PLANNING COMMISSION MINUTES OF JANUARY 5, 2017

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1 PLANNING COMMISSION MINUTES OF JANUARY 5, 2017 The San Joaquin County Planning Commission met in regular session on January 5, 2017 at 6:30 p.m., in the Public Health/Planning Commission Auditorium, 1601 East Hazelton Avenue, Stockton, California. The meeting was called to order by Kitty Walker. The Pledge of Allegiance to the flag was given. Roll Call: (present) Commissioners Chris Kontos, Vice Chairman Miguel Villapudua Kitty Walker Stan Morri County Staff Zoey Merrill, County Counsel Alex Chetley, Department of Public Works Frank Girardi, Environmental Health Department Community Development Department Staff Kerry Sullivan, Director Mo Hatef, Senior Planner Jennifer Jolley, Principal Planner Megan Aguirre, Associate Planner Carla Raborn, Account Technician II (absent) Randy Hamilton P. C. MINUTES

2 ACTION ITEMS: 1. VARIANCE APPLICATION NO. PA OF DWIGHT J. & SHARON A. BUSALACCHI TRUST (C/O GERARDO ESPINOSA) to reduce the minimum front yard setback requirement from 200 feet to 93.5 feet for a proposed small winery. The project site is located on the north side of East Kettleman Lane, 1,300 feet east of Tully Road, southeast of Lockeford, (Supervisorial District: 4). Jennifer Jolley, Principal Planner, introduced the staff report into the record. PUBLIC HEARING OPENED: PROPONENTS: Dwight Busalacchi, Applicant, gave a history of the property and the plans for a small winery. Commissioner Walker asked for explanation of the building pad site. Dwight Busalacchi explained that it is the only undisturbed ground and that the large building pad was poured in order for a future building for a winery. OPPONENTS: None. REBUTTAL None. PUBLIC HEARING CLOSED MOTION: It was moved, seconded (Morri/Kontos) and passed with a vote of 4-0 to: VOTE: 1. Approve the Negative Declaration; and 2. Approve Variance Application No. PA with the findings and Conditions of Approval contained in the Staff Report. AYES: Morri, Walker, Villapudua, Kontos NOES: ABSENT: Hamilton P. C. MINUTES

3 2. USE PERMIT APPLICATION NO. PA OF JAMES SANCHEZ (C/O BAUMBACH & PIAZZA/HARVEST POWER) to expand an existing green materials full composting facility. The expansion is to include an increase of the operative footprint from 20 acres to 40 acres and an increase of the annual processed tonnage from 156,000 tons per year to 182,000 tons per year. No new buildings will be constructed as part of this application request. The facility is to continue processing urban green waste, wood and agricultural residue. The project site is located on the south side of Frewert Road, 6,600 feet west of Manthey Road, north of Lathrop, (Supervisorial District: 3). Megan Aguirre, Associate Planner, introduced the staff report into the record. PUBLIC HEARING OPENED: PROPONENTS: Michael Hakeem, Attorney for Applicant, gave a history of the project and the previous expansion of the site. He explained the Health Risk Study concluded the expansion would not result in a significant increase in risk to surrounding neighbors due to air quality. He discussed the revised Odor Impact Management Plan required by Environmental Health Department that the changes will not create significant odor impacts. He explained the plans for storm drainage which will be reviewed and approved by Public Works. He discussed the noise study and mitigated requirements of the original Use Permit and that all requirements were met at that time. He said that the traffic conditions have been reviewed by the Public Works Department and there is no significant issues. He said that this expansion will increase the staff base from 10 to 15 employees. Commissioner Walker asked for explanation of the traffic count numbers which state 115 trucks per day and then state 50 vehicles per hour. Michael Hakeem explained that 50 trips in any given hour of any given day would trigger a full traffic study. Alex Chetley, Department of Public Works, explained that 50 trips at a peak hour would trigger a full traffic study. He explained that this project is not expected to reach that threshold. Commissioner Walker asked if the change in hours of operation is a condition of approval. Mo Hatef, Senior Planner, said hours of operation are not typically a condition of approval; however the Planning Commission can make it a condition of approval. OPPONENTS: Katherine Makovec, neighbor in opposition, explained that the conditions of Frewart Road have been greatly compromised due to the truck traffic. She cited speed and accidents as a concern, in addition to fire hazards, air quality concerns, and rodent problems. Commissioner Morri said that they had requested a report from Lathrop Manteca Fire District and he did not see any objections to the expansion project. He said he also had been out to the site and did not find the odor bad. He did express his concern over the dirt and mud and pot holes on and in the road. Commissioner Villapudua suggested that the facility owner be required to pave the road up to his facility. Katherine Makovec, resident said she would feel much better if that would happen, however due to the number of trucks and the poor behavior of the drivers, residents can no longer walk the road with their grandchildren or pets as they used to. Commissioner Walker asked about the rodent problem and quoted from the Environmental Health conditions of approval with regards to turning the compost piles and asked for an explanation of the procedure to the prevention of pest control. Robert McClellon, Environmental Health, explained that by turning and disrupting the compost piles it disrupts propagation of pests. He said that the conditions of approval require a pest management and control policy to be in place and maintained for the site. P. C. MINUTES

