PLANNING COMMISSION AGENDA REGULAR MEETING OF THE PLANNING COMMISSION. CITY OF CERES, CALIFORNIA City Council Chambers, 2701 Fourth Street

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1 PLANNING COMMISSION AGENDA REGULAR MEETING OF THE PLANNING COMMISSION CITY OF CERES, CALIFORNIA City Council Chambers, 2701 Fourth Street Monday, March 19, :00 p.m. Mailing Address: Planning Division, 2220 Magnolia Street, Ceres, CA Phone: (209) Fax: (209) In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Director, (209) Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR ADA Title II) Members of the public are advised that all pagers, cellular telephones and any other communication devices are to be turned off upon entering the City Council Chambers. CALL TO ORDER by Chairperson Smith PLEDGE OF ALLEGIANCE to the flag led by Chairperson Smith ROLL CALL Commissioners Condit, Del Nero, Johnson, Kachel, Chairperson Smith CONFLICT OF INTEREST DECLARATION CITIZEN COMMUNICATIONS to the Commission on matters not included on the agenda (5 minutes). While the Planning Commission welcomes and encourages participation in Planning Commission meetings, adopted rules allow no more than 5 minutes (Resolution No ) for expression of non-agenda items. Matters under the jurisdiction of the Planning Commission, and not on the posted agenda, may be addressed by the general public; however, California law prohibits the Planning Commission from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the Planning Commission. Citizens are entitled to address the Planning Commission on any agenda item subject to the 5 minute provision. 1

2 CONSENT CALENDAR All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately. 1. Clerk s Report of Posting. The Agenda for the regular meeting of the Planning Commission of March 19, 2018 was posted on March 14, Approval of Minutes a. March 5, 2018 (all present) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING(S) Public Hearings are generally required by regulation, where public comments go into the public record and the hearing is governed by rules concerning who speaks when and for how long and is overseen by a hearing official. 3. Conditional Use Permit (CUP) 17-19; Proposal for a Conditional Use Permit to construct a 4,500 square foot 2-story building with retail uses on the first floor and a single-family residence on the second floor at 2436 E. Whitmore Avenue & th Street. GDR Engineering, Inc., applicant. CEQA STATUS: Categorically Exempt per Section 15332, (Class 32 In Fill Development Projects) REQUIRED ACTION: Approve PC Resolution Site Plan Approval (SPA) 17-20; Proposal to add three separate industrial buildings that total 31,440 square feet to an existing industrial facility at 1900 Kinser Road. L Street Architects, Limited, applicant. CEQA STATUS: Categorically Exempt per Section 15332, (Class 32 In Fill Development Projects) REQUIRED ACTION: Approve PC Resolution

3 NEW BUSINESS None PUBLIC MEETING(S) Public Meetings are generally not required by regulation, involve an open, informal discussion between interested parties run by a moderator where comments may or may not be placed in the public record. None UNFINISHED BUSINESS None MATTERS INITIATED BY PLANNING COMMISSION AND STAFF None REPORTS Commission Chairperson City Attorney City Staff ADJOURNMENT The next regularly scheduled Planning Commission meeting will be held on Monday, April 16, ANY DECISION OF THE PLANNING COMMISSION CAN BE APPEALED TO THE CITY COUNCIL Such an appeal of a Planning Commission action from this meeting must be filed by 5:00 p.m., March 29, Any person who challenges any of the following actions in court, may be limited to raising only those issues that they or someone else raised at the Public Hearing, or in written correspondence delivered to the City of Ceres at, or prior to, the Public Hearing. The appeal must be filed in writing with a $ filing fee. I:\PLANNING\DEPT\PLANNING\PC\Agenda\2018\ doc. 3

4 PLANNING COMMISSION CITY OF CERES, CALIFORNIA Welcome to this meeting of the Ceres Planning Commission. Your interest in the affairs of Ceres is gratifying. The City of Ceres was incorporated February 25, 1918, and is a General Law City in the County of Stanislaus of the State of California. The purposes of the Planning Commission meeting are to make decisions on various permit applications and to make recommendations to the City Council on matters concerning land use and future development. The Planning Commission follows a regular order of business during its meeting. The agenda is prepared in advance by the Planning Division of the City Manager s Office. Copies of the agenda are available at the counter of the Planning Division from Friday morning through 5:00 p.m., Monday. After 5:00 p.m., copies may be obtained in the Council Chambers at the Planning Commission Meeting. If you have a matter to bring before the Planning Commission which is not listed on the agenda, you may be heard under CITIZEN COMMUNICATION. Please step forward to the podium and give your name and address before speaking to the Commission Planning Commission 8 9 PLANNING COMMISSION 1. Commissioner David Johnson 2. Commissioner Gary Del Nero 3. Commissioner Robert Kachel 4. Chairperson Laurie Smith 5. Vice Chairperson Couper Condit 6. City Attorney STAFF 8. Director of Engineering Services/City Engineer Daryl Jordan 9. Director of Community Development Tom Westbrook 10. Senior Planner James Michaels 11. Administrative Secretary/Deputy City Clerk Ann Montgomery Regular public meetings of other city government bodies are scheduled as follows: CITY COUNCIL Second and Fourth Mondays at 6:00 p.m. PLANNING COMMISSION First and Third Mondays at 6:00 p.m. I:\PLANNING\DEPT\PLANNING\PC\agenda seating chart.doc

5 CITY OF CERES PLANNING COMMISSION MINUTES March 5, 2018 MEETING CALLED TO ORDER: 6:00 p.m. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Chairperson Smith. ROLL CALL: PRESENT: ABSENT: Commissioners: Condit, Del Nero, Johnson, Kachel, Chairperson Smith None ALSO PRESENT: Director of Community Development Tom Westbrook, City Manager Toby Wells, Director of Engineering Services/City Engineer Daryl Jordan, Senior Planner James Michaels, City Attorney Nubia Goldstein, Administrative Secretary/Deputy City Clerk Ann Montgomery CONFLICT OF INTEREST DECLARATION: None CITIZEN COMMUNICATIONS: Leonard Shepherd 2841 Fowler Road, Space 71, Ceres, CA Mr. Shepherd expressed his concern with what he s been reading on the internet regarding cities running out of a precious commodity, water. He referenced Cape Town, South Africa, which is rationing water almost like it was gold because they grew too big, too fast, as they didn t plan for the future. He advised the Planning Commission to think really hard about growing any more people or houses in Ceres until they can come up with a foolproof water system. CONSENT CALENDAR: 1. Clerk s Report of Posting. The Agenda for the regular meeting of the Planning Commission of March 5, 2018 was posted on February 28, Approval of Minutes a. February 5, 2018 (all present) Planning Commission Meeting - March 19, 2018 Agenda Item 2.a. - Page 1

6 Planning Commission Minutes March 5, 2018 ACTION: It was moved by Commissioner Condit; seconded by Commissioner Kachel to approve the Consent Calendar. Motion passed by the following vote: AYES: NOES: ABSENT: Commissioners Condit, Del Nero, Johnson, Kachel, Chairperson Smith None None CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR None PUBLIC HEARINGS: 3. Planned Community Development Plan (PCDP) Amendment; Proposal to amend the previously approved development plan for the Westpointe 4 subdivision with a new development plan of single-family homes for the 80 remaining unfinished lots to be known as Orchard Terrace. KB Homes Sacramento, Inc., applicant. Senior Planner, James Michaels presented the staff report. Mr. Michaels noted that during the initial review of the home plans, the applicant informed staff that they desired some flexibility at time of their sales. They requested that they not be required to preplot the three home plans in the subdivision. Staff came up with an agreement where the applicant would ensure that a minimum of 25% of each designated home plan is being provided for the remaining lots, and that the applicant would not be allowed to designate two of the same house plan next to each other. Mr. Michaels explained, at the applicant s request, staff had made some changes to the project conditions for further clarification, which staff is in agreement with. This is reflective with the two sets of the resolutions which have been provided for the Commission at the dais; one indicates the changes in red and where they came from, and the other is a clean copy of what the final resolution would be. Staff is in support of that development plan amendment as proposed by the applicant, subject to the conditions listed in the staff report. The Public Hearing was opened at 6:13 p.m. Dave Pratt, Ceres citizen Mr. Pratt requested that he would like to start receiving hard copies of what the audience is seeing up on the screen and noted that the agenda does not provide the location of this proposed project. Chairperson Smith asked Mr. Michaels to inform Mr. Pratt of the location. Mr. Michaels remarked that this project is at the southwest corner of Malik and Whitmore Avenue. Charlotte Kyle, Senior Forward Planner, KB Homes, Roseville, CA Chairperson Smith asked Ms. Kyle what the price range is of the houses. 2 Planning Commission Meeting - March 19, 2018 Agenda Item 2.a. - Page 2

