[00:00:03]
[1. CALL TO ORDER]
WELCOME TO THE PLANNING COMMISSION MEETING.AND IF WE CAN STAND AND DO THE PLEDGE OF ALLEGIANCE, PLEASE.
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 THE ROLL CALL OF COMMISSIONERS, PLEASE? COMMISSIONER AGUILERA.
YES. VICE CHAIRMAN SPYCHER HERE.
AND COMMISSIONER RAMIREZ AND COMMISSIONER ERRECA DID EXCUSE THEMSELVES.
AND, MR. CHAIR, YOU HAVE A QUORUM.
[4. APPROVAL OF MINUTES]
WE GOT, APPROVAL OF MINUTES, FROM, WHAT, THE 12-6-23 PLANNING COMMISSION.ANY, CORRECTIONS OR ADDITIONS? CAN I GET A MOTION AND A SECOND.
GOT A MOTION TO APPROVE THE MINUTES OF THE 6TH OF DECEMBER LAST YEAR, AND I'VE GOT A SECOND.
ALL THOSE IN FAVOR SAY AYE AND CHAIR VOTES AYE.
SO NOW WE MOVE ON TO THE, CITIZEN COMMUNICATIONS.
AND SEEING NONE, I'LL CLOSE THE CITIZENS COMMUNICATION AND MOVE ON TO PUBLIC HEARINGS.
[6. PUBLIC HEARING(S)]
SO FOR THE FIRST ITEM.THE PROPOSAL IS A REQUEST TO CONSTRUCT AND OPERATE A COMMUNITY CEMETERY WITH APPROXIMATELY 50 ACRES OF BURIAL LAND, A 1,500 SQUARE FOOT PRAYER ROOM, AND A CANOPY PRAYER ROOM.
THE PROJECT SITE IS LOCATED THREE QUARTERS OF A MILE WEST OF SOUTH JASPER SEARS ROAD, 1.13 MILES SOUTH OF HIGHWAY 152, IN THE LOS BANOS AREA, IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 078-120-005.
THE PROJECT SITE IS ALSO DESIGNATED FOOTHILL PASTURE LAND USE IN THE GENERAL PLAN AND IS ZONED A-2 EXCLUSIVE AGRICULTURAL. HERE'S THE VICINITY OF THE PROJECT SITE.
THE SITE AND SURROUNDINGS ARE PRIMARILY VACANT.
AND HERE IS A CLOSE UP OF THE NORTHEAST CORNER OF THE PROJECT SITE, CLEARLY DISPLAYING THE EXISTING METAL OVERHANGS THAT ARE TO BE REMOVED, AND THE PROPOSED 1,500 SQUARE FOOT PRAYER ROOM AND CANOPY.
CEREMONIES WOULD TAKE PLACE OFF SITE AT AN EXISTING LOCATION IN SANTA CLARA COUNTY.
THE PROJECT IS CONSISTENT WITH THE APPLICABLE GENERAL PLAN POLICIES, AND IS ALSO CONSISTENT WITH APPLICABLE PROVISIONS OF THE MERCED COUNTY ZONING CODE AND IS DESIGNATED AS EXCLUSIVE AGRICULTURAL.
AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION WAS PREPARED FOR THE PROJECT AND CIRCULATED FOR 30 DAYS FROM NOVEMBER 2ND, 2023 TO DECEMBER 4TH, 2023. A COMMENT WAS RECEIVED FROM A NEIGHBORING PROPERTY OWNER EXPRESSING CONCERNS REGARDING APPROPRIATE SETBACKS, LANDSCAPING, LANDSCAPE SCREENING AND FENCING, NOISE, HOURS OF OPERATION, VEHICLE CAPACITY AND LIGHT POLLUTION.
THE PROPOSED PROJECT DOES COMPLY WITH THE MINIMUM WITH THE MINIMUM REQUIREMENTS FOR THE PREVIOUSLY MENTIONED CONCERNS FOR THE MERCED COUNTY ZONING CODE IN THE EXCLUSIVE AGRICULTURAL ZONE.
[00:05:08]
NOTICE OF THE PUBLIC HEARING WAS PUBLISHED.EXCUSE ME, IN THE MERCED COUNTY IN THE MERCED COUNTY TIMES ON DECEMBER 28TH, 2023, AND MAILED TO PROPERTY OWNERS WITHIN 300FT OF THE OF THE PROJECT SITE ON DECEMBER 29TH, 2023.
A COMMENT LETTER WAS RECEIVED BY THE APPLICANT AND REPRESENTATION OF THE GARDEN OF PEACE ORGANIZATION IN SUPPORT OF THE PROJECT, LISTING OVER 600 MEMBERS OF THEIR ORGANIZATION. STAFF HAS TWO RECOMMENDATIONS TO ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PROJECT PURSUANT TO SECTION 15074 CONSIDERATION AND ADOPTION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION OF THE CEQA GUIDELINES AND APPROVED CONDITIONAL USE PERMIT NUMBER CUP 23 -005 BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND THE SUBJECT, AND SUBJECT TO THE CONDITIONS OF APPROVAL.
THAT NOW CONCLUDES STAFF'S PRESENTATION.
I AM NOW AVAILABLE FOR ANY QUESTIONS.
