City of Los Banos

LOS BanosAt the Crossroads of California

www.losbanos.org

AGENDAPLANNING COMMISSION

CITY HALL COUNCIL CHAMBERS520 J Street

Los Banos, California

OCTOBER 26, 2016

If you require special assistance to attend or participate in this meeting, please call thePlanning 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.***********"'.***

Si requiere asistencia especial para atender 0 participar en es/a junta por favor lIame a la oricinade la Seeretaria del Departamento de Plandicaci6n al (209) 827-7000 extensi6n 118

a /0 menos de 48 horas previas de la junta.

La Cuidad de Los Banos cumpfe con /a Acta de Americanos con Deshabilidad (ADA) de 1990.

Any writings or documents provided to a majority of the Planning Commissionregarding 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, Californiaduring normal business hours. In addition, such writings and documents may be posted

on the City's website at www.losbanOS.OfQ.'" "''''''' .... ''''''.

Cualquier escritura 0 los documentos proporcionaron a una mayoria del Departamento de Planificaci6ncon respecto a cualquier articulo en este orden del dia sera hecho disponible para la

inspecci6n publica en la reuni6n y en la oflCina del Secretaria del Departamento de Planfficaci6n delCity Hall, 520 J Street, Los Banos, California

durante horas de oficina normales. Ademas, tales escrituras y los documentospueden ser anunciados en el website de la Ciudad en www.losbanoS.ora.

...I

1. CALL TO ORDER. 7:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (Planning Commission Members)

Cates _' Faktorovich _, Limon _' Llamas _, McCoy _' Spada_,Toscano

4. APPROVAL OF AGENDA.

Los Banos Planning Commission Agenda - October 26, 2016 of 3

Recommendation: Approve the agenda as submitted.

5. CONSIDERATION OF APPROVAL OF THE ACTION MINUTES FOR THEREGULAR PLANNING COMMISSION MEETING OF SEPTEMBER 28,2016.

Recommendation: Approve the minutes as submitted.

6. CONSIDERATION OF APPROVAL OF THE ACTION MINUTES FOR THEREGULAR PLANNING COMMISSION MEETING OF OCTOBER 12, 2016.

Recommendation: Approve the minutes as submitted.

7. PUBLIC FORUM: Members of the public may address the Commission on anyitem of public interest that is within the jurisdiction of the Commission, includingagenda and non-agenda items. No action will be taken on non-agenda items.Speakers are limited to a five (5) minute presentation.

8. PUBLIC HEARINGS: If you challenge the proposed action as described hereinin court, you may be limited to raising only those issues you or someone elseraised at the public hearing described herein or in written correspondencedelivered to the City at, or prior to, the public hearing.

A. Public Hearing - to Consider Site Plan Review #2016-10 for theConstruction of a New 5,690 Square Foot Multi-tenant Restaurant Buildingfor LRG Investors, LLC and also Consider a Mitigated Negative Declarationfor the Project Site Located within the Highway Commercial Zoning Districtin the Stonecreek Plaza at 1335 W. Pacheco Boulevard, More SpecificallyIdentified as Assessor's Parcel Number: 025-430-010-04.

1) Planning Commission Resolution No. 2016-50 - Approving Site Planapproving Site Plan #2016-10 for the Development of a 5,690 SquareFoot Building for Two (2) Restaurants with One Drive Thru Located at1335 W. Pacheco Boulevard, More Specifically Identified asAssessor's Parcel Number: 430-010-043.

Recommendation: Receive staff report, open the public hearing, receive public comment,close the public hearing, and adopt the resolution as submitted.

B. Public Hearing - to Consider a CEQA Categorical Exemption andConditional Use Permit to Allow the Use of a Commercial Storage Containerfor Zoomy'sl7-Eleven, Inc. Located at 140 W. Pacheco Boulevard, MoreSpecifically Identified as Assessor's Parcel Number: 027-154-019.

1) Planning Commission Resolution No. 2016-49 - Approving ConditionalUse Permit #2016-18 for the use of a Commercial Storage Containerfor 7 Eleven, Inc. (dba Zoomy's) Located at 140 W. PachecoBoulevard.

Recommendation: Receive staff report, open the public hearing, receive public comment,close the public hearing, and adopt the resolution as submitted.

Los Banos Planning Commission Agenda - October 26, 2016 of 3

9. DESIGN REVIEW STUDY SESSION - THE CONSTRUCTION OF A NEW55,180 SQUARE FOOT BUILDING FOR USE AS A WAREHOUSE WITHTHREE (3) LOADING DOCKS FOR KAGOME IN THE INDUSTRIAL ZONINGDISTRICT.

Recommendation: Receive staff analysis and provide initial feedback to the applicant

10. COMMUNITY &ECONOMIC DEVELOPMENT DEPARTMENT REPORT.

11. COMMISSIONER REPORTS.

A Cates

B Faktorovich

C. Limon

D. Llamas

E. McCoy

F. Spada

G. Toscano

12. ADJOURNMENT.

APPEAL RIGHTS AND FILING PROCEDURES

Any person dissatisfied with an act or determination of the Planning Commission may appeal suchact or determination to the Planning Commission by filling written notice with the PlanningCommission Secretary not later than five (5) business days (excluding holidays) after the day onwhich the act or detenmination was made. An appeal must state the act or detenmination which isbeing appealed, the identity of the applicant and hislher interest in the matter, and set forth in concisestatement(s) the reasons which render the Commission's decision unjustified or inappropriate. (LosBanos Municipal Code Section 9-3.2326)

Concerning an action taken by the Planning Commission related to Chapter 2 Articles 1 through 17 ofthe Los Banos Municipal Code "Subdivisions", if a subdivider or other affected property owner isdissatisfied with any action of the Commission with respect to a tentative map or the nature andextent of improvements recommended or required he/she may within fifteen (15) days after suchaction appeal to the Planning Commission Secretary for a pUblic hearing on the matter. An appealmust state the action being appealed, identify the agenda item by agency number or project title, andset forth in concise statement(s) the reasons for the appeal. (Los Banos Municipal Code Sections 92.807)

Appeals must be in writing and include the appellant's name and address and anginal signature. Afiling fee of $150.00 must accompany the notice of appeal.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agendawas posted on the City Hall bull l' ar not Jess than 72 hours prior to the meeting.

Los Banos Planning Commission Agenda - October 26, 2016

Dated this 21 51 day of October 2016

of 3

CITY OF LOS BANOSPLANNING COMMISSION MEETING MINUTES

SEPTEMBER 28,2016

ACTION MINUTES - These minutes are prepared to depict actiontaken for agenda items presented to the Planning Commission. Forgreater detail of this meeting refer to the electronic media (CDand/or audio) kept as a permanent record.

CALL TO ORDER. Chairperson Spada called the Planning Commission Meeting toorder at the hour of 7:00 p.m.

PLEDGE OF ALLEGIANCE. The pledge of allegiance was led by CommissionerLimon.

ROLL CALL - MEMBERS OF THE PLANNING COMMISSION PRESENT: PlanningCommission Members John Cates, Erik Limon, Palmer McCoy, Tom Spada, and SusanToscano; Arkady Faktorovich and Refugio Llamas absent.

STAFF MEMBERS PRESENT: Senior Planner Stacy Elms, Planning TechnicianSandra Benetti, and City Attorney William Vaughn.

CONSIDERATION OF APPROVAL OF AGENDA. Motion by McCoy, seconded byCates to approve the agenda as submitted. The motion carried by the affirmative actionof all Planning Commission Members present; Faktorovich and Llamas absent.

CONSIDERATION OF APPROVAL OF THE ACTION MINUTES FOR THE REGULARPLANNING COMMISSION MEETING OF AUGUST 10, 2016. Motion by Cates,seconded by Limon to approve the minutes as submitted. The motion carried by theaffirmative action of all Planning Commission Members present; Faktorovich andLlamas absent.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCILMEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THEJURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS.NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARELIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES AREPOSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. ChairpersonSpada opened the public forum. No one came forward to speak and the public forumwas closed.

PUBLIC HEARING - TO CONSIDER MOBILE VENDOR PERMIT #2016-03 TOALLOW THE OPERATION OF A MOBILE FOOD TRUCK TO VEND ON PRIVATEPROPERTY LOCATED AT 80 WEST G STREET, SUITE C, MORE SPECIFICALLYIDENTIFIED AS ASSESSOR'S PARCEL NUMBER: 081-190-008. Senior Planner

Elms presented the staff report, which included a PowerPoint presentation, noting thatthe applicant was present to answer any questions.

Chairperson Spada opened the public hearing. KATHY BALLARD, Los Banos, inquiredif the brewery will be able to have both the front entrance and rear roll up door open atthe same time.

Senior Planner Elms confirmed that it would be fine, spoke of how they won't be allowedto have alcohol outside, and spoke of how the brewery wants to have an outdoorseating area in front so staff will look into that.

Commissioner Limon inquired if the applicant can do elotes.

Irene Mendoza, applicant's representative, stated that they can do elote and will alsohave fresh coconut water.

No one else came forward to speak and the public hearing was closed.

Motion by Limon, seconded by McCoy to adopt Planning Commission Resolution No.2016-46 - Approving Mobile Vendor Permit #2016-03 for the Operation of a MobileTaco Truck on Private Industrial Property Located at 80 West G Street, Suite C. Themotion carried by the affirmative action of all Planning Commission Members present;Faktorovich and Llamas absent.

DESIGN REVIEW STUDY SESSION - THE CONSTRUCTION OF A NEW 8,712SQUARE FOOT AUTO PARTS STORE LOCATED AT THE NORTHWEST CORNEROF PACHECO BOULEVARD AND SIXTH STREET IN THE HIGHWAYCOMMERCIAL ZONING DISTRICT. Senior Planner Elms presented the staff report,which included a PowerPoint presentation, noting the Planning Commission'srecommendations from the previous two Design Review Study Sessions and noted thatthe applicant's representative was present to answer any questions.

Justin Petersberg, Architect with Esterly Schneider & Associates, spoke of theenhancements made to the building in accordance with the Commission'srecommendations.

Chairperson Spada spoke of his appreciation for the changes made but would like tosee larger plans submitted for easier review, suggested putting in LED lighting tohighlight the arches to give building a little more pop, and how it looks like the crown atthe top needs some shaping or dimensioning in the stucco to help break it up.

Commissioner Cates spoke of how he would like to see a bell tower arch and suggestedsinking it in a little and put some semblance of the bell shape there.

Senior Planner Elms spoke of how the Planning Commission discussed the landscapingwhen the item was brought forward last time including their recommendation of addingriver rock to the northeast section of the parcel.

Senior Planner Elms spoke of the lighting plans that came forward last time and how nocomments were made on that.

KATHY BALLARD, Los Banos, inquired if the hand troweling was going to be circularlike Balatti's building.

