Mar 22, 2023 Planning Meetings

ALL RIGHT. GOOD MORNING AND WELCOME TO THE MERCED COUNTY PLANNING COMMISSION MEETING FOR MARCH 22ND, 2023.

[00:00:06]

CAN WE HAVE A ROLL CALL, COMMISSIONERS, PLEASE? AND WE DO HAVE A QUORUM.

ALL RIGHT. THANK YOU. OKAY.

[4. APPROVAL OF MINUTES]

WE HAVE MINUTES PRESENTED.

MOVE TO APPROVE. SECOND.

WE HAVE A MOTION AND A SECOND TO APPROVE THE MINUTES.

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

ANY OPPOSED? MOTION CARRIED.

OKAY. ITEM FIVE CITIZEN COMMUNICATIONS.

THIS IS THE POINT IN OUR MEETING WHERE ANYBODY WOULD LIKE TO COME FORWARD AND SPEAK TO THE PLANNING COMMISSION REGARDING ANYTHING THAT'S NOT ON THE AGENDA TODAY CAN DO SO NOW.

AND IF YOU DO, PLEASE COME.

PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

OKAY. NOT SEEING ANY. I WILL CLOSE THE PUBLIC HEARING AND GO TO OUR FIRST ITEM ITEM.

[6.I. Item VI. A Conditional Use Permit No. CUP22-005 / Site Plan & Design Review No. SPR20-004 - BA Acquistion]

THANK YOU. GOOD MORNING, COMMISSIONERS.

MY NAME IS TIFFANY HO, DEPUTY DIRECTOR OF PLANNING, AND I WILL BE PRESENTING CONDITIONAL USE PERMIT NUMBER CP 22-220 OR 22-005 SITE PLAN AND DESIGN REVIEW NUMBER SPR20-004 FOR BA ACQUISITION. THIS PROJECT IS ALSO KNOWN AS THE I FIVE SULLIVAN ROAD GAS STATION PROJECT.

THE APPLICANT IS REQUESTING TO CONSTRUCT A GAS STATION WITH GASOLINE, HYDROGEN FUEL AND ELECTRIC VEHICLE CHARGING, AS WELL AS A CONVENIENCE STORE ON AN APPROXIMATELY 5.97 ACRE PARCEL.

THE CONVENIENCE STORE WOULD BE APPROXIMATELY 4900FT² AND INCLUDE THE SALE OF FOOD, BEVERAGES, BEER AND WINE.

THE PROJECT SITE IS LOCATED ON THE SOUTHEAST CORNER OF SULLIVAN ROAD, WHICH BECOMES HIGHWAY 140 AND INTERSTATE FIVE IN THE GUSTINE AREA. THIS SLIDE SHOWS THE PROJECT SITE HIGHLIGHTED IN RED WITH THE VICINITY AND THE SURROUNDING AREA.

AS YOU CAN SEE, MOST OF THE AREA IS NATURAL, BUT THE ADJACENT USES TO THE PROJECT SITE ARE DEVELOPED.

HERE IS A CLOSE UP AERIAL VIEW OF THE PROJECT SITE, AGAIN HIGHLIGHTED IN RED.

THE SITE HAS SOME DISTURBED AREAS WHERE THERE USED TO BE A GAS STATION THAT WAS DEMOLISHED IN 2018.

THERE ARE SOME EXISTING INFRASTRUCTURE FROM THAT GAS STATION, INCLUDING AN EXISTING WELL AND TWO DRIVEWAYS OFF OF HIGHWAY 140.

SURROUNDING THE USES AGAIN ARE OTHER HIGHWAY ORIENTED COMMERCIAL USES.

ACROSS THE STREET IS AN AUTO REPAIR SHOP AND THEN TO THE NORTH AND THE EAST ARE TWO GAS STATIONS.

ONE IS SINCLAIR AND ONE IS CHEVRON.

HERE IS A SLIDE OF THE PROPOSED SITE PLAN.

YOU CAN SEE THAT THE AREA WILL BE IMPROVED, MOSTLY WHERE THAT OLD GAS STATION WAS.

AND THEN THE REST OF THE ACREAGE WILL BE USED FOR A RETENTION BASIN AND LEACH FIELDS.

THIS SITE PLAN IS ATTACHED TO YOUR STAFF REPORT AS ATTACHMENT B.

HERE ARE SOME RENDERINGS PROVIDED BY THE APPLICANT WHICH SHOW HOW THE GAS STATION WILL LOOK LIKE ONCE IT'S BUILT.

THIS IS THE FRONT ENTRANCE FROM HIGHWAY 140.

HERE'S ANOTHER VIEW OF THE FRONT ENTRANCE WHERE YOU CAN ALSO SEE THE FREEWAY ORIENTED SIGNAGE TO THE LEFT OR TO THE RIGHT.