OKAY. DOES ANYBODY HAVE ANY QUESTIONS OF STAFF? YEAH, I HAVE A FEW QUESTIONS.
AGAIN, I'M NOT OPPOSED TO THE PROJECT, BUT IF YOU DO A FUNERAL DAY FOR SIX DAYS A WEEK, OVER 100 YEARS, YOU'RE GOING TO BE JUST PAST THAT 60,000 CAPACITY.
SO IT WOULD SEEM, USING THE MATH THAT THEY PROVIDED, IF THERE'S GOING TO BE SOMETHING GOING ON THERE EVERY SINGLE DAY OF THE WEEK, NOW WE KNOW WE CAN GIVE THEM A CHANCE TO MAYBE READJUST THAT OR TALK TO STAFF.
I ALSO HAD QUESTIONS ABOUT LANDSCAPE, AND NOT NEEDING ELABORATE LANDSCAPE, BUT IS THERE SOME WAY WE CAN MAYBE HAVE SOME MINIMAL LANDSCAPE REQUIREMENTS THAT COULD BE TRIGGERED BY, AS A, YOU KNOW, DEVELOP BECAUSE THEY'RE NOT GOING TO DEVELOP 50 ACRES AT ONCE.
SO AS THEY DEVELOP STAGE BY STAGE AND THEN SOME OF THE ROAD IMPROVEMENTS, IF YOU HAVE THAT KIND OF ACTIVITY, MAYBE WE COULD DO SOMETHING FOR THE FIRST 50FT OFF THE ROAD, YOU KNOW, AS THEY AS THEY TRAVEL THROUGH THE MERCED COUNTY ROADS, DON'T GET BEAT UP, PUT SOME ASPHALT ON THEIR PROPERTY TO GET OFF THE ROAD.
I ALSO WONDERED, JUST FOR CLARITY, WHAT THE TIMING FOR THE PRAYER ROOM IS WHEN THAT WOULD BE BUILT.
MAYBE STAFF COULD ANSWER OR ADDRESS SOME OF THESE.
SURE. MR. CHAIR, MEMBERS OF THE COMMISSION.
SO, HAPPY TO SPEAK TO SOME OF THE THE LANDSCAPING AND AND ROAD IMPROVEMENT PIECES.
THESE ARE, CERTAINLY THINGS THAT COULD BE INCLUDED AS CONDITIONS OF APPROVAL.
THEY'RE NOT PROPOSED AS CONDITIONS OF APPROVAL BEFORE YOU TODAY.
BUT, LANDSCAPING COULD CERTAINLY BE ADDED AS A CONDITION.
BUT MAYBE THAT'S SOMETHING THAT WE CAN FIGURE OUT.
YEAH. AS, AS DEVELOPMENT OCCURS, WE COULD MAYBE PHASE DEVELOPMENT OF LANDSCAPING.
OKAY. ANYBODY ELSE? OKAY. THIS TIME I'LL, OPEN THE PUBLIC HEARING.
I'M THE MEMBER OF ONE OF THE GARDEN OF PEACE.
YOU HAVE SOME QUESTION REGARDING SOME LANDSCAPING.
WE ARE GOING TO PLAN TO DO IT AS SOON AS POSSIBLE, BECAUSE WE WANT TO MAKE SURE THE PROPERTY LOOK NICE AND APPEAL TO OUR COMMUNITY MEMBERS AND THEN THE ROAD WE ARE GOING TO DEVELOP RIGHT AWAY.
I'M GOING TO MEET WITH VALERIA TODAY AND TALK TO HER ABOUT WHAT WE CAN DO AS SOON AS POSSIBLE.
THE PRAYER ROOM WILL BE CONSTRUCTED WITHIN A YEAR AFTER WE TURN IN THE DESIGN FOR THE PRAYER ROOM AND THEN, YOU KNOW, WHATEVER NEEDS TO BE DONE.
AND THEN IF YOU HAVE ANY OTHER QUESTION REGARDING THE PROPERTY, THE DEVELOPMENT, PLEASE LET ME KNOW.
I WILL BE ABLE TO ANSWER IT, I APPRECIATE IT, IT SOUNDS LIKE WE'RE SEEING THE SAME THING.
I WOULD JUST LOVE SOME CLARITY IN THE CONDITIONAL USE PERMIT.
[00:10:01]
YOU KNOW, GOING FORWARD, IT SOUNDS LIKE YOU'RE AGREEABLE TO EVERYTHING WE'RE TALKING ABOUT.YEAH, WE PLAN TO OBEY WHATEVER THE, MITIGATED NEGATIVE MITIGATION, MITIGATED NEGATIVE DECLARATION AND THE MONITORING BY THE EMC GROUP, THEY'RE GOING TO PUT ON US.
WE ARE GOING TO FOLLOW THE RULES AND REGULATION AND DO EVERYTHING POSSIBLE TO MAKE SURE, YOU KNOW, WE WANT TO MAKE THIS A COMMUNITY CEMETERY ONE OF THE, GOOD LOOKING AND NICE AND PEOPLE FROM OUR COMMUNITY CAN COME AND VISIT.
AND REGARDING THE BURIAL, YOU KNOW, WE DON'T FORESEE TOO MANY, BUT AT LEAST, YOU KNOW, WE ARE EXPECTING MAYBE 5 TO 10 BURIAL A WEEK.
