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[00:00:01]

OKAY. GOOD MORNING. I'D LIKE TO CALL THIS MEETING OF THE MERCER COUNTY PLANNING COMMISSION FOR MARCH 8TH, 2023, TO ORDER.

[1. CALL TO ORDER]

COULD I HAVE PLEASE HAVE EVERYBODY STAND UP FOR THE PLEDGE OF ALLEGIANCE? I PLEDGE ALLEGIANCE TO THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

OKAY. COULD I PLEASE HAVE A ROLL CALL? . AND WE DO HAVE A QUORUM.

ALL RIGHT. THANK YOU. ITEM FOUR, APPROVAL OF MINUTES.

[4. APPROVAL OF MINUTES]

WE HAVE MINUTES FROM THE FEBRUARY 8TH MEETING.

I MOVE WE APPROVE THE MINUTES FROM FEBRUARY THE 8TH.

OKAY. WE HAVE A MOTION AND A SECOND THAT WE APPROVE THE MINUTES FROM THE FEBRUARY 8TH MEETING.

ALL THOSE IN FAVOR? AYE. CHAIR ALSO VOTES.

VOTES? AYE. ANY OPPOSED? MOTION CARRIED.

OKAY. ITEM FIVE CITIZEN COMMUNICATIONS.

THIS IS A POINT IN OUR MEETING WHERE ANYBODY WHO WOULD LIKE TO COME FORWARD AND SPEAK TO ANYTHING THAT'S UNDER THE PURVIEW OF THE PLANNING COMMISSION BUT NOT ON THE AGENDA TODAY CAN DO SO NOW. AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

OKAY. NOT SEEING ANY.

I WILL CLOSE THE CITIZENS COMMUNICATION AND COME TO OUR FIRST PUBLIC HEARING ITEM CUP22-009.

[6.I. ITEM A. CUP22-009-RENEWABLE AMERICA LLC-WEST TAMBO CLEAN POWER II SOLAR PROJECT PC PACKET]

AND WE HAVE OUR STAFF REPORT, PLEASE.

GOOD MORNING, COMMISSIONERS.

THE PROJECT BEFORE YOU TODAY IS CONDITIONAL USE PERMIT APPLICATION NUMBER CUP22-009.

THE WEST TAMBO CLEAN POWER TO SOLAR PROJECT FOR RENEWABLE AMERICA.

SO IT IS A REQUEST TO CONSTRUCT A TWO MEGAWATT ALTERNATING CURRENT PHOTOVOLTAIC SOLAR POWER GENERATION FACILITY TO INCLUDE THE INSTALLATION OF A 600 SQUARE FOOT EQUIPMENT, PAD, PV SYSTEM EQUIPMENT AND A MOUNTED TRANSFORMER AND VARIOUS ASSOCIATED SITE IMPROVEMENTS.

IT'S LOCATED AT THE NORTHEAST CORNER OF NORTH LINCOLN BOULEVARD AND WEST WESTSIDE BOULEVARD IN THE LIVINGSTON AREA, IDENTIFIED AS (APN)047-290-002. THE SITE IS DESIGNATED AGRICULTURAL LAND USE IN THE GENERAL PLAN AND ZONED A-1 GENERAL AGRICULTURAL.

HERE'S A VICINITY OF THE PROJECT SITE.

IT'S SURROUNDED BY LAND USED FOR ORCHARDS, ROW CROPS AND SCATTERED RURAL RESIDENCES.

THESE ARE THE SITE PLANS FOR THE PROPOSED FACILITY, ALSO AVAILABLE AS ATTACHMENT C IN THE STAFF REPORT.

THE PROJECT SITE TAKES UP APPROXIMATELY 8.5 ACRES OF A 36.9 ACRE PARCEL.

THE SECTIONS OF THE GENERAL PLAN THAT ARE RELEVANT TO THE PROJECT ARE AS FOLLOWS.

GOAL TWO AIMS TO PRESERVE, PROMOTE AND EXPAND THE AGRICULTURAL INDUSTRY IN MERCED COUNTY.

