Ai the Crossroads oj California. AGENDA PLANNING COMMISSION. CITY HALL COUNCIL CHAMBERS 520 J Street Los Banos, California

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1 LOS Banos Ai the Crossroads oj California AGENDA PLANNING COMMISSION CITY HALL COUNCIL CHAMBERS 520 J Street Los Banos, California January 13, 2010 If you require special assistance to attend or participate in this meeting, please cell the Planning (209) extension 118 at least 48 hours prior to the meeting. The City of Los Banos complies with the Americans with Disabilities Act (ADA) of "."."." '*." '* **."."."."." '*." Si requiere asistencia especial para atender 0 participar en esta junta por favor liame a la oficina de la Secretaria del Departamento de Planificaci6n al (209) extensi6n 118 a 10 menos de 48 horas previas de la junta. La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection at the meeting and in the Planning Department's office located at City Hall, 520 J street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www. losbanos.om.." *."."." *." *",." '*."." '* '*." Cuelquier escritura 0 los documentos proporcionaron a una mayoria del Departamento de Planificaci6n con respecto a cualquier articulo en este orden del dia sera hecho disponible para la inspecci6n publica en la reuni6n y en la oficina del Secretaria del Departamento de Planificaci6n del City Hall, 520 J Street, Los Banos, Califomia durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la Ciudad en www. /osbanos.om. 1 CALL TO ORDER. 7:00 PM 2. PLEDGE OF ALLEGIANCE. 3. ROLL CALL. (Planning Commission Members) Hammond _, McCauley _, Mello _, Napolitano _, Viveros_ 4. APPROVAL OF AGENDA. Recommendation: Approve the agenda as submitted. Los Banos Planning Commission Agenda - January 13, 2010 Page 1 of3

2 5 ADMINISTRATION OF OATH OF OFFICE TO NEW PLANNING COMMISSIONERS o o NORM DONOVAN CHANDRA LEE Recommendation: That the Assistant City Clerk administer the Oath of Office. 6. ROLL CALL. (Planning Commission Members) Donovan _, Hammond _, Lee _, McCauley _, Mello _, Napolitano _, Viveros 7 REORGANIZATION OF PLANNING COMMISSION - SELECTION OF NEW CHAIRPERSON AND VICE CHAIR. 8 CONSIDERATION OF APPROVAL OF THE ACTION MINUTES FOR THE REGULAR MEETING OF DECEMBER 9, Recommendation: Approve the minutes as submitted. 9. CONSIDERATION OF APPROVAL OF THE ADJOURNED MEETING MINUTES OF DECEMBER 17, 2009 Recommendatton: Approve the minutes as submitted. 10 PUBLIC FORUM Members of the public may address the Commission on any item of public interest that is within the jurisdiction of the Commission, including agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. 11 RECEIVE INFORMATION FROM PLANNING DIRECTOR PAULA FITZGERALD REGARDING THE RULES AND RESPONSIBIL TIES OF THE PLANNING COMMISSION (INFORMATIONAL ITEM ONLY) 12. PUBLIC HEARINGS: If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing A. Public Hearing - Consider a Use Permit for a Type 21 Alcohol License for the Off-Sale of General Alcohol. The Requested Use Permit is for Wal-Mart Stores, Inc. Located At 1575 W Pacheco Blvd, More Specifically Identified as Assessor's Parcel Number' ) Planning Commission Resolution No Recommending Approval of Use Permit # to the Los Banos City Council for the Off-Sale of General Alcohol for Wal-Mart Store #2117 Located at 1575 W Pacheco Blvd Los Banos Planning Commission Agenda - January 13, 2010 Page 2 of3

3 Recommendation ' Receive staff report, open the public hearing, receive public comment, close the public hearing and adopt Planning Commission Resolution No as submitted. 13 PLANNING DEPARTMENT REPORT 14. COMMISSIONERS REPORTS A. Donovan B C D E F Hammond Lee McCauley Mello Napolitano G. Viveros ADJOURNMENT APPEAL RIGHTS AND FILING PROCEDURES Any person dissatisfied with an act or determination of the Planning Commission may appeal such act or determination to the Planning Commission by filling written notice with the Planning Commission Secretary!lot later than five (5) business days (excluding holidays) after the day on which the act or determination was made. An appeal must state the act or determination which IS being appealed, the identity of the applicant and his/her interest In the matter, and set forth in concise statement(s) the reasons which render the Commission's decision unjustified or inappropriate. (Los Banos Municipal Code Section ) Concerning an action taken by the Planning Commission related to Chapter 2 Articles 1 through 17 of the Los Banos MuniCipal Code "Subdivisions", if a subdivider or other affected property owner is dissatisfied with any action of the Commission with respect to a tentative map or the nature and extent of improvements recommended or required he/she may within fifteen (15) days after such action appeal to the Planning Commission Secretary for a public hearing on the matter An appeal must state the action being appealed, identify the agenda item by agency!lumber or project title, and set forth in concise statement(s) the reasons for the appeal. (Los Banos Municipal Code Sections ) Appeals must be in writing and include the appellant's name and address and original signature. A filing fee of $ must accompany the notice of appeal. 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 not less than 72 hours prior to the meeting. 'r: IJ1IUc ', '~J:0 orma Fuentes, Plann'ng Commission Secretary Dated this 8 th day of January Los Banos Planning Commission Agenda - January 13,2010 Page 3 of3