MAYBE. BUT THEY ALL WILL BE HAPPENING DURING THE DAYTIME AND DURING THE BURIAL.
YOU KNOW, ONLY THE FAMILY MEMBERS ARE COMING, SO WE WON'T HAVE TOO MANY CARS COMING IN THE 20 OF THE PARKING SPOT, THAT IS SUFFICIENT. IN CASE WE NEED, WE CAN ASK VALERIA FOR, YOU KNOW, WE CAN BUILD MORE, BUT I THINK FOR NOW, 20 PARKING SPOT IS ENOUGH FOR THE PEOPLE TO COME IN AND, YOU KNOW, BURY THEIR LOVED ONES AND GO AWAY.
THEY'LL HAVE THEIR OWN KEY TO GET IN AND GO OUT OR SOMETHING, OR WE'LL HAVE A STAFF MEMBER, THEY CAN COME, THEY CAN TALK TO HIM BEFORE THEY COME OVER OR SOMETHING LIKE THAT. SEE, THAT BRINGS UP A GOOD POINT.
AND THE WAY THIS IS WRITTEN, YOU CAN'T HAVE MORE THAN ONE A DAY.
SO YOU WOULD BE IN VIOLATION OF THIS, OF THIS AGREEMENT.
YEAH. IN A WEEK. SO TO PROTECT YOU ALSO WE PROBABLY NEED A LITTLE MORE CLARITY.
YOU KNOW, MAXIMUM, BUT IT MAY BE ONE A DAY.
MAYBE, BUT WE CAN ALWAYS ADJUST.
IF THE CITY SAYS, YOU CANNOT DO MORE THAN ONE BURIAL A DAY WILL OBEY BY THAT RULE.
ANY QUESTION? SO WE ASK THE COMMISSIONERS, COMMISSION MEMBERS, COMMISSIONERS TO APPROVE OUR CEMETERY PROJECT WHOLEHEARTEDLY AND FULFILL OUR COMMUNITY DESIRE FOR FOR A LONG AWAITED CEMETERY.
WE ARE ABOUT 600 VOLUNTEERS REPRESENTING COMMUNITY MEMBERS FROM COUNTIES IN NORTHERN CALIFORNIA, INCLUDING MERCED COUNTY, SAN JOAQUIN COUNTY, STANISLAUS COUNTY. ALL MEMBERS HAVE CONTRIBUTED FINANCIALLY TO THE PURCHASE OF THE LAND, ENVIRONMENTAL STUDY FEES, COUNTY FEES, ETC..
AS A COMMUNITY MEMBERS, WE ARE WHO ARE AGING IN BIG NUMBERS, INCLUDING ME.
URGENTLY, URGENTLY NEED A CEMETERY CLOSE BY RIGHT NOW BY GETTING A CEMETERY IN CENTINELA.
IT IS A CENTRAL LOCATION, AN HOUR DRIVE FROM MODESTO, AN HOUR AND A HALF FROM SANTA CLARA.
SO THANK THANK YOU COMMISSIONER, COMMISSIONERS.
THANK YOU. ANYONE ELSE? OKAY. SEEING NONE, I'LL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE COMMISSION FOR DISCUSSION OR MOTION.
THE NUMBER OF BURIALS, I THINK IS NOT CLEAR IN HERE.
IF THEY HAD AN INTENTION OF DOING TEN, YOU KNOW, ON A, ON A MAXIMUM TIME, THEY WOULDN'T BE ALLOWED TO BY THE STANDARDS HERE, THE ROAD EGRESS I THINK THEY'RE WILLING TO THEY'RE ALREADY PLANNING ON DOING IT.
BUT AGAIN IT'S NOT CLEAR IN THIS AGREEMENT.
SO WE'LL JUST CONTINUE THE MEETING SO WE WOULDN'T HAVE TO REPOST IT THAT WAY.
CORRECT? YEAH, THAT WOULD BE MY MOTION.
OKAY. SO YOU HAD A MOTION TO CONTINUE THIS ITEM TILL THE NEXT PLANNING COMMISSION MEETING AND, SEND IT BACK TO THE STAFF FOR A LITTLE, TWEAKING OF THE PARAMETERS OF THE THING REGARDING THE NUMBER OF BURIALS AND LANDSCAPING AND EGRESS. YEAH.
AND, SO I'VE GOT A MOTION FOR THAT.
ALL THOSE IN FAVOR? AYE. CHAIR VOTES AYE.
AND SO THIS WILL BE CONTINUED TO THE NEXT, PLANNING COMMISSION MEETING.
[00:15:04]
AND HOPE YOU UNDERSTAND THAT'S NOT A, A NEGATIVE AGAINST THE PROJECT.IT'S JUST WE WANT TO MAKE SURE EVERYBODY IS ON THE SAME PAGE BEFORE WE GO FORWARD, OKAY.
ALL RIGHT. SO THIS ITEM HAS BEEN CONTINUED.
I AM THE DEPUTY DIRECTOR OF PLANNING, AND I HAVE THE PLEASURE OF PRESENTING ADMINISTRATIVE APPLICATION NUMBER AA 23-026 AND THE ASSOCIATED SITE PLAN AND DESIGN REVIEW NUMBER SPR 23-011 FOR CASA DOS ACORES.