Senior Planner Elms responded that the troweling will be more lineal and spoke of howthis is a characteristic of our design guidelines.

Ms. Ballard inquired if there would be an issue with Caltrans by using river rock forlandscaping.

Senior Planner Elms responded that there won't be an issue and spoke of how Caltranssupports having drought tolerant landscaping.

Ms. Ballard spoke of her concern regarding shrubs that aren't trimmed and could causea visual blockage.

Senior Planner Elms spoke of a landscaping maintenance agreement with Public Worksthat will be part of the conditions in which it be inspected annually with Public Works.

Initial feedback provided to applicant, no action taken.

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT REPORT. SeniorPlanner Elms reported that we have received submittal for a Site Plan Review for a5,500 square foot building for two restaurant tenants in the Stonecreek Plaza which willbe coming to Planning Commission for Design Review on October 12th and how therewill also be a couple of tentative maps coming forward.

Commissioner McCoy inquired how many building permits have been issued for homesso far.

Senior Planner Elms stated that we have issued 180 building permits for single familyresidences with about 95 finaled through July 30th

•

Commissioner McCoy inquired what her expectation is for end of year.

Senior Planner Elms responded that perhaps between 230-250 building permits forsingle family residences and stated that this is a conservative number.

Commissioner McCoy inquired about a the Site Plan Review near Quizno's.

Senior Planner Elms stated that the applicant is preparing a traffic study, spoke of howthey are advertising for tenants, and still moving forward.

Commissioner McCoy asked for an update on the funeral home.

Senior Planner Elms spoke of how they are working on tenant improvements with theBuilding Department.

Commissioner McCoy inquired about the status of Prime Shine Car Wash.

Senior Planner Elms stated that they are expecting the building permit applicationsubmittal any day now and spoke of how Los Banos as next for building permitsbecause they were finishing with the Patterson location first.

Commissioner Limon inquired about the traffic control issue at San Luis Street andMercey Springs Road.

Senior Planner Elms responded that it's a state route and up to Caltrans to see if theintersection meets warrants for a signal, how new development can trigger it as well,and how there is a proposal for 25 units off of Racquet Club Drive but it doesn't meetwarrants for a traffic signal.

PLANNING COMMISSION MEMBER REPORTS.

CATES: No report.

FAKTOROVICH: Absent.

LIMON: No report.

LLAMAS: Absent.

McCOY: Complimented staff who does a great job of answering questions.

SPADA: No report.

TOSCANO: Reminded all that the Tomato Festival will take place on Saturday, October151 with no admission fee and spoke of how it is a great event for the family.

ADJOURNMENT: The meeting was adjourned at the hour of 7:39 p.m.

APPROVED:

ATTEST:

Sandra Benetti, Planning Technician

Tom Spada, Chairperson

CITY OF LOS BANOSPLANNING COMMISSION MEETING MINUTES

OCTOBER 12, 2016

ACTION MINUTES - These minutes are prepared to depict actiontaken for agenda items presented to the Planning Commission. Forgreater detail of this meeting refer to the electronic media (CDand/or audio) kept as a permanent record.

CALL TO ORDER. Chairperson Spada called the Planning Commission Meeting toorder at the hour of 7:00 p.m.

PLEDGE OF ALLEGIANCE. The pledge of allegiance was led by CommissionerCates.

ROLL CALL - MEMBERS OF THE PLANNING COMMISSION PRESENT: PlanningCommission Members John Cates, Arkady Faktorovich, Palmer McCoy, and TomSpada; Erik Limon, Refugio Llamas, and Susan Toscano absent.

STAFF MEMBERS PRESENT: Senior Planner Stacy Elms, Planning TechnicianSandra Benetti, and City Attorney William Vaughn.

CONSIDERATION OF APPROVAL OF AGENDA. Motion by Cates, seconded byMcCoy to approve the agenda as submitted. The motion carried by the affirmativeaction of all Planning Commission Members present; Limon, Llamas, and Toscanoabsent.

CONSIDERATION OF APPROVAL OF THE ACTION MINUTES FOR THE REGULARPLANNING COMMISSION MEETING OF AUGUST 24. 2016. Motion by McCoy,seconded by Cates to approve the minutes as submitted. The motion carried by theaffirmative action of all Planning Commission Members present; Limon, Llamas, andToscano absent.

CONSIDERATION OF APPROVAL OF THE ACTION MINUTES FOR THE REGULARPLANNING COMMISSION MEETING OF SEPTEMBER 14. 2016. Motion by McCoy,seconded by Cates to approve the minutes as submitted. The motion carried by theaffirmative action of all Planning Commission Members present; Limon, Llamas, andToscano absent.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCILMEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THEJURISDICTION OF THE CITY: INCLUDES AGENDA AND NON·AGENDA ITEMS.NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARELIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES AREPOSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Chairperson

Spada opened the public forum. No one came forward to speak and the public forumwas closed.

PUBLIC HEARING - TO CONSIDER SITE PLAN REVIEW #2016-05 FORO'REILLY'S AUTO ENTERPRISES, LLC FOR THE CONSTRUCTION OF A NEW8,712 SQUARE FOOT AUTO PARTS STORE ON 1.06 ACRES AND A CEQACATEGORICAL EXEMPTION FOR THE PROJECT SITE LOCATED WITHIN THEHIGHWAY-COMMERCIAL ZONING DISTRICT AT THE NORTHWEST CORNER OFPACHECO BOULEVARD AND SIXTH STREET, MORE SPECIFICALLY IDENTIFIEDAS ASSESSOR'S PARCEL NUMBERS: 026-044-041, 042, 043, AND 044. SeniorPlanner Elms presented the staff report, which included a PowerPoint presentation,noting that the applicant's representative was present to answer any questions.

Justin Petersburg, Architect with Esterly Schneider & Associates, was present on behalfof the applicant.

Chairperson Spada thanked the applicant on making this a quality project and spoke ofthe importance of this location at Sixth Street and Pacheco Boulevard.

Chairperson Spada opened the public hearing. KATHY BALLARD, Los Banos, inquiredabout the feasibility for delivery drivers to enter and exit the lot to make; Senior PlannerElms explained that the Project Review Board had already reviewed this concern andexplained that there is a truck turning exhibit as part of the staff report that shows thetruck route for entering, loading, and exiting.

No else one came forward to speak and the public hearing was closed.

Motion by Faktorovich, seconded by Cates to adopt Planning Commission ResolutionNo. 2016-47 - Approving Site Plan #2016-05 for the Construction of an 8,712 SquareFoot Retail Building for O'Reilly Auto Parts Located on the Northwest Corner of SixthStreet and Pacheco Boulevard, More Specifically Identified as Assessor's ParcelNumbers: 026-044-041, 042, 043, and 044. The motion carried by the affirmative actionof all Planning Commission Members present; Limon, Llamas, and Toscano absent.

PUBLIC HEARING - TO CONSIDER A SITE PLAN REVIEW #2016-09 FOR THECONSTRUCTION OF A NEW 4,800 MULTI-TENANT RETAIL BUILDING FOR THEVIEIRA COMPANY AND A CEQA CATEGORICAL EXEMPTION FOR THE PROJECTSITE LOCATED WITHIN THE HIGHWAY-COMMERCIAL ZONING DISTRICT ON THESOUTHWEST CORNER OF ROMERO STREET AND MERCEY SPRINGS ROAD AT305 MERCEY SPRINGS ROAD, MORE SPECIFICALLY IDENTIFIED ASASSESSOR'S PARCEL NUMBER: 025-133-006. Senior Planner Elms presented thestaff report, which included a PowerPoint presentation, noting that the applicant'srepresentative was present to answer any questions.

Edmond Jacobs, Edmond Jacobs Architect, was present on behalf of the applicant.

Chairperson Spada opened the public hearing.

Chairperson Spada thanked Mr. Jacobs for all his work on the project, inquired aboutthe southern elevation and the blank wall between the two columns, and inquired if theycan put some kind of shape there to break it up

Senior Planner Elms recommended incorporating the wall trellis that is also on theeastern elevation.

Mr. Jacobs responded that the eastern side of the building is very close to the driveway,how he was trying to avoid any overhang that goes over the driveway, and spoke ofmaybe incorporating more expansion lines and integrate channels which would givemore of a break.

Chairperson Spada suggested doing shape form about a foot or two down from the topto break it up.

Mr. Jacobs responded that he will do some design element applied to the wall instead ofoverhanging.

Commissioner Faktorovich spoke of how he likes the design, his preference forStyrofoam that you can put stucco over and incorporate that for the blank wall.

Mr. Jacobs responded that he will put some applied element there that will mimic thearch.

TOM HUNT, Los Banos, spoke of how he owns property adjacent to this property, howthere is an existing fence on his side that is being engineered at the moment, how it wassurveyed and is six inches inside his property, wanted to make sure it was clear that thefence was not on the property line, and also clarified that his building will be blocking thevisibility of the southern elevation.

JOE VIEIRA, Property Owner, spoke of he is developing this property, how they havealready surveyed the property and lines were marked, how the building will be locatedat corner of Romero Street and Mercey Springs Road so it will not be near the southernor western sides of the property, and stated that he will be putting a laundrymat in thelarger suite.

Commissioner McCoy thanked Mr. Vieira.

Commissioner Cates spoke of his appreciation for Mr. Vieira doing an infill project herein town and encouraged him to spread the word to fellow developers.

No one else came forward to speak and the public hearing was closed.

Senior Planner Elms clarified that the Planning Commission should add an amendmentto the motion to say that a design element be incorporated into the south elevation asapproved by the Senior Planner.

Motion by McCoy, seconded by Cates to adopt Planning Commission Resolution No.2016-48 - Approving Site Plan #2016-09 for the Construction of a 4,800 Square FootMulti-tenant Retail Building Located at 305 Mercey Springs Road, More SpecificallyIdentified as Assessor's Parcel Number: 025-133-006 with the amendment that a designelement be incorporated into the south elevation as approved by the Senior Planner.The motion carried by the affirmative action of all Planning Commission Memberspresent; Limon, Llamas, and Toscano absent.

DESIGN REVIEW STUDY SESSION - THE CONSTRUCTION OF A NEW 5,690SQUARE FOOT BUILDING FOR TWO RESTAURANT TENANTS LOCATED AT 1335W. PACHECO BOULEVARD IN THE HIGHWAY-COMMERCIAL ZONING DISTRICT.Senior Planner Elms presented the staff report, which included a PowerPointpresentation, noting that the applicant's representative was present to answer anyquestions.

Ryan Nickelson, LRG Investors LLC, and Shelly Kibler, Kibler & Kibler Architecture &Engineering, were present on behalf of the applicant.

