into three separate lots (see page 56).

The proposed parcel sizes and physical improvements for the three parcels are as follows:

 Proposed Parcel “A”: 0.40 acres in size reserved for a 3,500 square foot retail commercial building and 6 uncovered parking spaces with landscaped areas.

ITEM 7
Planning Commission Agenda – March 2, 2020
Application Nos. 18-09 RZ, 18-10 VTPM, & 18-11 SPSP

 Proposed Parcel “B”: 0.38 acres in size reserved for a 4,835 square foot retail commercial building and 13 uncovered parking spaces with landscaped areas.

 Proposed Parcel “C”: 1.38 acres in size reserved for a 14,160 square foot retail commercial building and 70 uncovered parking spaces with landscaped areas.

The proposal was routed to the City’s various departments and there were no objections raised regarding the applicant’s proposal. The property has an existing zoning designation of “MX-2, Mixed Use -2” per the Mitchell Road Corridor Specific Plan, and the project includes a request to Rezone the property to “CC, Community Commercial” and the “CC” designation has development standards with respect to maintaining minimum lot size, lot coverage, or lot dimensions. The proposed parcels are consistent with the “CC” development standards associated with the proposed zoning and the lot sizes are consistent with the commercial zoned properties located to the west near the Mitchell Road and Hatch Road intersection. The applicant will also be required to obtain the appropriate reciprocal access and parking agreement between the parcels prior to acceptance of the parcel map.

Specific Plan Site Plan (SPSP)

Site Plan w/Improvements

As referenced above, the applicant has been working with City staff for the past three years towards creating an appropriate commercial development for the subject property. Pending the approval of the rezone as discussed above, the applicant has prepared a plan for the subject property that would include the development of three retail commercial buildings consisting of a 3,500 square foot building, a 4,835 square foot building and a 14,160 square foot building and requires the approval of a Specific Plan Site Plan (SPSP) entitlement for the architectural review, land use, and placement of these buildings located at the northeast corner of Hatch Road and Golf Links Drive

Vehicular access to site will be provided via two access points from Hatch Road, with one being a 35-foot wide entrance which incorporates a left-in/left-out/straight through/right-out drive way approach which is situated between proposed Building 1 (on proposed Parcel A) and Building 2 (as proposed on Parcel B) and is extended to the existing 40-foot wide road easement along the west end of the property. This new entrance will be aligned with Boothe Road and the project will utilize the traffic signals that already exist at the Boothe Road/Hatch Road intersection.

Additionally, this access will be stubbed for the future development of the west adjoining property so that the future development to the west will be able to safely enter and exit the commercial center onto Hatch Road through the signalized intersection, and it will also consist of the installation of a 24-foot wide access gate with a remote to provide the existing homeowners that reside along Golf Links Road another option to access Hatch Road.

The second access to the site will be available by way of a right-in/right-out turn pocket which shall be provided where Hatch Road meets the existing 40-foot wide road easement while limiting left-hand turn access from Hatch Road.

In addition to the construction of the buildings, the project will include improvements such as:

 Installation of curb, gutter, and sidewalk, and landscaping along Hatch Road project frontage area.

ITEM 7
Planning Commission Agenda – March 2, 2020
Application Nos. 18-09 RZ, 18-10 VTPM, & 18-11 SPSP

 Construction of paved on-site parking areas, on-site storm drainage, and the modification of the traffic signal at Hatch Road and Boothe Road . The on-site parking areas will include a total of 90 parking spaces to serve the project, which complies with the City’s parking ratio of 1 space per 250 square feet of floor area.

Staff supports the project as it will provide the local area residents with additional shopping opportunities, and it provides an attractive building frontage that is readily visible from Hatch Road. Thus, staff has no objections to the applicant’s request, subject to the conditions of approval listed in the staff report.

If the Planning Commission decides to recommend this project for approval to the City Council, the SPSP entitlement will not become effective until after the City Council approves the amendment (the Rezone that is associated with this SPSP request) to the Mitchell Road Corridor Specific Plan to “CC, Community Commercial”. In the event that the City Council does not approve the amendment request, development of this project and future commercial uses would be considered under the “MX-2” zoning designation within the Mitchell Road Corridor Specific Plan.

It should be noted that early site plans for this project included connections of the existing private driveway to the signal at Boothe Road. In staff’s opinion, that was the preferred connection point, as a traffic signal would provide the safest turning movements for anyone going to the project site or River Oaks Golf Course. Those preliminary designs were shared with the golf course owners who indicated they had no desire to participate in a design of that type and wished to have the existing access easement left in place to access the golf course.

As a result, the applicant abandoned those plans that showed a shared access to Boothe Road for the project plans that are before the Planning Commission for consideration.

Elevations

The colored building elevations of these comme rcial buildings for this project provide a perspective of what the proposed buildings may look like and are represented on pages 60-63.

The buildings will be single-story and integrated with multi-planed pitched roof features at their building frontages designed at variable heights of 20-25 feet that will include a combination of bronze color standing seam metal roofing and light/dark grey with burgundy and mustard color type cement plaster finishes (which may be of smooth or rough textured finishes) integrated with wood siding and brick veneer, as well as the me tal awnings over selected store front window areas. Staff supports the architectural design for this development as:

1. The design for these buildings incorporates textures and material color schemes, as well as a mix of physical elements such as: main storefront entry features for the commercial tenant spaces, stone veneer at the base and column areas, and awnings above selected window areas that are consistent with the Mitchell Road Corridor Specific Plan.

2. The design of the buildings is consistent with the City’s General Plan Policies 2.L.6 and

2.L.9 which encourage commercial and residential developments to incorporate attractive and quality design features that are readily visible to the public.

With new construction, the applicant has the ability to design and build attractive new buildings along the Mitchell Road Corridor area.

ITEM 7
Planning Commission Agenda – March 2, 2020
Application Nos. 18-09 RZ, 18-10 VTPM, & 18-11 SPSP

Landscaping

The applicant has submitted a conceptual landscape plan which identifies the intent of the vegetation proposed throughout the site (see page 58-59). The landscape plan illustrates a list of plants that may be appropriate for the applicant to incorporate into the project. The plan will incorporate a combination of trees and shrubs to be distributed throughout the site, some of which may include: Canary Island Pine, October Glory Maple, Sweet Bay, Crape Myrtle, Robust Green Juniper, Italian Buckthorn, and Little Ollie Olive species. It is expected that the proposed landscaping will in effect, aesthetically enhance the site and surrounding areas.

Other Concerns

During the course of the project, the owners of the golf course have shared concerns with staff regarding existing access being maintained, height of a net separating the driving range and the commercial project and the liability of golf balls that may be hit from the driving range onto neighboring properties. As noted above, the existing private driveway is not to be altered with the project and will remain it is current configuration. As to the net height, a condition of approval has been included in the resolution that suggests a PGA professional will be retained to determine the appropriate height of a net, which will separate the driving range and the proposed commercial development. Today, the net that separates these two properties is approximately 35’ in height. Additionally, the highest portion of the net that separates the driving range from surrounding properties is adjacent to River Bluff Regional Park and is 60’ in height. In terms of liability from errant golf balls, the project applicant has been working to address that concern and may have information to report during the public hearing.

Staff Comments

In addition to the project being consistent with the City’s General Plan and Specific Plan policies noted above, staff also supports the project for the following reasons:

1. The proposal establishes a variety of commercial uses that provide opportunity to support a healthy balance of the commercial businesses that already exists near the Hatch Road/Mitchell Road intersection, and it promotes a quality product for the overall layout of the site.

2. The proposed development is an alternative use that provides economic opportunities that would otherwise not exist if the property remains vacant. Allowing the applicant to move forward with a retail commercial development will increase the value of the property, with the potential of generating additional sales tax revenues for the City in the future.

3. The project is designed to conform to the land uses and all development standards permitted under the “CC, Community Commercial” zone district of the Mitchell Road Corridor Specific Plan.

This SPSP does not become effective until after the City of Ceres City Council approves the amendment to the Mitchell Road Corridor Specific Plan to “CC, Community Commercial” per (18-09 RZ) that is associated with this SPSP request. In the event that the City Council does not approve the amendment request, development of this project and future commercial uses would be considered under the “MX-2” designation within the Mitchell Road Corridor Specific Plan.

ITEM 7
Planning Commission Agenda – March 2, 2020
Application Nos. 18-09 RZ, 18-10 VTPM, & 18-11 SPSP

Other Agencies Concerns

The Turlock Irrigation District (TID) responded in a letter dated March 18, 2019 to indicate that a 12kV overhead electric line exists near the east property boundary, and that boom type construction equipment must maintain 10 feet of clearance from the 12kV wires. This would also apply to maintaining adequate clearance from the garbage truck when raising the dumpster, which could necessitate relocation of the trash enclosure. All other structures, equipment and activities shall maintain six (6’) feet separation. A 15-foot wide easement centered on the overhead line would be required. Given that the proposed building and construction activities may conflict with these clearance requirements, an alternative would be to underground this 12kV line. If the line is undergrounded, a 10-foot wide easement would be required (see pages 101-104).

CEQA

An Initial Study was conducted, and a Mitigated Negative Declaration was prepared for this project (see pages 65-96) and circulated to various utilities and public agencies for comment.

At the end of the 20-day review and comment period, no significant issues have been raised; therefore, it is the recommendation of staff that the Mitigated Negative Declaration be adopted for the project.

STAFF RECOMMENDATION

Staff recommends approval of this project subject to the findings and conditions contained in the Draft PC Resolutions.

REQUIRED ACTION

Approval of this project requires the following actions by the Planning Commission:

1. Recommend the City Council adopt the Mitigated Negative Declaration prepared for this project per Draft PC Resolution 20-09.

2. Recommend the City Council approve the Rezone per the findings and conditions listed in Draft PC Resolution 20-10.

3. Approval of 18-10 VTPM subject to the City Council adopting the Mitigated Negative Declaration and approving the Rezone per the findings and conditions listed in the attached Draft Resolution PC 20-11.

4. Approval of 18-11 SPSP subject to the City Council adopting the Mitigated Negative Declaration and approving the Specific Plan Site Plan per the findings and conditions contained in the attached Draft Resolution PC 20-12.

ITEM 7
Planning Commission Agenda – March 2, 2020
Application Nos. 18-09 RZ, 18-10 VTPM, & 18-11 SPSP

Attachments:

Page

11-12 Draft PC Resolution 20-09
13-14 Draft PC Resolution 20-10
15-24 Draft PC Resolution 20-11
25-44 Draft PC Resolution 20-12
45-48 Vicinity Map, Aerial Photo, & Assessor’s Parcel Map 49-54 Applicant’s Project Description w/Proposed Zoning Map and Existing Zoning & General Plan Maps
55 Aerial Colored Rendering of Proposed Developed Site 56 Vesting Tentative Parcel Map
57 Site Plan (Conceptual Site Plan & Utility Plan) 58-59 Landscape Plans (Plan Sheets L0 & L1)
60-64 Floor Plans/Colored Building Elevations for Proposed Buildings A, B, & C (Plan Sheets A, B, C-1.0, C-1.1)
65-96 Notice of Intent to Adopt Mitigated Negative Declaration with Initial Study 97-100 Letters from Turlock Irrigation District (TID) dated November 27, 2019 and March 18, 2019
101-104 Letter from San Joaquin Valley Air Pollution Control District (SJVAPCD) dated December 10, 2019
105-106 Letter from Stanislaus County Airport Land Use Commission dated December 19, 2019

I:\PLANNING\DEPT\PLANNING\PC\staff reports\2018\18-11 RZ, 18-10 VTPM, & 18-11 SPSP staff report (River Oaks Plaza).doc

ITEM 7
RECORDING REQUESTED BY:

CITY OF CERES

When Recorded mail to:

City of Ceres
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307

D R A F T
RESOLUTION NO. PC 20-09

RESOLUTION OF THE CITY OF CERES PLANNING COMMISSION

RECOMMENDING THE CITY COUNCI L ADOPT A MITIGATED NEGATIVE

DECLARATION FOR A REZONE, A VEST ING TENTATIVE PARCEL MAP, AND A

SPECIFIC PLAN SITE PLAN ENTITLEMEN T FOR A PROPOSAL TO SUBDIVIDE A

2.16-ACRE SITE INTO 3 COMMERCI AL ZONED PARCELS WITH A NEW

COMMERCIAL BUILDING PROPOSED FOR EACH PARCEL LOCATED AT THE NORTHEAST CORNER OF HATCH ROAD AND GOLF LINKS DRIVE. APPLICATION NUMBERS: 18-09 RZ, 18-10 VTPM, & 18-11 SPSP.

PROPERTY OWNER/
APPLICANT: Surgit Singh and Ranjeet Talwana
3826 Old Oak Drive
Ceres, CA 95307

SITE LOCATION: Northeast corner of Hatch Road and Golf Links Drive Ceres, CA 95307

APN: 039-047-014 and 039-047-015

WHEREAS, the Planning Commission of the City of Ceres, State of California, has considered said application proposing a Rezone, a Vesting Tentative Parcel Map and a Specific Plan Site Plan entitlement to subdivide a 2.16-acre site into 3 commercial zoned parcels with a new commercial building proposed for each parce l located at the northeast corner of Hatch Road and Golf Links Drive; and

WHEREAS, the property affected by this resolution is located at the northeast corner of Hatch Road Golf Links Drive, Ceres, CA 95307; and,

WHEREAS, the property affected by this resolution is situated in the City of Ceres, County of Stanislaus, and State of California and is described as follows:

Being a portion of Parcel “B” of Map reco rded August 2, 1978 in Book 27 of Parcel Maps at Page 83, Stanislaus County Records, being more particularly described as follows:

ITEM 7
Beginning at the southwest corner of Parcel “B”, a point on the north right-of-way of Hatch Road (94 feet wide); thence leaving said right-of-way line, north 00° 00’ 54” west, 200.00 feet; thence south 89° 51’ 30” east, 470.00 feet, to a point on the east line of said Parcel “B”; thence along said east line, south 00° 00’ 54” east, 200.00 feet, a point on the north right-of-way of Hatch Road (94 f eet wide); thence along said right-of-way, north 89° 51’ 30” west, 470.00 feet, to the point of beginning.

APN’s: 039-047-014 and 039-047-015

WHEREAS, the City of Ceres prepared a Mitigated Negative Declaration pursuant to the requirements of the California Environmental Quality Act and circulated the document and no significant environmental e ffects of the project were identified; and,

WHEREAS, the information and evaluation contai ned in the Initial Study reflects the City of Ceres independent judgment and analysis; and,

WHEREAS, the Planning Commission held a duly noticed public hearing on March 2, 2020, at 6:00 p.m. and consider ed the appropriate documents regarding the potential environmental effects of the pr oposed application, including any comments received during the public review period whether orally or in writing; and,

THEREFORE, BE IT RESOLVED that based upon the evi dence within the staff report and project file, the Planning Co mmission of the City of Ceres hereby recommends the City Council adopt the Miti gated Negative Declar ation prepared for a Rezone, a Vesting Tentative Parcel Map and a Specific Plan Site Plan entitlement for a proposal to subdivide a 2.16-acre site in to 3 commercial zoned parcels with a new commercial building proposed for each parcel loca ted at the northeast corner of Hatch Road and Golf Links Drive; and,

I HEREBY CERTIFY that the foregoing Resolu tion was duly and regularly adopted by the Planning Commission of the City of Ceres at a regular meeting of said Planning Commission held on the 2
nd day of March 2020, by the following vote:

AYES:

NOES:

ABSENT:

A T T E S T :

TOM WESTBROOK, SECRETARY OF

THE CERE S PLANNING COMMISSION

CITY OF CERES
I:\PLANNING\DEPT\PLANNING\PC\Resolutions\2020\Reso 20-09 (18-09 RZ, 18-10 VTPM, & 18-11 SPSP - River Oaks Plaza Mit Neg Dec).doc
ITEM 7

RECORDING REQUEST BY:

CITY OF CERES

When Recorded mail to:

City of Ceres
Planning Division
2220 Magnolia Street
Ceres, CA 95307

D R A F T
RESOLUTION NO. 20-10

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CERES

RECOMMENDING THE CITY COUNCIL APPROVE A RE ZONE TO CHANGE THE ZONING DESIGNATION FROM “MX-2, MIXED USE – 2” TO “CC, COMMUNITY COMMERCIAL” FOR THE PROPERTY LO CATED AT NORTHEAST CORNER OF HATCH ROAD AND GOLF LINKS DRIVE. APPLICATION NUMBER 18-09 RZ.

PROPERTY OWNER/
APPLICANT: Surgit Singh and Ranjeet Talwana
3826 Old Oak Drive
Ceres, CA 95307

SITE LOCATION: Northeast corner of Hatch Road and Golf Links Drive Ceres, CA 95307

APN: 039-047-014 and 039-047-015

WHEREAS, the Planning Commission of the City of Ceres, State of California, has considered said application proposing a Rezone to change the zoning designation from “MX-2. Mixed Use – 2” to “CC, Community Commercial” for the property located at the northeast corner of Hatch Road and Golf Links Drive; and,

WHEREAS, the property affected by this resolution is located at the northeast corner of Hatch Road Golf Links Drive, Ceres, CA 95307; and,

WHEREAS, the property affected by this resolution is situated in the City of Ceres, County of Stanislaus, and State of California and is described as follows:

Being a portion of Parcel “B” of Map reco rded August 2, 1978 in Book 27 of Parcel Maps at Page 83, Stanislaus County Records, being more particularly described as follows:

Beginning at the southwest corner of Parcel “B”, a point on the north right-of-way of Hatch Road (94 feet wide); thence leaving said right-of-way line, north 00° 00’ 54” west, 200.00 feet; thence south 89° 51’ 30” east, 470.00 feet, to a point on the east line of said Parcel “B”; thence along said east line, south 00° 00’ 54” east, 200.00 feet, a point on the north right-of-way of Hatch Road (94 f eet wide); thence along said right-of-way, north 89° 51’ 30” west, 470.00 feet, to the point of beginning.

ITEM 7

APN’s: 039-047-014 and 039-047-015

WHEREAS, the Planning Commission held a duly noticed public hearing on March 2, 2020 at 6:00 p.m. and consider ed all testimony and comment presented whether orally or in writing; and,

WHEREAS, the Planning Commission in making a recommendation to the City Council, based on the evidence within the staff report and project file, find that:

1. The proposed Rezone is c onsistent with the purpose and intent of the Mitchell Road Corridor Specific Plan and the City General Plan.

2. The proposed Rezone is consistent wit h the existing “CC, Community Commercial” general plan designation.

3. The proposed Rezone will have no adv erse effect on surrounding properties.

4. The proposed Rezone wil l not endanger any wildlife or wildlife habitat.

THEREFORE, BE IT RESOLVED that based upon the evi dence within the staff report and project file, the Planning Co mmission of the City of Ceres hereby recommends the City Council approve the Rezone to change the zoning designation from “MX-2, Mixed Use – 2” to “CC, Community Commercial” for the property located at the northeast corner of Hatch Road and Golf Links Drive.

I HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the Planning Commission of the City of Ceres at a regular meeting of said Planning Commission held on the 2
nd day of March 2020, by the following vote:

AYES:

NOES:

ABSENT:

A T T E S T :

____________________________________

TOM WESTBROOK, SECRETARY OF

THE CERES PLANNING COMMISSION

C I T Y O F C E R E S

I:\PLANNING\DEPT\PLANNING\PC\Resolutions\2020\Reso 20-10 (18-09 RZ-River Oaks Plaza RZ).doc ITEM 7
RECORDING REQUESTED BY:

CITY OF CERES

When Recorded mail to:

City of Ceres
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307

D R A F T
RESOLUTION NO. PC 20-11

RESOLUTION OF THE CITY OF CERES PLANNING COMMISSION

APPROVING A VESTING TENTATIVE PARCEL MAP TO ALLOW FOR THE SUBDIVISION OF A 2.16 +/- ACRE SI TE INTO THREE COMMERCIAL ZONED

PARCELS LOCATED AT THE NORTHE AST CORNER OF HATCH ROAD AND GOLF LINKS DRIVE. APPLICATION NUMBER: 18-10 VTPM.

