Planning Commission - Regular Meeting

Calling to order the regular planning commission meeting for Tuesday, June 17, 2025. At this time, we'd like a roll call, please. Chair Tidy Zamora here. Vice Chair Sid Alterman is um abstaining due a conflict with items 3.1 and 3.3. So we have our alternate in place. Armandanda Rodriguez present. Commissioner John Dyn here, Commissioner Joan Stewart here, and Commissioner Natasha Boso here. And our other alternate Ben Rubin is absent. Okay. Any planning commissioner, member or staff who has a direct conflict of interest on any scheduled dinner item to be considered is to declare the conflict at this time and said is made made that statement here already. At this time, members of the public may comment on any item not appearing on the agenda within the subject matter jurisdiction of the planning commission board. Individual comments will be limited to a maximum of three minutes and time cannot be yielded to another person. Under state law, matters presented during the public comment period cannot be discussed or acted upon. For record purposes, please state your name and city of residence. Please make your comments directly to the planning commission members. So, we'll open up to public comments. Hello. Yeah. Okay, now it is. Hi there. My name is Fred Walton. I live in Modesto, Northern Modesto on Hogue Road and my concern is the Riverwalk project. Um, I've contemplated this for quite a while and uh I know you'll be part of the

recommendation to the planning or to the council and um I just feel that the nature of river bottoms aren't best to be built on due to all the flooding and the sewer and the um the grand farmland that's there. But if if you are in debate on that, and that's been a subject here for quite a few years now. Uh I think that you should go down to the river bottom, walk around, look around, see what's best for that river bottom. Now, they also do have a high piece and I think that that might be more the subdividable piece. I think it's 150 acres. So, I recommend to leave that river bottom floor alone. keep it for farming, green belt, soccer fields, parks, and protect the river along it. And then if you're considering that riverbank does need to build, I would maybe consider the high part and continue that park ridge on out and make it a nice subdivision if necessary for the population of riverbank. But otherwise, I just don't think river bottoms due to all the the nature of them, I don't think is good for building on it. It hadn't been good in in the Delta. It hadn't been good in Sacramento. You've all seen that. Very good. Thank you. Hello, my name is Karen Canado. I live on Hog Road. Um, I'm here also to talk about my opposition to the Riverwalk project. Um, there has been talk of it being dropped as it exists, but it would be a mistake to approve it in my opinion. Um, however, it's modified. Um,

it this is prime worldass agricultural land, highly productive. They did not need to go into housing or commercial development. The reasons have already been stated many times, they continue to be valid. Um the the high class productive land I've mentioned, it's on a flood plane. Uh the impact on infrastructure, water, sewer, garbage, traffic, lights, etc. At the last city, well, I just want to the levy um that blocks the river from flooding is homemade. It was made by a very um skilled farmer, but that was many decades ago and it could be damaged by rabbit, gopher, squirrel holes, tree roots, all of those things. And it hasn't been checked as far as I know. Um at the last city council meeting, Bill Barry Hill mentioned uh that he was confident the land would not flood. And um with all respect to Bill um a couple of years ago the flood waters of the Stanlos River were just a few feet from the top of the levy had new Maloney been not been empty pretty much empty at that time I'm sure the river would have flooded even if the river even if the Maloney had been partially filled the river would have flooded the flood plane would have been un underwater um and you can calculate that through foot acres of water and um you know water released. Um anyway, thank you for letting me speak. I hope you consider opposing this project very carefully. There's been many complaints and errors in the plan and and and for good reason. It should be not approved. Thank you. Any

further public comment? Okay, we'll close public comments. We'll move on to consent calendar. All items listed on the consent calendar to be acted upon by a single action of the planning commission board unless requested by an individual planning commission member or member of the public for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by motion of the planning commission board. And we have item 2.1 which is posting of the agenda. The agenda for the June 17th, 2025 planning commission meeting was posted on the city community center bulletin board, city hall north and south bulletin boards post office, city website, and email to the library on May 15, 2025. Item 2.2, approval of the June 17, 2025 agenda. This provides an opportunity for the planning commission or staff to recommend that an item be placed on the agenda for discussion or to adjust the proposed agenda to allow an item to be taken out of order. Item 2.3, approval of the May 20, 2025 planning commissioning meeting minutes having been read by the individual commissioners and stands approved as submitted. I just wanted to add um item 2.1 on the agenda. Um the item 3.1 or I'm sorry 3.2 and 3.3 there the it's in the correct order. It's just the item numbers are numbered incorrectly. So okay. So 3.3 should be 3.2 and 3.2 should be 3.3. Okay. Any other amendments? Then I entertain a motion to accept the consent calendar as amended. Second. Roll call. Chair Zamora, yes. Commissioner Rodriguez, yes. Commissioner Stewart, Commissioner Boso, yes. And Commissioner Dyn, yes. Thank you. It's approved. 50. Okay. Moving on to the uh planning

commission public hearings. The public notice for items 3.1, 3.2 two uh were published on May 28th, 2025. For item 3.3, it was published June 4th, 2025 in the Riverbank News. So, we'll start with item 3.1, the reszone uh 02-2024, vesting tenative subdivision map 02204 and architecture and site plan review 09-2024, Sierra Village. Uh good evening, chair, good evening, commissioners. Uh before I start the presentation, I just wanted to make the commission aware that staff did receive one comment letter uh related to Sierra Village item 3.1 and uh you all have been provided that comment letter for your review. Um if you have any questions related to that uh for discussion, we'd be happy to um discuss that with you all. So the project for your consideration this evening is known as Sierra Village. It's located at 6509 Claus Road and the application file number is there at the bottom of the screen. Reszone investing tenative subdivision map 02204 and architecture and site plan review 09 2024. Sorry, it's on now. It's number one. Yeah. Excellent.