WITHIN THE SCOPE OF THIS GOAL, POLICY 2.7 ALLOWS FOR ENERGY PRODUCTION ON AGRICULTURAL LANDS, SUBJECT TO SOME PROVISIONS.

MITIGATION MEASURES THAT ENSURE COMPLIANCE WITH THIS POLICY CAN BE FOUND IN ATTACHMENT B AND WILL BE DISCUSSED DURING THE ENVIRONMENTAL REVIEW PORTION OF THE PRESENTATION.

ON TO THE AGRICULTURAL ELEMENT WITHIN GOAL AG-3, WE HAVE POLICY AG-3.11 WHICH ENCOURAGES THE INSTALLATION OF SOLAR FACILITIES IN AG LAND SUBJECT TO CERTAIN CRITERIA.

THE PROJECT WOULD NOT RESULT IN A TAX BURDEN TO THE COUNTY, WOULD NOT RESULT IN A WILLIAMS CONTRACT CANCELLATION AND WOULD NOT RESULT IN PERMANENT TRANSFER OF WATER RIGHTS ON AG LAND.

BIOLOGICAL AND AGRICULTURAL RESOURCE MITIGATION WILL AGAIN BE DISCUSSED DURING THE ENVIRONMENTAL REVIEW PORTION OF THE PRESENTATION.

THE PROJECT IS ZONED R1 GENERAL AGRICULTURAL.

THE ZONING DISTRICT THAT PROVIDES FOR INTENSIVE AGRICULTURAL OPERATIONS IN THE COUNTY.

WITHIN THE ZONING CODE.

WE HAVE SECTION 18 10020, WHICH ALLOWS FOR ENERGY GENERATION FACILITIES AS A USE ON LAND, ZONED A-1 WITH THE APPROVAL OF A CONDITIONAL USE PERMIT.

THE PROPOSED PROJECT MEETS ALL THE REQUIREMENTS REGARDING SETBACKS, SCREENING AND OTHER STANDARDS RELEVANT TO THE A-1 ZONE.

THE PROJECT WAS REVIEWED AND A PREPARED INITIAL STUDY MITIGATED NEGATIVE DECLARATION ALSO AVAILABLE AS IT SAYS ATTACHMENT B SHOULD BE ATTACHMENT D.

MY APOLOGIES IN THE STAFF REPORT WHERE IT WAS FOUND THAT ALTHOUGH THE PROPOSED PROJECT COULD HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT, THERE WILL

[00:05:03]

NOT BE SIGNIFICANT EFFECT IN THIS CASE BECAUSE REVISIONS IN THE PROJECT HAVE BEEN MADE OR AGREED TO BY THE PROJECT PROPONENT.

THE PROPOSED MITIGATION MEASURES HAVE BEEN INCLUDED IN ATTACHMENT B AND COMPLIANCE WITH THEM IS A SUGGESTED CONDITION OF APPROVAL IN ATTACHMENT A THEY ARE AS FOLLOWS, WITH MORE DETAILED REQUIREMENTS IN THE ATTACHMENT ITSELF.

FIRST, WE HAVE MITIGATION MEASURE AG-1, WHICH IS STANDARD AG MITIGATION, REQUIRING ONE OF SEVERAL OPTIONS TO BE CHOSEN WITH THE OPTION TO PAY INTO AN AG MITIGATION FUND BEING THE MOST COMMON.

MITIGATION MEASURES.

BIO ONE THROUGH BIO SIX INCLUDE STANDARD SURVEYING AND CONTINGENCIES RECOMMENDED BY THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE OR CDFW.

OF PARTICULAR NOTE ARE THE SPECIES SPECIFIC MEASURES FOR THE BURROWING OWL AND SWAINSON'S HAWK, TWO PROTECTED SPECIES THOUGHT TO BE EXTINCT THAT IS CURRENTLY RESIDING IN THE AREA, AND FOR WHICH THE SITE COULD PROVIDE POTENTIALLY SUITABLE FORAGING OR NESTING HABITAT.

BIO TWO PROVIDES FOR SURVEYS FOR THE BURROWING OWL COMPLETED IN ACCORDANCE WITH CDFW STANDARDS.