EXCUSE ME. AND HERE IS THE PARKING LOT WITH SOME EV CHARGING STATIONS.

THE PROJECT SITE IS DESIGNATED COMMERCIAL OR GENERAL, COMMERCIAL AND AGRICULTURAL, AND THE AGRICULTURAL PORTIONS WILL NOT BE DEVELOPED WITH ANY COMMERCIAL USES.

IT'LL BE DEVELOPED WITH A DRAINAGE BASIN AND THE LEACH FIELDS.

THERE ARE NO SPECIFIC GENERAL PLAN POLICIES REGARDING GENERAL COMMERCIAL DESIGNATIONS, BUT THERE ARE SOME POLICIES ABOUT HIGHWAY INTERCHANGE, COMMERCIAL, WHICH IS WHAT THE SITE IS ALSO ZONED AS.

AND SO THE PROJECT IS CONSISTENT WITH THAT GOAL.

DASH SIX, WHICH REFERS TO HIGHWAY INTERCHANGE CENTERS, WHICH IS TO PROVIDE DEDICATED COMMERCIAL AREAS THAT SERVE THE NEEDS OF TRAVELING PUBLIC WHILE BALANCING COUNTYWIDE CIRCULATION AND OTHER COUNTY NEEDS.

THE PROJECT SITE IS ZONED HIGHWAY, COMMERCIAL OR HIC AND VEHICLE SERVICE STATIONS ARE PERMITTED BY RIGHT IN THIS ZONE.

ALCOHOL BEVERAGE SALES ARE PERMITTED BY ADMINISTRATIVE PERMIT AND THE NEW CONVENIENCE STORES THAT ARE WITHIN EXISTING WITHIN PROXIMITY OF EXISTING STORES NEED TO BE PERMITTED

[00:05:08]

THAT'S WHY THIS PROJECT IS BEING PERMITTED AS A CONDITIONAL USE PERMIT.

STAFF HAS REVIEWED THIS PROJECT TO BE CONSISTENT WITH ALL THE DEVELOPMENT STANDARDS IN THE ZONING CODE, INCLUDING LANDSCAPING OFF STREET PARKING PERFORMANCE STANDARDS AND SIGN REGULATIONS.

IN TERMS OF ENVIRONMENTAL REVIEW, THE PROJECT WAS STUDIED UNDER INITIAL STUDY AND IT WAS FOUND THAT A NEGATIVE DECLARATION COULD BE MADE.

THE PROJECT ENVIRONMENTAL DOCUMENT WAS CIRCULATED ON FEBRUARY 10TH, ENDING IN MARCH 10TH.

THE PROJECT INITIAL STUDY SAID THAT THERE WERE NO IMPACTS OR LESS THAN SIGNIFICANT IMPACTS DUE TO COMPLIANCE WITH STATE, LOCAL AND FEDERAL PERMITS AND REGULATIONS.

AND THEN WE DID RECEIVE ONE COMMENT LETTER FROM THE STATE WATER RESOURCES REGARDING THAT INITIAL STUDY, NEGATIVE DECLARATION, WHICH REALLY TALKED TO CONCERNS ABOUT THE HYDROLOGY.

WELL TESTING, GROUNDWATER AND DRINKING QUALITY, THE PERMITTING AUTHORITY AND THEN THE REFERENCE TO THE MITIGATION MEASURES.

THERE WILL BE REVISIONS TO THE INITIAL STUDY AS PROVIDED BY THE EXACT TEXT ON PAGE SIX OF THE STAFF REPORT FOR PUBLIC COMMENTS.

WE DID NOTICE THIS PUBLIC HEARING WITHIN THE MERCED COUNTY TIMES ON MARCH 9TH AND THEN MAILED TO PROPERTY OWNERS WITHIN 300FT OF THE PROJECT SITE ON MARCH 10TH OR 16TH OR FEBRUARY.

SORRY, EXCUSE ME.

THERE IS A TYPO ON THERE.

IT SHOULD BE MARCH 10TH AND THEN MERCED COUNTY TIMES ONE COMMENT LETTER WAS RECEIVED CONCERNING ABOUT IMPACTS ON EXISTING WELL FOR THEIR SITE. THEY SAID THAT THEY OBSERVED THAT THERE WAS ONLY 60FT OF WATER WITHIN THE STRATA AND THAT THE EXISTING WELL WOULD BE IMPACTED AND THEY WOULD HAVE TO BRING IN WATER FROM OUTSIDE.

STAFF DID CONSULT WITH THE DIVISION OF ENVIRONMENTAL HEALTH AND THE WATER RESOURCES DIVISION IN THE COMMUNITY ECONOMIC DEVELOPMENT DEPARTMENT AND FOUND THAT THE EXISTING WELL WOULD HAVE MINIMAL IMPACTS TO THE NEIGHBORING WELL, THIS IS BECAUSE OF THE DESIGN OF THE WELL ITSELF IS DESIGNED AS A DOMESTIC WELL, WHICH MEANS THAT THERE CANNOT BE AS MUCH EXTRACTION AS WELL AS POWER OF EXTRACTION TO AFFECT NEIGHBORING WELLS.

