MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 24, 2015 The meeting of the Manteca City Planning Commission held on Tuesday,, was called to order by Chairman Nuño at 7:00 p.m. COMMISSIONERS PRESENT: Leonard Smith, Gurminder (Gary) Singh, José Nuño, Roberto Alaniz, and Jeffrey Zellner COMMISSIONERS ABSENT: Eric Hayes STAFF PRESENT: John Brinton, City Attorney; Frederic Clark, Community Development Director; Erika Durrer, Senior Planner; Rochelle Henson, Senior Planner; Mandy Kang, Associate Planner; and Lisa Schimmelfennig, Administrative Assistant III MINUTES: THERE WAS A MOTION AND A SECOND TO APPROVE THE MINUTES FROM NOVEMBER 10, 2015, MOTION CARRIES 5-0. MEMBERS OF THE PUBLIC: AGENDA MODIFICATIONS: PUBLIC HEARINGS: 6.1 Sizzler Restaurant, Site Plan Review SPC-15-78. A request for the Planning Commission to consider approval of a Site Plan Review for an 8,500 square foot restaurant. The project has been determined to be exempt from the requirements of California Environmental Quality Act (CEQA) per categorical exemption Article 19 15332, Class 32, In-Fill Development Projects. Associate Planner, Mandy Kang, explained that the project is a request for a Site Plan Review for an 8,500 square foot Sizzler Restaurant with 110 parking spaces, required landscaping and site improvements. The project will also include an outdoor barbecue area. A site plan review is necessary to ensure that the new use and development of the site will be compatible with the existing and potential development of the surrounding area, and that it produces an environment of stable, desirable character. The project site is part of the Stadium Square development which was approved in 2008 to be a large retail development comprising of Lowe s Home Improvement Store, retail shops, a major drug store and a restaurant. The shopping center was approved and conditioned as a single project with two separate areas comprised of the area currently under review and the Lowe s site. Since then, the City has acquired the Lowe s site for the future South County Government offices, and due to the change in the market, the previously propose tenants have changed. Staff has developed a consolidated list of conditions of approval that will ensure that the site is developed in conformance with the General Plan and zoning policies and regulations. The site can adequately be served by utilities and public services. Staff finds that, as conditioned, the proposed project is consistent with City codes and requirements. Staff recommends that the Planning Commission adopt Resolution No. 1433 for the Sizzler Restaurant project making the required findings to approve Site Plan Review No. 15-78 with Conditions of Approval, per Sections 17.10.060 of the Manteca Municipal Code. There was a question if the mural was a permanent design. Project Architects, Bob Christoff and Bryce Meyers, said that it will not change. It goes along with the Americana theme inside. There was a discussion regarding solar. Bob Christoff said that due to the electrical demand for a restaurant, their building isn t big enough to fit all the solar panels they would need.
Planning Commission Minutes Page 2 There was a question if there was an access agreement for use of the second parcel. Bryce Meyers said that they will do a Lot Line Adjustment to adjust the parcel lines so it becomes one parcel. There was a question if there would be bike stalls. Mandy Kang said yes, it was a Condition of Approval. There was a discussion regarding the storm drainage condition and whether it was part of the approved Master Plan for the site. Frederic Clark supplied a written statement that reads: The City Engineer shall review the issue of whether this project is part of a master planned project which provides for filtration of runoff that is appropriately sized to include this project. If the answer is yes, this project will be governed by provisions for storm drainage for projects deemed complete prior to July 1, 2015. If the answer is no, the storm drainage conditions as written will remain in force. Brandon Bergeson, 1918 Westport Street, asked if there was a solution regarding all of the U-turns being made in front of his house at the corner of Westport and Fishback. Frederic Clark said there is no solution yet, but they are aware of the issue. Garrett Crawford, 2441 Bronzan Road, said that there is a lot of foot traffic in this area and he has been hit by a car making a U-turn at Fishback. This needs to be addressed before someone gets hurt. Frederic Clark said that it has been proposed that the intersection at Fishback be a Round-A-Bout, but ideally, it would be best to close the right-out exit at McDonald s. However, that would involve all owners voluntarily agreeing to do so. Ron Cheek, representing the property owner across the street of this project, said that RLC Associates is to propose a widening of Daniels Street for future development of their property, which will allow for a U- turn at that signal. TO MAKE THE REQUIRED FINDINGS INCLUDING THE PENDING STORM DRAINAGE CONDITION TO APPROVE RESOLUTION NO. 1433 FOR SITE PLAN REVIEW NO. 15-78 FOR THE SIZZLER RESTAURANT. MOTION CARRIES 5-0. 