Planning Commission - Regular Meeting

Okay. City of Taft Planning Commission meeting is being held uh in person at City of Taft regular meeting uh Wednesday, December 3rd, 2025. We're in the city hall council chamber. It's being held with full capacity seating and is being livereamed at httpsw.youtube youtube.com/ user/c city oft public comments can be made in person and also come to receive per the following written comments may be dropped off in the dropbox in front of city hall comments may be emailed to the city clerk at city of clerk at cityofap.org report made by phone to the city clerk's office at 661-7631222. Public comments not made in person will be accepted up until 1 hour before the meeting and any comments received will be read into the record. Okay, we'll now stand for the pledge of allegiance. Put your hand over the park. Luke pledge.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation, indivisible, with liberty and justice for all.

And tonight's invocation is Greg Mudge. Father in heaven bless we pray that your spirit will work in their hearts and their minds and they continue to watch over and protect us by creating the community that we can all enjoy living in in peace and harmony with one another. We ask this in Jesus name. Amen.

Amen. Amen. Um and just a reminder because I'm reminding myself if your phone is on please turn it on to mute. What public service? No tip jar. Uh no, no tip jar. Sorry. Um roll call, please. Chairman Livingston present. Vice Chairman Schirtz here. Commissioner Dowen here. Commissioner McDaniel here. Commissioner Black. Yes.

Okay. Um we are going to be first having a continued public public hearing. Um and what I asked Luke to do is just give a brief recap and then we'll go right to the comments. Thank you. Okay, there we go. There we go. Good evening, commissioners. Um, this item is a continuation of last month's item. Um, it was continued to today um because uh there was not quorum quorum I mean there was is that three not sufficient members of it to vote on the matter,

right? Um, so it's continued to today. Um, but just as a brief recap, this is a conditional use permit um, number 2024-07. Um, staff recommends approval of the conditional use permit um, with conditions and to deny the variance application um, for a reduced uh, number of parking. However, there is that um parking reduction that we're allowing through a different section of the code. Um uh yeah, it's on uh it's off of Kern Street. There's a um there was a special event that was being held um last month, early last month, late October. Um and this is the full permanent application. So,

deal. Okay. Um, next up is uh, Mr. Bernard Harrison. Is it? I get the last name wrong. Herman. Herman. Mr. Herman, is he present? Yes. Before we open it up for the public hearing, we're going to give you the chance to comment. Yeah, you're on.

Thanks so much. Um, good evening everyone. My name is Bernard Herman. I'm here to um answer any questions if there are any uh about the conditional use permit for Miniolf um at 421 Turn Street. I'd also like to thank the staff for helping us out, helping me out with the um with with the uh requirements and I'm happy to follow all the requirements and I'm looking forward to the to the full buildout. So, thanks so much. Okay, in that case, we are now going to open the public hearing. Is there anybody present who wants to speak to this issue? How's it going so far? Making it happen. Yeah.

All right. I saw the you redid some of the breaks in there and made a little more a little more challenging for those that are into the miniature golf realm. So, uh, yeah, I'd love to come over and see it. What's your hours? We're going to be daylight hours. Yeah. And once the full buildout is done, we'll be open for a couple hours. Okay. You have a website or anything you want to point two people to? Yeah. Taff mini golf.com. All right. Deal. Social media. Taffin Golf. Good idea. Thank you, sir. Anybody else have any questions?

I have a question, please. Um, on the landscape plan. I I have a question about we used to call it the parkway. That area between the curb and the sidewalk on the on Kern Street. Um there's no indication there of any landscaping. Is that is that their responsibility or is that the city's responsibility to landscape and maintain that?

Yeah. So um it is within rightway. However, the city does um can require through conditions that it be improved with landscaping um with approval of the conditional use permit. So they would have to improve that area. That is one of the conditions. Uh I believe it's planning condition. Um uh it's planning condition number eight and it's also it's also redlined on their application exhibits um on the landscape plan.

Yeah, I didn't see anything on there. So, I was kind of curious about if you'd planned on putting something in there. Yeah, please join us. Yes. So, um Luke has guided us through the requirements and um he mentioned that the full frontage of the mini golf course will have landscaping a landscaping plan including that area um next to the Okay. to the sidewalk. So, we're going to be submitting that to building for for approval. Y Okay. Thank you. And it it'll be consistent with downtown specific plan. Mr. Chairman, I'm sorry to interrupt. Before we go on with the discussion and questions, can we just clarify for certain whether or not there's anyone else from the public here who would like to speak on the matter? Okay.