Commissioner Faktorovich complimented the architect on the design and suggestedincreasing the height of the trellis above the window on the eastern elevation andsouthern elevation to reduce flatness of wall.

Commissioner Cates compared the eastern and western elevations, noted that theywere not symmetrical, suggested the addition of a fake window with an awning above itor timber trellis.

Chairperson Spada suggesting using some shapes and stucco to cut up the flatness,how the wainscoting should be the same type of masonry on the building, and how thatwould help break up the flatness of the walls.

Mr. Nickelson responded that there is quite a bit of landscaping along the elevation witha drive thru that has a planter with several shrubs planted along there.

Ms. Kibler responded that this particular elevation was designed this way because itwas hardly exposed and really only visible to those who would be in the drive thru.

Commissioner Cates commented that they do not want to see a lot of plain and openwalls and complimented the architect.

KATHY BALLARD, Los Banos, stated that she was glad the applicant put shrubs in thedrive thru because it will help with customers spitting out gum while in the drive thru.

There was discussion among Commissioners, staff, and the applicant regardinglandscaping and the outdoor dining area.

Chairperson Spada inquired about signage.

Senior Planner Elms responded that the applicant will be doing wall signage only, howthere is no proposal for monument sign, how the building has great visibility on PachecoBoulevard and should have adequate signage.

Commissioner Cates spoke of his concern for the line of site caused by Sleep Train forthose traveling west to east.

Senior Planner Elms responded that it could block some but indicated that this buildingwill be set back a little further than Sleep Train.

Mr. Nickelson stated that there are CCRs and all the property owners have each other'scontact information.

Chairperson Spada inquired about the trash enclosure and whether it would be coveredor gated.

Senior Planner Elms spoke of how staff discussed this at Project Review Board, howthey don't want to see the enclosure covered, just want to see the dumpster with a lid,how staff does want to require that boxes be broken down before being put into thetrash enclosure bins, and how this trash enclosure location was the only place thatwould work for the applicant.

Ms. Kibler asked Commissioner Faktorovich to clarify his comments.

Commissioner Faktorovich clarified that there was a need to reduce the flatness of thewall on the western elevation.

Initial feedback provided to applicant, no action taken.

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT REPORT. SeniorPlanner Elms reported that Hobby Lobby is having a grand opening on Monday at 9:00a.m., spoke of things moving quickly in the department, and how lots of projects arecoming through.

Commissioner McCoy inquired why Condition of Approval #16 speaks to no pets beingallowed on construction sites.

Senior Planner Elms responded that it's a standard condition to prevent pets beingmixed up with construction sites and how it can be dangerous with inspectors and FireDepartment employees coming in and out of those sites.

City Attorney Vaughn responded that the City ran into an issue with a large projectwhich caused lots of problems with neighbors to the construction sites and spoke ofhow it is a liability issue for the contractor as well.

PLANNING COMMISSION MEMBER REPORTS.

CATES: Thanked staff for their work.

FAKTOROVICH: No report.

LIMON: Absent.

LLAMAS: Absent.

McCOY: Commended Senior Planner Elms on her work, announced that Breakfast withSanta will be on December 3'd, and thanked City Attorney Vaughn for his input.

SPADA: Thanked staff for their work.

TOSCANO: Absent.

ADJOURNMENT: The meeting was adjourned at the hour of 8:11 p.m.

APPROVED:

Tom Spada, ChairpersonATIEST:

Sandra Benetti, Planning Technician

LOS BanosAi the Crossroads of California

TO:

FROM:

FOR:

PLANNING COMMISSION STAFF REPORT

CHAIRMAN SPADA AND COMMISSIONERS

STACY SOUZA ELMS, SENIOR PLANNER \}be.OCTOBER 26, 2016

SUBJECT: CONDITIONAL USE PERMIT #2016-18 - ZOOMY'S COMMERCIALSTORAGE CONTAINER

RECOMMENDATIONS:

1. That the Planning Commission adopt Resolution No. 2016-49 approvingConditional Use Permit #2016-18 for the use of a commercial storage containerfor 7 Eleven, Inc. (d.b.a. Zoomy's) located at 140 W. Pacheco Blvd.

PROJECT BACKGROUNDIDESCRIPTION:On May 6, 2016, the Los Banos City Council adopted Ordinance 1144, whichestablished procedures, standards, and requirements for the approval of temporaryuses on private property. These uses are to be ancillary to the principal use permittedunder the Zoning Code, and are intended to operate on a short-term basis for a limitedperiod. According to the Ordinance, permanent commercial storage containers innonresidential districts shall require a Conditional Use Permit.

The applicant, 7 Eleven, Inc. has requested the use of a 160 square foot commercialstorage container (8'x20') for Zoomy's located at 140 W. Pacheco Blvd. The property iswithin the Highway Commercial (H-C) zoning district and is operated as a fuel stationand convenience store. Historically it has been operated by Valero, but has recentlychanged ownership, and is now being operated as a Zoomy's.

The storage container was pre-existing on the project site prior to 7 Eleven, Inc. takingownership of the property. The applicant at the time of the purchase of the propertywas not aware that the permanent storage container was not in compliance with theCity's Zoning Code.

The existing storage container is 8 feet tall and is currently located on the northern sideof the project site, immediately west of the convenience store. The applicant is

Resolution #2016-49Conditional Use Permit #2016-18

2 Planning CommissionOctober 26, 2016

proposing to keep the storage container at its existing location, but intends to set thestorage container on cement foundation, secure the container to the slab with bolts, andalso paint the container. Currently the container is located behind a 4-foot tall woodenfence, which separates the storage container from the parking area to the south.

Conditions of Approval have been incorporated into the project which require thestorage container to be screened with an a-foot tall non-opaque fence as approved bythe Community and Economic Development Department.

LOCATION:The project site is located at 140 W. Pacheco Blvd. more specifically identified asAssessor's Parcel Number: 027-154-019.

LAND USE:

PropertyProject siteNorthSouthEastWest

Land UseCommercialUndevelopedCommercialResidentialCommercial

ZoneH-CH-CH-CH-CH-C

General PlanCCCCC

H-C = Highway Commercial C = Commercial



ENVIRONMENTAL ASSESSMENT:Pursuant to the Califomia Environmental Quality Act (CEQA) and the City of Los BanosEnvironmental Quality Guidelines, it has been determined that this project iscategorically exempt from the provisions of CEQA - Article 19, Section 15311 Accessory Structures. The applicant's request for the permanent use of a commercialstorage container is considered an accessory structure to the appurtenant use of thefuel station and convenience store located on the project site.

USE PERMIT ANALYSIS

Code RequirementsAccording to Section 9-3.2322 of the Los Banos Municipal Code, before any ConditionalUse Permit may be granted, the Planning Commission shall make the following findings:

1. That the proposed use and project is consistent with the City of Los BanosGeneral Plan, and Los Banos Municipal Code;

The existing General Plan land use designation for the project site isCommercial, which is intended for large-scale commercial development thatserves both residents, visitors, and the surrounding region. Examples of thisland use include: shopping centers, large-format retail, auto sales and travelrelated services such as hotels, gas stations, and restaurant. The subjectproperty is zoned Highway Commercial (H-C). Pursuant to Section 9-3.1302 ofthe Los Banos Municipal Code, gasoline service stations as well as incidentalstorage and accessory uses incidental to the permitted use are considered usesby right; however, as set forth in Section 9-3.3803(c)(7), Permanent commercialstorage containers in nonresidential districts shall require a Conditional UsePermit.

The following specific General Plan Goals, Objectives and Policies are applicableto the proposed project:

LAND USE POLICY LU-G-5Reinforce the City's image by protecting historical resources, strengthening focalpoints, improving streetscapes and the safety of neighborhoods.

2. That the proposed use or project will not be a nuisance or detrimental tothe public health, safety, morals, comfort, and general welfare of thepersons residing or working in the neighborhood of such proposed use;

The proposed use as conditioned will not adversely affect the peace, health,safety, morals or welfare of persons residing or working in the surrounding area,impair the utility or value of property of other persons located near the site, or bedetrimental to public health, safety or general welfare. The proposed use of apermanent commercial storage container is incidental to the primary use of theexisting fuel station and convenience store. Potential impacts to the surrounding



areas would be minimal. The use is consistent and not in conflict with anyexisting or proposed uses within the immediate area.

3. That the proposed use is compatible with the adjacent uses, properties andneighborhoods and will not be detrimental or injurious to property andimprovement in the neighborhood or to the general welfare of the City.

The proposed commercial storage container is existing and has been incidentalto the property for several years. The use is compatible with other uses withinthe area and conditions of approval have been incorporated into the project toensure there are no adverse affects to the surrounding neighborhood.

PUBLIC COMMENT:A public hearing notice was published in the Los Banos Enterprise and notices wereprovided to adjacent property owners within a 300 foot radius of the subject property onOctober 14, 2016. As of the date of this staff report, no comments have been received.

APPLICABLE ORDINANCES/GUIDELINES:

Los Banos General Plan

Los Banos Municipal Code - Sections 9-3.1403 and 9-3.2326(a).

RECOMMENDATIONS:

1. That the Planning Commission adopt Resolution No. 2016-49 approvingConditional Use Permit #2016-18 for the use of a commercial storage containerfor 7 Eleve(l, Inc. (d.b.a. Zoomy's) located at 140 W. Pacheco Blvd.

ATTACHMENTS:

1. Resolution #2016-49Exhibit A CEQA FindingsExhibit B Project FindingsExhibit C Conditions of Approval

2. Site Plan3. Site Photos4. Public Hearing Notice - October 14, 2016

RESOLUTION NO. 2016-49

A RESOLUTION OF THE PLANNINGCOMMISSION OF THE CITY OF LOSBANOS APPROVING CONDITIONAL USEPERMIT #2016-18 FOR THE USE OF ACOMMERCIAL STORAGE CONTAINERFOR 7 ELEVEN, INC. (D.B.A ZOOMY'S)LOCATED AT 140 W. PACHECO BLVD.

WHEREAS, the applicant has requested that the City of Los Banosconsider a Conditional Use Permit to allow the use of a permanent commercialstorage container for Zoomy's located at 140 W. Pacheco Blvd. further identifiedas Assessor's Parcel Number: 027-154-019; and

WHEREAS, a public hearing was duly noticed for October 26, 2016, inaccordance with California Government Code Section 65091 by advertisement inthe Los Banos Enterprise and by mail to property owners within 300 feet of theproject boundaries on October 14, 2016 to consider and take testimony regardingthe Conditional Use Permit for a commercial storage container; and

WHEREAS, the Los Banos Planning Commission has held a publichearing and received public testimony, reviewed said Conditional Use Permitrequest including the staff report and related documents, has studied thecompatibility of the applicant's request with adjacent land uses and hasconsidered this request in accordance with the Use Permit criteria established inthe Los Banos Municipal Code; and

WHEREAS, pursuant to the California Environmental Quality Act (CEQA)and the City of Los Banos Environmental Quality Guidelines, Conditional UsePermit #2016-18 for 7 Elevent, Inc. was determined to be categorically exemptfrom the provisions of CEQA per Article 19, Section 15311 as the use is anaccessory structure; and

WHEREAS, the Planning Commission of the City of Los Banos herebymakes the appropriate findings set forth in Exhibit A (California EnvironmentalQuality Act (CEQA) Findings), and Exhibit B (Findings for Approval), attachedhereto and incorporated herein by this reference.

