[1. CALL TO ORDER]
[00:00:03]
GOOD MORNING AND WELCOME TO THE CITY COUNTY PLANNING COMMISSION MEETING.
I'D LIKE TO CALL THIS MEETING TO ORDER. AND WOULD YOU ALL PLEASE JOIN ME IN THE PLEDGE OF ALLEGIANCE? 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.
PLEASE HAVE THE ROLL CALL. COMMISSIONERS. COMMISSIONER ERRECA.
HERE. COMMISSIONER SPYCHER. HERE. COMMISSIONER JAWAD.
VICE CHAIRMAN TATUM. CHAIRMAN RAMIREZ. HERE. MR. CHAIR, YOU HAVE A QUORUM. THANK YOU. NEXT TO APPROVAL OF THE MINUTES FOR A MEETING OF NOVEMBER 5TH.
[4. APPROVAL OF MINUTES]
EVERYBODY HAD A CHANCE TO LOOK THOSE OVER. YES.MOTION. SECOND. SECOND. ALL THOSE IN FAVOR? AYE.
ANY OPPOSED? PASSES UNANIMOUSLY. OKAY, SO NOW WE OPEN THE CITIZENS COMMUNICATION.
[5. CITIZEN COMMUNICATIONS]
IF ANYBODY WOULD LIKE TO SPEAK TO SOMETHING THAT'S WITHIN THE SCOPE OF THE PLANNING COMMISSION AND IT'S NOT AN AGENDA, PLEASE COME FORWARD. SEEING NONE, I WILL CLOSE THE CITIZENS COMMUNICATION, AND WE'LL MOVE ON TO THE FIRST ITEM IN THE AGENDA.[6. PUBLIC HEARING(S)]
CONDITIONAL USE PERMIT NUMBER CUP25-003. THANK YOU.THIS APPLICATION IS TO BRING INTO COMPLIANCE AN EXISTING KENNEL.
THEY WOULD LIKE TO HAVE A MAXIMUM OF TEN DOGS ON THE SITE AT ANY GIVEN TIME.
IN ADDITION TO THE DOG, THEY HAVE A FREE GRAZING AREA FOR UP TO 12 CATTLE ANIMAL UNITS.
THE PROPERTY WAS HISTORICALLY HAS BEEN USED FOR AS A CATTLE FACILITY.
HOWEVER, IN 2019 THEY STOPPED USING THE FACILITY FOR CATTLE RAISING AND FOR FOR GRAZING.
AND SO BASICALLY ONCE IT BECAME NON-OPERATIONAL, THEY HAD TO BRING THE CATTLE OPERATIONS INTO COMPLIANCE WITH THE WATER BOARD'S REQUIREMENTS AND ALSO THE KENNEL FOR THE DOGS, AS WELL AS UP TO COUNTY STANDARDS AND CODES FOR CONSIDERATION.
THERE ARE EXISTING TWO RESIDENCES ON SITE WITH MULTIPLE ACCESSORY BUILDINGS.
THERE IS A LARGE BARN IN THE CENTER OF THE PROPERTY THAT'S ABOUT 3500FT².
THERE ARE ALSO MULTIPLE FENCED AREAS THAT ARE USED FOR CATTLE GRAZING AT THIS TIME.
THERE'S ALSO A LARGE, THERE'S ALSO A PERIMETER FENCE THAT GOES AROUND THE ENTIRE SITE, WITH THE DRIVEWAY ENTRANCE ON CLAWSON ROAD THAT HAS A CATEGORY THAT PREVENTS THE CATTLE FROM LEAVING THE PROPERTY. THE PROPOSED DOG KENNEL FACILITY.
THE APPLICANT PROPOSES TO BREED VARIOUS TYPES OF LABRADORS.
THE HOBBY CATTLE, WHICH IS A HIGHLAND CATTLE BREED INVOLVES RAISING THE CATTLE AND THEN THEY SELL THEM AT VARIOUS AUCTIONS AND OTHER ONLINE PLATFORMS. ONCE THE CATTLE IS THE APPROPRIATE AGE, SIZE AND WEIGHT, THERE WOULD BE APPROXIMATELY ONE MALE AND TWO FEMALES THAT ARE KEPT ON SITE YEAR ROUND.
ONCE A PUPPY OR DOG LITTER IS OR COW CALF IS, LITTER IS READY, THE SALES ARE INITIATED THROUGH VARIOUS ONLINE PLATFORMS OR THE AUCTION HOUSES WHERE POTENTIAL CUSTOMERS CAN VIEW, AND THEY WILL HAVE FACETIME DISCUSSIONS WITH THESE PURCHASERS OR THE BUYERS.