And then you can consider whether or not to close the public hearing at that time and move on with questions and answers. Thank you. Thank you. I appreciate that. Um, is there anybody pent who would like to speak to this item? Okay. Hearing none, we'll close the public hearing. And now back to allowing you guys to ask any questions you want. Does there anybody else have any? Nope. Not at this time. Okay. Then uh if there's no comments from the commissioner in particular, we'll uh call the roll call or vote. Motion. Oh, motion. Yeah, man. I'm really with it today, aren't I? Thank you.

I'll I'll make the motion. Means it means I got to read it right. Yes, it does.

Uh motion to adopt. Do you want to read it out? Motion to adopt the resolution uh of the planning commission the city of Taft approving conditional use permit numbers 2024-7 with the conditions and denying and variances application number 2025-3 to develop the miniature golf course located at 4 uh 419/421 current street within the downtown transitions mixed transition mixed use DTMU New zone district on the south side of Kern Street between fourth street and fifth street APNS 031090-05 and six and find that the project is ex exempt from the requirements of California Environmental Equal Equality Act EQUA ECA QA as set forth in section 15332 in the squa guidelines in full development. Okay. Do we have a second?

I'll second. Okay. We now have a motion and a second. Now we can have the vote. Commissioner Dman, yes. Vice Chairman Schz, yes. Commissioner McDaniel, yes. Commissioner Black, yes. Chairman Livingston, yes. Thank you. Okay, that concludes item one under agenda. Mr. We will now move on. And I'm sorry, Mr. Chairman, if I could just just to make the record perfectly clear, that motion was adopted by a vote of five to zero. Thank you. Yes. Well, I'm just missing all the things today, aren't I?

Uh, public hearing number item number two on our agenda, uh, zoning ordinance amendment. Luke, yes. So, this item will actually be presented by Jenna Chilengarian. She's online. Hi everyone. Can you hear me? Yeah. Yes. And can you see the PowerPoint presentation? Yes. Yes. Okay. Great. I'm going to make it full screen and just confirm before I start that you see the slides progress. Yep. Yep. Yep.

Okay. Wonderful. All right. Good afternoon, commissioners. Jenna Chillingarion. I met uh you met me a couple months ago when I brought the housing element before you. And so tonight or today um I'm here to present on zoning ordinance amendment 202516 and specific plan amendment 202517 which will implement various programs of the adopted and certified uh six cycle housing element. So the item for consideration again is the zoning ordinance amendment and a specific plan amendment which would amend the downtown TAP specific plan to implement several housing element programs of the six cycle housing element update as well as the SQA exemption. For background, the six cycle housing element update was sorry that should not say 2032, that should say 2023 to 2031 was adopted by the city council on August 19th, 2025. The California Department of Housing and Community Development issued a finding of substantial compliance on August 22nd, 2025, which confirmed conformance with state housing element law. And now with an adopted and certified housing element, the city must implement, monitor, and report on the progress toward implementing the housing element through 2031. In terms of the project before you today, the housing element, as you are aware, analyzes future housing needs, provides adequate sites for accommodating the city's forecasted growth, analyzing analyzes housing constraints, assesses fair housing, and identifies housing programs to achieve housing goals and objectives. And the adopted housing element identifies 52 housing programs which are organized across 10 areas. Sorry, somebody wants to come into the Zoom meeting. Okay. Um, organized across 10 areas to achieve the identified housing goals and objectives. And so

here's a list of those 10 program areas from the housing element. And I've bolded three of them because the programs that are before you tonight um are within these areas. So specifically removal of constraints, accessory dwelling units and housing production streamlining and incentives. So the action before you consists of amendments again to the zoning ordinance and a specific plan to implement 23 housing programs and those are all detailed in your staff report. And the amendments are required for three reasons. um for compliance with state law for a majority of these for removal of constraints that were identified in the housing element update process and to incentivize and encourage housing production in the city. So this is a list of all the programs um programs within programs. So we have the program area. So like program 5 says removal of constraints and within that program we have various subprograms. So all of these subro programs shown here and documented in the staff report and resolution are the ones that are um being implemented through this action. So program five removal constraints have all of these pro subprograms and then program six which is related to ADUs has one program which is related to the ADU ordinance. And then the third area is within program 9 which is housing production streamlining and incentives and there's some uh subprograms within that that are being implemented through this action. Okay.