ADDITIONALLY, URBAN USES HAVE VERY MINIMAL IMPACT TO THE WATER, AND IT'S MORE ABOUT AGRICULTURAL USES THAT WOULD IMPACT WATER IN A STRATA.

STRATA REFERS TO THE LAYER OF WHERE THE WATER IS LOCATED.

ADDITIONALLY, WITH IMPLEMENTATION OF THE GROUNDWATER SUSTAINABILITY PLAN, WATER SHOULD BE MAINTAINED AND THAT IF THE WATER WERE TO DIP IN A SENSE THAT YOU WOULD SEE A DIFFERENCE IN THAT 60FT WATER WITHIN THAT LAYER, THEN THE STATE WOULD STEP IN AND MANAGE THE WATER CONTROL WATER LEVELS. GIVEN THIS INFORMATION, STAFF HAS TWO RECOMMENDATIONS.

FIRST, STAFF RECOMMENDS THAT THE PLANNING COMMISSION ADOPT THE NEGATIVE DECLARATION FOR THE PROJECT, AND THEN SECONDLY, STAFF RECOMMENDS THAT THE PLANNING COMMISSION APPROVE CONDITIONAL USE PERMIT CP 20 2-005 AND THE SITE PLAN DESIGN REVIEW NUMBER SPR 20 004.

THIS CONCLUDES STAFF'S PRESENTATION.

IF YOU HAVE ANY QUESTIONS, STAFF CAN ANSWER THEM NOW.

ALL RIGHT. THANK YOU. ARE THERE ANY QUESTIONS FOR STAFF FROM THE COMMISSION? I GOT ONE. JUST WHAT DOES THAT LOOK LIKE? IF THE WATER DROPS BELOW A CERTAIN LEVEL AND THE GOVERNMENT COMES IN TO MANAGE THE WELLS, I MEAN, WHAT DOES THAT MEAN? SO THE GROUNDWATER SUSTAINABILITY AGENCIES REALLY, THEY HAVE FORMULATED A PLAN CALLED THE GROUNDWATER SUSTAINABILITY PLAN THAT LISTS A BUNCH OF MITIGATION IMPLEMENTATION PROGRAMS THAT ARE TO MAINTAIN THE PRACTICES OF THAT MAINTAIN GROUNDWATER LEVELS.

SO THEY SUBMIT THOSE PLANS TO THE STATE, THE STATE EVERY YEAR.

AND THEN THERE'S A LARGER UPDATE THAT GETS SENT TO THE STATE AS WELL.

SO IF THERE ARE CHANGES, THEY WILL REQUIRE THE GSA'S THAT ARE LOCAL AGENCIES TO FIGURE OUT DIFFERENT MITIGATION MEASURES AND DIFFERENT PROGRAMS. THAT'S HOW THE STATE STEPS IN.

HERE WE GO. YOU GET YOUR WATER.

OKAY. ANY OTHER QUESTIONS FOR STAFF? OKAY. NOT HEARING ANY.

I WILL OPEN THE PUBLIC HEARING FOR THIS ITEM.

I WOULD LIKE TO COME FORWARD AND SPEAK TOWARDS THIS ITEM.

PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

JEFF SOUZA TASB.

GOOD MORNING. ALEX CUEVAS WITH AGC DESIGN CONCEPT.

I REPRESENT THE ARCHITECTURAL ENGINEERING FIRM FOR THE PROJECT AND ALSO MY CLIENT.

I'M JUST HERE TO ANSWER ANY QUESTIONS OR CONCERNS THAT YOU MIGHT HAVE.

[00:10:04]

WE ONLY HAVE TWO RESTROOMS AND WE DON'T HAVE ANY FAST FOOD INSIDE.

AND LIKE TIFFANY WAS POINTING OUT, THIS IS OUR WELL IS NOT GOING TO IMPACT THEIR WELL.

WE HAVE OUR WELL THERE 60FT.

THAT'S A FACT. WHAT THEY HAVE TODAY.

THE ISSUE THAT THEY HAVE TODAY AND IT'S REALLY NOT AN ISSUE BECAUSE GAS STATIONS DON'T USE THAT MUCH WATER.

SO IN THE EVENT OF WATER WELLS, THEY HAVE A LIFESPAN.

THEY'RE NOT GOOD FOR LIFE.

THEY THEY DIE.

AND THAT HAPPENS EVERYWHERE.

SO WHEN THAT TIME COMES, THEY WILL HAPPEN TO THE NEIGHBOR, THE OTHER ONE, AND SO ON.

