Action Meeting Minutes from the May 14, 2013, Planning Commission Regular Meeting.

LIVINGSTON CA / June 09, 2013 —

Meeting Date: June 11, 2013

Action Meeting Minutes from the May 14, 2013, Planning Commission Regular Meeting.

Note from TheGardeningSnail: The following was created by running a PDF file through a program that converts Image to Text. If any textual gremlins have crept in, sorry about that

MINUTES

LIVINGSTON PLANNING COMMISSION REGULAR MEETING AGENDA

MAY 14, 2013

The regular meeting of the Livingston Planning Commission was held in the City Council Chambers on May 14, 2013. The meeting was called to order by Acting Chair Alicia Estrada at 7:01 p.m.

ROLL CALL

Commissioners Present: Acting Chair Alicia Estrada, Commissioner Francisco Castellanos, and Commissioner Warren Urnberg.

Commissioners Absent: Chair Luis Enrique Flores (Excused), Commissioner Mario Mendoza (Unexcused) and Alternate Commissioner Michael Silva (Excused).

Staff Present: Contract Associate Planner Miguel Galvez, Administrative Analyst

Filomena Arredondo , Contract Building Official Joe Davi, and City Intern Francisco Mendoza.

Others Present : Mike Torres, Katherine-Schell Rodriguez, Fabian Maldonado , Zeke Nelson, Carlos Vieira, Dennis Moniz, Mayor Pro-Tempore Gurpal Samra, Cesar Rodriguez, and others in the audience.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

CONSENT AGENDA

ACTION MEETING MINUTES FROM THE MARCH 12, 2013, PLANNING COMMISSION REGULAR MEETING

Motion by Connnissioner Umberg and seconded by Connnissioner Castellanos to approve the minutes from the March 12, 2013, Regular Meeting. Motion carried 3-0.

ELECTION OF OFFICERS

ELECTION OF CHAIR AND VICE-CHAIR FOR 2013

Motion by Connnissioner Umberg and seconded by Commissioner Castellanos, to postpone the election of new Chair and Vice-Chair until all Connnissioners are present. Motion carried 2-1 by the following roll call vote:

AYES: Connnissioners Castellanos and Umberg Acting Chair Estrada

NOES:

ABSENT:Chair Flores, Connnissioner Mendoza, and Alternate Connnissioner Silva

PUBLIC COMMENT

Acting Chair Estrada opened public comment period at 7:08 p.m.

Katherine Schell-Rodriguez, P.O. Box 163, asked the Commission if they were aware of all the arsenic, manganese, DBCP and TCP1, 2,3 water related issues the City currently faces.

• The State wants monthly reports about how much water Foster Farms uses.

• Livingston has two wells shut down for arsenic related issues.

• The well by Starbucks has manganese and arsenic issues.

• The City has a well on quarterly monitoring for DBCP.

• The State Department of Health inspection report states Livingston may not have enough certified staff to adequately run the water system.

• There are multiple wells on quarterly monitoring for arsenic.

• There are multiple wells with TCP – 1,2,3 over 100 times the notification limit set by the State. The federal limit is expected to be in somewhere around 2015 with a maximum contaminant level very close to the current notification level.

• The City’s only water storage tank also has issues that need to be addressed. This could run somewhere between $60,000 and Y.Million dollars, according to the Public Works Director.

She added that the Department of Health wants the City to:

• Start watering conservation measures immediately and until further notice.

• Give the State a list of repairs and upgrades that are planned over the next five years.

• Tell the State how the City plans to pay for these repairs and upgrades.

• Report to the State how the City plans to handle the manganese problem in the well by Starbucks.

• Report to the State what the City plans to do about the water storage tank.

Not to mention the large amount of lab testing that needs to be done by the end of this year.

She said it is pretty clear that the City’s water system has several significant issues that must be addressed before it can do any serious planning in the future.

Mike Torres, 1616 8th Street, stressed the importance of having Planning Commissioners attend the meetings. Agenda items are very important and applicants are waiting for answers to get their projects moving. Items should not be postponed because not all Commissioners are in attendance.

The public comment period closed at 7:11 p.m.

