[00:00:01]
[1. CALL TO ORDER]
CAN WE PLEASE EVERYBODY STAND FOR THE PLEDGE OF ALLEGIANCE? OKAY. CAN WE HAVE A ROLL CALL OF COMMISSIONERS, PLEASE? SURE.COMMISSIONER ACHESON DID EXCUSE HIMSELF, BUT WE DO HAVE A QUORUM.
THANK YOU. GOOD ITEM FOR APPROVAL OF MINUTES.
[4. APPROVAL OF MINUTES]
MOVE TO APPROVE. SECOND.OK, WE HAVE A MOTION AND A SECOND TO APPROVE THE MINUTES.
ITEM NUMBER FIVE CITIZEN COMMUNICATIONS.
COME FORWARD AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.
[6.l. 9:00AM Item A CUP20-017 CONDITIONAL USE PERMIT NO. CUP20-017 - MERCED PIPELINE, LLC]
YOU'RE NOT SEEING ANY I'LL CLOSE THE PUBLIC HEARING AND GO TO OUR FIRST ITEM.THANK YOU, CHAIRMAN ERRECA AND MEMBERS OF THE COMMISSION.
PLEASURE BEING HERE THIS MORNING.
THE PROJECT BEFORE YOU IS CONDITIONAL USE PERMIT NUMBERS CUP 20-017.
THE APPLICANT IS MERCED PIPELINE LLC.
A LITTLE BIT OF BACKGROUND ON THE PROJECT.
THE COMMISSION MAY REMEMBER CUP 19-003 WAS APPROVED BY THE PLANNING COMMISSION ON NOVEMBER 19, 2020.
THE PROJECT WAS TO CONSTRUCT AND OPERATE A BIOGAS UPGRADE FACILITY LOCATED AT THE VANDER WOUDE DAIRY ON RAHILLY ROAD AND THE ASSOCIATED 34 MILES OF PIPELINE INFRASTRUCTURE TO COLLECT AND TRANSFER BIOGAS FROM EXISTING DAIRY DIGESTERS THAT WOULD BE CONVERTED TO USABLE ENERGY, SOLD BACK TO THE GRID AND IS/MND WAS ALSO PREPARED AND ADOPTED BY THE PLANNING COMMISSION AS PART OF THAT PROJECT APPROVAL.
THIS REQUEST TODAY BEFORE YOU IS SORT OF A PHASE TWO OF THAT APPLICATION.
THE REQUEST IS TO CONSTRUCT APPROXIMATELY 38 MILES OF NEW PIPELINE FOR EXISTING DAIRY DIGESTERS THAT WILL TIE IN TO THE EXISTING PIPELINE INFRASTRUCTURE FOR THE PREVIOUSLY APPROVED BIO GAS UPGRADE FACILITY.
APPROXIMATELY 7.7 MILES OF THE PROPOSED PIPELINE IS LOCATED IN MADERA COUNTY.
AGAIN, THE PIPELINES SERVE TO COLLECT METHANE GAS FROM SEVERAL DAIRY DIGESTER LOCATIONS TO TRANSPORT, REFINE AND CONVERT TO USABLE ENERGY SOLD BACK TO THE GRID. LOOKING AT THE PROJECT VICINITY AND THE PROPOSED PIPELINES.
THIS IMAGE SHOWS THE LOCATION OF THE PREVIOUSLY APPROVED PIPELINES IN BLUE, AS WELL AS THE BIO GAS CONVERSION FACILITY IN PURPLE, KIND OF IN THE UPPER LEFT OF THE SCREEN, AS WELL AS THE PROPOSED NEW PIPELINES IN EITHER YELLOW FOR PROPOSED LINES WITHIN PUBLIC RIGHT OF WAY OR RED LINES ON PRIVATE LAND.
STAFF HAS DETERMINED THE PROPOSAL TO BE CONSISTENT WITH THE LAND USE ELEMENT, SPECIFICALLY GOAL TWO, WHICH SERVES TO PRESERVE, PROMOTE AND EXPAND THE AGRICULTURAL INDUSTRY IN RIVERSIDE COUNTY AS WELL AS THE AGRICULTURAL ELEMENT GOAL AG ONE WHICH ENCOURAGES MAINTAINING AND EXPANDING COMMERCIAL AGRICULTURAL ENTERPRISES.
THE LOCATION OF THE PROPOSED PIPELINE IS ZONED A ONE GENERAL AGRICULTURAL, AND THE PROPOSAL CAN BE FOUND CONSISTENT WITH PERMIT REQUIREMENTS FOR ENERGY GENERATION FACILITIES, SPECIFICALLY FOUND IN CHAPTER 18.10 TABLE TWO ONE OF THE ZONING CODE.
