PLANNING COMMISSION MINUTES OF APRIL 3, 2014 The San Joaquin County Planning Commission met in regular session on April 3, 2014 at 6:30 p.m., in the Public Health/Planning Commission Auditorium, 1601 East Hazelton Avenue, Stockton, California. The meeting was called to order by Commissioner Villapudua. The Pledge of Allegiance to the flag was given by Randy Hamilton. Roll Call: (present) Commissioners Miguel Villapudua, Chairman Clem Lee, Vice Chairman Stan Morri Randy Hamilton Chris Kontos County Staff Mark Myles, County Counsel Alex Chetley, Department of Public Works Frank Girardi, Environmental Health Department Community Development Department Staff Kerry Sullivan, Director John Funderburg, Principal Planner Mo Hatef, Senior Planner Rick Griffin, Associate Planner Megan Aguirre, Associate Planner Stephanie Stowers, Assistant Planner Chuck Farano, Counter Manager Carla Raborn, Account Technician II APPROVAL OF MINUTES FROM THE MEETING OF MARCH 6, 2014 It was moved, seconded (Lee/Hamilton) and passed with a vote of 4-0 to approve the minutes. Lee, Hamilton, Kontos, Morri ABSTAIN: Villapudua P.C. MINUTES 1 4-3-14
1. VARIANCE APPLICATION NO. PA-1400007 OF ANDY C. ALEXANDER (C/O DILLON & MURPHY) to vary the minimum lot size for two parcels in the AG-40 (General Agriculture, 40-acre minimum) zone from 40 acres to 32.4 acres and 2.0 acres. The underlying project is a minor subdivision application to create two parcels. Parcel 1 to contain 2.0 acres and Parcel 2 to contain 32.4 acres. The project site is located at the south west corner of Peltier Road and De Vries Road, Lodi (Supervisorial District 4). (Continued from the Planning Commission meeting of March 6, 2014) Stephanie Stowers, Assistant Planner introduced the staff report into the record. Commissioner Kontos asked about the approval history of the project. Kerry Sullivan, Director explained that the original parcel map application was approved in 1975 and that the applicant never recorded a parcel map which was a condition of approval. The parcel map application subsequently expired and any new applications would be reviewed using the current Development Title regulations. Commissioner Morri asked staff, what is the current zoning of the parcel and what was the zoning at the time of the application in 1974? Kerry Sullivan stated the current zoning is AG-40 (General Agriculture, 40-acre minimum) and the previous zoning was GA-5 (General Agriculture, 5-acre minimum). PUBLIC HEARING OPENED: PROPONENTS: Joe Murphy, Engineer talked about the history of the project and explained the reasons for applying for the Variance. He went on to say that in granting this project the Planning Commission would not be allowing a major change in the area, as a number of properties in the area are similar to this. He explained that in the past the time limit for recording the parcel map was much shorter than it is today. He went on to say that the applicant was under the impression that the parcel map in his possession was recorded and the project was complete. OPPONENTS: Julianne Phillips, Farm Bureau stated, the Farm Bureau is in opposition to the request because the proposed request is inconsistent with the General Plan and the parcel does not meet the minimum size for a parcel under a Williamson Act Contract. REBUTTAL: Joe Murphy stated that his client has owned the property since 1955 and his goal is to create two parcels that he can deed to his daughters and wishes only to address the family needs. PUBLIC HEARING CLOSED: Commissioner Lee asked staff why was the property given two tax assessor parcel numbers? Kerry Sullivan stated that you can have your property assessed in many ways and that Mr. Murphy acknowledged that this is not a separate parcel. However, the property owner may have believed it to be separate. Ms. Sullivan explained that due to the fact that the parcel map was never recorded, the parcel change was never memorialized and that it was never created as a separate parcel. Ms. Sullivan explained that there are many examples of this situation on the assessor s maps and we caution our customers that although it is shown as a taxable parcel it does not mean it is not a separate legal parcel. P.C. MINUTES 2 4-3-14