BIO THREE PROVIDES GUIDELINES ON AVOIDING NESTS THAT ARE DOCUMENTED, AND BIO FOUR REQUIRES COORDINATION WITH CDFW IF IT IS FOUND THAT AVOIDANCE IS INFEASIBLE.

BIO FIVE PROVIDES FOR SURVEYS FOR SWAINSON'S HAWK COMPLETED IN ACCORDANCE WITH DFW STANDARDS.

BIO SIX PROVIDES GUIDELINES ON PROCEEDING IN ACCORDANCE WITH CDFW IN THE EVENT THAT A SWAINSON'S HAWK NEST IS DISCOVERED.

MITIGATION MEASURES FOR AIR QUALITY AND NOISE INCLUDE STANDARD BEST MANAGEMENT PRACTICES FOR MITIGATING CONSTRUCTION IMPACTS, INCLUDING COMPLIANCE WITH STANDARDS SET FORTH IN THE ZONING CODE.

AG-1 THROUGH THREE PROVIDE PROVISIONS FOR MITIGATING DUST EMISSIONS AND OTHER POLLUTANTS THAT CAN RESULT FROM CONSTRUCTION ACTIVITY.

CR ONE IS THE STANDARD MITIGATION MEASURE THAT PROVIDES PROVISIONS FOR THE DISCOVERY OF HUMAN REMAINS OR OTHER ARCHEOLOGICAL OR PALEONTOLOGICAL RESOURCES. FINALLY, N ONE AND N TWO PROVIDE STANDARD PROVISIONS FOR MITIGATING CONSTRUCTION NOISE.

A COMMENT FROM CDFW WAS RECEIVED ON THURSDAY, MARCH 2ND, REQUESTING MITIGATION MEASURES BE ADDED TO MITIGATE POTENTIAL IMPACTS TO THE TRICOLORED BLACKBIRD. IN THE VEIN OF THE THREE TIERED MITIGATION MEASURES PROPOSED FOR THE BURROWING OWL.

THE COMMENT RESPONSE, DRAFTED ON MARCH 6TH, POINTS OUT THAT THE TRICOLORED BLACKBIRD HAS NOT BEEN RECORDED IN THE VICINITY SINCE 1935 AND IS CONSIDERED LOCALLY EXTIRPATED.

THAT IS NO LONGER OCCURRING IN THE LOCALE BY THE CALIFORNIA NATURAL DIVERSITY DATABASE.

ADDITIONALLY, WHILE THE SITE MAY PRESENT FORAGING HABITAT FOR THE TRICOLORED BLACKBIRD RECORDED, NESTING AND FORAGING BEHAVIOR IS ASSOCIATED WITH THE PRESENCE OF CATTAILS RUSHES AND OTHER MARSH PLANTS ALONG CANALS WHICH ARE NOT PRESENT AT THE SITE.

THE PROJECT MITIGATED NEGATIVE DECLARATION HAS BEEN REVISED TO REFLECT, WHILE NO SUITABLE NESTING HABITAT IS PRESENT WITHIN THE PROJECT SITE, THE SITE SUPPORTS SUITABLE FORAGING HABITAT AND NESTING TRICOLORED BLACKBIRD MAY HAVE THE POTENTIAL TO OCCUR WITHIN THE PROJECT VICINITY.

WITH THAT EXISTING MITIGATION MEASURE, BIO ONE WOULD STILL BE SUFFICIENT TO MITIGATE FOR THE TRICOLORED BLACKBIRD AND BIO ONE AGAIN WAS THE STANDARD SURVEYS FOR PROTECTED NESTING BIRD SPECIES.

NOTICE OF THE PUBLIC HEARING WAS MAILED TO PROPERTY OWNERS WITHIN 300FT OF THE PROJECT SITE ON FEBRUARY 17TH, 2023, AND PUBLISHED ON IN THE MERCED COUNTY TIMES A DAY PRIOR ON FEBRUARY 16TH.

NO COMMENTS WERE RECEIVED FROM THE PUBLIC.

STAFF HAS TWO RECOMMENDATIONS.

FIRST, MOTION TO ADOPT THE FINDINGS FOR THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND SUBSEQUENTLY MOTION TO APPROVE CONDITIONAL USE.

