Ripon Planning Commission Minutes
MONDAY, JULY 18, 2022 - 6:00 PM
REGULAR MEETING
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:00 PM with Commissioner West leading in the Pledge of Allegiance to the Flag.
ROLL CALL:
ttendee Name Title Status Arrived
heorge Saljiar Commissioner Present
Steve Stevenson Commissioner Present
James West Commissioner Present
Debra Van Essen Commissioner Present
Dave Collins Commissioner Present
Jeff Veilleux Commissioner Present
Others Present: Planning Director Ken Zuidervaart, Planning Secretary Shelby DeHaven, Information Systems Technician Hunter Crosby, City Attorney Tom Terpstra via phone, Attorney Dan Schroeder via phone, Carlos Blanco, Keith Newhard, Ron Van Essen, Gary Barton, Jeff Miller, Uttam Gill, Manjit Singh.
PUBLIC DISCUSSION:
Chairman Van Essen asked if there were any public comments. There were no public comments on items not on the agenda.
APPROVAL OF MINUTES:
Motion to approve the minutes of the regular Planning Commission Meeting of June 20, 2022.
RESULT: ADOPTED [4 TO 0]
MOVER: James West, Commissioner
SECONDER: Dave Collins, Commissioner
AYES: Stevenson, West, Van Essen, Collins
ABSTAIN: Saljian
A. PLANNING COMMISSION - REGULAR MEETING - JUN 20, 2022 6:00 PM
1. PUBLIC HEARINGS:
Van Essen explained the public hearing and appeal process.
A. WINE AND SPIRITS RETAIL CENTER
A request from the developer (Lakhvir Should the Planning Commission agree Singh) for the Planning Commission to with staff's recommendation, the approve the construction of a 7,498 following motion would be appropriate:
square foot upscale wine and spirits
retail store along with off-street "The Planning Commission parking on a 0.66 acre parcel in the approves the Wine and Spirits Mixed Use (MU) district. Retail Store Use Permit (UP22- 49), based on the findings and
subject to the conditions of the
staff report."
Planning Director Zuidervaart introduced the staff report into the record along with the findings.
Zuidervaart described the project as an application to construct a 7,498 square foot, single-tenant, commercial building for an upscale wine and spirits retail store located in the Mixed Use district on a 28,801 square foot vacant parcel. The parcel is located within a partially developed commercial center at 798 N. Jack Tone Road. Zuidervaart presented elevations and floor plans for the proposed building. The exterior is a combination of stucco, vertical metal siding, horizontal composite wood siding, metal awnings and storefront windows. The site contains approximately 15% of landscaping, which meets the City's standard for the Mixed Use district.
Zuidervaart explained the site will provide 19 off-street parking spaces, which exceeds the requirement for this type of use. Additionally, there is one loading and unloading space provided for deliveries. The main access to the site will be provided by internal roads within the commercial center or from one existing commercial. This project will be required to appropriately modify the center median of the access driveway to allow for appropriate ingress and egress to their site. With the recent restriping of the road, exiting south onto N. Jack Tone Road will be safer.
Zuidervaart said the Police Department has requested a detailed lighting plan to ensure adequate lighting for the site. They have also requested "no loitering" signs be posted.
The hours of operation agreed upon are 9:00 AM to 9:00 PM, Sunday through Thursday and 9:00 AM to 10:00 PM, Friday and Saturday. The applicant will be limited to sales of wine, beer, spirits and associated items within the store. The sale of any vape pens and/or vaping material or adult/pornographic materials within the store is prohibited.
PUBLIC HEARING OPENED
Applicant Lakhvir Singh (1534 Calhoun Avenue) said this will be a unique wine and spirits store, not like a typical liquor store. He compared it to BevMo or Total Wine.
There will be a wide variety of wines and beers. It will be very clean and bring in a good clientele.
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Commissioner Van Essen asked if he owned any other upscale liquor stores.
Singh said not like this, but he does own some regular liquor stores.
Commissioner Saljian observed that the space is large and asks Singh how big his other store are.
Singh said the largest store he currently owns is approximately 2,400 square feet.
Saljian commented that this store would be triple that size. Singh agreed and said he wants to carry a wider variety of high-end products with better presentation.
