[00:00:04]
GOOD MORNING AND WELCOME TO THE PLANNING COMMISSION MEETING.
[1. CALL TO ORDER]
I WOULD LIKE TO CALL THIS MEETING TO ORDER. WOULD EVERYONE PLEASE JOIN ME FOR 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.
ALRIGHT. THANK YOU. ROLL CALL OF COMMISSIONERS, PLEASE.
COMMISSIONER JAWAD. HERE. VICE CHAIRMAN TATUM.
CHAIRMAN RAMIREZ. HERE. AND COMMISSIONER SPYCHER AND COMMISSIONER ERRECA DID EXCUSE HIMSELF.
AND, MISTER CHAIR, YOU HAVE A QUORUM. THANK YOU VERY MUCH. TO APPROVAL THE MINUTES.
[4. APPROVAL OF MINUTES]
AT THIS TIME, I'D LIKE TO OPEN UP THE FLOOR. IF ANYBODY HAS ANY COMMENTS ON THE MINUTES OF OUR MEETING, LAST MEETING? OPEN FOR ANY COMMUNICATION? NONE.SO CLOSED. WE'LL MOVE ON TO, CITIZENS COMMUNICATION.
OH. I'M SORRY. MOTION TO APPROVE THE MINUTES.
SECOND. MOTION AND A SECOND. SO PASSED. ALL THOSE IN FAVOR? AYE. OKAY. SO MOVED. OKAY, WE MOVE ON TO CITIZENS COMMUNICATION TO OPEN UP CITIZENS COMMUNICATION.
STEP FORWARD. STATE YOUR NAME AND YOUR ADDRESS, PLEASE.
SEEING NONE, I WILL CLOSE THE CITIZENS COMMUNICATION AND MOVE ON TO THE PUBLIC HEARING.
[6. PUBLIC HEARING(S)]
OUR FIRST ITEM IS A USE PERMIT NUMBER CUP21-009.THE REQUEST IS A CONDITIONAL USE PERMIT FOR A DAIRY EXPANSION TO INCREASE THE HERD SIZE TO 6075 ANIMALS, INCLUDING 3000 MILK COWS, 390 DRY COWS AND 2685 SUPPORT STOCK.
THE EXPANSION WOULD INCLUDE THE CONSTRUCTION OF A NUMBER OF SUPPORT BUILDINGS AND FEATURES AT THE DAIRY FACILITY, INCLUDING FREE STALL BARNS, LOAFING BARNS AND MILKING PARLOR, MANURE DRYING AREA, FEED STORAGE AREA, MANURE, WEEPING WALLS.
IT WOULD ALSO INVOLVE THE INSTALLATION OF A NEW REPLACEMENT WELL TO REPLACE AN OLD EXISTING WELL ON THE DAIRY PARCEL AND THE CONVERSION OF APPROXIMATELY 11.4 ACRES OF CROPLAND. WITH THIS EXPANDED FACILITY, THE PROJECT ANTICIPATES INCREASING EMPLOYMENT FROM 8 TO 10 EMPLOYEES AND INCREASING THE DAILY TRIPS BY 10.4 TO A TOTAL OF 36.1 DAILY TRIPS, ALSO ACCOUNTING FOR 14.6 HEAVY TRUCK TRIPS.
THIS SLIDE SHOWS THE PROJECT SITE HIGHLIGHTED IN RED WITH THE VICINITY TO HIGHLIGHT THAT THE PROJECT SITE IS LOCATED IN AN AGRICULTURAL AREA SURROUNDED BY AGRICULTURAL FIELDS, SCATTERED RURAL RESIDENCES, AND ADDITIONAL DAIRIES.
THE RED HIGHLIGHTED HIGHLIGHTED AREAS ARE WHERE THE ACTUAL IMPROVEMENTS TO THE SITE WILL BE MADE.
THIS SLIDE SHOWS BOTH THE NORTH AND SOUTH FACILITIES OF THE PROJECT SITE.