BASED UPON THE EVIDENCE PRESENTED AT THE PUBLICHEARING, the Planning Commission of the City of Los Banos does hereby makethe findings set forth in Exhibit A (CEQA Findings), and Exhibit B (Findings ofApproval), attached hereto and incorporated herein by this reference.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission ofthe City of Los Banos does hereby approve Conditional Use Permit #2016-18 forthe use of a commercial storage container located at 140 W. Pacheco Blvd.subject to the Conditions of Approval set forth in Exhibit C, attached hereto andincorporated herein by this reference.

The foregoing resolution was introduced at a regular meeting of thePlanning Commission of the City of Los Banos held on the 26th day of October2016, by Commissioner , who moved its adoption, which motion was dulyseconded by Commissioner , and the Resolution is hereby adopted by thefollowing vote:

AYES:

NOES:

ABSENT:

APPROVED:

Tom Spada, Planning Commission Chairman

ATTEST:

Sandra Benetti, Planning Commission Secretary

EXHIBIT A

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FORCONDITIONAL USE PERMIT #2016-18- ZOOMY'S COMMERCIAL STORAGECONTAINER

Pursuant to the requirements of California Public Resources Code Section 21000et seq. (CEQA) and Title 14, California Code of Regulations 15000 et seq. (theCEQA Guidelines), the City as Lead Agency under CEQA adopts the followingfindings required by CEQA, along with the facts and evidence upon which eachfinding 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 BanosEnvironmental Quality Guidelines, Conditional Use Permit #2016-18 wasevaluated and determined to be categorically exempt per Article 19,Section 15311 as the commercial storage container is an accessorystructure to the appurtenant use of the fuel station and convenience storelocated on the project site.

2. Conditional Use Permit #2016-18 was adequately noticed on October 14,2016 for consideration at a public meeting on October 26,2016.

3. No further environmental documentation is required as the ConditionalUse Permit was contemplated and adequately analyzed in the initialreview.

4. Prior to considering the proposed Project, the Planning Commissionconsidered the Categorical Exemption.

EXHIBIT B

FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT #2016-18 ZOOMY'S COMMERCIAL STORAGE CONTAINER


1. The project is consistent with the City of Los Banos General Plan and theLos Banos Municipal Code.

The existing General Plan land use designation for the project site isCommercial, which is intended for large-scale commercial developmentthat serves both residents, visitors, and the surrounding region. Examplesof this land use include: shopping centers, large-format retail, auto salesand travel related services such as hotels, gas stations, and restaurant.The subject property is zoned Highway Commercial (H-C). Pursuant toSection 9-3.1302 of the Los Banos Municipal Code, gasoline servicestations as well as incidental storage and accessory uses incidental to thepermitted use are considered uses by right; however, as set forth inSection 9-3.3803(c)(7), Permanent commercial storage containers innonresidential districts shall require a Conditional Use Permit.

The following specific General Plan Goals, Objectives and Policies areapplicable to the proposed project:

LAND USE POLICY LU-G-5Reinforce the City's image by protecting historical resources,strengthening focal points, improving streetscapes and the safety ofneighborhoods.

Evidence/Analysis: The commercial storage container is incidental to theprimary use of the property, which is an existing convenience store andfuel station. The proposed use and conditioned will be compatible withexisting commercial uses and the surrounding neighborhood. In addition,the project would also be consistent with General Plan land use policiesas set forth above.

2. That the proposed use or project will not be a nuisance or detrimental tothe public health, safety, morals, comfort, and general welfare of the personsresiding or working in the neighborhood of such proposed use.

Evidence/Analysis: The proposed use as conditioned will not adverselyaffect the peace, health, safety, morals or welfare of persons residing orworking in the surrounding area, impair the utility or value of property ofother persons located near the site, or be detrimental to public health,safety or general welfare. The proposed use of a permanent commercial

storage container is incidental to the primary use of the existing fuelstation and convenience store. Potential impacts to the surrounding areaswould be minimal. The use is consistent and not in conflict with anyexisting or proposed uses within the immediate area.

3. The proposed Conditional Use Permit is compatible with the adjacentuses, properties and neighborhoods and will not be detrimental or injurious toproperty and improvements in the neighborhood or to the general welfare of theCity.

Evidence/Analysis: The proposed commercial storage container isexisting and has been incidental to the property for several years. Theuse is compatible with other uses within the area and conditions ofapproval have been incorporated into the project to ensure there are noadverse affects to the surrounding neighborhood.

EXHIBITC

CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #2016-16 FABIAN'S AUTO BODY

1. Conditional Use Permit 2016-18 is for the use of one (1) 160 square foot(8'x20') not to exceed 8 feet in height commercial storage container forZoomy's located at 140 W. Pacheco Blvd.; more specifically identified asAssessor's Parcel Number: 027-154-019 and the requested use shallexpire after one (1) year from date of approval by the Los Banos PlanningCommission unless implemented. The City for cause may revoke thisConditional Use Permit.

2. The applicant shall comply with all other requirements, laws and policiesof other governmental agencies in the conduct and operation of saidbusiness.

3. A copy of these Conditions of Approval are required to be kept on thepremises and presented to any law enforcement officer or authorized Cityofficial upon request.

4. The Planning Commission reserves the right to review and/or revoke thispermit should the City receive complaints or should the applicant notadhere to the Conditions of Approval. The City may amend or imposenew conditions to mitigate adverse affects in the neighborhood resultingfrom the use of the commercial storage container.

5. The applicant agrees to indemnify, hold harmless, and defend the City ofLos Banos, its officers, agents and employees from any and all liability orclaims that may be brought against the City of Los Banos arising out of itsapproval of this permit, or the environmental determination rendered inconnection with the permit approval, or arising out of the operation of theuse or uses allowed under the permit, save and except that caused solelyby the City's active negligence.

6. The storage container is conditioned upon the premises being used as afuel station and convenience store as specified in the project descriptionon file with the Community and Economic Development Department.

7. The premises of the subject site shall not be inconsistent with theConditions of Approval and shall not be operated in a manner thatdeviates from the approved use permit or filed operational statement,which shall constitute a violation and may result in the revocation ormodification of the permit upon written notice to the owner of the subjectsite.

8. Authorization of a Use Permit granted pursuant to the provIsions ofSection 9-3.2322 of the Los Banos Municipal Code shall run with the landand shall continue to be valid upon change of ownership of the site orstructure which was the subject of the use permit application provided theuse shall be limited to all provisions of the Municipal Code and allconditions placed on approval of the Conditional Use Permit arecontinually met.

9. No flammable, combustible, or hazardous material shall be permittedwithin the commercial storage container.

10. The commercial storage container shall be screened from the public rightof-way by an 8 foot tall solid fence along the entire perimeter of thecontainer. The materials used for the fence shall be approved by theCommunity and Economic Development Director.

11. No other uses shall be permitted within the commercial storage containerfence area.

12.The container shall be maintained in good condition with intact structuralintegrity, free of obvious deterioration, rust, or graffiti, with exterior surfaceareas painted, and in compliance with all applicable federal, state andlocal laws.

13. There shall be no graffiti on the premises. If any graffiti is found, it shall beremoved by the property owner or business within 24 hours.

14. The container and/or fence shall not contain advertising, logos, or signageof the business, or other text that calls attention to the container.

15.The container shall not be placed in any required parking spaces or driveaisles, and shall maintain a clear travel area for Fire Department andemergency access at all times.

16. The container shall not be placed in any location that interferes with theon-site drainage system, circulation, safety, or the operations of the useson the site.

17. The container shall not obstruct access to any building or block thevisibility triangle of any roadway or driveway approach.

18. The container shall be prohibited from being used for any human oranimal habitation.

19. Containers are allowed to have electrical connections for the purpose ofproviding interior lighting to the storage unit.

20. No storage shall occur outside of the container.

21. The container shall be closed and secured at all times.

22.Any change in the approved operation, location, or size of the storagecontainer shall require the prior approval of the Community and EconomicDevelopment Director.

23. The storage uniUcontainer shall be maintained in good order and thepremises shall be free of liter at all times.

~~

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Existing Storage container will be lifted and moved to one side. IExisting location will be excavated and prepared. A new concrete \

slab foundation per attached drawing will be poured. Storagecontainer will be moved back on new foundation and bolted In

original location. Storage container will receive a newcoat of paint to match building.

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tosBanos\t the Crossroads of Califonlla

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT

Date: October 14, 2016

Regarding: Notice of Public Hearing

Proposal: Conditional Use Permit #2016-18 - Commercial Storage Container

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los BanosPlanning Commission to consider a CEQA Categorical Exemption and Conditional UsePermit to allow the use of a commercial storage container. The requested ConditionalUse Permit is for Zoomys/ 7Eleven Inc. located at 140 W. Pacheco Boulevard, morespecifically described as Assessor's Parcel Number: 027-154-019.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of theLos Banos Planning Commission on Wednesday, October 26, 2016 at 7:00 p.m. in theCouncil Chambers of Los Banos City Hall located at 520 "J" Street. Questions regardingthe above-referenced item may be directed to Stacy Souza Elms, Senior Planner at CityHall or at (209) 827-7000, Ext. 133.

All persons are invited to be present at the public hearing. Written and oral testimony isinvited. Notice is hereby further given that if you challenge the above described Projectin court, you may be limited to raising only those issues you or someone else raised atthe public hearing described in this Notice, or in written correspondence delivered to thePlanning Commission at, or prior to, the public hearing.

Additional information may be obtained from Community & Economic DevelopmentDepartment at 520 J Street, Los Banos, California. In compliance with the Americanswith Disabilities Act, if you need special assistance to participate in this meeting, pleasecontact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hoursprior to the public hearing will enable the City to make reasonable arrangements toallow participation at this hearing

THE CITY OF LOS BANOS

Stacy Souza ElmsSenior Planner

LOS BanosAt the Crossroads of California

TO:

FROM:

FOR:

PLANNING COMMISSION STAFF REPORT

CHAIRMAN SPADA AND PLANNING COMMISSIONERS

STACY SOUZA ELMS, SENIOR PLANNER

OCTOBER 26,2016

SUBJECT: SITE PLAN REVIEW #2016-10 - LRG INVESTORS, LLC

RECOMMENDATIONS:

1. That the Planning Commission adopt Resolution No. 2016-50 approving SitePlan Review #2016-10 for the development of a 5,690 square foot building fortwo (2) restaurants, with one drive thru, located at 1335 W. Pacheco Blvd., in theStonecreek Plaza.

