Planning Commission - Regular Meeting

and we'll be ready in about 30 seconds. Okay, no problem. Good. How are you? Sales, we're ready. Okay, you're ready to start? Yes, ma'am. Okay. Um, call this meeting, the special meeting of the Selma Planning Commission to order at 6:03 p.m. City of Selma Council Chamber, 1710 Tucker Street, Selma, California, Wilmark Salvang, 280 Alisil Road, Salvang, California. Teleconference number 301 7152. webinar ID 8831804-9306. Um, when on the phone, if you wish to address the council during the public comment portion of the agenda, press star 9 to raise your hand and we will select you from the meeting queue. Press star six to unmute and mute yourself. Um, we'll have a flag salute led by Commissioner Standridge, please. To the United States of America, one nation under God, indivisible, with liberty and justice for all. Roll call, please.

Commissioner Corey, here. Commissioner Garcia, here. Commissioner Sandridge here. For the record, Commissioner Franco's absent. Chair Salis here. And Commissioner Kesler is not here yet. Okay. First order of business. Oh, actually, uh, potential conflicts of interest. Any commissioner who has a potential conflict of interest may now identify the item and recuse themselves from discussing and voting on the matter. Does anyone have a conflict of interest? No. Okay. Oral communications. Notice to the public at this time. Any member of the public may address the commission regarding any item over which the commission has jurisdiction. No action or discussion will be taken on any item not on the agenda. Issues raised will be referred to the chairperson for review. Members of the public shall limit their remarks to three minutes. Is there anyone present who would like to address the planning commission? If I may, I'm going to read the uh statement of public hearings quickly. Um, you want to read that before we have our public hearing. Correct. Okay. Well, we're we're not on there yet. We're on oral communication. Uh, not the oath the office, but the statement that we read right before the meeting. Okay. Go ahead. uh city statement regarding public hearings. During public hearing, I will ask for staff's comments and reports on the items being discussed. After staff's presentation, uh chair will open the hearing to public testimony. Uh chair will then close the public hearing at which time no member of the public shall address the commission unless specifically asked by a member of the commission through the chair. The planning commission will then discuss the matter amongst themselves and take action on the item being considered. Uh

chair, we can move on to the planning. Okay. oral communication. Is are there anyone present who would like to address the the commission on any item not on the agenda tonight? Is there anyone online? There's no one online for oral communication. Alice, I don't see anybody right now. Okay. Our first um action tonight will be the planning commission oath of office. The presentation of the oath of office to recently appointed commission member Brian Ramirez. Chair, thank you. I'll go ahead and uh present the uh oath of office. If I can have uh Mr. Brian Ramirez please stand at the front. Uh, Ramirez, please raise your right hand and follow your uh the response with I do. Do you solemnly swear to support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic. That you will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California. that you will take this obligation freely without any mental reservation or purpose of evasion and that you will well and faithfully discharge the deputy the duties upon which you are about to enter. Congratulations. Congratulations. Congratulations. Mr. If you would like to take a seat on the deis now,

our first item on the agenda, can you Can you hear me? Yeah. Okay. Um, conditional use permit CUP plan 2510 to establish a new thrift store retail business reselling children's clothing. The project does not propose a physical expansion of the existing structure, nor does it require an increase in the number of available off- streetet parking. The proposed business, Lovely Little Things, is part of an existing commercial lot within the Central Business District, CBD. The project will also include the approval of a of a notice of exemption in accordance with uh California Environmental Quality Act, SQUA. Um staff report, please. Thank you, chair, commissioners. My name is Kamar Bogi, city planner for the city of Selma. Um, and I will be presenting plan 25-10, conditional use permit, um, and notice of exemption. That should be 25. Apologies for that. The project and description, um, like chair said, uh, the proposed project is located on a northeast corner of Flora Avenue and Dockery Avenue. Um on February 20th, the applicant applied for a business license uh which was denied by the planning division as retail establishments that include the resell of used goods require approval of a conditional use permit. And that is what the applicant did uh per section 11-2.4 uh subsection C of the SEM municipal code. Uh the proposed thrift retail store will serve uh local families in need by offering affordable, lightly used children's clothing, equipment, toys,

