DECEMBER 13, 2011


Luis Enrique Flores, Chair

Mario Mendoza, Vice Chair

Harpreel Bains, Commissioner

Roy Soria, Commissioner

Francisco Castellanos, Commissioner

Manoj Bains, Alternate Commissioner

DECEMBER 13, 2011 6:00 P.M.


Members of the public are advised that all pagers, cellular telephones and any other communication devices be put on vibrate mode or turned off during the Planning Commission meeting.

Call to Order: 6:00 PM

Roll Call – Chairperson/Commissioners
Pledge of Allegiance

Item No. 1 – Consent Agenda

All matters listed under the Consent Agenda are considered routine by the Planning Commission and will be adopted by one action of the Commission unless any member of the Commission wishes to remove an item for separate consideration.

a. Action Minutes from the September 13, 2011 regular meeting.

b. Action Minutes from the November 8, 2011 regular meeting.

Item No. 2 – City Council Update

a. Update of City Council items.

Item No. 3 – Public Comment

a. Members of the Audience – At this time, any person may comment on any item that is NOT on the Agenda. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. While the Planning Commission encourages participation from the audience, no more than five (5) minutes are allowed per discussion item. Topics not considered urgency matters may be referred to City Staff and/or placed on the next agenda for consideration and/or action by the Planning Commission.

Item No. 4 – Site Visit (meeting will move to 444 Main Street for approximately 30-40 minutes)

a. Site visit to 444 Main Street with Mike Sperry.

Item No. 5 – Public Hearings

a. Review of CUP 2001-16,.444 Main Street. The bar at 444 Main Street has been closed for approximately seven years. The bar retains Conditional Use Permit 2001-16 for the sale of alcohol-by-the-glass in the 5,488 square foot building. Michael Sperry desires to open a bar at this site pursuant to his presentation to the Planning Commission on November 8, 2011. Pursuant to LMC Sections 5-6-1(D)(3) and 5-6-1(D)(5) the Planning Commission will consider whether to modify, revoke, or reapprove the CUP.

b. Site Plan / Design Review 2011-01. OCAT, INC of Modesto proposes the Site Plan/ Design Review of a 3,135 square foot Taco Bell drive-thru restaurant to be located on Joseph Gallo Drive west of Winton Parkway and north of the truck stop.

c. General Plan Amendment 2011-01 Annexation 2011-01, Prezone 2011-01 and Negative Declaration. Michael Gallo proposes a general plan amendment and to annex and prezone approximately 334.7 acres into the City of Livingston located north of Vinewood Avenue, west of Robin Avenue, south of HWY 99 and east of the Domestic Wastewater Treatment Plant.

d. Amendment 2011-08 Livingston Municipal Code (LMC) 5-3, Setbacks. The City Council has asked the Planning Commission through Resolution of Intent 2011-71 approved on November 15, 2011 to take public comment, determine General Plan consistency, and make a recommendation to the City Council concerning an amendment to reduce residential rear yard setbacks from a minimum of fifteen (15) feet to a minimum of five (5) feet.

Item No. 6 – Reports

a. Planning Commission

b. City Staff

c. City Attorney

Item No. 7 – Adjournment to regular meeting on January 10, 2012.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development Department at (209) 394-8041, Ext. 112. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

Members of the public who have questions regarding any agenda item may comment on that item before and during consideration of that item when called upon by the Planning Commission Chairperson.

All actions of the Livingston Planning Commission can be appealed to the Livingston City Council by filing an appeal, in writing and paying the appropriate fees, with the City Clerk.




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