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Planning Commission Meeting

Regular Meeting

Tulare, CA · August 27, 2018

AgendaMinutes

Minutes

CITY OF TULARE PLANNING COMMISSION REGULAR MEETING MINUTES Tulare Public Library—Council Chambers August 13, 2018 491 North M Street COMMISSIONERS PRESENT: Miller, Rocha, Cox, Olivares, Miguel TEENS ON BOARD PRESENT: None STAFF PRESENT: Josh McDonnell, Community & Economic Development Director Jaskaran S. Gill, Assistant Interim City Attorney Steven Sopp, Associate Planner Michael Miller, City Engineer Luis Nevarez, Interim Fire Chief Lucie Brown, Commission Clerk CALL TO ORDER: Chairman Miguel called the regular meeting to order at 7:02 p.m. PLEDGE OF ALLEGIANCE: Commissioner Olivares led us in the flag salute. CITIZEN COMMENTS: None. COMMISSIONER COMMENTS: None Planning Commission Minutes 1 August 13, 2018 CONSENT CALENDAR: (1) Minutes of the July 23, 2018 regular meeting (2) Time Extension for Quail Hollow Court Tentative Subdivision Map It was motioned by Commissioner Rocha and seconded by Commissioner Cox to approve the consent calendar as presented and carried by unanimous vote. PUBLIC HEARING: (1) Zone Amendment No. 730: Director McDonnell reviewed with the Commission a request by City of Tulare to revise Zoning Ordinance Chapter 10.26 “Annexations” of the Tulare Municipal Code. This Zoning Ordinance Amendment is exempt from Environmental Review under the California Environmental Quality Act, pursuant to Section 15061 (B) (3). Chairman Miguel opened the public hearing. 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 Resolution 5291, recommending to the City Council approval of Zone Amendment No. 730 based on the findings and subject to the conditions as listed in the staff report. COMMISSIONERS AYES: Rocha, Miller, Cox, Olivares ABSENT: None Miguel NOES: None ABSTAIN: None (2) Mitigated Negative Declaration/ General Plan Amendment No. 2018-01/ Zone Amendment No. 728 and Tentative Subdivision Map- Liberty Hill: Commissioner Cox recused himself citing conflict of interest due to owning property within the project area. Planning Commission Minutes 2 August 13, 2018 Steven Sopp, Associate Planner, reviewed with the Commission a request by Central Pacific Development Group to subdivide approximately 79.5 acres into a 384-lot single family residential subdivision, rezone property from R-1-6 (Single Family Residential, 6,000 sq. ft. minimum lot area) and C-1 (Neighborhood Commercial) to R-1-5 (Single Family Residential- 5,000 sq. ft. minimum lot area) and amend General Plan on approximately 7 acres of the subject property from Neighborhood Commercial to Low Density Residential. A Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act. Chairman Miguel opened the public hearing. 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 Rocha to adopt Resolution 5288, approving Tentative Subdivision Map 2018-12- Liberty Hill, adopting Mitigated Negative Declaration for Liberty Hill Tentative Subdivision Map, General Plan Amendment No. 2018-01, Zone Amendment No. 728 and adopting Resolution 5289 recommending to the City Council approval of General Plan Amendment No. 2018-01 and Zone Amendment No. 728, based on the findings and subject to the conditions as listed in the staff report.. COMMISSIONERS AYES: Miller, Rocha, Olivares, Miguel ABSENT: None NOES: None ABSTAIN: Cox Commissioner Cox returned to his seat. (3) Conditional Use Permit No. 2018-16 Steven Sopp, Associate Planner, reviewed with the Commission a request by Herminio Chavez of Chavez Tacos to operate a stationary mobile vending vehicle on the property located at 1314 North “J” Street. This project is exempt pursuant to 15304 (e) of the California Environmental Quality Act of 1970, as amended. Steven Sopp, Associated Planner, noted that staff is recommending denial of this project due to the conclusion that findings cannot be made when reviewing project Planning Commission Minutes 3 August 13, 2018 details and the projects’ inconsistency with the policies and intent of the City’s General Plan and Municipal Code. Chairman Miguel opened the public hearing. Director McDonnell asked Interim Fire Chief Nevarez to ask the applicant in Spanish if he wished to speak on the project. Chief Nevarez asked the applicant and the applicant declined. 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 Olivares to adopt Resolution 5292, denying Conditional Use Permit No. 2018-16 based on the conclusion that findings cannot be made when reviewing project details and the projects’ inconsistency with the policies and intent of the City’s General Plan and Municipal Code. COMMISSIONERS AYES: Rocha, Olivares, Miller, Cox ABSENT: None Miguel NOES: None ABSTAIN: None The applicant was notified that he may appeal the Planning Commission’s decision to the City Council. Staff also noted that they are willing to work with the applicant to find a more suitable site for his business. GENERAL BUSINESS—NON PUBLIC HEARING ITEMS None TEENS ON BOARD: None present Planning Commission Minutes 4 August 13, 2018 DIRECTORS REPORT: Director McDonnell introduced and welcomed the new Planning Commissioner, Anthony Olivares as well as the Assistant Interim City Attorney, Jaskaran S. Gill. AJOURNMENT: There being no other items to come before the Commission, the meeting was adjourned at 7:51 p.m. ___________________________ CHUCK MIGUEL, CHAIRMAN City of Tulare Planning Commission ATTEST: ______________________________ JOSH MCDONNELL SECRETARY City of Tulare Planning Commission Planning Commission Minutes 5 August 13, 2018

Agenda

AGENDA TULARE PLANNING COMMISSION 7:00 p.m. MONDAY, August 27, 2018 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 August 13, 2018 Regular Planning Commission Meeting City of Tulare Planning Commission Agenda August 27, 2018 Page 1 VI. GENERAL BUSINESS- PUBLIC HEARING (1) Conditional Use Permit No. 2018-17: Consider a request by Rosaura Macedo of Frutas Jalisco to operate a stationary mobile vending vehicle on the property located at 3002 North M Street. The property is zoned Retail Commercial (C-3). 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 5293, approving Conditional Use Permit No. 2018-17 based on the findings as listed in the staff report. VII. GENERAL BUSINESS-NON PUBLIC HEARING ITEMS None VIII. TEENS ON BOARD REPORTS IX. 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 August 27, 2018 Page 2

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