REGULAR MEETING MINUTES ARVIN PLANNING COMMISSION FEBRUARY 20, 2024  CALL TO ORDER @ 6:00PM PLEDGE OF ALLEGIANCE  ROLL CALL: PC Prado absent; All others present. 1. Approval of Agenda As To Form. Motion to approve the Agenda. Motion PC Carmona 2. PUBLIC COMMENTS  Second PC Leon  Vote 4-0  This portion of the agenda is reserved for persons wishing to address the Planning Commission. At regularly scheduled meetings, members of the public may address the Planning Commission on any matter that is not listed for review on the agenda. At special or emergency meetings, members of the public may only address the Planning Commission on matters that are listed for review on the agenda. Individuals must give their name and limit their comments to two minutes or four minutes if interpretation is needed. Issues raised during Public Comments are informational only and the Planning Commission cannot take action at this time. All comments shall be directed towards the  Chairperson and not to individual Commissioners or staff.  NONE  3. CONSENT AGENDA ITEM(S)  A. Approval of the Minutes of the Regular Meeting of October 17, 2023.  Staff recommends approval of the Minutes of the Regular Meeting of October 17,  2023.  Motion to approve the Minutes of the Regular Meeting of October 17, 2023.  Motion PC Gonzalez  Second PC Leon  Vote 4-0  4. PUBLIC HEARING ITEM(S)  A. AI Public Hearing to Consider Approval of:  1) A Resolution of the Planning Commission of the City of Arvin Recommending the City Council Find that WC Arvin L.P., APN 189-353-03 (10.67 Acres), is Compliant with the Terms of the Agreement between WC Arvin LP and City of Arvin and Amend Uncodified Ordinance No. 446 - An Uncodified Ordinance of the City Council of the City of Arvin for A Third Amendment to the Development Agreement with Westminster Capital, Inc. Dated May 15, 2018, Development Agreement No. 2018-12 Between the City of Arvin and Westminster Capital Inc. Recorded October 3, 2018 - Document Number 218143949 Kern County Official Records by the Removal of APN 189-353-01  (8.53 Acres); and  Resolution No. APC 2024-01 Arvin) Planning Commission Mtg Minutes 02/20/24  Pagelof6    2) A Resolution of the Planning Commission of the City of Arvin Recommending the City Council Find that the Arvin Shopping Center LLC, A California Limited Liability Company Purchased APN 189-353-01 (8.53 Acres) on March 8, 2021, Is Noncompliant with the Terms of the Development Agreement and Terminates All Rights, Interests and Obligations as Established By Uncodified Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for A Third Amendment to the Development Agreement with Westminster Capital, Inc. Dated May 15, 2018, Development Agreement 2018-12 Between the City of Arvin and Westminster Capital Inc. Recorded October 3, 2018 - Document Number 218143949 Kern County Official  Records, as Amended.  Resolution No. APC 2024-02  Staff recommends to open the hearing, allow for public testimony, close the  hearing, and approve the two (2) Resolutions.  Hearing opened. No public testimony received. Hearing closed. Motion to approve:  1) The Resolution of the Planning Commission of the City of Arvin Recommending the City Council Find that WC Arvin L.P., APN 189-353-03 (10.67 Acres), is Compliant with the Terms of the Agreement between WC Arvin LP and City of Arvin and Amend Uncodified Ordinance No. 446- An Uncodified Ordinance of the City Council of the City of Arvin for A Third Amendment to the Development Agreement with' Westminster Capital, Inc. Dated May 15, 2018, Development Agreement No. 2018-12 Between the City of Arvin and Westminster Capital Inc. Recorded October 3, 2018 - Document Number 218143949 Kern County Official Records by the  Removal of APN 189-353-01 (8.53 Acres)  Motion PC Carmona Resolution No. APC 2024-01 Motion to approve:  Second PC Leon  Vote 4-0  2) The Resolution of the Planning Commission of the City of Arvin Recommending the City Council Find that the Arvin Shopping Center LLC, A California Limited Liability Company Purchased APN 189-353-01 (8.53 Acres) on March 8, 2021, Is Noncompliant with the Terms of the Development Agreement and Terminates All Rights, Interests and Obligations as Established By Uncodified Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for A Third Amendment to the Development Agreement with Westminster Capital, Inc. Dated May 15, 2018, Development Agreement 2018-12 Between the City of Arvin and Westminster Capital Inc. Recorded October 3, 2018 - Document Number  218143949 Kern County Official Records, as Amended.  