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Planning Commission Meeting Minutes

April 23, 2003

CALL TO ORDER

The meeting was called to order by Chairman Price at 4:00 p.m.

ROLL CALL

Chairman Price; Commissioners Crane, Griffin, Savage, Stopper and Francis

ABSENT: LeQuire

STAFF PRESENT: Chief Planner Rosen, Senior Planner Mullis, Redevelopment Operations Manager Galvin and Recording Secretary Baker

MINUTES:

Comments: Commissioner Savage asked to add on page 37 the second paragraph "what a significant number of" and "because we are taking R-1 neighborhoods and imposing R-2 living conditions." Motion by Commissioner Griffin, seconded and carried by a 6-0 vote, that the Minutes of the April 9, 2003 meeting be APPROVED AS AMENDED.

PUBLIC HEARINGS

ITEM NO. 1
PRJ03-00172 - LRP03-00005. APPLICANT: CITY OF FULLERTON; PROPERTY OWNER: J. R. RICHTER.

Chief Planner Rosen stated that staff received a last minute request to continue this item to the next meeting because one of the affected parties was not noticed properly.

MOTION by Commissioner Crane, seconded and CARRIED unanimously that Item 1 be continued to a date certain of May 14, 2003.

ITEM NO. 2
APPLICANT: CITY OF FULLERTON

Terry Galvin, Redevelopment Operations Manager stated that the Redevelopment Law only allows eminent domain authority to be used in a Redevelopment Area for 12-year increments of time. This year the first 12-year increment expires for Project Area 4 and there will be a public hearing at the City Council level to approve extension of that authority for another 12 years. In order for approval to be given, owners and tenants in the project area must be notified. This would be considered an amendment to the Redevelopment Plan. The Planning Commission must make a determination that the proposed amendment is consistent with the City's General Plan.

Staff recommended that the City Council/Redevelopment Agency extend the eminent domain authority for Redevelopment Project Area 4.

Commissioner Francis asked what would happen if the extension expired. Manager Galvin explained that the City could no longer use eminent domain in Project Area 4. He also asked how the reapplication is done. Manager Galvin stated that it is done through this process, and it's best if it is done before it expires.

Commissioner Stopper asked how often the City has invoked eminent domain. Manager Galvin stated that it had been done, but he was unsure as to the exact number of times. He also gave two examples of when it had been used. Manager Galvin did state that under threat of condemnation, if the property owner sold their property to the Redevelopment Agency, they can invoke an IRS code that allows them two years to find replacement property and not have to pay capital gains tax. Commissioner Stopper asked if that was on a mutual agreement basis. Manager Galvin confirmed that it had been.

Public hearing opened. With no comments the public hearing was closed.

The title of Resolution No. PC-03-12 RECOMMENDING determination of conformity of Amendment No. 1 to the Redevelopment Plan for Redevelopment Project Area 4 with the Fullerton General Plan, and recommending to the City Council and the Redevelopment Agency that said amendment be approved, was read and further reading was waived. MOTION by Commissioner Crane, seconded and CARRIED unanimously, that said resolution be ADOPTED AS WRITTEN.

OTHER MATTERS

  1. REVIEW OF COUNCIL ACTIONS

    Chief Planner Rosen gave a brief update on recent City Council meetings.

  2. PUBLIC COMMENTS

    There were no public comments.

  3. AGENDA FORECAST

    The next meeting of the Fullerton Planning Commission will be May 14, 2003, at 4:00 p.m.

ADJOURNMENT

There being no further business, the meeting was adjourned at 4:20 p.m.

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