THE MEASURES WILL BE TAKEN FAR AS DIGGING A DEEPER WELL OR HAVING ANOTHER WELL ON THE SAME PROPERTY FOR AS FAR AS THE EXACT AMOUNT OF WATER THAT WE USE, I COULD NOT TELL YOU, BUT IT IS VERY MINIMUM BECAUSE THERE'S ONLY TWO RESTROOMS. THIS IS NOT LIKE A HOTEL OR SOMETHING LIKE THAT OR A CAR WASH FOR THAT MATTER.

EVEN CAR WASHES NOW EVERYTHING IS RECYCLED.

ANYTHING ELSE? NO, THANK YOU.

THANK YOU. WOULD ANYONE ELSE LIKE TO COME FORWARD AND SPEAK TO THE SIDE? GOOD MORNING, EVERYBODY. SO MY NAME IS JEFF SOUZA.

I'M ONE OF THE OWNERS OF THE EXISTING SERVICE STATIONS THAT ARE THERE RIGHT NOW, WHICH WAS ORIGINALLY OWNED BY MY FATHER IN LAW, MARION SANTOS.

I DON'T KNOW IF YOU'VE HEARD OF HIM, BUT HE'S GOT A FEW BUSINESSES HERE IN MERCED COUNTY.

SO REASON I'M HERE IS WATER.

AND THAT'S I SENT THE EMAIL, SO I TALKED TO MIKE MERRIMAN YESTERDAY FOR DOS WELL DRILLING AND THEIR SERIOUS CONCERNS ABOUT THE WATER THAT'S THERE HAS BEEN, YOU KNOW, BECAUSE WE'VE BEEN IN A TEN YEAR DROUGHT, BUT WE'RE CONSERVATIVELY THINKING THAT WE'RE AT 60FT JUST BY JUDGING BY THE AMOUNT OF RAIN WE GOT THIS YEAR.

BUT WE GOT AS LOW AS 30 ABOUT TWO YEARS BACK.

AND SO I CALLED MIKE AND I SAID, HEY, MIKE, WE'RE PULLING UP SOME SAND HERE.

CAN WE PUNCH IN OUR WELL? AND HE GOES, NO, THERE'S NO PUNCHING, NO MORE WELLS.

WHERE YOU'RE AT IS WHERE YOU'RE AT.

YOU'RE AT 300FT, YOU'RE MAXED OUT.

THERE'S NO GOOD WATER BELOW THAT.

SO I KNOW THAT WELLS GO DRY.

WE'VE BEEN AROUND THE BLOCK.

WE'RE HERE IN MERCED COUNTY, AND I'VE TALKED TO THESE GUYS BEFORE AND TOLD THEM WATER IS PRECIOUS IN MERCED COUNTY.

IF I DON'T HAVE WATER AND I'M SELLING GAS FOR $0.20 A GALLON AND I'M TRUCKING WATER IN FOR $0.50 A GALLON, THEN I JUST IT'S REDUNDANT.

SO THE MAIN THING IS, IS I TALKED TO MIKE AS OF YESTERDAY, TOLD HIM, HEY, MIKE, THERE'S A PROPOSITION TO PUT A STATION IN NEXT TO US.

AND HE SAYS, YOU KNOW, I WOULD DEFINITELY GO TO THE COUNTY AND TELL THEM THAT YOU'RE PROBABLY GOING TO HAVE SOME ISSUES THERE.

ONLY GOD KNOWS WHEN IT'S A WET YEAR.

THIS YEAR, HE SAID IT COULD BE THREE YEARS FROM NOW, TEN YEARS FROM NOW, BUT YOU'RE GOING TO HAVE AN ISSUE AND THERE IS NO MORE DRILLING OF A DEEPER WELL GOING IN A DIFFERENT SPOT. WE'RE LANDLOCKED.

SO HE SAID WATER QUALITY IS DEFINITELY GOING TO BE AN ISSUE AND YOU'RE DEFINITELY GOING TO HAVE AN ISSUE GETTING WATER IN THE NEAR FUTURE.

SO THAT'S WHAT I'M HERE TO TELL YOU GUYS.

TAKE INTO CONSIDERATION.

I'M ALL FOR ENTREPRENEURSHIP, BRINGING STUFF INTO MERCED COUNTY, BUT MY FATHER IN LAW'S BEEN THERE SINCE THE 70S AND WE'VE BEEN PUTTING IN SALES TAX MONEY, FIVE DIFFERENT BUSINESSES SINCE THE 70S.

SO IF YOU GUYS TAKE THAT INTO CONSIDERATION TOO, I'D HATE TO BUILD A NEW PLACE TO DRY UP AN EXISTING PLACE THAT'S BEEN THERE FOR 50 YEARS.

SO THANK YOU.

ALL RIGHT. THANK YOU. SO ANYBODY ELSE WOULD LIKE TO COME FORWARD AND SPEAK TOWARDS THIS ITEM? OKAY. NOT SEEING ANY.