7 Planning Commission Minutes March 5, 2018 Ms. Kyle explained that they will vary, dependent on market conditions, but she believes the prices range is around $300,000 to $450,000. Chairperson Smith clarified that the lot sizes are approximately 4,500 square feet, and the largest house is 2,230 square feet. She asked if there is some reason the houses are so large on these small lots. Ms. Kyle explained that they are trying to be in conformance with what s already been built. Chairperson Smith noted that she didn t find the streetscape or the elevations of these homes to be very attractive; they re garage leading elevations which aren t too appealing. She s wondering what type of buyer they ll be reaching out to. Ms. Kyle stated that she totally understands Chairperson Smith s concerns, but given the width of the lots, that is the only thing that could be done and still attain a double garage. If the house were in front, then one would have to settle for a single garage. We re basically matching the product that is out there, so they re all pretty typical. Chairperson Smith asked Ms. Kyle if KB Homes considered changing the lot lines to make some of the lots larger to accommodate a more attractive elevation in the plans. Ms. Kyle responded no, because then we d be pricing ourselves out of the market in that area. Chairperson Smith asked if KB Homes currently owns the lots. Ms. Kyle confirmed that they do. Ms. Kyle remarked that she believes that everyone in town will find that it s a very nice product, noting that we do offer solar with every house, which is a plus. It affords the new homeowners a custom home selection process, where they can choose which lot they want and which home plan, noting that there are 12 different elevations to choose from. Commissioner Johnson inquired if KB Homes has built these elevations in other communities; have they had this style home and has it been successful in selling. Ms. Kyle explained that it s a product that is typically used for narrow lots, and yes, or we wouldn t be trying to sell it. We had a huge investment in this community and we cannot afford to lose. We re trying to offer a product that is not only attractive, but is very versatile, basically proven house plans; it s a very sellable item. Commissioner Smith asked for clarification, as she thought Ms. Kyle had said KB Homes is not using this plan in another subdivision. Ms. Kyle explained not this particular one, noting in this particular instance, typical means there are only so many floor plans that are going to fit on lots like this, and so that s why KB Homes went with this product. The Public Hearing was closed at 6:21 p.m. 3 Planning Commission Meeting - March 19, 2018 Agenda Item 2.a. - Page 3

8 Planning Commission Minutes March 5, 2018 Commissioner Kachel asked staff if there was an open space contribution associated with this overall development at the time it was approved. Director of Community Development, Tom Westbrook explained that the subdivision has access to the park in Westpointe, so that s the consideration for the open space for the subdivision. Commissioner Kachel inquired if we typically ask the sub-dividers to provide a per lot fee or anything in Ceres. Mr. Westbrook further explained, that as part of their public facilities fees, there s a component that is specifically for parks. When building permits are issued, there ll be a collection of a number of fees related to the City public facility fees, and a component of that is specific for parks. Commissioner Kachel thanked Mr. Westbrook for his explanation. Commissioner Kachel stated that it s hard to get excited about this kind of development; small narrow lots, big tall houses that don t seem to be aging particularly well. But on the other hand, they seem to be complying with all the other requirements that go along with the project, and it s Phase 4 of the project, which is already developed primarily; so he will put out a motion to recommend approval. ACTION: It was moved by Commissioner Kachel; seconded by Commissioner Johnson to approve PC Resolution City Attorney, Nubia Goldstein asked for clarification of the motion; is it for the draft track-changed resolution or the one included in the agenda packet. Commissioner Kachel stated that it is for the draft track-changed resolution. Motion passed by the following vote: AYES: NOES: ABSENT: Commissioners Del Nero, Johnson, Kachel Commissioner Condit, Chairperson Smith None NEW BUSINESS: 4. Consideration of approval of the Updated 2018 Design Standards for construction of public improvements. City Engineer, Daryl Jordan presented the staff report. Chairperson Smith thanked Mr. Jordan for responding to her inquiry this morning and asked Mr. Jordan to provide some examples of the different types of things that were updated. Mr. Jordan reviewed some of the updates that were made with street lights, ADA requirements in addition to the improvements with piping materials and construction and testing methods. Commissioner Condit asked if there were any fees included. 4 Planning Commission Meeting - March 19, 2018 Agenda Item 2.a. - Page 4

9 Planning Commission Minutes March 5, 2018 City Engineer, Daryl Jordan responded no, there are not. The Public Hearing was opened at 6:32 p.m. The Public Hearing was closed at 6:32 p.m. ACTION: It was moved by Commissioner Condit; seconded by Commissioner Kachel to approve PC Resolution Motion passed by the following vote: AYES: NOES: ABSENT: Commissioners Condit, Del Nero, Johnson, Kachel, Chairperson Smith None None Commissioner Kachel congratulated Mr. Jordan for getting this done, noting it s a massive piece of work that went on to get all of this put together; to update basically everything. That should be recognized. It s a huge task and very much appreciated. Mr. Jordan remarked that Mr. Wells started it years ago, and the Engineering department just picked it up and finished it. PUBLIC MEETING(S): None UNFINISHED BUSINESS: None MATTERS INITIATED BY PLANNING COMMISSION AND STAFF None REPORTS: Director of Community Development, Tom Westbrook announced: General Plan Update Open House will be on Thursday, March 8 th at 5:30 p.m. There will be story boards with staff and consultants available to speak with whoever attends. The Environmental Impact Report for the General Plan is out for the public-comment period, which is open until March 26 th. Pancakes and Politics Breakfast, hosted by the Chamber is coming up on Friday, March 23 rd at 7:00 a.m. It s a free event, but pre-registration is required. You may register yourself or contact Ann, and she ll be happy to register you. Centennial Gala will be on the evening of March 23 rd in the Large Assembly Room of the Community Center. For those who are interested in attending, please let us know and we can provide more information. 5 Planning Commission Meeting - March 19, 2018 Agenda Item 2.a. - Page 5

10 Planning Commission Minutes March 5, 2018 ADJOURNMENT: The Commission adjourned at 6:35 p.m. to the next regularly scheduled meeting of Monday, March 19, APPROVED: ATTEST: Laurie Smith, Chairperson Tom Westbrook, Secretary I:\PLANNING\DEPT\PLANNING\PC\Minutes\2018\ draft.doc 6 Planning Commission Meeting - March 19, 2018 Agenda Item 2.a. - Page 6

11 Planning and Building Division 2220 Magnolia Street Ceres, CA Fax CITY COUNCIL Chris Vierra, Mayor Ken Lane Bret Durossette Mike Kline Linda Ryno March 19, 2018 TO: FROM: SUBJECT: Planning Commission STAFF REPORT AND RECOMMENDATION James Michaels, Senior Planner Conditional Use Permit (CUP) 17-19; Proposal for a Conditional Use Permit to construct a 4,500 square foot 2-story building with retail uses on the first floor and a single-family residence on the second floor at 2436 E. Whitmore Avenue & th Street. APPLICATION FILED: December 11, 2017 DEEMED COMPLETE: March 1, 2018 LOCATION: 2436 E. Whitmore Avenue & th Street Ceres, CA ZONING: (PC-67) Planned Community - 67 GENERAL PLAN: SURROUNDING LAND USES & ZONING: (DR) Downtown Residential North: Developed residential properties, Whitmore Avenue; R-3 & R-1 zoning designations South: Developed residential properties; PC-67 zoning designation East: Developed residential properties, 6 th Street; PC-67 zoning designation West: Commercial uses and developed residential properties, 5 th Street; PC-67 zoning designation Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 1

12 Planning Commission Agenda March 19, 2018 Application Nos CUP PROPERTY OWNER: APPLICANT: Mr. Mohinder Kanda 1705 Gingko Avenue Ceres, CA GDR Engineering, Inc Mitchell Road, Suite G Ceres, CA PROJECT AND SITE DESCRIPTION The applicant is requesting approval of a Conditional Use Permit to construct a 4,500 square foot 2-story building with retail uses on the first floor and a single-family residence on the second floor at 2436 E. Whitmore Avenue & th Street (see Vicinity Map, page 26). The project area is located on two properties just south of the Whitmore Avenue, between the 5 th Street - Whitmore Avenue intersection and the 6 th Street Whitmore Avenue intersection. The total site of both properties combined is 14,375 square feet (0.33 acres) in size and includes a small home. The site is surrounded by Whitmore Avenue and developed residential properties to the north, developed residential properties to the south, 5 th Street with developed commercial and residential properties to the west, and 6 th Street with developed residential properties to the east. GENERAL PLAN AND ZONING COMPLIANCE The subject site is governed under the City s Downtown Specific Plan and has a zoning of Planned Community 67 (PC-67), which is intended to primarily permit residential uses. However, the Specific Plan also permits neighborhood retail shop uses in this location subject to first obtaining approval of a Conditional Use Permit (CUP). Since the primary uses proposed for the site are of neighborhood retail in nature, a CUP is required for the project. The architectural and site improvements for the project are also being reviewed under the proposed CUP. Specific Plan policies that can be applied to the proposed project include: Policy ED 2: Seek destination commercial and institutional uses that increase economic activity and promote additional pedestrian activity. Policy ED 3. Encourage appropriate businesses within Ceres and from elsewhere to relocate to or expand within Downtown. Policy ED 6: Encourage mixed use, retail and office developments that provide a range of jobs within Downtown. Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 2

13 Planning Commission Agenda March 19, 2018 Application Nos CUP Policy LUD 7: Reinforce and enhance the pedestrian-oriented scale and character of new development and public improvement projects within the Plan area. Policy LUD 9: Ensure that new development engages the street by being built to or along parcel lines when not in conflict with a Public Utility Easement and by ensuring architecture that provides visual interest and transparency. To the extent feasible, new development should provide amenities on the street that can be accessed by the public, such as small plazas, benches or landscaping. Additionally, the project site also has a General Plan designation of DR, Downtown Residential. General Plan goals and policies that can be applied to the proposed project include: Goal 1.I. To maintain a healthy and diverse local economy that meets the present and future employment, shopping, recreational, public safety, and service needs of Ceres residents and to expand the economic base to better serve the needs of residents. General Plan Policy 1.B.2. The City shall promote and support the development of a healthy balance of residential, commercial and industrial businesses within the city. General Plan Policy 1.B.7. The City shall promote infill development and reuse of underutilized parcels in the City, consistent with maintaining or enhancing the positive qualities of the surrounding neighborhoods. General Plan Policy 1.F.3. The City shall encourage commercial developments to incorporate features such as: attractive building frontages that are readily visible to the public and articulation in the walls of the building. General Plan Policy 1.M.1. The City shall promote the commercial area downtown as a pedestrian, specialty retail, entertainment, cultural, and office and financial area. Based on this information, staff believes the project with the proposed conditions of approval will be supported by the Downtown Specific Plan, the General Plan, and applicable sections of the zoning ordinance. PROJECT PROPOSAL Conditional Use Permit (CUP) Background In June of 2017, the applicant desired to go through the City s pre-development review process to obtain comments from staff about the possibility of constructing a 4,500 Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 3

