>> I'D LIKE TO CALL THIS MEETING TO ORDER FOR [1. CALL TO ORDER] [00:00:02] THE MERCED COUNTY PLANNING COMMISSION ON FEBRUARY 23RD, 2022. COULD EVERYBODY STAND FOR THE PLEDGE OF ALLEGIANCE, PLEASE? >> OKAY. CAN WE HAVE A ROLL-CALL OF COMMISSIONERS, PLEASE? [NOISE] >> COMMISSIONER AGUILERA. >> HERE. >> COMMISSIONER MOBLEY. >> HERE. >> COMMISSIONER SPYCHER. >> HERE. >> COMMISSIONER ERRECA. >> HERE. >> COMMISSIONER ACHESON IS OUT OF TOWN, BUT HE DID CALL AND SAY HE WOULD BE OUT SO YOU DO HAVE A QUORUM. >> THANK YOU. ITEM 4, APPROVAL OF MINUTES FOR MEETINGS DECEMBER 15TH TO JANUARY 26. [4. APPROVAL OF MINUTES] >> I MOVE WE APPROVE THE MINUTES. >> SECOND. >> OKAY. WE HAVE A MOTION AND A SECOND TO APPROVE THE MINUTES, ALL THOSE IN FAVOR? >> AYE. >> AYE. >> ANY OPPOSED? MOTION CARRIED. ITEM 5, CITIZEN COMMUNICATIONS. IF ANYBODY WOULD LIKE TO COME FORWARD AND SPEAK TO THE PLANNING COMMISSION REGARDING ANYTHING THAT'S NOT ON OUR AGENDA TODAY, PLEASE DO SO NOW AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. NOT SEEING ANY OLD CLOTHES THE CITIZENS COMMUNICATIONS AND START WITH OUR PUBLIC HEARINGS, [6.I. 9:00 AM MAJOR SUBDIVISION NO. MAS21-005] ITEM 6.1, MAJOR SUBDIVISION NUMBER MAS21-005. >> GOOD MORNING CHAIR COMMISSIONERS. THIS ITEM IS A MAJOR SUBDIVISION APPLICATION NUMBER MAS21-005 IS A REQUEST TO SUBDIVIDE THREE EXISTING ADJACENT PARCELS THAT TOTAL 18.25 ACRES INTO A 16 LOT RESIDENTIAL SUBDIVISION. EACH LOT WILL BE AT LEAST ONE ACRE IN SIZE. A PERCOLATION BASIN WILL BE PROVIDED ON AN ADDITIONAL LOT, AND PARCELS WILL BE SERVED BY INDIVIDUAL ON-SITE WELL AND SEPTIC. THIS IS THE VICINITY MAP. THE PROJECT IS LOCATED APPROXIMATELY 900 FEET EAST OF QUINLEY AVENUE BETWEEN ELLIOTT AVENUE AND WHITE CRANE ROAD IN THE RURAL RESIDENTIAL CENTER OF MCSWAIN. THIS IS THE PROPOSED TENTATIVE MAP WHICH SHOWS THE PROPOSED LOT LAYOUTS AND THE LOCATION OF THE PERCOLATION BASIN. THE PROJECT MAY BE FOUND CONSISTENT WITH GOAL LU-3 AND POLICY LU-3.3 OF THE GENERAL PLAN LAND USE ELEMENT AS EACH SLOT WILL BE AT LEAST ONE ACRE IN SIZE. THE ENVIRONMENTAL HEALTH DIVISION HAS REVIEWED THE PROPOSED ON-SITE SEPTIC SYSTEM LOCATIONS. STAFF IS DETERMINED THAT THE PROPOSED PROJECT MAY BE FOUND CONSISTENT WITH THE SUBDIVISION MAP ACT, TITLE 17 OF THE MERCED COUNTY CODE, AND THE ZONING REGULATIONS FOR THE RURAL RESIDENTIAL ZONE IN TERMS OF USES, LOT SIZES, AND LOT DIMENSIONS. ALSO, THE PROJECT MAY BE FOUND CONSISTENT. I'M SORRY. EXCUSE ME. [NOISE] STAFF HAS FOUND MAJOR SUBDIVISION NUMBER 21-005 DOES NOT REQUIRE FURTHER ENVIRONMENTAL REVIEW UNDER SECTION 15183. PROJECT IS CONSISTENT WITH THE COMMUNITY PLAN, GENERAL PLAN, OR ZONING OF THE CEQA GUIDELINES. THE PROJECT MAY BE FOUND CONSISTENT WITH THE GENERAL PLAN. NO SUBSTANTIAL CHANGES HAVE OCCURRED ON THE PROJECT SITE OR THE SURROUNDING AREA SINCE THE EIR WAS CERTIFIED FOR THE GENERAL PLAN BY THE BOARD OF SUPERVISORS. THERE ARE NO PROJECT-SPECIFIC SIGNIFICANT ENVIRONMENTAL EFFECTS THAT WERE NOT ANALYZED IN THE PREVIOUS EIR, AND THERE'S NO SUBSTANTIAL NEW INFORMATION WHICH WAS NOT KNOWN AT THE TIME THAT THE EIR WAS CERTIFIED FOR THE GENERAL PLAN. NOTICE THAT THE PUBLIC HEARING WAS MAILED TO ALL PROPERTY OWNERS LOCATED WITHIN 300 FEET OF THE PROJECT ON FEBRUARY 