PUBLIC HEARINGS

CONDITIONAL USE PERMIT 2013-01, FABIAN MALDONADO

Applicant, Fabian Maldonado, applied for a Conditional Use Permit to cultivate sweet potatoes on a 5.62-acre parcel located on the north side of"F" Street, between the northerly extension of Winton Parkway and Livingston Middle School on property zoned R-1, Low Density Residential (APN 022-010-018).

Planner Galvez presented the staff report and displayed the location and zoning map of the subject proposal.

He explained there has been a recent change in the zoning ordinance where agriculture uses were prohibited. The City code now allows non-conforming properties larger than five acres to be cultivated. He stated that before moving forward with the public hearings, the Planning Commission has to determine whether or not there is a potential conflict of interest with any of the items being considered. Conflicts of interest will occur if any of the Commissioners are related to the applicant, do business with the applicant, or live within 500 feet of the property site.

For this specific site location, Acting Chair Estrada lives right about the verge of the 500 feet threshold. She has asked staff whether or not this would be a conflict of interest for her. She has no relationship to the applicant and no business ties. Planner Galvez doesn’t believe there is a conflict of interest and being that there are only three Commissioners present, they can use the "rule of necessity" which applies when the member is needed to form a quorum.

Planner Galvez stated Livingston Middle School expressed concerns with odor and with tractor operations taking place while school children are present, particularly when children are walking to and from school along "F" Street. The applicant said he would not use herbicides or pesticides on the property and the fertilizer would be odorless. Tractors will be used during planting and harvesting times. Staff will review and approve where the applicant will access the site.

Planner Galvez believes this is a good use and recommends approval of Conditional Use Permit 2013-01. If any of the conditions are violated, the use is revoked.

Acting Chair Estrada opened the public hearing at 7:19 p.m.

Katherine Schell-Rodriguez asked Planner Galvez if he had consulted with the City Attorney in regards to his conflict of interest determination or if this was just his conclusion from reading the City Code.

Planner Galvez replied recently the Planning Commission and the City Council attended a two-hour AB1234 training which explained conflict of interest. Even if Acting Chair Estrada was within 500 feet of the project site, she would be able to vote on the item using the "rule of necessity."

Mike Torres:

• Asked if this is going to be organic sweet potatoes.

Applicant, Fabian Maldonado, replied, "Yes."

• Asked about the type of fertilizer he will use.

Mr. Maldonado replied they will be injecting the ground with odorless fertilizer.

• Expressed concern about the dust generated from the disking.

Mr. Maldonado said he currently has to disc the property to get rid of weeds. The whole point of farming is to keep the lot clean. He will water it to keep the dust down.

• Asked if the applicant is aware of the City easement that runs through that property.

Planner Galvez said Winton Parkway has dedicated right-of-way through that property and the applicant would have to stay off of this easement area.

Acting Chair Estrada closed the public hearing at 7:25 p.m.

Commissioners’ Questions/Comments

Commissioner Urnberg

• Wishes residents from that area would have come to the meeting. He was concerned about the use of fertilizers and dust control, but since that has already been addressed, he approves the use of the property for cultivation.

Commissioner Castellanos

No comments.

Acting Chair Estrada

• Said there has been a lot of clean up going on in that area and if dust was a problem, somebody would have already complained and there have not been any complaints.

Motion by Commissioner Umberg, seconded by Commissioner Castellanos, to adopt Resolution 2013-06 Approving Conditional Use Permit 2013-01 to Allow Cultivation of Sweet Potatoes on a 5.62 Acre Property Commonly Known as APN 022-010-018, subject to the recommended conditions of approval. Motion carried 3-0 by the following roll call vote:

AYES: Acting Chair Estrada and Commissioners Castellanos and Umberg

NOES: None

ABSENT: Chair Flores, Commissioner Mendoza, and Alternate Commissioner Silva

CONDITIONAL USE PERMIT 2013-02, CHURCH OF THE KING

Applicant, Zeke Nelson has applied for a Conditional Use Permit to operate a 100-person capacity church use in the Downtown Commercial Zoning District (DTC) at 1471 B Street, Suite "A", on the north east comer of "B" and Main Streets, in the former movie rental store (APN 024-132-011).

