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GOOD MORNING. WELCOME TO THE PLANNING COMMISSION MEETING.
ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
THANK YOU. ROLL CALL COMMISSIONERS, PLEASE. COMMISSIONER JAWAD.
HERE. VICE CHAIRMAN TATUM. HERE. CHAIRMAN RAMIREZ.
HERE. AND COMMISSIONER SPYCHER AND COMMISSIONER ERRECA DID EXCUSE THEMSELVES.
AND, MR. CHAIR, YOU HAVE A QUORUM. THANK YOU.
[4. APPROVAL OF MINUTES]
SO MOVED. SECOND. OH, THE PUBLIC HAS A RIGHT TO COMMENT ON THEM.YOU CAN ASK ANY COMMENT FROM THE PUBLIC ON OUR MINUTES.
OKAY. SO CAN I GET A MOTION? MOTION? ALL THOSE IN FAVOR? ANY OPPOSED? SO MOVED. OKAY. AT THIS POINT, WE'D LIKE TO OPEN UP A CITIZENS COMMUNICATION.
YOU COME UP, STATE YOUR NAME, ADDRESS, AND YOU HAVE THREE MINUTES.
OKAY. SEEING NONE, I WILL CLOSE THE CITIZENS COMMUNICATION AND MOVE ON TO THE PUBLIC HEARINGS.
[6. PUBLIC HEARING(S)]
FIRST ITEM ON THE AGENDA IS ZONE CHANGE NUMBER CC25-003.ZONE CHANGE NUMBER ZC25-003 AND CONDITIONAL USE PERMIT NUMBER CUP25-016, OTHERWISE KNOWN AS THE LAS CAMAS SOLAR PROJECT FOR THE APPLICANT EDPR. SO ON MARCH 11TH, 2025, THE BOARD OF SUPERVISORS APPROVED GENERAL PLAN AMENDMENT NUMBER GPA20-001, ZONE CHANGE NUMBER ZC21-002 AND CONDITIONAL USE PERMIT NUMBER CUP20-011, ALSO KNOWN AS THE LAS CAMAS SOLAR PROJECT. SPECIFICALLY, THE BOARD CERTIFIED THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT ADOPTED THE FINDINGS OF FACT, THE STATEMENT OF OVERRIDING CONSIDERATIONS, AND THE REVISED MITIGATION, MONITORING AND REPORTING PROGRAM.
THEY ALSO AMENDED THE GENERAL PLAN LAND USE DESIGNATION AND ZONING CLASSIFICATION OF APPROXIMATELY 202.8 ACRES OF LAND LOCATED ON THE SOUTHEASTERN PORTION OF THE VILLAGES OF LAGUNA SAN LUIS COMMUNITY PLAN. FROM LOW DENSITY RESIDENTIAL TO MEDIUM AND HIGH DENSITY RESIDENTIAL LAND USES, AND ESTABLISHED A SOLAR OVERLAY WITH BOTH THE REDESIGNATION AND THE OVERLAY TO SUNSET ON DECEMBER 31ST, 2060. THE BOARD ALSO APPROVED A SOLAR BENEFITS AGREEMENT AND APPROVED A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION AND OPERATION OF A 200 MEGAWATT SOLAR PHOTOVOLTAIC POWER PLANT FOR APPROXIMATELY 35 YEARS IN THE SOLAR OVERLAY ZONE.
OTHER IMPROVEMENTS ASSOCIATED WITH THE PROJECT INCLUDED THE CONSTRUCTION OF A 230 KILOVOLT GENERATION TIE LINE, CONSISTING OF OVERHEAD POWER LINES, TO CONNECT THE SOLAR PROJECT TO THE PG&E SUBSTATION.
THE PROJECT BEFORE YOU TODAY PROPOSES GENERAL PLAN AMENDMENT AND ZONE CHANGE TO EXPAND THE SOLAR OVERLAY BY APPROXIMATELY 160 ACRES AND AMEND THE TEXT LANGUAGE AS ATTACHED TO THE STAFF REPORT AS VILLAGES OF LAGUNA SAN LUIS COMMUNITY PLAN AMENDMENT TO DESCRIBE THE SOLAR OVERLAY AND ASSOCIATED ENTITLEMENTS.
PROJECT ALSO PROPOSES TO USE THE OVERLAY TO ALLOW CONDITIONAL USE PERMIT FOR THE EXPANSION OF A 200 MEGAWATT SOLAR PHOTOVOLTAIC POWER PLANT BY APPROXIMATELY 160 ACRES, AND TO ADOPT THE REVISED MITIGATION, MONITORING AND REPORTING PROGRAM FOR THE SOLAR PROJECT, INCLUDING REVISIONS TO MITIGATION MEASURES AES-1 TO REDUCE THE LANDSCAPE SCREENING BUFFER FROM 50FT TO 20FT, AND MITIGATION MEASURE WF-3A TO REPLACE THE ACTIVE FIRE SUPPRESSION SYSTEMS WITH PASSIVE FIRE SUPPRESSION FEATURES.
