Agenda Tuesday, September 15, 2015 – 6:00 P.M.

Transcription

City of Riverbank
Planning Commission Meeting
City Hall North Council Chambers
6707 Third Street • Riverbank • CA 95367
Agenda
Tuesday, September 15, 2015 – 6:00 P.M.
CALL TO ORDER:
Chair: Hughes
ROLL CALL:
Chair:
Vice Chair:
Commissioner:
Commissioner:
Commissioner:
Hughes
Vacant
McKinney
Stewart
Villapudua
CONFLICT OF INTEREST
Any Planning Commission/Authority Member and Staff who has a direct Conflict of Interest on any
scheduled agenda item to be considered are to declare their conflict.
1. PUBLIC COMMENTS (No action to be taken)
At this time members of the public may comment on any item not appearing on the agenda, and within
the subject matter jurisdiction of the Planning Commission Board. Individual comments will be limited to a
maximum of 5 minutes per person and each person may speak once during this time; time cannot be
yielded to another person. Under State Law, matters presented during the public comment period cannot
be discussed or acted upon. For record purposes, state your name and City of residence. Please
address the entire Planning Commission Board.
2. CONSENT CALENDAR
All items listed on the Consent Calendar are to be acted upon by a single action of the
Planning Commission unless otherwise requested by an individual Planning Commissioner
Member for special consideration. Otherwise, the recommendation of staff will be accepted and
acted upon by roll call vote.
Item 2.A:
Posting of the Agenda. The Agenda for the September 15, 2015, Planning Commission
Meeting was posted on the City Chamber bulletin board, City Hall North & South bulletin
board, Post Office and sent to the Library on September 10, 2015.
Item 2.B:
Approval of the Agenda. This provides an opportunity for the Planning Commission or
Staff to recommend that an item be placed on the agenda for discussion or to adjust the
proposed agenda to allow an item to be taken out of order.
Item 2.C:
Approval of the Minutes. The Minutes of the August 18, 2015, Planning Commission
Meeting having been read by the individual Commissioners and stands approved as
submitted.
Recommendation: It is recommended that Planning Commission approve the Consent
Calander by roll call vote.
Any documents, not privileged or of a closed session, produced by the City and distributed to the majority of the Planning Commission regarding any
item on this agenda will be made available at Developmental Services Department, 6617 3rd Street, Riverbank, CA during normal business hours. (if
technologically possible) at http://www.riverbank.org/Depts/planning/default.aspx upon distribution to a majority of the Planning Commission (typically
72 hours prior to the meeting).
Riverbank Planning Commission
Agenda for September 15, 2015
Page 1 of 4
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3.
PUBLIC HEARING
Item 3.1: Nana Farkye / Stanislaus Cheese proposal for Architectural and Site Plan Review
Application No. 02-2015 / Resolution 2015-021 - Project Description: The applicant is requesting the
Architectural and Site Plan Review of additions and tenant improvements to an existing milk and cheese
processing facility, including a small retail area. City services currently serving the site will remain
unchanged including water and sewer. City staff has determined that the proposed additions and tenant
improvements are exempt from CEQA pursuant to Section 15301 (Class 32) of the State CEQA
Guidelines related to Existing Facilities. Property is located at 3112 Santa Fe Street, APN 132-011-060
and is zoned M-1 Light Industrial. The General Plan designation for the site is MU (Mixed Use). The
property is within the Downtown Specific Plan which designates this property as Downtown General.
Recommendation: Approval by roll call vote
Item 3.2: Solar Permit Procedures - ZOTA __- 2015 – State mandate requires the City to adopt an
ordinance for expedited permitting procedures for small residential rooftop solar systems.
Item 3.3: Galaxy Theatre, LLC - Conditional Use Permit No. 02-2015 / Resolution 2015-018 – Project
Description: Request to modify CUP 01-2013 / Resolution 2013-006 to increase allowed beer size from
a 12 oz. cup per customer to 16 and 24 oz. size cups per customer. (Class 41 License – On-Sale Beer
and Wine for Bona Fide Public Eating Place). Property is located at 2525 Patterson Rd., APN: 075008-029, within a C-2 General Commercial Zoning District. This item was continued from the regular
Planning Commission meeting of July 21, 2015.
4.
COMMISSION ITEMS (Information Only – No Action)
Item 4.1: Annual Stanislaus County Planning Commissioners Workshop, to be held Saturday, October
10, 2015, City of Ceres Community Center from 8:30 – 12:30 p.m.
5.
COUNTY REFERRAL/CORRESPONDENCE/INFORMATION (Information Only – No Action)
None
6.
UP-COMING MEETING AGENDA ITEMS (Information Only – No Action)
Item 6.1: Ward Villas – Infill project that would require a General Plan Amendment, Rezone and Planned
Development.
Item 6.2: Diamond Bar West – Final Subdivision Map.
Item 6.3: Diamond Bar West – Architecture and Site Plan Review.
Item 6.4: Include e-cigarettes in the tobacco ordinance – Ordinance Amendment.
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7.
NEW BUSINESS (Information Only – No Action)
Item 7.1: Crossroads Shopping Center, Pad “C” – So far we have received three tenant improvement
plans for Panda Express, Chipotle and Dickey’s BBQ Pit.
8.
ADJOURNMENT – The next regular Planning Commission meeting – October 20, 2015
@ 6:00 p.m.
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AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury, under the laws of the State of California that the
foregoing agenda was posted on the City Hall bulletin board 72 hours prior to the meeting.
Dated this 10th day of September, 2015
Janet Smallen, Sr. CDS
NOTICE REGARDING AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with
Disabilities Act, if you need special assistance to participate in this meeting, please contact the
Development Services Department at (209) 863-7128. Notification 3 business days before the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting [28 CFR 35.102-35.104 ADA Title II].
NOTICE REGARDING NON-ENGLISH SPEAKERS: Pursuant to California Constitution Article III,
Section IV, establishing English as the official language for the State of California, and in
accordance with California Code of Civil Procedures Section 185, which requires proceedings
before any State Court to be in English, notice is hereby given that all proceedings before the
City of Riverbank City Planning Commission shall be in English and anyone wishing to address
the Planning Commission is required to have a translator present who will take an oath to make
an accurate translation from any language not English into the English language.
GENERAL INFORMATION: The Riverbank Planning Commission meets on the third Tuesday
of each month at 6:00 p.m.
COMMISSION AGENDAS: The Planning Commission agenda is posted pursuant to the California
Brown Act, which only requires these agenda title pages to be posted. Additional documents
that are part of this agenda and provided to a majority of the Planning Commission by the City
will be made available to the public. The agenda is posted for public review at the City’s
website www.riverbank.org, at the Development Services Department, and on the exterior of
both City Hall North & South buildings bulletin boards, 6707 & 6617 Third Street, Riverbank, CA.
Subscription to receive the agenda can be purchased for a nominal fee through the
Development Services Department.
PUBLIC HEARINGS: In general, a public hearing is an open consideration within a regular
meeting of the Planning Commission, for which special notice has been given and may be
required. During a specified portion of the hearing, any resident or concerned individual is
invited to present protests or offer support for the subject under consideration.
QUESTIONS: Contact the Developmental Services Department at (209) 863-7128.
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City of Riverbank
6707 Third Street • Riverbank • CA 95367
MINUTES
Tuesday, August 18, 2015
The following minutes reflect action minutes, with added clarification for the record. A copy of the verbatim recording may be
obtained, for a fee, by contacting the Development Services Department at (209) 863-7128.
CALL TO ORDER/ROLL CALL:
Present:
Chair Hughes, Commissioner McKinney, Commissioner Stewart and Commissioner
Villapudua
Absent:
None
CONFLICT OF INTEREST: Any Planning Commissioner and Staff who would have a direct Conflict of
Interest on any scheduled agenda item to be considered are to declare their conflict.
No one declared a conflict.
1. PUBLIC COMMENTS (No action to be taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within
the subject matter jurisdiction of the Planning Commission. Individual comments will be limited to a
maximum of 5 minutes per person and each person may speak once during this time; time cannot be
yielded to another person. Under State Law, matters presented during the public comment period cannot
be discussed or acted upon. For record purposes, state your name and City of residence. Please make
your comments directly to the Planning Commission.
Mayor O’Brien spoke to the Planning Commission and thanked them for all their hard
work and that they are planning on having a joint meeting with the City Council in
February 2016. Mayor O’Brien also wanted to inform the Planning Commissioners that
some of their terms will be expiring at the end of the year, and that if they wanted to
reapply they should fill out there applications as soon as possible and submit to the City
Clerk.
Chair Hughes made an announcement that if anyone in the public or that was watching
would like to become a Planning Commission to please apply to the City Clerk.
2. CONSENT CALENDAR
All items on the Consent Calendar are to be acted upon by a single action of the Planning Commission
unless otherwise requested by an individual Planning Commissioner for special consideration.
Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.
Item No. 2.A: Posting of the August 18, 2015, Planning Commission Meeting.
ACTION: By motion moved/second (Stewart / Villapudua / passed 4-0) was approved as submitted;
motion carried by unanimous roll call vote.
Ayes: Planning Commissioners: Hughes, McKinney, Stewart and Villapudua
Nays:
None
Minutes from August 18, 2015
Page 1 of 5
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Absent: None
Abstained: None
Item No. 2.B: The Agenda for the August 18, 2015, Planning Commission Meeting.
Nays:
None
Absent: None
Abstained: None
Item No. 2.C: The Minutes of the July 21, 2015 Planning Commission Meeting.
Ayes: Commissioners: Hughes, McKinney, Stewart and Villapudua
Nays:
None
Absent: None
Abstained: None
3.
PUBLIC HEARING ITEMS
Item 3.1: Horisons Unlimited Health Care - Architecture & Site Plan Review 01-2015. Project
Description: Request for an Architectural and Site Plan Review proposing a tenant improvement for a
medical clinic use with upgrades to the façade and the creation of an outdoor staff break area on the
existing adjacent pavement. Property is located at 3234 Santa Fe Street, APN: 132-011-017 within a C-2
General Commercial Zoning District.