Thank you very much. So the again the subject property is located at 6509 Claus Road. It's further identified by its assessor parcel number there. The subject property is just under two acres in size at 1.94 acres. The general plan land use designation of the subject property is medium density residential and sits within the single family or R1 zoning district. So the project before you and for your consideration this evening consists of reszoning the subject property from its current zoning district R1 to a new planned development and the besting tenative subdivision map to allow that single 1.94 acre parcel to be subdivided into 27 single family residential lots. So here shows um the city of Irving's general plan map on the left and then the subject property uh zoomed in of course and identified with that star. Uh as you can see uh in the lower left hand uh side that symbol shows that uh all of the surrounding properties of the subject property are all identified as medium density residential which carries a density range of 8 to 16 dwelling units per acre. So here's an aerial of the project site. It sits west of Claws Road. It's sandwiched in between Sierra Street and Stannislaw Street and is just north of Patterson Road. For reference, this planning commission approved recommended for approval that Heritage 2 subdivision um for reference for location. So some details of the project. The the proposed project would either be would be required to either establish a homeowners association

um or prepare and provide a joint maintenance agreement um prior to the recordation of the final map. Now, the purpose for this either the HOA or the joint maintenance agreement would uh establish the responsibility for the long-term maintenance of uh what's listed there, the project's internal roadways, driveways, sidewalks, landscaping, and street lights. Um, additionally that uh HOA or joint maintenance agreement would be required to maintain the storm drain system including either a detention, retention or infiltration system as is necessary to accommodate any storm water that results from this or on this site, excuse me. Uh further the proposed project would be required to construct off-site improvements um curbs, gutters, sidewalks as well as a concrete masonry unit wall along the eastern boundary of the project site. So the frontage along Claws Road and then additionally wood fencing would be constructed. So the first entitlement of this project includes that reszone from the existing zoning district of R1 to a new planned development. So here we see as you all are well aware the the intent of a plan development is to encourage uh innovative designs. So with that the project proponent proposes development standards that are unique or specific to this development excuse me to this plan development zone. So first column on your far left shows the type of development standards. The middle column shows the current zoning districts development standards. the R1 zone and then on the far right column it shows the proposed plan development standards. Now the the modified uh or the standards that deviate from that R1 zone or uh marked or or are excuse me denoted with that asterisk. So we'll run through

those briefly. So the interior um minimum lot size is 1,800 square ft. The corner lot size is 2,186 square feet and the lot width, the minimum is 30 feet for interior lots, 40 ft for corner lots. Um, here we see the density maximum is one dwelling unit per 1,800 square ft. Um going down towards the setbacks, you'll notice that the rear yard setback proposed is actually greater than what is required for the R1 zone. So essentially doubling the 5yard rear yard setback to 10 10 ft uh for the rear yard setback. So here we get our first look um at the vesting tentative subdivision map which allows that subdivision of the single uh parcel and then a conceptual layout of the proposed project. Included uh is the architecture and site plan review. Um here's and the applicant is proposing four models A, B, C, and D. These are compact um residential units ranging in size from 786 to 780, excuse me, to 920 ft. Um on the right side, you see the um the the layout, the floor plan. And here, model A is is composed of two bedrooms, one bath. Model B is comprised of two bedrooms and two baths. And this is the largest of the four units that are proposed. Excuse me. And then model C is 852

ft. It's a two-bedroom, one bath. And then lastly is model D, which is 780 ft. Two bedrooms, one bath. Here we'll see the proposed landscaping plan. Um, as you'll note on the left side, the landscaping plan that was originally provided has been has since been modified. The applicant has worked with staff and has agreed to actually double um the park space. So, instead of one lot, they've doubled it and now there's two lots. So you'll see on the right side um that that park space the common area common park area is actually the the size of what are two lots essentially. So for some uh general plan consistency policy land 2.4 4, the city encourages reuse of vacant and underutilized land in the infill opportunity area. And this subject this the subject property is actually located within that infill opportunity area. And I'll just uh make a note on that. um that infill area or infill opportunity area per the city's adopted general plan says that this opportunity area will consist or mostly consists of apartments, condos, town houses, uh small lot single family structures and other compact residential units units, excuse me. So you'll notice that this project is consistent with that infill opportunity area. Uh, additionally, the project's consistent with uh, land policy 3.3. The city will encourage compact development, which places an origination and destination points closer together, so

residences are close to stores and schools, allowing for alternatives to vehicular travel. Uh, the proposed project is located within walking distance to Riverbank High School. um the Market Village and other eeries and convenience um and also uh some some bus stops in the area of Patterson and 8th Street as well. Uh the project was properly noticed um for the public hearing this evening. It was published in the Riverbank News as well as notices were mailed to properties within 300 ft of the project site. The project the proposed project is categorically exempt from further environmental analysis pursuant to SQL guidelines for the section um 21159.21 which is the exemption for qualified housing projects. Recommendation there are three resolutions. So staff is recommending the following actions. adopt resolution 25006 which be which would be a recommendation to city council to approve the the reszone of the subject property from the single family residential R1 zone to a new plan development. The second is these are all recommendations to the city council um for the approval of the vesting tenative subdivision map which would allow that subdividing of the single 1.94 acre parcel into the 27 single family residential lots and then finally recommend to council the approval of the architecture and site plan review. Um, that concludes staff's presentation and I believe the applicant representative is here and would like to make some comments if that is okay. I