AND THIS IS TO PREVENT ANY KIND OF INTRODUCTION OF DISEASES OR ANY OTHER KIND OF ILLNESSES THAT MAY THAT MAY THE OWNERS, THE BUYERS MAY HAVE AND THEY, THEY WILL TRY AND KEEP THE CATTLE AND THE DOGS FREE OF ANY OTHER ILLNESSES THAT MAY COME ON SITE FROM THE POTENTIAL BUYERS. THIS IS A LOOK AT THE SITE FROM AN AERIAL PHOTOGRAPH.
AS YOU CAN SEE, THE SITE IS LOCATED JUST THE SOUTHERN SIDE OF HIGHWAY 99 WHERE IT INTERSECTS WITH SANTA FE GOING INTO TURLOCK, AS YOU CAN SEE, TO THE SOUTH AND THE EAST IS MOSTLY AGRICULTURAL USES THAT ARE SURROUNDING THE PROPERTY.
HOWEVER, WHEN YOU ZOOM INTO THE SITE, YOU CAN SEE THAT THERE'S AGRICULTURAL RESIDENTIAL TO THE WEST AND THERE'S A INDUSTRIAL USER TO THE EAST OF THE SITE, BUT WITH ALSO WITH A DAIRY FEEDLOT TO THE NORTH.
IT PRETTY MUCH IS SURROUNDED BY AGRICULTURAL USES.
[00:05:03]
THE BARN, AS I MENTIONED EARLIER, IS LOCATED IN THE MIDDLE OF THE PROPERTY WITH BASICALLY FIVE FENCED AREAS FOR THE CATTLE TO GRAZE.THERE'S ONE LARGE GRAZING AREA THAT'S IN THE REAR OF THE PARCEL THAT'S LOCATED NEXT TO THE HIGHWAY.
AS FOR THE LAND USE ELEMENT, THE THE PROPERTY OR THE PROPOSED USE WOULD PROMOTE, PRESERVE AND EXPAND EXISTING AGRICULTURAL INDUSTRY AND MERCED COUNTY THE USE WOULD BE CHARACTERISTIC OF ANOTHER KIND OF AGRICULTURAL USE BEING CATTLE HOUSES, MORE FOR HOBBY CATTLE VERSUS GENERAL CATTLE, AS THESE CATTLE ARE NOT REALLY USED FOR TYPICAL DAIRY OPERATIONS.
BUT AS I EXPLAIN THE STAFF, THESE ARE MORE FOR HOBBY KIND OF CATTLE.
AS FOR THE ZONING, THE SITE IS ZONED GENERAL AGRICULTURE A-1 THE AREA IS MORE INTENSIVE FARMING OPERATIONS, AS SHOWN IN THE AERIAL PHOTOGRAPH, WHERE BASICALLY THE SOIL IS DESIGNED AND DESIGNATED FOR AGRICULTURAL USES.
ANOTHER COMPONENT OF THE THIS USE IS THE DOG KENNEL, WHICH UPON WHICH OUR ZONING CODE 18.60.140.
THIS PROPOSED USE WOULD NOT BE ALLOWED WITHOUT THE CONDITIONAL USE PERMIT.
ONE IS TO MAKE SURE THAT THE RURAL AREA BECAUSE BASICALLY BECAUSE THE RURAL AREA AND THE ANGELIA SITE AREA AND OUR SPECIFIC OPERATIONS CHARACTERISTICS FOR THE POSE THE HEALTH AND SAFETY PROBLEM IN URBAN POPULATIONS BASICALLY TO SIGNIFICANTLY IMPACT ADJACENT AGRICULTURAL, RECREATIONAL, NATURAL, CULTURAL AND WILDLIFE AND OTHER RESOURCES, AS WELL AS LIMIT THE SIZE, TIME OF OPERATION OR LENGTH. AND ESSENTIALLY WHAT THE APPLICANT HAS DONE IS BY LIMITING THE OPERATION TO TEN DOGS AT ANY GIVEN TIME, AND ONLY 12 ANIMAL UNITS AT ANY GIVEN TIME, THEY ARE LIMITING THE OPERATION THAT WOULD NORMALLY BE SEEN WITH A NORMAL ANIMAL CONFINEMENT FACILITY BEING A DAIRY, OR FOR A LARGER KENNEL OPERATION FOR DOGS. ALSO THE DCD SITE NOT PROPOSING ANY MODIFICATIONS THEY CAN ALSO BE ABLE TO REVERT BACK TO AGLAND IF NEEDED TO IN THE FUTURE.