THE REQUEST IS TO DEMOLISH AND REPLACE AN EXISTING COMMUNITY SOCIAL HALL AND ALL OTHER AND ANCILLARY STRUCTURES TOTALING ABOUT 1200FT², WITH A NEW 7800 SQUARE FOOT COMMUNITY, COMMUNITY SOCIAL HALL AND SURFACE PARKING LOT.
THIS FACILITY WAS PREVIOUSLY PERMITTED IN 1989 UNDER A CONDITIONAL USE PERMIT CUP 3432/ZONE VARIANCE ZV281, AND THE REASON WHY A NEW APPLICATION IS BEING PROPOSED BECAUSE IT'S CONSIDERED A MAJOR MODIFICATION.
MAJOR MODIFICATIONS UNDER THE NEW ZONING CODE HAVE TO BE REVIEWED WITH A NEW APPLICATION.
THE FACILITY IS CURRENTLY UTILIZED BY CULTURAL ORGANIZATION CASA DE AZORES FOR COMMUNITY AND CULTURAL ORIENTED ACTIVITIES, INCLUDING MEETINGS, SOCIAL GATHERINGS, CLASSES AND LESSONS.
ALL LARGE FUNDRAISING EVENTS ARE HELD ELSEWHERE.
HERE IS A SLIDE SHOWING THE VICINITY OF THE PROJECT SITE.
THE PROJECT SITE IS HIGHLIGHTED IN RED.
THIS CLOSE UP AERIAL VIEW OF THE PROJECT SITE SHOWS THAT THE PARCEL.
IN TOTAL, THERE'S ABOUT 1200FT² OF STRUCTURES BUILT AND 31 PARKING SPACES, AS WELL AS THREE DRIVEWAYS AND AN OUT ON LANDER AND AN ALLEYWAY THAT ABUTS THE PARCELS ON THE WESTERN PROPERTY LINE.
THIS NEXT SLIDE IS THE PROPOSED SITE PLAN.
AS YOU CAN SEE, THERE'LL BE JUST ONE BUILDING ABOUT 7000FT² AND PARKING.
YOU'LL NOTICE THAT THE DRIVEWAYS WILL BE CONSOLIDATED TO JUST ONE DRIVEWAY ON LANDER AVENUE, AND THEN AN ACCESS ON, THE ALLEYWAY AS WELL. THIS SLIDE HERE SHOWS A LITTLE BIT OF THE PHASING.
SO HIGHLIGHTED IN BLUE IS WHERE THE NEW BUILDING WOULD BE LOCATED.
AND THEN RED WOULD BE WHERE THE PARKING AREA IS.
AND ONCE THAT'S BUILT, THEN THEY'LL DEMOLISH AND, COMPLETE THE REST OF THE PARKING FACILITIES.
IT CAN BE FOUND CONSISTENT WITH, GOALS OF THE GENERAL PLAN, AS WELL AS OBJECTIVES, POLICIES AND IMPLEMENTATIONS MEASURES FOR THE HILMAR COMMUNITY PLAN. AND IT'S REALLY REGARDING CREATING A PEDESTRIAN ORIENTED COMMUNITY THAT ACCOMMODATES BOTH RESIDENTIAL, BUSINESS AND ECONOMIC GROWTH WHILE MAINTAINING A SMALL TOWN ATMOSPHERE.
SO THAT'S VERY MUCH IN LINE WITH THE GOALS.
AND THEN FOR THE ZONING, THIS PARCEL IS ZONED C2 GENERAL COMMERCIAL ZONE.
AS MENTIONED BEFORE, THIS HAS BEEN PREVIOUSLY PERMITTED.
AND WE ARE REQUIRING A NEW PERMIT BECAUSE, OR BECAUSE IT'S CONSIDERED A MAJOR MODIFICATION RATHER THAN PERMITTING IT AS A CP, WE'RE DOING IT AS A ADMINISTRATIVE APPLICATION NOW BECAUSE PLACES OF ASSEMBLY ARE PERMITTED IN THE C2 ZONE AS, ADMINISTRATIVE PERMIT, THE PARKING REQUIREMENT IS TREATED AS A LEGAL NONCONFORMING, AS IT WAS GRANTED BY A VARIANCE.
[00:20:04]
SO AS LONG AS THE USE ISN'T CHANGING, WE CAN CONTINUE MAINTAINING THAT NONCONFORMITY.AND THEN OTHERWISE THE PROJECT IS CONSISTENT WITH UP TO DATE STANDARDS REGARDING LANDSCAPING PERFORMANCE STANDARDS AND DEVELOPMENT STANDARDS, AS WELL AS SCIENCE STANDARDS IN THE ZONING CODE.
FOR ENVIRONMENTAL REVIEW, STAFF HAS FOUND THAT THE PROJECT CAN BE FOUND CATEGORICALLY EXEMPT FROM THE CEQA GUIDELINES UNDER SECTION 15302. REPLACEMENT OR RECONSTRUCTION OF STRUCTURES.