PROPERTY OWNER/
APPLICANT: Surgit Singh and Ranjeet Talwana
3826 Old Oak Drive
Ceres, CA 95307

SITE LOCATION: Northeast corner of Hatch Road and Golf Links Drive Ceres, CA 95307

APN: 039-047-014 and 039-047-015

WHEREAS, the Planning Commission of the City of Ceres, State of California, has considered said applicat ion proposing a Vesting Tentative Parcel Map for the subdivision of a 2.16 +/- acre site into three commercial zoned parcels located at the northeast corner of Hatch Road and Golf Links Drive; and,

WHEREAS, the property affected by this resolution is located at the northeast corner of Hatch Road and Golf Links Drive, Ceres, CA 95307; and,

WHEREAS, the property affected by this resolution is situated in the City of Ceres, County of Stani slaus, and State of Califor nia and is described as follows:

Being a portion of Parcel “B” of Map recorded August 2, 1978 in Book 27 of Parcel Maps at Page 83, Stanislaus C ounty Records, being more particularly described as follows:

the east line of said Parcel “B”; thence along said east line, south 00° 00’ 54” east, 200.00 feet, a point on the north right-of-way of Hatch Road (94 feet wide); thence along said right-of-way, north 89° 51’ 30” west, 470.00 feet, to the point of beginning.

APN’s: 039-047-014 and 039-047-015

WHEREAS, the Planning Commission held a duly noticed public hearing on March 2, 2020 at 6:00 p.m. and c onsidered all testimony and comment presented whether orally or in writing; and,

WHEREAS, the Planning Commission based on the evidence within the staff report and project file find that:

1. The proposed Vesting Tentative Parcel Map as conditioned, is consistent with the purpose and intent of t he “CC, Community Commercial” designation of the Ceres General Plan.

2. The proposed Vesting Tentative Parcel Map as conditioned, is consistent with the purpose and int ent of the “Mixed Use - 2 (MX-2)” zoning designation of the Mitchell Road Corridor Specific Plan.

3. The proposal will have no adverse effect on surrounding properties.

4. The proposal will not endanger any wildlife or wildlife habitat.

5. None of the mandatory findings for denial within the State Subdivision Map Act (Section 66474) apply to this proposal.

THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Ceres as follows:

Section 1. The Vesting Tentativ e Parcel Map is hereby approved, contingent upon the City Council adoption of the Mitigated Negative Declaration.

If the City Council fails to approve the proposed Mitigat ed Negative Declaration, the actions of the Planning Commission and this resolution become null and void.

Section 2. The establishment and operation of VTPM 18-10 requires compliance with the conditions of approval contained in this resolution and attached as Exhibit “A” and on file in the Planning and Buildin g Division, which shall be binding on all heirs, assignees, and successors in interest of said property.

Section 3. The Director of Comm unity Development or designee is hereby directed to record this Resolution at the office of the County Recorder of the County of Stanislaus.

ITEM 7

Section 4. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020 (d) (1), these conditions constitute written notice of a statement of the amou nt of such fees, and a description of the dedications, reserv ations, and other exactions. You are hereby further notified that the ninety (90) day appeal period in which you may protest these fees, dedications, and rese rvations other exactions, pursuant to Government Code Section 66020 (a), has begun. If you fail to file a protest within this ninety (90) day period comply ing with all of the requirements of Section 66020, you will be legally barred from later challenging such exaction.

I HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the Planning Commission of the City of Ceres at a regular meeting of said Planning Commission held on the 2
nd day of March 2020, by the following
vote:

AYES:

NOES:

ABSENT:

A T T E S T :
_______________ ______________________

TOM WESTBROOK, SECRETARY OF

THE CERES PLANNING COMMISSION

CITY OF CERES

ITEM 7

EXHIBIT “A”

CONDITIONS OF APPROVAL

Vesting Tentative Parcel Map # 18-10

City of Ceres

Northeast Corner of Hatch Road and Golf Links Drive, Ceres, CA, 95307

Prepared: February 20, 2020
Approved by the Planning Commission: March 2, 2020
Approved by the City Council: N/A
Amended by Staff/PC/CC on N/A

A. PROJECT AUTHORIZATION

1. The project shall be in conforma nce with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this approval, but shall not be construed to permit violation of other laws and policies not so listed.

2. Approval is limited to the conf ormance of the land use and zoning.

Use of the property shall be limit ed to those permi tted by the CC zoning district as applicable per the Mitchell Road Corridor Specific Plan, as it exists now or may be amended in the future.

3. The Vesting Tentative Parcel Map shall expire within 24 months of the approval date, unless a Final Map is filed by March 2, 2022, or a request for an extension is received and approved by the City. IT

SHALL BE THE RESPONSIBILITY OF THE

APPLICANT/PROPERTY OWNER TO BE AWARE OF THE

EXPIRATION DATE OF THIS EN TITLEMENT AND TAKE THE

NECESSARY STEPS TO ENSURE THE APPROVAL OF THIS
ENTITLEMENT REMAINS VALID. IT SHALL NOT BE THE CITY

OF CERES RESPONSIBILITY TO NOTIFY THE
APPLICANT/PROPERTY OWNER OF THE PROJECT’S
EXPIRATION DATE. IF AN APPROVED ENTITLEMENT

EXPIRES, THE APPLICANT/PROPERTY OWNER SHALL BE

REQUIRED TO SUBMIT A NEW APPLICATION REQUEST FOR
THIS PROJECT.

ITEM 7

B. PROJECT SPECIFIC CONDITIONS

Prior to approval of a Final Map, the applicant shall demonstrate conformance to the following conditions to the sa tisfaction of the Planning and Building Division:

1. The applicant shall respond in writing to all conditions contained in this document and its attachments. Responses shall be in a letter format wi th each condition numbered and indexed for reference and shall describe how the condition has been met and shall, where applicable, di rect the plan checker to the page and/or drawing detail that dem onstrates compliance with the condition. A copy of these responses shall be provided with each set of the final map and improvement plans.

2. Prior to approval of the final m ap, the applicant shall complete or guarantee completion in a form sa tisfactory to the Engineering Services Department, any required im provements for this entitlement and for the SPSP 18-11 (PC Resoluti on 20-12) entitlement to the satisfaction of the Pla nning and Building Divi sion which may include, but not be limited to: installation of curb, gutter, sidewalk, pavement, and landscaping/fencing improvements along Hatch Road, paved parking areas, on-site storm drainage, and the modification of the traffic signal at Hatch Road and Boothe Road to City Standards to the satisfaction of the Engineeri ng Services Department. The applicant may also be required to construct the center median along their Hatch Road frontage. The fi nal map shall be recorded prior to issuance of any building permit(s) to allow for construction of commercial buildings intended for these lots.

3. The applicant is permitted to creat e three lots (Parcels A-C) at

1.38+/- acres, 0.40 +/- acres, and 0.38 +/- acres in size.

4. Easements for reciprocal acce ss, emergency vehicle access (EVA), parking, landscaping and public utilitie s over the proposed property are required including, but not limited to:

a. The applicant shall record an irrevocable reciprocal access and parking maintenance easement agreement that grants non- restrictive access between Parcel A, Parcel B, and Parcel C to use the drive aisles and parking areas, and to the River Oaks Golf Course residents.

b. The applicant shall record an i rrevocable reciprocal access and maintenance easement agreement that grants non-restrictive access to Parcel A, Parcel B, and Parcel C for the storm drain ITEM 7

system, sanitary sewer, and water main utilities, and other utilities that may be required by the City Engineer.

c. The applicant shall maintain t hat portion of the existing 40-foot private road and public utility easem ent that traverses the west end subject property and allow the homeowners/tenants that reside on Golf Links Drive the cont inued to use of said easement.

This shall be done to the satisfaction of the City.

d. All easements required for this project shall be recorded upon acceptance of the final map.

5. Any existing dwellings, structures , plumbing, and fencing that bisect the property lines shall be removed prior to filing the final map.

6. The applicant shall comply wit h the requirements imposed by the Turlock Irrigation District per the letters dated November 27, 2019 and March 18, 2019.

7. The applicant shall comply with a ll requirements imposed by the San Joaquin Valley Air Pollution Control Dis trict (SJVAPCD) per the letter dated December 10, 2019.

8. The applicant shall comply wit h all requirements imposed by the Stanislaus County Airport Land Use Commission per the letter dated December 19, 2019.

C. GENERAL CONDITIONS OF APPROVAL

Planning Division

1. Development shall conform to the map designated by the City Planning Division as “Vesting Tentat ive Parcel Map” drawn by GDR Engineering, Inc., stamped receiv ed September 26, 2019. The “Vesting Tentative Parcel Map” s hall consist of the submitted map amended by the applicant to reflect any changes indicated above in the Project Specific Conditions or required by the City in the approval process. The applicant shall subm it any required amended maps to the Planning Division wit hin 90 days of project approval. Failure to submit the amended map wil l result in a delay in processing and/or approval of the final map.

2. The Planning Division may approv e minor amendments to the map, provided that the map is still in substantial conformance with the original approval. A request for a minor amendment shall be submitted in writing to the Planning Division.

ITEM 7

3. The final map shall be in subst antial compliance to the approved vesting tentative parcel map and the development shall be consistent with applicable sections of the Mitchell Road Co rridor Specific Plan, General Plan, and Zoning Ordinance.

4. The developer will defend, indemnify , and hold harmless the City, its agents, officers, employees and volunteers from and against all claims, lawsuits or causes of action (whether brought solely against the City or jointly ag ainst both City, developer, or others), damages, losses, and expenses, including atto rney fees, arising in any manner out of the approval of the applicat ion approved herein, including, without limitation, all actions or proc eedings to attack, set aside, void or annul the permit granted pursuant to the City’s approval of the application referenced herein, provided the City notifies the developer within a reasonable time of any such claim, action or proceeding, and cooperates in the defense of such claims, actions or proceedings.

5. The development impact fees and project processing fees due in connection with this project shall be based upon the fees in effect at the time the fee is paid unle ss modified by a Development Agreement or other mechanism approved by the City. All developers of property within this project site shall pay the appropriate City and County Public Facility Fees, Cere s Unified School District Fees and other applicable fees in place. These fees may be adjusted yearly based on the construction cost index or other method as approved by the City.

6. The applicant shall meet all requi rements of Pacific Gas & Electric, AT&T, San Joaquin Valley Air Pollution Control District, Turlock Irrigation District and other utility agencies serving the project site to the satisfaction of the Planning Division.

7. Prior to any construction activity, the developer shall inform all contractors of the possibility t hat human remains may be found on the site during construction activities. The applicant shall consult with the Native American Heritage Commission for recommended procedures if human remains are found.

8. The applicant and/or outside party have the right to appeal, within 10- days, any decision of the Planni ng Commission to the City Council per the provisions of Chapter 18.46 of the Ceres Municipal Code.

ITEM 7

Engineering Services Department/Public Works Department

1. A plan for preventing stormwat er pollution and implementation of appropriate Best Management Practi ces (BMP’s) must be submitted to the Ceres Engineering Services Department prior to issuance of building permits for remaining development. If required, the applicant shall obtain coverage under the statewide NPDES General Construction permit and shall prepare a Storm Water Pollution Prevention Plan (SWPPP) and submit a Notice of Intent (NOI) and fee to the Regional Water Quality Control Board and have both on- site for reference and inspection (3 copies; 2 for City & 1 for contractor). Furthermore, prior to issuance of a building permit, a copy of the SWPPP and verification of a NOI, if required, must be submitted to the Engineering Services Department.

2. The subdivider shall be responsible to prevent any material from any erosion that may occur from entering the existing storm drain system.

The subdivider shall pay for any and all cleanup this may cause.

Prior to issuance of the first bu ilding permit for the subdivision, a $5,000.00 bond shall be post ed to cover cleaning of the storm drain system after build-out of the subdivision.

3. The applicant shall be required to work with the Engineering Services Department to take appropriate m easures to accommodate storm drainage associated with t he project. The applicant must abide by Ceres Municipal Code and not disc harge sediments or pollutants (concrete wash, paint, etc.) into the City stormdrain system.

4. All easements (i.e. public utilit y easements, etc.) and agreements required for this project shall be re corded concurrent with recordation of the final map.

5. The applicant shall ensure that water and sewer services are provided for the project to the satisfaction of the Engineering Services Department and Public Works Department.

6. The project soils engineer shall subm it a soils certification prior to placement of building foundations and pavement.

7. As applicable, all existing utilit ies shall be properly abandoned or relocated. All new and relocated utilities shall be placed underground and consistent with City Counc il policy on location and undergrounding of utility boxes.

ITEM 7

8. The subdivider shall be responsible for all dust control during the construction of this subdivision in compliance with the San Joaquin Valley Air Pollution Control District’s regulations.

9. Prior to final acceptance, the subdivider shall pr ovide the City with copies of the final map and the re cord drawings in an Auto Cad compatible DXF format. Additionally, the record drawings shall also be provided on 5 mil mylar.

10. All existing structures, incl uding such underground facilities as cesspools, septic tanks, basements , and wells not incorporated into the subdivision, shall be demolished or removed to the satisfaction of the Engineering Division.

11. The applicant shall indi cate, in writing to the City, the disposition of any water well(s) and any other water that may exist within the site.

If any wells are proposed to be a bandoned, or if they are abandoned and have not been properly sealed, t hey must be destroyed per County requirements.

12. All haul routes shall be approved by the City Engineer. Haul routes shall be limited to graded area only.

DURING CONSTRUCTION, TH E FOLLOWING CONDITIONS
SHALL APPLY:

13. Prior to any work being conducted within the City right-of-way, the applicant shall obtain an Encroachm ent Permit from the City. The Encroachment Permit requires impr ovement plans approved by the City Engineer, plus payment of plan check and inspection fees.

14. If any hazardous waste is encountered during the construction of this project, then all work shall be immediately stopped and the Stanislaus County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately. Work s hall not proceed until clearance has been issued by all of these agencies.

15. The developer shall keep adjoini ng public streets free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.

ITEM 7

16. Where soil or geologic conditions encountered in grading operations are different from that anticipat ed in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report sha ll be submitted for approval by the City Engineer.

17. Sufficient surety guaranteeing an y required public improvements for a period of one year after acceptance shall be provided.

18. If there are substant ial changes in the size, alignment, grades, etc. during construction, then original "as-built" plans on the standard size sheets will be certified by the Project Civil En gineer and returned to the City Engineer's office.

I:\PLANNING\DEPT\PLANNING\PC\Resolutions\2020\20-11 (18-10 VTPM) with COA's.doc ITEM 7
RECORDING REQUESTED BY:

CITY OF CERES

When Recorded mail to:

City of Ceres
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307

D R A F T
RESOLUTION NO. PC 20-12

RESOLUTION OF THE CITY OF CERES PLANNING COMMISSION

APPROVING A SPECIFIC PLAN SI TE PLAN ENTITLEMENT FOR THE

ARCHITECTURAL REVIEW, LAND USE, AND PLACEMENT OF THREE
COMMERCIAL BUILDINGS THAT RANG E IN SIZE FROM 3,500 SQUARE FEET TO 14,160 SQUARE FEET LO CATED AT THE NORTHEAST CORNER OF HATCH ROAD AND GOLF LINKS DRIVE. APPLICATION NUMBER: 18-11 SPSP.

PROPERTY OWNER/
APPLICANT: Surgit Singh and Ranjeet Talwana
3826 Old Oak Drive
Ceres, CA 95307

SITE LOCATION: Northeast corner of Hatch Road and Golf Links Drive Ceres, CA 95307

APN: 039-047-014 and 039-047-015

WHEREAS, the Planning Commission of the City of Ceres, State of California, has considered said applicat ion proposing a Conditional Use Permit entitlement for the archit ectural review, land use, and placement of three commercial buildings that range in size from 3,500 square f eet to 14,160 square feet located at the northeast corner of Hatch Road and Golf Links Drive; and,

WHEREAS, the property affected by this resolution is located at the northeast corner of Hatch Road Golf Links Drive, Ceres, CA 95307; and,

WHEREAS, the property affected by this resolution is situated in the City of Ceres, County of Stani slaus, and State of Califor nia and is described as follows:

Being a portion of Parcel “B” of Map recorded August 2, 1978 in Book 27 of Parcel Maps at Page 83, Stanislaus C ounty Records, being more particularly described as follows:

ITEM 7
Beginning at the southwest corner of Parc el “B”, a point on the north right-of-way of Hatch Road (94 feet wide); thence leavin g said right-of-way line, north 00° 00’ 54” west, 200.00 feet; thenc e south 89° 51’ 30” east, 470.00 feet, to a point on the east line of said Parcel “B”; thence along said east line, south 00° 00’ 54” east, 200.00 feet, a point on the north right-of-way of Hatch Road (94 feet wide); thence along said right-of-way, north 89° 51’ 30” west, 470.00 feet, to the point of beginning.

APN’s: 039-047-014 and 039-047-015

WHEREAS, the Planning Commission held a duly noticed public hearing on March 2, 2020 at 6:00 p.m. and cons idered all testimony and comment presented whether orally or in writing; and,

WHEREAS, the Planning Commission based on the evidence within the staff report and project file find that:

1. The proposed Specific Plan Site Plan application is c onsistent with the purpose and intent of the property’s “CC, Community Commercial” General Plan land use designation.

2. The proposed Specific Plan Site Plan application is c onsistent with the purpose and intent of the existing “Mixed Use - 2 (MX - 2)” zoning designation as defined in the Mitchell Road Corridor Specific Plan.

3. With the conditions of approval im posed on this Specific Plan Site Plan application, the propos ed use will have no adverse effect on surrounding properties or on any wildlife or wildlife habitat.

4. The conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.

THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Ceres as follows:

Section 1. This Specific Plan Site Plan entitlement is hereby approved, contingent upon the City Council approval of the Mitigated Negative Declaration and the Rezone (18-09 RZ) application. If the City Council fails to approve the proposed Mitigated Negative Declaration and the Rezone, the actions of the Planning Commission and this resolution become null and void.

Section 2. The establishment and operation of SPSP 18-11 requires compliance with the conditions of approval contained in this resolution and attached as Exhibit “A” and on file in the Planning and Buildin g Division, which shall be binding on all heirs, assignees, and successors in interest of said property.

ITEM 7

Section 3. The Director of Comm unity Development or designee is hereby directed to record this Resolution at the office of the County Recorder of the County of Stanislaus.

Section 4. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020 (d) (1), these conditions constitute written notice of a statement of the amou nt of such fees, and a description of the dedications, rese rvations, and other exactions. You are hereby further notified that the ninety (90) day appeal period in which you may protest these fees, dedications, and rese rvations other exactions, pursuant to Government Code Section 66020 (a), has begun. If you fail to file a protest within this ninety (90) day period comp lying with all of t he requirements of Section 66020, you will be legally barred from later challenging such exaction.

I HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the Planning Commission of the City of Ceres at a regular meeting of said Planning Commission held on the 2
nd day of March 2020, by the following
vote:

AYES:

NOES:

ABSENT:

A T T E S T :

TOM WESTBROOK, SECRETARY OF

THE CERES PLANNING COMMISSION

CITY OF CERES

ITEM 7
EXHIBIT “A”

CONDITIONS OF APPROVAL

Specific Plan Site Plan # 18-11

City of Ceres

Northeast Corner of Hatch Road and Golf Links Drive
Ceres, CA 95307

Prepared: February 20, 2020
Approved by the Planning Commission: March 2, 2020
Approved by the City Council: N/A
Amended by Staff/PC/CC on N/A

A. PROJECT AU THORIZATION

1. The project shall be in conforma nce with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this approval, but shall not be construed to permit violation of other laws and policies not so listed.

2. Approval is limited to the conf ormance of the land use and zoning.

Use of the property shall be limit ed to those permitted uses per the “Community Commercial (CC)” zoning district listed in the Mitchell Road Corridor Specific Plan.