PERMIT NUMBER CUP22-009.

THIS CONCLUDES STAFF'S PRESENTATION AND I AM AVAILABLE FOR QUESTIONS.

ALL RIGHT. THANK YOU. DOES THE COMMISSION HAVE ANY QUESTIONS FOR STAFF? OKAY. NOT HEARING ANY AT THIS POINT.

WE'LL OPEN THE PUBLIC HEARING FOR THIS ITEM.

ANYBODY WOULD LIKE TO COME FORWARD AND SPEAK ABOUT THIS ITEM.

THEY CAN DO SO NOW. AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

OKAY. NOT SEEING ANY.

I WILL CLOSE THE PUBLIC HEARING FOR THIS ITEM AND COME BACK TO THE COMMISSION FOR DISCUSSION OR A MOTION.

[00:10:02]

I'LL MOVE ON THE CEQA THAT THE PLANNING COMMISSION ADOPT THE PROPOSED 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 MITIGATED NEGATIVE DECLARATION OF THE CEQA GUIDELINES BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT.

SECOND. OKAY.

WE HAVE A MOTION AND A SECOND ON THE CEQA.

ALL THOSE IN FAVOR? AYE.

THE CHAIR ALSO VOTES AYE. ANY OPPOSED? MOTION CARRIED.

AND FOR THE PROJECT I WOULD MOVE THAT THE EXCUSE ME.

PLANNING COMMISSION APPROVED CONDITIONAL USE PERMIT APPLICATION NUMBER CUP22-009.

BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.

SECOND. OKAY.

WE HAVE A MOTION AND A SECOND ON THE PROJECT.

ALL THOSE IN FAVOR? AYE. CHAIR ALSO VOTES AYE.

ANY OPPOSED? MOTION CARRIED. THANK YOU.

OKAY. NEXT ITEM UP.

[6.I.i. ITEM B. CUP22-018 / SPR22-009- THE ROMAN CATHOLIC BISHOP CHURCH OF FRESNO]

ITEM B, CUP22-018 AND SPR22-009.

OKAY. GOOD MORNING.

THANK YOU. CHAIRMAN ERRECA AND MEMBERS OF THE COMMISSION, BRIAN GUERRERO, DEVELOPMENT SERVICES COORDINATOR.

THIS FIRST PROJECT BEFORE YOU I'LL BE PRESENTING IS CONDITIONAL USE PERMIT NUMBER CUP22-018 SITE PLAN DESIGN REVIEW SPR22-009. THE APPLICANT IS THE ROMAN CATHOLIC BISHOP OF FRESNO.

THE REQUEST IS TO CONSOLIDATE EXISTING CLASSROOMS AND ADMINISTRATIVE OFFICES INTO ONE EXISTING BUILDING ON THE CHURCH CAMPUS.

ALSO TO DEMOLISH APPROXIMATELY 14,000FT² OF CLASSROOM AND ADMINISTRATIVE OFFICES AND ACCESSORY STRUCTURES AND CONSTRUCT A NEW 16,000 SQUARE FOOT MULTI-PURPOSE ROOM FOR A NEW NET SQUARE FOOTAGE INCREASE OF APPROXIMATELY 2000FT².

ALONG WITH THAT PROPOSAL, THEY'RE ALSO REQUESTING TO MAKE EXISTING OR EXCUSE ME, IMPROVEMENTS TO THE EXISTING CHAPEL.

UPDATED LANDSCAPING AND OTHER IMPROVEMENTS FOR CIRCULATION AND TRAVELING THROUGHOUT THE EXISTING CHURCH CAMPUS.

A LITTLE BIT OF BACKGROUND ON THE PROJECT SITE.

THE PROJECT SITE CONSISTS OF THE EXISTING CHURCH BUILDING, CLASSROOM ADMINISTRATIVE SERVICES OFFICES, EXCUSE ME, AND ACCESSORY STRUCTURES.

THE GENERAL PLAN DESIGNATION IS QUASI PUBLIC AND THE ZONING IS R-1 SINGLE FAMILY RESIDENTIAL.

THE PROJECT SITE IS LOCATED ON THE SOUTHWEST CORNER OF AMERICAN AVENUE AND CYPRESS STREET IN THE HILMAR COMMUNITY.