6.2 Oakwood Trails Vesting Tentative Subdivision Map, Project No. TSM 13-75-05. A request by Terra Commercial, Inc. for the Planning Commission to consider a recommendation to the City Council to certify an Environmental Impact Report (EIR) and approval of a General Plan Amendment, Rezone and Vesting Tentative Subdivision Map. The project has resulted in the preparation of an EIR and supporting documents. The EIR was prepared to disclose potential environmental effects of the proposed project. The EIR was prepared in compliance with the California Environmental Quality Act (CEQA) (as amended through Public Resources Code Section 21000 et seq.) and State CEQA Guidelines (California Code of Regulation Section 15000 et seq.) SCH #2014122023. Senior Planner, Rochelle Henson, said that the project consists of the following four components: Environmental Impact Report, General Plan Amendments, Rezone, and Vesting Tentative Subdivision Map. Terra Commercial, Inc. submitted an application for a Vesting Tentative Subdivision Map to subdivide 206.7 acres into 676 lots, one 20.02 acre commercial lot, an 11.59 acre BIP lot, and two park/basin sites. The application includes a request for a General Plan Amendment to change the land use designations to areas of the site from Open Space to Low Density Residential and General Commercial as well as High Density Residential to General Commercial. The application also includes a request to rezone a portion of the site from Open Space (OS) to One Family Dwelling (R-1) and General Commercial (GC) as well as Multi-Family Dwelling (R-3) to General Commercial (GC). The project has resulted in the preparation of an EIR and supporting documents. The EIR was prepared to disclose potential environmental effects of the proposed project. The EIR was prepared in compliance with CEQA and State CEQA Guidelines SCH #2014122023. A Mitigation Monitoring and Reporting Program has been developed and included in the Final Environmental Impact Report for adoption. The Tentative Subdivision Map proposes to subdivide the project site into 676 residential lots, one commercial lot for
Planning Commission Minutes Page 3 future development, one Business Industrial Park parcel for future development and two public parcels for a park/basin and smaller public parcels for trails and landscaping. The residential lots range in size from 5,000 square feet to just over 12,500 square feet. The project area will have three access points, one off Woodward Avenue and two from the extension of Atherton Drive. These streets shall be constructed per the City Standards. The project also includes two park/basins that will be located in the northeast portion of the project site and along the western boundary of the project. The project will also include a landscaped trail area around the north, west, and southern perimeter of the site. Staff recommends that the Planning Commission adopt Resolution No. 1434 recommending the City Council certify Environmental Impact Report and approve the General Plan Amendment, Rezone, and Vesting Tentative Subdivision Map by making the required findings with Conditions of Approval. There was discussion regarding the response made by State of California Department of Transportation regarding traffic and traffic flow. The City s response is that Manteca is not impacted or it s beyond the control of the City. Rochelle Henson said that because Highway 120 is in control by the State, the City has no control over which improvements are installed. There was a question if the project will pay RTIF fees to the County. Rochelle Henson said yes. Ron Cheek said that the applicant submitted their application several years ago and are in agreement of all conditions and they request approval. There was a discussion regarding the use of Round-a-Bouts. There was a question regarding the distance for someone in this development to walk to the Commercial area of the project. Ron Cheek said about ½ mile. A question was asked about when this project will start. Ron Cheek said in 2017 because it takes time to get through the final maps, etc. There was a discussion regarding affordable housing and how it is needed. Ron Cheek said that the homes won t be affordable housing, but affordable in that the lots are smaller which will have a smaller home, making it more affordable. There was a discussion regarding flood zoning and the 200-year flood plain. Ken Crawford, 2441 Bronzan Road, asked what the plan for the homes on Bronzan regarding protection from this development. Trucks aren t supposed to drive down Bronzan. He asked if this will affect his septic or well. There was a concern about losing Ag land. Rochelle Henson said that this project is within the City limits and not many parcels are designated Ag within the City and they are marked for development. This project will pay Ag impact fees. Regarding Mr. Crawford s concern regarding protection from this development on Bronzan Road, a question was asked if there was going to be a fence along Bronzan. Rochelle Henson said that there will be a new Bronzan Road created that will act as a buffer for the access to the residential area. The homes won t front the old Bronzan Road directly. There was a discussion regarding the difference between a bulb out and a round-a-bout. TO MAKE THE REQUIRED FINDINGS AND RECOMMENDING THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT AND APPROVE THE GENERAL PLAN AMENDMENT, REZONE, AND VESTING TENTATIVE SUBDIVISION MAP FOR THE OAKWOOD TRAILS SUBDIVISION. MOTION CARRIES 5-0.
