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[1. CALL TO ORDER]
GOOD MORNING AND WELCOME TO OUR MERCER COUNTY PLANNING COMMISSION MEETING FOR OCTOBER 25TH, 2023.UM, COULD OR WOULD PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE? I PLEDGE OF ALLEGIANCE TO FLAG OF THE UNITED STATES AMERICA, AMERICA STANDARD ONE MISSION UNDER GOD, INVISIBLE WITH LIBERTY JUSTICE.
OKAY, CAN WE HAVE A ROLL CALL OF COMMISSIONERS PLEASE? COMMISSIONER AGUILERA? HERE.
AND COMMISSIONER SPEICHER DID EXCUSE HIMSELF.
AND MR. CHAIR, YOU HAVE A QUORUM.
[4. APPROVAL OF MINUTES]
LOOKS LIKE WE HAVE SOME MINUTES TO APPROVE TODAY.DO WE HAVE A MOTION? YEAH, I'LL MOVE.
WE, UH, APPROVE THE MINUTES OF THE 27TH OF SEPTEMBER.
WE HAVE A MOTION AND A SECOND TO APPROVE THE MINUTES.
UM, ITEM FIVE SAYS COMMUNICATIONS.
THIS IS THE POINT IN OUR MEETING IF ANYBODY WOULD LIKE TO COME FORWARD AND SPEAK TO ANYTHING UNDER THE PURVIEW OF THE PLANNING COMMISSION THAT IS NOT ON THE AGENDA TODAY.
UH, PLEASE DO SO NOW AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.
[6. PUBLIC HEARING(S)]
AND WE WILL GO TO OUR FIRST ITEM.GOOD MORNING COMMISSIONERS AND THANK YOU CHAIRMAN.
UM, THE PROJECT I HAVE BEFORE YOU TODAY IS ZONE CHANGE NUMBER ZC 22 0 0 2 AND SITE PLAN DESIGN REVIEW NUMBER SPR 23 0 0 3 FOR BEARD ENTERPRISES.
THIS IS A REQUEST TO CHANGE THE ZONING OF THREE CONTIGUOUS PARCELS FROM C TWO GENERAL COMMERCIAL TO MU MIXED USE TO ALLOW THE CONSTRUCTION OF A TRIPLEX.
THE PROJECT SITE IS LOCATED ON THE SOUTH SIDE OF NORTH STEVENS AVE, STEVENS STREET A HUNDRED FEET EAST OF WEST DELHI AVENUE.
THE PROPERTY IS DESIGNATED DELHI URBAN COMMUNITY, MIXED USE LAND USE IN THE GENERAL PLAN AND IS ZONED C TWO GENERAL COMMERCIAL.
HERE IS THE VICINITY OF THE PROJECT.
THERE IS AN EVENT HALL AND A MOBILE FOOD VENDOR ON SITE.
THE PROJECT SITE IS SURROUNDED BY SINGLE AND MULTI-FAMILY RESIDENCES TO THE NORTH, SOUTH AND WEST AND A RETAIL CENTER TO THE EAST.
THIS IS THE SITE MAP OF THE PROPOSED TRIPLEX DISPLAYING THE EXISTING COMMERCIAL BUILDING TO THE NORTH USED AS AN EVENT CENTER AND AN EXISTING APARTMENT COMPLEX TO THE SOUTH.
HERE IS THE FLOOR PLAN OF THE PROPOSED TRIPLEX AND THESE ARE THE PROPOSED ELEVATIONS.
THIS IS THE DELHI COMMUNITY PLAN LAND USE MAP DISPLAYING THE PRO THE PROJECT SITE NEAR THE CENTER OF THE MAP DESIGNATED MIXED USE.
THE PROJECT SITE IS DESIGNATED MIXED USE IN THE DELHI COMMUNITY PLAN AS PREVIOUSLY MENTIONED, AND IS CONSISTENT WITH THE APPLICABLE GENERAL PLAN GOALS AND POLICIES.
THE PROJECT SITE IS ZONED C TWO GENERAL COMMERCIAL IN THE MERCED COUNTY ZONING CODE AND THE PROPOSED PROJECT WILL RECLASSIFY THE ZONING TO MU MIXED USE THIS ZONE CHANGE IMPLEMENTS THE MIXED USE LAND USE DESIGNATION IN THE GENERAL PLAN.
MULTIFAMILY HOUSING IS AN ALLOWED USE IN THE MIXED USE ZONE UNDER SECTION 1 2 1 4 0 2 0 OF THE ZONING CODE.