4 CITY OF LOS BANOS PLANNING COMMISSION MEETING MINUTES DECEMBER 9, 2009 ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For greater detail of this meeting refer to the electronic media (CD and/or audioj kept as a permanent record. CALL TO ORDER: Chairman Donovan called the Planning Commission Meeting to order at the hour of 7:00 p.m PLEDGE OF ALLEGIANCE. Allegiance. Planning Commissioner Mello led the Pledge of ROLL CALL - MEMBERS OF THE PLANNING COMMISSION PRESENT: Norm Donovan, Stephen Hammond, Chandra Lee, Ann McCauley, Tom Mello, and Shirley Napolitano. Absent: Erasmo Viveros. STAFF MEMBERS PRESENT: City Attorney Vaughn, Assistant Planner Souza, Planning Director Fitzgerald, Public Works Assistant Director Hutsell and Planning Secretary Fuentes. CONSIDERATION OF APPROVAL OF AGENDA: Motion by McCauley, seconded by Hammond to approve the agenda as submitted. The motion carried by the affirmative action of all Commission Members present. Absent: Erasmo Viveros. additional Motion by McCauley seconded by Hammond to approve the minutes as amended. The motion carried by the affirmative action of all Commission Members present. Absent: Erasmo Viveros. CONSIDERATION OF THE CANCELLATION OF THE DECEMBER 23, 2009 PLANNING COMMISSION MEETING: Motion by Mello seconded by Hammond to cancel the meeting as requested- The motion carried by the affirmative action of all Commission Members present. Absent: Erasmo Viveros. PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE COMMISSION ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE COMMISSION; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. No one came forward and the public forum was closed. RECEIVE INFORMATION FROM REDEVELOPMENT AGENCY DIRECTOR ELAINE POST REGARDING RDA AND COMMISSION RELATIONSHIPS (INFORMATIONAL ITEM ONLY)

5 Commissioner Napolitano; what is their purpose on the Commission, Commissioner Hammond, feels their purpose is to make sure that the applicants meet the requirements, meet the codes and regulations; do have to put personal feelings aside if the applicants meet the requirements, Redevelopment Director Post; if there are issues that arise, suggested to bring to the attention of staff and ask to look into the issue. PUBLIC HEARING - CONSIDER MAKING A RECOMMENDATION TO THE LOS BANOS CITY COUNCIL ON THE LOS BANOS RAIL TRAIL CORRIDOR REGULATING CODE. Planning Director Fitzgerald presented information to the Commission on the Zoning Ordinance and how this Regulating Code will be incorporated. Jason Jones - RBF representative presented a power point presentation Commissioner Napolitano; with regard to the bus line, wanted to confirm that it isn't like the greyhound bus, its city line; Redevelopment Director Post; correct. Planning Director Fitzgerald, inform Commission that Commissioner Viveros is in favor of this plan. Commissioner McCauley; with regard to the family entertainment center, this is an option; its up to whoever wants to develop the parcel if they want to include the family entertainment center; Jason Jones - RBF, kept it flexible; did not want to make it the only option for that site, referred the Commission to page 4-2, it shows the family entertainment center included, also referred to page 3-3, shows the same concept; Commissioner McCauley; is there a plan to bring it out all the way to Mercey Springs Road; Redevelopment Director Post; Mercey Springs is already commercial- owned by Sam Watson; he has his own master plan for that area, was taken out all the way to his parcel. Commissioner Mello; in favor of this plan; received many complaints about vagrants and drunks hanging out by the rail trail; need to take care of this issue; Redevelopment Director Post; the department is aware of this issue; working on trying to get rid of the buildings currently in that area. City Attorney Vaughn, in reviewing the information with regard to the appeals process language; major/minor exceptions to the regulations, on page 9-2; would like some clarification to the "major exceptions"; give an example of what would be exceeding 10% of the standard, Jason Jones - RBF, the reasoning for the exceptions section is to not preclude a proposal; example; a building comes in with a height of 40 feet and another applicant comes in with a taller one, the first applicant should also be allowed to come before the Planning Commission to for an exception to that standard, City Attorney Vaughn, this exception seems to be two things that could be quantified, i e. color, shape, Jason Jones - RBF, there are standards in place with regard to color Chairman Donovan opened the public hearing; Redevelopment Director Post; would like to encouraged the Commission to approve this code; the family entertainment center is an idea, a concept; not a reality; if it was put around the corridor, felt that it was the best place to put it; no one else came forward and the public hearing was closed

