Planning Commission - Regular Meeting

Thank you. Thank you.

Good evening everyone, it is 530 I'm going to call the meeting for the city of Tulare planning commission for Tuesday, September 8 to order. First item of business on our agenda is the reading of some information. The Regular Planning Commission meetings are held on the second and fourth Tuesdays of the month in the Council Chamber located in the Tulare Public Library at 491 North M Street, Tulare, subject to cancellation. Additional meetings of the Planning Commission may be called as needed. Members of the public may address the Planning Commission on matters within the jurisdiction of the City of Tulare. A person desiring to address the Planning Commission is encouraged to complete a public comment card and provide to the Commission clerk to the start of the meeting. Comments are limited to three minutes per speaker unless extended by the Commission. Okay, thank you very much. Our 1st, order of business on our agenda is the pledge of allegiance. Please join vice chair. Lemus in saluting our flag.

Ready salute. I pledge allegiance to the flag of the United States of America. And to the Republic for which it stands 1 nation under God. Indivisible with liberty and justice for our world.

The next item on our agenda is public comment. Members of the public wishing to comment on any item that is not appearing on the agenda may address the Planning Commission at this time. State law prevents Commission from acting on any matter not on the agenda. However, your comments may be referred to staff for follow-up. This is also the time for the public comment on items listed under the consent calendar or to request an item be removed from the consent calendar for discussion purposes. Comments related to public hearing and general business items will be heard at those times and are discussed. In fairness to all who wish to speak, public comment is limited to a total of 15 minutes. with each speaker allowed three minutes unless otherwise extended by the Commission. Please begin your comments by stating your name and providing your city of residence. I will now open public comment. Is there anyone in the audience that would like to speak to us on something not on the agenda? Yes, sir.

Hello, my name is James Cardoza and I caught a quick smile because there's someone in the room here who taught me, was one of the two teachers who taught me how to write my letters and numbers back a few years ago. um my proposal or what i'd like to speak about is data centers but from a different perspective than what you've been hearing and understanding that the planning commission is would be only an advisory capacity to the city council city council would have final say on what i'm presenting about but but still i think this is where the the roots of the discussion would be better off starting uh what i'd like to call is the prudent data center development and environmental cleanup plan The purpose of this would be, one, to block construction of mega-sized data centers that can cause major harm more than good to our community. Number two, to provide a basic framework for evaluating and approving small and medium-sized data centers that can provide a net benefit to our community with proper design and negative impact mitigation. And number three, provide streamlined approval for micro-sized data centers that can provide a net benefit to our community while simultaneously stimulating investment in the cleanup of local properties that have current or previous environmental cleanup orders in place. My proposal is that the Planning Commission and or Planning Department staff and or Community Development Director submit a proposal to City Council as follows. And this would be a multi-level plan. Level three would be a five-year ban on mega-sized data center projects. That would be data centers with total server room floor greater than one acre. Level two would be conditional use permits for small and medium-sized data center projects. And that would be development of any data center with combined server room floor between 1,000 square feet to one acre would require CUP approved by this board and the city council. I have further text that I could present that I've given one copy to the clerk. Level three, and those projects would not be allowed, obviously, on property zone residential. Level three a would be administrative approval of projects with data center floor a less than a thousand square feet, excluding this last group. And again, that's also not on residential. The last group would be a by right approval. of projects that are less than 1,000 square feet of combined server room floor, plus the property must be currently or within the past five years zoned service commercial or industrial, which then keeps it in already noisy areas. And number three, or C, the property must currently be or previously have been subject to an environmental cleanup order. And the reason for that is when you're trying to clean up contaminated property, your problem is, well, if you want investors to come in, the investors need to know that eventually their money is going to turn into a return and not get stuck in an approval process for 10 or 20 years by giving a buy right approval of these 1,000-foot or less data center floors on contaminated properties, it then gives the investor the incentive to say, you know what, I'll take the risk on this project because I know I'm going to get a good return on my cleanup efforts. So thank you. Thank you very much. And the clerk has a copy.

Thank you. And James, did you tell us your city of residence?

I live in Fresno. Actually, I just moved to Tulare from Fresno. Thank you.

Is there anyone else that would like to address the commission on an item that is not on the agenda? Okay, public comment is closed commissioners. Do you have any reports and items of interest?

I just want to. say that this Friday is the Tulare Rotary 9-11 blood drive and the 25th anniversary of 9-11. And so the fire department will be doing a ceremony at 7 a.m. in front of the Tulare Veterans Memorial Building. And then you can give blood from 6 a.m. to 6 p.m. You'll be fed breakfast, lunch, and dinner no matter when you give. And I know Jocelyn is a part of Rotary as well. So but I encourage you, it's the 25th anniversary. So we would like to see this blood drive be the largest in Tulare County. It already is, but we would like to see it bigger than what it has been. And then the second thing I want to say is the quilts for patriots. We used to call it Quilts of Honor will be on opening day of the fair where there I was told today 32 of our veterans will be honored with handmade quilts of honor made by our Valley Oak quilters. So if you are available to come, it'll be right by the commercial building where that little stage is over there. So I encourage you to come and participate in two great events happening in our city.

