AG
ENDA
NOTICE AND CALL OF A SPECIAL CITY COUNCIL MEETING
CITY OF CERES, CALIFORNIA
C
ity Council Chambers, 2701 Fourth Street
Tuesday, May 28, 2024 at 6:00 p.m.
M
ailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Ma
yor Lopez
ROLL CALL
M
ayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra ( District 2); Daniel A.
Martinez (District 4)
INVOCATION
J
eff Thompson, Big Valley Grace Community Church.
Click this link to join the webinar:
https://us02web.zoom.us/j/88484869771?pwd=N1k4UzVudXhBeExhd0JNK2lDWFVrQT09 W
ebinar ID: 884 8486 9771; Passcode: 273320; or Dial: (669) 900-6833 P
UBLIC COMMENTS VIA ZOOM HAVE BEEN SUSPENDED. PUBLIC COMMENT DURING THE MEETING MUST BE MADE IN-PERSON. MEMBERS OF THE PUBLIC MAY STILL VIEW THE MEETING VIA ZOOM.
R
EMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM THE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR
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 [email protected].
AGENDA
Special City Council Meeting
May 28, 2024
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Lopez.
PRESENTATIONS
A. Mental Health Awareness Proclamation
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 five minutes (Resolution No. 2007-106). Members of the public interested in addressing the City Council during this Special Meeting may address the items which have been described in the notice of this Special Meeting in accordance with Government Code Section 54954.3(a).
APPOINTMENTS TO BOARDS/COMMISSIONS
None
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 Councilmember 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 May 28, 2024 Special City Council Meeting was Posted on Wednesday, May 22, 2024. (City Clerk)
2. Waive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive readings 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). (City Clerk)
3. Approval of Minutes for the May 13, 202 4 Regular City Council M eeting. (City Clerk)
4. Register of Audited Demand(s) Dated May 2, 2024 through May 8, 2024. (Esenwein)
5. Resolution No. 2024 -XXX, Adopting a List of Projects for Fiscal Year 2024- 25 Funded by SB 1: The Road Repair and Accountability Act of 2017. (Beltran)
6. Resolution No. 2024 -XXX, Approving the Application for the Urban and Community Forestry Grant Program of the California Department of Forestry and Fire Protection. (Chavez)
AGENDA
Special City Council Meeting
May 28, 2024
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
UNFINISHED BUSINESS
None
PUBLIC HEARING
7. Resolution No. 2024 -XXX, Consider ing an Appeal of Planning Commission’s Approval of Conditional Use Permit Application Number 23- 23 (CUP) for El Rematito, Filed by Quetzal Corporation, Pedro and Candida Marquez / Nelson Gomez, Located at 3025 and 3113 Crows Landing Road, Ceres, CA (APN: 056- 055-030, -033). (Simvoulakis)
8. Ordinance No. 2024 -XXXX, Amending Title 15, Buildings and Construction, Chapter 8, California Fire Code, of the Ceres Municipal Code to Adopt the 2022 California Fire Code. (Wise)
NEW BUSINESS
9. Resolution No. 2024- XXX, Authorizing the Withdrawal From and Termination of the Agreement Between the City of Ceres, the City of Modesto, and the County of Stanislaus Regarding the Tuolumne River Regional Park. (Dunford)
DISCUSSION ITEMS
None
COUNCILMEMBER REFERRALS
Councilmembers request to have an agenda item placed on a future agenda (p ursuant to Chapter 2 - City Council Meetings, J-8. City Council Referrals/Determination of Items for Agenda).
10. Zoom Participation at City Council Meetings
(Requested by Vice Mayor Silveira at the April 8, 2024 City Council Meeting to be agendized for a future council meeting for council consideration.)
REPORTS
At this time, any Councilmember s or City s taff will make an announcement, or report briefly on his /her activities.
• Mayor
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor
AGENDA
Special City Council Meeting
May 28, 2024
CLOSED SESSION
11. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers
REPORT FROM CLOSED SESSION
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on June 10, 2024 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
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 2220 Magnolia 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.
AFFIDAVIT OF POSTING
I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, May 22, 2024, at the following locations in Ceres:
• Community Center Display Case – 2701 Fourth Street
__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk
AGENDA
Special City Council Meeting
May 28, 2024
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 off ice 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).
DECLARING MAY 2024 AS
MENTAL HEALTH AWARENESS MONTH
WHE
REAS, there is a proven connection between good mental health and overall personal health; and
WHE
REAS, mental illnesses affect almost every family in America; and WHE
REAS, people with mental illnesses recover if given the necessary services and supports in their communities; and
WHE
REAS, people with mental illnesses make important contributions to our families and our communities; and
WHE
REAS, millions of adults and children are disabled by mental illnesses every year; and
WHE
REAS, only one out of two people with a serious form of mental illness seeks treatment for his or her mental illness; and WHE
REAS, stigma and fear of discrimination keep many who would benefit from mental health services from seeking help; and WHE
REAS, research shows that the most effective way to reduce stigma is through personal contact with someone with a mental illness; and WHE
REAS, good mental health is critical to the well -being of our families, communities, schools, and businesses; and
WHE
REAS, greater public awareness about mental illnesses can change negative attitudes and behaviors toward people with mental illnesses.
NOW
, THEREFORE, I, Javier Lopez, Mayor of the City of Ceres , on behalf of the City Council, Vice Mayor Bret Silveira, Councilmembers James Casey, Rosalinda L. Vierra, and Daniel A. Martinez, hereby proclaim the month of May 2024 as Mental Health Awareness Month.
Pr
oclaimed this 28th day of May 2024
___________________________
Javi
er Lopez, Mayor
ITEM A
ITEM A
DRAFT MI
NUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, May 13, 2024 at 6:00 p.m.
Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Mayo
r Lopez called the May 13, 2024 meeting to order at 6:00 p.m.
ROLL CALL – Present:
Mayor:
Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Daniel A.
Martinez (District 4)
District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Present Present Present Present Present
INVOCATION
Invocation by Pete Kirchhoff, Youth for Christ Central Valley.
PLEDGE OF ALLEGIANCE
Pledg
e of Allegiance was led by Mayor Lopez.
PRESENTATIONS
A. Publi
c Works Week Proclamation
Publi
c Works Director, Samir Royal, accepted the proclamation.
B. Dri
nking Water Week Proclamation
Publi
c Works Superintendent, Joshua Casas, and Water Distribution Supervisor, Bobby Titus, accepted the proclamation.
C. Str
oke Awareness Month Proclamation & Presentation
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
May 13, 2024
D
orothy Trivedi and Breanna Cabeceiras with Doctors Medical Center accepted the proclamation and gave a presentation regarding stroke awareness and prevention.
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
Shi
rley Rogers spoke regarding her opposition of the cost of the new gazebo in Whitmore Park.
M
ason Sanchez spoke regarding the Ceres Street Faire including a low rider car show at this year’s event.
D
ave Pratt spoke regarding fox tails, goat heads, rocks used for landscaping, and graffiti at Neel Park and along the bike trail.
J
ohn Warren spoke regarding National Peace Officers Memorial Week, that flags should be flown at half-staff on May 15 th in observance of National Peace Officers Memorial Week, and the Memorial Day ceremony that will be held on May 27 th at the Ceres Cemetery at 10:00 a.m.
G
ene Yeakley spoke regarding Love Ceres and thanked those who participated in the project at his home.
APPOINTMENTS TO BOARDS/COMMISSIONS
None
CONFLICT OF INTEREST DECLARATION
None
CONSENT CALENDAR
Ac
tion: Motion by Councilmember Martinez , seconded by Vice Mayor Silveira, approving items 1 – 12 and 14 – 15. Motion carried 5/0/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
1. C
lerks Report of Posting. The agenda of the May 13, 2024 City Council Meeting was Posted on Wednesday, May 8, 2024. (City Clerk)
2. W
aive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive readings in full of all ordinances and resolutions on the agenda and declare that ITEM 3
DRAFT MINUTES
Regular City Council Meeting
May 13, 2024
s
aid titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)
3. A
pproval of Minutes for the April 22, 2024 Regular City Council Meeting. (City Clerk)
4. R
egister of Audited Demand(s) Dated April 11, 2024 through April 25 , 2024. (Esenwein)
5. General Correspondence – Information Only
a. Report on International Council of Shopping Centers Annual Conference. (A
guirre)
6. A) R
esolution No. 2024-47, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 5, 2024 for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities and the Ceres Municipal Code. (City Clerk) B) R
esolution No. 2024-48, Requesting the Board of Supervisors of Stanislaus County to Consolidate a General Municipal Election to be Held on Tuesday, November 5, 2024, with the Statewide General Election to be Held on the Date Pursuant to § 10403 of the Elections Code. (City Clerk) C) R
esolution No. 2024 -49, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate’s Statements Submitted to the Voters at a General Municipal Election to be Held on Tuesday, November 5, 2024. (City Clerk)
7. R
esolution No. 2024 -50, Accepting the River Ranch Sewer Lift Station Power Upgrade Project as Complete, Approving the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion, and Releasing the Remaining Retention to the Contractor. (Royal)
8. R
esolution No. 2024 -51, Accepting the Well 16 G ranular Activated Carbon Chamber Project as Complete, Approving the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion, and Approving Releasing the Remaining Retention to the Contractor. (Royal)
9. R
esolution No. 2024-52, Approving a Purchase Order with Valley Air Conditioning & Heating to Replace the Air Conditioning Units at City Hall and Authorizing the City Manager to Execute the Purchase Order. (Royal)
10. R
esolution No. 2024-53, Approving a Contract Services Agreement with Industrial Electrical Co., Inc. for Generator Preventative Maintenance and Authorizing the City Manager to Execute the Agreement. (Royal)
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
May 13, 2024
11. R
esolution No. 2024 -54, Approving the Acceptance of Grant Funding from the State of California on Behalf of the Federal Emergency Management Agency for Severe Storm Disaster #4683DR and Designating the City Manager as the Authorizing Agent. (Royal)
12. R
esolution No. 2024-55, Approving an Agreement with Motorola Solutions, Inc. for the Purchase and Installation of a Security Camera System at the Public Works Corporation Yard and Authorizing the City Manager to Execute the Agreement . (Royal)
13. Removed for separate consideration.
14. Resolution No. 2024 -57, Approving a Professional Services Agreement with O’Dell Engineering for the Design Services of the STPL- 5241 (080) Moffett Road Rehabilitation, Project #2407 and Sewer Replacement for Moffett Road and Fowler Road, Project #2417 and Authorizing the City Manager to Execute the Agreement. (Beltran)
15. Re
solution No. 2024-58, Declaring the Intention to Annex Territory into Community Facilities District No. 3 (Public Services) and Authorizing the Levy of Special Taxes (3605 9
th Street; APN 127-025-009). (Simvoulakis)
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR I
tem 13: Removed for separate consideration by Ceres resident, Dave Pratt Resolution No. 2024 -56, Approving a Professional Consultant Services Agreement with Dokken Engineering, Inc. for SR99 Service/Mitchell Road Interchange Design Review and Conceptual Alternatives (Project Number 2303), and Authorizing the City Manager to Execute the Agreement. (Beltran) Dav
e Pratt inquired as to the status of the plans for the project.
M
ayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
C
ouncil and staff discussion included the cost of the project increasing and having an independent review to explore cost savings.
A
ction: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 13. Motion carried 4/1 /0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Yes Yes Yes Yes
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
May 13, 2024
UNFINISHED BUSINESS
None
PUBLIC HEARING
None
NEW BUSINESS
None
DISCUSSION ITEMS
None
COUNCILMEMBER REFERRALS
None
REPORTS
• M
ayor
N
othing to report.
• Cit
y Council
C
ouncilmember Vierra spoke regarding economic development, homeless alliance meeting, resources for the homeless, housing and insurance meeting with Senator Marie Alvarado-Gil, the Red Dress event, Ceres Partnership being recognized as Non- Profit of the Year next month, and reporting graffiti, traffic, potholes , and conserving water.
C
ouncilmember Casey spoke regarding the VFW promotion of poppies and the suicide prevention walk that will be held on September 26, 2024 at Modesto Junior College.
C
ouncilmember Martinez spoke regarding Concerts in the Park and wished staff a happy Mother’s Day.
• C
ity Manager
N
othing to report.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
May 13, 2024
• C
ity Attorney
N
othing to report.
• D
epartments
N
othing to report.
• C
ounty Supervisor
N
othing to report.
CLOSED SESSION
16. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers
17. Liability Claims, Cal. Gov. Code §54956.95
Claimant: Tom Mitsopoulas
Agency Claimed Against: City of Ceres
M
ayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
REPORT FROM CLOSED SESSION
May
or Lopez reported the following:
• Direction was given to staff for item 16.
• The liability claim was rejected with a 5/0/0/0 vote.
ADJOURNMENT
The next (special) City Council Meeting will be held on May 28, 202 4 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
May 13, 2024
T
here being no further business, Mayor Lopez adjourned the meeting at 9:14 p.m. ___
__________________________
Javier Lopez, Mayor
___
_________________________
Fallon Martin, City Clerk
Co
nsistent with Council Policy, the minutes referenced above are in A ction Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.
ITEM 3
ITEM 3
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
DanielA. Martinez, Dist. 4
TO
MEETING DATE: May 28, 2024
FROM
CONTACT
SUBJEGT:
Mayor and City Council
Doug Dunford, City Manager
Shannon Esenwein, Finance Director
shannon.esenwein@ci. ceres. ca. us, (209) 538-5765
Register of Audited Demand(s) Dated May 2, 2024 through May 8, 2024
RECOMMENDED COUNCIL AGTION :
City Council approve the register of audited demand(s) dated May 2,2024 and May 8, 2024 covering obligations to be paid by general warrants #129826 through #129937 in the amount of $1,501 ,437.11 I. BACKGROUND:
ln accordance with Section 37202 of the Government Code of the State of California this is presented herewith a summary of demands against the City of Ceres covering obligations to be paid for the period ending May 8, 2024.
Each demand has been audited and I hereby certify to their accuracy and conformance with the budget. Sufficient funds are available for payment of these demands.
I declare under penalty of perjury that the register of audited demands has been examined by me and to the best of my knowledge and belief is a true, correct and complete listing of claims audited and payable.
Approved
Shannon Esenwein, Finance Director
Attachments:
1. Warrant Register May 2,2024 through May 8, 2024
ITEM 4
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check #
129826
Date
05102t24
VND # Vendor Name
5789 ADF PROTECTION SERVICES
lnvoice #
4045
6767
6771
PO#
22200398
22300085
lnvoice Description
2124124 SECURITY SVCS CC EVENT LRG RM
Total:
INFIELD & TURF RENOVATIONS COSTA FIELDS RESO24.18
Total:
FIRST AID & EAR PLUGS
Total:
MAY24-JUL24 QRTRLY WWTP HEADWORKS ALARM MONITORING
Total:
MAR 24 TRAFFIC SIGNAL MAINT RESPONSE
Total:
MAR 24 CRWQCB NPDES APP FOR WTR TREATMENT ENG SVCS
MAY 24 WATER MAIN AND SERVICE REPLACEMENT 2022
Total:
CA BLDG STANDARD FEE QE 313'II2O24
Amount
540.00
540.00
72,755.00
72,755.00
234.32
234.32
981.00
981.00
950.00
950.00
67.50 3,156.50
3,224.00
199.80
129827 O5IO2I24 5815 ARTIFICIAL TURF & LANDSCAPING
co.. tNc.
240601
129828 05t02t24 5626 ATCO MANUFACTURTNG CO.t0628505
129829 05t02t24 1284 BAy ALARM COMPANY3390042
129830 05t02t24 1289 BEAR ELECTRTCAL SOLUTIONS, tNC 22278 129831 05t02t24 1343 BLACK WATER CONSULTTNG
ENGINEERS, INC
129832 O5IO2I24 1438 CA BUILDING STANDARDS COMM MARCH 2024 5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check # Date VND # Vendor Namelnvoice #
129833 O5IO2I24 1441 CA DEPT OF TRANSPORTATIONsL240760
861 04
87637
84861
87687
88358
't70062001040124
PO#lnvoice Description
JAN-MAR 24 TRAFFIC SIGNAL MAINT SHARE OF COST
l14YD 5 SACK CONCRETE FENCE POST REPAIR
5 YARDS OF FILL SAND
FILL SAND FOR LEAK REPAIR
1 YD OF CONCRETE FOR SINKHOLE REPAIR @ DELLA DR
112YD OF SINKHOLE REPAIR AT DON PEDRO PARK
PROPANE FOR OFFICE BUILDING HEATING
2024 RADIOACTIVE MATERIAL LICENSE #7558-50
414-513124 SCADA FIBER OPTIC SVC CONNECTION
Total:
Total:
Total
Total
Total
Amount
199.80
749.86
749.86
135.47
193.45
182.07
210.85
157.14
878.98
811 .17
81't.17
2,606.00
2,506.00
360.00
129834 O5IO2I24 1462 CALIFORNIA LANDSCAPE SUPPLY,
tNc.
129835 05t12t24 1465 CALIFORNIA PROPANE023217
129836 05tl2t24 1547 CDPH- CA DEPT OF PUBLIC HEALTH 75013 129837 0st02t24 1606 CHARTER COMMUNICATIONS
5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check # Date VND # Vendor Namelnvoice #
129838 O5IO2I24 5795 CONDIT, GARY MATTHEWMAY 2024
129839 05102124 5799 DANTEL LOWE7218
129840 05t02t24 1818 DEL NERO. GARYMAY 2024
129841 05t02t24 1839 DEPT OF JUSTTCE ACCOUNTTNG
OFFICE- CASHIERING UNIT
726813
129842 05t02t24 5437 ELEVATOR TECHNOLOGY, tNC.93747
93746
129843 O5IO2I24 1991 FERGUSON US HOLDINGS, INC 5005329
PO#lnvoice Description
Total:
MAY PLANNING COMMISIONER COMPENSATION RESO#8g-.,I 83
Total:
COSTA FIELDS GATE MODIFICATION
Total:
MAY PLANNING COMMISIONER COMPENSATION RESO#8g-183
Total:
MAR 24 LIVE SCANS
Total:
ELEVATOR PREVENTATIVE MAINTENANCE FOR PD
ELEVATOR PREVENTATIVE MAINTENANCE FOR CCC
Total:
REPAIR PARTS
Total:
Amount
360.00
80.00 80.00
1,950.00
1,950.00
80.00 80.00
328.00
328.00
13s.00
135.00
270.00
25.52 25.52
5/14/202410;49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check #
129844
Date
05102124
VND# VendorName
1993 FERGUSON WATERWORKS#1423
lnvoice #
1847271
1 851 533
1846372
P3906601
P3926201
28682
K4D1 004
K4D1502
K4D1504
K4D1 503
PO#
22400053
lnvoice Description
HYDRANT METER & ADAPTORS
INSERT FOR WATER LINE REPLACEMENT STOCK
METER BOX RICHLAND APT
Total
FILTERS, SERVICE PARTS FOR TRACTOR UNIT #40-625-23
SERVICE PARTS, FITTERS, BRACKET REPAIR, HARDWARE
Total
FEB24 MORGAN RD STORM DRAIN IMPROVEMENTS FY23I24
Total
APR 24 WATER SAMPLE ANALYSIS W28 & 38
APR 24 WATER SAMPLE ANALYSIS DIST 13
APR 24 WATER SAMPLE ANALYSIS W28 & 38 NITRATE
APR 24 WATER SAMPLE ANALYSIS W39 & 40 NITRATE
Total
Amount
1,61 1.15
373.57
1,014.97
2,999.69
108.96
99.42 208.38
520.00
520.00
1,668.20
546.00
42.80 42.80
2,299.80
129845 05t02t24 2123 GARTON TRACTOR, INC
129846 05t02t24 2131 GDR ENGINEERING, lNC.
129847 O5IO2I24 2134 GEOANALYTICALLABORATORIES
5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check #
129848
Date
05to2t24
VND# VendorName
2225 GRAINGER
lnvoice #
9071612288
PO#lnvoice Description
HVAC FILTERS
HVAC FILTERS
Total:
WWTP VALVE & GLUE
Total
TEMP SVCS SECRETARY WE 4t14t24 (R.JOHNSON)
TEMP SVCS SECRETARY WE 4t21t24 (R.JOHNSON)
Total
CAMERA REPAIR TESTING
Total
MAY PLANNING COMMISIONER COMPENSATION RESO#8g-1 83
Total
MAY PLANNING COMMISIONER COMPENSATION RESO#8g-,183
Total
Amount
110.80
1 18.61
229.41
55.47 55.47
1,276.O0
1,276.00
2,552.00
184.60
184.60
80.00 80.00
80.00 80.00
9072044200
129849 O5IO2I24 2232 GREEN RUBBER-KENNEDY AGM-507798
129850 05t02t24 5661 KTRKMAN BECK, LLC39823
39894
129851 05t02t24 5303 JACK DOHENY COMPAN|ES, tNC. 227632 129852 05102t24 25',t0 JOHNSON. DAVTD J.MAY 2024
129853 05to2t24 2540 KACHEL, cuy ROBERTMAY 2024
5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/2024 10:49:54 AM
Check #
129854
Date
05102124
VND # Vendor Name
5819 FAMILIA CORDOBA INC
lnvoice #
05022024
42033923
42121765
42181732
521454160
521 41 0989
521410987
277959
383307
PO#lnvoice Description
EE RECOGNITION LUNCHEON 512124
3.10 TONS OF ASPHALT FOR CITYWIDE PATCHING
2.62 TONS OF ASPHALT FOR CITY WIDE PATCHING
1.96 TONS OF ASPHALT FOR CITYWIDE PATCHING
4122124 MATS FOR PW ADMIN BUILDING
4115124 UNIFORM SVCS FOR STREETS
4115124 UNIFORM SVCS FOR FACILITIES
CL2 WELL TREATMENT FOR #39 & #40
2I'I -3124124 SRgg/MITCH ELL RD/SVC RD I NTERCHANGE
Amount
3,541.61
3,541.61
244.88
208.63
156.68
610.19
10.00 57.03
283.57
350.60
1,018.39
1,018.39
123,000.81
123,000.81
129855 O5IO2I24 5557 MARTIN MARIETTA MATERIALS, INC
129856 05t02t24 5362 MtSS|ON LINEN SUPPLY
129857 05t12t24 3062 NORTHSTAR CHEMICAL
129858 05102124 3070 NVs, lNC.
Total:
Total
Total
Total
Total:
5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check #
1 29859
Date
05t02t24
VND # Vendor Name
3102 O'REILLY AUTO PARTS
lnvoice #
4452-388887
361 902941 001
360497037001
MAY 2024
041024
5204442
17074
7382
PO#lnvoice Description
SEAT BELT PW FORKLIFT #20-420-97
Total:
OFFICE SUPPLIES
TONER
Total:
MAY PLANNING COMMISIONER COMPENSATION RESO#8g-1 83
Total:
COMMUNITY CENTER BLINDS INSTALLATION
Total:
APR 24 PD SHREDDING
Total:
DOT TESTING RANDOMS
Total
WELL SITES- METOR PERFORMANCE YEARLY TEST
Amount
37.50 37.50
63.53 400.68
464.21
80.00 80.00
3,233.52
3,233.52
1 48.1 8
148.18
139.00
139.00
325.00
129860 O5IO2I24 5583 ODP BUSINESS SOLUTIONS, LLC
129861 05t02t24 5656 oTERO, CERTNA M.
129862 05t02t24 5812 PABLO OCEGUEDA
129863 05t02t24 5471 pAClFtC STORAGE COMPANY
129864 05t02t24 5126 PLEXUS GLOBAL LLC
129865 05t12t24 3253 POWER SERV|CES. tNC
5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check # Date VND # Vendor Name
129866 O5IO2I24 3277 PROVOST AND PRITCHARD
ENGINEERING, INC
129867 05t12t24 3324 RANDTK PAPER CO
lnvoice #
1 08464
226745
227038
227011
226368
226743
PO#
22400074
lnvoice Description
Total:
FEB 24 WELL 22 GRANULAR ACTIVATED CARBON (GAC) REM
Total:
CAN LINERS
CUSTODIAL SUPPLIES F/S #1
CUSTODIAL SUPPLIES
CUSTODIAL SUPPLIES
CUSTODIAL SUPPLIES
Total:
NEW HIRE BACKGROUND INVESTIGATIONS
Total
REPAIR ON CODE ENFORCEMENT VEHICLE
Total
NOV 23 MAINT WIRELESS NETWORK
Amount
325.00
5,132.50
5,132.50
717.83
451 .49
3,441 .24
329.13
137.72
5,077.41
3,008.38
3,008.38
1,975.09
1,975.09
1 ,100.00
129868 05t02t24 3330 RANK |NVEST|GAT|ON & PROTECTION, 21753 tNc.
129869 05t02t24 3335 RAYMOND R. LOPEZ1 0963
129870 05t02t24 3343 RAY'S RADTO SHOP lNC.52972
5/14/2024 10:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check# Date VND # Vendor Name
129871 05t02t24 3495 SAFE T L|TE OF MODESTO tNC
129872 05t02t24 3608 SHANE PARSON
129873 05t02t24 2483 SNS AUTOMATTON
lnvoice #
53090
53892
6501 9
52828
397113
397331
1 00581 1
P-2400034
P-2400007
4 2024-1
PO#lnvoice Description
DEC 23 MAINT WIRELESS NETWORK
JAN 24 MAINT WIRELESS NETWORK
FEB 24 MAINT WIRELESS NETWORK
MAR 24 MAINTWIRELESS NETWORK
(3) WATER JUGS, PK CHEMICALS, (2) BOXES OF GLOVES
SAFETY VEST & MEASURING WHEEL
EE RECOGNITION GIFT BAGS
HATS, SAFETY VESTS, JACKETS & EMBROIDERY
HATS, SAFETY VESTS, JACKETS & EMBROIDERY FOR WW
MAR 24 SCADA SYSTEM INTERGRATION
Total
Amount
1,100.00
1 ,1 00.00
1 ,100.00
1,100.00
5,500.00
830.38
279.30
1,109.68
720.39
4,463.61
380.58
5,564.58
9,545.00
9,545.00
Total
Total:
Total:
5/14/202410:49:54 AM
ITEM 4
Rwt.
*
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check #
129874
Date
05t02t24
VND # Vendor Name
3740 STANISLAUSCARDIOLOGY
lnvoice #
869975P369489
870989P369485
101210747
101210370
1 01 21 0091
52771
52789
52827
800680631 8
1 52359740-0001
PO#lnvoice Description
PRE-EMPLOYMENT MEDICAL STRESS TEST-POLICE OFFICERS
PRE-EMPLOYMENT MEDICAL STRESS TEST - POLICE OFFICE
Total:
NITRILE GLOVES
(1) DROP NOZZLE FOR HERBTCIDE SPRAYER
BLEND TURF SEED FOR DOG PARK
Total:
APR 24 DENTAL CLAIMS
APR24 DENTAL CLAIMS
APRIL 24 DENTAL CLAIMS
Total
BI-ANNUAL BIOHAZARD PICKUP
Total
AERATOR RENTAL FOR DOG PARK REHAB
Amount
225.OO
225.00
450.00
76.73 16.25
303.45
396.43
2,952.80
2,702 60
6,193.20
1 1,848.60
454.00
454.00
133.93
129875 O5IO2I24 3759 STANISLAUS FARM SUPPLY INC
129876 O5IO2I24 3760 STANISLAUS FOUNDATION DENTAL
CARE TRUST ACCOUNT
129877 05t02124 3777 STERICYCLE, INC
129878 05t12t24 3801 SUNBELT RENTALS, lNC.