3. This Conditional Use Permit en titlement shall expire within 24 months (March 2, 2022) unless a building permit is issued, or the use is exercised, or a request for extension is received by the City prior to expiration of the permit and approved by the Planning Commission. If the final map for VTPM 18-10 is adopted before its expiration date, then this Specif ic Plan Site Plan (SPSP 18-11) entitlement is valid and has no expiration date. IT SHALL BE THE

RESPONSIBILITY OF THE APPLICANT/PROPERTY OWNER TO

BE AWARE OF THE EXPIRATION DATE OF THIS

ENTITLEMENT AND TAKE THE NECESSARY STEPS TO

ENSURE THE APPROVAL OF THIS ENTITLEMENT REMAINS
VALID. IT SHALL NOT BE THE CITY OF CERES

RESPONSIBILITY TO NOTIFY THE APPLICANT/PROPERTY
OWNER OF THE PROJECT’S EXPIRATION DATE. IF AN

APPROVED ENTITLEMENT EXPIRES, THE

APPLICANT/PROPERTY OWNER SHALL BE REQUIRED TO
SUBMIT A NEW APPLICATION REQUEST FOR THIS PROJECT.

ITEM 7
B. PROJECT SPECIFIC CONDITIONS

Prior to issuance of a Final Site Pl an Map, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the Planning and Building Division:

1. The applicant shall respond in writing to all conditions contained in this document and its attachments. Responses shall be in a letter format wi th each condition numbered and indexed for reference and shall describe how the condition has been met and shall, where applicable, direct the plan checker to the page and/or drawing detail that dem onstrates compliance with the condition. These changes shall be indicated with a delta or cloud symbol. A copy of these responses shall be provided with each set of the final site map and improvement plans. These changes shall be approved by the Planning Division PRIOR to the submittal, and City acceptance, of a Building Permit application.

2. This Specific Plan Site Plan ( SPSP) entitlement is approved for the architectural review, land use, and placement of three commercial buildings that include: a 3,500 s quare foot buildi ng, a 4,835 square foot building and a 14,160 square f oot building located at the northeast corner of Hatch Road and Golf Links Drive.

This SPSP does not become effectiv e until after the City of Ceres City Council approves the amendment to the Mitchell Road Corridor Specific Plan to “CC, Community Commercial” per (18-09 RZ) that is associated with this SPSP request. In the event that the City Council does not approve the amendment request, development of this project and future commercial uses would be considered under the “MX-2” designation within the Mitchell Road Corridor Specific Plan.

3. The applicant shall in corporate colors, materials, and architectural features as approved by the Planning Commission which are represented with the project elevations and colored renderings drawn by “Commercial Architecture, Inc.” (received on September 26, 2020) to the satisfaction of the Planning Division. The three commercial buildings shall include the combination of bronze color standing seam metal roofing and light/dark grey with burgundy and mustard color type cement plaster finishes (which may be of smooth or rough textured finishes) integrated wit h wood siding and brick veneer, as well as the metal awnings over selected store front window areas.

Any request for changes to the colors or materials for the proposed buildings shall be made in writing and shall receive prior approval from the Director of Community Development or designee prior to their installation.

ITEM 7

4. Prior to approval of the final map associated with VTPM 18-10, the applicant shall complete or guar antee completion in a form satisfactory to the Engineering Services Department, any required improvements associated with this entitlement (SPSP 18-11) and VTPM 18-10 to the satisfaction of the City which may include, but not be limited to: installation of curb, gutter, sidewalk, and landscaping improvements, pavement, and ra ised median in Hatch Road; installation of paved on-site par king areas, on-site landscaping, on- site storm drainage, water and sewe r services; and the modification of the traffic signal at Hatc h Road and Boothe Road to City Standards to the satisfaction of the Engineering Services Department, and are provided for the project to the satisfaction of the Engineering Services Department and Public Works Department.

These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued. The project is required to comply with the requirements of the California Building Code that are in place at the time said building permit application is made for each building.

The applicant shall be the responsible party for the cost for both the removal of the existing net and non-native trees along the north property line and the replacement with a new net (designed to meet PGA – Professional Golfers’ Asso ciation design guidelines) at the height recommended by the consult ant (as referenced above), which shall be installed prior to occupancy of the first commer cial building.

The future net can also be designed to provide signage for River Oaks Golf Course, which can be sewn or integrated into the net’s design.

River Oaks Commercial Center wil l name River Oaks Golf Course and the City of Ceres as “Additional Certificate Holders” on the River Oaks Commercial Center Insurance Policy. River Oaks Commercial Center shall install protective netting along the common property line with the River Oaks Golf Course. The River Oaks Golf Course will be ITEM 7
responsible for the main tenance of the protecti ve netting as required by the Settlement Agreement and Mu tual Release executed between the City of Ceres and River Oaks Go lf Course, Inc., as approved by the City in Resolution No. 2004-109.

7. The applicant shall be required to provide the following improvements to address traffic turning movem ents associated with the project, which shall be completed to the satisfaction of the City.

a. The proposed entrance into the site from Hatch Road shall be aligned with Boothe Road and the proj ect shall utilize the traffic signals that already exist at the Boothe Road/Hatch Road intersection. The applicant shall update/modify the traffic signal, and subject to City review and a pproval, may be able to receive a credit towards fees for these improvements.

b. The design of the project shall include two key access points, including:

i. An additional roadway shall be provided which incorporates a left-in/left-out/straight through/right-out drive way approach at Hatch Road (at the existing traffic signal) which is situated between proposed Building 1 (on proposed Parcel A) and
Building 2 (as proposed on Parcel B) and is extended to the existing 40-foot wide road easement.

This access will consist of the installation of a 24-foot wide access gate with a remote for the existing homeowners that reside along Golf Links Road, which shall also be completed at the applicant’s expense.

ii. A right-in/right-out turn pocke t shall be provided where Hatch Road meets the existing 40-f oot wide road easement while limiting left-hand turn access from Hatch Road.

Alternatively, this requirement can instead be achieved if the lane(s) and/or median can be co nfigured in a manner within Hatch Road to create safe turning movements.

If said median and/or lane co nfiguration can work within Hatch Road to create safe left-in /left-out turning movements.

The applicant shall work with Cit y staff to dete rmine if there ITEM 7
are available funds to share in the construction of said improvements.

c. The applicant shall be responsib le for ensuring that the 40-foot private roadway easement that traverses along the west
property line of the project si te is being maintained to the satisfaction of the City to allo w both the patrons of the golf course and the homeowners that reside along Golf Links Road the continued use of this private roadway.

d. The applicant shall ensure that the connectivity between the subject property and the east an d west adjacent properties for future access to those properties is being maintained to the satisfaction of the City.

8. The applicant shall comply with t he following conditions, which shall be completed prior to granting the o ccupancy of the first commercial building to the satisfaction of t he Planning Division and Engineering Services Department:

a. The applicant shall obtain build ing permits for the 3,500 square foot commercial building, t he 4,835 square foot commercial building, and the 14,160 squar e foot commercial building associated with the project.

b. The required parking for the three commer cial buildings is calculated at 1 space per 250 square feet of floor area.

c. As applicable, the applicant shall install all water, sanitary sewer and storm drain systems, and relat ed utilities required to serve the project. Calculations for t hese utilities shall be prepared by a licensed civil engineer for revi ew and approval by the City Engineer.

d. The applicant shall install str eet lights, striping and signing, paving, and any necessary transi tions in accordance with the City of Ceres Procedures, Standard Specifications and
Standard Details.

e. Any proposed exterior lighting will need to be shielded and/or directed downward and away, so as not to create any glare onto Mitchell Road, and the neighbori ng properties. The height of any new pole lighting proposed for t he site shall not exceed the 30-foot tall height requirement per the Mitchell Road Corridor Specific Plan.

ITEM 7
f. The applicant shall provide three (3) separate water related service lines, including fire service, domestic service, and irrigation service to serve this project and the applicant shall provide staff with detailed wate r calculations (sealed by a California licensed architect or Engineer).

g. The on-site improvements associated with the project (i.e. parking lot striping/paving, si dewalks/walkways, and lighting, etc.) shall comply with all City standards to the satisfaction of the Planning Division and Engineering Services Department.

Placement of these enclosure s, size and design, shall be subject to review and approval by the City. The refuse enclosures shall meet the size requirements as established in the City of Ceres Water Efficient Guidelines and Standards.

The enclosures shall have a 6’ masonry (split face block) wall with solid metal gates in front that match the building’s field color. At a minimum, textured block for the exteriors shall be provided for each enclosure. Pl ans for these enclosures shall be provided at building permit s ubmittal. Trees/shrubs shall be positioned around the enclosure to screen from public view to the satisfaction of the Planning Division.

i. The applicant shall ensure that the entire project complies with the American Disabilities Act (ADA) requirements to the satisfaction of the City of Ceres.

9. Prior to issuance of building pe rmit(s) for the project, the applicant shall comply with the following requirements:

a. The applicant shall demonstrat e that reciprocal parking, maintenance, and access agreements have been recorded
between Parcel A, Parcel B, and Parcel C of the VTPM 18-10 entitlement.

b. The applicant shall enter into a Landscape Maintenance Agreement (between the applicant and the City), which shall be signed and executed prior to the issuance of a building permit for the project. Landscape Plans shall meet State of California’s Model Water Efficient Landscape Ordinance (MWELO)
standards and said plans shall be designed by a California State Licensed Landscape Architect. The applicant shall ensure the ITEM 7
project landscape plan incorporates trees and shrubs for the landscape areas of the project as follows:

i. Include at least 1 tree and 10 shrubs for each 35 feet of project street frontage ar ea (along Hatch Road) with a minimum planter width of 15 feet.

ii. Include at least 1 tree for every 8 parking spaces in the interior of the project parking lot (i.e. tree wells).

iii. Include trees and shrubs situated around the buildings and parking lot area as illustrate d on the project Landscape Plan (Sheets L0 and L1) as drawn by “KLA Landscape
Architecture Planning” on September 10, 2019 (and received on September 26, 2019).

10. Signage for the project will be subject to the requirements of Chapter

18.42 (Ceres Sign Code) of the Municipal Code. For any proposed wall signs, the City will require wall signs to be designed as individual channel lettering with an appropriate background (not a cabinet type sign). The maximum allowable sign area for a wall sign for the three commercial buildings is 1 square f oot of sign area for every 1 lineal foot of primary buildin g frontage and ½ square foot for every 1 linear foot of secondary frontage.

Furthermore, in reference to Condition B-6 listed above, any separate permanent signage intended to advertise the business name of the golf course operation with the use of the net shall be limited to 150 square feet in size.

11. Prior to issuing any building permits for the project, the plans will need to demonstrate how drainage will be or has been
accommodated to the satisfaction of the Engineering Services Department. The City may require all storm drainage to be retained on site, if connection cannot be made in the street to the Storm Drain system. The applicant may wish to accommodate some storm drainage capacity on-site, as in a sign ificant rain event the collection system may become inundated and lose capacity, which may result in some temporary localized flooding on-site.

ITEM 7

13. The applicant/future tenant(s) s hall provide a standard food service grease trap for each building that has a kitchen/food prep area, which shall be approved by the County of Stanislaus Department of Environmental Resources.

14. If any “Bike Racks” are being proposed for the commercial project area, they shall be equally dist ributed throughout the area near the three proposed buildings.

15. The applicant shall ensure that all roof mounted mechanical units are to be screened, and all exterior mechanical units visible from the street are painted the same of th e buildings’ fields color and must have screened landscaping. Any wall mounted mechanical units need to be flush with the exterior of the building. This shall be accomplished to the satisfaction of the City.

16. The applicant shall comply with the requirements of the Turlock Irrigation District (TID) per the Dist rict’s letters dated November 27, 2019 and March 18, 2019 some of which include, but are not limited to the following:

a. There is an existing 12 kV overhead electric line near the east property boundary. Boom type construction equipment must maintain 10 feet of clearance fr om the 12kV wires. This would also apply to maintaining adequa te clearance from the garbage truck when raising the dumpster, which could necessitate relocation of the trash enclo sure. All other structures, equipment and activities shall maintain 6 feet separation. A 15- foot wide easement centered on the over head line would be required.

b. A 10-foot public utility easement (PUE) shall be dedicated along all street frontages.

17. The applicant shall comply with all requirements imposed by the San Joaquin Valley Air Pollution Control Dis trict (SJVAPCD) per the letter dated December 10, 2019.

18. The applicant shall comply wit h all requirements imposed by the Stanislaus County Airport Land Use Commission per the letter dated December 19, 2019.

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C. GENERAL CONDITIONS OF APPROVAL

Planning Division

1. Development shall conform to the plans designated by the City Planning Division as “Final Exhibit” . Final exhibit shall consist of the submitted map(s), site pl an, floor plans, elevations and landscape plans amended by the app licant to reflect any changes indicated above in, Item B, Project Specific Conditions or required by the City in the approval process. The applicant shall submit any required amended site plans to the Planning Division within 90- days of project approval. Failure to submit the amended plans will result in a delay in processing and/or approval of those plans.

2. The development impact fees and project processing fees due in connection with this project shall be based upon the fees in effect at the time the fee is paid unle ss modified by a Development Agreement or other mechanism approved by the City. All developers of property within this project site shall pay the appropriate City and County Public Facility Fees, Ceres Unified School District Fees, Mitchell Road Corridor Specific Plan Fees, and other applicable fees in place. These fees may be adjusted yearly based on the construction co st index or other method as approved by the City.

3. Any plans associated with the permit shall be in substantial compliance to the approved site plan and the develop ment shall be consistent with applicabl e sections of the G eneral Plan, Zoning Ordinance and applicable master plan. Violation of any provision(s) may result in Code Enforcement action, which may include revocation of permit and/or monetary penalties.

4. As applicable, the applicant shall meet all requirements of Pacific Gas & Electric, AT&T, San Joaquin Valley Air Pollution Control District, Turlock Irrigation Distric t (TID) and other utility agencies serving the project site to the satisfaction of the Planning Division.

5. The developer will defend, indem nify, and hold harmless the City, its agents, officers, employees and volunteers from and against all claims, lawsuits, or causes of action (whether brought solely against the City or jointly against both City, develop er, or others), damages, losses, and expenses, including attorney fees, arising in any manner out of the approval or the application approved herein, including, without limitation, all actions or proceedings to attack, set aside, void or annul the permit granted pursuant to the City’s approval of the application referenced herein, provided the City ITEM 7
notifies the developer within a reasonab le time of any such claim, action or proceeding, and cooperates in the defense of such claims, actions or proceedings.

6. Prior to any construction activi ty, the developer shall inform all contractors of the possibility t hat human remains may be found on the site during construction activities. The applicant shall consult with the Native American Heri tage Commission for recommended procedures if human remains are found.

8. In addition to complying with the State of California’s Model Water Efficient Landscape Ordinance (MWELO) standards, the applicant shall be required to landscape and irrigate the property as stipulated by the City of Ceres Water Efficient Guidelines and Standards. The applicant, prior to building permit submittal, shall provide landscape and irrigation plans indicating the type, size and location of planted material, water usage calculations and irrigation plans. The Director of Community Development or his designee will review and approve all land scape and irrigation plans. A Landscape Maintenance Agreement form shall be signed and executed prior to issuance of a building permit.

9. The trash/recycling enclosures for this project shall meet the size requirements established in the City of Ceres Water Efficient Guidelines and Standards. Each enc losure shall have a six-foot textured masonry block with solid metal gates in front that match the building field color. In visi ble locations, the enclosures may be required to have stucco siding and provide landscape screening, such as climbing vines or bushes to the discretion of the Director of Community Development or his designee.

11. The applicant shall comply with t he visibility obstructions at public intersections provisions in the City of Ceres Municipal Code.

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12. During the construction phase, the applicant shall ensure temporary outdoor storage of items will be scr eened with a fence or wall, as required. Depending on use, fences or walls shall not exceed eight (8’) feet in height including secu rity measures, unless required for environmental mitigation or approv al of the Planning Commission or City Council.

13. The applicant shall comply wit h the requirements of the San Joaquin Valley Air Pollution Control District regarding Rule 9510 to the satisfaction of the City of Cere s. If applicable, applicant shall submit verification of complianc e or payment of fee to the satisfaction of the Director of Permits Services or designee from the Air District, prior to issuance of a building permit. Additionally, the applicant shall incorporate measures per the SJVAPCD guidelines to reduce greenhouse gas emissions to the satisfaction of the SJVAPCD and to the City.

14. The Planning Division may approve minor amendments to the project, provided that the amendm ent is still in substantial conformance with the original approv al of this entitlement (SPSP 18-11). A request for a minor am endment shall be submitted in writing to the Planning Division. Any request that is not deemed minor in nature must be presen ted to the Planning Commission through the amendment process and the applicant shall pay the necessary processing fees.

15. The applicant and/or outside party have the right to appeal, within 10-days, any decision of the Pl anning Commission to the City Council per the provisions of Chapt er 18.46 of the Ceres Municipal Code.

16. The applicant shall comply with the applicable sections of both the Mitchell Road Corridor Specific Plan and the Ceres Municipal Code.

Engineering Services Department/Public Works Department

The applicant shall comply with t he requirements imposed by the City of Ceres Engineering Services Department/Public Works Department, which may include, but not be limited to the following:

1. The applicant shall submit to the City of Ceres for review and approval, a grading and drainage plan prepared by a Registered Civil Engineer; shall obtain a grading permi t; and shall post sufficient surety guaranteeing completion.

ITEM 7

2. The applicant shall demonstrate to the satisfaction of the Engineering Services Department that surfac e water runoff from the proposed buildings, including new access/ driveway/parking areas, are conveyed to stormwater facilities and that the facilities are adequately sized for the proposed changes.

3. A soils report is required for the pr oject. The applicant shall submit to the City of Ceres for review and approval, a detailed soils report certified by a Civil Engineer regist ered in the State of California and qualified to perform soils work. T he soils report shall comply with the requirements of the current edition of the International Building Code with the current California amendm ents. The soils report shall provide design parameters for pr oposed building f oundation, soil preparation, and specifications and recommendations for pavement sections, including loading areas and fire lanes.

4. The project may be subject to pr oviding the Engineering Services Department (209-538-5792) with water and sewer analysis to ensure the City has sufficient capacity to serve the development.

5. All services shall be installed a nd protected as per City standards.

Additional utility easements may be needed for sewer, water, and storm drainage.

6. Prior to issuance of building permits, a plan for preventing stormwater pollution and implementation of appropriate Best Management Practices (BMP’s) must be submitted to, and approved by, the Ceres Engineering Services Department. The plan shall comply with the State Water Regional Control Bo ard Storm water Best Management Practices during construction.

7. The project shall be design ed to incorporate “Low Impact Development (LID)” desi gn parameters as well as a Stormwater Pollution Prevention Plan (SWPPP) . The City needs a copy of the SWPPP prior to start of constructi on (grading). The applicant will be required to implement construction BMP's to prevent sediment from entering the street and the City's stormdrain inlets, which includes gravel drives at entrance/exit points, wattles, and stormdrain inlet filters, as well as keeping concrete wash, chemicals, etc. out of the stormdrain system. This shall be done to the satisfaction of the Engineering Services Department.

8. The applicant shall provide three (3) separate water related service lines, including fire service, domestic service, and irrigation service.

ITEM 7

9. Prior to any work being conducted within the City right-of-way and prior to issuance of building permi ts, the applicant shall obtain an Encroachment Permit from the City. Prior to i ssuance of the Encroachment Permit, the applicant s hall submit to the City of Ceres for review and approval, improvement plans prepared by a registered Civil Engineer; shall pay plan c heck and inspection fees; shall provide a cost estimate of the improvements; and shall post sufficient surety guaranteeing the construction of the improvements.

10. The applicant shall provide tra ffic control plans, prepared by a registered civil engineer, for all proposed work within the City right-of- way.

11. As applicable, all existing utilit ies shall be properly abandoned or relocated. All new and relocated utilities shall be placed underground and consistent with City Council policy on location and undergrounding of utility boxes. Addi tionally, any wells or septic systems existing of the property s hall also be abandoned. Additional utility easements might be needed fo r sewer, water, and storm drainage.

12. The applicant shall indi cate, in writing to the City, the disposition of any water well(s) and any other water that may exist within the site.

If any wells are proposed to be a bandoned, or if they are abandoned and have not been properly sealed, t hey must be destroyed per County of Stanislaus requirements.

13. The project soils engineer shall subm it a soils certification prior to placement of building foundations and pavement.

14. The applicant shall submit pav ement design sections to the Engineering Services Department for review and approval prior to placement of pavement.

15. All improvements shall be cons tructed in accordance with City standards and to the satisfaction of the Engineering Services Department.

16. The applicant shall comply with San Joaquin Valley Air Pollution Control District regulations for the construction phase of this project.

