MCFARLAND CITY COUNCIL
McFarland Successor Agency, McFarland Public Finance Authority, McFarland Improvement Authority, McFarland Parking Authority Special Meeting Notice and Agenda
Council Chambers
103 W. Sherwood Ave, Mcfarland, CA
Website: https://www.mcfarlandcity.org/
Friday, September 25, 2026
3:30 PM
SAUL AYON, Mayor
RICARDO CANO, Vice Mayor
MARTIN GUTIERREZ, Council Member
ANITA GONZALEZ, Council Member
MARÍA T. PÉREZ , Council Member
VIEW THE MEETING RECORDINGS ONLINE at www.mcfarlandcity.org/AgendaCenterRecordings will be available approximately one week following the meeting.
HOW TO SUBMIT PUBLIC COMMENTS: The meetings of the City Council and all municipal entities, commissions, and boards (“the City”) are open to the public. At regularly scheduled meetings, members of the public may address the city on any item listed on the agenda, or on any non-listed matter over which the city has jurisdiction. At special or emergency meetings, members of the public may only address the city on items listed on the agenda. There is a time limitation of two minutes per person. For any item that is not on the agenda and within the jurisdiction or interest of the city, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the mayor opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staff, and the media.
Willful disruption of the meeting shall not be permitted. If the Mayor finds that there is in fact willful disruption of any City Council Meeting, he/she may order the disrupting parties out of the room and subsequently conduct the City’s business without them present.
PUBLIC ACCOMMODATIONS: The City of McFarland does not discriminate based on disability and complies with the provisions of the Americans with Disabilities Act (ADA). If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (661) 792-3091 at least 48 hours prior to the meeting to make reasonable arrangements to ensure accessibility to this meeting.
INTERPRETATION: If you need an interpretation of your communications to the City Council into English, please contact the City Clerk Department at 661-792-3091 ext. 2135 at least 48 hours prior to the meeting.
CALL TO ORDER: Mayor Saul Ayon
ROLL CALL:
Mayor/Chair, Saul Ayon
Vice Mayor/Vice-Chair, Ricardo Cano
Council Member/Board Member, Martin Gutierrez
Council Member/Board Member, Anita Gonzalez
Council Member/Board Member, María T. Pérez
INVOCATION:
PLEDGE OF ALLEGIANCE:
APPROVE AGENDA AS TO FORM
PUBLIC COMMENT: a. Non-Agenda Item Public Statements (20 minutes total) Members of the public wishing to address the City Council on matters within the subject matter jurisdiction of the City that are not listed on the agenda may do so at this time. Speakers are limited to two (2) minutes per person. A total of twenty (20) minutes is allocated for Non-Agenda Public Comments, divided equally between remote participation statements (10 minutes) and in-person participation statements (10 minutes). b. Agenda Item Public Statements (20 minutes total) Members of the public shall be provided an opportunity to directly address the City Council regarding any agenda item before or during the Council’s consideration of that item. Speakers are limited to two (2) minutes per person. A total of ten (20) minutes is allocated for Agenda Item Public Comments, divided equally between remote participation statements (10 minutes) and in-person participation statements (10 minutes), unless otherwise adjusted by the presiding officer.
COUNCIL COMMENTS
ADMINISTRATIVE AGENDA
1. Approval of Resolution 2026-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING TEMPORARY USE PERMIT 2026-0001 FOR OFF THE CHARTS ANNIVERSARY EVENT AT 981 FRONTAGE ROAD, MCFARLAND COUNCIL STATEMENTS AND REPORTS:
On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. In addition, Council Members may ask a question of staff or the public for clarification on any matter, provide a reference to staff or other resources for information. Alternatively, request staff to report to the City Council at a later meeting concerning any matter. Furthermore, the City Council, or any member thereof, may take action to direct staff to place a matter of business on a future agenda.
ADJOURNMENT
This is to certify this agenda was posted at McFarland City Hall on September 24, 2026.
Erika De La Cruz, City Clerk
Diego Viramontes, City Manager
Next Meeting: Regular City Council October 14, 2026.
The City of McFarland does not discriminate based on disability and complies with the provisions of the Americans with Disabilities Act (ADA). If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (661) 792-3091 at least 48 hours prior to the meeting to make reasonable arrangements to ensure accessibility to this meeting. Special meeting needs hour change
All agenda item and/or supporting documentation is available for public review on the city website at www.mcfarlandcity.org and the office of the City Clerk of the City of McFarland, at 401 W, Kern Ave.