Planner Galvez presented the staff report and displayed the location and zoning map of the subject proposal.

Points of discussion included:

• Access to the proposed church

Vehicular access is from "B" Street, 4th Street and 5th Street.

• Off-street parking

The church is required 20 off-street parking spaces. The Liberty Market shopping center has 142 parking spaces for a variety of uses. The adjacent Fuentes shopping strip has 44 parking spaces for a total shopping center count of 186 on-site parking spaces.

• Use of the facility

The applicant proposes to use the facility for typical church functions and community-based ministries. Church services will be held only on Sunday mornings. During the week, they will teach English as a Second Language and there will be musicians practice. They plan to eventually offer other services.

• Capacity

Currently the church has 25 members, but it’s expected to increase to an average of 80. The facility will have seating for 100 people.

• Vehicular Circulation

To facilitate on-site vehicular circulation, staff is asking the applicant to mark traffic arrows on driveways and encourage members to walk to the church.

Staff recommends approval of Conditional Use Permit 2013-02 subject to the findings and recommended conditions of approval listed in the resolution.

Commissioners’ Questions/Comments

Commissioner Castellanos No comments. Commissioner Urnberg

• Asked if the building has any handicap restrooms.

Applicant, Zeke Nelson, 16182 Destiny Court, Delhi, CA, said he doesn’t remember if the restrooms are handicap accessible, but he has been informed by the Fire Marshall that ADA compliance is required, so the building will be brought up to Code.

Building Official Joe Davi stated that ADA compliance is only required if improvements or upgrades are made to the building.

• He thinks the painting of traffic arrows should be up to the property owner and not the applicant.

Acting Chair Estrada

• Asked the applicant how he would reduce the occupancy of the church if the lack of parking becomes apparent.

Mr. Nelson replied they would have to look for another building if that happens. It would be difficult for them to turn people away.

Acting Chair Estrada opened the Public Hearing at 7:41 p.m.

Katherine-Schell-Rodriguez expressed concern with the clause in the staff report which states, "If a lack of on-site parking becomes apparent, then the maximum occupancy of the church will be re-examined and reduced, if necessary." It seems that in recent history the City Council has been quite adamant that all parking eventualities need to be resolved up front before a Conditional Use Permit is granted and that they are not exactly too crazy about iffy parking spaces.

Parking is a big issue and it is something that she really thinks the City Council should be addressing so that all applicants in the downtown commercial district know up front what exactly the parking requirements are going to be, so that everyone is treated fairly. She would like to see this item tabled and forwarded to the City Council so they can make the final call on parking.

Mike Torres thinks there is adequate parking for the proposed church. There has never been a problem before with parking in that shopping center. However, he would like restrooms to be ADA compliant.

Acting Chair Estrada closed the public hearing at 7:46 p.m. Commissioners Questions/Comments

Commissioner Urnberg

• Agrees with Mr. Torres that there is plenty of parking in that shopping center.

Commissioner Castellanos

• Many people walk, so he thinks there will be sufficient on-site parking.

Acting Chair Estrada

• Proposed that Condition #3 be amended to say, "To facility on-site vehicular circulation, traffic arrows on driveways shall be painted fresh visible and maintained as needed."

Motion by Commissioner Castellanos, seconded by Commissioner Umberg, to Adopt Resolution 2013-07 Approving Conditional Use Permit 2013-02 to Allow the Operation of a 100-Person

Capacity Church at 1471 "B" Street in the Downtown Commercial Zone District (DTC) on Property Commonly Known as APN 024-132-011, subject to the recommended conditions of approval, as amended. Motion carried 3-0 by the following roll call vote:

AYES: Acting Chair Estrada and Commissioners Castellanos and Umberg

NOES: None

ABSENT: Chair Flores, Commissioner Mendoza, and Alternate Commissioner Silva

CONDITIONAL USE PERMIT 2013-03, CARLOS VIEIRA

Applicant, Carlos Vieira, has applied for a Conditional Use Permit to operate a private, non-profit, youth boxing sports club for up to 30 youth (ages 10 through 18) at 444 Main Street, Livingston on property zoned Downtown Commercial (DTC), APN 024-114-008.