Donna M. Kenney presented the staff report and PowerPoint on item 3.1.

Donna explained the Downtown Specific Plans parking requirements and that there is a parking
in lieu fee to be adopted by City Council. So when the City Council adopts the parking in lieu
requirements at that time the applicant will be responsible to abide by the adopted requirements.

Chair Hughes asked Donna questions pertaining to the parking in lieu program.

Public Hearing was opened at 6:05 pm.

Public Comments: William Wareham contractor for Horisons Unlimited Health Care spoke in
favor of project, and stated that the employees would be utilizing the parking lot on Third Street
and Stanislaus St.

Public Comments: Brian Blue with Horisons Unlimited Health Care also spoke in favor of the
project and explained a little about the type of medical facility they are to Planning Commission.

Public Hearing was closed at 6:23 p.m.

Planning Commission discussed item.
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ACTION: By motion moved/second (Stewart / McKinney / passed 4-0) was approved
as submitted; motion carried by unanimous roll call vote.
Nays: None
Absent: None
Abstained: None
Item 3.2: Monterosso - Vesting Tentative Map Application 02-2015. Project Description: Request
for the development of 10 single family parcels on 2.21 acres, consisting of 9 vacant parcels and 1 parcel
with an existing single family residence. Property is located at the Northwest corner of California and
Claus, APN 132-046-078 and -079 within an R-1 Single Family Residential Zoning District.

Donna M. Kenney presented the staff report and PowerPoint on item 3.2.

Planning Commission asked Donna some questions on item 3.2.

Donna replied to the Planning Commission questions.

Public Hearing was opened at 6:35 p.m.

Public Comments: Pete Perkins that resides near the project location was concerned that when
they provided sewer to that location that the city would require him to hook up.

Public Comments: Rick Donofrio with Hawkins Engineering contracted by the project applicant,
spoke in favor of the project and discussed the sewer line extension.

Donna responded to the sewer line question to staff.

Chair Hughes asked about the sewer line to legal and what she has typically seen.

Public Comments: Rick Donofrio also spoke to the Planning Commission on the 4 lots that will
have the “T” shaped driveways and also spoke about being to not put sidewalks along the
Westside of Mathew Lane that would be extend through to California Avenue.

Public Comments: Pete Perkins also spoke on his concerns of Mathew Lane going through to
California Avenue.

Robin Baral city attorney briefly scanned the city ordinance and did not see that it stated that if
sewer was brought in that they would be required to hook up, unless it was a Health matter then
at that time could be required.

Commissioner McKinney asked about street lighting for the purposed project.

Public Comments: Rick Donofrio responded to McKinney’s question on lighting and stated that
they would meet the City of Riverbanks standards for the lighting.

Public Comments: Beth Perkins was concerned that the lighting would be to bright and also
concerned about the sewer connection.

Public Comments: Rick Donofrio spoke in favor of the project again.
Page 3 of 5
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
Planning Commission discussed a possible $10,000 limit that could require the connection to city
sewer.

Robin Baral city attorney stated what he could found in the city ordinance pertaining to the
$10,000 limit was that it would require curb gutter and sidewalk.

Public Comments: Pete Perkins was concerned about the $10,000 limit.

Public Hearing was closed at 6:55 p.m.

Planning Commission discussed item.

Commissioner Stewart was concerned about the sewer connection and would like to have more
information.

Public Hearing was reopened at 7:00 p.m.

Public Comments: Rick Donofrio spoke on the project and in response to the Planning
Commissioners concerns about the sewer.