10TH, AND IT WAS PUBLISHED IN THE MERCED SUN-STAR ON FEBRUARY 11TH. STAFF RECEIVED NO WRITTEN COMMENTS PRIOR TO THE COMPLETION OF THE STAFF REPORT. HOWEVER, STAFF RECEIVED ONE PHONE CALL WITH QUESTIONS ABOUT THE WELFARE OF THE PROJECT STAFF. AFTER EXPLAINING THAT THE APPLICANT WAS JUST SUBDIVIDING THE LOTS AND NOT DEVELOPING THEM AND THAT THE WELLS FOR THE 16 LOTS WOULD NOT ALL BE DRILLED AT ONCE, THE CALLER WAS SATISFIED AND DIDN'T HAVE ANY FURTHER QUESTIONS. WITH THAT, STAFF HAS TWO RECOMMENDATIONS. ONE, THAT THE PLANNING COMMISSION FIND THAT THE MAJOR SUBDIVISION REQUIRES NO FURTHER ENVIRONMENTAL REVIEW, AND TWO, [00:05:05] THAT THE PLANNING COMMISSION APPROVE MAJOR SUBDIVISION APPLICATION NUMBER MAS21-005 BASED ON THE FINDINGS IN THE STAFF REPORT AND SUBJECT TO THE PROPOSED CONDITIONS OF APPROVAL. WITH THAT, I CAN ANSWER ANY QUESTIONS. >> THANK YOU. DOES THE COMMISSION HAVE ANY QUESTIONS FOR STAFF? OKAY, NOT SEEING ANY, I WILL OPEN A PUBLIC HEARING ON THIS ITEM. ANYBODY WHO WOULD LIKE TO COME FORWARD AND SPEAK ABOUT IT, PLEASE DO SO NOW AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. >> ADAM REED WITH VVH CONSULTING ENGINEERS, WE'RE HERE REPRESENTING THE APPLICANT OF THIS SUBDIVISION, AND I CAN ANSWER ANY QUESTIONS IF YOU GUYS HAVE ANY. THANK YOU. >> ALL RIGHT, THANK YOU. ANYBODY ELSE LIKE TO COME FORWARD? NOT SEEING ANY, I WILL CLOSE THE PUBLIC HEARING AND COME BACK TO THE COMMISSION FOR THE DISCUSSION OR A MOTION. >> I'LL MAKE A MOTION. I MOVE THE PLANNING COMMISSION FIND MAJOR SUBDIVISION APPLICATION NUMBER MAS21-005 REQUIRES NO FURTHER ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15183. PROJECT IS CONSISTENT WITH THE COMMUNITY PLAN, GENERAL PLAN OR, ZONING BASED ON THE FINDINGS IN THE STAFF REPORT. >> SECOND. >> WE HAVE A MOTION AND A SECOND. ALL IN FAVOR? >> AYE. >> AYE >> ANY OPPOSED? MOTION CARRIED. FOR THE PROJECT. >> I MOVE THAT THE PLANNING COMMISSION APPROVE MAJOR SUBDIVISION APPLICATION NUMBER MAS21-005 BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE PROPOSED CONDITIONS OF APPROVAL. >> SECOND. >> OKAY. WE HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR? >> AYE. >> AYE. >> ANY OPPOSED? MOTION CARRIED. ON TO OUR NEXT [NOISE] ITEM. [6.II. 9:00 AM MINOR SUBDIVISION APPLICATION NO. MS21-019] MINOR SUBDIVISION APPLICATION NUMBER MS21-019. >> GOOD MORNING, COMMISSIONERS. MY NAME IS CAMERON CHRISTY PLANNER WITH THE COUNTY. THIS IS MINOR SUBDIVISION NUMBER MS21-019 FOR DEUS FAMILY FARMS FOR MS. GLORIA BETTENCOURT. THE REQUEST IS TO SUBDIVIDE 60.28 ACRE PARCEL INTO THREE PARCELS, RESULTING IN PARCEL SIZES OF 20.02, 20.25, AND 20.01, ALL ROUGHLY THE SAME SIZE. THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF WEST JOHNSON AVENUE, ABOUT A QUARTER-MILE EAST OF NORTH TEGNER ROAD IN THE HILMAR AREA. THE LAND IS DESIGNATED AGRICULTURAL LAND USE IN THE GENERAL PLAN AND ZONED A-1 GENERAL AG. HERE'S THE VICINITY. THE SITE IS SURROUNDED BY ROW CROPS, ORCHARDS, AND SINGLE-FAMILY RESIDENCES. WE HAVE JOHNSON TO THE NORTH AND TEGNER TO THE WEST. HERE'S THE TENTATIVE MAP WITH THE PROPOSED PARCELS HIGHLIGHTED. THE CURRENT SINGLE PARCEL IS COMPRISED OF FOUR INDIVIDUAL LOTS THAT WILL BE MODIFIED TO BECOME THREE INDIVIDUAL PARCELS. ADJUSTED