14 Planning Commission Agenda March 19, 2018 Application Nos CUP square foot commercial retail building on the properties located at 2436 E. Whitmore Avenue and th Street. General discussion included staff informing the applicant of the potential requirements expected for the project and recommended how to improve project access and circulation and improve the look of the building. The applicant also inquired about the possibility of incorporating a single-family dwelling unit into the building in which staff indicated that could be a possibility and the applicant was advised that the overall project would require approval of a Conditional Use Permit (CUP). The applicant proceeded to submit the formal application in December Site Plan/Floor Plan The applicant is requesting approval of a CUP to allow for the construction of a 4,500 square foot 2-story shell building with retail (and limited office) uses on the first floor and a 2,263 square foot single-family residence on the second floor for the project area. The front of the building is situated at the north end near Whitmore Avenue and extends toward the south property line of the site. The first floor building shall be designed to accommodate up to 4 retail tenant spaces at 969 square feet for each tenant space, and the dwelling unit on the second floor will be constructed approximately 2,263 square feet in size, and will be a 2 bedroom/2 bathroom unit with a kitchen, living/dining room, laundry room, and an office (see pages 29 & 31). As noted above, the project site is located within the Downtown Specific Plan and has a General Plan land use designation of DR, Downtown Residential and an underlying Specific Plan designation of Eastern Residential. Generally, for development proposals of 2-story buildings in the Downtown s commercial districts, the Specific Plan encourages land uses that are mixed use in nature whereby the ground floor could be retail and limited office uses with the upper floor area being designated for residential uses. The same can be said for the Eastern Residential district, except that this designation permits single-family residences for the upper floor area of a 2-story building, but requires a CUP to allow for retail uses on the ground floor. It is the property owner s intent to relocate his existing notary business operation (currently on Mitchell Road) to the subject site in one of the proposed tenant spaces and then be living in the second floor dwelling unit to oversee the operation and provide additional security for future tenant uses of the building. Future tenants of the building would be required to obtain the appropriate permits for any tenant improvements they propose for the remaining spaces. In addition to the construction of the building, the project also includes related parking and landscaping improvements, and the site will be accessible from both 5 th and 6 th Streets. Staff supports the project, as it would provide some new construction in Downtown Ceres which meets the intent of the Downtown Specific Plan, and the project encourages both the development and reuse of an underutilized parcel as well as the balance of commercial businesses that already exist within Downtown Ceres. Thus, staff has no objections to the applicant s request subject to the conditions of approval listed in the staff report. Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 4

15 Planning Commission Agenda March 19, 2018 Application Nos CUP Elevations The building elevations for the project are illustrated with the project s elevation plan sheets and colored rendering (see pages 32-34). The exterior of the building will be designed to a main building height that ranges from feet and would include the following features: A storefront window system on the north end of the building for each tenant space with additional window areas incorporated into the east, and west sides of the building; A combination of grey ( Vulcan and Adirondack ) exterior paint finishes for the main body and accent areas, integrated with wall mounted canopies above the store window areas, and El Dorado stone veneer for the columns. A copy of the color and material sample sheet is included in the staff report for the Planning Commission to review (see page 33). Staff supports the architectural design for this development as: 1. The design incorporates textures and material color schemes, as well as a mix of physical elements such as: a main storefront entry feature for each tenant space, stone accent columns and wall mounted canopies above the store front window areas. 2. The design is consistent with the City s General Plan Policy 1.F.3 which encourages commercial developments to incorporate features such as: attractive building frontages that are readily visible to the public and articulation in the walls of the building. 3. The design, materials and colors of the building are consistent with the Downtown Specific Plan guidelines. With new construction, the applicant has the ability to design and build an attractive new building within the Downtown area. Staff supports the elevations as proposed and in our opinion this will be one of the most aesthetically pleasing buildings in Downtown Ceres. On-Site Improvements The project site will be accessed from two driveway entrances off of 5 th and 6 th Streets as illustrated on the site plan. The site will maintain 14 parking spaces to serve the project, which complies with City requirements. The applicant will be required to provide paving improvements, make sewer and water connections to the building, construct a concrete masonry wall and trash enclosure along the south property line, as well as potentially repair existing curb, gutter, and sidewalk improvements as needed along the project frontage areas. Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 5

16 Planning Commission Agenda March 19, 2018 Application Nos CUP Landscaping The applicant has submitted a conceptual landscape plan which identifies the intent of the vegetation proposed throughout the site (see page 30). The proposed landscape plan incorporates a combination of trees and shrubs to be distributed throughout the site, some of which include: Italian Cypress, Scarlet Oak, Cape Rush, and Iceberg Rose species. Staff anticipates the proposed landscaping will in effect, aesthetically enhance the site and surrounding neighborhood. Lot Line Adjustment A condition of approval has been imposed on the CUP entitlement to require the project to obtain the approval of a Lot Line Adjustment between the two parcels (APN s: and ) involved in the construction of the project. The condition requires the two lots to be consolidated into one parcel to allow for the placement of the building as illustrated on the project site plan. Approval of the Lot Line Adjustment is required prior to submittal of building permits for the project. Other Agencies The Turlock Irrigation District (TID) responded in a letter dated January 12, 2018 to indicate that the owner/developer must apply for a facility change for any pole or electric facility relocation and that facility changes are performed at the developer s expense (see page 35). CEQA The project was reviewed pursuant to the California Environmental Quality Act (CEQA) and was determined to be Categorically Exempt per Section 15332, (Class 32 In Fill Development Projects). STAFF RECOMMENDATION Staff recommends approval of this project subject to the findings and conditions contained in Draft PC 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 15332, Class 32 (In Fill Development Projects). 2. Approval of CUP subject to the findings and conditions contained in the attached Draft Resolution PC Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 6

17 Planning Commission Agenda March 19, 2018 Application Nos CUP Attachments: Page 8-25 Draft PC Resolution Vicinity Map Project Narrative from Applicant 29 Conceptual Site Plan 30 Landscape Plan (L0) 31 Floor Plan (A-1.0) Building Elevations & Material Sample Sheet (A-2.0 & A-2.1) 34 Colored Rendering 35 Turlock Irrigation District (TID) letter dated January 12, 2018 I:\PLANNING\DEPT\PLANNING\PC\staff reports\2017\17-19 CUP.doc; staff report Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 7

18 RECORDING REQUESTED BY: CITY OF CERES When Recorded mail to: City of Ceres Planning and Building Division 2220 Magnolia Street Ceres, CA DRAFT RESOLUTION NO. PC RESOLUTION OF THE CITY OF CERES PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A 4,500 SQUARE FOOT 2-STORY BUILDING WITH RETAIL USES ON THE FIRST FLOOR AND A SINGLE-FAMILY RESIDENCE ON THE SECOND FLOOR AT 2436 E. WHITMORE AVENUE & TH STREET. APPLICATION NUMBER CUP PROPERTY OWNER: APPLICANT/ REPRESENTATIVE: SITE LOCATION: Mr. Mohinder Kanda 1705 Ginkgo Avenue Ceres, CA GDR Engineering, Inc Mitchell Road, Suite G Ceres, CA E. Whitmore Ave & th Street, Ceres, CA, APN s: & WHEREAS, the Planning Commission of the City of Ceres, State of California, has considered said application to construct a 4,500 square foot 2- story building with retail uses on the first floor and a single-family residence on the second floor at 2436 E. Whitmore Avenue and th Street; and, WHEREAS, the property affected by this resolution is located at 2436 E. Whitmore Avenue and th Street, Ceres, CA, 95307; and, WHEREAS, the Planning Commission held a duly noticed public hearing on March 19, 2018, at 6:00 p.m. and considered all testimony and comment presented whether orally or in writing; and, Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 8

19 WHEREAS, the properties affected by this resolution are situated in the City of Ceres, County of Stanislaus, and State of California and are described as follows: All that portion of Lot 2 in Block 14 of the City of Ceres, according to the official map thereof, filed in the Office of the County Recorder of Stanislaus County, California, on March 29, 1927 in Volume 11 of Maps, at Page 1 bounded and described as follows, to-wit: Beginning at the northeast corner of said Lot 2; running thence west along the north line of said lot a distance of 80 feet; thence at right angles south and parallel with the east line of said lot a distance of 80 feet; thence at right angles east and parallel with the north line of said Lot 2, a distance of 80 feet to the east line of said Lot 2; thence north along said last named line 80 feet to the point of beginning. Also, all that real property situated in the northwest quarter of Section 14, Township 4 South, Range 9 East, Mount Diablo Base and Meridian, County of Stanislaus, State of California, described as follows: Beginning at a point 245 feet east or the northeast corner of Block 1 of the Whitmore Addition to the Town of Ceres, according to the map of said addition recorded January 20, 1908 in Volume 3 of Maps, at Page 23, Stanislaus County Records, and distant 20 feet south of the north line of said Section 14, Township 4 South, Range 9 East, Mount Diablo Base and Meridian; thence 80 feet south; thence at right angles 20 feet east; thence at right angles 80 feet north; thence at right angles 20 feet west to place of beginning; being also described as a portion of Block 14 of the City of Ceres, according to the Official Map thereof filed March 29,1927 in Volume 11 of Maps, at Page 1, Stanislaus County Records. Excepting therefrom that portion conveyed to the City of Ceres by grant deed dated January 24, 1979 recorded March 21, 1979 in Book 3168 Page 254, as Instrument of Official Records. APN: PARCEL 1: Lot 1 in Block 14 of the City of Ceres, according to the Official Map thereof, filed in the Office of the County Recorder of Stanislaus County, California, on March 29, 1927 in Volume 11 of Maps at Page 1, more particularly described as: that portion of the northwest quarter of Section 14, Township 4 South, Range 9 East, Mount Diablo Base and Meridian, according to the United States government township plats, bounded and described as follows: Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 9