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

I MEAN, WHAT DO YOU THINK ABOUT THE WATER? WE BASKET, HUH? WHO WERE YOU ASKING, MR. CHAIRMAN? MR. CHAIRMAN, MEMBERS OF THE COMMISSION.

MAYBE IF I COULD ASK FOR A QUICK FAVOR.

I'M GOING TO ASK ADRIEL RAMIREZ.

ADRIEL HAS BEEN OUR ONE OF OUR RECOGNIZED EXPERTS IN OUR ORGANIZATION DEALING WITH A HOST OF BOTH GROUNDWATER AS WELL AS AS WELL PERMITTING ISSUES FOR THIS COUNTY FOR FOR QUITE SOME TIME.

AND MAYBE ADRIEL CAN PROVIDE SOME ADDITIONAL CONTEXT TO TO MAYBE GIVE THE COMMISSION A LITTLE BIT OF A LITTLE BIT OF MAYBE AN EASIER PATH.

THANK YOU FOR HAVING ME, EVERYONE.

[00:15:02]

YOU KNOW, AND IN TALKING TO MIKE MERRIMAN, YOU KNOW, THERE IS TRUTH IN THAT THAT UPPER LAYER, 300FT IN THAT AREA IS ABOUT AS DEEP AS YOU CAN GO TO ACCESS WATER.

YOU KNOW, GOOD WATER BEARING STRATA THAT IS BOTH, YOU KNOW, PRODUCTIVE IN TERMS OF THE AMOUNT OF GALLONS YOU CAN PRODUCE.

AND THEN WATER QUALITY, AS I'M SURE YOU'RE AWARE, THERE'S NOT A WHOLE LOT OF DEVELOPMENT IN I5.

WE'VE HAD WELLS KIND OF UP AND DOWN TEST WELLS GOING AT 1000FT AND JUST, YOU KNOW, NOT HIT ANY WATER PRODUCING STRATA.

SO REALLY, YOU KNOW, IT'S ABOUT MAINTAINING THAT EXISTING STRATA AT 300FT AND THAT IS THE RESPONSIBILITY OF THE GROUNDWATER SUSTAINABILITY AGENCIES.

IT'S IN LAW UNDER THE SUSTAINABLE GROUNDWATER MANAGEMENT ACT THAT, YOU KNOW, THAT STRATA, WHICH IS THE AQUIFER THAT'S PRODUCING, NEEDS TO BE SUSTAINABLE ALL BY 2040 AND NEEDS TO REMAIN SUSTAINABLE AFTER THAT.

SO AS TIFFANY MENTIONED, YOU KNOW, THESE ARE AGENCIES THAT ASSESS WATER LEVEL, THAT ASSESS WATER LEVEL DATA IN THE AREA ON A ROUTINELY BASIS.

AND IF THEY START TRENDING THE WRONG WAY, IT TRIGGERS MITIGATION MEASURES.

AND, YOU KNOW, ULTIMATELY, WORST CASE SCENARIO, THE STATE COULD COME IN AND CURTAIL, YOU KNOW, A LOT OF THE AGRICULTURAL PUMPING IN THE AREA TO PREVENT FROM WATER LEVELS DROPPING.

YOU KNOW, IF IT GETS TO THAT POINT, OBVIOUSLY, YOU KNOW, AG IS A VERY IMPORTANT THING FOR MERCED COUNTY AND A BIG REVENUE DRIVER.

SO THAT'S WHY THE GROUNDWATER SUSTAINABILITY AGENCIES WANT TO MANAGE AT A LOCAL LEVEL, YOU KNOW, AND USE PROJECTS TO, YOU KNOW, RECHARGE SURFACE WATER AND BUILD IT UP THAT WAY RATHER THAN RESTRICTING GROUNDWATER LEVEL PUMPING.

I MEAN, IT SOUNDS TO ME LIKE LIKE TWO TOILETS AND TWO SINKS AND MAYBE ANOTHER SINK.

YOU KNOW, AND I IT DOESN'T SOUND LIKE THERE'S A HUGE IMPACT ON THE WATER BY OPENING UP ANOTHER GAS STATION.

IS THAT TRUE? YEAH. SO THIS IS PERMITTED AS A DE MINIMIS WELL, WHEN IT WENT IN WAY BACK WHEN.

SO MEANING IT'S A SIX INCH CASING, IT'S NOT, YOU KNOW, A 12 INCH WELL, THAT CAN PULL A TON OF WATER FOR FARMING PRACTICES.

YOU KNOW, AS MENTIONED, A LOT OF THE WATER IN THAT SYSTEM GETS USED AND PUT BACK IN VIA A LEACH FIELD TO HOPEFULLY PERCOLATE BACK INTO THE AQUIFER, GIVEN THAT IT'S NOT, YOU KNOW, A HUGE YOU KNOW, WE'RE NOT TALKING ABOUT 1000FT, RIGHT.

