[1. CALL TO ORDER] [00:00:03] GOOD MORNING AND WELCOME TO TODAY'S PLANNING COMMISSION MEETING. WE ARE GOING TO OFFICIALLY CALL THIS MEETING TO ORDER. CAN WE START WITH 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. THANK YOU, ROLL CALL COMMISSIONERS. COMMISSIONER TATUM. HERE HERE HERE. MR. CHAIR, YOU HAVE A QUORUM. THANK YOU MOVING FORWARD NOW. [4. APPROVAL OF MINUTES] APPROVAL OF MINUTES. DOES ANYBODY READ THE MINUTES AND LIKE TO MAKE THAT MOTION? SO MOVE AYE. OPPOSED? PASSES UNANIMOUSLY. NOW WE'RE GOING TO MOVE ON TO CITIZEN COMMUNICATION AT THIS PART OF THE MEETING IF SOMEBODY WOULD LIKE TO SPEAK WITH SOMETHING THAT'S NOT ON TODAY'S AGENDA NOW WOULD BE THE TIME. SEEING NONE, WE'RE GOING TO CLOSE CITIZEN COMMUNICATION AND MOVE ON TO PUBLIC HEARING. [6. PUBLIC HEARING(S)] MODIFICATION NO. MM25-021. THANK YOU, CHAIRMAN SPYCHER, GOOD MORNING COMMISSIONERS MY NAME IS TIFFANY HO, DEPUTY DIRECTOR OF PLANNING, AND I AM PRESENTING ON MODIFICATION NO. 25-021 TO THE ADMINISTRATIVE APPLICATION NO. AA23-030, WHICH WAS THE DON CHAPIN SAND DRYER PLANT FOR THE APPLICANT, THE DON CHAPIN COMPANY. THE REQUEST IS TO AMEND MITIGATION MEASURE NO. BIO-3, ADOPTED WITH ADMINISTRATIVE PERMIT NO. AA23-030, TO REMOVE REFERENCES TO THE PARRY ROUGH TARPLANT AS A SPECIES REQUIRING CONSULTATION WITH THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE AND AN INCIDENTAL TAKE PERMIT. THE AMENDMENT WOULD REPLACE WITH THE MITIGATION MEASURE OF EQUAL OR MORE EFFECTIVE MEASURES WITH A REQUIREMENT TO APPLY AVOIDANCE AND MITIGATION REQUIREMENTS FOR ALL SPECIAL SPECIES PLANTS LISTED UNDER THE FEDERAL AND CALIFORNIA ENDANGERED SPECIES ACT, AND ENSURE THAT THE MITIGATION MEASURE PROVIDES PROTECTION FOR SENSITIVE BIOLOGICAL RESOURCES AND MORE ACCURATELY [LAUGHTER] IDENTIFIES WHEN CONSULTATION WITH THE US FISH AND WILDLIFE SERVICE, CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE AND OR THE COUNTY IS REQUIRED. THE ORIGINAL PERMIT, AA23-030 FOR THE DON CHAPIN SAND DRYER PLANT, WAS APPROVED BY THE COMMISSION ON MARCH 26TH, 2025. IT WAS TO CONSTRUCT AND OPERATE A NEW SAND DRYING PLANT AND PRECAST CONCRETE MANUFACTURING FACILITY AS AN ADDITION/EXPANSION TO THE ADJACENT READY-MIXED CONCRETE BATCH PLANT TO THE WEST. THE PROJECT INCLUDES THE CONSTRUCTION AND OPERATION OF A SAND DRYER PLANT OPERATIONS, BUILDING TRUCK SCALE AMONG THINGS, AS WELL AS THREE STORAGE BUILDINGS. THIS SLIDE HERE SHOWS THE PROJECT SITE HIGHLIGHTED IN RED. IT IS COMPOSED OF THREE PARCELS CURRENTLY, BUT AS ONE OF THE CONDITIONS OF APPROVAL FOR THE ORIGINAL ADMIN PERMIT IS, THEY WILL HAVE TO MERGE THOSE PARCELS LATER ON. THE PROJECT SITE IS LOCATED ON THE NORTHEAST SIDE OF INGOMAR GRADE, APPROXIMATELY 948FT EAST OF VOLTA ROAD IN THE VOLTA AREA. IT'S SURROUNDED BY VACANT LAND, A JUNKYARD, THE BATCH PLANT, AND A TOMATO PROCESSING PLANT TO THE SOUTH. THIS IS THE CONCEPTUAL SITE PLAN FOR THAT ADMINISTRATIVE PERMIT. AND YOU CAN SEE THAT THE PLANT WOULD BE CROSSING ALL THREE PROPERTIES. THE PROPOSED REVISION IS BROUGHT TO US BECAUSE THE APPLICANT CONTRACTED WITH EMC PLANNING TO CONDUCT THE SURVEYS THAT WERE REQUIRED BY THE ADOPTED MITIGATION MONITORING AND REPORTING PROGRAM, ALSO KNOWN