5 Public Hearing-Resolution Approving Site Plan and Design Review 2018-01 for Foster Farms’ Plant Expansion/ Addition at 843 Davis Street, Livingston, CA; APN#: 024-020-021.

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STAFF REPORT

AGENDA ITEM:

Public Hearing – Resolution Approving Site Plan and Design Review 2018-01 for Foster Farms’ Plant Expansion/ Addition at 843 Davis Street, Livingston, CA; APN#: 024-020-021

MEETING DATE: June 5, 2018

PREPARED BY: Randy Hatch, Contract City Planner

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Adopt a Resolution approving Site Plan and Design Review 2018-01 for the expansion/ addition of the Foster Farms plant at 843 Davis Street, Livingston, CA; APN#: 024-020-021.

BACKGROUND AND DISCUSSION:

The applicant and property owner, Foster Farms, is proposing to expand the current chicken processing plant to include additional processing equipment to meet their customer’s needs. The expansion will consist of a 80,007 sq. ft. 2-story building (65,761 sq. ft. first floor, 14,246 sq. ft. second floor), and two 357 sq. ft. guard shacks for a total additional square footage of301,391. The new building will be 35 feet high with three roof top mechanical units. In addition to new processing space, the building will include offices, restrooms, breakrooms, storage and shipping space, a five truck depressed truck dock, and various support equipment. The building itself will be concrete tilt up construction with the first floor elevation enhanced by a concrete block finish and a stucco finish. This expansion will not result in any additional employees at the plant complex. Employees working in this new building will be re-allocated from other parts of the plant complex.

The plant complex is 32.1 acres in size and has a General Plan designation of General Industrial (GI) and a zoning designation of General Industrial (M-2). The expansion/ addition area is currently being used as an outdoor employee picnic and rest area and as a paved area. The plant expansion I addition area is within the Foster Farms plant complex surrounded by plant buildings to the north and west, including a truck loading dock to the west which will be replaced by the loading dock as part of this expansion/ addition project. To the south, across Davis Street, are Foster Farms administrative offices and parking lots. To the east is an employee parking area and other paved area for truck maneuvering and general use. The entire plant complex has extensive parking with 828 regular parking stalls, 18 accessible stalls, and 72 clean air vehicle stalls for a total of 918 parking stalls provided.

The Planning Commission is the recommending body for a Site Plan and Design Review with the City Council being the approving body. Therefore, this proposal must go before both bodies.

ENVIRONMENTAL REVIEW:

The construction of the plant expansion/ addition is a “project” subject to review under the California Environmental Quality Act (CEQA). The Project is considered an in-fill project qualifying for the CEQA

Class 32 In-Fill Categorical Exemption. The Project complies with the General Plan designation and General Plan Policies of”Industrial” providing for continued major employment opportunities within the City. The expansion/ addition keeps the Plant competitive and able to meet the product demands of its customers. The Project complies with the Zoning designation of “General Industrial” and the associated standards. The project is within City limits surrounded by urban uses and on land with no value as habitat for endangered, rare, or threatened species. The Project site itself is less than 5 acres in size and is adequately served by all required utilities and public services. Because no new employees would be coming to the Plant complex, there would be no significant new impacts relating to traffic, noise, air quality, or water quality. Because this Project has all the above discussed characteristics, it qualifies for this “In-Fill” Exemption.

ANALYSIS:

The property is properly General Planned and Zoned for such a use. The proposed Project will consist of the re-allocation of existing employees avoiding any new traffic or parking impacts. The Project complies with the City’s area, setback, height, and parking requirements and standards. The Project complies with the General Plan goals and standards to maintain and enhance employment opportunities within the City and maintains the City’s industrial tax base. The building and its design is attractive and appropriate for its industrial use and is consistent and compatible with the surrounding development within the Foster Farms Plant complex. An adequate number of parking spaces are provided. The parking spaces meet the size and design requirements and handicapped spaces and clean air vehicle parking spaces are provided.

PLANNING COMMISSION ACTIONS AND RECOMMENDATION:

The Planning Commission held a Public Hearing on this request for a Site Plan and Design Review on May 8, 2018. The applicant’s representative appeared at the Hearing and presented their request and answered questions from the Commission. There was minimal presence from the public with only informational questions asked. The applicant’s representative answered all these questions. The Commission felt that the proposed expansion would be an asset and beneficial to the community and recommended approval to the City Council subject to the proposed Conditions of Approval.

FISCAL IMPACT:

The project would increase property taxes to the City and, more importantly, would maintain the viability of the plant allowing it to respond to changing customer desires and demands providing significant employment in the City and being a key part of the City’s industrial tax base.

RECOMMENDATION:

Staff is of the opinion that the proposed expansion/ addition to the Foster Farms Plant complex would be an asset to the area and beneficial in the City. The Plant is an important economic generator in the City providing significant employment and taxes to the City. Staff feels the site layout and building, as proposed and as conditioned, complies with all the requirements and standards applicable. Staff joins the Planning Commission in recommending adoption of the proposed Resolution 2018-_, approving Site Plan and Design Review 2018-01, based on the Findings and Conditions of Approval contained in the attached resolution.

