[00:00:02] I'D LIKE TO CALL THIS MEETING TO ORDER IF I COULD GET EVERYBODY TO STAND AND DO THE PLEDGE ALLEGIANCE WITH US. [1. CALL TO ORDER] ROLL CALL? SURE. BUT WE DO HAVE A QUORUM CHAIR. TERRIFIC. OK APPROVAL OF THE MINUTES FOR AUGUST 10TH MEETING. [4. APPROVAL OF THE MINUTES] MOVE WE APPROVE THE MINUTES OF AUGUST THE 10TH. SECOND. MOTION AND SECOND. ALL IN FAVOR. AYE. OPPOSED. THANK YOU. OKAY, AT THIS POINT IN TIME, ANYBODY IN THE AUDIENCE WISHING TO MAKE A COMMENT ON SOMETHING THAT IS NOT ON THE AGENDA MAY DO SO AT THIS POINT IN TIME. SEEING NONE, I'LL BRING IT BACK UP. CAMERON. ALL RIGHTY. GOOD MORNING, COMMISSIONERS. SO THE FIRST PROJECT BEFORE YOU TODAY IS ADMINISTRATIVE APPLICATION NUMBER AA 22-026 FOR EXCUSE ME, KANDOLA [6.I. 9:00AM Item A- AA22-026- KANDOLA FARMS ADMINISTRATIVE APPLICATION NO. AA22-026 – KANDOLA FARMS] FARMS PRODUCE. SO THIS IS A REQUEST TO CONSTRUCT FOUR 9600 SQUARE FOOT STEEL SWEET POTATO STORAGE BUILDINGS. PROPOSED PROJECT WOULD EXTEND THE EXISTING WAREHOUSING AREA BY APPROXIMATELY FIVE ACRES AND WOULD REDUCE THE SIZE OF THE EXISTING GROWING AREA BY THE SAME AMOUNT. THE PROJECT SITE IS LOCATED ON APPROXIMATELY 29.93 ACRE PARCEL IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 049050089, LOCATED ON THE NORTH SIDE OF WEST ATWATER, JORDAN ROAD, APPROXIMATELY 2150 FEET EAST OF WASHINGTON BOULEVARD IN THE LIVINGSTON AREA OF MERCED COUNTY, LAND IS DESIGNATED AGRICULTURAL LAND USE IN THE GENERAL PLAN AND IS ZONED A-1 GENERAL AGRICULTURAL. ALL RIGHT, SO HERE'S THE VICINITY OF THE PROJECT SITE. IT'S SURROUNDED BY ROW CROPS, ORCHARDS AND AGRICULTURAL STORAGE AND PROCESSING FACILITIES, ALL AG USES SURROUNDING THE SITE, WHICH ITSELF IS AG USE. SO HERE ARE THE SITE PLANS FOR THE PROPOSED EXPANSION. NOT ALL, I GUESS THIS IS OUT OF BATTERIES, SO NOT ALL OF THE BUILDINGS ARE GOING TO BE CONSTRUCTED AT ONCE. BUT BY THE END OF THE PROJECT, OVER THE COURSE OF SEVERAL YEARS, AS ECONOMIC CONDITIONS ALLOW, THIS WILL BE THE FINAL LAYOUT OF THE FOUR NEW SWEET POTATO STORAGE BUILDINGS. SO THE SECTIONS OF THE GENERAL PLAN THAT ARE RELEVANT TO THE PROJECT ARE LISTED HERE. GOAL LU-2 AIMS TO PRESERVE, PROMOTE AND EXPAND THE AGRICULTURAL INDUSTRY IN MERCED COUNTY AND GOAL AG-2 AIMS TO ENSURE THE LONG TERM PRESERVATION AND CONSERVATION OF LAND USED FOR PRODUCTIVE AGRICULTURE, POTENTIALLY PRODUCTIVE AGRICULTURAL LAND AND AGRICULTURAL SUPPORT FACILITIES. THIS PROJECT IS CONSISTENT WITH BOTH GOALS AND THE POLICIES INTENDED TO IMPLEMENT THEM. THE PROJECT SITE AND THE SURROUNDING AREA