Resolution Conditionally Approving Site Plan/Design Review 2013-1 for the Proposed Motel 6 Project, a 75-Room, 3-Story Motel on a 1.04-Acre Parcel Located at 309 Joseph Gallo Drive.

LIVINGSTON CA / May 18, 2013 —

Meeting Date May 21, 2013

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AGENDA ITEM: Resolution Conditionally Approving Site Plan/Design Review 2013-01 for the Proposed Motel 6 Project, a 75-room, 3-story Motel on a 1.04 – acre Parcel Located at 309 Joseph Gallo Drive.

MEETING DATE: May 17, 2013

PREPARED BY: Miguel A. Galvez, Contract Associate Planner

REVIEWED BY: Jose Antonio Ramirez, City Manager


Adopt a Resolution Conditionally Approving Site Plan/Design Review 2013-01 for the Proposed Motel 6 Project, a 75-room, 3-story Motel on a 1.04 -acre Parcel Located at 309 Joseph Gallo Drive.


The proposed project is a 10,283 square foot, 75-unit motel in the Highway Commercial (C-3) zoning district with a 66-space parking lot and 16,278 square feet of landscape area on an approximately 45,544 square foot parcel (1.04 acres). The property is currently a vacant lot located on the north side of Joseph Gallo Drive, west of Winton Parkway. The property to the east is developed with "Taco Bell" and "McDonalds/Chevron" service station. The property to the south is developed with Travel Centers of America. The property to the west is undeveloped.

The site’s General Plan designation of Highway Commercial is appropriate. A hotel and motel is a permitted use in the Highway Commercial (C-3) zoning district according to Livingston Municipal Code (LMC) Section 5-3-15 Land Use Regulations – Table 3 — Land Use – Commercial Zoning.

The Planning Commission recommended approval of the Project by a vote of 3-0 at their regular meeting of May 14, 2013. They approved the project in terms of its land use and acknowledged that there a number of design issues that need to be addressed and resolved, with a final design to be brought back to the Planning Commission and City Council for review and approval.


The proposed motel building is oriented on an east-west alignment parallel to the street with the entrance to the building at the southwest corner of the building. The motel building will include an entrance vestibule, a lobby, an area for vending, an office, a laundry room, elevator, mechanical rooms, maintenance office, housekeeping room, break room, guest laundry room, an apartment manager suite and 75 guest rooms.

The site plan proposes one entrance for ingress and egress traffic. The proposal indicates a sixty-six space parking lot. A trash enclosure is proposed in the southeast part of the parking lot. Landscaping will consists of turf, bushes and trees and will be installed in the required front, side and rear yard setbacks. Parking lot lighting is also proposed. A pedestrian path to the street is proposed to the west to proposed Del Rio Avenue and to the east to the Taco Bell site. A six-foot-high ornamental iron fence is proposed along the eastern and northern property lines.


A. Off-street Parking Requirements. LMC Section 5-4-5.C.38 Parking Standards requires "At least one (1) off-street parking space for each sleeping or dwelling unit of a motel." The motel proposes 75 rooms and an apartment manager dwelling, requiring 76 parking spaces. The proposal is providing a total of 66 on-site parking spaces (18 compact spaces, two (2) handicapped spaces and 46 regular spaces).

LMC 5-4-5.E contains provisions for in-lieu payment for off-street parking. The applicant is interested in pursuing this option to satisfy off-street parking requirements. Off-street parking approvals are considered by the City Council.

City of Livingston Ordinance No. 292, adopted January 9, 1986 established the payment amount to the City of Livingston of the sums for furnishing the parking spaces required by the Zoning Ordinance as follows:

$1,000.00 per parking space where 1-5 parking spaces are required;

$2,000.00 per parking space where 6 to 10 parking spaces are required;

$3,000.00 per parking space where 11 or more parking spaces are required.

LMC 5-4-5:E.3.c states:

"At the beginning of each fiscal year, all fees outlined in Section 5-4-6(E)2 shall be subject to an annual increase equal to the Consumer Price Index (CPI) for the proceeding calendar year. (Ord 292, 1-9-86). "

Applying the annual CPI set by the U.S. Bureau of Labor Statistics to these amounts from 1986 through 2012 will result in the minimum off street in-lieu payment amounts of:

$2,094.84 per parking space where 1-5 parking spaces are required;

$4,189.67 per parking space where 6 to 10 parking spaces are required;

$6,284.51 per parking space where 11 or more parking spaces are required.