Planning Commission discussed item and wanted staff to make note that when this item is
brought before the City Council, staff shares the Planning Commissioners’ concerns about the
existing residents and what their requirements are concerning the trigger for hooking up to city
sewer.
ACTION: By motion moved/second (Stewart / McKinney / passed 4-0) was approved
as submitted; motion carried by unanimous roll call vote.
Nays: None
Absent: None
Abstained: None
4.
COMMISSION ITEMS (Information Only – No Action)
Item 4.1: Resignation of Vice Chair Degele.
5.
COUNTY REFERRAL/CORRESPONDENCE/INFORMATION (Information Only – No Action)
None
6.
UP-COMING MEETING AGENDA ITEMS (Information Only – No Action)
Item 6.2: Ward Villas – Infill project that would require a General Plan Amendment, Rezone and Planned
Development.
Item 6.3: Diamond Bar West – Architecture and Site Plan Review.
Item 6.4: Stanislaus Cheese – Architecture and Site Plan Review.
Item 6.1: Kuffel Parcel Map.
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7.
NEW BUSINESS (Information Only – No Action)
None
8.
ADJOURNMENT – There being no further business, Chair Hughes adjourned the meeting
at 7:08 p.m.
ATTEST:
APPROVED:
______________________________
Donna M. Kenney
Recording Secretary
________________________________
Patricia Hughes, Chair
Planning Commissioner
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City of Riverbank Development Services Department
Planning Division ≈ Building Division ≈ Neighborhood Improvement Division
6707 Third Street, Riverbank, CA 95367 Office (209) 863-7128 FAX (209) 869-7126
PUBLISH DATE: September 2, 2015
LEGAL
DEPT: PLANNING
CITY OF RIVERBANK
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City of Riverbank Planning Commission will conduct a public hearing to
consider the request for a Modification of a Conditional Use Permit, described below at 6:00 p.m. on
Tuesday September 15, 2015, in Council Chambers 6707 Third Street, Riverbank, California.
Project Descriptions:
I.
Nana Farkye / Stanislaus Cheese proposal for Architectural and Site Plan Review
Application No. 02-2015. Project Description: The applicant is requesting the Architectural and
Site Plan Review of additions and tenant improvements to an existing milk and cheese processing
facility, including a small retail area. City services currently serving the site will remain unchanged
including water and sewer. City staff has determined that the proposed additions and tenant
improvements are exempt from CEQA pursuant to Section 15301 (Class 32) of the State CEQA
Guidelines related to Existing Facilities. Property is located at 3112 Santa Fe Street, APN 132-011060 and is zoned M-1 Light Industrial. The General Plan designation for the site is MU (Mixed
Use). The property is within the Downtown Specific Plan which designates this property as
Downtown General.
II.
Solar Permit Procedures, ZOTA __-2015 – State mandate requires the City to adopt an
ordinance for expedited permitting procedures for small residential rooftop solar systems.
The City of Riverbank will hold a Public Hearing as follows:
September 15, 2015 at 6:00 pm
City Hall Council Chambers - 6707 Third Street - Riverbank, California
ALL INTERESTED PARTIES are invited to attend the public hearing on September 15, 2015 at the time
and place specified above to express opinions or submit evidence for or against the subject matter being
considered. Written comments via e-mail to [email protected] by postal service, or hand delivered to
6707 Third Street, Suite A, Riverbank, California, 95367, will be accepted by the Development Services
Department up to 5:00 p.m. on said date. All written comments received by said time will be distributed to
the Planning Commission for consideration. Oral comments will be received by the Planning Commission
prior to the close of the Public Hearing on the subject matter being considered. The Planning Commission
will receive all testimony prior to taking action. Testimony cannot be given over the telephone. If you
challenge the City’s action on these matters in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice or in written correspondence delivered to
the City at, or prior to, the public hearing.
Meeting facilities are accessible to persons with disabilities. Any person requiring special assistance to
participate in the meeting should notify the Administration Dept. at (209) 863-7122 or
[email protected] at least seventy-two (72) hours prior to the meeting. For questions regarding the
public hearing matter contact Donna Kenney, Planning & Building Manager, at (209) 863-7124;
[email protected].
Any public record materials pertaining to the presentation of the subject matter being considered will be
made available for review at the Development Services Counter at 6717 Third Street, Riverbank, and (if
technologically possible) at http://www.riverbank.org/Depts/planning/default.aspx upon distribution to a
majority of the Planning Commission (typically 72 hours prior to the meeting).
10
CITY OF RIVERBANK
PLANNING COMMISSION
STAFF REPORT
ITEM NO:
3.1
September 15, 2015
APPLICATION:
Architecture & Site Plan Review 02-2015 – Stanislaus
Cheese – 3112 Santa Fe Street, APN: 132-011-060.
Request for the Architectural and Site Plan Review of
additions and tenant improvements to an existing milk and
cheese processing facility, including a small retail area. The
proposed Architecture and Site Plan review is subject to
approval by the Planning Commission pursuant to Section
153.095 (G) of the Riverbank Municipal Code (“RMC”).
OWNER:
Rizo Lopez
APPLICANT
REPRESTATIVE:
Nana Farkye / Stanislaus Cheese
GENERAL PLAN:
Mixed Use (MU)
ZONING:
Light Industrial (M-1)
DOWNTOWN SPECIFIC
PLAN:
Downtown General (DG)
ENVIRONMENTAL
DETERMINATION:
The project will not have a significant effect on the
environment and is categorically exempt under CEQA
Guidelines Section 15301, Existing Facilities.
PROJECT PLANNER:
Donna M. Kenney, Planning and Building Manager
RECOMMENDATION:
Find that the project is categorically exempt under Class 32,
State CEQA Guidelines 15332, and approve the Architecture
and Site Plan Review based upon the findings contained in
Resolution No. 2015-021.
ACROMYMS:
CEQA – California Environmental Quality Act
RMC – Riverbank Municipal Code
DSP – Downtown Specific Plan
sf – square foot, square feet
gfa – gross floor area
Staff Report 3.1
Meeting of September 15, 2015
Page 1 of 7
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I.
EXECUTIVE SUMMARY:
The applicant proposes the Architectural and Site Plan Review of additions and tenant
improvements to an existing milk and cheese processing facility, including a small retail
area. City services currently serving the site will remain unchanged including water and
sewer. Staff is recommending approval of the application and conditions of approval.
II.
BACKGROUND & PROJECT INFORMATION:
The subject property – 3112 Santa Fe Street – is located on the south side of the 3100
block of Santa Fe Street, between 1st and 2nd Streets. The site is an existing vacant
building that was previously a milk and cheese processing facility. The site is
surrounded by existing industrial buildings and uses, including a milk and cheese
processing facility, a cookie bakery, a mortuary with parking lot, and a Masonic Lodge.
The facility will manufacture traditional cheeses from sheep’s milk, resembling Cheddar,
Monterey Jack, Gouda, and Mozzarella cheeses. In addition, there will be specialty
cheeses such as Feta, Blue, Manchego, Camembert and Brie and concentrated yogurt
products such as Labne, which is similar to Greek yogurt. Products will be packaged
and sold in bulk to specialty cheese stores in larger metropolitan areas like San
Francisco and San Diego and eventually to natural foods supermarkets like Whole
Foods and Trader Joe’s. Local consumers will be able to purchase consumer-size
packages in the new retail addition.
The hours of daily operation are expected to be 4 am to 9 pm in two shifts. The
anticipated number of employees during operation is expected to be four full-time and
two part-time employees. An Industrial Wastewater Discharge Permit has been
reviewed and approved by Public Works.
III.
ANALYSIS:
A. Site Design
The proposed site plan (Attachment 2, Sheet AS1.1) includes the following additions
and tenant improvements to the existing 4,050 sf building on a lot of 9,375 sf, increasing
the enclosed structure to 4,985 sf.:
1. Warehouse of 600 sf for a new smoker and ageing area;
2. Retail space of 335 sf for local consumer sales;
3. Canopy of 2,250 sf on the east side to protect the milk delivery area;
4. Canopy of 687 sf on south side to cover equipment and two roll up doors leading
to storage areas;
5. Façade improvements and landscape pots with drip irrigation on the north side
of the facility; and
6. Parking, sidewalk and driveway improvements, also on the north side.
Staff Report 3.1
Page 2 of 7
12
B. Building Design
The existing 1970s era building has a prominent shingled overhang that overwhelms the
stucco and faux rock façade (Attachment 3, Photo 1). There are two types of doors in
the facade (double entrance doors and a single security door) as well as a patched wall
where two roll up doors and an equipment door had previously been removed. The
overhang and doors will all be replaced by new additions. Pavement is continuous from
curb to building, lending itself to informal, unmarked parking in the past (Attachment 3,
Photo 2). A portion of it will be removed to accommodate the new additions.