Thank you. Anyone else?

yeah i do um first i want to say that i went to the uh um avanza tulare marketplace concert on thursday and it was a lot of fun it was really packed and a lot of good food saw friends there said hello mario he was stamping cards and it was really a good time i really enjoyed it the 3 and a half hours or so that it went by really quick. So, and the other thing is, I'm, um, I'm, uh, starting leadership to Larry on on Thursday. And so, um. Beginning that I'm happy, you know, it's. Proud, I guess, to say that, uh, I will be part of that program and look forward to learning a lot of stuff about.

Thank you anyone else.

Sandy, can I just, Mario, can I ask, can I just let, since Mr. Cardozo was talking about the data centers, city council is going to be doing a study session on that just for informational for you. I don't know if you were aware of that. Is it the next meeting?

Um, no, not the next meeting, but we are preparing to bring back a policy. We're gonna have a workshop with council. Actually. Mr. Cardozo's comments are timely and welcomed. Thank you for providing a copy because we'll. We're literally kind of compiling information at this point in the information gathering stage, but it will be presented to council in terms of what the appropriate action for the city to take.

Are they doing a study session on it or just come back to regular council?

No, my understanding is we're going to present it to council and then anything that is agreed upon if there's consensus would come back subsequently for approval.

I just thought that would be if you wanted to know when they're good. Go to the city website and see when they're going to be doing that. So.

Yeah, and welcome to Tulare. Anyone else?

And he dated me. He very much dated my age, talking about teaching him numbers and letters. So yeah, thank you for that, sir.

Okay. Next on our item is the consent calendar. I will entertain a motion that we approve the consent calendar as presented if there are no changes.

I move that we approve the consent calendar as is.

I second it's been moved and seconded that we approve the. Consent calendar as presented all those in favor signify by saying, aye aye aye any opposed. The motion is carried. Thank you. Next is public hearings and comments related to public hearing items are listed to are limited to 3 minutes per speaker. For a maximum of 30 minutes per item, unless otherwise extended by the commission. Our 1st, public hearing is to consider a request by works to operate a brewery at an existing facility and approve conditional use permit. number 2026-15 based on the findings and resolution number 5562. And Jonathan, this is your presentation.

Thank you. The item of order is requested by Tulare Airworks to develop a brewery and to obtain an ABC license type 23, a small and bigger manufacturer inside an existing building. The subject property is located at 1058 East Walnut Avenue. The proposed site is zone M1 light industrial and general plan designation is light industrial. Establishing brewery and obtaining MVC license require approval of a conditional use permit. The project will be developed inside an existing commercial structure and will include all necessary equipment for the proposed use. The applicant proposes to brew beer on-site and will sell directly to bars, stores, restaurants, and individual customers for off-site consumption. The proposed use will not operate as a taproom, bar, or restaurant, and there will be no drinking on-site. It will simply operate as a beer manufacturer. The project will operate from Thursday to Sunday from the hours from 3 PM to 9 PM. The project is exam pursuant to section 15301 existing facilities of the California Environmental Quality Act. In conclusion, staff recommends approval of conditional use permit application number 2026-15 subject to the recommended conditions of approval provided in your staff report. Basis for recommendation include consistency of the general plan, consistency of the zoning ordinance, exemption from CEQA, and the project will not have a significant effect on surrounding properties or on the environment. This concludes my presentation. Staff is available to answer any further questions.

Thank you. I'm going to open the public hearing. This is the time for people to speak in favor of the project. Is there anyone here that would like to speak in favor of this project? If so, come forward. We need your name and your city of residence. Okay, seeing none. Is there anyone that would like to speak against the project? we would need again your name and your city of residence. Seeing none, I'm going to close the public hearing. Commissioners, your thoughts?

Is the applicant here today? I'd like a little more information from you if possible.

Brian Boyette. Wait a minute. There you go. Turn it on.

There you go. There we go. My name is Brian Boyette. I am the co-owner and brewer for Tulareo Works. I have lived here in Tulare for just under 10 years now. And I'd like to bring something here that not only has Mr. Hildebrand built a successful brewery, but I'd also like to be a part of the brewery district, if you will. It's just a passion of mine. It's not a full-time job, but it is a full-time passion. And this is where I plan to raise my kids for the next 18 plus years. And just really looking forward to meeting more people in the community.

Are you the second brewery in that area?