AS MMRP. THE MMRP IDENTIFIED THAT THE PARRY'S ROUGH TARPLANT WAS ERRONEOUSLY CITED AS ENDANGERED OR RARE, AND REQUIRING CONSULTATION WITH THE CDFW AND POTENTIAL INCIDENTAL TAKE PERMIT, BUT THE EMC PLANNING BIOLOGISTS DID FIND THAT THE PARRY'S TARPLANT IS ON THE CALIFORNIA NATIVE PLANT SOCIETY. HOWEVER, ITS CLASSIFICATION AND RANKING DOES NOT QUALIFY AS NEEDING MITIGATION UNDER CEQA. SO THE REVISIONS ARE BEING MADE AGAIN TO PROVIDE PROTECTION FOR SENSITIVE BIOLOGICAL RESOURCES. MORE ACCURATELY IDENTIFYING WHEN CONSULTATION IS NEEDED WITH OUR FEDERAL, STATE AND LOCAL AGENCIES AND THEN APPROPRIATELY CITES THE CONSULTATION AND PERMIT PROCESSES ASSOCIATED WITH THE FEDERAL AND STATE AGENCIES. THE PROPOSED REVISIONS ARE GOING TO BE ON THESE SLIDES. I'LL READ IT AND THEN THE LAST SLIDE WILL HAVE THE FINAL ONE THAT I WILL NOT READ, BUT I JUST WANT TO GIVE THAT AS A HEADS UP. SO THE PROPOSED REVISION BIO-3 IS PRECONSTRUCTION SURVEY AND AVOIDANCE MEASURES FOR ALKALI WEED-SALT GRASS AND SPECIAL STATUS SPECIES. [00:05:05] THE BOUNDARIES OF ALKALI WEED-SALT GRASS AND SPECIAL STATUS-SPECIES PLANT POPULATIONS IDENTIFIED WITHIN THE PROPOSED WORK AREAS SHALL BE FLAGGED IN THE FIELD USING DATA COLLECTED PRIOR TO THE START OF THE PROJECT. IF THE ALKALI WEED-SALT GRASS AND OR CALIFORNIA NATIVE PLANT SOCIETY RARE PLANT RANK 1B AND 2B SPECIES CANNOT BE AVOIDED DURING CONSTRUCTION, I.E. IF AVOIDANCE IS DEEMED INFEASIBLE. THE PROJECT PROPONENT AND THE MERCED COUNTY COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT SHALL OVERSEE THE SELECTION OF APPROPRIATE MITIGATION AREA, PREFERABLY ON THE PROJECT SITE OR IN THE IMMEDIATE VICINITY, THAT WOULD NOT BE DISTURBED IN THE FUTURE. AFTER THE COUNTY APPROVAL OF THE PROPOSED MITIGATION AREA, A QUALIFIED BIOLOGIST SHALL DEVELOP A HABITAT MANAGEMENT PLAN DETAILING THE OPTIMAL NEEDS FOR LONG TERM PROTECTION AND PERSISTENCE OF THE MITIGATION AREA. IF, DURING THE PRE-CONSTRUCTION SURVEYS, SPECIES LISTED AS ENDANGERED OR THREATENED BY THE FEDERAL OR CALIFORNIA ENDANGERED SPECIES ACT ARE IDENTIFIED. CONSULTATION WITH THE US FISH AND WILDLIFE SERVICE AND OR CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE SHALL BE CONDUCTED. IF TAKE CANNOT BE AVOIDED, THEN ENSURE COMPLIANCE WITH THE FEDERAL OR CALIFORNIA ENDANGERED SPECIES ACT FOR ACQUISITION OF AN INCIDENTAL TAKE PERMIT WOULD BE REQUIRED. FOR STATE LISTED SPECIES UNTIL TAKE PERMITS ARE OBTAINED PURSUANT TO FISH AND GAME CODE SECTION 2081, SUBDIVISION (B) AND OR CALIFORNIA CODE OF REGULATIONS, TITLE 14, SECTION 786.9 [LAUGHTER], SUBDIVISION (B) FOR FEDERALLY LISTED PLANT SPECIES AND INCIDENTAL TAKE PERMIT PURSUANT TO SECTION 7 OR SECTION 10 OF THE FEDERAL ENDANGERED SPECIES ACT, IS ONLY REQUIRED ON PRIVATE LANDS IF IMPACTS WOULD ALSO OCCUR TO FEDERALLY LISTED WILDLIFE SPECIES. THIS SLIDE HERE SHOWS THE PROPOSED REVISIONS IN A CLEAN, WITHOUT. A CLEAN VERSION WITHOUT ANY OF THOSE STRIKETHROUGHS. I'LL GIVE A SECOND FOR THE BROADCAST TO SHOW. THIS IS ALSO ATTACHED IN THE STAFF REPORT. THE ORIGINAL PROJECT, AA23-030 WAS FOUND TO BE CONSISTENT WITH THE GENERAL PLAN AND ZONING CODE. THE PROJECT SITE WAS DESIGNATED INDUSTRIAL LAND USE AND ZONED M-1 LIGHT