Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript

I'D LIKE TO CALL THIS MEETING TO ORDER.

[1. CALL TO ORDER]

[00:00:06]

JANUARY 26, IF I CAN GET EVERYBODY TO STAND, WE'LL DO A PLEDGE ALLEGIANCE.

ROLL CALL OF COMMISSIONERS.

COMMISSIONER AGUILERA.

HERE. COMMISSIONER MOBLEY.

HERE. COMMISSIONER SPYCHER.

HERE. COMMISSIONER ERRECA.

HERE. AND CHAIRMAN ACHESON.

HERE.

WE HAVE A FULL QUORUM.

OK, WE DON'T HAVE ANY MINUTES, SO WE'LL GO ON TO ANYBODY, ANY CITIZEN IN THE AUDIENCE THAT WOULD LIKE TO SPEAK ON SOMETHING THAT PERTAINS TO THE PLANNING COMMISSION.

PLEASE DO SO AT THIS POINT IN TIME.

SEEING NONE.

DIANA. GOOD MORNING, CHAIR, COMMISSIONERS.

[6.I. ZONE VARIANCE APPLICATION NO. ZV21-002-PALAFOX]

THE ITEM TODAY IS ZONE VARIANCE NUMBER ZV21-002 EXCUSE ME FOR THE PALAFOX.

THE REQUEST IS TO ALLOW A THIRTY FIVE FOOT SIDE FACING, EXCUSE ME, THIRTY FIVE FOOT SIDE FACING STREET SETBACK IN LIEU OF THE REQUIRED 50 FOOT SETBACK, AND IT'S TO ALLOW FOR AN ACCESSORY BUILDING.

THE PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF QUEEN ELIZABETH DRIVE AND STATION AVENUE IN THE MCSWAIN AREA, AND IT'S ZONED RURAL RESIDENTIAL AND DESIGNATED AGRICULTURAL RESIDENTIAL IN THE GENERAL PLAN.

THIS IS THE VICINITY MAP.

IT SHOWS THE LOCATION OF THE PROPERTY AND THE GENERAL SHAPE OF THE PROPERTY, ESPECIALLY IN COMPARISON TO THE SURROUNDING PROPERTIES.

THIS IS QUEEN ELIZABETH DRIVE AND THIS IS STATION AVENUE.

OH, I'M SORRY AND SORRY, I'LL CONTINUE.

THIS IS THE ASSESSOR PARCEL MAP OF THE PROPERTY.

AS YOU CAN SEE THAT BECAUSE OF THE CURVE OF STATION AVENUE, THE PROPERTY SIGNIFICANTLY NARROWS AT THE REAR PROPERTY LINE, WHICH IS SUBSTANTIALLY.

IT'S ABOUT HALF OF WHAT ALL THE OTHER PROPERTIES IN THE VICINITY ARE AT THE REAR PROPERTY LINE. THE ZONING VARIANCE CAN BE FOUND CONSISTENT WITH BOTH THE GENERAL PLAN AND THE ZONING, AND IT WILL NOT CHANGE THE RESIDENTIAL DENSITY OF THE PROJECT AREA, NOR WILL IT RESULT IN ANY OTHER INCONSISTENCIES WITH THE GOALS AND POLICIES OF THE GENERAL PLAN AND WITH RESPECT TO THE ZONING CODE.

IT WILL NOT ALLOW ANY USE IS NOT CURRENTLY ALLOWED IN THE RURAL RESIDENTIAL ZONE PURSUANT TO MERCED COUNTY ZONING CODE SECTION 18.126.050 AND GOVERNMENT CODE SECTION 63906.

THE PLANNING COMMISSION MUST MAKE ALL FOUR OF THE FOLLOWING FINDINGS TO APPROVE A VARIANCE. FIRST, THERE MUST BE SPECIAL CIRCUMSTANCES OR CONDITIONS APPLICABLE TO THE SUBJECT PROPERTY THAT GENERALLY DO NOT APPLY TO OTHER PROPERTIES IN THE VICINITY UNDER THE IDENTICAL ZONING.

IN THIS INSTANCE, AS I MENTIONED EARLIER, THE PROJECT IS AN IRREGULAR SHAPED PARCEL AS COMPARED TO THE SURROUNDING PARCELS HAVING BEEN SHAPED BY THE CURVE OF STATION AVENUE.

THE PROJECT SITE HAS A WIDTH OF 159.378 FEET NEAR QUEEN ELIZABETH DRIVE, BUT NARROWS TO A WIDTH OF APPROXIMATELY SEVENTY SIX FEET AT THE REAR PROPERTY LINE.

2 STRICT COMPLIANCE WITH THE ZONING CODE REQUIREMENTS WOULD DEPRIVE THE SUBJECT PROPERTY OF PRIVILEGES ENJOYED BY OTHER PROPERTY IN THE VICINITY AND UNDER THE SAME ZONING.

STRICT COMPLIANCE WITH THE ZONING STANDARDS IN THIS INSTANCE WOULD DEPRIVE THE SUBJECT PROPERTY OF THE ABILITY TO CONSTRUCT AND ACCESSORY BUILDING OF A STANDARD WIDTH GIVEN THE SIDE FACING STREET SETBACK.