Planning Commission Minutes Page 4 6.3 General Plan Amendment No. GPA-15-42 & Rezone No. REZ-15-43. The City of Manteca is proposing a General Plan Amendment and Rezone Cleanup. An Initial Study and Negative Declaration (IS/ND) ND-15-03 were prepared to disclose potential environmental effects of the proposed project. The IS/ND was prepared in compliance with the California Environmental Quality Act (CEQA) (as amended through Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulation Section 15000 et seq.). A notice of intent to adopt the attached IS/ND was prepared and routed to the City s regular list of agencies and interested individuals, which to date, resulted in no comments or concerns that would affect the contents of the document as written. Staff finds the IS/ND to be adequate environmental documentation for this project under the requirements of CEQA. Senior Planner, Erika Durrer, explained that prior to the adoption of the 2023 General Plan, the land use and zoning for the property at 309 N. Grant was Single-Family Residential. This parcel and the neighboring property, 311 N. Grant Street, have the same ownership and although there are two separate parcels, they are a single-development. When the City changed the land use and zoning for only 309 N. Grant, it caused a series of issues for the property owner. Staff has met several times with the property owner and staff has made the determination the most appropriate land use is Low Density Residential (LDR) and Single-Family Residential (R-1) zoning. This would also be consistent with the area. Another area of cleanup is the intersection of S. Airport Way and Daniels Street, which is a major commercial area along the 120 corridor and is part of the regional shopping and recreation area in Manteca. The current land use for 1100 S. Airport Way is Neighborhood Commercial which is intended for small scale commercial to serve the immediate area. This area is currently developing as a more regional commercial area. Because of this, Staff has made the determination that this property should be re-designated and rezoned to General Commercial to be consistent with the area. Another parcel in the cleanup is 3250 W. Woodward Av. Staff has determined that all parcels within the City limits that have a General Plan Land Use with the Urban Reserve prefix are in need of updating. The Urban Reserve prefix is for those parcels that the City is not able to provide municipal infrastructure to, and this designation is now obsolete for parcels within the city limits. Therefore, portion of 3250 W. Woodward Av that is designated as UR- VLDR is in need of updating. Since this property is within the jurisdiction of Reclamation District 17, and subject to potential impacts of the new state legislation on flood regulations, Staff has come up with a couple options for the owners to decide. They can make the entire site Agricultural use; updating the current land uses from UR-VLDR to VLDR and rezoning the undesignated portion to R-E (Residential Estate); or making no change to this property until the City prepares the next comprehensive General Plan Update. The last area is on S. Austin Rd and includes 14 separate parcels that will be affected by the General Plan Amendment and Rezone. All the parcels have a General Plan Land Use designation Urban Reserve prefix which triggered this change. Staff has reached out to the property owners that are impacted because several of the properties have or recently have been utilized as rural residential. If the land use was changed to a commercial land use, these homes would all be legal non-conforming. Because of this, staff reached out to the property owners and have determined which parcels want to remain residential and which ones want the commercial zoning. During the outreach, one property owner, Al Nunes at 405 S. Vasconcellos, operates a trucking business at this property. His current General Plan Land Use for this property is UR-CMU and General Commercial zoning. Mr. Nunes expressed his need for Light Industrial land use and zoning, but due to issues that would arise from that change, Staff s recommendation would be that the Planning Commission update the land use and zoning as outlined with the exception of Mr. Nunes property. Staff suggested that his property can stay the same and it will be reconsidered when the comprehensive General Plan Update is conducted. There was a question regarding the number of General Plan Amendments allowed in a year. Martin Harris, Terra Land Group, presented and read a letter to the Planning Commission. Ron Cheek said that Mr. Brocchini supports the land use and zoning changes on his property at 1100 S. Airport Way. Brandon Ferguson said that the City needs to figure out the traffic near 1100 S. Airport Way before changing the zoning.
Planning Commission Minutes Page 5 Al Nunes, 922 Shadowbrook, said that he owns the trucking business located at 405 S. Vasconcellos Av and 541 S. Austin Rd said that he has no intention of changing his business. He said that back in 2004, it was rezoned to the current zoning. He requested that his zoning remains the same so he can improve and expand if he needs to. Martin Harris was asked what he wanted to see happen on his property. Mr. Harris said that TLG would like to align with the City so whatever happens out there, they can continue to farm but he wants to be a good neighbor with development. Erika Durrer said that his current use can remain as legal nonconforming as long as current use isn t abandoned and if he wanted to develop into R-E in the future, he could. There was a discussion regarding how these parcels were notified. Erika Durrer said that Staff identified all parcels affected and sent individual letters to all owners and held individual meetings with all people whether by voicemail or in person. For the public hearing, Staff noticed all parcels within 300 of all parcels affected and posted a legal ad in the newspaper. There was a question regarding Mr. Nunes property and if the City is trying to change it because it is a better use. Erika Durrer said that anything with Urban Reserve is obsolete and his parcel is subject to update. What the City is proposing might not work for him and it is fine leaving him out so we can revisit at a later date. TO MAKE THE REQUIRED FINDINGS AND RECOMMENDING THE CITY COUNCIL OMIT 405 S VASCAONCELLOS AV AND 541 S AUSTIN RD FROM THE MOTION AND APPROVE THE REMAINING PARCELS IN GENERAL PLAN AMENDMENT NO. GPA-15-42 AND REZONE NO. REZ-15-4. MOTION CARRIES 5-0. OTHER SCHEDULED ITEMS: STAFF COMMENTS: COMMISSIONER COMMENTS: Commissioner Alaniz and Chairman Nuño wished everyone a Happy Thanksgiving. ADJOURNMENT: Chairman Nuño adjourned this meeting of Tuesday, at 9:23 p.m. to the next regular Planning Commission meeting of December 8, 2015. Secretary Chairman, José Nuño