Planning Commission Meeting
Regular MeetingTulare, CA · August 27, 2018
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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