DURING CONSTRUCTION, TH E FOLLOWING CONDITIONS
SHALL APPLY:

17. If any hazardous waste is encountered during the construction of this project, then all work shall be immediately stopped and the ITEM 7
Stanislaus County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately. Work s hall not proceed until clearance has been issued by all of these agencies.

18. The developer shall keep adjoi ning public street s free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.

19. If grading is to take place between October 1 and May 1, both temporary and permanent erosion c ontrol plans shall be submitted for review and approval along wit h the grading plan. Permanent erosion control measures shall in clude hydro-seeding of all graded slopes within 60-days of completion of grading.

21. Sufficient surety guaranteeing t he public improvements for a period of one year shall be provided.

22. If there are substant ial changes in the size, alignment, grades, etc. during construction, then original "as-built" plans on the standard size sheets will be certified by the Project Civil En gineer and returned to the City Engineering Services Department office.

Building Division

1. The proposed development requi res the approval of building permit(s) and it shall be subject to comply with the currently adopted California Building Code and disability accessibility as approved by the Building Division at the time of building permit issuance.

2. The applicant shall list all colo r and materials on the construction drawings when submitted to the City’s Building Division.

3. An automatic fire sprinkler syst em will be required for buildings that are 5,000 square feet or more in size.

4. Approval of this project is not an authorization to commence construction. Building construc tion, alterations, repairs, sign ITEM 7
erection or occupancy shall not be permitted without prior approval of the Building Division through issuance of any required permits.

5. All construction shall meet the requirements of the current adopted California Building Code, and disability accessibility as approved by the Building Division.

6. Construction of all improvement s shall be completed by licensed contractor(s).

7. The applicant shall obtain approval of a City of Ceres building permit for each proposed building and shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, and Ceres Unified School District fees. These fees are adj usted annually. The applicant shall pay the fees in place at the time the building permits is issued.

8. The applicant shall provide on- site restroom facilities during construction.

9. Handicapped parking stalls shall have a dimension of 17’ x 19’ with the access area on the passenger side. Handicapped accessibility to the proposed building shall be required. Handicapped accessibility to the proposed buildin g shall be required per State Law and to the approval of the Building official.

10. The project will be subject to approval from the San Joaquin Valley Air Pollution Control District.

Fire Department

The project shall conform to any requirements imposed by the Emergency Services Department, including, but not limited to:

1. All construction shall conform to the requirements of the Ceres Building Division and Ceres Ordinance 84-625, as amended pertaining to the Uniform Fire Code and Ordinance 80-546, as amended, pertaining to Automatic Sprinklers.

2. An automatic fire sprinkler system is required for building that are 5,000 square feet or more in size . Each sprinkler system must be approved by the Fire Marshal.

3. A Hood and Duct Suppression S ystem is required for restaurant uses.

ITEM 7

4. A Knox type key emergency access box is required for each building.

Location to be specified by the Ceres Emergency Services.

5. Knox type padlock (with puck c ontrol; keypad and Knox override switch) is required for the gated a ccess points on Golf Links Drive to satisfaction of the Fire Marshal.

6. All emergency vehicle access points and proposed utilities shall ensure cross-easements and sha ll be located per the proposed development plans unless modified by these conditions.

7. All emergency vehicle access areas shall be constructed of an all weather material approved by the Ceres Emergency Services.

8. An approved fire alarm system is required for each building and each system shall be 24-hour monito red by an approved and UL listed monitoring station.

9. Fire hydrant(s) are required. All fire hydrant(s) shall be spaced 300 feet apart in which both on and off site location to be approved by Ceres Fire Department. Fire hydrants shall also be within 50 feet of the Fire Department C onnection on the same side roadway for the Automatic Fire Sprinkler System . They shall be connected to a minimum main size of 8 inches for a dead-end hydrant and 6 inches for a looped system.

11. Fire main layout shall be reviewed and approved by the Ceres Emergency Services. All water systems shall be looped when supplying more than one hydrant.

12. If applicable, Fire Lane-No Parki ng zones shall be established and marked for this project per the Fire Department specifications.

13. If applicable, all interior turni ng radius’ for this project shall be required to meet the requirements of the Fire Department.

14. The applicant shall provide and install security lighting for the project.

15. Each building shall be clearly i dentified by street address or building number.

ITEM 7

16. All security gates shall be approved by the Ceres Fire Department.

The security gates and the emergency operation shall always be maintained operational. Electric gate operators, where provided, shall be listed in accordance wit h UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.

17. All gates shall be provided wit h an approved egress system for the Ceres Fire Department.

18. Blue roadway indicators shall be provided according to the Ceres Fire Department policy.

19. A minimum of 48-hour notice is required for all inspections.

Police Department

1. The project will be required to confor m to the provisions of the Public Peace, Safety and Morals section of the Ceres Municipal Code.

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{CW088122.2} City of Ceres – Planning and Building Division Page 1 18-09 RZ, 18-10 VTPM, 18-11 SPSP - Initial Study/MND

City of Ceres
Environmental Checklist Form

1. Project Title: Rezone (RZ 18-09), Vesting Tentative Parcel Map (VTPM 18-10), and Specific Plan Site Plan (18-11): Proposal to subdivide a 2.16 acre site into 3 commercial zoned parcels with a new commercial building proposed for each parcel located at northeast corner of East Hatch Road and Golf Links Drive in Ceres, California.

2. Lead Agency Name and Address: City of Ceres
2220 Magnolia Street
Ceres, CA 95307

3. Contact Person and Phone Number: James Michaels, Senior Planner, [email protected], 209.538.5789

4. Project Location: Northeast Corner of East Hatch Road and Golf Links Drive (APN: 039-047-014 & 039-047-015)

5. Project Sponsor’s Name and Address: GDR Engineering, Inc.

ATTN: Max Garcia
3525 Mitchell Road, Suite G
Ceres, CA 95307

6. General Plan Designation: CC, Community Commercial

7. Zoning Designation: MX-2, Mixed Use – 2 (Mitchell Road Corridor Specific Plan)

8. Description of the Project: This proposed project is for a Rezone, a Vesting Tentative Parcel Map and a Specific Plan Site Plan entitlement to subdivide a 2.16 ac re site into 3 commercial zoned parcels with a new commercial building proposed for each parcel located at the northeast corner of East Hatch Road and Golf Links Drive in Ceres, California. The proposed Rezone would modify the existing “MX-2, Mixed Use – 2” zoning designation to a “CC, Community Commercial” zoning designation; the Vesting Tentative Parcel Map would allow the property to be subdivided into 3 parcels where said lots range from 0.33 acres to 1.43 acres in size; and the Specific Plan Site Plan request would allow for the placement of a new commercial building on each proposed lot with a 3,500 square foot building for Parcel A, a 4,835 square foot building for Parcel B and a 14,160 square foot building for Parcel C. T he proposed total commercial square footage for this project will be 22,495 square feet.

9. Surrounding Land Uses and Setting: The zoning and the existing developments on and in the vicinity of the proposed subdivision map are summarized below.

EXISTING LAND USE ZONING CERES GENERAL PLAN
Project Site Vacant M X-2, Mixed Use - 2 CC, Community Commercial North
Golf Links Drive & River Oaks
Golf Course and some large lot
single-family residences
MX-2, Mixed Use - 2 CR, Commercial Recreation
South Existing single-family
residences and Hatch Road
PC-52, Planned Community-
52 VLDR, Very Low Density
Residential & LDR, Low Density
Residential
East River Bluff Regional Park P, Parks P, Parks
West Vacant commercial land & PC-60, Planned Community- CC, Community Commercial, ITEM 7

City of Ceres – Planning and Building Division Page 2
REVISED 18-09 RZ, 18-10 VTPM, 18-11 SPSP - Initial Study/MND

existing single-family
residences
60 & MX-2, Mixed Use - 2 CR, Commercial Recreation, &
Very Low Density Residential

The project area involves a 2.16 acre site, located at the northeast corner of Hatch Road and Golf Links Drive, directly north of the Boot he Road and Hatch Road intersection, and approximately 1,965 feet east of the Mitchell Road/Hatch Road intersection. The subjec t site is currently undeveloped with invasive weeds, but has an existing driveway through an existing priv ate road and utility easement along the west property line which is the main entrance into the River Oaks Golf Course and some large lot single-family homes.

Boothe Road and an existing traffic signal “T” lead into this property and this signal is approximately 150’ east of the west property line of the subject parcel. A row of Eucalyptus trees exists along the north property line separating the project site with the existing dr iving range at the River Oaks Golf Course. These Eucalyptus trees lie approximately 4.2 feet to 7.5 feet south of the north property line of the project site and will be removed with the development of this project. An existing net, approximately 35 feet tall lies 0.5 feet to 5.5 feet north of the north property line of the project site. East of the project site is some vacant land owned by the City of Ceres, as well as River Bluff Regional Park (which houses the City’s soccer complex).

There is currently no curb, gutter, or sidewalk installed along the property frontage.

10. Other public agencies which approval is required: (e.g. permits, financing approval, or participation agreement) None.

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{CW088122.2} City of Ceres – Planning and Building Division Page 1 18-09 RZ, 18-10 VTPM, 18-11 SPSP - Initial Study/MND

Figure No. 1 – Vicinity Map

Project Site North ITEM 7

City of Ceres – Planning and Building Division Page 2
REVISED 18-09 RZ, 18-10 VTPM, 18-11 SPSP - Initial Study/MND

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City of Ceres – Planning and Building Division Page 2
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EVALUATION OF ENVIRONMENTAL IMPACTS:

1. A brief explanation is required for all answers exc ept “No Impact” answers that are adequately supported by the information sources a lead agency cites in the par entheses following each question. A “No Impact” answer is adequately supported if the referenced inform ation sources show that the impact simply does not apply to projects like the one involved (e.g., the proj ects outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).

2. All answers must take account of the whole action invo lved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

3. Once the lead agency has determined that a parti cular physical impact may occur, then the checklist answers must indicate whether the im pact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.

4. “Negative Declaration: Less Than Significant With Mitigation Incorpor ated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less than Significant Impact.” The lead agency must describe t he mitigation measures, and briefly explain how they reduce the effect to a less than significant level (miti gation measures from “Earlier Analyses,” as described in (5.) below, may be cross-referenced).

5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Sect ion 15063(c)(3)(D). In this case, a brief discussion should identify the following:

a. Earlier Analysis Used. Identify and state where they are available for review.

b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures on the earlier analysis.

c. Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures incorporated”, describe the mitigation measures which were incorporated or refined from the earlier documents and the extent to which they address site-specific conditions for the project.

REFERENCES:

- Ceres General Plan – May, 2018
- Ceres General Plan DRAFT EIR – February, 2018
- Ceres General Plan Final EIR – April, 2018
- Ceres Zoning Ordinance, Title 18, Ceres Municipal Code - San Joaquin Valley Air Pollution Co ntrol District Regulations VIII. - California Natural Diversity Database (CND DB), US Fish & Wildlife Service, 2015. - Ceres Sewer Master Plan, 2013.
- Ceres Water Master Plan, 2011.
- Stanislaus County Important Farmland Map, 2016, California Department of Conservation-Farmland Mapping and Monitoring Program.

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I. AESTHETICS

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildin
gs within a state scenic highway?

c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? ( Public views are
those that are experienced from publicly
accessible vantage point) . If the project is in an
urbanized area, would the project conflict with
applicable zoning and other regulations governing
scenic qualit
y?

d) Create a new source of substantial light or glare,
which would adversely affect day or nighttime views
in the area?

Comments:

a,b) No Impact. The project area is currently an undeveloped site, and is surrounded by an existing golf course to the north and some large lot single-family homes, Ri ver Bluff Regional Park to the east, vacant land and commercial uses to the west, and single-family resid ential development to the south of Hatch Road. The project area has no scenic vistas, and Hatch Road is not located within a state scenic highway. Thus, it is expected the project will have no impact to scenic vist as or scenic resources such as trees, rock outcroppings or historic buildings. There are some eucalyptus trees on the subj ect property that will be removed with this project. However, eucalyptus trees are nonnative and not considered a scenic resource.

Further, the project site, when developed, will be placing landscaping throughout the project which will include numerous trees. Therefore, the project will have No Impact.

c) Less Than Significant Impact. It is anticipated that the proposed deve lopment will not substantially degrade the existing visual character or qualit y of the site or its surroundings as the development will be consistent with similar commercial developments along Hatch Road, within the vicinity. Thus, the project will have a Less Than Significant Impact.

d) Less Than Significant Impact. The proposed development is anticipated to create some additional light within the area; however, the proj ect will incorporate desi gn measures to ensure any new light sources emanating from the project area do not spill onto adj acent roadways and land uses, and the new light sources would not be different from the existing resi dential and commercial developments within the area.

Furthermore, the project is just so uth of the River Oaks Golf Course driving range which has lights for use at nighttime which will illuminate the back of this commercial project. Thus, the project will have a Less Than Significant Impact.

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II. AGRICULTURAL AND FORESTRY

RESOURCES

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site assessment Model (1997) prepared by the California Department of Conservation as an optional model to use
in assessing impacts on agriculture and farmland. In
determining whether impacts to forest resources,
including timberland, are significant environmental
effects, lead agencies may refer to information compiled by the California Departm ent of Forestry and Fire
Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and
the Forest Legacy Assessment Project; forest carbon
measurement methodology provid ed in Forest Protocols
adopted by the California Air Resources Board. Would
the Project:

a) Convert Prime farmland , Unique farmland, or
Farmland of Statewide Importance, as shown on the
maps prepared pursuant to the farmland Mapping
and Monitoring Program of the California Resources
Agency, to non-agricultural use?

b) Conflict with existing zoning for agricultural use or a Williamson Act contract?

c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
Section 12220(g)), timberland (as defined by Public
Resources Code Section 4526 ), or timberland zoned
Timberland Production (as defined by Government
Code Section 51104(g))?

d) Result in the loss of fo rest land or conversion of
forest land to non-forest use?

e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland to non-agricultural use, or
conversion of forest land to non-forest use?

Comments:

a) No Impact. The project area is surrounded by ex isting recreational and residential developments and is adjacent to the River Oaks Golf Course and River Bluff Regional Park. The Stanislaus County Important Farmland Map of 2016 designates that subject projec t area as Urban and Built-up Land, and therefore, is not considered to be prime or unique farmland of Stat ewide Importance. As such, the proposed project will have No Impact.

b-d) No Impact. The project area is currently an undeveloped site, is not under a Williamson Act contract, and is not currently being cultivated for an agricultural use. Additionally, the project area does not include any forest land (as defined in Public Resources Code Se ction 12220(g)), timberland (as defined by Public Resources Code Section 4526), timberland zoned Ti mberland Production (as defined by Government ITEM 7

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Code Section 51104(g)), nor does it result in the loss or conversion of forest land to a non-forest use.

Therefore, construction of the proposed subdivision will have No Impact.

e) No Impact. The proposed development will not involv e other changes in the existing environment as the project area does not include any farmland or forest land. Thus, the construction of the project improvements does not result in converting farmland to non-agriculture use or converting forest land to a non-forest use. As such, the proposed project will have No Impact.

III. AIR QUALITY

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Where applicable, the significance criteria established by the applicable air quality management district or air
pollution control district may be relied upon to make the following determinations. Would the project:

a) Conflict with or obstruct implementation of the
applicable air quality plan?

b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air qualit
y standard?

c) Expose sensitive receptors to substantial pollutant
concentrations?

d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?

Comments:

a) Less Than Significant Impact. The development of this project w ill not obstruct implementation of an air quality plan, and it is expected that this project will be subject to the San Joaquin Valley Air Pollution Control District’s Rule 9510, which is the Indirect Source Re view and the project will either have to incorporate approved District measures to reduce expected polluti on or pay fees based on t he expected pollution that might be generated as a result of the project. Additionally, during the construction phase of this project, the developer will be required to adhere to Rule 8021 which regulates construction activities, including earthmoving. Because this project will be required to comply with the standards of the San Joaquin Valley Air Pollution Control District, this will be a Less Than Significant Impact.

b) Less Than Significant Impact with Mitigation Incorporated. The San Joaquin Valley Region is a "non- attainment” area for state particulate matter (PM10) and ozone standards, and the Federal ozone standard.

During grading and construction activities, it is antic ipated that the project’s primary contribution to air quality emissions would be particulate matter, which may result as a potentially significant impact. The applicant will be required to comply with the San Joa quin Valley Air Pollution Control District (PM10) regulations. Additionally, implementation of the fo llowing mitigation measure during the construction phase of this project will reduce potential air quality impacts to a less than significant level:

Mitigation Measure

MM III-1: The applicant shall implement the following dust control measures:

 Water all active construction areas at least twice daily.  Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the ITEM 7

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wind.
 Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.
 Suspend excavation and grading activity when winds exceed 15 mph.  Install a construction entrance, to contain dirt and debris onsite.

Timing/Implementation: Prior to issuance of a grading permit for the project and implemented during construction activities.

Enforcement/Monitoring: City of Ceres Public Works Department & Engineering Services Division.

Implementation of the above Mitigation Measure will reduce air quality impacts to a Less Than Significant Impact with Mitigation Incorporated.

c) Less Than Significant Impact. The Ceres General Plan, adopted in 2018, identifies air quality impacts to sensitive receptors such as residences. However, the proposed project is consistent with development expected to occur within the area and analyzed as par t of the Ceres General Plan Final Environmental Impact Report, certified May 2018. Construction activiti es of the project will be temporary and the traffic resulting from the project is not ex pected to create substantial pollutant concentrations. Therefore, this project will have a Less Than Significant Impact.

d) No Impact. It is anticipated that the proposed project w ill not create any odors t hat would be considered objectionable to a substantial number of people on either a short-term or long-term basis. The proposed buildings will be for commercial uses, consistent with surrounding character of re sidential and recreational land uses. As a result, the project will have No Impact.

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IV. BIOLOGICAL RESOURCES

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or
U.S. Fish and Wildlife Service?

b) Have a substantial adver se effect on any riparian
habitat or sensitive natural community identified in
local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S.

Fish and Wildlife Service?

c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or
other means?

d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or with established native resi dents or migratory wildlife corridors or impede the use of native wildlife nursery
sites?

e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?

f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local regional, or state
habitat conservation plan?

Comments:

a,b) No Impact. The project area does not contai n any known species that would be a candidate, sensitive, or special status species, nor does it contain habitat for such species. Additionally, the City of Ceres General Plan EIR indicates that the only riparian areas within t he City of Ceres are adjacent to the Tuolumne River.

Construction of the project improvements for the site are located approximately 1, 300 +/- feet south of the river and is not expected to harbor any special status species nor have any sensitive natural communities.

While this project site is currently vacant, it has been disked over the years to reduce dry vegetation and minimize fire risk. Therefore, this project will have No Impact.

c) No Impact. The subject property is not designated as a federally protected wetland as defined by Section 404 of the Clean Water Act. The development of this project will have No Impact.

d) No Impact. There are no ponds or streams and there is no ha bitat for migratory fish. Additionally, this project will not impede the movement of wildlife within a mi gratory corridor as the site is not suitable habitat for such movements. As such, this project will have No Impact.

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e) Less Than Significant Impact. Beyond the policies of the General Plan, the City does not yet have any ordinances for tree preservation. The Mitchell Road Co rridor Specific Plan (MRCSP) does have a policy to preserve existing significant trees, but it does not id entify what species should be preserved nor does it provide a mechanism for preservation. The project will require the remova l of some Eucalyptus trees that exist along the north property line of the site. As the project will result with new landscaping provided throughout the property, it is expected this will be a Less Than Significant Impact.

f) No Impact. There is no local adopted Habitat Conservation Plan, Natural Community Conservation Plan, or state habitat conservation plan that affects this site. The development of this project will have No Impact.

V. CULTURAL RESOURCES

Potentially
Significant
Impact

Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§15064.5?

b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to
§15064.5?

c) Disturb any human remains, including those
interred outside of formal cemeteries?

Comments:

a-c) Less Than Significant With Mitigation Incorporated. The proposed construction of the project will not require the demolition of any structures. Archaeological resources are typically found along waterways and since the project site is approximately 1,300 +/- feet s outh of the Tuolumne River, the project site is not expected to have any human remains and is located in an area that is surrounded by existing residential and recreational development. However, although it is highly unlikely, the potential does exist for subsurface archaeological artifacts or unique paleontological resources to be uncovered during grading operations and construction. As such, this could be a potential significant impact unless mitigation is incorporated in the project.

