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GOOD MORNING. I'D LIKE TO CALL THIS MEETING TO ORDER THE MERCED COUNTY PLANNING COMMISSION FOR MAY 10TH, 2023.

[1.CALL TO ORDER]

[00:00:05]

EVERYBODY, PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE.

I PLEDGE ALLEGIANCE TO THE FLAG OF 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 CAN WE HAVE A ROLL CALL OF COMMISSIONERS, PLEASE? MR. CHAIR, WE DO HAVE A QUORUM.

THANK YOU. OKAY.

[4. APPROVAL OF MINUTES]

ITEM FOUR, APPROVAL OF MINUTES.

WE DO HAVE SOME MINUTES PRESENTED, SO MOVED.

OKAY. 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 CITIZENS COMMUNICATIONS.

ANYBODY WHO WOULD LIKE TO COME FORWARD AND SPEAK TO ANYTHING UNDER THE PLANNING COMMISSION'S PURVIEW THAT IS NOT ON THE AGENDA TODAY CAN DO SO NOW.

AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

OKAY. NOT SEEING ANY. I'LL CLOSE THE PUBLIC HEARING AND I'LL COME BACK TO STAFF FOR OUR FIRST ITEM.

[6.1 ITEM VI. A GENERAL PLAN AMENDMENT No. GPA22-001 / ZONE CHANGE No. ZC22-001 - JOSE RODRIGUEZ]

THANK YOU, CHAIRMAN ERRECA.

GOOD MORNING, COMMISSIONERS.

TIFFANY HO, DEPUTY DIRECTOR OF PLANNING UNDER COMMUNITY ECONOMIC DEVELOPMENT.

AND I HAVE THE PLEASURE OF PRESENTING TO YOU GENERAL PLAN AMENDMENT NUMBER GPA 22-001 AND THE ASSOCIATED ZONE CHANGE NUMBER ZC22-001 FOR THE APPLICANT, JOSE RODRIGUEZ.

THE REQUEST IS TO AMEND THE LAND USE DESIGNATION OF THE SOUTHERNMOST 20FT OF A 0.27 ACRE PARCEL, CONSISTING OF APPROXIMATELY APPROXIMATELY 300FT² OF LAND FROM GENERAL COMMERCIAL TO LOW DENSITY RESIDENTIAL AND TO CHANGE THE ZONING DISTRICT OF THAT SAME AREA FROM C-2 TO R-2 TWO FAMILY RESIDENTIAL TO ALIGN WITH THE EXISTING DEVELOPMENT.

THE PROJECT IS LOCATED ON THE SOUTHEAST CORNER OF EAST HIGHWAY 140 AND NORTH GWINN STREET IN PLANADA.

THIS MAP SHOWS YOU THE VICINITY OF THE AREA WITH THE PROJECT SITE HIGHLIGHTED IN RED.

AS YOU CAN SEE, THE SITE IS ON THE BORDER OF THE PLANADA AREA.

HIGHWAY 140 IS TO THE NORTH AND THE IMMEDIATE ADJACENT USES ARE VACANT.

BUT THE SURROUNDING AREA CAN BE CHARACTERIZED BY MOSTLY URBAN USES, INCLUDING COMMERCIAL AND RESIDENTIAL USES, WITH AN ORCHARD TO THE NORTH.

HERE IS A CLOSEUP AERIAL OF THE PROJECT SITE.

ON THE PROJECT SITE THERE IS AN EXISTING TIRE SLASH SMOG SHOP AND A PORTION OF A FENCED IN VACANT LOT.

ON THE RIGHT SIDE OF THIS SLIDE, YOU'LL SEE THAT THE PROJECT SITE IS CURRENTLY ZONED GENERAL COMMERCIAL AND THE SOUTHERN PORTION OF THE SITE OF THE AREA IS LOW DENSITY RESIDENTIAL.

THE PROJECT PROPOSES TO AMEND THE SOUTHERNMOST PORTION OF THE PROJECT SITE TO LDR TO BE CONSISTENT WITH THE SURROUNDING THE SOUTHERN AREA AND AS WELL AS MEETING SETBACKS, REQUIREMENTS AND ALIGNING WITH EXISTING DEVELOPMENT .

FOR GENERAL PLAN CONSISTENCY.

