PLANNING COMMISSION MINUTES OF AUGUST 4, 2016

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1 PLANNING COMMISSION MINUTES OF AUGUST 4, 2016 The San Joaquin County Planning Commission met in regular session on August 4, 2016 at 6:30 p.m., in the Public Health/Planning Commission Auditorium, 1601 East Hazelton Avenue, Stockton, California. The meeting was called to order by Randy Hamilton, Chairman. The Pledge of Allegiance to the flag was given. Roll Call: (present) Commissioners Randy Hamilton, Chairman Chris Kontos, Vice Chairman Miguel Villapudua Kitty Walker Stan Morri County Staff Richard Flores, County Counsel Alex Chetley, Department of Public Works Frank Girardi, Environmental Health Department Community Development Department Staff Kerry Sullivan, Director Mo Hatef, Senior Planner Stephanie Stowers, Associate Planner Carla Raborn, Account Technician II (absent) APROVAL OF MINUTES FROM THE MEETING OF MAY 5, 2016 It was moved, seconded (Morri/Villapudua) and passed with a vote of 5-0 to approve the minutes as submitted. Kontos, Villapudua, Morri, Walker, Hamilton P. C. MINUTES

2 APPROVAL OF MINUTES FROM THE MEETING OF MAY 19, 2016 It was moved, seconded (Villapudua/Morri) and passed with a vote of 5-0 to approve the minutes as submitted. Morri, Walker, Kontos, Villapudua, Hamilton P. C. MINUTES

3 ACTION ITEMS: 1. ONE-YEAR TIME EXTENSION REQUEST FOR A PREVIOUSLY APPROVED USE PERMIT APPLICATION NO. PA OF BAYSIERRA FLAG CITY PROPERTY 726, LLC (C/O INDERJIT BIRRING) to include the construction of an 11,900 square foot building consisting of four wash and service bays totaling 9,500 square feet, a 1,200 square foot storage area, a 400 square foot break room, a 400 square foot driver's lounge, and a 400 square foot office. The project site is located at the northwest corner of Thornton Road and De Broggi Road, Lodi (Supervisorial District: 4). CONSENT It was moved, seconded (Kontos/Morri) and passed with a vote of 5-0 to: 1. Approve the Negative Declaration; and 2. Approve the one year Time Extension Application for previously approved Use Permit Application No. PA with the previously approved Findings and previously approved Conditions of Approval contained in the Staff Report Walker, Kontos, Villapudua, Morri, Hamilton P. C. MINUTES

4 2. SIX-YEAR TIME EXTENSION REQUEST FOR A PREVIOUSLY APPROVED MAJOR SUBDIVISION APPLICATION NO. PA OF STOCKTON MAIN VENTURE GROUP, LLC & ERNIE VASTI (C/O ERNIE VASTI) to subdivide five parcels totaling acres into fifty-three (53) residential parcels with a vested map. The parcels range in size from 5,000 square feet to 85,000+ square feet. The project site is located on the northeast corner of Main Street and Walker Lane, east of Stockton (Supervisorial District: 2). CONSENT Mike Hakeem, attorney for the owner, requested to remove the item from consent to discuss a lot line adjustment with a neighbor. Jennifer Jolley, Principal Planner, introduced the staff report into the record. PUBLIC HEARING OPENED: PROPONENTS: Michael Hakeem explained the process by which a Lot Line adjustment would transfer the portion of land on which April Naval s building occupies. OPPONENTS: April Naval described the portion of land under her building and explained the circumstances by which this error occurred. She explained the length of time she has been waiting for this error to be corrected. She explained the markers placed by San Joaquin County moving her and many of her neighbor s lot lines. She expressed her concern that she was told it would be corrected, yet she had nothing in writing and she wants a guaranty. REBUTTAL: Michael Hakeem went over the condition included in the Notes for this Evening packet which outlines the Lot Line Adjustment which will return the property to April Naval and that their project cannot be deemed complete unless this condition of approval is met. PUBLIC HEARING CLOSED. It was moved, seconded (Morri/Villapudua) and passed with a vote of 5-0 to: 1. Approve the Negative Declaration; and 2. Approve the six year Time Extension Application for previously approved Major Subdivision Application No. PA with the previously approved findings and previously approved Conditions of Approval contained in the Staff Report along with the additional condition contained in the Notes for this Evening packet. Morri, Walker, Kontos, Villapuua, Hamilton P. C. MINUTES