STAFF HAS NOT RECEIVED ANY COMMENTS AT THIS TIME.
STAFF IS RECOMMENDING THAT THIS PROJECT BE DEEMED EXEMPT FROM CEQA PER 1301 AS AN EXISTING FACILITY, BECAUSE THE USE IS NOT PROPOSING ANY MODIFICATIONS TO THE PROJECT PROPERTY TO THE PROJECT SITE, AND THE USE CAN BE REVERTED BACK TO AT ANY GIVEN TIME IF NECESSARY.
AT THIS TIME, STAFF HAS RECOMMENDED TWO DIFFERENT TWO DIFFERENT MOTIONS.
ONE IS TO DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15 301 FOR EXISTING FACILITIES AND TO RECOMMEND APPROVAL OF CONDITIONS PERMIT CUP25-003 FOR THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE CONDITIONS OF APPROVAL AND THE FINDINGS THAT WERE ALSO MENTIONED IN THE STAFF REPORT.
THAT CONCLUDES STAFF'S REPORT THIS TIME. ARE THERE ANY QUESTIONS OF STAFF? THANK YOU. ANYBODY HAVE ANY QUESTIONS FOR STAFF? SO THIS WAS A IF I MAY.
YES. SO IF I UNDERSTAND IT, THIS WAS ALREADY BEING USED FOR THIS BEFORE THE CONDITIONAL USE PERMIT.
THAT'S CORRECT. SO THIS CAME ABOUT FROM A CODE ENFORCEMENT CASE.
HOW LONG HAS IT BEEN IN EXISTENCE BEFORE IT WAS DISCOVERED? THE I DON'T KNOW THE EXACT TIME FRAME. I KNOW THIS WAS DISCOVERED EARLIER THIS YEAR BY CODE ENFORCEMENT.
AND ALSO STAFF HAS BEEN WORKING WITH THE APPLICANT REGARDING THE CATTLE OPERATION.
AND THE REASON WHY I MENTIONED THAT, BECAUSE PRIOR TO 2019 THE PROPERTY OWNER HAD BEEN USING IT AS AN OVERFLOW FOR CATTLE FROM AN EXISTING DAIRY THAT WAS DOWN THE ROAD. AND SO THIS WAS THE OVERFLOW FOR CATTLE.
SO THEY HAD A LOT MORE CATTLE ON THIS AT THIS LOCATION.
SO WHEN WE LOOKED AT THE ANIMAL CONFINEMENT ORDINANCE FOR MERCED COUNTY, AND WE TRIED TO LOOK AT WHAT WOULD BE CONSIDERED FREE GRAZING FOR MERCED COUNTY, WE DETERMINED THAT SINCE THIS PROJECT, THIS PROJECT SITE IS 6.43 ACRES THAT APPROXIMATELY TWO TWO ANIMAL UNITS,
[00:10:04]
OR BASICALLY 12 PLUS LOCATION WOULD BE APPROPRIATE LIMITATION FOR THIS SITE TO HANDLE FOR FREE GRAZING WISE.YEAH. THANK YOU. ANY OTHER QUESTIONS FOR MARK? THANK YOU. MARK. OKAY. I'D LIKE TO OPEN THE PUBLIC HEARING NOW.
AND IF ANYBODY HAS ANYTHING THEY'D LIKE TO SPEAK ON TO THIS ITEM.
PLEASE STEP FORWARD. STATE YOUR NAME AND ADDRESS.
SEEING NONE, I WILL CLOSE THE PUBLIC HEARING AND MOVE ON TO MINOR SUBDIVISION NUMBER MS25-010.
THE RECOMMENDATIONS ON THIS ONE. OH, SORRY. THANK YOU, THANK YOU.
THE MOTION PLEASE. I'D BE HAPPY TO MAKE THE MOTION DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION ONE FIVE 301, EXISTING FACILITIES OF CEQA GUIDELINES.
A SECOND. MOTION AND A SECOND. ALL THOSE IN FAVOR? AYE. ANY OPPOSED? UNANIMOUSLY APPROVED. ON TO SECOND MOTION, IF WE CAN BRING THAT BACK UP.
WHAT'S THAT? OKAY. ALSO FOR THE PROJECT DETERMINATION, MAKE THE MOTION RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT NUMBER CUP25-003.
SECOND. SECOND. I HAVE A MOTION AND A SECOND.
ALL THOSE IN FAVOR? AYE. ANY OPPOSED? MOVED. SO PASSED UNANIMOUSLY.
OKAY. NOW WE CAN MOVE ON TO THE MINOR SUBDIVISION NUMBER MS25-010.