THE SOUTH FACILITY IS MADE UP OF EXISTING CORRALS.
THIS SLIDE SHOWS THE PROPOSED SITE PLAN FOR THE NORTH DAIRY FACILITY, WHICH WOULD INCLUDE FREESTYLE BARNS, MILKING PARLORS, LOAFING BARN, SOLID MANURE, WEEPING WALL AND THE PROPOSED WELL, WITH AN AERIAL SHOWN AS REFERENCE.
THIS SLIDE SHOWS THE PROPOSED SITE PLAN FOR THE SOUTH DAIRY FACILITY, WHICH WOULD INCLUDE A FREESTYLE BARN AND A LOAFING BARN, AGAIN WITH AN AERIAL PROVIDED AS REFERENCE. AGAIN, FOR THE RECORD, THE DARKER SHADED AREAS ARE WHERE THE IMPROVEMENTS ARE BEING PROPOSED.
MOVING FORWARD, THE PROJECT SITE IS DESIGNATED AGRICULTURAL LAND USE IN THE GENERAL PLAN.
WHEN IT COMES TO EXPANDING AGRICULTURAL OPERATIONS IN THE COUNTY, STAFF ALSO INCLUDED OTHER GOALS AND POLICIES AS IT RELATES TO WATER AND AIR QUALITY, AND HAS FOUND THE PROJECT CONSISTENT WITH THESE GOALS AND POLICIES, MAKING SURE THAT WE EVALUATE CUMULATIVE IMPACTS AND INCLUDE ROBUST MITIGATION MEASURES
[00:05:02]
WITHIN OUR DEVELOPMENT REVIEW PROCESS AND OUR ENVIRONMENTAL REVIEW PROCESS.THE PROJECT SITE IS ZONED A-1 GENERAL AGRICULTURE.
THE PROJECT IS GOVERNED BY THE ANIMAL CONFINEMENTS ORDINANCE. ORDINANCE.
THIS PROJECT CANNOT BE PROCESSED AS A MINOR MODIFICATION BECAUSE OF THE SCALE OF THE PROJECT.
THEREFORE, IT IS BEING PROCESSED AS A BRAND NEW CONDITIONAL USE PERMIT.
THE PROJECT IS CLASSIFIED AS AN EXPANSION BECAUSE IT IS AN INCREASE IN HERD SIZE.
THE PROJECT WAS EVALUATED WITH AN ENVIRONMENTAL IMPACT REPORT, AND IT WAS KICKED OFF WITH A NOTICE OF PREPARATION THAT WAS CIRCULATED TO THE PUBLIC ON DECEMBER 14TH, 2023 FOR A 30 DAY PUBLIC REVIEW PERIOD.
THAT WAS CIRCULATED ON NOVEMBER 21ST, 2025 FOR A 45 DAY PUBLIC REVIEW PERIOD.
ALL NOTICES WERE POSTED ON THE COUNTY WEBSITE, WITH THE COUNTY CLERK AND STATE CLEARINGHOUSE MAILED TO PROPERTY OWNERS WITHIN 300FT OF THE PROJECT SITE AND SENT TO INTERESTED PARTIES.
ONCE WE RECEIVE COMMENTS ON THOSE PROJECTS, A FINAL ENVIRONMENTAL IMPACT REPORT WAS PREPARED AND SENT OUT TO THOSE COMMENTERS, ALONG WITH THE NOTICE OF THIS PUBLIC HEARING ON MAY 29TH, 2026.
THE DRAFT ENVIRONMENTAL IMPACT REPORT DID FIND THAT THERE WAS 19 POTENTIALLY SIGNIFICANT IMPACTS FOR THE PROPOSED PROJECTS, WITH THE MITIGATION MEASURES INCORPORATED AS PART OF THE MITIGATION, MONITORING AND REPORTING PROGRAM.