LOOKING AT THE PROJECT SITE AERIAL, WE CAN SEE THE EXISTING CHURCH CAMPUS AS WELL AS THE EXISTING FIELD ON THE SOUTH.

THE PROJECT SITE IS PRIMARILY SURROUNDED BY SINGLE FAMILY RESIDENTIAL USES SURROUNDING THE AREA.

LOOKING AT THE EXISTING EXISTING SITE PLAN, WE CAN SEE THE AREA HIGHLIGHTED IN RED IS WHERE MOST OF THE CONSTRUCTION AND DEMOLITION IS GOING TO OCCUR.

AS STATED, THERE'S GOING TO BE SOME DEMOLITION OF AN ADMINISTRATIVE BUILDING, SOME CLASSROOMS AS WELL AS ACCESSORY STRUCTURES LIKE A HALL AND A GARAGE AREA. THE AREA HIGHLIGHTED IN BLUE TO THE LEFT IS WHERE THOSE ADMINISTRATIVE OFFICES AND CLASSROOMS ARE GOING TO BE RELOCATED.

THIS ROOM WILL BE RENOVATED TO ACCOMMODATE THE CLASSROOMS AND THE ADMINISTRATIVE BUILDING.

SO AGAIN, TAKING A LOOK AT THE PROPOSED SITE PLAN.

THE AREA HIGHLIGHTED IN GREEN IS WHERE THE NEW 16,000 SQUARE FOOT PURPOSE BUILDING WILL BE LOCATED IN TERMS OF CONSISTENCY. STAFF HAS IDENTIFIED THE PROJECT TO BE CONSISTENT WITH THE LAND USE ELEMENT, SPECIFICALLY GOAL ONE, INCLUDING POLICIES 1.4 REGARDING URBAN COMMUNITIES AND POLICY.

1.7 REGARDING COMPACT DEVELOPMENT.

STAFF HAS DETERMINED THE PROJECT TO BE ALSO CONSISTENT WITH THE HILMAR COMMUNITY PLAN, SPECIFICALLY CHAPTER THREE THEIR LAND USE CHAPTER AND OBJECTIVE 3.0 POLICY 3.1 REGARDING IMPLEMENTATION MEASURES FOR THE HILMAR COMMUNITY PLAN.

IN TERMS OF ZONING CODE CONSISTENCY, AS PREVIOUSLY MENTIONED, THE PROJECT SITE IS ZONED R-1 SINGLE FAMILY RESIDENTIAL PLACES OF ASSEMBLY ARE ALLOWED IN THE R-1 ZONE WITH THE APPROVAL OF A CONDITIONAL USE PERMIT PER TABLE 2-3 IN THE MERCED COUNTY ZONING CODE.

THIS APPLICATION, WHILE NOT ESTABLISHING A NEW PLACE OF ASSEMBLY, THIS APPLICATION WOULD MEMORIALIZE THE PROPOSED REDEVELOPMENT OF THE PROJECT AND OF THE EXISTING

[00:15:03]

CHURCH. IN TERMS OF ENVIRONMENTAL REVIEW, THE PROJECT CAN BE FOUND EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTIONS 15302 REPLACEMENT OR RECONSTRUCTION AND SECTION 15303.

NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES OF THE GUIDELINES.

FINDING SUPPORTING THIS CONCLUSION MAY BE FOUND IN THE STAFF REPORT FOR YOUR REVIEW.

IN TERMS OF PUBLIC COMMENT, THE PROJECT WAS REFERRED TO PROPERTY OWNERS WITHIN 300FT ON FEBRUARY 24TH, 2023, AND PUBLISHED IN THE MERCED COUNTY TIMES ON FEBRUARY 16TH, 2023.

AS OF YESTERDAY, STAFF RECEIVED THREE LETTERS IN SUPPORT OF THE PROJECT.

THOSE LETTERS HAVE BEEN INCLUDED IN YOUR PACKET AS OF THIS MORNING.

YOU SHOULD HAVE A COPY OF THAT IF YOU'D LIKE TO REVIEW THAT.

