Adjourned Planning Commission Meeting
Regular MeetingLos Banos, CA · May 16, 2016
Minutes
CITY OF LOS BANOS
PLANNING COMMISSION ADJOURNED MEETING MINUTES
MAY 16, 2016
ACTION MINUTES – These minutes are prepared to depict action
taken for agenda items presented to the Planning Commission. For
greater detail of this meeting refer to the electronic media (CD
and/or audio) kept as a permanent record.
CALL TO ORDER. Chairperson Spada called the Planning Commission Meeting to
order at the hour of 5:04 p.m.
PLEDGE OF ALLEGIANCE. The pledge of allegiance was led by Commissioner
McCoy.
ROLL CALL – MEMBERS OF THE PLANNING COMMISSION PRESENT: Planning
Commission Members John Cates, Erik Limon, Palmer McCoy, Tom Spada, and Susan
Toscano (arrived at 5:15 p.m.); Arkady Faktorovich and Refugio Llamas absent.
STAFF MEMBERS PRESENT: Senior Planner Stacy Elms, Planning Technician
Sandra Benetti, and City Attorney William Vaughn.
CONSIDERATION OF APPROVAL OF AGENDA. Motion by McCoy, seconded by
Limon to approve the agenda as submitted. The motion carried by the affirmative action
of all Planning Commission Members present; Faktorovich, Llamas, and Toscano
(arrived at 5:15 p.m.) absent.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS 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 FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE
POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Chairperson
Spada opened the public forum.
No one came forward to speak and the public forum was closed.
PUBLIC HEARING – TO CONSIDER SITE PLAN REVIEW #2016-04 FOR THE
REMODEL OF AN EXISTING SINGLE TENANT RETAIL BUILDING OF
APPROXIMATELY 85,000 SQUARE FEET ON APPROXIMATELY 6.77 ACRES TO A
MULTI-TENANT RETAIL BUILDING IN WHICH SAVE MART WILL OCCUPY
APPROXIMATELY 52,000 SQUARE FEET LOCATED WITHIN THE HIGHWAY
COMMERCIAL ZONING DISTRICT AT 1400 S. MERCEY SPRINGS ROAD, MORE
SPECIFICALLY IDENTIFIED AS ASSESSOR’S PARCEL NUMBER: 083-130-040.
Senior Planner Elms presented the staff report, which included a PowerPoint
presentation, and noted that the applicant was present to answer any questions.
Commissioner Toscano arrived and took her seat at the dais at 5:15 p.m.
Commissioner McCoy inquired if shopping carts were supposed to be inside when this
project was discussed during the design review study session.
Senior Planner Elms stated that the carts could not fit inside due to this being an
existing building, how the architect is proposing a wall screening with the same material
at loading dock, and the Conditions of Approval will require a locking system for
shopping carts.
Chairperson Spada opened the public hearing. BEN SIMONSON, Dahlin Architects,
spoke on behalf of the applicant regarding how new conceptual layouts try to internalize
the shopping carts but they couldn’t do the same for this building, and they will screen
two rows of shopping carts on both sides of entrance.
Commissioner McCoy inquired if there will definitely be three tenants.
Senior Planner Elms stated that the southeastern space was removed because staff
was going to require a storefront so there will be three tenant spaces.
Chairperson Spada spoke of how he dislikes the entrance from Mercey Springs Road
although it is better than the previous version, his concern regarding the design of the
entrance to the parking lot, thinks there is a better alternative, being willing to approve
everything except the entrance and require them to do a traffic study, and how the
possible exit on Pacheco Boulevard would only accommodate those leaving the plaza
going east on the highway.
Senior Planner Elms cautioned the Commission on requiring a traffic study, the City
would have to take comments from Caltrans and putting medians on the highway, and
how this would impact other shopping centers by restricting free movement.
Commissioner Limon spoke of how this is not an easy fix, the anticipation of an
encroachment on Pacheco Boulevard is an alternative, and doesn’t think this is going to
be a big issue.
Commissioner Cates spoke of his concern that this one entrance shouldn’t be a deal
breaker for the project and inquired about mitigating traffic on Pacheco Boulevard.