did have a couple of questions. Absolutely. In the original paperwork I mentioned in in Lou fee for parks, is that fee no longer going to be collected because of the expansion of the park area? No. Staff uh, excuse me, the project would still be subject to pay in loo fees for the for the park. Okay. And these particular units are going to be market rate units. Yes, sir. So there's not going to be any deed restrictions. So you can't avoid investors coming in buying all the lots and making them all rentals? No, they're they're all market rate for sale uh individual residential units. Okay. And then regarding the HOA or the joint maintenance agreement, when will that be decided and who decides that? Yeah. So that will be required prior to the final map recordation of that. So, the vesting tenative subdivision map will be approved by council and then either the developer will have to make the improvements, say, you know, the offsite improvements, curb, gutter, sidewalk, um, or bond for those improvements and then, um, and then, excuse me, um, and then the the HOA or the joint maintenance agreement will have to be established and provided to staff prior to the recordation of the final map. So that would all be spelled out prior to the approval before they can build residential units. So that either the HOA for the maintenance of that internal lot and the internal constructed, you know, curb, gutter, sidewalks, street lights, etc. Um that would all have to be sorted out subject to review by the city attorney, city engineer, community development director um before they would be issued a building permit. Is there one direction or other that staff recommends the the builder or the project to take? Um because sometimes I think an HOA would probably be more attentive to the maintenance than than the other agreement. I didn't know if there was one preference or the other. So the project hasn't been conditioned to do one or the other. Um but I I don't

know if Josh could speak on that. Uh sure, Chair Zamora. So the the intent of the condition is that the applicant either provide the HOA or some similar instrument so that the um the common maintenance can be you know shared amongst the the future property owners. I don't know that the city necessarily has a preference as to one entity or the other. Um it's just commonly that's that's the instruments we see is through a homeowners association or some type of shared maintenance agreement between all the property owners. Okay, those are all my questions. Thank you. I have a question. Is the developer here? The applicant uh representative and property owner? Yes, sir. I I applaud the fact that you're building smaller homes, two bedroom, one bath, two bedroom, two bath. What was your thinking in providing this type of a a unit instead of a four bedroomedroom, twotory, 6,000 foot house? uh the developer the applicant representative have al have also have a presentation uh for you the commissioners let's should we open the public hearing first and then do that after let's do that okay let's open up to public comments on this particular item are there any public comments yes good evening commissioners my name is Mary Cruz Salavar and I live right behind this proposed project. Um, so me and my husband Laura Laoya live directly behind the proposed Sierra Village development. Both of us have lived in Riverbank our whole lives and we have now made this choice to raise our children here. This neighborhood means a lot to us. It's where we built our home, our family, and our future. That's why we're deeply concerned about this

project. The proposal to place 27 homes on a oddly shaped 1.94 acre lot would this would severely impact our family's privacy, safety, and quality of life. The planned homes will be extremely close to our backyard with little to no buffer. As we saw, the houses are lined up right up to our fence. Um, something else that was just brought up, the what if it is bought and it's all rented out and people consistently in and out. So, there's no consistency there for the people that are living if it's going to be rented out, move uh in and out constantly. We are very concerned about traffic as well. Um, it is near Highway 108, Riverbank High School, both of which already cause congestion and safety issues. adding adding dozens of homes and vehicles to this narrow space will only make it worse. There's also drainage and flooding risk, a lack of emergency access, and no green space or public benefit. This project simply does not fit in our neighborhood. Please listen to those of us who are directly impacted. We respectfully ask you tonight this resoning request. Thank you. Any other public comments regarding this matter? Okay, we'll close public comments and we'll move forward with the applicants presentation. The public hearing still open for our comments or Yes. Yeah. Yeah. Okay. Um well, I guess uh first of all, I want to uh thank uh staff for all their hard work in this project. It's taken us probably close to a year or more to get to this point. So, we appreciate it and we thankful for being here. Uh I'm Rick Mummer with Benchmark Engineering Modesto. Uh representing Carrie Han and Gary Lev. Uh Gary's with us tonight. Uh Gary and Carrie are uh really

their forte is custom homes. They brought the custom home feel to this small smaller homes because it's a way for them to give back. they they uh been very successful in their in their home building career and a way to give back and also uh provide a much needed uh housing opportunity. Um we've read all the conditions. Uh we agreed to the conditions. So um I think we could set the conditions aside. Uh, one of the things I wanted to mention, uh, so, um, the young lady that just spoke, um, is that the water and sewer and storm drain system is, well, water and sewer is public going through there. We're going to have easements through there. So, each house will have a city water service and a city sewer service. They will get their individual bills for their for their lots. Um, so the letter that was just brought up yesterday, staff provided an opposition letter from from the neighbors and uh, Mary Cruz, Salvar, and Eduardo Moya. I appreciate you coming in. I appreciate your letter, but I just wanted to uh, clarify uh, a few things and address some of their concerns. Okay. So, uh, if you have your letter, their letter in front of you or her letter in front of you, um, they talk about, uh, their key concerns, loss of privacy and overcrowding. Uh, when she mentioned about the, uh, houses being right behind her home, right, that's accurate. Um, staff presented the, uh, minimum setback of being five feet. We're proposing 10 feet, which is five. It's double the minimum, right? I also want to make note that Miss Salavar's house is 70 ft from the property line. She she's on roughly 70 ft from the property line of those houses that back up to her. You know,