Planner Galvez presented the staff report and displayed the location and zoning map of the subject proposal.

Points of discussion included:

• Access to the building

This property has three entrances, one in the front, one on the side, and one in the rear of the building.

• Hours of operation

The youth sports club will be open Monday, Wednesday, and Friday, between 3:00 p.m. and 7:00 p.m.

• Use of the facility

This is a private non-profit, youth boxing, training gym sports club. It’s an after school program. No tournaments or special events will be held at the site. There will be two adults supervising and coaching the youth. Students will walk there or parents will drop them off and pick them up.

• Parking/Parking-In-Lieu

The size of lot is approximately 5,750 sq. ft. and the building covers the whole lot; consequently, there is no room for off-street parking on-site.

In comparison to a regular fitness center, this use is not identical. A fitness center is for profit and it is open to the general public from early morning to late evening. Here they are limiting attendance to up to 30 youths and it is only an after school program. Therefore, Staff recommends the site be required to provide one off-street parking space for each program supervisor and one off-street parking space for every ten youth enrolled in the program.

Given the fact that there is no parking there, staff looked at other possible alternatives, such as negotiating a parking agreement with Rite-Aid or Liberty Market for the use of their parking lot; park at the Livingston True Value Hardware store public parking lot; or have the applicant pay a parking-in-lieu fee. He explained the in-lieu payment for parking.

Discussion followed.

Commissioner Urnberg asked Mayor Pro-Tempore Samra (in the audience) for his opinion. Katherine Schell-Rodriguez called for a point of order. She asked if Commissioner Urnberg was asking Mr. Samra to participate in this discussion as the Mayor Pro-Tempore or as an average citizen.

Gurpal Samra, 1034 J Street, said he prefers not to participate on Planning Commission discussions. He will only voice his opinion at Council level if this item moves tothe City Council.

Commissioner Questions/Comments

Commissioner Castellanos

• Asked for hours of operation.

Hours of operation are 3:00 p.m. – 7:00 p.m., Monday, Wednesday, and Friday.

Commissioner Urnberg

• Parking is his only concern.

Acting Chair Estrada

• Asked for clarification on off-street parking requirements.

Planner Galvez explained there is currently no off-street parking identified in the Code for this specific type of use; therefore, it is up to the Planning Commission to determine the appropriate parking ratio.

• She asked the applicant what is his idea of parking.

Carlos Vieira, 5193 Victoria Way, Atwater, CA, said the after school program is there for the parents that are working, so kids have a place to go. They will learn the sport of boxing and discipline. Most kids are very young and do not have vehicles. Currently they only have one coach, Dennis Moniz. He is coaching 15 kids at a time, so not all 30 kids will be there at one time.

• She asked if the kids have to be from Livingston.

Mr. Vieira replied all participants are from Livingston. They have to be enrolled in school and they cannot be in trouble with the law.

• She asked for the possibility of having a drop off zone in front of the club for parents dropping off their children.

Planner Galvez said he can check with the Public Works Director and City Engineer about the possibility of having the curb painted.

Commissioner Urnberg

• He asked how many coaches they have.

Mr. Vieira explained they only have one coach right now and he is a volunteer coach. Ideally, they would like to have two coaches, one for every 15 students. They want to remain at 30 students in order to keep the place nice and organized.

Acting Chair Estrada opened the Public Hearing at 8:12 p.m.

Katherine Schell-Rodriguez asked if once they determine the ratio of off-street parking spaces for this use, this ratio will be applied to any other similar use in the City.

Planner Galvez said that is correct.

Ms. Schell-Rodriguez asked if this item is going to City Council. Planner Galvez replied it is up to the Planning Commission. Mike Torres asked the applicant how he selects the athletes.

Mr. Vieira replied kids fill out an application and they go through a process. They work with the schools to make sure the kids are right for this program.

Mr. Torres said he went by the building and saw people working in there remodeling the building. That makes him thinlc they are pretty sure their Conditional Use Permit will be approved.