Pursuant to the Downtown Specific Plan (“DSP”), Section 2.3.1.A General Principles,
buildings should appear welcoming and support pedestrians through attractive façade
design. All visible building facades shall maintain a high degree of finish and
articulation. The proposed front elevation (Attachment 2, Sheet A5.1 and Color
Elevation) shows a varied frontage with the new retail area closer to the sidewalk than
the new warehouse area by five and a half feet. Both areas will have a storefront
entrance: the retail area with a door and flanking windows and the warehouse area with
one door with side window. A second window on the warehouse frontage will help break
up the mass of wall as well as provide some natural lighting inside the building. All
windows shall be highly energy efficient and window glass shall be inset a minimum of
two (2) inches. Both additions will have brick wainscot on the base of the front walls and
foam shape cornices are proposed at the roofline. The wainscot shall extend a minimum
of eighteen (18) inches and a maximum of four (4) feet from the ground plane. Cornices
shall project from the building façade a minimum of six (6) inches and a maximum of
thirty (30) inches.
The new retail space will not have its own restroom facility. The retail employee will
need to leave the northeast corner of building and follow the path-of-travel around and
behind the milk unloading area (Attachment 2, Sheet A1.2) to enter the building’s
existing restrooms near the southeast corner of the building.
Awnings will cover the entrances - shade devices should be large enough to reduce
light emission. Decorative lighting fixtures on the wall will replace a single nondescript
fixture hanging from the façade overhang. Landscaping in large pots will also help break
up the wall mass and add accent colors. Building colors proposed (Attachment 4)
include “Regiment” for the wainscot and “Sand Pearl” for the stucco. Trim and awnings
are proposed to be a shade of red to match the brick wainscot.
Existing powder-coated gates currently protect purchased equipment awaiting
installation along the east side of the building where a new canopy will protect the milk
unloading area (Attachment 3, Photos 3 and 4). Section 2.3.2.E (4) Fences, Walls, and
Screening in the DSP prohibits chain link fencing, preferring instead wood, masonry,
stone or other durable and natural materials such as ornate wrought iron grillwork.
Some of the chain link fencing will be removed on the east side of the building to
Staff Report 3.1
Page 3 of 7
13
accommodate the truck unloading area. The rest of the fencing should be replaced with
wood or masonry in the rear and include ornate wrought iron if facing Santa Fe.
C. Landscaping
DSP Section 2.3.2.A (2) Setback Areas, states frontage areas in the Downtown General
shall be comprised of hardscape, gardens, courts, and other landscape designs that are
welcoming and supportive of pedestrian activity. The project’s landscaping requirement
is limited to three large pots (Attachment 2, Sheet A5.1), similar to the City’s large pots
of roses at Third Street and Santa Fe Street. These will be placed on existing pavement
in front of the new retail and warehouse areas to break up wall mass and soften the
façade. Staff will review and approve the design of the pots, method of irrigation, and
plant palette before installation.
D. Transportation and Parking
According to DSP Section 2.3.3, parking requirements for use changes apply only to the
incremental increase in parking demand that accompanies a higher intensity use. The
previous use was a milk and cheese processing facility of 4,050 sf. The parking
requirement for this use was one (1) parking space for each three hundred (300) feet of
gross floor area (“gfa”) for a total of thirteen and a half (13.5) spaces rounded up to
fourteen (14) parking spaces.
The proposed new use of Mixed Use has an additional 600 sf of milk and cheese
processing facility with a new retail area of 335 sf. Pursuant to RMC 153.184 (O)
Combined Uses, the number of required parking spaces shall be determined by
combining individual requirements for each use. The parking requirement for the
existing processing facility is fourteen (14) spaces, the additional 600 sf of new
processing facility adds two (2) more spaces, and the new retail use (also at 1:300 gfa)
adds one (1) more space (rounded down from 1.1) for a total deficit of three (3) parking
spaces for the site.
Stanislaus Cheese cannot provide for the deficit parking on site. Section 2.3.3 of the
DSP states “All or part of non-residential parking requirements may be satisfied through
payment of a one time in-lieu fee per each space of required parking.” At this time, the
City Council has not yet adopted an in-lieu fee and there is already one downtown
project with a requirement to pay for four (4) parking spaces when that fee is adopted.
Likewise, this project will be required to pay a one-time parking in-lieu fee for the three
(3) additional parking spaces. The required in-lieu fees will be collected in a dedicated
account to be used towards future downtown parking.
One (1) off-street truck unloading space is required for each 7,500 sf. of gfa. One (1)
truck unloading space is provided on-site on the east side of the building, under a new
canopy to protect the off-loading of milk. In addition, the applicant has been working
closely with staff to create one parking space for persons with disabilities and fix some
Staff Report 3.1
Page 4 of 7
14
issues associated with the existing curb, gutter, street parking, sidewalk and driveway
on Santa Fe in front of the facility.
E. Signage
Signage will be processed under separate permit. Two (2) feet of total sign area for
each lineal foot of building frontage is permitted, distributed among permitted sign types
of wall, awning, projected, window and marquee signs. In this case, the applicant has
100 square feet total to work with (50’ building frontage x 2’ = 100 sf). Some sign types
have maximum area requirements.
IV.
CONCLUSION:
The project proposes permitted uses within a vacant building in the downtown, including
a retail use serving the local citizens. The tenant improvement work and façade
upgrades will contribute considerably to the enhancement of the built environment
downtown, and hopefully attract other businesses which will serve the same clients.
V.
FINDINGS:
A. General Plan Consistency Findings
Pursuant to the City of Riverbank General Plan, the Planning Commission must make
the following findings relevant to the Architectural and Site Plan Review:
The site has a General Plan designation of Mixed Use (MU). Areas with the Mixed Use
designation in the existing developed City would accommodate a similar mix of land
uses as new areas of the City, including the processing and the retail of dairy products.
The property is zoned Light Industrial (M-1) which allows the manufacture of dairy
products and has a Downtown Specific Plan designation of Downtown General (DG),
which allows retail uses. Therefore, the project is consistent with its General Plan
designation and zoning.
VI.
ENVIRONMENTAL REVIEW:
The proposed project will not have a significant effect on the environment and is
categorically exempt under Class 32, State CEQA Guidelines 15332 – In-Fill
Development Projects, as follows:
Section 15332 exempts projects characterized as in-fill development meeting the
conditions described in this section:
(a) The project is consistent with the application general plan designation and all
applicable general plan policies as well as with applicable zoning designation
and regulations.
Staff Report 3.1
Page 5 of 7
15
The site has a General Plan designation of Mixed Use (MU). Areas with the Mixed
Use designation in the existing developed City would accommodate a similar mix of
land uses as new areas of the City, including the processing and the retail of dairy
products. The property is zoned Light Industrial (M-1) which allows the manufacture
of dairy products and has a Downtown Specific Plan designation of Downtown
General (DG), which allows retail uses. Therefore, the project is consistent with its
General Plan designation and zoning.
(b) The proposed development occurs within the city limits on a project site of no
more than five acres substantially surrounded by urban uses.
The site is 9,375 square feet in size, located in the Downtown area of Riverbank and
is substantially surrounded by existing public and commercial land uses.
(c) The project site has no value as habitat for endangered, rare or threatened
species.
The site is previously disturbed in the 1970s with no native vegetation currently
present on the site.
(d) Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
The project is small additions and a tenant improvement within an existing building
and paved driveway. There will be no significant effects to traffic, noise, air quality or
water quality. Small trucks will enter the site early in the morning from the alley,
unload milk on the east side of the building, then exit the site on Santa Fe Street
shortly thereafter.
(e) The site can be adequately served by all required utilities and public services.
All urban utility and public services are present at or adjacent to the site.
VII.
PUBLIC NOTICE:
The Planning Commission hearing notice was published in the Riverbank News on
September 2, 2015 and posted at City Hall North, South, Post Office, Community