4 Edward Doyle, neighbor in opposition, explained that he can look out his window and see the composting piles and the plant. He described the odor, the width of the road way, the damage to the road and the constant traffic and safety issues. Gary Hughes, neighbor in opposition, expressed his concern of the crowding of the road and the track out. He expressed his concern over the fact that his concerns have not been addressed. He said there are rules in place to cover this and there are fines which should be assessed and assigned to the property owner for every day the problem is not corrected. Kerry Sullivan, Director, explained the conditions of approval which address the track out and drag out issues which do exist and explained the steps to be taken as part of the expansion to overcome and correct the existing issues and to prevent reoccurrence in the future. She explained that as conditions of approval there will be paved roadways within the facility, rumble strips at the exit, and a wheel wash near the exit. Robert McClellon, Environmental Health, explained that with the recommended conditions of approval, many of these problems will be corrected. Commissioner Walker asked how the rumble strips will prevent drag out. Robert McClellon, Environmental Health described rumble strips and explained how they would remove mud and dirt picked up in the facility before the truck exits onto the roadway. He explained that much of this problem would be corrected due to the condition of approval requiring paved roadways within the facility which do not exist now. Dorinda Reedy, neighbor in opposition, expressed her concerns with the speed, size and behavior of the trucks coming into the area. She said she has never had rodents before and she does now and she is afraid to drive on her own street. Melody Black, neighbor in opposition, said the dirt blows across the road and diminishes visibility and is a safety issue as the dirt is always on the road in front of the facility. She complained about road conditions and the increased number of trucks. Commissioner Morri asked if it is dirt from the facility or the agricultural land around it and the direction of the dirt cloud. Melody Black explained the direction and her belief that it stems from the facility. She said that she can smell the smoke form the fires in the composting piles. Steven Bretz, neighbor in opposition, said that the rigs which stack up on the side of the road drag the mud onto the road when pulling out when the facility opens and they run the rigs the entire time they are there. He said that the fog can be bad and because of the mud on the road you cannot see the reflective markers and this creates a very unsafe environment. Commissioner Walker asked if the facility gates could be recessed so early trucks could park on the facility property and be kept off the road side. Alex Chetley said a condition could be added to create staging which would accommodate truck parking on site. He also asked that the residents in the area contact Public Works about pot holes in the road so they can be addressed. Commissioner Walker asked why we are not asking that the owner to improve the road as we had on a past application. Alex Chetley explained that this road is 20 feet where the other application was fronting a road that was under 20 feet. Commissioner Walker asked if based on the current road conditions do we need to add further conditions as to the repair and upkeep of the road. Alex Chetley replied based on Public Works investigation and with the conditions already set for paved facility roads, rumble strips, and wheel wash, this issue will be reduced or stopped and the County would fix the existing pot hole problems and respond to future problems when notified. P. C. MINUTES

