GOOD MORNING, EVERYONE, AND WELCOME TO TODAY'S PLANNING COMMISSION MEETING. [00:00:04] WE'RE GOING TO CALL THIS MEETING TO ORDER AND START WITH THE PLEDGE OF ALLEGIANCE. ALLEGIANCE]. THANK YOU EVERYONE. ROLL CALL OF COMMISSIONERS. COMMISSIONER TATUM.HERE. COMMISSIONER JAWAD.HERE. CHAIRMAN SPYCHER. HERE. MISTER CHAIR, YOU HAVE A QUORUM. THANK YOU SO MUCH. NOW, MOVING FORWARD APPROVAL OF THE MINUTES. [4. APPROVAL OF MINUTES] HAS ANYBODY HAD A CHANCE TO READ THOSE? I'D LIKE TO MAKE THAT MOTION. MOVE TO APPROVE. WE HAVE A MOTION. DO WE HAVE A SECOND? MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. AYE. OPPOSED? PASSES UNANIMOUSLY. NOW WE'RE GOING TO MOVE ON TO CITIZEN COMMUNICATION AT THIS POINT OF THE MEETING, IF THERE'S SOMETHING THAT'S NOT ON TODAY'S AGENDA AND YOU'D LIKE TO SPEAK ON IT, NOW WOULD BE THE TIME TO DO SO. SEEING NONE, WE ARE GOING TO CLOSE THE CITIZEN COMMUNICATION AND MOVE ON TO PUBLIC HEARING. [6. PUBLIC HEARING(S)] ADMINISTRATIVE APPLICATION NUMBER AA2 4-058. THANK YOU COMMISSIONERS. MY NAME IS MARK HAMILTON. I'M THE PROJECT PLANNER FOR THIS APPLICATION BEFORE YOU. THE APPLICATION FOR YOU IS ADMINISTRATIVE APPLICATION NUMBER AA 24-058. IT'S FOR LOS PANCHOS MEXICAN FOOD. THE APPLICANTS ARE CHRISTOFER AND SAULO TRISTAN. THE REQUEST BEFORE YOU IS TO ESTABLISH A FULL SERVICE BAR. ESSENTIALLY, WHAT THEY'RE DOING IS THEY'RE CHANGING THE THE LOCATION FROM A TYPE 41 TO A TYPE 48. THE DIFFERENCE BETWEEN THIS IS IS TYPE 41 IS A BASICALLY IT'S A FOOD SERVICE WITH BEER AND WINE BEING SERVED. OR A ROTATE 48 IS NO FOOD SERVICE, BUT THEY SERVE BEER, WINE AND DISTILLED SPIRITS. I DID WANT TO MAKE THE CLARIFICATION BETWEEN A TYPE 47 AND A TYPE 48 ONLY FOR THIS PURPOSE, BECAUSE OF THE FACT THAT TYPE 47 ALSO HAS FOOD SERVICE BEING SERVED WITH BEER, WINE AND DISTILLED SPIRITS WHERE THIS HAS NO FOOD SERVICE. AND THAT'S WHY IT'S CLASSIFIED AS A TYPE 48. THE PROPOSED BUSINESS HOURS ARE THURSDAY THROUGH SUNDAY, 3 P.M. TO 12 A.M. OR MIDNIGHT. THEY WOULD PROVIDE SECURITY DURING OPERATIONAL HOURS. THEY ARE PROPOSING TO CREATE 10 TO 12 JOBS, AND ADDITIONAL PAYMENTS WOULD BE REQUIRED IF THEY IF THEY PLAN TO HAVE LIVE MUSIC AND EVENTS IN THE FUTURE. AS FOR EXISTING CONDITIONS, THE SITE IS CONSIDERED FULLY BUILT OUT, BUT THE SITE IS APPROXIMATELY 6400FT². THERE'S A 2000 SQUARE FOOT COMMERCIAL BUILDING IN THE FRONT, WITH A 1200 SQUARE FOOT APARTMENT IN THE REAR. THE PARCEL IS ZONED MIXED USE IN THE GENERAL PLAN AND THE ZONING CODE, AND IS LOCATED IN THE COMMUNITY OF WINTON THE COUNTY HAS APPROVED A RESTAURANT WITH A TYPE 41 IN 2012. HOWEVER, IN 2020 AND 2024, THERE WAS FIRES IN THE KITCHEN AREA. THE APPLICANT SUBMITTED A BUILDING PERMIT OR APPLICANT RECENTLY SUBMITTED A BUILDING PERMIT TO THE COUNTY FOR REMODELING THE BUILDING, BUT STAFF HAS NOT BEEN ABLE TO TAKE ACTION ON BUILDING PERMIT UNTIL THIS ACTION HAS AN APPLICATION HAS BEEN HAS HAD ACTION TAKEN ON IT. THE APPLICANT ALSO SUBMITTED TO CHANGE THE ABC LICENSE FROM A TYPE 41 TO A TYPE 48, AND THAT'S ALSO PENDING AS WELL. THIS IS AN AERIAL SITE OF THE PROJECT. THE SITE IS IS SURROUNDED IN RED OR HIGHLIGHTED RED. THE LOCATION HAS MIXED USE ZONES TO THE NORTHEAST AND SOUTH, WHICH IS BASICALLY COMMERCIAL COMMERCIAL BUSINESSES. THERE IS A BAR LOCATED TO THE SOUTH EAST AREA OF THIS PROJECT SITE. THERE'S ALSO MULTIPLE DIFFERENT RESTAURANTS AND OTHER BUSINESSES THAT ARE SURROUNDING THIS AREA. THE PROPERTY HAS AN ALLEYWAY THAT SEPARATES IT FROM THE COMMERCIAL BUSINESSES AND THE RESIDENTIAL USES TO THE WEST. THE ADJACENCY ON THIS PROJECT SITE. THE IT IS SURROUNDED WITH BY THE STREETS OF WINTON WAY, WHICH IS ITS FRONTAGE. WALNUT AVENUE TO THE NORTH AND THEN GIRARD AVENUE TO THE SOUTH AND ACROSS CENTER STREET IS LOCATED TO THE WEST, BUT HAS AN ALLEYWAY BETWEEN THE 2. THIS IS A ZOOMED IN IMAGE OF THE PROJECT SITE. AS YOU CAN SEE, IT IS FULLY BUILT OUT. THE. SINCE THE SITE IS FULLY BUILT, IT HAS NO ABILITY TO HAVE ON SITE PARKING. ON SITE PARKING. BASICALLY, IT'S GOING TO UTILIZE THE ON STREET PARKING ALONG WINTON WAY AS WELL AS WALNUT AS WELL. AND GIRARD AVENUE FOR PARKING FOR ITS CUSTOMERS. THE OTHER COMMERCIAL USERS THAT ARE LONG WINTON WAY ALSO UTILIZE THE SAME PARKING AMENITY OF THE ON STREET PARKING ALONG WINTON WAY, AND YOU CAN ALSO SEE THE RESIDENTIAL USES THAT ARE ALONG THAT ALONG THE BACK SIDE OF THIS PROPOSED USE. [00:05:03] THIS IS THE SITE AS IT EXISTS TODAY. AS YOU CAN SEE, THERE ARE 4 PARKING SPACES IN FRONT OF THE BUILDING, BUT THOSE ARE BASICALLY THOSE ARE ON SITE PARKING. THOSE ARE NOT ACTUALLY THEY'RE NOT DESIGNATED FOR THE USE. THEY'RE NOT RESERVED FOR THE USE. THEY ARE BASICALLY OPEN TO WHOEVER IS IN THE AREA SHOPPING OR DOING WHATEVER THEY'RE DOING IN THAT LOCATION. AND ALSO