NO OTHER COMMENTS WERE RECEIVED AS OF THE PREPARATION OF THE PRESENTATION BEFORE YOU.

FINALLY, STAFF HAS TWO RECOMMENDATIONS.

THE FIRST BEING THE SEQUA DETERMINATION STAFF RECOMMENDS THAT THE PLANNING COMMISSION FIND THE PROJECT EXEMPT FROM SEQUA UNDER SECTIONS 15302 REPLACEMENT OR RECONSTRUCTION AND SECTION 15303.

NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND FOR THE PROJECT STAFF RECOMMENDS THAT THE PLANNING COMMISSION APPROVE A CONDITIONAL USE PERMIT NUMBER CUP2022-018 AND SITE PLAN DESIGN REVIEW SPR22-009.

BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL AND THAT CONCLUDES STAFF'S PRESENTATION.

STAFF IS AVAILABLE FOR ANY QUESTIONS AS WELL AS THE APPLICANT.

THANK YOU. ARE THERE ANY QUESTIONS FOR STAFF FROM THE COMMISSION? OKAY, NOT HEARING ANY.

I WILL OPEN THE PUBLIC HEARING FOR THIS ITEM.

AND ANYBODY WHO'D LIKE TO COME FORWARD AND SPEAK TOWARDS THIS ITEM, THEY CAN DO SO NOW.

AND STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

OKAY. NOT SEEING ANY.

I WILL CLOSE THE PUBLIC HEARING ON THIS ITEM AND COME BACK TO THE COMMISSION FOR EITHER DISCUSSION OR A MOTION.

OKAY, I'LL MOVE THAT THE COMMISSION FIND THE PROJECT EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15 302 REPLACEMENT OR RECONSTRUCTION AND SECTION 15 303.

NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES GUIDELINES BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT.

SECOND. OKAY, WE HAVE A MOTION AND A SECOND.

ALL THOSE IN FAVOR? AYE. CHAIR ALSO VOTES AYE.

ANY OPPOSED? MOTION CARRIED. AND FOR THE PROJECT I MOVE THAT THE PLANNING COMMISSION APPROVES CONDITIONAL USE PERMIT NUMBER CUP22-018 SITE PLAN DESIGN REVIEW SPR22-009.

BASED ON THE FINDINGS IDENTIFYING THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.

SECOND, WE HAVE A MOTION AND A SECOND FOR THE PROJECT.

ALL THOSE IN FAVOR SAY AYE.

CHAIR ALSO VOTES AYE.

ANY OPPOSED MOTION CARRIED.

OUR NEXT ITEM. OUR NEXT ITEM.

[6.I.i.1. ITEM C. CUP22-019 - PACHACAMAC WIND LLC]

ITEM C CUP22-019.

OKAY. THANKS AGAIN, CHAIRMAN ERRECA AND MEMBERS OF THE COMMISSION.

THIS NEXT PROJECT BEFORE YOU IS A CONDITIONAL USE PERMIT.

NUMBER 22-019.

THE APPLICANT IS THE PACHACAMAC WIND LLC.

THE REQUEST IS TO INSTALL THREE 197 FOOT TALL OR 60 METER TALL METEOROLOGICAL TOWERS.

THE PURPOSE OF THE TOWERS IS TO COLLECT WIND SPEED AND OTHER METEOROLOGICAL DATA TO DETERMINE THE FEASIBILITY OF A FUTURE POTENTIAL WIND FARM PROJECT.

THE PROJECT IS TEMPORARY IN NATURE TO BE DECOMMISSIONED AFTER A PERIOD OF NO LONGER THAN THREE YEARS.

A LITTLE BACKGROUND ON THE PROJECT SITE.

IT'S ACTUALLY THREE DIFFERENT LOCATIONS.

APN069-020-002, -006 AND APN 069-210-001.

THE PROJECT SITES ARE GENERALLY LOCATED WEST OF I-5, NORTH OF THE SAN LUIS RESERVOIR IN THE FOOTHILLS OF THE COASTAL MOUNTAINS.