5 Commissioner Villapudua asked the Lathrop Manteca Fire Chief about the condition of the road. Chief Neely, Lathrop Manteca Fire District, said that it will need work in the near future, however it is currently sufficient for their response. Commissioner Villapudua asked if in the past the road side parking had in any way interfered with the Fire Department's response. Chief Neely, Lathrop Manteca Fire Chief said no, but if they did start stacking up on the roadway it would cause problems. He explained when, how and why they have responded to fires at the location and why they added the conditions for fire mitigation to this project. Jeff Reedy, neighbor in opposition, asked if the road ever been measured and stated it is not 20 feet wide. Maria Sanchez, neighbor in opposition, expressed her concerns over traffic, odor, fire hazards, and the hours of operation. Kerry Sullivan explained there is a restriction on the hours of operation of the grinder. REBUTTAL Michael Hakeem explained paving the roads and recessing the entrance gate will mitigate for traffic concerns. He said trucks on the road are not all related to the composting facility. He said the facility is there and has been since 2006 and may have been there before some of the residents bought property in the area. He said the applicant has tried to give the best project given that the State has mandated for recycling and huge obligations for reduction of landfills. This type of operation needs to continue to be in compliance with cities and county's regulations. Commissioner Walker asked for further explanation of the pest control process. Jed Phelps, Harvest Power, explained the turning of the compost piles are 5 times within a 14 day period, EHD comes out monthly for inspections and pest control is part of that inspection. He said they have a list of pest control contractors which service the facility and are on call. Robert McClellon explained that they issue a permit in concurrence with Cal Recycle under the implemented program and we are certified to conduct the compliance inspections on site for the regulated composting process. He explained at what stage of the process pests are most drawn to the waste and the process by which it is handled through to complete the process. He said that this is done through onsite inspections and records review. He explained that vector control is met through this regulated process. He gave a list, including EHD, to which complaints can be made and explained the process by which those complaints would be investigated and resolved. PUBLIC HEARING CLOSED. Commissioner Villapudua said that he understands the citizens' concern; however this facility will continue to do business and the expansion plans provided will in fact solve most, if not all, of the problems they have experienced. Commissioner Morri said during his site visit he saw the composting piles and could smell no odor. He said as to the dirt covering the road it can and probably does come from more than the composting facility. Commissioner Walker asked that the new hours/days of operation be added as a condition of approval and that the entrance gate be recessed to a distance which will allow for the stacking of up to 3 trucks and that road side parking on Frewert Road should not be allowed. Zoey Merrill asked for clarification as to the request for no parking on the side of the public road way. She said Commissioner Walker might want to discuss with Public Works as to the ability to require the applicant to disallow parking on the public right of way. Commissioner Walker said lets not make no parking on the public right of way a condition of approval. P. C. MINUTES

6 Alex Chetley referred to winery applications which require them to monitor public right of way. He said that such conditions are hard to enforce. MOTION: It was moved, seconded (Villapudua/Kontos) and passed with a vote of 4-0 to: VOTE: 1. Approve the Negative Declaration; and 2. Approve Use Permit Application No. PA with the findings and Conditions of Approval contained in the Staff Report and the additional conditions of the new hours/days of operation be added as conditions of approval and that the entrance gate be recessed to a distance which will allow for stacking of up to 3 trucks. AYES: Villapudua, Kontos, Walker, Morri NOES: ABSENT: Hamilton The meeting adjourned at 8:45 P.M. RANDY HAMILTON, Chairman *** KERRY SULLIVAN, Secretary P. C. MINUTES

MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT. Hutson, Chair Dillard Alberty Iski, D.A. Charney, Vice Chair Butler West, Co.

COUNTY BOARD OF ADJUSTMENT MINUTES of Meeting No. 319 Tuesday, December 19, 2006, 1:30 p.m. County Commission Room Room 119 County Administration Building MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT OTHERS