Planning Commission - Regular Meeting

ALL RIGHT. GOOD EVENING. IT IS WEDNESDAY, MARCH 25TH. WELCOME TO THE PLANNING COMMISSION. IT IS 7 P.M. I'D LIKE TO CALL THIS MEETING TO ORDER AND IF YOU COULD ALL PLEASE RISE AND JOIN ME IN THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS,

One nation, under God, indivisible, with liberty and justice for all.

All right. Thank you very much for that. All right. Disclosure of participation by teleconference pursuant to Government Code Section 54953.8.3, if applicable. Do we have anything for that?

No requests for vote participation.

All right. Roll call.

Commissioner Atwell. Commissioner English. Present. Commissioner Orcutt.

Present.

Vice Chair Boakye-Boateng.

Present.

And Chair Penning. Present. Thank you. We have a quorum.

All right. The City of Tracy will continue to allow for remote participation by members of the public at tonight's meeting by using the following option. ONLINE BY LOGGING INTO WEBEX, USING THE LINK PROVIDED UNDER PUBLIC COMMENT, RAISE YOUR HAND TO SPEAK BY CLICKING ON THE HAND ICON ON THE PARTICIPANTS PANEL TO THE RIGHT OF YOUR SCREEN. THIS PROCEDURE WILL BE USED TO RECEIVE ALL COMMENTS RECEIVED FROM WEBEX RECEIVING ITEMS FROM THE AUDIENCE AND ALL NEW BUSINESS ITEMS. LET'S TALK ABOUT THE MINUTES. I KNOW LAST MEETING COMMISSIONER ORCUT WAS NOT HERE, HOWEVER, THE THREE OF US, HAVE WE HAD A CHANCE TO READ THE MINUTES AND IF SO, CAN WE GET A MOTION?

Motion to accept the minutes.

We have a motion. I'll second it. Can I get a voice vote, please? All in favor? Aye. All opposed? All right. Minutes have been approved. All right. Director's report.

Can we show me as abstain?

Absolutely. Please abstain, Commissioner Orcutt. All right. Director's report.

Thank you, Chair. This is Genevieve Federighi, senior planner with CED. I have one item for your director's report tonight. There were changes or an amended agenda provided The only changes are on the first two and a half pages. And of note, the changes pertain to comments via email are now due before noon, the day of the meeting, rather than 7 p.m. And for the public comments, there are new guidelines, specifically speaker times, and those will kick in if you have more than four speakers for any item. And it has a scale of how many minutes are allowed. So those are the two changes.

Thank you, I saw that. And who will be managing the clock for that? The clock, okay.

Jennifer and Gina.

All right, thank you. All right, does that conclude the director's report? Yes, sir. All right, items from the audience. Please sign in before speaking. We invite members of the public to use WebEx to comment under items for the audience. This particular one is for items that are not on the agenda. Do we have any online items from the audience that are not on the agenda from WebEx?

No emails received.

Do we have any public comments received by email for items that are not on the agenda? No emails received and no comments via Webex. No comments via Webex. Well, I'm looking out to the audience. Are there any public comments from items that are not on the agenda? No hands are raised. We will now close the public comments for items that are not on the agenda. Any comments received after the close of public comment period will not be included in the record. All right. New business item one. A. Staff recommends that the Planning Commission conduct a public hearing and upon its conclusion adopt a resolution recommending that the City Council take the following action. 1. Waive the first reading by substitution of the title and introduce and adopt an ordinance repealing and replacing section 10.08.4240 of the Tracy Municipal Code regarding temporary use permits exempt from the California Environmental Quality Act a.k.a. CEQA, pursuant to CEQA guidelines, section 15061B3. Staff report.