Center and website on September 4, 2015. In addition, the Applicant posted a Notice
of Development Permit Application at 3112 Santa Fe Street on September 3, 2015 and
notices were distributed to residents and business within 300-feet of the Project site in
accordance with City standard practices on September 4, 2015. At the time of writing
this Staff Report (September 9, 2015), the City has not received any written public
comment. Written comments received by the City shall be supplied to the Commission
on the day of the meeting.
Staff Report 3.1
Page 6 of 7
16
ATTACHMENTS:
1.
2.
3.
4.
5.
Resolution No. 2015-021
Site / Floor Plans and Elevations
Photos of existing building site
Colors and Material Samples
Wastewater Discharge Permit 15-002
Respectfully Submitted By:
__________________________
Donna M. Kenney
Donna M. Kenney
Planning and Building Manager
Staff Report 3.1
Page 7 of 7
17
Attachment 1
City of Riverbank
Planning Commission
Resolution No. 2015- 021
ADOPTION OF ARCHITECTURE SITE PLAN REVIEW 02-2015
FOR STANISLAUS CHEESE
3112 SANTA FE STREET (APN 132-011-060)
WHEREAS, An application has been received from Stanislaus Cheese with a
proposal for a tenant improvement for a dairy processing facility use with additions and
upgrades to the façade located at 3112 Santa Fe Street (APN 132-011-060); and
WHEREAS, The Planning Commission held a public hearing on September 15,
2015, to consider Architecture and Site Plan Review 02-2015; and
WHEREAS, The Planning Commission reviewed and considered the appropriate
documents regarding the potential environmental effects of the proposed application,
including any comments received; and
WHEREAS, The Riverbank Planning Commission made the following findings:
1. The proposed project, together with the provisions for its design and
improvements, is consistent with the goals, policies, program and uses of the
General Plan.
2. The proposed Architecture and Site Plan Review along with the Conditions of
Approval is in conformity with both the intent and provisions of the Zoning
Ordinance, Title 153, of the City of Riverbank Code of Ordinances.
WHEREAS, the proposed project is consistent with the following aspects of the
General Plan:
1. Policy
WHEREAS, the request and plans of Hawkins and Associates Engineering and
Stanislaus Cheese, applicant are hereby granted and approved, subject to the following
conditions:
1. Applicant shall comply with the City of Riverbank Standard Conditions as
contained in the Planning Commission Resolution 2013-013 and/or receive
confirmation from the Community Development Director that a specific condition
or conditions does not apply to the subject project; and
PC Resolution No. 2015-021
Page 1 of 2
18
2. The applicant shall build the entire project according to the site plans and
elevations on file with the Community Development Department and are
presented to the Planning Commission as part of this action; and
3. The Community Development Director shall approve the fencing design,
landscaping pots and plant/tree palette before installation; and
4. Signage shall be approved under separate permit.
NOW THEREFORE, BE IT RESOLVED by the City of Riverbank Planning
Commission that Architecture and Site Plan Review 02-2015 is hereby approved,
subject to those conditions established by Resolution No. 2015-021 and as illustrated in
Exhibit “A”: Site / Floor Plans and Elevations.
PASSED AND ADOPTED by the Planning Commission of the City of Riverbank
at a regular meeting held on the 15th of September, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest:
___________________________________
Donna M. Kenney,
Approved:
________________________________
Patricia Hughes, Chairperson
Planning Commission
PC Resolution No. 2015-021
Page 2 of 2
19
Attachment 2
20
21
22
23
24
25
Attachment 3
26
27
28
29
Attachment 4
30
31
Attachment 5
32
33
34
35
36
CITY OF RIVERBANK
PLANNING COMMISSION
STAFF REPORT
ITEM NO:
3.2
APPLICATION:
ORDINANCE XX-2015, AN ORDINANCE FOR EXPEDITED
PERMITTING PROCEDURES FOR SMALL RESIDENTIAL
ROOFTOP SOLAR SYSTEMS.
ENVIRONMENTAL
DETERMINATION:
The proposed project will not have a significant effect on the
environment and is categorically exempt under Article 19
Section 15268 (b)(1) Ministerial Projects – Issuance of
Building Permits.
PROJECT PLANNER:
RECOMMENDATION:
That Planning Commission approves the Resolution
(Attachment 1) recommending to the City Council the
approval of an Ordinance (Exhibit A) for expedited permitting
procedures for small residential rooftop solar systems.
ACROMYMS:
I.
EXECUTIVE SUMMARY:
Section 65850.5(g)(1) of the California Government Code requires that, on or before
September 30, 2015, every city, county, or city and county must adopt an ordinance that
creates an expedited, streamlined permitting process for small residential rooftop solar
energy systems.
II.
BACKGROUND
1. Section 65850.5(a) of the California Government Code provides that it is the
policy of the State to promote and encourage the installation and use of solar
energy systems by limiting obstacles to their use and by minimizing the
permitting costs of such systems. In furtherance of that objective, Section
65850.5(g)(1) of the California Government Code requires that, on or before
September 30, 2015, every city, county, or city and county must adopt an
Staff Report 3.2
Page 1 of 3
37
ordinance that creates an expedited, streamlined permitting process for small
residential rooftop solar energy systems.
2. Section 65850.5(a) of the California Government Code provides that it is the
policy of the State to promote and encourage the installation and use of solar
energy systems by limiting obstacles to their use and by minimizing the
permitting costs of such systems. In furtherance of that objective, Section
65850.5(g)(1) of the California Government Code requires that, on or before
September 30, 2015, every city, county, or city and county must adopt an
ordinance that creates an expedited, streamlined permitting process for small
residential rooftop solar energy systems.
3. The City currently expedites the review of such applications by reviewing and
issuing applications over the counter. The City also currently can accept and
approve such applications electronically. The City, then by current process,
already expedites the review of such applications.
The City, however, needs to adopt the ordinance mandated by Section
65850.5(g)(1). The ordinance (Exhibit A) is intended to satisfy that
requirement. The ordinance codifies the requirements of Section
65850.5(g)(1), such as accepting and approving applications electronically,
directing the City’s Building Official to develop a checklist of all requirements
with which small rooftop solar energy systems shall comply to be eligible for
expedited review, and authorizing the Building Official to administratively
approve such applications. There is no anticipated fiscal impact as the costs
would be recovered through existing building permit fees. As noted, the
Building Division is currently providing expedited review and electronic
submittal of applications for small residential rooftop solar systems.
III.
ENVIRONMENTAL REVIEW:
The proposed project will not have a significant effect on the environment and is
categorically exempt under State CEQA Guidelines 15268 (b)(1) Ministerial Projects –
Issuance of Building Permits. This item concerns the expedited processing of building
permits and is, therefore exempt.
IV.
PUBLIC NOTICE:
The Planning Commission hearing notice was published in the Riverbank News on
September 2, 2015 and posted at City Hall North, South, Post Office, Community
Center and website on September 2, 2015. At the time of writing this Staff Report
(September 8, 2015), the City has not received any written public comment. Written
comments received by the City shall be supplied to the Commission on the day of the
meeting.
Staff Report 3.2
Page 2 of 3
38
V.
RECOMMENDATION:
Find that the project is categorically exempt under State CEQA Guidelines Article 19
Section 15268 (b)(1) Ministerial Projects – Issuance of Building Permits, and
recommend the City Council approve the Ordinance based upon the General Plan
consistency findings contained in the attached Resolution.
VI.
1.
2.
ATTACHMENT:
Draft PC Resolution No. 2015-022
Exhibit A. Draft CC Ordinance No. XX-2015
__________________________
Donna M. Kenney
Donna M. Kenney
Staff Report 3.2
Page 3 of 3
39
Attachment 1
PLANNING COMMISSION
RESOLUTION NO. 2015-022
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RIVERBANK
RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF AN AMENDMENT TO
TITLE XV: LAND USAGE; CHAPTER 150: BUILDING REGULATIONS;
ADDING NEW SECTION 150.16 (C) EXPEDITED PERMITTING PROCEDURES
FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS.
WHEREAS, Subsection (a) of Section 65850.5 of the California Government Code provides
that it is the policy of the State to promote and encourage the installation and use of solar energy
systems by limiting obstacles to their use and by minimizing the permitting costs of such systems;
and
WHEREAS, Subdivision (g)(1) of Section 65850.5 of the California Government Code provides
that, on or before September 30, 2015, every city, county, or city and county shall adopt an
ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.5, that creates an
expedited, streamlined permitting process for small residential rooftop solar energy systems; and
WHEREAS, The Planning Commission held a public hearing on September 15, 2015, to