Mr. Vieira said when they found this location, he immediately started repairing things inside the building, but then it was brought up to his attention that he had to go to the City for a Conditional Use Permit.

Mr. Torres said he is not against this use, but he feels they went about it the wrong way. Acting Chair Estrada closed the public hearing at 8:20 p.m.

Commissioners Questions/Comments

Commissioner Urnberg

• Would prefer two adults in the building. It’s a good program to help keep kids off the street.

• Thinks it should go to the City Council for determination of parking-in-lieu fees.

Commissioner Castellanos

• Feels there is no need for more parking.

Acting Chair Estrada

• Asked about parking requirements for other uses in the area.

Planner Galvez said since there was a change in land use, the parking has to be evaluated and they have to comply with what the zoning code currently requires.

He explained that in-lieu parking moneys collected will be used to acquire property and build a public parking lot and maintain it, so that money is applied to help solve the problem. It is a one time fee.

Discussion followed.

Planner Galvez stated that typically the process would be that the Planning Commission would approve the Conditional Use Permit if the conditions are adequate, and they address the issues that come up, and the applicant would then go before City Council and the City Council would address the parking-in-lieu issues and determine the fee.

Mr. Vieira said he owns A.V. Thomas Produce which is right down the street from this facility, so they can use that property for parking if necessary. This will solve the parking issue.

Commissioner Urnberg

• Thinks it is important to have two adults there. He moved to adopt Resolution 2013-08, adding a condition that there be two adults present and in terms of in-lieu of parking, that they go to the City Council.

Mr. Vieira said they would prefer two coaches there, but right now they only have one volunteer coach. If they only have one coach and they have 16 kids, they cannot stop the program.

Coach Dennis Moniz, 692 Oakwood Way, said he has been a coach for 27 years. He has coached 16 kids at one time. 16 kids is a national number. They would like more volunteers, but it is hard to get coaches. He has experience. He can manage with 16 kids. He has done it before.

Acting Chair Estrada

• Feels that having the adequate amount of coaches should be up to the applicant. She believes it’s a great program. She feels the Planning Commission should focus more on the property.

Commissioner Castellanos

• Thinks it would be better to have two people supervising because one person can be busy doing something and he cannot see everything that is going on.

Motion by Commissioner Urnberg, seconded by Commissioner Castellanos to approve Conditional Use Permit 2013-03 adding a condition of having at least two adults on-site and that parking in-lieu go to the City Council.

Acting Chair Estrada reopened the public hearing at 8:36 p.m. and asked to keep comments at two minutes.

Francisco Mendoza, 285 8 Amber Court, said that in his opinion, he feels that the logistics in terms of adult supervision is out of the realm of focus. The Planning Commission should focus more on land use, parking, and such things.

David Blevins, 1019 4th Street, said it sounds to him that everything has been hashed out. The applicant has plenty of parking at the AV Thomas Produce property. He thinks the Planning Commission should approve their Conditional Use Permit.

Mike Torres thinks this is a good way to keep kids out of trouble.

Katherine Schell-Rodriguez said for purposes of clarity, if the parking for this site is going to be at the AV Thomas property, it should be spelled out clearly in the Conditional Use Permit and in the motion so that everybody knows in case there are questions in the future. Planner Galvez recapped the motion on the floor:

The motion is to approve the Conditional Use Permit as submitted and make parking determination of one parking space per each adult that is there and one parking space for each ten students that are there, and recommend that there be at least two adults present. And that the parking item be resolved by the City Council.

Acting Chair Estrada closed the public hearing at 8:41 p.m.

Commissioner Umberg said he still wants two adults there, but he will withdraw the in-lieu parking requirement if the applicant can provide parking at the AV Thomas Produce property.

Planner Galvez said he will need to evaluate the lot to make sure there is adequate parking space there. He is not familiar with that site.

Discussion followed.

Planner Galvez pulled up the aerial map of the AV Thomas Produce property and determined that there is adequate parking there and there is easy walking distance to the site.