books, and accessories. Um and this um location that they're moving into was previously a tax preparation office and a photography studio. Yes. The project location, like I said, is located on the northeast corner of Floral Avenue in Dockery. Excuse me. Um, Camara, it is on High Street. It is not my apologies. That's okay. Just west of High Street and north of First Street as you can see here on the project location. Apologies for that. Next slide, please. Here is the submitted uh floor plan. Uh there has not been or there will not be that uh much improvements to the interior floor plan. Uh as you can see here um the improvements include rolling racks. Um the restrooms that they do have will address further into the presentation. Um the pricing, sorting and tagging room and then a wall clothing racks. Um, next slide please. Uh, for the SQL compliance, uh, 15301 existing facilities exemption has been determined that this project is categorically exempt uh, from additional SQA process and a notice of exemption has been drafted for this project. Slide please. Okay. So the project analysis um the pro the applicant has been conditioned to make tenant improvements to accommodate the change in use. Um they will be changing the use will be changed from B business occupancy to a mercantile occupancy. Some of these improvements shall establish an

accessory path of travel to the specific areas of all of alteration or addition uh such as primary entrance to the building and toilet facilities serving the area. Additionally, ADA accessible restrooms or restroom uh must be developed as indicated by the California building code. Uh these are some of the items that have been addressed in the conditions of approval. Um now the applicant has expressed their request to apply for um a hardship exemption related to the ADA improvements. If their exemption is approved, the applicant must or uh will still be required to upgrade the path of travel elements such as restrooms, parking, and routes uh to the um altered areas to the maximum extent possible um without exceeding the 20% cap of the overall um proposed construction. Additionally, um, all donations, additional comments that were added, sorry, additional conditions were that were added to the project included, uh, that all donations shall be handled and accepted by assessing by assessing the front access of the building only and that a sign should be placed stating no dumping um, on the front and rear portion of the property. Um this is to attempt any or to deter any illegal dumping or unwanted uh blight uh to the facility. Please staff is recommending that planning commission approves plan 25-10 subject to the conditions of approval and notice of exemption. And we are open for uh questions. Okay. This is a public hearing. So, at this time, 6:14 p.m., we'll open the meeting to public hearing. Anyone at this time can

approach the podium, state your name and address, and uh whether you're for or against the proposal. My name is Andrea Casanos. I'm excited to share my vision for my children's thrift store with a big purpose. This thrift store is designed to support families in our community. This store will offer more than just affordable items. It will be a place where families can buy, sell, and donate gently used children's clothing and goods. We have received an overwhelming amount of support. Sorry. We have received an overwhelming amount of support um from our community as well as surrounding towns. We also have a great location next to EECU that gets steady traffic and we're confident this can become a valuable resource for local families. Beyond the store itself, we plan to use the profits to give back to our community by hosting back to school supply drives, Christmas drives, helping kids afford sports fees, and more. Our mission is to create something that truly benefits the community and we hope to have your support in making it a reality. If you have any questions, we'd be happy to answer them. Thank you for your time and consideration. Anyone else like to approach? Hello everyone. Santiago Sera 2209 Thompson um Dixster for Council. Uh, the reason I'm here is, um, I just had a question. Um, on the ADA bathrooms, are those required even if they don't open them to the public? I really don't know about ADA. Maybe somebody could enlight me on it. Yes. Uh, per the California Building Code. Um, and I believe the section number was addressed in the conditions