YOU CAN SEE IN THE RESIDENTIAL FACILITY IN THE BACK, THERE'S ACTUALLY NO PARKING FOR THAT APARTMENT COMPLEX EITHER. THERE IS A PEDESTRIAN WALKWAY ALONG THE SOUTHERN PROPERTY LINE, WHICH IS THE BASE OF 5 FOOT SIDEWALK THAT HAS A GATE THAT PROTECTS PEOPLE FROM ENTERING THAT GATE AREA, THAT AREA. THIS IS THE INTERIOR IMPROVEMENTS THAT ARE BEING PROPOSED FOR THE FOR THE COMMERCIAL BUILDING. AS YOU CAN SEE, THE THE BAR AREA IS ON THE NORTHERN CENTER AREA OF THE PROJECTS OF THE BUILDING, WITH CHAIRS AND TABLES THAT ARE SURROUNDING THE BAR FACILITY, WITH ALSO WITH RESTROOMS BEING PROPOSED FOR BOTH MALE AND FEMALE. FOR GENERAL PLAN CONSISTENCY. THE GOAL OF THE LAND USE ELEMENT GOAL LU-5.D IS TO MAINTAIN ECONOMIC VITALITY, VIABILITY, AND PROMOTE THE DEVELOPMENT OF COMMERCIAL USES WITHIN URBAN COMMUNITIES THAT ARE COMPATIBLE WITH SURROUNDING LAND USES AND MEET THE PRESENT AND FUTURE NEEDS OF COUNTY RESIDENTS, WORKERS AND VISITORS. OF THE WINTON COMMUNITY PLAN, WHICH IS UPDATED IN 2021. GOAL LU-4 WAS PROVIDED A RANGE OF COMMERCIAL LAND USES TO MEET THE RETAIL AND EMPLOYMENT NEEDS OF THE WINTON RESIDENTS, AND I KIND OF PARAPHRASE GOAL LU-5, WHICH IS BASICALLY AN EXPANSION OF NEW BUSINESSES THAT PROVIDE JOB OPPORTUNITIES IN THE COMMUNITY. AS FOR ZONING CODE CONSISTENCY, AS PREVIOUSLY MENTIONED, THE PROJECT IS ZONED MIXED USE, WHICH IS DEFINED UNDER THE COMMERCIAL ZONES FOR CHAPTER 18.14 AS ZONES PROVIDING FOR NEW AREAS OF HIGH DENSITY RESIDENTIAL DEVELOPMENT WITH COMMERCIAL AND OFFICE USES, EITHER ON THE SAME PARCEL OR BLOCK WITHIN A PEDESTRIAN OR TRANSIT ORIENTED URBAN DEVELOPMENT ENVIRONMENT. BARS AND NIGHTCLUBS CAN BE CONSIDERED FOR APPROVAL WITH AN INITIAL APPLICATION. AS FOR OFF STREET PARKING DESIGN STANDARDS AND FOR LANDSCAPING. THIS PROJECT IS NOT IN CONFORMANCE WITH THESE STANDARDS. THAT'S BECAUSE IT'S FULLY BUILT OUT AND THERE IS NO PLACE FOR THERE TO BE FOR OFF STREET PARKING OR FOR LANDSCAPING TO BE INCLUDED. HOWEVER, WITH THE APPLICATION THE USE CAN BE CONSIDERED BECAUSE THE USE DOES NOT CHANGE ANY OF THE EXISTING BUILDOUT OF THIS DOESN'T CHANGE THE ON SITE IMPROVEMENTS OR THE FACILITY. AND BASICALLY THE BUILDING'S NONCONFORMANCE DOES NOT MAKE ANY MODIFICATIONS TO THAT. AND ALSO, THE USE IS SIMILAR IN NATURE FROM A RESTAURANT TYPE 41 TO A BAR AND TYPE 48. THOSE ARE ESSENTIALLY SIMILAR USES FOR THE PERFORMANCE STANDARDS FOR THE PARCEL WOULD BE REQUIRED TO COMPLY WITH PERFORMANCE STANDARDS AS OUTLINED IN 1840, INCLUDING NOISE. AND THIS IS IMPORTANT AND I'LL JUST IN A MINUTE. SECTION 18.40 PERTAINS TO EXCESSIVE NOISE BEING GENERATED. INCREASE IN NOISE DURING THE DAYTIME FROM 7 TO 10 P.M. IS AN INCREASE BY 10 DECIBELS. THAT MEANS THAT WOULD BE OUT OF CONFORMANCE. NOISE INCREASES OF MORE THAN 5 DECIBELS IN THE NIGHTTIME HOURS OF 10 P.M. TO 7 P.M.. THEN THAT WOULD BE CONSIDERED NONCONFORMANCE AND THAT WOULD BE SUBJECT TO CODE ENFORCEMENT. BACKGROUND NOISE SOUND LEVELS ARE SET FORTH IN CODE SECTION 10.60.060. THE STAFF DID PRESENT THIS ITEM TO THE WINTON MAC ON SEPTEMBER 16TH. WINTON MAC DID SUPPORT THIS UNANIMOUSLY AFTER DISCUSSION. THIS APPLICATION WAS PUBLICIZED IN MERCED COUNTY THE TIMES ON SEPTEMBER 11TH, AND WAS MAILED TO PROPERTY OWNERS WITHIN 300FT OF THE PROJECT SITE ON SEPTEMBER 12TH. STAFF DID RECEIVE ONE COMMENT VIA PHONE CALL FROM A RESIDENT REQUESTING ADDITIONAL NOISE PROOFING MATERIAL BE INSTALLED WITHIN THE BUILDING TO REDUCE THE AMOUNT OF NOISE PROJECTING FROM THE BUSINESS. AFTER THE STAFF REPORT WAS PUBLISHED, STAFF HAS RECEIVED 3 PHONE CALLS AND 1 EMAIL, WHICH IS ON THE DAIS TODAY FROM COMMUNITY MEMBERS STATING OPPOSITION TO THEIR PROPOSED PROJECT. ALSO, GENERAL PLAN AND THE WINTON PLAN CONSIDER THE IMPACT TO BE LESS THAN SIGNIFICANT PER THE DRAFT PROGRAM PEIR. PAGE 15-17. CONDITIONS 5 AND 6 WERE RECOMMENDED TO HAVE INCLUDED IN THE STAFF REPORT TO HOPEFULLY ADDRESS EVENTS LIKE MUSIC AND NOISE LEVELS. CONDITION 5 BASICALLY STATES OPERATIONS SHALL NOT HAVE ANY LIVE MUSIC AND OR EVENTS. IF THE APPLICANT WOULD LIKE TO PROPOSE A MODIFICATION TO ALLOW AN EVENT OR LIVE MUSIC. REVIEW AND APPROVAL OF AN APPLICATION WOULD BE REQUIRED FOR CONSIDERATION OF THE CONDITION OF OUR DEPARTMENT. AND IN CONDITION 6 IS BASICALLY NOISE LEVELS FROM THE PROJECT SITE DURING OPERATION HOURS SHALL COMPLY WITH PERFORMANCE STANDARDS. [00:10:05] SECTION 18.40.050 OF MERCED COUNTY ZONING CODE CHAPTER AND CHAPTER 10.16 OR 10.60 NOISE CONTROL. THE PROJECT CAN BE EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15.301, BECAUSE IT IS AN EXISTING FACILITY. BASED UPON THE FINDINGS OF THE PROJECT. PROPOSES TO REUSE EXISTING BUILDING IN THE DOWNTOWN WINTON WITH ONLY INTERIOR AND EXTERIOR IMPROVEMENTS. THE PROPOSED USE IS AN ALLOWABLE USE IN THE MIXED USE ZONE WITH APPROVAL OF INITIAL APPLICATION AND THE PROPOSAL, AND THE PROPOSED USE IS CONSISTENT WITH THE SURROUNDING LAND USES. WINTON PLAN ZONING CODE AND THE GENERAL PLAN BEFORE YOU? THIS MORNING, STAFF IS MAKING 2 RECOMMENDATIONS. 