20 Beginning at a point distant 80 feet east of the northeast corner of Block 1 of the Whitmore Addition to the Town of Ceres, said point being also on the east line of Fifth Street, according to the Map of said addition recorded January 20, 1908 in Volume 3 of Maps at Page 23, and distant 20 feet south of the north line of said Section 14; thence south along the east line of Fifth Street, 80 feet; thence at right angles east 120 feet; thence at right angles north and parallel with said east line of Fifth Street, 80 feet to the south line of the County road; thence west along the south line of said County 120 feet to the point of beginning. Excepting therefrom that portion thereof conveyed to the City of Ceres by grant deed recorded November 9, 1978 in Book 3121, Page 478, Official Records, Stanislaus County. PARCEL 2: A portion of that certain parcel of land as described in deed recorded October 15, 1965 in Volume 2062 of Official Records, Page 292, Instrument No. 4050, Stanislaus County Records, said portion being all that part of said parcel lying southerly of the following described line: Beginning at the intersection of the southerly line of Whitmore Avenue with the easterly line of Fifth Street as shown upon Map entitled City of Ceres filed for record March 29, 1927 in Volume 11 of Maps, Page 1, Stanislaus County Records, thence along said easterly line south 0 degrees east, feet; thence from a tangent that bears north 0 degrees west, along a curve concave to the southeast, having a radius of feet; through a central angle of 90 degrees 00 00, an arc distance of feet; thence north 89 degrees east, feet; thence along a tangent curve concave to the southwest, having a radius of feet; < through a central angle of 90 degrees 00 00, an arc distance of feet to the westerly line of Sixth Street (a City Street 75 feet in width). APN: WHEREAS, the Planning Commission based on the evidence within the staff report and project file find that: 1. The proposed Conditional Use Permit application is consistent with the purpose and intent of the Downtown Residential (DR) designation of the Ceres General Plan. 2. The proposed Conditional Use Permit application is consistent with the purpose and intent of the Planned Community - 67 (PC-67) zoning designation as defined in the Zoning Ordinance and the Downtown Specific Plan. Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 10

21 3. The project will have no adverse effect on surrounding properties. 4. The project will not endanger any wildlife or wildlife habitat. 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 Categorically Exempt and is not subject to further environmental review pursuant to Section 15332, Class 32 (In-Fill Development Projects) of the California Environmental Quality Act. Section 2. The establishment and operation of Conditional Use Permit requires compliance with the conditions of approval, which are contained in this resolution and attached as Exhibit A and on file in the Planning and Building Division, and shall be binding on all heirs, assignees, and successors in interest of said property. Section 3. 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 4. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section (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 exactions, pursuant to Government Code Section (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. Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 11

22 I HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the Planning Commission of the City of Ceres at a regular meeting of said Planning Commission held on the 19 th day of March 2018, by the following vote: AYES: NOES: ABSENT: ATTEST: TOM WESTBROOK, SECRETARY OF THE CERES PLANNING COMMISSION CITY OF CERES Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 12

23 EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit # City of Ceres 2436 E. Whitmore Ave & th Street, Ceres, CA, Prepared: March 5, 2018 Approved by the Planning Commission: March 19, 2018 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 those Principal Uses listed in the A-P and C-1 zoning districts as applicable combined with the one single-family residence associated with this project, as it exists now or may be amended in the future. 3. The Conditional Use Permit shall expire within 18 months (September 19, 2019) 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. B. PROJECT SPECIFIC CONDITIONS Prior to issuance of a Final Site Plan Map, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the City of Ceres: 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 demonstrates compliance with the Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 13

24 condition. These changes shall be indicated with a delta or cloud symbol. A copy of these responses shall be provided with each set of the final site map and improvement plans. These changes shall be approved by the Planning Division PRIOR to the submittal, and City acceptance, of a Building Permit application. 2. This Conditional Use Permit (CUP) entitlement is approved to allow for the construction of a 4,500 square foot shell building with retail uses on the first floor and a 2,263 square foot single-family residence on the second floor. The first floor building shall be designed to accommodate up to 4 retail tenant spaces at 969 square feet for each tenant space, and the dwelling unit on the second floor will be constructed approximately 2,263 square feet in size, and will be a 2 bedroom/2 bathroom unit with a kitchen, living/dining room, laundry room, and an office. The project shall incorporate exterior materials and colors as approved by the Planning Commission with Vulcan and Adirondack exterior paint finishes for the main body and accent areas, integrated with wall mounted canopies above the store window areas, and El Dorado stone veneer for the columns which are consistent with the Eastern Residential district guidelines per the Downtown Specific Plan. Any change to the colors or materials for the project shall receive prior approval from the Director of Community Development or designee and all requests shall be made in writing prior to their installation. 3. The use of the second floor area of the building shall be limited to the single-family dwelling unit proposed by the applicant. Permitted land uses for the first floor area of the building shall be limited to those Neighborhood Retail Uses of the Eastern Residential designation per the City of Ceres Downtown Specific Plan. Neighborhood Retail land uses not identified under the Eastern Residential designation would default to the Principal Uses listed under the A-P, Administrative Professional and C-1, Neighborhood Commercial zone districts per Zoning Code Sections and For those land uses that are not listed under Principal Uses per the above noted Zoning Code sections (but yet might be comparable to such listed uses), it shall be at staff s discretion to determine if certain non-listed uses can be permitted for the project. 4. Prior to issuance of any building permits for the project, the applicant shall complete a Lot Line Adjustment (LLA) to merge together the two subject properties: 2436 E. Whitmore Avenue (APN: ) and th Street (APN: ) into one parcel. Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 14

25 5. Prior to issuance of any building permits for the project, the Engineering Services Department shall require the applicant to complete a right-of-way abandonment process for the abandonment of the right-of-way areas as proposed along 5 th and 6 th Streets. 6. Grease traps shall be installed for any and each food preparation use proposed for the project. 7. The applicant shall provide a 6-foot tall perimeter block wall along the south property line as illustrated on the project site plan. It is the applicant s responsibility to maintain the south end of the proposed building and the 6-foot tall perimeter block wall to the satisfaction of the City. The applicant shall obtain permission from the two adjacent property owners to access their properties for maintenance purposes. As such, the applicant shall obtain and record an access and maintenance easement from the two adjoining property owners to the south (APN s: and ). The applicant shall record this easement prior to the issuance of a building permit for the project. 8. The following items shall be addressed for the proposed project to the satisfaction of the Planning Division and Engineering Services Department: a. All existing residential structures shall be removed from the property as they will not be permitted to remain on the property. Building permit(s) shall be obtained for the demolition of the existing structures through the Building Division. b. All existing utilities (i.e. sewer and water, etc.) must be upgraded to commercial standards to the satisfaction of the City. Additionally, removal/relocating of any existing above ground utility lines and poles will need to be addressed through the City Engineering Services Department. c. The applicant shall repair/replace the existing curb, gutter, and sidewalk improvements along the project frontage areas of Whitmore Avenue and 5 th and 6 th Streets, as determined by the City. d. The applicant shall illustrate how storm drainage (which will need to remain on site) is being addressed with this project to the satisfaction of the Engineering Services Department, and may include the applicant demonstrating how surface Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 15

26 water runoff from the proposed building and new paving areas are conveyed to on-site stormwater retention facilities and that the facilities are adequately sized for the proposed changes. e. To discourage potential customers from obstructing vehicles access to the parking stalls and the refuse enclosure, the City shall require the applicant to provide No Parking red curb zones along the southern perimeter landscaped areas. f. The applicant shall be required to provide perimeter landscaping along the frontage areas as depicted on the site plan including Whitmore Avenue, portions along 5 th and 6 th Streets, and along the south end of the property as illustrated on the project landscape plan. The applicant shall provide landscaping consistent with the State of California s Model Water Efficient Landscape Ordinance (MWELO) standards and the City of Ceres Water Efficient Guidelines and Standards to the satisfaction of the City. Prior to the issuance of building permits, the applicant shall sign and execute a Landscape Maintenance Agreement form. g. The ADA path of travel needs to be provided and maintained from both proposed ADA parking stalls to the building. h. The applicant shall provide a trash enclosure to serve the project, which shall comply with City standards. The trash enclosure shall have 6-foot tall masonry walls on three sides with solid metal gates in front that match the building s field color. i. Parking is calculated at a ratio of 1 space per 450 square feet of floor area of the retail area and 1 space for the singlefamily residence. The proposed parking area of 14 spaces complies with the required minimum to serve the project. A minimum of 27 feet of drive aisle width shall be provided and maintained for back-up and parking spaces shall have the required dimensions of 9 x 19 per space. Additionally, handicapped (ADA) parking spaces provided for this project shall have the required dimensions of 17 x 19 per space. j. One monument sign would be permitted for this project, not to exceed 32 square feet in area and 6 feet in height. The maximum allowable sign area for a wall sign is 1 square foot of sign area for every 1 lineal foot of primary business frontage and ½ square foot for every 1 linear foot of Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 16

27 secondary frontage. Any proposed monument sign shall be placed on the property and not within the right-of-way of Whitmore Avenue. 9. The applicant shall comply with the following conditions, which shall be completed prior to occupancy of the building constructed to the satisfaction of the Planning Division and Engineering Services Department: a. As applicable, the applicant shall install all water, sanitary sewer and storm drain systems, and related utilities required to serve the project. Calculations for these utilities shall be prepared by a licensed civil engineer for review and approval by the City Engineer. b. The applicant shall install all project access, paving, parking, landscaping, perimeter wall, trash enclosure, and walkways as illustrated on the Site Plan and Landscape Plan. c. The improvements associated with this project (i.e. parking lot striping/paving, sidewalks/walkways, and lighting, block wall, etc.) shall comply with all City standards to the satisfaction of the Planning Division and Engineering Services Department. d. The applicant shall install street lights, striping and signing, paving, and any necessary transitions in accordance with the City of Ceres Procedures, Standard Specifications and Standard Details. e. The applicant shall ensure that the entire project complies with the American Disabilities Act (ADA) requirements to the satisfaction of the City of Ceres. f. The applicant shall underground the existing aerial drops across the street and on site to the satisfaction of the Engineering Services Department. 10. Building permit(s) will be required for the project, and the applicant shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, and Ceres Unified School District fee. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued. The project is required to comply with the requirements of the California Building Code that are in place at the time said building permit application is made for each building. Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 17