Mitigation Measure

MM V-1: If any prehistoric, archaeological, paleontological, or historic artifacts, human remains, or other indications of archaeological resources are found on ce the project’s construction is underway, all work in the immediate vicinity must stop and the City shall be immediately notified. The developer shall be required to retain the services of an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards in prehistoric or historical archaeology, as appropriate, to evaluate the finds and recommend appropriate mitigation measures.

Timing/Implementation: As a condition of project approval and implemented during construction activities.

Enforcement/Monitoring: City of Ceres Planning Division, Public Works Department & Engineering Services Department.

Implementation of the above Mitigation Measure will reduce the impacts associated with the project in relation to archaeological, prehistoric, and paleontological resources to Less Than Significant With Mitigation Incorporated.

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VI. ENERGY

Potentially
Significant
Impact

Less Than
Significant With
Mitigation
Incorpo
rated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Result in potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?

b) Conflict with or obstru ct a state or local plan for renewable energy or energy efficiency?

Comments:

a,b) Less Than Significant Impact. The City has specific General Plan policies that encourage projects to be designed to achieve energy efficiency. Construction of the project will in corporate design features that are energy efficient that can be considered as meeting the intent of these General Plan policies and addressing impacts per the California Environmental Quality Act (CEQA). Furthermore, the California Building Code requires energy efficiency measures for all new construction which w ill apply to this project. As such, the development of this project will have a Less Than Significant Impact.

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VII. GEOLOGY AND SOILS

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Directly or indirectly cause potential substantial
adverse effects including the risk of loss injury, or
death involving rupture of a known earthquake
fault, as delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known Fault? Refer to
Division of Mines and Geology Special Publication

42. b) Expose people or structures to potential
substantial adverse effects including the risk of
loss injury, or death involving strong seismic
ground shaking?

c) Expose people or structures to potential
substantial adverse effects including the risk of
loss injury, or death in volving seismic-related
ground failure, including liquefaction?

d) Expose people or structures to potential
substantial adverse effects including the risk of
loss, in
jury, or death involving landslides?

e) Result in substantial soil erosion or the loss of
topsoil?

f) Be located on a geologic unit or soil that is
unstable or that would become unstable as a
result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence,
liquefaction or collapse?

g) Be located on expansive soil, as defined in the
California Building Code, creating substantial
direct or indirect risks to life or propert
y?

h) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where se wers are not available
for the disposal of wastewater?

i) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?

Comments:

a) No Impact. According to the City of Ceres General Plan, some faults do exist in the eastern portion of Stanislaus County and west of Interstate 5 in the Diablo Range, but no faults exist within the City’s Planning Area. The City of Ceres is located in the central portion of Stanislaus County and was not identified as a risk to these faults, which are located in the eastern and western portions of the County. Therefore, No Impact is expected.

b) Less Than Significant Impact. Although there are no known active earthquake faults on the subject site, the site could be subject to some ground shaking from region al faults which can result in damage to buildings.

However, due to the absence of active faults in the City’s Planning Area, the risk of the breaking of the ITEM 7

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ground along a fault during an earthquake is very low. Excavation, earthwork, and activities associated with the installation of physical improvements may have the potential to create unstable geologic conditions. All earthwork will only be allowed consistent with exis ting City Specifications, and the project will be constructed to meet all requirements of the current California Building Code (including Seismic sections), which have been adopted to protect the general welfare and public safety. As such, it is expected that the future buildings associated with t he project will not be subject to adverse effects involving strong seismic ground shaking. Therefore, this is a Less Than Significant Impact.

c) Less Than Significant Impact. As the City’s General Plan identifie s that the City’s Planning Area has well drained relatively stable soils, and with the distance from active faults and depth of the groundwater table, the risk of liquefaction occurring is very low. The City of Ceres and the current California Building Code will require a soils analysis of the project area with the s ubmission of project improvement plans. The project will be constructed per the appropriate sections of the curr ent California Building Code such that it is highly unlikely that it will be subject to seismic-rela ted ground failure or liquefaction. As such, a Less Than Significant Impact is expected for this project.

d,e) No Impact. The site is relatively flat with some variable vegetation, and the proposed project will be in a location where the potential for landslides, soil erosion or the loss of topsoil as a result of this project will be a very low to remote possibility due to the flat topography of the site. Therefore, the development of this project will have No Impact.

f) Less Than Significant Impact . The project site is not located on a geologic unit or soil that is considered unstable or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. Construction of this project will be required to meet applicable requirements of the current California Building Code based upon the appropriate seismic standards with the conformation based on the required soils analysis. In addition, the standard conditions of project approval will require that a qualified professional geotechnical engineer perform on-site monitoring of all grading and excava tion activities on the project site. Based on this information, this project will have a Less Than Significant Impact.

g) Less Than Significant Impact. The City of Ceres and the current California Building Code will require a soils analysis of the project area with the submission of project improvement plans. The project will be constructed per the appropriate sections of the current California Building Code such that it is highly unlikely that the project would create substantial risks to life or property. As such, this results in a Less Than Significant Impact.

h) No Impact. The proposed project will be required to connect to the City of Ceres sewer system. Therefore, this will result in No Impact.

i) No Impact. The project site has no known unique paleontological resource or geologic feature. Therefore, it is anticipated that it is highly unlikely that the project would destroy su ch resource or feature. This results in No Impact.

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VIII. GREENHOUSE GAS EMISSIONS

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?

b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?

Comments:

a) Less Than Significant Impact. The development of this project has the potential to generate greenhouse gas emissions resulting from transportation sour ces (i.e. cars) normally accustomed from such development, directly or indirectly. It is unknown as to what the extent of these impacts would be as a result of the project. However, it is expected that the project’s contribution of greenhouse gas emissions will most likely be insignificant as the project is a small commercial project and is not expected to significantly increase regional traffic. The project also includes the construction of sidewalk improvements to encourage the public to use alternative forms of transportation. Upon the completion of the sidewalk improvements for this project and other development projects on the adjoining parcels to the east and west of the subject site, it is assumed that such improvements will in turn help reduce the number of trips made by cars in the Ceres community. As such, since the project meets the spirit of the intent in its design to reduce these impacts, this is considered as a Less Than Significant Impact.

b) Less Than Significant Impact. The City has no specific policies that directly relate to reducing greenhouse gas emissions currently. However, the San Joaquin Valley Air Pollution Control District has guidelines known as Best Performance Standards, which is a list of greenhouse gas emission reduction measures that are the most effective achieved-in-practice means of reducing or limiting greenhouse gas emissions from a greenhouse gas emissions source and can be utilized to address impacts per the California Environmental Quality Act (CEQA). For projects such as the proposed commercial development, Best Performance Standards focus on measures that impr ove energy efficiency and those that reduce vehicle miles traveled.

The developer will be able to incorporate these standard s into the proposed project; therefore, this is considered as a Less Than Significant Impact.

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IX. HAZARDS AND HAZARDOUS MATERIALS

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Create a significant hazard to the public or the
environment through the r outine transport, use, or
disposal of hazardous materials?

b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?

c) Emit hazardous emission s or handles hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?

d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?

e) For a project located within an airport land use plan or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in a safety hazard or
excessive noise for people residing or working in
the pro
ject area?

f) Impair implementation of or physically interfere with an adopted emergency response plan or
emergency evacuation plan?

g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involvin
g wildland fires?

Comments:

a,b) Less Than Significant Impact. The proposed project is for the construction of 3 commercial buildings.

During the construction phase of the project, the si te may have some fuels and materials that could be considered hazardous, but these are temporary and would only be on-site during the construction of the project. However, once constructed, it is anticipated the project will not involve t he routine transport of hazardous materials nor is it anticipated to release any hazardous materials under accident conditions as none are expected to be present. Therefore, this project will have a Less Than Significant Impact.

c) No Impact. The nearest existing schools to the project site include: Sam Vaughn School, approximately 2,800’ south of the project area and Virginia Parks School, approximately 4,900’ northwest of the project area. Although during the construction phase the si te may have some fuels and materials that could be considered hazardous, these are temporary and would onl y be on-site during the construction. However, it is anticipated this project will not manufacture or store any hazardous materials. As a result, the development of this project will have No Impact.

d) No Impact. The project site is not listed as a hazardous materials site pursuant to Government Code Section 65962.5 and therefore, will have No Impact.

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e) Less Than Significant Impact. The proposed project is within t he Stanislaus County Airport Land Use Plan and is approximately 4,900 +/- feet southeast of the Modesto City/County Airport’s main runway. There are air strips within the area where there is the potential of excessive noise for the people working in the project area from aircraft arriving and departing the Airport. Howe ver, as the flights from this airport are infrequent, it is anticipated that the development of this project will not create an impact for the people who work within the project area. Furthermore, noise from overflights is furt her reduced as the buildings will be constructed pursuant to the requirements of the California Build ing Code, which provides some level of noise attenuation. As such, this will be a Less Than Significant Impact.

f) Less Than Significant Impact. The City prepared an Emergency Operations Plan in 2004 which addresses earthquake, fire, technological disaster, toxic spills, flooding and dam failure related emergencies and included responses from fire/rescue and law enforcement personnel. The project area is located 4,650 +/- feet northeast of the City of Ceres Fire Station # 4. The project area is already served by the Ceres Police and Fire Department operations. The design of the projec t is such that it will not physically interfere with emergency service vehicles accessi ng the site and will have direct acce ss to Hatch Road via an existing traffic signal at Boothe Road. Development of this project will have a Less Than Significant Impact on the implementation of the City’s Emergency Operations Plan.

g) Less Than Significant Impact. The project area is within a developing urban environment for commercial type uses and is bordered by Hatch Road and single-family homes to the south, a golf course and some large lot single-family homes to the north, River Blu ff Regional Park to the east, with existing vacant commercial land and commercial development to the west. As this project site is generally surrounded by development, it is highly unlikely the site will be subjected to wild land fires. As such this project will have a Less Than Significant Impact.

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X. HYDROLOGY AND WATER QUALITY

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or ground water quality?

b) Substantially decrease groundwater supplies or
interfere substantially wi th groundwater recharge
such that the project may impede sustainable
groundwater management of the basin.

c) Substantially after the existing drainage pattern of the site or area, including through the alteration of
the course of a stream or river or through the
addition of impervious surfaces, in a manner which
would:

(i) Result in substantial erosion or siltation on- or
off-site?

(ii) Substantially increase the rate or amount of
surface runoff in a manner which would result
in floodin
g on- or off-site?

(iii) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff?

(iv) Impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?

e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater
mana
gement plan?

Comments:

a-c,i-iv) Less than Significant Impact with Mitigation . The construction of the site improvements (i.e. construction of parking area and the buildings) will reduce absorption rate s and increase surfac e water runoff. Final drainage designs will be required to comply with City Standards and will be reviewed and approved by the City Engineer. Any increased runoff shall be mi tigated as required by t he Engineering Services Department. The perimeter of the development will also be required to be protected against surface runoff from adjacent properties in a manner acceptable to the Engineering Services Department. The development of the commercial project is not expect ed to decrease water supplies or degrade water quality as no hazardous materials will be manufactured or stored on-site, and water run-off will be directed to an on-site storage system.

Additionally, Flood Insurance Rate Map (FIRM) Community-Panel Number 06099C0560E which was revised on September 26, 2008, indicates that only a minor portion of the City of Ceres is within the 100- year flood-plain, which is adjacent to the Tuolumne Ri ver. Much of the City is classified Zone X, which are areas determined to be outside 100-year flood-plain. The project site is located approximately 1,300 +/- feet south of the Tuolumne River and is completely within Zone X. It is expected that the proposed buildings for the project will not impede or redirect flood flows as they will be positioned outside of the designated 100-year flood-plain hazard area.

ITEM 7

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Furthermore, the project requires a National Polluta nt Discharge Elimination System (NPDES) permit, issued by the Regional Water Quality Control B oard (RWQCB), and compliance with Best Management Practices (BMPs) during the construction and operation of the project. The project shall be designed to incorporate Low Impact Development (LID) design parameters, as well as include a Storm Water Pollution Prevention Plan (SWPPP) to reduce the discharge of pollutants to the maximum extent feasible.

Mitigation Measure

MM X-1 As a required condition of project approval, t he applicant shall be required to submit a Best Management Practices (BMP) program for review and approval by the City Engineer. The BMP program shall consist of, but not be limit ed to, the following measures during all phases of project construction:

 Gathering of all construction and other debris daily and placing it in a dumpster or other container which is emptied or removed on a w eekly or as needed basis. When appropriate, use of tarps on the ground to collect fallen debris or splatters that could contribute to storm water pollution runoff.

 Removal of all dirt, gravel, rubbish, refuse, and green waste from the street pavement and storm drains adjoining the site. Limitation of construction access routes onto the site and placement of gravel on them, and if necessary, washing the wheels of vehicles prior to leaving the project site. Not driving vehicles and equipment off paved or graveled roads during wet weather. “Broom sweep” of the street pavement adjoining the project site daily.

Scraping of caked-on mud and dirt from these areas before sweeping.

 Installation of filter materials (such as sandbag s, filter fabric, etc.) at the storm drain inlet nearest the downstream side of the project site in order to retain any debris or dirt flowing in the storm drain system. Filter materials will al so be placed around each jobsite. Maintaining and/or replacing filter materials to ensure effectiveness and to prevent street flooding.

 Creating a contained and covered area on the si te for the storage of bags, cement, paints, oils, fertilizers, pesticides, or other materials used on the site that have the potential of being discharged into the storm drain system through being windblown or in the event of a material spill.

 Never cleaning machinery, equipment, tools, br ushes, or rinsing containers into a street, gutter, or storm drain.

 Ensuring that concrete/gunite supply trucks of concrete/plaster operations do not discharge wash water into street, gutters, or storm drains.

Timing/Implementation: Prior to issuance of any grading permit or building permit.

Enforcement/Monitoring: City of Ceres Pub lic Works Department & Engineering Services Department

Implementation of the above Mitigation Measure will reduce potential pollution impacts to the City’s storm drainage system to a Less Than Significant level.

d) No Impact. The site is approximately 1,300 +/- feet south of the Tuolumne River and is not likely to experience a seiche, tsunami or mudflow. As such, this project will have No Impact.

e) No Impact. The project will not conflict with or obstruct implementation of the City’s water quality control plan. As such, this project will have No Impact.

ITEM 7

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XI. LAND USE AND PLANNING

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Physically divide an established community?
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?

Comments:

a) Less Than Significant Impact. Although the developer proposes to subdivide the property into three parcels, the site will maintain its current comme rcial general plan designation with a change in zoning modification from “mixed use” to “community commerc ial” zoning, thereby allowing the parcels to be developed with commercial buildings. That said, the existing zoning designation of mixed use, under the Mitchell Road Corridor Specific Plan, does allow fo r the development of commercial uses. However, the zoning change from mixed use to community commercial not only makes the project site consistent with the General Plan, it also allows a broader range of commer cial uses that could occ upy the buildings when this project is developed. The existing gated access to River Oaks Golf Course and the large lot single-family homes north of the project site will remain and will not be impacted by the construction of the proposed project as the commercial development will have direct access to Hatch Road at the existing traffic signal at Boothe Road. Development of the project will entail dedication and improvements to the public right-of-way on Hatch Road, and a future connection to Boothe R oad at the project site. The proposed project will therefore improve road circulation as the new development will allow re sidents of the golf course access to the signal at Boothe Road and woul d therefore not physically divide an established community as the existing access remains the same. Therefore, the project will have a Less Than Significant Impact.

b) Less Than Significant Impact. The project site is currently undeveloped, and is designated “CC, Community Commercial” under the City’s General Plan. The proposal requires the approval of a vesting tentative parcel map to subdivide the property into three parcels and for the architectural review for the commercial buildings. The proposed parcel split and the construction of the commercial buildings would be authorized under the Mitchell Road Corridor Specific Plan and can be approved with the requested entitlements.

Furthermore, the site falls under a portion of the Stanislaus County Airport Land Use Plan and Stanislaus County is the responsible agency and will have an opportunity to review this project and comment accordingly. As such, approval of the vesting te ntative parcel map and the specific plan site plan entitlement will have a Less Than Significant Impact.

ITEM 7

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XII. MINERAL RESOURCES

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?

b) Result in the loss of ava ilability of a locally important mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?

Comments:

a,b) No Impact. The development of this project would not result in the loss of availability of any known mineral resources or resource recovery site as none are ident ified in the General Plan or the General Plan EIR.

Therefore, this project will have No Impact.

XIII. NOISE

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project result in:

a) Generation of substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?

b) Generation of excessive groundborne vibration noise
levels?

c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted within two miles of a public airport or public use airport, would the project expose people
residing or working in the project area to excessive
noise levels?

Comments:

a) Less Than Significant Impact . Currently, the project area is currently undeveloped, which has low ambient noise levels. After construction of the propo sed project, there will be an increase in the ambient noise levels from vehicles entering and exiting the project site; however, this increase is insignificant, as the permanent source of noise from this devel opment is not expected to exceed the standards established in the Ceres General Plan. Furthermore, th is project site is located adjacent to Hatch Road, which is designated as an expressway in the Ceres General Plan and carries a speed limit of 55 MPH in the area of the project site and as a result in its existing condition the parcel is subject to roadway noise.

Therefore, the development of the project will have a Less Than Significant Impact.

b) Less Than Significant Impact with Mitigation . Noise from construction activity has the potential to impact neighboring properties during the construction phase. There are existing residences to the west and south, and recreational facilities to the north and east of the project area. These developments may be ITEM 7

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subject to temporary groundbourne vibration noise (i.e . from truck deliveries) during the construction phase of the project. However, all construction activities will be temporary and limited to the hours permitted by the Ceres Municipal Code.

Mitigation Measure

MM XIII-1 As required in the Ceres Standard Conditions of Project Approval, the project’s contractor shall be required to limit construction hours from 7:00 a.m. to 8:00 p.m.

Timing/Implementation: Prior to construction activities.

Enforcement/Monitoring: City of Ceres Pl anning and Building Division, Public Works & Engineering Services Department.

Implementation of the above Mitigation Measure would reduce the impact of temporary noise to Less Than Significant.

c) Less Than Significant Impact. The proposed project is within t he Stanislaus County Airport Land Use Plan and is approximately 4,900’ or 0.93 +/- miles southeast of the M odesto City/County Airport. The development of this commercial project may have a mi nor impact for people who work in the project with any noise associated with aircraft arriving or departi ng the Modesto City/County Airport. However, the impact would be considered less than significant as the flights from this airport are infrequent. Existing residential and commercial developments within the su rrounding area are already subjected to operations at the Modesto City/County Airport, and the project will not alter this existing consequence. Interior noise levels for this project will meet the currently adopted California Building Code standards, and there are no private air strips within the area. As su ch, the development of this project will have a Less Than Significant Impact.

XIV. POPULATION

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through the extension of roads or other infrastructure
)?

b) Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housin
g elsewhere?

Comments:

a) Less Than Significant Impact. The development of this commercial pr oject will increase the number of jobs within the City, and it is anticipated that it may create some increase in residents for the City. However, any increase in residents generated as a result of this project would be considered as less than significant as such increase is anticipated in the 2035 General Plan Update. Additionally, there won’t be any extension of roads to this area, but dedication and improvements to right-of-way on Hatch Road and a future connection of Boothe Road at the project site. This project will have a Less Than Significant Impact.

b) No Impact. Construction of the project will not require the removal of any residential dwelling units.

Therefore, this project will have No Impact.

ITEM 7

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XV. PUBLIC SERVICES

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response time or other performance objectives for any of the public services:

a) Fire protection?
b) Police Protection?
c) Schools?
d) Parks?
e) Other public facilities?