LOTS TWO AND THREE, CURRENTLY THEIR OWN LOTS WITHIN THE LARGER PARCEL WILL BE CLEAVED OFF TO BECOME THEIR OWN PARCELS. THE CURRENT LOTS EIGHT AND NINE UP HERE WILL BE CONSOLIDATED INTO THE ADJUSTED LOT ONE AS ITS OWN PARCEL. AS FAR AS THE GENERAL PLAN GOES, THE PROJECT IS CONSISTENT WITH APPLICABLE GENERAL PLAN POLICIES REGARDING THE FACILITATION AND PRESERVATION OF AGRICULTURAL USES. THE PROJECT IS ALSO CONSISTENT WITH APPLICABLE PROVISIONS OF THE MERCED COUNTY ZONING CODE, AS WELL AS THE SUBDIVISION MAP ACT AND TITLE 17. THE PROJECT WILL BE FOUND EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15162, SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS OF THE CEQA GUIDELINES. THE ANALYSIS THAT HELPED MAKE THIS DETERMINATION COULD BE FOUND IN THE CEQA SECTION OF THE STAFF REPORT. FOR PUBLIC COMMENT, NOTICE OF THE HEARING WAS MAILED TO PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT SITE ON FEBRUARY 8TH AND PUBLISHED IN THE MERCED SUN-STAR ON FEBRUARY 11TH. NO COMMENTS WERE RECEIVED FROM THE PUBLIC. [BACKGROUND] STAFF HAS TWO RECOMMENDATIONS, MOTION TO ADOPT THE CEQA FINDINGS FOR EXEMPTION, [00:10:02] AND MOTION TO APPROVE MINOR SUBDIVISION NUMBER MS21-019. THIS NOW CONCLUDES STAFF PRESENTATION AND I'M AVAILABLE FOR QUESTIONS. >> ALL RIGHT, THANK YOU. ANY QUESTIONS FOR STAFF FROM THE COMMISSION? >> YEAH. I'VE GOT ONE. [NOISE] NOW THOSE LOTS COULD BE SOLD INDIVIDUALLY, HOW DOES ONE GET TO THAT LOT NUMBER 2? >> ONE OF THE CONDITIONS OF APPROVAL IS THAT THERE BE ACCESS. >> YEAH. I WAS MAKING SURE THERE WAS SOME WRITTEN ACCESS. >> YES. [OVERLAPPING] IT'S PART OF THE CONDITIONS. >> OKAY. >> ANY OTHER QUESTIONS FOR STAFF? NOT HEARING ANY, I WILL OPEN THE PUBLIC HEARING ON THIS ITEM. ANYONE WHO WOULD LIKE TO COME FORWARD AND SPEAK ABOUT THIS PROJECT TO PLEASE DO SO NOW AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. NOT SEEING ANY, I WILL CLOSE THE PUBLIC HEARING ON THIS ITEM AND COME BACK TO THE COMMISSION FOR DISCUSSION OR MOTION. >> YES, I'D BE HAPPY TO MAKE THE MOTION OF PROJECT FINDING MINOR SUBDIVISION APPLICATION NUMBER MS21-019, A PROCESS TO SUBDIVIDE PARCEL. YOU KNOW WHAT? I'M IN THE WRONG SPOT, I APOLOGIZE. MOTION DETERMINING NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 SUBSEQUENT EIR AND NEGATIVE DECLARATION OF THE CEQA GUIDELINES BASED ON THE ANALYSIS IN THE 2030 MERCED COUNTY GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE ATTACHED CEQA SECTION 15162, FINDINGS AND ANALYSIS. >> OKAY. WE HAVE MOTION, DO WE HAVE A SECOND? [OVERLAPPING] >> SECOND. >> WE HAVE A MOTION AND A SECOND ON THE CEQA. ALL THOSE IN FAVOR? >> AYE. >> AYE. >> ANY OPPOSED? MOTION CARRIED. ANOTHER PROJECT. >> I'D ALSO MOVE TO APPROVE MINOR SUBDIVISION APPLICATION NUMBER MS21-019 BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL. >> WE HAVE A MOTION. DO WE HAVE A SECOND? >> SECOND. >> OKAY. MOTION AND A SECOND. ALL THOSE IN FAVOR? >> AYE. >> AYE. >> ANY OPPOSED? MOTION CARRIED. [NOISE] NEXT UP, COMMISSION ACTION ITEMS. ITEM SEVEN. >> NOTHING FURTHER THIS TIME. >> DIRECTOR'S REPORT. >> NOTHING TO REPORT. >> COMMISSIONER'S COMMENTS? NOT HEARING ANY, WE WILL ADJOURN. THANK YOU. [NOISE] * This transcript was compiled from uncorrected Closed Captioning.