ARE ALL ZONED A-1 GENERAL AGRICULTURAL AND THE USE CONFORMS TO AND IS CONSISTENT WITH THE RULES AND REGULATIONS PERTAINING TO THAT ZONE. FOR ENVIRONMENTAL REVIEW, THE PROJECT WAS REVIEWED IN A PREPARED INITIAL STUDY NEGATIVE DECLARATION, WHICH IS ATTACHMENT B IN THE STAFF REPORT, WHERE IT WAS FOUND THAT THE PROJECT WOULD NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT. THE PROPOSED MITIGATION MEASURES HAVE BEEN INCLUDED IN THE CONDITIONS OF APPROVAL. MY APOLOGIES. THIS IS FOR THAT. THERE ARE NO MITIGATION MEASURES REQUIRED. MY APOLOGIES. SO PUBLIC COMMENT. THOSE OF THE PUBLIC HEARING WAS MAILED TO PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT SITE ON AUGUST 12, 2022 AND PUBLISHED IN THE MERCED SUN STAR ON AUGUST 12, 2022. NO COMMENTS WERE RECEIVED FROM THE PUBLIC. SO STAFF HAS TWO RECOMMENDATIONS. FIRST, MOTION TO ADOPT THE CEQA FINDINGS FOR THE ADOPTION OF A NEGATIVE DECLARATION AND MOTION TO APPROVE ADMINISTRATIVE APPLICATION NUMBER AA [00:05:09] 22-026. THIS CONCLUDES STAFF'S PRESENTATION AND I AM AVAILABLE FOR QUESTIONS. OK, ANY QUESTIONS FOR THE PC? AT THIS POINT IN TIME, I'D LIKE TO OPEN IT UP TO THE PUBLIC FOR ANY COMMENTS OR ANY CONCERNS MAY BE EXPRESSED AT THIS POINT IN TIME. SEEING NONE, I'M GOING TO CLOSE THE HEARING AND BRING IT BACK UP TO THE COMMISSION. ANY ADDITIONAL COMMENTS OR ANYTHING? NO. I GOT A MOTION ON THE SECRET DETERMINATION THAT THE PLANNING COMMISSION ADOPTS THE PROPOSED NEGATIVE DECLARATION FOR THE PROJECT PURSUANT TO SECTION 15, 074, CONSIDERATION AND ADOPTION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION OF THE CEQA GUIDELINES BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT. I HAVE A MOTION AND A SECOND. SECOND. I HAVE A MOTION AND A SECOND, ALL THOSE IN FAVOR. ALL THOSE OPPOSED. MOTION PASS. AND ON THE PROJECT. PUT THAT BACK UP. THE PLANNING COMMISSION APPROVES ADMINISTRATIVE APPLICATION NUMBER AA22-026 BASED ON THE FINDINGS IDENTIFYING THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL. SECOND. OK, HAVE A MOTION AND A SECOND ALL THOSE IN FAVOR. AYE. OPPOSED. THE MOTION PASSED. K. CAMERON, NUMBER TWO. ALRIGHTY. SO THE SECOND PROJECT FOR THIS PLANNING [6.II. 9:00AM Item B- CUP22-003- BRENDA LEE CONDITIONAL USE PERMIT No. CUP20-003 – BRENDA LEE] COMMISSION IS CONDITIONAL USE PERMIT APPLICATION NUMBER, CUP20-003 FOR BRENDA LEE THIS APPLICATION IS A REQUEST TO ESTABLISH A VENUE FOR UP TO 48 EVENTS PER YEAR, INCLUDING WEDDINGS, FUNDRAISERS, RECEPTIONS, REUNIONS, FESTIVALS AND FARM TO TABLE CLASSES. THE PROJECT SITE IS