5/14/202410:49:54 AM
ITEM 4
xw
*
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check # Date VND # Vendor Namelnvoice #
129879 05t02t24 3848 THE SHERWTN-W|LL|AMS CO. STORE 6311-6 #8149
129880 05t02t24 5358 TROPHY WORKS. rNC91 6440
91 6539
129881 05102t24 3966 VALLEY TrRE SALES. tNC1 0561 6
1 05780
105779
105842
1 05559
105547
129882 05t02t24 4112 WTLLEY pRtNTtNG CO., tNC150202
PO#lnvoice Description
PAINT
SERVICE AWARD PLAQUES
NAME PLATES FOR COUNCIL MEETINGS
(2) TURF TTRES & (2) PURSUTT TrRES
TUBE AND FLAT REPAIR TRACTOR #30-418-23
(4) TURF TIRES RETURNED
(4) POLTCE PURSUTT TTRES
PW JOHN DEERE BACK HOE REPAIRS
WHEEL FOR PARKS MOWER TRAILER
WINDOW ENVELOPES FOR PUBLIC WORKS
Total
Total:
Total:
Total
Amount
133.93
242.73
242.73
130.60
636.69
767.29
'1,088.37
83.09 -815.29
546.14
131.72
59.64 1,093.57
112.71
5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check # Date VND # Vendor Name
129883 05t08t24 1039 ADTECH tNC
129884 05t08t24 1068 ATRGAS USA, LLC
129885 05t08t24 1098 AL'S CERTIF|ED SAFE & LOCK
129886 05t08t24 5391 AMAZON CAPTTAL SERV|CES, tNC
lnvoice #
381264
9148910171
2681 61
2681 1 9
1196-WW63-3VJP
1RN3-7XLg-WXKM
16YN-W4JN-1 P19
1 C7F-13F3-46J1
lQJT-CPP3-3DWV
1 9H6-FFQL-G43X
PO#lnvoice Description
MAY 24 SCADA SERVER MONTHLY MONITORING
OXYGEN FOR TORCH
SERVICE CALL F/S#1
SERVICE CALL FOR FIRE ALARM @ WHITMORE HOUSE
BREAKROOM COPY/FAX FEEDER
BANDAIDS, FIRST AIDS SUPPLIES FLEET SHOP
AIR FILTER GAUGE #20-266-20 STREETS VACCON
DOUBLE-FACE MARKER LIGHTS #40-645.23 PARKS
OIL PUMP FOR FLEET SHOP
SAFETY GLASSES FLEET SHOP
Total
Total
Total
Total
Amount
112.71
100.00
100.00
81 .91
81.91 518.00
141 .00
659.00
309.94
60.12 33.48
38.48 38.87
78.08 5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check # Date VND # Vendor Namelnvoice #
129887 O5IO8I24 1140 ANIMAL DAMAGE MANAGEMENT INC 7926C 129888 05t08t24 1185 AT&T000021 592905
129889 05t08t24 s561 AUTOMATTONDTRECT.COM1 641 0339
129890 05t08t24 1289 BEAR ELECTRTCAL SOLUTTONS, tNC22194 22445
129891 O5IO8I24 1343 BLACK WATER CONSULTING
ENGINEERS, INC
6765
6761
PO#lnvoice Description
22400058 APR 24 PEST CONTROL SERVICES RESO 22-134 FY23-24 3120-4119124 PHONE SVCS MULTIPLE LINES
REPLACEMENT HMI'S FOR LIFT STATIONS
MAR 24 TRAFFIC SIGNAL ROUTINE
KNOCKDOWN POLE REPAIR WHITMORE/BLAKER RD
Total
Total
Total
Total:
Total:
Total
Amount
558.97
6,505.00
6,505.00
368.18
368.18
2,997.65
2,997.65
3,028.00
6,406.50
9,434.50
221 .50
299.00
520.50
93.76 129892 O5IO8I24 1443 CA STATE DEPT OF CONSERVATION MARCH 2024 '10331
22400075
MAR 24 STORM DRAIN MASTER PLAN FY18
MAR 24 SDMP CEQA INITIAL STUDY/MITIGATED NEGATIVE
sMr FEES QE3t31t2024
5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check # Date VND # Vendor Name
129893 O5IO8I24 1462 CALIFORNIA LANDSCAPE SUPPLY,
tNc
129894 05t08t24 5753 AMANDA FENTON
129895 05tj8t24 1570 CERES LIONS CLUB
129896 05t08t24 1623 CHOTCE LIGHTING SUPPLY
lnvoice #
88360
8831 0
88342
88276
88352
88353
2024CAP115
1 8098/1 8344/1 81 95
351761
352181
PO#lnvoice Description
FIBER FOR STRAWBERRY PARK
TOP SOIL FOR THOMAS AVE LEAK SERVICE LINE RPLCMNT
RED WOOD CHIPS
50 LBS BAG WEED & FEED, STAPLES FOR COMM CNTR
ROWWOOD CHIPS
ROWWOOD CHIPS
22400037 APR 24 FEDERAL ADVOCACY & GRANT WRITING SVCS
C PERRY: OCT 23-JUNE 24 DUES
LIGHT BULBS
LED LIGHT BULBS
Total
Total:
Total:
Total
Amount
93.76 159.31
4't.18
162.13
525.98
243.19
243.19
'1,374.98
5,600.00
5,600.00
225.O0
22s.00
997.30
537.08
5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check # Date VND # Vendor Name
129897 05t08t24 1644 C|TY OF MODESTO
129898 05t08t24 1672 CONCO WEST rNC.
129899 05t08t24 5581 CORE & MA|N LP
129900 05108t24 1733 CRESCENT SUPPLY
253025-234516 FEB24 22400013 1t31-2t29t24 NORTH CERES SEWER SERVTCES Fy23t24 lnvoice #
351917
2040
2025
2002
u61 6796
K1 371 0
K13711
070955
PO#
22400089
22400089
22400089
lnvoice Description
LED LIGHT F/S#2
WELL 22 GAC TREATMENT PROJ P23-OO8 RESO24-OO1 FY24
MAR 24 WELL22 GAC TREATMENT PROJ RESO24-OO,I FY24
FEB 24 WELL 22 GAC TREATMENT PROJ RESO24-OO1 FY24
COUPLINGS FOR SERVICE TRUCK
ACADEMY RECRUIT UNIFORM - CARTER
UNIFORM FOR ACADEMY RECRUIT - PERRY
UNIFORM TAILORING - OFFICER KESSLER
Total
Total
Total
Total
Total
Amount
250.36
1,784.74
132,762.83
't32,762.83
202,502"00
78,137.50
26,600.00
307,239.50
343.55
343.55
25.03 25.03
56.58 106.64
5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check #
1 29901
Date
05t08t24
VND # Vendor Name
1793 DAVID LANGLEY INC.
lnvoice #
6883-290rNV
PO#lnvoice Description
FEB 24 JANITORIAL SVCS COMM CNTR ROTARY P7539 2124
MAY 24 JANITORIAL SVCS COMM CNTR
Total:
PVC- ADAPTERS FOR STOCK
Total:
APR 24 DOWNTOWN BUSINESS LANDSCAPING SVCS FY23I24
Total:
(6) STRING TRIMMER REPLACEMENT HEADS
Total:
4115-25124 GET FIT/ZUMBA GOLD CLASSES
Total:
Total:
Amount
125.00
5,515.25
5,540.25
234.99
234.99
1,820.00
1,820.00
174.69
174.69
286.00
286.00
3,600.00
3,600.00
2,794.12
14684-290
129902 O5IO8I24 2232 GREEN RUBBER-KENNEDY AGM-508124
129903 05t08t24 2246 GROVER LANDSCAPE SERV|CES, rNC 0325855 129904 O5IO8I24 2399 HUGHSON FARM SUPPLYH489986
129905 05t08t24 5272 JANA KTRCHERT
129906 05t08t24 5685 JEREMY DAMAS04.2024.2
129907 05t08t24 2763 MANCO568680
22400017
22300103 4115-28124 PW PROJ MANAGEMENT & CONSULTATION
22400076 REPLACEMENT RADIO AT WELL 34
094
5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check# Date VND # Vendor Name
129908 O5IO8I24 5557 MARTIN MARIETTA MATERIALS, INC.
129909 05t08t24 1001 CHRTS PERRY
'129910 05108124 '1001 MAR|A VTVEROS HAYES
129911 05t08t24 1001 PREMTLA RAM
129912 05t08t24 5599 TW ASSOCTATES, LLC
lnvoice #
42208876
42146206
42135477
42155848
c.PERRY 5t19-22t24
167330'120-1 1 5654
186210020-117847
32731821563
PO#lnvoice Description
1.04 TONS OF ASPHALT FOR CITYWIDE PATCHING
1,49 TONS OF ASPHALT FOR CITYWIDE PATCHING
2.09 TON OF ASPHALT FOR CITYWIDE PATCHING
2.03 TONS OF ASPHALT FOR CITYWIDE PATCHING
C.PERRY: PER DIEM CA POLICE CHIEFS ATS 5119-22t24
WASH|NG MACHTNE REBATE @2044 TRAVESTA LN
TURF REBATE @ 3305 GOLF L|NKS RD
(2) CL2 PUMPS
Total:
Total:
Total:
Amount
2,794.12
89.32 121 .70
166.36
161 .89
539.27
312.50
312.50
75.00 75.00
500.00
500.00
5,559.94
5,559.94
Total
Total
Total
5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check #
1 2991 3
Date
05t08t24
VND # Vendor Name
5362 MISSION LINEN SUPPLY
lnvoice #
521460832
521454162
254113
CRXMP
202403-1292
4157018
4241006
230351 1
2814106
2820207
PO#
22300066
22400048
22300091
22400054
22400038
lnvoice Description
4122124 UNIFORM SVCS FOR PARKS
4122124 UNIFORM SVCS FOR FLEET
BATTERIES
PAINT FOR SMYRNA PARK
ANNEX 1 TO CFD PARCEL 2 -2 LOT SUB CONSULTING SVCS
Amount
88.76 31 .95
120.71
230.33
230.33
527.47
527.47
2,445.00
2,445.00
1,978.64
13,222.50
4,256.00
1,117.00
7,040.50
129914 05t08t24 2943 MODESTO BATTERY CO
129915 05t08t24 2944 MODESTO COLOR CENTER
129916 05t08t24 3039 NBS GOVT FTNANCE GRP tNC
129917 05to8t24 3088 0'DELL ENGTNEERTNG
Total
Total
Total
Total
APR 24 SMYRNA PARK IMPROVEMENTS FY22I23
3t4-4t7t24 WHTTMORE AVE REHAB PROJ STPL(o75) FY24
314-417124 OCHOA PARK IMPRVMNTS PH 2 DESIGN SVCS
314-417124 PARKS & REC MASTER PLN RESO23.123 FY24
314-417124 WHITMORE PRK GAZEBO PLANS/SPECS UPGRADE
5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check # Date VND # Vendor Name
129918 05t08t24 3102 o',REtLLY AUTO PARTS
129919 O5IO8I24 5583 ODP BUSINESS SOLUTIONS, LLC
lnvoice #
4452-389909
4452-391411
4452-391554
4452-391472
4452-351553
4452-391740
362927696001
360995066001
360968524001
360968524002
362696271001
PO#lnvoice Description
FLEET OIL FOR STOCK
OIL FOR STOCK
FUEL FILTERS FOR STOCK
OIL STOCK RETURN
WHEEL VALVE STEMS
WHEEL VALVE STEMS
TONER
TONER & LEGAL PADS
OFFICE SUPPLIES FOR BLDG & PLANNING
OFFICE SUPPLIES, FILE FOLDERS
OFFICE SUPPLIES BINDERS AND PENS
Total:
Total:
Amount
27,614.64
715.21
119.20
94.87 -119.20
46.07 7.39
863.54
247.70
91.38 36.96
17.33 75.98
469.35 Total
5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check #
129920
Date
05t08t24
VND # Vendor Name
3124 OUTDOOR CREATIONS, INC
lnvoice #
11021
PO#
22400074
lnvoice Description
CUSTOM ENGRAVED CEMENT PLAQUE FOR SMYRNA PARK
Total:
WWTP PARKSON SCREEN BEARINGS (REPLACEMENT)
Total:
SEMIGLOSS PAINT
Total:
MAR 24 WELL22 GRANULAR ACTIVATED CARBON (GAC) REM
Total:
DEGRENDELE P7622 415124 RFND RIVER BLUFF FLD 2
Total:
SEXTON P7865 3126124 RFND CC LRG RM
Total:
RIVER OAKS CONGREGATION P7580 3124124 RFND CALMB
Total:
Amount
2,192.44
2,192.M
1,057.76
1,057.75
61.96 61.96
4,218.65
4,218.65
1,000.00
1,000.00
1,000.00
1,000.00
600.00
600.00
129921 05t08t24 3156 PARKSON CORPORATTONAR1/51039801
129922 05t18t24 5449 PPG ARCHTTECTURAL F|N|SHES, tNC. 808420000728 129923 O5IO8I24 3277 PROVOST AND PRITCHARD
ENGINEERING, INC
109417
129924 O5IO8I24 1OO4 MICHAEL DEGRENDELE686951 92
129925 05to8t24 1004 PAM SEXTON68743301
129926 05to8t24 1004 RTVER OAKS CONGREGATTON OF
JEHOVA'S WITNESSES
68731 360
5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Gheck #
129927
Date
05108t24
VND # Vendor Name
3495 SAFE T LITE OF MODESTO INC
lnvoice #
396546
N 1 62679
N 1 62574
4 2024-2
R23-566049
R23-566051
PO#lnvoice Description
SIGNS FOR CHEMICALS ON SITE
ANNUAL GENERATOR PERMIT FACILITY F/S#4 N8532
ANNUAL GENERATOR PERMIT PD #N4972
APR 24 SCADA SYSTEM INTEGRATION RESO22-05
4TH QUARTER DEBT SERVICE ANIMAL CONTROL
4TH QUARTER OPERATIONAL COSTS
Amount
145.89
145.89
160.00
160.00
167.00
167.00
9,200.00
9,200.00
11,011.00
161 ,829.50
172,840.50
479,735.04
479,735.O4
2,195.11
129928 05t08t24 3677 SJVAPCD
129929 05to8t24 3677 SJVAPCD
129930 05t08124 2483 SNS AUTOMATTON
129931 O5IO8I24 3737 STANISLAUS ANIMAL SERVICES
AGENCY
129932 O5IO8I24 5782 STOCKBRIDGE GENERAL
CONTRACTING,INC
129933 05t08t24 5676 TL ENGTNEERTNG
Total:
Total:
Total
Total
Total
Total
APP NO, 2 REVISED 22400079 MAR 24 OCHOA PARK IMPROV PH II CONST SVCS FY24 146222400039 APR 24 TRAFFTC STGNAL |MPRVMNTS HStpSL-5241(077) 5/14/202410:49:54 AM
ITEM 4
Voucher List
City of Ceres
5/14/202410:49:54 AM
Check # Date VND # Vendor Namelnvoice #
1461
PO#
22400056
lnvoice Description
ApR 24 HSTPSL (076) MEDTAN TNSTALL RESO23-129 FY24
Total
Total
Total
Total
Total:
Total vouchers:
Amount
1,617.45
3,812.56
293.12
771 .17
1,064.29
7,178.50
7,178.50
9,019.00
9,019.00
1,825.00
1,825.00
1,501 ,437 .1'l
129934 O5IO8I24 3966 VALLEY TIRE SALES, INC1 05932
1 05933
129935 05tj8t24 4090 WEST COAST ARBORISTS, lNC.213804
129936 05t08t24 4095 WEST YOST & ASSOCTATES2057865
129937 05t08t24 5814 WMB ARCHTTECTS tNC.25628
112 Vouchers in this report
(2) TTRES FOR WTR CONSERVATTON VEHICLE #36-115-17
(4) T|RES FOR POOL VAN FLEEr
311-15124 TREE SVC REQUEST & EMERGENCIES
22400049 319-415124 WATER MASTER PLAN RESO23-125 FY23I24 22400088 3t21-4t20t24 CITY ENG SVCS PROJ AGRMNT #1
5/14/202410:49:54 AM
ITEM 4
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: May 28, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran, PE, City Engineer
[email protected], (209) 538-5775
SUBJECT: Resolution No. 202 4-XXX, Adopting a List of Projects for Fiscal Year 2024-25 Funded by SB 1: The Road Repair and Accountability Act of 2017
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council approve the FY 2024-2025 project list to be funded by (SB) 1, “The Road Repair and Accountability Act of 2017.”
I. BACKGROUND:
On April 28, 2017, the Governor signed Senate Bill (SB) 1, which is known as the Road Repair and Accountability Act of 2017. The primary focus of that Bill is to address basic road maintenance, rehabilitation, and critical safety needs on both the state highways and local streets and road systems. One of the criteria for funding requires cities to submit an approved project list to the California Transportation Commission . The proposed project list must be adopted by Council and included into the FY 2024-25 budget to be eligible for funding.
Beginning November 1, 2017, the State Controller’s Office will deposit various portions of this funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). These funds will be distri buted to the State, Counties and Cities in monthly installments. Ceres is estimated to receive $1,253,974 for FY 2024-25 to expend on local projects (Exhibit A).
The attached Exhibit A identifies the project title, location, estimated cost, estimated start date, estimated completion date and life expectancies of the improvements.
II. REASONS FOR RECOMMENDATION:
SB1 requires that cities identify projects and incorporate projects into budget prior to receiving SB1 funding.
ITEM 5
III. FISCAL IMPACTS:
It is estimated that the City will receive and expend approximately $1,253,974 in SB1 funding in FY 2024-25.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.
V. POLICY ALTERNATIVES:
Council approval of the project list is required prior to consideration and approval by the California Transportation Commission. The City Council can choose to not approve SB1 funding for these projects. This is not recommended as the intended projects would be underfunded.
VI. INTERDEPARTMENTAL COORDINATION:
This project has been coordinated with the Public Works Department.
VII. PUBLIC PARTICIPATION:
There were no outreach meetings for this funding.
VIII. ENVIRONMENTAL REVIEW:
This project is a CEQA Categorical Exemption as per Section 15301(c) Existing Facilities.
IX. STEPS FOLL
OWING APPROVAL:
Submit project requirements for SB1 funding and incorporate into FY 2024-25 budget.
Approv
ed by: __________________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution
ITEM 5
ATTACHMENT A
RESOLUTION NO. 2024-XXX
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1:
THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
THE CITY COUNCIL
City of Ceres
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our C ity are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $ 1,253,974 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities’ priorities for transportation investment; and
ITEM 5
ATTACHMENT A
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate one (1) street and add active transportation infrastructure totaling approximately four (4) lane miles throughout the City this year and many similar projects into the future; and
WHEREAS, the 20 21 California Statewide Local Streets and Roads Needs Assessment found that the City ’s streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting- edge technology, materials , and practices, will have significant positive benefits to the City, Neighboring Cities and regionally.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Ceres, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in- part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:
Each NEW Project Proposed MUST Include:
Project Title: Crows Landing Road Rehabilitation
Project Description: Reconstruction of Pavement Section, construction of new sidewalks and curb ramps
Project Location: Service Road to Whitmore Avenue
Estimated Project Schedule: Start (01/25)– Completion (12/26) based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 years
3. The following previously proposed and adopted projects may also utilize Fiscal Year 2024 -25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
Each Relisted Project Previously Proposed MUST Include:
Project Title: Whitmore Ave Pavement Rehabilitation
Project Description: Pavement, curb ramp, and sidewalk reconstruction ITEM 5
ATTACHMENT A
Project Location: Crows Landing Road to Morgan Road
Estimated Project Schedule: Start (12/23)– Completion (12/25) based on the component being funded with RMRA funds
Estimated Project Useful Life: 10-15 years
Project Title: Moffett Road Rehabilitation
Project Description: Overlay/reconstruction of Pavement, curb ramps, and sidewalks
Project Location: Whitmore Avenue to Hatch Road
Estimated Project Schedule: Start (08/23)– Completion (12/25) based on the component being funded with RMRA funds
Estimated Project Useful Life: 10-15 years
PASSED AND ADOPTED by the Ceres City Council at a special meeting thereof held on the 28
th day of May 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_____________________________
Fallon Martin, City Clerk
ITEM 5
ITEM 5
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: May 28, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Joey Chavez, Recreation Manager
[email protected], (209) 538-5682
SUBJECT: Re solution No. 2024-XXX, Approving the Application for the Urban and Community Forestry Grant Program of the California
Department of Forestry and Fire Protection
RECOMMENDED COUNCIL ACTION:
Staff recommends City Council approve the application for the Urban and Community Forestry Grant Program as it represents a valuable opportunity to enhance our city’s landscape while utilizing external funding sources. Your approval will pave the way for the realization of a greener, more vibrant urban environment for current and future generations to enjoy.
I. BACKGRO
UND:
The pr
oposed project aims to enhance the aesthetic appeal and environmental sustainability of our city by implement ing strategic landscaping initiatives in key public areas. These initiatives include planting of native trees and shrubs, installation of sustainable irrigation systems, and creation of green spaces for the community enjoyment. By strategically incorporating shade- providing trees and structures , the project will offer relief from the sun’s harsh rays, particularly during the hot summer months, thereby fostering a more inviting and comfortable environment for children and families to gather, play and engage in outdoor activities. This provision of shade not only promotes physical comfort but also encourages greater utilization of the park and public spaces, facilities social interaction and supports the overall health and well- being of our community members.
By
approving this resolution, the council will enable the utilization of grant funds to finance the project, ensuring minimal financial impact on the city budget. Total grant is up to $1.5 million, the City will be asking for Eight Hundred Thousand. Additionally, granting authority to plan and implement the landscaping project will facilitate efficient execution and timely completion.
ITEM 6
II. REASONS FOR RECOMMENDATION:
The benefits of this project are multifold. Not only will it contribute to the beautification of our city, but it will also improve air quality, provide habitat for wildlife, and promote a sense of community pride. Furthermore, investing in sustainable landscaping practices aligns with our city’s commitment to environmental stewardship and resilience.
III. FISCAL IMPACTS:
The fiscal impacts of adopting the resolution to approve the expenditure of grant funds for city landscaping would largely be positive. By leveraging grant funds for the project, the city can minimize direct financial outlays for its budget, thereby reducing strain on municipal finances.
Additionally, the implementation of the proposed landscaping initiative may lead to long- term cost savings. For example, installation of sustainable irrigation systems can reduce water consumption and associated costs over time. Moreover, the enhancement of public spaces through landscaping can potentially increase property values, leading to higher tax revenues for the city.
However, it is important to consider any potential maintenance costs associated with the new landscaping features. While native plants and sustainable landscaping practices can often require less maintenance than traditional landscaping, there may still be ongoing expenses for upkeep and landscaping staff.
Overall, the fiscal impacts of the resolution are favorable, with the potential for upfront saving and long- term financial benefits for the city.
IV. E
XISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
Livable Community: Ensure the City has plans and policies in place to attract and create desirable development, maintain, and improve neighborhoods and annex land to achieve a livable community and support a strong economy.
V. P
OLICY ALTERNATIVES :
The Council could decide to not apply for grant.
VI. I
NTERDEPARTMENTAL COORDINATION:
Interdepartmental coordination would be essential for the successful planning and implementation of the proposed City landscaping project. Given the multifaceted nature of the project, collaboration among various city departments is crucial to ensure efficiency and alignment with broader municipal goals. Examples: Parks department would play a central role in overseeing the design and execution of the landscaping initiatives, leveraging their expertise in park management and horticulture. They would work closely work closely with the Public Works department to assess the feasibility of prosed landscaping plans and coordinate any necessary infrastructure improvements, such as irrigation system installations or pathway enhancements.
ITEM 6
Furthermore, collaboration with the Finance Department is essential to manage the allocation of gran funds and track project expenditures to ensure accounting and compliance with funding requirements.
Other departments, such as Planning and Development, may also be involved to provide guidance on sustainability practices, environmental impact assessments, and zoning regulations.
By fostering interdepartmental coordination, the city can streamline decision making processes, optimize resource allocation and maximize the overall effectiveness for the landscaping project. This collaboration approach ensures that the project meets the diverse needs of the community while prompting synergy across different areas of municipal governance.
VII. P
UBLIC PARTICIPATION:
N/A
VIII. EN
VIRONMENTAL REVIEW :
The environmental review process for the proposed city landscaping project would involve assessing the potential environmental impacts of the planned initiatives and identifying measure to mitigate any adverse effects. Key components of the environmental r eview would include Impact Assessment; Mitigation Measures; Compliance with Regulations; Public Input and Engagement; and Documentation and Reporting.
By conducting a comprehensive environmental review, the city can ensure that the landscaping project proceeds in an environmentally reasonable manner, minimizing harm to natural resources and ecosystems while enhancing the overall sustainability and resilience of the community.
The project is CEQA Categorically Exempt per Section 15301 Class 1 (h) Maintenance of existing landscaping and native growth.
IX. ST
EPS FOLLOWING APPROVAL :
Upon approval from Council, Staff will proceed with the application for the Urban and Community Forestry grant program . If awarded, the item will return to council for acceptance of the grant.
Approved by: ____________________________
Douglas D. Dunford,
City Manager
Attachments:
A. Attachment A – Resolution
B. Attachment B – Grant Report Requirements
C. Attachment C – Application
ITEM 6
ITEM 6
ATTACHMENT A
RESOLUTION NO. 2024 -XXX
APPROVING THE APPLICATION FO R THE URBAN AND COMMUNITY
FORESTRY GRANT PROGRAM OF THE CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION
THE CITY COUNCIL
City of Ceres
WHEREAS, the Governor of the State of California in cooperation with the State Legislature has appropriated General Funds for the state’s urban forestry programs; and
WHEREAS, the State Department of Forestry and Fire Protection has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies and non- profit organizations under the program, and
WHEREAS, said procedures established by the Department of Forestry and Fire Protection require the applicant to certify by resolution the approval of application before submission of said application to the State; and
WHEREAS, the applicant will enter an agreement with the State of California to carry out an urban forestry project;
NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL:
1. Approved the filing of an application for the Urban and Community Forestry grant program funds; and
2. Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and,
3. Certifies that funds under the jurisdiction of the CITY COUNCIL are available to begin the project.
4. Certifies that said applicant will expend grant funds prior to March 30, 2026.
5. Appoints DOUGLAS D. DUNFORD, or a designee, as agent of the CITY COUNCIL to conduct negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project.
ITEM 6
ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a special meeting thereof held on the 28th day of May by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_______________________________
Fallon Martin, City Clerk
ITEM 6
ATTACHMENT B
APPENDIX D – Grantee Progress Reporting
The required invoice, reporting forms, and spreadsheets will be distributed to the grantee once a grant agreement has been finalized. Invoicing and progress reporting will occur on a quarterly basis every three months (March 31
st, June 30th, September 30th, and December 31st) unless the assigned CAL FIRE Regional Urban Forester approves a request or requires a different reporting standard. For each report, the grantee will be required to report:
Financial
• Grant funds expended for the reporting period and to date for the grant. • Total funds expended for the reporting period and to date for the grant.
Tree Planting
• The number of trees planted in the reporting period and to date for the grant, and/or any other plants planted in the reporting period and to date for the grant. • Minimum Data Collection Attributes Spreadsheet (MDCA) will be provided to grantee. MDCA tree data to be reported for each reporting period and the project to date includes:
o Unique tree number identifier, tree funder, scientific name, street address, other location information, city or urban area, ownership type, latitude, and longitude (x/y coordinates), census tract, priority population (DAC/LIC) status, date planted, tree stock size, and the type of growing space.
• A description of all tree and plant maintenance activity completed during the reporting period.
Project Benefits
• The net GHG benefit (metric tons CO2e) for the reporting period and the grant to date. • Quantification (when possible) and description of co-benefits for the reporting period. o Greenhouse Gas Reduction Benefits Calculator
o CARB's Job Co-Benefit Modeling Tool
Partnerships
• A description of the role of project partners during the reporting period and any challenges or successes derived from the partnerships.
Priority Populations
• A list of the disadvantaged and/or low-income census tracts worked within during the reporting period (per CARB Guidance).
Scope of Work & Deliverables
• A general description of activities, events, or milestones completed during the reporting period. • Any planned events or milestones expected for the next reporting period. • A description of any challenges faced and if the challenges were overcome. • Planned events and future planned activities or milestones.
Grant Products
• Representative project photos and/or maps.
• Grant products produced (ex: educational materials, event fliers, meeting attendance sheets, reports, etc.)