28 11. The applicant shall ensure that all roof mounted mechanical units are to be screened, and all exterior mechanical units visible from the street are painted the same of the buildings field colors and must have screened landscaping. Any wall mounted mechanical units need to be flush with the exterior of the building. This shall be accomplished to the satisfaction of the City. 12. The applicant shall comply with the requirements of the Turlock Irrigation District (TID) per the District s letter dated January 12, 2018, some of which include, but are not limited to the following: 13. The applicant shall provide As-Built drawings of the improvements including plan and profiles of the water, sanitary sewer and storm drain systems. Alignments shall be tied to a monumented property corner. A. GENERAL CONDITIONS OF APPROVAL Planning Division 1. Development shall conform to the plans designated by the City Planning Division as Final Exhibit. Final exhibit shall consist of the submitted map(s), site plan, floor plans, elevations and landscape plans amended by the applicant to reflect any changes indicated above in, Item B, Project Specific Conditions or required by the City in the approval process. The applicant shall submit any required amended site plans to the Planning Division within 90- days of project approval. Failure to submit the amended plans will result in a delay in processing and/or approval of those plans. 2. The development impact fees and project processing fees due in connection with this project shall be based upon the fees in effect at the time the fee is paid unless modified by a Development Agreement or other mechanism approved by the City. All developers of property within this project site shall pay the appropriate City and County Public Facility Fees, Ceres Unified School District Fees 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. Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 18

29 4. As applicable, the applicant shall meet all requirements of Pacific Gas & Electric, AT&T, San Joaquin Valley Air Pollution Control District, Turlock Irrigation District (TID) and other utility agencies serving the project site to the satisfaction of the Planning Division. 5. The developer will defend, indemnify, and hold harmless the City, its agents, officers, employees and volunteers from and against all claims, lawsuits, or causes of action (whether brought solely against the City or jointly against both City, developer, or others), damages, losses, and expenses, including attorney fees, arising in any manner out of the approval or the application approved herein, including, without limitation, all actions or proceedings to attack, set aside, void or annul the permit granted pursuant to the City s approval of the application referenced herein, provided the City notifies the developer within a reasonable time of any such claim, action or proceeding, and cooperates in the defense of such claims, actions or proceedings. 6. Prior to any construction activity, the developer shall inform all contractors of the possibility that human remains may be found on the site during construction activities. The applicant shall consult with the Native American Heritage Commission for recommended procedures if human remains are found. 7. As determined by the City, the applicant shall secure all necessary easements for reciprocal access, parking, landscaping and/or public utilities over the proposed property. Where required, location of all easements shall be agreed to with the City prior to the issuance of building permits. These easements shall be recorded prior to issuance of a Certificate of Occupancy. 8. In addition to complying with the State of California s Model Water Efficient Landscape Ordinance (MWELO) standards, the applicant shall be required to landscape and irrigate the project area as stipulated by the City of Ceres Water Efficient Guidelines and Standards. The applicant, prior to building permit submittal, shall provide landscape and irrigation plans indicating the type, size and location of planted material, water usage calculations and irrigation plans. The Director of Community Development or his designee will review and approve all landscape and irrigation plans. A Landscape Maintenance Agreement form shall be signed and executed prior to issuance of a building permit. 9. The applicant shall comply with the visibility obstructions at public intersections provisions in Chapter of the City of Ceres Municipal Code. Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 19

30 10. During the construction phase, the applicant shall ensure temporary outdoor storage of items will be screened with a fence or wall, as required. Depending on use, fences or walls shall not exceed eight (8 ) feet in height including security measures, unless required for environmental mitigation or approval of the Planning Commission or City Council. 11. The applicant shall comply with the requirements of the San Joaquin Valley Air Pollution Control District regarding Rule 9510 to the satisfaction of the City of Ceres. If applicable, applicant shall submit verification of compliance or payment of fee to the satisfaction of the Director of Permits Services or designee from the Air District, prior to issuance of a building permit. Additionally, the applicant shall incorporate measures per the SJVAPCD guidelines to reduce greenhouse gas emissions to the satisfaction of the SJVAPCD and to the City. 12. The Planning Division may approve minor amendments to the project, provided that the amendment is still in substantial conformance with the original approval of this entitlement (CUP 17-19). A request for a minor amendment shall be submitted in writing to the Planning Division. Any request that is not deemed minor in nature must be presented to the Planning Commission through the amendment process and the applicant shall pay the necessary processing fees. 13. 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 of the Ceres Municipal Code. 14. The applicant shall comply with the applicable sections of the Ceres Municipal Code. Engineering Services Department/Public Works Department The applicant shall comply with the requirements imposed by the City of Ceres Engineering Services Department/Public Works Department, which may include, but not be limited to the following: 1. The applicant shall submit to the City of Ceres for review and approval, a grading and drainage plan prepared by a Registered Civil Engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 20

31 2. The applicant shall demonstrate to the satisfaction of the Engineering Services Department that surface water runoff from the proposed buildings, including new access/driveway/parking areas, are conveyed to stormwater facilities and that the facilities are adequately sized for the proposed changes. 3. A soils report is required for the project. The applicant shall submit to the City of Ceres for review and approval, a detailed soils report certified by a Civil Engineer registered in the State of California and qualified to perform soils work. The soils report shall comply with the requirements of the current edition of the International Building Code with the current California amendments. The soils report shall provide design parameters for proposed building foundation, soil preparation, and specifications and recommendations for pavement sections, including loading areas and fire lanes. 4. The project may be subject to providing the Engineering Services Department ( ) with water and sewer analysis to ensure the City has sufficient capacity to serve the development. 5. All services shall be installed and protected as per City standards. Additional utility easements may be needed for sewer, water, and storm drainage. 6. Prior to issuance of building permits, a plan for preventing stormwater pollution and implementation of appropriate Best Management Practices (BMP s) must be submitted to, and approved by, the Ceres Engineering Services Department. The plan shall comply with the State Water Regional Control Board Storm water Best Management Practices during construction. 7. The project shall be designed to incorporate Low Impact Development (LID) design parameters as well as a Stormwater Pollution Prevention Plan (SWPPP). The City needs a copy of the SWPPP prior to start of construction (grading). The applicant will be required to implement construction BMP's to prevent sediment from entering the street and the City's stormdrain inlets, which includes gravel drives at entrance/exit points, wattles, and stormdrain inlet filters, as well as keeping concrete wash, chemicals, etc. out of the stormdrain system. This shall be done to the satisfaction of the Engineering Services Department. 8. The applicant shall provide three (3) separate water related service lines, including fire service, domestic service, and irrigation service. Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 21

32 9. Prior to any work being conducted within the City right-of-way and prior to issuance of building permits, the applicant shall obtain an Encroachment Permit from the City. Prior to issuance of the Encroachment Permit, the applicant shall submit to the City of Ceres for review and approval, improvement plans prepared by a registered Civil Engineer; shall pay plan check and inspection fees; shall provide a cost estimate of the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. 10. The applicant shall provide traffic control plans, prepared by a registered civil engineer, for all proposed work within the City right-ofway. 11. 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. 12. The project soils engineer shall submit a soils certification prior to placement of building foundations and pavement. 13. The applicant shall submit pavement design sections to the Engineering Services Department for review and approval prior to placement of pavement. If in poor condition, an overlay of 0.10 may be required at new entry points from centerline to width of new approaches. 14. All improvements shall be constructed in accordance with City standards and to the satisfaction of the Engineering Services Department. 15. The applicant shall comply with San Joaquin Valley Air Pollution Control District regulations for the construction phase of this project. DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 16. If any hazardous waste is encountered during the construction of this project, then all work shall be immediately stopped and the Stanislaus County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 22

33 17. 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. 18. 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. 19. 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. 20. Sufficient surety guaranteeing the public improvements for a period of one year shall be provided. 21. 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 1. The proposed development requires the approval of building permit(s) and it shall be subject to comply with the currently adopted California Building Code and disability accessibility as approved by the Building Division at the time of building permit issuance. 2. The applicant shall list all color and materials on the construction drawings when submitted to the City s Building Division. 3. An automatic fire sprinkler system will be required for the building. 4. Approval of this project is not an authorization to commence construction. Building construction, alterations, repairs, sign erection or occupancy shall not be permitted without prior approval of the Building Division through issuance of any required permits. 5. All construction shall meet the requirements of the current adopted California Building Code, and disability accessibility as approved by the Building Division. Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 23