Motion by Commissioner Umberg, seconded by Commissioner Castellanos, to adopt Resolution 2013-08 Approving Conditional Use Permit 2013-03 To Operate a Private, Non-Profit, Youth Boxing, Training Gym Sports Club For Up To 30 Youth (Ages 10-18) at 444 Main Street, in the Downtown Commercial Zone District (DTC) on Property Commonly Known as APN 024-014- 008, with the understanding that the parking determination is one parking space for each adult and one parking space for every ten students, as a parking determination for this type of use and, in this case, that the off-street parking requirements can be met with a parking agreement that will be entered into between the project applicant and the owner of the A.V. Thomas Produce property on Main Street. Motion carried 2-1 by the following roll call vote:

AYES: Commissioners Castellanos and Urnberg Acting Chair Estrada

NOES:

ABSENT: Chair Flores, Commissioner Mendoza, and Alternate Commissioner Silva

Planner Galvez noted there is a 10-day appeal period.

SITE PLAN/DESIGN REVIEW 2013-01, MOTEL 6

Motel 6 has applied for a Site Plan/Design Review application to develop a 75-room, 3-story motel on a 1.04 -acre parcel located at 309 Joseph Gallo Drive, generally located on the north side of Joseph Gallo Drive, west of Winton Parkway on property zoned Highway Service Commercial (C-3), APN 022-020-001.

Planner Galvez presented staff report and displayed the location and zoning map of the subject proposal.

He explained there were a number of issues that the applicant was not able to resolve prior to the Planning Commission meeting. However, the applicant is pursuing approval of the concept to help them with the financing. They will work with staff on getting these issues resolved prior to the issuance of a building permit.

They need approval of the project before they can get funding for their project. Planner Galvez pointed out items still pending:

• Off street parking requirements.

• Off street improvements.

• Approval to discharge into private storm drainage basin.

• Assurances from the applicant that Del Rio Avenue will be developed.

• Utility Plans.

• Participation in the Deferred Fee Subdivision Drainage Agreement with MID.

• Fire Department’s concerns with fire truck access and placement of fire hydrants.

• Architectural Design and Style -project design may require Gallo approval.

Staff recommends that the Site Plan/Design Review be approved subject to the findings and conditions of approval.

Commissioner Castellanos

• Expressed concern that there is only one access.

Commissioner Urnberg

• Is concerned that there is only one way in and out of the parking lot. He also feels there is not enough room for fire trucks to get in and out.

Acting Chair Estrada

• Asked for clarification. If there are still various things that have to get resolved, all the Planning Commission is voting on is the land use?

Planner Galvez said, "Yes," and added that these items will have to be addressed prior to the issuance of a building permit.

Planner Galvez presented the options available to the Planning Commission:

• This item can be tabled until all items are addressed.

• Planning Commission can approve the 75-unit Motel as a concept with the item coming back to the City Council for final Site/Design Review.

• The Planning Commission can deny the application and tell the applicant to come back when they are ready.

Acting Chair Estrada opened the public hearing at 9:03 p.m.

Katherine Schell-Rodriguez asked if once they get all these issues resolved they will come back to the Planning Commission so that the public can see that these items have been addressed.

Planner Galvez said this is a Site Plan/Design Review, so it will go to the City Council for final approval.

Mike Torres said he cannot understand why the parking lot issue wasn’t resolved before coming to the Planning Commission.

Project Architect Cesar Rodriguez, 4321 N. West Avenue, #105, Fresno, CA, said originally the site did not have Del Rio Avenue. It wasn’t until the project started to develop that they were informed there was going to be a road there. As for the parking lot, they are looking at other options. He added there will be a sidewalk installed between the motel and Taco Bell.

Acting Chair Estrada closed the public hearing at 9:11 pm

Following discussion, it was moved by Acting Chair Estrada, seconded by Commissioner Urnberg to approve the land use and concept for Motel 6 and have all the final details come back to the Planning Commission for approval. Motion carried 3-0 by the following roll call vote:

AYES: Acting Chair Estrada and Commissioners Castellanos and Urnberg

NOES: None

ABSENT: Chair Flores, Commissioner Mendoza and Alternate Commissioner Silva

REPORTS

Planning Commission Commissioner Urnberg

• Thinks staff is doing a good job at getting work done.

