[00:00:01]
I'D LIKE TO CALL A MEETING TO ORDER.IF I CAN GET EVERYBODY TO STAND AND PLEDGE ALLEGIANCE.
CALL. GOOD MORNING, COMMISSIONER AGUILERA.
COMMISSIONER SPYCHER AND COMMISSIONER ERRECA DID CALL IN.
APPROVAL OF THE MINUTES FOR MARCH 23RD.
[4. APPROVAL OF MINUTES]
MOVED TO APPROVE.AYE. OPPOSED? UNANIMOUS. AT THIS POINT IN TIME, ANYBODY IN THE AUDIENCE WISHING TO SPEAK ON ANYTHING THAT IS NOT ON THE AGENDA MAY DO SO AT THIS POINT IN TIME.
[6.I. 9:00 AM ZONE VARIANCE NO. ZV21-003-JOHN SLATE- ITEM A]
TIFFANY THANK YOU, CHAIRMAN ATCHISON.MY NAME IS TIFFANY HO AND I'M A PLANNER WITH THE COUNTY COMMUNITY ECONOMIC DEVELOPMENT DEPARTMENT. TODAY I HAVE THE PLEASURE OF PRESENTING.
ZONE VARIANCE NUMBER ZV 21-003 FOR JOHN SLATE.
MR. SLATE. THE APPLICANT IS REQUESTING TO REDUCE HIS SIDE STREET FACING SETBACK REQUIREMENT FROM 50 FEET TO 25 FEET TO ACCOMMODATE THE INSTALLATION OF A 2500 SQUARE FOOT STORAGE STRUCTURE.
HERE IS A VICINITY MAP OF THE PROJECT LOCATION, WITH THE SUBJECT PARCEL HIGHLIGHTED IN CYAN. AS YOU CAN SEE, THE PROJECT SITE IS LOCATED ON THE NORTHEAST CORNER OF CLUB DRIVE AND LINKS AVENUE, LOCATED IN THE MERCED AREA.
THE PROPERTY IS PART OF A 15 LOT SUBDIVISION CALLED COUNTRY CLUB LAKE ESTATES IN THE MERCED RURAL RESIDENTIAL CENTER.
AS YOU CAN TELL, THE SURROUNDING AREA IS MOSTLY DEVELOPED WITH SIMILAR RURAL RESIDENTIAL LAND USES. HERE IS AN AERIAL WITH A CLOSE UP IMAGE OF THE PROJECT SITE.
YOU CAN SEE THAT THE PROJECT SITE IS DEVELOPED WITH A SINGLE FAMILY HOME WITH A POOL AND IS SERVED BY AN ONSITE WELL AND SEPTIC SYSTEM.
I'VE INCLUDED AN EXCERPT FROM THE ASSESSOR'S PARCEL MAP TO INDICATE THE IRRIGATION EASEMENT THAT AFFECTS THREE PARCELS IN THE SUBDIVISION INDICATED BY THE MARKINGS ON THE TOP OF PARCELS ONE, 16 AND 15.
THE SUBJECT PARCEL IS HIGHLIGHTED IN CYAN AND BLUE, SO YOU CAN SEE AS ONE OF THE THREE PARCELS AFFECTED BY THE IRRIGATION EASEMENT.
THIS IRRIGATION EASEMENT DRAINS INTO A DRAINAGE BASIN INDICATED BY LOT A OWNED BY MERCED COUNTY ON THE SOUTHWEST CORNER OF THIS MAP.
HERE IS THE SITE PLAN SUBMITTED BY THE APPLICANT, WHICH SHOWS THE LOCATION OF THE ACCESSORY STRUCTURE ACCOMMODATING FOR BOTH THE 20 FOOT IRRIGATION EASEMENT AND THE 25 FOOT REDUCED SETBACK.
WHAT ISN'T INDICATED ON THE SITE PLAN, BUT I HAVE KIND OF HIGHLIGHTED HERE IN CYAN IS THAT THE APPLICANT ALSO IS PROPOSING TO INCLUDE A DRIVEWAY APPROACH FROM THE STRUCTURE TO LINK AVENUE. AND THERE WAS NO COMMENT FROM OR THERE WAS NO OBJECTION OF THIS DRIVEWAY APPROACH FROM THE COUNTY TO PUBLIC WORKS DEPARTMENT AS LONG AS THE DRIVEWAY APPROACH MEETS COUNTY STANDARDS.
AS FOR REVIEW WITH OUR LOCAL CODE AND REGULATIONS, STAFF FOUND THAT THE PROJECT SITE IS DESIGNATED MERCED RURAL RESIDENTIAL CENTER AGRICULTURAL RESIDENTIAL.