In terms of squa this project before you proposes policy updates programmatic changes and actions to meet RENA which is the regional housing needs allocation and state housing requirements. The amendments serve to implement the identified housing programs and actions. Any future development will remain subject to sight specific environmental review and compliance with the general plan specific plan and zoning ordinance and there therefore the project is exempt under SQA guidelines section 15061B3 as it would not have the potential to cause a significant physical effect on the environment. These are the findings that need to be made in order to recommend approval of the zoning ordinance amendment. These are all detailed in the staff report. Here are the findings for this specific plan amendment. They're also detailed in the staff report. Based on the staff report and the analysis, staff recommends that the planning commission conduct a public public hearing and then motion to adopt a resolution that recommends the city council approve zoning ordinance amendment and specific plan amendment to implement housing element programs of the six cycle housing element update and find that the project is exempt from SQA. And that concludes my presentation and I'm happy to answer questions.

Are there any questions? Uh it's a little bit off off well on the subject. Some of these ADU units we have in and Taft are on the property line. Is that going to be an issue with uh some of the allowances grandfathered in or not? So you have current ADUs that are on the property line? Correct. So, the the ADU ordinance uh is being updated to meet state law and anything that's already built would become legal non-conforming. Legal non-conforming. So, they they don't have to tear it down, but they you comes down that you're you have to build off off the property line. All right. Yes. Thank you. Any other questions?

Okay. and then we'll open the public hearing. Does anybody have any uh comments they'd like to make on the record public hearing? Okay. Then we'll close the public hearing and I'm open to having a motion. I'll motion. Okay.

You need a second. Read it. I'll motion to adopt a resolution entitled a resolution of the planning commission of the city of Taff recommending the city council approval of zoning ordinance amendment 2025-16 and specific plan amendment 2025-17 amendment to the downtown specific plan to implement housing element programs on of the six cycle housing element update 2023 to 2031 and find that this project is exempt from the requirements of the California Environmental Act as set forth in section 15061 B3 of the SQA guidelines.

I like to second it. Okay, we have a motion and a second. Can we call the role? Commissioner Den, yes. Vice Chairman Schz, yes. Commissioner McDaniel, yes. Commissioner Black, yes. Chairman Livingston, yes. Thank you. And that passes on a 50- vote. Okay, we're now moving to item three on the agenda, which is a public hearing regarding a conditional use permit for an accessory top tobacco sales. Um, Luke,

thank you, chair. Um this last item on the agenda, uh last public hearing item on the agenda is uh a conditional use permit for um accessory tobacco sales at a proposed convenience store um located at 431 Kern Street. It's on the souththeast corner of Kerna and uh Fifth Street next to the golf course.

Correct. Um, so to give a bit of background, in July of 2021, the applicant did receive approval of a building permit for tenant improvements for a new convenience market um through the building department. In this approval, um, both planning and building stamped the building plan set approved. Uh, while it did constitute approval of the building plans, it did not approve any use permit required for the proposed use. Um the city has since identified the need for the applicant to obtain obtain a planning entitlement with the planning department prior to obtaining um full approval of the building permit to allow the proposed uses. Um within the proposed convenience store, the applicant does request authorization to sell tobacco products. Um the municipal code requires that all businesses proposing to sell tobacco products obtain a cup uh with planning commission approval. This Cup is to remedy the entitlement issue that was um not disclosed um in prior meetings with the applicant. Um so the current CUP does request to um the C the current CUP request uh is the formal land use entitlement required under the TMC for conducting accessory tobacco sales. Um so um the definition of tobacco shops in the municipal code is that it's any facility or business establishment whether as its principal use or its accessory use that includes the sale of tobacco products. So you know as one may think of a tobacco shop um this is a convenience store with accessory tobacco sales. However, regardless, it's still classified as a tobacco um shop by the municipal code. Um it tobacco shops are permitted in the zone district um

pursuant to the downtown specific plan. Um there is one uh issue uh as far as it relates to distance requirements from other uses. Um, so pursuant to the municipal code, no private smoking lounge or tobacco shop may be located within 500 feet of another smoking lounge or tobacco shop, nor any park, arcade, preschool, private or public K through2 school, designated route to schools, or daycare facilities as measured from property line to property line. Um, the project does meet all of the separate separation requirements except for one. Uh there is an existing tobacco shop retailer located on the north side of Kern Street cross street