Thank you, Commissioners. Christina D'Agadillo, Assistant Planner. This project is a staff-initiated zoning text amendment to repeal and replace the temporary use permit ordinance, which is a part of Article 34 of Title X of the Tracy Municipal Code. Temporary use permits, or TUPs, are issued for any outdoor temporary use or event on private property. Events such as carnivals, festivals, pumpkin patches, Christmas tree lots, etc. all require a TUP. These are also issued for outdoor vendors such as pop-up sales, flower stands, such as that. The original ordinance was adopted in 1967 which amended the existing Article 34 to include the issuance of TUPs. In 1975, City Council adopted an ordinance that amended TMC 1008-4240 to the current TUP regulations. As stated, this amendment repeals and replaces TMC 1008-4240. The modifications include the establishment of new maximum days and maximum number of permits per 12-month period, creation of a new minor permit, creation of a revocation process, and updates the formatting application requirements as well as adds a purpose and intent section. Currently, temporary use permits can be approved for a maximum of 30 days. There has been multiple requests throughout the year to extend that time limit. These new ordinance proposes increasing the maximum to 60 days. Furthermore, the current section is not specific on how many TUPs one can apply for in a year or if an applicant can even reapply. The proposed amendment will allow for three permits per parcel within a 12 month period. These can be applied back to back or spread out throughout the 12 month period. This amendment clears up the ambiguity but also allows flexibility. The proposed limit of three permits is because if an individual does decide to apply for three of those 60 day permits, one after the other, then it would total six months, which is the amount of time before the building and fire code considers a structure permanent. The 12 month period begins at the time of the first permit, and this will ensure that there will still be time between those three permits. The proposed amendment adds a new minor temporary use permit, or MTUP, for minor events. The event or use must meet specific requirements to ensure it stays minor in nature, which are it must be on developed property and it cannot exceed 400 square feet in size. Maximum duration is three consecutive days per permit. These events tend to be smaller and last a day or a weekend at most. Maximum total of six permits can be issued per parcel within a 12-month period. We expect these permits to be most popular at certain times of the year. Typical examples might include Valentine's Day, Mother's Day, graduation season, periods when short-term vendor stands are coupled. Six per 12-month period reflects the typical seasonal cycle when we see a spike in applications for minor vendor requests. The cap accommodates these peak but still protects against continuous activity. These new permits are intended to streamline the process for smaller events and it will benefit both applicants and staff. Since these are intended to be short with a quick review time, these would have a lower fee and a new application form. Here is a side-by-side comparison of the TUP and the minor TUP. The differences in time, amount per 12-month period, scale, and review time have been tailored for each permit. The amendment also adds a new revocation process section. Both TUPs and MTUPs can be revoked if certain findings are made such as misreputation or fraud, conditions have not been met, circumstances have been changed, or there's been a violation. The text amendment also includes other changes such as application requirements. The current ordinance still requires hard copies of plans. However, city has moved to electronic submittals only. The proposed ordinance removes that language. An event description has also been added as an application requirements for full TUPs. These will allow better review from staff. The formatting of the ordinance has also changed for two reasons. One, with the addition of the new minor temporary use permit, the old format did not work. And secondly, to make it more consistent with other recently adopted ordinances such as the mobile food vendor ordinance. A new purpose and intent section has been added to create uniformity with other sections of the zoning code. And lastly, new application forms for both the TUP and MTPs have been drafted in anticipation of the adoption of the ordinance. This concludes the presentation. Staff recommends the Planning Commission recommend City Council adopt the ordinance. Staff is available to answer any questions.

Thank you very much for that. Prior to going to the public, are there any clarifying questions from the commissioners?

I was curious, does the Yes, the circus does apply or the carnivals they do apply for temporary use permits. That would be the regular one that we have now. It is

A few weeks process, we review it, we send it to all departments for review to ensure it follows all codes, and then a permit with conditions is sent to them. It all happens behind the scenes. It's not something that get advertised.

Do we have any instances that have been problematic that have forced us to go from 30 days to 60 days? Is that why we're changing it to a longer temporary use time?

Most often we see it when a pumpkin patch comes in and then a Christmas tree lot wants to come in directly after. And sometimes it's the same person. They want to keep the fence up. They want to continue most of the use. And so it would be helpful for us to clarify that they could just process one application for 60 days instead of having to come in and go through the process twice for two separate 30-day permits when they're really just continuing. Yes.

Right. And to go off of that, those are usually held on the same parcel. So you've got one that's pumpkin patch and Christmas tree lot. So there's been come a problem, yes, where they want to do both. And right now the temporary use permit doesn't say even if they could. So this allows to fix that.

Commissioner, I'm sorry to interrupt. Can you speak into the microphone? Thank you.

Does this temporary use permit apply to some of these pop-up locations that are making tacos and then they're gone after a week or two?

Yes. So any event or use that takes place on private property, including like a parking lot, which is where you may normally see the small ones, they are required to get a temporary use permit. The minor temporary use permit is what we are hoping to bring forward to allow these minor ones that are only taking up a parking space or two to be able to come in and get that permit as soon as possible, instead of having to deal with the lengthy process that the full TUP requires.

Okay. Thank you.