12 IMPACTS WERE REDUCED TO LESS THAN SIGNIFICANT LEVEL.
WITH THE MITIGATION MEASURES INTACT. THERE WERE SEVEN SIGNIFICANT AND UNAVOIDABLE IMPACTS RELATED TO AIR QUALITY, GREENHOUSE GAS, WATER QUALITY, AND CUMULATIVE IMPACTS RELATED TO THOSE IMPACTS ABOVE.
THE REASON WHY THEY WERE FOUND UNAVOIDABLE WAS BECAUSE THE MITIGATIONS WE IDENTIFIED WERE REALLY VOLUNTARY IN NATURE, OR WERE BEYOND THE CONTROL OF THE COUNTY TO IMPLEMENT.
WHEN A SIGNIFICANT AND UNAVOIDABLE IMPACT IS IDENTIFIED, THE LOCAL AGENCY IN THIS CASE MERCED COUNTY, MAY APPROVE A PROJECT AS LONG AS WE FIND THAT THE BENEFITS OF THE PROJECT OUTWEIGH THE IMPACTS.
AS A REMINDER TO THE COMMISSIONERS AND THE PUBLIC, THE PURPOSE OF CEQA IS TO INFORM DECISION MAKERS, IDENTIFY WAYS THOSE IMPACTS CAN BE AVOIDED OR SIGNIFICANTLY REDUCED, OR PREVENT SIGNIFICANT AND AVOIDABLE IMPACTS WITH ADOPTION OF THESE MITIGATION MEASURES, AND THEN DISCLOSE TO THE PUBLIC WHY A PROJECT IS BEING APPROVED IF THERE ARE SIGNIFICANT AND UNAVOIDABLE IMPACTS.
TO SUM IT UP, THE PRESERVATION OF SUSTAINABLE AGRICULTURE IN THE COUNTY, PRESERVATION OF OPEN SPACE AREA AND CONVERSION FROM NONAGRICULTURAL DEVELOPMENT, PROMOTING ECONOMIC DEVELOPMENT IN THE COUNTY AND CONSISTENCY WITH OUR GENERAL PLAN POLICIES AND OUR RIGHT TO FARM ORDINANCE.
THE PROJECT WAS SCHEDULED TO BE CONSIDERED AT A REGULAR PUBLIC HEARING ON MAY 27TH, 2026.
IN ADDITION TO THE COMMENT PERIOD NOTICE, THE PUBLIC HEARING WAS PUBLISHED ON THE WESTSIDE EXPRESS ON MAY 13TH, 2026, PUBLISHED IN THE MERCED COUNTY TIMES AND MAILED TO ALL PROPERTY OWNERS OF RECORD WITHIN 300FT OF THE PROJECT SITE ON MAY 14TH, 2026. NO ADDITIONAL NOTICE WAS REQUIRED PURSUANT TO MERCED COUNTY ZONING CODE, SECTION 18.146.040.
THIS LETTER HAS BEEN PROVIDED TO THE COMMISSION. THE LETTER INDICATED THAT THE NOTICE WAS NOT THAT NOTICE OF THE PROJECT WAS NOT SENT TO THEIR DISTRICT AS PART OF THE REFERRAL PROCESS AND SUGGESTED ADDING TO MITIGATION MEASURE BIO-7 TO HAVE THE LIGHTING PLAN REQUIRED BE MADE AVAILABLE TO THE GRASSLAND RESOURCES REGIONAL WORKING GROUP. IN RESPONSE TO THOSE TO THE COMMENT LETTER STAFF DID REVIEW RECORDS AND FOUND THAT NOTICE WAS SENT TO THE GRASSLAND WATER DISTRICT ON JANUARY 16TH, 2024 AS PART OF THE ENVIRONMENTAL REVIEW PROCESS, AND NO COMMENTS WERE RECEIVED.