consider said ordinance and take public comment pursuant to Section 153.232 (A); and
WHEREAS, The Planning Commission reviewed and considered, pursuant to the California
Environmental Quality Act (CEQA), a Categorical Exemption under Article 19 Section 15268 (b)(1)
Ministerial Projects – Issuance of Building Permits.; and
WHEREAS, the proposed ordinance is consistent with the following aspects of the General
Plan:
(a) Policy LAND-4.1: The City will encourage, through incentives, streamlining, flexible standards,
and other means, development of employment-generating uses.
(b) Policy DESIGN-18.1: The City will promote safe and sustainable energy collection and
distribution systems that draw from renewable energy sources.
(c) Policy HOUSING-6.1: Continue to implement state energy-efficient standards.
NOW THEREFORE, BE IT RESOLVED by the City of Riverbank Planning Commission that
Ordinance No. __-2015 is hereby recommended for approval to the City Council as illustrated in
Exhibit A.
PASSED AND ADOPTED by the Planning Commission of the City of Riverbank at a regular
meeting held on the 15th of September, 2015, by the following vote:
Page 1 of 2
40
AYES:
NOES:
ABSENT
ABSTAIN:
Approved:
Attest:
_____________________________________
Patricia Hughes
Chairperson, Planning Commission
_________________________________
Donna M. Kenney, Secretary
Page 2 of 2
41
Attachment 2
EXHIBIT A
ORDINANCE NO. XX - 2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA,
AMENDING TITLE XV: LAND USAGE; CHAPTER 150: BUILDING REGULATIONS, ADDING
NEW SECTION 150.16 (C) EXPEDITED PERMITTING PROCEDURES FOR SMALL
RESIDENTIAL ROOFTOP SOLAR SYSTEMS.
WHEREAS, Subsection (a) of Section 65850.5 of the California Government Code
provides that it is the policy of the State to promote and encourage the installation and use of
solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of
such systems; and
WHEREAS, Subdivision (g)(1) of Section 65850.5 of the California Government Code
provides that, on or before September 30, 2015, every city, county, or city and county shall
adopt an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.5,
that creates an expedited, streamlined permitting process for small residential rooftop solar
energy systems.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIVERBANK DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 150.16 (C) Added. Section 150.16 (C) is added to the Riverbank Municipal
Code to read in full as follows:
(C) Small Residential Rooftop Solar Energy System Review Process.
1.
The following words and phrases as used in this section are defined as follows:
“Electronic submittal” means the utilization of one or more of the following:
a. e-mail,
b. the internet,
c. facsimile.
“Small residential rooftop solar energy system” means all of the following:
a. A solar energy system that is no larger than 10 kilowatts alternating current
nameplate rating or 30 kilowatts thermal.
b. A solar energy system that conforms to all applicable state fire, structural,
electrical, and other building codes as adopted or amended by the City and paragraph
(iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision
may be amended, renumbered, or redesignated from time to time.
c. A solar energy system that is installed on a single or duplex family dwelling.
Page _ of _
CC/LRA – 10/13/2015
CC Ordinance No. 2015-XX
42
EXHIBIT A
d. A solar panel or module array that does not exceed the maximum legal
building height as defined by the authority having jurisdiction.
“Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of
subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be
amended, renumbered, or redesignated from time to time.
2.
Section 65850.5 of the California Government Code provides that, on or before
September 30, 2015, every city, county, or city and county shall adopt an ordinance that
creates an expedited, streamlined permitting process for small residential rooftop solar
energy systems.
3.
Section 65850.5 of the California Government Code provides that in developing
an expedited permitting process, the city, county, or city and county shall adopt a
checklist of all requirements with which small rooftop solar energy systems shall comply
to be eligible for expedited review. The building official is hereby authorized and directed
to develop and adopt such checklist.
4.
The checklist shall be published on the city’s internet website. The applicant may
submit the permit application and associated documentation to the City’s building
division by personal or electronic submittal together with any required permit processing
and inspection fees. In the case of electronic submittal, the electronic signature of the
applicant on all forms, applications and other documentation may be used in lieu of a
wet signature.
5.
Prior to submitting an application, the applicant shall:
a. Verify to the city’s reasonable satisfaction through the use of standard
engineering evaluation techniques that the support structure for the small residential
rooftop solar energy system is stable and adequate to transfer all wind, seismic, and
dead and live loads associated with the system to the building foundation; and
b. At the applicant’s cost, verify to the city’s reasonable satisfaction using
standard electrical inspection techniques that the existing electrical system including
existing line, load, ground and bonding wiring as well as main panel and subpanel sizes
are adequately sized, based on the existing electrical system’s current use, to carry all
new photovoltaic electrical loads.
6.
For a small residential rooftop solar energy system eligible for expedited review,
only one inspection shall be required, which shall be done in a timely manner and may
include a consolidated inspection by the building inspector and fire department
designee. If a small residential rooftop solar energy system fails inspection, a
subsequent inspection is authorized; however the subsequent inspection need not
conform to the requirements of this subsection.
7.
An application that satisfies the information requirements in the checklist, as
determined by the building official, shall be deemed complete. Upon receipt of an
incomplete application, the building official shall issue a written correction notice
detailing all deficiencies in the application and any additional information required to be
eligible for expedited permit issuance.
Page _ of _
CC/LRA – 10/13/2015
43
EXHIBIT A
8.
Upon confirmation by the building official of the application and supporting
documentation being complete and meeting the requirements of the checklist, the
building official shall administratively approve the application and issue all required
permits or authorizations within 1-3 working days in which the permit application is
submitted. Such approval does not authorize an applicant to connect the small
residential rooftop energy system to the local utility provider’s electricity grid. The
applicant is responsible for obtaining such approval or permission from the local utility
provider.
SECTION 2. Severability. If any section, subsection, phrase, or clause of this ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance and each section,
subsection, phrase or clause thereof irrespective of the fact that any one or more sections,
subsections, phrases, or clauses be declared unconstitutional.
SECTION 3. Effective Date. This ordinance shall take effect thirty (30) days after passage
thereof.
SECTION 5. Publication. This ordinance shall be published in accordance with the provisions of
Government Code Section 36933.
Effective: This Ordinance shall become effective thirty (30) days from and after its final
passage and adoption, provided it is published pursuant to GC 36933 in a newspaper of general
circulation at least fifteen (15) days prior to its effective date.
The foregoing ordinance was introduced at a regular meeting of the City Council of the
City of Riverbank held on October 13, 2015. Said ordinance was given a second reading at a
regular meeting of the City Council on October 27, 2015, and by motion of Councilmember
_________________, seconded by Councilmember _____________, said ordinance was
adopted by the following City Council roll call vote of _____:
AYES:
NAYS:
ABSENT:
ABSTAINED:
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CC/LRA – 10/13/2015
44
EXHIBIT A
ATTEST:
APPROVED:
_______________________
Annabelle H. Aguilar, CMC
City Clerk
_____________________
Richard D. O’Brien
Mayor
APPROVED AS TO FORM:
__________________________
Tom P. Hallinan, City Attorney
Page _ of _
CC/LRA – 10/13/2015
45
CITY OF RIVERBANK
PLANNING COMMISSION
STAFF REPORT
ITEM NO:
3.3
APPLICATION:
Modification of Conditional Use Permit No. 01-2013 –
Galaxy Cinemas-Riverbank – Request to modify Conditional
Use Permit 01-2013 / Resolution 2013-006 to Remove
Language in Condition of Approval #9 (Class 41 License –
On-Sale Beer and Wine - Eating Place.)
PROPERTY OWNER:
Galaxy Cinemas-Riverbank
APPLICANT
REPRESENTATIVE:
Rich Holmer
LOCATION:
2525 Patterson Road, APN: 075-0008-029
GENERAL PLAN:
Mixed Use
ZONING:
C-2, General Commercial (PD-42)
ENVIRONMENTAL
DETERMINATION:
The proposed project will not have a significant effect on the
environment and is categorically exempt under Article 19,
Section 15332 (a-e).
PROJECT PLANNER:
RECOMMENDATION:
That the Planning Commission approves the modification to
Conditional Use Permit 01-2013 and removes language in
Condition of Approval #9 pursuant to findings and conditions
contained in Resolution 2013-006 and Resolution 2015-018