STAFF HAS REVIEWED THE PROPOSED DEVELOPMENT AND FOUND THE PROJECT TO BE CONSISTENT WITH THE APPLICABLE STANDARDS AND REGULATIONS OF THE ZONING CODE.
THE PROPOSED CAN BE FOUND EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 1 5 1 8 3 PROJECTS CONSISTENT WITH COMMUNITY PLAN AND ZONING OF THE SQL GUIDELINES.
THE PROJECT WAS PRESENTED TO THE DELHI MUNICIPAL ADVISORY COUNCIL ON MAY 25TH AND VOTED SIX TO ZERO TO RECOMMEND APPROVAL OF THE PROJECT.
NOTICE OF THE PUBLIC HEARING WAS PUBLISHED IN THE MERCED COUNTY TIMES ON OCTOBER 12TH, 2023 AND MAILED TO PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT SITE ON OCTOBER 13TH, 2023.
STAFF HAS TWO RECOMMENDATIONS TO DETERMINE THAT THE PROJECT REQUIRES NO FURTHER ENVIRONMENTAL REVIEW PURSUANT TO SECTION 1 5 1 8 3
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PROJECTS CONSISTENT WITH COMMUNITY PLAN AND ZONING OF THE SQL GUIDELINES AND TO ADOPT THE RESOLUTION RECOMMENDING THE BOARD OF SUPERVISORS ADOPT THE ORDINANCE APPROVING ZONE CHANGE NUMBER ZC 22 0 0 2 AND SITE PLAN DESIGN REVIEW NUMBER SPR 23 0 0 3 BASED ON THE FINDINGS LISTED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.THIS NOW CONCLUDES STAFF'S PRESENTATION.
IF THERE ARE ANY QUESTIONS, STAFF CAN ANSWER THEM AT THIS TIME.
UH, ARE THERE ANY QUESTIONS FOR STAFF? OKAY.
I WILL OPEN THE PUBLIC HEARING THIS ITEM.
ANYBODY THAT'D LIKE TO COME FORWARD AND SPEAK TO THIS ITEM CAN DO SO NOW.
AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
I'M NOT SEEING ANY, I'LL CLOSE THE PUBLIC HEARING WITH THIS ITEM AND COME BACK TO THIS, UH, COMMISSION FOR EITHER DISCUSSION OR MOTION.
WELL, I WILL MOVE THAT WE DETERMINE THE PROJECT REQUIRES NO FURTHER ENVIRONMENTAL VIEW PURSUANT TO SECTION 15 180 3 PROJECTS CONSISTENT WITH COMMUNITY PLAN AND ZONING OF THE SE QA GUIDELINES.
OKAY, WE HAVE MOTION AND A SECOND ON THE QUA.
AND NOW I'LL MOVE THAT WE ADOPT THE RESOLUTION RECOMMENDING THE BOARD OF SUPERVISORS ADOPT THE ORDINANCE APPROVING ZONE CHANGE NUMBER ZC 22 DASH 0 0 2 AND SITE PLAN AND DESIGN REVIEW NUMBER SPR 23 DASH 0 0 3 BASED ON THE FINDINGS LISTED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.
SECOND, WE HAVE A MOTION AND A SECOND ON THE PROJECT.
THE SECOND PROJECT I HAVE FOR YOU TODAY IS CONDITIONAL USE PERMIT NUMBER CUP 23 0 0 8 FOR AT AND T MOBILITY.
THIS IS A REQUEST TO EXTEND, EXTEND THE HEIGHT OF AN EXISTING MONOPOLE CELL TOWER FROM 90 FEET TO 115 FEET AT 15 ANTENNAS AND OTHER ASSOCIATED GROUND MOUNTED EQUIPMENT.
THE PROJECT SITE IS LOCATED ON THE EAST SOUTH OF NORTH MERCY SPRINGS ROAD, 2,100 FEET SOUTH OF WEST HENRY MILLER AVENUE IN THE LOS SPANOS AREA IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 0 8 2 0 2 0 0 2 0.
THE PROJECT SITE IS DESIGNATED AGRICULTURAL LAND USE IN THE GENERAL PLANT AND IS ZONED A ONE HERE IS THE VICINITY OF THE PROJECT SITE.
THE SITE IS PRIMARILY SURROUNDED BY ROW CROPS AND ORCHARDS AND, AND THE CITY OF LOS BONANOS TO THE SOUTH.
THE PROJECT SITE IS LOCATED WITHIN AN APPROXIMATE 200 500, 2,500 SQUARE FOOT LEASE AREA ON THE SOUTHWEST CORNER OF THE PARCEL.