THE PROJECT SITE IS DESIGNATED DESIGNATED FOOTHILL PASTURE LAND USE DESIGNATION IN THE GENERAL PLAN AND IS ZONED A-2 EXCLUSIVE AGRICULTURAL IN OUR ZONING CODE. AN AERIAL VIEW OF THE PROJECT SITE YOU CAN SEE HERE.

GENERALLY, THE PROJECT IS LOCATED AGAIN WEST OF I-5 IN THE FOOTHILLS AND NORTH OF THE SAN LUIS RESERVOIR.

A COUPLE OF SAMPLE PHOTOS FOR WHAT THESE TOWERS ARE GOING TO LOOK LIKE.

AGAIN, THEY'RE TEMPORARY IN NATURE, BUT WE CAN SEE THEY'RE APPROXIMATELY 60M TALL AND THEY ARE APPROXIMATELY 18 TO 24IN IN WIDTH.

[00:20:02]

SO IT'S A VERY SMALL FOOTPRINT AT EACH LOCATION.

IN TERMS OF CONSISTENCY, STAFF HAS FOUND THE PROJECT TO BE CONSISTENT WITH THE LAND USE ELEMENT OF THE GENERAL PLAN, SPECIFICALLY GOAL TWO AND POLICY 2.7 IN REGARDS TO RURAL ENERGY PRODUCTION AS WELL AS THE AGRICULTURAL ELEMENTS, SPECIFICALLY GOAL AG-3 AND POLICY AG-3.11 REGARDING SOLAR AND WIND ENERGY PRODUCTIONS IN THE AGRICULTURAL AREAS.

AND IN TERMS OF THE ZONING CODE, AGAIN, THE PROJECT SITES ARE ZONED A-2 EXCLUSIVELY.

EXCLUSIVE AGRICULTURAL ENERGY GENERATION PROJECTS ARE ALLOWED IN SECTION 18.100.020.

TABLE 2-1 OF THE CODE SUBJECT TO CONDITIONAL USE PERMITS.

THE PROJECT MAY BE FOUND EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTIONS 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES AND 15306 INFORMATION COLLECTION OF THE GUIDELINES.

AGAIN, FINDINGS SUPPORTING THIS CONCLUSION MAY BE FOUND IN THE STAFF REPORT.

NOTICE OF THE PUBLIC HEARING WAS MAILED TO PROPERTY OWNERS WITHIN 300FT OF THE PROJECT SITE ON FEBRUARY 24TH, 2023, AND PUBLISHED IN THE MERCED COUNTY TIMES ON FEBRUARY 16TH, 2023. NO COMMENTS FOR THESE PROJECT WERE RECEIVED AS OF THE PREPARATION OF THIS PRESENTATION.

FINALLY, STAFF HAS TWO RECOMMENDATIONS FOR THE COMMISSION.

THE FIRST IS THE SEQUA DETERMINATION STAFF RECOMMENDS THE PLANNING COMMISSION FIND THAT THE PROJECT EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTIONS 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES AND 15306 INFORMATION COLLECTION OF THE GUIDELINES BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT.

AND STAFF RECOMMENDS FOR THE PROJECT THAT THE PLANNING COMMISSION APPROVE CONDITIONAL USE PERMIT CUP22-019 BASED ON THE FINDINGS IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.

AND THIS CONCLUDES STAFF'S PRESENTATION.

I'M AVAILABLE FOR QUESTIONS AND SO IS THE APPLICANT PRESENT HERE TODAY? OKAY. THANK YOU. ANY QUESTIONS FOR STAFF FROM THE COMMISSION? OKAY. NOT SEEING ANY.

I WILL OPEN THE PUBLIC HEARING FOR THIS ITEM AND ANYBODY WOULD LIKE TO COME FORWARD AND SPEAK TO THIS ITEM.

THEY CAN DO SO NOW. AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

NOT SEEING ANY. I WILL CLOSE THE PUBLIC HEARING FOR THIS ITEM AND COME BACK TO THE COMMISSION FOR DISCUSSION OR A MOTION.

OKAY, I'LL MOVE THAT.

WE FIND THE PROJECT EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES.

AND 15306 INFORMATION COLLECTION OF THE GUIDELINES BASED ON THE FINDINGS, INCLUDING IN THE STAFF REPORT.