BACKGROUNDIDESCRIPTION:

The Applicant, LRG Investors, LLC, is proposing to build a new 5,690 square footbuilding for two (2) restaurant tenants. One of the tenants will consist of a drive-thru.The project site is located within the Stonecreek Plaza (east of Sleep Train) on 1.25acres at 1335 W. Pacheco Blvd. The northern tenant space would consist of 2,501square feet and the southern tenant space would consist of 3,005 square feet with adrive thru. The Stonecreek Plaza currently consists of various retailers such as Target,Famous Footwear, Rue 21, Sprint, Stonecreek Nail Salon, Dollar Tree, Petco,Starbucks, Yogolicious, Verizon Wireless, Gamestop, GNC, Sally Beauty Supply, andWeekos Wireless.

Resolution #2016-50Site Plan Review #2016-10


The Stonecreek Plaza Site Plan was approved by the Planning Commission on May 28,2003. Site Plan Review #2002-15 was approved for the construction of the StonecreekPlaza on 42.37 acres for commercial, retail, and restaurant spaces.

LOCATION AND ACCESS:

The 1.25 acres Project site is located at 1335 W. Pacheco Blvd. in the StonecreekPlaza, immediately east of the new Sleep Train Mattress store, which is currently underconstruction. Primary access to the site will be off of the most eastern drive-way alongPacheco Blvd. in the Stonecreek Plaza. Other access will be off of Badger Flat Road,Ortigalita Road, and the second drive-way west of the project site along Pacheco Blvd.

Resolution #2016-50

Site Plan Review #2016-10


LAND USE:

Property Land UseProject Site UndevelopedNorth Undeveloped Agriculture

East UndevelopedSouth Commercial

West Commercial

H-C - Highway Commercial

ENVIRONMENTAL ASSESSMENT:

ZoneH-CH-CH-C

H-CH-C

General PlanCommercialCommercialCommercial

CommercialCommercial

Pursuant to the California Environmental Quality Act (CEQA) and the City of Los BanosEnvironmental Quality Guidelines, this project was evaluated within the context of theStonecreek Retail/Commercial Plaza Mitigated Negative Declaration (MND) SCH#2003041140, certified by the City on May 28, 2003. The Community and EconomicDevelopment Department has determined that the proposed project was adequatelydescribed, examined, and evaluated in the MND, and that no significant new informationor changes in the environmental setting have occurred that would result in new orgreater significant effects not studied in the MND. The City determined that theStonecreek Retail/Commercial Plaza would have a less than significant effect on theenvironment with mitigation measures. No further environmental documentation is



required because the proposed project was contemplated and adequately analyzed inthe MND. The CEQA findings attached hereto, document the determination by the Citythat the environmental review in the MND is adequate under CEQA.

SITE PLAN ANALYSIS:

Code RequirementsPursuant to Section 9-3.2316(a) of the Los Banos Municipal Code, the PlanningCommission shall review and evaluate a site plan for conformance with the applicablesections of the Code. Upon completion of the review and evaluation of a site planreview application, the Planning Commission shall either deny the site plan or shallgrant or modify the site plan subject to reasonable conditions as may be imposed.

Project DesignThe Project proposes the development of approximately 1.25 acres with a 5,690 squarefoot building for two (2) restaurant tenants. One of the tenants would have a drive-thru,and both tenants would provide outdoor seating.

The site plan indicates 43 parking spaces will be provided allotting 2 parking spaces forhandicap parking. According to Section 9-3.2004 of the Los Banos Municipal Code, theminimum off-street parking required for restaurants is 1 parking space per each 60square feet of customer seating area plus 1 space per each 400 square feet ofnoncustomer area. Pursuant to the Municipal Code, the project would be required toprovide 45 parking spaces 2 of which are required to be handicap accessible. Theproject site is located within the Stonecreek Plaza Shopping Center, which consists ofreciprocal parking easements for the entire shopping center. The shopping center hasmore than sufficient parking; and therefore, will not negatively impact surroundingbusinesses.

Land UseThe project site is designated as Commercial according to the Los Banos General Planand Highway Commercial (H-C) in accordance with the Zoning Map. The proposedproject will provide restaurant uses, which are appropriate uses in the HighwayCommercial zoning district. The proposed use is consistent with the Los Banos GeneralPlan and Municipal Code.

TrafficThe site plan indicates that access to the site will be provided from driveways onPacheco Blvd., Ortigalita Road, and Badger Flat Road. The Pacheco Blvd. drivewaysare limited to right-in right-out only. Full access driveways are accessible off ofOrtigalita Rd .IMichelotti Dr. and Badger Flat/Michelotti Dr.

InfrastructureWater: The City of Los Banos would provide water service to the Project site. Theproject site has already been planned with a domestic and landscape line with theoriginal shopping center site plan.



Sewer: The City of Los Banos would provide wastewater service to the Project site.The Project site will connect to the existing sewer lines planned for within theStonecreek Plaza.

Drainage: The City of Los Banos would provide storm water services to the Project site.The Project will connect to the existing line within the Stonecreek Plaza.

It should be noted that all City infrastructure has been sized to accommodate this useand will be built in accordance with the City's Utility Master Plans.

DESIGN REVIEWPursuant to Section 9-3.2818(a) of the Los Banos Municipal Code, the Los BanosPlanning Commission held a study session on September 9, 2015 to provide theapplicant with feedback early on in the design process. The Commission evaluatedarchitectural elements, landscape and site treatment, and lighting elements asdescribed in Section 9-3.2818(c) of the Los Banos Municipal Code.

The Planning Commission recommended the applicant provide architecturalenhancements to the western elevation and provided overall positive feedback on theproposed design submittal. The applicant has revised their elevations based onsuggestions from the Planning Commission.

PROJECT REVIEW BOARD

The Project Review Board (PRB) reviewed the project proposal on September 15, 2015for these aspects

• Building layout;• Location;• Orientation of all new and existing structures and the relationship to one another

and surrounding properties• Methods of landscape irrigation;• Location and design of facilities for physically disabled persons;• Location of fencing and other screening;• Location and screening of refuse facilities;• Traffic circulation on-site and off-site;• Pedestrian and bicycle circulation and safety;• Arrangement of off-street parking and loading facilities;• Location and intensity of all onsite lighting; and• Provision of municipal and public services.

The PRB has provided a positive recommendation for the development of the proposedproject with conditions of approval incorporated into the project.

FINDINGS FOR APPROVAL:



The Planning Commission shall approve a Site Plan if it makes all of the followingfindings specified in the Municipal Code. The Planning Commission shall consider andevaluate those aspects of the project described in Section 9-3.2317(b) and 9-3.2318(c).In approving a site plan, the Planning Commission shall make the following findingsbefore approving a site plan:

1. That the proposed development is consistent with the general plan, any specificplans, and any design standards adopted by the City Council.

Restaurants are identified as permitted uses in the Highway Commercialzoning district which is consistent with the General Plan Commercial designation.As identified in the staff reporl, the project meets all design standards adopted bythe City Council.

2. That the design and location of the proposed development and its relationship toexisting or proposed developments and traffic in the vicinity thereof is such that itwill not impair the desirability of investment or occupation in the neighborhood;and that it will not unreasonably interfere with the use and enjoyment of existingor proposed developments in the vicinity thereof, and that it will not create traffichazards or congestion.

The Stonecreek Plaza has been designed and planned for the proposeddevelopment of a restaurant building with multiple tenants at the locationspecified within the Site Plan and therefore will not impair the neighborhood, orinterfere with the use and enjoyment of existing or proposed developments, andthat it will not create a traffic hazard or congestion.

3. That the design of the proposed development is in keeping with the character ofthe surrounding neighborhood and is not detrimental to the harmonious, orderly,and attractive development contemplated by this ordinance and the general planof the City.

The design of the proposed building incorporates architectural elementscomplementary to and consistent with the existing Shopping Center buildings.The applicant received positive feedback from the Planning Commission StudySession and has made revisions to their elevations based on the PlanningCommission's recommendations.

4. That the design of the proposed development would provide a desirableenvironment for its occupants, as well as for its neighbors, and that it isaesthetically of good composition, materials, textures, and colors.

The design of the new multi-tenant restaurant building will be desirable forits occupants, as well as its neighbors as the proposal incorporates design



elements and materials from the existing shopping center and has incorporatedthe City's Design Guidelines within the architecture of the site.

5. That the proposed use complies with all applicable requirements of the zoningdistrict in which it is located and all other applicable requirements.

The proposed use is permitted in the Highway Commercial zoning districtand is in conformance with all other applicable requirements. The landscapeplan will provide for attractive landscaping upon maturity and achieve the City's50% shade tree canopy requirements.

6. That the overall development of the subject property is designed to ensure theprotection of the public health, safety, and general welfare.

The design of the proposed building conforms to good planning in that thephysical design elements are compatible with the Design Guidelinecharacteristics of the Mission/Spanish style elements of the Design Guidelines.The site design allows for safe circulation of vehicles and safe pathway forhandicap access as well as pedestrian access.

PUBLIC COMMENT:A public hearing notice was published in the Los Banos Enterprise and notices weremailed out to property owners within a 300' radius of the project site on October 14,2016. As of the date of this staff report, no written comments have been received.

RECOMMENDATION:

1. That the Planning Commission adopt Resolution No. 2016-50 approving SitePlan Review #2016-10 for the development of a 5,690 square foot building fortwo (2) restaurants, with one drive thru, located at 1335 W. Pacheco Blvd., in theStonecreek Plaza.