Senior Planner Elms stated that Caltrans could mitigate whether it’s a four way stop or
traffic light but it would be up to Caltrans because they have jurisdiction.
KATHY BALLARD, Los Banos, spoke of size of the sign for the plaza and suggested
the applicant get a variance for an increase in size.
Senior Planner Elms spoke of how the property owner is aware of code requirements
for signage and has not yet requested for a Conditional Use Permit.
No one else came forward to speak and the public hearing was closed.
There was discussion among commissioners, staff, and the applicant regarding how the
property owner doesn’t have control of the entire shopping center and the applicant
working with an engineer to design the Pacheco Boulevard encroachment.
Motion by McCoy, seconded by Limon to adopt Planning Commission Resolution No.
2016-21 – Approving Site Plan Review #2016-04 for the Remodel of the Former Kmart
Building from a Single Tenant Retail Building to a Multi-tenant Commercial Building
Located at 1400 S. Mercey Springs Road, More Specifically Identified as Assessor’s
Parcel Number: 083-130-040. The motion carried by the affirmative action of all
Planning Commission members present; Faktorovich and Llamas absent.
DESIGN REVIEW STUDY SESSION – DEVELOPMENT OF NEW 2,790 SQUARE
FOOT, SINGLE STORY OFFICE BUILDING LOCATED AT 1317 S. SIXTH STREET
IN THE HIGHWAY-COMMERCIAL ZONING DISTRICT. Senior Planner Elms
presented the staff analysis, which included a PowerPoint presentation, and noted that
the builder was present to answer any questions.
There was discussion among the Commissioners, staff, and applicant regarding
architecture including the two different elevation renderings, how most preferred the
green exterior, the benefits and drawbacks of a metal roof versus the composite roof,
and how the applicant will propose putting a vent on the west elevation wall so it wont
have to be on door.
There was discussion among the Commissioners, staff, and applicant regarding
landscaping.
Commissioner McCoy spoke of his concern about putting in trees and landscaping
during a drought and inquired where the City gets the drought tolerant landscaping
specs.
Senior Planner Elms stated that the City standards include a tree list and species list,
how they are all drought tolerant, they have to pick from our list, and this being a
preliminary plan.
Commissioner McCoy inquired about the last update for the standards.
Senior Planner Elms stated that she was not positive but the species list was last
updated in 2007.
There was discussion among the Commissioners, staff, and applicant regarding lighting.
Senior Planner Elms stated that the applicant will be required by City standards to use
LED bulbs and how the photometrics plan was included in the staff report.
No action taken, suggestions to applicant only.
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT REPORT. Senior
Planner Elms thanked the Commission for coming out to this adjourned meeting, spoke
of the next several agendas being very full, how107 single family residential permits
have been pulled year to date, and how the conservative goal was 200 by the end of
December.
Commissioner McCoy inquired if the rest of Merced County was experiencing the same
growth.
Senior Planner Elms stated that she thinks we are growing at a higher rate than rest of
communities in the County, how she thinks its due to relation to bay area, and how
Atwater is seeing a lot of commercial development as well as Merced.
Commissioner McCoy inquired about a property at the far east side of town where there
has been activity.
Senior Planner Elms stated that staff has not yet received plans for that, how the
property has exchanged hands and there is a new property owner, and how the
property owner has been cleaning up the entrances to town.
Commissioner McCoy inquired about the status of the courthouse.
Senior Planner Elms stated that she has not been involved in that process but how
some branches may open in July.
City Attorney Vaughn stated that the courthouse may open the first week of September,
how two departments will open at first, and how they will provide a larger array of types
of matters including family law.
Chairperson Spada inquired when will they demo the cement slabs.
City Attorney Vaughn stated that a different property owner owns that parcel and has
promised to do so.
PLANNING COMMISSION MEMBER REPORTS.
CATES: Spoke of how he drove by the entrance to former Lowe’s building and they are
doing a great job.
Senior Planner Elms spoke of how she is pleased with how design came out as well as
the attention to detail on the 99 Cent Store.
FAKTOROVICH: Absent.
LIMON: No report.
LLAMAS: Absent.
McCOY: Thanked staff and apologized that some questions should be asked prior to
the meeting.