58 ITEM 6
ITEM 6
ATTACHMENT C
California Department of Forestry and Fire Protection (CAL FIRE) Urban and Community Forestry
IRA Urban and Community Forestry 2024
Grant Type
Please select the grant type you are applying for. *
● Urban Forest Expansion & Improvement
● Urban Forest Management Activities
● Urban Forestry Education and Workforce Development
● Urban Forestry Regional or Statewide Impact
● Urban Forest Equity Capacity Building
● Green Schoolyards
Applicant Information
Primary Project Contact (First and Last Name) *
The application should be submitted by the individual that will be actively managing or have an administrative role associated with the grant project should the project be selected for funding.
Organization *
Title *
Email *
Phone Number *
ITEM 6
ATTACHMENT C
Secondary Project
First and Last Name
Doug Dunford
Organization
City of Ceres
Title
City Manager
Email
[email protected]
Phone Number
(209) 538-5751
Organization Information
Organization Name*
City of Ceres
Organization Legal Address *
2220 Magnolia Street
City *
Ceres
State *
California
ITEM 6
ATTACHMENT C
Zip Code *
95307
Organization Website
https://www.ci.ceres.ca.us/
Congressional District *
CA-13
Please use My Congressional District l ink to determine your district.
Authorized Representative/Signatory
First and Last Name *
Doug Dunford
Title *
City Manager
Email *
[email protected]
Phone Number *
(209) 538-5751
ITEM 6
ATTACHMENT C
Business, Finance, or Accounting
Representative
First and Last Name *
Title *
Email *
Phone Number *
Did your agency receive a National Inflation Reduction Act grant award from the USDA Forest Service Urban and Community Forestry Program in 2023? * Yes
No
If yes, please include the award amount and a brief project description.
Word Count: 250
Upload IRS Determination Letter of 501(c)(3) status, if applicable Documents and/or pictures need to be combined and uploaded as a single PDF.
Select a file
ITEM 6
ATTACHMENT C
Upload proof that the project area, population, or community served through this project is identified as a priority population, disadvantaged and/or low-income per one of the tools listed on page 11 of the IRA Grant Guidelines * Documents and/or pictures need to be combined and uploaded as a single PDF.
Select a file
Project Introduction
Project Title *
Brief Project Description *
Word Count: 250
What is your primary source of technical advice? *
Word Count: 250
List the principal professional(s) full name, organization, title, email, phone number, and a brief description of their role informing or supporting your site design or project.
Partner Information
List the primary partners, including full name, organization, title, email, and phone number of key representatives supporting the project. Briefly describe the project tasks/activities each partner will be involved with. *
Word Count: 750
Upload signed letters of commitment from all primary partner organizations. * ITEM 6
ATTACHMENT C
Projects must have a commitment for active participation from one or more of the following: residents, local business, local nonprofit group, or local government. Multiple letters of commitment should be compiled into one PDF document.
Select a file
Project Information
Project Background *
Word Count: 500
Which specific community needs, problems, or issues does the project seek to address? Project Goals *
Word Count: 500
What are the goals of the project?
Project Objectives *
Word Count: 750
What are the objectives of the proposed project? Describe the specific activities and steps taken to achieve the overall goals of the project.
Project Scope of Work *
Word Count: 750
Describe the approach to be used. Include who will be involved with specific tasks and justify why the approach, methods, and implementation are the most effective way to accomplish the objectives.
Project Deliverables *
Word Count: 500
ITEM 6
ATTACHMENT C
Describe the specific and/or measurable accomplishments this project will achieve when completed, demonstrating effective use of the grant funds.
Project Education, Outreach and Community Engagement Plan *
Word Count: 500
Describe how the community within the project area will be authentically engaged in the project. Who will benefit once the project is completed, and how will your organization collaborate with them? Project Timeline *
Word Count: 250
Provide a general project timeline. Do not list specific dates or months due to uncertainty in when projects may begin. Plan on projects ending no later than March 31, 2028.
Project Co-Benefits *
Stormwater Reduction
Improved Water Quality
Improved Air Quality
Improved Public Health
Reduced Urban Heat Island Effects
Improved Urban Forest Management
Community Engagement with Planting and/or Maintenance
Climate Change Adaptation
Urban forestry job creation and job training
Job creation and/or training for residents of a priority population, disadvantaged, or low-income community or households.
Project employs sub-contractors that are based within the disadvantaged or low- income communities being served.
Long-term access to nature and natural shade
Outdoor classrooms and learning opportunities
Improved collaborative play and social development of students Increased environmental literacy
Food production
Staff training
Educational tools/media products
Wildlife habitat
Other
ITEM 6
ATTACHMENT C
Describe and/or quantify any co-benefits and describe how they will be achieved. *
Word Count: 500
Green House Gas (GHG) Methodology
Project Budget Information
All applicants must complete the Budget Worksheet and Budget Narratives in order for an application to be accepted. Please fill out the Budget Worksheet and Budget Narrative directly in eCivis.
See pages 49-55 of the IRA Grant Guidelines for detailed descriptions on Eligible Costs, Budget Worksheet and Narrative requirements.
Does your organization or agency have a Negotiated Indirect Cost Rate Agreement (NICRA) with the federal government? *
Yes
No
Upload Negotiated Indirect Cost Rate Agreement, if applicable.
Documents and/or pictures need to be combined and uploaded as a single PDF.
Select a file
Does your organization anticipate requesting Advance Payments from CAL FIRE to implement the proposed project due to cash flow needs? * Yes
No
Certification and Forms
To access the following forms, go to the CAL FIRE Urban Forestry Website. All forms need to be uploaded as a PDF.
ITEM 6
ATTACHMENT C
Does your organization currently have active registration at SAM.gov? If yes, please upload proof active status showing Unique Entity ID (UEI), and provide the expiration date. Active registration at SAM.gov will be required upon grant award and agreement, but applicants can upload proof of active status during application submission, if applicable. CAL FIRE recommends starting the registration or renewal process as soon as possible, as it can take 90+ days.
Upload proof of active status at SAM.gov
Select a file
Fill in expiration date for active SAM.gov registration Upload Payee Data Record form (STD. 204) *
Select a file
Upload Nondiscrimination Compliance Statement form (STD. 19) * Select a file
Upload A Drug-Free Workplace Certification form (STD. 21) * Select a file
Upload CAL FIRE's Environmental Checklist *
Select a file
Upload Urban Forestry Grants Resolution *
Fully signed resolutions are not required until a grant award and grant agreement is issued, but applicants are required to submit either a draft or signed resolution during application submission.
Select a file
Upload Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions (AD-1048) * Select a file
Certification of Party Responsible for Establishment Care - For any trees planted through this project, I certify that we will either provide or ensure commitment to tree maintenance for a minimum of 3 years after the end of the grant period in accordance with ANSI A-300 tree care standards, the accompanying ISA Best Management Practices, and the standards outlined in the grant agreement and/or grant attachments with CAL FIRE. *
Check here
ITEM 6
ATTACHMENT C
Statement of Compliance with all Applicable Laws - I certify that we will abide by all applicable federal, state, and local laws, ordinances, regulations, and policies in carrying out this Federal and State-funded project. Failure to do so will lead to cancellation of the grant award. *
Check here
Attestation:
I hereby attest and certify that the above and attached information is true and accurate. I am authorized to submit this application on behalf of my organization.
I have read and understand the California Urban and Community Forestry Inflation Reduction Act 2024 Grant Guidelines.
Check here
Type Name as Signature: *
Title: *
Did you complete the Budget Worksheet, Budget Narrative and Application Goals? Applications without a completed budget, narrative and goals will not be eligible for award. Please check each box acknowledging it has been completed.
View pages 49-55 of the IRA Grant Guidelines for details on the Budget Worksheet Requirements. *
Budget Worksheet
Budget Narrative
Application Goals
ITEM 6
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: May 28, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Lea Simvoulakis, Community Development Director [email protected] , (209) 538-5778
SUBJECT:
Resolution No. 202 4-XXX, Considering an Appeal of Planning Commission’s Approval of Conditional Use Permit Application Number 23-23 (CUP) for El Rematito, Filed by Quetzal Corporation, Pedro and Candida Marquez / Nelson Gomez, Located at 3025 and 3113 Crows Landing Road, Ceres, CA (APN: 056-055-030, -033) RECOMMENDED COUNCIL ACTION:
Afte
r conducting a public hearing at its regular meeting on March 4, 2024, the City of Ceres Planning Commission voted 5-0-0 to approve Conditional Use Permit Number 23-23 with revised Conditions of Approval for the El Rematito Flea Market. A timely appeal was filed by the applicant on April 11, 2024 with the Planning Division pursuant to City of Ceres Municipal Code Section
18.34.101. The City Council is asked to review the proposed project to approve or deny the appeal.
I. BACKGRO
UND:
On October 3, 2022, the Planning Commission approved a 12- month extension of the El Rematito Flea Market Conditional Use Permit. At the time of application for CUP renewal, an outstanding community issue was raised about the lack of overflow parking at the flea market site. In order to work with the applicant and address community concerns, staff requested that the Planning Commission extend the CUP approval to allow staff the time to prepare a parking lot ordinance amendment to allow gravel surfaces for overflow parking. Planning Commission recommended approval of the parking ordinance on March 6, 2023, to the City Council. City Council adopted the parking ordinance on April 24, 2023.
These changes provided a path forward for El Rematito to apply for a Conditional Use Permit Amendment to expand their operation to include neighboring parcels that could be used as overflow gravel parking areas.
The applicant submitted the amendment request on September 8, 2023. The original application included a brief written proposal to develop an event hall and relocate the food ITEM 7
truck park ing area from the southeast corner to the northeast corner of the operation.
However, no site plan was submitted in the original application to illustrate these proposals. At the applicant’s request , the item was taken to public hearing. However, the Planning Commission requested that the appropriate documents be provided (i.e. site plan and supporting planning materials) so that they could make an informed decision on the CUP.
The Planning Commission continued the item several times on October 2, 2023, December 4, 2023 , and February 5, 2024 to provide additional time to the applicant to prepare an appropriate site plan and allow staff time to compile an appropriate set of conditions of approval.
Staff rescheduled the public hearing to the regularly scheduled Planning Commission meeting on March 4, 2024. The March 4, 2024, and the March 18, 2024, Planning Commission meetings were canceled, and the item was again continued to the regularly scheduled Planning Commission meeting of April 1, 2024.
On April 1, 2024, the Planning Commission voted 5-0-0 to approve Conditional Use Permit number 23-23 with the following amendments to the Conditions of Approval:
1. Condition B .3.t.iii. originally proposed the mobile food vendor truck park could operate between the hours of 8:00 AM and 12:00 AM (Midnight), year-round. a. The Planning Commission amended the condition to state the mobile food truck vendor truck park could operate from 8:00 AM to 10:00 PM, year-round.
The mobile food vendor truck park is located on the northeast corner of the overall flea market site. The mobile food vendor park use is codified in Title 5, Chapter 10 of the Ceres Municipal Code. The proposed CUP allows 30 food truck vendors to be located on the same site. The original CUP permits allow the mobile food vendors to be on site daily between the hours of 8:00 am and 12:00 am midnight.
2. Condition B.3.u.ii.1. originally proposed the night market could operate up to three (3) nights per week until 11 PM.
a. The Planning Commission amended the condition to state the night market could operate up to three (3) nights per week until 10:00 PM.
The night market is a collection of flea market vendors who would be set up on the northeast portion of the site. Per the CUP the market may operate three nights per week until 11 pm. The night market would not be allowed to occur during the normal Flea Market hours.
3. Condition B.3.w.1. originally proposed that a separate Temporary Use Permit (TUP) would not be required for Special Events.
a. The Commission amended the condition to state that a Temporary Use Permit (TUP) will be required for every Special Event.
The cost of an individual TUP is $125. By permitting the CUP to cover all Special Events on site, the applicant would not have to have the pay the TUP fee each time.
ITEM 7
4. Condition B.3.w.v.5. originally proposed that all sound systems, acoustic bands or amplified music shall be stopped at 11:00 PM.
a. The Planning Commission amended the condition to state all sound systems, acoustic bands or amplified music shall be stopped at 10:00 PM.
On April 11, 2024, an appeal was filed by the applicant, Nelson Gomez, pursuant to Ceres Municipal Code 18.34.010. The appeal letter provided by Mr. Gomez states he is appealing the amendments made to the Conditions of Approval and would like City Council to uphold the Conditions of Approval as they were proposed the Planning Commission on April 1, 2024.
Per Section 18.30.140 of the Ceres Municipal Code, the City Council shall hear and decide on the subject of the appeal, giving full consideration to the specific findings of the officer or commission appealed from, and may affirm, reverse, or modify the action appealed as it deems just and equitable. The City Council shall announce its decision with in 30 days after the conclusion of the public hearing. The action of the city Council on appeals shall be final, except that all aggrieved parties hall have the right to appeal further in a court of competent jurisdiction. Notification of the City Council action shall be mailed to the appellant.
Staff recommends that the City Council uphold the original Conditions of Approval as presented to the Planning Commission and approve the appeal.
II. RE
ASONS FOR RECOMMENDATION:
Staff recommended the original Conditions of Approval and feel that these proposed conditions adequately account for the potential impacts to the community.
Upon review of hours of operation for the CUP, the Ceres Police did not have an issue with the hours of operation. The applicant requested operation of the mobile food vendor component until midnight and 11:00 pm for three nights per week. Since there was no opposition by the police, staff supported this time limit in the conditions. The Planning Commission wished to see consistency with the recently approved Grub Hub project which only operates until 10:00 pm. Other than consistency, there was no concern voiced by the Commission. It is important to note that Commercial uses are required to comply with noise standards established in Chapter 9.04 of Title 18. If noise exceeds these established thresholds, then the operation of the use constitutes a nuisance to adjacent properties and code enforcement action and potential civil action can be taken against the non- complying party. If the market can operate within the bounds of the noise standards established by the Code, staff supports the hours of the mark et as proposed.
Further, with no opposition expressed by the Police Department, and without an ordinance expressly limiting hours of operation for activities in the City of Ceres, staff supports the original time limits proposed in the Conditions.
When staff reviews a Temporary Use Permit, the items considered are the same items that have already been conditioned against the applicant through the Conditional Use Permit process. To require a TUP for every Special Event would be an unfair cost and burden on the applicant. As long as the applicant complies with all of the C onditions of the CUP, staff feels that there is no need to require an additional TUP for Special Events.
ITEM 7
As such, staff is recommending the original condition that does not require a TUP for every Special Event.
The City Council can make the required findings in favor of the Conditional Use Permit, based on the recommendation of staff, as summarized below:
1. The proposal is consistent with the purpose and intent of the Community Commercial (CC), Neighborhood Commercial (NC), High Density Residential (HDR), and Medium High Density Residential (MHDR) land use designations of the Ceres General Plan.
2. The proposal is consistent with the purpose and intent of the PC -68, Planned Community 68 West Landing Specific Plan Area zoning designation as defined in the City of Ceres Municipal Code.
3. With the original conditions of approval imposed on this project, the proposed 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.
5. The proposal develops a parcel has an existing use and the proposed changes are only minor additions to the land.
6. The project is consistent with the following General Plan Policies:
• General Plan Policy 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 Goal 2.L: Ensure quality design that supports the goals of the General Plan.
• General Plan Policy Goal 2.L.9: Commercial and Office Design. Ensure development in the Community Commercial and Office land use designation balances the goals of providing convenient services and retail with adding attractive, quality design that contributes to the Ceres community.
• General Plan Policy Goal 2.M: Minimize impact on the environment and protect quality of life in the face of a changing climate.
• General Plan Policy Goal 3.D: Provide a sufficient amount of convenient, safe, and attractive vehicle and bicycle parking to serve existing and new development throughout the city.
• General Plan Policy Goal 7.A: Support a wide range of economic activity in Ceres that capitalizes on the city’s location, strengthens the City’s tax base, and supports and enhances quality of life.
ITEM 7
III. FISCAL IMPACTS:
There are no direct fiscal impacts to the City from the approval or denial of this CUP.
However, the operation of the Flea Market can provide indirect or secondary economic benefits to the City.
IV. E
XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :
N/A
V. O PTIONS FOR CITY COUNCIL :
Option 1:
If the City Council decides to deny the appeal, it would uphold the Planning Commission’s decision to approve the project, which includes the following actions:
1. Order the filing of a Notice of Exemption with the office of Planning and Research and Stanislaus County Clerks-Recorder Office pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15062.
2. Approve Conditional Use Permit Application No. 23- 23 (CUP) subject to the Planning Commission amended Conditions of Approval contained in Resolution Number PC 24-008.
Option 2:
If the City Council decided to approve the appeal, it would uphold Planning Commission’s decision to approve the project, which includes the following actions:
1. Order the filing of a Notice of Exemption with the office of Planning and Research and Stanislaus County Clerks-Recorder Office pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15062.
2. Approve Conditional Use Permit Application No. 23- 23 (CUP) subject to the originally proposed Conditions of Approval contained in Resolution Number PC 24-008.
Option 3:
The Council also has the option of continuing the appeal hearing, with directions to staff to research any additional questions or information sought by the Council.
VI. I
NTERDEPARTMENTAL COORDINATION:
The appeal was coordinate with the City Attorney’s Office to ensure proper appeal procedures were followed in a timely manner.
VII. P
UBLIC PARTICIPATION:
On March 20, 2024, a Notice of Public Hearing for the April 1, 2024, Planning Commission was posted in the Ceres Courier pursuant to California Government Code 65090, and a ITEM 7
physical copy of the notice was mailed to surrounding property owners within a 300- foot radius pursuant to City of Ceres Municipal Code 18.32.160. The notice contained the project description and instructions on how to participate in the public hearing.
On March 29, 2024, the April 1, 2024, Planning Commission Agenda was posted in front of the City Council Chambers located at 2701 4
th Street, Ceres pursuant to California
Government Code 54954.2.
On April 1, 2024, during the Planning Commission Public Hearing the floor was opened to members of the public who would like to speak in support or in opposition of the project.
On May 15, 2024, a Notice of Public Hearing for the May 28, 2024 City Council Meeting was posted in the Ceres Courier pursuant to California Government Code 65090, and physical copy of the notice was mailed to the surrounding property owners within a 300- foot radius pursuant to City of Ceres Municipal Code 18.34.160. Members of the public will be allowed to speak in support of or in opposition of the appeal.
VIII. EN
VIRONMENTAL REVIEW :
Conditional Use Permit No. 23- 18 (CUP) is exempt f rom the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) and 15304 (Minor Alterations to Land).
IX. ST
EPS FOLLOWING APPROVAL :
Following Council's decision, the project will either be approved, denied, or modified . A Resolution for Approval and a Resolution for Denial have been prepared and are attached to this staff report.
Approved by: ____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – City Council Appeal Approval Resolution a. Exhibit A to Resolution – Original Conditions of Approval b. Exhibit B to Resolution – Approved Plan Set
2. Attachment B – City Council Appeal Denial Resolution a. Exhibit A to Resolution – Modified Conditions of Approval b. Exhibit B to Resolution – Approved Plan Set
3. Attachment C – Emailed Letter of Appeal from Nelson Gomez
4. Attachment D – Planning Commission Staff Report (April 1, 2024)
5. Attachment E – Plan Set
6. Attachment F – Original PC Resolution No. 24-008 with Original Conditions of Approval
7. Attachment G – Modified PC Resolution No. 24-008 with Modified Conditions of Approval
ITEM 7
ATTACHMENT A
RESOLUTION NO. 2024-XXX
CONS
IDERING AN APPEAL OF PLANNING COMMISSION’S
APPROVAL OF CONDITIONAL USE PERMIT APPLICATION NUMBER
23-23 (CUP) FOR EL REMATITO, FILED BY QUETZAL
CORPORATION, PEDRO AND CANDIDA MARQUEZ / NELSON
GOMEZ, LOCATED AT 3025 AND 3113 CROWS LANDING ROAD,
CERES, CA (APN: 056-055-030, -033)
THE
CITY COUNCIL
City of Ceres
WHE
REAS, this is an appeal of t he Planning Commission of the City of Ceres decision on an amendment of the Conditional Use Permit (CUP) for El Rematito Flea Market to operate at 3025 and 3113 Crows Landing Road (APNs 056-055-006, 056-055- 030, 056-055-032 and 056-055-033); and
WHE
REAS, the Planning Commission held a duly noticed public hearing on October 3, 2022 at 6:00 p.m. and approved Resolution PC 22- 22 to allow a 12- month extension of the Conditional Use Permit 13-12 for El Rematito Flea Market; and WHE
REAS, the Planning Commission held a duly noticed public hearing on October 2, 2023 at 6:00 p.m. and approved Resolution PC 23-22 to allow an extension to December 4, 2023 of the Conditional Use Permit 13-12 for El Rematito Flea Market; and WHE
REAS, the Planning Commission held a duly noticed public hearing on December 4, 2023 at 6:00 p.m. and approved Resolution PC 23-27 to allow an extension to February 5, 2024 of the Conditional Use Permit 13-12 for El Rematito Flea Market; and WHE
REAS, the Planning Commission held a duly noticed public hearing on February 5, 2024 at 6:00 p.m. and approved Resolution PC 24-07 to allow an extension to March 4, 2024 of the Conditional Use Permit 13-12 for El Rematito Flea Market; and WHE
REAS, the Planning Commission cancelled the public hearing on March 4, 2024 at 6:00 p.m. and continued to the public hearing on April 1, 2024 at 6:00 p.m.; and WHE
REAS, the Planning Commission held a duly noticed public hearing on April 1, 2024, at 6:00 p.m. and approved Resolution PC 24- 08 wit h amendments to the Condition of Approval as presented by staff; and
WHE
REAS, on April 11, 2024, an appeal was filed by the applicant, Nelson Gomez, pursuant to Ceres Municipal Code 18.34.010 to uphold the approval of the Planning Commission without the amendments to the Conditions of Approval; and WHE
REAS, on May 15, 2024, a Notice of Public Hearing for the appeal hearing scheduled for May 28, 2024, was posted in the Ceres Courier pursuant to California Government Code 95090, and physical copy of the notice was mailed to the surrounding ITEM 7
ATTACHMENT A
property owners within a 300- foot radius pursuant to City of Ceres Municipal Code
18.34.160; and
WHEREAS, the City Council held a duly noticed public hearing on May 28, 2024, to consider the appeal of the Planning Commission’s amended Conditions of Approval; and
WHEREAS, pursuant to section 18.30.140 of the Ceres Municipal Code, the City Council is authorized to hear and decide on the subject appeal, giving full consideration to the specific findings of the officer or commission appealed from and may affirm, reverse, or modify the action appealed as it deems just and equitable; and
WHEREAS, the City Council considers all Planning Commission findings and all evidence, testimony and public comments offered and presented at the public hearing; and
WHEREAS, the City Council based on the evidence, supporting documents and the project file, in approving the appeal find as follows:
1. That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by this title to adjust the use with land and uses in the neighborhood;
2. That the site for the proposed use related to streets and highways is adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
3. That the proposed use will have no adverse effect on abutting property or the permitted use thereof;
4. That the conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres as follows:
Section 1. The City Council hereby grants the appeal to uphold the originally proposed Conditions of Approval. A true and correct copy of the Original Conditions of Approval are attached and incorporated herein as Exhibit A. The approved Plan Set is incorporated herein as Exhibit B.
Section 2. The Director of Community Development or designee is hereby directed to record this Resolution and the Resolution No. 24-08 at the office of the County Recorder of the County of Stanislaus.
ITEM 7
ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a special meeting thereof held on the 28th day of May 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7
EXHIBIT “A”
CONDITIONS OF APPROVAL
23-23 (Conditional Use Permit) Amendment of CUP 13-12
City of Ceres
3025 - 3113 Crows Landing Road
Ceres, CA 95307
Approved by the Planning Commission: April 1, 2024
Approved by the City Council: May 28, 2024
Amended by Staff/PC/CC on N/A
A. PROJE
CT AUTHORIZATION
1. The projec
t 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 the flea market operation and those permitted uses per the PC-68 zoning district as applicable, as it exist s now or may be amended in the future.
3. This Co
nditional Use Permit amendment for the additional restroom building, an electronic changeable copy sign, night market, mobile food vendor park, special event venue and over-flow parking lot shall expire within thirty six (36) months (April 1 , 202 7) 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. The El Rematito Flea Market is an established use and will not expire with this permit.
B. PROJEC
T SPECIFIC CONDITIONS
Prior
to issuance of a building permit final or Certificate of Occupancy, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the Planning and Building Division:
1. The appli
cant shall respond in writing to all conditions contained in this document and its attachments. Responses shall describe how the condition has been met and shall, where applicable; direct the plan checker to the page and/or drawing detail that de monstrates compliance with the condition.
EXHIBIT A
ITEM 7
These c
hanges 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. The conditions of approval associated with this application (CUP 13- 12 Amendment) supersedes all previously approved resolutions with conditions of approval through Stanislaus County as related to the El Rematito flea market operation.
3. This Conditional Use Permit is approved to allow a flea market operation subject to compliance with the following conditions:
a. The applicant shall comply with all applicable sections of the West Landing Specific Plan and the Ceres Municipal Code.
b. The applicant shall maintain all on- site landscape areas and the 1,620 on-site parking spaces to serve the flea market operation to the satisfaction of the City. (Calculated at 2.5 parking spaces per vendor).
c. All parking areas shall be maintained and re -striped (as necessary) to the satisfaction of the City of Ceres. Parking- restricted areas must be correctly marked. Adequate handicap- accessible parking shall be provided and marked appropriately in accordance with the requirements of the Building Division. The flea market management shall, in writing, authorize the Ceres Police Department to enforce parking restrictions.
d. The applicant shall ensure the existing structures are well maintained to the satisfaction of the City.
e. A four hundred and fifty-four (454) square foot restroom building, per the approved site plans of this project, which is on file with the Planning Division, a copy of which is attached hereto titled Exhibit “D” Restrooms, dated February 8, 2024, may be constructed. Building permits are required.
f. Vendors are not permitted to sell any alcoholic beverages intended for on-site consumption during the operation. Beer and wine (alcohol) sales shall not be permitted with the flea market operation, except that such sales of alcohol may be permitted for specific events as noted in Condition of Approval 3.w. of this resolution.
g. Each produce and/or food vendor shall maintain the applicable valid health permits from the County of Stanislaus Department of Environmental Resources, Stanislaus County Agricultural
EXHIBIT A
ITEM 7
Comm
issioner, and from the State of California Department of Agriculture. The flea market management must allow the access of inspectors from those agencies. Individual vendors shall be responsible for compliance with adopted regulations imposed by these agencies.
The flea market management shall show evidence of compliance with these agencies’ requirements with the necessary documents being readily available on-site.
h. The applicant shall ensure that each food vendor, if permitted, maintains appropriate commercial liability insurance coverage.
i. The applicant shall maintain a current insurance policy in the amount of $1,000,000, for the flea market operation, covering all market activities and naming the City of Ceres as an additional insured through a hold harmless agreement. The applicant shall provide a copy of the insurance policy document to the City if and when the City makes such request.
j. Vendors are not permitted to bring animals and pets (except ADA service dogs) to the operation.
k. A manager/event coordinator is required on- site during the operation.
The individual shall be responsible for safety, emergencies and operation set -up and clean- up. The manager/event coordinator shall provide the City immediately with their contact information (such as mailing address and business/cell phone number) and update as person(s) change.
l. A business license, held by the applicant, is required for the operation of the flea market. The applicant shall collect a business license fee (in an amount as determined by the City Council) per day and remit such fees to the City on a quarterly basis in lieu of individual business licenses and fees for each flea market vendor.
m. The applicant shall abide by State law, including but not limited to, California Business and Professions Code Sections 21660 to 21669.1 and California Department of Tax and Fee Administration (CDTFA) Publication 111. The applicant shall maintain and make available upon request to the City of Ceres all information about flea market vendors required by State law, including but not limited to, Form CDTFA -410-D, for each vendor.
n. The flea market management shall work with the City of Ceres Engineering Services Department/Public Works Department and Public Safety Department regarding control of vehicular and pedestrian traffic to the flea market to the satisfaction of the City of Ceres and which is
EXHIBIT A
ITEM 7
contai
ned in the traffic control site plan on file with the planning department, a copy of which is attached hereto titled Temp Traffic Control #1 and Temp Traffic Control Plan #2 dated August 31, 2023. If traffic congestion caused by the flea market operation is not corrected by the applicant and the Watch Commander determines that the Ceres Public Safety Department needs to correct the traffic situation, the Department of Public Safety shall bill the applicant the costs of services rendered, and an updated traffic control site plan shall be requested.
o. In the event City staff determines that security problems occur from the flea market operation, the conditions of approval of this Conditional Use Permit may be amended as necessary, to require additional security measures be maintained at all hours during the operation to the satisfaction of the City, which may result in the flea market management paying for Ceres Police Officer(s) on site during the hours of flea market operation.
p. The applicant shall cooperate with the Director of Public Safety in complying with state law requirements on flea market operations.