IT DOESN'T GO AGAINST THE GENERAL PLAN AS IT DOES NOT CHANGE THE DENSITY OF THE SITE.
ALL IT DOES IS INVOLVE A VARIANCE FROM THE SETBACK REQUIREMENTS AND SO FOR IT WOULD NOT RESULT IN ANY OTHER CONSISTENCIES WITH THE GENERAL PLAN.
THE PROJECT SITE IS ZONED R R RULE RESIDENTIAL AND IT IS DEVELOPED WITH A SINGLE FAMILY HOME. THE PROPOSED DEVELOPMENT IS AN ACCESSORY STRUCTURE TO THAT SINGLE FAMILY HOME.
SO THE LAND USES WOULD NOT BE INCONSISTENT WITH THE ALLOWED LAND USES IN THE ZONE AND THEREFORE WOULD NOT BE INCONSISTENT WITH THE ZONING CODE STANDARDS OTHER THAN THE
[00:05:02]
VARIANCE FROM THE SIDE YARD SETBACK.PURSUANT TO GOVERNMENT CODE SECTION 65906 AND MERCED COUNTY CODE SECTION 18126.050. THE PLANNING COMMISSION MUST MAKE FOR ALL FOUR FINDINGS TO APPROVE THIS VARIANCE. I'LL GO OUTLINE THEM NOW AND THEN KIND OF BRIEFLY SUMMARIZE THE REASONS WHY THIS PROJECT DOES MEET THOSE FINDINGS.
THE FIRST ONE IS THAT THE PLANNING COMMISSION MUST FIND THAT THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS APPLICABLE TO THE SUBJECT PROPERTY THAT GENERALLY DO NOT APPLY TO OTHER PROPERTIES IN THE VICINITY UNDER IDENTICAL ZONING CLASSIFICATION.
THE SECOND IS THAT THE COMMISSION MUST FIND THAT STRICT COMPLIANCE WITH THE ZONING CODE REQUIREMENTS WOULD DEPRIVE THE PROPERTY OF PRIVILEGES ENJOYED BY OTHER PROPERTY IN THE VICINITY UNDER IDENTICAL CLASSIFICATION.
SO AS DISCUSSED, THERE IS A 20 FOOT IRRIGATION EASEMENT THAT AFFECTS THREE OF THE PARCELS IN THE SUBDIVISION.
THIS EASEMENTS PLUS THE SIDE SETBACK WOULD SIGNIFICANTLY REDUCE THE BUILDABLE AREA OF THE PARCEL AND ABILITY TO CONSTRUCT AN ACCESSORY BUILDING OF STANDARD WIDTH AS ALLOWED BY THE ZONING CODE. THE OTHER TWO FINDINGS THAT THE PLANNING COMMISSION MUST MAKE IS THE PLANNING COMMISSION MUST FIND THAT APPROVING THE VARIANCE WOULD NOT CONSTITUTE A GRANT OF SPECIAL PRIVILEGE AND CONSISTENT WITH THE LIMITATIONS ON OTHER PROPERTIES IN THE SAME VICINITY AND ZONE OF SUBJECT PROPERTY.
AND THE COMMISSION MUST FIND THAT THE REQUESTED VARIANCE WOULD NOT ALLOW A LAND USE THAT IS NOT OTHERWISE EXPRESSLY ALLOWED.
SO AS I MENTIONED, THIS PARCEL IS CONSTRAINED BY AN IRRIGATION EASEMENT.
THE ACCESSORY STRUCTURE PROPOSED WOULD OTHERWISE COMPLY WITH ALL OTHER PROVISIONS OF THE ZONING CODE AND IS ALLOWED BY THE ZONE.
AND THE VARIANCE WOULD NOT CHANGE THE LAND USE ACTIVITY THAT WAS OTHERWISE ALLOWED BY THE REGULATIONS GOVERNING THIS PARCEL.
BASED ON THIS INFORMATION, STAFF FINDS THAT THIS PROJECT WOULD MEET ALL OF THE REQUIRED VARIANCE FINDINGS FOR ENVIRONMENTAL REVIEW.
STAFF FOUND THAT THIS PROJECT DOES FALL UNDER TWO CATEGORICAL EXEMPTIONS.
THE VARIANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW BASED OFF OF SECTION 15305 MINOR ALTERATIONS IN LAND USE LIMITATION, WHICH EXPRESSLY ALLOWS VARIANCES FROM SETBACKS AS LONG AS THE PROJECT SITE IS LESS THAN OR HAS AN AVERAGE SLOPE LESS THAN 20%.
