Planning Commission Meeting

CITY OF TULARE PLANNING COMMISSION REGULAR MEETING MINUTES Tulare Public Library—Council Chambers March 26, 2018 491 North M Street COMMISSIONERS PRESENT: Cox, Miller, Rocha, Herrera, Miguel TEENS ON BOARD PRESENT: Jennifer Rodriguez STAFF PRESENT: Josh McDonnell, Community & Economic Development Director Steven Sopp, Associate Planner Lucie Brown, Commission Clerk CALL TO ORDER: Chairman Miguel called the regular meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE: Commissioner Rocha led us in the flag salute. CITIZEN COMMENTS: Patty Colson, stated to the Commission that she is concerned with all the stationary mobile vendors in our city. She asked if these vendors are licensed by the health department and whether or not they pay taxes. Chairman Miguel noted that there are several stationary mobile vendors in our city operating legally as well as some that are not. He noted that there is a process which is necessary to become a legal vendor and it requires permits by the health department and property owner permission amongst other things. He encouraged citizens who question whether a vendor is operating legally or not to contact the City Code Enforcement. Planning Commission Minutes 1 March 26, 2018 COMMISSIONER COMMENTS: Commissioner Miller thanked staff for having the dumpster on Blackstone Avenue, between Cross and Merritt removed. Commissioner Cox noted that the old Foster Freeze location at Hwy 99 and Tulare Avenue has broken windows and asked if the owner was aware of the situation. Director McDonnell stated that he would look into this. CONSENT CALENDAR: (1) Minutes of the February 12, 2018 regular meeting It was motioned by Commissioner Miller and seconded by Commissioner Herrera to approve the minutes as presented and carried by unanimous vote. PUBLIC HEARING: (1) Conditional Use Permit No. 2018-04: Steven Sopp, Associate Planner, reviewed with the Commission a request by Flor Guevara and Francisco Osorio to operate a stationary mobile vending vehicle on the property located at 1297 E. Paige Avenue. Property is zoned Highway Commercial (C-5). This project is exempt pursuant to Section 15304 (e) of the California Environmental Quality Act of 1970, as amended. He further noted that the applicant and property owner have requested that the location of the vehicle be moved from the location depicted in the staff report to the south end of the parcel. Chairman Miguel opened the public hearing. There being no one to speak in favor of or against the project the public hearing was closed. Commissioner Herrera asked if this was a walk up only and noted that she did not see a condition stating that the applicant is not allowed to have table and chairs set up at this location for customers. Steven Sopp, Associate Planner, noted that it is up to the Commission if they would like that as a condition of approval, but typically if the applicant is putting up tables and chairs that would be listed as a condition in the staff report. Commissioner Herrera noted that she would like that condition added. Planning Commission Minutes 2 March 26, 2018  Following Commission discussion it was motioned by Commissioner Rocha and seconded by Commissioner Cox to adopt Resolution 5277 approving Conditional Use Permit No. 2018-04 based on the findings and subject to the conditions as listed in the staff report with the relocation of the vending vehicle as noted above and the addition of condition #9 to read as follows: 9) Applicant shall have no tables and chairs set up at this location. COMMISSIONERS AYES: Rocha, Cox, Herrera, Miller ABSENT: None Miguel NOES: None ABSTAIN: None (2) Conditional Use Permit No. 2018-05: Steven Sopp, Associate Planner, reviewed with the Commission a request A T & T for installation and operation of a cellular antenna and ground equipment to be located at 10810 Avenue 184. Property is zoned Heavy Industrial (M-2). This project is exempt pursuant to Section 15303 (d) of the California Environmental Quality Act of 1970, as amended. Chairman Miguel opened the public hearing. Jose Sigala, City Council Member District 1, noted that this is a good project and encouraged the Commission in going forward to make sure these types of towers are aesthetically pleasing to our City. Following Commission discussion it was motioned by Commissioner Herrera and seconded by Commissioner Rocha to adopt Resolution 5278, approving Conditional Use Permit No. 2018-05 based upon the findings and subject to the conditions as listed in the staff report. COMMISSIONERS AYES: Herrera, Rocha, Cox, Miller ABSENT: None Miguel NOES: None ABSTAIN: None . Planning Commission Minutes 3 March 26, 2018 (3) Conditional Use Permit No. 2018-06: Steven Sopp, Associate Planner, reviewed with the Commission a request by Herminio Chavez to operate a stationary mobile vending vehicle on the property located at 514 W. Inyo Avenue. Property is zoned Service Commercial (C-4). This project is exempt pursuant to Section 