Motion PC Gonzalez Resolution No., APC2024-02 Arvin] Planning Commission Mtg Minutes 02/20/24  Second PC Carmona  Vote 4-0  Page2of6    B.A Public Hearing to Consider Approval of A Resolution of the Planning Commission of the City of Arvin Recommending that the City Council Adopt the Proposed Code Amendment to Title 16 Subdivisions, Amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map = Expiration and Extension; Section 16.04.095 Tentative Parcel Map = Expiration and Extension; Adding Chapter 16.06 Urban Lot Splits; and Acknowledge that the Code Amendment is Statutorily Exempt from the California Environmental Quality Act (CEQA). Staff recommends to open the hearing, allow for public testimony, close the  hearing, and approve the Resolution.  Hearing opened. No public testimony received. Hearing closed. Motion to approve the Resolution. Motion PC Leon Resolution No. APC 2024-03  Second PC Carmona  Vote 4-0  C.A Public Hearing to Consider Approval of A Resolution of the Planning Commission of the City of Arvin Recommending the City Council Adopt An Ordinance of the City Council of the City of Arvin Adopting ZCA 2023-05 - Title 17 Zoning Adding and Amending Various Chapters and Sections That: Updates Chapter 17.02 Title and Definitions Adding New Definitions and Deleting Outdated Definitions; Amends Chapter 17.06 Zones and Zoning Map by Amending the R-1 Zone Title; Amends Chapter 17.08 R-1 Zone Adding Two- Dwelling Unit Development for Single Family Zoned Properties and Various Miscellaneous Amendments; Amends Chapter 17.50 Miscellaneous Regulations by Adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as Deleting Outdated Requirements and Acknowledge that the Code Amendment is Statutorily Exempt from the California Staff recommends to open the hearing, allow for public testimony, close the  Environmental Quality Act (CEQA). hearing, and approve the Resolution.  Hearing opened. No public testimony received. Hearing closed. Motion to approve the Resolution. Motion PC Carmona Resolution No. APC 2024-04  Second PC Leon Vote 4-0  Arvin Planning Commission Mtg Minutes 02/20/24  Page3of6    D. AF Public Hearing to Consider Approval of:  1. A Resolution of the Planning Commission of the City of Arvin Approving Termination of Resolution No. APC 2018-18, Dated December 11, 2018, A Resolution of the Planning Commission of the City of Arvin Approving A Conditional Use Permit For Type 3B Cultivation, Type 11 Distribution, and Type 9 Non-Store Front Delivery and Site Development Plan/Permit (CUP 2018-1005S/SDP No. 2018-100SR) for Commercial Cannabis Operations  Located at 100 Sycamore Road, Arvin, California; and  Resolution No. APC 2024-05  2. A Resolution of the Planning Commission of the City of Arvin Approving Site Development Permit SDP2024-100WSR) APN 192-231-08 (2.03 Acres) Meeting the Requirements of Chapter 17.05 Uses Permitted Subject to Administrative Approval and Chapter 17.60 Site Development Permits for  Future Uses Permitted in the M-2 Industrial Zone District; and  Resolution No. APC 2024-06  3. A Resolution of the Planning Commission of the City of Arvin Recommending the City Council Adopt an Uncodified Ordinance Accepting the Mutual Termination Agreement of Uncodified Ordinance No. 2019-455 Dated February 12, 2019, and Accepting the Mutual Termination of Agreement for Agreement No. 2019-05 (Development Agreement) Between the City of Arvin and Aaron Coppelson, MD, Inc., A California Corporation, Recorded June 14,  2019 - DOC #219069900 Kern County Official Records.  Resolution No. APC 2024-07  Staff recommends to open the hearing, allow for public testimony, close the  hearing, and approve the three (3) Resolutions.  