5 3. MINOR SUBDIVISION APPLICATION NO. PA OF NHON VIEN (C/O DUSTY WILTON) to subdivide two parcels totaling 115 acres into three parcels and a designated remainder parcel. Parcel 1 to contain a 5.00-acre homesite parcel. Parcel 2 to contain a 3.90-acre homesite parcel. Parcel 3 to contain acres. Parcel 4 to contain a acre designated remainder parcel. The project site is located on the north side of State Route 12, 1,050 feet east of Kennison Road, Lodi (Supervisorial District: 4). Mo Hatef, Senior Planner, introduced the staff report into the record PUBLIC HEARING OPENED: PROPONENTS: Randy Thomas, Attorney for the applicant, explained the reason for the request was for estate planning for the children of the property owner. He also stated the Indian tribe was consulted and they did a survey of the area and did not find anything of significance. OPPONENTS: Troy Wagers explained that Native American remains and artifacts have been found on the property. He explained a lot of dirt has been removed from the property. He said that Delta College was supposed to install a satellite campus and it never happened. He said he does not feel the parcels should be split up. Tom Haydgal, described the lay of the land in the past and how it had been altered by grading. He described the Native American remains and artifacts which have been found and his belief that it had been buried deep due to grading and leveling. He is against the subdivision of good agricultural land. Terry Rakers said breaking up this parcel is just not right. He spoke of the Delta College project. He said this is farming land and not meant to be parceled out for homes. Julianne Phillips, SJC Farm Bureau, said these parcels do not meet minimum parcel size requiements. REBUTTAL: Randy Thomas, Attorney for Applicant said Mr. Vien has 115 acres of which the vast majority is dedicated to farming and three (3) children for whom he would like to provide home sites. He explained that should any Native American artifacts be uncovered during building, all work would be stopped until experts could make a determination. PUBLIC HEARING CLOSED. Commissioner Walker asked staff to explain the purpose of home site parcels to the audience. Kerry Sullivan, Director, explained the reason for allowing home site parcels, the problems experienced in the past in allowing them, the steps taken to put a stop to the abuse to the system in the early 1990 s. She explained Financing Parcels and how they worked. She explained that very few Home Site Parcels are allowed or created now. Commissioner Kontos asked what would happen if artifacts are found during the construction. Kerry Sullivan, Director, stated all work shall stop and a qualified archeologist will be contacted. Commissioner Kontos asked who monitors the work to ensure it would be reported. Kerry Sullivan, Director, referred to specific instances where work was stopped until experts could make a determination. She said that in some cases they have required Native American experts to be on site to monitor. She said this is something that the Planning Commission could consider as a condition. Commissioner Kontos asked how anyone would know if they do not report findings and what happens. P. C. MINUTES

6 Kerry Sullivan, Director replied that if they do not report findings, they are violating the law and that it is a self monitoring situation. Commissioner Kontos asked what criteria is used to determine that an onsite monitor is needed. Kerry Sullivan, Director, replied that it depends on the amount of ground disturbance. She gave examples. She explained that the applicant did work with the Miwok Tribe and the Miwok Tribe was satisfied with the conditions. It was moved, seconded (Villapudua/Morri) and passed with a vote of 4-1 to: 1. Approve the Negative Declaration; and 2. Approve Minor Subdivision Application No. PA with the findings and Conditions of Approval contained in the Staff Report. Kontos, Morri, Walker, Villapudua Hamilton P. C. MINUTES