1 RECOMMENDATION IS TO MAKE A MOTION TO DETERMINE THE PROJECT CATEGORICALLY IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15.301 EXISTING FACILITIES. AND THE 2ND MOTION IS A MOTION TO APPROVE APPLICATION NUMBER AA24-058. BASED ON THE FINDINGS INCLUDED IN STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL. THE APPLICANT IS IN THE AUDIENCE TODAY. THAT CONCLUDES MY REPORT. ARE THERE ANY QUESTIONS OF STAFF? I HAVE A QUESTION. SO LOOKS LIKE PARKING IS A LITTLE CHALLENGING WITH THE PROJECT. BUT IF YOU LOOK AT THEIR HOURS OF OPERATION, WHEN DO SURROUNDING BUSINESSES ARE THEY MAYBE BUSINESSES THAT CLOSE AT 5:00 THAT OPEN UP PARKING FOR THAT? MY VIEW THERE'S A VARIETY OF USES. LIKE I MENTIONED, THERE'S RESTAURANTS. THERE'S THERE'S A CONVENIENCE STORE. THERE'S ANOTHER BAR JUST DOWN THE STREET FROM THIS LOCATION. SO THERE IS A VARIETY OF USES THAT HAVE A VARIETY OF DIFFERENT HOURS. WHEN I WENT TO THE WINTON MAC, I SAW THERE WAS AN ICE CREAM SHOP THAT'S OPEN LATER HOURS. I CAN SHOW YOU THAT ON HERE ON THE MAP. I'LL GO BACK TO THAT IMAGE HERE ON WALNUT AVENUE. THERE'S A SORT OF AN ICE CREAM SHOP THAT LOOKED LIKE THAT HAD PEOPLE ATTENDING IT. AND ABOUT 7:00 AT NIGHT IT SEEMED LIKE SO TO ANSWER YOUR QUESTION, THERE'S A LOT THERE'S A WIDE VARIETY OF USES THAT USE IT AT ALL DIFFERENT TIMES OF THE DAY. GOTCHA. THANK YOU. DOES ANYONE ELSE HAVE A QUESTION? JUST A QUESTION. AND YOU POPPED THE SITE UP. WHERE'S THE. I'D ASKED YOU EARLIER. WHERE'S THE TEQUILA? THE OLD BURNED DOWN TEQUILA CAFE IN RELATIONSHIP TO THIS. THE TEQUILA CAFE IS PROBABLY APPROXIMATELY A MILE SOUTH OF HERE. SO GOING TOWARDS WALNUT OR GOING THE OTHER WAY? GOING SOUTH PAST GIRARD AVENUE. SO GIRARD AVENUE IS JUST NORTH OF WINTON SANTA FE WHICH WHICH IS THE RAILROAD TRACKS AND THEN TEQUILA CAFE OR THE FORMER TEQUILA CAFE IS SOUTH OF RAILROAD TRACKS. AND ARE THERE ANY OTHER IF I CAN, MR. CHAIR? OH, OF COURSE. ARE THERE ANY OTHER? THERE WAS A WRITTEN CORRESPONDENCE THAT YOU PROVIDED US. ARE THERE ANY OTHER BARS SLASH ENTERTAINMENT AREAS CLOSE TO WHERE THIS PROJECT SITE IS NOW? YES, THERE IS. THERE IS THE EL NOA NOA NIGHTCLUB, WHICH IS ESSENTIALLY TO THE SOUTHEAST OF THIS PROPOSED LOCATION. AND THEY HAVE A TYPE 48 ALSO LICENSE, WHICH IS FOR BASICALLY A BAR NIGHTCLUB. ALL RIGHT, SO EAST GOT YOU. SO IF MY CURSOR. THAT'S YOUR LITTLE POINTER RIGHT THERE. THIS AREA. OKAY. AND YOU'VE GOT RESIDENTIAL AREAS SURROUNDING THAT. CORRECT. ON CENTER STREET AND ORANGE STREET. ORANGE RESIDENTIAL. THERE IS A SOME A RESTAURANT. THE THIS SAYS MIXED USE IS A CONVENIENCE STORE. THERE ARE SOME AND AS I MENTIONED, THE THE ICE CREAM SHOP IS ALONG WALNUT ABOUT HERE. THERE'S A GAS STATION RIGHT HERE. GAS STATION [INAUDIBLE] STORE RIGHT IN THIS LOCATION. THIS PAD, THERE'S A VACANT PARCEL THAT'S NEAR THERE. ALSO, THE WINTON WATER DISTRICT HAS A BUILDING THAT'S JUST NORTH OF THIS LOCATION. SO THAT'S MORE OF AN OFFICE HOURS. BUT THERE'S A VARIETY OF DIFFERENT USES IN THE AREA. SO WE'RE REALLY PUTTING THE ONUS ON THE NOISE IF THERE IS NOISE COMPLAINTS ON CODE ENFORCEMENT. SO IF THIS BODY DECIDES TO APPROVE THE PROJECT, THEN IF THERE ARE COMPLAINTS ABOUT NOISE, THEN CODE ENFORCEMENT HAS GOT TO GO OUT WITH A. A SHERIFF'S DEPARTMENT ENFORCEMENT. YEAH. OKAY. WE HAVE WE HAVE PUT CONDITIONS IN THERE. BUT THAT WOULD BE A CODE ENFORCEMENT, THOUGH. THANK YOU. IS THERE ANY OTHER QUESTIONS FOR STAFF? YEAH, I HAD A QUICK QUESTION. DOES CODE ENFORCEMENT GET A LOT OF CALLS ON OTHER BARS ON THE STREET? DO WE KNOW THAT? STAFF DID SEND OUT A REFERRAL LETTER TO THEM. WE DID NOT GET ANY COMMENTS BACK. WHEN I TALKED TO CHRIS ROCKEY, HE JUST BASICALLY MENTIONED THAT, YOU KNOW, THEY. AS THE CALLS COME IN, THEY ADDRESS THEM, BUT THEY DO. [00:15:02] THEY HAVE CALLS FOR ISSUANCE OF NOISES ALL OVER THE COUNTY. SO HE REALLY COULDN'T SAY ABOUT THIS LOCATION. OF COURSE. THEY DON'T HAVE A RECORD OF WHERE THOSE CALLS ARE. I DIDN'T SAY THAT. HE DIDN'T HAVE A RIGHT. HE DIDN'T HE COULDN'T ANSWER THE QUESTION AT THAT TIME BECAUSE IT DIDN'T COME OUT TO HIM RIGHT AT THAT MOMENT IN TIME. I DO KNOW THEY DO HAVE POLICE REPORTS AND THEY DO HAVE ADDRESSES IN THAT NATURE SO. BUT WE DON'T KNOW IF THERE HAVE BEEN ANY CALLS IN THAT AREA. WHEN I SPOKE TO HIM, HE COULDN'T PROVIDE ME. HE DIDN'T HAVE AN ANSWER. SO I THINK THAT REALLY THAT QUESTION, IF WE WOULD HAVE ASKED IN ADVANCE FOR CALLS FOR SERVICE OR IF WE WANT TO ASK IT BEFORE MAKING A DECISION IN THE FUTURE, IS SOMETHING THAT THE SHERIFF'S DEPARTMENT COULD