McFarland, CA 93250 during regular business hours of 8:00 am – 5:00 pm Monday through Friday, following the posting of the agenda. Any supporting documentation related to an agenda item for an open session of any regular meeting that is distributed after the agenda is posted and prior to the meeting will also be available for review at the same location and available at the meeting.
City of McFarland
City Council Meeting
STAFF REPORT
Agenda Item No. 1.
Section: ADMINISTRATIVE
AGENDA
Meeting Date: September 25,
2026
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Brianahi De Leon, Senior City Planner
SUBJECT: Approval of Resolution No. 2026-106 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF MCFARLAND, CALIFORNIA APPROVING
TEMPORARY USE PERMIT 2026-0001 FOR OFF THE CHARTS
ANNIVERSARY EVENT AT 981 FRONTAGE ROAD, MCFARLAND
SUMMARY:
The Temporary Use Permit 2026-0001 request is to allow for a proposed Anniversary Event at the 981 Frontage Road location of Off The Charts. The property at 981 Frontage Road is currently used as a Commercial cannabis storefront and is zoned C-2. The Assessor’s Parcel number (APN) for the commercial site is 201-031-03 and is located West of Frontage Road, North of Hail Lane, and East of 3rd Street. Refer to Exhibit B for the site plan produced by the applicant for the event.
The proposed Off The Charts Anniversary Event will take place on October 2, 2026, with the hours of operation to be between 6AM and 10PM. The event will consist of a DJ playing music from 12PM to 8PM along with Brand Ambassadors promoting the brand. A letter was obtained from the property owner, giving Off The Charts permission to host an Anniversary event on their property. Per review of the event, City Staff determined that the event would require a Temporary Use Permit, as the event is proposed to gather 200-500 attendees in total. The applicant is forecasting 20-50 attendees at a time. The applicant is also requesting permission to use City’s property (APN: 201-031-04) as a parking lot for the event.
City Staff compiled a list of Conditions of Approval that are based on adopted City plans and policies to mitigate adverse effects on the environment, including health, safety, and welfare of the community. These Conditions can be found in Exhibit D.
FINANCIAL IMPACT:
No fiscal impact, applicant will pay all costs associated with TUP.
RECOMMENDATION:
City Council approve Resolution No. 2026-106.
ATTACHMENTS:
1. Exhibit A: Site Map
2. Exhibit B: Event Map
3. Exhibit C: Narrative
4. Exhibit D: Conditions of Approval
RESOLUTION NO. 2026-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND, CALIFORNIA APPROVING TEMPORARY USE PERMIT 2026-0001 FOR OFF THE CHARTS ANNIVERSARY EVENT AT 981 FRONTAGE ROAD, MCFARLAND
WHEREAS, Off The Charts, OTC, has filed an application for Temporary Use Permit to operate a proposed Anniversary Event; and
WHEREAS, the project location is generally located West of Frontage Road, North of Hail Lane, and East of 3rd Street and West of hwy-99 referenced in Exhibit A; and WHEREAS, the event shall be held on Friday, October 2, 2026, from 6AM to 10PM; and WHEREAS, the project site is located on Assessor’s Parcel Number 201-031-03; and WHEREAS, the applicant is also requesting permission from the City of McFarland to use the City of McFarland’s vacant lot at Assessor’s Parcel Number 201-031-04 as parking for their event as they plan to have food trucks parked on their parking area; and WHEREAS, it has been determined that Temporary Use Permit 2026-0001 is exempt from the California Environmental Quality Act (CEQA) per Section 15304(e) the Minor Alterations to the Land; and
WHEREAS, the City Council, through its clerk, did set Friday, September 25, 2026 at the hour of 3:30PM. in the Council Chambers located at 103 W. Sherwood Ave, McFarland California as the time and place for approval of Resolution No. 2026-106 and Temporary Use Permit 2026-0001; and WHEREAS, the City Council considered all written and oral testimony on Temporary Use permit 2026-0001.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:
1. The foregoing recitals are true and correct.
2. The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304(e) the Minor Alterations to the Land. a. The Temporary Use Permit granted shall be subject to conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the zone in which the subject property is located.
b. The granting of the Temporary Use Permit will not be detrimental to the public health, safety, convenience, and welfare or injurious to property improvements in the vicinity where the property is located.
c. The Temporary Use Permit does not allow a use or activity which is not expressly authorized by the regulations governing the subject parcel. The proposed event is allowed if granted along with a business license, Temporary Use Permit, and any other conditions applied by the City of McFarland.
3. Temporary Use Permit 2026-0001 is consistent with the goals and policies of the City of McFarland General Plan and with the uses, density, and intensity standards of the General Plan land use designation.