AND THERE'S ONLY A SMALL INCREASE OF PARKING SPACES, WHICH REALLY WOULDN'T INTENSIFY THE USE OF THE PROPERTY AND WOULD HAVE THE PROPERTY ACTUALLY MORE ALIGNED TO THE PARKING REQUIREMENTS THAT WOULD BE USUALLY REQUIRED WITH A PLACES OF ASSEMBLY.
SHOULD ACTUALLY BE DECEMBER 28TH.
I'M SORRY, THERE'S A TYPO ON THE SLIDE.
IT SHOULD BE DECEMBER 28TH AND THEN MAILED TO PROPERTY OWNERS ON DECEMBER 29TH, 2023, ONE COMMENT WAS RECEIVED AS PROVIDED BY THE TO THE COMMISSION AS WELL AS THE PUBLIC AFTER THE PUBLICATION OF THE STAFF REPORT.
THAT COMMENT DID EXPRESS OPPOSITION ON THE PROJECT BECAUSE THEY HAD CONCERNS THERE WOULD BE A VISUAL IMPACT OF A PARKING LOT ON THEIR PROPERTY, AS WELL AS THAT, KIND OF DECREASING THE VALUE OF THEIR PROPERTY.
SO THAT WOULD BE THE, STRUCTURE THAT'S VISIBLE FROM THAT HOME.
SO THERE WOULDN'T BE A VIEW OF A PARKING LOT.
AND ADDITIONALLY, EVEN IF IT WAS, PARKING LOT WAS CONSTRUCTED THERE, THE PARKING LOT DOES MEET THE LANDSCAPE STANDARDS AS REQUIRED BY THE ZONING CODE, AND IT IS A COMMERCIAL LAW THAT COULD HAVE PARKING, GIVEN ALL THE INFORMATION THAT WE HAVE IN THE STAFF REPORT, AS WELL AS SUMMARIZED TODAY IN THE PRESENTATION, I HAVE TWO RECOMMENDATIONS FOR THE COMMISSION.
THE FIRST IS TO DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15302, REPLACEMENT OR RECONSTRUCTION OF THE CEQA GUIDELINES. AND THEN THE SECOND IS TO APPROVE ADMINISTRATIVE APPLICATION NUMBER AA 23-026 AND THE ASSOCIATED SITE PLAN DESIGN REVIEW NUMBER SPR 23-011.
THIS CONCLUDES STAFF'S PRESENTATION.
ANY QUESTIONS FOR TIFFANY? OKAY. I'LL OPEN THE PUBLIC HEARING AT THIS TIME, ANYBODY THAT WANTS TO SPEAK ABOUT THIS PROJECT, COME FORWARD AND STATE YOUR NAME AND ADDRESS.
YEAH, I'D BE HAPPY TO MAKE THE MOTION TO DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15302, REPLACEMENT OR RECONSTRUCTION OF THE CEQA GUIDELINES.
OKAY. GOT A MOTION AND A SECOND FOR THE CEQA DETERMINATION.
ALL THOSE IN FAVOR? AYE. AND CHAIR VOTES AYE.
DID YOU VOTE AYE? YES. OKAY, I DIDN'T HEAR YOU.
ALL RIGHT. SO THAT HAS PROVED UNANIMOUSLY.
YES. SO I'LL MAKE A MOTION APPROVING ADMINISTRATIVE APPLICATION NUMBER AA 23-026.
THE SITE PLAN AND DESIGN REVIEW NUMBER SPR 23-011.
OKAY. YOU GOT A MOTION AND A SECOND ON THE PROJECT.
DETERMINATION. ALL THOSE IN FAVOR? AYE. AND CHAIR VOTES, AYE.
SO THIS PROJECT'S BEEN APPROVED.
ON TO THE NEXT ITEM, C . THANK YOU.
ALL RIGHT. GOOD MORNING, CHAIRMAN MOBLEY AND COMMISSIONERS.
MY NAME IS ETHAN HERR, AND I'M A PLANNER WITH THE MERCED COUNTY PLANNING DIVISION.
OUR DIVISION IS HOUSED UNDER THE COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
[00:25:01]
THE PROJECT BEFORE YOU IS EXTENSION APPLICATION NUMBER EXT.23-006 TO MAJOR SUBDIVISION NUMBER MAS 21-003, ALSO REFERRED TO AS COWDEN AVENUE SUBDIVISION FOR FIR AND ELM AVE, LLC.
THE PROJECT IS A REQUEST TO EXTEND THE EXPIRATION DATE OF THE APPROVED TENTATIVE MAP FOR MAJOR SUBDIVISION NUMBER MAS 21-003 BY TWO YEARS FROM OCTOBER 13TH, 2023 TO OCTOBER 13TH, 2025.
ADDITIONALLY, MAS 21-003 WAS APPROVED ON OCTOBER 13TH, 2021 BY THE PLANNING COMMISSION TO SUBDIVIDE TWO PARCELS TOTALING 17 ACRES INTO 84 SINGLE FAMILY RESIDENTIAL LOTS.
THERE ARE NO PRIOR EXTENSIONS OF THE APPROVED TENTATIVE MAP FOR MAJOR SUBDIVISION NUMBER MAS 23-006, AND IF APPROVED, EXTENSION APPLICATION NUMBER EXT 23-006 WOULD BE THE FIRST DISCRETIONARY EXTENSION OF THE APPROVED TENTATIVE MAP.