Just a couple of clarifications. Thank you. The first one is on the per parcel constraint. This may be historical, but just to clarify, since you are doing per parcel, is there a likelihood that one application or a series of applications will max out on the parcel's permits, but a different applicant wants to use the same Is that possible? Is that something we've thought about?

It does not reset with a new applicant. The limit is tied to the parcel, not the person. So each parcel is capped at three TUPs or six, depending on the TUP, within the 12-month period, regardless of who applies. That's intentional because otherwise you could have a revolving door of applicants using the same site over and over again, which would effectively turn a temporary use into an ongoing one. and defeat the purpose of the permit and ensure TUPs remain occasional and don't function as a substitute for a permanent land use.

Okay, thank you. The other one may be short or detailed. There's a revocation process. I'm not sure if it is clearly outlined. Is it something that applicants will already be familiar with, or do we have to elaborate on that and provide more clarity on what applicants should expect since we are introducing a revocation process for that?

The relocation process is intended to meet those findings and it would be something that's decided by either by the director level because these are director level permits or staff level. So this would be something that would be brought to the director.

So for clarification, it will be detailed to applicants. Applicants will be aware of it. And if there should be revocation, there are clear means for them to appeal or make sure that they get a good understanding of why their permit is revoked. Is that the case?

We would be able to send them a notice first before they become aware, or before they get their temporary use permit revoked, we would become aware. We do communicate with our applicants when we have heard of a violation now. So we would continue that to be able to work with the applicant, and then if we cannot, then a revocation process would begin.

Okay, thank you. Just wanted to make sure we don't surprise applicants. Thanks.

I have a similar question to Commissioner Orcutt's, but what actually prompted this change?

Well, the ordinance was last amended in 1975 and does not account for the world today. The proposed ordinance reflects the trends that we see today. Furthermore, staff has received multiple requests from the public for certain changes to the current ordinances. Staff has incorporated some of those in this new ordinance to be more business friendly while maintaining regulations.

Thank you. I appreciate that. All right. We will now open up the public hearing. And once again, I've said it before, but if you do decide to speak in the audience, when you come up, please sign your name on the podium. Prior to that, are there any public comments received via email for item 1A?

No emails received.

Are there any public comments received via WebEx for item 1A?

No WebEx comments.

Okay. Now I'll look out to the audience. Are there any folks in the audience who would like to make a comment on item 1A? Show of hands. Don't everyone raise them at once? All right. The public comments for this item is now closed. Any comments received after the close of the public comment period will not be included in the record. We will bring it back to Commission for more discussion and or a motion.

I move to recommend that the City Council of the City of Tracy conduct a public hearing and upon its conclusion take the following actions. waive the first reading by substitution of the title and introduce and adopt an ordinance that repeals and replaces section 10.08.4240 of the Tracy Municipal Code regarding temporary use permits. Exempt from the California Environmental Quality Act, CEQA, pursuant to CEQA guidelines section 15061B3.

I'll second that.

One more time. I'll second that.

There we go.

All right. We have a motion that's been seconded. Can I get a roll call vote, please?

Commissioner Atwal. Commissioner English. Yes. Commissioner Orcutt.

Yes.

Vice Chair Boachae Boateng.

Yes.

And Chair Penning. Yes. Thank you.

All right. That concludes new business. We'll bring it back to items for the audience for items that are not on the agenda. One more final chance for that. Are there any items that are not on the agenda from email or via WebEx? Doesn't appear. One more time out in the audience. Going once, going twice. No show of hands. A public comment period for items that are not on the agenda has now closed. Can we get a final director's report?

Yes, Chair. Thank you. Genevieve Federighi again. We have a couple of updates for you. We just want to give you a heads up that the May 13th Planning Commission meeting will be canceled. Looking forward, we will be switching to Zoom. So we'll provide you all that information, but just another heads up. at the April 7th City Council meeting. Three new commissioners will be appointed or reappointed, which brings us to my last item, which is giving a huge thank you to the three commissioners that are coming to the end of their terms. Commissioner Orcutt, Commissioner English, and Commissioner Boateng. We just wanted to say how thankful we are for all of your input and guiding us. And it has been a pleasure working with you. We wish you the best moving forward. We know we're going to see you out in the community doing other things if it's not on the planning commission. So thank you so, so much. And that concludes the director's report.