34 6. The applicant shall obtain approval of a City of Ceres building permit for the project and shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, and Ceres Unified School District fees. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued. 7. The applicant shall provide on-site restroom facilities during construction. 8. Handicapped parking stalls shall have a dimension of 17 x 19 with the access area on the passenger side. Handicapped accessibility to the proposed building shall be required. Handicapped accessibility to the proposed building shall be required per State Law and to the approval of the Building official. 9. The project will be subject to approval from the San Joaquin Air Pollution Control District. Fire Department The project shall conform to any requirements imposed by the Emergency Services Department, which may include, but not be limited to: 1. All construction shall conform to the requirements of the Ceres Building Division and Ceres Ordinance , as amended pertaining to the Uniform Fire Code and Ordinance , as amended, pertaining to Automatic Sprinklers. 2. An automatic fire sprinkler system is required for the building. The sprinkler system must be approved by the Fire Marshal. 3. Emergency vehicle access shall meet the requirements of the Fire Department. All emergency vehicle access points and proposed utilities shall ensure cross-easements and shall be located per the proposed development plans unless modified by these conditions. 4. All emergency vehicle access areas shall be constructed of an all weather material approved by the Ceres Emergency Services. 5. If fire hydrants are required, they shall be spaced 300 feet apart, with one within 50 feet of the Fire Department Connection (FDC) for the Automatic Fire Sprinkler System. They shall be connected to a minimum main size of 8 inches for a dead-end hydrant and 6 inches for a looped system. Blue reflective dots shall denote the location of Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 24

35 the fire hydrants (both on-site and off-site) and shall be placed per Ceres Fire Department specifications. They shall be Rich 960 or equal. 6. Fire Department Connections and automatic fire sprinklers control valves shall be located per Ceres Emergency Services approval. Locking Knox Type Fire Department Connection caps are required on all Fire Department Connections. 7. A Knox type locking key box is required for the building. Mounting location shall be approved by the Fire Department. 8. Fire main layout shall be reviewed and approved by the Ceres Emergency Services. All water systems shall be looped when supplying more than one hydrant. 9. The applicant shall provide and install security lighting for the project. 10. Fire Lane-No Parking zones shall be established and marked for this project per the Fire Department specifications. 11. The applicant shall provide an approved fire alarm system which shall be 24-hour monitored by an approved and UL listed monitoring station. 12. The property s address shall be visible from the roadway(s). 13. A minimum of 48-hour notice is required for all inspections. Police Department 1. The project will be required to conform to the provisions of the Public Peace, Safety and Morals section of the Ceres Municipal Code. I:\PLANNING\DEPT\PLANNING\PC\Resolutions\2018\Reso (17-19CUP; Jas Plaza).doc Planning Commission Meeting - March 19, 2018 Agenda Item 3 - Page 25

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46 Planning and Building Division 2220 Magnolia Street Ceres, CA Fax CITY COUNCIL Chris Vierra, Mayor Ken Lane Bret Durossette Mike Kline Linda Ryno STAFF REPORT AND RECOMMENDATION March 19, 2018 TO: FROM: SUBJECT: Planning Commission James Michaels, Senior Planner Site Plan Approval (SPA) 17-20; Proposal to add three separate industrial buildings that total 31,440 square feet to an existing industrial facility at 1900 Kinser Road. APPLICATION FILED: December 14, 2017 DEEMED COMPLETE: March 1, 2018 LOCATION: 1900 Kinser Road, Ceres, CA ZONING: GENERAL PLAN: SURROUNDING LAND USES & ZONING: (M-2) General Industrial (GI) General Industrial North: Existing developed industrial properties, Kinser Road ; M-1 zoning designation South: Existing developed residential properties; R-1 & R-3 zoning designations East: Existing developed industrial properties; M-2 zoning designation West: Existing developed industrial properties; M-2 zoning designation Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 1

47 APPLICANT S REPRESENTATIVE: PROPERTY OWNER: L Street Architects, Limited L Street Modesto, CA Peter Clark Tesla Road Livermore, CA PROJECT AND SITE DESCRIPTION The applicant is requesting approval of a Site Plan Approval (SPA) entitlement to add three separate industrial buildings that total 31,440 square feet to an industrial facility at 1900 Kinser Road (see Vicinity Map, page 20). The project area is located along the south side of Kinser Road, approximately 920 feet west of the Kinser Road/Railroad Avenue intersection. The site is 4.33 acres in size and is currently developed as an industrial facility. The site is surrounded by developed industrial zoned properties to the west, north, and east, Kinser Road to the north, and existing residential properties to the south. GENERAL PLAN AND ZONING COMPLIANCE The project site has a zoning designation of General Industrial (M-2) per the City s Zoning Ordinance and it has a General Plan designation of General Industrial (GI). The project is also consistent with the following General Plan Policies: Goal 1.I. To maintain a healthy and diverse local economy that meets the present and future employment, shopping, recreational, public safety, and service needs of Ceres residents and to expand the economic base to better serve the needs of residents. General Plan Policy 1.B.2. The City shall promote and support the development of a healthy balance of residential, commercial and industrial businesses within the city. General Plan Policy 1.I.1. The City shall encourage the retention and expansion of existing industries and businesses in Ceres. Based on this information, staff believes the project with the proposed conditions of approval will be supported by the General Plan, and applicable sections of the zoning ordinance. Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 2

48 PROJECT PROPOSAL Site Plan Approval Background The subject site, 1900 Kinser Road, is an industrial facility that currently has three existing buildings (that total 30,000 square feet) located on the site (see pages 20-21). At this time, the site has two tenants, an awning/tent manufacturer and a wood carving business. The site currently has employee parking located at the north end of the site and remaining faded parking stalls are being used for outdoor storage. In May 2017, the property owner went through the City s pre-development review indicating that he was looking to clean up the site with the possibility of adding three more buildings and creating improvements that would address future tenant outdoor storage issues without impacting required parking stalls or obstructing vehicle access areas. General discussion included staff informing the applicant of the potential requirements expected for the project and recommended how to improve project access and circulation. The applicant was advised that the project required a Site Plan Approval (SPA) entitlement. The applicant proceeded to submit the formal application in December Site Plan w/proposed Improvements The applicant is requesting approval of a SPA entitlement to allow for three separate industrial buildings that total 31,440 square feet to an existing industrial facility at 1900 Kinser Road (see pages 22-23). The three proposed buildings are being positioned at the south and east ends of the existing buildings (away from public view) and comprise of 11,970 sq.ft., 11,970 sq.ft., and 7,500 sq.ft., respectively, for a total combined building area of 61,440 square feet for all structures on the property. The project site will be accessed from the main driveway entrance off of Kinser Road as illustrated on the site plan. The site will maintain 79 parking spaces to serve the project, which complies with City requirements. The applicant will be required to provide paving improvements, make sewer and water connections to the buildings, provide landscaping and a trash enclosure, as well potentially repair existing curb and gutter improvements as needed along the project frontage area of Kinser Road. Staff supports the applicant s proposal subject to the conditions of approval listed under PC Resolution (see pages 6-19). Floor Plans & Elevations As noted above, the applicant is proposing three (3) separate buildings with square footages of 11,970, 11,970, and 7,500, respectively. Each of the two largest buildings proposed have the option of creating four tenant spaces (approximately 3,008 square feet per space) and the third building has the option of having three tenant spaces (approximately 2,400 square feet per space). Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 3

49 The three proposed buildings will be designed with a range in height of feet. The building elevations, color material sample sheet, colored renderings for this project provide a perspective of what the proposed buildings may look like, both of which have been included in the staff report for the Planning Commission to review (see pages 28-34). Each proposed building includes windows on both the north and west ends, and will reflect a single slope roof feature with Cool Zinc Gray horizontal metal siding wrapped around the base of the building integrated with a unique color scheme for the vertical metal siding proposed for the main body. For the two 11,970 square foot buildings, the colors for the vertical metal siding will be Cool Colonial Red and Cool Cobalt Blue, and the 7,500 square foot building will be Cool Leaf Green. Staff supports the architectural design for this development as the design, materials and colors for the proposed buildings are consistent with features encouraged for industrial development proposals per the City s General Plan policies. Landscaping The applicant has submitted a conceptual landscape plan which identifies the intent of the vegetation proposed for the site s parking lot interior and near the front of the three existing buildings (see page 24). The proposed landscape plan incorporates a combination of trees and shrubs to be distributed throughout these areas, some of which include: Chinese Elm, Dwarf Heavenly Bamboo, Starburst Evergreen Daylily, and African Iris species. Staff anticipates the proposed landscaping will in effect, aesthetically enhance the site. Other Agencies The Turlock Irrigation District (TID) responded in a letter dated January 31, 2018 to indicate that the an irrigation pipeline belonging to Improvement District 533 located just outside the west boundary of the site and that the pipe must be protected at all times during construction of the enlargement of the drainage pond at the southwest corner of the site (see page 35). CEQA The project was reviewed pursuant to the California Environmental Quality Act (CEQA) and was determined to be Categorically Exempt per Section 15332, (Class 32 In-Fill Development Projects). STAFF RECOMMENDATION Staff recommends approval of this project subject to the findings and conditions contained in the Draft PC Resolution. Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 4

50 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 15332, Class 32 (In-Fill Development Projects). 2. Approval of SPA subject to the findings and conditions contained in the attached Draft Resolution PC Attachments: Page 6-19 Draft PC Resolution Vicinity Map & Aerial Photo Site Plan (Plan Sheet AS.1 with additional rendering) 24 Landscape Plan (Plan Sheet A0) Floor Plans (Plan Sheets A1.1-A1.3) Building Elevations (Plan Sheets A6.1-A6.3) & Color Material Sample Sheet Colored Renderings 35 Turlock Irrigation District (TID) letter dated January 31, 2018 I:\PLANNING\DEPT\PLANNING\PC\staff reports\2017\17-20 SPA (Kinser Shell Buildings).doc; staff report Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 5