THIS PROJECT IS CONSISTENT WITH MULTIPLE GOALS IN THE GENERAL PLAN, INCLUDING LU-1, WHICH IS REGARDING COUNTY WIDE DEVELOPMENT AND DEVELOPMENT IN URBAN COMMUNITIES.

LU-1.5.A, WHICH IS LOOKING AT DIRECTING DEVELOPMENT IN THE URBAN COMMUNITY, URBAN COMMUNITIES AND THEN LU-5 .C, WHICH LOOKS AT STIMULATING HOUSING DEVELOPMENT FOR ALL INCOME GROUPS.

FOR ZONING CONSISTENCY THE PROJECT SITE IS ZONED C-2 GENERAL COMMERCIAL AND THE SOUTHERN AREA WOULD BE AMENDED TO REFLECT THE SOUTHERN DESIGNATION OF R-2 TWO FAMILY RESIDENTIAL.

THIS WOULD NOT CREATE NON-CONFORMING STATUS OF ANY OF THE EXISTING DEVELOPMENT ON SITE.

IT WILL CONTINUE TO MEET SETBACKS AND THEN FUTURE DEVELOPMENT WILL BE SUBJECT TO R-2 STANDARDS.

AS PART OF THE CONDITIONS OF APPROVAL FOR THIS PROJECT THE STAFF IS RECOMMENDING THAT THE APPLICANT SUBMIT A PROPERTY LINE ADJUSTMENT TO ALIGN THE PROPERTY LINES TO PREVENT FUTURE SPLIT ZONING. THAT MEANS THAT THIS PROJECT WILL ONLY TAKE EFFECT ONE AFTER THE BOARD'S APPROVAL IF THE PLANNING COMMISSION WERE TO APPROVE THIS PROJECT AND AFTER THE APPLICANT HAS RECORDED THEIR CERTIFICATE OF COMPLIANCE FOR PROPERTY LINE ADJUSTMENT.

FOR ENVIRONMENTAL REVIEW STAFF HAS REVIEWED THE PROJECT AND DETERMINED THAT THE PROJECT WOULD BE EXEMPT FROM ENVIRONMENTAL REVIEW, SUBJECT TO SECTION

[00:05:01]

15061(B)(3), COMMON SENSE EXEMPTION.

THIS IS BECAUSE THERE IS A NEGLIGIBLE AMOUNT OF AREA THAT WILL BE RE DESIGNATED AND RE ZONED AND IT WOULD NOT CREATE A NON-CONFORMING STATUS OF EXISTING PARCELS, STRUCTURES AND OR USES, NOR DOES IT ALLOW A DENSITY OF LAND USE THAT IS NOT PREVIOUSLY ALLOWED.

THIS PUBLIC HEARING WAS NOTICED TO THE PUBLIC, INCLUDING PUBLICATION UNDER THE MERCED COUNTY TIMES ON APRIL 27TH, 2023, AS WELL AS MAILED TO PROPERTY OWNERS WITHIN 300FT OF THE PROJECT SITE ON APRIL 28TH.

AS OF THIS PRESENTATION, NO COMMENTS WERE RECEIVED.

GIVEN THE INFORMATION PRESENTED TODAY AND DETAILED IN THE STAFF REPORT, STAFF HAS TWO RECOMMENDATIONS.

FIRST, STAFF RECOMMENDS THAT THE PLANNING COMMISSION RECOMMEND THAT THE BOARD OF SUPERVISORS DETERMINE THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061B)(3).

COMMON SENSE EXEMPTION OF THE CEQA GUIDELINES.

AND SECOND, THE PLANNING COMMISSION ADOPT A RESOLUTION RECOMMENDING THE BOARD OF SUPERVISORS APPROVE THE GENERAL PLAN AMENDMENT AND THE ZONE CHANGE AND ADOPT AN ORDINANCE TO APPROVE THE ZONE CHANGE.

THAT CONCLUDES STAFF'S PRESENTATION.

IF YOU HAVE ANY QUESTIONS, FEEL FREE TO.

STAFF IS AVAILABLE AT THIS TIME.

THANK YOU. ALL RIGHT.

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

I WILL OPEN THE PUBLIC HEARING ON THIS ITEM.

AND IF ANYBODY LIKE TO COME FORWARD AND SPEAK TO THIS ITEM, PLEASE DO SO NOW AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.