ADDITIONALLY, STAFF HAS ACCEPTED THEIR ADDITION TO BIO-7 AND THAT CHANGE HAS BEEN UPDATED IN THE MITIGATION, MONITORING AND REPORTING PROGRAM, WHICH HAS BEEN PROVIDED TO THE COMMISSION.
MOVING FORWARD, GIVEN ALL THE INFORMATION PROVIDED TODAY, STAFF HAS TWO RECOMMENDATIONS.
CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPT THE CEQA FINDINGS OF FACT, THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE REVISED MITIGATION, MONITORING AND REPORTING PROGRAM AND APPROVE CONDITIONAL USE PERMIT NUMBER 21-009 BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE REVISED RECOMMENDATION.
RECOMMENDED CONDITIONS OF APPROVAL. THIS CONCLUDES STAFFS PRESENTATION.
[00:10:01]
THANK YOU ANNA. THE COMMISSIONERS HAVE ANY QUESTIONS FOR ANNA? I HAD A QUICK QUESTION. SO THE THE STRUCTURES ARE GOING TO BE ADDED TO THE PROJECT.THOSE WILL BE INDIVIDUALLY REVIEWED BY THE STAFF.
YES. THANK YOU. OKAY. WE'LL MOVE ON TO THE OPEN THE PUBLIC HEARING.
OKAY. SEEING NONE, I WILL CLOSE THE PUBLIC HEARING AND MOVE ON TO THE MOTIONS.
A MOTION CERTIFIED THE FINAL ENVIRONMENTAL IMPACT REPORT FEIR SCH#2024010339, AND ADOPT THE CEQA FINDINGS OF FACT, THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE REVISED MITIGATION, MONITORING AND REPORTING PROGRAM.
MMRP. MOTION. SECOND. SECOND. MOTION AND SECOND.
ALL THOSE IN FAVOR? AYE. ANY OPPOSED? MOTION MOVED.
I'LL MOVE ON TO THE PROJECT DETERMINATION MOTION.
I WILL MOTION TO APPROVE CONDITIONAL USE PERMIT NUMBER CUP21-009 BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE REVISED RECOMMENDED CONDITIONS OF APPROVAL. SECOND. SECOND. A MOTION AND A SECOND.
ALL THOSE IN FAVOR? AYE. ANY OPPOSED? MOTION MOVED.
MOVING ON TO OUR NEXT ITEM. MS25-020.
THANK YOU CHAIRMAN. MY NAME IS RICARDO MERCADO AND I'M THE PROJECT PLANNER FOR THE PROJECT.
BEFORE YOU MINOR SUBDIVISION NUMBER MS 25-020 FOR THE APPLICANT, JORGE GARCIA.
PARCEL ONE WOULD EQUAL APPROXIMATELY 1.26 ACRES AND PARCEL TWO WOULD APPROXIMATELY EQUAL 1.72 ACRES.
HERE WE HAVE A VICINITY OF THE PROJECT SITE. THE PROJECT SITE IS OUTLINED IN RED AND CONSISTS OF ONE SINGLE PARCEL, APPROXIMATELY 2.9 ACRES, LOCATED ON THE WEST SIDE OF STEPHEN STREET, APPROXIMATELY A THIRD OF A MILE NORTH OF AUGUST AVENUE IN THE DELHI AREA.
HERE WE HAVE THE TENTATIVE MAP THAT WAS SUBMITTED WHICH DISPLAYS BOTH PARCELS.
THE PROJECT SITE IS ALSO WITHIN THE SERVICE AREA OF THE DELHI COUNTY WATER DISTRICT, BUT THE PART OF THE CURRENT PARCEL IS CURRENTLY DEVELOPED WITH DOMESTIC WELLS AND SEPTIC SYSTEMS. THERE IS A LETTER FROM THE COUNTY WATER DISTRICT AND OR MERCED COUNTY DIVISION OF ENVIRONMENTAL HEALTH TO INDICATE THAT AT THE TIME, THE EXISTING WELL AND SEPTIC SYSTEMS FAIL ON PROPOSED PARCEL ONE, THE PROPERTY OWNER WILL BE REQUIRED TO CONNECT TO THE SERVICE DISTRICT FOR WATER AND WASTEWATER SERVICES. ADDITIONALLY, PROPOSED PARCEL TWO CURRENTLY HAS A WILL SERVE LETTER FROM THE FOR CONNECTIONS TO THE PROPOSED DISTRICT.
