[1. CALL TO ORDER] [00:00:03] GOOD MORNING, EVERYONE, AND WELCOME TO THE JANUARY 22ND PLANNING COMMISSION MEETING. I'M GOING TO CALL THIS MEETING TO ORDER AND DO THE PLEDGE OF ALLEGIANCE. ALLEGIANCE]. THANK YOU. ROLL CALL OF COMMISSIONERS? . YOU HAVE A QUORUM. THANK YOU. WE'RE GOING TO MOVE ON TO THE APPROVAL OF THE MINUTES, AS EVERYBODY HAD A CHANCE TO TAKE A LOOK AT IT. [4. APPROVAL OF MINUTES] WOULD SOMEBODY LIKE TO MAKE A MOTION? I MOVE, WE ACCEPT THE MINUTES. WE HAVE A MOTION. SECOND. AND A SECOND. ALL IN FAVOR? AYE. OPPOSED? PASSES UNANIMOUSLY. ENORMOUSLY. NOW WE'RE GOING TO MOVE ON TO CITIZENS COMMUNICATION. IF ANYBODY WOULD LIKE TO SPEAK ON SOMETHING THAT'S NOT ON TODAY'S AGENDA, NOW WOULD BE THE TIME TO DO SO. SEEING NONE, WE'RE GOING TO CLOSE CITIZEN COMMUNICATION AND MOVE ON TO PUBLIC HEARING. [6. PUBLIC HEARING(S)] MINOR SUBDIVISION NUMBER MS24-011. THANK YOU, CHAIRMAN SPYCHER AND COMMISSIONERS, AND GOOD MORNING. MY NAME IS ETHAN HERR, AND I'M A PLANNER WITH THE MERCED COUNTY PLANNING DIVISION. THE PROJECT BEFORE YOU TODAY IS MINOR SUBDIVISION NUMBER MS24-011 FOR THE APPLICANT, JOHN ROWE SEXAUER II. THE PROJECT IS A REQUEST TO CREATE A THREE ACRE FINANCIAL PARCEL FROM AN EXISTING 20 ACRE PARCEL. THE FINANCIAL PARCEL WOULD BE IDENTIFIED AS A TAX PARCEL AND WOULD BE USED AS A SECURITY INSTRUMENT FOR FINANCING THE CONSTRUCTION OF A RESIDENCE TO BE OCCUPIED BY THE PROPERTY OWNER. THE CONSTRUCTION OF A NEW RESIDENCE IS ANTICIPATED, BUT IS NOT PROPOSED WITH THIS PROJECT. THIS IS THE VICINITY OF THE PROJECT SITE. THE PROJECT SITE IS OUTLINED IN BLUE AND CONSISTS OF A SINGLE PARCEL. THE SITE IS LOCATED ON THE WEST SIDE OF NORTH AMSTERDAM ROAD, APPROXIMATELY 700FT NORTH OF WEST KENNY AVENUE IN THE WINTON AREA, AND THE SURROUNDING AREA IS CHARACTERIZED BY AGRICULTURAL LAND USES. THIS IS A MAGNIFIED AERIAL IMAGE FOCUSING ON THE NORTHEAST PORTION OF THE PROJECT SITE. WHILE THE PROJECT SITE LARGELY CONSISTS OF HAY FIELDS, THIS IMAGE DISPLAYS THE LOCATION OF AN EXISTING BARN. THE PROJECT SITE HAS BROAD FRONTAGE ALONG AMSTERDAM ROAD AND IS NOT CURRENTLY DEVELOPED WITH ANY ON SITE WELLS OR SEPTIC SYSTEMS. THIS IS THE TENTATIVE PARCEL MAP WHICH DISPLAYS THE PROPOSED THREE ACRE FINANCIAL PARCEL SHADED IN BLUE. THE PROPOSED FINANCIAL PARCEL WOULD MAINTAIN ROAD FRONTAGE ALONG AMSTERDAM ROAD, AND THE RESULTING FINANCIAL PARCEL WOULD NOT BE CONVEYED SEPARATELY UNLESS THE DIVISION OCCURS BY JUDICIAL FORECLOSURE OR OTHER LEGAL PROCEEDINGS WHICH DISCHARGE THE LIEN OF THE SECURITY INSTRUMENT. THE PROJECT SITE IS DESIGNATED AGRICULTURAL LAND USE IN THE GENERAL PLAN, AND THE PROJECT SITE IS CONSISTENT WITH THE APPLICABLE GENERAL PLAN POLICIES REGARDING THE FACILITATION AND PRESERVATION OF AGRICULTURAL USES. THE PROJECT IS ALSO CONSISTENT WITH THE APPLICABLE PROVISIONS OF TITLE 17 AND THE SUBDIVISION MAP ACT. THE PROJECT SITE IS NOT UNDER A WILLIAMSON ACT CONTRACT, BUT IS PART OF THE MERCED COUNTY AGRICULTURAL PRESERVE. THE PROPOSED PROJECT WOULD RESULT IN A THREE ACRE FINANCIAL PARCEL, WHICH IS NOT A SEPARATE LEGAL PARCEL. THEREFORE, AN AMENDMENT TO THE AGRICULTURAL PRESERVE WOULD NOT BE REQUIRED AND IN COMPLIANCE WITH GENERAL PLAN POLICY AG 312. STAFF HAS RECOMMENDED THE FINAL MAP INCLUDE A NOTE STATING THAT IN THE EVENT OF A FORECLOSURE, ANY NEW RESIDENCES WILL REQUIRE A CONDITIONAL USE PERMIT FROM THE COUNTY. THE PROJECT SITE IS ZONED A1 GENERAL