PLANNING COMMISSION MINUTES OF JUNE 3, 2010

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1 PLANNING COMMISSION MINUTES OF JUNE 3, 2010 The San Joaquin County Planning Commission met in regular session on June 3, 2010, 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 Chairman Richard Nickerson. The Pledge of Allegiance to the flag was given. Roll Call: (present) Commissioners Richard Nickerson, Chairman Peter Johnson, Vice Chairman Stan Morri Miguel Villapudua Michael Devencenzi County Staff Alex Chetley, Department of Public Works Andy Eshoo, County Counsel Rodney Estrada, Environmental Health Department Community Development Department Staff Kerry Sullivan, Director Rick Griffin, Senior Planner Corinne King, Associate Planner Byron McCrary, Stenographer (absent) None APPROVAL OF MINUTES FROM MEETING OF APRIL 15, 2010 It was moved, seconded (Johnson/Villapudua), and passed by a unanimous roll call vote (5-0) to approve the minutes as submitted. PC MINUTES PC:

2 APPROVAL OF MINUTES FROM MEETING OF MAY 20, 2010 It was moved, seconded (Morri/Devencenzi), and passed by a unanimous roll call vote (4-0) to approve the minutes as submitted. ABSTAIN: VILLAPUDUA, MORRI, DEVENCENZI, NICKERSON JOHNSON PC MINUTES PC:

3 1. VARIANCE NO. PA OF ALVIN AND DORIS CORTOPASSI AND DONALD L. GRUPE LIVING TRUST (C/O DILLON & MURPHY) to vary the minimum parcel size in the AG-40 (General Agriculture, 40-acre minimum) zone from 40 acres to 1.01 acres. The project site is located on the north side of State Route 26, 2900 feet east of Gogna Road, east of Stockton (Supervisorial District 4). This item is continued from the meeting of April 15 and May 20, 2010, with the hearing open. Corinne King, Associate Planner, introduced the staff report into the record. PUBLIC HEARING OPENED: PROPONENTS: Joe Murphy, representing the property owners, said they want to create a stand-alone parcel. This is a parcel created by inheritance. Mr. Grupe wants to build a home for his son. Mr. Cortopassi wants to create a private agricultural airstrip. In regard to Finding 2, the zoning says you cannot create this parcel, but that is the reason for a Variance application. The majority of the land owners in this area have similar land sizes. In regard to Finding 1, this project has special circumstances. It has a private airstrip. This property has been removed from the Williamson Act. The Board of Supervisors approved the Williamson Act cancellation, and he feels this is a good sign for approval of this Variance. Commissioner Devencenzi said the zoning is in place to protect existing farm practices. Alvin Cortopassi said this parcel was created in They have met the Williamson Act conditions. Joe Murphy said he can make the findings. Financial reasons figure into this. OPPONENTS: No one was present. PUBLIC HEARING CLOSED: Commissioner Villapudua said he agrees with the County s position. Commissioner Morri said he cannot make Findings 1 and 2. Commissioner Johnson said he agrees. Commissioner Devencenzi said he cannot make the findings. Commissioner Nickerson said he agrees with the other Commissioners. It was moved, seconded (Morri/Villpaudua), and passed by a unanimous roll call vote (5-0) to deny Variance No. PA based on the inability to make Findings 1 and 2 contained in the staff report. PC MINUTES PC:

4 2. VARIANCE NO. PA OF RAJIV JAIN (C/O SHAWN PEMBERTON) to vary the maximum height of an existing off-premises sign in the C-FS (Freeway Service Commercial) zone from 45 feet in height to 55 feet in height above grade. The project site is located on the south side of State Route 12, 182 feet east of Star Street, Lodi (Supervisorial District 4). Mo Hatef, Associate Planner, introduced the staff report into the record. PUBLIC HEARING OPENED: PROPONENTS: Rod Atteberry, representing the applicant, said this is just a 10-foot increase. This will make a big difference in visability and marketability of their business. He said the phone number is obstructed by Carl s Jr. s sign. The longer a driver has to look at a billboard, the more likely accidents will happen. Regarding Finding 1, he said this finding can be made because of the size, shape, topography, and location. He said that Carl s Jr. s manager is not opposed to this increase. He said this sign does not block anyone else s sign. Commissioner Morri asked if Carl s Jr. s sign was put up before the other sign. Mr. Atteberry said yes. Commissioner Johnson said if they approved this, then others in this area will want to raise their signs also. Shawn Pemberton said his intent is for the sign to be seen from State Route 12 and not from I-5. Commissioner Morri said he agrees with Commissioner Johnson. This would open a Pandora s box. People approaching this sign have a stop light so they would slow down, which would allow them to see the sign. OPPONENTS: No one was present. PUBLIC HEARING CLOSED: Commissioner Johnson said he has a problem with people putting in a sign and then changing their mind later. He cannot make the findings. Commissioner Villapudua said a 10-foot increase would not hurt Car s Jr. Commissioner Nickerson said he also has a problem with people putting in signs and then wanting to change them later. Commissioner Johnson said the sign is in a good location because of the stop light. It was moved and seconded (Villapudua/Devencenzi) to approve Variance No. PA However, the motion failed by a 3-2 vote against approval. Therefore, PA is denied. VILLAPUDUA, DEVENCENZI JOHNSON, MORRI, NICKERSON PC MINUTES PC:

5 3. REVISIONS OF APPROVED ACTIONS FOR USE PERMIT NO. PA OF THE CITY OF STOCKTON (C/O WASTE RECOVERY WEST) to revise Community Development Department Condition No. 1.b. and Public Works Department Condition No. 2.k. of a previously approved Use Permit for the processing of whole scrap tires into Tire Derived Aggregate (TDA) and the indoor storage of raw materials (used tires) (Use Type: General Industrial-Intermediate). The revision would permit outdoor storage of TDA from May 15 th to September 15 th of each year. All other conditions of approval would still apply. The project site is located on the east side of El Dorado Street, 4000 feet south of McKinley Street, south of Stockton (Supervisorial District 1). This item is continued from the meeting of May 20, 2010, with the hearing open. CONSENT It was moved, seconded (Devencenzi/Morri), and passed by a unanimous roll call vote (5-0) to: 1. Approve the Negative Declaration; and 2. Approve the Revisions of Approved Actions application for Use Permit No. PA with the previously approved Findings and the previously approved Conditions of Approval with the changes to Conditions of Approval 1.b. and 2.k. contained in the staff report. * * * The hearing was adjourned at 8:10 p.m. RICHARD NICKERSON, * * * KERRY SULLIVAN, Chairman Secretary PC MINUTES PC:

PLANNING COMMISSION MINUTES OF DECEMBER 4, 2008

PLANNING COMMISSION MINUTES OF DECEMBER 4, 2008 The San Joaquin County Planning Commission met in regular session on December 4, 2008, at 6:30 p.m., in the Public Health/Planning Commission Auditorium,