MODIFICATIONS FROM THE PREVIOUSLY APPROVED PROJECT INCLUDE THE EXPANSION OF THE SOLAR PROJECT SITE FROM APPROXIMATELY 1681 ACRES TO APPROXIMATELY 1839 ACRES, TO REDISTRIBUTE SOME PROJECT COMPONENTS OVER A WIDER PROJECT AREA THAT INCLUDES THE APPROXIMATELY 160 ACRE ADDED PARCEL TO INCREASE THE GROUND AND GROUND DISTURBANCE BY APPROXIMATELY 150 ACRES OF ADDITIONAL TEMPORARY DISTURBANCE AND EIGHT ACRES OF PERMANENT DISTURBANCE, TO AN INCREASE IN THE AMOUNT OF SITE GRADING BY APPROXIMATELY FIVE ACRES, THE ELIMINATION OF OFF SITE WATER TRUCK DELIVERIES BY OBTAINING ALL WATER FOR THE SOLAR
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PROJECT THROUGH THE SAN LUIS WATER DISTRICT WATER SYSTEM.CHANGES TO CONSTRUCTION, HAUL ROUTES AND ACCESS, AND CHANGES TO THE SOLAR PROJECT SCHEDULE AS WELL AS THE ADDITION OF A PERMANENT ACCESS POINT VIA SAN LUIS DRIVE FOR OPERATIONS AND MAINTENANCE PERSONNEL ONLY, AND TO MODIFY THE PREVIOUSLY APPROVED VEGETATED SCREEN ALONG STATE ROUTE 152 BY REDUCING THE BUFFER WIDTH FROM 50FT TO 20FT, EXTENDING THE SCREEN TO INCLUDE THE ADDED PARCEL, AVOIDING THIRD PARTY EASEMENTS AND WILDLIFE CORRIDORS, AND REVISING PLANT SELECTION TO SHRUBS AND SMALL TREES WITH A MINIMUM MATURE HEIGHT OF 20FT TO COMPLY WITH COUNTY CODES. FINALLY, TO MODIFY MITIGATION MEASURE WF-3A WITH, BY REPLACING THE PREVIOUSLY APPROVED ACTIVE FIRE SUPPRESSION SYSTEMS WITH PASSIVE FIRE SUPPRESSION FEATURES REQUIRING NATIONAL FIRE PROTECTION ASSOCIATION COMPLIANT LARGE SCALE FIRE TESTING BY THE CONTAINER MANUFACTURER TO DEMONSTRATE THAT A FULLY INVOLVED BATTERY CONTAINER FIRE WOULD NOT SPREAD TO ADJACENT CONTAINERS, CONSISTENT WITH CURRENT NFPA STANDARDS AND BEST PRACTICES.
THE PROPOSED MODIFICATIONS WOULD NOT RESULT IN ANY SUBSTANTIAL CHANGES TO OTHER PROJECT FEATURES SUCH AS BUILDING DESIGN, LIGHTING, AND FENCING. ADDITIONALLY, THE PROJECT MODIFICATIONS WOULD NOT INCLUDE ANY CHANGES TO THE SUBSTATION MODIFICATIONS, THE GEN-TIE LINE OFF SITE REDESIGNATION AREA OR OFF SITE MITIGATION SITE DESCRIBED AND EVALUATED IN A CERTIFIED SUBSEQUENT EIR.
HERE IS A VISUAL SIMULATION SHOWING WHAT WAS PROPOSED IN THE ORIGINAL PROJECT.
ON THE LEFT, A VEGETATION SCREEN THAT IS 50FT WIDE BY 15FT TALL AND ON THE RIGHT.
WHAT IS PROPOSED WITH THIS PROJECT, A VEGETATION SCREEN THAT IS 20FT WIDE BY 20FT TALL.
THE PROJECT SITE IS LOCATED ON THE SOUTHWEST CORNER OF INTERSTATE FIVE AND STATE ROUTE 152.
THE PROJECT SITE IS CURRENTLY USED FOR GRAZING AND DRY FARMING, AND PORTIONS ARE FALLOWED AGRICULTURAL LAND THAT HAVE BEEN ABANDONED, BECOMING NON-NATIVE ANNUAL GRASSLAND. HERE IS AN IMAGE OF THE MODIFIED PROJECT SITE.
THE LIFE OF THE SOLAR PROJECT, THE PG&E SUBSTATION MODIFICATIONS, GEN-TIE LINE OF SIGHT REDESIGNATION AREA OR OFF SITE MITIGATION SITE DESCRIBED AND EVALUATED IN THE CERTIFIED FINAL AND SUBSEQUENT EIR.
HERE'S A PICTURE OF THE PROPOSED PROJECT SITE.
THERE WOULD BE NO ADDITIONAL ENERGY PRODUCED THAN WHAT WAS PREVIOUSLY PROPOSED.
ALL ENERGY AND PANELS WOULD BE REDISTRIBUTED AMONGST AMONGST THE PROJECT SITE.
THE UNDERLYING GENERAL PLAN AND ZONING DESIGNATIONS WOULD REMAIN UNCHANGED, AND REVERT BACK TO THE ORIGINAL DESIGNATIONS BY THE SUNSET DATE OF DECEMBER 31ST, 2060. THE PROJECT IS CONSISTENT WITH APPLICABLE GOALS OF THE MERCED COUNTY GENERAL PLAN, INCLUDING, BUT NOT LIMITED TO GOAL LU-2, AQ-2, ED-4, AND NR-2.
THE PROJECT PROVIDES AN INTERIM USE OF FALLOW AGRICULTURAL LAND THROUGH THE SOLAR OVERLAY ZONE, WITHOUT ALTERING LONG TERM AGRICULTURAL ZONING OR THE PLANNED RESIDENTIAL DEVELOPMENT FOR THE VILLAGES OF LAGUNA SAN LUIS.