that has an active business license with the city of Taft and an active state license to sell tobacco products. Um so as a result the tobacco sales um the proposed tobacco sales don't meet this requirement. Um however since a cup is a discretionary permit the planning commission may consider CUP request where strict application of the separation standard does not serve the intent of the code. uh provided that the proposed use can still operate in a manner that avoids you know adverse impacts to surrounding properties and remain compatible with the zone district. Um regardless to ensure compatibility and minimize visibility of tobacco related activities, staff does re recommend conditioning um the project to prohibit exterior advertising of tobacco products with this condition and um others in the staff report. Staff does um find that the proposed accessory tobacco sales can be operated in a safe, orderly and compliant manner. The code does also require that the um business owner have an active state of California Board of Equalization license allowing them to sell cigarettes and tobacco products to the public to the public. Um the project does comply with this requirement. They do have that license. um and operational requirements. They have to um display their license uh by the state um in a conspicuous place in the store. Um and no tobacco products shall be accessible to tobacco shop patrons. Um shop owners and employees are the ones responsible for control of selling all available tobacco products. Um as well as uh they also have to be in compliance with all standards of the state code. Um and they are prohibited from displaying, providing or selling items that would be considered drug paraphernalia.

Um landscaping. The downtown specific plan does talk about um edges um which is this area along Kern Street. um edges have to provide a unifying and three- tiered system uh formal and mature trees. We have conditioned the project to install landscaping along the project frontages. Right now there are um what do you call it? turf uh sort of turf landscaping areas, but we have conditioned the project to provide um to get approved landscape plans and um to install that landscaping. Um and additionally because it is a discretionary permit um the project has been conditioned to paint the building and to maintain and upkeep upkeep the facade in graffiti-free, weed-free, safe, clean and orderly manner at all times. Um although it is not required by the municipal code, we staff does feel that this is important um for the sort of the beautifification of the neighborhood and to keep it consistent with um uh the downtown specific plan. Um there's no signage proposed as part of this cup. Um however, all future signs uh are required to obtain a sign permit with the planning and building departments. We do find that the um the project is consistent with the general plan. Um certain general plan policies as outlined in the staff report, downtown specific plan policies again outlined in the staff report and um staff has been able to make the findings that for approval of a conditional use permit. Um and of course the project is exempt from SQA through an existing facilities exemption. And that concludes my presentation.

Okay. Thank you. Um, do we have a project applicant here that wants to speak to us?

Please identify yourself. Yep. How you guys doing? Zach Brown. Uh, just uh wanted to answer any questions you guys had um on any of the landscaping uh the conditional use permit for tobacco and also painting the building as well. Great. Uh when do you expect to open? What are you looking at? Uh we're looking at uh this Friday. Um depending on product, we have our last bits of product coming in tomorrow. Um or it'll be Monday. So and and like to meet introduce your neighbor, the miniature golf guy. Yeah. All right. No, hoping you guys can work together. Is that Yeah. No. Yeah, that that'd be great. You know, I feel like it'd be good for both of us and, you know, get some folks over there and when they're hungry and, you know, want to grab something, they come next door. So sweet. Absolutely.

That's one of the things I was going to ask about. It looks like you got some equipment in there. Are you going to have like warm food? Yes, sir. Yeah. Yeah. So, so what we plan on doing, um, we're going to be doing, you know, your your pizza, your nachos, your rollers. Um, in the in the future, we're going to get some, uh, different equipment for for different things. You know, the typical things a lot of, you know, folks don't have, you know, throughout town to kind of, you know, spruce it up. So, Yep. I'm assuming we got proper ventilation and all that for Yes, sir. Absolutely. Uh, anybody else have any questions? Do you have any uh prospects for adding on to the existing buildings or is that sufficient size for for your needs?

Yeah. Yeah. As of right now, it is um, you know, the future. You never know. And, you know, we we we definitely plan to, you know, if if we need to be able to expand out and be able to do certain things. Absolutely. How late will you be staying open? Uh, it'll be 11 p.m. A lot of places close early, so they do. They do. Absolutely. Okay, perfect. Any other questions, folks? Thank you. Thank you guys. Appreciate it. Thank you.