LOCATED ON THE EAST SIDE OF NORTH SNELLING ROAD, ADJACENT TO THE MERCED RIVER. IDENTIFIED AS APN 043-080-002 IN THE SNELLING AREA OF MERCED COUNTY. IT LIES JUST BEYOND THE BOUNDARY COVERED BY THE SNELLING MUNICIPAL ADVISORY COUNCIL. THE LAND IS DESIGNATED AGRICULTURAL LAND USE AND THE GENERAL PLANNED AND ZONED A TWO EXCLUSIVE AGRICULTURAL. HERE'S THE VICINITY OF THE PROJECT SITE. IT'S SURROUNDED BY LAND USED FOR SAND AND GRAVEL PRODUCTION. ROW CROPS, VACANT LAND AND THE MERCED RIVER AND SNELLING ROAD. THESE ARE THE SITE PLANS FOR THE PROPOSED EVENT CENTER, ALSO AVAILABLE AS EXHIBIT C IN THE STAFF REPORT. THE SECTIONS OF THE GENERAL PLAN THAT ARE RELEVANT TO THE PROJECT ARE AS FOLLOWS. GOAL LU-2 AIMS TO PRESERVE, PROMOTE AND EXPAND THE AGRICULTURAL INDUSTRY IN MERCED COUNTY AND AG2 AIMS TO ENSURE THE LONG TERM PRESERVATION AND CONSERVATION OF LAND USED FOR PRODUCTIVE AGRICULTURE, POTENTIALLY PRODUCTIVE AGRICULTURAL LAND AND AGRICULTURAL SUPPORT FACILITIES. THE PROJECT IS CONSISTENT WITH POLICY, LU-2.5 DISPLAYED HERE AS A RECOGNIZED AGRICULTURAL SUPPORT FACILITY AND MEETS ALL LISTED REQUIREMENTS THAT ARE SHOWN ON THIS SLIDE. GOAL AG-5 AIMS TO DEVELOP AND EXPAND AGRICULTURAL TOURISM IN MERCED COUNTY, PARTICULARLY ALONG HIGHWAYS. THE SITE IS LOCATED ON SNELLING ROAD, JUST SOUTH OF STATE ROUTE 59, WHICH FITS THE AIMS OF THE GOAL ALMOST TO A T . GOAL NR-1 AIMS TO PRESERVE AND PROTECT THROUGH COORDINATION WITH THE PUBLIC AND PRIVATE SECTORS, THE BIOLOGICAL RESOURCES OF THE COUNTY. THIS AND THE OTHER CONSERVATORY POLICIES ARE ACHIEVED WITH THE MITIGATION MEASURES TO BE DISCUSSED LATER. MITIGATION MEASURES AS WELL AS A SUGGESTED CONDITION OF APPROVAL FROM THE MERCED IRRIGATION DISTRICT DIRECTLY MITIGATE THE CONTAMINATION OF COUNTY WATER SOURCES IN THE AREA OF THE PROJECT SITE. MEETING THE REQUIREMENTS AND GOALS OF THE WATER ELEMENT OF THE MERCED COUNTY GENERAL PLAN. SO THE PROJECT SITE IS ZONED A-2, EXCLUSIVE AGRICULTURAL, WHICH MEANS THAT IT IS AN AREA OF MORE MEANT TO BE USED FOR MORE INTENSIVE AGRICULTURAL ENTERPRISES WITH LARGER MINIMUM PARCEL SIZES MEANT TO FACILITATE FARMING AND RANCHING OPERATIONS, AND A VARIETY OF OPEN SPACE FUNCTIONS THAT ARE TYPICALLY LESS DEPENDENT ON GOOD QUALITY [00:10:06] SOIL. OFTEN CONNECTED WITH FOOTHILL AND WETLANDS LOCATIONS, GRAZING AND PASTURE LANDS AND WILDLIFE HABITAT AND RECREATIONAL AREAS. IT BOTH FITS THE WETLANDS DESCRIPTION AND THE RECREATIONAL AREAS. RECREATIONAL AND WEDDING EVENT CENTERS ARE AN ALLOWED USE IN ALL AGRICULTURAL ZONES VIA A CUP. THE