15304 (e) of the California Environmental Quality Act of 1970, as amended. Chairman Miguel opened the public hearing. There being no one to speak in favor of or against the project the public hearing was closed. Commissioner Herrera asked if the bakery was open until 11 p.m. because the applicant requested hours of operation be from 4 pm – 11 pm. Steven Sopp, Associate Planner, did not know the bakery hours, but stated that the condition of approval #5 states that restrooms shall be readily available. Commissioner Herrera requested that the condition be modified to include “Vendor may only operate during hours restrooms are available”. Commissioner Herrera also requested the addition of condition #9 to state “Applicant shall have no tables and chairs set up at this location”. Following Commission discussion it was motioned by Commissioner Herrera and seconded by Commissioner Rocha to adopt Resolution 5279, approving Conditional Use Permit No. 2018-06, based on the findings and subject to the conditions as listed in the staff report with the modification to condition #5 and the addition of condition #9 to read as follows: 5) Restrooms shall be readily available and which are connected to the City’s wastewater system. Vendor may only operate during hours restrooms are available. 9) Applicant shall have no tables and chairs set up at this location. COMMISSIONERS AYES: Herrera, Rocha, Cox, Miller ABSENT: None Miguel NOES: None ABSTAIN: None Planning Commission Minutes 4 March 26, 2018 GENERAL BUSINESS—NON PUBLIC HEARING ITEMS (1) Finding of Consistency for Conditional Use Permit No. 2017-11: Steven Sopp, Associate Planner, reviewed with the Commission a request by Plimilco Properties, Inc. for revisions to the conditions originally approved by the Planning Commission on June 26, 2017. Applicant is requesting removal of Engineering Conditions 5,6,7,8 and 9. Following Commission discussing it was agreed that the curb, sidewalk and drive approaches are in need of repair. Commissioner Miller asked the City Engineer why it is the responsibility of the applicant and not the property owner. City Engineer stated that once a project comes to the city that is when conditions are placed for necessary repairs. Whether it be the applicant or the property owner that make the necessary repairs makes no difference to the city as long as they are made. Director McDonnell stated that it is a matter of consistency. These conditions are required for all applicants who have projects on sites that require improvements. He noted that these conditions are not above and beyond what is normally asked but that this is just the first time that the conditions have been contested. Commissioner Herrera wished that the property owner and applicant could work together to resolve this issue. Following Commission discussion it was motioned by Commissioner Rocha to approve denial of appeal by Plimilco Propeties, Inc. to modify Engineering conditions of approval 5,6,7,8 and 9. Applicant Debra Perry asked if they could speak. Chairman Miguel allowed the applicant to speak. Debra Perry and Justin Bouchard, Applicant, stated that this is a water kiosk that does not generate enough money to justify spending $30,000 in improvements. It is not feasible and as it is the applicant is already paving and striping the parking lot. Jose Sigala, Council Member District 1, wants to be supportive of the project and offered to sit down with the applicant and property owner to try and come to a mutually beneficial agreement so that this project can move forward. Director McDonnell, stated that the Commission has three options 1) approve denial, 2) allow removal of said conditions and 3) continuance until the April 9 th Planning Commission to allow applicant and owner to meet. Planning Commission Minutes 5 March 26, 2018  Commissioner Rocha withdrew her motion. Commissioner Miller motioned that the project be continued until the April 9, 2018 Planning Commission meeting to allow Council Member Sigala to meet with the applicant, owner and staff to come to a resolution to the issue of Engineering conditions. It was seconded by Commissioner Herrera to continue appeal request until April 9 th meeting. COMMISSIONERS AYES: Miller, Herrera, Cox, Rocha ABSENT: None Miguel NOES: None ABSTAIN: None TEENS ON BOARD: Jennifer Rodriguez, commented on various school activities. DIRECTORS REPORT: Director McDonnell made several announcements to the Commission; 1)Willard Epps, has been named Interim City Manager, 2) Mel Meleka, Principal Planner, has resigned from the City and 3) City will be updating our City Ordinance pertaining to Temporary Signage. AJOURNMENT: There being no other items to come before the Commission, the meeting was adjourned at 8:04 p.m. ___________________________ CHUCK MIGUEL, CHAIRMAN City of Tulare Planning Commission ATTEST: ______________________________ JOSH McDONNELL,, SECRETARY City of Tulare Planning Commission Planning Commission Minutes 6 March 26, 2018