Particularly, Article 6 of the Business and Professions Code requires vendor to report sales items and local agencies shall investigate the vendors. Section 496 of the Penal Code prohibits the sales of stolen property. No sales of firearms and illegal weapons are permitted. The Public Safety Department at its discretion will conduct unannounced inspections of the vendors a nd the inspections shall be paid by the management of the flea market operation.
Furthermore, if the applicant requests the Public Safety Department to provide extra Police enforcement, the full cost of such services shall be paid. Extra Police enforcement may include extra traffic control and security to the flea market and the surrounding area, as agreed by the Director of Public Safety and the management of the flea market. The Director of Public Safety at his discretion, may require more security or Police enforcement and the fully burden cost of these services shall be paid by the flea market management.
q. The flea market management shall implement and maintain a comprehensive fire access plan as approved by the Public Safety Office.
Any type of inspection or corrective action required by the Fire Marshall shall be paid by the flea market management.
r. Any proposed exterior lighting will need to be shielded and/or directed downward and away so as not to create any glare onto the future Collector Street, Crows Landing Road, and the neighboring properties.
EXHIBIT A
ITEM 7
s. The
properties at APN 056-055-032 and 056-055-006 shall be available as an overflow gravel parking area per Ceres Municipal Code Chapter
18.25. i. The entrance to the gravel parking area shall be from Pedro Marquez Avenue. The exit from the gravel parking area shall be onto Hackett Road. An irrevocable, reciprocal access easement is required.
ii. Any mud and/or gravel tracked onto the public roads from the gravel parking area shall be cleaned and removed by the applicant.
iii. Access to the gravel parking area shall be between the hours of sunrise and sunset exclusively.
iv. There shall be no ingress or egress between APN 056-055-032 (the overflow gravel parking area) and Carol Lane. A barricade must exist along the terminus of Carol Lane and upon APN 056-055-032 to the satisfaction of the Planning Division.
v. No chemicals shall be used when spraying water on the gravel parking area.
t. The applicant may operate a mobile food vendor park, for participation by multiple mobile food vendors, pursuant to Chapter 5.10 of the Ceres Municipal Code, at the northeast portion of the site as illustrated on the site plan on file with the Planning Division , a copy of which is attached hereto titled Exhibit “C” Urban Food Truck Park dated February 8, 2024, as follows:
i. The applicant shall be limited to a maximum of 30 food truck vendors and all mobile food vendor vehicles shall be situated within the area illustrated on the site plan (remaining out of drive aisle access areas).
The operation is permitted to have designated seating areas as illustrated on the site plan.
ii. Each food truck vendor shall maintain a valid City of Ceres business license and a valid health permit through the Stanislaus County Department of Environmental Resources.
iii. The mobile food vendor truck park may operate daily between the hours of 8:00 AM and 12:00 AM Midnight, year-round.
iv. All trucks shall have self -contained generators , or the ability to access on-site electrical outlets. In either case, power cords running on the ground shall be placed in a manner to protect those cords and the public to the satisfaction of the Fire Marshal.
EXHIBIT A
ITEM 7
v. A l
coholic beverage sales shall not be permitted within the mobile food truck park operation.
vi. Music and other related audio devices shall not be permitted to operate for this use in the food truck park area.
vii. Mobile food trucks may be parked on-site overnight, but no overnight camping of individuals is permitted.
viii. A restroom building is required for the food truck area. A building permit is required for the restroom building. Adequate portable restrooms shall be provided till restroom building is completed.
u. The applicant is permitted to operate the Flea Market operation on the site as illustrated on the site plan on file with the Planning Division, a copy of which attached hereto titled Overall Site Plan dated February 8, 2024, during the following days and times:
i. Thursdays, Fridays, Saturdays, & Sundays: 5:30am to 6pm (Year - Round). Absolutely no patrons shall be permitted within the facility before 5:30am. No sales of items shall be permitted after 6pm on these days.
ii. A Night Market shall be permitted on the northeast portion of the site as illustrated by the site plan on the file with the Planning Division, a copy of which is attached hereto titled Exhibit “B” Night & Food Market dated February 8, 2024, with the additional requirements:
1. May operate up to three (3) nights per week until 11pm.
2. S hall not operate during the normal hours of operation of El Rematito Flea Market, as indicated in condition 3.u.i. above.
3. Lighting is required for the parking area and market.
iii. The flea market operation shall be allowed to have up to a maximum of 648 (vendor) spaces (155 enclosed vendor spaces and 493 open air vendor spaces, which includes the 30 mobile food vendors ) as proposed by the applicant. The applicant shall submit, to the City Police Department and the City Planning Division, a list of the vendors (with their contact information) that will be operating at the flea market. The applicant shall be responsible for submitting an updated list of vendors every three (3) months to both City agencies as changes in vendors may arise over the life of the flea market operation.
EXHIBIT A
ITEM 7
Vendor
s are permitted on site two hours prior to the start of each event and may stay up to two hours after the close of the event to allow for set-up and break-down of each event. Overnight camping is not permitted.
v. Activities permitted with the flea market use are as follows:
i. Sales of various goods.
ii. Food demonstrations, recipe contests, food themes, bakeries, and food vendor (catering) trucks, provided the applicant complies with the requirements of Stanislaus County Department of Environmental Resources.
w. Special Events such as Cinco de Mayo Celebrations , Mexican Independence Day Celebrations, Fourth of July Celebrations, Fashion Shows, Beauty Pageants, Open Air Concerts, Auto and Equipment Auction, and Car Shows, or any other activity not listed in these conditions of approval is desired, shall be permitted on the northeast portion of the site, as illustrated by the site plan on file with the Planning Division, a copy of which is attached hereto titled Exhibit “A” Special Events Courtyard dated February 8, 2024. The applicant shall be subject to the following conditions for such activity:
i. Planning Division:
1. A separate Temporary Use Permit (TUP) shall not be required.
2. All activities shall cease at 11:00pm.
3. The applicant shall be responsible for the cleanup of all trash caused by this event. The applicant shall ensure adequate trash receptacles are provided on site. The applicant shall be responsible for any and all damage that may occur on the site (including other structures and landscaping) as a result of this event.
4. All ADA accessible parking stalls shall remain clear and accessible.
5. Lighting shall be directed away from neighboring properties and away from Crows Landing Road and Hackett Road.
EXHIBIT A
ITEM 7
ii. Build
ing Division:
1. Restrooms (temporary or permanent) with ADA accessibility are required to be available during the event.
2. The applicant shall provide temporary restroom facilities (porta- potties) with secondary containment if needed to meet the minimum requirement of twenty-two (22) restrooms.
3. The applicant shall obtain a permit for any proposed temporary electrical power. All generators must be grounded , properly barricaded and any power cords must be protected.
4. Steps and handrails constructed for a proposed stage must meet requirements of the currently adopted California Building Code.
iii. Engineering Services Department (538-5792)
1. The applicant shall provide on-site dust control in the parking lot areas during the event. Dust control shall not include chemical spraying.
2. The applicant shall provide traffic control measures for these events to the satisfaction of the City Engineer.
iv. Fire Department (209-538-5703)
1. A 24 -hour notice shall be given and an inspection of vendor booths, cooking facilities, and emergency access is required by the Fire Marshal prior to opening of these events.
2. Access shall be provided for emergency vehicles. Fire lanes and access roadways shall remain open and clear for emergency vehicles.
3. On-site and off-site fire hydrants shall be accessible during these events.
4. Fire extinguishers shall be provided at food booths and any generators used at this event shall be inspected and properly grounded.
5. Extinguishers shall be currently serviced and tagged.
EXHIBIT A
ITEM 7
6. Cooki
ng tents with deep fat fryers shall have a Class K Fire Extinguisher.
7. At least one Class 10 BC fire extinguisher shall be provided with each generator (CFC 3106.6.3).
8. Generators shall be isolated from the public by physical guard, fence, or enclosure (CFC 3106.6.2).
9. The stage area shall have a 2A10BC Fire Extinguisher accessible.
10. Electrical equipment and wiring shall be listed and labeled for outdoor use.
11. All tents shall comply with Chapter 31 of the California Fire Code (CFC). Tent permits are required for any tent meeting CFC 3103.2. Tent permits are valid for 180 days only.
12. Electrical equipment and wiring shall be listed and labeled for outdoor use.
13. Access gates into the exhibit spaces shall be sliding gates. They shall remain unlocked during any event while the public is present.
14. Gates identified as “Fire Access” shall be unlocked when employees enter the exhibits for set up/clean up.
v. Police Department (209-538-5719)
1. The applicant shall ensure that a minimum of twelve (12) security officers will be provided for the first 2,000 persons expected for the event and two (2) additional security officers shall be provided for every 500 persons in attendance above 2,000 persons. The Flea Market management shall provide the name of the security company, copies of their State and City licenses, and the contact number for the on-site security supervisor at least three (3) days prior to the event to facilitate any communication between the Ceres Police Watch Commander and the security company. If at least 12 security officers are not provided by the applicant, then the event will not proceed.
2. If it is determined by the Police Chief or designee that Ceres Police Officers are necessary for traffic control at the site, the cost
EXHIBIT A
ITEM 7
for t
hese officers will be paid for by the applicant at the overtime rate for Police Officers.
3. Amplified sound shall be positioned to point away from nearby residences on Carol Lane.
4. Amplified sound shall not exceed the 70- decibel noise threshold measured at the property line of any surrounding residential properties.
5. All sound systems, acoustic bands or amplified music shall be stopped at 11:00pm.
6. Necessary approvals from the State of California Alcohol Beverage Control (ABC) Licensing Division shall be obtained for any event serving alcoholic beverages , and those conditions of approval shall be complied with at all times.
7. The alcoholic beverage serving area shall be monitored by staff members and security personnel to ensure minors are not being served. Customers desiring to consume alcoholic beverages shall be carded and wrist banded to ensure proper identification.
8. Attendees shall not be permitted to bring alcoholic beverages into any of these events.
9. Attendees shall not be allowed to leave with alcoholic beverages obtained or purchased at these events.
10. Alcohol shall not be served to attendees who appear to be intoxicated.
11. Security officers shall look for signs of people attempting to drive away from the event intoxicated and shall direct such drivers to not drive away from the event.
12. Alcohol must be served in plastic cups, paper cups or other acceptable containers, but in no event shall these containers be larger than 16 oz. per serving (no glass or closed cans permitted).
13. Those in possession of gang paraphernalia shall be prohibited from entering the premises.
vi. Other Agencies
EXHIBIT A
ITEM 7
1. Approv
al and proper permits shall be obtained from the
Stanislaus County Department of Environmental Resources for all food services. (Phone: 209-525-6700)
2. Approval and proper permits shall be obtained from the State of California Alcohol Beverage Control Department for the serving and consumption of alcohol. (Phone: 916-419-2500)
x. An Electronic Changeable Copy Sign shall be allowed at the northeast corner of the site at Pedro Marquez Avenue and Crows Landing in accordance with Ceres Municipal Code 18.26.110. A building permit is required for this sign.
y. Fire Department requirements:
i. Fire hydrants shall be installed every 300 feet of driveways and driving pathways. This includes the Fire Lane. Radius
measurements do not apply to hydrant spacing.
ii. Fire Hydrants cannot be obscured by any fence, wall, or vehicle.
iii. Access gates into the exhibit spaces shall be sliding gates. They shall remain unlocked during any event while the public is present.
iv. Gates identified as “Fire Access” shall be unlocked when employees enter the exhibits for set up/clean up.
v. Fire Lane shall be provided, including to the gravel parking area.
vi. Fire lane shall be 20 feet wide of all -weather road base with slurry seal, which has the capacity to support up to 77,000 pounds.
vii. Dead-ends greater than 150 feet require a turn around. See CFC Appendix D Figure D 103.1.
viii. Fire Lane curbs shall be painted red with white 4 inch letters saying “NO PARKING FIRE LANE” every 25 feet along the entire length of the fire lane. If no curb is present, signage as described in CFC Appendix D Figure D 103.6 shall be installed every 25 feet.
z. The applicant shall meet all requirements of Pacific Gas & Electric, SBC, San Joaquin Valley Air Pollution Control District, Turlock Irrigation District (including the letter from TID dated September 21, 2023) and other utility agencies serving the project site to the satisfaction of the Planning Division.
EXHIBIT A
ITEM 7
C. GENE
RAL CONDITIONS OF APPROVAL
Planning Division
The applicant shall ensure that the CUP Amendment conforms to the requirements imposed by the Planning Division, which may include, but not limited to:
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, 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.
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. 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.
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
EXHIBIT A
ITEM 7
attac
k, 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. As determined by the City, the applicant shall secure all necessary easements for reciprocal access, parking, emergency vehicle access (EVA), landscaping and/or public utilities over the proposed property as may be required. Where required, these easements shall be recorded prior to issuance of a Certificate of Occupancy.
7. The applicant shall ensure that outdoor storage of items are behind a screened fence or wall, as required. Depending on use, fences or walls shall not exceed 8’ in height including security measures unless required for environmental mitigation or approval of the Planning Commission or City Council.
8. The applicant shall comply with the visibility obstructions at public intersections provisions in Chapter 12.07 of the City of Ceres Municipal Code.
9. The applicant shall comply with San Joaquin Valley Air Pollution Control District Rule 9510. If applicable, the applicant shall submit verification of compliance or payment of fee, to the satisfaction of the Planning Division Manager or designee, from the Air District prior to issuance of a building permit.
10. 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 18.30 of the Ceres Municipal Code.
Engineering Services Department/Public Works Department
The applicant shall ensure that the CUP Amendment conforms to the requirements imposed by the Engineering Services Department/Public Works Department, which may include, but not limited to:
1. The applicant shall submit a grading and drainage plan and shall obtain the necessary permit. Calculations shall be submitted to show adequate detention basin capacity.
2. The applicant shall obtain an encroachment permit from the Engineering Services Department prior to any work done in the road right-of-way.
3. The applicant shall demonstrate that surface water runoff from the proposed project, including new paving and access/driveway areas, is conveyed to
EXHIBIT A
ITEM 7
on-si
te stormwater retention facilities and that the facilities are adequately sized for the proposed changes.
4. The City needs a copy of a Stormwater Pollution Prevention Plan (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. Additional information on BMP's may be found at: www.cabmphandbooks.com.
5. The applicant shall comply with the State Water Regional Control Board Storm water Best Management Practices during construction. The project may require the developer to submit a Notice of Intent (NOI) with the State Water Resources Control Board, and obtain a Waste Discharge Identification Number (WDID). More information may be found at www.waterboards.ca.gov.
6. The applicant shall comply with San Joaquin Valley Air Pollution Control District regulations for the construction phase of this project.
7. 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.
8. The applicant shall demonstrate that surface water runoff from the proposed structures, including new access/driveway/parking lot areas, is conveyed to on-site stormwater facilities and that the facilities are adequately sized for the proposed changes.
9. 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 Stormwater Best Management Practices during construction.
10. 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. The applicant shall provide the appropriate district water related service line for landscape irrigation service.
EXHIBIT A
ITEM 7
11. Pri
or 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.
12. The applicant shall provide traffic control plans, prepared by a registered civil engineer, for all proposed work within the right -of-way and for all work that may impede or affect traffic on Crows Landing Road.
13. 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.
14. All improvements shall be constructed in accordance with City standards and to the satisfaction of the Engineering Services Department.
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL
APPLY:
15. 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, 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.
16. 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.
17. 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.
18. 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.
EXHIBIT A
ITEM 7
19. Suff
icient surety guaranteeing the public improvements for a period of one year shall be provided.
20. 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
The applicant shall ensure that the CUP Amendment conforms to the requirements imposed by the Building Division, which may include, but not limited to:
1. If applicable, the applicant shall list all color and materials on the construction drawings when submitted to the City’s Building Division.
2. 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.
3. All construction shall meet the requirements of the currently adopted California Building Code, and disability accessibility as approved by the Building Division.
4. Handicapped accessibility to any proposed buildings/structures shall be required per State Law and to the approval of the Building official.
5. Disabled parking stalls shall have a dimension of 17’ x 19’ with the access area on the passenger side to comply with ADA standards.
6. The applicant shall provide on- site restroom facilities to the satisfaction of the Building Division during construction.
7. As applicable, the applicant shall pay all current fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, and Ceres Unified School District fee. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued.
Fire Department
EXHIBIT A
ITEM 7
The appl
icant shall ensure that the CUP Amendment conforms to the requirements imposed by the Fire Department, which may include, but not limited to:
1. The applicant shall provide “No Parking – Fire Lane” signage as required by the Fire Department.
2. Access shall be provided and maintained for emergency vehicles. Fire lanes and access roadways shall remain open and clear for emergency vehicles and shall be plainly marked.
3. On-site and off-site fire hydrants shall have clear and unobstructed access.
4. Existing Knox Box(es) shall be re- keyed to Ceres Fire Department Code.
Knox locks on Ceres Fire System for all driveway gates is required. Any additional gates for access shall have Knox type locks installed.
5. All emergency vehicle access areas shall be constructed of an all-weather material approved by the Ceres Emergency Services Department.
6. A minimum of 24-hour notice is required for all inspections.
7. The applicant shall provide and install security lighting.
8. Fire extinguishers shall be provided at food booths, food trucks, and any generators used at this flea market operation shall be inspected and properly grounded. Extinguishers shall be currently serviced and tagged.
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.
EXHIBIT A
ITEM 7
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EXHIBIT B
ITEM 7
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EXHIBIT B
ITEM 7
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EXHIBIT B
ITEM 7
22'-8"
15'-2" 7'-6"
20'-0"
3'-0"10'-0"
8'-10" 13'-10"
7'-0"
20'-0"
3'-0" 10'-0"7'-0"
22'-8"
FLOOR PLAN
SCALE: N.T.S.
20'-0"
1'-0"
1'-0"
NORTH ELEVATION
SCALE: N.T.S.
22'-8"
1'-0"1'-0"
WEST ELEVATION
SCALE: N.T.S.
SECTION VIEW
22'-8"
1'-0"1'-0"
EAST ELEVATION
SCALE: N.T.S.
20'-0"
1'-0"
1'-0"
SOUTH ELEVATION
SCALE: N.T.S.
EXHIBIT B
ITEM 7
NO
PARKING
FIRE LANE
EXHIBIT B
ITEM 7
.0022
Temp Traffic Control Plan #1
Date: 8/31/2023
EXHIBIT B
ITEM 7
O
O
O
O
O
O
O
O
O
O
O
O
O
O
FREE PARKING
USE RIGHT LANE
PAID PARKING
USE LEFT LANE
NORTH ENTRANCE AND EXIT PLAN
SOUTH EXIT PLAN
Temp Traffic Control Plan #2
Date: 8/31/2023
EXHIBIT B
ITEM 7
ITEM 7
ATTACHMENT B
RESOLUTION NO. 2024-XXX
CONS
IDERING AN APPEAL OF PLANNING COMMISSION’S
APPROVAL OF CONDITIONAL USE PERMIT APPLICATION NUMBER
23-23 (CUP) FOR EL REMATITO, FILED BY QUETZAL
CORPORATION, PEDRO AND CANDIDA MARQUEZ / NELSON
GOMEZ, LOCATED AT 3025 AND 3113 CROWS LANDING ROAD,
CERES, CA (APN: 056-055-030, -033)
THE
CITY COUNCIL
City of Ceres
WHE
REAS, the Planning Commission of the City of Ceres, State of California, has considered an amendment of the Conditional Use Permit (CUP) for El Rematito Flea Market to operate at 3025 and 3113 Crows Landing Road (APNs 056-055-006, 056-055- 030, 056-055-032 and 056-055-033); and
WHE
REAS, the Planning Commission held a duly noticed public hearing on October 3, 2022 at 6:00 p.m. and approved Resolution PC 22- 22 to allow a 12- month extension of the Conditional Use Permit 13-12 for El Rematito Flea Market; and WHE
REAS, the Planning Commission held a duly noticed public hearing on October 2, 2023 at 6:00 p.m. and approved Resolution PC 23-22 to allow an extension to December 4, 2023 of the Conditional Use Permit 13-12 for El Rematito Flea Market; and WHE
REAS, the Planning Commission held a duly noticed public hearing on December 4, 2023 at 6:00 p.m. and approved Resolution PC 23-27 to allow an extension to February 5, 2024 of the Conditional Use Permit 13-12 for El Rematito Flea Market; and WHE
REAS, the Planning Commission held a duly noticed public hearing on February 5, 2024 at 6:00 p.m. and approved Resolution PC 24-07 to allow an extension to March 4, 2024 of the Conditional Use Permit 13-12 for El Rematito Flea Market; and WHE
REAS, the Planning Commission cancelled the public hearing on March 4, 2024 at 6:00 p.m. and continued to the public hearing on April 1, 2024 at 6:00 p.m.; and WHE
REAS, the Planning Commission held a duly noticed public hearing on April 1, 2024, at 6:00 p.m. and approved Resolution PC 24- 08 with the amendments adopted with the Planning Commission approval; and
WHE
REAS, on April 11, 2024, an appeal was filed by the applicant, Nelson Gomez, pursuant to Ceres Municipal Code 18.34.010; and
WHE
REAS, on May 15, 2024, a Notice of Public Hearing for the appeal hearing scheduled for May 28, 2024, was posted in the Ceres Courier pursuant to California Government Code 95090, and physical copy of the notice was mailed to the surrounding property owners within a 300- foot radius pursuant to City of Ceres Municipal Code
18.34.160; and
ITEM 7
ATTACHMENT B
WHEREAS, the City Council held a duly noticed public hearing on May 28, 2024, to consider the appeal of the Planning Commission’s amended Conditions of Approval; and
WHEREAS, pursuant to section 18.30.140 of the Ceres Municipal Code, the City Council is authorized to hear and decide on the subject appeal, giving full consideration to the specific findings of the officer or commission appealed from and may affirm, reverse, or modify the action appealed as it deems just and equitable; and
WHEREAS, the City Council considers all Planning Commission findings and all evidence, testimony and public comments offered and presented at the public hearing; and
WHEREAS, the City Council based on the evidence, supporting documents and the project file, in denying the appeal find as follows:
1. That, with the Planning Commission amended condition, the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by this title to adjust the use with land and uses in the neighborhood;
2. That the site for the proposed use related to streets and highways is adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use with the Planning Commission amended conditions;
3. That the proposed use will have no adverse effect on abutting property or the permitted use thereof with the Planning Commission amended conditions;
4. That the Planning Commission amended conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres as follows:
Section 1. The City Council hereby denies the appeal and upholds the Planning Commission’s amended Conditions of Approval. A true and correct copy of the revised Conditions is attached as Exhibit A. The approved Plan Set is incorporated and attached as Exhibit B.
Section 2. The Director of Community Development or designee is hereby directed to record this Resolution and the revised Resolution No. 24-08 at the office of the County Recorder of the County of Stanislaus.
ITEM 7
ATTACHMENT B
PASSED AND ADOPTED by the Ceres City Council at a special meeting thereof held on the 28th day of May 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7
EXHIBIT A
{CW135477.1}
EXHIBIT “A”
CONDITIONS OF APPROVAL
23-23 (Conditional Use Permit) Amendment of CUP 13-12
City of Ceres
3025 - 3113 Crows Landing Road
Ceres, CA 95307
Approved by the Planning Commission: April 1, 2024
Approved by the City Council: N/A
Amended by Staff/PC/CC on N/A
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 the flea market operation and those permitted uses per the PC-68 zoning district as applicable, as it exist s now or may be amended in the future.
3. This Conditional Use Permit amendment for the additional restroom building, an electronic changeable copy sign, night market, mobile food vendor park, special event venue and over-flow parking lot shall expire within thirty six (36) months (April 1 , 202 7) 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. The El Rematito Flea Market is an established use and will not expire with this permit.
B. PROJECT SPECIFIC CONDITIONS
Prior to issuance of a building permit final or Certificate of Occupancy, 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 describe how the condition has been met and shall, where applicable; direct the plan checker to the page and/or drawing detail that de monstrates compliance with the condition.
ITEM 7
EXHIBIT A
{CW135477.1}
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. The conditions of approval associated with this application (CUP 13- 12 Amendment) supersedes all previously approved resolutions with conditions of approval through Stanislaus County as related to the El Rematito flea market operation.
3. This Conditional Use Permit is approved to allow a flea market operation subject to compliance with the following conditions:
a. The applicant shall comply with all applicable sections of the West Landing Specific Plan and the Ceres Municipal Code.
b. The applicant shall maintain all on- site landscape areas and the 1,620 on-site parking spaces to serve the flea market operation to the satisfaction of the City. (Calculated at 2.5 parking spaces per vendor).
c. All parking areas shall be maintained and re -striped (as necessary) to the satisfaction of the City of Ceres. Parking- restricted areas must be correctly marked. Adequate handicap- accessible parking shall be provided and marked appropriately in accordance with the requirements of the Building Division. The flea market management shall, in writing, authorize the Ceres Police Department to enforce parking restrictions.
d. The applicant shall ensure the existing structures are well maintained to the satisfaction of the City.
e. A four hundred and fifty-four (454) square foot restroom building, per the approved site plans of this project, which is on file with the Planning Division, a copy of which is attached hereto titled Exhibit “D” Restrooms, dated February 8, 2024, may be constructed. Building permits are required.
f. Vendors are not permitted to sell any alcoholic beverages intended for on-site consumption during the operation. Beer and wine (alcohol) sales shall not be permitted with the flea market operation, except that such sales of alcohol may be permitted for specific events as noted in Condition of Approval 3.w. of this resolution.
g. Each produce and/or food vendor shall maintain the applicable valid health permits from the County of Stanislaus Department of Environmental Resources, Stanislaus County Agricultural ITEM 7
EXHIBIT A
{CW135477.1}
Commissioner, and from the State of California Department of Agriculture. The flea market management must allow the access of inspectors from those agencies. Individual vendors shall be responsible for compliance with adopted regulations imposed by these agencies.
The flea market management shall show evidence of compliance with these agencies’ requirements with the necessary documents being readily available on-site.
h. The applicant shall ensure that each food vendor, if permitted, maintains appropriate commercial liability insurance coverage.
i. The applicant shall maintain a current insurance policy in the amount of $1,000,000, for the flea market operation, covering all market activities and naming the City of Ceres as an additional insured through a hold harmless agreement. The applicant shall provide a copy of the insurance policy document to the City if and when the City makes such request.
j. Vendors are not permitted to bring animals and pets (except ADA service dogs) to the operation.
k. A manager/event coordinator is required on- site during the operation.