of approval. um even though they're not accessible to the general public. Um ADA compliant bathrooms is a requirement per the building code. So who are they going to be used for if there's no public use? Who's going to use them? That is a that he needs to be used ADA. I mean I don't potential employees. Uh it's not the fact that you are planning for a specific individual who is um who may need to have accessible restrooms, but it's for the opportunity or the possibility of a future employee that will be employed there um either now or in the future that if they were employed, they can and will be able to use those restrooms. Great. Thank you. Dela Ramirez, Sama, California. Um, I I support this the store that's going to be opening up because I feel that um, you know, in this stage and age, there's a lot of, you know, hardship out there for people that, you know, can't can't afford, you know, new clothes. And I think, you know, with the for kids, you know, and I think that um it's a good idea to have this um this store there, this thrift store there. Also, um you know, I don't see why not. If we wouldn't approve it, if we don't approve it, it would be another empty building just sitting there. And uh this would attract people to come downtown from maybe throughout not only Selma but other nearby cities, Fowler, Selma, I mean Kingsburg, um Reley and you know word would spread out and spread around and I think that it would um it would be good. It'd be good for the city. Thank you. Thank you. Is there anyone else would like to address the commission?

Anyone online? For all I'm sorry. For all the callers on the line, star 9 to raise your virtual hand. Star six to unmute yourself. Is there anyone? I don't see anybody online right now. Okay. At this time, we will close the public hearing and bring the item back to the commission for any discussion or questions they may have as staff. I just have a question, please. What is the reason of restricting them to receiving donations only through the front? I mean, if the back is accessible, wouldn't alleviate the traffic on High Street? Um it wasn't necessarily um regarding the traffic. It was more to help prevent um unwanted dumping uh from the back um at night. It is very possible for individuals to it is very possible for individuals to um dump or you know use any donations when the facility is not open at a time. um storing those things at night easily can be um um you want to be able to see those things over time and setting a president to um have those donations in the front I think uh helps alleviate that issue. Um of course adding those signs would help too but um that essentially is the purpose for that. Okay. And regarding the requirement to update this bathroom to an ADA, is that because they applied for the CUP because my understanding there was two businesses before that and they weren't required to update it. So what triggered the trigger was the change in occupancy. Change in occupancy went from B to M so

merkantile and that triggered the uses due to the makeup of the business now having more individuals coming in and out of the building. Um so that is what triggered the uh the California building code for ADA compliant restrooms. Okay. Thank you. I have a question on the conditions number five 67 8 and 9. Um it says under five the applicant or successor in interest shall designate in writing before starting work an authorized representative who shall have complete authority to represent and act for the developer. Um, and then when you go through and you look at seven, six, seven, eight, and nine, um, these, uh, it sounds like the tenant is responsible for everything in the building and the roof mounted mechanical equipment, the downspouts, electrical transformers, boxes, control boxes, and other equipment. Um can you explain that why the why the tenant would be responsible instead of the building owner for these type of um things? Yes. So um it's not necessarily saying that they have to do those things um specifically per this project. These are standard conditions or comments and depending on what project that they'll be approving, they may be uh subject to these conditions. Um obviously this type of business is not going to require um any new uh roof mounted mechanical equipment um uh or a new backflow device um but in the effort that they are going to do that then they would need to follow these types of conditions. So, it's more boil boilerplate language. Um, but can make the argument that these don't have to be in there, but this is not stating that they have to applicant has to do this.

Would her lease have any of these provisions in it to help protect her? The lease would be a separate um entity essentially. Um, that would be between the property owner and the applicant, right? I also have a question. Um, under also under conditions number 13, um, if there's any graffiti that the tenant must remove it within 48 hours. If not, they would be cited by city officials. Um, so that doesn't fall under the umbrella of what the city council passed up under the graffiti task or is that just for residential? So for the record, this condition was written before that ordinance has gone into effect. So if the ordinance changes, this requirement would change. I think there's mention of what the municipal code section currently is. And I believe the city council agenda for this Tuesday has the second reading of the ordinance and then it wouldn't go into effect till 30 days after that. So technically right now as of this second that is the legal requirement which would be subject to change with the update to the municipal code that is being considered for second reading at the city council on Tuesday and if approved would go into effect 30 days after that. Okay. Thank you. I have a question regarding the um application for exemption of the uh things that are being required for the restroom. What does that entail? What does she have to do? And what is the likelihood of being granted that exception exemption? Um the likelihood I think will be more on the building side uh with Grod carcy. Um uh for an applying the applicant must submit a cost estimate for the proposed

