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Planning Commission Meeting

Regular Meeting

Tulare, CA · October 23, 2017

AgendaMinutes

Minutes

CITY OF TULARE PLANNING COMMISSION REGULAR MEETING MINUTES Tulare Public Library—Council Chambers October 23, 2017 491 North M Street COMMISSIONERS PRESENT: Miller, Crase, Rocha, Killion, Cox TEENS ON BOARD PRESENT: Jennifer Rodriguez, Esmeralda Contreras STAFF PRESENT: Josh McDonnell, Community & Economic Development Director Mel Meleka, Principal Planner Steven Sopp, Associate Planner Lucie Brown, Commission Clerk CALL TO ORDER: Chairman Killion called the regular meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE: Commissioner Rocha led us in the flag salute. CITIZEN COMMENTS: None COMMISSIONER COMMENTS: None Planning Commission Minutes 1 October 23, 2017 CONSENT CALENDAR: (1) Minutes of the October 9, 2017 regular meeting It was motioned by Commissioner Rocha and seconded by Commissioner Miller to approve the Consent Calendar as presented. Motion carried by unanimous vote. PUBLIC HEARING: (1) Mitigated Negative Declaration/Tentative Subdivision Map 2017-10- Villa Toscana 2 and Zone Amendment No. 723: Steven Sopp, Associate Planner, reviewed with the Commission a request to consider adoption of Tentative Subdivision Map 2017-10 a request to construct a 24-unit single family residential subdivision. This project is within and adjacent to an already-approved subdivision (Villa Toscana Phase 1—which is currently vacant). Also, change the existing zone district from R-M- 2 to R-1-5 zone district. A Mitigated Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act, for which review and approval is also requested. The property is located on approximately 4.56 acres on the south side of Olema Avenue at Hall Street, west of West Street in Tulare. Chairman Killion opened the public hearing. Randy Forester, Project Engineer, stated that the applicant has reviewed all the conditions of approval has no concerns and made himself available to answer any questions. There being no one else to speak in favor of or against the project the public hearing was closed. Following Commission discussion it was motioned by Commissioner Rocha and seconded by Commissioner Miller to adopt Tentative Subdivision Map 2017-10 based on the findings and subject to the Mitigation Measures as listed in the Mitigated Negative Declaration. COMMISSIONERS AYES: Rocha, Miller, Cox, Crase ABSENT: Miguel, Herrera Killion NOES: None ABSTAIN: None Following Commission discussion it was motioned by Commissioner Rocha and seconded by Commissioner Crase to recommend to the City Council adoption of Zone Amendment No. 723 based upon the findings as listed in the staff report. Planning Commission Minutes 2 October 23, 2017 COMMISSIONERS AYES: Rocha, Miller, Cox, Crase ABSENT: Miguel, Herrera Killion NOES: None ABSTAIN: None (2) Conditional Use Permit No. 2017-20: Mel Meleka, Principal Planner, reviewed with the Commission a request by 99 Cent Only Stores for an off-sale beer and wine license in conjunction with a retail store. The property is located at 1035 E. Prosperity Avenue. This project is exempt pursuant to Section 15301 of the California Environmental Quality Act of 1970, as amended. Chairman Killion opened the public hearing. Steve Rawlings, Representative, stated that the applicant agrees with all the conditions of approval and made himself available to answer any questions. There being no one else to speak in favor of or against the project the public hearing was closed. Following Commission discussion it was motioned by Commissioner Miller and seconded by Commissioner Crase to approve Conditional Use Permit No. 2017-20 based upon the findings and subject to the conditions as listed in the staff report. COMMISSIONERS AYES: Rocha, Miller, Cox, Crase ABSENT: Miguel, Herrera Killion NOES: None ABSTAIN: None (3) Conditional Use Permit No. 2017-22: Steven Sopp, Associate Planner, reviewed with the Commission a request by Rigoberto and Jose Luis Ruvalcaba to operate a stationary mobile vending vehicle on the property located at 117 W. Inyo Avenue. This project is exempt pursuant to Section 15304 (e) of the California Environmental Quality Act of 1970, as amended. Chairman Killion opened the public hearing. There being no one to speak in favor of or against the project the public hearing was closed. Planning Commission Minutes 3 October 23, 2017 Following Commission discussion it was motioned by Commissioner Miller and seconded by Commissioner Crase to approve Conditional Use Permit No. 2017-22 based on the findings and subject to the conditions as listed in the staff report. COMMISSIONERS AYES: Rocha, Miller, Cox, Crase ABSENT: Miguel, Herrera Killion NOES: None ABSTAIN: None GENERAL BUSINESS- NON PUBLIC HEARING ITEMS None TEENS ON BOARD: Esmeralda Contreras and Jennifer Rodriguez commented on various school activities. ITEMS OF BOARD INTEREST/STAFF COMMUNICATIONS: Director McDonnell announced to the Commission that he is looking into making changes to the agenda pertaining to approval of the minutes. He noted that he doesn’t see the need to have the minutes in writing when we have them in audio format. He further noted that he is checking with the City Attorney as far as the legality of it and will report further once a decision is reached. AJOURNMENT: There being no other items to come before the Commission, the meeting was adjourned at 7:35 p.m. ___________________________ JEFF KILLION, CHAIRMAN City of Tulare Planning Commission ATTEST: ______________________________ JOSH McDONNELL,, SECRETARY City of Tulare Planning Commission Planning Commission Minutes 4 October 23, 2017