THE EXPANDED SOLAR OVERLAY ZONE WOULD NOT ELIMINATE OR REDUCE PLANNED HOUSING CAPACITY, WOULD COMPLY WITH ALL PREVIOUSLY ADOPTED ENVIRONMENTAL MITIGATION MEASURES, AND WOULD SUPPORT COUNTY GOALS FOR CLEAN ENERGY, ECONOMIC DEVELOPMENT, AND GREENHOUSE GAS REDUCTION WHILE PRESERVING FUTURE LAND USE FLEXIBILITY. ADDITIONALLY, THE PREVIOUSLY APPROVED SOLAR OVERLAY ZONE THAT ALLOWS FOR THE SOLAR PROJECT WITH A CONDITIONAL USE PERMIT WOULD STILL SUNSET IN 2060 AND WOULD BE EXPANDED TO INCORPORATE THE ADDED PARCEL IN ACCORDANCE WITH ZONING CODE SECTION 18.130.090.
THE PROPOSED MODIFICATION IS BEING PROCESSED AS A NEW CONDITIONAL USE PERMIT, BECAUSE ANY CHANGES THAT WOULD BE CONSIDERED MAJOR MODIFICATIONS REQUIRE APPROVAL BY THE ORIGINAL REVIEW AUTHORITY THROUGH A NEW APPLICATION.
ON SEPTEMBER 30TH, 2025, AN AB 52 NOTICE WAS SENT TO TABLE MOUNTAIN RANCHERIA, ON NOVEMBER 12TH, 2025 THE TRIBE NOTIFIED THE COUNTY THAT THEY WOULD LIKE A TRIBAL MONITOR ON SITE PRIOR TO ANY GROUND DISTURBANCE.
THIS REQUEST HAS BEEN INCORPORATED INTO THE PROJECT AS A CONDITION OF APPROVAL NUMBER FOUR.
[00:10:06]
NOTICE OF THE PUBLIC HEARING WAS MAILED TO PROPERTY OWNERS WITHIN 300FT OF THE PROJECT SITE AND ALL INTERESTED PARTIES ON DECEMBER 19TH, 2025 AND JANUARY 15TH, 2026. IT WAS PUBLISHED IN THE WESTSIDE EXPRESS ON DECEMBER 24TH, 2025 AND JANUARY 14TH, 2026, AND FINALLY PUBLISHED IN MERCED COUNTY TIMES ON DECEMBER 25TH, 2025 AND JANUARY 15TH, 2026. ON DECEMBER 22ND, 2025, THE COUNTY RECEIVED AN EMAIL FROM THE SAN LUIS WATER DISTRICT REQUESTING A COPY OF THE PROPOSED CHANGES, THE PROPOSED SOLAR OVERLAY ZONE, AND THE ADDENDUM TO THE FINAL AND SUBSEQUENT EIR.THE COUNTY PROVIDED THOSE DOCUMENTS TO THE WATER DISTRICT.
IN THE ORIGINAL CONDITIONAL USE PERMIT, THE APPLICANT ENTERED INTO A HABITAT CONSERVATION PLAN WITH THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE FOR THE HABITAT CONSERVATION PLAN. THE APPLICANT PROPOSED THE ESTABLISHMENT OF AN OFF SITE MITIGATION SITE OF AT LEAST 1498 ACRES THAT WOULD BE PLACED INTO A CONSERVATION EASEMENT FOR 40 YEARS. ANY INCREASE IN THE SIZE OF THE OFF SITE MITIGATION AREA WOULD BE COORDINATED BETWEEN THE APPLICANT AND CDFW.
IN 2008, THE BOARD OF SUPERVISORS APPROVED THE ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGES OF LAGUNA SAN LUIS AS PART OF CONDITIONAL USE PERMIT NUMBER CUP 20-011, A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT WAS PREPARED FOR THE PROJECT.
ON MARCH 11TH, 2025 THE BOARD OF SUPERVISORS CERTIFIED THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT AND ADOPTED THE CEQA FINDINGS OF FACTS, THE STATEMENT OF OVERRIDING CONSIDERATIONS, AND THE REVISED MITIGATION AND MONITORING REPORTING PROGRAM.
ADDENDUM NUMBER ONE ANALYZES THE ENVIRONMENTAL EFFECTS OF THE MODIFIED PROJECT IN RELATION TO THE ENVIRONMENTAL ANALYSIS IN THE 2025 FINAL AND SUBSEQUENT EIR WITH REGARD TO A VARIETY OF ENVIRONMENTAL TOPIC AREAS, INCLUDING BUT NOT LIMITED TO BIOLOGICAL RESOURCES, CULTURAL RESOURCES, ENERGY, TRANSPORTATION AND TRAFFIC, AND UTILITIES AND SERVICE SYSTEMS. THE ADDENDUM CONCLUDED THAT CHANGES TO THE PREVIOUSLY APPROVED PROJECT IN CONNECTION WITH THE PROPOSED CHANGES, AND ANY ALTERED CONDITIONS SINCE CERTIFICATION OF THE 2025 FINAL AND SUBSEQUENT EIR WOULD NOT RESULT IN ANY NEW SIGNIFICANT ENVIRONMENTAL EFFECTS AND WOULD NOT SUBSTANTIALLY INCREASE THE SEVERITY OF THE PREVIOUSLY IDENTIFIED SIGNIFICANT EFFECTS.
ADDENDUM NUMBER ONE ALSO IDENTIFIES MITIGATION MEASURES ADOPTED AS PART OF THE 2025 FINAL AND SUBSEQUENT EIR, RELEVANT TO THE PROJECT SITE THAT HAVE BEEN INCORPORATED INTO, AND MUST BE IMPLEMENTED AS PART OF THE MODIFIED PROJECT.