PROBABLY GIVE US A HISTORY OF 6 MONTHS, 12 MONTHS, SOMETHING LIKE THAT. WOULD THAT SOUND CORRECT? THAT'S CORRECT. ANY OTHER QUESTIONS FOR STAFF? ALL RIGHT. SEEING NONE, WE ARE GOING TO OPEN UP THE PUBLIC HEARING NOW. IF YOU'D LIKE TO SPEAK ON THIS ISSUE NOW WOULD BE YOUR CHANCE TO COME DO SO. PLEASE COME UP TO THE MICROPHONE PLEASE. AND IF YOU COULD GIVE US YOUR NAME AND ADDRESS, THAT WOULD BE A HUGE HELP. THANK YOU. HELLO. MY NAME IS CHRISTOFER TRISTAN. THE OWNER PROPOSING THIS, ONE OF THE OWNERS PROPOSING THIS PROJECT. SO WE ACTUALLY PURCHASED THE PRIOR BUSINESS BACK IN, I BELIEVE. WAS IT 2000, 2016 OR 2018? I CAN'T REMEMBER. WE RAN IT WITH THE 41 FOR ABOUT 6 MONTHS, ROUGHLY SOMEWHERE AROUND THERE. THEN WE ENDED UP GETTING A LICENSE 47, WHICH IS A HARD LIQUOR, BUT WITH FOOD. WHILE THE TIME THAT WE WERE THERE, WE RAN INTO ABOUT 2020. WE NEVER HAD ANY NOISE COMPLAINTS, NEVER HAD ANY ISSUES WITH HAVING LAW ENFORCEMENT THERE. NO FIGHTS, NO ISSUES. AND WE RAN TO ABOUT 2 A.M. WITH WHEN WE WERE RUNNING THAT BUSINESS. AFTER THAT, WE HAD A GREASE FIRE DUE TO AN ACCIDENT WITH THE KITCHEN. MY FATHER RAN IT FOR ABOUT 6 MONTHS. THEN HE WANTED TO RETIRE, SO WE ENDED UP LEASING IT OUT. WE LEASED IT OUT TO SOMEBODY, THEY LEASED IT OUT TO SOMEBODY ELSE. AND THEN THERE WAS AN ARSON. WE WHAT WE'RE PROPOSING HERE. I'LL BE HONEST WITH YOU. WE WE HAVE ANOTHER RESTAURANT WE RAN IT FOR. WE'VE BEEN THERE FOR ABOUT 11 MONTHS WITH ALSO A BAR. NEVER HAD ANY ISSUES. YOU GUYS CAN, YOU KNOW, CALL THE SHERIFF'S, CALL MERCED PD HAVEN'T HAD ANY ISSUES THERE AND WE'VE BEEN THERE FOR ABOUT 11 YEARS. WE JUST OPENED UP ANOTHER BAR HERE IN DOWNTOWN MERCED. THAT 1 HAS ONLY BEEN OPERATING FOR CLOSE TO 3 MONTHS. AND AGAIN, NO ISSUES. OUR BIGGEST THING IS SECURITY FOR EVERYBODY, FOR THE PATRONS. I HATE GOING TO SOMEWHERE AND I DON'T FEEL SECURE. SO OUR BIGGEST THING, WE ALWAYS HAVE SECURITY OUT HERE. AND THAT'S WHAT WE'RE PROPOSING FOR THIS LOCATION AS WELL. LET ME SEE. DON'T REALLY HAVE ANYTHING ELSE MUCH TO SAY UNLESS YOU GUYS HAVE ANY QUESTIONS FOR ME. THAT'S WHAT I WAS GOING TO ASK IF ANYBODY HAS ANY QUESTIONS FOR THE APPLICANT. SORRY, I DON'T I DON'T KNOW IF THIS WAS MENTIONED ALREADY, BUT SECURITY IS GOING TO BE THERE FOR DURING THE FULL ALL THE WHOLE ENTIRE BUSINESS HOURS WHILE YOU'RE OPEN OR IS IT A CERTAIN TIME PERIOD? I BELIEVE SO IF NOT, THEN IT WOULD BE AT LEAST TILL. ABOUT I WOULD SAY MAYBE ANYWHERE FROM 5. START OFF AT 5 SOMEWHERE AROUND THERE. BECAUSE THAT'S REALLY WHEN PEOPLE GET OFF WORK RIGHT NEXT DOOR TO US. WE DO HAVE THE WATER DISTRICT. NEXT DOOR IS A SMOKE SHOP. AFTER THAT IS A BARBER SHOP. THEY'RE KIND OF OPEN IFFY HOURS. AND THEN WE HAVE I THINK IT'S LIKE AN APPLIANCE REPAIR SHOP. THEN WE THERE'S ANOTHER STORE, ANOTHER STORE. SO MOSTLY EVERYTHING THERE IS ABOUT 5 P.M., MAYBE SOMETHING A LITTLE BIT LATER, LIKE 7. BUT WE DO PLAN AT LEAST SECURITY ABOUT 5 TO AVOID ANY ISSUES OR ANYTHING LIKE THAT. THANK YOU. DOES THAT ANSWER YOUR QUESTION? DO YOU HAVE ANY MORE? JUST 1 FOR ME? YES, PLEASE. YOUR OPERATING HOURS FLAP, FLAP. BACK UP, PLEASE. YOUR OPERATING HOURS ARE. YEAH, ABOUT 3 TO MIDNIGHT. THE 3 P.M. MIGHT CHANGE. IT MIGHT BE A LITTLE BIT LATER. TO BE HONEST WITH YOU, THOSE ARE JUST THE PROPOSED HOURS THAT WE SET UP WHEN WE FIRST FILED THE APPLICATION, BUT REALISTICALLY, I THINK HOURS OF OPERATION WOULD BE ABOUT 5 P.M. TO ABOUT MIDNIGHT. SO YOUR SECURITY FOLKS WOULD BE THERE FROM OPENING TO CLOSING 5 TO. YES, THAT'S THE PLAN. AT LEAST 1 SECURITY OR DURING BUSY HOURS LIKE FRIDAY NIGHTS OR SATURDAY NIGHTS, 2 TO MAYBE MORE SECURITY. GREAT. ANY OTHER QUESTIONS? QUESTION. IN THE PROPOSAL RIGHT NOW, THERE'S NOT GOING TO BE ANY LIVE MUSIC, CORRECT? CORRECT. ARE YOU GOING TO HAVE A JUKEBOX? HONESTLY, WE PULLED AWAY FROM THE JUKE BOXES AT OUR OTHER LOCATIONS DUE TO THE FACT 1 IT [00:20:06] WAS JUST PLAYING DIFFERENT TYPES OF MUSIC, AND IT JUST IT WASN'T GOING WITH OUR WHAT WE WANTED. SO WE USUALLY NOW ON ALL OF OUR LOCATIONS, WE HAVE OUR OWN I GUESS YOU WOULD SAY SOUND SYSTEM, I GUESS YOU WOULD SAY. BUT AGAIN, EVEN BACK THEN WHEN WE DID RUN THE LOCATION. NEVER HAD ANY NOISE COMPLAINTS OR ANYTHING IN THAT SENSE. THANK YOU. ALL RIGHT. ANYTHING ELSE? THANK YOU VERY MUCH. THANK YOU GUYS. WOULD ANYBODY ELSE LIKE TO SPEAK ON THIS ISSUE? SEEING NONE, WE'RE GOING TO CLOSE THE PUBLIC HEARING AND BRING IT BACK. BEFORE BEFORE US. AND WHAT'S THE WILL OF THE COMMISSION? I'LL MAKE A MOTION. I'LL MOTION TO DETERMINE. THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15301 OF THE CEQA GUIDELINES. THANK YOU. WE HAVE A MOTION. DO WE HAVE A SECOND? I'LL SECOND. GREAT. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. AYE. OPPOSED? PASSES UNANIMOUSLY. THANK YOU. NOW WE'RE GOING TO. I'M SORRY. THEN WE HAVE THE PROJECT DETERMINATION. IF WE COULD GET A MOTION ON THAT, I'LL. MOTION TO APPROVE ADMINISTRATIVE APPLICATION NUMBER AA24-058. BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO RECOMMENDED CONDITIONS OF APPROVAL. THANK YOU. WE'VE GOT A MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. AYE. OPPOSED? THAT PASSES UNANIMOUSLY ALSO. THANK YOU GUYS. THANK YOU. MOVING ON TO MINOR SUBDIVISION NUMBER MS22-013. GOOD MORNING, COMMISSIONERS. THANK YOU FOR YOUR TIME TODAY. MY NAME IS ANNA HERNANDEZ. AND THE PROJECT BEFORE YOU IS MINOR SUBDIVISION NUMBER MS22-013 FOR THE APPLICANT HCC PROPERTIES. THE PROJECT IS A REQUEST TO SUBDIVIDE AN APPROXIMATELY 53 ACRE PARCEL INTO 2 PARCELS TO SEPARATE AN EXISTING BIOGAS UPGRADING FACILITY FROM THE EXISTING LAND USES ON SITE THAT ARE UNASSOCIATED WITH THE FACILITY. PARCEL SIZES WOULD RESULT IN PARCEL 1, APPROXIMATELY 49.95 ACRES, AND PARCEL 2 APPROXIMATELY 3.11 ACRES. THE BIOGAS UPGRADING FACILITY WAS PREVIOUSLY PERMITTED THROUGH CONDITIONAL USE PERMIT NUMBER CUP19-008 AND APPROVED ON SEPTEMBER 22ND, 2021 BY THE PLANNING COMMISSION. THE PROJECT SITE IS DESIGNATED AGRICULTURAL LAND USE IN THE GENERAL PLAN AND ZONE A-1 GENERAL AGRICULTURE. THIS IS THE VICINITY OF THE PROJECT SITE. THE SITE IS OUTLINED IN RED AND LOCATED ON THE WEST SIDE OF NORTHLAND AVENUE, APPROXIMATELY 1400FT NORTH OF WEST AUGUST ROAD IN THE HILMAR AREA, APPROXIMATELY HALF A MILE NORTH OF HILMAR URBAN COMMUNITY BOUNDARY. THE SURROUNDING AREA IS CHARACTERIZED BY AGRICULTURAL LAND USES SUCH AS COMMERCIAL FARMING AND DAIRIES. HERE IS A CLOSER LOOK AT THE PROJECT SITE. THE SITE CONSISTS OF SEVERAL STRUCTURES AND IMPROVEMENTS AS PART OF THE HILMAR CHEESE COMPANY FACILITIES, INCLUDING A COLD STORAGE BUILDING AND 2 WATER RETENTION PONDS. THE SITE ALSO CONTAINS THE BIOGAS UPGRADING FACILITY. ACCESS TO THE SITE IS PROVIDED ALONG LANDER AVENUE. WASTEWATER FOR THE PROJECT IS MANAGED BY AN ON SITE SEPTIC SYSTEM, AND WATER IS PROVIDED THROUGH A WELL. THE TURLOCK IRRIGATION DISTRICT LATERAL NUMBER 6 RUNS ALONG THE NORTHERN PROPERTY LINE. ADDITIONALLY, THE PROJECT SITE SURROUNDS AN APPROXIMATELY 0.29 ACRE PARCEL OUTLINED IN GREEN AND OWNED BY THE PACIFIC GAS AND ELECTRIC COMPANY. IN 2013, AN EASEMENT WAS RECORDED FOR PG&E, AND IN 2023 THE STATE BOARD OF EQUALIZATION ACQUIRED THIS EASEMENT FROM THE PROPERTY OWNERS AND GRANTED IT TO PG&E, ESTABLISHING IT AS ITS OWN LEGAL PARCEL. THIS IS A TENTATIVE MAP THAT DISPLAYS THE 2 PROPOSED PARCELS PARCEL 1 OUTLINED IN BLUE, APPROXIMATELY 49.95 ACRES, AND PARCEL 2 OUTLINED IN RED APPROXIMATELY 3.11 ACRES. PARCEL 1 WOULD MAINTAIN ALL EXISTING STRUCTURES, WELL AND SEPTIC SYSTEMS, AND THE 2 RETENTION PONDS ACCESS WOULD CONTINUE TO BE PROVIDED THROUGH LANDER AVENUE, AND PARCEL 2 WOULD MAINTAIN THE BIOGAS UPGRADING FACILITY, WHICH INCLUDES THE BIOGAS UPGRADE PLANT, STORMWATER RETENTION BASIN AND THE PG&E POINT OF RECEIPT AREA. THERE ARE NO SEPTIC SYSTEMS OR WELLS PROPOSED FOR PARCEL 2. HERE'S A CLOSER LOOK AT THE TENTATIVE MAP THAT SHOWS THE BOUNDARIES OF PARCEL 2, OUTLINED IN RED, AND THE EXISTING PG&E PARCEL OUTLINED IN GREEN. BOTH PARCELS WOULD HAVE 2 SEPARATE ACCESS POINTS OFF OF LANDER AVENUE. [00:25:02] THE PROJECT CAN BE FOUND CONSISTENT WITH THE APPLICABLE GOALS AND POLICIES OF THE GENERAL PLAN REGARDING THE FACILITATION AND PRESERVATION OF AGRICULTURAL USES IN COMPLIANCE WITH POLICY. AG-3.12 STAFF HAS RECOMMENDED THE FINAL MAP INCLUDE A NOTE STATING THAT NO RESIDENTIAL USES WILL BE PERMITTED ON THE PARCEL AT ANY TIME. THE PROPOSED SUBDIVISION IS CONSISTENT WITH THE SUBDIVISION MAP ACT AND TITLE 17. ADDITIONALLY, THE PROJECT IS ALSO CONSISTENT WITH THE MERCED COUNTY ZONING CODE AND IN ACCORDANCE WITH SECTION 18.10.030, A PARCEL MAY BE EXEMPT FROM THE MINIMUM PARCEL SIZE REQUIREMENTS IF THE PARCEL IS DEVELOPED BY A UTILITY OR QUASI UTILITY FOR A TELEVISION OR RADIO ANTENNA, ELECTRIC SUBSTATION, POWER GENERATION PLANT, OR OTHER USE DETERMINED BY THE COMMISSION AND THE BOARD TO BE SIMILAR IF THE FOLLOWING CONDITIONS ARE SATISFIED. NUMBER 1 ON STREET CONSTRUCTION COMPLIES WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS. 2 A PERMIT HAS BEEN APPROVED BY THE COUNTY FOR THE PROPOSED USES, AND 3 THE FOLLOWING PROVISIONS APPLY APPEAR ON THE PARCEL MAP AND SHALL BE DULY RECORDED IN THE PUBLIC RECORDS OF THE COUNTY PRIOR TO ANY IMPROVEMENTS OF THE SUBJECT PARCEL. THESE PROVISIONS ARE. A. NO RESIDENTIAL USES ARE PERMITTED. B. IN THE EVENT THE USE FOR WHICH THE PARCEL DIVISION AS APPROVED NO LONGER EXISTS ON THE PARCEL. THE TITLE TO THE PARCEL REVERTS TO THE ORIGINAL TRANSFER, OR, IF THE ORIGINAL TRANSFER NO LONGER OWNS THE PARCEL FROM WHICH THE SUBSEQUENT PARCEL