GOOD MORNING. THANK YOU. CHAIRMAN. MY NAME IS RICARDO MERCADO.
AND THE PROJECT BEFORE YOU IS MINOR SUBDIVISION MS25-010 FOR THE APPLICANT, LUIS BERNARDETE.
THE RESULTING PARCELS WOULD WOULD BE AS FOLLOWS.
PARCEL ONE THE HOME SITE PARCEL WOULD BE FIVE ACRES.
PARCEL TWO THE REMAINDER PARCEL WOULD BE 34.2 NET ACRES.
HERE'S A VICINITY OF THE PROJECT SITE. PROJECT SITE IS OUTLINED IN RED AND CONSISTS OF ONE PARCEL, APPROXIMATELY 39 ACRES IN SIZE, LOCATED ON THE SOUTH SIDE OF WILLIAMS AVENUE IN THE HILMAR AREA, APPROXIMATELY THREE QUARTERS OF A MILE EAST OF OF LANDER.
CURRENTLY, THE SITE IS DEVELOPED WITH AN EXISTING ANIMAL CONFINEMENT FACILITY.
A FEW DISPERSED RURAL RESIDENCES WHICH HAVE THEIR OWN SEPTIC AND DOMESTIC WELLS, ALONG WITH RESIDENTIAL ACCESSORY BUILDINGS AND AGRICULTURAL ACCESSORY BUILDINGS. THE REST OF THE PROJECT SITE IS FALLOW FARMLAND FROM WHAT APPEARS ON CURRENT AERIAL VIEWS, AND THEY ARE ALSO EQUIPPED WITH AN IRRIGATION WELL TO SUPPORT THE FARMING OPERATIONS OUT THERE. ACCESS RIGHT NOW IS PROVIDED THROUGH MULTIPLE DRIVEWAYS LOCATED ALONG WILLIAMS AVENUE. THE PROJECT SITE IS IS THE PROJECT SITE AND THE SURROUNDING AREA IS GENERALLY FLAT TOPOGRAPHY AND CHARACTERIZED BY AGRICULTURAL LAND USES AS SIMILAR TO THE PROJECTS I RURAL RESIDENCES, ROW CROPS, AND OTHER ANIMAL CONFINEMENT FACILITIES AS WELL.
SO AS YOU CAN SEE, PARCEL ONE WOULD MAINTAIN THE HOME SITE WITH WITH THE SEPTIC AND DOMESTIC WELL, FOR THAT HOUSE AS WELL AS THOSE DETACHED RESIDENCES ACCESSORY BUILDINGS PARCEL ONE WOULD ALSO CONTINUE TO HAVE FRONTAGE AND DRIVEWAY ACCESS ONTO WILLIAMS AVENUE.
PARCEL TWO WOULD MAINTAIN MOST OF THE EXISTING STRUCTURES AND OPERATIONS FOR THE ANIMAL CONFINEMENT FACILITY AND ACCESSORY BUILDINGS THEIR RESPECTIVE TO THE USE OUT THERE.
THERE'S ALSO TWO RURAL RESIDENCES PART OF THE ANIMAL CONFINEMENT FACILITY.
THEY'RE TIED TO AG WORKERS OUT THERE. AND THOSE TWO WOULD MAINTAIN OR BE MAINTAINED ON PARCEL TWO WITH THE WITH ITS RESPECTIVE SEPTIC AND PRIVATE DOMESTIC WELLS AS WELL FOR THOSE RURAL RESIDENCES. AND IT WILL ALSO CONTINUE TO HAVE ACCESS TO WILLIAMS AVENUE VIA DRIVEWAYS.
[00:15:03]
USED FOR AGRICULTURAL PRODUCTION. THIS POLICY IS OUTLINED IN SECTION 18.10.030 OF THE MERCED COUNTY ZONING CODE, WHICH MINIMIZES THE POTENTIAL IMPACTS OF AGRICULTURAL LAND AND FARMING THAT LAND AND FARMING MAY HAVE ON NEARBY PROPOSED RESIDENCES.FOR THIS THIS CASE THE EXISTING RURAL RESIDENCES THAT ARE TIED TO TO THE ANIMAL CONFINEMENT FACILITY, WE ARE JUST BECAUSE THEY'RE CLOSE TO THE EASTERN PROPERTY LINE.
WE'RE NOT HOLDING IT TO THAT STANDARD. WE'RE ONLY HOLDING IT TO THE THE NEW PROPOSED PROPERTY LINE FOR THE HOME SITE, WHICH IS ON THE WEST THE WEST SIDE OF OF THOSE RURAL RESIDENCES WHICH MEET THE 200 FOOT BUFFER.