HERE ARE SOME SAMPLE PHOTOS PROVI PROVIDED BY THE APPLICANT DISPLAYING THE EXISTING NINE 90 FOOT CELL TOWER IN THE PICTURE TO THE LEFT AND THE PICTURE TO THE RIGHT DISPLAYS THE TOWER.
WHAT THE TOWER WOULD LOOK LIKE ONCE THE PROPOSED 15 FOOT EXTENSION AND ANTENNAS ARE PLACED.
HERE ARE PHOTOS OF WHAT THE PROPOSED WOULD LOOK LIKE FROM A CLOSER VIEW.
WE CAN SEE THE TOWER HAS A SMALL FOOTPRINT AND DOES NOT REQUIRE SIGNIFICANT MAINTENANCE WHILE IN USE.
THE PROJECT IS CONSISTENT WITH APPLICABLE GENERAL PLAN POLICIES AND WITH APPLICABLE PROVISIONS OF THE MERCED COUNTY ZONING CODE AND IS DESIGNATED GENERAL AGRICULTURAL.
THE PROJECT CAN BE FOUND CATEGORICALLY, CATEGORICALLY EXCEPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 1 5 3 0 1 EXISTING FACILITIES OF THE SQL GUIDELINES.
FINDING SUPPORTING THIS CONCLUSION MAY BE FOUND ON PAGE FIVE OF THE STAFF REPORT.
NOTICE OF THE PUBLIC HEARING WAS PUBLISHED IN THE MERCED COUNTY TIMES ON OCTOBER 12TH, 2023 AND MAILED TO PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT SITE ON OCTOBER 13TH, 2023.
STAFF HAS TWO RECOMMENDATIONS TO DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 1 5 3 0 1 EXISTING FACILITIES OF THE SQL GUIDELINES BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND TO APPROVE CONDITIONAL USE PERMIT NUMBER CUP 23 0 0 8 BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS
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OF APPROVAL.THIS NOW CONCLUDES STAFF'S PRESENTATION.
I AM NOW AVAILABLE FOR ANY QUESTIONS.
UM, ARE THERE ANY QUESTIONS FOR STAFF? OKAY.
I'LL OPEN THE PUBLIC HEARING ON THIS ITEM.
ANYBODY WOULD LIKE TO COME FORWARD AND SPEAK TO THIS ITEM MAY DO SO NOW.
AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
NOT SEEING ANY, I'LL CLOSE THE PUBLIC HEARING ON THIS ITEM AND COME BACK TO THE COMMISSION FOR EITHER DISCUSSION OR MOTION.
I WILL MAKE A SE QL MOTION THAT WE DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT SECTION 15 3 0 1 EXISTING FACILITIES OF THE SEQUEL GUIDELINES BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT.
SECOND, WE HAVE A MOTION AND A SECOND ON THE SE A.
NOW ON THE PROJECT, I MOVE THAT WE APPROVE CONDITIONAL USE PERMIT NUMBER CUP 23 0 0 8 BASED ON THE FINDINGS, INCLUDING THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.
SECOND, WE HAVE A MOTION AND A SECOND ON THE PROJECT.
[7. COMMISSION ACTION ITEM(S)]
OKAY.UH, ITEM SEVEN, COMMISSION ACTION ITEMS. NOTHING FURTHER AT THIS MEETING, BUT, UH, JUST AS A QUICK NOTICE FOR THE COMMISSION, UH, THIS SHOULD HAVE HAPPENED AT THIS MEETING AND I APOLOGIZE, UH, FOR THE DELAY.
BUT ON THE UH, NOVEMBER 15TH PLANNING COMMISSION, UH, AGENDA, YOU'LL SEE THE ROTATION FOR CHAIR AND VICE CHAIR.
SO COMMISSIONER RECKA, UNLESS YOU'RE OPPOSED TO SERVING ONE MORE MEETING, UH, THAT'S WHEN WE'LL ROTATE THE CHAIR AND VICE CHAIR.
UH, WE'LL JUST ALIGN THAT WITH OUR TRADITIONAL ROTATION UNLESS THE COMMISSION HAS FEEDBACK AT THAT TIME.
SO I'M GONNA GET RIPPED OFF OF ONE MEETING.
WE'LL, WE'LL LET YOU EARN IT BACK.
BUT THAT, UH, NOTHING FURTHER BEYOND THAT.
UH, COMMISSIONER'S, COMMENT, NOT HEARING ANY.