THE PROJECT IS ALSO CONSISTENT WITH THE APPLICABLE PROVISIONS OF THE MERCED COUNTY CODE, TITLE 17 AND TITLE 18, AS WELL AS THE SUBDIVISION MAP ACT. STAFF HAS ALSO FOUND THAT THE PROJECT CAN BE FOUND CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15315 MINOR LAND DIVISIONS OF THE CEQA GUIDELINES.
STAFF RECEIVED NO COMMENTS. STAFF HAS TWO RECOMMENDATIONS FOR THE PROJECT.
[00:15:01]
THE FIRST ONE IS TO DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW. PURSUANT TO SECTION 15315 MINOR LAND DIVISIONS OF THE CEQA GUIDELINES AND TO APPROVE MINOR SUBDIVISION MS25-020 BASED ON THE FINDINGS AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.THIS NOW CONCLUDES STAFF'S PRESENTATION. I'M AVAILABLE FOR QUESTIONS. ANY QUESTIONS FROM THE COMMISSIONERS? HAVING NONE, I'LL OPEN UP THE PUBLIC HEARING NOW.
ANYBODY WOULD LIKE TO SPEAK ON THIS ITEM. PLEASE STEP FORWARD.
I'LL MAKE THE MOTION, IF YOU DON'T MIND. I'LL MAKE THE MOTION TO DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15315 MINOR LAND SUBDIVISIONS OF THE CEQA GUIDELINES.
I'LL SECOND. MOTION AND A SECOND. ALL THOSE IN FAVOR? AYE. ANY OPPOSED? SO MOVED. I'M MOVING ON TO PROJECT DETERMINATION MOTION.
I'LL MAKE THE MOTION THAT WE APPROVE MINOR SUBDIVISION NUMBER. PARDON ME MS25-020 BASED ON THE FINDINGS AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL. SECOND. SECOND. MOTION AND A SECOND.
ALL THOSE IN FAVOR? AYE. ANY OPPOSED? SO MOVED.
AND MY APOLOGIES TO RICARDO. I SKIPPED OVER THE ITEM MLD.
ZV26-002 THREW YOU A CURVE THERE, BUDDY. I'M SORRY ABOUT THAT.
SO NOW WE'LL MOVE ON TO THAT. YOU'RE ON AGAIN, BUDDY.
NO WORRIES. THANK YOU CHAIRMAN. AGAIN, FOR THE RECORD, MY NAME IS RICARDO MERCADO AND I'M ALSO THE PROJECT PLANNER FOR THIS PROJECT BEFORE YOU, ZONING VARIANCE NUMBER ZV25-020 FOR THE APPLICANT SERGIO OLIDE.
THE PROJECT IS A REQUEST TO REDUCE THE 50 FOOT FRONT PROPERTY LINE SETBACK TO 16FT FOR AN EXISTING SINGLE FAMILY DWELLING, IN ORDER TO KEEP MINOR STRUCTURAL ADDITIONS THAT TOTAL LESS THAN 200FT² ON THE PRIMARY RESIDENCE.