Okay, we're going to open up the public hearing. Is there anybody present who would like to speak to the uh item on this agenda, this item? Okay, there's not, we'll close the public hearing. Okay, I'm open to somebody making a motion. Like to make a motion. My I have a question for the planning for Luke. Director. Yes, for Luke, sir. So, do we have an ordinance in the city that really uh kind of limits where a tobacco shop can be from another tobacco shop? Correct. Correct. Yeah. So, um the 500 ft.

Yeah. So um section 6-12-30 um subsection D.2 that limits um it it limits distance requirements. So, um 500 ft is typically the um as the distance that you have to be away from another tobacco shop or you know or parks, arcades, preschools, any places that um uh and we are putting this one right next to Minro Golf Park

and and to fence he's been working how long you been working on this product project, Zach? uh almost five years now. Okay. The amount of money that he's put into this building uh multiple inspections, multiple K county alone give you guys a rather abusive time. So sadly that was prior to the ministry golf being a consideration. Gotcha. No, I understand. Okay. Yeah. I my assumption is by reading the the section you're talking about that it doesn't specifically address the miniature golf course. Correct.

Which would closest thing would be an arcade and it's simply not an arcade. So that's the reason you're okay with the um the distance requirement. Yep. Okay. Any other questions? No, you got me thinking, but you'd have to be of age to buy tobacco anyways, right? Well, and that outdoor outdoor administr does have good ventil good ventilation.

Okay. Um I'm going to say now that we'll accept any motion. I'll make a motion to adopt resolution entitled um a resolution of the planning commission of the city of Taft approving conditional permit use number 2025-15 with conditions to conduct accessory tobacco sales located at 431 Kern Street within the downtown transition mixed use zone district on the south side of Kern Street east of Fifth Street. APN's 031-090-9 and04 and find the project is exempt from the requirements of the California Environmental Quality Act as set forth by section 15301 of the SQA guidelines existing facilities.

Do I have a second? I second it. Okay, we'll need a roll call. Commissioner Den, yes. Vice Chairman Schsz, yes. Commissioner McDaniel, yes. Commissioner Black, yes. Chairman Livingston, yes. Thank you. Okay, let me get back to my agenda.

Oh, yes, that was a 50 approval. I was waiting right there. Yeah, I'm having a good good day over here, aren't I? Okay. Well, we're moving on to agenda item number five. We don't have any citizen comments that I see for item four. So, we'll move on to item five, which is the minutes. We'll need a motion in a second for approval. Motion. I'll second it. Okay. We have our roll call, please. Commissioner Davin, yes. Vice Chairman Schz, yes. Commissioner McDaniel. Yes. Commissioner Black. Yes. Chairman Livingston. Yes. Thank you.

Okay. Uh, next on the item agenda is our planning director report. Luke, have you got anything else that you need to uh share with us? I have nothing. Thank you. Okay. City attorney statements. Thank you. No statement this evening.

Uh, any commissioner comments? Uh, I would just like to commend our uh, city, city of Taft, the workers and um, and everybody for the the work in the downtown area. It looks beautiful for the Christmas season and all that. And I would just like to say I'm looking forward to um, the parade on Monday and of course uh, all the Polar Express and all the festivities and things that go with the season and um, you know, in all that we're doing. Uh let's keep our families close and and and have a great time together in this season. Okay. Any other comments?

Yeah. Um so the uh Christmas tree lighting is actually on Sunday. So if you like to join us on uh downtown, I'll I'll be down there representing and uh I'd like everybody else to join us, please come down. Uh the parade's on the 8th, which is a Monday. So uh we've been talking about that. It's going to be a lot of fun. So please come down and see that. And uh yeah, merry Christmas. Okay. Um our next item on our agenda is the ident identification of representative to the city council. Um like to nominate you, right? Well, the the goal here is to get everybody else to do it. I've been informed that

you all should have a equal opportunity to make a presentation. So um you have already I get that. So is there anybody not it going to volunteer? When is that? It's uh it will be a week from yesterday. No, two weeks from yesterday the 16th. Tuesday the 16th. I'll do that. I'll do it. Okay. Y we have our volunteer. In that case I just need a motion to adjurnn. Motion second. All those in favor I I Thank you. Thank you. 50 again. Huh. Wow.