7 4. MAJOR SUBDIVISION APPLICATION NO. PA OF ROYAL FUNDING MANAGEMENT, LP (C/O DILLON & MURPHY): to subdivide an existing 38-acre parcel into eighteen (18) parcels, each to contain at least two (2) acres. The project site is located on the south side of Ashley Lane, 1,250 feet west of Hildreth Lane, Stockton (Supervisorial District 4) Stephanie Stowers, Associate Planner introduced the staff report into the record PUBLIC HEARING OPENED: PROPONENTS: Mike Hakeem, attorney, spoke in favor of the project. He provided history and background for the parcel. He stated that the property is currently planted in orchard, but the owner has received complaints from neighbors regarding agricultural practices, which have accelerated the timeline to subdivide the site. He stated that the project site has a General Plan designation of Rural Residential and is zoned Rural Residential, the project is consistent with both the General Plan and Development Title requirements, and stated that the applicant has worked with staff to ensure compliance. Mr. Hakeem provided supplemental information to the commission, including aerial images and hydrology report. He explained the provided hydrology report, stating that the proposed subdivision will use much less water than the existing orchard. Mr. Hakeem also stated he was open to limiting construction hours at the time of construction of homes to lessen any impact on neighboring property owners. OPPONENTS: Ernest Boutte, Morada Homeowners Association, spoke in opposition of the project and stated he believed an Environmental Impact Report should have been completed. Armando Villapudua, neighbor, spoke in opposition of the project. He stated he believed an Environmental Impact Report should have been completed and new subdivisions should not be allowed as there are existing vacant residential lots in the Morada area. Stephen Schmid, neighbor, spoke in opposition to the project and stated that this property is prime agricultural land and that an Environmental Impact Report should have been completed for the project. Jerry Herrman, neighbor, spoke in opposition of the project, stating water supply concerns and stated that he agrees with all the speakers who spoke before him. Kevin Blackwell, neighbor, spoke in opposition of the project stating traffic and drainage concerns. Gary Aucci, neighbor, spoke in opposition of the project, stating water supply and traffic concerns. George Solari, neighbor and former owner of the property, spoke in opposition of the project and stated that the project is prime agricultural land and should not be designated as Rural Residential. Thomas Sanchez, neighbor, spoke in opposition of the project, stating water supply and water contamination concerns. Patrick Gotelli, neighbor, spoke in opposition of the project and stated that the property is prime agricultural land. He stated traffic and water supply concerns. Commissioner Morri asked when the site was designated Rural Residential. Kerry Sullivan, Director, explained it has been designated Rural Residential at least since 1992, when the current General Plan was adopted, and explained the process for adopting the General Plan. Lisa Hodgson, neighbor, spoke in opposition of the project stating traffic concerns. P. C. MINUTES