NOTICE OF INTENT WAS PUBLISHED IN BOTH THE MERCED SUN STAR AND THE MADERA TRIBUNE.
THAT COMMENT LETTER ESSENTIALLY AGREED WITH ALL THE MITIGATION MEASURES RECOMMENDED FROM STAFF, WITH THE EXCEPTION OF REVISING MITIGATION MEASURE BIO FOR REGARDING INCIDENTAL TAKE.
OUR CONSULTANTS AS WELL AS STAFF HAS REVISED THE MITIGATION MEASURE BY OH FOUR, AND THE REVISED LANGUAGE CAN BE FOUND ON PAGE FIVE OF THE STAFF REPORT WITH APPROPRIATE FINDINGS ON PAGE SEVEN OF THE STAFF REPORT.
[00:05:05]
SORRY, YOU CAN'T REALLY READ THAT.THE IS/MND IDENTIFIED SIX SIGNIFICANT IMPACTS REQUIRING MITIGATION.
WITH MITIGATION, THE PROJECT WILL RESULT IN A LESS THAN SIGNIFICANT IMPACT.
STAFF DID RECEIVE SOME PHONE CALLS REGARDING SOME GENERAL QUESTIONS ABOUT THE PROJECT.
HOWEVER, IT DIDN'T APPEAR THAT NO ONE HAD OBJECTED TO THE PROJECT.
STAFF ALSO DID NOT RECEIVE ANY WRITTEN COMMENTS REGARDING THE PROJECT.
BASED ON THE INFORMATION PROVIDED IN THE STAFF REPORT AND TODAY'S PRESENTATION, STAFF HAS FOUR SIMPLE FINDINGS FOR THE COMMISSION ONE AND TWO BEING THAT THERE IS NO SUBSTANTIAL EVIDENCE THAT THE PROJECT WILL HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND TO THE MITIGATED NEGATIVE DECLARATION REFLECTS THE LEAD AGENCY'S INDEPENDENT JUDGMENT AND ANALYSIS, AND THREE PERTAINING TO REVISE LANGUAGE FOR MITIGATION BIAS FOR REGARDING INCIDENTAL TAKE PERMITS.
AND FOR THAT THE PLANNING COMMISSION FINDS THAT RECIRCULATION OF THE IS/MND IS NOT NECESSARY AS THE REVISED LANGUAGE DOES NOT CONSTITUTE A SUBSTANTIAL REVISION PURSUANT TO CEQA GUIDELINES SECTION 15073.5 B.
WITH THAT INFORMATION, STAFF HAS TWO DETERMINATIONS FOR THE COMMISSION THIS MORNING.
ONE IS THE SQUAD DETERMINATION WITH THE MOTION TO ADOPT THE PROPOSED IS IS/MND AND MITIGATION, MONITORING AND REPORTING PROGRAM PURSUANT TO SECTION 15074 CONSIDERATION AND ADOPTION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION OF THE CEQA GUIDELINES WITH THE PROPOSED REVISION TO MITIGATION MEASURE BIO-4 BASED ON THE CEQA FINDINGS INCLUDED IN THEIR PRESENTATION AND THE STAFF REPORT AND FOR THE PROJECT STAFF RECOMMENDS THE PLANNING COMMISSION APPROVE CONDITIONAL USE PERMIT CUP 20-017 BASED ON THE FINDINGS EXCUSE ME, BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE PROPOSED CONDITIONS OF APPROVAL AND THIS CONCLUDES STAFF'S PRESENTATION. THANK YOU.
ANY COMMISSIONERS HAVE QUESTIONS FOR STAFF? UH, HEARING NONE. I WILL OPEN UP THE PUBLIC HEARING ON THIS PROJECT.
ANYBODY LIKE TO COME FORWARD AND SPEAK ABOUT THIS PROJECT? PLEASE DO SO NOW IN STATE YOUR NAME AND ADDRESS FOR THE RECORD.
NOT SEEING ANY I'LL CLOSE THE PUBLIC HEARING FOR THIS ITEM.
AND I WILL COME BACK TO THE COMMISSION DISCUSSION OR A MOTION.
WELL, I'LL MAKE A MOTION THAT WE ADOPT.
THE PROPOSED INITIAL STUDY MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PROJECT PURSUANT TO A SECTION 15074 CONSIDERATION ADOPTION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION OF THE CEQA GUIDELINES WITH THE PROPOSED REVISION OF MITIGATION MEASURE BIO-4 BASED ON THE CEQA FINDINGS INCLUDED IN THIS PRESENTATION AND STAFF REPORT.