GOOD MORNING, MR. CHAIR, MEMBERS OF THE BOARD.

MY NAME IS JOSE RODRIGUEZ.

I RESIDE AT 525 HEATHERWOOD DRIVE IN MADERA, CALIFORNIA.

I'M HERE TO ANSWER ANY QUESTIONS.

IF YOU DO HAVE ANY NOTICE THAT YOU DON'T HAVE ANY QUESTIONS FOR STAFF.

BUT I'M HERE IN CASE YOU DO HAVE ANY QUESTIONS.

THANK YOU. THANK YOU.

OKAY. ANYBODY ELSE WOULD LIKE TO COME FORWARD AND SPEAK TO THIS ITEM? NOT SEEING ANY. I WILL CLOSE THE PUBLIC HEARING ON THIS ITEM AND COME BACK TO THE COMMISSION FOR EITHER DISCUSSION OR A MOTION.

I MOVE THAT THE PLANNING COMMISSION RECOMMEND THE BOARD OF SUPERVISORS DETERMINE THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(B)(3), COMMON SENSE EXEMPTION OF THE CEQA GUIDELINES.

SECOND. OKAY.

WE HAVE A MOTION AND A SECOND FOR CEQA.

ALL IN FAVOR? AYE. CHAIR ALSO VOTES AYE.

ANY OPPOSED? MOTION CARRIED.

AND I'LL MOVE ON THE PROJECT TO THE PLANNING COMMISSION ADOPT A RESOLUTION RECOMMENDING THE BOARD OF SUPERVISORS APPROVE GENERAL PLAN AMENDMENT NUMBER GPA22-001 TO AMEND THE LAND USE DESIGNATION OF THE SOUTHERNMOST 20FT OF THE PROJECT SITE FROM GENERAL COMMERCIAL TO LOW DENSITY RESIDENTIAL AND ADOPT AN ORDINANCE TO APPROVE ZONE CHANGE ZC22-001 TO CHANGE THE ZONING DISTRICT OF THE SOUTHERNMOST 20FT OF THE PROJECT SITE FROM C-2 GENERAL COMMERCIAL TO R-2 TWO FAMILY RESIDENTIAL.

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. OKAY, ON TO OUR NEXT ITEM.

[6.I.i. ITEM VI. B CONDITIONAL USE PERMIT No. CUP23-006 - GOMES FARMS LLC CONDITIONAL USE PERMIT No. CUP23-006 - GOMES FARMS LLC]

OKAY. GOOD MORNING, CHAIRMAN ERRECA AND MEMBERS OF THE COMMISSION.

BRIAN GUERRERO, DEVELOPMENT SERVICES COORDINATOR WITH CED.

THE PROJECT BEFORE YOU THIS MORNING IS CONDITIONAL USE PERMIT NUMBER CUP23-006 FOR GOMES FARMS LLC.

THE REQUEST IS TO BRING INTO CONFORMANCE AN EXISTING MANURE COMPOSTING FACILITY WITH THE OPTION OF ALSO COMPOSTING GREEN WASTE.

THE PROJECT SITE IS LOCATED ON THE NORTHWEST CORNER OF HIGHWAY 152 AND COYOTE ROAD IN THE EL NIDO AREA.

THE PROPERTY IS DESIGNATED AGRICULTURAL IN THE GENERAL PLAN AND ZONED A-1 GENERAL AGRICULTURAL IN THE ZONING CODE.

HERE WE SEE A VICINITY MAP WITH THE PROJECT SITE IN RED ALONG HIGHWAY 152 WITH EL NIDO LOCATED TO THE NORTHEAST.

TAKING A CLOSER LOOK AT THE AERIAL OF THE PROJECT SITE, WE CAN SEE THAT THE MAJORITY OF THE SITE CONSISTS OF ORCHARD WITH THE AREA OF ACTIVITY HIGHLIGHTED IN GREEN.

HERE'S A SITE PLAN OF THE PROJECT WITH ARROWS INDICATING THE PATH OF TRAVEL FOR INGRESS AND EGRESS TO THE AREA OF ACTIVITY.

AND A COUPLE OF SITE PHOTOS FOR THE COMMISSION.

YOU CAN SEE THE EXISTING FACILITY HERE.