ATTACHMENTS:

1. Resolution 2016-50Exhibit A: CEQA FindingsExhibit B: Findings for ApprovalExhibit C: Conditions of Approval

2. Site Plan3. Elevations4. Landscape Plan5. Public Hearing Notice - October 14, 2016

RESOLUTION #2016-50

A RESOLUTION OF THE PLANNINGCOMMISSION OF THE CITY OF LOS BANOSAPPROVING SITE PLAN #2016-10 FOR THEDEVELOPMENT OF A 5,690 SQUARE FOOTBUILDING FOR TWO (2) RESTAURANTS, WITHONE DRIVE THRU, LOCATED AT 1335 WESTPACHECO BLVD., MORE SPECIFICALLYIDENTIFIED AS ASSESSOR'S PARCELNUMBER: 430-010-043

WHEREAS, the Los Banos General Plan was adopted in July 2009, and is theguiding document for land use in the City of Los Banos; and

WHEREAS, the subject property has a land use designation of Commercialpursuant to the Los Banos General Plan and is zoned Highway Commercial by the LosBanos Zoning Map; and

WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and theCity of Los Banos Environmental Quality Guidelines, Site Plan Review #2016-10 wasadequately evaluated within the context of the Stonecreek Retail/Commercial PlazaMitigated Negative Declaration (SCH #2003041140); and

WHEREAS, a public hearing was duly noticed for October 26, 2016, inaccordance with California Government Code Section 65091 by advertisement in theLos Banos Enterprise and by mail to property owners within 300 feet of the projectboundaries on October 14, 2016 to consider and take testimony regarding the Site PlanReview #2016-10; and

WHEREAS, at the October 26, 2016 Planning Commission Meeting, the LosBanos Planning Commission heard and considered testimony, if any, of all personsdesiring to be heard; reviewed the Project Site Plan and staff report; studied thecompatibility of the applicant's request with adjacent land uses; has considered theapplicant's request in accordance with the Site Plan criteria established in Section 93.2320 of the Los Banos Municipal Code; and

BASED UPON THE EVIDENCE PRESENTED AT THE PUBLIC HEARING, thePlanning Commission of the City of Los Banos does hereby make the findings set forthin Exhibit A (CEQA Findings), and Exhibit B (Findings of Approval), attached hereto andincorporated herein by this reference.

NOW, THEREFORE BE IT RESOLVED that the Planning Commission of theCity of Los Banos does hereby approve Site Plan #2016-10 for the development of a5,690 square foot building for two (2) restaurant tenants, and a drive thru located at1335 West Pacheco Boulevard, more specifically identified as Assessor's Parcel

Number: 430-010-043, subject to the Conditions of Approval set forth in Exhibit Cattached hereto and incorporated herein by this reference.

The foregoing resolution was introduced at a regular meeting of the PlanningCommission of the City of Los Banos held on the 26th day of October 2016, byCommissioner , who moved its adoption, which motion was duly seconded byCommissioner , and the Resolution is hereby adopted by the following vote:

AYES:NOES:ABSENT:

APPROVED:

Tom Spada, Planning Commission Chair

ATIEST:

Sandra Benetti, Planning Commission Secretary

2

EXHIBIT A

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR SITE PLANREVIEW #2016-10 - LRG INVESTORS, LLC

Pursuant to the requirements of California Public Resources Code Section 21000 etseq. ("CEQA'') and Title 14, California Code of Regulations Section 15000 et seq. (the"CEQA Guidelines"), the City as Lead Agency under CEQA adopts the followingfindings required by CEQA, along with the facts and evidence upon which each findingis based.


1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los BanosEnvironmental Quality Guidelines, this project was evaluated within the context ofthe Stonecreek Retail/Commercial Plaza Mitigated Negative Declaration (MND),SCH #2003041140 certified by the City of Los Banos on May 28, 2003. TheCommunity and Economic Development Department has determined that theproposed project was adequately described, examined, and evaluated in theMND, and that no significant new information or changes in the environmentalsetting have occurred that would result in new or greater significant effects notstudied in the MND. The City determined that the Stonecreek Plaza would havea less than significant effect on the environment with mitigation measures. Nofurther environmental documentation is required because the proposed projectwas contemplated and adequately analyzed in the MND. The CEQA findingsattached hereto, document the determination by the City that the environmentalreview in the MND is adequate under CEQA.

2. No significant new information or changes in the environmental setting haveoccurred that would result in new or greater significant effects not studied in theMitigated Negative Declaration.

3. No further environmental documentation is required as the proposed project wascontemplated and adequately analyzed in the Mitigated Negative Declaration.

4. The City of Los Banos Community Development Department, located at 520 JStreet in Los Banos, is the custodian of the documents that constitute the recordof proceedings upon which the determination to adopt the mitigated negativedeclaration is based and will be certified by the Los Banos City PlanningCommission.

3

EXHIBIT B

FINDINGS FOR APPROVAL OF SITE PLAN #2016-10 - LRG INVESTORS, LLC


1. That the proposed development is consistent with the general plan, any specificplans, and any design standards adopted by the City Council.

a. The General Plan land use designation for the project site is Commercial,which is intended for large-scale commercial developments that serveboth residents, visitors, and the surrounding region. Examples of this landuse include: shopping centers, large format retail, auto sales and travelrelated services such as hotels, gas stations, and restaurants.

The following specific General Plan Goals, Objectives, and Policies areapplicable to the proposed project:

ECONOMIC DEVELOPMENT POLICY ED-G-1:

Help create jobs and improve job quality for existing and future Los Banosresidents.

LAND USE POLICY LU-G-1:

Promote a sustainable, balanced land use pattern that satisfies existingneeds and safeguards future needs of the City.

LAND USE POLICY LU-G-10:

Foster viable, pedestrian-oriented neighborhood centers and strong,visually attractive regional commercial centers with a mix of tenants toserve both local and regional needs.

Evidence/Analvsis: The project is consistent with the General PlanCommercial land use designation. The proposed restaurants wouldprovide for local residents as well as the surrounding region and visitorstraveling through Los Banos. The proposed project will createemployment opportunities for various ranges of employees searching forentry level positions to management positions. The proposeddevelopment will be an attractive addition to the Stonecreek PlazaShopping Center and will be compatible with and complementary ofexisting commercial uses at the site.

b. The zoning designation for the project site is Highway Commercial (H-C).The purpose of the Highway Commercial District is to provide a district forcommercial uses which do not specialize in serving the pedestrian

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shopper, but rather, because of their character, are more appropriatelylocated along a highway or major street and where drive-in operations aremore feasible.

Evidence/Analysis: The proposed development is consistent with theZoning Code as restaurants are uses permitted in the district. Theproposed use caters to travelers and motorists along the highway and willprovide convenience to its customers with the drive-thru restaurant.

2. That the design and location of the proposed development and its relationship toexisting or proposed developments and traffic in the vicinity thereof is such that itwill not impair the desirability of investment or occupation in the neighborhood;and that it will not unreasonably interfere with the use and enjoyment of existingor proposed developments in the vicinity thereof, and that it will not create traffichazards or congestion.

The Stonecreek Plaza has been designed and planned for the proposeddevelopment of a restaurant building with multiple tenants at the locationspecified within the Site Plan and therefore will not impair the neighborhood, orinterfere with the use and enjoyment of existing or proposed developments, andthat it will not create a traffic hazard or congestion.

3. That the design of the proposed development is in keeping with the character ofthe surrounding neighborhood and is not detrimental to the harmonious, orderly,and attractive development contemplated by this ordinance and the general planof the City.

The design of the proposed building incorporates architectural elementscomplementary to and consistent with the existing Shopping Center buildings.The applicant received positive feedback from the Planning Commission StudySession and has made revisions to their elevations based on the PlanningCommission's recommendations.

4. That the design of the proposed development would provide a desirableenvironment for its occupants, as well as for its neighbors, and that it isaesthetically of good composition, materials, textures, and colors.

The design of the new multi-tenant restaurant building will be desirable forits occupants, as well as its neighbors as the proposal incorporates designelements and materials from the existing shopping center and has incorporatedthe City's Design Guidelines within the architecture of the site.

5. That the proposed use complies with all applicable requirements of the zoningdistrict in which it is located and all other applicable requirements.

The proposed use is permitted in the Highway Commercial zoning districtand is in conformance with all other applicable requirements. The landscape

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plan will provide for attractive landscaping upon maturity and achieve the City's50% shade tree canopy requirements.

6. That the overall development of the subject property is designed to ensure theprotection of the public health, safety, and general welfare.

The design of the proposed building conforms to good planning in that thephysical design elements are compatible with the Design Guidelinecharacteristics of the Mission/Spanish style elements of the Design Guidelines.The site design allows for safe circulation of vehicles and safe pathway forhandicap access as well as pedestrian access.

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EXHIBIT C

CONDITIONS OF APPROVAL FOR SITE PLAN #2016-10 - LRG INVESTORS, LLC

Planning:

1. The followings Conditions of Approval shall apply to and be applicable to theapplicant, property owner, and/or developer. Reference to applicant, propertyowner, and/or developer shall be interpreted to include all including the holder ofa building permit or other permit issued by the city in connection with this project.These conditions shall run with the land and shall survive the issuance of anoccupancy permit.

2. This Site Plan shall expire if an application for a building permit is not applied forwithin 24 months from date of approval. One six-month extension may beallowed through a written submittal that would be approved by the Communityand Economic Development Director.

3. Subject to and in addition to the conditions of approval set forth herein thedevelopment and construction of all improvements for the Project shallsubstantially conform to the conditionally approved Site Plan approved by thePlanning Commission consisting of the site plan layout, exterior elevations,landscape plan, floor plan, and color renderings (herein after "site plan"). Theapplicant shall submit a revised Site Plan to the Community and EconomicDevelopment Department reflecting any modifications, additions, and conditionsof approval approved by the Planning Commission within 30 days from PlanningCommission approval. Said revised Site Plan shall be reviewed by theCommunity and Economic Development Department and stamped "conditionallyapproved" for purposes of providing a clear record of the approved Site Plan.

4. Full compliance with all conditions of approval shall be satisfied prior to issuanceof any certificate of occupancy. Any proposed modifications to the approved SitePlan shall require approval by the Community and Economic DevelopmentDirector or Planning Commission as appropriate.

5. The property is subject to the Summitt Reimbursement Agreement for the fairshare costs of the benefits received for the development of water well 11 and theintersection improvements at State Highway 152 and Badger Flat Road whichbenefit APN: 430-010-043 and shall be made payable to the City of Los Banosprior to issuance of a building permit.

6. Any application for a building permit shall be reviewed by the Community andEconomic Development Department for a determination as to whether suchapplication conforms to the prior design and site development review approval bythe Planning Commission.

7. The applicant agrees to indemnify, hold harmless, and defend the City of LosBanos, its officers, agents and employees from any and all liability or claims that

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may be brought against the City of Los Banos arising out of its approval of thispermit, or the environmental determination rendered in connection with thepermit approval, or arising out of the operation of the use or uses allowed underthe site plan, save and except that caused solely by the City's active negligence.

8. Construction shall be limited to those hours specified in Section 9-3.2706 of theLos Banos Municipal Code: Monday through Friday from 7:00 am to 9:00 pm;Saturday and Sunday from 8:00 am to 5:00 pm.

9. The applicant shall comply with all requirements of other appropriategovernmental agencies.

10. The applicant shall comply with all applicable federal, state, and local laws.

11. The applicant shall meet all requirements of the currently adopted edition of theCalifornia Building, Fire, and City of Los Banos Municipal Codes in effect at timeof the building permit application.

12. The applicant shall comply with the Americans with Disabilities Act (ADA)requirements in the design, construction and maintenance of this project.