ALL MITIGATION MEASURES IN THE 2025 FINAL AND SUBSEQUENT EIR RELEVANT TO THE PROJECT, AS WELL AS THE COMPONENTS OF THE PROJECT DESCRIBED IN THE ADDENDUM NUMBER ONE, ARE INCLUDED IN THE APPROVAL AND ARE MADE CONDITIONS OF THE MODIFIED PROJECT PURSUANT TO SECTION 15164 OF THE CEQA GUIDELINES, AN ADDENDUM NEED NOT BE CIRCULATED FOR PUBLIC REVIEW, BUT CAN BE INCLUDED IN OR ATTACHED TO THE FINAL EIR OR ADOPTED NEGATIVE DECLARATION.
GIVEN ALL THE INFORMATION PROVIDED TODAY, STAFF HAS TWO RECOMMENDATIONS.
ADOPT THE REVISED MITIGATION, MONITORING AND REPORTING PROGRAM FOR THE LAS CAMAS SOLAR PROJECT, CONDITIONAL USE PERMIT NUMBER CUP20-011 AND CUP25-016, INCLUDING THE REVISIONS TO THE MITIGATION MEASURES AES-1 TO REDUCE THE LANDSCAPE SCREENING BUFFER FROM 50FT TO 20FT, AND MITIGATION MEASURE WF-3A TO REPLACE THE ACTIVE FIRE SUPPRESSION SYSTEMS WITH PASSIVE FIRE SUPPRESSION FEATURES AND THE FINDINGS OF FACT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPT A RESOLUTION RECOMMENDING THE BOARD OF SUPERVISORS ADOPT A RESOLUTION TO APPROVE GENERAL PLAN AMENDMENT NUMBER GPA25-003 TO EXPAND A SOLAR OVERLAY ZONE. THE LAS CAMAS SOLAR OVERLAY AND AMEND THE TEXT LANGUAGE AS ATTACHED TO THE STAFF REPORT AS VILLAGES OF LAGUNA SAN LUIS COMMUNITY PLAN AMENDMENT THAT DESCRIBES THE SOLAR OVERLAY ZONE AND LAS CAMAS SOLAR PROJECT ENTITLEMENTS.
ADOPT AN ORDINANCE TO APPROVE ZONE CHANGE NUMBER ZC25-003 TO EXPAND THE LAS CAMAS SOLAR OVERLAY AND APPROVE CONDITIONAL USE PERMIT NUMBER CUP25-016 BASED ON THE FINDINGS IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL, THIS CONCLUDES STAFF'S PRESENTATION. I'M AVAILABLE FOR QUESTIONS.
THE APPLICANT TEAM IS ALSO PRESENT AND AVAILABLE FOR ANY QUESTIONS.
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ANY QUESTIONS FROM THE COMMISSIONERS? I'VE GOT A QUESTION, MR. CHAIR, IF YOU DON'T MIND. IF WE'RE REDUCING THE FIRE SUPPRESSION SYSTEM FROM ACTIVE TO PASSIVE, WHY ARE WE DOING THAT AND WHAT'S THE IMPACT? AND THAT MIGHT NOT BE A QUESTION FOR YOU, BUT FOR THE APPLICANT.YES. THE APPLICANT IS HERE WITH THEIR FIRE SPECIALIST.
SO I CAN EXPLAIN A LITTLE BIT ABOUT THE DIFFERENCE BETWEEN THE ACTIVE AND PASSIVE FIRE SUPPRESSION SYSTEMS. SO A PASSIVE FIRE SUPPRESSION WOULD BE MORE SO, SUCH AS COMPARTMENTATION AND FIRE BARRIERS AND THERMAL INSULATION AND ACTIVE FIRE SUPPRESSION FEATURES WOULD INCLUDE SOMETHING MORE SO, LIKE SUPPRESSION.
I UNDERSTAND IN TERMS OF FIRE ACTIVE VERSUS PASSIVE, I UNDERSTAND THAT, BUT ISN'T IT A REDUCTION IN COST AS WELL WHEN YOU GO FROM ACTIVE TO PASSIVE? HE'S HERE. YEAH. SO ANY REASONING BEHIND WHY THE APPLICANT CHOSE TO DO THAT, WE CAN GO AHEAD AND DEFER TO THEM.
YEAH. GOOD MORNING COMMISSIONERS. THANK YOU ANA.
THANK YOU TIFFANY, I JUST WANTED TO INTRODUCE MYSELF, JOE FRIEDMAN. I'M A PROJECT DEVELOPMENT MANAGER FOR THE LAS CAMAS PROJECT HERE TODAY WITH SOME OF MY COLLEAGUES. SO. YEAH, I'D LIKE TO ANSWER YOUR QUESTION.
AND IN THAT NOTE, I'M I'M GOING TO CALL OUR FIRE CONSULTANT.
PLEASE COME UP AND JOIN ME, AND WE CAN ANSWER YOUR QUESTION HERE.
I'D LIKE TO INTRODUCE BRIAN FROM FIRE RISK ALLIANCE.
GOOD MORNING EVERYONE. SO MY NAME IS BRIAN FINK.
I'M A RETIRED BATTALION CHIEF OUT OF NEW YORK CITY.
I SPENT 38 YEARS WITH THE DEPARTMENT, THE LAST 20 AS A BATTALION COMMANDER IN THE BRONX.
AND I RETIRED ROUGHLY THREE YEARS AGO. SINCE THAT TIME, I'VE BEEN INVOLVED WITH BATTERY ENERGY STORAGE AND TRAINING FIREFIGHTERS ON HOW TO RESPOND TO THESE FACILITIES. AND PART OF THAT IS ALSO UNDERSTANDING HOW THESE THINGS ARE BUILT AND WHAT'S BEST FOR THOSE SYSTEMS. SO TO ANSWER YOUR QUESTION IT'S FIRE SUPPRESSION DOES NOT WORK IN THESE CONTAINERS.