Commissioner Veilleux asked if any demographic studies were done to ensure a store of this size and nature would be supported.
Singh said yes, that this would be the only store of its kind in Ripon. We are hoping people from out of town will want to come too.
Van Essen asked how long he has lived in Ripon. Singh said 20 years.
Commissioner Collins asked where the other stores are located. Singh said there are two in Modesto and one in Salida.
Collins asked about the homeless policy enforced at his stores.
Singh confirmed they haven't had issues except for the one near downtown Modesto. We serve them, treat them nicely and they leave.
Proponents: No one wished to speak in favor of the project.
Opponents: Carlos Blanco (Nancy Drive) said the term "liquor store" brings other things to mind. He is pro-business, but is concerned that the Department of Alcoholic Beverage Control (A.B.C.) has regulations about allowable distance from churches and schools. For example, Zion Church is nearby. He feels the proximity to the church is alarming. Blanco shared concern about the design of the store being similar to other buildings in town, specifically the Terrazza Market on River Road. He understands that the concept is "upscale," but asks what will make it different from all the other liquor stores in Ripon.
Zuidervaart verified the regulations from A.B.C. state a liquor store must be a minimum of 600 feet from a church, school and/or non-profit, youth facility. This is confirmed and regulated by A.B.C. when a license is applied for.
Singh responded that his store will differ from other liquor stores because it will have more variety and have high-end, more expensive products. There will be no grocery or convenience store-like items. He is looking to bring in a different clientele than the other stores in Ripon.
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Van Essen asked about the design of the building and if it was inspired by the existing Terrazza Market buildings on River Road.
Brian Rosenberger, API Architects (Modesto) confirmed that he was the same architect on the building in question. Although similar materials and designs were used, it is simply a popular look in architecture right now. It is not meant to be a carbon copy.
Commissioner West asked if he would be handling the landscape design. Rosenberger said no, that the developer handles that portion, but it would correspond with current state drought requirements.
Veilleux asked if the building would have environmental or sustainability improvements.
Rosenberger confirmed they would follow all California Green Building Standard Code regulations, which are addressed there.
Zuidervaart entered into the record that he received 9 emails of opposition regarding the liquor store and asked the Commission to review them individually.
PUBLIC HEARING CLOSED
Collins asked if the Police Department prohibited the selling of vape pens, vaping material and adult/pornographic materials.
Zuidervaart confirmed they want an upscale store, so they would be limited on what they can sell. Additionally, it was requested to post "no loitering" signs to prevent homeless and shoulder-tapping from minors, as well as the limited hours.
Collins commented that the size is comparable to other upscale stores like BevMo, but his biggest concern is that throughout time, it could migrate into something else.
Van Essen stated the applicant is purposefully carrying items that would prevent it from being like any other liquor store. It sounds like it will be set up so a purchase is made and you leave the premises.
West said he is concerned that one of the conditions of approval limits sales to "associated items." He feels this is too vague. Other liquor stores and gas stations in town are selling things like knives, pipes, and non-FDA approved items. He asked what associated items included.
Zuidervaart said at other high-end liquor stores, things like snack items that pair with wine, mixers, and glasses are sold. In order for something like a pipe to be sold, or to change the business type to a smoke shop, another Conditional Use Permit would have to be applied for and would require Commission approval.
Veilleux asked if they would be allowed to sell groceries. Zuidervaart said yes.
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Saljian asked if the parking requirements would change if the business-type changed.
Zuidervaart explained that when someone applies for a new business, staff looks at parking ratios and the applicant could be denied based on lack of parking spots.
Collins reiterated his concern that the high-end liquor store could turn into just another liquor store. He asked if the Commission could recommend conditions that required it to stay upscale.
City Attorney Terpstra confirmed this is the best interpretation for staff. The more specific conditions put into place, the more difficult the policies are to enforce.
Van Essen said it is not the Commissions job to overreach and overregulate. The police department in Ripon is good and we should trust them to enforce the current conditions in the staff report.
Veilleux asked if Singh was also the owner of the property. Zuidervaart said yes.
Veilleux asked if the property allows for subunits. Zuidervaart said potentially depending on parking and access.