THIS IS THE VICINITY OF THE PROJECT SITE.
THE PROJECT SITE IS OUTLINED IN BLUE AND IS CURRENTLY VACANT.
THIS IS THE APPROVED TENTATIVE MAP, WHICH DISPLAYS THE LAYOUT OF THE 84 RESIDENTIAL LOTS AND INTERNAL ROADS FOR CIRCULATION BETWEEN DAN WARD ROAD AND FIR AVENUE, WHERE COWDEN AVENUE CURRENTLY DEAD ENDS.
THE PROJECT SITE IS DESIGNATED FRANKLIN BEACHWOOD URBAN COMMUNITY AND LOW DENSITY RESIDENTIAL LAND USE IN THE GENERAL PLAN AND ZONED R1 SINGLE FAMILY RESIDENTIAL. THERE HAVE BEEN NO SUBSTANTIAL CHANGES TO THE PROJECT, PROJECT, SITE OR SURROUNDING AREAS SINCE THE PROJECT WAS APPROVED BY THE PLANNING COMMISSION ON OCTOBER 13TH, 2021.
ZONING CODE REGULATIONS AND PROVISIONS OF THE SUBDIVISION MAP ACT AND TITLE 17.
THE STAFF HAS FOUND THAT THE EXTENSION APPLICATION NUMBER EXT 23-006 HAS FOUND THAT THIS PROJECT CAN BE.
APOLOGIES. TECHNICAL DIFFICULTIES WITH THE PRESENTATION.
APOLOGIES FOR THE TECHNICAL DIFFICULTIES.
IT APPEARS THE SLIDES THAT WERE PREPARED WERE ARE NOT ON THE ON THIS PRESENTATION.
SO REGARDING THE, REGARDING ENVIRONMENTAL REVIEW FOR EXTENSION APPLICATION NUMBER EXT 23-006, STAFF HAS DETERMINED THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15183 PROJECTS CONSISTENT WITH A COMMUNITY PLAN, GENERAL PLAN, OR ZONING OF THE CEQA GUIDELINES.
AS THE PROJECT IS CONSISTENT WITH THE FRANKLIN BEECHWOOD COMMUNITY PLAN AND 2030 MERCED COUNTY GENERAL PLAN, THE LATTER OF WHICH AN ERROR WAS CERTIFIED AND THERE HAVE BEEN NO SIGNIFICANT CHANGES TO THE PROPOSED PROJECT ENVIRONMENTAL CHARACTER OF THE PROJECT SITE OR SURROUNDING AREA.
NOTICE OF THIS PUBLIC HEARING WAS PUBLISHED IN THE MERCED COUNTY TIMES ON DECEMBER 28TH, 2023, AND MAILED TO PROPERTY OWNERS WITHIN 300FT OF THE PROJECT SITE ON DECEMBER 29TH, 2023.
ONE COMMENT LETTER WAS RECEIVED WITH CONCERNS REGARDING TRAFFIC CONGESTION.
[00:30:08]
SO THE CONCERN REGARDING TRAFFIC CONGESTION AND ROAD CAPACITY, THE SUBDIVISION WOULD IMPROVE OVERALL CIRCULATION WITH THE EXTENSION OF COWDEN AVENUE BETWEEN DAN WARD AND FIR AVENUE.ADDITIONALLY, THE DEPARTMENT OF PUBLIC WORKS REVIEWED THE PROJECT AND PROVIDED CONDITIONS OF APPROVAL, INCLUDING CONDITION NUMBER EIGHT, WHICH INCLUDED LEVEL ONE IMPROVEMENTS INCLUDING ROADWAY CONSTRUCTION AND CONDITION NUMBER 13.
TRAFFIC CALMING DEVICES SHALL BE INSTALLED ON COWDEN AVENUE.
PROJECTS CONSISTENT WITH A COMMUNITY PLAN, GENERAL PLAN, OR ZONING OF THE SEQUEL GUIDELINES BASED ON THE FINDINGS LISTED IN THE STAFF REPORT AND APPROVE EXTENSION APPLICATION NUMBER EXT 23- 006 TO MAS 21-003.
BASED ON THE FINDINGS AND SUBJECT TO THE ORIGINAL RECOMMENDED CONDITIONS OF APPROVAL.
THIS CONCLUDES STAFF PRESENTATION AND I AM NOW AVAILABLE FOR QUESTIONS.
OKAY. DOES ANYBODY HAVE ANY QUESTIONS FOR STAFF? JUST CURIOUS. YOU SAID THAT THE TRAFFIC CALMING MEASURES, WOULD THAT BE SPEED BUMPS OR ROUNDABOUTS? WHAT EXACTLY IS THAT? YES. THANK YOU, COMMISSIONER SPYCHER.
SO THAT WOULD ACTUALLY BE PART OF KIND OF VETTING OUT THE IMPROVEMENT PLANS WITH DPW.
SO IT COULD BE SPEED BUMPS, IT COULD BE BULB UPS, IT COULD BE A NUMBER OF THINGS.
OKAY. TO BE DETERMINED. EXACTLY.
OKAY, I'LL OPEN UP THE PUBLIC HEARING ON THIS PUBLIC HEARING.