(Attachment 1).
ACRONYMS:
ABC – Alcohol and Beverage Control
CUP – Conditional Use Permit
RMC – Riverbank Municipal Code
Staff Report 3.3
September 15, 2015
46
I.
EXECUTIVE SUMMARY:
The applicant, Galaxy Cinemas-Riverbank (“Galaxy”) is seeking a modification to
Conditional Use Permit 01-2013 / Resolution 2013-006 (Attachment 2) to remove
language concerning the alcohol cup size restrictions in Condition of Approval
#9. Sections 153.360-153.374 of the City of Riverbank’s Municipal Code require
a Conditional Use Permit for Retail Sales of Alcohol Beverages, which Galaxy
obtained on September 17, 2013 and on which the Planning Commission placed
Condition of Approval #9 restricting beer size to a 12 oz. cup and wine size to a 6
oz. cup.
II.
ENVIRONMENTAL DETERMINATION:
The project will have minimal to no impact upon the environment and meets all
applicable criteria to qualify as categorically exempt from further review under
CEQA. The project meets the criteria of Article 19 Categorical Exemptions 15332
(a-e) In-Fill Development Projects. The project is consistent with the applicable
general plan designation and all applicable general plan policies as well as with
applicable zoning designation and regulations.
III.
BACKGROUND AND ANALYSIS:
On September 16, 2008, the City’s Planning Commission approved Conditional
Use Permit (CUP) No. 02-2008 allowing Galaxy to conduct the on-site sale of
alcohol (Beer and Wine) at the same location being considered under this
application. The intent of the 2008 application was to sell beer and wine in a
controlled area of the theater as part of its VIP Theatre Program and Special
Events. However, the operator chose not to implement the use approved under
CUP 02-2008, and the CUP expired in 12 months in accordance with Section
153.216(E)(3) of the City’s Municipal Code.
Galaxy reapplied for a CUP which was granted by the Planning Commission on
September 17, 2013 (No. 01-2013 / Resolution 2013-006). Condition of Approval
#9 was placed on the project, restricting beer to a 12 oz. cup size and wine to 6
oz. cup size. At that time, the Police Department had expressed concerns with
the sale of beer in larger cups in an area where persons under 21 years of age
were present, increased underage drinking enforcement might be required, and
alcohol consumption could slow patron responses in an emergency situation.
At the regular Planning Commission meeting of July 21, 2015, Galaxy requested
a CUP amendment to allow larger beer cup sizes of 16 oz., 20 oz., and 32 oz.
They submitted a survey showing nearby businesses selling beer by the glass or
bottle which are not restricted to a 12 oz. cup size. The Police Department
expressed concerns with the sale of beer in larger cups. Discussion by the
applicants and Planning Commissioners focused on clarifying if beer sales are
per transaction or per person. If per transaction, a patron could purchase a beer
Staff Report 3.3
47
and return later the same visit to purchase another beer. If per person, a patron
would be limited to one beer sale for their visit. According to ABC regulations
posted at Galaxy (Attachment 3), a patron has the right to purchase two (2) beers
per transaction.
At the meeting of July 21, 2015, the Planning Commission voted to allow Galaxy
patrons to purchase one 12 oz., 16 oz., or 20 oz. beer per person, meaning a
patron may not return to purchase another beer during their visit to the theatre.
ABC permits 2 drinks per transaction and Galaxy did not believe selling beer “per
person” could be effectively enforced. The vote was rescinded by the Planning
Commission. The item was then continued to a date uncertain to allow the
applicants and staff to discuss their options and clarify the issue of “per
transaction” or “per person”.
The applicants have shown through a survey of local businesses that they are
being treated differently than those with the same ABC license (Attachment 4).
Tonight’s request is to modify CUP No. 01-2013 / Resolution 2013-006 to remove
language concerning the alcohol cup size restrictions in Condition of Approval
#9, specifically removing: “For purposes of this condition, a glass of wine consists
of 6 ounces and a glass of beer consists of 12 ounces.”
Pursuant to RMC 153.216 (C), in order to grant (and therefore modify) any use
permit, the applicant must introduce evidence in support of the application
sufficient to enable the Planning Commission to find that the establishment,
maintenance or operation of the use or building applied for will not, under the
circumstances of the particular case, be detrimental to the health, safety, and
general welfare of persons residing or working in the neighborhood of such
proposed use or be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City. Staff has determined the
applicants have met this burden by introducing evidence that:
1. Neighboring businesses were not restricted by cup size when their alcohol
CUPs were approved. At least one close Modesto business, not known for
selling alcohol, is now doing so and staff expects that trend to continue
into Riverbank. A Modesto Starbucks menu contains many of the same
items and prices as does Galaxy’s menu (Attachment 5). Galaxy just
wants to be treated the same as neighboring businesses and similar
businesses coming into the City. The purpose of a CUP is to monitor a
business to ensure there are no unlawful activities like prostitution, drug
sales, or other crimes and have the ability to rescind the CUP and close
the business if there is. It is ABC’s duty to regulate alcohol sales;
2. Letters have been written supporting this Galaxy and those in other cities
that sell alcohol (Attachment 6);
3. Galaxy intends to not only continue but to improve the training that its
servers receive in regards to alcohol; and
4. It has been exactly 24 months since CUP No. 01-2013 / Resolution 2013006 was approved by the Planning Commission. There have been no
Staff Report 3.3
48
alcohol-related incidents during this time which would have caused the
Planning Commission to call up the project and modify or revoke its CUP.
A “wait and see” stance by the Commission has resulted in a positive
outcome, worthy of removing the restrictive language in condition #9;
V.
PUBLIC NOTICE:
Although this item was continued from the Planning Commission meeting of July
21, 2015, the Planning Commission hearing notice was again published in the
Riverbank News on September 2, 2015 and posted at City Hall North and South
on September 2. In addition, the Applicant posted a Notice of Development
Permit Application at 2525 Patterson Road on August 27, 2015 and notices were
distributed to residents and business within 300-feet of the Project site in
accordance with City standard practices. At the time of writing this Staff Report
(September 9, 2015), the City has not received any written public comment.
Written comments received by the City shall be supplied to the Commission at
the day of the meeting for the public record.
V.
RECOMMENDATION:
Staff has determined the applicant has submitted sufficient evidence for the
Planning Commission to consider removing the size restriction, find that the
project is Categorically Exempt under Article 19 Section 15332 (a-e) of the CEQA
Guidelines, and approve the modification to Conditional Use Permit 01-2013
pursuant to findings and conditions contained in Resolution 2013-006 and
attached Resolution 2015-018.
Attachments:
1.
2.
3.
4.
5.
6.
7.
Resolution 2015-018
Resolution 2013-006
ABC Rules (posted at Galaxy)
Applicant Survey Results
Menus
Letters of Support
Alternate Resolution 2015-018
_______________________
Donna M. Kenney
Donna M. Kenney
Staff Report 3.3
49
Attachment 1
City of Riverbank
Planning Commission
A Resolution of the Planning Commission of the City of Riverbank
Approving a Modification to Conditional Use Permit 01-2013 / Resolution No. 2013-007
to Remove Language in Condition of Approval #9 within the General Commercial (C-2)
Zoning District (PD-42) located at the Galaxy Theatres,
2525 Patterson Road, APN 075-008-029
Whereas, the Development Services Department of the City of Riverbank has
heretofore held a duly noticed public hearing on September 15, 2015, as required by
law, on the requested Use Permit Modification, in accordance with the Riverbank
Municipal Code Section 153.360-153.374; and
Whereas, the retailing of alcoholic beverages is located within the Galaxy
Theatre located at 2525 Patterson Road, APN: 075-008-029; and
Whereas, the property has a General Plan Land Use Element Designation of
Mixed Use; and
Whereas, General Commercial (C-2) designation explicitly allows for
development of retail uses along major roadways on the periphery of existing
neighborhoods; and
Whereas, permitted uses in the (C-2) District shall be subject to all provisions of
the City’s zoning code; and
Whereas, Section 153.361 of the zoning code requires a use permit for the sale
of alcoholic beverages, including modifications to use permits; and
Whereas, the applicant has submitted sufficient evidence pursuant to RMC
153.216 (C) for the Planning Commission to reconsider their restriction on beer cup size
and remove that language in Condition of Approval #9; and
Whereas, compliance with the conditions of this use permit is expected to
mitigate impacts created by the retail sale of alcohol and will further the public
convenience by providing the sale of alcoholic beverages within the existing Galaxy
Theatre located at 2525 Patterson Road; and