Thank you very much. And just real quick, I'll just kind of, I'll keep it quick. I just, you know, I appreciate all the support from Commissioner Orcutt, Commissioner English, Commissioner Boacce. I mean, they've, you know, I've only been here three years, and this has been a, you know, a great support. Their knowledge has been, you know, seamless, and they've shared with me so much, and I definitely appreciate it. And yeah, I mean, who knows if we'll be back? I don't know who put in. I'm not, you know, we'll find out in a couple weeks. But thank you very much for all your support. I definitely appreciate it.

Well, it's been a pleasure. I really enjoy this. I think we accomplished a lot. And I think that we have a good team up here. And our best interest was to serve our city. And I think that as the team up here, we did, personally, I'm saying a good job. And I really appreciate all the staff support and all the work they've done to support us and Director Ebbs as well. I appreciate you and thank you for your guidance as well. Thank you.

I'd like to say a couple of words, and those being an extreme heartfelt and sincere thank you to all the staff members and the directors and leaders and everybody that has been part of our commission, not just here, but as... Over the course of time where we were supported to go to commissioner academies and planning conferences to learn about the different aspects of planning just for our city, it's helped open and broaden my scope, open my eyes and broaden my scope of what else is out there besides just getting a little magazine or whatnot via email and clicking on it and not having time to read a bunch of it. But then when you actually physically go and you go on a walking tour and you SEE THE SITES AND YOU EXPERIENCE LISTENING TO THE SPEAKER ABOUT MISSING MIDDLE INCOME HOUSING OR JUST FARM TO FORK STUFF IN SACRAMENTO, ALL THE KINDS OF THINGS THAT YOU GET EXPOSED TO BY GOING TO THOSE IS VERY HELPFUL AND EDUCATIONAL. THEN THE OTHER THING I'D LIKE TO THANK YOU FOR THAT, THANK YOU FOR THE LEADERSHIP THAT EXPRESS TO COUNCIL, HEY, THEY NEED TO SEND US TO THOSE THINGS TO HELP US GROW ALONGSIDE A LOT OF THE NEW COMMISSIONERS OR EXCUSE ME, NEW STAFF AND PLANNERS THAT ARE HERE WITH US TO HELP US ANSWER THE OR ASK THE TOUGH QUESTIONS SO THAT THE PROJECTS THAT COME BEFORE US GET IMPROVED ULTIMATELY FOR ALL OF US THAT LIVE HERE IN THE CITY OF TRACY. So thank you for that. It was a great opportunity. I do apologize for missing the deadline. It wasn't my intent. I'll clearly state that to miss it. But I understand rules are rules, so I live with those too. Um, and you are correct. You'll see me out and about the city, uh, doing other things, whether it be for other commissions or, or city council and, uh, showing up to those meetings to learn more about, uh, what, what's on their docket. Uh, it just, hopefully it'll make me a better person, better leader, and a better colleague amongst everybody here that I consider, um, uh, a pretty good batch of people to help make this city, um, what it is. Um, it's a beautiful city. I'll always love it. and as I approach retirement, my wife's saying, oh, we have to stay here, we have to stay here, and I'm like, ah, okay, I don't know, having that struggle of moving, but you start to grow roots here like a tree, and then you just want to stay just because of that, but anyways, I thank you for the outstanding opportunity, the chance to lead, the chance to just be a part of something that's greater than I, so I appreciate that. Thank you, guys.

Thank you. I think, first of all, thanking Commissioner Ockhart and Commissioner English for being great partners on this commission and Chair Perrin. to the staff and also to the whole community. I think one thing that I've learned most about my experience in planning is the collaborative nature and the fact that all aspects of the community are brought into effect in order to be able to direct the future of the city, especially the community minders, the community development mindset that has been developed, brought into the department is quite visible. The structure of the meeting has significantly changed over the time. And I've seen a lot of growth in all of the different aspects of the planning community development effort in the city. And I'm really Really glad to have been part of it. Thank you to everyone.

Thanks again to all my fellow commissioners. Any final thoughts from the commission? Any final items? Looking for a motion for adjournment.

I'd like to make a motion to adjourn.

All in favor? Do I get a second? Second. All in favor, voice vote. Say aye.

Aye.

All opposed, say nay. Thank you very much. There's one more. Now that the meeting's over, there's one more thing. I'm going to ask my wife to come on up here for a quick second. The meeting's over, so this is not part of the minutes.

Thanks, guys.

Thanks, Alex. AND VERY, UH... YOU TOO.

YOU'VE BEEN HERE FOREVER. YOU ALMOST MADE ME CRY.