2015-04-07 Regular Council Meeting Minutes (20150505) FINAL

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THAT A PALLET MANUFACTURING AND STORAGE USE DOES NOT AUTHORIZE A CONTRACTOR'S STORAGE YARD AS A STAND-ALONE USE AS PART OF CONDITIONAL USE PERMIT (FILE INDEX NUMBER DCV -77-010 ON PROPERTY LOCATED AT 240 E. CONGRESS STREET LOCATED IN THE M-1/SDA (LIGHT INDUSTRIAL/SENSITIVE DEVELOPMENT AREA OVERLAY) ZONE FOR FILE INDEX NUMBER DAP -001-207 Mayor DeLaRosa declared the Public Hearing Open. City Clerk Padilla submitted the Notice to Continue the Public Hearing (on file in the City Clerk's office) and there were no reports of protests or objections thereto. STAFF PRESENTATION Mario Suarez, Senior Planner, presented a PowerPoint presentation for Council discussion and determination related to the appeal of the Planning Commission's decision to uphold the Director's determination that a Conditional Use Permit that allowed a pallet manufacturing and storage use does not authorize a contractor's storage yard use as a stand-alone use; the two uses have been determine to be separate and distinct. In conclusion, Senior Planner Suarez requested approval of staffs recommendation to approve and adopt Resolution No. R-22-15 denying the appeal and upholding the Planning Commission's upholding the Director's determination. PUBLIC COMMENT The following spoke on behalf or in support of the project/application: Attorney Megan Garibaldi (Lawyer for Applicant: Largo Concrete). The following spoke against the project: Christina Irish -Rd; Amador Roman; and Rachel Warner. Motion and Second by CM Gonzalez/Suchil to close the Public Hearing. All answered `Aye'. Unanimous. Motion and Second by CM Suchil/MPT Navarro to Approve and Adopt Resolution No. R-22-15 upholding the Planning Commission's decision denying the Appeal and, upholding the Director's determination that a Pallet Manufacturing and Storage Use does not authorize a Contractor's Storage Yard as a stand-alone use as part of Conditional Use Permit (File Index Number DCV -77-01) on property located at 240 E. Congress Street located in the M-1/SDA (Light Industrial/Sensitive Development Area Overlay) Zone for File Index Number DAP -001- 201. Roll Call Vote: YES: CM Toro/Jorrin/Gonzalez/Bennett/Suchil/MPT Navarro and Mayor DeLaRosa; NO: None. Unanimous. City Attorney announced CM Bennett left for the balance of the meeting due to pain related to a recent incident. CONSENT CALENDAR Mayor DeLaRosa presents the Consent Calendar Items 1 through 11; Councilmembers present selected items for discussion and clarification by staff:; Mayor DeLaRosa, Item 5; and CM Suchil, Item 10. (CM Suchil asked the names of Elias Hernandez and Dave Moore Ivho spoke under Public Comment be put on the list for Public Hearing of June 2, 2015 as opposition to an increase in rates as they may not be available or knoly ivhen the Public Hearing may be held; City Attorney concurred ivith the request.) Motion and Second by CM Suchil/MPT Navarro to approve the Consent Calendar Items 1 through 11. Vote: All answered `Aye' with CM Bennett absent. Motion Carried. 2015 APRIL 7 REG CC/SARDA/CUA/CPFA/CHA MEETING - 4-