AND THE VARIANCE DOES NOT RESULT IN ANY CHANGES IN LAND USE OR DENSITY, WHICH IN THIS CASE THE VARIANCE DOES APPLY.
AS FOR THE ACCESSORY STRUCTURE THAT IS ALSO EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES WHICH ALLOWS FOR ACCESSORY STRUCTURES AS LONG AS IT COMPLIES WITH THE ZONING CODE.
SO STAFF HAS FOUND THAT THE REQUESTED VARIANCE DOES IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15305 AND SECTION 15303.
AS FOR PUBLIC NOTICING OF THIS PUBLIC HEARING, THIS PUBLIC HEARING WAS ADEQUATELY NOTICE AS IT WAS MAILED TO PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT SITE AND PUBLISHED IN THE SUN STAR ON APRIL 1ST, 2022.
AS OF TODAY, WE DID RECEIVE ONE CALL VOICING SUPPORT OF THE PROJECT FROM A NEIGHBOR WITHIN THE VICINITY AND THEN THAT NO OTHER COMMENTS WERE RECEIVED BASED OFF OF THE INFORMATION PROVIDED TODAY IN THE PRESENTATION AND DETAILED IN THE STAFF REPORT, STAFF HAS TWO RECOMMENDATIONS.
THE FIRST RECOMMENDATION IS TO FOR THE PLANNING COMMISSION TO DETERMINE THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15305 AND SECTION 15303.
I JUST WANT TO MAKE A NOTE THAT ON THE AGENDA IT DOESN'T INCLUDE BOTH OF THE CATEGORY EXEMPTIONS. SO I JUST WANT TO PROVIDE THAT OUT THERE SO THAT YOU KNOW, THAT STAFF IS RECOMMENDING TWO CATEGORICAL EXEMPTIONS FOR THIS VARIANCE.
THE SECOND RECOMMENDATION IS THAT STAFF IS RECOMMENDING THE PLANNING COMMISSION APPROVE ZONE VARIANCE NUMBER ZV 21-003 BASED ON THE FINDINGS, INCLUDING THE FOUR REQUIRED VARIANCE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.
THIS INCLUDES INCLUDES STAFF'S REPORT.
IF THERE'S ANY QUESTIONS AT THIS TIME, STAFF CAN ANSWER THEM.
ANY QUESTIONS FROM THE COMMISSION? I HAVE A COMMENT.
[00:10:02]
I'M JUST LISTENING. AND I'M REALLY IMPRESSED WITH STAFF BECAUSE YOU'RE USING COMMON SENSE APPROACH TO HELP A HOMEOWNER GET THIS PROJECT DONE WHEN, YOU KNOW, YOU COULD PUT A LOT OF BARRIERS UP AND EVERYTHING ELSE.SO I REALLY APPRECIATE YOU GUYS GOING THE EXTRA MILE TO MAKE SURE THAT THEY'RE ABLE TO ACCOMPLISH THIS. OKAY.
ANY OTHER COMMENTS? AT THIS POINT IN TIME, I'D LIKE TO OPEN IT UP TO THE PUBLIC HEARING ANYBODY IN THE AUDIENCE WISHING TO MAKE A STATEMENT IN FAVOR OR OPPOSED TO THIS PROJECT.
YOU MAY DO SO AT THIS POINT IN TIME.
SEEING NONE. BRING IT BACK UP TO THE COMMISSION.
SO I'LL CLOSE THE HEARING AT THIS POINT IN TIME.
ANY QUESTIONS BY THE PC? I'LL GO AHEAD AND MAKE A MOTION THAT THE PLANNING COMMISSION DETERMINED THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15305.
MINOR ALTERATIONS AND LAND USE LIMITATIONS AND SECTION 15303.
NEW CONSTRUCTION AND CONVERSATION OF SMALL STRUCTURES OF THE CEQA GUIDELINES.
I HAVE A MOTION AND SECOND ALL THOSE IN FAVOR.
DETERMINATION. AND ALSO MAKE THE MOTION PLANNING COMMISSION APPROVES ZONE VARIANCE NUMBER ZV 21-003 BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO RECOMMENDED CONDITIONS OF APPROVAL.
[6.I.i. 9:00 AM CONDITIONAL USE PERMIT NO. CUP21-019- STEITZ- ITEM B]
DIANA. GOOD MORNING, CHAIR AND COMMISSION.THIS NEXT ITEM IS CONDITIONAL USE PERMIT NUMBER CUP 21-0194 FOR STEITZ.