IT DOESN'T WORK. SOMETIMES IT'S COUNTERPRODUCTIVE AND CAN MAKE THINGS WORSE RATHER THAN BETTER.
DOES THAT ANSWER YOUR QUESTION? ABSOLUTELY. VERY GOOD.
AND IT REDUCES YOUR COST AS WELL, DOES IT NOT? I MEAN, I DON'T KNOW WHAT THE COST IS THAT THAT WOULD BE THE DEVELOPER.
ALL RIGHT. THE SECOND QUESTION I HAD WAS REGARDING LANDSCAPE.
YOU REDUCED. SORRY, MR. CHAIR, IF I CAN ASK THE SECOND QUESTION.
GO AHEAD. THANK YOU. THANK YOU. SIR. REDUCING THE LANDSCAPE PROFILE FROM 50 TO 20FT.
WHY IS THAT? SURE. SO HOPEFULLY FROM THE VISUAL SIMULATION YOU COULD SEE THAT.
YEAH. THEY'RE NOT NOT A SIGNIFICANT CHANGE IN THE IN THE EFFECTS OF THE, OF THE BUFFER.
SO IT HELPED US OPTIMIZE THE THE LAND THAT WE HAD TO BUILD ON.
AND CERTAINLY REDUCE, REDUCE COSTS ALONG THE BUFFER.
THANK YOU. ANY MORE QUESTIONS? OKAY. NOW WOULD LIKE TO OPEN UP THE PUBLIC HEARING.
ANYBODY THAT WOULD ALSO WOULD LIKE TO SPEAK ON THIS PROJECT.
COME UP. YOU HAVE THREE MINUTES. STATE YOUR NAME AND ADDRESS, PLEASE. OKAY.
SEEING NONE, I WILL CLOSE THE PUBLIC HEARING ON THIS ITEM. MAKE A MOTION.
I'LL MAKE A MOTION. I'LL MOTION TO RECOMMEND THE BOARD OF SUPERVISORS CERTIFIED ADDENDUM NUMBER ONE TO THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FSEIR SCH NUMBER 202108016, ADOPT THE REVISED MITIGATION, MONITORING AND REPORTING PROGRAM FOR THE LAS CAMAS SOLAR PROJECT CONDITIONAL USE PERMIT NUMBER CUP20-011 AND CUP25-016, INCLUDING THE REVISIONS TO MITIGATION MEASURE AES-1 TO REDUCE THE LANDSCAPE SCREENING BUFFER FROM 50FT TO 20FT, AND MITIGATION MEASURE WF3A TO REPLACE THE ACTIVE FIRE SUPPRESSION SYSTEMS WITH PASSIVE FIRE SUSPENSION FEATURES AND THE FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
SECOND. I'LL SECOND IT. AND THANK YOU FOR THE ANSWERS TO THE QUESTIONS.
[00:20:02]
WE HAVE A SECOND. ALL THOSE IN FAVOR? AYE. ANY OPPOSED? MOTION PASSED. MOTION ON THE PROJECT DETERMINATION? [INAUDIBLE] PROJECT. YES, SIR.DO WE JUST CLOSE THE PUBLIC HEARING? RIGHT. OPEN IT.
OKAY. MY NAME IS MATT DUTCHER, 2472 DUNN ROAD. I TRIED THE SAME THING. I DIDN'T MAKE IT PAST THE SECRETARY AND YOU JUST APPROVED IT.
ANYBODY HAVE ANY COMMENT FOR MR. DUNN? YEAH. YEAH.
THANK YOU. OKAY. CLOSE THE PUBLIC HEARING. CAN I GET A MOTION ON A PROJECT DETERMINATION. I'LL MOTION ADOPT THE RESOLUTION RECOMMENDING THE BOARD OF SUPERVISORS ADOPT ADOPTED A RESOLUTION TO APPROVE GENERAL PLAN AMENDMENT AMENDMENT NUMBER GPA25-003 TO EXPAND A SOLAR OVERLAY ZONE, LAS CAMAS SOLAR OVERLAY, AND AMEND THE TEXT LANGUAGE AS ATTACHED TO THE STAFF REPORT AS VILLAGES OF LAGUNA SAN LUIS COMMUNITY PLAN AMENDMENT THAT DESCRIBES A SOLAR OVERLAY ZONE AND SOLAR PROJECT ENTITLEMENTS. ADOPT AN ORDINANCE TO APPROVE ZONE CHANGE NUMBER ZC25003 TO EXPAND THE LAS CAMAS SOLAR OVERLAY AND APPROVE CONDITIONAL USE PERMIT NUMBER CUP25-016 BASED ON THE FINDINGS IN THE STAFF REPORT AND SUBJECT TO RECOMMENDED CONDITIONS OF APPROVAL.
A SECOND? SECOND. SECOND. ALL THOSE IN FAVOR? AYE. ANY OPPOSED? MOTION PASSED. OKAY. SO NOW WE'LL MOVE ON TO THE SECOND ITEM.
GOOD MORNING, PLANNING COMMISSION. MY NAME IS RICARDO MERCADO. AND THE PROJECT BEFORE YOU IS ZONING VARIANCE ZV 25-002/ MINOR SUBDIVISION NUMBER MS25-015 FOR THE APPLICANT, DANIEL MORRISON. THE PROJECT IS A REQUEST TO VARY FROM AND REDUCE TO 200 FOOT AGRICULTURAL BUFFER REQUIREMENT TO 90FT.
REASON FOR THIS IS TO CONFORM WITH THE SIZE REQUIREMENTS FOR A HOME SITE.