Comments:

a,b) Less Than Significant Impact. The project will not have a significant impact to the City’s Emergency Services operations. The City of Ceres Police Departm ent is dispatched from its station located at 2727 Third Street, while the City is served by four Fire St ations. The project site is approximately 2.37 +/- miles northeast of the Police Station and 4,650 +/- feet northeast of Fire Station # 4, which would serve the project site. The development of this commercial project will require the buildings to include appropriate fire safety features. Additionally, the app licant will be required to pay City of Ceres Public Facility Fees with regards to its proportional fair share to Police and Fire services. This is expected to be a Less Than Significant Impact.

c) Less Than Significant Impact. The project site is located within the boundaries of the Ceres Unified School District (CUSD) and the pr oposed commercial development will not dire ctly create an impact to the CUSD, as no residential units are proposed. The applicant will be required to pay fees for this commercial use to the CUSD prior to the issuance of any building permits and will pay the fee in place when those permits are issued. The development of this project will have a Less Than Significant Impact.

d) No Impact. The development of this commercial project will place no demand on the City’s park system, as no residential units will be constructed. Section 17. 34 of the Ceres Municipal Code does not require the payment of in-lieu fees or the dedication of land for commercial development such as the proposed project.

Therefore, the commercial development will have No Impact.

e) Less Than Significant Impact . The development of this commercial project will not place a significant demand on other public facilities. As discussed a bove, this project will be re quired to pay Public Facility Fees and as such, will have Less Than Significant Impact.

ITEM 7

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XVI. RECREATION

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?

b) Include recreational facilities or require the construction or expansion of recreational facilities that might have been an adverse physical effect on the environment?

Comments:

a) Less Than Significant Impact . The proposed project could indirectly lead to an increase in the use of existing neighborhood or recreational facilities (i.e. Rive r Bluff Regional Park) due to increased visitors to the project area. The potential increase to City population due to the project is expected to be minor.

Potential degradation or increased impacts to existing parks and recreational facilities is anticipated to be a Less Than Significant Impact.

b) No Impact. The proposed project will not require the cons truction of new recreational facilities and will not require the expansion of such facilities. Therefore, this project has No Impact.

ITEM 7

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XVII. TRANSPORTATION

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Conflict with a program plan, ordinance, or policy
addressing the circulation sy stem, including: transit, roadway, bicycle and pedestrian facilities?

b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?

c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment
)?

d) Result in inadequat e emergency access?

Comments:

a) Less Than Significant Impact. This project will not conflict with an y program plan, ordinance, or policy addressing the circulation system and the project has included design features to improve traffic flow into the site. The proposed project will have direct ac cess to Hatch Road via an existing traffic signal at Boothe Road. Furthermore, the existing access to River Oaks Golf Course remains in its current location and should not be affected by the development of this project. Additionally, there is an access gate on the west end of the proposed project that will allow residents that live along Golf Links Drive access to the signal at Boothe Road through this project so that they may be able to travel east bound on Hatch Road.

Therefore, a Less Than Significant Impact is anticipated.

b) Less than significant Impact . The project, as designed, will not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b). Proposed commercial uses at the project site are not expected to result in net increase to vehicle m iles traveled. The project site will be used for local commercial purposes. The project is expected to add local commercial and retail opportunities and improve retail destination proximity. The project also includes the construction of sidewalk improvements to encourage the public to use alternative forms of transportation. Therefore, it is anticipated that this is a Less Than Significant Impact.

c,d) Less Than Significant Impact. As emergency access for this proposed development will be reviewed by the Ceres Fire Department, it is ant icipated that the Fire Department will require design features to be incorporated into the project to ensure adequate emergenc y access is achieved for this project. This will be addressed through the conditions of approval as sociated with the project, which results with a Less Than Significant Impact.

ITEM 7

City of Ceres – Planning and Building Division Page 23
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XVIII. TRIBAL CULTURAL RESOURCES

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Cause a substantial adverse change in the
significance of a tribal cultural resource, defined
in Public Resources Code Section 21074 as either
a site, feature, place, cultural landscape that is
geographically defined in terms of the size and
scope of the landscape, sacred place, or object
with cultural value to a California Native American
tribe, and that is:

(i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
Register of historical resources as defined in
Public Resources Code Section 5020.1(k)?

(ii) A resource determined by the lead agency, in
its discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1. In applying the criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1, the lead agency shall
Consider the significance of the resource to a
California Native American tribe?

Comments:

a–i & ii) Less Than Significant Impact . It is highly unlikely that the prop osed project would have a substantial adverse change in the significance of a tribal cultural resource as there are no known tribal cultural resources located on the site and there are no specif ic sites identified in the Ceres General Plan 2035 document as having tribal cultural resource s. As such, this is expected to be a Less Than Significant Impact.

ITEM 7

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XIX. UTILITIES AND SERVICE SYSTEMS

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunication facilities, the construction or
relocation of which could cause significant environmental effects?

b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development
durin
g normal, dry and multiple dry years?

c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to se rve the project’s projected demand in addition to the provider’s existing
commitments?

d) Generate solid waste in excess of state or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of solid waste reduction
goals?

e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?

Comments:

a) Less Than Significant Impact. Although this project will require the in stallation of new utility services such as: water, sewer, gas, electrical, and storm drainage, it is not expected that the construction of these improvements would cause significant environmental effe cts for the site or surrounding area. As such, this is expected to be a Less Than Significant Impact.

b) Less Than Significant Impact. The City currently does have suffici ent water supplies to serve the project and it is anticipated that the City will continue to main tain sufficient water supplies in the future for this project and future development during multiple dry years. As a result, this is considered to be a Less Than Significant Impact.

c) Less Than Significant Impact . The proposed project is not expec ted to generate sizeable amounts of wastewater beyond what is norma lly associated with commercial development. Services (e.g. water and sewer) will need to be extended from the street to the site. The project will be subject to payment of the City’s Public Facility Fees which fu nd the project’s pro-rata share of water and sewe r capital facilities.

This is expected to be a Less Than Significant Impact.

d,e) Less Than Significant Impact . The proposed project will result in additional solid waste generation, but it is not expected to generate sizeable amounts of solid waste beyond what is normally associated with commercial development or in excess of state or local standards. The existing landfill serving the City has adequate capacity to serve this project. Therefore, this is expected to be a Less Than Significant Impact.

ITEM 7

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XX. WILDFIRE

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

a) Substantially impair an adopted emergency response plan or emergency evacuation plan?

b) Due to slope, prevaili ng winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?

c) Require the installation or maintenance of associated infrastructure (such as: road s, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?

d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a
result of runoff, post-fire slope instability, or drainage changes?

Comments:

a-d) No Impact. As the proposed project is not located in or near lands that are classified as very high fire hazard severity zones, this proposal will have No Impact with respect to addressing issues associated with wildfires.

ITEM 7

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XXI. MANDATORY FINDINGS

OF SIGNIFICANCE

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact
a) Does the project have t he potential to substantially degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate
important examples of the major periods of California
histor
y or prehistory?

b) Does the project have impacts that are individually
limited, but cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a
project are considerable when viewed in connection with the effects of past projects, the effects of other current pro
jects, and the effects of probably future projects)?

c) Does the project have env ironmental effects which will cause substantial adverse effects on human beings,
either directly or indirectly?

Comments:

a) Less than Significant with Mitigation Incorporated . The proposed project would allow a commercial development for retail uses on the project site and in volve earthmoving during the grading and construction of the site. This project site is not expected to have any subterranean archaeological resources or human remains. With the implementation of mitigation me asures, the proposed project will not degrade the quality of the environment, result in an adverse impact on fish , wildlife, or plant species including special status species, or prehistoric or historic cultur al resources. Therefore, this will be Less Than Significant With Mitigation Incorporated. See MM III-1 (Air Quality), MM V-1 (Cultural Resources).

b) Less Than Significant With Mitigation Incorporated. During the construction phase of this project, the site will be graded, which could create particulate matter, in the form of dust t hat enters the atmosphere. With the implementation of Mitigation Measure MM III-1, the construction phase of the project would be required to meet the policies of San Joaquin Valley Air Pollu tion Control District. As such, this impact will be Less Than Significant With Mitigation Incorporated. See MM III-1 (Air Quality).

c) Less than Significant with Mitigation Incorporated. Development of the project has the potential to adversely impact human beings, either directly or indirectly. However, with the implementation of mitigation measures included, these impacts will be effectively mitigated to a less than significant level. As such, this impact will be Less Than Significant With Mitigation Incorporated . See MM III-1 (Air Quality), MMV-1 (Cultural Resources), MM X-1 (Hydrology and Water Quality), MM XIII-1 (Noise).

Please direct all agency comments on this Initial Study to:

James Michaels, Senior Planner
City of Ceres Planning and Building Division
2220 Magnolia Street
Ceres, CA, 95307

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Supplement to Objection to Proposal for Rezoning of Property Located at the Northeast Corner of East Hatch Road and Golf Links Drive and Appeal of the Planning Commission's Decision to Approve Vesting Tentative Parcel Map and a Specific Plan Site Plan
Meeting Date: February 14, 2022
To: Mayor and City Council
From: Ken Thornberry, principal at River Oaks Golf Course and Events Center, Inc., a California corporation ("Appellant")
Contact: Eric D. Capron, Esq.

Eric.Capron(5)berliner.com
(209) 576-0111
Subject: Hearing set for February 14, 2022, continued from June 22, 2020 hearing date at the request of applicant. Public Hearing for the City Council to consider a proposal for a Rezoning of the property located at the northeast corner of East Hatch Road and Golf Links Drive to modify the existing "MX-2, Mixed Use - 2" zoning designation to a "CC, Community Commercial" zoning designation within the Mitchell Road Corridor Specific Plan, and to consider an appeal of the Planning Commission's decision of approving a Vesting Tentative Parcel Map and a Specific Plan Site Plan entitlement involving the subdivision of a 2.16-acre commercial zoned site into three parcels with a new commercial building proposed for each parcel.

Relief Sought: The Council should reject Applicant's proposal to rezone the Subject Property, grant Appellant's appeal of the Planning Commission's decision and remand matter back to Planning Commission for consideration under existing zoning. Alternatively, the Council should continue this matter for 6 weeks and require Applicant to respond to the outstanding issues identified in this Objection and Appeal.

This Objection and Appeal are provided as supplements to the initial appeal filed by Appellant on March 6, 2020, following the Planning Committee's decision on March 2, 2020. The initial hearing was set for June 22, 2020, but continued at the request of Applicant to July 27, 2020.

The July 27, 2020 hearing was later continued at the request of Applicant to January 25, 2021.

The January 25, 2021 hearing was continued, at the request of Appellant to April 26, 2021. The 4894-1519-6941V1
ECAPRON\29610001
ITEM 7
April 26, 2021 hearing was continued to November 8, 2021, by stipulation of the parties due to a vacant seat on the City Council. The November 8, 2021 hearing was continued to February 14, 2021 at the request of the City of Ceres.

I. BACKGROUND:

River Oaks Golf Course and Events Center, Inc., a California Corporation ("ROGC") has been a part of the Ceres community for over forty (40) years. Developed in 1978 by Jim Phipps, ROGC is a public golf course that has been providing recreational golf to our community for decades.

Until 2015, ROGC was owned and operated by the Phipps family, and included the acreage currently owned by Applicant at the southern end of the driving range, prior to being split off.

In 2015, a lot line adjustment was granted that created parcels 039-047-014 and -015 ("Subject Property")/ which are the subject of this Application. Following that lot line adjustment, ROGC and the ROGC property were sold to the current owners ("Appellant") and lots -014 and -015 were sold to Surgit Singh and Ranjeet Talwana ("Applicants"). It is important to note, the Applicant acknowledged in a property disclosure that the subject property was subject to golf balls landing on it.

Appellants' Purchase and Improvement of ROGC
Prior to purchasing ROGC in 2015, Appellant conducted significant due diligence into the zoning of the surrounding areas and the possibility of additional future development of the parcels that fronted on Hatch Road, including the Subject Property. At that time, the Subject Property and surrounding areas were zoned "MX-2, Mixed Use -2" and the General Plan indicated that the ROGC parcels and the Subject Property were designated as "CR - Commercial Recreation" ("CR Designation") and had been since the mid 1990's.

The CR Designation was a key factor in Appellant's determination to purchase ROGC and to invest significant time, money and effort into that business. The CR Designation "applies to the use of land for publicly and privately operated recreational uses, including golf courses, arcades, miniature golf courses, amusement parks, and sports complexes. Supporting and accessory uses such as single and multi-family dwellings, clubhouses, restaurants, specialty retail sales, and hotels and motels may be permitted by discretionary approval. The maximum FAR is .2" (emphasis added).

In short, in 2015, all of the available information supported a conclusion that ROGC was a viable operating business in an area that Ceres had designated as appropriate for the continued operation of a community golf course. In reliance on that zoning and Plan designation.

Appellant purchased ROGC and began improving the facilities and expanding the services offered to the community. At present, it gives all of the high schools, Modesto Junior College and Stanislaus State reduced fees to practice for all of their golf teams, which include the use of the driving range. In early 2016, shortly after the purchase, ROGC applied for and obtained city approval of three improvement projects: (1) construction of a hospitality tent, (2) expansion of 4894-1519-6941 v1
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the parking lot, and (3) construction of an outdoor amphitheatre. ROGC observed the proper procedures for these projects, including giving notice to the public and providing opportunity for neighbors to express any concern or opposition.

In the six years that Appellant has owned and operated ROGC, the golfing facilities have been not only maintained but significantly improved. Additionally, community attendance and participation have increased at a time that other similar facilities are struggling to maintain membership and continue operations. While courses in Stevenson and Patterson closed in 2016 and 2019, ROGC is in a better financial position than it was when the business changed ownership in 2015.

Applicants' Development Efforts
In contrast to ROGC's steady and measured improvements. Applicants appear to have engaged in aggressive development plans and discussions with city staff and planning after purchasing the Subject Property in 2015 (see Staff Report, page 4). While ROGC took steps to ensure that the ROGC property would continue to be used in a manner consistent with existing zoning and General Plan designations, Applicants proposed a high-density commercial project that could not be pursued without significant changes to the existing zoning and which is fundamentally inconsistent with the surrounding properties.

Applicants were assisted in these efforts by a lucky coincidence that Ceres was revisiting its General Plan at the same time that Applicants were working to push through this development.

In July 2017, Applicants submitted their initial development proposal and shortly thereafter submitted a request through the City's General Plan Update process to have the General Plan designation changed for Applicants' parcels from "CR, Commercial Recreation" to "CC, Community Commercial" (see Staff Report, page 4).

From the information available, it appears that a significant number of property owners, including Applicants and the owner of the parcel immediately to the west of the Subject Property, took advantage of the opportunity to "pick their preferred plan designation" and that all but one of those requests were rubber-stamp approved in a joint meeting of the City Council and Planning Department on October 30, 2017. Appellant did not receive notice of Applicants' request for a change to the General Plan, nor was he given an opportunity to voice his concerns and oppose that change.

Unlike Commercial Recreation, the Community Commercial designation is not consistent with a neighboring golf course. The CC-Community Commercial designation "applies to the use of land for a full range of retail and service uses, including retail stores, food and drug stores, apparel stores, specialty shops, motor vehicles sales and services, home furnishings, real estate offices, restaurants, hotels/motels, and other similar uses that serve a community-wide market.

Maximum FAR is .5." If zoned as "CC", the Subject Property will be developed with a densely packed set of 18 store fronts, where only five to six would be permitted under existing zoning. 4894-1519-6941v1
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It is also anticipated that, if Applicants' request is approved, a similar high-density commercial development will be proposed on the parcel located to the west of the Subject Property.

A review of the Staff Report and Recommendation (dated March 2, 2020), makes clear that the recommendation to approve the application is based almost entirely on the fact that the post- 2018 General Plan designates the Subject Property as "CC" and that the proposed project fits the goals and objective of a "CC" designation. What is not as clear, without careful review, is that the "CC" designation for the Subject Property in the General Plan is not a result of a thoughtful process that considered all of the perspectives of neighboring property owners, but rather resulted from a self-serving request from the owners of the Subject Property who want to maximize their return on investment through a project that is not consistent with the prior General Plan or with the foreseeable use of the neighboring parcels.

Planning Department's Approval of the Plan
On March 2, 2020, the Planning Department heard testimony from the Applicants, the Appellant, and numerous neighbors and interested citizens, the majority of whom discussed their concerns with the proposed project. A petition was submitted in support of ROGC's position, which contained approximately three hundred and twenty-five (325) signatures.

Despite significant opposition to the project from neighboring property owners, the Planning Commission approved the application in a 4-1 vote, based primarily on its conclusion that the application is consistent with the General Plan designation of "CC, Community Commercial".

II. The Council's Decision Should Reflect Long Term Goals The General Plan is an expression of the City's desired use for properties and should reflect the priorities and long term goals of the City for each property reflected. By contrast, zoning ordinances outline the existing allowances and guidelines permitted for each property. In 2015, Ceres' General Plan consistently provided that all of the subject parcels were zoned MX-2 with a general plan designation of "CR", which accurately reflected not only the existing uses of those properties but also signaled Ceres' endorsement of the continuance of that use.

Applicants (as well as the owner of the neighboring parcel to the west) changed the General Plan designation for the Subject Property to "CC", in an abbreviated process that did not adequately consider the impact of this change on neighboring properties, including ROGC.

Applicant's request for rezone and the instant appeal effectively bring this issue to a head and require that the City Council consider its priorities in making this ruling. Appellant submits that the continued operation of ROGC will be severely impacted if the request for rezoning is approved and the proposed project goes forward, as will be discussed more fully below. Simply put, a high density commercial development, like the one proposed by Applicants, is fundamentally inconsistent with the continued operation of ROGC. 4894-1519-6941V1
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III. ROGC's Objections to Request for Re-Zone and Proposed Project ROGC has four fundamental objections to Applicant's request for re-zoning and to the project, as it is proposed:
1) The project creates significant liability to the Applicants, Appellant and the City by inviting the public onto a property that has a significant likelihood of being struck by errant golf balls, which was a disclosed fact to the Applicant BEFORE Applicant purchased the property;
2) The request for re-zone increases this potential liability by allowing a higher density development on the Subject Property which is likely to result in more foot traffic and parked vehicles than would be the case if the project was designed under the regulations for MX-2 or CR.
3) The application is premised on several mis-statements of fact that must be addressed by the Applicant before appropriate consideration can be given the application. 4) The Council should consider the application in the context of a "gateway project" which, if granted, will likely lead to similarly dense development proposals on the neighboring parcel to the west and which would further impact ROGC.

1. The project creates significant liability to the Applicants, Appellant and the City by inviting the public onto a property that has a significant likelihood of being struck by errant golf balls In 2015, Applicants purchased the Subject Property, which is situated at the receiving end of ROGC's driving range. Applicants were clearly aware of the golf course, the driving range, and that the Subject Property was zoned MX-2 in an area designated as Commercial Recreation in the General Plan. Despite that awareness, Applicants have proposed a project that will include 18 storefronts in a densely packed development, that requires a zoning change to move forward.

Liability from errant golf balls is a significant concern for any golf course and should be for the City. While insurance is not inherently expensive for this coverage, the cost of premiums increases significantly after just one claim and can become prohibitively expensive after just a couple of claims. Golf courses are commonly situated in areas with little foot and vehicular traffic for just this reason. In fact, Ceres itself seems to be well aware of this potential liability and has historically made reasonable decisions to minimize that liability in its own projects, as shown in the example below.

In 2004, Ceres owned the property immediately to the east of ROGC's driving range and determined to develop that property as a community park with soccer fields (a use consistent with the zoning and neighboring properties). Ceres' initial proposal included two soccer fields to be situated adjacent to ROGC's driving range, one at the north end and one at the south end.

In the process of proposing that development, it was correctly determined that the north field involved limited exposure, but that the southern field was almost certain to result in injury from 4894-1519-6941v1
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errant golf balls. Rather than insist on its initial development plan, Ceres modified its plans to minimize the risk to park visitors, and used the southern portion of the park property as a large storm drainage basin rather than a second soccer field. City and ROGC further agreed to take appropriate steps in hiring a golf expert to determine the appropriate height, length and location of a fence and netting along the east edge of ROGC's driving range. City then paid for that barrier and ROGC maintains it, in order to further minimize the likelihood of injury. ROGC regularly removes dozens of errant golf balls from the storm drainage basin, despite the protective fence and netting (see Settlement Agreement and Mutual Release, attached as Exhibit "A").