HERE WE HAVE A VICINITY OF THE PROJECT SITE. THE PROJECT SITE IS OUTLINED IN RED AND CONSISTS OF ONE LEGAL PARCEL, APPROXIMATELY 3.64 ACRES INSIDE IN SIZE. LOCATED ON THE WEST SIDE OF PETALUMA AVENUE, 750FT NORTH OF SECOND AVENUE IN THE AREA. THE SITE CONSISTS OF FIVE SINGLE FAMILY DWELLINGS AND SEVERAL ACCESSORY STRUCTURES THAT ARE IN VIOLATION OF COUNTY CODE. THE PROPERTY OWNER IS WORKING TO BRING THE ENTIRE PROPERTY INTO COMPLIANCE WITH COUNTY CODE, STARTING WITH THIS VARIANCE APPLICATION FOR THE FRONT SETBACK. JUST AS ADDITIONAL INFORMATION, THE PROPERTY OWNER WILL LATER SEEK TO SUBDIVIDE AS WELL THE PROPERTY INTO TWO SEPARATE PARCELS, EACH CONTAINING A SINGLE FAMILY RESIDENCE, AND TO DEMOLISH AND RETROFIT ALL OF THE STRUCTURES THAT ARE DETERMINED TO BE IN VIOLATION OF THE RURAL RESIDENTIAL ZONE DEVELOPMENT AND DESIGN STANDARDS. WASTE WATER IS MANAGED BY ON SITE SEPTIC SYSTEMS, AND WATER IS PROVIDED BY DOMESTIC WELLS, WHILE ACCESS IS PROVIDED BY FULL ACCESS DRIVEWAY ONTO PETALUMA AVENUE.
THE PROJECT SITE AND THE SURROUNDING AREA IS GENERALLY FLAT AND TOPOGRAPHY, AND IS CHARACTERIZED BY AGRICULTURAL, RESIDENTIAL LAND USES AND DISPERSED RURAL RESIDENCES.
IN THIS SLIDE, WE HAVE A SIDE BY SIDE COMPARISON OF THE PRIMARY RESIDENCE FROM THE YEAR 2014 AND A CURRENT AERIAL OF THE PROPERTY. THE STRUCTURAL ADDITIONS AND QUESTIONS ARE OUTLINED IN RED ON THE CURRENT AERIAL VIEW, WHICH CONSISTS OF TWO PORCH ADDITIONS. THERE ARE DEVELOPED WITHIN THE FOOTPRINT.
THEY ARE DEVELOPED WITHIN THE FOOTPRINT OF THE PRIMARY RESIDENCE, BUT THEY ARE ENCROACHING INTO THE FRONT PROPERTY LINE SETBACK. MOVING FORWARD, WE HAVE THE SUBMITTED SITE PLAN, WHICH DISPLAYS THE ENTIRE PARCEL AND ALL EXISTING STRUCTURES IN RELATION TO THE PARCELS BOUNDARIES.
IN THIS SLIDE, WE HAVE A CLOSER VIEW OF THE PRIMARY RESIDENCE IN RELATION TO THE FRONT PROPERTY LINE SETBACK AND ITS EXISTING DEVELOPMENT AREA, WHICH IS INDICATED TO BE 16FT AWAY FROM THE FRONT PROPERTY LINE.
[00:20:05]
THE PROJECT IS FOUND TO BE CONSISTENT WITH THE APPLICABLE GOALS AND POLICIES OF THE MERCED COUNTY GENERAL PLAN AT THE COMMUNITY PLAN THAT RELATES TO GROWTH, CHARACTER AND DEVELOPMENT WITHIN THE URBAN COMMUNITY.ADDITIONALLY, THE PROJECT WOULD MEET ALL OF THE DEVELOPMENT STANDARDS OF THE RR RURAL RESIDENTIAL ZONING DISTRICT, SUCH AS HIGH INTERIOR, SIDE INTERIOR AND REAR SETBACKS, AND MAXIMUM STRUCTURE COVERAGE.