ATTACHMENTS:

1. Resolution 2018-

Exhibit “A”, Conditions of Approval

2. Project Location and Zoning Map

3. Site Plan, Overview

4. Site Plan, Detail

5. Floor Plan, 1st Floor

6. Floor Plan, 2nd Floor

7. Elevations

RESOLUTION 2018-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING SITE PLAN AND DESIGN REVIEW 2018-01 FOR

THE FOSTER FARMS EXPANSION/ADDITION PROJECT

WHEREAS, pursuant to Livingston Municipal Code (“LMC”) section 5-6-7, Foster Farms, applicant and owner, has applied for a Site Plan and Design Review approval to expand /make an addition to its Plant complex at 843 Davis Street, (APN 024-020-021), in the City of Livingston; and

WHEREAS, the site is zoned M-2 (General Industrial), and has a General Plan designation of General Industrial according to the official zoning map of the City of Livingston and the 1999 Livingston General Plan; and

WHEREAS, LMC Section 5-6-7 requires the approval of a Site Plan and Design Review for new structures and expansion to existing facilities within the M-2 district to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development, and orderly development of the community; and

WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 300 feet of the site; and

WHEREAS, the City Council has considered the environmental effects of the project and has determined, based on the evidence contained within the associated staff report, project file, and proceedings of the public hearing, that this project qualifies for the In-Fill Categorical Exemption (CEQA Guidelines Section 15332); and

WHEREAS, the City has reviewed the project with reference to the 1999 General Plan, the Zoning Ordinance (specifically Sections 5-6-7 “C” thru “E”) and the adopted Livingston Design Guidelines; and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use, its site plan and design, is consistent with the General Plan, complies with the Zoning Ordinance in that the site plan and design meets the zoning standards and requirements (including those specifically referenced above), and meets the intent and guidance of the Livingston Design Guidelines; and

WHEREAS, the City Council has reviewed and considered any and all comments on the Site Plan and Design Review made at the public hearing, and

WHEREAS, the Planning Commission held a properly noticed public hearing on this request and recommended to the City Council the approval of this Site Plan and Design Review.

NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby adopts Resolution 2018-_, approving the Site Plan and Design of the subject new development.

BE IT FURTHER RESOLVED, that the Conditions of Approval within City Council Resolution 2018-

_, Exhibit A, are hereby approved.

Passed and adopted this 5th day of June, 2018, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jim Soria, Mayor

of the City of Livingston

ATTEST:

I, hereby, certify that the foregoing resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 5th day of June, 2018.

Antonio Silva, City Clerk of the City of Livingston

Exhibit A Conditions of Approval

1. The Developer shall comply with all federal, state and local laws, policies, standards and requirements applicable to this use and obtain a building permit and all other permits applicable to this use and shall pay all fees and exactions applicable to such a use; and

2. The Developer shall comply with the requirements (1 – 15) listed in the attached Memorandum from Mario Gouveia, City Engineer, dated March 9, 2018; and

3. The Developer shall comply with all requirements of the Merced County Fire Department; and

4. The Developer shall repair any damage to City facilities such as curb, gutter, sidewalk, streets and alleys caused by construction; and

5. The Developer shall indemnify, defend and hold harmless the City and its officials, officers, employees, agents, and consultants from any and all legal or administrative actions or other proceedings challenging this approval or any subsequent approval associated with this project; and

6. The developer shall submit landscape plans adjacent to the Expansion/Addition Project for City staff review and approval specifying plant selection, size and irrigation prior to installation. Such plans shall be consistent with the approved plans and the City’s landscape guidelines; and

7. The Developer and/or operator shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner.

GOUVEIA ENGINEERING

MEMORANDUM

TO: FROM:

Randy Hatch, Contract City Planner Mario B. Gouveia, City Engineer

SUBJECT: Engineering Review Comments for Foster Farms Plant Expansion Project SPDR 2018-01 Application

DATE: CC:

March 9, 2018

Jose A. Ramirez, City Manager

These are the Engineering review comments for the Foster Farms Plant Expansion Project SPDR 2018-01 application.

1. Provide improvement plans for site development, utilities, drainage facilities, landscaping, site lighting, grading, and erosion control.

2. Public improvements shall conform to the latest edition of the City of Livingston Improvement Standards and all applicable State, Federal, and local laws and regulations.

3. Provide a soils report for project site prepared by a California registered geotechnical engineer.

4. Prepare a Storm Water Pollution Prevention Plan (SWPPP) pursuant to the California Water Resources Control Board Order No. 2009-0009-DWQ, NPDES No. CA000002 and the City of Livingston’s MS4 Phase II Permit for construction activities. Prepare an Erosion Control Plan for storm water and construction BMPs.

5. Prepare and provide volumetric sizing calculations, low development impact (LID) measures, operation and maintenance plan (O&M), and statement of responsibility agreement for storm water management in accordance with the City of Livingston’s Post-construction Standards Plan and pursuant to the City’s Phase II MS4 Permit requirements.

6. Prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for construction activities pursuant to Regulation Vill (Rules 8011-8081).

7. Prepare grading and encroachment permits for the project. Applicant shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City’s improvement standards, municipal code, and ordinances.

8. Applicant shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Streets and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks.

9. Connect to existing 10-inch water main on Davis Street for domestic, irrigation, or fire service. Connections shall include water meters, backflow preventers, detectors, post indicator valves, and fire department connections as applicable.

10. Connect to existing 12-inch sewer main on Davis Street for sanitary service.

456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600

Memorandum Page2

11. Cap all abandoned water and sewer services at the property line.

12. Collect storm runoff from project and dispose off to the existing on-site basin.

13. Construct driveway approaches and other street frontage improvements per City Standards.

14. Provide ADA accessible path for pedestrians and bicyclists.

15. Protect from damage all existing sidewalks, curb, gutter, pavement, and street lights designated to remain in place.