51 RECORDING REQUEST BY: CITY OF CERES When Recorded mail to: City of Ceres Planning Division 2220 Magnolia Street Ceres, CA DRAFT RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CERES APPROVING A SITE PLAN APPROVAL ENTITLEMENT TO ADD THREE SEPARATE INDUSTRIAL BUILDINGS THAT TOTAL 31,440 SQUARE FEET TO AN EXISTING INDUSTRIAL FACILITY AT 1900 KINSER ROAD. APPLICATION NUMBER SPA. PROPERTY OWNER: APPLICANT: SITE LOCATION: Peter Clark Tesla Road Livermore, CA L Street Architects, Limited L Street Modesto, CA Kinser Road APN S: WHEREAS, the Planning Commission of the City of Ceres, State of California, has considered said application proposing a Site Plan Approval entitlement to add three separate industrial buildings that total 31,440 square feet to an existing industrial facility at 1900 Kinser Road; and, WHEREAS, the property affected by this resolution are located at 1900 Kinser Road; and, WHEREAS, the following real property affected by this resolution is situated in the City of Ceres, County of Stanislaus, and State of California and is described as follows: Lot 2 in Block 80 of the City of Ceres, per Map filed March 29, 1927 in Volume 11 of Maps, at Page 1, Stanislaus County Records. Excepting therefrom the east feet of the north feet. Also excepting therefrom the north 15 feet as conveyed in deed to the City of Ceres, by deed recorded January in Book 3009, at Page 526, Instrument No , Stanislaus County Records. APN: Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 6

52 WHEREAS, the Planning Commission held a duly noticed public hearing on March 19, 2018 at 6:00 p.m. and considered all testimony and comment presented whether orally or in writing; and, WHEREAS, the Planning Commission based on the evidence within the staff report and project file find that: 1. The proposed Site Plan Approval application is consistent with the purpose and intent of the General Industrial (GI) designation of the Ceres General Plan. 2. The proposed Site Plan Approval application is consistent with the purpose and intent of the M-2, General Industrial zoning designation. 3. With the conditions of approval imposed on this Site Plan Approval application, 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. THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Ceres as follows: Section 1. The Planning Commission hereby confirms that this project is Categorically Exempt from environmental review pursuant to Section 15332, class 32 of the California Environmental Quality Act. Section 2. The establishment and operation of SPA requires compliance with the conditions of approval contained in this resolution and attached as Exhibit A and on file in the Planning and Building Division, which shall be binding on all heirs, assignees, and successors in interest of said property. Section 3. 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 4. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section (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 exactions, pursuant to Government Code Section (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. Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 7

53 I HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the Planning Commission of the City of Ceres at a regular meeting of said Planning Commission held on the 19 th day of March 2018, by the following vote: AYES: NOES: ABSENT: ATTEST: TOM WESTBROOK, SECRETARY OF THE CERES PLANNING COMMISSION CITY OF CERES Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 8

54 EXHIBIT A CONDITIONS OF APPROVAL SPA City of Ceres 1900 Kinser Road Ceres, CA Prepared: March 8, 2018 Approved by the Planning Commission: March 19, 2018 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 residential uses and those permitted uses per the M-2 (General Industrial) zoning district as applicable, as it exists now or may be amended in the future. 3. This Site Plan Approval entitlement shall expire within 18 months (September 19, 2019) 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. B. PROJECT SPECIFIC CONDITIONS Prior to issuance of a Final Site Plan Map, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the Planning and Building Division: 1. The applicant shall respond in writing to all conditions contained in this document and its attachments. Responses shall be in a letter format with each condition numbered and indexed for reference and shall describe how the condition has been met and shall, where applicable, direct the plan checker to the page and/or drawing detail that demonstrates compliance with the condition. These changes shall be indicated with a delta or cloud symbol. A copy of these responses shall be provided with each set of the final site map and improvement plans. These Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 9

55 changes shall be approved by the Planning Division PRIOR to the submittal, and City acceptance, of a Building Permit application. 2. This Site Plan Approval entitlement is approved to allow for the construction of three industrial buildings, with each building being 11,970 sq.ft., 11,970 sq.ft., and 7,500 sq.ft., respectively. The applicant shall incorporate colors, materials, and architectural features as approved by the Planning Commission (e.g. exterior metal finishes for the main body) and are represented with the project elevations and colored renderings drawn by L Street Architects, Limited. received on December 14, 2017), to the satisfaction of the Planning Division. Any change to the colors or materials for the project shall receive prior approval from the Director of Community Development or designee and all requests shall be made in writing prior to their installation. 3. The applicant shall obtain approval of a City of Ceres building permit(s) for the project and shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, and Ceres Unified School District fees. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued. The project is required to comply with the requirements of the California Building Code that are in place at the time said building permit application is made for each building. 4. The outdoor display/storage of tent like structures and industrial equipment shall not be permitted to be set up within the front yard entrance area (north of the existing security gate) or within any drive aisle areas or parking lot stalls. Such structures and equipment shall not be positioned in a manner that also obstructs emergency vehicle access to the satisfaction of the City. 5. The applicant shall, with the necessary building permits, demolish any existing unpermitted structures. 6. Prior to issuance of building permit(s) for the project, the applicant shall enter into a Landscape Maintenance Agreement (between the applicant and the City), which shall be signed and executed prior to the issuance of a building permit for the project. Landscape Plans shall meet State of California s Model Water Efficient Landscape Ordinance (MWELO) standards and the City of Ceres Water Efficient Guidelines and Standards. 7. The applicant shall comply with the following conditions for the project as illustrated on the project site plan, which shall be completed prior to occupancy of the first new building constructed for this project to the satisfaction of the Planning Division and Engineering Services Department: a. The applicant shall provide 79 parking stalls to the serve the project, and ensure that all parking stall lengths and widths and drive aisle widths are being met to the City s satisfaction. The project shall Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 10

56 comply with the American Disability Act (ADA) requirements for access and for the required number of ADA parking stalls. Handicapped parking spaces shall be provided with a dimension of 17 x 19. For any parking provided at 90, a minimum of 27 shall be provided for back-up and parking spaces shall be a minimum of 9 x 19. The overall project parking requirements shall be based upon the City s ratio of 1 space per 800 square feet of floor area for the overall development. b. The applicant shall install all related utilities, water, sanitary sewer, and ensure the existing storm drain system (i.e. drainage pond) is sized appropriately to accommodate storm drainage from the entire development. Calculations for these utilities shall be prepared by a licensed civil engineer for review and approval by the City Engineer. c. The applicant shall install project landscaping intended for the site as illustrated on the Site Plan and the Landscape Plan. d. The applicant shall provide paving improvements for the new development and repair/replace existing paved areas (i.e. driveway entrance, access and parking lot areas) as determined by the City. e. The applicant shall provide striping for existing and proposed parking lot areas and designated walkways as depicted on the site plan to the satisfaction of the City. f. The applicant shall repair/replace any existing damaged curb and gutter along the Kinser Road project frontage area. g. The applicant shall install new fencing as shown on the Site Plan, and repair/replace existing fence areas that are in disrepair as determined by City staff. h. The improvements associated with this project (i.e. parking lot striping/paving, sidewalks/walkways, and lighting, etc.) shall comply with all City standards to the satisfaction of the Planning Division and Engineering Services Department. i. The applicant shall provide a trash/recycling enclosure for the project, which shall be 288 sq.ft. in size (144 sq.ft. for trash refuse and 144 sq.ft. for recyclable materials), thereby meeting the size requirements as established in the City of Ceres Water Efficient Guidelines and Standards. The enclosure shall be constructed with 6-foot masonry walls on three sides with chain link w/screening gates or solid metal gates in front. The trash enclosure will need to be positioned on the site that is acceptable to both the City and the Bertolotti Disposal Company that will serve the development. The applicant shall provide Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 11

57 the landscaping to screen the enclosure area as depicted on the landscape plan. j. The applicant shall be required to maintain existing frontage landscaping along Kinser Road to the satisfaction of the Planning Division. Any existing dead landscape area(s) as determined by the Planning Division staff shall be replaced to staff satisfaction prior to occupancy. Additionally, landscaping shall be provided for the interior parking lot areas as depicted on the landscape plan. k. The applicant shall ensure that the entire project complies with the American Disabilities Act (ADA) requirements to the satisfaction of the City of Ceres. 8. If the applicant desires electronic gated access at the front of the site in lieu of the existing manual gated access, the applicant shall work with the Fire Department to discuss the Puck operating system that would be required. Said electronic gate shall also require the approval of a building permit. 9. Any proposed exterior lighting will need to be shielded and/or directed downward and away so as not to create any glare onto Kinser Road and neighboring properties. 10. The applicant shall ensure that all roof mounted mechanical units are to be screened, and all exterior mechanical units visible from the street are painted the same of the buildings field colors and must have screened landscaping. Any wall mounted mechanical units need to be flush with the exterior of the building. This shall be accomplished to the satisfaction of the City. 11. All signage for the proposed project shall be approved, prior to installation, by the Director of Community Development consistent with the Signing Standards as stated in section of the Ceres Municipal Code. As visibility to the site is limited from Kinser Road, the applicant has the option to provide a 6-foot tall, 30 sq.ft. sized monument sign to advertise the business location. 12. The applicant shall comply with the requirements of the Turlock Irrigation District (TID) per the District s letter dated January 31, The applicant shall provide As-Built drawings of the improvements including plan and profiles of the water, sanitary sewer and storm drain systems. Alignments shall be tied to a monumented property corner. Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 12

58 C. GENERAL CONDITIONS OF APPROVAL Planning Division 1. Development shall conform to the plans designated by the City Planning Division as Final Exhibit. Final exhibit shall consist of the submitted map(s), site plan, floor plans, elevations and landscape plans amended by the applicant to reflect any changes indicated above in Item B, Project Specific Conditions or required by the City in the approval process. The applicant shall submit any required amended site plans to the Planning Division within 90-days of project approval. Failure to submit the amended plans will result in a delay in processing and/or approval of those plans. 2. The development impact fees and project processing fees due in connection with this project shall be based upon the fees in effect at the time the fee is paid unless modified by a Development Agreement or other mechanism approved by the City. All developers of property within this project site shall pay the appropriate City and County Public Facility Fees, Ceres Unified School District Fees 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. As applicable, the applicant shall meet all requirements of Pacific Gas & Electric, AT&T, San Joaquin Valley Air Pollution Control District, Turlock Irrigation District (TID) and other utility agencies serving the project site to the satisfaction of the Planning Division. 5. The developer will defend, indemnify, and hold harmless the City, its agents, officers, employees and volunteers from and against all claims, lawsuits, or causes of action (whether brought solely against the City or jointly against both City, developer, or others), damages, losses, and expenses, including attorney fees, arising in any manner out of the approval or the application approved herein, including, without limitation, all actions or proceedings to attack, set aside, void or annul the permit granted pursuant to the City s approval of the application referenced herein, provided the City notifies the developer within a reasonable time of any such claim, action or proceeding, and cooperates in the defense of such claims, actions or proceedings. 6. Prior to any construction activity, the developer shall inform all contractors of the possibility that human remains may be found on the site during construction activities. The applicant shall consult with the Native Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 13

