Ripon Planning Commission Minutes
MONDAY, DECEMBER 19, 2022 - 6:00 PM
REGULAR MEETING
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:00 PM with Commissioner Stevenson leading in the Pledge of Allegiance to the Flag.
ROLL CALL:
Commissioners George Saljian, James West, David Collins, Steve Stevenson, Jeff Veilleux and Debra Van Essen.
Attendee Name Title Status Arrived
George Saljian Commissioner Present
Steve Stevenson Commissioner Present
James West Commissioner Absent
Debra Van Essen Commissioner Present
Dave Collins Commissioner Absent
Jeff Veilleux Commissioner Absent
Others Present: Planning Director Ken Zuidervaart, Planning Secretary Shelby DeHaven, Information Systems Technician Alex Arias, Manuel Alaniz, David Harris, Phil & Laurie Bartlett, Tom & Peggy ODonnell, Gary Mohler.
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 November 14, 2022.
RESULT: ADOPTED [UNANIMOUS]
MOVER: George Saljian, Commissioner
SECONDER: Steve Stevenson, Commissioner
AYES: Saljian, Stevenson, Van Essen
A. PLANNING COMMISSION - REGULAR MEETING - NOV 14, 2022 6:00 PM
1. PUBLIC HEARINGS:
Chairman Van Essen explained the public hearing and appeal process.
A. TENTATIVE PARCEL MAP (PM22-79) FOR 1265 MOHLER ROAD - GARY MOHLER
A request to subdivide a property Should the Planning Commission agree including an orchard, barn, outbuildings with staff's recommendation, the and the original single family farmhouse following motion would be appropriate:
located at 1265 S. Mohler Road in the
Urban Reserve (UR) zone. "The Planning Commission approves the Tentative Parcel Map (PM22-79)
for Gary Mohler, based on the findings
and subject to the conditions of the
staff report."
Planning Director Zuidervaart introduced the staff report into the record.
Zuidervaart explained the application is to subdivide a 17.79 acre parcel into two separate parcels located at 1265 S. Mohler Road in the Urban Reserve (UR) district. The purpose of the subdivision is to separate an existing residential farmhouse from the larger parcel to facilitate some estate planning for the Mohler Family. The tentative parcel map indicates 0.64 acres for the existing farmhouse and 17.15 acres for the existing cherry orchard and associated outbuildings. The proposed tentative parcel does comply with the Map Act and all City standards. The resultant parcels meet the Residential Single Family Estate (RIE) zoning requirements for this area to fit future development plans.
Zuidervaart said due to the parcels rural setting and lack of available public services, the applicant will not be required to hook up to City services or install curb, gutter and sidewalk at this time. The applicant will however be required to enter into a Deferred Improvement Agreement (DIA) with the City of Ripon which will stipulate that such improvements and City service connections be required when the larger parcel is developed.
Zuidervaart explained that once the parcel map is approved, there are additional steps the applicant needs to take with San Joaquin County. After all those requirements are fulfilled, the map will return to City Council, who will direct the City Engineer to sign the final parcel map. Prior to signing, the DIA will be in place and recorded against the property.
Zuidervaart said the project was forwarded to all affected agencies. Comments and conditions of approval received during the review period have been incorporated into the staff report where appropriate.
Commissioner Van Essen noticed the property was checked by the County for potential flood area. Zuidervaart confirmed it is not in a flood zone.
Planning Commission Page 2 December 19, 2022
Van Essen asked for clarification on the Urban Reserve zoning for this parcel.
Zuidervaart said Urban Reserve is a holding pattern instated by the City's General Plan.
Properties that are meant to be residentially zoned in the future hold this classification so developers are required to come to the City for rezoning and allows for Development Agreements. This parcel is not being rezoned today because the applicant is not developing any further at this time. Once development is applied for, rezoning will be required and the terms of the DIA will need to be executed.