PROJECT WAS REVIEWED AND A PREPARED INITIAL STUDY MITIGATED NEGATIVE DECLARATION, WHICH IS ATTACHMENT B AND THE STAFF REPORT. IT WAS FOUND THAT ALTHOUGH THE PROPOSED PROJECT COULD HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT, THERE WILL NOT BE A SIGNIFICANT IMPACT IN THIS CASE BECAUSE OF REVISIONS IN THE PROJECT THAT HAVE BEEN MADE BY OR AGREED TO BY THE PROJECT PROPONENT. THE PROPOSED MITIGATION MEASURES HAVE BEEN INCLUDED IN THE CONDITIONS OF APPROVAL, AND THEY ARE AS FOLLOWS. MITIGATION MEASURE BIO-1 IS THAT THE PROJECT SHALL BE DESIGNED TO ENSURE THAT SETBACKS BETWEEN THE PROPOSED IMPROVEMENTS AND THE MERCED RIVER AND ASSOCIATED RIPARIAN HABITAT ARE PROVIDED. A MINIMUM SETBACK DISTANCE OF 100 FEET SHALL BE PROVIDED. ADDITIONALLY, THE PROJECT SHALL IMPLEMENT FURTHER MEASURES DURING CONSTRUCTION AND OPERATIONS. THESE FURTHER MEASURES CAN BE FOUND IN EXHIBIT A CONDITIONS OF APPROVAL AND INCLUDE A PROHIBITION ON THE USE OF POTENTIALLY CONTAMINATING MATERIALS OR GRADING WITHIN 100 FEET OF THE MERCED RIVER, WHICH SHALL BE FENCED OFF AT THE LIMITS OF CONSTRUCTION. MITIGATION MEASURES BIO TWO, BIO THREE AND BIO FOUR ARE ALL ESSENTIALLY THE SAME WITH EACH FOR A SPECIFIC CLADE OF A SPECIAL STATUS SPECIES, BE IT BIRDS, BATS OR THE SWINTON'S HAWK IN PARTICULAR. THESE MITIGATION MEASURES WERE ALL ADAPTED FROM SUGGESTED CONDITIONS OF APPROVAL SUBMITTED BY MERCED COUNTY ENVIRONMENTAL HEALTH INCLUDED IN THEIR AGENCY REVIEW OF THE PROJECT. AND THESE MEASURES ARE THAT THE PROJECT PROPONENT SHALL IMPLEMENT THE LISTED MEASURES WHICH CAN BE FOUND AGAIN IN THE CONDITIONS OF APPROVAL TO AVOID OR MINIMIZE IMPACTS ON SWAINSON'S HAWK, OTHER SPECIAL STATUS BIRD SPECIES AND SPECIAL STATUS BAT SPECIES RESPECTIVELY. MORE OR LESS, THE MEASURES INCLUDE JUST MAKING SURE A BIOLOGICAL SURVEY IS DONE BEFOREHAND TO BEFORE CONSTRUCTION STARTS TO MAKE SURE THAT NONE OF THESE SPECIES WHICH WERE NOT FOUND IN INITIAL REVIEW WOULD BE DISTURBED. SO MITIGATION MEASURE CLT ONE IS A STANDARD CONDITION FOR PROJECTS INVOLVING GRADING AND CONSTRUCTION. MORE OR LESS, IF ANY HUMAN REMAINS, BIOLOGICAL OR ARCHEOLOGICAL ARTIFACTS ARE DISCOVERED DURING THE PROJECT, CONSTRUCTION WILL BE HALTED WITHIN 50 FEET OF THE DISCOVERY, AND THE LISTED MEASURES SHALL BE IMPLEMENTED AGAIN IN CONDITIONS OF APPROVAL. MITIGATION MEASURES, GEO-1 AND GEO-2 ARE MORE STANDARD MEASURES JUST PRIOR TO GRADING. A GEOTECHNICAL EVALUATION SHALL BE PERFORMED THAT ANALYZES POTENTIAL FOR LATERAL SPREADING, SUBSIDENCE, LIQUEFACTION OR COLLAPSE, AND THAT