her her house fronts on Sierra and it's quite a large backyard. Um and then she talked about the uh second story windows directly facing into the backyard. You saw the beautiful renderings. They're all single story. None of them exceed 20 ft height. So there's no one looking in in her backyard. Um the she talks about the increased traffic uh the proposed project off- streetet parking with no driveways backing on the claws backing on Sierra backing on Stanos. They're all internal parking except for on Sansaw Street. Those houses actually front but they park behind. They could park on the street also that there's that uh additional parking well I'll call off streetet parking right. Um and then uh she talked about the drainage risk and the lots drain away from the property lines. We can never drain on somebody else's property and this is actually going to help potentially at the drainage system especially in status loss because that's a pretty brutal street. Um the county was supposed to fix it up and they never did because the north side of the streets, you know, a county island and so uh the county saying no, the whole street's in the city so we got to put in the new street on on Stansaw Street. Um so they drain away from it into the parking area captured into a trench drain system which will be uh on-site and privately maintained. Um they t she talked about the two points of access that two point act two points of access which we have one on stas and one in Sierra uh is a typical access for uh emergency vehicles. They uh even in apartment complexes, you have to have a secondary point of access, which we we have those two points. Uh and all the fire truck turning radiuses have been accounted for on our on our project. Um incompatibility with neighborhood character. I think Michael mentioned it well where the general plan has this opportunity area, right? And this is exactly what that general plan was calling out for. The general plan's

medium density residential rather than the single family residential chart. We saw that sideby-side comparison. Well, we don't have to. It's It's more in line with the medium density requirements rather than that. Um, so, uh, 8 to 16 dwelling units per acre. So, we could have had up to 32. Could we fit 32? Probably not without going multi-story or it just didn't fit in the developers goals there. Um, the, uh, park that we propose, uh, it was staff's recommendation that we we uh, double that park. You know, we got some solar, we got picnic shelter. there's going to be a really nice park, but it's for the residents of the community of the private community, not public. And she was right in saying that, but we still we still providing parkland and we're paying the inloo fee for the park that's required uh by this project. Um the uh uh all the parking is contained on the site and it's got internal circulation sidewalks. We didn't we didn't cut out sidewalks just because we're in private. Uh we have the sidewalks in there. So, I I think it's going to be a a great project, you know, and and you you look at the architecture and the the color renderings that were up there. Um uh that you could see that it's it's going to be a higherend uh small house project on small lots. Um this is uh Sierra Village is not a project for the unhoused. It's not an affordable project. It is market rate. Don't know costs are changing, you know, daily, weekly, monthly. Costs have risen. We originally thought we were going to be in the 350 range. Now we're hoping to keep it as below 400 for sure, but we got to look at those costs when they come up and all all across the board. Vertical construction, site construction, it's all it's all really increased. Um, but we want to give Gary wants to give an opportunity for seniors, young professionals, single parents with children or a young couple starting out an opportunity to

own their own home. Um, I just asked Carrie when the when it came up is his goal is to sell it to to uh noninvestors, right? But when things say slow down or not selling or something like that, he can't rule that either, but it's not the intent or the goal to to do that. So, I'm here to answer any questions that you have um the best I can. Thank you. Chair, may I ask another question? Yeah. Would you explain in more depth the parking situation for this project? Sure. I I don't see any garages on these houses. Yeah, there's no garages. Parking lot. It would be it would be similar to an apartment complex where you go in there and you have your assigned stalls for your your particular uh unit and it's two spaces per house which even an apartment is probably one and a half spaces for. So we got the the parking enough for every unit, two stalls for every unit. Plus, we have the street on um Stansaws to park on. Thank you. In terms of once they're built, then you're selling them. Is there any plan to partner with a lender that might be able to offer or the the builder offer incentives to first-time home buyers? Um those of the population, anything like that? No. uh a later item on 3.3. Uh Carrie Pope and I have had those conversations and and and and Gary's also is maybe there's some opportunities out there with the city has some programs or if there might be other programs available to first home buyers, first-time home buyers that we definitely want to seek any of that help and hopefully interest rates go down a little bit and make a the house payment go down a little bit. Okay. Thank you. Any other questions? Yeah, I have one. Um, I know that you mentioned fencing. So, would each of these homes be fenced with their own private lot? That's a great question. So, what we're proposing tonight, I don't know if you you saw it in in in the tiny home ordinance, the setbacks are four feet. We're proposing