WAS ACQUIRED TO THE TRANSFERS, HEIRS, SUCCESSORS, OR ASSIGNS. C. WITHIN 1 YEAR OF THE TERMINATION OF THE USE, THE PARCEL SHALL BE SOLD TO AN ADJOINING PARCEL OWNER AND, COMBINED WITH THE ADJOINING PARCEL OF RECORD THROUGH A RECORDATION OF A VOLUNTARY NOTICE OF MERGER BY THE COUNTY AND D. THE PARCEL, WHICH IS SUBJECT TO DIVISION IN COMPLIANCE WITH THIS SUBSECTION, IS NOT ENTITLED TO ANY VARIANCE AS PROVIDED FOR IN GOVERNMENT CODE SECTION 65906. THE OWNER WAIVES ANY RIGHT TO APPLY FOR A VARIANCE FOR THE SUBJECT PARCEL. STAFF HAS DETERMINED THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162. SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS OF THE CEQA GUIDELINES. THE 2030 MERCED COUNTY GENERAL PLAN PROGRAM, EIR, CONTAINED AN EXTENSIVE ANALYSIS OF THE POTENTIAL IMPACTS FROM SUBDIVISIONS LOCATED IN AGRICULTURAL AREAS OF THE COUNTY. THE DRAFT AND FINAL PROGRAM, EIR, CONCLUDED THAT THE IMPACT FROM AGRICULTURAL SUBDIVISIONS WAS LESS THAN SIGNIFICANT WHEN NO NEW RESIDENCES ARE PROPOSED. FURTHER ANALYSIS THAT SUPPORTS THIS DETERMINATION CAN BE FOUND IN ATTACHMENT C OF THE STAFF REPORT. NOTICE OF THE PUBLIC HEARING WAS PUBLISHED IN THE MERCED COUNTY TIMES AND MAILED TO PROPERTY OWNERS WITHIN 300FT OF THE PROJECT SITE ON SEPTEMBER 11TH, 2025. NO COMMENTS WERE RECEIVED. GIVEN ALL THE INFORMATION, STAFF HAS 2 RECOMMENDATIONS. DETERMINE THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162, SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS OF THE CEQA GUIDELINES AND APPROVE MINOR SUBDIVISION NUMBER MS22-013. BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL. THIS CONCLUDES MY PRESENTATION. I'M AVAILABLE FOR QUESTIONS. THANK YOU. THANK YOU. DOES ANYONE HAVE ANY QUESTIONS FOR STAFF? SEEING NONE, WE'LL OPEN UP THE PUBLIC HEARING. AT THIS POINT. IF ANYONE FROM THE PUBLIC WOULD LIKE TO SPEAK ON THE MATTER, NOW WOULD BE YOUR OPPORTUNITY. SEEING NONE, WE'RE GOING TO CLOSE THE PUBLIC HEARING AND BRING IT BACK BEFORE THE COMMISSION. WHAT'S THE WILL AND DESIRE? EMOTION AND DETERMINED THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162, SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS OF THE CEQA GUIDELINES BASED ON THE ANALYSIS OF THE 2030 MERCED COUNTY GENERAL PLAN PROGRAM, ENVIRONMENTAL IMPACT REPORT AND ATTACHED CEQA GUIDELINES, SECTION 15162 FINDINGS AND ANALYSIS. THANK YOU. WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR SAY AYE. AYE. POSED PASSES UNANIMOUSLY. NOW WE'LL MOVE ON TO THE PROJECT. DETERMINATION. I'LL MAKE THAT SAME MOTION. APPROVE. MINOR SUBDIVISION MS22-013. BASED ON THE FINDINGS, INCLUDING THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL. THANK YOU. WE HAVE A MOTION AND A SECOND. SECOND. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. AYE. OPPOSED? THAT ALSO PASSES UNANIMOUSLY. NOW WE ARE GOING TO MOVE ON TO ITEM C, MINOR SUBDIVISION NUMBER MS25-009. GOOD MORNING. THANK YOU, CHAIRMAN AND COMMISSIONERS. [00:30:03] MY NAME IS YANIRI PIZA AND I'M THE PROJECT PLANNER FOR MINOR SUBDIVISION NUMBER MS25-009 FOR FELIPE LIMA. THE PROJECT IS A REQUEST TO SUBDIVIDE AN APPROXIMATELY 156 ACRE PARCEL, RESULTING IN 4 PARCELS EACH APPROXIMATELY 39.5 ACRES. NO NEW CONSTRUCTION OR RESIDENT IS BEING PROPOSED WITH THIS SUBDIVISION, AND THE PROJECT SITE IS DESIGNATED AGRICULTURAL LAND USE IN THE GENERAL PLAN AND ZONED A-1 GENERAL AGRICULTURE. THIS IS THE VICINITY OF THE PROJECT SITE OUTLINED IN RED. THE PROJECT SITE IS CURRENTLY AN ORCHARD AND IS LOCATED ON THE WEST SIDE OF SOUTH QUINCY AVENUE AND NORTH SIDE OF JOHN SAUNDERS ROAD IN MERCED, IN THE MERCED AREA. THERE ARE NO EXISTING HOMES OR STRUCTURES ON THE PARCEL. THE PROJECT SITE CAN BE ACCESSED BY 2 PRIVATE ACCESS ENTRANCE DRIVEWAYS, LOCATED ON THE NORTH AND SOUTH OF THE PROJECT SITE. THE SURROUNDING AREAS CONSIST OF AGRICULTURAL USAGE, SUCH AS ROW CROPS, ORCHARDS AND DAIRIES. THIS IS THE TENTATIVE PARCEL MAP WHICH DISPLAYS THE 4 PARCELS. THIS 1 IS LOCATED NORTHWEST OF THE. THERE IS A WELL LOCATED ON THE NORTHWEST OF THE PROJECT SITE. ALL 4 PARCELS WOULD HAVE FRONTAGE ACCESS TO JOHN SAUNDERS ROAD. THERE ARE NO EXISTING HOMES OR STRUCTURES ON THE PARCEL, AS WELL AS NO CONSTRUCTION OR CHANGE OF LAND USE IS BEING PROPOSED WITH THIS SUBDIVISION. IF CONSTRUCTION OF A NEW RESIDENCE IS PROPOSED IN THE FUTURE, A NEW RESIDENT WOULD BE SUBJECT TO A CONDITIONAL USE PERMIT IN COMPLIANCE WITH SECTION 1810.040 AND OF THE ZONING CODE AND GENERAL PLAN POLICY. AG-3112. IN ADDITION TO ANY FUTURE DEVELOPMENT, WOULD BE REVIEWED ON A CASE BY CASE BASIS, AND ANY NEW SEPTIC SYSTEM AND WELLS WOULD BE REVIEWED AND REQUIRED PERMITS ISSUED BY THE MERCED COUNTY DIVISION OF ENVIRONMENTAL HEALTH. IN TERMS OF CONSISTENCY WITH LOCAL REGULATIONS. THE PROJECT SITE