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Planning Commission Meeting

Regular Meeting

Tulare, CA · November 26, 2018

AgendaMinutes

Minutes

CITY OF TULARE PLANNING COMMISSION REGULAR MEETING MINUTES Tulare Public Library—Council Chambers November 26, 2018 491 North M Street COMMISSIONERS PRESENT: Miguel, Miller, Rocha, Ontiveros TEENS ON BOARD PRESENT: None STAFF PRESENT: Josh McDonnell, Community & Economic Development Director Traci Myers, Community & Economic Development Deputy Director Trisha Whitfield, Public Works Director Mario Anaya, Principal Planner Steven Sopp, Associate Planner Lucie Brown, Commission Clerk CALL TO ORDER: Chairman Miguel called the regular meeting to order at 7:01 p.m. PLEDGE OF ALLEGIANCE: Commissioner Miller led us in the flag salute. CITIZEN COMMENTS: None. COMMISSIONER COMMENTS: None Planning Commission Minutes 1 November 26, 2018 CONSENT CALENDAR: (1) Minutes of the October 22, 2018 regular meeting It was motioned by Commissioner Rocha and seconded by Commissioner Miller to approve the consent calendar as presented. PUBLIC HEARING: (1) General Plan Amendment No. 2018-02/ Zone Amendment No. 732: Mario Anaya, Principal Planner, reviewed with the Commission a request by City of Tulare to change the existing General Plan designation on the identified parcels from their current designation on the identified parcels from their current designation to a High Density Residential General Plan designation and to change the existing zone on the identified parcels from their current base zone to R-M-4 (Multiple Family Residential 1,500 sq. ft. minimum site area per dwelling unit). APN’s 166-230-007, 168-330-018, 171-250-017, 172-040-073,177-060-002,177-060-009, 177-060-010, 177-060-011, 177-060-012, 177-060-013, 177-300-026, 182-340-001, 182-340-002, 182-330-014, 184-100-010, 149-070-008[partial], 177-190-002, 168-180-012,168- 010-009, 168-010-010, 168-010-035, 169-030-031, 168-020-003. In accordance with California Environmental Quality Act (CEQA) Section 15164, the City of Tulare has prepared an Addendum to the previously approved Initial Study/Negative Declaration for the adopted 2015-2023 Housing Element, and determined that the changes from some original sites proposed for rezoning to new replacement sites will not have a significant effect on the environment, consistent with findings in the original Initial Study/Negative Declaration. Chairman Miguel opened the public hearing. Jason Bender, Tulare, requested that his parcel (APN 169-030-031) be pulled from the list of re-zoning properties. He has plans for that property that does not include building 20 units per acre. 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 5304, recommending to the City Council approval of General Plan Amendment No. 2018-02 and Zone Amendment No. 732 with the removal of Mr. Benders property from the rezoning list, based on the findings as listed in the staff report. Planning Commission Minutes 2 November 26, 2018 COMMISSIONERS AYES: Rocha, Olivares, Miguel ABSENT: Cox NOES: Miller ABSTAIN: None (2) Negative Declaration/ Conditional Use Permit No. 2018-20: Steven Sopp, Associate Planner, reviewed with the Commission a request by Borrego Solar, in coordination with the City of Tulare, to install a 2.45 megawatt (MW) direct current photovoltaic system (PV) single axis tracker ground mounted solar array on approximately 11 acres located on the northwest corner of Paige Avenue and West Street. Chairman Miguel opened the public hearing. Trent _______, Borrego Solar Representative, spoke in favor of the project. 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 Olivares and seconded by Commissioner Rocha to adopt Resolution 5303, adopting the Negative Declaration and approving Conditional Use Permit No. 2018-20 based on the findings and subject to the conditions as listed in the staff report. COMMISSIONERS AYES: Olivares, Rocha, Miller, Miguel ABSENT: Cox NOES: None ABSTAIN: None (3) Conditional Use Permit No. 2018-26: 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. Property is zoned C-4 (Service Commercial) and is exempt pursuant to Section 15304 (e) of the California Environmental Quality of 1970, as amended Chairman Miguel opened the public hearing. Planning Commission Minutes 3 November 26, 2018 There being no one 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 5302, approving Conditional Use Permit No. 2018-26 based on the findings and subject to the conditions as listed in the staff report. COMMISSIONERS AYES: Rocha, Miller, Olivares, Miguel ABSENT: Cox NOES: None ABSTAIN: None (4) Conditional Use Permit No. 2018-27: Steven Sopp, Associate Planner, reviewed with the Commission a request by David McAllister to establish a virtual reality arcade with escape rooms within an existing approximately 7,500 sq. ft. building located at 142 South “K” Street. Property is zoned C-3 (Retail Commercial) and is exempt pursuant to Section 15301 “Existing Facilities” of the California Environmental Quality Act of 1970, as amended Chairman Miguel opened the public hearing. David McAllister provided the Commission with a presentation on their project. 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 Olivares and seconded by Commissioner Miller to adopt Resolution 5305, approving Conditional Use Permit No. 2018-27 based on the findings and subject to the conditions as listed in the staff report. COMMISSIONERS AYES: Olivares, Miller, Rocha, Miguel ABSENT: Cox NOES: None ABSTAIN: None Planning Commission Minutes 4 November 26, 2018 GENERAL BUSINESS—NON PUBLIC HEARING ITEMS None TEENS ON BOARD: None Chairman Miguel congratulated Tulare Union on their conference win. DIRECTORS REPORT: Director McDonnell provided the Commission with an update on the Pilot/Flying J Project appeal that went to City Council as well as the Zone Amendment pertaining to the language for political signs. AJOURNMENT: There being no other items to come before the Commission, the meeting was adjourned at 8:06 p.m. ___________________________ CHUCK MIGUEL, CHAIRMAN City of Tulare Planning Commission ATTEST: _______________________________________ JOSH MCDONNELL, Community & Economic Development Director City of Tulare Planning Commission Planning Commission Minutes 5 November 26, 2018