ALL GRADING AND FOUNDATION PLANS FOR THE DEVELOPMENT SHALL BE ENGINEERED AND APPROVED BY PUBLIC WORKS. THESE THREE MITIGATION MEASURES SHALL ALL BE IMPLEMENTED AS PART OF THE PROCESS IN OBTAINING THE NECESSARY BUILDING PERMITS FOR THE PROJECT. MITIGATION MEASURES GEO-3, GEO-4 AND GEO-5 ARE ALL RELATED TO SEPTIC SYSTEMS AND MEETING PUBLIC HEALTH AND ENVIRONMENTAL HEALTH REQUIREMENTS. FINALLY, THERE'S MITIGATION MEASURE HYDRO ONE. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE PROJECT PROPONENT SHALL SUBMIT AN APPROVED STORM DRAINAGE PLAN. A MITIGATION MONITORING PROGRAM WAS INCLUDED IN THE NOTICE OF DETERMINATION FILED IN JULY THAT COVERS THE PROTOCOL FOR MAKING SURE THAT ALL OF THESE MITIGATION MEASURES ARE IMPLEMENTED. NOTICE OF THIS PUBLIC HEARING WAS MAILED TO PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT SITE ON AUGUST 12, 2022 AND PUBLISHED IN THE MERCED SUN STAR ON AUGUST 12, 2022. NO COMMENTS WERE RECEIVED FROM THE PUBLIC. STAFF HAS TWO RECOMMENDATIONS. MOTION TO ADOPT THE CEQA FINDINGS FOR THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MOTION TO APPROVE CONDITIONAL USE PERMIT APPLICATION NUMBER CUP20-003. THIS CONCLUDES STAFF'S PRESENTATION AND I AM AVAILABLE FOR QUESTIONS. [00:15:01] ANY QUESTIONS BY THE COMMISSION? SEEING NONE, AT THIS POINT IN TIME. I'LL OPEN IT UP TO HEARING TO THE AUDIENCE. ANYBODY HAVING ANYTHING TO ADD TO THE OR ANY COMMENTS AT THIS POINT IN TIME MAY DO SO. SEEING NONE. BRING IT BACK UP TO THE COMMISSION. WHAT'S YOUR PLEASURE? WELL, I'LL MAKE A MOTION ON THE CEQA THAT THE PLANNING COMMISSION ADOPTS TO PROPOSE MITIGATED NEGATIVE DECLARATION AND MITIGATION, MONITORING AND REPORTING PROGRAM FOR THE PROJECT PURSUANT TO SECTION 15 ZERO SEVEN FOR CONSIDERATION AND ADOPTION OF A NEGATIVE DECLARATION OR A MITIGATED NEGATIVE DECLARATION OF THE SCL GUIDELINES BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT. SECOND. OK, I HAVE A MOTION, AND SECOND, ALL THOSE IN FAVOR. AYE. OPPOSED. SEEING NONE, PASSED. ON THE PROJECT. I MOVE THE PLANNING COMMISSION APPROVES CONDITIONAL USE PERMIT APPLICATION NUMBER CUP 20-003 BASED ON THE FINDINGS IDENTIFYING THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL. SECOND. I HAVE A MOTION. AND A SECOND ALL THOSE IN FAVOR. AYE. OPPOSED. UNANIMOUS. OK AT THIS POINT IN TIME, COMMISSION ACTION ITEMS? NOTHING ADDITIONAL, SIR. DIRECTOR'S OF REPORT. NOTHING AT THIS TIME. ANY COMMENTS FROM THE COMMISSIONERS? SEEING NONE, MEETING'S ADJOURNED. * This transcript was compiled from uncorrected Closed Captioning.