WE'RE TALKING ABOUT A COUPLE HUNDRED FEET MAKING ITS WAY BACK IN.

SO THERE IS SOME LOSS THERE DUE TO EVAPORATION.

BUT THE MAJORITY OF LOSS THAT OCCURS, YOU KNOW, AND THAT RESULTS IN WATER BEING LOST IS DUE TO EVAPORATION, WHICH HAPPENS WHEN YOU FARM.

AND MAYBE IF YOU CAN JUST GIVE A QUICK DEFINITION OF DOMESTIC DE MINIMIS WELL, WHAT ARE WE TALKING ABOUT IN TERMS OF TOTAL? TOTAL OUTFLOW? YEAH. SO WHEN THE COUNTY PERMITS A DOMESTIC DE MINIMIS, WELL, IT DOES NOT NEED TO OBTAIN THE APPROVAL OF A GROUNDWATER SUSTAINABILITY AGENCY BECAUSE IT IT IS JUST THAT AS A DE MINIMIS SMALLER USE.

SO TYPICALLY THAT MEANS A SIX INCH CASING THAT EXTRACTS NO MORE THAN TWO ACRE FEET OF WATER PER YEAR, WHICH WE MEAN THAT TO BE, YOU KNOW, MORE THAN ENOUGH FOR MOST PEOPLE'S DOMESTIC USE.

YOU KNOW, MY HOUSE WITH SOME LANDSCAPING, I'M USUALLY AT ABOUT ONE ACRE FOOT PER YEAR, IF THAT.

RIGHT. AND AGAIN, YOU KNOW, A LOT OF THAT WATER IS RETURNED INTO THE SYSTEM IN THAT WAY.

OKAY. SO IF THIS AQUIFER GOES BAD, IT'S NOT GOING TO BE BECAUSE OF THIS STATION.

THAT IS CORRECT.

OKAY. THANK YOU.

I THINK FOR ME, IT'S IT'S CONSISTENT WITH ZONING AND DEVELOPMENT STANDARDS.

PREVIOUSLY, THERE WAS THE EXACT SAME BUSINESS THERE.

SO THIS, YOU KNOW, WE'RE JUST REBUILDING WHERE THERE WAS ONE BEFORE.

AS A FARMER, I OBVIOUSLY UNDERSTAND THE WATER ISSUES AND BUT I DON'T THINK THE IMPACT IS HUGE WITH THIS PROJECT.

NO DIFFERENT THAN IF YOU BUILT A 4900 SQUARE FOOT HOUSE USING THAT SAME WELL, YOU'D PROBABLY USE MORE WATER THAN YOU WOULD AS A GAS STATION WITH TWO TOILETS.

SO FOR THAT REASON, I'M IN FAVOR OF IT AND I'LL MAKE THE MOTION THAT THE PLANNING COMMISSION ADOPT THE NEGATIVE DECLARATION FOR THE PROJECT PURSUANT TO SECTION 15074, CONSIDERED AN ABANDONMENT OF NEGATIVE DECLARATION.

I'M SORRY, I'M STUTTERING TODAY AND MITIGATING NEGATIVE DECLARATIONS OF THE CEQA GUIDELINES BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT.

SECOND. OKAY, WE HAVE A MOTION AND A SECOND ON THE SEQUA.

ALL THOSE IN FAVOR SAY AYE.

CHAIR ALSO VOTES AYE.

ANYBODY OPPOSED? MOTION CARRIED.

NOW FOR THE PROJECT, I'D ALSO MAKE THE MOTION THE PLANNING COMMISSION APPROVE CONDITIONAL USE PERMIT.

APPLICATION NUMBER CUP 22-005 AND SITE PLAN AND DESIGN REVIEW NUMBER SPR 20-004.

[00:20:10]

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

ALL THOSE IN FAVOR SAY AYE.

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

OUR NEXT ITEM, NUMBER SIX.

[6.II. Item VI. B. Administrative Permit Application No. AA22-077 / Site Plan & Design Review Application No. SPR22-007 - Meena Farms]

THANK YOU SO MUCH.

OKAY. GOOD MORNING, COMMISSIONERS.

THE PROJECT BEFORE YOU TODAY IS ADMINISTRATIVE PERMIT APPLICATION NUMBER AA 22-077 AND SITE PLAN AND DESIGN REVIEW APPLICATION NUMBER SPR 22-007 FOR THE MINA FARMS CHERRY PACKING FACILITY.

THIS PROJECT IS A REQUEST TO CONVERT AN EXISTING 63,000 SQUARE FOOT TOMATO PACKING FACILITY INTO A CHERRY PACKING FACILITY DEMOLISHED APPROXIMATELY 12,950FT² OF HOTHOUSE FACILITIES AND TO CONSTRUCT A NEW 73,000 SQUARE FOOT PACKING AND PROCESSING BUILDING THAT INCORPORATES STORAGE, FUMIGATION AND AN OFFICE.