GOOD MORNING. GOOD MORNING SIR.
OKAY. THIS LAND THAT YOU ARE TALKING ABOUT RIGHT HERE, THAT'S MY BACKYARD.
OKAY. IT'S NOT ONLY MY BACKYARD, BUT IT'S A BACKYARD TO THAT WHOLE STREET.
AND WE ALL ARE ORGANIC GARDENERS.
OKAY, I'VE BEEN THERE ALMOST 11 MONTHS, NO, 15 MONTHS.
AND WHAT WE HAVE A PROBLEM WITH IS THE RODENTS, GARBAGE THAT'S DUMPED IN THAT PROPERTY.
I'VE SPOKE TO WHOEVER OWNS THAT PROPERTY ABOUT SIX MONTHS AGO.
I DON'T KNOW WHETHER IT'S THE SAME OWNER OR THE NEW OWNER.
WHEN ASKED WHAT IS HE GOING TO DO TO AVOID THESE RODENTS COMING IN AND DESTROYING OUR GARDENS, DESTROYING OUR PROPERTY, COCKROACHES INFESTED. HE SAID IT'S GOING TO COST HIM MONEY.
LIKE I SAID, WE ARE ALL ORGANIC GARDENERS.
IT COSTS US MORE TO CONTROL THAT.
CATS, IT'S SO MUCH RODENTS THAT THE CATS JUST SIT OUT THERE AND LOOK AT THEM.
NOW IT'S OKAY TO GIVE HIM THAT TWO YEAR EXTENSION.
WE'D LIKE TO KNOW WHAT IS HE GOING TO DO FOR US? IS HE GOING TO MAKE A PASS WITH THIS DISC TO STOP THAT RODENT FROM INFESTING US IN OUR GARDEN? IS HE GOING TO PUT UP SIGNS THAT SAYS NO DUMPING? IS HE GOING TO PUT UP SIGNS THAT NO ONE IS ALLOWED TO COME AND SQUAT IN THERE? WE ARE THE ONES THAT SUFFER.
WE ARE THE ONES THAT LIVE WITH FEAR WHEN SQUATTERS COME IN THERE.
OKAY. IT'S, IT SOUNDS LIKE A PROBLEM FOR CODE ENFORCEMENT.
AND, IS THAT SOMETHING THAT, THE COUNTY CAN DO IS GO OUT THERE AND? YES. SO, IF YOU CAN, TALK TO THE GENTLEMAN, IF WE CAN TALK TO THE GENTLEMAN IN THE BACK, WEARING THE COAT.
WE CAN HELP YOU TO GET THE COMPLAINT LODGED WITH CODE ENFORCEMENT.
IS IT IS THE RODENT THE CODE ENFORCEMENT'S PROBLEM? ALSO, I HEARD THAT ILLEGAL DUMPING, WHICH IS.
OKAY. I'M OKAY. I'M ALSO WORRIED ABOUT THE RODENTS THAT THAT'S CREATING.
I UNDERSTAND IF YOU COULD TAKE A TAKE A MOMENT TO SPEAK WITH MICHAEL PROFANT.
WE CAN HELP YOU GET THAT COMPLAINT LODGED.
THANK YOU VERY MUCH AND HAVE A WONDERFUL DAY.
THANK YOU AGAIN. APPRECIATE IT.
[00:35:10]
GOOD MORNING. MY NAME IS ISRAEL RODRIGUEZ.AND THE PROJECT YOU ARE PURSUING IS IN MY BACKYARD.
LET'S SO SAY I JUST WOULD LIKE.
I'M PRETTY NEW AT THIS, AND I DON'T KNOW WHAT WAS SAID EARLIER WHEN THIS PROJECT BEGAN, BUT, IS THERE GOING TO BE A WALL PUT UP BETWEEN OUR PROPERTY AND THEIR THE NEW HOUSING UP THERE, DO YOU KNOW? STAFF HAVE AN ANSWER FOR THAT.
AT THIS TIME, THAT HASN'T BEEN.
I DON'T THINK THAT WAS, PART OF THE ORIGINAL CONDITIONS OF APPROVAL.
SO WHAT'S GOING TO GO BETWEEN OUR PROPERTY AND THEIR PROPERTY? THE HOUSE, THE PROPERTY, THE HOUSES YOU'RE GOING TO PUT THERE.
WHAT'S GOING TO KEEP THE BARRIER SEPARATE? JUST LIKE ONE. IS THERE GOING TO BE AN ALLEY? IS THAT WHERE THEY'RE GOING TO PUT THE GARBAGE TO TRUCKS TO RUN THROUGH OR WHAT'S GOING TO HAPPEN? SO ARE YOU JUST TO GIVE ME A BETTER IDEA? IF YOU GO BACK TO THE NEXT ONE, ARE YOU TALKING ABOUT THE HOMES ON THE OTHER, A PERIMETER? SO THOSE HOMES WILL HAVE SOME TYPE OF, KIND OF MASONRY WALL OR MAYBE EVEN A FENCING.
AND THAT WILL KIND OF BE PART OF THE, OVERALL DEVELOPMENT OF THE PROJECT SITE.
I'M SORRY, I'M NOT QUITE UNDERSTAND SO.