8 Royce Northcott, neighbor, spoke in opposition of the project, stating land use, traffic, drainage, and water supply concerns. J P Solari, neighbor, spoke in opposition of the project, and stated that this property is prime agricultural land and that he agreed with all speaker before him. Beverly Ramos, neighbor, spoke in opposition of the project, stating traffic and water supply concerns. Darrell Cockerill, neighbor, spoke in opposition of the project. He stated land use, traffic, drainage, and water supply concerns and that an Environmental Impact Report should have been completed for the project. Gayle Woolley, neighbor, spoke in opposition of the project and stated traffic concerns. REBUTTAL: Michael Hakeem, attorney, addressed the issues raised. He stated that staff thoroughly reviewed the application and determined that an Environmental Impact Report was not required. He stated that the hydrology report he provided clearly shows that the water supply related concerns are unwarranted as the subdivision will use less water than the existing orchard. He stated that the Department of Public Works determined that there were no significant traffic impacts from this project. He stated that the owner has reviewed He added that the project site is zoned Rural Residential and consistent with both the General Plan and Development Title and requested that the Commission approve the project based on its consistency with the General Plan. PUBLIC HEARING CLOSED. Commissioner Kontos asked for clarification from staff as to when the property was designated rural residential. Kerry Sullivan, Director, answered that this property had been zoned Rural Residential since at least 1992 when the last General Plan and Development Title were adopted. Commissioner Kontos asked what notification occurs when zoning is changed. Kerry Sullivan, Director, answered that it is entirely possible for a farmer to own and farm a parcel without knowing it was residentially zoned as agriculture is permitted in residential zones. Additionally, in 1992, with the update of the General Plan, the Rural Residential zone was limited, with strict policies put in place. These policies will move forward to the next General Plan currently in process. Updating the General Plan and zoning includes public meetings and workshops and public notices placed in the newspaper, reiterating that the process is a very public process. Commissioner Kontos asked for more information regarding the notifications for this project. Kerry Sullivan, Director, replied, stating that the notification radius in the Rural Residential zone is 700 feet from the perimeter of the project site. Additionally, a notice of public hearing was placed in the Stockton Record and the Morada MAC was sent a referral. Commissioner Walker stated that there were many neighbors with concerns regarding drainage. She asked Alex Chetley, Public Works, if they had determined there would be no excessive runoff from this project. Alex Chetley replied yes, drainage was reviewed by the Department of Public Works and the impact was determined to be less than significant.. Commissioner Walker explained the Environmental Impact Report process and stated that the process would not be a cure all, as an Environmental Impact Report does not guarantee mitigation for impacts. She stated that under the General Plan and the Development Title this project does not require an Environmental Impact Report. Commissioner Kontos asked for more information regarding the density requirements for the Rural Residential area. Kerry Sullivan, Director, explained that in the Rural Residential zone, 1 to 5 dwelling units are permitted per 5 gross acres, which results in parcel sizes between 1 and 5 acres, however, in order to create parcels less than 2 acres in size, public services, including sewer, water, and storm drainage, must be provided. Generally, Rural P. C. MINUTES

9 Residential parcels are 2 acres in size or greater as this is large enough to accommodate on site services for each parcel. Commissioner Kontos asked if this site could have been divided into 1 acre parcels if services were available. Kerry Sullivan, Director, answered yes, the Rural Residential zone does allow for 1 acre parcels with services, however many smaller subdivisions may find it cost prohibitive to supply services or they feel that 2 acre parcels may be more desirable. Commissioner Morri said that this project is very similar to one in his area and described the similarities. He stated that he did not believe that this project would have impacts on traffic. He thanked the residence of Morada for the information they provided, but stated that this project is consistent with the General Plan and Development Title. Commissioner Walker stated that she agreed with Commissioner Morri s statements and, although this land is prime agricultural land, it is zoned rural residential and the project is appropriate under the General Plan. Commissioner Kontos said he always tries to make decisions based on land use. He said he too would like to live across from a peaceful walnut orchard and may personally resent a new subdivision however, under the land use guidelines, all the proper procedures have been followed and the project is consistent with the Development Title and General Plan. He also state land owners should be allowed to use their land as they choose under the land use guidelines and that he was in favor of the project. It was moved, seconded (Walker/Morri), and passed with a roll call vote of to: 1. Approve the Negative Declaration; and 2. Approve Major Subdivision Application No. PA with the findings and Conditions of Approval Contained in the Staff Report and with the revised condition as contained in the Notes for this Evening packet. Walker, Morri, Kontos RECUSED: Villapudua, Hamilton P. C. MINUTES

10 Other Business: Election of Officers It was moved, seconded (Morri/Kontos), and passed with a roll call vote of 4-0 to: 1. Elect Randy Hamilton as Chairman. Walker, Morri, Kontos, Hamilton Villapudua It was moved, seconded (Morri/Kontos), and passed with a roll call vote of 4-0 to: 1. Elect Kitty Walker as Vice-Chairman. Morri, Kontos, Hamilton, Walker Villapudua The meeting adjourned at 9:20 P.M. RANDY HAMILTON, Chairman *** KERRY SULLIVAN, Secretary P. C. MINUTES

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