Motion to approve the 798 N. Jack Tone Road Use Permit UP22-49, based on the findings and subject to the conditions of the staff report.
RESULT: ADOPTED [4 TO 1]
MOVER: George Saljian, Commissioner
SECONDER: Steve Stevenson, Commissioner
AYES: Saljian, Stevenson, Van Essen, Collins
NAYS: West
B. THE TERRACES AT BETHANY
A request from the developer (Bethany Should the Planning Commission agree Home) for the Planning Commission to with staff's recommendation, the recommend approval to the City following motion would
Council for the construction of a appropriate:
106,894 square foot, three (3) story
residential care facility on two adjacent "The Planning Commission parcels totaling approx. 2.73 acres. recommends that the City The project proposes 82 residential Council adopt the Mitigated units with indoor and outdoor Negative Declaration (PEA21- amenities, in the C1 (Neighborhood 15) and approve The Terraces Commercial district, along with an at Bethany Conditional Use off-street parking facility. Permit (UP21-70) and Planned Unit Overlay District (PUD21-
79) based on the findings and
subject to the conditions in the
staff report."
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Commissioner Collins and City Attorney Terpstra recused themselves due to conflict of interest in the project.
Commissioner Veilleux to vote on this item in Collins place.
Terpstra introduced Attorney Dan Schroeder to take his place on this item.
Planning Director Zuidervaart introduced the staff report into the record along with the findings. This is a request to construct a 106,894 square foot, 3 story residential care facility on two adjacent parcels totaling approximately 2.73 acres in the Cl (Neighborhood Commercial) district, located at 816 W. Main Street and 200 Vera Avenue. The proposed project includes the demolition of four existing structures and would require the following entitlements: approval of a Conditional Use Permit, approval of a Planned Unit Overlay District, approval of a Lot Merger and adoption of the required CEQA compliance documents.
Zuidervaart clarified the Commission will be making a recommendation to the City Council on the project.
Zuidervaart explained that the proposed building features 82 residential senior housing units that vary in size, as well as many facility amenities and resort-like services.
Multiple elevations and floor plans were presented. The exterior of the building is a mix of white stucco and red brick to match the architectural style of downtown Ripon. The roof is a combination of flat roof with accents of hipped roof areas around the facility to give it a residential feel. The main entrance to the building will be off of Vera Avenue and will be adorned with a porte-cochere for resident/guest pick-up and drop-off.
Zuidervaart presented some visual aesthetics showing what the proposed building will look like on the existing site from different locations on Main Street and Vera Avenue.
Zuidervaart said the project includes covered, off-street parking with 82 spots, which exceeds the City standards. The driveways and parking access points will be reconfigured to prevent traffic hazards. Bethany Home has been working with the surrounding businesses to execute this.
Zuidervaart said a detailed lighting plan will be required to ensure adequate lighting. The facility will boast 14% landscaping on the parcel, which exceeds to City standard of 10% in the C1 district. A covered trash enclosure will be required, as well as a structure for the potential noise. Both structures will match the
amiener descenor to riding
Zuidervaart said this project is subject to CEQA. A detailed analysis was done and areas of concern that arose during the initial study requiring further review included: vehicular and pedestrian traffic, project aesthetics to match existing surrounding neighborhoods and potential historical significance of the Ripon Christian School house built in 1928.
The study determined although the school is older, there is no historical value requiring preservation. Additionally, there were no significant findings after certain mitigation measures were outlined in the Mitigated Negative Declaration.
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Commissioner West asked if this location is able to utilize a non-potable water source for irrigation. Zuidervaart answered yes, this will be a landscaping requirement.
Commissioner Van Essen asked if the number of units will help the City meet State requirements for high density housing. Zuidervaart clarified there are no requirements for high density housing, just housing units and land to be zoned for residential housing. This project helps with overall requirements.
Commissioner Saljian asked for confirmation that the stop-bar is the only thing being added to prevent traffic hazards. Zuidervaart confirmed and said there are similar effects downtown that successfully assist in traffic regulation.