Agenda

AGENDA TULARE PLANNING COMMISSION 7:00 p.m. MONDAY, October 23, 2017 TULARE PUBLIC LIBRARY & COUNCIL CHAMBERS 491 NORTH “M” STREET MISSION STATEMENT TO PROMOTE A QUALITY OF LIFE MAKING TULARE THE MOST DESIRABLE COMMUNITY IN WHICH TO LIVE, LEARN, PLAY, WORK, WORSHIP AND PROSPER I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. CITIZEN COMMENTS- This is the time for citizens to comment on items within the jurisdiction of the Planning Commission. The Planning Commission cannot legally discuss or take official action on citizen comments that are introduced tonight. Each speaker will be allowed three minutes, with a maximum time of 10 minutes per item, unless otherwise extended by the Planning Commission. IV. COMMISSIONER COMMENTS V. CONSENT CALENDAR: (1) Minutes of the October 9, 2017 Regular Planning Commission Meeting. VI. GENERAL BUSINESS- PUBLIC HEARING City of Tulare Planning Commission Agenda October 23, 2017 Page 1 (1) Mitigated Negative Declaration/Tentative Subdivision Map 2017-10- Villa Toscana 2 and Zone Amendment No. 723: Review and consider adoption of Tentative Subdivision Map 2017-10 a request to construct a 24-unit single family residential subdivision. This project is within and adjacent to an already-approved subdivision (Villa Toscana Phase 1—which is currently vacant). Also, change the existing zone district from R-M-2 to R-1-5 zone district. A Mitigated Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act, for which review and approval is also requested. The property is located on approximately 4.56 acres on the south side of Olema Avenue at Hall Street, west of West Street in Tulare. Project Planner: Steven Sopp, Associate Planner Recommended Motion: Adopt Resolution 5257, approving Tentative Subdivision Map 2017-10 Villa Toscana 2 and adopting a Mitigated Negative Declaration for Tentative Subdivision Map 2017-10 Villa Toscana 2 and Zone Amendment No. 723. Recommended Motion: Adopt Resolution 5258, recommending approval of Zone Amendment No. 723 to the City Council for adoption. (2) Conditional Use Permit No. 2017-20: Consider a request by 99 Cent Only Stores for an off-sale beer and wine license in conjunction with a retail store. The property is located at 1035 E. Prosperity Avenue. This project is exempt pursuant to Section 15301 of the California Environmental Quality Act of 1970, as amended. Project Planner: Steven Sopp, Associate Planner Recommended Motion: Adopt Resolution 5254, approving Conditional Use Permit No. 2017-20. (3) Conditional Use Permit No. 2017-22: Consider a request by Rigoberto and Jose Luis Ruvalcaba to operate a stationary mobile vending vehicle on the property located at 117 W. Inyo Avenue. This project is exempt pursuant to Section 15304 (e) of the California Environmental Quality Act of 1970, as amended. Project Planner: Steven Sopp, Associate Planner Recommended Motion: Adopt Resolution 5256, approving Conditional Use Permit No. 2017-22. City of Tulare Planning Commission Agenda October 23, 2017 Page 2 VII. GENERAL BUSINESS-NON PUBLIC HEARING ITEMS VIII. TEENS ON BOARD REPORTS IX. ITEMS OF BOARD INTERESTS/ DIRECTOR’S REPORT X. ADJOURNMENT In compliance with the Americans with Disabilities and Brown Act, if you need special assistance to participate in the meeting, including the receipt of the agenda and documents in the agenda package in an alternate format, please contact the City Manager’s Office (559) 684-4200. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35, 104 ADA Title II), and allow for the preparation of documents in the appropriate alternate format. [Note: Pursuant to Government Code 54957.5- Effective 7/1/08 Documents produced and distributed less than 72 hours prior to or during an open session of a regular meeting to a majority of the legislative body regarding any item on the agenda will be made available for public inspection at the meeting and at the Planning Department at City Hall located at 411 East Kern Avenue during normal business hours.] APPEAL PROCEDURE According to City of Tulare Zoning Ordinance Section 10.20.020 and Subdivision Ordinance Section 8.24- 080, decisions of the Planning Commission may be appealed by filing a letter with the City Clerk, located at 411 E. Kern Avenue, Tulare, CA 93274, no later than ten (10) days after the day on which the decision was made. The appeal shall state the name of the person making the appeal, the decision that is being appealed, and the reason for the appeal, including an error, abuse of discretion or a decision that is not supported by the evidence in the record. City of Tulare Planning Commission Agenda October 23, 2017 Page 3

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