3 feet. So, we don't have a fence between the units to give the fire department six feet to be able to um say in emergency situation, either a fire or emergency situation, be able to get down to the sides. But in the back of the lot, the houses at the rear of the house will have a fence with gates to go into the rear yard. And then they have that 10 foot by 30 foot backyard that will be fenced off. So, we'll have new perimeter fencing. We have walls along uh Claws and and Sierra. No, not Sierra. No, we don't. Just claws. Houses would not have private yards. They do have private yards in the backyard. It's still their lot. it like maybe your front lot front yard of your house is not fenced but it's private property right these lots will be owned I don't know where we can get that map up but yeah they'll these are uh they they own the house and the thank you Michael uh they own the house and the lot so there' be a a safe place for a child to play and a dog to play right yeah so um let's see maybe the tenant or do you have the development plan exhibit by any chance? Oh, yeah. So, where the houses are placed on? Yeah. See, see the backyards right there? All those backyards on the wall backyards. Oh, okay. Is this it? Oh. Oh, whoa. Michelle will attest that I am technically in uninclined or not capable. So, all these backyards here, these will be fenced between here. So, there will fence right here. This is all backyard for for their and then all

along here and all along here and here. They all have backyard. Now, these have front yards that face these houses face down street, but they do have backyards also adjacent to the parking stalls. And here's all the parking stalls. Uh, and we just didn't make it one giant parking lot. We have landscaping uh little landscape islands in between there. Uh, this park is all landscaped. It's got barbecues and so forth that's being proposed. Hopefully, this becomes like a signature project for the city and we can do that in a couple other little infill areas. it. I hope it really works out if it gets approved. All of the exterior landscaping would be under the control of the HOA, right? All this Yes. All this common area landscaping, parking lot, drainage, sight lighting that's in the parking areas would all this park would all be uh a part of the HOA or the maintenance agreement. We're probably going to lean towards the HOA so the HOA could actually own the commonary lot versus our client keeping it, you know, in perpetuity. So I I think that might be the better way to go. Help answer your question. Any other questions? Great. Thank you very much. Thank you. Okay, ready for vote. I need Oh, we need to entertain a a motion. approving item 3.1. Oh yeah, we'll close up the p public hearing. Now we can move forward for a motion. I move we approve item 3.1, the reszone of 02-2024, subdivision map 02-2024 in architecture and site plan review 09-2024

department file 24- Excuse me, Karen, you wanted to speak again? Yeah, we can reopen public comment, right? My name is Karen Colorado and the only comment that I would like to make would be that the these are low not low-income homes, but they're small homes as starter homes and you're talking about an HOA or a joint um maintenance program. But that takes away the cost of the city for the city being responsible for all of those. But these are that means that these people are going to be responsible for all the street lights and the sidewalks and the maintenance and that will only that cost will only increase over time. So I think that that should be brought into consideration. I I just think the city should be responsible for that, not these young or older, you know, less able financially to be able to um have that additional cost of an HOA. And um that was the main my main point really. Thank you. Any further public comment? Okay, we'll close public comments. I'd like to respond to that public comment if that's okay. Uh, I hear what you said. I lived in a condominium complex for 20 years in San Jose and they're always have homeowners associations and are in fact responsible for lamps, paving, roofing, the whole nine yards. And I I think this is very similar to a condominium complex except that they're

individual homes which is great. I I would strongly support an HOA. Okay. Any other comments? Okay. We'll entertain that motion once again. By move of approval of item 3.1, reszone 02-2024, vesting tenative subdivision map 02-2024 in architecture and site plan review 09-2024, Sierra Village. I will second. Okay. Roll call. Chair Zamara. Yes. Commissioner um Rodriguez. Yes. Commissioner Stewart, yes. Commissioner Baso, yes. And Commissioner Dinan, yes. It passes 50. Okay, we'll move on to the next item on the agenda, which is listed as item 3.3, but is actually 3.2, the cont conditional use permit number 03-2025 uh regarding Elgustto COA Italiana. Uh thank you, chair. So, the application before you this evening is uh for Elgustto restaurant, an existing restaurant that's located within the downtown specific plan at 3525 Aerson Street. Sorry about that. The conditional use permit uh number 032025. So, for some background again, it's located um along Aerson Street within the downtown downtown specific plan. Uh it has a general plan land use designation of mixed use. The corresponding zoning district within uh the city of riverbank is neighborhood commercial, but because the it's within the downtown specific plan that supersedes the zoning ordinance with respect to the neighborhood commercial. So the downtown specific plan designation is highway boulevard. So

this uh proposed project uh is sort of twofold. Um the conditional use permit is to allow first the conversion of the existing commercial building into a banquet hall with overflow capacity um in conjunction with the existing restaurant down the street that's also sits on uh Aches Street. And then the second component is to allow the sale of beer and wine for on-site consumption. Now the type of license that will be um pursued by the applicant is to be determined um with ABC application. So here we have an image of the project site along Aches Street as well as State Route 108. Um it's sandwiched between existing commercial um as well as the existing res um restaurant, excuse me. Here's a photo of the actual downtown specific plan with the corresponding uh zoning districts um within the downtown zone. Um again, the project site is um marked with the star. Now, the Highway Boulevard zone encourages um development that supports retail shops, catering services, eating establishments, and other similar uses um along the Highway Boulevard zone. So, the first part, here's the site plan. The site plan and the floor plan, the architecture, as we'll see, is really not being modified so much, but the scale the scale is smaller. Um the floor plan improvements as you'll see is is small but to accommodate the overflow capacity and the banquet uses. So this is just to illustrate what is existing um at the at the site presently.