The individual shall be responsible for safety, emergencies and operation set -up and clean- up. The manager/event coordinator shall provide the City immediately with their contact information (such as mailing address and business/cell phone number) and update as person(s) change.
l. A business license, held by the applicant, is required for the operation of the flea market. The applicant shall collect a business license fee (in an amount as determined by the City Council) per day and remit such fees to the City on a quarterly basis in lieu of individual business licenses and fees for each flea market vendor.
m. The applicant shall abide by State law, including but not limited to, California Business and Professions Code Sections 21660 to 21669.1 and California Department of Tax and Fee Administration (CDTFA) Publication 111. The applicant shall maintain and make available upon request to the City of Ceres all information about flea market vendors required by State law, including but not limited to, Form CDTFA -410-D, for each vendor.
n. The flea market management shall work with the City of Ceres Engineering Services Department/Public Works Department and Public Safety Department regarding control of vehicular and pedestrian traffic to the flea market to the satisfaction of the City of Ceres and which is ITEM 7
EXHIBIT A
{CW135477.1}
contained in the traffic control site plan on file with the planning department, a copy of which is attached hereto titled Temp Traffic Control #1 and Temp Traffic Control Plan #2 dated August 31, 2023. If traffic congestion caused by the flea market operation is not corrected by the applicant and the Watch Commander determines that the Ceres Public Safety Department needs to correct the traffic situation, the Department of Public Safety shall bill the applicant the costs of services rendered, and an updated traffic control site plan shall be requested.
o. In the event City staff determines that security problems occur from the flea market operation, the conditions of approval of this Conditional Use Permit may be amended as necessary, to require additional security measures be maintained at all hours during the operation to the satisfaction of the City, which may result in the flea market management paying for Ceres Police Officer(s) on site during the hours of flea market operation.
p. The applicant shall cooperate with the Director of Public Safety in complying with state law requirements on flea market operations.
Particularly, Article 6 of the Business and Professions Code requires vendor to report sales items and local agencies shall investigate the vendors. Section 496 of the Penal Code prohibits the sales of stolen property. No sales of firearms and illegal weapons are permitted. The Public Safety Department at its discretion will conduct unannounced inspections of the vendors a nd the inspections shall be paid by the management of the flea market operation.
Furthermore, if the applicant requests the Public Safety Department to provide extra Police enforcement, the full cost of such services shall be paid. Extra Police enforcement may include extra traffic control and security to the flea market and the surrounding area, as agreed by the Director of Public Safety and the management of the flea market. The Director of Public Safety at his discretion, may require more security or Police enforcement and the fully burden cost of these services shall be paid by the flea market management.
q. The flea market management shall implement and maintain a comprehensive fire access plan as approved by the Public Safety Office.
Any type of inspection or corrective action required by the Fire Marshall shall be paid by the flea market management.
r. Any proposed exterior lighting will need to be shielded and/or directed downward and away so as not to create any glare onto the future Collector Street, Crows Landing Road, and the neighboring properties.
ITEM 7
EXHIBIT A
{CW135477.1}
s. The properties at APN 056-055-032 and 056-055-006 shall be available as an overflow gravel parking area per Ceres Municipal Code Chapter
18.25. i. The entrance to the gravel parking area shall be from Pedro Marquez Avenue. The exit from the gravel parking area shall be onto Hackett Road. An irrevocable, reciprocal access easement is required.
ii. Any mud and/or gravel tracked onto the public roads from the gravel parking area shall be cleaned and removed by the applicant.
iii. Access to the gravel parking area shall be between the hours of sunrise and sunset exclusively.
iv. There shall be no ingress or egress between APN 056-055-032 (the overflow gravel parking area) and Carol Lane. A barricade must exist along the terminus of Carol Lane and upon APN 056-055-032 to the satisfaction of the Planning Division.
v. No chemicals shall be used when spraying water on the gravel parking area.
t. The applicant may operate a mobile food vendor park, for participation by multiple mobile food vendors, pursuant to Chapter 5.10 of the Ceres Municipal Code, at the northeast portion of the site as illustrated on the site plan on file with the Planning Division , a copy of which is attached hereto titled Exhibit “C” Urban Food Truck Park dated February 8, 2024, as follows:
i. The applicant shall be limited to a maximum of 30 food truck vendors and all mobile food vendor vehicles shall be situated within the area illustrated on the site plan (remaining out of drive aisle access areas).
The operation is permitted to have designated seating areas as illustrated on the site plan.
ii. Each food truck vendor shall maintain a valid City of Ceres business license and a valid health permit through the Stanislaus County Department of Environmental Resources.
iii. T
he mobile food vendor truck park may operate daily between the hours of 8:00 AM and 12:00 AM Midnight 10:00 PM, year-round.
iv. All trucks shall have self -contained generators , or the ability to access on-site electrical outlets. In either case, power cords running on the ground shall be placed in a manner to protect those cords and the public to the satisfaction of the Fire Marshal.
ITEM 7
EXHIBIT A
{CW135477.1}
v. A lcoholic beverage sales shall not be permitted within the mobile food truck park operation.
vi. Music and other related audio devices shall not be permitted to operate for this use in the food truck park area.
vii. Mobile food trucks may be parked on-site overnight, but no overnight camping of individuals is permitted.
viii. A restroom building is required for the food truck area. A building permit is required for the restroom building. Adequate portable restrooms shall be provided till restroom building is completed.
u. The applicant is permitted to operate the Flea Market operation on the site as illustrated on the site plan on file with the Planning Division, a copy of which attached hereto titled Overall Site Plan dated February 8, 2024, during the following days and times:
i. Thursdays, Fridays, Saturdays, & Sundays: 5:30am to 6pm (Year - Round). Absolutely no patrons shall be permitted within the facility before 5:30am. No sales of items shall be permitted after 6pm on these days.
ii. A Night Market shall be permitted on the northeast portion of the site as illustrated by the site plan on the file with the Planning Division, a copy of which is attached hereto titled Exhibit “B” Night & Food Market dated February 8, 2024, with the additional requirements:
1. Ma
y o perate up to three (3) nights per week until 11pm 10:00 PM.
2. S hall not operate during the normal hours of operation of El Rematito Flea Market, as indicated in condition 3.u.i. above.
3. Lighting is required for the parking area and market.
iii. The flea market operation shall be allowed to have up to a maximum of 648 (vendor) spaces (155 enclosed vendor spaces and 493 open air vendor spaces, which includes the 30 mobile food vendors ) as proposed by the applicant. The applicant shall submit, to the City Police Department and the City Planning Division, a list of the vendors (with their contact information) that will be operating at the flea market. The applicant shall be responsible for submitting an updated list of vendors every three (3) months to both City agencies as changes in vendors may arise over the life of the flea market operation.
ITEM 7
EXHIBIT A
{CW135477.1}
Vendors are permitted on site two hours prior to the start of each event and may stay up to two hours after the close of the event to allow for set-up and break-down of each event. Overnight camping is not permitted.
v. Activities permitted with the flea market use are as follows:
i. Sales of various goods.
ii. Food demonstrations, recipe contests, food themes, bakeries, and food vendor (catering) trucks, provided the applicant complies with the requirements of Stanislaus County Department of Environmental Resources.
w. Special Events such as Cinco de Mayo Celebrations , Mexican Independence Day Celebrations, Fourth of July Celebrations, Fashion Shows, Beauty Pageants, Open Air Concerts, Auto and Equipment Auction, and Car Shows, or any other activity not listed in these conditions of approval is desired, shall be permitted on the northeast portion of the site, as illustrated by the site plan on file with the Planning Division, a copy of which is attached hereto titled Exhibit “A” Special Events Courtyard dated February 8, 2024. The applicant shall be subject to the following conditions for such activity:
i. Planning Division:
1. A
separate Temporary Use Permit (TUP) shall not be required.
2. All activities shall cease at 11:00pm.
3. The applicant shall be responsible for the cleanup of all trash caused by this event. The applicant shall ensure adequate trash receptacles are provided on site. The applicant shall be responsible for any and all damage that may occur on the site (including other structures and landscaping) as a result of this event.
4. All ADA accessible parking stalls shall remain clear and accessible.
5. Lighting shall be directed away from neighboring properties and away from Crows Landing Road and Hackett Road.
ITEM 7
EXHIBIT A
{CW135477.1}
ii. Building Division:
1. Restrooms (temporary or permanent) with ADA accessibility are required to be available during the event.
2. The applicant shall provide temporary restroom facilities (porta- potties) with secondary containment if needed to meet the minimum requirement of twenty-two (22) restrooms.
3. The applicant shall obtain a permit for any proposed temporary electrical power. All generators must be grounded , properly barricaded and any power cords must be protected.
4. Steps and handrails constructed for a proposed stage must meet requirements of the currently adopted California Building Code.
iii. Engineering Services Department (538-5792)
1. The applicant shall provide on-site dust control in the parking lot areas during the event. Dust control shall not include chemical spraying.
2. The applicant shall provide traffic control measures for these events to the satisfaction of the City Engineer.
iv. Fire Department (209-538-5703)
1. A 24 -hour notice shall be given and an inspection of vendor booths, cooking facilities, and emergency access is required by the Fire Marshal prior to opening of these events.
2. Access shall be provided for emergency vehicles. Fire lanes and access roadways shall remain open and clear for emergency vehicles.
3. On-site and off-site fire hydrants shall be accessible during these events.
4. Fire extinguishers shall be provided at food booths and any generators used at this event shall be inspected and properly grounded.
5. Extinguishers shall be currently serviced and tagged.
ITEM 7
EXHIBIT A
{CW135477.1}
6. Cooking tents with deep fat fryers shall have a Class K Fire Extinguisher.
7. At least one Class 10 BC fire extinguisher shall be provided with each generator (CFC 3106.6.3).
8. Generators shall be isolated from the public by physical guard, fence, or enclosure (CFC 3106.6.2).
9. The stage area shall have a 2A10BC Fire Extinguisher accessible.
10. Electrical equipment and wiring shall be listed and labeled for outdoor use.
11. All tents shall comply with Chapter 31 of the California Fire Code (CFC). Tent permits are required for any tent meeting CFC 3103.2. Tent permits are valid for 180 days only.
12. Electrical equipment and wiring shall be listed and labeled for outdoor use.
13. Access gates into the exhibit spaces shall be sliding gates. They shall remain unlocked during any event while the public is present.
14. Gates identified as “Fire Access” shall be unlocked when employees enter the exhibits for set up/clean up.
v. Police Department (209-538-5719)
1. The applicant shall ensure that a minimum of twelve (12) security officers will be provided for the first 2,000 persons expected for the event and two (2) additional security officers shall be provided for every 500 persons in attendance above 2,000 persons. The Flea Market management shall provide the name of the security company, copies of their State and City licenses, and the contact number for the on-site security supervisor at least three (3) days prior to the event to facilitate any communication between the Ceres Police Watch Commander and the security company. If at least 12 security officers are not provided by the applicant, then the event will not proceed.
2. If it is determined by the Police Chief or designee that Ceres Police Officers are necessary for traffic control at the site, the cost ITEM 7
EXHIBIT A
{CW135477.1}
for these officers will be paid for by the applicant at the overtime rate for Police Officers.
3. Amplified sound shall be positioned to point away from nearby residences on Carol Lane.
4. Amplified sound shall not exceed the 70- decibel noise threshold measured at the property line of any surrounding residential properties.
5. A
ll sound systems, acoustic bands or amplified music shall be stopped at 11:00pm 10:00 PM.
6. Necessary approvals from the State of California Alcohol Beverage Control (ABC) Licensing Division shall be obtained for any event serving alcoholic beverages , and those conditions of approval shall be complied with at all times.
7. The alcoholic beverage serving area shall be monitored by staff members and security personnel to ensure minors are not being served. Customers desiring to consume alcoholic beverages shall be carded and wrist banded to ensure proper identification.
8. Attendees shall not be permitted to bring alcoholic beverages into any of these events.
9. Attendees shall not be allowed to leave with alcoholic beverages obtained or purchased at these events.
10. Alcohol shall not be served to attendees who appear to be intoxicated.
11. Security officers shall look for signs of people attempting to drive away from the event intoxicated and shall direct such drivers to not drive away from the event.
12. Alcohol must be served in plastic cups, paper cups or other acceptable containers, but in no event shall these containers be larger than 16 oz. per serving (no glass or closed cans permitted).
13. Those in possession of gang paraphernalia shall be prohibited from entering the premises.
vi. Other Agencies
ITEM 7
EXHIBIT A
{CW135477.1}
1. Approval and proper permits shall be obtained from the Stanislaus County Department of Environmental Resources for all food services. (Phone: 209-525-6700)
2. Approval and proper permits shall be obtained from the State of California Alcohol Beverage Control Department for the serving and consumption of alcohol. (Phone: 916-419-2500)
x. An Electronic Changeable Copy Sign shall be allowed at the northeast corner of the site at Pedro Marquez Avenue and Crows Landing in accordance with Ceres Municipal Code 18.26.110. A building permit is required for this sign.
y. Fire Department requirements:
i. Fire hydrants shall be installed every 300 feet of driveways and driving pathways. This includes the Fire Lane. Radius
measurements do not apply to hydrant spacing.
ii. Fire Hydrants cannot be obscured by any fence, wall, or vehicle.
iii. Access gates into the exhibit spaces shall be sliding gates. They shall remain unlocked during any event while the public is present.
iv. Gates identified as “Fire Access” shall be unlocked when employees enter the exhibits for set up/clean up.
v. Fire Lane shall be provided, including to the gravel parking area.
vi. Fire lane shall be 20 feet wide of all -weather road base with slurry seal, which has the capacity to support up to 77,000 pounds.
vii. Dead-ends greater than 150 feet require a turn around. See CFC Appendix D Figure D 103.1.
viii. Fire Lane curbs shall be painted red with white 4 inch letters saying “NO PARKING FIRE LANE” every 25 feet along the entire length of the fire lane. If no curb is present, signage as described in CFC Appendix D Figure D 103.6 shall be installed every 25 feet.
z. The applicant shall meet all requirements of Pacific Gas & Electric, SBC, San Joaquin Valley Air Pollution Control District, Turlock Irrigation District (including the letter from TID dated September 21, 2023) and other utility agencies serving the project site to the satisfaction of the Planning Division.
ITEM 7
EXHIBIT A
{CW135477.1}
C. GENERAL CONDITIONS OF APPROVAL
Planning Division
The applicant shall ensure that the CUP Amendment conforms to the requirements imposed by the Planning Division, which may include, but not limited to:
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, 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.
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. 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.
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 ITEM 7
EXHIBIT A
{CW135477.1}
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. As determined by the City, the applicant shall secure all necessary easements for reciprocal access, parking, emergency vehicle access (EVA), landscaping and/or public utilities over the proposed property as may be required. Where required, these easements shall be recorded prior to issuance of a Certificate of Occupancy.
7. The applicant shall ensure that outdoor storage of items are behind a screened fence or wall, as required. Depending on use, fences or walls shall not exceed 8’ in height including security measures unless required for environmental mitigation or approval of the Planning Commission or City Council.
8. The applicant shall comply with the visibility obstructions at public intersections provisions in Chapter 12.07 of the City of Ceres Municipal Code.
9. The applicant shall comply with San Joaquin Valley Air Pollution Control District Rule 9510. If applicable, the applicant shall submit verification of compliance or payment of fee, to the satisfaction of the Planning Division Manager or designee, from the Air District prior to issuance of a building permit.
10. 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 18.30 of the Ceres Municipal Code.
Engineering Services Department/Public Works Department
The applicant shall ensure that the CUP Amendment conforms to the requirements imposed by the Engineering Services Department/Public Works Department, which may include, but not limited to:
1. The applicant shall submit a grading and drainage plan and shall obtain the necessary permit. Calculations shall be submitted to show adequate detention basin capacity.
2. The applicant shall obtain an encroachment permit from the Engineering Services Department prior to any work done in the road right-of-way.
3. The applicant shall demonstrate that surface water runoff from the proposed project, including new paving and access/driveway areas, is conveyed to ITEM 7
EXHIBIT A
{CW135477.1}
on-site stormwater retention facilities and that the facilities are adequately sized for the proposed changes.
4. The City needs a copy of a Stormwater Pollution Prevention Plan (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. Additional information on BMP's may be found at: www.cabmphandbooks.com.
5. The applicant shall comply with the State Water Regional Control Board Storm water Best Management Practices during construction. The project may require the developer to submit a Notice of Intent (NOI) with the State Water Resources Control Board, and obtain a Waste Discharge Identification Number (WDID). More information may be found at www.waterboards.ca.gov.
6. The applicant shall comply with San Joaquin Valley Air Pollution Control District regulations for the construction phase of this project.
7. 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.
8. The applicant shall demonstrate that surface water runoff from the proposed structures, including new access/driveway/parking lot areas, is conveyed to on-site stormwater facilities and that the facilities are adequately sized for the proposed changes.
9. 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 Stormwater Best Management Practices during construction.
10. 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. The applicant shall provide the appropriate district water related service line for landscape irrigation service.
ITEM 7
EXHIBIT A
{CW135477.1}
11. 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.
12. The applicant shall provide traffic control plans, prepared by a registered civil engineer, for all proposed work within the right -of-way and for all work that may impede or affect traffic on Crows Landing Road.
13. 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.
14. All improvements shall be constructed in accordance with City standards and to the satisfaction of the Engineering Services Department.
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL
APPLY:
15. 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, 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.
16. 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.
17. 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.
18. 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.
ITEM 7
EXHIBIT A
{CW135477.1}
19. Sufficient surety guaranteeing the public improvements for a period of one year shall be provided.
20. 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
The applicant shall ensure that the CUP Amendment conforms to the requirements imposed by the Building Division, which may include, but not limited to:
1. If applicable, the applicant shall list all color and materials on the construction drawings when submitted to the City’s Building Division.
2. 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.
3. All construction shall meet the requirements of the currently adopted California Building Code, and disability accessibility as approved by the Building Division.
4. Handicapped accessibility to any proposed buildings/structures shall be required per State Law and to the approval of the Building official.
5. Disabled parking stalls shall have a dimension of 17’ x 19’ with the access area on the passenger side to comply with ADA standards.
6. The applicant shall provide on- site restroom facilities to the satisfaction of the Building Division during construction.
7. As applicable, the applicant shall pay all current fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, and Ceres Unified School District fee. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued.
Fire Department
ITEM 7
EXHIBIT A
{CW135477.1}
The applicant shall ensure that the CUP Amendment conforms to the requirements imposed by the Fire Department, which may include, but not limited to:
1. The applicant shall provide “No Parking – Fire Lane” signage as required by the Fire Department.
2. Access shall be provided and maintained for emergency vehicles. Fire lanes and access roadways shall remain open and clear for emergency vehicles and shall be plainly marked.
3. On-site and off-site fire hydrants shall have clear and unobstructed access.
4. Existing Knox Box(es) shall be re- keyed to Ceres Fire Department Code.
Knox locks on Ceres Fire System for all driveway gates is required. Any additional gates for access shall have Knox type locks installed.
5. All emergency vehicle access areas shall be constructed of an all-weather material approved by the Ceres Emergency Services Department.
6. A minimum of 24-hour notice is required for all inspections.
7. The applicant shall provide and install security lighting.
8. Fire extinguishers shall be provided at food booths, food trucks, and any generators used at this flea market operation shall be inspected and properly grounded. Extinguishers shall be currently serviced and tagged.
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
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ITEM 7
22'-8"
15'-2" 7'-6"
20'-0"
3'-0"10'-0"
8'-10" 13'-10"
7'-0"
20'-0"
3'-0" 10'-0"7'-0"
22'-8"
FLOOR PLAN
SCALE: N.T.S.
20'-0"
1'-0"
1'-0"
NORTH ELEVATION
SCALE: N.T.S.
22'-8"
1'-0"1'-0"
WEST ELEVATION
SCALE: N.T.S.
SECTION VIEW
22'-8"
1'-0"1'-0"
EAST ELEVATION
SCALE: N.T.S.
20'-0"
1'-0"
1'-0"
SOUTH ELEVATION
SCALE: N.T.S.
EXHIBIT B
ITEM 7
NO
PARKING
FIRE LANE
EXHIBIT B
ITEM 7
.0022
Temp Traffic Control Plan #1
Date: 8/31/2023
EXHIBIT B
ITEM 7
O
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FREE PARKING
USE RIGHT LANE
PAID PARKING
USE LEFT LANE
NORTH ENTRANCE AND EXIT PLAN
SOUTH EXIT PLAN
Temp Traffic Control Plan #2
Date: 8/31/2023
EXHIBIT B
ITEM 7
ITEM 7
1 Teddie Hernandez
From: nelson gomez
Sent: Thursday, April 11, 2024 5:01 PM
To: Doug Dunford; Teddie Hernandez;
Subject: Appeal of Planning Commission Adjustments to Conditions of Approval of CUP # 23-23 Doug,
Pursuant to this email, El Rematito Flea Market is appealing the adjustments made by the City of Ceres Planning Commission at the regularly scheduled meeting of April 1, 2024, to Conditions of Approval of Conditional Use Permit # 23-13, which is an Amendment to Conditional Use Permit # 13-12, as follows:
1. Adjustment to Conditions of Approval section B.3.t.iii.(hours of operation of Mobile Food Vendor Truck Park from 8:00AM to 10:00PM). Appellant is asking that the City Council of the City of Ceres restore the hours of operation to 8:00AM to 12 Midnight;
2. Adjustment to Conditions of Approval section B.3.u.ii.1.(hours of operation of Night Market to 10:00PM). Appellant is asking that the City Council of the City of Ceres restore the hours of operation of the Night Market to 11:00PM;
3. Adjustment to Conditions of Approval number B.3.w.1.(requirement of Temporary Use Permit for special events). Appellant is asking that the City Council of the City of Ceres require only an Administrative Permit (over the counter for notification purposes only) for special events, rather than a Temporary Use Permit, since the conditions under which the special events will be conducted are outlined in the Conditions of Approval, section B.3.w. and contain detailed requirements by each of the pertinent departments of the City of Ceres; and,
4. Adjustment to Conditions of Approval number B.3.w.v.5.(No music is allowed after 10:00PM). Appellant is asking that the City Council of the City of Ceres restore the original language of this section to allow all sound systems, acoustic bands or amplified music to stop at 11:00PM.
Please consider this as the formal Appeal of the above referenced adjustments made by the City of Ceres Planning Commission at the regularly scheduled meeting of April 1, 2024. Please let me know if you require additional information or documentation for this Appeal. I would also ask that you let me know as soon as possible the date and time when the City Council of the City of Ceres will hear this Appeal.
Sincerely,
Nelson F. Gomez
Attorney At Law
Hughson, CA 95326
CONFIDENTIALITY NOTICE: E-mail may contain confidential information that is legally privileged. Do not read this e-mail if you are not the intended recipient. This e-mail tran
smission, and any documents, files or previous e-mail messages attached to it may contain confidential and proprietary information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED.
If you have received this transmission in error, please immediately notify us by forwarding this to or by telephone at and destroy the original transmission and its attachments without reading or saving it in any manner. Thank you.
ATTACHMENT C
ITEM 7
ITEM 7
STAFF REPORT AND
RECOMMENDATION
April 1, 2024
TO: P
lanning Commission
FRO
M: Douglas D. Dunford, City Manager
SUBJEC
T: 23-23 (CUP) Conditional Use Permit Amendment; Proposal to consider an amendment to El Rematito Flea Market’s Conditional Use Permit for a previously approved Conditional Use Permit (13-12, as amended).
LOCA
TION: 3025 and 3113 Crows Landing Road, Ceres, CA
95307 (APN: 056-055-030 and -033)
ZONIN
G: P-C (68) West Landing Specific Plan Area
GENER
AL PLAN: Community Commercial (CC), Neighborhood
Commercial (NC), High Density Residential (HDR),
and Medium High Density Residential (MHDR)
SURROUNDI
NG LAND
USES & ZONING: North: Vacant (RC, Regional Commercial) South: O
rchard (NC, Neighborhood Commercial)
East
: Industrial (GI, General Industrial and CF,
Community Facilities)
West
: Orchard (MHDR, Medium High Density
Residential and HDR, High Density
Residential)
OWNE
R: Quetzal Corporation
Pedro and Candida Marquez
5507 Prairie Flower Road
Ceres, CA 95307
CITY COUNCIL
Javier Lopez, Mayor
James Casey Dist. 1 Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3 Daniel A. Martinez, Dist. 4
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307
209-538-5774
Fax 209-538-5675
ATTACHMENT D
ITEM 7
APPLICANT: Nelson Gomez
4043 Geer Road
Hughson, CA 95326
PROJECT AND SITE DESCRIPTION
The applicant requested approval of a Conditional Use Permit Amendment to the existing flea market involving the following:
a. Add Assessor Parcel Numbers 056- 055-006 and 056- 055-032 to the Use Permit Area and apply gravel parking surfaces to both parcels per Ceres Municipal Code 18.25.010.
b. Streamline the permitting of on-site special events with a pre-determined set of conditions.
c. Update reporting requirements for business licenses and sales tax. d. Relocate the food truck operation to the northeast portion of the site. e. Allow night markets.
Staff Comments
On October 3, 2022, the Planning Commission approved a 12- month extension of the existing Conditional Use Permit. One of the reasons for the extension was to allow time for staff to prepare a parking ordinance amendment to allow gravel surfaces for overflow parking. Planning Commission recommended approval of the parking ordinance on March 6, 2023. City Council adopted the parking ordinance on April 24, 2023. These changes provided a path forward for El Rematito to submit an application for a Conditional Use Permit Amendment to expand their operation to include neighboring parcels that could be used as overflow gravel parking areas.
The applicant submitted the amendment request on September 8, 2023. The original application included brief, written proposals to develop an event hall and relocate the food truck park from the southeast corner to the northeast corner of the operation. How ever, no site plan was submitted in the original application to illustrate these proposals.
The Planning Commission approved extensions on October 2, 2023, December 4, 2023 and February 5, 2024 to provide additional time to prepare site plans and conditions of approval. In the interim, multiple iterations of these documents were discussed between the applicant and staff. There remain a few items of discussion between staff and the applicant to finalize the plans and ensure compatibility with the Ceres Municipal Code.
The applicant and staff jointly requested that Planning Commission extend the Use Permit expiration and continue this item to the regularly scheduled Planning Commission meeting on March 4, 2024.
ATTACHMENT D
ITEM 7
The March 4, 2024 and the March 18, 2024 Planning Commission meeting were canceled, so the Use Permit has been continued to the regularly scheduled Planning Commission meeting on April 1, 2024.
CEQA
This project is exempt from the California Environmental Quality Act per Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land).
STAFF RECOMMENDATION
Staff recommends approval of this project subject to the findings and conditions contained in the attached resolution.
REQUIRED ACTION
Approval of this project requires the following action by the Planning Commission:
1. Make the determination that this project is exempt from environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and 15304 (Minor Alterations to Land).
2. Approve 23-23 (CUP) Amendment of CUP 13-12 subject to the findings and conditions contained in the attached Draft Resolution 24-08.
Attachments:
Draft Resolution PC 24-08
Aerial Vicinity Map
Exhibit A 2-08-2024
Exhibit B 2-08-2024
Exhibit C 2-08-2024
Exhibit D 2-08-2024
Site Plan 2-08-2024
Temp Traffic Control Plan #1
Temp Traffic Control Plan #2
ATTACHMENT D
ITEM 7
ITEM 7
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ITEM 7
22'-8"
15'-2" 7'-6"
20'-0"
3'-0"10'-0"
8'-10" 13'-10"
7'-0"
20'-0"
3'-0" 10'-0"7'-0"
22'-8"
FLOOR PLAN
SCALE: N.T.S.
20'-0"
1'-0"
1'-0"
NORTH ELEVATION
SCALE: N.T.S.
22'-8"
1'-0"1'-0"
WEST ELEVATION
SCALE: N.T.S.
SECTION VIEW
22'-8"
1'-0"1'-0"
EAST ELEVATION
SCALE: N.T.S.
20'-0"
1'-0"
1'-0"
SOUTH ELEVATION
SCALE: N.T.S.
ATTACHMENT E
ITEM 7
NO
PARKING
FIRE LANE
ATTACHMENT E
ITEM 7
.0022
Temp Traffic Control Plan #1
Date: 8/31/2023
ATTACHMENT E
ITEM 7
O
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FREE PARKING
USE RIGHT LANE
PAID PARKING
USE LEFT LANE
NORTH ENTRANCE AND EXIT PLAN
SOUTH EXIT PLAN
Temp Traffic Control Plan #2
Date: 8/31/2023
ATTACHMENT E
ITEM 7
ITEM 7
RECORDI
NG REQUESTED BY:
CITY OF CERES
When R
ecorded mail to:
City o
f Ceres
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307
DRAFT
RE
SOLUTION NO. PC 24-08
RESO
LUTION OF THE CITY OF CERES PLANNING COMMISSION AMENDING CONDITIONAL USE PERMIT 13-12 TO ALLOW THE EL REMATITO FLEA MARKET
THE ADDITION OF A NIGHT MARKET, AN ELECTRONIC CHANGEABLE COPY SIGN, NEW RESTROOM BUILDING, AND OVERFLOW PARKING ON APN’S 056- 055-032 AND 056-055-006 AT 3025 AND 3113 CROWS LANDING ROAD.