THE PROJECT SITE IS LOCATED ON THE SOUTH SIDE OF GUN CLUB ROAD, APPROXIMATELY 600FT WEST OF AZEVEDO ROAD IN THE GUSTINE AREA, IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 063200030.

THE PROJECT SITE IS DESIGNATED AGRICULTURAL LAND USE IN THE GENERAL PLAN AND ZONED A-1 GENERAL AGRICULTURAL.

HERE'S THE VICINITY OF THE PROJECT SITE.

THE PROJECT SITE IS SURROUNDED BY LAND USED FOR AG STORAGE FACILITIES, ROAD CROPS AND OTHER AG PROCESSING FACILITIES.

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

THE PROJECT SITE IS A 13.68 ACRE PARCEL LOCATED SOUTH OF THE CITY OF GUSTINE.

THE MAJORITY OF THE SITE IS CURRENTLY USED FOR THE PROCESSING OF TOMATOES, INCLUDING EIGHT HOTHOUSES, AN OFFICE BUILDING AND A COLD STORAGE BUILDING.

EXISTING ACCESS IS FROM THREE DRIVEWAYS ON GLEN CLUB ROAD.

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.

THE PROJECT WOULD BE THE FIRST CHERRY PACKING FACILITY IN THE COUNTY, HELPING EXPAND AND DIVERSIFY THE AGRICULTURAL ECONOMY OF MERCED COUNTY.

WITHIN THE SCOPE OF THIS GOAL, POLICY 2.5 ALLOWS FOR THE CONSTRUCTION OF CHARACTERISTICALLY SPECIFIC COMMERCIAL AND INDUSTRIAL USES IN LAND DESIGNATED AGRICULTURAL.

THE FACILITY IN QUESTION IS SIZABLE, DIRECTLY TIED TO AGRICULTURAL PRODUCTION AND IS CHARACTERISTIC OF DEVELOPMENT IN THE VICINITY.

ONTO THE AGRICULTURAL ELEMENT.

GOAL AG ONE AIMS TO GROW, ENHANCE AND DIVERSIFY THE AGRICULTURAL SECTOR OF MERCED COUNTY'S ECONOMY.

AND AS PREVIOUSLY MENTIONED, THE PROJECT WOULD BE THE FIRST OF ITS KIND IN THE COUNTY AND IS A TYPE OF DEVELOPMENT CLEARLY PREFERRED BY THE GENERAL PLAN.

WITHIN THIS GOAL THERE ARE ALSO RELEVANT POLICIES, INCLUDING AG 1.1.

MERCED COUNTY FARMERS, COMPETITIVE EDGE AND AG 1.4 HIGH VALUE AGRICULTURAL INDUSTRIES, BOTH OF WHICH ENCOURAGE THE EXPANSION OF PARDON ME, THE NOTES SEEM TO BE OFF BOTH BOTH OF WHICH BASICALLY PROMOTE THE EXPANSION OF VALUE ADDED AND SIGNIFICANT PROCESSING IN THE COUNTY.

ANYTHING THAT HELPS INCREASE PRODUCTION IN A REASONABLE, SUSTAINABLE WAY.

PROJECT SITE IS ZONED A1 GENERAL AGRICULTURAL.

AS WE'RE ALL FAMILIAR WITH, ALLOWS FOR MORE INTENSIVE FARMING OPERATIONS DEPENDENT ON HIGHER QUALITY SOILS, WATER AVAILABILITY, RELATIVELY FLAT TOPOGRAPHY AND AGRICULTURAL AND OR INDUSTRIAL USES, DEPENDENT ON PROXIMITY TO URBAN AREAS OR LOCATION IN SPARSELY POPULATED, LOW TRAFFIC AREAS.

SPECIFICALLY IMPORTANT FOR THIS THAT AGRICULTURAL, COMMERCIAL AND OR INDUSTRIAL USES.

THIS IS A GOOD EXAMPLE OF WHAT WHAT THE CODE IS REFERRING TO.

MERCED COUNTY ZONING CODE SECTION 18 10020 IDENTIFIES AGRICULTURAL PROCESSING PLANTS AS USES THAT WOULD BE PERMITTED IN THE

[00:25:09]

THE PROPOSED PROJECT DOES MEET ALL REQUIREMENTS REGARDING SETBACKS, SCREENING AND OTHER STANDARDS RELEVANT TO THE A1 ZONE.

CHAPTER 18.122 REQUIRES A SITE, PLAN AND DESIGN REVIEW FOR PROJECTS CONSIDERED SIGNIFICANT BY THE DIRECTOR AND IS REQUIRED OF MOST PROJECTS THAT INVOLVE BUILDING CONSTRUCTION IN THE COUNTY.