Commissioner Hamilton stated that this project was approved at one point and said he believes that the owner believed this project was complete and is now trying to rectify the situation the best way possible. Commissioner Kontos stated he agreed with Commissioner Hamilton that this project was approved and the owner believed the project complete and is inclined to allow this project. FIRST MOTION: It was moved, seconded (Lee/Morri) with a vote of 2-3 to: 1. Deny Variance Application No. PA-1400007 because Finding No. 2 cannot be made in the affirmative. Lee, Morri Hamilton, Kontos, Villapudua Motion does not carry. SECOND MOTION: It was moved, seconded (Kontos/Hamilton) and passed with a vote of 3-2 to: 1. Approve the Negative Declaration; and 2. Approve Variance Application No. PA-1400007. Kontos, Hamilton, Villapudua Lee, Morri ABSENT: P.C. MINUTES 3 4-3-14
2. APPEAL OF THE COMMUNITY DEVELOPMENT DEPARTMENT S APPROVAL OF SITE APPROVAL APPLICATION NO. PA-1300177 OF RONNOCO PROPERTIES OF TRACY LP (C/O VERIZON WIRELESS) for a previously approved Site Approval application for the construction of a 100-foot tall monopole for cellular communications and ancillary equipment. The project site is located on the north side of an unnamed access road, 2,700 feet west of Lammers Road, 4,000 feet south of Eleventh Street, west of Tracy (Supervisorial District 5). Rick Griffin, Associate Planner, introduced the staff report into the record Commissioner Morri asked if it is required that a light be mounted on top of the pole? Kerry Sullivan, Director replied yes and read into the record the regulation covering the required light. Commissioner Kontos asked who approved this project? Kerry Sullivan responded that it was approved by the Community Development Department at staff level, with public notice as required by the Development Title for a Site Approval application. PUBLIC HEARING OPENED: PROPONENTS: Erin De Vargo, Verizon Cellular representative, explained how this property was chosen and the process for determining where the tower would be placed on the property. He discussed the existing road to the site and that it is maintained by the property owners located on the road. OPPONENTS: June Whitcomb, (25263 South Lammers Road) stated she is opposed to the project and has concerns about safety due to the trees on her property. She stated she received no public notice and did not know of the project until the Verizon Cellular crew appeared on-site at the proposed location. Troy Ermish, (25201 South Lammers Road) stated he did not receive a public notice. He stated that his biggest concern is to the adverse effects on the property values in the area. He went on to say that he does not want to look at a cell tower across from his property every day. He said he feels that the approval process is flawed. He stated that as one of those who pays to maintain the road he feels it is unfair to the property owners that Verizon will be using it and not paying to maintain the road. Steve Serpa, (25269 South Lammers Road) stated he owns two homes in the area and also feels this is not the appropriate location for this tower. He asked if the West Side Irrigation District had been notified? Rick Griffin responded yes, the West Side Irrigation District was sent a project referral. Dale Drayer, (25271 South Lammers Road) stated he has concerns over the maintenance of the road and the adverse effects of the cell tower on property values for homes in the project vicinity. Dan Leasure, (25333 South Lammers Road) stated he had received no public notification and he does not want this tower in his area and was not given the opportunity to oppose the project before it was approved. REBUTTAL: Erin De Vargo, Verizon representative stated that when looking at the proposed site with a group of Verizon employees he talked with two of the neighbors and he wished they would have expressed their concerns at that time. Commissioner Kontos asked if there was any chance of Verizon helping with the cost of road maintenance? P.C. MINUTES 4 4-3-14