So here's the the floor plan that um you can see the scale is really small. So it's not going to be a banquet hall that serves hundreds of people at this site or a large group. Again, it's just to serve overflow capacity from the existing restaurant. One point, however, is the the improvements that will be made are to accommodate the ADA requirements. So, there are three um doors that have been improved by 6 in 36 in to 42 in wide to accommodate the entrance and exit of uh patrons. So again, this is just to illustrate the existing conditions. Um any any signage that is proposed will require additional review by staff and approval by staff. Now the second component of the proposed project, the conditional use permit, the city zoning ordinance and municipal code require a conditional use permit for the sale of alcoholic beverages, whether it's for on-site or off-site consumption. So staff has um excuse me, I I'll go through uh these three bullet points. Um Eluso again is an existing restaurant that wants to continue doing business in the city that wishes to enhance the convenience and experience for their patrons. And then additionally, they would like to compete with the surrounding businesses within the downtown specific plan. Um staff has reviewed the applicant's request for a conditional use permit and has determined that the required findings have been met and is ultimately staff's ultimately recommending approval for this conditional use permit. This project is exempt from uh SQA review uh based off of the section 15301 uh SQA guidelines which is existing facilities.

Uh so finally staff's recommendation is to adopt resolution number 250012 for finding the project categorically exempt under that SQUA exemption 15301 and approve the conditional use permit 03 20225 for the Elgustto expansion. So if you have any questions I'd be happy to answer those questions. So this particular site they just wanted to be an extension of their current facility. So, as an overflow seating for dinner patrons, that kind of thing essentially. Yes. And then to allow um other patrons to potentially rent the space um for uses similar, but also for the overflow capacity, it would just be another use. For example, if they want to rent it, but also have food served from the restaurant, they could do that. So just think of you know private rooms that are you know um ma reservations are made at restaurants that have the space but Elusa doesn't have the actual space at their existing restaurants essentially. Yes. You know what the seating capacity is going to be? Um I I do not but I could get that from the applicant. Yes sir. I I could chime in on that. So, I believe the proposal would be up to 30 patrons or um eating there plus staff. The staff I think is a handful of staff. So, um ultimately it's going to be determined based on the building code, fire code, and those type of things. Okay. Thank you. Any other questions? And we'll open it up for public comment. You have any public comments regarding this item? Seeing none, we'll close public comments and we'll take roll call. Oh, we do need a motion. Thank you.

I make a motion that we accept item 3.2, conditional use permit number 03-2025. Okay, now we're ready to go. Okay, Chair Zamora, yes. Um, Commissioner Rodriguez, yes. Commissioner Stewart, yes. Commissioner Boso, yes. And Commissioner Dinan, yes. The pro it's approved 50. Excellent. Moving on to the final item here, um, which is listed as 3.2, which is 3.3, which is the reszone item 01-2025, vesting tenative subdivision map 01-2025, and architecture and site plan review 04-2025, the Meadow View subdivision. Thank you very much. Thank you, chair. Again, this the proposed project before you this evening is um known as Meadow View Meadow View subdivision, excuse me. Uh the entitlements requested for this application are similar to a 3.1. So requesting a reszone to plan development, a vesting tenative subdivision map to allow the subdivision of the subject parcel and then architecture and site plan review. So for some background, the project site is located at 4537 California, excuse me. It's identified by its assessor parcel number and the project site is 5.83 acres in size. Uh the general plan land use designation is uh medium density residential and it sits within the single family residential zoning district. Now this project again it consists of a reszoning the subject property to a new plan development and then to allow the subdivision of the single 5.83 acre

parcel into this time 31 residential units, residential lots, excuse me. So here we see the the aerial of the project site. Um it sits at the northwestern corner or corner of the intersection of Sedigar Road and California Street. Um just west of the project site is Brewan Heights which is a similar subdivision in kind and architecture. So this proposed project would prior to the issuance of the first certificate of occupancy it would be required to um do the num number of things listed here. So it would be required to improve the intersection at California Avenue California street excuse me and road um to excuse me by installing a four-way stop sign. they would pay they would be required to play pay all applicable system development fees with those system development fees. Uh traffic impact portion of those SDFs will serve as the project's fair share uh contribution toward the planned signalization of the intersection at Snediger Road and Patterson Road. just north of the project site. The proposed project would also be required to construct um off-site improvements including curbs, gutters, sidewalks, and wood fencing between the residential lots. So, similar to the first application before you this evening, it's a resone to plan development. So, similarly, they proposed uh development standards for this planned development zone. And again, the the modified or the deviations from that R1 zoning district are marked with an asterisk. So, we see that for interior um interior lots, the

minimum lot size is 4,500 square ft and 5,000 square ft for interior lots. Now, that minimum lot size of 4,500 ft² applies to less than half of the lots that make up this subdivision, whereas the remaining lots are between 5,000 um and 10,000 square ft. The density um is consistent with the general plan land use designation of medium density residential, which is that range of 8 to 16 dwelling units per acre. The proposed rear lot and the side, excuse me, the rear yard setback and the sideyard setback for corner lots are double the um development standards for the R1 zoning district. So, here we have uh our first look at the vesting tenidis subdivision map for the proposed project. And we'll see here a closer look of the pro the proposed project. Uh so here we see the the largest lot. There's an existing dwelling on lot 31. That green lot would serve as the park basin dual use basin to manage storm water. Um and circled in red um is also a requirement if propo if the proposed project is approved that would require um roadway dedication to the city. So essentially on California Avenue as I showed previously the Bruin Heights subdivision located to the west. Um this dedication would essentially line up this subdivision. So see the curb, gutter and sidewalk would be you know connect and then extend that pedestrian walkway. and then also expand the width of the rideway along um California Avenue and Snediger.