AND IT'S A REQUEST TO ESTABLISH A REESTABLISH A VEHICLE STORAGE YARD ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 33 AND AZUSA ROAD.
AS I SAID, THE PROJECT IS LOCATED ON THE SOUTHEAST CORNER OF STATE HIGHWAY 33 AND AZUSA ROAD AND THE RURAL CENTER OF DOS PALOS Y.
THE PROJECT SITE IN THE SURROUNDING PROPERTIES ARE ALL ZONED C-2 GENERAL COMMERCIAL.
HOWEVER, VACANT COMMERCIAL BUILDINGS ARE COMMON IN THIS AREA.
THIS IS THE PROPOSED SITE PLAN.
AS YOU CAN SEE, THERE ARE THREE STRUCTURES ON THE PROPERTY, TWO OF WHICH ARE NOT PART OF THIS PROJECT. AND I'VE INDICATED WHERE THE APPLICANT IS PROPOSING TO HOLD THEIR HAVE THEIR OFFICE FOR THE USE.
IT IS IN A VACANT GAS STATION STRUCTURE AND I'VE ALSO INDICATED WHERE THEY ARE PROPOSING TO PARK CARS, WHICH IS AN AREA BEHIND IMMEDIATELY BEHIND THE GAS STATION STRUCTURE AND THAT IS FENCED.
HERE'S A PHOTO OF THE STRUCTURE THAT THEY'RE PROPOSING TO USE.
AND YOU CAN SEE THE AREA BEHIND THE STRUCTURE WHERE THEY'RE PROPOSING TO PARK THE CARS.
THE PROJECT STAFF HAS FOUND THE PROJECT TO BE CONSISTENT WITH THE FOLLOWING GOALS AND POLICIES OF THE LAND USE ELEMENT OF THE GENERAL PLAN, AS THE USE WILL MINIMIZE IMPACTS TO AGRICULTURE IN THE AREA BY UTILIZING AN EXISTING COMMERCIAL BUILDING.
ADDITIONALLY, THE REQUIRED IMPROVEMENTS TO THE BUILDING WILL BENEFIT THE SURROUNDING COMMUNITY BY MAKING THE BUILDING ACCESSIBLE.
ADDITIONALLY, AS VEHICLE STORAGE IS ALLOWED IN THE C-2 GENERAL COMMERCIAL ZONE ON PARCELS NOT EXCEEDING TWO ACRES IN SIZE.
THE PROJECT, AS CONDITIONS MAY AS CONDITION MAY BE FOUND CONSISTENT WITH THE ZONING CODE.
THE PROJECT CAN BE FOUND EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15301 EXISTING FACILITIES. CLASS 1A OF THE CEQA GUIDELINES AS THE PROJECT INVOLVES THE MINOR ALTERATION OF AN EXISTING ONE STOREY PRIVATE STRUCTURE, INCLUDING IMPROVEMENTS RELATED TO COMPLIANCE WITH CURRENT BUILDING CODES AND THE ADDITION OF ONSITE FENCING.
NOTICE OF THE PUBLIC HEARING WAS MAILED TO PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT SITE ON MARCH 31ST AND PUBLISHED IN THE MERCED SUN STAR ON APRIL 1ST.
[00:15:02]
STAFF DID NOT RECEIVE ANY COMMENTS, AND STAFF HAS TWO RECOMMENDATIONS ON THIS PROJECT.FIRST, THAT THE COMMISSION FIND THE PROJECT EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15301, THE EXISTING FACILITIES OF THE CEQA GUIDELINES AND TWO THAT THE PLANNING COMMISSION APPROVES CONDITIONAL USE PERMIT CUP 21-019 BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.
ANY QUESTIONS BY THE COMMISSION? SEEING NONE.
AT THIS POINT IN TIME I'LL OPEN THE PUBLIC HEARING UP FOR ANYBODY WISHING TO MAKE A STATEMENT FOR OR AGAINST THE PROJECT MAY DO SO AT THIS POINT IN TIME.
I'LL CLOSE THE PUBLIC HEARING.
ANY QUESTIONS BY THE COMMISSION? NO. I'LL MAKE A MOTION, THOUGH.
I MOVE THAT THE PLANNING COMMISSION FIND THE PROJECTS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15301 EXISTING FACILITIES OF THE CEQA GUIDELINES.
MOTION AND A SECOND. ALL THOSE IN FAVOR.