6 Commissioner Hammond, would like to let everyone who has worked on this code thank you and great job of taking the concept and ideas and putting them on paper for everyone to foresee, Motion by Hammond, seconded by Mello to adopt Planning Commission Resolution No Recommending Adoption of the Los Banos Rail Trail Corridor Regulating Code. The motion carried by the affirmative action of all Commission Members present. Absent: Erasmo Viveros. PUBLIC HEARING - CONSIDER MAKING AN AMENDMENT TO TITLE 10, CHAPTER 2 OF THE LOS BANOS MUNICIPAL CODE, "CITY OF LOS BANOS WATER EFFICIENCY LANDSCAPE ORDINANCE" IN ITS ENTIRETY. Planning Director Fitzgerald presented the staff report. Commissioner Mello; referred question to Public Works Assistant Director Hutsell - confirming that staff is also speaking with DWR with regard to the overall plan of the water treatment, that we apply for water from the State, from the California Aqueduct; Public Works Assistant Director Hutsell; service water is not part of this ordinance; currently doing a joint study with CCID for ground water; possibility for recharge; where can we develop new wells, to get ground water it will lead to working with CCID; Commissioner Mello; attended a meeting with various engineers, had a great 3 part program with regard to the drainage, sewage and water systems, part of it was getting water from the California Aqueduct; Public Works Assistant Director Hutsell; intend to revive and go back and look for service water as a source; right now looking to enhance our ground water by putting in some recharge wells, install monitoring wells to monitor water; Commissioner Mello; what about the first tier water that is no good; Public Works Assistant Director Hutsell; you would have to treat the ground water; need to find the ground water and wells that meet Federal and State guidelines, Commissioner Mello; are we going outside of city limits, Public Works Assistant Director Hutsell; recharge may go outside of city limits, supply wells would more than likely be within the City limits; Commissioner Mello; may get better water someplace West of town, Public Works Assistant Director Hutsell; we would be contending with the property owners in that part of town. Commissioner McCauley; if a person is going to renovate an existing lawn, they would only need to comply if it goes over 2500 square feet of lawn; Public Works Assistant Director Hutsell~ if its existing, its 5000 square feet; its 2500 square feet for commercial; Commissioner McCauley; as far as changing sprinkler heads, this doesn't apply unless it's a certain square footage; Public Works Assistant Director Hutsell; water will be supplied to all new construction, some is retroactive to large landscapes; the City would have to hire or train someone to be an Irrigation Auditor; staff intends to have someone internally do this auditing. Commissioner Napolitano; if someone has a contractor redoing a small front yard, they are expected to install a drip system near a surface, not necessarily mandated, Public Works Assistant Director Hutsell; this doesn't cover private landscaping; not currently mandated, there are standards currently in place for commercial; do have mandates for water waste.

7 Chairman Donovan opened the public hearing; no one else came forward and the public hearing was closed. Motion by Hammond, seconded by McCauley to approve the amendment of Title 10, Chapter 2 of the Los Banos Municipal Code, "City of Los Banos Water Efficiency Landscape Ordinance" in its entirety as submitted The motion carried by the affirmative action of all Commission Members present. Absent: Erasmo Viveros. PLANNING DEPARTMENT REPORT. Planning Director Fitzgerald; currently continuing to work on the Zoning and Subdivision Ordinance; requested feedback from the Commission to see if they would like to change the meeting times of the Planning Commission, Commission suggested changing meeting time to 6'00 pm; contact Commissioner Viveros to see if he can attend the meetings beginning at 5:30 pm; will be reviewing the rules and responsibilities of the Planning Commission at next meeting PLANNING COMMISSION MEMBER REPORTS. STEPHEN HAMMOND: Remind everyone that Bethel Community Church is ~utting on "Christmas Journey" play; from 6:00 p.m to 8'00 p.m., on December 19 t the Los Banos Rescue Mission will be conducting the Christmas Food Giveaway; from noon until 430 p.m, wished everyone a Merry Christmas. CHANDRA LEE: Merry Christmas. ANN McCAULEY: Merry Christmas and Happy New Year TOM MELLO: Thanked Redevelopment Director Post for her presentation, Merry Christmas and Happy New Year SHIRLEY NAPOLITANO: Merry Christmas. ERASMO VIVEROS: Absent. NORM DONOVAN: Asked staff for the status on the CVS drugstore coming in on Ortigalita, staff stated that the applicants pulled their lease. ADJOURNMENT. The meeting was adjourned at the hour of 7 30 p.m., to Thursday, December 17, 2009, at 4:00 p.m., to review the Los Banos Municipal Code - Sign Regulations in the Los Banos City Hall Council Chambers, 520 J Street, Los Banos, California. Motion by Hammond, seconded by Mello to adjourn meeting to Thursday, December 17, 2009, at 4'00 pm, to review the Los Banos Municipal Code - Sign Regulations in the Los Banos City Hall Council Chambers, 520 J Street, Los Banos, California. The motion carried by the affirmative vote of all Planning Commission Members present. Absent: Erasmo Viveros.