Erin De Vargo, stated, that it could be looked into. PUBLIC HEARING CLOSED: Commissioner Morri expressed his concerns for the project and felt the neighbors had valid concerns. He asked staff about the notification process. Kerry Sullivan, Director responded that notifications had been mailed from a computer generated master list and many of the neighbors whom had spoken tonight are on the list. Commissioner Lee stated that he felt there was no collusion by the Community Development Department to not properly notify the neighbors. He stated he has seen many projects and the results of the Community Development Department notification procedure were always successful. He stated that this was not the appropriate place for this tower and that he felt Verizon could find a more appropriate site. Commissioner Kontos stated there might be a better way to contact the neighbors and get them together with Verizon and asked if Community Development could affect such a meeting and then bring it back to the Planning Commission? He also asked if the Commission could continue the project in order for Verizon to make contact with the neighborhood. Kerry Sullivan, Director explained that this is a responsibility that the project sponsors have and that if they are aware of opposition, they may want to reach out to the Community. She stated that as soon as the Community Development Department is aware of opposition or there is an appeal the applicant is immediately notified. She went on to explain that Community Development was not in the position to work as the applicants agent, we encourage the applicant to make contact with the Community, but the Community Development Department cannot make contact with neighbors on behalf of the applicant. Ms. Sullivan stated that it was within the Commission's power to continue the project until a specified date when it would be heard again. MOTION: It was moved, seconded (Lee/Morri) and passed with a vote of 5-0 to: 1. Deny Site Approval Application No. PA-1300177 because Finding No. 5 cannot be made in the affirmative. Kontos, Hamilton, Morri, Lee, Villapudua ABSENT: P.C. MINUTES 5 4-3-14
3. USE PERMIT APPLICATION NO PA-1300222 OF WILLIAMS FAMILY LTD. PTP. (C/O CANDACE WORLAND AND JOANNE BAGLEY) for a kennel operation for a maximum of forty (40) dogs. The kennel operation will be contained within a 0.58-acre area on an existing 68.62 acre parcel. The 4,291 square foot facility includes a 1,215 square foot kennel building with twenty-eight (28) kennels, a 1,104 square foot office, a 110 square foot restroom, a 1,400 square foot storage area, and a 462 square foot kitchen. The project site is located on the west side of N. Ray Road, 1,000 feet north of W. Woodbridge Road, northwest of Lodi (Supervisorial District 4). Megan Aguirre, Associate Planner, introduced the staff report into the record. PUBLIC HEARING OPENED: PROPONENTS: Candace Worland, applicant, gave a brief history of the business. She stated that they had the support of their surrounding neighbors. Commissioner Morri asked the size of the current facility and how is it set up for housing and dog runs? Candace Worland gave the project dimensions of the dog kennel and described the layout and size of the dog runs. Commissioner Hamilton asked what is the project acreage size and is it part of the 70.0 acre parcel? Candace Worland responded that they are buying the acreage on which they have the facility from the property owner and that a lot line adjustment application will be applied for at a later date. Don Chesney, project engineer discussed the waste from the kennel operation and stated that there would be no adverse effects to ground water or soil as the kennel staff would remove all solid waste from the project site and that this was a condition of approval. He went on to explain that due to the position and size of the kennel site this is not farmable land. OPPONENTS: Julianne Phillips, Farm Bureau stated that the Farm Bureau could not support this request because the project site is subject to a Farmland Security Zone contract and the noise created by the dogs at the facility and the additional traffic to the area. REBUTTAL: Candace Worland explained that although they could care for up to seventy animals at many times they had less then the permitted amount. She went on to explain that the animals were housed inside the kennel building in the early evenings and not allowed outside at night. PUBLIC HEARING CLOSED: MOTION: It was moved, seconded (Morri/Hamilton) and passed with a vote of 5-0 to: 1. Approve the Negative Declaration; and 2. Approve Use Permit Application No. PA-1300222 with the Findings and Conditions of Approval Contained in the Staff Report P.C. MINUTES 6 4-3-14
Kontos, Hamilton, Morri, Lee, Villapudua ABSENT: The hearing was adjourned at 8:30 p.m. MIGUEL VILLAPUDUA, Chairman *** KERRY SULLIVAN, Secretary P.C. MINUTES 7 4-3-14