59 American Heritage Commission for recommended procedures if human remains are found. 7. As determined by the City, the applicant shall secure all necessary easements for reciprocal access, parking, landscaping and/or public utilities over the proposed property. Where required, location of all easements shall be agreed to with the City prior to the issuance of building permits. These easements shall be recorded prior to issuance of a Certificate of Occupancy. 8. In addition to complying with the State of California s Model Water Efficient Landscape Ordinance (MWELO) standards, the applicant shall be required to landscape and irrigate the project area as stipulated by the City of Ceres Water Efficient Guidelines and Standards. The applicant, prior to building permit submittal, shall provide landscape and irrigation plans indicating the type, size and location of planted material, water usage calculations and irrigation plans. The Director of Community Development or his designee will review and approve all landscape and irrigation plans. A Landscape Maintenance Agreement form shall be signed and executed prior to issuance of a building permit for the project. 9. The applicant shall comply with the visibility obstructions at public intersections provisions in Chapter of the City of Ceres Municipal Code. 10. During the construction phase, the applicant shall ensure temporary outdoor storage of items will be screened with a fence or wall, as required. Depending on use, fences or walls shall not exceed eight (8 ) feet in height including security measures, unless required for environmental mitigation or approval of the Planning Commission or City Council. 11. The applicant shall comply with the requirements of the San Joaquin Valley Air Pollution Control District regarding Rule 9510 to the satisfaction of the City of Ceres. If applicable, applicant shall submit verification of compliance or payment of fee to the satisfaction of the Director of Permits Services or designee from the Air District, prior to issuance of a building permit. Additionally, the applicant shall incorporate measures per the SJVAPCD guidelines to reduce greenhouse gas emissions to the satisfaction of the SJVAPCD and to the City. 12. The Planning Division may approve minor amendments to the project, provided that the amendment is still in substantial conformance with the original approval of this entitlement (SPA 17-20). A request for a minor amendment shall be submitted in writing to the Planning Division. Any request that is not deemed minor in nature must be presented to the Planning Commission through the amendment process and the applicant shall pay the necessary processing fees. Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 14

60 13. 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 of the Ceres Municipal Code. 14. The applicant shall comply with the applicable sections of the Ceres Municipal Code. Engineering Services Department/Public Works Department The applicant shall comply with the requirements imposed by the City of Ceres Engineering Services Department/Public Works Department, which may include, but not be limited to the following: 1. The applicant shall submit to the City of Ceres for review and approval, a grading and drainage plan prepared by a Registered Civil Engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. 2. The applicant shall demonstrate to the satisfaction of the Engineering Services Department that surface water runoff from the proposed buildings, including new paving and access/driveway/parking areas, is conveyed to on-site stormwater retention facilities and that the facilities are adequately sized for the proposed changes. 3. A soils report is required for the project. The applicant shall submit to the City of Ceres for review and approval, a detailed soils report certified by a Civil Engineer registered in the State of California and qualified to perform soils work. The soils report shall comply with the requirements of the current edition of the International Building Code with the current California amendments. The soils report shall provide design parameters for proposed building foundation, soil preparation, and specifications and recommendations for pavement sections, including loading areas and fire lanes. 4. The project soils engineer shall submit a soils certification prior to placement of building foundations and pavement. 5. The applicant shall submit pavement design sections to the Engineering Services Department for review and approval prior to placement of pavement. 6. The project may be subject to providing the Engineering Services Department ( ) with water and sewer analysis to ensure the City has sufficient capacity to serve the development. 7. All services shall be installed and protected as per City standards. Additional utility easements may be needed for sewer, water, and storm drainage. Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 15

61 8. Prior to issuance of building permits, a SWPPP plan for preventing stormwater pollution and implementation of appropriate Best Management Practices (BMP s) must be submitted to, and approved by, the Ceres Engineering Services Department. The plan shall comply with the State Water Regional Control Board Storm water Best Management Practices during construction. 9. The project shall be designed to incorporate Low Impact Development (LID) design parameters as well as a Stormwater Pollution Prevention Plan (SWPPP). The City needs a copy of the SWPPP prior to start of construction (grading). The applicant will be required to implement construction BMP's to prevent sediment from entering the street and the City's stormdrain inlets, which includes gravel drives at entrance/exit points, wattles, and stormdrain inlet filters, as well as keeping concrete wash, chemicals, etc. out of the stormdrain system. This shall be done to the satisfaction of the Engineering Services Department. 10. The applicant shall provide three (3) separate water related service lines, including fire service, domestic service, and irrigation service. 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 City right-of-way. 13. The applicant shall indicate, in writing to the City, the disposition of any septic tanks and water well(s) (and any other water) that may exist within the site. If any septic tanks or water 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. 15. The applicant shall comply with San Joaquin Valley Air Pollution Control District regulations for the construction phase of this project. DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 16. If any hazardous waste is encountered during the construction of this project, then all work shall be immediately stopped and the Stanislaus Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 16

62 County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 17. 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. 18. 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. 19. 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. 20. Sufficient surety guaranteeing the public improvements for a period of one year shall be provided. 21. 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 1. Each proposed building requires the approval of building permit(s) and each proposed building shall be subject to comply with the currently adopted California Building Code and disability accessibility as approved by the Building Division at the time of building permit issuance. 2. The applicant shall list all color and materials on the construction drawings when submitted to the City s Building Division. 3. An automatic fire sprinkler system will be required for each proposed building associated with the project. 4. Approval of this project is not an authorization to commence construction. Building construction, alterations, repairs, sign erection or occupancy shall not be permitted without prior approval of the Building Division through issuance of any required permits. 5. All construction shall meet the requirements of the current adopted California Building Code, and disability accessibility as approved by the Building Division. Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 17

63 6. The applicant shall obtain approval of a City of Ceres building permit for the project and shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, the Service Road Industrial Master Plan Reimbursement Fees, and Ceres Unified School District fees. These fees are adjusted annually based on the construction cost index. The applicant shall pay the fees in place at the time the building permit is issued. 7. As applicable, all construction shall meet the requirements of the currently adopted California Building, Fire, Mechanical, Plumbing Code, as well as the National Electrical Code, and disability accessibility as approved by the Building Division. 8. Construction of all improvements shall be completed by licensed contractor(s). 9. The applicant shall provide temporary on-site restroom facilities during construction. 10. Handicapped parking stalls shall have a dimension of 17 x 19 with the access area on the passenger side. Handicapped accessibility to the proposed building shall be required and comply with the American Disabilities Act (ADA) requirements. 11. The project will be subject to approval from the San Joaquin Valley Air Pollution Control District. Fire Department The project shall conform to any requirements imposed by the Emergency Services Department, which may include, but not be limited to: 1. All construction shall conform to the requirements of the Ceres Building Division and Ceres Ordinance , as amended pertaining to the Uniform Fire Code and Ordinance , as amended, pertaining to Automatic Sprinklers. 2. An automatic fire sprinkler system is required for each proposed building. All sprinkler systems must be approved by the Fire Department. The Fire Department connection for the fire sprinkler systems shall be at locations approved by the Ceres Fire Department. 3. Fire hydrant(s) are required. All fire hydrant(s) shall be Rich 960 or equal and be spaced 300 feet apart (on and off site), with one within 50 feet of the Fire Department Connection for the Automatic Fire Sprinkler System. They shall be connected to a minimum main size of 8 inches for a dead-end hydrant and 6 inches for a looped system. Fire Department Connections Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 18

64 (FDC s) shall be located per Ceres Fire Department specifications, and locking Knox type FDC caps are required. 4. Fire main layout shall be reviewed and approved by the Ceres Emergency Services. A project that requires only one fire hydrant shall include a 6-inch lateral to tie into the main water line with a backflow prevention device at the hydrant. For a project requiring more than one fire hydrant, the water system shall be looped and include backflow prevention devices at points of connection to the main water line. 5. Emergency vehicle access shall meet the requirements of the Fire Department. All emergency vehicle access points and proposed utilities shall ensure cross-easements and shall be located per the proposed development plans unless modified by these conditions. 6. All emergency vehicle access areas shall be constructed of an all weather material approved by the Ceres Emergency Services. 7. A Knox type locking key emergency access box is required for each building. Location to be specified by the Ceres Fire Department. 8. The applicant shall ensure that the building addresses are visible from the adjacent roadways. 9. The applicant shall provide and install security lighting for the project. 10. Emergency access road shall be a minimum of 20 feet wide with a vertical clearance of 13 feet 6 inches. 11. All turning radius shall be a minimum of 50 feet on outside of radius. 12. A fire alarm system is required for the project and is to be approved by Fire Department. It shall be 24-hour monitored by an approved and UL listed monitoring station. 13. A minimum of 48-hour notice is required for all inspections. Police Department 1. The project will be required to conform to the provisions of the Public Peace, Safety and Morals section of the Ceres Municipal Code. I:\PLANNING\DEPT\PLANNING\PC\Resolutions\2018\Reso (17-20 SPA - Kinser Shell Buildings).doc Planning Commission Meeting - March 19, 2018 Agenda Item 4 - Page 19

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