APPLICATION NUMBER 23-23 CUP AMENDMENT.
APPLIC
ANT/
PROPERTY OWNER: Quetzal Corporation
Pedro and Candida Marquez
5507 Prairie Flower Road
Ceres, CA 95307
APPL
ICANT’S
REPRESENTATIVE: Nelson Gomez
4043 Geer Road
Hughson, CA 95326
SITE L
OCATION: 3025-3113 Crows Landing Road Ceres, CA 95307
APN: 056-05
5-006, 056-055-030, 056-055-032 and 056-055-033
WHE
REAS, the Planning Commission of the City of Ceres, State of California, has considered an amendment of the Conditional Use Permit (CUP) for El Rematito Flea Market to operate at 3025 and 3113 Crows Landing Road (APNs 056-055-006, 056-055- 030, 056-055-032 and 056-055-033); and,
WHER
EAS, the Planning Commission held a duly noticed public hearing on October 3, 2022 at 6:00 p.m. and approved Resolution PC 22- 22 to allow a 12- month extension of the Conditional Use Permit 13-12 for El Rematito Flea Market; and,
ATTACHMENT F
ITEM 7
WH
EREAS, the Planning Commission held a duly noticed public hearing on October 2, 2023 at 6:00 p.m. and approved Resolution PC 23-22 to allow an extension to December 4, 2023 of the Conditional Use Permit 13-12 for El Rematito Flea Market; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on December 4, 2023 at 6:00 p.m. and approved Resolution PC 23-27 to allow an extension to February 5, 2024 of the Conditional Use Permit 13- 12 for El Rematito Flea Market ; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on February 5, 2024 at 6:00 p.m. and approved Resolution PC 24-07 to allow an extension to March 4, 2024 of the Conditional Use Permit 13-12 for El Rematito Flea Market; and,
WHEREAS, the Planning Commission cancelled the public hearing on March 4, 2024 at 6:00 p.m. and continued to the public hearing on April 1, 2024 at 6:00 p.m.; and,
WHEREAS, the Planning Commission , in approving this Conditional Use Permit, find as follows:
1. That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by this title to adjust the use with land and uses in the neighborhood;
2. That the site for the proposed use related to streets and highways is adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
3. That the proposed use will have no adverse effect on abutting property or the permitted use thereof;
4. That the conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Ceres as follows:
Section 1. The Planning Commission hereby confirms that the Conditional Use Permit is exempt from the California Environmental Quality Act per Section 15301 (Existing Facilities) and 15304 (Minor Alterations to Land).
Section 2. All previously approved conditions of approval are hereby replaced with the conditions of approval attached to this Resolution as Exhibit A.
Section 3. The establishment and operation of the Conditional Use Perm it requires compliance with the conditions of approval, which are contained in this resolution
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tached as Exhibit “A” and on file in the Planning Division, and shall be binding on all heirs, assignees, and successors in interest of said property.
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 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 the 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 exacti ons, 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.
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 P lanning Commission held on the 1
st day of April 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DOUGLAS D. DUNFORD, SECRETARY OF
THE CERES PLANNING COMMISSION
CITY OF CERES
ATTEST:
_________________________________
ANN MONTGOMERY
ADMINISTRATIVE SECRETARY
CITY OF CERES
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EXHIBIT “A”
CONDITIONS OF APPROVAL
23-23 (Conditional Use Permit) Amendment of CUP 13-12
City of Ceres
3025 - 3113 Crows Landing Road
Ceres, CA 95307
Approved by the Planning Commission: April 1, 2024
Approved by the City Council: N/A
Amended by Staff/PC/CC on N/A
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 the flea market operation and those permitted uses per the PC-68 zoning district as applicable, as it exist s now or may be amended in the future.
3. This Conditional Use Permit amendment for the additional restroom building, an electronic changeable copy sign, night market, mobile food vendor park, special event venue and over-flow parking lot shall expire within thirty six (36) months (April 1 , 202 7) 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. The El Rematito Flea Market is an established use and will not expire with this permit.
B. PROJECT SPECIFIC CONDITIONS
Prior to issuance of a building permit final or Certificate of Occupancy, 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 describe how the condition has been met and shall, where applicable; direct the plan checker to the page and/or drawing detail that de monstrates compliance with the condition.
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Thes
e 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. The conditions of approval associated with this application (CUP 13- 12 Amendment) supersedes all previously approved resolutions with conditions of approval through Stanislaus County as related to the El Rematito flea market operation.
3. This Conditional Use Permit is approved to allow a flea market operation subject to compliance with the following conditions:
a. The applicant shall comply with all applicable sections of the West Landing Specific Plan and the Ceres Municipal Code.
b. The applicant shall maintain all on- site landscape areas and the 1,620 on-site parking spaces to serve the flea market operation to the satisfaction of the City. (Calculated at 2.5 parking spaces per vendor).
c. All parking areas shall be maintained and re -striped (as necessary) to the satisfaction of the City of Ceres. Parking- restricted areas must be correctly marked. Adequate handicap- accessible parking shall be provided and marked appropriately in accordance with the requirements of the Building Division. The flea market management shall, in writing, authorize the Ceres Police Department to enforce parking restrictions.
d. The applicant shall ensure the existing structures are well maintained to the satisfaction of the City.
e. A four hundred and fifty-four (454) square foot restroom building, per the approved site plans of this project, which is on file with the Planning Division, a copy of which is attached hereto titled Exhibit “D” Restrooms, dated February 8, 2024, may be constructed. Building permits are required.
f. Vendors are not permitted to sell any alcoholic beverages intended for on-site consumption during the operation. Beer and wine (alcohol) sales shall not be permitted with the flea market operation, except that such sales of alcohol may be permitted for specific events as noted in Condition of Approval 3.w. of this resolution.
g. Each produce and/or food vendor shall maintain the applicable valid health permits from the County of Stanislaus Department of Environmental Resources, Stanislaus County Agricultural
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missioner, and from the State of California Department of Agriculture. The flea market management must allow the access of inspectors from those agencies. Individual vendors shall be responsible for compliance with adopted regulations imposed by these agencies.
The flea market management shall show evidence of compliance with these agencies’ requirements with the necessary documents being readily available on-site.
h. The applicant shall ensure that each food vendor, if permitted, maintains appropriate commercial liability insurance coverage.
i. The applicant shall maintain a current insurance policy in the amount of $1,000,000, for the flea market operation, covering all market activities and naming the City of Ceres as an additional insured through a hold harmless agreement. The applicant shall provide a copy of the insurance policy document to the City if and when the City makes such request.
j. Vendors are not permitted to bring animals and pets (except ADA service dogs) to the operation.
k. A manager/event coordinator is required on- site during the operation.
The individual shall be responsible for safety, emergencies and operation set -up and clean- up. The manager/event coordinator shall provide the City immediately with their contact information (such as mailing address and business/cell phone number) and update as person(s) change.
l. A business license, held by the applicant, is required for the operation of the flea market. The applicant shall collect a business license fee (in an amount as determined by the City Council) per day and remit such fees to the City on a quarterly basis in lieu of individual business licenses and fees for each flea market vendor.
m. The applicant shall abide by State law, including but not limited to, California Business and Professions Code Sections 21660 to 21669.1 and California Department of Tax and Fee Administration (CDTFA) Publication 111. The applicant shall maintain and make available upon request to the City of Ceres all information about flea market vendors required by State law, including but not limited to, Form CDTFA -410-D, for each vendor.
n. The flea market management shall work with the City of Ceres Engineering Services Department/Public Works Department and Public Safety Department regarding control of vehicular and pedestrian traffic to the flea market to the satisfaction of the City of Ceres and which is
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ained in the traffic control site plan on file with the planning department, a copy of which is attached hereto titled Temp Traffic Control #1 and Temp Traffic Control Plan #2 dated August 31, 2023. If traffic congestion caused by the flea market operation is not corrected by the applicant and the Watch Commander determines that the Ceres Public Safety Department needs to correct the traffic situation, the Department of Public Safety shall bill the applicant the costs of services rendered, and an updated traffic control site plan shall be requested.
o. In the event City staff determines that security problems occur from the flea market operation, the conditions of approval of this Conditional Use Permit may be amended as necessary, to require additional security measures be maintained at all hours during the operation to the satisfaction of the City, which may result in the flea market management paying for Ceres Police Officer(s) on site during the hours of flea market operation.
p. The applicant shall cooperate with the Director of Public Safety in complying with state law requirements on flea market operations.
Particularly, Article 6 of the Business and Professions Code requires vendor to report sales items and local agencies shall investigate the vendors. Section 496 of the Penal Code prohibits the sales of stolen property. No sales of firearms and illegal weapons are permitted. The Public Safety Department at its discretion will conduct unannounced inspections of the vendors a nd the inspections shall be paid by the management of the flea market operation.
Furthermore, if the applicant requests the Public Safety Department to provide extra Police enforcement, the full cost of such services shall be paid. Extra Police enforcement may include extra traffic control and security to the flea market and the surrounding area, as agreed by the Director of Public Safety and the management of the flea market. The Director of Public Safety at his discretion, may require more security or Police enforcement and the fully burden cost of these services shall be paid by the flea market management.
q. The flea market management shall implement and maintain a comprehensive fire access plan as approved by the Public Safety Office.
Any type of inspection or corrective action required by the Fire Marshall shall be paid by the flea market management.
r. Any proposed exterior lighting will need to be shielded and/or directed downward and away so as not to create any glare onto the future Collector Street, Crows Landing Road, and the neighboring properties.
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s. T
he properties at APN 056-055-032 and 056-055-006 shall be available as an overflow gravel parking area per Ceres Municipal Code Chapter
18.25. i. The entrance to the gravel parking area shall be from Pedro Marquez Avenue. The exit from the gravel parking area shall be onto Hackett Road. An irrevocable, reciprocal access easement is required.
ii. Any mud and/or gravel tracked onto the public roads from the gravel parking area shall be cleaned and removed by the applicant.
iii. Access to the gravel parking area shall be between the hours of sunrise and sunset exclusively.
iv. There shall be no ingress or egress between APN 056-055-032 (the overflow gravel parking area) and Carol Lane. A barricade must exist along the terminus of Carol Lane and upon APN 056-055-032 to the satisfaction of the Planning Division.
v. No chemicals shall be used when spraying water on the gravel parking area.
t. The applicant may operate a mobile food vendor park, for participation by multiple mobile food vendors, pursuant to Chapter 5.10 of the Ceres Municipal Code, at the northeast portion of the site as illustrated on the site plan on file with the Planning Division , a copy of which is attached hereto titled Exhibit “C” Urban Food Truck Park dated February 8, 2024, as follows:
i. The applicant shall be limited to a maximum of 30 food truck vendors and all mobile food vendor vehicles shall be situated within the area illustrated on the site plan (remaining out of drive aisle access areas).
The operation is permitted to have designated seating areas as illustrated on the site plan.
ii. Each food truck vendor shall maintain a valid City of Ceres business license and a valid health permit through the Stanislaus County Department of Environmental Resources.
iii. The mobile food vendor truck park may operate daily between the hours of 8:00 AM and 12:00 AM Midnight, year-round.
iv. All trucks shall have self -contained generators , or the ability to access on-site electrical outlets. In either case, power cords running on the ground shall be placed in a manner to protect those cords and the public to the satisfaction of the Fire Marshal.
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v.
Alcoholic beverage sales shall not be permitted within the mobile food truck park operation.
vi. Music and other related audio devices shall not be permitted to operate for this use in the food truck park area.
vii. Mobile food trucks may be parked on-site overnight, but no overnight camping of individuals is permitted.
viii. A restroom building is required for the food truck area. A building permit is required for the restroom building. Adequate portable restrooms shall be provided till restroom building is completed.
u. The applicant is permitted to operate the Flea Market operation on the site as illustrated on the site plan on file with the Planning Division, a copy of which attached hereto titled Overall Site Plan dated February 8, 2024, during the following days and times:
i. Thursdays, Fridays, Saturdays, & Sundays: 5:30am to 6pm (Year - Round). Absolutely no patrons shall be permitted within the facility before 5:30am. No sales of items shall be permitted after 6pm on these days.
ii. A Night Market shall be permitted on the northeast portion of the site as illustrated by the site plan on the file with the Planning Division, a copy of which is attached hereto titled Exhibit “B” Night & Food Market dated February 8, 2024, with the additional requirements:
1. May operate up to three (3) nights per week until 11pm.
2. S hall not operate during the normal hours of operation of El Rematito Flea Market, as indicated in condition 3.u.i. above.
3. Lighting is required for the parking area and market.
iii. The flea market operation shall be allowed to have up to a maximum of 648 (vendor) spaces (155 enclosed vendor spaces and 493 open air vendor spaces, which includes the 30 mobile food vendors ) as proposed by the applicant. The applicant shall submit, to the City Police Department and the City Planning Division, a list of the vendors (with their contact information) that will be operating at the flea market. The applicant shall be responsible for submitting an updated list of vendors every three (3) months to both City agencies as changes in vendors may arise over the life of the flea market operation.
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Vend
ors are permitted on site two hours prior to the start of each event and may stay up to two hours after the close of the event to allow for set-up and break-down of each event. Overnight camping is not permitted.
v. Activities permitted with the flea market use are as follows:
i. Sales of various goods.
ii. Food demonstrations, recipe contests, food themes, bakeries, and food vendor (catering) trucks, provided the applicant complies with the requirements of Stanislaus County Department of Environmental Resources.
w. Special Events such as Cinco de Mayo Celebrations , Mexican Independence Day Celebrations, Fourth of July Celebrations, Fashion Shows, Beauty Pageants, Open Air Concerts, Auto and Equipment Auction, and Car Shows, or any other activity not listed in these conditions of approval is desired, shall be permitted on the northeast portion of the site, as illustrated by the site plan on file with the Planning Division, a copy of which is attached hereto titled Exhibit “A” Special Events Courtyard dated February 8, 2024. The applicant shall be subject to the following conditions for such activity:
i. Planning Division:
1. A separate Temporary Use Permit (TUP) shall not be required.
2. All activities shall cease at 11:00pm.
3. The applicant shall be responsible for the cleanup of all trash caused by this event. The applicant shall ensure adequate trash receptacles are provided on site. The applicant shall be responsible for any and all damage that may occur on the site (including other structures and landscaping) as a result of this event.
4. All ADA accessible parking stalls shall remain clear and accessible.
5. Lighting shall be directed away from neighboring properties and away from Crows Landing Road and Hackett Road.
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ii. Bu
ilding Division:
1. Restrooms (temporary or permanent) with ADA accessibility are required to be available during the event.
2. The applicant shall provide temporary restroom facilities (porta- potties) with secondary containment if needed to meet the minimum requirement of twenty-two (22) restrooms.
3. The applicant shall obtain a permit for any proposed temporary electrical power. All generators must be grounded , properly barricaded and any power cords must be protected.
4. Steps and handrails constructed for a proposed stage must meet requirements of the currently adopted California Building Code.
iii. Engineering Services Department (538-5792)
1. The applicant shall provide on-site dust control in the parking lot areas during the event. Dust control shall not include chemical spraying.
2. The applicant shall provide traffic control measures for these events to the satisfaction of the City Engineer.
iv. Fire Department (209-538-5703)
1. A 24 -hour notice shall be given and an inspection of vendor booths, cooking facilities, and emergency access is required by the Fire Marshal prior to opening of these events.
2. Access shall be provided for emergency vehicles. Fire lanes and access roadways shall remain open and clear for emergency vehicles.
3. On-site and off-site fire hydrants shall be accessible during these events.
4. Fire extinguishers shall be provided at food booths and any generators used at this event shall be inspected and properly grounded.
5. Extinguishers shall be currently serviced and tagged.
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6. Cook
ing tents with deep fat fryers shall have a Class K Fire Extinguisher.
7. At least one Class 10 BC fire extinguisher shall be provided with each generator (CFC 3106.6.3).
8. Generators shall be isolated from the public by physical guard, fence, or enclosure (CFC 3106.6.2).
9. The stage area shall have a 2A10BC Fire Extinguisher accessible.
10. Electrical equipment and wiring shall be listed and labeled for outdoor use.
11. All tents shall comply with Chapter 31 of the California Fire Code (CFC). Tent permits are required for any tent meeting CFC 3103.2. Tent permits are valid for 180 days only.
12. Electrical equipment and wiring shall be listed and labeled for outdoor use.
13. Access gates into the exhibit spaces shall be sliding gates. They shall remain unlocked during any event while the public is present.
14. Gates identified as “Fire Access” shall be unlocked when employees enter the exhibits for set up/clean up.
v. Police Department (209-538-5719)
1. The applicant shall ensure that a minimum of twelve (12) security officers will be provided for the first 2,000 persons expected for the event and two (2) additional security officers shall be provided for every 500 persons in attendance above 2,000 persons. The Flea Market management shall provide the name of the security company, copies of their State and City licenses, and the contact number for the on-site security supervisor at least three (3) days prior to the event to facilitate any communication between the Ceres Police Watch Commander and the security company. If at least 12 security officers are not provided by the applicant, then the event will not proceed.
2. If it is determined by the Police Chief or designee that Ceres Police Officers are necessary for traffic control at the site, the cost
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these officers will be paid for by the applicant at the overtime rate for Police Officers.
3. Amplified sound shall be positioned to point away from nearby residences on Carol Lane.
4. Amplified sound shall not exceed the 70- decibel noise threshold measured at the property line of any surrounding residential properties.
5. All sound systems, acoustic bands or amplified music shall be stopped at 11:00pm.
6. Necessary approvals from the State of California Alcohol Beverage Control (ABC) Licensing Division shall be obtained for any event serving alcoholic beverages , and those conditions of approval shall be complied with at all times.
7. The alcoholic beverage serving area shall be monitored by staff members and security personnel to ensure minors are not being served. Customers desiring to consume alcoholic beverages shall be carded and wrist banded to ensure proper identification.
8. Attendees shall not be permitted to bring alcoholic beverages into any of these events.
9. Attendees shall not be allowed to leave with alcoholic beverages obtained or purchased at these events.
10. Alcohol shall not be served to attendees who appear to be intoxicated.
11. Security officers shall look for signs of people attempting to drive away from the event intoxicated and shall direct such drivers to not drive away from the event.
12. Alcohol must be served in plastic cups, paper cups or other acceptable containers, but in no event shall these containers be larger than 16 oz. per serving (no glass or closed cans permitted).
13. Those in possession of gang paraphernalia shall be prohibited from entering the premises.
vi. Other Agencies
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1. Appr
oval and proper permits shall be obtained from the
Stanislaus County Department of Environmental Resources for all food services. (Phone: 209-525-6700)
2. Approval and proper permits shall be obtained from the State of California Alcohol Beverage Control Department for the serving and consumption of alcohol. (Phone: 916-419-2500)
x. An Electronic Changeable Copy Sign shall be allowed at the northeast corner of the site at Pedro Marquez Avenue and Crows Landing in accordance with Ceres Municipal Code 18.26.110. A building permit is required for this sign.
y. Fire Department requirements:
i. Fire hydrants shall be installed every 300 feet of driveways and driving pathways. This includes the Fire Lane. Radius
measurements do not apply to hydrant spacing.
ii. Fire Hydrants cannot be obscured by any fence, wall, or vehicle.
iii. Access gates into the exhibit spaces shall be sliding gates. They shall remain unlocked during any event while the public is present.
iv. Gates identified as “Fire Access” shall be unlocked when employees enter the exhibits for set up/clean up.
v. Fire Lane shall be provided, including to the gravel parking area.
vi. Fire lane shall be 20 feet wide of all -weather road base with slurry seal, which has the capacity to support up to 77,000 pounds.
vii. Dead-ends greater than 150 feet require a turn around. See CFC Appendix D Figure D 103.1.
viii. Fire Lane curbs shall be painted red with white 4 inch letters saying “NO PARKING FIRE LANE” every 25 feet along the entire length of the fire lane. If no curb is present, signage as described in CFC Appendix D Figure D 103.6 shall be installed every 25 feet.
z. The applicant shall meet all requirements of Pacific Gas & Electric, SBC, San Joaquin Valley Air Pollution Control District, Turlock Irrigation District (including the letter from TID dated September 21, 2023) and other utility agencies serving the project site to the satisfaction of the Planning Division.
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C. GE
NERAL CONDITIONS OF APPROVAL
Planning Division
The applicant shall ensure that the CUP Amendment conforms to the requirements imposed by the Planning Division, which may include, but not limited to:
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, 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.
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. 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.
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
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ack, 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. As determined by the City, the applicant shall secure all necessary easements for reciprocal access, parking, emergency vehicle access (EVA), landscaping and/or public utilities over the proposed property as may be required. Where required, these easements shall be recorded prior to issuance of a Certificate of Occupancy.
7. The applicant shall ensure that outdoor storage of items are behind a screened fence or wall, as required. Depending on use, fences or walls shall not exceed 8’ in height including security measures unless required for environmental mitigation or approval of the Planning Commission or City Council.
8. The applicant shall comply with the visibility obstructions at public intersections provisions in Chapter 12.07 of the City of Ceres Municipal Code.
9. The applicant shall comply with San Joaquin Valley Air Pollution Control District Rule 9510. If applicable, the applicant shall submit verification of compliance or payment of fee, to the satisfaction of the Planning Division Manager or designee, from the Air District prior to issuance of a building permit.
10. 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 18.30 of the Ceres Municipal Code.
Engineering Services Department/Public Works Department
The applicant shall ensure that the CUP Amendment conforms to the requirements imposed by the Engineering Services Department/Public Works Department, which may include, but not limited to:
1. The applicant shall submit a grading and drainage plan and shall obtain the necessary permit. Calculations shall be submitted to show adequate detention basin capacity.
2. The applicant shall obtain an encroachment permit from the Engineering Services Department prior to any work done in the road right-of-way.
3. The applicant shall demonstrate that surface water runoff from the proposed project, including new paving and access/driveway areas, is conveyed to
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ite stormwater retention facilities and that the facilities are adequately sized for the proposed changes.
4. The City needs a copy of a Stormwater Pollution Prevention Plan (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. Additional information on BMP's may be found at: www.cabmphandbooks.com.
5. The applicant shall comply with the State Water Regional Control Board Storm water Best Management Practices during construction. The project may require the developer to submit a Notice of Intent (NOI) with the State Water Resources Control Board, and obtain a Waste Discharge Identification Number (WDID). More information may be found at www.waterboards.ca.gov.
6. The applicant shall comply with San Joaquin Valley Air Pollution Control District regulations for the construction phase of this project.
7. 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.
8. The applicant shall demonstrate that surface water runoff from the proposed structures, including new access/driveway/parking lot areas, is conveyed to on-site stormwater facilities and that the facilities are adequately sized for the proposed changes.
9. 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 Stormwater Best Management Practices during construction.
10. 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. The applicant shall provide the appropriate district water related service line for landscape irrigation service.
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11. Pr
ior 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.
12. The applicant shall provide traffic control plans, prepared by a registered civil engineer, for all proposed work within the right -of-way and for all work that may impede or affect traffic on Crows Landing Road.
13. 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.
14. All improvements shall be constructed in accordance with City standards and to the satisfaction of the Engineering Services Department.
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL
APPLY:
15. 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, 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.
16. 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.
17. 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.
18. 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.
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19. Suf
ficient surety guaranteeing the public improvements for a period of one year shall be provided.
20. 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
The applicant shall ensure that the CUP Amendment conforms to the requirements imposed by the Building Division, which may include, but not limited to:
1. If applicable, the applicant shall list all color and materials on the construction drawings when submitted to the City’s Building Division.
2. 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.
3. All construction shall meet the requirements of the currently adopted California Building Code, and disability accessibility as approved by the Building Division.
4. Handicapped accessibility to any proposed buildings/structures shall be required per State Law and to the approval of the Building official.
5. Disabled parking stalls shall have a dimension of 17’ x 19’ with the access area on the passenger side to comply with ADA standards.
6. The applicant shall provide on- site restroom facilities to the satisfaction of the Building Division during construction.
7. As applicable, the applicant shall pay all current fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, and Ceres Unified School District fee. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued.
Fire Department
ATTACHMENT F
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The a
pplicant shall ensure that the CUP Amendment conforms to the requirements imposed by the Fire Department, which may include, but not limited to:
1. The applicant shall provide “No Parking – Fire Lane” signage as required by the Fire Department.
2. Access shall be provided and maintained for emergency vehicles. Fire lanes and access roadways shall remain open and clear for emergency vehicles and shall be plainly marked.
3. On-site and off-site fire hydrants shall have clear and unobstructed access.
4. Existing Knox Box(es) shall be re- keyed to Ceres Fire Department Code.
Knox locks on Ceres Fire System for all driveway gates is required. Any additional gates for access shall have Knox type locks installed.
5. All emergency vehicle access areas shall be constructed of an all-weather material approved by the Ceres Emergency Services Department.
6. A minimum of 24-hour notice is required for all inspections.
7. The applicant shall provide and install security lighting.
8. Fire extinguishers shall be provided at food booths, food trucks, and any generators used at this flea market operation shall be inspected and properly grounded. Extinguishers shall be currently serviced and tagged.
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.
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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
RESOLUTION NO. PC 24-08
RESOLUTION OF THE CITY OF CERES PLANNING COMMISSION AMENDING CONDITIONAL USE PERMIT 13-12 TO ALLOW THE EL REMATITO FLEA MARKET
THE ADDITION OF A NIGHT MARKET, AN ELECTRONIC CHANGEABLE COPY SIGN, NEW RESTROOM BUILDING, AND OVERFLOW PARKING ON APN’S 056 -055-032 AND 056 -055-006 AT 3025 AND 3113 CROWS LANDING ROAD. APPLICATION NUMBER 23-23 CUP AMENDMENT.
APPLICANT/
PROPERTY OWNER: Quetzal Corporation
Pedro and Candida Marquez
5507 Prairie Flower Road
Ceres, CA 95307
APPLICANT’S
REPRESENTATIVE: Nelson Gomez
4043 Geer Road
Hughson, CA 95326
SITE LOCATION: 3025-3113 Crows Landing Road Ceres, CA 95307
APN: 056-055-006, 056-055-030, 056-055-032 and 056-055-033
WHEREAS, the Planning Commission of the City of Ceres, State of California, has considered an amendment of the Conditional Use Permit (CUP) for El Rematito Flea Market to operate at 3025 and 3113 Crows Landing Road (APNs 056-055-006, 056-055- 030, 056-055-032 and 056-055-033); and,
WHEREAS, the Planning Commission held a duly noticed public hearing on October 3, 2022 at 6:00 p.m. and approved Resolution PC 22- 22 to allow a 12- month extension of the Conditional Use Permit 13-12 for El Rematito Flea Market; and,
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WHEREAS, the Planning Commission held a duly noticed public hearing on October 2, 2023 at 6:00 p.m. and approved Resolution PC 23-22 to allow an extension to December 4, 2023 of the Conditional Use Permit 13-12 for El Rematito Flea Market; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on December 4, 2023 at 6:00 p.m. and approved Resolution PC 23-27 to allow an extension to February 5, 2024 of the Conditional Use Permit 13- 12 for El Rematito Flea Market ; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on February 5, 2024 at 6:00 p.m. and approved Resolution PC 24-07 to allow an extension to March 4, 2024 of the Conditional Use Permit 13-12 for El Rematito Flea Market; and,
WHEREAS, the Planning Commission cancelled the public hearing on March 4, 2024 at 6:00 p.m. and continued to the public hearing on April 1, 2024 at 6:00 p.m.; and,
WHEREAS, the Planning Commission , in approving this Conditional Use Permit, find as follows:
1. That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by this title to adjust the use with land and uses in the neighborhood;
2. That the site for the proposed use related to streets and highways is adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
3. That the proposed use will have no adverse effect on abutting property or the permitted use thereof;
4. That the conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Ceres as follows:
Section 1. The Planning Commission hereby confirms that the Conditional Use Permit is exempt from the California Environmental Quality Act per Section 15301 (Existing Facilities) and 15304 (Minor Alterations to Land).
