OCTOBER 13, 2009




OCTOBER 13, 2009    

7:00 P.M.

The regular meeting of the Livingston Planning Commission was held in the City Council Chambers on Tuesday, October 13, 2009.  The meeting was called to order by Chair Blevins at 7:00 p.m.Commissioners Present:          Chair David Blevins, Vice-Chair Ramon Avila, Commissioner Roy Soria, Commissioner Kaye Greeley, Alternate Commissioner Manoj Bains.

Commissioners Absent:          Commissioner Leticia Soto (Excused)

Staff Present:                          Administrative Assistant Filomena Arredondo, Community Development Director Donna Kenney, and Assistant City Attorney Jeffrey Massey.

Others Present:                                    Council Liaison Martha Nateras, Katherine Schell-Rodriguez, Luis Flores, Warren Urnberg, Pedro and Monica Caballero.        

The pledge of allegiance to the flag was recited.                        
Motion by Commissioner Soria, seconded by Commissioner Greeley, to approve the minutes from the regular meeting of August 11, 2009. Motion carried 5-0.

Monica Caballero, Carniceria La Hacienda, 344 Main Street, Livingston, stated that she and her husband, Pedro Caballero, had just filed an Administrative Appeal with Community Development Director Donna Kenney to contest the City’s interpretation of the Sign Ordinance in regards to a mural that they put up at their business location. They are going before the Planning Commission next month. They attended this meeting to know the process and become familiar with the faces.

Dr. Parmjit Singh proposes the Site Plan/Design Review of a Mixed Use Project in the Downtown Commercial zoning district (DTC) with a dental office and general office on the first floor and a two bedroom apartment on the second floor.  The total building is just under 3,000 square feet.  Residential units in the DTC district require a Conditional Use Permit.

The applicant was not present at the meeting.

Chair Blevins called a five-minute recess at 7:04 p.m. to allow staff to contact the applicant or his representative. Staff contacted the applicant’s architect by telephone and he informed her that Mr. Singh did not ask him to attend the meeting.

The meeting reconvened at 7:09 p.m.  The applicant did not show up.

Commissioners’ Comments:


  • He feels that it is very important that the applicant be present to answer questions and also to give his input.


  • He thinks that if the applicant is committed to the project, he should be present at the meeting to answer questions. Even though everything is pretty well spelled out in the conditions of approval, he would have liked to ask Mr. Singh some questions about the parking. It seems that he will need an additional 15 parking spaces, so he would need to pay parking-in-lieu fees. He added that if Mr. Singh agrees to the conditions of approval and is willing to participate in all the Assessment Districts, he has no problem with this project.

Staff clarified that the matter before the Planning Commission for this project was composed of two parts: 1) The Conditional Use Permit which is for the apartment on the second floor in the commercial zoning district. The Planning Commission would have to approve or deny the Conditional Use Permit; and 2) The Site and Design Review of the building itself with the Conditions of Approval. The Planning Commission would have to either recommend or not recommend approval to the City Council because they are the approving body on a Site and Design Review.


  • She thinks Staff has done a wonderful job with her report and all information presented on this project. She doesn’t really see the reason why the applicant needs to be present unless the Planning Commission has some objections. She has no particular questions for the applicant. She thinks that if the applicant was noticed for this meeting, maybe he is satisfied with what he has read and he sees no reason to be present.

Staff replied that is a possibility; however, she always tells the applicant that somebody needs to be present at the meeting to answer any questions. The applicant’s architect is in Atwater, so that would have been an easy trip for him had Dr. Singh called him to be at the meeting. On the other hand, Dr. Singh is in Tracy, and there is a possibility that he was planning to attend, but was delayed due to the bad weather.


  • He thinks the applicant should be here because this is an important item. Therefore, he feels that this item should be continued to the next meeting.


  • Concurs that the applicant should be present at the meeting.

Motion by Vice-Chair Avila, seconded by Commissioner Bains, to continue this item to the next regular meeting of November 10, 2009. Motion carried 5-0.


Planning Commission


Nothing to report


  • She had the privilege of being a judge at the Livingston High School homecoming parade. It was great and she had a lot of fun; the school band was wonderful. She really appreciates this community and the interest that people show in their school.


Nothing to report


  • Asked what the process is for getting a street light installed.

Staff responded that it is sort of a lengthy process: A request has to be submitted to the Public Works Department and then the City Engineer would go out to do a site inspection, check out the light coverage, determine cost involved, and contact PG&E. She asked for a site location to report it to Public Works.

Vice Chair Avila stated that he was approached by City residents after a recent stabbing at the apartments located on Olive Avenue and Livingston-Cressey Road. The residents said that it is very dark in that area and they would like a light there for safety reasons.

Staff explained she agrees it is important to light areas that are dangerous; however, it is her understanding that this incident was not a random stabbing – a woman broke up with her boyfriend and when he came back to pick up his furniture, she had some relatives waiting for him.

Staff offered to meet Vice-Chair Avila out on site in the next week or so to find out the exact location where the light is needed.

  • There used to be a light on the field house located at the Little Guys and Gals Field, and he has noticed that it has not been turned on. It is very dark there. He asked staff if there is any reason for that.

Staff replied she was not aware of that and said she would notify Public Works.


Nothing to report

City Staff

Community Development Director Donna Kenney

  • Thanked members of the public that went out to Arakelian Park on Saturday, October 10th for the Rotary/City Disc Golf Course Ribbon Cutting Ceremony. Mayor Varela was there at 9:00 a.m. and cut the ribbon and threw out the first few discs. There were about 30 families out there. The Public Works Department and the Rotary Club gave out free discs. There has been some discussion about planning some mini tournaments and other events in the spring. It was good to see people out there getting fresh air and playing with their kids and having a good time.
  • She has been attending the October Street Fair put on by the Recreation Department every Thursday in October. The first night there were only about seven booths out there, but the second night, they had 24 booths. There is a lot of good food and people are really having a good time. Kathryn Reyes from the City Water Department has been raffling off golf discs with the City symbol on them and she gets a big crowd when she does the drawing. They expect crowds to increase the next three Thursdays. She encouraged everyone to attend.

Administrative Assistant Filomena Arredondo
Nothing to report

Assistant City Attorney Jeffrey Massey
Nothing to report


The regular meeting was adjourned by consensus at 7:21 p.m., to the next Planning Commission meeting on November 10, 2009.

APPROVED:  November 10, 2009

______________________________                        _______________________________

Chair, DAVID BLEVINS                                         Secretary of the Planning Commission,

                                                                                    DONNA M. KENNEY


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