Van Essen noted the City Council will be the one to approve the DIA. Zuidervaart confirmed and stated the City Attorney's office will put together the DIA, it will be adopted by the City Council and recorded against the property. When the larger property does develop, the improvements will be triggered. A subdivision larger than four parcels will go before the Planning Commission to recommend an action to City Council.
Commissioner Saljan asked it the required frontage improvements would be required at the time of the rezoning or at the Development Agreement. Zuidervaart said they will take place at the same time.
Gary Mohler (1265 S. Mohler Road) said he is applying for this to enable some estate planning amongst his family. At this time, there are no plans to develop either parcel any further.
Van Essen asked if he currently lived on the property. Mohler confirmed he lives in the existing farmhouse.
PUBLIC HEARING OPENED
No one wished to speak in favor or opposition on this item.
PUBLIC HEARING CLOSED
Motion to approve the Tentative Parcel Map (PM22-79) for Gary Mohler, based on the findings and subject to the conditions of the staff report.
RESULT: ADOPTED [UNANIMOUS]
MOVER: George Saljian, Commissioner
SECONDER: Steve Stevenson, Commissioner
AYES: Saljian, Stevenson, Van Essen
Planning Commission Page 3 December 19, 2022
B. TENTATIVE PARCEL MAP (PM22-76) FOR 820 N. STOCKTON AVENUE AND REZONE (Z22-75) FOR 820 N. STOCKTON AVENUE AND 225 FRANKLIN LANE A request to rezone two properties from Should the Planning Commission agree Urban Reserve (UR) to Single Family with staff's recommendation, the Residential (RI) and subdivide one following motion would be appropriate:
property into four single family residential
lots located at 225 Franklin Lane and 820 1. "The Planning Commission N. Stockton Avenue. recommends that the City Council
approve the rezone of 225 Franklin
Lane and 820 N. Stockton Avenue
(Z22-75), based on the findings and
subject to the conditions of the staff
report."
2. "The Planning Commission
approves the 820 N. Stockton
Avenue Tentative Parcel Map
(PM22-76), based on the findings
and subject to the conditions of the
staff report."
Planning Director Zuidervaart introduced the staff report into the record Zuidervaart explained this is a request to rezone the properties located at 225 Franklin Lane and 820 N. Stockton Avenue. This is also a request to subdivide 820 N. Stockton Avenue into four single family residential parcels in order to construct four single family residential homes.
Zuidervaart said the owner is requesting to rezone the two separate properties from Urban Reserve (UR) to Single Family Residential (R1) to allow for the construction of single family homes. When the N. Stockton Avenue parcel was annexed into City limits, it was undeveloped and contained farmhouses with outbuildings. The Franklin Lane parcel was divided off of a parcel that fronts Milgeo Road. The requested zone classification of R1 is consistent with the General Plan land use designation for the properties and matches the zoning of the surrounding parcels.
Zuidervaart said the tentative parcel map submitted for 820 N. Stockton Avenue shows the subdividing of the one lot into four single family residential lots. Two of the lots will face N. Stockton Avenue, one of which contains a single family home and will be modified to comply with all required setbacks for the R1 district. The remaining two lots will face Franklin Lane. All lots meet and exceed R1 standards in size and dimensions.
Zuidervaart explained the following improvements will be required upon development of the lots: water and sewer services will be brought in from N. Stockton Avenue and from Franklin Lane for the lots on each side; the streets will be slurry sealed upon completion of those improvements; installation of curb, gutter, sidewalk and asphalt for the lots on Planning Commission Page 4 December 19, 2022
Franklin Lane; roadway dedication, along with a PUE (Public Utility Easement) dedication for the lots on Franklin Lane; all dry utility improvements on Franklin Lane to be underground; some overhead utilities connect to the existing house on N. Stockton Avenue can remain.
Zuidervaart said though we have not seen any plans for construction on these lots, the developer shared he is planning on constructing single-story, single family homes and he will remodel the existing house to adhere to the new setbacks.