8 APPROVED- Norm Donovan, Chairman ATTEST Norma Fuentes, Planning Commission Secretary

9 CITY OF LOS BANOS ADJOURNED PLANNING COMMISSION MEETING MINUTES DECEMBER 17, 2009 ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the Planning Commission. CALL TO ORDER: Chairman Donovan called the Planning Commission Meeting to order at the hour of 4:00 p.m. PLEDGE OF ALLEGIANCE. Allegiance. Planning Commissioner Mello led the Pledge of MEMBERS OF THE PLANNING COMMISSION PRESENT: Norm Donovan, Stephen Hammond, Chandra Lee, Ann McCauley, Tom Mello, and Shirley Napolitano; Absent: Erasmo Viveros STAFF MEMBERS PRESENT: City Attorney Vaughn, Planning Director Fitzgerald, Assistant Planner Souza, and Planning Secretary Fuentes. CONSIDERATION OF APPROVAL OF AGENDA: Motion by Hammond, seconded by McCauley to approve the agenda as submitted. The motion carried by the affirmative action of all Commission Members present. Absent: Erasmo Viveros. PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE COUNCIL ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A THREE (3) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. No one came forward to speak and the public forum was closed. PUBLIC HEARING -- CONSIDERATION OF A RECOMMENDATION TO AMEND THE LOS BANOS MUNICIPAL CODE TITLE 9, CHAPTER 3, ARTICLE 28 SIGN REGULATIONS. Planning Director Fitzgerald and Redevelopment Director Post presented the staff report which included photos of proposed monument signs. Chairman Donovan; the sign on Pacheco Boulevard, would like to clarify which sign is being replaced; Redevelopment Director Post; it would be the sign on the right hand side, which states, "Welcome to Los Banos;" not the one that states the clubs and organizations, Chairman Donovan, the sign that will be on th street will also be digital; Redevelopment Director Post; correct

10 Commissioner Napolitano; understands that the Community Center will only advertise activities that will be held at the Community Center; Redevelopment Director Post; correct; Commissioner Napolitano; there will be a restriction as to what will be advertised on these signs; Redevelopment Director Post; correct; Commissioner Napolitano; what percentage will be to advertise products and what percentage will be to advertise events; 15% will always be for nonprofits; 20% that will be for community events and activities; remainder will be for the advertising portion; will see a lot of activities within the City; will have standards as to what will be advertised; Commissioner Napolitano; hopefully will be advertising that will involve our community; Redevelopment Director Post; hopefully yes; the majority of the advertising information will be approved by staff; it's a chance to raise some revenue; Commissioner Napolitano; was under the impression that the Chamber of Commerce would be the ones in charge of managing the display information, Redevelopment Director Post; the Chamber would have to do this thru an RFP (request for proposal); cannot just give it to the Chamber; Commissioner Napolitano; at some point will there be some citizen involvement; Redevelopment Director Post; there will be rules in place; staff has to follow FCC guidelines; Commissioner Napolitano; would like to see some type of community involvement; Redevelopment Director Post; staff will be overseeing who does what; staff is final approval; Commissioner Napolitano; what kind of opportunities are we opening up for businesses to have the chance to change their signs, making the City look like "Las Vegas;" Planning Director Fitzgerald; staff did not change any of the guidelines with regard to the sizes; this stayed the same, with a 1 to 1 ratios, only changed language to allow the animated signs; Commissioner Napolitano; in general, the public will be involved in one way or another; Redevelopment Director Post; a committee has been formed to discuss all the issues that have been brought forth. Commissioner Mello; when referring to community involvement, does this mean the School District will be involved; Redevelopment Director Post; correct; Commissioner Mello; will the sign be able to be changed by someone internally within City Hall; Redevelo~ment Director Post; correct, it will be wireless, Commissioner Mello; will the sign on 7 11 street be behind a chain link fence; Redevelopment Director Post; no, but the sign will be very tall to where it is not accessible by anyone; there will be a security camera on the sign; will be behind bushes and there will be trees behind it. Commissioner McCauley; with regard to the sign West of town, will it allow for advertising for the Community Center; Redevelopment Director Post; yes. Chairman Donovan opened the public hearing; no one came forward and the public hearing was closed. Motion by Hammond, seconded by Napolitano to adopt Planning Commission Resolution No Recommending amendment of the Los Banos Municipal Code Title 9, Chapter 3, Article 28 Sign Regulations. The motion carried by the affirmative action of all Commission Members present. Absent: Erasmo Viveros. ADJOURNMENT. The meeting was adjourned at the hour of 4:21 p.m.

11 APPROVED" Norm Donovan, Chairman ATTEST Norma Fuentes, Planning Commission Secretary

12 LOS Banos At the Crossroads of California PLANNING COMMISSION STAFF REPORT TO: FROM: CHAIR AND COMMISSIONERS STACY SOUZA, ASSISTANT PLANNER ct THROUGH: PAULA FITZGERALD, AICP, PLANNING DIRECTOR FOR: PLANNING COMMISSION MEETING OF JANUARY 13, 2010 SUBJECT: USE PERMIT # OFF SALE GENERAL ALCOHOL RECOMMENDATIONS: 1 That the Planning Commission makes the appropriate findings and recommends approval of Use Permit # to the Los Banos City Council for the use of a Type 21 alcohol license for the off-sale of general alcohol at Wal-Mart Store 2117 located at 1575 W Pacheco Blvd A P N'.;.. " O ~O 12. Use,permit'# Off;;;Sale General Alcohol,.... ','.'. '.. C E::Q :.IA. - ~~ '.. PROJECT BACKGROUNDIDESCRIPTION: The Los Banos Planning Commission on March 24, 1993 approved Site Plan #93-2 for the construction of a Wal-Mart store. The existing store has been operating since 1994 in the City of Los Banos. In 2008 Wal-Mart Stores, Inc requested the use of a Type 20 alcohol license for the offsale of beer and wine. The Planning Commission recommended approval to the City Council on May 14, 2008 and subsequently the City Council approved the Use Permit on June 4,2008