Applicants' proposed project is really just another "southern soccer field" that creates significant risk to Applicants' invitees which might otherwise be minimized or avoided in the context of a more appropriate project to the area.

When ROGC raised concerns about the liability associated with the project, Applicants' representative indicated that the liability could be addressed by adding both Appellant and the City as "additional insureds" on Applicants' insurance policy. This concern was also discussed at the March 2 meeting of the Planning Commission and several possible solutions were raised, including a requirement that a deed restriction be included when the map is created (see Planning Commission Meeting Minutes, March 2, 2020, page 9). Notwithstanding that discussion, no such protections related to insurance were included in Resolution No. PC 20-12 as recorded on April 16, 2020.

Appellant has raised this concern with the insurance providers for ROGC who have recommended the following minimum protections be put in place:

A) All developers, property owners (current and future) and tenants (along with any other parties responsible for the development and operation of the new project) shall name ROGC as additional insureds on their respective liability policies, which should specifically include coverage for errant golf balls;
B) All developers, property owners (current and future) and tenants (along with any other parties responsible for the development and operation of the new project) shall execute waivers of subrogation and indemnity agreements, specific to potential liability from errant golf balls, to the benefit of ROGC.

C) That maintenance of such policies be a condition for current or future owner's operation of the project and for any tenant to conduct business at the Subject Property.

D) Minimum liability limits for this specific risk should be at least $2,000,000 per occurrence and $3,000,000 aggregate.
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E) All of these terms to be incorporated into an enforceable agreement between Ceres, the Applicant and the Appellant (a proposed draft of this agreement is attached as an Exhibit hereto).

Appellant points out that, even with these protections in place, this project significantly increases ROGC's risk in the context of either: (i) repeat claims for property damage or (ii) a single incident resulting in catastrophic liability. In the context of catastrophic liability, there is a good chance that Applicants, Appellant and City will all be named as co-defendants, particularly if there is insufficient insurance coverage.

Finally, the Council should consider the likely fate of this project if there are multiple claims on insurance for errant balls that result in the cost of insurance becoming prohibitive after the project is complete. If insurance is a condition of operation (as it certainly should be), multiple claims will increase operating costs for ROGC as well as the owners and tenants of the Subject Property. The requirement that owners and tenants carry appropriate insurance will likewise increase their cost (perhaps significantly) and make it more difficult to maintain occupancy.

2. The request for re-zone increases this potential liability by allowing a higher density development on the Subject Property which is likely to result in more foot traffic and parked vehicles than would be the case if the project met the criteria for MX-2 or CR.

As noted above, if Applicants' request for re-zone is denied. Applicants' development must conform to the MX-2/CR zoning limitations that are currently in place (and which are appropriate to the surrounding properties and conditions). While Appellant does not believe a commercial development is wise on the Subject Property, Appellant acknowledges that Applicants are within their rights to develop the Subject Property under the current zoning standards.

If Applicants' request for a zoning change is granted over Appellant's objection, however, any resulting liability to the patrons of Applicants' project should be allocated to Applicants and City, and not to ROGC or the owners of the ROGC Property. Approval of Applicants' request for re-zone should be seen for what it is: approval of the increased risk over what would otherwise be the case if the request for re-zoning were not approved and a more appropriate project pursued.

3. The application is premised on several mis-statements of fact that must be addressed by the Applicants before appropriate consideration can be given the application.

Applicants or their representatives have made the following representations in support of the application which are either unsupported, or are not accurate:

A) Condition of Existing Net - In Applicants' presentation to the Planning Commission, Applicants' representative indicated that the existing net between 4894-1519-6941V1
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ROGC and the Subject Property has holes in it and that the holes are the reason that golf balls are landing on the Subject Property, stating in passing that "it sounds like the liability is already there." Applicants failed to disclose that the holes in the net were cause by trees on Applicants' property which have not been adequately maintained by Applicants and which have damaged the existing net. Appellant has notified Ceres of this concern in a letter to the Planning Division, dated March 4, 2020, and has requested that Ceres require the property owner to maintain those trees and repair the net (see attached letter.

Exhibit "B")
B) Installation and Maintenance of New Net - In response to the issue of liability from errant golf balls. Applicants have proposed to construct a higher barrier between the two properties in the form of a new net. Shortly before the March 2, 2020 meeting, Appellants received correspondence from Applicants' representative that:
"River Oaks Commercial Center shall install protective netting along the common property line with River Oaks Golf Course. The River Oaks Golf Course will be responsible for the maintenance of the protective netting as required by the Settlement Agreement and Mutual Release executed between the City of Ceres and River Oaks Golf Course, Inc., as approved by the City in Resolution 2004- 109."
While attractive in concept, this proposal fails for at least two reasons: First, the referenced settlement agreement deals with netting on the east end of the ROGC property, and has no bearing on the barrier that exists between ROGC property and the Subject Property. Second, ROGC agreed to maintain the netting installed by Ceres in exchange for Ceres agreeing to make reasonable changes in its intended park development plan with the shared goal of minimizing liability to both Ceres and ROGC. By contrast. Applicants are attempting to ramrod a project that is certain to significantly increase ROGC's liability, and is also attempting to make ROGC responsible for the cost and liability of maintaining that barrier, without ROGC's consent.

ROGC does not consent to any increased expense or liability in connection with the construction or the long-term maintenance of a new barrier between ROGC and the proposed project on the Subject Property. Applicants are creating the liability and should be responsible for any expense associated with limiting that liability, including the cost of maintaining the barrier.

C) Failure to Retain PGA Expert - Applicants' representative initially indicated to the Planning Commission that Applicants had retained a PGA expert who would be advising on the height and specifications of the proposed net. This 4894-1519-6941v1
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requirement was included as a condition of approval in the initial recommendation (see Staff Report page 8).

At the hearing, Applicants' representative indicated that Applicants are using PGA Standards and their design people to help determine the net height and that they would be using professional designers/engineers to assist them. When asked, in the hearing, what height the PGA recommended for this net, however, it became clear that the PGA had not been approached on this project at that time. To date, Appellant has not been approached by Applicant regarding the height, scope, or nature of the proposed netting, nor has it been contacted by any representative from PGA Standards.

The Council should be concerned that Applicants' due diligence on this key issue essentially boils down to a promise that Applicants will address it at some future stage. Applicants have admitted that they do not know how high the net will need to be (see Planning Commission Meeting minutes, page 8), and by extension cannot have a reliable estimate of the likely cost to install and maintain the netting. As with the issue of insurance, these are costs that are fundamental to this project and that should be addressed before approval is granted to re-zone the Subject Property, not after.

D) Impact on Private Road Easement - While the immediate impact of the proposed project on the Private Road Easement is not clear, Mr. Wells' comments at the Planning Commission Meeting raise concerns for both ROGC and the residents of River Oaks Estates. In response to a concern expressed by Mr. Hall at the Planning Commission regarding "road islands", the following was recorded in the minutes:
"Mr. Wells explained that this exhibit was prepared by the applicant before the City wrote the Conditions of Approval. And, in the Conditions of Approval, the median is a requirement of the project, but we need a little more information and study to determine when it's triggered for that particular location. He also noted that Hatch Road is a six lane expressway in the City's General Plan, and we don't like to put medians in unless we can put them in their ultimate location. The conditions of approval are written around that flexibility to make sure that it's in the right location for vehicular traffic and safety." (Planning Commission Meeting Minutes March 2, 2020, page 6)
Appellant and the residents of River Oaks Estates have consistently indicated that one of their primary concerns with the proposed project is the likely impact on their access to their properties using the Private Road Easement. Applicants and the staff of the planning commission have 4894-1519-6941v1
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indicated that the project will not hamper that access and that the Private Road Easement will be respected and maintained. Mr. Wells' comments appear to indicate that a requirement of the project will be the eventual installation of road islands at some future date, which are almost certain to restrict access to the Private Road Easement. ROGC reiterates its opposition to the approval of any project that will impact the ability of ROGC's guests and vendors to access the facilities as they have historically done.

4. The council should consider the application in the context of a "gateway project" which, if granted, will likely lead to similarly dense development proposals on the neighboring parcel to the west and which would further impact ROGC.

Finally, Appellant urges the Council to evaluate Applicants' request not just as it relates to the Subject Property and the instant project, but to also consider the impact of a similarly aggressive, high-density project on the seven-acre parcel immediately west of this project. Both of those properties are currently undeveloped and were historically designated as CR in the General Plan. Both of those properties took advantage of the opportunity to unilaterally request changes in the plan designation in 2018. Comments from staff at planning commission further underscore this likelihood, as there are several references in the staff recommendation, noting that the "access will be stubbed for the future development of the west adjoining property so that the future development to the west will be able to safely enter and exit the commercial center onto Hatch Road." (See page 6)
While the Council may consider the impact of the instant project as relatively minor, a decision to grant Applicants' request for rezoning will almost certainly lead to significant commercial development across the entire southern border of ROGC, effectively removing it from public view and further increasing the likelihood of liability from errant golf balls. What is currently an aesthetically pleasing destination that has recently begun hosting weddings and similar events, will be converted to a pocket of green space behind high density strip malls. This will almost certainly result in decreased patronage for both golf and events, which, in turn will put further financial pressure on ROGC. One doesn't need to look much further than Patterson to see the very real impacts a failed golf course can have on the surrounding properties.

Conclusion - Due to the historical uses of the Subject Property and surrounding properties, the Council should evaluate the proposed project under the "CR, Commercial Recreational" designation for the Subject Property and not under a "CC, Community Commercial" standard. The Council should only grant the re-zoning application if it values high density strip mall developments over the existing facilities at ROGC; allowing the proposed project to go through will almost certainly result in the eventual demise of ROGC.
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EXHIBIT "A"
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RECORDING REQUESTED BY:

CITY OF CERES
When Recorded mail to:

City of Ceres
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307
Agreement Between Landowners and City for Installation and Maintenance of Golf Net Fence and Insurance for Liability of Errant Golf Balls

AGREEMENT FOR INSTALLATION, MAINTENANCE OF PROTECTIVE GOLF NETTING

FENCE AND TO PROVIDE CONTINUOUS INSURANCE FOR ERRANT GOLF BALLS

CAUSING PROPERTY DAMAGES OR INJURIES TO PATRONS OF PROPOSED STRIP

CENTER RETAIL DEVELOPMENT
This Agreement is entered into on, between SURGIT SINGH AND RANJEET TALWANA (“DEVELOPER”), THORNHALL LLC, a California Limited Liability Company (“BENEFITTED PROPERTY OWNER”), RIVER OAKS GOLF COURSE AND EVENTS CENTER, INC., a California corporation (“BENEFITTED BUSINESS”) and the City of Ceres, a municipal corporation (“CITY”).

Recitals
A. DEVELOPER is the owner of real property in the City of Ceres described in EXHIBIT 1 attached hereto and incorporated herein as though fully set forth, (“PROPERTY”).

B. BENEFITTED PROPOERTY OWNER is the owner of the real property abutting and immediately north of the PROPERTY’S north property line as shown on EXHIBIT 2, attached hereto and incorporated herein as though fully set forth, (“BENEFITTED PROPERTY”).

C. DEVELOPER has filed an application with the City of CERES for approval of a Specific Site Plan for Agricultural Review, Land Use, and Placement of Three Commercial Buildings on the PROPERTY. DEVELOPER has been advised by California Property Disclosure prior to purchase of the PROPERTY, that golfballs from the BENEFITTED BUSINESS’S driving range will from time-to-time land on the PROPERTY and may cause a hazard and health risk to those persons on the PROPERTY.

D. On April 16, 2020, CITY passed RESOLUTION NO. PC-20-12 (“Resolution PC-20-12”) and recorded the same as DOC-2020-0026908-00 in the office of the County Recorder for Stanislaus County, reference to which is made herein and incorporated herein as though fully set forth, which required DEVELOPER to complete the “Conditions of Approval” which... “conditions of approval contained in this resolution and attached as Exhibit ‘A’ and on file in the Planning and Building ITEM 7
Division, which shall be binding on all heirs, assignees, and successors in interest of said property.” (Resolution PC-20-12, page 2, Section 2)
E. Based on the DEVELOPER’S agreement to comply, the City Planning Commission passed the resolution which also had granted a conditional use permit to DEVELOPER in accordance with CITY’s procedures and zoning ordinance. (Resolution PC-20-12, Exhibit A, Section A, Paragraph 3)
F. By the terms of the Resolution PC-20-12 in part, DEVELOPER agreed to the following project specific conditions, including in relevant part:

6. Golfballs hit from the north adjacent golf course driving range can potentially enter the subject property [BENEFITTED PROPERTY]. The applicant [DEVELOPER] and the golf course owners [BENEFITTED BUSINESS] shall work together to hire a 3rd party consultant (subject to City staff approval) to identify an approximate height of a net that can be designed (and installed along the north property line of the subject site [PROPERTY]) to prevent the golf balls from entering the site [BENEFITTED PROPERTY]. The Applicant [DEVELOPER] shall be the responsible party for the cost for both the removal of the existing net and non-native trees along the north property line and the replacement with a new net [(hereafter, “Protective Golf Netting”), designed to meet PGA- Professional Golfers’ Association design guidelines) at the height recommended by the consultant (as referenced above), which shall be installed prior to” ... construction commencing on the project. The future net can also be designed to provide signage for the River Oaks Golf Course [BENEFITTED BUSINESS], which can be sewn or integrated into the net’s design. “River Oaks Plaza Commercial Center [DEVELOPER] will name River Oaks Golf Course [BENEFITTED BUSINESS and BENEFITTED PROPERTY] and the City of Ceres [CITY] as “Additional Certificate Holder” on the River Oaks Plaza Commercial Center [DEVELOPER] Insurance Policy. River Oaks Commercial Center [DEVELOPER] shall install protective netting along the common property line with River Oaks Golf Course [BENEFITTED BUSINESS].” The DEVELOPER, who directly benefits from this netting, shall be responsible for up keep and maintenance of the protective netting. “The applicant [DEVELOPER] shall record a deed restriction on these parcels [PROPERTY] when the map is created that would ensure that current and future property owners of River Oaks Plaza Commercial Center [PROPERTY] shall provide, as an additional insured, the River Oaks Golf Course [BENEFITTED BUSINESS] and the City of Ceres [CITY] on the River Oaks Plaza Commercial Center [DEVELOPER] liability insurance.” Thomhall LLC, a California limited liability company [BENEFITTED PROPERTY OWNER] shall also be named as an additional insured on DEVELOPER’S liability insurance.

G. Paragraph 7.c. of the Conditions of Approval of Resolution PC 20-12 provides:

The Applicant [DEVELOPER] shall be responsible for ensuring that the 40-foot private roadway easement that traverses along the west property line of the project site is being maintained to the satisfaction of the City [CITY] to allow both the patrons of the golf course and the homeowners that reside along Golf Links Road the continued use of this private roadway.

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H. Article C, Paragraph 5 of Resolution PC 20-12 provides, in relevant part:

The developer [DEVELOPER] will defend, indemnify, and hold harmless the City [CITY], its agents, officers, employees and volunteers from and against all claims, lawsuits, or causes of action (whether brought solely against the City or jointly against both City, developer or others), damages, losses, and expenses, including attorney fee, arising in any manner out of the approval or the application approved herein, including, without limitation, all actions or proceeding to attack, set aside, void or annul the permit granted pursuant to the City’s approval of the application referenced herein, provided the City notifies the developer within a reasonable time of any such claim, action or proceeding, and cooperates in the defense of such claims, actions or proceedings.

By the terms of the Resolution PC 20-12, DEVELOPER, as the owner of the PROPERTY, is required to replace and install a new protective netting consistent with the PGA approved design and installation and since this golf netting is for the sole protection of DEVELOPER’S future customers, DEVELOPER should maintain the netting after the installation in accordance with a plan approved by CITY per its Resolution PC-20-12;
In addition, DEVELOPER, or its successor-in-interest, shall provide liability insurance in the minimum amount of Three Million Dollars ($3,000,000.00) combined limits with an insurance company authorized to do business in the state of California and to name BENEFITTED PROPERTY OWNER, BENEFITTED BUSINESS and CITY as additional insureds and to provide them each with a certificate of insurance confirming the coverage is in place. The coverages for the CITY the BENEFITTED PROPERTY OWNER and BENEFITTED BUSINESS shall remain in place and proof of insurance mailed to each of them and their successors-in-interest each annual renewal.

All parties recognize that the installation and maintenance of the golfball netting, and the insurance on the liability of any errant golf ball causing property damages or personal injury is an integral part of DEVELOPER’S plan for development of the PROPERTY and is necessary to carry out the purpose and intent of CITY’s land use regulations and that the development would not have been approved by City without the assurance that this Agreement would be executed and performed by DEVELOPER and its successors in interest.

THEREFORE, THE PARTIES AGREE as follows:

AGREEMENT
Purpose

1. The Recitals above are incorporated herein and by this reference are made part of this Agreement.

2. The purpose of this Agreement is to impose on DEVELOPER the obligations to: (1) remove and replace the existing golf ball protective netting on the norther boundary of the PROPERTY where it abuts to the BENEFITED PROPERTY, (2) maintain the replacement net in a reasonable workmanlike manner, (3) insure continuously against any liability for property damages or personal injury that might result from the operation of BENEFITTED BUSINESS’S golf course business with an acceptable insurance company licensed to do business in the State of California, (4) annually name BENEFITTED PROPERTY OWNER, BENEFITTED BUSINESS and CITY as additional insureds, and (5) provide each of them with a certificate of insurance confirming the coverage is in place in accordance with Resolution PC-20-12 and the “Conditions of Approval,” contained therein.

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3. Property Subject to Agreement. The PROPERTY is described in Exhibit 1 incorporated herein as though fully set forth, is owned by Surgit Singh and Ranjeet Talwana and described as the Northeast comer of Hatch Road and Golf Links Drive Ceres, CA 95307 with APN’s of 039-047-014 and 039-047- 015
City Proceedings

4. Reference is made to the proceedings conducted by the CITY resulting in Resolution PC-20-12 and recorded the same as DOC-2020-0026908-00 in the office of the County Recorder for Stanislaus County, which require DEVELOPER to complete the “Conditions of Approval,” which in part required the installation and maintenance of the “Protective Golf Netting” and obtaining liability insurance naming CITY, BENEFITTED BUSINESS and BENFITTED PROPERTY OWNER as additional insureds, copies of which are on file in the City Offices at Planning and Building Division 2220 Magnolia Street, Ceres, CA 95307.

Protective Golf Netting as Benefit

5. DEVELOPER agrees that the: (1) installation of the Protective Golf Netting, (2) ongoing maintenance of the Protective Golf Netting, and (3) requirement to obtain and keep in force liability insurance for the benefit of BENEFITTED PROPERTY OWNER, BENEFITTED BUSINESS and CITY that DEVELOPER is obligated to provide will materially benefit the PROPERTY and is necessary to comply with the “Conditions of Approval” imposed by CITY as prerequisites of the development of the PROPERTY, which are included in Exhibit “A” to Resolution PC-20-12 as . In that regard, DEVELOPER shall remove the existing golf netting, the non-native trees and shall construct a new Protective Golf Netting at a height of ninety (90) feet, which shall be constructed with the same or better materials in the golf netting on the eastern border between the BENFITTED PROPERTY’S eastern border with that certain property owned by the CITY for the regional park uses. DEVELOPER will submit the plans for the new Protective Golf Netting to the CITY and the BENEFITTED PROPERTY OWNER for review and approval at least thirty (30) days prior to any construction begins.

Duty to Insure

6. Insurance. As a condition precedent to DEVELOPER'S first construction on the PROPERTY, DEVELOPER shall deliver to CITY, BENEFITTED BUSINESS and BENEFITTED PROPERTY OWNER a certificate of insurance (from an insurance company and in a form reasonably acceptable to CITY and BENEFITTED BUSINESS and BENEFITTED PROPERTY OWNER) certifying the following:

DEVELOPER is maintaining a policy of commercial general liability insurance that:
a. is a broad form contractual liability endorsement covering DEVELOPER'S indemnification obligations contained in Section 7 below; and
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b. provides bodily injury and property damage coverage, and with a combined single limit of not less than $3,000,000.00 per occurrence and $3,000,000.00 general aggregate for bodily injury and property damage, insuring CITY, BENEFITTE BUSINESS and BENEFITTED PROPERTY OWNER and their employees, officers, directors, owners, contractors, parent companies, affiliates and agents, against any injuries or damages to persons or property that may result from or are related to DEVELOPER’S and/or DEVELOPER'S agents', representatives’, engineers', consultants' or contractors’, guests', invitees' or tenants’ entry onto the PROPERTY. c. CITY, BENEFITTED BUSINESS and BENEFITTED PROPERTY OWNER shall be named as additional insureds under such insurance coverage.
d. There can be no cancellation or reduction of such insurance coverage without thirty (30) days prior written notice to CITY and BENEFITTED PROPERTY OWNER; and e. The insurance coverage contains waivers of subrogation against DEVELOPER.