So with this project, the applicant so mind you it's 31 lots in some but the applicant uh with this architecture and site plan review has proposed um eight different models with three elevations. So think of 24 options for a total of 31 units or essentially. So here we get our first look. Um and then this is just a sample I've provided for the total packages within the the agenda and staff report as attachments. So here is the Violet. That's the smallest of the options. It's just under 1500 square feet with a three-bedroom, two bath um home. All units have a twocar garage. The uh the Iris is a bit bigger at 1770 square feet. We see the three elevations provided by the applicant here. They all have the combination of a great room and kitchen. Here's the Rose, which is I believe the it is the largest of the offerings out of the eight models at 2,18 square ft. Offers a four bed, three bath combination, again twocar garage. Here is the Sunflower 4, 2 and 1 half bath combination, twocar garage. And again, this is just a sample of the eight um offerings in some. So this this project is consistent with the city's general plan. This uh here is the design 4.2 which says that approved projects and subdivision subdivisions excuse me shall provide diversity among dwelling units and use of color building materials etc. And so for the 31 lots 24 essentially 24 options are made

available. So there's a variety of course. And then finally, um, the general plan policy design 3.2 approved plan approved plans, excuse me. Projects and subdivision request shall provide residential site and building design that contributes to an attractive pedestrian friendly environment. Um, again, this entitlement request includes the architecture and site plan review. Um, so it's consistent with those requirements. And then similarly, the sidewalks will be installed as a condition of approval and then connect this new subdivision with the existing Brewin Heights to the west. This project similarly to item 3.1 is exempt from SQA review pursuant to uh SQA guideline section listed there. an exemption for qualified housing projects as a requirement, a city requirement, a legal requirement. This um because it's it's such a wide uh California and Snediger, we asked the applicant to post two notices in case passer buyers, you know, are on Snediger or California. We he the applicant was agreeable to post two development application notices here as you see pictured here. So, um, staff is recommending the following actions. The adoption of, uh, the three resolutions here, and again, that these are recommendations ultimately to city council. So, if uh, the commission has questions, I'd be happy to help. Thank you. Any questions, commissioners? Um, can you go back to the site map, please? Absolutely.

Yes, ma'am. All homes are those which maps are the all the small homes? I know that we have a variety of lot sizes. So, are they just mixed in with all the other lots or are they all a block of the small lots? Um well the lot sizes range from 4500 square feet up to 10,000 square feet. And the smallest um the smallest home prop dwelling unit proposed is so bear with me is 1,466 square ft. So none of these are necessarily small or compact by design. lot sizes are all dispersed completely throughout through the looking at this it looks like all the from 24 through 30 are all the small lots and then the larger lots are like around the perimeter is that is that just they're largely uniform um the smaller lots say 2 3 4 24 through 30 um let's see if I and see though they don't have the sizes on. Um, yes sir. That's correct. Yeah. So, in the staff report and attachments, it has the the development plan which lists um the square footages for each lot. Yes, ma'am. I apologize. And are the is there a floor plan assigned to each lot already? I believe so. development plan for the lots are included. Yes, sir. Okay. Any other questions from the commissioners? Okay, then we'll open up for public comment.

Good evening, commissioners and staff. Um, my name is Mary Alpers. I live at 6200 Snediger Road. I'm very very pleased to see under project details that you're going to improve the intersection there at California and Snediger. I've I've lived in my property for 53 years and that intersection has been dangerous becomes more dangerous constantly and I hope that you you do complete this. Um the north side of Snuted from California up to Patterson is a city and south of that belongs to the county. So, I hope that's not a problem to to make that a four-way stop, but it's it's very satisfying to see that you it's going to be required one way or another. So, thank you for this with all the subdivisions there. There are so many pedestrians taking advantage of the the nice walking and biking activities that desperately need that four-way stop. Thank you. Okay. Good evening, Norman Enriquez, and I am also a neighbor. I do have two things to request. I know we're looking at the resoning right now, but we have a really nice community out there. These brand new houses with their zeroscape landscaping that doesn't look that nice. So when it comes back to you, I don't know about the zerocape landscaping because all we have is that bark all over the sidewalks, they're going the bark goes in the

gutters in the winter time and it it looks like it's difficult upkeep because a lot of the neighbors just have weeds. So it's a beautiful neighborhood, but these these zeroscape landscaping is really not not making them shine. And then the other comment is just because I've gone through this is the underground um electricity and the underground uh infrastructure that goes in the electricity especially because for those of us who have been there for a while we have these big electrical poles and what happens is the developer will say yeah we'll we'll take it underground but the neighbor next to them gets those poles. So, um, instead of just, you know, taking theirs under, they move those poles to the neighbor next to them. So, that's just, um, as a heads up probably to the neighbors. But other than that, I mean, beautiful community. So, hope it comes in. Good evening, uh, chairman and me members of the commission. Um, Carrie Pope. I'm the applicant. um lived in Riverbank 38 years. Um just about three blocks that way. So nice and close to y'all. Um be happy to answer any questions. Um uh you know, oftentimes with the landscaping and and and a lot of the electrical systems were were mandated to to be able to underground everything that's that's within um you know, our project um boundaries. And um you know we certainly don't want to impact anybody you know any of the neighbors around us. Often times it's not any of our decision. It's PG&Es and and others that that will uh require some of these things. But um regarding