SPADA: Spoke of how the previous meeting was the toughest yet, how it worked out,
how one can’t predict what will happen during a public hearing, thanked staff and the
Commission for working it all out and with dignity, and also for showing up tonight.
TOSCANO: Thanked staff.
ADJOURNMENT: The meeting was adjourned at the hour of 6:15 p.m.
.
APPROVED:
/s/ Tom Spada
Tom Spada, Chairperson
ATTEST:
/s/ Sandra Benetti
Sandra Benetti, Planning Technician
Agenda
LOS Banos
At the Crossroads of California
www.losbanos.org
AGENDA
ADJOURNED
PLANNING COMMISSION
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
MAY 16, 2016
If you require special assistance to attend or participate in this meeting, please call the
Planning Secretary@ (209) 827-7000 extension 118 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990.
••• fI* • • • • "'.*."'.'"
Sf requiere asistencia especial para atender 0 participar en esta junta por favor lIame a /a of/cina
de la Seeretaria del Departamento de PianifICBci6n 81 (209) 827-7000 extensi6n 118
a /0 menos de 48 horas previas de /8 junta.
La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990.
Any writings or documents provided to a majority of the Planning Commission
regarding any item on this agenda will be made available for pubfic 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.org.
************ *
Cualquier escritura 0 los documentos proporcionaron a una mayoria del Departamento de Planiflcaci6n
con respecto a cualquier articulo en este orden del dia sera hecho disponible para la
inspecci6n publica en la reunion y en la oficina del Secretaria del Departamento de Pfanificaci6n del
City Hall, 520 J Street, Los Banos, California
durante horas de oficina nonnales. Ademas, tales escrituras y los documentos
pueden ser anunciados en el website de la Ciudad en www.losbanos.Oro,
1. CALL TO ORDER. 5:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (Planning Commission Members)
Cates _' Faktorovich _, Limon _, Llamas _' McCoy _' Spada _'
Toscano
Los Banos Planning Commission Agenda - May 16, 2016 Page 1 of 3
4. APPROVAL OF AGENDA.
Recommendation: Approve the agenda as submitted.
5. 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.
6. 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 - to Consider Site Plan Review #2016-04 for the Remodel of
an Existing Single Tenant Retail Building of Approximately 85,000 Square
Feet on Approximately 6.77 Acres to a Multi-tenant Retail Building in which
Save Mart will Occupy Approximately 52,000 Square Feet Located within
the Highway Commercial Zoning District at 1400 S. Mercey Springs Road,
More Specifically Identified as Assessor's Parcel Number: 083-130-040.
1) Planning Commission Resolution No. 2016-21 - Approving Site Plan
Review #2016-04 for the Remodel of the Former Kmart Building from a
Single Tenant Retail Building to a Multi-tenant Commercial Building
Located at 1400 S. Mercey Springs Road, More Specifically Identified
as Assessor's Parcel Number: 083-130-040.
Recommendation: Receive staff report, open the public hearing, receive public comment,
close the public hearing, and adopt the resolution as submitted.
7. DESIGN REVIEW STUDY SESSION - DEVELOPMENT OF NEW 2,790
SQUARE FOOT, SINGLE STORY OFFICE BUILDING LOCATED AT 1317 S.
SIXTH STREET IN THE HIGHWAY-COMMERCIAL ZONING DISTRICT.
Recommendation: Receive staff report and provide initial feedback to the applicant.
8. COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT REPORT
9. COMMISSIONER REPORTS.
A. Cates
B. Faktorovich
C. Limon
D. Llamas
Los Banos Planning Commission Agenda - May 16, 2016 Page 2 of 3
E. McCoy
F. Spada
G. Toscano
10. 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 not 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 9-3.2326)
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 number or project title, and
set forth in concise statement(s) the reasons for the appeal. (Los Banos Municipal Code Sections 9-
2.807)
Appeals must be in writing and include the appellant's name and address and original signature. A
filing fee of $150.00 must accompany the notice of appeal.
I hereby certify under penalty of pe~ury under the laws of the State of California that the foregoing agenda
was po on the City Hall bulleti board not less than 72 hours prior to the meeting.
Dated this 13th day of May 2016
Los Banos Planning Commission Agenda May 16, 2016 Page 3 of 3
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