Whereas, the project is Categorically Exempt under Article 19 Section 15332 (ae) of the CEQA Guidelines.
Page 1
50
Therefore, Be It Resolved, the Planning Commission of the City of Riverbank
hereby finds based on sufficient evidence supplied by the applicant and evidence
demonstrated in the public record that the establishment, maintenance or operation of
the use or building applied for will not, under the circumstances of the particular case,
be detrimental to the health, safety, and general welfare of persons residing or working
in the neighborhood of such proposed use or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the city. The Planning
Commission hereby approves a modification to a use permit to allow the unrestricted
retail sale of alcohol within the Galaxy Theatre, located at 2525 Patterson Road.
1. This use permit shall be enacted in accordance with the time limit prescribed in
Section 153.216(E)(3) of the City’s Municipal Code.
2. The operator shall operate and abide under all conditions of the State of
California Alcoholic Beverage Control license Type 41, on-site sale of beer and
wine.
3. The applicant shall insure that the sale of beer and wine does not cause any
condition that will result in repeated activities that are harmful to the health,
peace or safety of persons residing or working in the surrounding area. This
includes, but is not limited to: disturbances of the peace, illegal drug activity,
public drunkenness, drinking in public, harassment of passersby, assaults,
batteries, acts of vandalism, loitering, excessive littering, illegal parking,
excessive loud noises (especially in the late night or early morning hours), traffic
violations, lewd conduct, or police detention and arrests.
4. This use permit is subject to a periodic review to monitor potential problems and
for possible corrective action of the Department.
5. The Applicant shall be prohibited from externally advertising or promoting specific
or individual beer and wine, including, but not limited to, window and exterior wall
signage.
6. The retailing of alcoholic beverages shall not sell alcoholic beverages to
underage minors pursuant to state and federal laws. The offering of sale of such
will result in the automatic review and possible suspension of this use permit.
7. The retail sale of alcoholic beverages shall not adversely affect the peace, or
safety within and adjacent to the Galaxy Theater Complex. If it is
determined that retailing of such products are interfering with the normal
operation of the center or quiet enjoyment of neighboring properties, the use
permit may be reviewed for possible suspension of the license. It is expected
that the retail establish will not result in repeated nuisance activities within the
premises or in close proximity of the premises, including but not limited to
disturbance of the peace, illegal drug activity, harassment of passersby, acts of
vandalism, excessive littering, loitering, graffiti, illegal parking, curfew violations,
or police detentions and arrests.
Page 2
51
8. The retail establishment shall be assessed an additional $250 annually during
the routine annual business license renewal process to offset DUI police
enforcement activities.
9. The retail sale of alcoholic beverages shall be by the glass. For purposes of this
condition, a glass of wine consists of 6 ounces, and a glass of beer consists of 12
ounces.
Passed and adopted by the Planning Commission of the City of Riverbank at a
regular meeting held on the 15th day of September 2015, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Attest:
Approved:
_________________________
__________________________
Page 3
52
Attachment 2
53
54
55
Attachment 3
56
Attachment 4
57
Attachment 5
58
59
Attachment 6
60
61
62
63
64
65
Attachment 7
City of Riverbank
Planning Commission
A Resolution of the Planning Commission of the City of Riverbank
Approving a Modification to Conditional Use Permit 01-2013 / Resolution No. 2013-007
to add 16 oz., and 24 oz. Cup Sizes to the 12 oz. Cup Size in Condition of Approval #9
within the General Commercial (C-2) Zoning District (PD-42) located at the
Galaxy Theatres, 2525 Patterson Road, APN 075-008-029
Whereas, the Development Services Department of the City of Riverbank has
heretofore held a duly noticed public hearing on September 15, 2015, as required by
law, on the requested Use Permit Modification, in accordance with the Riverbank
Municipal Code Section 153.360-153.374; and
Whereas, the retailing of alcoholic beverages is located within the Galaxy
Theatre located at 2525 Patterson Road, APN: 075-008-029; and
Whereas, the property has a General Plan Land Use Element Designation of
Mixed Use; and
Whereas, General Commercial (C-2) designation explicitly allows for
development of retail uses along major roadways on the periphery of existing
neighborhoods; and
Whereas, permitted uses in the (C-2) District shall be subject to all provisions of
the City’s zoning code; and
Whereas, Section 153.361 of the zoning code requires a use permit for the sale
of alcoholic beverages, including modifications to use permits; and
Whereas, the applicant has submitted sufficient evidence pursuant to RMC
153.216 (C) for the Planning Commission to reconsider their restriction on beer cup size
and add 16 oz. and 24 oz. cup sizes to the 12 oz. cup size in Condition of Approval #9;
and
Whereas, compliance with the conditions of this use permit is expected to
mitigate impacts created by the retail sale of alcohol and will further the public
convenience by providing the sale of alcoholic beverages within the existing Galaxy
Theatre located at 2525 Patterson Road; and
Whereas, the project is Categorically Exempt under Article 19 Section 15332 (ae) of the CEQA Guidelines.
Page 1
66
Therefore, Be It Resolved, the Planning Commission of the City of Riverbank
hereby finds based on sufficient evidence supplied by the applicant and evidence
demonstrated in the public record that the establishment, maintenance or operation of
the use or building applied for will not, under the circumstances of the particular case,
be detrimental to the health, safety, and general welfare of persons residing or working
in the neighborhood of such proposed use or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the city. The Planning
Commission hereby approves a modification to a use permit to allow 16 oz. and 24 oz.
beer cup sizes in addition to the 12 oz. cup size in Condition of Approval #9 within the
Galaxy Theatre, located at 2525 Patterson Road.
1. This use permit shall be enacted in accordance with the time limit prescribed in
Section 153.216(E)(3) of the City’s Municipal Code.
2. The operator shall operate and abide under all conditions of the State of
California Alcoholic Beverage Control license Type 41, on-site sale of beer and
wine.
3. The applicant shall insure that the sale of beer and wine does not cause any
condition that will result in repeated activities that are harmful to the health,
peace or safety of persons residing or working in the surrounding area. This
includes, but is not limited to: disturbances of the peace, illegal drug activity,
public drunkenness, drinking in public, harassment of passersby, assaults,
batteries, acts of vandalism, loitering, excessive littering, illegal parking,
excessive loud noises (especially in the late night or early morning hours), traffic
violations, lewd conduct, or police detention and arrests.
4. This use permit is subject to a periodic review to monitor potential problems and
for possible corrective action of the Department.
5. The Applicant shall be prohibited from externally advertising or promoting specific
or individual beer and wine, including, but not limited to, window and exterior wall
signage.
6. The retailing of alcoholic beverages shall not sell alcoholic beverages to
underage minors pursuant to state and federal laws. The offering of sale of such
will result in the automatic review and possible suspension of this use permit.
7. The retail sale of alcoholic beverages shall not adversely affect the peace, or
safety within and adjacent to the Galaxy Theater Complex. If it is
determined that retailing of such products are interfering with the normal
operation of the center or quiet enjoyment of neighboring properties, the use
permit may be reviewed for possible suspension of the license. It is expected
that the retail establish will not result in repeated nuisance activities within the
premises or in close proximity of the premises, including but not limited to
disturbance of the peace, illegal drug activity, harassment of passersby, acts of
vandalism, excessive littering, loitering, graffiti, illegal parking, curfew violations,
or police detentions and arrests.
Page 2
67
8. The retail establishment shall be assessed an additional $250 annually during
the routine annual business license renewal process to offset DUI police
enforcement activities.
9. The retail sale of alcoholic beverages shall be by the glass. For purposes of this
condition, a glass of wine consists of 6 ounces, and a glass of beer consists of 12
ounces, 16 ounces, and 24 ounces.
Passed and adopted by the Planning Commission of the City of Riverbank at a
regular meeting held on the 15th day of September 2015, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Attest:
Approved:
_________________________
__________________________
Page 3
68

Agenda Tuesday, September 15, 2015 – 6:00 P.M.

Transcription

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