13. The applicant shall provide a copy of the conditions of approval to all contractorsand subcontractors prior to commencement of construction.

14. During construction, and for safety purposes, the public right-of-way shall be keptclear of obstructions and shall be cleaned on a daily basis.

15. The applicant shall require all contractors and subcontractors to obtain a City ofLos Banos Business License, prior to start of work on the project. All workperformed on the project shall comply with the requirements of the CaliforniaBusiness and Professions Code.

16. The applicant shall obtain any necessary encroachment permits from Caltrans orother jurisdictions prior to performing any work within that jurisdiction's right-ofway.

17. All structures, foundations, and footings for buildings on the project site shall bedesigned and constructed to conform to the current California Building Code,including amendments adopted by the City.

18.An engineering soils report shall be prepared in order to identify soilcharacteristics requiring special structural design. On-site and off-site structuraldesign shall conform to the findings and recommendation of the engineering soilsreport. The report shall be prepared prior to issuance of a grading permit,subject to review and written approval by the City Engineer.

19.A minimum 200-foot separation shall be maintained between the public right-ofway and adjacent retail stores from material stockpiles, debris piles, or containersand equipment storage during the construction process. If such storage must be

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located within 50 feet of the public right-of-way or adjacent retailers, a six-foothigh opaque fence shall shield the storage area from view when the storage areais inactive for more than eight hours. This requirement shall be incorporated intothe specifications for all construction plans, subject to review and writtenapproval by the Community and Economic Development Department.

20. During construction activities, all food-related trash items shall be enclosed insealed containers and regularly removed from the project site to avoid attractingwildlife to the project site. Pets shall not be allowed on the construction site. Theproper location of the trash containers shall be subject to the review and writtenapproval of the Community and Economic Development Department.

21. Prior to placement of combustible materials on the site, two points of all-weatheraccess, at least one paved, shall be provided, to the satisfaction and writtenapproval of the Fire Chief.

22. Temporary construction trailers shall be permitted only in areas immediatelyadjacent to or within that portion of the Site Plan where active construction istaking place. Placement of said construction trailer is subject to the writtenapproval of the Community and Economic Development Director and shall beremoved in accordance with Title 9, Chapter 3, Article 39 Temporary UseOrdinance of the Los Banos Municipal Code.

23. The development site shall be controlled of weeds and free of debris and litter.The applicant shall provide protection against wind and water soil erosion.

24. Due to the possibility that significant buried cultural resources might be foundduring construction, the following language shall be included in any permitsissued for the project site, including, but not limited to building permits for futuredevelopment, subject to the review and approval of the Los Banos CommunityDevelopment Department:

"If archaeological resources or human remains are discovered duringconstruction, work shall be halted from the find and the area shall be stakedoff. The project developer shall notify a qualified professional archaeologist.If the find is determined to be significant, appropriate mitigation measuresshall be formulated and implemented."

25.ln the event of an accidental discovery or recognition of any human remains inany location other than a dedicated cemetery, the City shall ensure that thislanguage is included in all permits in accordance with CEQA Guidelines section15064.5(e):

"If human remains are found during construction there shall be no furtherexcavation or disturbance of the site or any nearby area reasonablysuspected to overlie adjacent human remains until the Los Banos PoliceDepartment contacts the coroner of Merced County to determine that noinvestigation of the cause of death is required. If the coroner determinesthe remains to be Native American, the coroner shall contact the Native

9

American Heritage Commission within 24 hours. The Native AmericanHeritage Commission shall identify the person or persons it believes to bethe most likely descendent from the deceased Native American. The mostlikely descendent may then make recommendations to the landowner orthe person responsible for the excavation work, for means of treating ordisposing of, with appropriate dignity, the human remains and associatedgrave goods as provided in Public Resources Code Section 5097.98. Thelandowner or his authorized representative shall rebury the NativeAmerican human remains and associated grave goods with appropriatedignity on the property in a location not subject to further disturbance if: a)the Native American Heritage Commission is unable to identify a mostlikely descendent or the most likely descendent failed to make arecommendation within 24 hours after being notified by the commission; b)the descendent identified fails to make a recommendation; or c) thelandowner or his authorized representative rejects the recommendation ofthe descendent, and the mediation by the Native American HeritageCommission fails to provide measures acceptable to the landowner."

26. The site shall be kept in a dust-free condition during construction of the project in.Prior to issuance of a building permit, dust control requirements shall be includedin all construction contract specifications to reduce significant levels ofconstruction-related hazardous air emissions.

a. All disturbed areas, including storage piles, which are not being activelyutilized for construction purposes, shall be effectively stabilized of dustemissions using water, chemical stabilizer/suppressant, or vegetativegrou nd cover.

b. All on-site unpaved roads and off-site unpaved access roads shall beeffectively stabilized of dust emissions using water or chemicalstabilizer/suppressant.

c. All land clearing, grubbing, scraping, excavation, land leveling, grading,and cut and fill activities shall be effectively controlled of fugitive dustemissions utilizing application of water or by presoaking.

d. When materials are transported off-site, all material shall be covered,effectively wetted to limit visible dust emissions, or at least six inches offreeboard space from the top of the container shall be maintained.

e. All operations shall limit or expeditiously remove the accumulation of mudor dirt from adjacent public streets at least once every 24 hours whenoperations are occurring. (The use of dry rotary brushes is expresslyprohibited except where preceded or accompanied by sufficient wetting tolimit the visible dust emissions. The use of blower devices is expresslyforbidden.)

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f. Following the addition of materials to, or the removal of materials from, thesurface of outdoor storage piles, said piles shall be effectively stabilized offugitive dust emissions utilizing sufficient water or chemicalstabilizer/suppressant.

27. Prior to issuance of building permits, the developer/applicant shall include thefollowing requirements in all construction bids and documents including contracts(and implemented during construction activities) for the purpose of reducingdiesel particulate and acrolein emissions during construction of the project:

a. All pre-1994 model year and older diesel equipment shall be retrofittedwith EPA-certified diesel oxidation catalyst filters;

b. Contractor shall maintain records of all purchases of diesel oxidationcatalyst filters or biodiesel fuel until construction is complete; and

c. The SJVAPCD shall have the right to inspect all construction anddemolition equipment, as well as the contractor's records at any timeduring demolition and construction.

28. The project site shall include a bicycle rack. Size and location shall be approvedby the Community and Economic Development Director.

29.AII development impact fees shall be paid in full prior to occupancy and as acondition of issuance of an occupancy permit. The developer shall provide areceipt from the Los Banos Unified School District for all applicable school impactfees.

30. The Applicant will take reasonable steps to preserve all survey monuments. TheApplicant is responsible for the preservation of survey monuments within thework area under this permit at Applicant's sole expense. If any monuments aredisturbed, the Applicant is responsible for re-establishing the monuments uponcompletion of the permitted work. Re-establishing of monuments shall beperformed by a duly licensed land surveyor and a corner record shall be filed inaccordance with State law at Applicant's sole expense.

31.AII Community and Economic Development processing and application fess shallbe paid in full prior to the issuance of a building permit.

Utilities and Drainage:

32. Subject to the review and approval of the Los Banos Public Works Department,project improvement plans shall include Best Management Practices (BMPs) toreduce the introduction of oils and other contaminants to the Los Banos stormwater drainage system and main canal. Water quality safeguards shall beinstalled prior to occupancy of the parking lots. A water quality BestManagement Practices plan shall be implemented upon occupancy.

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33.A trash enclosure shall be built according to City specifications; colors, materials,and textures matching those of the main building, and provide for recyclingservices within. A concrete apron is required across the width of the trashenclosure opening that shall extend a minimum depth of ten feet in front of theopening. The location shall be specifically shown on the improvement plans andapproved by the Community and Economic Development Director. The trashenclosure shall be large enough to accommodate the solid waste, recyclables,and wet waste for both restaurant tenants. The trash bins shall have lids and theenclosure must be properly screened. The enclosure needs to follow CityStandards and Specifications as well as Republic Services Standards.

34.Approved backflow devices shall be installed as required per City standards.

35. Separate landscape and domestic service meters shall be installed.

Landscape and Lighting:

36. Prior to issuance of a building permit the applicant shall submit a lighting planpursuant to standards in the Los Banos Standards and Specifications andCaltrans standards for Pacheco frontage. All exterior lighting including parkinglot lighting, shall meet the provisions of the Los Banos Municipal Code.

37.AII landscaping and irrigation shall be continuously maintained in a healthy andthriving manner and shall fulfill the City Shade Canopy Ordinance. Should anylandscape material die, it shall be immediately replaced with landscaping of asimilar type, size and quantity or an approved alternative should a different typeof landscape material be determined to fare better than the deceased material inthe project environment. The applicant shall provide the Public WorksDepartment a Landscape Plan and a Landscape Maintenance Plan describingtheir strategy for maintaining all landscaped areas in a healthy, litter free andthriving manner. Said plan shall identify responsible parties and be submitted forPublic Works Department approval prior to issuance of building permit(s). Failureto maintain and replace landscaping and shade canopy in a healthy manner mayresult in administrative citations and fines.

38.AII ground and rooftop mounted electrical, plumbing and mechanical equipmentshall be screened from view of the public right-of-way by continuous parapet wallof landscaping or combination thereof.

39. Landscape plans shall be designed in accordance with Title 10, Chapter 2, WaterEfficient Landscape Ordinance of the Los Banos Municipal Code.

Signage:

40.AII advertising signage shall be subject to Sign Review and permit approval fromboth the Community Development and Building Departments, prior to installation,consistent with the development criteria of the Los Banos Municipal Code SignOrdinance.

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41. The maximum height of freestanding and monument signs shall be twenty (20')feet unless a Conditional Use Permit is applied for and granted per the MunicipalCode.

Design/Aesthetics:

42. The design of the improvements shall be conforming to the approved site plan.Any significant changes in color or architecture (i.e. paint, texture, material) shallrequire written approval by the Community and Economic Development Directoror Planning Commission approval. The applicant shall maintain the color aspresented in the site plan for the life of the project. Any changes to the site planas to color or architecture shall require prior approval by the Community andEconomic Development Director or Planning Commission. This condition shallbe applicable and survive the issuance of an occupancy permit.

43. Downspouts shall be located within the building walls or architecturally integratedinto the design and color of the structures, and there shall be no drainage acrossthe public access ways or across the public right-of-way.

44.AII rooftop mechanical equipment and appurtenances shall be screened fromview from the public right-of-way and adjacent properties.

Police Department

45. Install easy to view surveillance cameras inside and outside of the buildingsubject to the prior approval of the Police Chief as to the location and quantity.

Fire Department

46. There shall be a fire control room, which shall have an exterior access door onlyand be large enough to accommodate the fire riser and fire alarm annunciatorpanel.