13 Resolution # Use Permit # Planning Commission January 13, The requested application is for the use of a Type 21 alcohol license to permit the offsale of general alcohol for Wal-Mart located at 1575 W. Pacheco Blvd. in the highway commercial zoning district. The requested use will not change the existing operations of the current store and the applicant is not proposing any modifications to the existing building at this time The proposed use will incorporate less than 1% of store floor area for the off-sale of general alcohol. The applicant's intent is to enhance the value of the store as a "one-stop shopping" destination for the residents of Los BanosThe Planning and Police Department met with the applicant to discuss and approve the location of the alcohol within the store LOCATION AND ACCESS: The project site is located at 1575 W Pacheco Blvd, more specifically identified as Assessor's Parcel Number LAND USE: Property Project site North South East West Land Use Commercial Commercial Residential Commercial Vacant H-C = Highway Commercial LDR = Low Density Residential Zone H-C H-C PD/R-1 H-C H-C General Plan C C LDR C C C = Commercial R-1 Low Density Residential =

14 Resolution # Use Permit # Planning Commission January 13,2010 ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, it has been determined that this project is categorically exempt from the provisions of CEQA - Article 19, Section The applicant's request for the off-sale of general alcohol involves the permitting and licensing of an existing private structure and involves no expansion of the use currently existing at the Walmart store located at 1575 W Pacheco Blvd, which currently includes the off-sale of beer and wine pursuant to a Type 20 License USE PERMIT ANALYSIS Code Requirements A use permit, as specified in the Los Banos Municipal Code Section , is required for any establishment dispensing for sale or other consideration alcoholic beverages, including beer and wine, for on-sale or off-sale A use permit may be granted if the proposal is conforming to the following criteria. Standard: 1 That the proposed use and project is consistent with the City of Los Banos General Plan, and Los Banos Municipal Code, 2 That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use, 3 That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvement in the neighborhood or to the general welfare of the City On-Sale and Off-Sale Alcoholic Beverages: 1 That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity; 2 That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues, public, parochial, or private elementary, junior high, or high schools, public parks or recreation centers, or public or parochial playgrounds, 3 That the proposal will not interfere with the movement of people along an important pedestrian street; and 4 That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10'00pm and 7 00am. Staff believes that this proposal is conforming to the criteria set forth in the Municipal Code The project will not contribute to the proliferation of alcohol in the area or cause an increase in crime in that the proposed use will utilize less than 1 % of the store floor area. The proposal is not in close proximity to places of worship, schools, or

15 Resolution # Use Permit # Planning Commission January 13, 2010 playgrounds Staff believes that the proposal will not have an affect with the movement of people in that the store is located in a shopping center that is accessed mostly by vehicular travel In addition, the project will be subject to conditions which will mitigate any adverse affects on the surrounding neighborhood Wal-Mart currently requires all cashiers and managers to be trained on alcohol sales through a program called Techniques of Alcohol Management (TAM). The California Coordinated Council of Beverage Service has certified the TAM for use by Wal-Mart. The training program focuses on recognizing and preventing any sales of alcohol that may be detrimental to the public welfare Furthermore, Walmart's cash registers employ state of the art technology designed to help cashiers confirm a customer's age as part of every alcohol sales transaction The implementation of special training and technology will help mitigate any affects of alcohol sales on the residents of Los Banos. In addition, The Los Banos Police Chief has reviewed Walmart's location of security cameras with Walmart's Protection Manager and store manager The Chief was satisfied with the location of cameras and the location of alcohol in relation to the associated cameras A condition of approval has been added regarding the sale of hard liquor, which requires those containers to be placed in the same location as tobacco products. This requires a cashier to control the issuance and monitoring of hard liquor to customers of the product at all times Alcoholic Beverage Control The Alcoholic Beverage Control Board (ABC) has the authority according to Section of the Business and Professions Code to exercise certain conditions under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including, but not limited to, the following a) Restrictions as to hours of sale b) Display of signs. c) Employment of designated persons. d) Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law e) The portion of the privileges to be exercised under the license. f) The personal conduct of the licensee ABC may also refuse to issue a license to any person who has violated the Alcoholic Beverage Control Act, has a disqualifying criminal record, or is otherwise disqualified. Census Tract The project site is located in census tract As of the date of this report there are 11 off-sale licenses currently in use in this specific census tract. According to Section of the Business and Professions Code, the number of off-sale beer and wine licenses in combination with off-sale general licenses, are limited to one for each 1,250 people in a City or County The City of Los Banos' current population of 36,198 would