UNANIMOUS. AND NOW I WOULD MOVE THAT THE PLANNING COMMISSION APPROVED CONDITIONAL USE PERMIT NUMBER CUP 21-019 BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.
[6.I.i.1. 9:00 AM CONDITIONAL USE PERMIT NO. CUP22-001-MARIO PONCE- ITEM C]
DIANA.THIS NEXT PROJECT IS ACTUALLY RIGHT ACROSS THE STREET FROM THE PREVIOUS ONE.
IT IS CONDITIONAL USE PERMIT NUMBER CUP 22-001 FOR PONCE.
AND THIS IS A REQUEST TO ESTABLISH A TIRE REPAIR SALES AND INSTALLATION SHOP IN AN EXISTING STRUCTURE, AN EXISTING COMMERCIAL STRUCTURE.
AND AS I SAID, IT IS LOCATED ON THE NORTHEAST CORNER OF HIGHWAY 33 AND AZUSA ROAD.
NO OTHER AUTO REPAIRS ARE PROPOSED AT THIS LOCATION AS PART OF THIS APPLICATION.
AS YOU CAN SEE HERE IS THE VICINITY MAP.
THIS IS DIRECTLY ACROSS THE STREET FROM THE PREVIOUS PROJECT.
THE SITE AND THE SURROUNDING PROPERTIES ARE ALSO ZONED C-2 GENERAL COMMERCIAL AND AS I MENTIONED PREVIOUSLY, VACANT COMMERCIAL BUILDINGS ARE COMMON.
THIS IS A PHOTO OF THE BUILDING IN QUESTION WHERE THE APPLICANT PROPOSES TO OPERATE THE TIRE SHOP. AND ONCE AGAIN, THIS PROJECT CAN BE FOUND CONSISTENT WITH THE THE FOLLOWING GOALS OF THE GOALS AND POLICIES OF THE LAND USE ELEMENT OF THE GENERAL PLAN, AS THIS USE WILL SERVE THE DAILY NEEDS OF THE SURROUNDING RURAL AREA WHILE ALSO HAVING MINIMAL IMPACTS ON THE SURROUNDING AGRICULTURAL USES.
THE PROJECT IS CONSISTENT WITH THE ZONING CODE AS THE USE IS ALLOWED IN THE C-2 GENERAL COMMERCIAL ZONE WITH APPROVAL OF A CONDITIONAL USE PERMIT AND AND CONTINUING THE PROJECT MAY ALSO BE FOUND EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15301 EXISTING FACILITIES, CLASS 1A OF THE CEQA GUIDELINES BECAUSE IT MERELY INVOLVES THE MINOR ALTERATION OF AN EXISTING ONE STOREY PRIVATE COMMERCIAL STRUCTURE, INCLUDING IMPROVEMENTS RELATED TO COMPLIANCE WITH CURRENT BUILDING CODES.
NOTICE OF THE PUBLIC HEARING WAS MAILED TO PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT SITE AND PUBLISHED IN THE MERCED SUN STAR ON APRIL 1ST.
STAFF DID NOT RECEIVE ANY COMMENTS AND AGAIN, STAFF HAS TWO RECOMMENDATIONS FOR THIS PROJECT. FIRST, THAT YOU FIND THE PROJECT EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15301 EXISTING FACILITIES OF THE CEQA GUIDELINES.
AND TO THAT YOU APPROVE THE CONDITIONAL USE PERMIT BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.
THANK YOU. QUESTIONS BY THE COMMISSION.
SEEING NONE. AT THIS POINT IN TIME.
I'D LIKE TO OPEN IT UP TO THE PUBLIC.
ANY COMMENTS FOR OR AGAINST THE PROJECT MAY BE SHARED AT THIS POINT IN TIME.
SEEING NONE. I'LL CLOSE THE PUBLIC HEARING.
ANY QUESTIONS BY THE PC? SEEING NONE.
WHAT'S. OKAY, I'LL MAKE A MOTION THAT THE PLANNING COMMISSION FINDS THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15301 EXISTING FACILITIES OF THE
[00:20:04]
CEQA GUIDELINES.SECOND. YOU HAVE A MOTION AND A SECOND.
UNANIMOUS. NOW I MOVE THAT THE PLANNING COMMISSION APPROVE CONDITIONAL USE PERMIT NUMBER CUP 22-001.
BASED ON THE FINDINGS, IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.
COMMISSION ACTION ITEMS. NOTHING ADDITIONAL SIR.
AND NOTHING AT THIS TIME. COMMISSIONERS, ANY COMMENTS? THIS MEETING IS ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.