Saljian asked about the intersection rating post-construction. Zuidervaart said it will have a "C" rating, as compared to the minimum standard, which is a "D" rating. The rating depends on the time of day you travel the area. This project was compared to the Bethany Town Square further down Main Street and the impact on traffic is low.
West asked if on-street parking will be permitted on Vera Avenue. Zuidervaart explained it was a recommendation in the CEQA report to prohibit parking there, but this will be up to staff to decide the safest option once construction begins.
PUBLIC HEARING OPENED
Paul Aigner, GSI (Washington) explained GSI is a not-for-profit developer that works on senior housing projects and began working with Bethany Home in 2017. This facility will be licensed by the Department of Social Services as a Residential Care Facility for the Elderly. This allows seniors to come in as independently living and can remain there for the duration of life because all types of care are available. A market study was done and there is a high demand for senior housing in the area and a lot of interest has been expressed from the community.
West asked if the project is financially feasible for seniors in the long run.
Aigner explained it is case-by-case, but there are many different price points on Bethany Home campuses, mainly directed towards lower income.
Commissioner Stevenson asked for additional information regarding the emergency generator.
Aigner answered it is an above-ground generator for emergencies. If the power were to go out, essential operations would continue to be powered.
Veilleux asked about the facility's water usage compared to what the previous use of the property produced. Aigner was not sure how it would compare.
Van Essen pointed out that the existing buildings on the property have been vacant for some time.
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Veilleux commented that the CEQA document claimed there would be little variation on water usage between the two different uses. This was surprising to him.
Saljian asked how storm water would be handled. Aigner was not sure of the percentage handled on site but there will be retention via bio-swales.
Saljian said COVID has changed a lot for senior housing, including independent living.
He asked if there would be limitations on what residents can and cannot do.
Cindy Scheublein, Bethany Home (Ripon) said since the facility will be licensed by the Department of Social Services and Community Care Licensing, their current regulations are what Bethany Home has to abide by. The licensing determines the facility regulations, such as quarantines or vaccination mandates.
Saljian asked for clarification on how independent the residents would be at the facility.
Scheublein said the assisted living facility, Beth Haven, and the memory care facility have the same licensing as the proposed facility would have. Our skilled nursing facility is licensed by the California Department of Health. Every entity varies on regulations and handle COVID differently. There tends to be more leeway with the assisted living and memory care as far as visitation goes, whereas, skilled nursing has had restrictions on visitations. This building is specifically geared towards independent living, so there may be screening and testing for guests and staff, but it will depend on the requirements of the licensing entity at that time.
Van Essen specified that Bethany Home is required to enforce what the state is mandating and asked how the current independent living residents are regulated.
Scheublein shared they currently have 209 independent units and there is no oversight agency. Bethany Home makes recommendations to the residents, but no mandates are put on them. Aigner added that due to the specific licensing this proposed facility will have, they will be subject to State mandates.
Veilleux asked if there were any deviations between studies he has done on previous facilities like this compared to Bethany Home's project. Aigner said the study is accurate with what he typically sees.
Proponents: Ron Van Essen (Opal Lane) requested the applicant consider adding parking for golf carts and electric vehicles.
Opponents: No one wished to speak in opposition of the project.
PUBLIC HEARING CLOSED
Zuidervaart added that on average, one person uses approximately 75 gallons of water lay indoors. The major use is outdoor watering. More research will be done and brough to the City Council meeting.
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Saljian added that the project is beautiful.
Veilleux says this project reflects the culture of Ripon and how it supports the elderly.
Motion to recommend that the City Council adopt the Mitigated Negative eclaration (PEA21-15) and approve The Terraces at Bethany Conditional U: and anded Unit The T ermit (UP21-70) and Planned Unit Overlay District (PUD21-79) based on th findings and subject to the conditions in the staff report.
RESULT: ADOPTED [5 TO 0]
MOVER: James West, Commissioner
SECONDER: Steve Stevenson, Commissioner
AYES: Saljian, Stevenson, West, Van Essen, Veilleux
AWAY: Collins
C. ZONING TEXT AMENDMENT TAZ22-46 - HOME OCCUPATION PERMIT TAZ22-46 consider amendments to Ripon Should the Planning Commission agree Municipal Code Title 16.88 Home with staff's recommendation, the Occupation Permits following motion would be
appropriate:
"The Planning Commission
recommends that the City
Council approve the
amendment to Chapter 16.88 -
Home Occupation Permit
Ordinance based on the
findings in the staff report."