Zuidervaart said the project was forwarded to all affected agencies and the applicant met with the Project Review Committee. Comments and conditions of approval have been incorporated into the staff report where appropriate.
Commissioner Van Essen noted the substantial grade difference between neighboring lots. Zuidervaart agreed and said N. Stockton Avenue's frontage is fairly level, but the Franklin Lane frontage will require grading to become level with the road. The developer will have to install retaining walls between the lots to make up for the considerable grade differences along the rear property lines. Zuidervaart said this will not affect existing, neighboring houses.
Commissioner Saljian asked to verify the location of the existing home. Zuidervaart shared a map showing the home on the northwest lot and said they are modifying the existing structure to meet the new setbacks of the parcel.
Saljian asked what kind of driveways the new parcels will have. Zuidervaart said currently on N. Stockton Avenue, it is drive-over curb and can remain that way and noted all units will have garages.
Van Essen asked if the existing house is connected to City water and sewer. Zuidervaart confirmed it is currently on a well and septic system, which will be abandoned upon development.
Manuel Alaniz (4114 Hubbard Rd, Stockton) said he is the applicant and noted the existing house will be half demolished to meet the new setbacks and fully remodeled and his architects are working on plans for single story homes between 2,300 and 2,600 square feet.
PUBLIC HEARING OPENED
Phil Bartlett (751 Heritage Way) said he has concerns about the current shared retaining wall between his house and the proposed lots and asked how the demo will affect his property lines. Bartlett questioned the legality of the existing eight foot tall fence in between his house and the new parcel. Zuidervaart said the property lines will not be effected and if there is currently an eight foot fence, it can stay that way.
Bartlett shared that animal abatement should be done prior to demolition because that property has previously had rodent issues.
Planning Commission Page 5 December 19, 2022
Edward Menezes (758 N. Stockton Avenue) said he lives south of the proposed project and he has the same worries about rodent control. He is concerned the rodents coming from the demolished buildings will infiltrate the neighboring houses. Menezes also shared that the fence between his house and the proposed lot is about two feet over the property line onto his parcel. Zuidervaart said the developer cannot build a fence on property he does not own without permission. He will have to put the new fence on his property, which will leave that two feet available for recapture.
Tom ODonnell (363 Franklin Lane) said he lives a block down from the proposed development and asked how the driveways are going to connect to the existing road on the Franklin Lane side with the elevation difference. ODonnell also asked if the empty parcel to the east will be developed along with this, as it has been empty for some time and had a fire a few years ago. Zuidervaart said the vacant parcel is not owned by the applicant. Zuidervaart said the developer will have to grade the lots appropriately to meet the road for the driveways on Franklin Lane and plans for curb, gutter and sidewalk will be submitted to our Engineering department to ensure all City standards will be met.
Van Essen asked if animal control is the City's responsibility or the developer's.
Zuidervaart confirmed it is up to the developer and is a tough issue to deal with. Most developers do not do rodent control prior to demolition and the City only gets involved when the issue becomes large enough to become a Code Enforcement matter.
Alaniz said he is open to having a pest control company come out and evaluate the situation.
PUBLIC HEARING CLOSED
Motion to recommend that the City Council approve the rezone of 225 Franklin Lane and 820 N. Stockton Avenue (Z22-75) and the Planning Commission approves the 820 N. Stockton Avenue Tentative Parcel Map (PM22-76), based on the findings and subject to the conditions of the staff report.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Steve Stevenson, Commissioner
SECONDER: George Saljian, Commissioner
AYES: Saljian, Stevenson, Van Essen
Planning Commission Page 6 December 19, 2022
REPORTS:
Planning Director Zuidervaart reported that there will be a meeting in January discussing a parcel map on the corner of Vera Avenue and Doak Boulevard and a 16-unit townhouse project on Gilbert Drive.
Commissioner Saljian said he noticed the Carwash construction has begun and he is glad to see 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 6:38 PM.
Planning Commission Page 7 December 19, 2022