47. There shall be a permanent sign on the exterior of the fire control room stating"Fire Control Room".

48.A fire sprinkler system shall be provided.

49.A fire alarm system shall be provided with a minimum of 1 pull station and 1audio visual in each tenant unit.

50. There shall be HVAC smoke detector test and reset switches in the fire controlroom.

51. The exiting fire system back flow unit shall be hydro tested.

52. All existing fire lane curbs on the project site shall be repainted.

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53. There shall be a main electrical disconnect located on the exterior of the buildingfor Fire Department use only.

54. Commercial grade Knox Boxes shall be required on the exterior of the buildingfor each tenant in the area of the front entrances. Applications can be obtainedthrough the Fire Department. The Knox Boxes shall have FDC locking caps.

55.A fire alarm control panel shall be located within the fire control room. Aminimum of one (1) pull station and one (1) audio visual station shall be providedwithin 5' of the front entrance. The fire alarm system shall be plan checked andapproved by the Los Banos Fire Department. These plans shall be throughdeferred submittal to the Fire Department.

56. There shall be a two (2) - ten (10") inch addresses of a contrasting color on thebuilding facing Pacheco Blvd. (north elevation) and the other facing the parkinglot (east elevation) as approved by the Fire Department.

57. There shall be 6" suite letters near each suite entrance as approved by the FireDepartment.

58. Driveways, parking lots, water lines, fire hydrants, and underground utilities shallbe completed prior to occupancy.

59. The development shall be required to follow National Fire Protection Association(NFPA) Section Numbers 58-6.5 and 58-6.6.

Public Works

60. The trash enclosure area shall not be allowed to drain into the sewer or to bewashed to the storm drain system.

61. Each tenant unit shall have its own domestic water lateral and sewer lateral.

62. There shall be an ADA compliant "path of travel" extending to the building WardRoad.

63. The developer shall prepare improvement plans for the entire site and plans shallbe approved by the City Engineer prior to the start of any site work. Included inthose improvement plans shall be, but not limited to, topography, site, gradingand drainage, utilities, striping and signage, landscape, on and offsite lighting(street frontage), and offsite improvements. These improvements shall beinstalled per City of Los Banos Standards.

64. The developer shall prepare, prior to issuance of a building permit, a landscapeand lighting plan. The landscape and lighting plan shall be approved by theCommunity and Economic Development Department and Public WorksDepartment prior to issuance of a building permit, and shall prepared by aLandscape Architects and shall include the size, type of fixtures to be used on

14

site, and include a Lumen Dispersion Map and comply with the City of Los Banosshade tree canopy ordinance. The landscape plan shall be designed inaccordance with the City's "Water Efficient Landscape Ordinance".

65.A Storm Water Pollution Prevention Plan (SWPPP) shall be generated if theproperty is greater than 1-acre. In any case Construction and Post-ConstructionBest Management Practices (BMP's) shall be implemented to the City's MS-4Phase II designation.

66. The developer shall prepare a grading and drainage plan and improvement planprior to the issuance of a building permit. The grading and drainage plan shall beprepared per City standards and shall be approved by the City Engineer prior tothe commencement of grading and work of any kind.

67. Storm drain, water main, and sanitary sewer main line improvements shall beinstalled by the developer per the City of Los Banos Utility Master Plans.

68.AII new utility services are to be under-grounded.

69.AII development fees, including but not limited to all inspection fees, processingfees, landscape and light plan fees, and improvement plan fees shall be paidprior to issuance of the building permit.

70.AII work performed within/adjacent to the State Right-of-Way will be subject toCaltrans Standards and Specifications, including an encroachment permit.

71. Prior to occupancy, the Developer shall form or annex the Subject Property to aLighting and Landscaping District created for purposes of maintaining publiclandscape areas, signage and public lighting including a share of traffic signalmaintenance costs as authorized pursuant to the Landscape and Lighting Act of1972, Part 2 of Division 15 of the California Streets and Highways Code, andArticle XIIiD of the California Constitution. The form, terms and conditions andthe tax rate for the formation of the Lighting and Landscaping District, or in thealternative the annexation of the Subject Property to an existing district, shall beas approved by the City Council, as determined in its sole and exclusivediscretion. It is the intent of the parties that the assessment of the SubjectProperty will be apportioned to each parcel in proportion to the special benefit itreceives. District formation or annexation shall be at the sole cost of theDeveloper.

72. The Landscape Plan shall be designed to have trees meet the City ShadeCanopy requirements of 50% parking stall coverage in 5 years over the newparking lot area.

73. The Landscape Plan shall include areas between back of curb and edge ofsidewalk.

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74. The following note shall be on all improvement plans: The Contractor shall beresponsible for protecting and preserving survey monuments and other surveymarkers. Any survey monuments damaged as a direct result of constructionactivities shall be re-established by a duly licensed land surveyor at theContractor's sole expense. A corner record shall be filed in accordance withState law for any reset monuments at the Contractor's sole expense.

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LOS BanosAt the Crossroads oj Califorllia

~-=_"",__·,._r ..._ ....._~--=_.3S""_-" •__"""_"'"COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT

Date: October 14, 2016

Regarding: Notice of Public Hearing

Proposal: Site Plan Review #2016-10 - LRG Investors, LLC

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los BanosPlanning Commission to consider Site Plan Review #2016-10 for the construction of anew 5,690 square foot multi-tenant restaurant building for LRG Investors, LLC. ThePlanning Commission will also consider a Mitigated Negative Declaration for the projectsite located within the Highway Commercial zoning district in the Stonecreek Plaza at1335 W. Pacheco Blvd.; more specifically identified as Assessor's Parcel Number: 025430-010-043.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of thePlanning Commission on Wednesday, October 26, 2016 at 7:00 p.m. in the CouncilChambers of Los Banos City Hall located at 520 "J" Street. Questions regarding theabove-referenced item may be directed to Stacy Souza Elms, Senior Planner at CityHall or at (209) 827-7000, Ext. 133.

All persons are invited to be present at the public hearing. Written and oral testimony isinvited. Notice is hereby further given that if you challenge the above described Projectin court, you may be limited to raising only those issues you or someone else raised atthe public hearing described in this Notice, or in written correspondence delivered to thePlanning Commission at, or prior to, the public hearing.

Additional information may be obtained from the Community & Economic DevelopmentDepartment at 520 J Street, Los Banos, California. In compliance with the Americanswith Disabilities Act, if you need special assistance to participate in this meeting, pleasecontact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hoursprior to the public hearing will enable the City to make reasonable arrangements toallow participation at this hearing

THE CITY OF LOS BANOS

Stacy Souza ElmsSenior Planner

LOS Banos.4t ,lit: Cro5Smad..li oj 0.flijClynilJ

Community & EconomicDevelopment Department520 J StreetLos Banos, CA 93635

Phone: (209) 827-7000Fax: (209) 827-7006www.losbanos.or9

DESIGN REVIEW STUDY SESSION

TO: Chairman Spada and Planning Commissioners

FROM: Stacy Souza Elms, Senior Planner~

DATE: October 26,2016

SUBJECT: Project Study Session Review - Kagome Expansion

Project Description

The Applicant, Kagome, Inc., is proposing to build an additional new 55,180 square footwarehouse building with three (3) loading docks. The warehouse is to be used for stageand distribution of finished goods. The project site is located immediately south of theexisting Kagome facility and would be connected to the existing facility by a coveredopen bay. The project site is located within the General Industrial zoning district at 333Johnson Road.

Design Review - Kagome Additional WarehouseOctober 26,2016

The Community and Economic Development Department has referred the project to thePlanning Commission for a study session on the aesthetic aspects related to theproposed project pursuant to Section 9-3.2318(a) of the Design Review Ordinance. Theproposed project will require final site plan approval by the Planning Commissionthrough a public hearing at a later date.

Planning Commission Project Study Session ReviewPursuant to Section 9-3.2318(a) of the Design Review Ordinance, the purpose of thestudy session is to provide the applicant with feedback from the Planning Commissionearly on in the design process, before becoming overly invested in a design. Thereview is in the nature of a discussion between the Planning Commission and theapplicant concerning the aesthetic aspects of a proposal, and does not constitute a finaldecision by the Planning Commission concerning the proposed development.

Pursuant to Section 9-3.2318(b) of the Design Review Ordinance, the PlanningCommission's scope during the study session is to review, consider, and providefeedback on the following design aspects of the proposed project in light of the City'sGeneral Plan and applicable policies:

• Architecture;• Landscaping; and• Lighting.

ArchitecturePursuant to Section 9-3.2318(c) of the Design Review Ordinance, the PlanningCommission shall evaluate and provide feedback on the following architecturalelements:

• Architectural style and consistency;• Height;• Bulk;• Area;• Color of buildings;• Types of construction materials;• Physical and architectural relationships with existing and proposed structures;• Materials and variations of boundary walls;• Fences;• Exterior elevations of all sides of the buildings or structures; and• Methods used to screen mechanical equipment from public view.

The Los Banos Community Design Standards do not contain any specific guidelines forindustrial buildings. However, the Planning Commission is required to make specificfindings for approval related to the design of the project.

The proposed color of the additional warehouse will match the existing Kagome facility.

2


The project site currently consists of a 6' cyclone fencing with slats along the perimeterof the property, which will not be changed in order to screen outdoor equipment whichwill be on the pavement area.

LandscapingPursuant to Section 9-3.2318(c) of the Design Review Ordinance, the PlanningCommission shall evaluate and provide feedback on the following landscaping and sitetreatment elements:

• Types of planting and vegetation;• Rock groupings; and• Topography and location of landscaping areas.

The applicant will be utilizing the existing landscaping onsite.

LightingPursuant to Section 9-3.2318(c) of the Design Review Ordinance, the PlanningCommission shall evaluate and provide feedback on the following lighting elements:

• Aesthetics of exterior lighting

The project proposes to utilize the existing lighting onsite.

Project Review BoardThe proposed project will be reviewed by the Project Review Board (PRB) for theseaspects:

• Building layout;• Location;• Orientation of all new and existing structures and the relationship to one another

and surrounding properties• Methods of landscape irrigation;• Location and design of facilities for physically disabled persons;• Location of fencing and other screening;• Location and screening of refuse facilities;• Traffic circulation on-site and off-site;• Pedestrian and bicycle circulation and safety;• Arrangement of off-street parking and loading facilities;• Location and intensity of all onsite lighting; and• Provision of municipal and public services.

The PRB will be providing a formal recommendation to the Planning Commissionconcerning the scope of their review during the Site Plan Review process.

RecommendationStaff is requesting that the Planning Commission evaluate the architecturalconsiderations, landscape and site treatment, and lighting elements as described aboveand provide initial feedback to the applicant on the proposed design. No formal actionwill be taken at this time.

3


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