Section 2. All previously approved conditions of approval are hereby replaced with the conditions of approval attached to this Resolution as Exhibit A.
Section 3. The establishment and operation of the Conditional Use Perm it requires compliance with the conditions of approval, which are contained in this resolution ITEM 7
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and attached as Exhibit “A” and on file in the Planning Division, and shall be binding on all heirs, assignees, and successors in interest of said property.
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 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 the 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 exacti ons, 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.
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 P lanning Commission held on the 1
st day of April 2024, by the following vote:
AYES: Commissioners Condit, Del Nero, Johnson, Kachel, Chairperson Otero
NOES: None
ABSENT: None
ABSTAIN: None
DOUGLAS D. DUNFORD, SECRETARY OF
THE CERES PLANNING COMMISSION
CITY OF CERES
ATTEST:
_________________________________
ANN MONTGOMERY
ADMINISTRATIVE SECRETARY
CITY OF CERES
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EXHIBIT “A”
CONDITIONS OF APPROVAL
23-23 (Conditional Use Permit) Amendment of CUP 13-12
City of Ceres
3025 - 3113 Crows Landing Road
Ceres, CA 95307
Approved by the Planning Commission: April 1, 2024
Approved by the City Council: N/A
Amended by Staff/PC/CC on N/A
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 the flea market operation and those permitted uses per the PC-68 zoning district as applicable, as it exist s now or may be amended in the future.
3. This Conditional Use Permit amendment for the additional restroom building, an electronic changeable copy sign, night market, mobile food vendor park, special event venue and over-flow parking lot shall expire within thirty six (36) months (April 1 , 2027) 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. The El Rematito Flea Market is an established use and will not expire with this permit.
B. PROJECT SPECIFIC CONDITIONS
Prior to issuance of a building permit final or Certificate of Occupancy, 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 describe how the condition has been met and shall, where applicable; direct the plan checker to the page and/or drawing detail that de monstrates compliance with the condition.
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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. The conditions of approval associated with this application (CUP 13- 12 Amendment) supersedes all previously approved resolutions with conditions of approval through Stanislaus County as related to the El Rematito flea market operation.
3. This Conditional Use Permit is approved to allow a flea market operation subject to compliance with the following conditions:
a. The applicant shall comply with all applicable sections of the West Landing Specific Plan and the Ceres Municipal Code.
b. The applicant shall maintain all on- site landscape areas and the 1,620 on-site parking spaces to serve the flea market operation to the satisfaction of the City. (Calculated at 2.5 parking spaces per vendor).
c. All parking areas shall be maintained and re -striped (as necessary) to the satisfaction of the City of Ceres. Parking- restricted areas must be correctly marked. Adequate handicap- accessible parking shall be provided and marked appropriately in accordance with the requirements of the Building Division. The flea market management shall, in writing, authorize the Ceres Police Department to enforce parking restrictions.
d. The applicant shall ensure the existing structures are well maintained to the satisfaction of the City.
e. A four hundred and fifty-four (454) square foot restroom building, per the approved site plans of this project, which is on file with the Planning Division, a copy of which is attached hereto titled Exhibit “D” Restrooms, dated February 8, 2024, may be constructed. Building permits are required.
f. Vendors are not permitted to sell any alcoholic beverages intended for on-site consumption during the operation. Beer and wine (alcohol) sales shall not be permitted with the flea market operation, except that such sales of alcohol may be permitted for specific events as noted in Condition of Approval 3.w. of this resolution.
g. Each produce and/or food vendor shall maintain the applicable valid health permits from the County of Stanislaus Department of Environmental Resources, Stanislaus County Agricultural ITEM 7
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Commissioner, and from the State of California Department of Agriculture. The flea market management must allow the access of inspectors from those agencies. Individual vendors shall be responsible for compliance with adopted regulations imposed by these agencies.
The flea market management shall show evidence of compliance with these agencies’ requirements with the necessary documents being readily available on-site.
h. The applicant shall ensure that each food vendor, if permitted, maintains appropriate commercial liability insurance coverage.
i. The applicant shall maintain a current insurance policy in the amount of $1,000,000, for the flea market operation, covering all market activities and naming the City of Ceres as an additional insured through a hold harmless agreement. The applicant shall provide a copy of the insurance policy document to the City if and when the City makes such request.
j. Vendors are not permitted to bring animals and pets (except ADA service dogs) to the operation.
k. A manager/event coordinator is required on- site during the operation.
The individual shall be responsible for safety, emergencies and operation set -up and clean- up. The manager/event coordinator shall provide the City immediately with their contact information (such as mailing address and business/cell phone number) and update as person(s) change.
l. A business license, held by the applicant, is required for the operation of the flea market. The applicant shall collect a business license fee (in an amount as determined by the City Council) per day and remit such fees to the City on a quarterly basis in lieu of individual business licenses and fees for each flea market vendor.
m. The applicant shall abide by State law, including but not limited to, California Business and Professions Code Sections 21660 to 21669.1 and California Department of Tax and Fee Administration (CDTFA) Publication 111. The applicant shall maintain and make available upon request to the City of Ceres all information about flea market vendors required by State law, including but not limited to, Form CDTFA -410-D, for each vendor.
n. The flea market management shall work with the City of Ceres Engineering Services Department/Public Works Department and Public Safety Department regarding control of vehicular and pedestrian traffic to the flea market to the satisfaction of the City of Ceres and which is ITEM 7
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contained in the traffic control site plan on file with the planning department, a copy of which is attached hereto titled Temp Traffic Control #1 and Temp Traffic Control Plan #2 dated August 31, 2023. If traffic congestion caused by the flea market operation is not corrected by the applicant and the Watch Commander determines that the Ceres Public Safety Department needs to correct the traffic situation, the Department of Public Safety shall bill the applicant the costs of services rendered, and an updated traffic control site plan shall be requested.
o. In the event City staff determines that security problems occur from the flea market operation, the conditions of approval of this Conditional Use Permit may be amended as necessary, to require additional security measures be maintained at all hours during the operation to the satisfaction of the City, which may result in the flea market management paying for Ceres Police Officer(s) on site during the hours of flea market operation.
p. The applicant shall cooperate with the Director of Public Safety in complying with state law requirements on flea market operations.
Particularly, Article 6 of the Business and Professions Code requires vendor to report sales items and local agencies shall investigate the vendors. Section 496 of the Penal Code prohibits the sales of stolen property. No sales of firearms and illegal weapons are permitted. The Public Safety Department at its discretion will conduct unannounced inspections of the vendors a nd the inspections shall be paid by the management of the flea market operation.
Furthermore, if the applicant requests the Public Safety Department to provide extra Police enforcement, the full cost of such services shall be paid. Extra Police enforcement may include extra traffic control and security to the flea market and the surrounding area, as agreed by the Director of Public Safety and the management of the flea market. The Director of Public Safety at his discretion, may require more security or Police enforcement and the fully burden cost of these services shall be paid by the flea market management.
q. The flea market management shall implement and maintain a comprehensive fire access plan as approved by the Public Safety Office.
Any type of inspection or corrective action required by the Fire Marshall shall be paid by the flea market management.
r. Any proposed exterior lighting will need to be shielded and/or directed downward and away so as not to create any glare onto the future Collector Street, Crows Landing Road, and the neighboring properties.
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s. The properties at APN 056-055-032 and 056-055-006 shall be available as an overflow gravel parking area per Ceres Municipal Code Chapter
18.25. i. The entrance to the gravel parking area shall be from Pedro Marquez Avenue. The exit from the gravel parking area shall be onto Hackett Road. An irrevocable, reciprocal access easement is required.
ii. Any mud and/or gravel tracked onto the public roads from the gravel parking area shall be cleaned and removed by the applicant.
iii. Access to the gravel parking area shall be between the hours of sunrise and sunset exclusively.
iv. There shall be no ingress or egress between APN 056-055-032 (the overflow gravel parking area) and Carol Lane. A barricade must exist along the terminus of Carol Lane and upon APN 056-055-032 to the satisfaction of the Planning Division.
v. No chemicals shall be used when spraying water on the gravel parking area.
t. The applicant may operate a mobile food vendor park, for participation by multiple mobile food vendors, pursuant to Chapter 5.10 of the Ceres Municipal Code, at the northeast portion of the site as illustrated on the site plan on file with the Planning Division , a copy of which is attached hereto titled Exhibit “C” Urban Food Truck Park dated February 8, 2024, as follows:
i. The applicant shall be limited to a maximum of 30 food truck vendors and all mobile food vendor vehicles shall be situated within the area illustrated on the site plan (remaining out of drive aisle access areas).
The operation is permitted to have designated seating areas as illustrated on the site plan.
ii. Each food truck vendor shall maintain a valid City of Ceres business license and a valid health permit through the Stanislaus County Department of Environmental Resources.
iii. T
he mobile food vendor truck park may operate daily between the hours of 8:00 AM and 12:00 AM Midnight 10:00 PM, year-round.
iv. All trucks shall have self -contained generators , or the ability to access on-site electrical outlets. In either case, power cords running on the ground shall be placed in a manner to protect those cords and the public to the satisfaction of the Fire Marshal.
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v. A lcoholic beverage sales shall not be permitted within the mobile food truck park operation.
vi. Music and other related audio devices shall not be permitted to operate for this use in the food truck park area.
vii. Mobile food trucks may be parked on-site overnight, but no overnight camping of individuals is permitted.
viii. A restroom building is required for the food truck area. A building permit is required for the restroom building. Adequate portable restrooms shall be provided till restroom building is completed.
u. The applicant is permitted to operate the Flea Market operation on the site as illustrated on the site plan on file with the Planning Division, a copy of which attached hereto titled Overall Site Plan dated February 8, 2024, during the following days and times:
i. Thursdays, Fridays, Saturdays, & Sundays: 5:30am to 6pm (Year - Round). Absolutely no patrons shall be permitted within the facility before 5:30am. No sales of items shall be permitted after 6pm on these days.
ii. A Night Market shall be permitted on the northeast portion of the site as illustrated by the site plan on the file with the Planning Division, a copy of which is attached hereto titled Exhibit “B” Night & Food Market dated February 8, 2024, with the additional requirements:
1. Ma
y o perate up to three (3) nights per week until 11pm 10:00 PM.
2. S hall not operate during the normal hours of operation of El Rematito Flea Market, as indicated in condition 3.u.i. above.
3. Lighting is required for the parking area and market.
iii. The flea market operation shall be allowed to have up to a maximum of 648 (vendor) spaces (155 enclosed vendor spaces and 493 open air vendor spaces, which includes the 30 mobile food vendors ) as proposed by the applicant. The applicant shall submit, to the City Police Department and the City Planning Division, a list of the vendors (with their contact information) that will be operating at the flea market. The applicant shall be responsible for submitting an updated list of vendors every three (3) months to both City agencies as changes in vendors may arise over the life of the flea market operation.
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Vendors are permitted on site two hours prior to the start of each event and may stay up to two hours after the close of the event to allow for set-up and break-down of each event. Overnight camping is not permitted.
v. Activities permitted with the flea market use are as follows:
i. Sales of various goods.
ii. Food demonstrations, recipe contests, food themes, bakeries, and food vendor (catering) trucks, provided the applicant complies with the requirements of Stanislaus County Department of Environmental Resources.
w. Special Events such as Cinco de Mayo Celebrations , Mexican Independence Day Celebrations, Fourth of July Celebrations, Fashion Shows, Beauty Pageants, Open Air Concerts, Auto and Equipment Auction, and Car Shows, or any other activity not listed in these conditions of approval is desired, shall be permitted on the northeast portion of the site, as illustrated by the site plan on file with the Planning Division, a copy of which is attached hereto titled Exhibit “A” Special Events Courtyard dated February 8, 2024. The applicant shall be subject to the following conditions for such activity:
i. Planning Division:
1. A
separate Temporary Use Permit (TUP) shall not be required.
2. All activities shall cease at 11:00pm.
3. The applicant shall be responsible for the cleanup of all trash caused by this event. The applicant shall ensure adequate trash receptacles are provided on site. The applicant shall be responsible for any and all damage that may occur on the site (including other structures and landscaping) as a result of this event.
4. All ADA accessible parking stalls shall remain clear and accessible.
5. Lighting shall be directed away from neighboring properties and away from Crows Landing Road and Hackett Road.
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ii. Building Division:
1. Restrooms (temporary or permanent) with ADA accessibility are required to be available during the event.
2. The applicant shall provide temporary restroom facilities (porta- potties) with secondary containment if needed to meet the minimum requirement of twenty-two (22) restrooms.
3. The applicant shall obtain a permit for any proposed temporary electrical power. All generators must be grounded , properly barricaded and any power cords must be protected.
4. Steps and handrails constructed for a proposed stage must meet requirements of the currently adopted California Building Code.
iii. Engineering Services Department (538-5792)
1. The applicant shall provide on-site dust control in the parking lot areas during the event. Dust control shall not include chemical spraying.
2. The applicant shall provide traffic control measures for these events to the satisfaction of the City Engineer.
iv. Fire Department (209-538-5703)
1. A 24 -hour notice shall be given and an inspection of vendor booths, cooking facilities, and emergency access is required by the Fire Marshal prior to opening of these events.
2. Access shall be provided for emergency vehicles. Fire lanes and access roadways shall remain open and clear for emergency vehicles.
3. On-site and off-site fire hydrants shall be accessible during these events.
4. Fire extinguishers shall be provided at food booths and any generators used at this event shall be inspected and properly grounded.
5. Extinguishers shall be currently serviced and tagged.
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6. Cooking tents with deep fat fryers shall have a Class K Fire Extinguisher.
7. At least one Class 10 BC fire extinguisher shall be provided with each generator (CFC 3106.6.3).
8. Generators shall be isolated from the public by physical guard, fence, or enclosure (CFC 3106.6.2).
9. The stage area shall have a 2A10BC Fire Extinguisher accessible.
10. Electrical equipment and wiring shall be listed and labeled for outdoor use.
11. All tents shall comply with Chapter 31 of the California Fire Code (CFC). Tent permits are required for any tent meeting CFC 3103.2. Tent permits are valid for 180 days only.
12. Electrical equipment and wiring shall be listed and labeled for outdoor use.
13. Access gates into the exhibit spaces shall be sliding gates. They shall remain unlocked during any event while the public is present.
14. Gates identified as “Fire Access” shall be unlocked when employees enter the exhibits for set up/clean up.
v. Police Department (209-538-5719)
1. The applicant shall ensure that a minimum of twelve (12) security officers will be provided for the first 2,000 persons expected for the event and two (2) additional security officers shall be provided for every 500 persons in attendance above 2,000 persons. The Flea Market management shall provide the name of the security company, copies of their State and City licenses, and the contact number for the on-site security supervisor at least three (3) days prior to the event to facilitate any communication between the Ceres Police Watch Commander and the security company. If at least 12 security officers are not provided by the applicant, then the event will not proceed.
2. If it is determined by the Police Chief or designee that Ceres Police Officers are necessary for traffic control at the site, the cost ITEM 7
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for these officers will be paid for by the applicant at the overtime rate for Police Officers.
3. Amplified sound shall be positioned to point away from nearby residences on Carol Lane.
4. Amplified sound shall not exceed the 70- decibel noise threshold measured at the property line of any surrounding residential properties.
5. A
ll sound systems, acoustic bands or amplified music shall be stopped at 11:00pm 10:00 PM.
6. Necessary approvals from the State of California Alcohol Beverage Control (ABC) Licensing Division shall be obtained for any event serving alcoholic beverages , and those conditions of approval shall be complied with at all times.
7. The alcoholic beverage serving area shall be monitored by staff members and security personnel to ensure minors are not being served. Customers desiring to consume alcoholic beverages shall be carded and wrist banded to ensure proper identification.
8. Attendees shall not be permitted to bring alcoholic beverages into any of these events.
9. Attendees shall not be allowed to leave with alcoholic beverages obtained or purchased at these events.
10. Alcohol shall not be served to attendees who appear to be intoxicated.
11. Security officers shall look for signs of people attempting to drive away from the event intoxicated and shall direct such drivers to not drive away from the event.
12. Alcohol must be served in plastic cups, paper cups or other acceptable containers, but in no event shall these containers be larger than 16 oz. per serving (no glass or closed cans permitted).
13. Those in possession of gang paraphernalia shall be prohibited from entering the premises.
vi. Other Agencies
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1. Approval and proper permits shall be obtained from the Stanislaus County Department of Environmental Resources for all food services. (Phone: 209-525-6700)
2. Approval and proper permits shall be obtained from the State of California Alcohol Beverage Control Department for the serving and consumption of alcohol. (Phone: 916-419-2500)
x. An Electronic Changeable Copy Sign shall be allowed at the northeast corner of the site at Pedro Marquez Avenue and Crows Landing in accordance with Ceres Municipal Code 18.26.110. A building permit is required for this sign.
y. Fire Department requirements:
i. Fire hydrants shall be installed every 300 feet of driveways and driving pathways. This includes the Fire Lane. Radius
measurements do not apply to hydrant spacing.
ii. Fire Hydrants cannot be obscured by any fence, wall, or vehicle.
iii. Access gates into the exhibit spaces shall be sliding gates. They shall remain unlocked during any event while the public is present.
iv. Gates identified as “Fire Access” shall be unlocked when employees enter the exhibits for set up/clean up.
v. Fire Lane shall be provided, including to the gravel parking area.
vi. Fire lane shall be 20 feet wide of all -weather road base with slurry seal, which has the capacity to support up to 77,000 pounds.
vii. Dead-ends greater than 150 feet require a turn around. See CFC Appendix D Figure D 103.1.
viii. Fire Lane curbs shall be painted red with white 4 inch letters saying “NO PARKING FIRE LANE” every 25 feet along the entire length of the fire lane. If no curb is present, signage as described in CFC Appendix D Figure D 103.6 shall be installed every 25 feet.
z. The applicant shall meet all requirements of Pacific Gas & Electric, SBC, San Joaquin Valley Air Pollution Control District, Turlock Irrigation District (including the letter from TID dated September 21, 2023) and other utility agencies serving the project site to the satisfaction of the Planning Division.
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C. GENERAL CONDITIONS OF APPROVAL
Planning Division
The applicant shall ensure that the CUP Amendment conforms to the requirements imposed by the Planning Division, which may include, but not limited to:
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, 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.
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. 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.
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 ITEM 7
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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. As determined by the City, the applicant shall secure all necessary easements for reciprocal access, parking, emergency vehicle access (EVA), landscaping and/or public utilities over the proposed property as may be required. Where required, these easements shall be recorded prior to issuance of a Certificate of Occupancy.
7. The applicant shall ensure that outdoor storage of items are behind a screened fence or wall, as required. Depending on use, fences or walls shall not exceed 8’ in height including security measures unless required for environmental mitigation or approval of the Planning Commission or City Council.
8. The applicant shall comply with the visibility obstructions at public intersections provisions in Chapter 12.07 of the City of Ceres Municipal Code.
9. The applicant shall comply with San Joaquin Valley Air Pollution Control District Rule 9510. If applicable, the applicant shall submit verification of compliance or payment of fee, to the satisfaction of the Planning Division Manager or designee, from the Air District prior to issuance of a building permit.
10. 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 18.30 of the Ceres Municipal Code.
Engineering Services Department/Public Works Department
The applicant shall ensure that the CUP Amendment conforms to the requirements imposed by the Engineering Services Department/Public Works Department, which may include, but not limited to:
1. The applicant shall submit a grading and drainage plan and shall obtain the necessary permit. Calculations shall be submitted to show adequate detention basin capacity.
2. The applicant shall obtain an encroachment permit from the Engineering Services Department prior to any work done in the road right-of-way.
3. The applicant shall demonstrate that surface water runoff from the proposed project, including new paving and access/driveway areas, is conveyed to ITEM 7
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on-site stormwater retention facilities and that the facilities are adequately sized for the proposed changes.
4. The City needs a copy of a Stormwater Pollution Prevention Plan (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. Additional information on BMP's may be found at: www.cabmphandbooks.com.
5. The applicant shall comply with the State Water Regional Control Board Storm water Best Management Practices during construction. The project may require the developer to submit a Notice of Intent (NOI) with the State Water Resources Control Board, and obtain a Waste Discharge Identification Number (WDID). More information may be found at www.waterboards.ca.gov.
6. The applicant shall comply with San Joaquin Valley Air Pollution Control District regulations for the construction phase of this project.
7. 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.
8. The applicant shall demonstrate that surface water runoff from the proposed structures, including new access/driveway/parking lot areas, is conveyed to on-site stormwater facilities and that the facilities are adequately sized for the proposed changes.
9. 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 Stormwater Best Management Practices during construction.
10. 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. The applicant shall provide the appropriate district water related service line for landscape irrigation service.
ITEM 7
ATTACHMENT G
{CW135477.1}
11. 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.
12. The applicant shall provide traffic control plans, prepared by a registered civil engineer, for all proposed work within the right -of-way and for all work that may impede or affect traffic on Crows Landing Road.
13. 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.
14. All improvements shall be constructed in accordance with City standards and to the satisfaction of the Engineering Services Department.
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL
APPLY:
15. 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, 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.
16. 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.
17. 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.
18. 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.
ITEM 7
ATTACHMENT G
{CW135477.1}
19. Sufficient surety guaranteeing the public improvements for a period of one year shall be provided.
20. 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
The applicant shall ensure that the CUP Amendment conforms to the requirements imposed by the Building Division, which may include, but not limited to:
1. If applicable, the applicant shall list all color and materials on the construction drawings when submitted to the City’s Building Division.
2. 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.
3. All construction shall meet the requirements of the currently adopted California Building Code, and disability accessibility as approved by the Building Division.
4. Handicapped accessibility to any proposed buildings/structures shall be required per State Law and to the approval of the Building official.
5. Disabled parking stalls shall have a dimension of 17’ x 19’ with the access area on the passenger side to comply with ADA standards.
6. The applicant shall provide on- site restroom facilities to the satisfaction of the Building Division during construction.
7. As applicable, the applicant shall pay all current fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, and Ceres Unified School District fee. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued.
Fire Department
ITEM 7
ATTACHMENT G
{CW135477.1}
The applicant shall ensure that the CUP Amendment conforms to the requirements imposed by the Fire Department, which may include, but not limited to:
1. The applicant shall provide “No Parking – Fire Lane” signage as required by the Fire Department.
2. Access shall be provided and maintained for emergency vehicles. Fire lanes and access roadways shall remain open and clear for emergency vehicles and shall be plainly marked.
3. On-site and off-site fire hydrants shall have clear and unobstructed access.
4. Existing Knox Box(es) shall be re- keyed to Ceres Fire Department Code.
Knox locks on Ceres Fire System for all driveway gates is required. Any additional gates for access shall have Knox type locks installed.
5. All emergency vehicle access areas shall be constructed of an all-weather material approved by the Ceres Emergency Services Department.
6. A minimum of 24-hour notice is required for all inspections.
7. The applicant shall provide and install security lighting.
8. Fire extinguishers shall be provided at food booths, food trucks, and any generators used at this flea market operation shall be inspected and properly grounded. Extinguishers shall be currently serviced and tagged.
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
ATTACHMENT H
City of Ceres
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA, on May 28, 2024, at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to an appeal of the following 23-23 Conditional Use Permit (CUP) amendment: Appeal of Conditional Use Permit Amendment for El Rematito Flea Market’s previously approved Conditional Use Permit (13-12 CUP, as amended).
Location: 3025 and 3113 Crows Landing Road, Ceres, CA 95307 (APN: 056-055-006, -030, -032, and -033)
Applicant: Nelson Gomez
Parcel size: 37.67+/- acres in total
Zoning: P-C (68) West Landing Specific Plan Area
General Plan: Community Commercial (CC), Neighborhood Commercial (NC), High Density Residential (HDR), and Medium High Density Residential (MHDR)
CEQA: Exempt per Section 15301, Existing Facilities, and 15304, Minor Alterations to Land
All Interested parties are invited to attend said hearing and express opinions or submit evidence for or against proposal as outlined above.
Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street Ceres, CA 95307 or by telephone at (209) 538-5731.
If a citizen wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Ceres, at, or prior to the public hearing.
/s/ Fallon Martin, City Clerk
Date Notice Posted: May 15, 2024
ITEM 7
ITEM 7
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: May 28, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Darin Jesberg, Deputy Fire Chief
[email protected], (209) 577-9139
SUBJECT: Ordinance No. 2024 -XXXX, Amending Title 15 , Buildings and Construction, Chapter 8, California Fire Code, of the Ceres Municipal Code to Adopt the 2022 California Fire Code
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council approve the first reading and introduction of Ordinance No. 2024-XXX amending Title, 15, Chapter 8 of the Ceres Municipal Code , which adopts by reference the California Fire Code, 2022 Edition.
I. BACKGROUND:
The California Building Standards Commission (CBSC) adopted the California Fire Code in July 2022. This code was designed and promulgated to be adopted by ordinance by local jurisdictions as an enforceable set of regulations for the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and from conditions hazardous to life or property in the occupancy of buildings and premises.
II. REASONS FOR RECOMMENDATION:
This code establishes the minimum fire and life safety requirements for the State of California and is automatically adopted by state law. It is reviewed and updated at an interval of every three years. In addition, each local jurisdiction must adopt rules and requirements for administering this code. The local jurisdiction may also adopt the amendments identified by said ordinance that are reasonably necessary as affected by local climatic, geological, or topographical conditions. Additionally, the adopti on of the fire code will provide a more unified administration as it applies to inspection and plan check of construction projects in the City of Ceres. This code allows for the use of the latest technologies, materials and methods allowed by the State of California and the International Code Community. As the 2022 California Fire Code amendments were ITEM 8
adopted by the City of Ceres in June of 2023, there were minor changes to some code sections that need to be added in order to provide greater fire protection for the City, as well as correcting date references from the 2019 version to 2022 version. These changes include the standards of materials used for fire and emergency apparatus access roads.
III. FISCAL IMPACTS:
No fiscal impact is anticipated.
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
This project is in conformance with the priority of the Strategic Plan to ensure the community has adequate, well-maintained infrastructure.
V. POLICY ALTERNATIVES:
Council can choose not to approve the Ordinance and the Municipal Code will remain unchanged and out of alignment with the California Fire Code. The City will still be required to enforce all updated rules and regulations under the California Fire Code.
VI. INTERDEPARTMENTAL COORDINATION:
The Modesto Fire D epartment, which provides fire protection services to the City of Ceres, has worked in coordination with City of Modesto Attorney’s Office and City of Ceres City Clerk’s Office.
VII. PUBLIC PARTICIPATION:
Notice of Public Hearing will be posted and published prior to the public hearing scheduled on May 14, 2024.
VIII. ENVIRONMENTAL REVIEW:
Not Applicable.
IX. STEPS FOLLOWING APPROVAL:
Adoption of the Ordinance enacting changes to the Ceres Municipal Code to be immediately enforced by the Modesto Fire Department.
Approved by: _________________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Ordinance
2. Attachment B – Draft Ordinance of Chapter 8 of Title 15 of the Ceres Municipal Code
ITEM 8
ATTACHMENT A
{CW126823.1}
ORDINANCE NO. 2024-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES
AMENDING TITLE 15, BUILDINGS AND CONSTRUCTION, CHAPTER
8, CALIFORNIA FIRE CODE, OF THE CERES MUNICIPAL CODE TO ADOPT THE 2022 CALIFORNIA FIRE CODE
WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the Commission), or at a later date established by the Commission; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, make an express finding that such changes are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings and changes have been filed with the California Building Standards Commission; and
WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and
WHEREAS, notice of the Ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof.