MOVING ON. STAFF HAS FOUND THAT THE PROJECT IS CONSISTENT WITH THE APPLICABLE GENERAL PLAN POLICIES REGARDING, FACILITATION AND PRESERVATION OF AGRICULTURAL USES.
STAFF HAS ALSO FOUND THAT THE PROJECT IS IN COMPLIANCE WITH POLICY AG 3.12 WHICH STAFF HAS RECOMMENDED THAT THE FINAL MAP INCLUDE A NOTE PREVIOUS TO OTHER MINOR SUBDIVISIONS IN THE SIMILAR NATURE, STATING THAT ANY NEW RESIDENTS WILL REQUIRE CONDITIONAL USE PERMIT FROM THE COUNTY.
THE PROJECT IS ALSO FOUND CONSISTENT WITH THE MERCED COUNTY ZONING CODE.
IN ACCORDANCE WITH SECTION 18.10 .030, THE HOMESITE PARCEL MAY BE SECTIONED OFF WITH THE AND IS EXEMPT FROM THE MINIMUM PARCEL SIZE REQUIREMENTS BY SATISFYING THE FOLLOWING REQUIREMENTS. PORTION OF THE PARCEL WHICH DOES NOT CONTAIN THE HOMESITE MEETS THE MINIMUM PARCEL SIZE REQUIREMENT, OR IS COMBINED WITH AN ABUTTING PARCEL TO CREATE A PARCEL WHICH MEETS THE MINIMUM PARCEL SIZE REQUIREMENTS.
IN THIS CASE, THE REMAINDER PARCEL IS GOING TO BE WELL ABOVE THE 20 ACRE MINIMUM.
IT'S GOING TO BE, I BELIEVE, APPROXIMATELY THE 34 ACRES, 34.2 ACRES.
PARCEL ONE IS GOING TO BE FIVE ACRES MEETING THAT REQUIREMENT AS WELL. AND THE THIRD REQUIREMENT WOULD BE THE PROPERTY OWNERS HAVE LIVED AT THE RESIDENCE FOR AT LEAST TEN YEARS, WHICH THE APPLICANT HAS FURNISHED DOCUMENTATION TO PROVE SO 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 THE 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.
STAFF HAS A ACTUALLY, I'M JUMPING AHEAD HERE.
NOTICE OF THIS PUBLIC HEARING WAS PUBLISHED IN MERCED COUNTY TIMES AND MAILED TO PROPERTY OWNERS OF RECORD WITHIN 300FT OF THE PROJECT SITE ON NOVEMBER 6TH, 2025. STAFF DID NOT RECEIVE ANY COMMENTS FROM THE PROJECT.
SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS OF THE CEQA GUIDELINES BASED ON THE ANALYSIS IN THE 2030 MERCED COUNTY GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT AND THE ATTACHED CEQA GUIDELINES, SECTION 15162 FINDINGS AND ANALYSIS.
AND SECOND RECOMMENDATION WOULD BE TO APPROVE MINOR SUBDIVISION MS 25 010.
THIS NOW CONCLUDES STAFF'S PRESENTATION. I'M AVAILABLE FOR QUESTIONS.
COMMISSIONERS, HAVE ANY QUESTIONS FOR RICARDO? OKAY.
I'LL MAKE THAT MOTION, SIR. YES, MR. TATUM. IS THERE NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15 162? SUBSEQUENT EIR AS A NEGATIVE DECLARATIONS OF THE CEQA GUIDELINES BASED ON THE ANALYSIS IN THE 2030 MERCED COUNTY GENERAL PLAN PROGRAM, ENVIRONMENTAL IMPACT REPORT AND THE ATTACHED CEQA GUIDELINES, SECTION 15162 FINDINGS AND ANALYSIS.
[00:20:04]
THANK YOU. WE HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR? AYE. ANY OPPOSED? OKAY. PASSES UNANIMOUSLY. NOW YOU GO TO PROJECT DETERMINATION.MOTION, PLEASE. MOTION TO APPROVE. MINOR SUBDIVISION NUMBER MS25-010 BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.
WE HAVE A MOTION AND A SECOND. SECOND. WE HAVE A SECOND.
ALL THOSE IN FAVOR? AYE. ANY OPPOSED? MOTION PASSES UNANIMOUSLY.
THANK YOU. OKAY. ANY. COMMISSIONER ACTION ITEMS. DIRECTOR'S REPORT. AND COMMISSIONER COMMENTS.
SO WE MOVE FOR ADJOURNMENT, THEN. THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.