Planning Director Zuidervaart introduced the staff report into the record along with the findings.
This is a request to update the City of Ripon's "Home Occupation Permit" ordinance, which was last updated in 2009. Since that time, the City has seen a rise in Home Occupation permit requests. Staff believes it would be beneficial to update the ordinance to correct a few minor processing technicalities and update a few regulations to become more business friendly, while continuing to protect the integrity of our residential neighborhoods.
Zuidervaart shared that after performing research of local ordinances in the surrounding areas, the following items are the suggested changes and updates to the ordinance.
Zuidervaart said the "Development Requirements" section was updated to read as "Operating Requirements and Conditions." The major change in this area was the section prohibiting clients/students from coming to the home without first receiving approval by the Commission. The proposed update would allow one client/student or couple at a time, by appointment only, between the hours of 8:00 am and 6:00 pm, Monday through Friday. Home occupations desiring to have more than one, but fewer than six, Planning Commission Page 9 July 18, 2022
clients/students at a time must receive special approval by the Commission.
Commissioner West asked if the Home Occupation applicant requests to have more than one client/student or couple come to the home at one time, it would only require Commission approval once. Zuidervaart said yes.
Zuidervaart said the table of permitted and prohibited home occupation uses was eliminated and sections were added pertaining to allowable and prohibited uses. Although the lists are not all-inclusive, uses that are not listed will be at the discretion of the Planning Director based upon the potential impacts to neighborhoods. As always, an applicant can appeal the Planning Director's decision to the Commission if they are not satisfied with his/her decision.
Zuidervaart said a section was added handling Home Occupations where an individual will want to assemble/manufacture/repair small items that have little to no impact on neighboring properties. This section will allow for a resident to bring their home occupation request in front of the Commission for a determination on their permit.
Commissioner Saljian asked to define "small items."
Zuidervaart explained upon request for this type of Home Occupation, the applicant would need to prove that the item being repaired or manufactured will not infringe on the surrounding neighborhood with noise and space.
Zuidervaart said the neighbor notification process for Home Occupation permits will change. With the previous code, neighbors would be notified prior to issuance of the home occupation permit. With this amendment, they will be notified after the permit is Zuidervaart introduced the current, redlined ordinance and the proposed ordinance into the record.
PUBLIC HEARING OPENED
There was no public comment.
PUBLIC HEARING CLOSED
Commissioner Collins asked to verify that only one business vehicle with signage would be allowed in the driveway.
Zuidervaart confirmed only one business associated vehicle is allowed in the required front setback of the home. All other associated vehicles must be behind the front setback, out of public view.
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Motion to recommend that the City Council approve the amendment to Chapter
16.88 - Home Occupation Permit Ordinance based on the findings in the staff report.
RESULT: ADOPTED [UNANIMOUS]
MOVER: George Saljian, Commissioner
SECONDER: Dave Collins, Commissioner
AYES: Saljian, Stevenson, West, Van Essen, Collins
REPORTS:
Planning Director Zuidervaart reported that there will be a Planning Commission meeting on August 15, 2022. There are 3 items on the agenda: a mini-storage facility on E. Fourth Street, a fitness facility on Kamps Way and Canal Boulevard and Ripon Christian is looking to relocate their bus barn to 775 Frontage Road.
Commissioner Van Essen asked if the current business at 775 Frontage Road is closing.
Zuidervaart verified the owners are nearing retirement and selling their 3 parcels on Frontage Road. The parcel Ripon Christian is purchasing is approximately .80 acres with an existing metal shop building.
Commissioner West asked if the Ripon Fire Department has made progress with staffing because the current deficiency could impact future development.
Zuidervaart said he was not sure, but their conditions of approval for the reviewed projects are included in the staff report and there were no oppositions.
ADJOURNMENT:
The appeal period for this agenda expires 10 days from the date of the meeting at 5:00 p.m. The appeal fee is $553.00
There being no further business, the meeting was adjourned at 7:39 PM.
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