NOW, THEREFORE, THE CITY OF CERES CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. ADDITION OF CODE SECTION. Chapter 8 OF Title 15 of the Ceres Municipal Code is hereby amended with the following:
That certain document, one copy of which is on file in the Office of the City Clerk of the City of Ceres being marked and designated as "California Fire Code" hereafter designated as "CFC" Part 9 of Title 24 California Code of Regulations as published by the International Code Council, 2023Edition, including Chapter 1 with Divisions I and II ITEM 8
ATTACHMENT A
{CW126823.1}
but deleting section 111.1-111.4 and adopting chapter 26 and Sections 104.1, 104.11, 104.11.1, 104.12-104.12.3, 104.3, 104.3.1, 105.6.9, 106, 107.1, 108, 109, 113, 114, 303, 305, 306, 307, 308.1.4, 308.1.6.3, 309, 311, 321, 403.10.5, 503, 510.3, 805, 806, 807, and 808, Chapter 4 and Appendix B, BB, C,CC, D, E, F, G, I, K, N, O and Division 1 California Administration and Division II scope Administration as published by the International Code Council, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing f or the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said California Fire Code, 2023 Edition, on file in the offic e of the City of Ceres Building Division is hereby referred to, adopted, and made a part in accordance with, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in this Chapter and is adopted as the Fire Code of the City of Ceres.
Section 503.2.3 is added to the California Fire Code and reads as follows:
Section 503.2.3 Surfaces. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced as to support all weather driving capabilities. All weather shall be concrete or asphalt.
Appendix D Section D101.1 is added to the California Fire Code and reads as follows:
Section D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the California Fire Code and apply only to private property and roads.
SECTION 2. FINDINGS AND DECLARATION. As required by the 2023 California Fire Code, Section 101.1 the Council of the City of Ceres finds and declares that the foregoing additions, modifications and changes to the regulations adopted pursuant to the 2023 California Fire Code are reasonably necessary because of local climate and geographic conditions. The ordinance also prescribes local procedures to be used in the administration and enforcement of this Code; provides for local interpretations of this Code and makes other changes in this Code consistent with local custom and practices as reflected in the prior local Fire Code.
SECTION 3. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 4. SAVINGS. The provisions of this ordinance shall not affect any proceedings, suit or prosecution heretofore or hereafter commenced under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance shall be discharged or affected by the adoption of this or dinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be ITEM 8
ATTACHMENT A
{CW126823.1}
instituted or proceeded with in all respects as if this ordinance had not been adopted.
SECTION 5. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in the Ceres Courier, the official newspaper of the City of Ceres, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.
SECTION 6. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and in this case it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3).
SECTION 7. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 8. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL . This Ordinance was introduced at a special meeting of the City Council held on the 28th day of May 2024, and passed and adopted as Ordinance No. 202 4-XXXX at a regular meeting of the City Council held on the 24th day of June 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
APPROVED:
___________________________________
Javier Lopez, Mayor
ATTEST:
________________________________
Fallon Martin, City Clerk
APPROVED AS TO FORM:
_______________________________
Nubia I. Goldstein, City Attorney
ITEM 8
ITEM 8
Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION
{CW090978.8}
Chapter 08
CALIFORNIA FIRE CODE
Sections:
15.08.010 Title.
15.08.020 Adoption by Ref erence of the California Fire Code.
15.08.030 Administration.
15.08.040 Enforcement.
15.08.050 Section 105.1.2 of the CFC Amended; Types of Permits.
15.08.060 Sectio n 105.2 of the CFC Amended; Application.
15.08.070 Section 105.6.8 of the CFC Amended; Compressed Gases.
15.08.080 Section 105.6.10 of the CFC Amended; Cryogenic Fluids.
15.08.090 Section 105.6.16 of the CFC Amended; Flammable and Combustible Liquids.
15.08.100 Sectio n 105.6.25 of the CFC Amended; Lumber Yards and Woodworking Plants.
15.08.110 Section 110.4 of the CFC Amended; Violation Penalties.
15.08.120 Sectio n 312.1 of the CFC Amended; Vehicle Impact Protection.
15.08.130 Sectio n 503 of the CFC Amended; Fire Apparatus Access Roads.
15.08.140 Section 507.5.1 of the CFC Amended; Where Required.
15.08.150 Sectio n 507.5.7 of the CFC Added; Hydrants.
15.08.160 Section 507.5.8 of the CFC Added; Hydrant Identification.
15.08.170 Sectio n 603.8 of the CFC Amended; Incinerators.
15.08.180 Sectio n 603.8.1 of the CFC Deleted; Residential Incinerators.
15.08.190 Section 603.8.2 of the CFC Deleted; Spark Arrestor.
15.08.200 Sectio n 603.8.3 of the CFC Deleted; Restrictions.
15.08.210 Section 603.8.4 of the CFC Deleted. Time of Burning.
15.08.220 Section 903.2 of the CFC Amended; Automatic Fire Sprinkler Systems.
15.08.230 Section 906.9.1 of the CFC Amended; Extinguishers Weighing 40 Pounds of Less.
15.08.240. Section 500 1.5.2 of the CFC Amended. Hazardous Materials Inventory Statement.
15.08.250 Section 5003.3.1.4 of the CFC Amended. Deposits of Hazardous Materials; Cleanup, Abatement, or Mitigation Required; Liability for Costs.
15.08.260 Section 560 1.2 of the CFC Added; Fireworks Manufacturing.
15.08.270 Section 330 8.2 of the CFC Added; Fireworks Public Display.
15.08.280 Section 3308.3 of the CFC Added; “Safe and Sane” Fireworks Sales.
15.08.290 Findings for Changes, Modifications, and Additions to the 2010 California Fire Code Part 9.
ITEM 8
ATTACHMENT B
Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION
{CW090978.8}
15.08.010 Title.
This Chapter shall be known and cited as the “Cer es Fire Code” and may hereinafter be referred to as “Ceres Fire Code.” Chapter, division, part, section, subsection, and appendix numbers used in sections 15.08.010 through 15.08.209 are those of the California Fire Code or codes adopted therein by reference.
15.08.020 Adoption by Reference of the California Fire Code.
That certain document, one copy of which is on file in the Office of the City Clerk of the City of Ceres being marked and designated as "California Fire Code" hereafter designated as "CFC" Part 9 of Title 24 California Code of Regulations as published by the International Code Council, 2022 Edition, including Chapter 1 with Divisions I and II but deleting section 111.1-111.4 and adopting chapter 26 and Sections 104.1, 104.11, 104.11.1, 104.12-104.12.3, 104.3, 104.3.1, 105.6.9, 106, 107.1, 108, 109, 113, 114, 303, 305, 306, 307, 308.1.4, 308.1.6.3, 309, 311, 321, 403.10.5, 503, 510.3, 805, 806, 807, and 808, Chapter 4 and Appendix B, BB, C,CC, D, E, F, G, I, K, N, O and Division 1 California Administrat ion and Division II scope Admin istration as published by the International Code Council, re gulating and governing the safeguard ing of life and property from fire and explosion hazards arisi ng from the storage, handling, and use of hazardous substances, materials and devices, and from conditions hazar dous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said California Fire Code, 2022 Edition, on file in the office of the City of Ceres Building Division is hereby referred to, adopted, and made a part in accordance with, as if fully set out in this ordina nce, with the additions, insertions, deletions and changes, if any, prescribed in this Chapter and is adopted as the Fire Code of the City of Ceres.
15.08.030
Administration.
This Chapter is to be administered in acco rdance with Chapter 15.01.040, Administration under General Provisions, unless more specific requirements are given in this Chapter.
15.08.040 Enforcement.
Enforcement of Ceres Fire Code shall be in accordance with Chapter 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code.
15.08.050 Section 105.1.2 of the CFC Amended; Types of Permits.
Section 105.1.2 of the California Fire Code is hereby amended to read as follows:
Section 105.1.2 Types of Permits. Permits required by this Code, see Section 105.1.1 through 105.
6.24, shall be issued by the fire code official. Permit fees, if any, adopted by the Council of the City of Ceres by Resolution from time to time, affixing a fee for any permit issued pursuant to the Fire Code.
15.08.060 Sectio n 105.2 of the CFC Amended; Application.
Section 105.2 Application. of the California Fire Code is hereby amended to read as follows:
Section 105.2 Application for a permit required by this Code shall be made to the fire code official in such form and detail as prescribed by the fire code official. Applications for permits ITEM 8
Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION
{CW090978.8}
shall be accompanied by such plans prescribed by the fire code official and applicable fees established by resolution by the Ceres City Council.
15.08.110 Section 112.4 of the CFC Amended; Violation Penalties.
Section 110.4 of the 2022 California Fire Code, Division II Administration is hereby amended to read as follows:
Section 112.4 Violations Penalties. People who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved cons truction documents or directive of the Fire Chief, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction, punishable by fine of not more one hundred thirty dollars ($130.00) for the first conviction, a fine not exceeding seven hundred dollars ($700.00) dolla rs for a second conviction with in a one year period, and a fine of one thousand three hundred dollars ($1,300) for a third conviction within a one year period.
Each day that a violation conti nues after due notice has been serv ed shall be deemed a separate offense.
15.08.120 Section 312.2 of the CFC Amende d; Vehicle Impact Protection.
Section 312.2 of the California Fire Code is hereby amended to read as follows:
Section 312.2. Posts. Guard posts or other approved means sh all be provided to protect storage tanks and connected piping, valves and fittings; dispensing areas; and use areas subject to vehicular damage. When guard posts are installed, the posts shall be:
1. Constructed of steel not less than six (6) inches in diameter and concrete filled.
15.08.130 Sectio n 503 of the CFC Adopted; Fire Apparatus Access Roads.
Section 503.2.3 is added to the California Fire Code and reads as follows:
Section 503.2.3 Surfaces. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced as to support all weather driving capabilities. All weather shall be concrete or asphalt.
Section 503.6.1 is added to the California Fire Code and reads as follows:
Section 503.6.1 Plans and Specifications. Prior to the installation of any gate or other device that will obstruct the access of emergency vehicles or emergency personnel, to any area, the person wishing to install the device shall submit plans and specifications to the Ceres Building Division with routing to the Fire Department for pl an approval. Plans shall include the following information:
ITEM 8
Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION
{CW090978.8}
1. Site plan drawn to scale with the following:
a. Property lines.
b. Building footprint(s).
c. Proposed fence, pedestrian gate(s), vehicular gate(s).
d. Non-motorized gates shall include a Knox Key Switch/Knox Box and the proposed location.
e. Physical address.
f. California contractor's license number, company name, address, and telephone number.
Appendix D Section D101.1 is added to the California Fire Code and reads as follows:
Section D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the California Fire Code and apply only to private property and roads.
g.
15.08.170 Sectio n 605.8 of the CFC Amended; Incinerators.
Section 603.8 of the 2022 California Fire Code is hereby amended to read as follows:
Section 603.8. Incinerators. The use of incinerators is prohibited inside the City limits of Ceres.
Exception: Incinerators used by state-licensed facilities for the cremation of human or pet remains.
15.08.180 Sectio n 605.8.1 of the CFC Deleted; Residential Incinerators.
Section 605.8.1 of the California Fire Code is hereby deleted.
15.08.190 Section 605.8.2 of the CFC Deleted; Spark Arrestor.
Section 605.8.2 of the California Fire Code is hereby deleted.
15.08.200 Sectio n 605.8.3 of the CFC Deleted; Restrictions.
Section 605.8.3 of the California Fire Code is hereby deleted.
ITEM 8
Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION
{CW090978.8}
15.08.220 Section 903.2 of the CFC Amended. Automatic Fire Sprinkler Systems.
Section 903.2 of the California Fire Code is hereby amended to read as follows:
Section 903.2 Where required.
1. New Construction.
An approved automatic fire sprink ler system is required in the locations described in Sections 903.2.1 through 903.2.12 in all new buildings and structures constructed on or after the effective date of this ordinance, notwith standing the use and occupancy ther eof, when the total floor area under one roof exceeds five thousand (5,000) square feet. Fire area separation walls shall not be used for the purpose of eliminating automatic fire sprinkler systems required by this section. (a) When automatic sprinkler systems are required by the Ceres Municipal Code or the 2019 2022 California Fire Code for certain uses an d/or occupancies, the requirements of Section
903.2 of the 2019 2022 California Fire Code shall also apply.
Exception: Carports, sheds, tanks, towers and agricultural buildings.
2. Existing Buildings and Structures.
An approved automatic fire sprinkler system shall be installed in the locations described in Section 903.2.1 through 903.2.12 in all existing bu ildings and struct ures when the value of additions, alterations or repairs are made within any twelve -month period that exceed fifty (50) percent of the current county assessed valu ation for improvements only in th e existing building or structure that exceeds five thousand (5,000) square feet or additions result in said building or structure exceeding five thousand (5,000) square feet.
1. Exception: Carports, sheds, tanks, towers and agricultural buildings.
2. Each portion of an existing building or stru cture separated by one or more fire walls, constructed in accordance with the current ad opted edition of the Building Code, when each portion does not exceed five thousand (5,000) square feet.
15.08.230 Section 906.9.1 of the CFC Amended; Extinguishers Weighing 40 Pounds or Less.:
Section 906.9.1 of the California Fire Code is hereby amended to read as follows:
Section 906.9.1. Extinguishers Weighing 40 Pounds or Less. Portable fire extinguishers having a gross weight not exceeding forty (40) lbs. (18 kg) shall be installed so that their tops are not more than four (4) feet above the floor.
Existing Installations. Portable fire extinguishers shall only be required to be lowered during tenant improvements.
15.08.240 Section 50 01.5.2 of the CFC Amended. Hazardous Materials Inventory Statement.
Section 5001.5.2 of the 2022 California Fire Code is hereby amended by adding the following:
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Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION
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10. Key Box. When required by the Fire Code Official, an approved ke y box, sized to contain emergency information, (HMMP, HMIS, and Safety Data Sheets) shall be provided.
15.08.250 Section 5003.3.1.4 of the CFC Amended. Deposits of Hazardous Materials; Cleanup, Abatement, or Mitigation Required; Liability for Costs.
Responsibility for Cleanup. The person, firm or corporation responsible for an unauthorized discharge shall initiate and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the Fire Code Official, cleanup may be initiated by the Fire Department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. The remedy provided by this section shall be in addition to any other remedies provided by law.
For purposes of this section, costs incurred by the City shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including worker's compensation benefits, administrative overhead; cost of equipment operation; cost of materials obtained directly by the City; and cost of any contract labor and materials. The authority to recover costs under this section shall not include actual fire suppression services that are normally or usually provided by the Fire Department.
15.08.270 Section 5608.2 of the CFC Added; Fireworks Display.
Section 5608.2 of the California Fire Code is hereby added to read as follows:
Section 5608.2. Fireworks Display.
Section 5608.2.1 Permit. Every permit application for approval to conduct a public display of fireworks shall be accompanied by a non-refundable fee as establis hed by resolution of the City Council from time to time.
15.08.280 Sales, Storage, Use, and Handling of Fireworks.
Section 5608 of the 2022 California Fire Code is hereby amended by adding the following:
5608.6 General. Sales, storage, use, and handling of fireworks shall be in accordance with this chapter.
1. Sales. Retail sale or display with the intent to sell fireworks is limited to State of California Fire Marshal approved and labeled "Safe and Sane" fireworks within the City of Ceres, by State of California licensed retailers, provided a permit to sell those fireworks has been approved and obtained from the Fire Code Official. Fireworks may be sold or offered for sale from 12:00 noon to 10:00 p.m. on June 28, 9:00 a.m. to 10:00 p.m. on June 29 through July 5, and 9:00 a.m. to 12:00 noon on July 6.
The storage of fireworks within the City of Ceres is limited to State of California Fire Marshal- approved and labeled "Safe and Sane" fireworks by State of California licensed wholesalers and retailers.
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Title 15 BUILDINGS AND CONSTRUCTION
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(A) Wholesale Storage. Wholesalers may stor e "Safe and Sane" fireworks within the City of Ceres solely during the period of June 1 through July 31 of each year. Storage facilities shall comply with H3 occupancy classification requirements as defined by the 2022 California Building Code.
(B) Retailers Storage. Retailers may store "S afe and Sane" fireworks within the City of Ceres solely during the period of June 22 through July 15 of each year. "Safe and Sane" fireworks that are not being sold or displayed with the intent to sell, shall be stored solely in the following manner:
(1) Within the permitted fi reworks stand with a responsible adult on the premises at all times.
(2) In a completely enclosed and locked ut ility type trailer constructed of one-fourth (1/4) inch plywood or other approved noncombustible material. (3) In a completely detach ed garage on residential property with a minimum ten (10) feet clearance from other structures or property lines. There shall be no open- flame or spark producing equipment, or Class 1 flammable liquids stored or used within the garage.
(4) Fireworks shall not be stored within fo rty (40) feet of any building classified or used as a public or private school, day care facility, residential care facility, hospital, place of detention, public oil/gas station, or public garage, or any place of public assembly that can accommodate fifty (50) or more persons. (5) In an approved and permitted fireworks warehouse.
2. Operator Safety. Each year, one (1) or more representatives from each organization, that is granted a permit to sell fireworks, shall attend a stand operator safety seminar conducted by the Fire Code Official and the fireworks industry. Failure to attend the seminar shall result in the revocation of the organization's permit to sale fireworks for that calendar year.
3. Temporary Fireworks Stands.
(1) All retail sales of "Safe and Sane" fire works shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is hereby prohibited.
(2) City Business License, Fire Department Permit and State License shall be displayed in the fireworks stand during hours of operation.
(3) Temporary fireworks stand shall not be se t up before application for permit has been approved no earlier than June 14.
(4) The fireworks stands shall be located at le ast twenty (20) feet from other structures. (5) Zoning of property, in which the fireworks stand will be located, shall be in accordance with Section 10-2.2330 of the Modesto Municipal Code. (6) Fireworks shall not be stor ed, sold, offered for sale, or discharged within one hundred (100) feet of a location where gasoline, LPG, other class 1 flammable liquids or flammable gasses are stored or dispensed.
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(7) All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on the 6th day of July.
(8) The fireworks stand shall be remove d from the temporary location by 12:00 noon on the 12th day of July, and all accompanying litter shall be cleared from said location by said time and date.
(9) A penalty of one hundred dollars ($100.00) per day will be assessed to the permittee of any fireworks stand not removed by 12:00 noon on the 12th day of July.
4. Safety Precautions.
(1) No person under the age of eighteen ( 18) shall sell, or handle for sale, any classification of fireworks.
(2) No person under the age of eighteen (18) shall purchase or be al lowed to purchase any classification of fireworks.
(3) Smoking, open-flame, and spark-produc ing equipment shall be prohibited for a distance of twenty (20) feet around any fireworks stand. (4) Dry grass, weeds, trash, and other co mbustible material shall be removed for a distance of twenty (20) feet around any fireworks stand. (5) Fireworks shall not be discharged with in fifty (50) feet of a fireworks stand.
5. Stand Construction.
(1) Merchandise may be displayed in approve d glass enclosed counters or showcases, or (2) Merchandise may be displayed in sta nds constructed in the following manner:
(A) Walls and roof shall be of plywood at le ast one-fourth (1/4) inches thick or of an approved noncombustible material.
(B) The stand shall be provided with a roof.
(C) Walls shall extend to a minimum height of six (6) feet eight (8) inches, on at least three (3) sides. These three (3) sides shall be without openings, except for an exit door.
(D) An exit door with a minimum size of twenty-four (24) inches in width and six (6) feet in height shall be provided in each stand. Exits shall be maintained clear and unobstructed at all times.
(E) The front wall of the stand shall provide a physical barrier not less than eighteen (18) inches in height between the public and the merchandise on display. (F) Approved "NO SMOKING" signs shall be prominently displayed in and on the stand.
(G) Approved "NO SALES TO PERSONS UNDER THE AGE OF 18" signs shall be prominently displayed in the stand.
(H) An approved fire extinguisher ha ving a minimum classification of 2A10BC shall be located in the stand, near the exit and readily accessible.
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(I) Sellers of fireworks shall comply with all rules and regulations of Title 19 of the California Code of Regulations and with the rules and regulations of the Fire Code Official.
(J) Stands will be limited to twenty-four (24) feet by eight (8) feet or one hundred ninety-two (192) square feet in size. Pre-existing stands as identified by the fireworks suppliers shall retain the right to operate their oversized stands, without change, until said stand or organization forfeits or loses their operating permit. A copy of said list shall remain on file with the Fire Code Official.
6. Operation of Fireworks Stand Only by Permittee.
(1) It is unlawful for the pe rmittee organization to allow any person or entity other than the permittee organization to operate the fireworks stand for which the permit is issued, whether by agreement, assignment or otherwise, or to otherwise participate in the profits of the operation of such fireworks stand. Violations will result in the immediate loss of the organization's permit.
(2) It is unlawful for a non-profit organi zation to allow any person other than the individuals who are members of the permittee organization, their spouses or adult children, or volunteers to whom no compensation is paid, to sell or otherwise participate in the sale of fireworks at such fireworks stand. (3) It is unlawful for a non- profit organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such fireworks stand, except the hiring of a night watchman or security officer.
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15.08.290 Findings for Changes, Modifications, and Additions to the 2022 California Fire Code Part 9.
Pursuant to California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5, the City of Ceres hereby expressly finds that all of th e changes and modifications to the 2022 California Building Standard Code made by this Title and wh ich are not merely administrative changes, are reasonably necessary because of local Climatic, Geological or Topographical condition within the City of Ceres as more particularly described in the table set forth below.
Finding(s)
Application
Condition Findings
CCR California
Fire
Code Part 9
Climactic Reduced visibility due to dense fog occurring during winter months which causes delays in fire response
CCR California
Fire
Code Part 9
Topographical Delayed fire response by railroad tracks that:
a. Divide the City from East to West
b. Tracks run parallel to Highway 99 through the City,
restricting response at locations where overpasses are not provided
CCR California
Fire
Code Part 9
Topographical Turlock Irrigation Di strict canal restricts access to Neighborhood developments. Mitchell Rd. from Faith Home Rd. to Hwy 99 at Mitchell Rd.
CCR California
Fire
Code Part 9
Topographical Delayed fire response due to Hwy 99, which divides the City in half. Delays are due to major traffic congestion at overcrossings CCR California
Fire
Code Part 9
Climactic Summer conditions are very dry, hot and windy causing ordinary combustibles to easily ignite and fires to spread rapidly
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COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: May 28, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Douglas D. Dunford, City Manager
[email protected], (209) 538-5751
SUBJECT:
Resolution No. 202 4-XXX, Authorizing the Withdrawal from and Termination of the Agreement Between the City of Ceres, the City of Modesto, and the County of Stanislaus Regarding the Tuolumne River Regional Park
RECOMMENDED COUNCIL ACTION:
St
aff recommends the Council to approve the resolution authorizing the termination of the joint powers agreement between the City of Ceres, the City of Modesto, and the County of Stanislaus for the acquisition, development, and operation of the Tuolumne River Regional Park, and further direct the City Manager to notify the parties of such action.
I. BACKGROUND:
In 1
972, the City of Ceres (“C eres” or “City”), the City of Modesto (“Modesto”), and the County of Stanislaus (“Stanislaus County”) entered into an agreement (“Agreement”) under the Joint Powers Act, Government Code section 6500 et seq., to acquire, develop, maintain, and operate the Tuolumne River Regional Park (“TRRP”). The TRRP encompasses sections of property owned by Modesto and sections of property owned by Stanislaus County, in addition to shared property jointly owned by Ceres , Modesto, and Stanislaus County as parties to the Agreement. Although the Ceres city boundary is near the TRRP, none of Ceres’s owned property is within the TRRP’s limits.
The A
greement grants Modesto the full and exclusive responsibility for the maintenance, operation, and control of the TRRP, and a TRRP Committee acts in an advisory capacity.
Under the Agreement, the TRRP Committee consists of two members of Stanislaus County’s Board of Supervisors, two members of Modesto’s City Council, and one member of the Ceres City Council. The Agreement also requires Ceres, Modesto, and Stanislaus Couty to make annual monetary contributions proportionate to each party’s annual assessment revenue. In 2017, Ceres stopped making its annual monetary contributions but took no formal action to terminate its involvement with the TRRP.
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The Agreement permits any party to terminate the Agreement by giving written notice to the other parties at least one year prior to the close of the fiscal year. The Agreement states that the fiscal year commences on July 1st. Therefore, if any party to the Agreement gives notice of termination before June 30, 2024, then under the terms of the Agreement, the Agreement will terminate at the end of the next fiscal year on June 30, 2025.
The Agreement states that if the Agreement is terminated, each party will receive an undivided interest in the commonly owned TRRP assets in proportion to each party’s monetary contribution s to the TRRP . According to the TRRP Contribution History provided by Modesto on November 8, 2023, Ceres has contributed 2.97% of the total amount contributed by the Agreement’s parties. If Ceres continues to make no monetary contributions towards the TRRP , Ceres will receive at most a 2.97% interest in the TRRP’s commonly held assets at termination . This percentage will decrease if Modesto and Stanislaus County make additional monetary contributions before the Agreement terminates. However, Ceres’s 2.97% will likely be affected by the City’s failure to pay the annual contribution required under the agreement.
II. RE ASONS FOR RECOMMENDATIO N:
Ceres stopped contributing monetarily towards the TRRP in 2017 due to budget shortfalls, and Ceres does not have the financial resources to bring its $233,820 contribution deficit current. Further, Ceres has not received a sufficient benefit from the TRRP to warrant the City’s continued involvement with the Agreement.
III. F ISCAL IMPACTS :
By terminating the Agreement, Ceres will no longer have an obligation to contribute financially to the TRRP. For the 2024 fiscal year, Ceres’s contribution commitment under the Agreement terms is $43,686. If the council approves the termination of the TRRP agreement, Ceres Staff will work with Modesto and County Staff to ensure Ceres receives all allowable amounts attributed to its contribution.
IV. E XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
Terminating the Agreement will further Ceres ’s strategic plan by maintaining resources within the City to further the City’s goals.
V. P OLICY ALTERNATIVES :
The City Council can choose to reject the proposed resolution.
VI. I NTERDEPARTMENTAL COORDINATION:
N/A
VII. P UBLIC PARTICIPATION:
N/A
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VIII. ENVIRONMENTAL REVIEW:
The proposed action is not a project subject to CEQA review.
IX. STEPS FOLLOWING APPROVAL:
Notify Modesto and Stanislaus County in writing before June 30, 2024, that Ceres will be terminating the Agreement effective the end of the 2025 fiscal year.
Approved by: ____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution
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ATTACHMENT A
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RESOLUTION NO. 2024-XXX
AUTHORIZING THE WITHDRAWAL FROM AND TERMINATION OF THE
AGREEMENT BETWEEN THE CITY OF CERES, THE CITY OF MODESTO, AND
THE COUNTY OF STANISLAUS REGARDING THE TUOLUMNE RIVER
REGIONAL PARK
THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres (“Ceres” or “City”), the City of Modesto (“Modesto”), and the County of Stanislaus (“Stanislaus County”) are parties to a joint powers agreement (“Agreement”) to acquire, develop, maintain, and operate the Tuolumne River Regional Park (“TRRP”); and
WHEREAS, the Agreement requires the parties to make annual monetary contributions to the TRRP , but Ceres stopped contributing financially to the TRRP in 2017 due to budgetary shortfalls; and
WHEREAS, Ceres is not receiving a sufficient benefit from its involvement with the TRRP to justify continuing with the Agreement; and
WHEREAS, the Agreement permits any party to terminate the Agreement by giving written notice to the other parties at least one year prior to the close of the fiscal year; and
WHEREAS, if Ceres gives Modesto and Stanislaus County written notice of termination by June 30, 2024, the Agreement will terminate at the end of the next fiscal year on June 30, 2025; and
WHEREAS, under the terms of the Agreement, upon termination Ceres will receive an undivided interest in the commonly owned TRRP assets in proportion to its monetary contributions to the TRRP.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby a uthorize the City Manager to provide written notification to Modesto and Stanislaus County before June 30, 2024, that Ceres is withdrawing from and terminating the Agreement.
PASSED AND ADOPTED by the Ceres City Council at a special meeting thereof held on the 28
th day of May 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_______________________________
Fallon Martin, City Clerk
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