WE HAVE A SECOND? SECOND. WE HAVE MOTION AND SECOND ON THE CEQA.
OKAY, I MOVE THAT THE PLANNING COMMISSION APPROVED CONDITIONAL PERMIT CUP 20-017 BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE PROPOSED CONDITIONS OF APPROVAL.
WE HAVE A MOTION DO WE HAVE A SECOND? SECOND.
SECOND. ALL THOSE IN FAVOR AYE.
ANY OPPOSED? MOTION CARRIED. THANK YOU.
[6.I.i. 9:00AM Item B- MS21-015- Herrera MINOR SUBDIVISION APPLICATION MS21-015 - HERRERA]
THANK YOU. MORNING, CHAIR.COMMISSIONERS. THIS NEXT ITEM IS MINOR SUBDIVISION APPLICATION MS 21-015 FOR HERRERA.
THE REQUEST IS TO SUBDIVIDE A 4.8 ACRE PARCEL INTO THREE PARCELS, RESULTING IN PARCEL SIZES OF PARCEL 12.07 ACRES. PARCEL 21.16 ACRES AND PARCEL 31.27 ACRES.
[00:10:08]
THIS IS THE PROJECT SITE.ALSO IDENTIFIED AS ASSESSOR PARCEL NUMBER 215020019.
THIS IS THE PROPOSED PARCEL MAP.
I'VE GOT THE THE PARCELS HIGHLIGHTED.
PARCEL ONE IS THE PARCEL IN THE FRONT OF THE PROPERTY.
PARCEL TWO IS APPROXIMATELY 1.16 ACRES AND PARCEL THREE IS 1.27 ACRES.
AS YOU COULD SEE, PARCELS TWO AND THREE WILL BE ACCESSED BY A PRIVATE EASEMENT.
LU-3.3 RESIDENTIAL DENSITIES AS THE RESULTING PARCELS WILL ALL BE OVER ONE ACRE.
THE PROJECT IS ALSO CONSISTENT WITH THE ZONING CODE AND SUBDIVISION MAP ACT FOR PERMITTED USES, MINIMUM PARCEL SIZE AND ALSO COMMUNITY ENGAGEMENT.
NOTICE OF THE PUBLIC HEARING FOR THIS PROJECT WAS PUBLISHED IN THE MERCED SUN STAR ON JULY 29 AND MAILED TO ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT SITE.
NO COMMENTS WERE RECEIVED PRIOR TO THE PREPARATION OF THE STAFF REPORT.
THEY EXPRESSED CONCERNS ABOUT FUTURE DEVELOPMENT ON THESE PARCELS AS FAR AS WATER TABLE DEPLETION IMPACTS ON THE TREES ON THEIR PROPERTY WHEN THESE TWO PARCELS ARE DEVELOPED, NOISE LEVELS AND DUST WHEN THESE PROPERTIES ARE DEVELOPED, AND DETERMINING THE PROPERTY LINE WITH RESPECT TO NEW FENCING.
I EXPLAINED TO THE CONSTITUENT THAT WHAT'S AT HAND TODAY IS THE ACTUAL APPROVAL OF THE PARCEL MAP, THAT THE APPLICANT HAS NOT INDICATED THAT THEY WILL IN FACT BE BUILDING ANY HOMES ANYTIME SOON.
BUT THAT WASN'T SOMETHING THAT WAS SUBJECT TODAY, AND I THINK THEY WERE PRETTY MUCH SATISFIED WITH MY ANSWERS, BUT THEY WANTED TO GET THEIR CONCERNS INTO THE PUBLIC RECORD.
STAFF HAS DETERMINED THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15315 MINOR LAND DIVISIONS OF THE CEQA GUIDELINES. THE PROJECT IS CONSISTENT WITH THE GENERAL PLAN.
NO VARIANCE OR EXCEPTIONS ARE REQUIRED REQUIRED TO ALLOW FOR THE PROJECT.
THE PROPOSED PARCELS WILL HAVE INDIVIDUAL WELLS AND ONSITE WASTEWATER TREATMENT SYSTEMS, AND AS I MENTIONED, PREVIOUSLY PROPOSED PARCELS TWO AND THREE WILL BE ACCESSED FROM BUHACH ROAD VIA A PROPOSED 20 FOOT WIDE EASEMENT.
WITH THAT SAID, STAFF HAS, OOPS, I WENT THE WRONG WAY.
WITH THAT SAID, STAFF HAS TWO RECOMMENDATIONS.