Agenda

AGENDA TULARE PLANNING COMMISSION 7:00 p.m. MONDAY, November 26, 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 October 22, 2018 Regular Planning Commission Meeting City of Tulare Planning Commission Agenda November 26, 2018 Page 1 VI. GENERAL BUSINESS- PUBLIC HEARING (1) General Plan Amendment No. 2018-02/ Zone Amendment No. 732; Consider a request by the City of Tulare to change the existing General Plan designation on the identified parcels from their current designation on the identified parcels from their current designation to a High Density Residential General Plan designation and to change the existing zone on the identified parcels from their current base zone to R-M-4 (Multiple Family Residential 1,500 sq. ft. minimum site area per dwelling unit). APN’s 166-230-007, 168-330-018, 171-250-017, 172-040- 073,177-060-002,177-060-009, 177-060-010, 177-060-011, 177-060-012, 177-060- 013, 177-300-026, 182-340-001, 182-340-002, 182-330-014, 184-100-010, 149-070- 008[partial], 177-190-002, 168-180-012,168-010-009, 168-010-010, 168-010-035, 169-030-031, 168-020-003. In accordance with California Environmental Quality Act (CEQA) Section 15164, the City of Tulare has prepared an Addendum to the previously approved Initial Study/Negative Declaration for the adopted 2015-2023 Housing Element, and determined that the changes from some original sites proposed for rezoning to new replacement sites will not have a significant effect on the environment, consistent with findings in the original Initial Study/Negative Declaration. Project Planner: Mario Anaya, Principal Planner Recommended Motion: Adopt Resolution 5304, recommending to the City Council adoption of General Plan Amendment No. 2018-02 and Zone Amendment No. 732 and approving the CEQA Addendum to the Negative Declaration for the Housing Element. (2) Negative Declaration/Conditional Use Permit No. 2018-20: Consider a request by Borrego Solar, in coordination with the City of Tulare, to install a 2.45 megawatt (MW) direct current photovoltaic system (PV) single axis tracker ground mounted solar array on approximately 11 acres located on the northwest corner of Paige Avenue and West Street. The property is zoned PL (Public Lands District) and a Negative Declaration has been prepared in accordance with the California Environmental Quality Act of 1970, as amended. Project Planner: Steven Sopp, Associate Planner Recommended Motion: Adopt Resolution 5303, approving Conditional Use Permit No. 2018-20 and adopting Negative Declaration based on the findings and subject to the conditions as listed in the staff report. City of Tulare Planning Commission Agenda November 26, 2018 Page 2 (3) Conditional Use Permit No. 2018-26: 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. Property is zoned C-4 (Service Commercial) and is exempt pursuant to Section 15304 (e) of the California Environmental Quality of 1970, as amended. Project Planner: Steven Sopp, Associate Planner Recommended Motion: Adopt Resolution 5302, approving Conditional Use Permit No. 2018-26. (4) Conditional Use Permit No. 2018-27: Consider a request by David McAllister to establish a virtual reality arcade with escape rooms within an existing approximately 7,500 sq. ft. building located at 142 South “K” Street. Property is zoned C-3 (Retail Commercial) and is exempt pursuant to Section 15301 “Existing Facilities” of the California Environmental Quality Act of 1970, as amended. Project Planner: Steven Sopp, Associate Planner Recommended Motion: Adopt Resolution 5305, approving Conditional Use Permit No. 2016-27 based on the findings and subject to the conditions 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. City of Tulare Planning Commission Agenda November 26, 2018 Page 3 [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 November 26, 2018 Page 4

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