IS DESIGNATED AGRICULTURAL LAND USE IN THE GENERAL PLAN. THE PROJECT IS CONSISTENT WITH APPLICABLE GENERAL PLAN POLICIES REGARDING THE PRESERVATION AND CONSERVATION OF AGRICULTURAL USES IN COMPLIANCE WITH POLICY AG 3112. STAFF HAS RECOMMENDED THAT THE FINAL MAP INCLUDE A NOTE STATING THAT ANY NEW RESIDENTS WILL REQUIRE CONDITIONAL USE PERMIT FROM THE COUNTY. THE PROJECT IS ALSO CONSISTENT WITH APPLICABLE PROVISIONS OF THE SUBDIVISION MAP ACT AND TITLE 17. ADDITIONALLY, THE PROJECT IS CONSISTENT WITH APPLICABLE DEVELOPMENT STANDARDS OF THE MERCED COUNTY ZONING CODE, MEETING THE MINIMUM REQUIRED PARCEL SIZES OF THE A-1 GENERAL AGRICULTURAL ZONING DISTRICT. STAFF HAS DETERMINED THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162. SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS OF THE CEQA GUIDELINES. BASED ON THE ANALYSIS OF THE 2030 MERCED COUNTY GENERAL PLAN PROGRAM, ENVIRONMENTAL IMPACT REPORT, AND THE ATTACHED CEQA GUIDELINES SECTION 15162. FINDINGS AND ANALYSIS. THE 2030 MERCED COUNTY GENERAL PLAN PROGRAM, EIR CONTAINED AN EXTENSIVE ANALYSIS OF THE POTENTIAL IMPACTS FROM THE SUBDIVISIONS LOCATED IN AGRICULTURAL AREAS OF THE COUNTY. THE DRAFT AND FINAL EIR CONCLUDED THAT THE IMPACT FROM AGRICULTURAL SUBDIVISION SUBDIVISIONS WAS LESS THAN SIGNIFICANT WHEN NO RESIDENTS ARE BEING PROPOSED. FURTHER ANALYSIS TO SUPPORT THIS DETERMINATION CAN BE FOUND ON THE ATTACHMENT C OF THE STAFF REPORT. NOTICE OF THE PUBLIC HEARING WAS PUBLISHED IN THE MERCED COUNTY TIMES AND MAILED TO ALL PROPERTY OWNERS LOCATED WITHIN 300FT OF THE PROJECT SITE ON SEPTEMBER 11TH, 2025. NO COMMENTS WERE RECEIVED BY STAFF. STAFF HAS 2 RECOMMENDATIONS. DETERMINE NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 SUBSEQUENT IERS AND NEGATIVE DECLARATIONS OF THE CEQA GUIDELINE BASED ON THE ANALYSIS IN THE 2030 MERCED COUNTY GENERAL PLAN PROGRAM, ENVIRONMENTAL REPORT IMPACT REPORT AND THE ATTACHED SEQUEL GUIDELINES, SECTION 15162. FINDINGS AND ANALYSIS AND 2ND APPROVE MINOR SUBDIVISION NUMBER MS25-009. BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED RECOMMENDED CONDITIONS OF APPROVAL. THIS CONCLUDES STAFF PRESENTATION. I'M AVAILABLE FOR QUESTIONS. THANK YOU. DOES ANYONE HAVE QUESTIONS FOR STAFF? SEEING NONE, WE'LL OPEN THE PUBLIC HEARING AND NOW WOULD BE A TIME IF YOU'D LIKE TO COME SPEAK ON THIS. SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING AND BRING IT BACK BEFORE THE COMMISSION. WOULD ANYONE LIKE TO ENTERTAIN A MOTION? I'LL MAKE THE MOTION THAT WE DETERMINE. [00:35:05] NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162. SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS OF THE CEQA GUIDELINES BASED ON ANALYSIS IN THE 2030 MERCED COUNTY GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT AND ATTACHED CEQA GUIDELINES, SECTION 15162 FINDINGS AND ANALYSIS. THANK YOU. WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. AYE. OPPOSED. PASSES UNANIMOUSLY. NOW WE'RE GOING TO MOVE ON TO THE PROJECT DETERMINATION. OKAY. I'LL MAKE THE MOTION THAT THE COMMISSION APPROVE. MINOR SUBDIVISION NUMBER MS25-009. BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL. THANK YOU. THANK YOU. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. AYE. OPPOSED? THAT PASSES UNANIMOUSLY ALSO. NOW WE'RE GOING TO MOVE ON TO ITEM D EXTENSION APPLICATION NUMBER EXT25-003. THANK YOU. CHAIRMAN. I'M ALSO THE PROJECT PLANNER FOR EXTENSION APPLICATION NUMBER EXT25-003 TO MINOR SUBDIVISION NUMBER MS22 -006 FOR FERNANDO ALVAREZ. THE REQUEST IS TO EXTEND THE EXPIRATION DATE OF THE APPROVED TENTATIVE MAP FOR MINOR SUBDIVISION MS22-006 BY 12 MONTHS FROM JUNE 13TH, 2025 TO JUNE 13TH, 2026. MINOR SUBDIVISION NUMBER MS22-006, WAS APPROVED ON JUNE 14TH, 2023, BY THE PLANNING COMMISSION TO SUBDIVIDE A APPROXIMATELY 4.6 PARCEL INTO 3 PARCELS, RESULTING IN PARCEL 1, 1 ACRE. PARCEL 2, 1.03 ACRES AND PARCEL 3, 2.31 ACRES. A LETTER DATED ON MAY 29TH, 2025 REQUESTED THAT AN EXTENSION BE MADE DUE TO THE FINAL PARCEL MAP NOT BEING COMPLETED BY THE ENGINEER. EXTENSION HISTORY. IF APPROVED. SORRY. NO PRIOR EXTENSIONS OF THE APPROVED TENTATIVE MAP FOR MINOR SUBDIVISION HAVE OCCURRED IF APPROVED. IF APPROVED, EXTENSION APPLICATION NUMBER EXT25-003 WOULD BE THE FIRST DISCRETIONARY EXTENSION OF THE APPROVED TENTATIVE MAP AND MAY BE ELIGIBLE FOR 5 ADDITIONAL 12 MONTH EXTENSIONS FOR A MAXIMUM TOTAL OF 6 YEARS OF DISCRETIONARY EXTENSIONS ALLOWED UNDER THE SUBDIVISION MAP ACT. THIS IS THE VICINITY OF THE PROJECT SITE OUTLINED IN RED. THE PROJECT SITE IS LOCATED ON THE NORTHEAST SIDE OF PETALUMA AVENUE, APPROXIMATELY 600FT SOUTH OF SOUTH AVENUE IN DELHI. THE PROJECT SITE IS ALSO LOCATED IN THE DELHI COMMUNITY PLAN AND SURROUNDED BY RURAL RESIDENTIAL AND AGRICULTURAL