>> GOOD MORNING EVERYONE. [00:00:01] I WOULD LIKE TO CALL TO ORDER AUGUST 21ST MEETING OF MERCED PLANNING COMMISSION. [1. CALL TO ORDER] CAN WE START WITH THE PLEDGE OF ALLEGIANCE. ROLL-CALL OF COMMISSIONERS, PLEASE. [BACKGROUND] >> I APOLOGIZE. >> NO WORRIES. >> COMMISSIONER AGUILERA. >> HERE. >> COMMISSIONER ACHESON. >> HERE. >> COMMISSIONER MOBLEY. >> HERE. >> COMMISSIONER SPYCHER? >> PRESENT. >> COMMISSIONER ERRECA. >> HERE. >> WE HAVE A QUORUM. >> OUTSTANDING. THANK YOU VERY MUCH. [4. APPROVAL OF MINUTES] NOW, WE'LL MOVE ON TO APPROVAL OF THE MINUTES FROM THE JULY 28TH MEETING. >> I MOVE WE APPROVE THE MINUTES. >> SECOND. >> THANK YOU. WE HAVE A MOTION AND A SECOND. I WILL CALL FOR THE VOTE. ALL IN FAVOR? >> AYE. >> CHAIR VOTES. AYE. ALL OPPOSED. PASSES UNANIMOUSLY. NOW WE WILL MOVE ON TO CITIZEN COMMUNICATION. AT THIS POINT, ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK SOMETHING, SPEAK TO AN ISSUE THAT'S NOT ON OUR AGENDA, THIS WOULD BE THE TIME TO DO SO. SEEING NONE. WE'RE GOING TO CLOSE SOME COMMUNICATION AND MOVE ON TO PUBLIC CARRYING [6.I. MINOR SUBDIVISION APPLICATION No. MS20-017 AND MINOR DEVIATION No. MD20-003] MINOR SUBDIVISION APPLICATION NUMBER, MS20-017. >> MORNING CHAIR, COMMISSIONERS, THIS FIRST ITEM, MINOR SUBDIVISION NUMBER, MS20-017, AND MINOR DEVIATION NUMBER MD20-003 FOR THE GOULARTE FAMILY HAS THREE REQUESTS. THE FIRST IS TO DIVIDE A 70.5 ACRE PARCEL INTO THREE PARCELS RESULTING IN PARCEL SIZES OF PARCEL 1, 21.52 ACRES, PARCEL 2, 20.95 ACRES, AND PARCEL 3, 30 ACRES. THE REQUEST ALSO IS TO ALLOW THE HOUSE ON CREATIVE PARCEL NUMBER 1 TO HAVE A 13.7 FOOT SIDE YARD SETBACK IN LIEU WITH THE REQUIRED 15 FOOT SIDE YARD SETBACK AND TO ALLOW AN EXCEPTION TO THE AGRICULTURAL SETBACK REQUIREMENT FOR CREATED PARCELS. THE PROJECT IS LOCATED ON THE SOUTHWEST SIDE OF THE INTERSECTION OF GUN CLUB ROAD AND HUNT ROAD IN AUGUSTINE AREA. IT IS JUST OUTSIDE OF THE CITY PLANNING AREA FOR AUGUSTINE AND THE PROPERTY IS DESIGNATED AGRICULTURAL LAND USE IN THE GENERAL PLAN AND A ZONED A1 GENERAL AGRICULTURAL. THIS IS THE PROPOSED TENTATIVE MAP. AS YOU CAN SEE, PARCEL 1 IS PROPOSED TO BE 21.52 ACRES, PARCEL 2 IN THE MIDDLE IS 20.95 ACRES, AND PARCEL 3 IS 30 ACRES. THIS IS THE DETAIL FROM THE TENTATIVE MAP AND IT SHOWS THE EXISTING STRUCTURES ON PROPOSED PARCEL 1 AND PROPOSED PARCEL 2. LET ME SEE IF I CAN GET A POINTER. THE EXISTING HOUSE ON PARCEL 1 IS PROPOSED TO HAVE A 13.7 FOOT SIDE YARD SETBACK IN LIEU OF THE REQUIRED 15 FOOT SETBACK. THIS IS THE EXISTING MOBILE HORMONE PROPOSED PARCEL 2. THE THIRD REQUEST IS TO ALLOW AN EXCEPTION TO THE AGRICULTURAL SETBACK REQUIREMENT FOR THE CREATIVE PARCELS. OUR CODE REQUIRES THAT WHEN YOU CREATE A PARCEL THAT HAS AN EXISTING DWELLING ON IT, THAT YOU PROVIDE 200 FOOT SETBACK FROM AN ADJACENT PARCEL USED FOR ARG BECAUSE