PROVING THE VARIANCE OR MINOR DEVIATION WOULD NOT CONSTITUTE A GRANT OF SPECIAL PRIVILEGE, AS THE PROPERTY IS STILL SUBJECT TO ALL THE OTHER REQUIREMENTS OF THE RURAL RESIDENTIAL ZONE AND THE ACCESSORY BUILDING.

ANY ACCESSORY BUILDING MUST COMPLY WITH ALL THE OTHER PROVISIONS OF THE RURAL RESIDENTIAL ZONING STANDARDS.

AND FINALLY, THE REQUESTED VARIANCE OR MINOR DEVIATION, EXCUSE ME, WOULD NOT ALLOW A USE

[00:05:01]

ACTIVITY THAT'S NOT OTHERWISE ALLOWED, NOT OTHERWISE EXPRESSLY AUTHORIZED BY THE REGULATIONS GOVERNING THE PARCEL.

AND AS MENTIONED EARLIER, IT WOULD NOT ALLOW A USE OR ACTIVITY THAT IS NOT CURRENTLY ALLOWED IN THE RURAL RESIDENTIAL ZONE.

AND THESE FINDINGS CAN ALSO BE FOUND IN THE STAFF REPORT.

CONTINUING, STAFF HAS FOUND THAT THE PROJECT CAN BE FOUND EXEMPT UNDER SECTION 15305 MINOR ALTERATIONS IN LAND USE LIMITATIONS OF THE CEQA GUIDELINES.

THE FINDINGS ARE OUTLINED IN THE STAFF REPORT.

HOWEVER, THE VARIANCE DOES NOT RESULT IN THE CREATION OF A NEW PARCEL.

PROJECT SITE HAS AN AVERAGE SLOPE OF LESS THAN 20 PERCENT, AND THE VARIANCE WILL NOT RESULT IN ANY CHANGES TO LAND USE OR DENSITY.

PUBLIC COMMENT NOTICE OF THE PUBLIC HEARING WAS MAILED TO PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT SITE ON JANUARY 12TH OF THIS YEAR AND PUBLISHED.

I BELIEVE IN BOTH THE MERCED SUN STAR AND THE MERCED COUNTY TIMES ON JANUARY 14, AND STAFF DID NOT RECEIVE ANY COMMENTS.

WITH THAT STUFF HAS TWO RECOMMENDATIONS FOR THE PLANNING COMMISSION.

THE FIRST IS TO DETERMINE THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW AND TO APPROVE ZONE VARIANCE NUMBER ZV21-002 BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.

OK, COMMISSION HAVE ANY QUESTIONS FOR STAFF.

AT THIS POINT IN TIME, I'D LIKE TO OPEN IT UP FOR THE PUBLIC AND ANY COMMENTS OR ANYTHING YOU'D LIKE TO ADD TO.

SEEING NONE. I'D LIKE TO CLOSE THAT AND BRING IT BACK UP TO THE COMMISSION.

ANY COMMENTS OR ANYTHING COMMISSION HAVE.

NONE. KAY DO I HEAR.

I'LL MAKE A MOTION.

I'LL MOVE THE PLANNING COMMISSION DETERMINED THE PROJECT IS EXEMPT FROM THE ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15305 MINOR ALTERATIONS IN LAND USE LIMITATIONS OF THE CEQA GUIDELINES. SECOND.

OK, HAVE A MOTION AND A SECOND.

ALL THOSE IN FAVOR.

AYE.

ALL THOSE OPPOSED.

IT'S UNANIMOUS.

AND I'LL MAKE A MOTION ON THE DETERMINATION THE PLANNING COMMISSION APPROVES ZONE VARIANCE NUMBER ZV21-002 BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.

SECOND.

WE HAVE A MOTION AND A SECOND.

ALL THOSE IN FAVOR.

AYE. ALL OPPOSED.

UNANIMOUS. OK.

ANY COMMISSION ACTIONS? NOTHING ADDITIONAL AT THIS TIME, SIR.

OK. DIRECTORS REPORT?

[8. DIRECTOR'S REPORT]

JUST VERY, VERY QUICKLY. I'D LIKE TO TAKE THIS OPPORTUNITY TO INTRODUCE A NEW PLANNER OF OURS SITTING IN THE FRONT ROW.

THIS IS MR CAMERON CHRISTY.

WE WERE LUCKY ENOUGH TO PICK HIM UP HERE WITHIN THE LAST COUPLE OF WEEKS.

HE COMES TO US FROM THE GREAT STATE OF TEXAS WHERE HE DID BOTH.

EXACTLY.

HE DID BOTH HIS UNDERGRADUATE WORK AND HIS GRADUATE WORK.

HA, EXACTLY, EXACTLY.

BUT HE DID BOTH OF HIS UNDERGRADUATE AND GRADUATE WORK AT THE WITHIN THE UNIVERSITY OF TEXAS SYSTEM. AND CURRENTLY WE'RE TRYING TO GET HIM ACCLIMATED.

BUT HE'S A BEEN A GOOD ADDITION TO OUR TEAM SO FAR.

SO YOU'LL BE SEEING HIM AT FUTURE FUTURE MEETINGS IN WEEKS AND MONTHS AHEAD.

SO CERTAINLY TO TAKE THE OPPORTUNITY.

WELCOME CAMERON. AND THAT'S ALL I HAVE, SIR.

WELCOME. COMMISSIONERS.

ANY COMMENTS? OK. THIS MEETING IS ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.