Commissioner Castellanos

Nothing to report.

Acting Chair Estrada

Nothing to report.

City Staff

Planning Commission Determinations

Grocery Store Cart Rack

Planner Galvez presented to the Commission a request from a property/business owner asking permission to place a shopping cart rack in front of his grocery store in the City right-of-way. The property location is 344 Main Street, Fiesta Supermarket.

Planner Galvez explained liability possibilities for the City. He said staff thinks placing the carts inside the store is better, but space is limited.

The applicant was present to answer questions.

Commissioner Umberg thinks no shopping carts should be allowed in front of the store because it is a City sidewalk and it is a liability for the City.

Commissioner Castellanos thinks the cart rack should be conditionally permitted to allow them during the daytime only as long as they are secured and the sidewalk is clear.

Acting Chair Estrada asked if they can use the parking lot next to the store.

Planner Galvez said that is a possibility, but there is currently an issue with who owns that parking lot. The True Value parking lot has two property owners; part of the parking lot is owned by the City and the other part is privately owned.

Applicant Narinder Nola, 344 Main Street, said it is not a rack; it is only a metal rail against the wall. It will be under the awning. There is ten feet of walkway there. Two wheel chairs can easily fit through there. He added that the baskets are out only during the day and they are placed inside the store at the end of the day when the business closes.

Planner Galvez said an option would be for the applicant to do a hold harmless agreement so that if anyone gets hurt, the applicant is held responsible.

Commissioner Umberg recommended that they hold off on a recommendation until they have a full Commission in attendance.

Acting Chair Estrada opened public comment period at 9:26 p.m.

Mike Torres said there is currently a City ordinance that states nothing should be on the public sidewalk and this rack is on the public sidewalk. They should follow the ordinance. If the City wants to allow it, then they should change the ordinance.

Planner Galvez explained the procedure is to ask the Planning Commission to determine what they feel staff should do. They can ask to bring this back to the Planning Commission in the form of a zoning ordinance text amendment if they want to pursue amending the zoning code.

Discussion followed.

Commissioner Urnberg agrees with Mr. Torres that since there is currently a City ordinance prohibiting intrusion into the pedestrian walkway or sidewalk , the rack should not be allowed.

Acting Chair Estrada closed public comment period at 9:32 p.m.

Clothing Collection Bins

Planner Galvez explained a for-profit company had contacted City staff about placing clothing collection bins on private property. Since there are currently no regulations in the City Code on these collection bins, staff is requesting Planning Commission determination on whether or not to allow them.

There is already a collection bin at the Valero gas station on Hammatt and Walnut Avenues. It was placed there without City approval. The most recent request was to place one on Davis and North Main Streets.

Following discussion, the Planning Commission determined these clothing collection bins are acceptable if placed on private property and language should be incorporated in the Code.

Associate Planner Reports

• Reminded Commissioners that some of them still have to make up the AB 1234 mandatory training.

• Staff would like to provide Planning 101 training for Commissioners in the near future.

• Gave a brief introduction of the City’s General Plan structure and purpose. He handed out a map of the City limits and the Sphere of Influence and identified the different boundaries. His plan is to give the Planning Commission bits and pieces of information on the General Plan at each Planning Commission meeting.

• He met with MCAG Transit Manager Rich Green about placing additional bus stop locations in the City. He asked the Planning Commission to contact him if they have any suggestions.

Commissioner Umberg suggested that a flyer be placed at the Senior Center.

• He thanked Intern Francisco Mendoza and Administrative Analyst Filomena Arredondo for their help in preparing the agenda. It was a great team effort.

ADJOURNMENT

The meeting was adjourned by consensus at 9:42 p.m.

APPROVED: June 11, 2013

clip_image001clip_image002Acting Chair, ALICIA ESTRADA Secretary of the Planning Commission,

MIGUEL A. GALVEZ

The written meeting minutes reflect a summary of specific actions taken by the Planning Commission. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record o.f the meeting’s proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall.

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