THESE EXISTING STRUCTURES ARE ALREADY CLUSTERED TOGETHER, THIS APPLICANT IS NOT ABLE TO MEET THIS REQUIREMENT. THIS IS A GARAGE AND HAS REQUESTED AN EXCEPTION. STAFF, GIVEN THE LOCATION OF THE EXISTING RESIDENTIAL AND ACCESSORY STRUCTURES ON THESE PARCELS, THERE IS NO SUFFICIENT AREA TO PROVIDE EITHER THE 15 FOOT SIDE YARD SETBACK FROM THE HOUSE ON CREATED PARCEL 1, NOR IS THERE ENOUGH PHYSICAL SEPARATION FROM THE EXISTING STRUCTURES TO PROVIDE THE 200 FOOT AGRICULTURAL SETBACK FROM THE EXISTING HOMES. [00:05:06] THE PROJECT CAN BE FOUND CONSISTENT WITH THE GENERAL PLAN, SPECIFICALLY GOAL AG-2 AND POLICY AG-2.13 OF THE AGRICULTURAL ELEMENT, THAT'S THE PROPOSED PARCELS DO MEET THE MINIMUM OF 20 ACRE PARCEL SIZE. THE PROJECT CAN BE FOUND CONSISTENT WITH GOAL AG-3 AND POLICY AG-3.5 AS THE EXISTING HOMES LOCATED ON THE PROPOSED PARCEL 1 AND PARCEL 2 ARE ESSENTIALLY CLUSTERED. THE PROJECT CAN BE FOUND CONSISTENT WITH THE SUBDIVISION MAP ACT TITLE 17, AND THE ZONING CODE WITH THE APPROVAL OF THE MINOR DEVIATIONS. STAFF'S ANALYSIS IS DETERMINED THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED FOR THE MINOR SUBDIVISION PURSUANT TO SECTION 15162 OF THE CEQA GUIDELINES AND THE MINOR DEVIATION IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15305 OF THE CEQA GUIDELINES. NOTICE THAT THE PUBLIC HEARING WAS MAILED TO PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT SITE AND PUBLISHED IN MERCED SUN-STAR ON AUGUST 13TH. NO COMMENTS WERE RECEIVED PRIOR TO THE PREPARATION OF THE STAFF REPORT. [NOISE] STAFF HAS A FEW RECOMMENDATIONS. FIRST, REGARDING THE CEQA. STAFF IS RECOMMENDING THAT THE PLANNING COMMISSION DETERMINED THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED FOR THE MINOR SUBDIVISION PURSUANT TO SECTION 15162 OF THE CEQA GUIDELINES, BASED ON THE FINDINGS IN THE STAFF REPORT, AND THAT THE PLANNING COMMISSION DETERMINE THE MINOR DEVIATION NUMBER MD20-003 IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15305 OF THE CEQA GUIDELINES. FINALLY, STAFF IS RECOMMENDING THAT THE PLANNING COMMISSION APPROVE MINOR SUBDIVISION NUMBER MS20-017, AND MINOR DEVIATION NUMBER MD20-003, BASED ON THE FINDINGS IN THE STAFF REPORT IN SUBJECT TO THE CONDITIONS OF APPROVAL AND IF YOU HAVE ANY QUESTIONS. >> THANK YOU. AT THIS TIME, WE'LL OPEN UP THE PUBLIC HEARING AND IF ANY MEMBER OF THE PUBLIC WILL LIKE TO COME AND SPEAK ON THIS OR ASK QUESTIONS FOR STAFF, NOW WOULD BE THE APPROPRIATE TIME TO DO SO. SEEING NONE, WE'RE GOING TO CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THIS BODY. DOES ANYONE HAVE QUESTIONS FOR STAFF OR WOULD LIKE TO ENTERTAIN THE MOTION? I SEE QUITE A DETERMINATION. >> [INAUDIBLE] DON'T WANT TO DISSOLVE FOR 0.3 OF THEIR HOUSING. >> CURRENTLY, THAT'S NOT GOING TO BE CONVENIENT. >> ALL RIGHT. >> READY FOR A MOTION? >> I AM. >> I WILL MOVE