Hearing opened. No public testimony received. Hearing closed. Motion to approve:  1. A Resolution of the Planning Commission of the City of Arvin Approving Termination of Resolution No. APC 2018-18, Dated December 11, 2018, A Resolution of the Planning Commission of the City of Arvin Approving A Conditional Use Permit For Type 3B Cultivation, Type 11 Distribution, and Type 9 Non-Store Front Delivery and Site Development Plan/Permit (CUP 2018-10055/SDP No. 2018-100SR) for Commercial Cannabis Operations Located at 100 Sycamore Road, Arvin, California;  and  Motion PC Gonzalez Resolution No. APC2024-05  Second PC Leon  Vote 4-0  Arvin Planning Commission Mtg Minutes 02/20/24  Page 40 of6    Motion to approve:  2. AF Resolution of the Planning Commission of the City of Arvin Approving Site Development Permit SDP2024-100WSR) APN 192-231-08 (2.03 Acres) Meeting the Requirements of Chapter 17.05 Uses Permitted Subject to Administrative Approval and Chapter 17.60 Site Development Permits for Future Uses Permitted in the M-2 Industrial Zone District;  and  Motion PC Carmona Resolution No. APC 2024-06 Motion to approve:  Second PC Leon  Vote 4-0  3. A Resolution of the Planning Commission of the City of Arvin Recommending the City Council Adopt an Uncodified Ordinance Accepting the Mutual Termination Agreement of Uncodified Ordinance No. 2019-455 Dated February 12, 2019, and Accepting the Mutual Termination of Agreement for Agreement No. 2019-05 (Development Agreement) Between the City of Arvin and Aaron Coppelson, MD, Inc., A California Corporation, Recorded June 14,  2019-D DOC #219069900 Kern County Official Records.  Motion PC Leon Resolution No. APC 2024-07  Second PC Gonzalez  Vote 4-0  E.AF Public Hearing to Consider Approval of A Resolution of the Planning Commission of the City of Arvin Approving Revocation, Due to Non- mplementation, of Conditions of Approval Relating to Commercial Cannabis Activities Established by Conditional Use Permit CUP2020.3005ycamore and Site Development Permit SDP2020.3005ycamore for Cannabis Operations Types; Micro-Business Type 12, Type 3B Cultivation Mixed-Light Medium; Type 6N Manufacturer-1; Type 7 Manufacturer-2; Type 11 Distributor; and (1) Type 8 Testing Laboratory; Type 9 Non-Storefront Retailer (Delivery Only); and Type 10 Staff recommends the Planning Commission open the hearing, allow for public  Retailer (Delivery Only).  testimony, close the hearing, and approve the Resolution.  Hearing opened. No public testimony received. Hearing closed. Motion to approve the Resolution. Motion PC Carmona Resolution No. APC2024-08  Second PC Leon Vote 4-0  Arvinl Planning Commission Mtg Minutes 02/20/24  Page5of6    F.A Public Hearing to Consider Approval of A Resolution of the Planning Commission of the City of Arvin to Issue A Public Necessity Letter and Grant Conditional Use Permit No. 2024-01 (853 Ber Mountain Blvd., Arvin, California). Staff recommends the Planning Commission open the hearing, allow for public testimony, close the hearing, and consider the Applicants request to approve the  Resolution. Hearing opened. No public testimony received. Hearing closed. Motion to approve the Resolution. Motion PC Leon Resolution No. APC 2024-09  Second PC Gonzalez  Vote 4-0  G.A Public Hearing to Consider Approval of A Resolution of the Planning Commission of the City of Arvin to Issue A Public Necessity Letter and Grant Conditional Use Permit No. 2024-02 (210 Arvin Avenue, Arvin, California). Staff recommends the Planning Commission open the hearing, allow for public testimony, close the hearing, and consider the Applicants request to approve the  Resolution. Hearing opened.  Public Testimony: The Applicant and one (1) member of the public provided comments in favor of approval to issue a Public Necessity Letter and to grant the Conditional Use Permit. The City staff received a letter from four (4) members of  the public in favor of approving this item. Hearing closed. Motion to approve the Resolution. Motion PC Carmona Resolution No. APC 2024-10 5. REPORTS FROM STAFF  Second PC Leon  Vote 4-0  6. PLANNING COMMISSIONER COMMENTS  7. ADJOURNED @ 6:25PM  Respecifuly submittéd, TC M6 Cecilia Vela, Secretary  Arvin Planning Commission Mtg Minutes 02/20/24  Page6of6