FURTHER, THE PROJECT SITE IS ALSO REQUEST TO SECTION OFF OF FIVE ACRE HOME SITE PARCEL FROM A 0.82 NET ACRE PARCEL, RESULTING IN PARCEL ONE, THE HOME SITE PARCEL, 5 NET ACRES AND THE REMAINDER PARCEL WOULD BE 35.82 NET ACRES.
MOVING FORWARD, WE HAVE A VICINITY OF THE PROJECT SITE. THE PROJECT SITE IS OUTLINED IN RED AND CONSISTS OF ONE PARCEL, APPROXIMATELY 40.82 ACRES IN SIZE. IT IS LOCATED ON THE SOUTH SIDE OF LETTEAU AVENUE, APPROXIMATELY QUARTER MILE EAST OF GRIFFITH AVENUE IN THE DELHI AREA.
CURRENTLY, THE SITE IS DEVELOPED WITH TWO RURAL RESIDENCES BOTH OF WHICH HAVE THEIR OWN INDIVIDUAL SEPTIC SYSTEMS AND PRIVATE DOMESTIC WELLS ALONG WITH RESIDENTIAL ACCESSORY BUILDINGS. THE REST OF THE PROJECT SITE CONSISTS OF ORCHARD FARMLAND, WHICH IS EQUIPPED WITH AN IRRIGATION WHEEL AND AUXILIARY IRRIGATION EQUIPMENT TO SUPPORT THE FARMING OPERATIONS. ACCESS IS PROVIDED THROUGH MULTIPLE ROAD ENTRANCES ALONG LETTEAU AVENUE AND THE HOMES THAT CAN BE REACHED BY DRIVING OVER IMPROVED BRIDGES THAT BISECT THE TURLOCK IRRIGATION DISTRICT ABOVE GROUND LATERAL.
AS LONG AS AS WELL AS OTHER SEVERAL EASEMENTS ON THE PROPERTY.
THE PROJECT SITE AND SURROUNDING AREAS, GENERALLY FLAT AND TOPOGRAPHY, AND CHARACTERIZED BY AGRICULTURAL LAND USES SUCH AS DISPERSED RURAL RESIDENCES AND ORCHARDS. MOVING FORWARD, WE HAVE THE TENTATIVE MAP, TENTATIVE PARCEL MAP, WHICH DISPLAYS THE TWO PROPOSED PARCELS.
[00:25:08]
PARCEL ONE WOULD MAINTAIN THE HOME SITE AND ADDITIONAL RESIDENTS WITH AS MENTIONED, WITH THE SEPTIC SYSTEMS AND PRIVATE DOMESTIC WELLS AND THE RESIDENTIAL ACCESSORY BUILDINGS. PARCEL ONE WOULD MAINTAIN A PORTION OF ONE OF THE TID ABOVE GROUND LATERALS.PARCEL ONE WOULD ALSO CONTINUE TO HAVE ACCESS TO LETTEAU AVENUE, WHILE THE HOMESTEAD CAN BE REACHED BY CROSSING OVER THOSE IMPROVED BRIDGES THAT ENCROACH OVER THAT TID LATERAL. PARCEL TWO WOULD MAINTAIN MOST OF THE ORCHARD, FARMLAND AND ASSOCIATED AGRICULTURAL IRRIGATION FACILITIES, AND MAINTAIN PORTIONS OF THE OTHER TID. ACTUALLY, BOTH OF THOSE TID LATERALS PARCEL TWO, WOULD CONTINUE TO HAVE ACCESS TO LATU AVENUE AS WELL. A THING TO NOTE HERE IS THAT PARCEL ONE WOULD NOT MEET THE 200 FOOT AGRICULTURAL BUFFER, WHICH REQUIRES A MINIMUM OF 200FT FROM ANY EXISTING HABITABLE STRUCTURES TO ANY ABUTTING PARCELS USED FOR AGRICULTURAL PRODUCTION.
THIS POLICY IS OUTLINED IN SECTION 18.10.030, THE MERCED COUNTY ZONING CODE WHICH MINIMIZES THE POTENTIAL IMPACTS OF AGRICULTURAL LAND AND FARMING POTENTIAL IMPACTS ON AGRICULTURAL LAND AND FARMING MAY HAVE ON ANY NEARBY OR PROPOSED RESIDENCES.
WE WILL DISCUSS THESE VARIANCE FINDINGS FURTHER INTO THE PRESENTATION.
AS YOU GUYS CAN SEE, THE EAST OF THE PRIMARY RESIDENCE, YOU CAN SEE THE INDICATED IRRIGATION PIPELINE IN QUESTION THAT THE APPLICANT HOPES TO MINIMIZE THE SEGMENTATION FOR. THE PIPELINE CAN BE FOUND RUNNING FROM THE TID LATERAL NUMBER SIX, AS INDICATED ON THE PARCEL MAP. THAT RUNS TOWARDS ALL THE WAY OVER TO AN IRRIGATION FILTRATION SYSTEM.
THE PROJECT IS FOUND CONSISTENT WITH THE APPLICABLE GENERAL PFOUND, CONSISTENT WITH THE APPLICABLE PROVISIONS OF THE SUBDIVISION MAP ACT IN TITLE 17 AND IN COMPLIANCE WITH A-G DASH 3.12.
CONTINUING WITH CONSISTENCIES, THE PROJECT IS FOUND INCONSISTENT WITH THE MERCED COUNTY ZONING CODE SECTION 1810.0.40 M, SECTION M AND THEN SUBSECTION ONE, BUT NOT MEETING THAT 200 FOOT MINIMUM AGRICULTURAL BUFFER. AS MENTIONED, THE APPLICANT IS SEEKING TO VARY FROM THIS REQUIREMENT BY REQUESTING TO REDUCE THE BUFFER FROM 200FT TO 90FT.