THE PROJECT MEETS THE CRITERION AND WAS PROCESSED AS SUCH.

THE PROJECT WAS REVIEWED IN A PREPARED INITIAL STUDY WITH A NEGATIVE DECLARATION WHERE IT WAS FOUND THAT THE PROJECT WOULD HAVE EITHER NO IMPACT OR LESS THAN SIGNIFICANT IMPACT ON THE ENVIRONMENT FOR ALL EXAMINED CATEGORIES.

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

NO COMMENTS WERE RECEIVED FROM THE PUBLIC.

STAFF HAS TWO RECOMMENDATIONS.

FIRST, A MOTION TO ADOPT THE FINDINGS FOR THE ADOPTION OF A NEGATIVE DECLARATION AND MOTION TO APPROVE ADMINISTRATIVE PERMIT.

APPLICATION NUMBER A A 20 2-077 AND SITE PLAN AND DESIGN REVIEW APPLICATION NUMBER 20 2-007.

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

ALL RIGHT. THANK YOU.

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

I WILL CLOSE.

I MEAN, I WILL OPEN UP THE PUBLIC HEARING FOR THIS ITEM.

ANYBODY LIKE TO COME AND SPEAK ABOUT THIS ITEM? 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 EITHER DISCUSSION OR A MOTION.

OKAY. I'LL MAKE A MOTION THAT THE PLANNING COMMISSION ADOPT THE PROPOSED NEGATIVE DECLARATION FOR THE PROJECT PURSUANT TO SECTION 15 ZERO SEVEN FOR CONSIDERATION AND ADOPTION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION OF THE GUIDELINES BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT.

SECOND. OKAY.

WE HAVE A MOTION AND A SECOND ON THE SEQUEL.

ALL THOSE IN FAVOR? AYE.

CHAIR ALSO VOTES AYE. ANY OPPOSED? MOTION CARRIED.

AND NOW I ON THE PROJECT I MOVE THAT THE PLANNING COMMISSION APPROVE ADMINISTRATIVE PERMIT APPLICATION NUMBER AA22-077, SITE PLAN AND DESIGN REVIEW APPLICATION NUMBER SPR 22-007.

BASED ON THE FINDINGS IDENTIFIED IN 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? AYE. CHAIR ALSO VOTES.

AYE. ANY OPPOSED? MOTION CARRIED.

[7.I. Item VII. A. 2022 General Plan Annual Progress Report]

AS YOU MAY KNOW, WE DO THIS EVERY YEAR AROUND THIS TIME OF THE YEAR BEFORE APRIL 1ST AS WE HAVE TO SUBMIT AN ANNUAL REPORT TO BOTH THE STATE AND STATE OFFICE OF PLANNING RESEARCH AND THE COMMUNITY HOUSING DEVELOPMENT DEPARTMENT.

SO THE 2022 IS REALLY JUST AN IDENTIFICATION OF ALL THE FOLLOWING ACTIVITY THAT MIGHT HAPPEN IN THE CALENDAR YEAR OF 2022, WHICH INCLUDES OUR HOUSING STARTS EITHER BY LAND USE ENTITLEMENTS AND OUR BUILDING PERMITS, THOSE THAT ARE ISSUED AND THOSE THAT HAVE FINAL BUILDING PERMITS OR CERTIFICATE OF OCCUPANCIES. IT MIGHT ALSO LIST ANY PROGRAMS THAT TOOK PLACE IN 2022 THAT ARE LINKED TO OUR HOUSING OR OUR GENERAL PLAN ITSELF, AND THEN ANY LAND USE CHANGES IN SIGNIFICANT PLANNING PROJECTS.

THE TOTAL PACKAGE WAS INCLUDED IN YOUR PLANNING COMMISSION AGENDA PACKET, SO IF YOU HAVE ANY QUESTIONS, STAFF CAN ANSWER THEM NOW, OTHERWISE. CAMERON NEXT SLIDE.

THE MOTION WOULD BE TO RECOMMEND THE BOARD OF SUPERVISORS ACCEPT THE GENERAL PLAN ANNUAL PROGRESS REPORT AND DIRECT STAFF TO FORWARD THE COPY TO THE GOVERNOR'S OFFICE OF PLANNING RESEARCH AND THE STATE DEPARTMENT OF HOUSING AND COMMUNITY ECONOMIC DEVELOPMENT.

THANK YOU. I THANK YOU.

OKAY. DO WE HAVE A MOTION? I'LL MAKE THE MOTION.

OKAY. WE HAVE A MOTION.

DO WE HAVE A SECOND? SECOND.

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

ANY OPPOSED? MOTION CARRIED.

OKAY. ITEM EIGHT DIRECTORS REPORT.

NONE AT THIS TIME.

ITEM NINE COMMISSIONER'S COMMENT.

NOT HEARING ANY. I WILL ADJOURN THE MEETING.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.