some of the landscaping not Norman not my first choice as well. Um you know frankly I like grass you know but we're not allowed to to do that anymore because of the water situation. But um I do hear you and we'll uh take that into consideration as well. Uh so I'll be happy to answer any questions that you may have of me. Yes, John. Curiosity question either for yourself or staff. Mary wants a four-way stop sign in the beginning for that intersection. Part of it is county, part of it is city. Is that a real hassle to deal with? I know. That's a great question, Commissioner Dan. Um that's something that we looked at with the city engineer in terms of if the geometry would work and and basically what what the improvements are going to look like are striping and a sign. So um city engineer is pretty confident that we could make it work um in terms of the available space on the unincorporated county side. On the city side, it won't be an issue, but there is the um the two sides that that come into the unincorporated area that we looked at. Thank you. Okay, let's go with the Zoom comment. Okay, Thomas, you can go ahead. They did the work. Okay, Thomas, you're we can hear you now. And they're better than what you're

thinking. God is so good. I don't know. I agree with the last comment. You know, God is good. So, that's great. Let's come. Okay. Any other public comments? I know the young lady was going to What? One other thing. I just wanted to to to commend um staff Josh and and others. Uh you guys have a great staff here and uh we I really enjoy working with with them and and they've been a great help for us. So I want to commend them as well. So thank you. Okay. Thomas, are you there? No, just a prank. Yes, please come. We'll keep trying. Hi, my name is Stacy. Um, I live on Snder and like Mary, um, that intersection is horrible. So, if a four-way stop is great, I do have concern, um, with the increased traffic coming down Snaggar in California. um happy to see some of the road improvements especially um on Patterson there by the high school but it is detouring down Snediger. So we're seeing that in a lot increased um traffic and

Snediger is like being held up by duct tape as it is with the patches of holes and stuff. So hopefully that's factored in somehow. Um but that would be my biggest concern. Um I'm hoping I'm sorry that not one two three because I like my little country but yet you know life with a little bit of uh being close to the city but um increased traffic would be my main concern and but yes that that has to be a four-way stop if we're going to increase the traffic as it is with the detour and then coming down from Eleanor and down um California and Snager every day you take your life into your own hands and hoping that people are going to stop because it's hard to see sometimes around those corners. So, um the increase in traffic, but and I wish we could do something about the landscaping. Yes, they're beautiful developments, but if you walk through them, they're hard to look at with the increased weeds and whatnot. So, that's my two cents. Okay. Did we get that working? Yes. Go ahead. Okay. Uh, my name's Tom Owens. I'm a civil engineer and a land surveyor and I'm testing for my architect's license and in the middle of it. I've got a couple of concerns. One is the density. As you approach the uh the agricultural areas, generally you want to try and increase the density rather than decrease the density. California Avenue is uh since Brewing Heights got built has been seeing a lot of traffic. In fact, a lot of construction traffic and it's really trashed the road.

Uh Snider is already in terrible shape all the way from California to Patterson and I don't know if it can handle that extra traffic. I think a better design would be to loop that road around on the inside, put the storm drain basin up on the northeast corner and keep all the traffic into California since it's all improved all the way out. and um that's about all I got on my notes. Okay, thank you. Karen, you have a commentado. I just had a comment about the zero landscaping. I'm concerned about that as well. Um, anytime you have, especially in this California heat, Modesto, riverbank heat, um, you know, shade trees and shrubs are pretty vital for, um, comm for a family backyard. You know, you need shade and um, that helps gather families together. That helps make a community. So, I would like you to guys to consider a little more room for landscaping for trees and and grass if maybe or some some sort of shade to um reduce that so people can enjoy their backyards. Thank you. Do we have any more public comments regarding this item? Okay, we'll close public comment on this item. uh entertain a motion on this item. I'll move approval of item 3 what what is this 3.3 3.3 resone 01-2025

besting tenative subdivision map01-2025 in architecture and site plan review 04-2025 meadow view hey roll call chair Zamora Yes. Commissioner Rodriguez. Yes. Commissioner Stewart. Commissioner Boso. Yes. And Commissioner Dinan. Yes. The projects approved. 50. Okay. We'll move on to item four. Any planning commission comments from any of the commissioners? Yes, I have one. I don't know if I don't know if the planning commission knew anything about this, but I have noticed almost every single neighborhood in Riverbank has a very large number of lawns that are dead, dying, or covered with tall weeds. Um, and I know that this is a a personal choice, but it also has an effect on the neighbors. It it will bring insects. Some of them are actually a fire hazard, and I know that it is definitely going to start affecting property values. So, anything that we can do to convince people if if they're going to let their lawn go dead, at least mow it to keep it looking halfway decent. That's my comment. Thank you. Any other commissioner comments? Okay, then we'll move on to item number five. Can I refer any correspondence? Uh, good evening. We do not have any correspondence uh this meeting. Okay, then we'll move on to you, Josh. Any staff comments? Item number six. Sure. I just had a couple of items I wanted to highlight. Um, as I think you all are aware, we have a uh Riverwalk workshop July 9th. So, um hopefully you can all attend. This will be a joint planning commission city council um event where we get to hear a lot of information about the project. Um other than that, I

just wanted to mention um next month we'll we have so far one project scheduled for the planning commission agenda. That's an apartment project on Morell in between Jackson um and Howard. So, um not sure if we have any other projects lined up. who for sure we'll have that one next month. Um that's all the comments I have tonight. Thank you. Okay, with that we move on to item number eight which is adjourning. So this meeting is now adjourned. Yes.