IN THIS CASE, THE PRIMARY RESIDENCE WOULD NOT BE CONSISTENT WITH CHAPTER 18.9 FOR NON-CONFORMING STRUCTURES OF THE MERCED COUNTY ZONING CODE WERE ADDITIONS MADE TO ILLEGAL NON-CONFORMING STRUCTURE MUST FOLLOW CURRENT ZONING CODE DEVELOPMENT STANDARDS, WHICH IS WHY, IN THIS CASE, THE PROPERTY OWNER IS SEEKING TO GET THIS VARIANCE APPLICATION. MOVING FORWARD, WE REACHED THE REQUIRED FINDINGS THAT THIS VARIANCE MUST MAKE.
THEY ARE AS FOLLOWS. NUMBER ONE, THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS APPLICABLE TO THE SUBJECT PROPERTY SUCH AS LOCATION, SHAPE, SIZE, SURROUNDING TOPOGRAPHY, AND OTHER PHYSICAL FEATURES THAT DID NOT GENERALLY APPLY TO OTHER PROPERTIES IN THE VICINITY UNDER AN IDENTICAL ZONING CLASSIFICATION. THIS PROJECT HAS DEVELOPMENT THAT OCCURRED DURING A PERIOD OF TIME WHERE THE COUNTY ZONING, CODE DEVELOPMENT AND DESIGN STANDARDS WERE NOT IN PLACE.
ADDITIONALLY, THE EXISTING WELL SEPTIC SYSTEM AND REPLACEMENT AREA FOR THE LEACH LINES OCCUPY A MAJORITY OF THE REAR PARCEL AND THE ONLY FEASIBLE LOCATION FOR ANY FUTURE LEACH REPLACEMENT AREAS WOULD BE WEST OR SOUTH OF THE RESIDENCE.
NUMBER TWO, STRICT COMPLIANCE WITH THE ZONING CODE REQUIREMENTS WOULD DEPRIVE THE SUBJECT PROPERTY OF PRIVILEGES ENJOYED BY THE OTHER PROPERTIES IN THE VICINITY UNDER AN IDENTICAL ZONING CLASSIFICATION. IN THIS CASE, STRICT COMPLIANCE WITH THE ZONING CODE WOULD LEAVE THE APPLICANT WITH THE INABILITY TO MAKE ANY OTHER ALTERATIONS OR ADDITIONS WITHIN THE EXISTING FOOTPRINT OF THE RESIDENCE, WHICH AGAIN, THE RESIDENCE PREDATES ANY ZONING ORDINANCES OR THE DEVELOPMENT STANDARDS.
SIMILARLY, AERIAL IMAGERY AND GIS MEASUREMENTS INDICATE THAT THE DEVELOPMENT, SIMILAR DEVELOPMENT PATTERNS IN THE AREA FOLLOWED UP IDENTICAL PATTERNS WHERE THE PRIMARY RESIDENCES WERE CONSTRUCTED WITHIN THE 50 FOOT FRONT PROPERTY LINE SETBACK.
THREE, APPROVING THIS VARIANCE REMINDER DEVIATION WOULD NOT CONSTITUTE OR GRANT A SPECIAL PRIVILEGE INCONSISTENT WITH THE LIMITATIONS ON OTHER PROPERTIES IN THE SAME VICINITY AND ZONE IN WHICH THE SUBJECT PROPERTY IS SITUATED.
APPROVAL OF THIS VARIANCE WOULD NOT CONSTITUTE A GRANT SPECIAL PRIVILEGE. THE VARIANCE WOULD MERELY REDUCE THE FRONT PROPERTY SETBACK FROM 50FT TO 16FT TO BRING INTO CONFORMITY AN EXISTING SINGLE FAMILY RESIDENCE. DUE TO THE REZONING AND CO-DEVELOPMENT PATTERNS OF THE THAT THIS AREA WENT THROUGH UNDER CURRENT CODE MAJORITY OF THE PRIMARY RESIDENCE IN THE AREA HAVE BEEN RESTRICTED FROM THE INABILITY OR FROM THE ABILITY TO MODIFY OR ALTER THE RESIDENCE IN ORDER NOT TO NOT LOSE THEIR NON-CONFORMING STATUS.