4. Temporary Use Permit 2026-0001 is hereby approved, subject to the conditions in EXHIBIT D.
5. Any decision by the city Council shall be final unless within fifteen (15) days of the date of the decision unless the applicant or any other person appeals the City Council decision in the matter set forth in Section 17.148.100(b) of the McFarland Municipal Code.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on September 25, 2026 by the following vote:
Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Anita Gonzalez
María T. Pérez
Martin Gutierrez
CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Erika De La Cruz, City Clerk
I, _________________________, City Clerk of the City of McFarland, California, DO HEREBY CERTIFY that the foregoing resolution is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of McFarland on the date and by the vote indicated herein.
APPROVED AS TO FORM:
_____________________________
Nathan Hodges, City Attorney
EXHIBIT A
Vicinity Aerial Map
Exhibit C
Narrative
The event will take place on October 2nd from 6 AM to 10 PM. The event will be at the 981 Frontage Road parcel and plans to turn the vacant lot to the South as a parking lot.
The parking lot area of 981 Frontage Road will be used as a parking space for Brand Ambassadors. Brand Ambassadors with 10x10 canopies promoting their brand. We are expecting to have approximately 50 customers at a time. We plan on having 15 employees on site. We expect 15-20 visitor cars to be parked on the food vendor lot at a time. A DJ is scheduled to play between 12 PM to 8 PM. A total of 3 guards will be working – two inside the store front and one outside to control traffic.
EXHIBIT D
Conditions of approval
PART A – PROJECT INFORMATION
1. Assessor’s Parcel Number: 201-031-03
2. Job Address: Frontage Road
3. Existing General Plan: Commercial
4. Existing Zoning: C-2
5. Project Description: Operation of an Anniversary Event by Off The Charts Dispensary PART B – CONDITIONS OF APPROVAL
The conditions of approval are based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety and welfare of the community, and recommended conditions for development that are not essential to the health, safety and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.
Conditions of approval may be appealed within fifteen (15) calendar days from the date of the approval. However conditions based on the City of McFarland Municipal Code are mandatory and may be modified by variance, provided findings pursuant to the McFarland Municipal Code Section 17.148 can be made. Should an appeal of a mandatory condition of approval be received, an application for a variance and the associated fee must be submitted for consideration.
GENERAL CONDITIONS AND REQUIREMENTS
1. No uses of land, buildings, or structures other than those specifically approved pursuant to this Temporary Use permit shall be submitted.
2. Applicants must collect property authorization to use the APN’s proposed (201-031- 03 & 201-031-02)
3. Liability insurance with coverage for an event of 200-500 participants must be attained prior to the start of operation.
4. Any proposed changes to the operation of the proposed business shall require review by the City of McFarland City Council.
5. Music shall cease operation at 10 PM.
6. Applicant shall be required to have trash cans throughout the site.
7. The project is currently used for a commercial dispensary and will return to that use.
8. The applicant shall only have event hours from 6AM to 10PM.
9. The applicant shall commence operations no sooner than Friday, October 2, 2026 and shall cease operation at 10 PM on Friday, October 2, 2026.
10. The expected number of attendees in total is 200-500.
11. Any cannabis affiliated prizes, promotional items, or giveaways will require a proof of purchase at the cannabis storefront, entrance into the dispensary, and scan of ID.
12. No animals will participate in the event.
13. No alcohol will be allowed nor sold on the premise.
14. No cannabis products will be allowed to be used on the premise.
15. A public restroom shall be provided to the employees of the event.
16. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.
17. Use shall not create or cause vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances.
18. The proposal does not include any vendors.
19. A list of vendors shall be provided to the City of McFarland and all vendors are required to obtain a business license or pop-up business license prior to being a part of the event.
20. A Temporary Food Facility (TFF) permit with the Kern County Health Department shall be obtained and provided to the City of McFarland prior to the event for all food sold or given away.
21. A Temporary Use Permit is not transferable and expires on October 2, 2026 at 10PM.
22. Parking for the event shall not cause traffic congestion along Frontage Road or Hail Lane.
23. Four (4) security officials at minimum shall be on-site at all times of operation of the event. This shall include a hired Security Company.
24. A security shall stand post at entry, inside the store front, at the frontage area of the event, and another at the parking location.
25. Proof of hired security company/officers is required prior to start of operation.
26. Any land that is utilized for the event shall be cleaned after the event and returned to its condition.
27. Traffic control will be enforced to ensure traffic flow is consistent.