We are. Kenny Hildebrand has Cahuilla Brewing Company. It's been there for just shy of 14 years. And I am a former employee of Cahuilla Brewing Company.

Now, besides selling beer, do you plan on going to events and stuff and having booths?

Absolutely. I'm currently very involved in the TC Hops, the Tulare County Home Brewers Association Club. And I've been with them for about four and a half, five years. And we go to a lot of events around Tulare County.

And the city of Tulare to help out, do you have any interest in having onsite drinking in the future in the future?

Yeah, we would like to have a tap room, but that is. Very expensive and we need to make sure that this. Can sustain profitability and everything before we. Take the next step.

Thank you.

Thank you.

Anyone else.

And what is the name again of it? That's right.

Anyone else have any questions?

Sorry. Why don't you have a sign for your business or is there one? Because I drove by the other day to look for your place and I just saw, from what I remember, the two umbrellas. Is that where your brewery is? Okay. And so where's yours in comparison?

Do you want to come to the microphone, please?

Sorry. So where's your store, your shop at comparison?

Okay. Okay. Okay. Yeah. One of the reasons why we don't have signage up So if we have a homeless break, we can go to turn the mic on.

We don't want to draw any more attention to that location as far as unwanted attention. Just a simple fact. There's a lot of money in there and I'd like to keep it. Okay.

Okay.

Thank you. Anyone else?

Okay, I'll entertain a motion. I move that we adopt conditional use permit number 2026-15, resolution number 5562. I'll second.

It has been moved and seconded that we approve conditional use permit application number 2026-15 and resolution number 5562. Is there any further discussion? All those in favor, oops, sorry. Maria.

Commissioner Miguel.

Aye.

Commissioner Cantu.

Aye.

Commissioner Hennard. Aye. Vice Chair Lemas.

Aye.

Chair Miller.

Aye. Congratulations. The motion is carried. All right. Next on our agenda. is conditional use permit number 2026-14. And it is to consider a request by Jose Victor Ortiz to operate a mobile vending food truck and approve conditional use permit number 2026-14 based on the findings and resolution number 5561. And Derek, this is your presentation.

The item for you is a request by Jose Victor Ortiz to renew and operate a stationary mobile vending vehicle on the property located at 1414 West Tulare Ave. The proposed site is zoned M1 light industrial and the general plan designation is light industrial and the use requires a conditional use permit. The business will operate from 7 a.m. to 11 p.m., Monday through Sunday. The vending operation contains a refrigerator, cooking appliances, food preparation areas, and access to restrooms. This project is category exempt from section, pursuant to section 15304E of the California Environmental Quality Act. In conclusion, staff recommends approval of conditional use permit application number 2026-14 subject to the recommended conditions of approval provided in your staff report. This concludes my presentation. Staff is available to answer any further questions.

Thank you. I'll open the public hearing. Is there anyone in the audience that would like to speak in favor of this project? Seeing none, is there anyone in the audience that would like to speak against this project? Seeing none, I'm going to close the public hearing. Commissioners, your thoughts.

Is this an existing food truck doing a renewal?

Yeah, it's a renewal.

Have we had any complaints at all about that location? The Torrey Police Department?

No.

Okay.

I know I've been by and it's always very clean and seems to be well kept out in that space. I've never seen any issues with the truck being in that location at all.

Excuse me, was that the truck located on the east side of the building? at one time. Now it's being, or is it a different truck?

We, a long time ago, there was a vendor stand on the eastern side of that property. But yeah, the station mobile food vendor truck, this one and the one prior were always kind of on the west side of, up against the western.

Thank you.

Anyone else? Okay, I'll entertain a motion.

I will move that we approve conditional use permit number 2026 dash 14 based on the findings and subject to recommending conditions and resolution number 5561.

I'll second it has been moved and seconded that we approve conditional use permit application number 202614. subject to the findings and conditions in resolution number 5561. Maria, will you post it? Yes.

Thank you. Vice Chair Lemus? Aye. Commissioner Hennard?

Aye.

Commissioner McGill? Aye. Commissioner Cantu? Aye. Chair Miller?

Aye. The motion passes. Okay. Next on our agenda is general business and we have none tonight is that correct. And now step updates Mario.

Yes, good evening Chair Miller, Planning Commission. Looks like we have a couple of items already for the next meeting's agenda. So that's September 22nd. So just a heads up for your calendars. It looks like we will have that meeting. And other than that, staff's working on a number of applications. Thank you for your attendance and your participation this evening.

thank you is there anything else to come in front of the commission I noticed uh well now that the shelter's open that the camp that existed is pretty much gone and clean which I really really appreciate still some people lingering around the story streets hopefully they will go away since they now have a place for the law-abiding people who want help

Karen Hollweg, Okay anyone else. Karen Hollweg, All right, the meeting is adjourned.