BESIDES THIS EXCEPTION, THE PROJECT IS FOUND CONSISTENT WITH THE COUNTY ZONING CODE SECTION 18.10.030, WHERE A HOME SITE PARCEL MAY BE SECTIONED OFF AND EXEMPT FROM THE MINIMUM PARCEL SIZE REQUIREMENTS BY SATISFYING THE FOLLOWING REQUIREMENTS.
THE PORTION OF THE PARCEL WHICH DOES NOT CONTAIN A HOME SITE MEETS THE MINIMUM PARCEL SIZE REQUIREMENTS, OR IS COMBINED WITH A PARCEL TO CREATE A PARCEL WHICH MEETS THE MINIMUM PARCEL SIZE REQUIREMENTS. THE PARCEL WITH THE HOME SITE IS NOT LESS THAN ONE ACRE AND NOT MORE THAN FIVE ACRES IN SIZE, AND AT THE PROPERTY OWNERS MUST HAVE AT THE RESIDENCE FOR AT LEAST TEN YEARS.
MOVING FORWARD, THIS IS WHERE WE'RE GOING TO START TALKING ABOUT THOSE VARIANCE FINDINGS THAT THE APPLICANT MUST MAKE FOR, FOR THE FOR THE VARIANCE, THEY'RE AS FOLLOWS.
THE FIRST ONE IS THAT THERE IS NO SPECIAL CIRCUMSTANCES OR THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS APPLICABLE TO THE SUBJECT PROPERTY FOR EXAMPLE, LOCATION, SHAPE, SIZE, SURROUNDING TOPOGRAPHY, OR OTHER PHYSICAL FEATURES THAT DID NOT APPLY GENERALLY TO OTHER PROPERTIES IN THE VICINITY UNDER IDENTICAL ZONING CLASSIFICATION.
THE ONSITE AGRICULTURAL USES HAVE EXISTING IRRIGATION PIPELINES THAT UTILIZE THESE WATER SOURCES.
FULL COMPLIANCE HERE WITH THAT 200 FOOT AGRICULTURAL BUFFER WOULD RESULT IN THE SEPARATION OF THE ONSITE ORCHARD, FARMLAND AND IRRIGATION PIPELINE. IN THIS CASE, THE PROJECT PROPOSES TO PROVIDE THE BEST AVAILABLE AGRICULTURAL BUFFER TO AVOID CONFLICT BETWEEN THAT IRRIGATION PIPELINE AND THOSE PROPOSED PROPERTY LINES. TWO, STRICT COMPLIANCE WITH THE ZONING CODE REQUIREMENTS WOULD DEPRIVE THE SUBJECT PROPERTY OF PRIVILEGES ENJOYED BY OTHER PROPERTIES IN THE VICINITY AND UNDER IDENTICAL ZONING CLASSIFICATION.
[00:30:07]
IRRIGATION FACILITIES ON THE PROPERTY. NUMBER THREE, APPROVING THE VARIANCE MINORS OR MINOR DEVIATION WOULD NOT CONSTITUTE A GRANT OF SPECIAL PRIVILEGE INCONSISTENT WITH THE LIMITATIONS ON OTHER PROPERTIES IN THE SAME VICINITY WITH AND ZONE IN WHICH THE SUBJECT PROPERTY IS SITUATED.APPROVAL OF THIS ZONE VARIANCE WILL NOT CONSTITUTE A GRANT OF SPECIAL PRIVILEGE, AND CONSISTENT WITH THE LIMITATIONS ON OTHER PROPERTIES IN THE SAME VICINITY AND ZONE, AS A REDUCTION OF THE 200 FOOT BUFFER WOULD AVOID CONFLICT BETWEEN THESE EXISTING EXISTING IRRIGATION PIPELINES AND PROPOSED PROPERTY LINES OF THE PROPERTY, AND FUTURE RESIDENTIAL DEVELOPMENT MUST STILL COMPLY WITH ALL OTHER APPLICABLE PROVISIONS OF OUR ZONING CODE.
LAST BUT NOT LEAST, NUMBER FOUR, THE REQUESTED VARIANCE OR MINOR DEVIATION WOULD NOT ALLOW A USE OR ACTIVITY THAT IS NOT OTHERWISE EXPRESSLY AUTHORIZED BY THE REGULATIONS GOVERNING THE SUBJECT PARCEL. THE REQUESTED VARIANCE WOULD NOT ALLOW A USE OR ACTIVITY THAT IS NOT OTHERWISE AUTHORIZED BY THE REGULATIONS GOVERNING THE SUBJECT PARCEL, AS ALL APPLICABLE ZONING AND PERMITTING REQUIREMENTS STILL APPLY TO THE SUBJECT PROPERTY MOVING FORWARD TO ENVIRONMENTAL REVIEW.
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 POTENTIAL IMPACTS FROM SUBDIVISIONS LOCATED IN AGRICULTURAL AREAS OF THE COUNTY.
MOVING FORWARD TO PUBLIC COMMENTS, 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 JANUARY 15TH, 2026. STAFF DID NOT RECEIVE ANY COMMENTS.
MOVING ON. STAFF HAS TWO RECOMMENDATIONS. FIRST ONE IS TO DETERMINE NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 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.
NEXT ONE IS TO APPROVE ZONING VARIANCE ZV25-002/ MINOR SUBDIVISION MS25-015 BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL. STAFF CONCLUDES STAFF'S PRESENTATION.