OPERATIONS. THIS IS A MUCH CLOSER VIEW OF THE PROJECT SITE. THIS IS APPROXIMATELY 4.6 ACRE PARCEL. THE PARCEL HAS 3 EXISTING SINGLE FAMILY HOMES, 3 SHEDS, 3 SEPTIC TANKS AND LEACH FIELDS, AND 1 DOMESTIC WELL. THE PROJECT SITE HAS FRONTAGE ALONG PETALUMA AVENUE. THIS IS THE PREVIOUSLY APPROVED TENTATIVE MAP FOR MINOR SUBDIVISION 22-006, WHICH DISPLAYS THE PROPOSED SUBDIVISION OUTLINED IN GREEN IS PARCEL 1, OUTLINED IN YELLOW IS PARCEL 2 AND OUTLINED IN RED AS PARCEL 3. EACH PROPOSED PARCEL WOULD ALREADY HAVE AN EXISTING HOME, WITH PROPOSED PARCEL 1 AND 3 HAVING EXISTING ON SITE SEPTIC SYSTEMS. A NEW DOMESTIC WELL IS PROPOSED FOR PARCEL 1 AND 2, AND A NEW ON SITE SEPTIC SYSTEM IS PROPOSED FOR PARCEL 2. PARCELS 1 AND 3 WOULD EACH HAVE FRONTAGE ALONG PETALUMA AVENUE, AND A PROPOSED 24 FOOT EASEMENT AXIS, AND A CUL DE SAC WOULD BE PROVIDED ALONG FOR PART 2 FROM PETALUMA AVENUE. THE PROJECT SITE IS DESIGNATED AGRICULTURAL RESIDENTIAL IN THE GENERAL PLAN AND ZONED RR RURAL RESIDENTIAL EXTENSION 25-003 TO MINOR SUBDIVISION 22-006 WOULD DETERMINE TO BE CONSISTENT WITH THE APPLICABLE PROVISIONS OF THE GENERAL PLAN AND ZONING CODE. MINOR SUBDIVISION NUMBER MS22-006 FALLS IN THIS DESIGNATION OF THE AGRICULTURAL RESIDENTIAL FOUND IN COMPLIANCE WITH THE COMMUNITY GOALS AND OBJECTIVES OF THE DELPHI COMMUNITY PLAN. THE PROJECT IS ALSO CONSISTENT WITH SUBDIVISION MAP ACT AND TITLE 17. THERE HAVE BEEN NO SUBSTANTIAL CHANGES TO THE PROJECT, SITE OR SURROUNDING AREA SINCE THE TENTATIVE MAP HAS BEEN APPROVED BY THE PLANNING [00:40:06] COMMISSION. THE PROJECT REMAINS CONSISTENT WITH GENERAL PLAN GOALS AND POLICIES OF THE ZONING CODE. ON JUNE 14TH, 2023, THE PLANNING COMMISSION DETERMINED THAT MINOR SUBDIVISION NUMBER MS22-006 WAS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15315 MINOR LAND DIVISIONS OF THE CEQA GUIDELINES. NO SIGNIFICANT CHANGES HAVE BEEN MADE TO THE PROJECT OR ENVIRONMENTAL CHARACTER OF THE PROJECT, SITE OR SURROUNDING AREA. NOTICE OF THIS PUBLIC HEARING WAS PUBLISHED IN THE MERCED COUNTY TIMES AND MAILED TO PROPERTY OWNERS WITHIN 300FT OF THE PROJECT SITE ON SEPTEMBER 11TH, 2025. NO COMMENTS WERE RECEIVED. STAFF HAS 2 RECOMMENDATIONS. DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15315 MINOR LAND DIVISIONS OF THE CEQA GUIDELINES AND 2ND APPROVE EXTENSION APPLICATION NUMBER EXT25-003. BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE PREVIOUSLY APPROVED CONDITIONS OF APPROVAL. THIS NOW CONCLUDES STAFF PRESENTATION. I'M AVAILABLE FOR QUESTIONS. THANK YOU. DO WE HAVE ANY QUESTIONS FOR STAFF? NOT REALLY A QUESTION FOR STAFF. IT'S JUST PARDON ME. WE'VE HAD A COUPLE OF PROJECTS THIS MORNING THAT HAVE TOUCHED ON. MAYBE MARK CAN ANSWER IT. DO ALL THE COMMUNITIES OUT THERE THE PLANADA, THE DELHIS, HILMAR HAVE COMMUNITY SPECIFIC PLANS ALREADY COMPLETED? THEY ALL DO OR. YES. IT WOULD BE HELPFUL FOR ME SOMETIMES TO SEE JUST THE OUTLINE, THE BORDERS, BECAUSE WE'VE HAD A COUPLE PROJECTS THAT HAVE BORDERED ON THEIR SPECIFIC PLANS. IT WOULD BE HELPFUL FOR ME JUST TO SEE THE OUTLINE OR SOME SQUIGGLY LINE. YEAH, WE CAN MAKE SURE YOU ALL, ALL THE COMMISSIONERS HAVE THAT THOSE COMMITTEE MAPS. THANK YOU. THANK YOU. THAT WILL BE HELPFUL. MOVING ON. ANY OTHER QUESTIONS FOR STAFF? SEEING NONE, WE'LL BRING IT BACK TO THE COMMISSION. WOULD ANYONE LIKE TO ENTERTAIN A MOTION ON THIS? SURE. I'M SORRY. GO AHEAD. I'LL MAKE A MOTION TO DETERMINE. THE PROJECT IS CATEGORICALLY, CATEGORICALLY EXEMPT FROM THE ENVIRONMENTAL REVIEW. I'M SORRY. YOU KNOW WHAT? I NEED TO BACK UP. I MADE A MISTAKE. I DIDN'T OPEN UP THE PUBLIC HEARING. AT THIS POINT IN TIME, WE'LL OPEN UP THE PUBLIC HEARING. IF ANY MEMBER OF THE PUBLIC WOULD LIKE TO COME SPEAK ON IT, NOW WOULD BE YOUR OPPORTUNITY. SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING. COME BACK. AND NOW THE MOTION WOULD BE A GREAT TIME. OKAY. THANK YOU. APOLOGIZE FOR THAT. MOTION TO DETERMINE THE PROJECT IS , CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15315, MINOR LAND DIVISION OF THE CEQA GUIDELINES. THANK YOU. WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. AYE. OPPOSED? PASSES UNANIMOUSLY. NOW WE'LL MOVE ON TO THE PROJECT DETERMINATION. MOTION TO APPROVE EXTENSION APPLICATION NUMBER EXT25-003. BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE PREVIOUSLY APPROVED CONDITIONS OF APPROVAL. THANK YOU. WE HAVE A MOTION TO HAVE A SECOND. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. AYE. OPPOSED? THAT ALSO PASSES UNANIMOUSLY. NOW WE'RE GOING TO MOVE ON TO COMMISSIONER ACTION ITEMS. SEEING NONE. DIRECTORS REPORT. NO. DIRECTOR'S REPORT. COMMISSIONERS COMMENT. NONE. AND WE'LL ADJOURN. THANK YOU ALL VERY MUCH. * This transcript was compiled from uncorrected Closed Captioning.