WELL, RIGHT NOW THEY HAVE A SUBDIVISION MAP THAT SUBDIVIDES THE PARCELS.
THEY'LL ALSO HAVE TO SUBMIT A SITE PLAN AND DESIGN REVIEW THAT LOOKS AT LANDSCAPING AND ALSO SCREENING REQUIREMENTS TO MAKE SURE THAT THE OVERALL DEVELOPMENT OF THE SUBDIVISION IS IN LINE WITH THE COMMUNITY, THE ZONING CODE.
SO RIGHT NOW THAT THE WALL HASN'T BEEN DECIDED, BUT WHEN THEY COME AND SUBMIT FOR THEIR SITE PLAN DESIGN REVIEW, THEY'LL BE ABLE TO THEY WILL BE ABLE TO REQUIRE THAT OF THEM.
SO IN OTHER WORDS, THERE'S NOT GOING TO BE ANY LIKE AN ALLEY THERE.
CORRECT. THERE'S NO ALLEY THAT'S CURRENTLY PROPOSED.
YES. SO AS PART OF THE SITE PLAN, DESIGN REVIEW WILL MOST LIKELY REQUIRE SOME TYPE OF SCREENING STRUCTURE, EITHER A WALL OR A FENCE OR SOMETHING LIKE THAT, BUT IT HASN'T BEEN DECIDED YET UNTIL.
AND HOW MANY HOW MUCH OF THAT IS IS THAT ANY OF OUR PROPERTY THAT'S GOING TO BE DIVIDED THERE? NO, THIS WOULD ONLY AFFECT THE AFFECTED PARCELS.
THANK YOU SIR. ANYONE ELSE? GOOD MORNING.
I HAVE A QUESTION, IF YOU FOLKS PLEASE.
WE HAVE HAD TWO, AT LEAST A COUPLE OF VOLUNTEER CLEANUP DAYS WHERE WE HAVE GONE INTO THAT FIELD, AND CLEANED UP PILES AND PILES OF TRASH THAT ARE GETTING DUMPED BACK THERE.
WE'VE ALSO HAD THE PROBLEM WITH SQUATTERS, BUT ONE OF THE IMPORTANT THINGS THAT I SAW IN THIS FIELD CLEANUP, IN THIS TRASH CLEANUP, WAS THESE THERE WAS DOZENS AND DOZENS OF USED SYRINGES IN THESE PILES OF TRASH, AND WE HAD TO WATCH OUT WHAT WE WERE.
WE HAD TO USE GLOVES TO GET IT ALL PICKED UP.
IT IS TO ME THIS THESE PILES OF TRASH ARE LIKE WITHIN 50FT OF THE BACKYARD OF JOE STEPHANIE'S SCHOOL, WHERE THE CHILDREN COME OUT IN THE BACKYARD AND PLAY ALL THE TIME.
AND NOW THAT THE DUMP FEES HAVE GONE UP, THIS IS GOING TO PUT EXTRA PRESSURE ON PEOPLE.
THE GARDENERS, WHOEVER DUMPING THEIR TRASH IN THIS FIELD.
SO IS THERE ANYTHING GOING TO BE DONE TO ADDRESS THOSE ISSUES? AGAIN, IT SOUNDS LIKE A CODE ENFORCEMENT DEAL THAT, IF YOU WANT TO TALK TO THE GENTLEMAN IN THE BACK.
OKAY, PERHAPS WE NEED TO HAVE, MORE SURVEILLANCE OF THAT LOT.
BUT I'M SURE THE COUNTY WOULD BE, WOULD BE HELPFUL IN THAT.
OKAY. THANK YOU SO VERY MUCH FOR YOUR TIME, SIR.
THANK YOU. SOME SIGNS WOULD BE NICE.
[00:40:02]
WELL, THAT'S.YOU'RE SITTING NEXT TO THE GENTLEMAN THAT CAN HELP YOU WITH THAT, I THINK.
ANYONE ELSE? ALL RIGHT. I'LL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE COMMISSION FOR DISCUSSION, OR A MOTION.
YES, I'D BE HAPPY TO MAKE THE MOTION TO DETERMINE THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15183 PROJECT PURSUANT, CONSISTENT WITH COMMUNITY PLAN, GENERAL PLAN, OR ZONING OF THE CEQA GUIDELINES BASED ON THE FINDINGS IN THE STAFF REPORT.
OKAY. GOT A MOTION AND A SECOND.
AND ALL THOSE IN FAVOR? AYE. AND I CHAIR VOTES AYE ALSO.
AND NOW ON THE PROJECT MOTION APPROVING EXTENSION APPLICATION NUMBER EXT 23-006 TO MAS 21-003.
BASED ON THE FINDINGS AND SUBJECT TO THE ORIGINAL RECOMMENDATION, CONDITIONS OF APPROVAL.
OKAY. GOT A MOTION AND A SECOND ON THE PROJECT.
AND ALL THOSE IN FAVOR? AYE. AND CHAIR VOTES AYE.
LET'S SEE. WE GOT COMMISSION ACTION ITEMS. NOTHING FURTHER AT THIS TIME.
NOTHING FURTHER TO ADD, THANK YOU.
ANY COMMISSIONER COMMENTS? OKAY. WE'RE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.