MANUFACTURING. BECAUSE THIS MODIFICATION WOULD NOT PROPOSE ANY CHANGES TO THE PROJECT THESE CONSISTENCIES WOULD STAY APPLICABLE. FOR ENVIRONMENTAL REVIEW. ON MARCH 26TH, 2025, ON THE SAME DAY OF THE APPROVAL OF THE PROJECT AND PRIOR TO THE PROJECT APPROVAL, THE PLANNING COMMISSION ADOPTED MITIGATED NEGATIVE DECLARATION FOR THE PROJECT AND THE MMRP. BECAUSE THE PROJECT IS NOT CHANGING ANYTHING WITH THE PROJECT DESCRIPTION, THE PROJECT COMPONENTS THERE'S NO SUBSTANTIAL CHANGES. IT DOES NOT NEED TO HAVE A SUBSEQUENT ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15162. AND BECAUSE THE PROPOSED MITIGATION MEASURE IS A REPLACEMENT OF EQUAL OR MORE EFFECTIVE MITIGATION IT CAN BE DONE SO WITH SECTION 15074.1, AND NO RECIRCULATION OF THE MMRP OR THE NEGATIVE DECLARATION IS REQUIRED PURSUANT TO SECTION 15073.5, SUBSECTION (C) AND (1). NOTICE OF THIS PUBLIC HEARING WAS PUBLISHED IN THE MERCED COUNTY TIMES ON SEPTEMBER 25TH, 2025, AND MAILED TO PROPERTY OWNERS WITHIN 300FT OF THE PROJECT SITE ON SEPTEMBER 26TH, 2025. AS OF TODAY, NO COMMENTS WERE RECEIVED. GIVEN THE INFORMATION PRESENTED TODAY AND STAFF'S PRESENTATION, AS WELL AS IN THE STAFF REPORT, STAFF HAS THE RECOMMENDATION OF A MOTION TO ADOPT THE REVISED MITIGATION MEASURE BIO-3 AND INCORPORATE IT INTO THE MITIGATION MONITORING AND REPORTING PROGRAM FOR ADMINISTRATIVE PERMIT NO. AA23-030, CONSISTENT WITH CEQA GUIDELINES SECTION 15162, 15074.1 AND 15073.5 BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT. THIS CONCLUDES STAFF'S PRESENTATION. I'M AVAILABLE FOR ANY QUESTIONS YOU MIGHT HAVE NOW. THANK YOU. DOES ANYONE HAVE QUESTIONS FOR STAFF? GO AHEAD THE THREE PARCELS. WHY IS THAT? THAT IS FOR UTILITY REASONS. SO UTILITIES CANNOT CROSS SOME STRUCTURES, CANNOT CROSS PROPERTY LINES IN THE OFF CHANCE THAT THE PROPERTY OWNER ACTUALLY SELLS ONE OF THOSE PARCELS. IT IS RARE BUT DOES HAPPEN [LAUGHTER]. AND THEN YOU MENTIONED THE TAKE PERMITS. DO THEY HAVE TO OFFSET WITH ADDED ACREAGE SOMEWHERE ELSE. SO THE MITIGATION SAYS THAT IF THERE IS AN IMPACT, RIGHT? [00:10:05] IF WE'RE ABLE TO FIND MITIGATION AREA ON THE SITE, MEANING THAT AREA WILL STAY UNIMPACTED, IT'LL BE MAINTAINED EITHER ON SITE OR OFF SITE, THEN THAT IS THE MITIGATION. NOW, IF THAT CANNOT BE AVOIDED, WE CANNOT FIND MITIGATION AREA. THEN A TAKE PERMIT WOULD BE REQUIRED BECAUSE ESSENTIALLY YOU ARE NOT AVOIDING IT, RIGHT? OKAY SEEING NONE, WE'LL OPEN UP THE PUBLIC HEARING. IF ANYONE FROM THE PUBLIC LIKE TO COME AND SPEAK ON THIS MATTER NOW WOULD BE YOUR OPPORTUNITY. SEEING NO ONE FROM THE PUBLIC, WE WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK BEFORE THE COMMISSION. WHAT'S THE WILL OF COMMISSION? I'LL MAKE THE MOTION THAT THE COMMISSION ADOPT REVISE MITIGATION MEASURE BIO-3 AND INCORPORATE IT INTO THE MITIGATION MONITORING REPORTING PROGRAM FOR ADMINISTRATIVE PERMIT NO. AA23-030, CONSISTENT WITH CEQA GUIDELINES, SECTIONS 15162, 1504.1 AND 1503.5 BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT. SECOND ALL IN FAVOR, SAY AYE. AYE. OPPOSED? PASSES UNANIMOUSLY. NOW WE'RE GOING TO MOVE ON TO THE DIRECTOR'S REPORT. NOTHING THANK YOU. * This transcript was compiled from uncorrected Closed Captioning.