THAT THE PLANNING COMMISSION DETERMINE THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 1562 SUBSEQUENT EIR, A NEGATIVE DECLARATIONS OF THE SECRET GUIDELINES BASED ON THE ANALYSIS OF THE 2013 MERCED COUNTY GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE ATTACHED SQL, SECTION 1562, FINDINGS AND ANALYSIS. >> SECOND. THANK YOU. >> MIC ON. THANK YOU. WE HAVE A MOTION AND A SECOND. NOW, WE'LL CALL FOR THE VOTE. ALL IN FAVOR? >> AYE. >> CHAIR VOTES AYE. ALL OPPOSED. PASSES UNANIMOUSLY. NOW, IF WE COULD GET A SECRET DETERMINATION NUMBER 2. >> I WILL MOVE THAT THE PLANNING COMMISSION DETERMINES THAT THE MINOR DEVIATION NUMBER MD 20003, IS EXEMPT FROM ENVIRONMENTAL VIEW PURSUANT TO SECTION 15305 MINOR ALTERATIONS IN LAND USE LIMITATIONS OF THE SECRET GUIDELINES. >> SECOND. >> WE HAVE A MOTION AND A SECOND. WE'LL CALL FOR THE VOTE. ALL IN FAVOR? >> AYE. >> CHAIR VOTES AYE. ALL OPPOSED? AGAIN, PASSES UNANIMOUSLY AND THEN YOU'RE GOING TO GET YOUR MONEY'S WORTH BECAUSE [OVERLAPPING] THIS IS A TRIPLE PACK. >> I KNOW IT. OKAY. I'LL MAKE A MOTION THAT THE PLANNING COMMISSION APPROVE MINOR SUBDIVISION NUMBER MS20017, AND MINOR DEVIATION NUMBER MD 20003, BASED ON THE FINDINGS AND THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL. >> SECOND. >> THANK YOU. WE HAVE A MOTION AND A SECOND. WE'LL NOW CALL FOR THE VOTE. ALL IN FAVOR? >> AYE. >> CHAIR VOTES AYE. ALL OPPOSED? PASSES UNANIMOUSLY. THANK YOU, GUYS AND THANK YOU FOR THE TRIPLE MOTIONS THERE. >> I NEED A BREAK. >> YOU NEED A BREAK? YEAH, YOU'VE USED UP ALL OF YOUR SPEECH WORDS. [6.II. MINOR SUBDIVISION No. MS21-010] NOW WE'RE GOING TO MOVE ON TO MINOR SUBDIVISION NUMBER, MS21- 010. [00:10:07] >> GOOD MORNING, COMMISSIONERS. TODAY I WILL BE PRESENTING MINOR SUBDIVISION NUMBER MS21-010 FOR MARGARET TUFT TRUSTEE UNDER THE MARGARET TUFT TRUST AGREEMENT. THE REQUEST IS TO DIVIDE A 184.35 ACRE PARCEL INTO THREE PARCELS. PARCEL 1 IS 33.03 ACRES, PARCEL 2 IS 61.44 ACRES, AND PARCEL 3 IS 89.89 ACRES. THE PROJECT SITE IS LOCATED ON THE NORTH SIDE OF LINCOLN ROAD, APPROXIMATELY 1,800 FEET WEST OF HIGHWAY 59, IN THE EL NIDO AREA. THE PROPERTY IS DESIGNATED AGRICULTURAL LAND USE AND ZONED A-1. HERE IS THE VICINITY MAP AT THE PROJECT SITE, THE PROPERTY IS ONE LEGAL PARCEL WITH THREE DIFFERENT TAX RATES THAT RESULT IN THREE ASSESSORS PARCEL NUMBERS. THE PROJECT SITE IN SURROUNDING AREAS CHARACTERIZED BY AGRICULTURAL OPERATIONS AND ON-SITE RESIDENCES. THIS PHOTO IS OF THE PROPERTY TAKEN FROM LINCOLN ROAD LOOKING NORTH TOWARD THE EXISTING RESIDENCES. THIS PHOTO IS OF THE RAW CROPS BEING GROWN ON THE PROPERTY. IT WAS TAKEN FROM LINCOLN ROAD LOOKING NORTH. HERE IS THE TENTATIVE MAP FOR THE SUBDIVISION. PARCEL 1 IS SHADED IN RED, PARCEL 2 IN GREEN AND PARCEL 3 IN BLUE. MID SUPPLIES SURFACE WATER TO THE SOUTHWEST CORNER OF THE PROJECT