Planning Commission Meeting

CITY OF TULARE PLANNING COMMISSION REGULAR MEETING MINUTES Council Chambers June 13, 2016 491 North M Street COMMISSIONERS PRESENT: Davis, Crase, Killion, Herrera, Miguel Miller TEENS ON BOARD PRESENT: None STAFF PRESENT: Rob Hunt, Community Development Director Traci Myers, Community Development Deputy Director Martin Koczanowicz, City Attorney Lucie Brown, Commission Clerk CALL TO ORDER: Chairman Killion called the regular meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE: Commissioner Herrera led us in the flag salute. CITIZEN COMMENTS: None COMMISSIONER COMMENTS: Commissioner Miler announced that she had such a great experience at the Lily Pad restaurant. She stated that the people are nice and the food is so good. Planning Commission Minutes 1 June 13, 2016 Commissioner Herrera encouraged everyone to attend “Movies in the Park” which is put on the the City’s Parks and Recreation Department. STAFF COMMUNICATIONS: None CONSENT CALENDAR: Minutes of the May 23, 2016 meeting. Commissioner Herrera noted a correction on page 2 where it lists her as voting on the project when in fact she recused herself. It was motioned by Commissioner Crase and seconded by Commissioner Miller to approve the minutes of the May 23, 2016 meeting with the above noted corrections. Motion carried by unanimous vote. PUBLIC HEARING: Conditional Use Permit No. 2016-12: Deputy Director Myers, reviewed with the Commission a request by Colony Energy to construct a anaerobic co-digester facility and to locate a permanent modular structure to serve as an office space for the facility operations on property located southwest of the City’s wastewater treatment plant; north of Paige Avenue and east of Enterprise Street. Chairman Killion opened the public hearing. Ken Watkins, Colony Energy, spoke in favor of the project and made himself available to answer any questions. Merced Barrera, Leadership Counsel, noted that the Counsel was not provided with sufficient time to review the project and submit comments. She noted that the Matheny Tract residents have an agreement with Colony Energy to install street lights and also an odor control plan. There being no one else to speak in favor of or against the project the public hearing was closed. Planning Commission Minutes 2 June 13, 2016 City Attorney noted that there were no comments resubmitted by the Leadership Counsel and that the Planning Commission has no authority over the private agreement between the Leadership Counsel and the Matheny Tract residents. Commissioner Miller asked if there were any concerns with trucks making a left turn onto Paige Avenue. Mr. Watkins noted that the City Engineer had no concerns but that if it became a problem they may put a right turn only sign. It was motioned by Commissioner Miguel and seconded by Commissioner Miller to accept the addendum to the previously adopted Mitigated Negative Declaration. Motion carried by unanimous vote. It was motioned by Commissioner Miguel and seconded by Commissioner Herrera to adopt Resolution 5184, approving Conditional Use Permit No. 2016-12 based on the findings and subject to the conditions listed in the staff report. COMMISSIONERS AYES: Miguel, Davis, Herrera ABSENT: Rocha Miller, Crase, Killion NOES: None ABSTAIN: None GENERAL BUSINESS- NON PUBLIC HEARING ITEMS: Conditional Use Permit No. 2013-16: Director Hunt reviewed with the Commission the history of Conditional Use Permit and noted that this item was placed on the agenda per the request of the Commissioners to discuss a complaint of loud music during events at Evergreen Island. Mike Maze, owner of Evergreen Island, addressed the complaints by stating that he has a list of approved DJ’s and the incident in question involved a DJ that was not on the approved list. He noted that he does everything possible to maintain the required decibel count. Jeff Blagg, thanked the Commission for their time in dealing with this issue. He noted that he has no issues with Mr. Maze he just wants a way to control the volume especially the bass when there is an event. He noted that he has already had to call the police twice this year and all he wants is the music turned down, especially the bass. Planning Commission Minutes 3 June 13, 2016 After discussing amongst the Commissioners, the City Attorney noted that there is a code enforcement process which should be followed before this becomes an issue for the Planning Commission. Chairman Killion stated that there is no action to be taken at this time. City Attorney noted that the code enforcement process should be followed. Once that is done there will need to be evidence brought before the Planning Commission for violations of the Conditional Use Permit at which time revocation of such permit can be considered. Commissioner Miller noted for the record that she is in no way moving toward revocation of this Conditional Use Permit. After further discussion it was the consensus that both parties involved try to resolve this issue if it is unable to be resolved then code enforcement is the next step. TEENS ON BOARD: None ITEMS OF BOARD INTEREST: None AJOURNMENT: There being no other items to come before the Commission, the meeting was adjourned 7:51 p.m. ___________________________ JEFF KILLION, CHAIRMAN City of Tulare Planning Commission ATTEST: ______________________________ ROB HUNT, SECRETARY City of Tulare Planning Commission Planning Commission Minutes 4 June 13, 2016