AGRICULTURAL, AND THE PROJECT IS ALSO CONSISTENT WITH THE APPLICABLE PROVISIONS OF THE ZONING CODE. SECTION 18.10.030 (F)(1) OF THE ZONING CODE ALLOWS FOR AN EXCEPTION TO THE MINIMUM PARCEL SIZE REQUIREMENT, SUBJECT TO CERTAIN CRITERIA. THE PROJECT PROPOSES THE CREATION OF A FINANCIAL PARCEL PURSUANT TO SECTION 18.10.030 (F)(1). SPECIFICALLY, THE FINANCIAL PARCEL WOULD BE CREATED BY THE CONVEYANCE OF A SECURITY INSTRUMENT TO FINANCE A SINGLE FAMILY DWELLING TO BE OCCUPIED BY THE PARCEL OWNER OR A MEMBER OF THEIR IMMEDIATE FAMILY, AND IS AT LEAST ONE ACRE AND NOT MORE THAN FIVE NET ACRES IN SIZE, WHICH WOULD BE ADEQUATE FOR AN ON SITE WASTE DISPOSAL SYSTEM. REGARDING ENVIRONMENTAL REVIEW, STAFF HAS FOUND THAT THE PROPOSED SUBDIVISION MAY BE FOUND EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(B)(3) [00:05:01] OF THE CEQA GUIDELINES, AS THE PROJECT PROPOSES A FINANCIAL PARCEL TO BE USED AS A SECURITY INSTRUMENT TO FINANCE THE CONSTRUCTION OF A NEW RESIDENCE, AND THE RESULTING FINANCIAL PARCEL WOULD NOT BE A SEPARATE LEGAL PARCEL. NOTICE OF THIS PUBLIC HEARING WAS PUBLISHED IN THE MERCED COUNTY TIMES ON JANUARY 9TH, 2025, AND MAILED TO PROPERTY OWNERS OF RECORD WITHIN 300FT OF THE PROJECT SITE ON JANUARY 10TH, 2025. NO WRITTEN COMMENTS WERE RECEIVED WITH THE ANALYSIS AND FINDINGS PROVIDED IN THE STAFF REPORT AND PRESENTED IN THIS PRESENTATION. STAFF HAS TWO RECOMMENDATIONS. DETERMINE THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES AND APPROVE MINOR SUBDIVISION NUMBER MS24-011. BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL. THIS NOW CONCLUDES STAFF'S PRESENTATION AND I AM AVAILABLE FOR ANY QUESTIONS. THANK YOU. DOES ANY MEMBER OF THE COMMISSION HAVE ANY QUESTIONS FOR STAFF? JUST ONE. DID I HEAR YOU SAY THAT IF HE WAS GOING TO BUILD A HOUSE ON THIS PARCEL, HE'D HAVE TO HAVE ADDITIONAL APPROVAL. HE'D HAVE TO COME BACK TO US TO GET APPROVAL FOR THAT. IN THE EVENT OF A FORECLOSURE. OH, IN THE EVENT OF FORECLOSURE, IF HE'S ALREADY BUILT A HOUSE ON IT, THAT HE WOULD HAVE TO COME BACK AND GET A CONDITIONAL USE PERMIT FROM US AT THAT POINT. SO THIS PROJECT ISN'T PROPOSING THE CONSTRUCTION OF A HOUSE, IS PROPOSING THE CREATION OF A PARCEL TO BE USED AS A SECURITY INSTRUMENT TO CONSTRUCT THE HOME. ALL RIGHT. THANKS. THANK YOU. ANY OTHER QUESTIONS? SEEING NONE, WE'LL OPEN UP THE PUBLIC HEARING ON THIS. IF ANY MEMBER FROM THE AUDIENCE WOULD LIKE TO COME AND SPEAK ON IT, NOW WOULD BE YOUR OPPORTUNITY. SEEING NONE, WE'RE GOING TO CLOSE THE PUBLIC HEARING AND MOVE ON TO. WHAT'S THE WILL OF THE COUNCIL HERE? ANYBODY LIKE TO MAKE A MOTION? I'LL DO IT. ON THE CEQA DETERMINED THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15 061B3. COMMON SENSE OF THE CEQA GUIDELINES. WE HAVE A MOTION. DO WE HAVE A SECOND? WE HAVE A MOTION AND A SECOND. ALL IN FAVOR? AYE. OPPOSED? THAT PASSES UNANIMOUSLY. NOW WE'LL MOVE ON TO THE PROJECT. DETERMINATION. I MOVE THAT WE APPROVE. MINOR SUBDIVISION NUMBER MS24-011. BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL. WE HAVE A MOTION. WE HAVE A SECOND. SECOND. AND A SECOND. ALL IN FAVOR? AYE. OPPOSED? THAT ALSO PASSES UNANIMOUSLY. NOW WE'RE GOING TO MOVE ON TO COMMISSIONER ACTION ITEMS. SEEING NONE. DIRECTOR'S REPORT? NONE. NONE, COMMISSIONERS COMMENTS? WELL NO. PERFECT MOVE TO ADJOURN. THANK YOU, EVERYBODY, FOR COMING OUT. BYE. * This transcript was compiled from uncorrected Closed Captioning.