16 Resolution # Use Permit # Planning Commission January 13,2010 allow for 29 off-sale licenses. There are currently 27 off-sale (Type 20 and 21) licenses This specific request however would not require the use of an additional allocated license The existing off-sale license Walmart has already been allocated will only be intensifying its use, not requiring an additional license The following is a list of active "off-sale" licenses in census tract License Business Name Premises Address Type 1 20 Los Banos Chevron 1009 E Pacheco Blvd. 21 Rite Aid Store E Pacheco Blvd. 20 Larry's Shell 849 W Pacheco Blvd Gas Station 1063 E. Pacheco Blvd. 20 Region Supermarket 1041 E Pacheco Blvd. 20 La Esperanza Mercado W Pacheco Blvd. 20 Dollar Tree Stores 1321 E Pacheco Blvd. 21 Savemart 1337 E. Pacheco Blvd Eleven Store 603 Pacheco Blvd. 20 Target T W Pacheco Blvd. 20 Walmart Store W Pacheco Blvd. Type 20 license = Off-sale beer and wine Type 21 iicense = Off-sale general PUBLIC COMMENT: A public hearing notice was published in the Los Banos Enterprise and notices were provided to adjacent property owners within a 300 foot radius of the subject property on January 1, 2010 As of the date of this staff report, no comments have been received CONCLUSION: The proposed use permit will conditionally authorize the off sale of general alcohol at the existing Wal-Mart store The requested use will provide convenience for residents to purchase all of their general merchandise needs, including the purchase of alcohol, at one store Staff believes this use meets the criteria of the Los Banos Municipal Code and is conforming to the Los Banos General Plan APPLICABLE ORDINANCES/GUIDELINES: Los Banos General Plan Los Banos Municipal Code ABC Act, California Business and Professions Code 1 California Department of Alcoholic Beverage Control AHCityRep.asp

17 Resolution # Use Permit # Planning Commission January 13, 2010 RECOMMENDATIONS: 1. That the Planning Commission makes the appropriate findings and recommends approval of Use Permit # to the Los Banos City Council for the use of a Type 21 alcohol license for the off-sale of general alcohol at Wal-Mart Store 2117 located at 1575 W Pacheco Blvd ATTACHMENTS: 1. Resolution # recommending approval of Use Permit # to the Los Banos City CounciL Exhibit A Exhibit B Exhibit C CEQA Findings Project Findings Conditions of Approval 2. Floor Plan 3. Site Specific Zoning Map 4. Request for Findings Statement 5. Summary of Alcohol Policy

18 RESOLUTION No A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LOS BANOS RECOMMENDING APPROVAL OF USE PERMIT # TO THE LOS BANOS CITY COUNCIL FOR THE OFF SALE OF GENERAL ALCOHOL FOR WALMART STORE 2117 LOCATED AT 1575 W. PACHECO BLVD. PROJECT NAME AND NUMBER: Walmart Use Permit # PROJECT DESCRIPTION: To authorize the use of a Type 21 alcohol license for the off-sale of general alcohol in the Highway Commercial zoning district. LOCATION: 1575 W Pacheco Blvd, more specifically described as Assessor's Parcel Number PROJECT APPLICANT AND PROPERTY OWNER: Walmart Stores, Inc. WHEREAS, the applicant has requested that the City of Los Banos consider a Use Permit to allow the use of a Type 21 alcohol license for the offsale of general alcohol for Walmart Store 2117 located at 1575 W Pacheco Blvd, further identified as Assessor's Parcel Number , and WHEREAS, a public hearing notice was advertised in the Los Banos Enterprise on January 1, 2010 and notices were mailed to property owners within a 300 foot radius of the project site as required by the Los Banos Municipal Code and Government Code Section 65091, and WHEREAS, the Los Banos Planning Commission has held a public hearing, reviewed said Use Permit request and staff report, has studied the compatibility of the applicant's request with adjacent land uses and has considered this request in accordance with the Use Permit criteria established in Section of the Los Banos MuniCipal Code; and WHEREAS, Use Permit # has been determined to be categorically exempt from the provisions of CEQA per Article 19, Section Existing Facilities.

19 WHEREAS, it has been found that the proposal will not contribute to undue proliferation of crime, loitering or create traffic problems or capacity issues, and WHEREAS, it has been found that the proposal will not adversely affect churches, schools or public areas, and WHEREAS, it has been found the proposal will not interfere with the movement of people along an important pedestrian street; and WHEREAS, the use will be operated so as to avoid disruption of residents sleep; and WHEREAS, the Planning Commission of the City of Los Banos hereby makes the appropriate findings set forth in Exhibit A (California Environmental Quality Act (CEQA) Findings), and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Los Banos does hereby recommend the approval of Use Permit # to the Los Banos City Council to permit the use of a Type 21 alcohol license for the off-sale of general alcohol for Walmart Store 2117 located at 1575 W Pacheco Blvd, subject to the Conditions of Approval set forth in Exhibit C, attached hereto and incorporated herein by this reference The foregoing resolution was introduced at a regular meeting of the Planning Commission of the City of Los Banos held on the 13 th day of January 2010 by Planning Commissioner who moved its adoption, which motion was duly seconded by Planning Commissioner, and the Resolution adopted by the following vote" AYES NOES ABSENT APPROVED" Chairman