It is intended that this duty to insure shall run with the land to any future owner of the PROPERTY.

Duty to Indemnify

7. DEVELOPER shall hold CITY, BENEFITTED BUSINESS and BENEFITTED PROPERTY OWNER and their employees, officers, directors, owners, contractors, parent companies, affiliates and agents, from all claims, causes of action, lawsuits or other actions for bodily injury and property damage, including but not limited to any injuries or damages to persons or property that may result from or are related to DEVELOPER'S and/or DEVELOPER'S agents', representatives', engineers', consultants’ or contractors', guests' invitees' or tenants' entry and or construction or use as a commercial retail center on the PROPERTY. It is intended that this duty to indemnify shall run with the land to any future owner of the PROPERTY.

Duty to Maintain

8. DEVELOPER, and its successor in interest, who is the direct beneficiary of the PROJECT shall diligently maintain and care for the Protective Golf Netting that DEVELOPER installs, using generally accepted methods of design and construction. DEVELOPER shall maintain that standard of care necessary to prevent the Protective Golf Netting from deteriorating. It is intended that this duty to maintain the Protective Golf Netting shall run with the land to any future owner of the PROPERTY.

Maintenance

9. If DEVELOPER fails to meet the standard of maintenance necessary to keep the Protective Golf Netting in a reasonably good and functional condition, CITY will give written notice of the deficiency to DEVELOPER or its successor in interest, who shall have twenty (20) days to make the necessary correction.

If the correction is not made within twenty (20) days, CITY may elect to take the steps necessary to assure that the Protective Golf Netting is maintained and cared for. To do this, CITY shall serve a notice of its intent to enter the PROPERTY for this purpose. CITY shall either personally serve the notice upon DEVELOPER or mail a copy of it by certified mail to DEVELOPER’S last known address, or as shown on the tax rolls, at least 15 days in advance of the date when it intends to enter the premises. It is intended that this duty to maintain the Protective Golf Netting shall run with the land to any future owner of the PROPERTY.

For this purpose, CITY may enter on the PROPERTY and perform such work as it considers reasonably necessary and proper to restore and maintain the Protective Golf Netting. CITY may act either through its own employees or through an independent contractor.

ITEM 7
Maintenance Costs as Lien

10. If CITY or its agents incurs costs in restoring or maintaining the Protective Golf Netting after following the procedure set forth in Paragraph 9 above, CITY shall make demand upon DEVELOPER for payment. If DEVELOPER fails to pay the costs incurred by CITY within thirty (30) days of the date demand is made, CITY may make the costs a lien upon the PROPERTY by recording a notice that it has incurred expenses under the terms of this Agreement with the County Recorder of Stanislaus County. The notice shall state the fact that CITY has incurred the costs under the terms of this Agreement and shall state the amount, together with the fact that it is unpaid and draws interest at the rate of 7 percent per year until paid.

This lien procedure shall apply to any future owner of the PROPERTY.

Additional Remedies

11. CITY may, as an alternative to the lien procedure set forth above in Paragraph 10, bring legal action to collect the sums due as the result of the making of expenditures for restoration and maintenance of the Protective Golf Netting. DEVELOPER agrees that if legal action by CITY or its agents is necessary to collect the amount expended by CITY, DEVELOPER agrees to pay CITY a reasonable sum as attorneys’ fees and court costs, together with interest from the date that is thirty (30) days after CITY has given its notice under Paragraph 9 above.

Notices

12. Notice given by each party to this Agreement shall be given to the other party at the address shown below.
a. CITY: Notices to City shall be addressed to the City of City Offices at Planning and Building Division 2220 Magnolia Street, Ceres, CA 95307.
b. DEVELOPER: Notices to Developer shall be addressed to Surgit Singh and Ranj eet Talwana 3826 Old Oak Drive Ceres, CA 95307
c. BENEFITTED PROPERTY OWNER: Thomhall LLC, c/o Ken Thomberry 4107 Morgan Rd. Ceres, CA 95307
d. BENEFITTED BUSINESSS: River Oaks Golf Course and Events Center, Inc., a California corporation, c/o Ken Thomberry: 4107 Morgan Road, Ceres, CA 95307. e. When and if DEVELOPER ceases to be the owner, DEVELOPER shall file with CITY, BENEFITTED BUSINESS and BENEFITTED PROPERTY OWNER a notice to that effect containing the name and address of the new owner and a copy of the deed. On DEVELOPER’S filing of this information with CITY, BENEFITTED BUSINESS and BENEFITTED PROPERTY OWNER, the subsequent grantee shall step into the shoes of DEVELOPER with respect to all of the obligations created under this Agreement. f. The obligations on DEVELOPER under this Agreement shall become secondary to the transferee of the PROPERTY, when DEVELOPER conveys DEVELOPER’S interest in the PROPERTY. DEVELOPER agrees that upon such transfer, DEVELOPER shall file for record with the County Recorder of Stanislaus a copy of assignment of this Agreement. In such case, the new owner shall take title to the PROPERTY subject to the requirements of this Agreement, and shall be primarily responsible, but Developer shall retain ultimate responsibility to ensure that these covenants are honored if a future owner fails to perform these obligations.

ITEM 7
Covenants Run With Land

13. The covenants in this Agreement pertain to and run with the PROPERTY described Exhibit 1. This Agreement binds the successors in interest of each of the parties.

Additional Security

14. If, either upon the execution of this Agreement or during the course of performance, CITY considers that it is necessary to have DEVELOPER post additional security to guarantee the performance of DEVELOPER’S obligations hereunder, CITY may require DEVELOPER to post additional security.

CITY may require either a cash deposit or a surety bond guaranteeing performance in a form and signed by sureties satisfactory to CITY. The condition of the security shall be that if DEVELOPER fails to perform the obligations under this Agreement, CITY may, in the case of a cash bond act for DEVELOPER using the proceeds, or in the case of a surety bond require the sureties to perform the obligations of this Agreement.

Miscellaneous Provisions

15. (a) If any provision of this Agreement is adjudged invalid, the remaining provisions shall not be affected.
(b) Notice to DEVELOPER shall be considered to have been given to DEVELOPER when sent to DEVELOPER’S address above stated.
(c) This writing contains a full, final, and exclusive statement of the Agreement of the parties. (d) DEVELOPER appoints CITY as its attorney-in-fact to do all acts and things that CITY considers necessary to restore or maintain the Protective Golf Netting installed under the Exhibit “A” to Resolution PC-20-12.
(e) If there is more than one signer of this Agreement as DEVELOPER, their obligations are joint and several.
(I) IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.

DEVELOPER
Surgit Singh Ranjeet Talwana

CITY OF CERES
By
Attest:[signature of city clerk]
ITEM 7

BENEFITTED PROPERTY OWNER
THORNHALL LLC, a California Limited Liability Company
K & D Enterprises Inc. a California Corporation, managing member By:

Ken Thomberry, President

BENEFITTED BUSINESS
RIVER OAKS GOLF COURSE AND EVENTS CENTER, INC., a California corporation By:

Ken Thomberry, President
ITEM 7
EXHIBIT 1
Being a portion of Parcel “B” of Map recorded August 2, 1978 in Book 27 of Parcel Maps at Page 83, Stanislaus County Records, being more particularly described as follows:

Beginning at the southwest comer of Parcel “B”, a point on the north right-of-way of Hatch Road (94 feet wide); thence leaving said right-of-way line, north 00° 00’ 54” west, 200.00 feet; thence south 89° 51’ 30” east, 470.00 feet, to a point on the east line of said Parcel “B”; thence along said east line, south 00° 00’ 54” east, 200.00 feet, a point on the north right-of-way of Hatch Road (94 feet wide); thence along said right-of- way, north 89° 51’30” west, 470.00 feet, to the point of beginning.

APN’s: 039-047-014 and 039-047-015
ITEM 7
EXHIBIT 2
POR. S 1/2 SECTION 1 T.4S. R.9E. M.D.B.& M. 001 000 039 - 047 001 058
Copyright 2001 Stanislaus County-All rights reserved 039 - 047 ITEM 7
EXHIBIT "B"
ITEM 7
©

RAMSBACHER PROKEY
LEONARD; '
111 W. ST. JOHN STREET, SUITE 1200
SAN JOSE, CALIFORNIA 95113
PH : 408.293.3616
FX : 408.293.0430
July 28, 2020
P.O. BOX 1868
SAN JOSE, CALIFORNIA 95109
[email protected]
www.RPLIawfirm.com
1140 SCENIC DRIVE, SUITE 110
MODESTO, CALIFORNIA 95350
PH : 209.846.6760
FX : 209.846.6781
JOHN W. PROKEY, Partner
DENNIS I. LEONARD, Partner
JOHN F. RAMSBACHER, Of Counsel
ROBERT V. GARCIA, Of Counsel
DAVID B. WALKER, Of Counsel
ALISON B. MERINO

ANDREA STARRETT
MICHAEL P. DONOHOE
ERIC D. CAPRON
JOSEPH D. SUPPLE
ALISON B. ARNOLD
YURIDIA A. GUERRERO
Surgit Singh and Ranjeet Talwana
3826 Old Oak Drive
Ceres, CA 95307
GDR Engineering, Inc.

Attn: Max Garcia
3525 Mitchell Road, Suite G
Ceres, CA 95307
Re: Demand to Repair Net Barrier Between Properties
Mr. Singh and Mr. Garcia,
My office represents Ken Thornberry, principal at River Oaks Golf Course ("ROGC"), in connection with the new proposed development which has been referred to as the River Oaks Plaza project ("Project").

Please accept this letter notice of the following:
1) At the March 2, 2020 public hearing before the Planning Commission, we are informed that Mr. Garcia made a comment to the effect that "the net is either 34 or 35 feet high and it hasn't been maintained, and most of those balls are going through that net, not over the net.

Besides that, if the balls are going over to Hatch Road now, he thinks the problem already exists ... he thinks it sounds like the liability is already there." (Excerpt from Planning Commission Meeting Minutes, page 8).

While technically correct, this public statement implied that ROGC was creating liability due to failure to maintain the netting barrier south of its driving range. What Mr. Garcia failed to mention is that:
(1) ROGC has no ongoing duty to maintain that barrier; and (2) the tears caused in the barrier have been directly caused by Mr. Singh's failure to maintain and trim the line of eucalyptus trees that run parallel to the netting.

In fact, ROGC has made efforts, over the past five years to assist in repairing holes in the netting, as they are identified, out of a neighborly effort to maintain the netting, particularly as damage is noted in the lower ten to fifteen feet. Now that Mr. Garcia has put this issue into the public record, however, we feel that it is imperative that Mr. Singh, as the property owner whose trees have caused the damage promptly take the following steps:

ITEM 7
A) Address the ongoing damage being done to the barrier by Mr. Singh's trees; B) Engage a licensed company familiar and experienced with erecting these barriers to construct a replacement barrier that conforms to PDGA standards, at Mr. Singh's expense, as the extent of the damage to the current barrier cannot easily be repaired.

As we understand that Mr. Singh intends to develop this property in the coming years, it is essential that both ROGC and the owners of the Project begin conducting themselves as two neighboring businesses and that Mr. Singh begin contributing to the cost of keeping the properties adequately separated and protected.
2) We are informed that you have represented to the Ceres Planning Commission that a new net barrier will be erected between ROGC and the Project and that ROGC "will be responsible for the maintenance of the protective netting as required by the Settlement Agreement and Mutual Release executed between the City of Ceres and River Oaks Golf Course, Inc., as approved by the City in Resolution 2004-109."
Please be advised that this is a false and materially misleading statement. The referenced settlement agreement is between ROGC and Ceres and is limited to the protective fencing and netting that separates the east edge of ROGC's driving range from Ceres' park property. That agreement puts no duty on ROGC to repair or maintain any other protective netting, nor does ROGC intend to repair or maintain any netting between ROGC's facilities and the Project. The ongoing expense of maintenance and repair of that netting must be included in the long term cost of the project and will not be passed along to ROGC.

ROGC demands that you amend your proposal to the city council and/or planning commission to remove any reference to ROGC's contribution to that barrier or any obligation to repair, maintain, or contribute to the maintenance of that barrier. ROGC further demands that you include an addendum to your proposal specifically addressing this misstatement and clarifying that the owner of the Project (and any successive owner) will be responsible for maintaining the current barrier and any replacement barrier.

Please provide a response by email to me at: ecaoromS)rpilawfirm.com confirming that you will address these repairs and providing me with notice of when my client can expect to see workers on the property and repairing the barrier.

Eric D. Capron, Esq.

RAMSBACHER PRQKEY
LEONARD i i '
111 W. ST. JOHN STREET, SUITE 1200
SAN JOSE, CALIFORNIA 95113
PH : 408.293.3616
FX : 408.293.0430
P.O. BOX 1868
SAN JOSE, CALIFORNIA 95109
[email protected]
www.RPLIawfirm.com
1140 SCENIC DRIVE, SUITE 110
MODESTO, CALIFORNIA 95350
PH : 209.846.6760
FX : 209.846.6781
JOHN W. PROKEY, Partner
DENNIS I. LEONARD, Partner
JOHN F. RAMSBACHER, Of Counsel
ROBERT V. GARCIA, Of Counsel
DAVID B. WALKER, Of Counsel
ALISON 8. MERINO

ANDREA STARRETT
MICHAEL P. DONOHOE
ERIC D. CAPRON
August 27, 2020 JOSEPH D. SUPPLE
ALISON B. ARNOLD
YURIDIA A. GUERRERO
Surgit Singh and Ranjeet Talwana
3826 Old Oak Drive
Ceres, CA 95307
GDR Engineering, Inc.

Attn: Max Garcia
3525 Mitchel] Road, Suite G
Ceres, CA 95307
Re: Follow up to Demand to Repair Net Barrier Between Properties Mr. Singh and Mr. Garcia,
This letter follows up on my prior correspondence, dated July 28, 2020, which addressed my client’s concerns regarding the following two issues:
1) Demand for replacement of the net barrier between the two properties due to damage caused by Mr. Singh’s trees to that barrier;
2) Demand for correction/retraction of statement that River Oaks Golf Course will be financially responsible for the ongoing maintenance of the barrier in the future.

A true and correct copy of that initial letter is enclosed with this follow up. That letter requested a prompt response indicating your intended course of action. Almost a month has passed, however, and I have not received a reply. As noted in my prior letter, Mr. Garcia’s comments to the Planning Commission in a public forum raised this issue of potential liability. It is essential that you promptly address that liability, instead of ignoring it.

Please provide a response by email to me at: [email protected] confirming that you will address these repairs and providing me with notice of when my client can expect to see workers on the property and repairing the barrier. Alternatively, please have your attorney contact me to discuss this matter.

I will stand by for your prompt response,
Eric D. Capron, Esq.

ITEM 7
ITEM 7

COUNCIL AGENDA REPORT

MEETING DATE: February 14, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Samir Royal, Interim Public Works Director
[email protected]
, (209) 538-5717

SUBJECT: Expansion of Ceres Recycled Water Exports via the North Valley Regional Recycled Water Program

RECOMMENDED COUNCIL ACTION:

Staff will make a brief presentation and seek Council direction.

I. BACKGROUND:

The City of Ceres conveys a portion of its wastewater to the Turlock Regional Water Quality Control Facility (Turlock RWQCF) where it is treated and recycled for agricultural and environmental use by the Del Puerto Water District (Del Puert o), specifically through the North Valley Regional Recycled Water Project (NVRRWP) . The City of Ceres currently has agreements in place with the City of Turlock for export of up to two (2) million gallons per day (Mgal/d) of secondary effluent to the Turlock RWQCF.

Del Puerto has con tacted the City of Ceres to investigate means to increase conveyance of treated effluent to the Turlock RWQCB for the purpose of increasing the water available through the NVRRWP for delivery to Del Puerto.

Del Puer to is proposing a cooperative agreement with the City of Ceres to initially expand the Ceres WWTP Export Pump Station pumping capacity to convey current flows normally available at 2.2 Mgal/d, up to a maximum of 2.5 MGal/d, with Del Pue rto proposing to fund the capital improvements and a portion of increased fees charged by the City of Turlock to the City of Ceres for wastewater treatment

HISTORICAL BACKGROUND:

The City of Ceres and City of Turlock have worked together for nearly two decades for the efficient treatment and recycled use of wastewater generated within the Ceres

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 8
sewer service area. The City of Ceres first entered into an agreement with the City of Turlock on October 28, 2003 to provide for delivery of up to 1.0 Mgal/d of equivalent secondary treated effluent t o the City of Turlock RWQCF. The City entered into a second agreement on January 9, 2007 to provide for capacity in the Turlock RWQCF for delivery up to a total of 2.0 MGal/d Since entering into those agreements, a regional cooperative program has been dev eloped between the Cities of Ceres, Turlock, Modesto, Stanislaus County, and the Del Puerto Water District for development of the NVRRWP. The NVRRWP conveys recycled water from the Turlock RWQCF (which includes flows from the Ceres WWTP) and the Modesto Water Quality Control Facility in a combined pipeline to the Delta-Mendota Canal, which allows Del Puerto to deliver that water to growers within its service area. This program benefits the Cities of Ceres, Turlock, and Modesto by providing for a beneficial use of treated wastewater generate d within these c ommunities and benefits growers in the Del Puerto service are by providing for a resilient and sustainable source of water for crop irrigation.

II. REASONS FOR RECOMMENDATION:

This project aligns with the 2013 Sewer System Master Plan as an expansion wastewater exports to Turlock RWQCF and increases capacity of the export pumping station at the City of Ceres WWTP. A capacity increase also allows for the City of Ceres to send more flows to Turlock RWQCF at velocities capable of preventing solids build - up in the force main.

III. FISCAL IMPACTS:

Facilities costs and cost share agreement terms with the draft cost share agreement to be presented to the City Council for consideration at a future meeting.

IV. RELATIONSHIP TO THE STRATEGIC PLAN:

As drought and water use restrictions become more of a concern for local agricultural community, recycled water use will become a driver in planning for future needs.

V. POLICY ALTERNATIVES:

Increase wastewater export to the City of Modesto after constructing new sewer outfall to th e City of Modesto Jennings WWTP or construct significant treatment plant improvements to provide for continued on- site disposal in compliance with changing discharge regulatory requirements . Continu e to percolate up to 2.5 Mgal/d of effluent on-site until regulatory requirements dictate that this method be discontinued, or significant treatment improvements are required to maintain compliance with future permit terms.

VI. INTERDEPARTMENTAL COORDINATION:

There has been no interdepartmental coordination. Coordination between the City of Ceres, City of Turlock and the Del Puerto Water District has been ongoing.

ITEM 8

VII. STEPS FOLLOWING APPROVAL:

Upcoming approval actions by the City of Ceres, including presentation of key policy and agreement provisions for the expanded program of conveyance of water to the Turlock RWQCF, are:

1. Ceres City Council consideration of a cost share agreement between Del Puerto and the City of Ceres , to include capital cost for expansion of the Ceres WWTP Export Pu mp Station and certa in additional operating costs resulting from expanding flows to the Turlock RWQCF.

2. Ceres City Council amend agreement between City of Ceres and City of Turlock for conveyance to the Turlock RWQCF of flows at a minimum of 2.5 Mgal/d with modified water quality limits (BOD and TSS) consistent with current Ceres secondary effluent and treatment capabilities of the Turlock RWQCF.

3. Design and construction of pumping improvements to the Ceres WWTP Export Pump Station.

Approved by:_____________ _________________
Alex Terrazas, Interim City Manager

ITEM 8
ITEM 8

Ceres City CouncilFebruary 14, 2022

Ceres City Council
February 14, 2022