construction a cost estimate for the required ADA upgrades um an analysis showing that the ADA upgrades exceed 20% so they do qualify for that hardship um and I think there is a standard uh hardship request form that they do need to fulfill. And then if they are granted the exception, what would be her next step to being able to open? I mean, how long does that take and what's the next step involved? Uh, you may be able to uh talk more about the timeline, but I do know it's going to be it will work in parallel with um Rod Cary who approves. So, essentially, he wouldn't approve until he does get that um hardship exemption. Um the applicant will work with Rod Carsey. um once they figure out the evaluation and uh what 20% is depending on how much improvements they they actually um uh need to do and then I think there is a hierarchy of certain ADA improvements that will be required or will be required if yes exactly staying in that 20% um once they abide by that then um it will be approved and essentially she'll be able essentially to start with everything and to add to that as as Kamar Morris stated, "The rationale for the ADA improvements is due to the change of occupancy." So, the applicant will be required to apply for a building permit for a change of occupancy. That being said, most of the improvements that they're making are relatively minor and have a very low cost. The ADA hardship exemption basically says whatever amount you're making that's under What's the amount? I think it's like 193,000. $193,300 $193,000. If you exceed that, you have to do full accessibility upgrades. If you're below that, you qualify for this except this uh hardship exemption. And

you would have you would be obligated to do an equivalent of a minimum of 20% of accessibility upgrades equivalent to what your cost is. So, as an example, if they're doing $500 in improvements, they have to spend $100 on ADA improvements, which could be if the door is too heavy, they put one of those uh things on the door to help you open it. That's an accessibility issue for people that aren't strong enough to open the door in a wheelchair or on crutches or whatever. That would be the extent of accessibility improvements that they would have to make. So they would just have to identify on the form the amount of improvements that they're making and which accessibility improvement that they are going to be able to do within that minimum amount. Uh I believe they could do other things like and and again the hardship form gives kind of a hierarchy of the first preferred accessibility accessibility improvements to be made and you kind of go through that list. And so, um, that being said, I think, uh, the chair also asked timeline. Um, I think that would be a relatively short timeline through the building department once they submit it. Rod Carcy, our planchcheing consultant, is already aware of this project. I believe a consultant for the applicant has already reached out to them and informed them of uh, the qualif that that the project will qualify for a hardship exception. So, he's already aware of that item. And so with no really building code compliance issues like they're not building any 1-hour firewall separations. There's no weird things like that to review. I would anticipate it would be a relatively short turnaround. So do they have to have a building permit to make those changes to the that are going to be required? The change of occupancy is documented through the building permit process. That is how the city documents changes from one business to another that is a different occupancy. So yes, a building permit would need to be applied

for. Impact fees wouldn't apply in this instance. It would be a relatively lowcost permit for this type of project. Okay. Thank you. Any other questions from staff or from the commission? At this time, then we can entertain a motion. I'll make a motion. Go ahead. I move to approve the PUC for plan 25-10. I second it. Roll call. Commissioner Garcia. Yes. Commissioner Corey. Yes. Commissioner Stanbridge, yes. Commissioner Kesler, yes. Commissioner RmIrez, yes. Ter Salis, yes. Motion approved. Thank you. Thank you. Um, is there any else that staff needs to talk to the commission about? I think the only thing that we have is we don't anticipate another meeting this month for the month of April. Yes. Okay. Thank you. Um if there's no further business then we can adjourn the meeting at 6:29. One item for the record. Doug Kesler did show up for the meeting according to my notes at 6:21. Thank you. Okay. Move to adjourn. Thank you, chair. Thank you.