20 ATTEST Norma Fuentes, Planning Commission Secretary

21 EXHIBIT A CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR USE PERMIT # (WALMART ) Pursuant to the requirements of California Public Resources Code Section et seq. (CEQA) and Title 14, California Code of Regulations et seq. (the CEQA Guidelines), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based The City of Los Banos Planning Commission hereby finds as follows 1 Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Guidelines, the project was evaluated within the context of those guidelines and found to be categorically exempt from the provisions of CEQA - Article 19, Section The request of Use Permit for the use of a Type 21 alcohol license for the off-sale of general alcohol involves the permitting and licensing of an existing private structure and involves no expansion of the use currently existing at Walmart Store 2117 located at 1575 W Pacheco Blvd, which currently includes the sale of beer and win pursuant to a Type 20 license 2 Use Permit # was adequately noticed on January 1, 2010 for consideration at a public meeting on January 13, No further environmental documentation is required as the Use Permit was contemplated and adequately analyzed in the initial review 4 The proposal is consistent with the Los Banos General Plan as it meets the use specified within 5 The proposal is consistent with the Los Banos Zoning Ordinance as it meets the use requirements specified within Sections to and of the Code

22 EXHIBIT B FINDINGS FOR APPROVAL OF USE PERMIT # WALMART FINDINGS FOR APPROVAL The City of Los Banos Planning Commission hereby finds as follows 1 The project is consistent with the City of Los Banos General Plan "Commercial" designation in that the project meets the use specified within. 2. The proposal is consistent with the Los Banos Municipal Code in that it meets the criteria and required findings as specified in Section of the Code 3 The proposed use will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use in that the proposed use will be conducted within a commercial facility and will not result in significant operational changes to the existing commercial area. 4 The proposed Use Permit is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City in that the requested use will be secondary to the sale of retail merchandise 5 The proposal will not contribute to undue proliferation of alcohol sales in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering and traffic problems and capacity The off-sale of beer and wine is already permitted at the existing Walmart Store located a 1575 W Pacheco Blvd Furthermore, Walmart requires all cashiers and managers to undergo a training program and also employ state of the art cash registers to recognize and prevent any sales of alcohol that may be detrimental to the public, as described in the Request for Findings Statement prepared by the applicant and filed with the Planning Department. 6. The proposal will not adversely affect adjacent or nearby churches, temples, or synagogues, public, parochial, or private elementary, junior high, or high schools, public parks or recreation centers; or public or parochial playgrounds in that provisions have been added to the Conditions of Approval (Exhibit C) to ensure that all nearby uses will not be adversely affected by the proposed use

23 7 The proposed use will not interfere with the movement of people along an important pedestrian street in that the exiting Walmart store is located within a commercial shopping center which is mostly accessible through vehicular travel. On-site consumption of alcohol will not be permitted at any time on this site 8 The proposed use will not disrupt the sleep of residents in that ingress and egress from the store is on the northern side, which is several hundred feet from the edges of the adjacent residential neighborhood

24 EXHIBITC CONDITIONS OF APPROVAL FOR USE PERMIT # WALMART Planning: 1. Use Permit is for Walmart Store 2117 located at 1575 W Pacheco Blvd.; more specifically identified as Assessor's Parcel Number' and the requested use shall expire after one (1) year from date of approval by the Los Banos City Council unless implemented. The City for cause may revoke this Use Permit. 2 The applicant shall comply with all other requirements, laws and policies of other governmental agencies in the conduct and operation of said business 3 The applicant shall obtain a Type 21 "Off-Sale General Alcohol" license as defined by the Department of Alcoholic Beverage Control and shall provide a copy of said license upon issuance by the Alcoholic Beverage Control to the Planning Department prior to the sale of alcohol on the premises 4. A copy of these Conditions of Approval and the California Department of Alcoholic Beverage Control license are required to be kept on the premises and presented to any law enforcement officer or authorized City official upon request. 5 The applicant shall be responsible for maintaining the property free of litter at all times in the parking lot area and the areas adjacent to the premises over which they have control 6 The Planning Commission reserves the right to review and/or revoke this permit should the City receive complaints or should the applicant not adhere to the Conditions of Approval The City may amend or impose new conditions to mitigate adverse affects in the neighborhood resulting from the use of alcohol 7 The applicant agrees to indemnify, hold harmless, and defend the City of Los Banos, its officers, agents and employees from any and all liability or claims that may be brought against the City of Los Banos arising out of its approval of this permit, or the environmental determination rendered in connection with the permit approval, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the City's active negligence

25 8 The exterior of the premises, including adjacent public sidewalks and the parking lot areas, shall be illuminated during all hours of darkness when the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel 9 The premises shall be operated primarily as a Walmart retail store as described in the application prepared by the applicant and filed with the Planning Department. The applicant shall also have monitoring cameras where the alcohol is located in the store and shall sell nothing smaller than a four pack of beer This restriction shall not apply to wine, which may be sold in single bottles of not less than 750 ml. Wine-coolers (malt based products) in bottles smaller than 750 ml may be sold in the manufacturer's pre-packaged containers and shall not be sold as singles 10 All distilled spirits shall be kept at the same location as tobacco products and shall require the assistance of a sales associate to deliver the product to customers 11 The premises of the subject site shall not be inconsistent with the Conditions of Approval and shall not be operated in a manner that deviates from the approved use permit or filed operational statement, which shall constitute a violation and may result in the revocation or modification of the permit upon written notice to the owner of the subject site 12 Authorization of a Use Permit granted pursuant to the provisions of Section of the Los Banos MuniCipal Code shall run with the land and shall continue to be valid upon change of ownership of the site or structure which was the subject of the use permit application provided the use shall be limited to all provisions of the Municipal Code and all conditions placed on approval of the Conditional Use Permit are continually met.