SECOND. OKAY.

WE HAVE A MOTION AND A SECOND FOR THE SECRET DETERMINATION.

ALL THOSE IN FAVOR? AYE. CHAIR ALSO VOTES.

AYE. ANY OPPOSED MOTION CARRIED.

FOR THE PROJECT, THE PLANNING COMMISSION APPROVES CONDITIONAL USE PERMIT NUMBER CUP22-019.

BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.

SECOND. OKAY.

WE HAVE A MOTION AND A SECOND FOR THE PROJECT.

ALL THOSE IN FAVOR? AYE. CHAIR ALSO VOTES AYE.

ANY OPPOSED? MOTION CARRIED.

OKAY. ITEM SEVEN COMMISSION ACTION ITEMS. NOTHING ADDITIONAL FOR THE COMMISSION TODAY.

[8. DIRECTOR'S REPORT]

ITEM EIGHT DIRECTOR'S REPORT. I'VE GOT FOUR QUICK, I THINK FOUR QUICK UPDATES.

I DO WANT TO TAKE A MOMENT TO ACKNOWLEDGE BOTH BOTH CAMERON CHRISTIE AND BRIAN GUERRERO FOR THEIR WORK IN EACH OF THE ITEMS TODAY.

SO THANK YOU, BRIAN AND CAMERON.

I DO WANT TO TO TO ADVISE THE PLANNING COMMISSION THAT THAT TIFFANY HO HAS BEEN PROMOTED TO THE DEPUTY DIRECTOR OF PLANNING POSITION THAT WAS EFFECTIVE, I THINK IT WAS LAST MONDAY.

AND SO SHE IS NOW IN A NEW ROLE.

AND SO SHE WILL BE SHE'LL BE WORKING WITH THE COMMISSION A LITTLE BIT DIFFERENTLY PROSPECTIVELY.

SO CONGRATULATIONS TO TIFFANY.

VERY WELL DESERVED.

CERTAINLY WANT TO ACKNOWLEDGE MR. SPYCHER, WHO IS SPENDING SOME SOME GOOD TIME WITH HIS WIFE.

THEY ARE CELEBRATING THEIR 33RD YEAR OF MARRIAGE.

SO JUST GIVE HIM A HIGH FIVE WHEN WHEN HE RETURNS.

KURT'S HAVING FUN, I'M SURE, WITH HIS WIFE, SHIRLEY.

AND THEN LASTLY, MORE, THIS IS JUST A BIT OF CAUTION AND ENCOURAGING EACH OF YOU AND THE GENERAL PUBLIC TO JUST PLEASE BE SAFE IN THE DAYS AHEAD. WE DO HAVE SOME MORE INCLEMENT WEATHER COMING.

AND SO AS EVERYONE IS WELL AWARE, WE'VE BEEN SIGNIFICANTLY IMPACTED IN A NUMBER OF OUR COMMUNITIES, NOTABLY PLANADA MCSWAIN AND OTHERS.

BUT THOSE ARE THE TWO PRIMARY AREAS WHERE WE SUFFERED SOME SIGNIFICANT DAMAGE DURING THE THE THE STORM EVENT OF OF EARLY JANUARY.

WE DO EXPECT SOME WEATHER TO TO ARRIVE TOMORROW NIGHT.

IT'S GOING TO BE ACCOMPANIED BY SOME WINDS.

THE STORM WILL PUSH OUT, AS I UNDERSTAND, ABOUT SUNDAY.

SO THERE COULD BE SOME SOME SIGNIFICANT FLOODING AGAIN.

[00:25:03]

SO WE'VE GOT TO TAKE ALL PRECAUTIONARY STEPS TO KEEP YOURSELVES AND YOUR FAMILIES AND OUR COMMUNITIES SAFE.

SO PLEASE, PLEASE BE VERY MINDFUL OF THAT.

MR. CHAIRMAN, THAT'S ALL I HAVE. THAT'S ALL I HAVE THIS MORNING.

ALL RIGHT. THANK YOU. ANY COMMISSIONERS COMMENT? NOT HEARING ANY. I WILL ADJOURN.

THANK YOU. THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.