ADDITIONALLY, THE EXISTING SINGLE FAMILY RESIDENCE WOULD MEET ALL OF THE DEVELOPMENT STANDARDS SUCH AS HEIGHT, MAXIMUM STRUCTURE, COVERAGE WITHOUT INTERFERING WITH THE COUNTY'S SIDE DISTANCE TRIANGLE FOR DRIVEWAYS.
AND LASTLY, NUMBER FOUR, THE REQUESTED VARIANCE WOULD NOT ALLOW A USE OR ACTIVITY THAT IS NOT OTHER OTHERWISE EXPRESSLY AUTHORIZED BY THE REGULATIONS GOVERNING THE SUBJECT PARCEL. THE SINGLE FAMILY RESIDENCES THAT, THAT THE SINGLE FAMILY RESIDENCE ENCROACHES INTO THE FRONT PROPERTY LINE SETBACKS IS AN EXISTING STRUCTURE. IT'S BEEN THERE SINCE 1970. A SINGLE FAMILY RESIDENCE IS AN EXPRESSLY ALLOWED USE IN THE RURAL RESIDENTIAL ZONE UNDER CHAPTER 18.32 OF THE COUNTY ZONING CODE. THE VARIANCE WOULD NOT INTRODUCE ANY NEW USES.
ALL OF THE ZONING REQUIREMENTS SUCH AS HEIGHT, STRUCTURE, COVERAGE, AND COMPLIANCE WITH THE LOCAL AGENCY MANAGEMENT PLAN FOR WELL AND SEPTIC SETBACKS WOULD REMAIN FULLY SATISFIED.
[00:25:01]
ON MAY 28TH, 2026 STAFF RECEIVED NO COMMENTS.STAFF HAS TWO RECOMMENDATIONS FOR THE PROJECT.
THE FIRST ONE IS TO DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15305, MINOR ALTERATIONS IN LAND USE LIMITATIONS OF THE CEQA GUIDELINES AND TO APPROVE ZONING VARIANCE NUMBER ZV26002 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. THANK YOU, RICARDO.
ANY QUESTIONS? COMMISSIONERS. D JUST JUST ONE.
AND IT'S PROBABLY FOR MARK MORTON. RICARDO. AND THAT IS I KEEP SEEING THE 300 FOOT NOTIFICATION WHERE HOW DID THAT COME ABOUT? OR WHAT'S THE WHAT'S THE REQUIREMENT? WHY COULDN'T IT BE 500FT OR 1000FT? I BELIEVE THAT'S A STATE REQUIREMENT, SIR.
ALL RIGHT. OKAY. ANY MORE? OKAY. NOW WE'LL OPEN THE PUBLIC HEARING.
ANYBODY THAT WOULD LIKE TO SPEAK ON THIS ITEM, PLEASE STEP FORWARD.
STATE YOUR NAME AND YOUR ADDRESS, PLEASE. I DON'T SEE NONE.
I WILL NOW CLOSE THE PUBLIC HEARING AND MOVE ON TO THE MOTIONS.
LIMITATIONS OF THE CEQA GUIDELINES. SECOND. MOTION AND A SECOND.
ALL THOSE IN FAVOR? AYE. ANY OPPOSED? MOTION MOVED ON TO THE PROJECT DETERMINATION.
MOTION, PLEASE. I'LL MAKE THE MOTION TO APPROVE ZONING VARIANCE NUMBER ZV26-002 BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.
SECOND. MOTION AND A SECOND. ALL THOSE IN FAVOR? AYE. ANY OPPOSED? MOTION MOVED. OKAY, MOVING ON TO ITEM SEVEN.
COMMISSION ACTION. ITEMS. NONE. DIRECTOR'S REPORT.
COMMISSION COMMISSIONERS. COMMENTS. NONE. OKAY, WE WILL ADJOURN.
THANK YOU EVERYONE.
* This transcript was compiled from uncorrected Closed Captioning.