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28 SITE SPECIFIC ZONING MAP W PACHECO BLVD. (WALMART) 1- _ ~. IIiII. '. '.' _I -.~'.1iI '.,_.' PRAIRIE SPRiNGS.~,--( ,_. '-1 T"OI"'"T" '., ,/ I Highway Commercial D Planned Development

29 GRESHAM I SAVAGE ATTORNEYS AT LAW Aileen Wong(eJ!GreshamSavage com San Bernardino Office (909) fax (909) December 3, 2009 VIA FEDERAL EXPRESS Ms. Stacy Souza Planning Department City of Los Banos 520 "I" Street Los Banos, CA Re' Request for Finding of Public Convenience or Necessity Wal-Mart store no W Pacheco Blvd. Los Banos CA Dear Ms. Souza: The Department of Alcoholic Beverage Control has advised our office that Walrnart requires a finding of public convenience or necessity ("PCN") to sell liquor at store 2117 because the store is located in an overconcentrated census tract. Walmart asks that the City issue a finding of public convenience and necessity to permit the sale of liquor at this store. As you know, the City Issued a PCN finding to permit the store to sell beer and wine in 2008; and since that time, we believe the store has shown itself to be a responsible retailer The following facts are provided in support of the PCN finding. 1 Walmart sells products in store 2117 that are unique to the area. Walmart engages in general retail sales. Its inventory includes a wide variety of products not typically found under one roof. The difference or uniqueness of Walmart's "one-stop shopping" approach is in the convenience it provides to the customer The approval of this request will allow Walmart to add liquor to its extensive inventory and enhance the value of the store as a destination for "one-stop shopping." 2. Existing security at the Walrnart store' The Walmart store currently utilizes security cameras positioned at strategic locations in the store Walmart secures the alcohol display by repositioning ~~~ ~ RIVERSIDE 3750 University Avenue, Suite 250 Riverside, California Wdz;U SAN BERNARDINO 550 East Hospitality Lane, Suite 300 San Bernardino, California ~~!c1i'J\}(j'W]~~_CMt~ 9cp:

30 Ms. Stacy Souza Planning Department City of Los Banos December 3,2009 Page 2 one or more security cameras at a location where Walmart Risk Management employees can momtor the alcohol display area 3 Why the sale of liquor will not contribute to or aggravate crime in the area. State of the Art Cash Registers: Walmart's cash registers employ state of the art technology designed to help cashiers confirm a customer's age as part of every alcohol sales transaction. I am enclosing a list of Walmart's Responsible Vendor of Alcohol policies, which lists the steps a cashier must complete during an alcohol-sales related transaction to comply with Walmart's responsible sale of alcohol policy Security Cameras: As discussed above, Walmart positions security cameras over the alcohol display area and monitors the recording from the internal security post. The recordings are stored on site and can be made available to the Los Banos Police Department upon request Walmart already positions security cameras above the cashier registers to monitor sales transactions. The cameras allow Walmart to confirm whether cashiers input the required driver's license information when prompted to do so by the cash register (see the attached Responsible Vendor of Alcohol policy) The cameras record cashiers who "override" the cash register instead of checking a driver's license, and the recording provides Walmart with evidence to use when terminating a cashier When Walmart hires a cashier, the employee is advised of Walmart's corporate policy, which provides for the termination of any cashier who sells alcohol to a minor. Responsible Alcohol Sales Training Program: Walmart trains all cashiers and managers to sell alcohol in compliance with California law using a computerbased trainmg program. An employee must score 100 percent on the final test to begin working as a cashier Security in the Walmart Parking Lot: The Walmart parking lot is well-lit and the continual presence of employees returning carts to the cart corrals discourages loitering. The large store atmosphere, the well-lit parking lot, the training program, the security cameras, and the Responsible Sale of Alcohol policy, are all conducive to the responsible sale of alcoholic beverages at Walmart. With these security and educational measures in place, Walmart has successfully sold beer and wine under its existing license without trouble. Walmart expects the addition of liquor will increase WI365-California_ABC]roccdurcs

31 Ms. Stacy Souza Plannmg Department City of Los Banos December 3,2009 Page 3 customer convenience without increasing the number of service calls to the police department. Please call me if you have any questions or require additional information_ Very truly yours, A~~ Alicen Clark Wong, for GRESHAM SAVAGE NOLAN & TILDEN, A Professional Corporation Enclosures W 136S-Califomia _ABC ]roccdurcs