SITE AND THE PROPERTY ALSO HAS THREE IRRIGATION WELLS. IRRIGATION EASEMENTS WILL BE REQUIRED TO BE SHOWN ON THE FINAL MAPS SO THAT ALL THE PARCELS HAVE CONTINUED ACCESS TO GROUNDWATER AND SURFACE WATER. THE PROJECT IS CONSISTENT WITH THE GENERAL PLAN GOALS AND POLICIES REGARDING AGRICULTURAL ZONE PARCELS AND IS CONSISTENT WITH REVISIONS OF THE SUBDIVISION MAP ACT, TITLE 17, AND WILLIAMSON ACT. THE PROJECT IS ALSO CONSISTENT WITH THE APPLICABLE ZONING CODE REQUIREMENTS, SPECIFICALLY THOSE RELATED TO THE AGRICULTURAL SETBACK AND MINIMUM PER SOCIETIES. STAFF HAS FOUND THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS OF THE SECRET GUIDELINES. THE ANALYSIS THAT HELPED MAKE THIS DETERMINATION CAN BE FOUND IN THE SEQUEL FINDINGS AND ANALYSIS PROVIDED AS AN ATTACHMENT IN THE STAFF REPORT. NOTICE THAT THE PUBLIC HEARING IS MAILED TO PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT SITE ON AUGUST 13TH, 2021 AND PUBLISHED IN THE MERCED SUN-STAR ON THE SAME DAY. NO COMMENTS HAVE BEEN RECEIVED. WITH THAT STAFF HAS TWO RECOMMENDATIONS FOR THE COMMISSION, MOTION TO DETERMINE THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW, AND MOTION TO APPROVE MINOR SUBDIVISION NUMBER MS2-010. THAT NOW CAN CONCLUDE STAFF'S PRESENTATION. >> THANK YOU. THIS POINT, WE WILL OPEN UP THE PUBLIC HEARING. ANY MEMBER OF THE PUBLIC THAT WILL LIKE TO COME AND SPEAK ON THIS ISSUE OR HAS QUESTIONS FOR STAFF, NOW WILL BE THE TIME TO DO SO. SEEING NONE, WE'RE GOING TO CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THIS BODY. ANY QUESTIONS FOR STAFF OR WOULD LIKE TO ENTERTAIN THE MOTION? >> I'LL MAKE A MOTION THAT THE PLANNING COMMISSION DETERMINES THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15162 SUBSEQUENTLY EIRS AND NEGATIVE DECLARATIONS OF THE SECRET GUIDELINES BASED ON ANALYSIS ON THE 2030 MERCED COUNTY GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE ATTACHED SECRET SECTION 15162 FINDINGS AND ANALYSIS. >> SECOND. >> THANK YOU. WE HAVE A MOTION AND A SECOND NOW WE'LL CALL FOR THE VOTE. ALL IN FAVOR? >> AYE. >> CHAIR VOTES AYE. ALL OPPOSED? PASSES UNANIMOUSLY. NOW WE'LL MOVE ON TO THE PROJECT DETERMINATION. >> OKAY. I'LL MAKE THE MOTION THAT THE COMMISSION APPROVES MINOR SUBDIVISION NUMBER, MS21- 010, BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT IN SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL. >> SECOND. >> AGAIN, WE HAVE A MOTION IN A SECOND. WE'LL CALL FOR THE VOTE. ALL IN FAVOR? >> AYE. >> CHAIR VOTES. AYE. OPPOSED? AGAIN, PASSES UNANIMOUSLY. THANK YOU. NOW, WE'RE GOING TO MOVE ON TO COMMISSIONER ACTION ITEMS. >> NOTHING ADDITIONAL AT THIS TIME, SIR. >> ALL RIGHT. DIRECTOR'S REPORT. >> AGAIN, NOTHING. >> COMMISSIONER'S COMMENTS. SEEING NONE. WE'LL ADJOURN. THANK YOU ALL. * This transcript was compiled from uncorrected Closed Captioning.