THE COMPOST MATERIAL IS STACKED IN WINDROWS AND THE PROJECT DOES NOT PROPOSE ANY NEW CONSTRUCTION.

AND DUE TO THE LOCATION, THE FACILITY IS ADEQUATELY SCREENED FROM THE PUBLIC RIGHT OF WAY.

[00:10:07]

IN TERMS OF CONSISTENCY WITH OUR GENERAL PLAN AND THE ZONING CODE, THE PROJECT CAN BE FOUND CONSISTENT WITH THE LAND USE ELEMENTS.

SPECIFICALLY GOAL AG-1, POLICY AG-1.1 GIVING MERCED COUNTY FARMERS A COMPETITIVE EDGE.

AND IT'S CONSISTENT WITH THE ZONING CODE SPECIFICALLY SECTION 18.10.020, WHICH IDENTIFIES ALLOWED USES IN THE AGRICULTURAL ZONE. THE PROJECT CAN BE FOUND EXEMPT FROM CEQA REVIEW UNDER SECTION 15301 EXISTING FACILITIES AND THAT THE PROPOSAL IS TO BRING INTO CONFORMANCE AN EXISTING COMPOSTING FACILITY.

ANALYSIS OF THIS EXEMPTION CAN BE FOUND ON PAGE THREE OF THE STAFF REPORT BEFORE YOU.

NOTICE OF THE PROPOSAL WAS MAILED TO PROPERTY OWNERS WITHIN 300FT ON APRIL 28TH, 2023, AND PUBLISHED IN THE MERCED COUNTY TIMES ON APRIL 27TH, 2023.

AS OF TODAY'S PRESENTATION, NO COMMENTS HAVE BEEN RECEIVED.

WITH THIS INFORMATION.

STAFF HAS TWO RECOMMENDATIONS FOR THE PLANNING COMMISSION AT THIS TIME.

THE FIRST IS TO FIND THE PROJECT EXEMPT FROM CEQA UNDER SECTION 15301 EXISTING FACILITIES AND STAFF IS RECOMMENDING THE COMMISSION APPROVE CUP2 3-006 BASED ON THE FINDINGS IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.

STAFF.

THIS CONCLUDES STAFF'S PRESENTATION AND STAFF IS AVAILABLE FOR ANY QUESTIONS.

THANK YOU. ALL RIGHT.

THANK YOU. ARE THERE ANY QUESTIONS FOR STAFF FROM THE COMMISSION? OKAY, NOT HEARING ANY I WILL OPEN THE PUBLIC HEARING ON THIS ITEM IF ANYBODY WOULD LIKE TO COME FORWARD AND SPEAK TO THIS ITEM CAN DO SO NOW.

AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

GOOD MORNING, BOARD. MY NAME IS EDDIE GOMES OF GOMES FARMS. IF YOU GUYS HAVE ANY QUESTIONS, I'M HERE TO ANSWER ANYTHING YOU GUYS MIGHT THAT MIGHT CONCERN YOU.

THANK YOU.

THANK YOU. OKAY.

IS THERE ANYONE ELSE WHO'D LIKE TO COME FORWARD AND SPEAK TO THIS ITEM? NOT SEEING ANY I'LL CLOSE THE PUBLIC HEARING ON THIS ITEM AND COME BACK TO THE COMMISSION FOR EITHER DISCUSSION OR A MOTION.

I'D BE HAPPY TO MAKE THE MOTION THAT THE PLANNING COMMISSION DETERMINED THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15301 EXISTING FACILITIES OF THE CEQA GUIDELINES BASED ON THE FINDINGS IN THE STAFF REPORT.

SECOND. OKAY.

WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR? AYE. CHAIR VOTES.

AYE. ANY OPPOSED? MOTION CARRIED. AND THEN MOVING TO THE PROJECT DETERMINATION.

I'LL MAKE THE MOTION THAT THE PLANNING COMMISSION APPROVE CONDITIONAL USE PERMIT C UP23-006.

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

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

ALL IN FAVOR? AYE.

CHAIR ALSO VOTES AYE.

ANY OPPOSED? MOTION CARRIED.

OKAY. ITEM SEVEN COMMISSION ACTION ITEMS. NOTHING ADDITIONAL, SIR.

DIRECTOR'S REPORT.

AND NOTHING 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.