ONE, THAT THE PLANNING COMMISSION DETERMINED THAT MINOR SUBDIVISION APPLICATION MS 21-015 CAN BE FOUND EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15315 MINOR LAND DIVISIONS OF THE CEQA GUIDELINES.
AND TWO THAT THE PLANNING COMMISSION APPROVED MINOR SUBDIVISION NUMBER MS 21-015 BASED ON THE PROJECT FINDINGS AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL AND I CAN ANSWER ANY OF YOUR QUESTIONS.
OKAY. THANK YOU. ANY QUESTIONS FOR STAFF FROM THE COMMISSION? NOT HEARING ANY.
I WILL OPEN THE PUBLIC HEARING FOR THIS PROJECT.
YES, I'D BE HAPPY TO MAKE THE MOTION THAT THE PLANNING COMMISSION DETERMINED THAT MINOR SUBDIVISION APPLICATION NUMBER MS 21-015 CAN BE FOUND EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15315 MINOR LAND DIVISION OF THE CEQA GUIDELINES BASED ON THE CEQA FINDINGS IN THE STAFF REPORT. SECOND.
WE HAVE A MOTION AND A SECOND ALL THOSE IN FAVOR.
[00:15:03]
AYE. CHAIR ALSO VOTES AYE. ANY OPPOSED? MOTION CARRIED NOW FOR THE PROJECT.I'D ALSO MOVE THE PLANNING COMMISSION APPROVED MINOR SUBDIVISION NUMBER MS 21-015 BASED ON THE PROJECT FINDINGS AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL ON THE STAFF REPORT.
SECOND. WE HAVE A MOTION AND A SECOND, ALL THOSE IN FAVOR.
ITEM SEVEN COMMISSION ACTION ITEMS. NOTHING ADDITIONAL, SIR. DIRECTOR'S REPORT.
[8. DIRECTOR'S REPORT]
JUST VERY BRIEFLY, I'D LIKE TO JUST TAKE A QUICK OPPORTUNITY TO THANK BOTH DIANA AND BRIAN FOR THEIR WORK ON EACH OF THESE PROJECTS TODAY.AND I WANT TO HIGHLIGHT THE FACT THAT BRIAN HAS YOU HAVEN'T SEEN BRIAN PRESENT IN A LITTLE WHILE, AND BRIAN HAS BEEN LEADING THE EFFORT FOR US AT THE COUNTER OF KIND OF OUR PERMITTING OPERATIONS.
AND IT'S BEEN DOING A NICE JOB THERE FOR FOR QUITE SOME TIME, KIND OF SERVING AS THAT GO BETWEEN BETWEEN OUR PLANNING DIVISION AND OUR BUILDINGS DIVISION AS WELL AS WANT TO RECOGNIZED BRIAN FOR FOR FOR STEPPING IN AND IF NOTHING ELSE KEEPING HIS PLANNING SKILLS SHARP SO, BRIAN, I APPRECIATE THAT A LOT.
I ALSO WANT TO TAKE AN OPPORTUNITY TO INTRODUCE DANIELLE BETTENCOURT, WHO JOINED OUR TEAM RECENTLY.
DANIELLE IS GOING TO BE PROVIDING SOME SUPPORT TO THE PLANNING COMMISSION PROSPECTIVELY, AND I WANT TO WELCOME HER AND THANK ANNA FOR THE REALLY HELPING ON BOARD HER IN RECENT DAYS AS EACH OF YOU HAVE SEEN ANNA HERE FOR QUITE SOME TIME, I REALLY APPRECIATE THE FACT THAT SHE HAS STEPPED UP.
I ALSO WANT TO TAKE AN OPPORTUNITY JUST TO TO WELCOME YOU, MR. [INAUDIBLE] SPYCHER TO TO THE MEETING TODAY.
AND JUST WE'RE GLAD THAT YOU'RE HERE IN THE AUDIENCE.
HOPEFULLY, HOPEFULLY, IT'S BEEN A LITTLE BIT OF FUN FOR YOU TO WATCH WATCH KURT IN ACTION.
SO, AGAIN, WELCOME AND AGAIN, WE APPRECIATE YOU BEING HERE.
THAT'S ALL. DWAYNE WELL, THERE'S ALWAYS DWAYNE.
I MEAN, DWAYNE, WE APPRECIATE YOU, TOO.
SO AGAIN, MR. CHAIRMAN, THAT'S ALL I HAVE TODAY.
THANK YOU. ITEM NINE COMMISSIONERS COMMENT.
NOT HEARING ANY. WE'LL ADJOURN.
THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.