I'M AVAILABLE FOR QUESTIONS. ANY QUESTIONS FOR STAFF? I KNOW I HAD A QUICK QUESTION. GOING BACK TO THE BUFFER THEY'RE WANTING TO REDUCE IT FROM 200 TO 90. ISN'T THERE SOMETHING IN OUR ORDINANCE THAT THAT DOESN'T ALLOW THAT AT THIS POINT, OR AM I WRONG ABOUT THAT PART? TO MY KNOWLEDGE, AS LONG AS THEY APPLY FOR A VARIANCE THEY CAN VARY FROM THAT REQUIREMENT.
THERE'S A DEVIATION THAT ONLY RESTRICTS THEM TO 15% OF THAT SETBACK.
D SORRY. WE'VE HAD THIS DISCUSSION BEFORE WITH COUNCIL, AND WE TALKED ABOUT THIS 200 FOOT SEPARATION. I JUST WANT TO MAKE SURE I'M CLEAR.
WE CAN'T DEVIATE FROM THAT UP TO 15%. IS THAT WHAT I JUST HEARD? SO SO CLARIFICATION IS THESE ARE THE 200 FOOT BUFFER IS A REQUIREMENT BY OUR ZONING CODE.
HOWEVER, ONE CAN APPLY FOR A DEVIATION OR VARIANCE FROM THE CODE STANDARD.
IF AND, THEN THEY MUST MAKE THE FINDINGS AS PRESENTED TODAY, THAT THERE ARE SPECIAL CIRCUMSTANCES THAT ARE PHYSICAL IN NATURE AND THAT YOU'RE NOT GRANTING ANY OTHER SPECIAL PRIVILEGE BECAUSE OF THESE, THESE LIMITATIONS.
AND IN THIS CASE, IT'S AN IRRIGATION PIPE, ETC..
IS THAT WHAT I HEARD? CORRECT. ANY OTHER QUESTIONS? OKAY. SO CAN I OPEN UP THE PUBLIC HEARING IF ANYBODY WOULD LIKE TO SPEAK ON THIS.
YOU STEP FORWARD, STATE YOUR NAME AND YOUR ADDRESS, AND YOU HAVE THREE MINUTES. [INAUDIBLE] I'M HERE.
THE HOUSE SITS RIGHT HERE. THERE'S A PRIVATE PIPELINE, SITS RIGHT HERE.
IT'S WITHIN THAT 200 FOOT. IF IT WAS SEPARATED OFF THE OTHER, WHOEVER
[00:35:11]
WAS TO EVENTUALLY PURCHASE THAT PROPERTY WOULD HAVE TO HAVE AN EASEMENT TO INCLUDE THAT PIPELINE.SO IT SERVES NO PURPOSE AT BEING 200FT. THAT'S THAT'S BASICALLY THE REASON FOR THE VARIANCE.
AND WE LOOKED OUT THERE. I'VE BEEN FARMING THAT GROUND.
SO. THANK YOU. ANYBODY ELSE OKAY. SEEING NONE I WILL CLOSE THE PUBLIC HEARING.
CAN WE GET A MOTION? CEQA [INAUDIBLE] MOTION? SURE. I'LL MAKE THAT MOTION, MR. CHAIR, AND THAT TO DETERMINE NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162, SUBSEQUENT EIRS AND NEGATIVE DECKS OF THE CEQA GUIDELINES BASED ON THE ANALYSIS OF THE 2030 MERCED COUNTY GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT AND THE ATTACHED SEQUA GUIDELINES, SECTION 15162 FINDINGS AND ANALYSIS.
SECOND? SECOND. SECOND. AND ALL IN FAVOR? ANY OPPOSED? SO MOVED. ON TO THE PROJECT DETERMINATION MOTION, PLEASE.
I'LL MAKE THAT MOTION TO APPROVE ZONING VARIANCE NUMBERS ZV25-002 MINOR SUBDIVISION NUMBER MS 25-015 BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.
SECOND. SO, GOT A SECOND. ALL IN FAVOR? AYE. ANY OPPOSED? SO MOVED. BEFORE WE MOVE ON TO THE ITEM, MS25-07.
BASED ON THE IMPORTANCE OF THIS PROJECT AND THE PUBLIC INPUT AND THE ABSENCE OF TWO OF OUR COMMISSIONERS, I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE THIS PRESENTATION.
APPROVAL OR DISAPPROVAL TO OUR FEBRUARY 11TH MEETING.
ANY DISCUSSIONS FROM COMMISSIONERS? YOU KNOW, AT RISK OF SAYING THIS, I'VE KNOWN THE HIGH MILLERS.
SOME OF THE FOLKS THAT HAVE WRITTEN THESE LETTERS FOR FOR YEARS.
AND I THINK IT WOULD BE WISE FOR US TO HAVE EVERYONE HERE SO WE CAN HEAR FROM THE PUBLIC TO HEAR WHAT THEY HAVE TO SAY, WHY THEY'RE OPPOSED, OR WHY THEY'RE FOR THE PROJECT.
I THINK IT'S IMPORTANT FOR HAVING THE ENTIRE BODY HERE.
IT'S MY VIEW. SO CAN I GET A SECOND ON THAT MOTION? I'LL SECOND THAT SECOND. ALL THOSE IN FAVOR? AYE.
ANY OPPOSED? OKAY. SO MOVED. WE GOT TO RUN THE PRESENTATION OR.
NO. NO. OKAY. WE DON'T HAVE TO.
POSTPONE IT TO FEBRUARY 11TH MEETING 9:00.
COMMISSIONER COMMENTS. DIRECTOR'S COMMENTS. NO.
OKAY. AT THIS TIME, I WILL ADJOURN THE MEETING. THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.