B. Off-site Street Improvements. The project proposes to construct a new street (Del Rio Avenue) located west of the project site. However, the proposed street alignment and improvements for Del Rio Avenue are located on a different property not under the applicant’s control. Street dedication and improvements are typically provided as part of project approval. However, since the proposed Del Rio Avenue right-of-way and street improvements are on an adjacent property, a condition of approval will require that prior to the issuance of a building permit, the applicant enter into a private agreement with the adjacent property owner for the dedication and construction of Del Rio Avenue in accordance with the City of Livingston’s Standard Specification as approved by the City Engineer and Public Works Director.

C. Utility Plans. The project will need to submit preliminary utility plan showing existing utilities and proposed connections. A preliminary design and layout for storm drainage is needed for the project. The area is served by a private storm water retention basin, located at the northeast corner of Robin Avenue and "B" Street. Prior to the issuance of a building permit, the applicant will have to provide an agreement between the applicant and the storm water drainage basin owner to divert storm water run-off into the basin. Prior to the issuance of a building permit, the proposed design and improvements will be required to be submitted, reviewed and approved by the City of Livingston City Engineer and Public Works Director.

D. Merced Irrigation District. Information was provided to the City concerning the drainage district (MIDDID No. 1) in which the project is located. MID respectfully requests the City require the applicant to enter into a Deferred Fee Subdivision Drainage Agreement, which is a standard request to recover costs fronted by the irrigation district to their costs in addressing the quality of water discharged into MID canals.

E. Merced County Fire Department. The fire department request that the application "Clarify Fire Department Access, this building is more than 30 feet in height and may require additional access for fire engines and aerial access as per CFC 503. See Section appendix D of the California Fire Code for some basic specifications regarding fire department aerial access. There is not sufficient room for fire department access with the front parking lot if cars are parked."

"Provide construction documents for proposed fire department access, location of fire lanes and construction documents and hydraulic calculations for fire hydrant systems for fire department review and approval prior to construction CFC 501.3."

"Fire flow requirements shall meet the minimum fire flow requirements as noted in California Fire Code 507.5 and Appendix B for fire protection water. Hydrant spacing and number of fire hydrants shall be as per California Fire Code 507.5 and Appendix C."

F. Architectural Design and Style. The proposed motel project has a rectilinear, post modern design (use of many 90 degree angles) and has an art deco color scheme (pastel colors). Building material samples have not yet been provided. Neighboring developments have incorporated a Spanish architecture style, using red tile roofs, earth tone colors, projecting "cooling towers" capped with roof tiles. The buildings have also included a variation in wall depths along with a variation of finish materials. The City’s Design Guidelines are recommendations for choosing the architecture style and materials for any project. There may be a requirement for the project design to be approved by the Gallo Design Review Committee, per a private agreement.


The Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA Guidelines Section 15332 In-Fill Development Projects). Class 32 consists of projects characterized as in-fill development meeting the conditions described below:

a. 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 because it is located in the Highway Commercial zoning district (C-3) which permits motels by right.

b. The proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses. The project is located on a 45,544 square foot parcel within the C-3 zoning district within City limits. The parcel is one of only two remaining in a 14-year-old commercial project and is adjacent to existing retail uses, a truck stop.

c. The project site has no value as habitat for endangered, rare, or threatened species. The site is disked a couple of times each year for weed abatement.

d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality that was not previously contemplated. The site is expected to draw customers from the existing truck stop and the traveling public using State Highway 99.

e. The site can be adequately served by all required utilities and public services. The project site is located with the C-3 zoning district where utilities currently exist and less than one (1) mile from both the Fire Department and Police Station.

A Notice of Exemption will be filed with the Merced County Clerk within 5 days of Project approval by the City Council.


The proposed project is consistent with the 1999 General Plan in the following references:

Objective 3.3.A: Ensure the provision of adequate commercial shopping opportunities and office space locations to meet anticipated needs.

Objective 3.3.A.l.d Policies, Standards: "The Highway Commercial subcategory allows Service Commercial uses which, due to space requirements, the proximity to the highway, or the distinctive nature of their operation, are not compatible with or not usually located in other commercial designations." Motels serve the passing public close major roadways. The proposed motel is located close to State Highway 99 and is intended to serve the public using this major transportation route.


Permit fees and tax dollars.


1. Location and Zoning Map

2. Site Plan and Elevations

3. Planning Commission Resolution 2013- 09 without Exhibit A, Conditions of Approval

4. City Council Site Plan/Design Review Resolution 2013- with Exhibit A, Conditions of Approval




















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