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[1. CALL TO ORDER]
MORNING EVERYONE.WELCOME TO THE MERCY PLANNING COMMISSION MEETING.
I'D LIKE TO CALL THIS MEETING TO ORDER AND START OFF WITH THE PLEDGE OF ALLEGIANCE, PLEASE.
ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO STANDS, ONE NATION UNDER INDIVIDUAL WITH JUSTICE FOR ALL RIGHT, THANK YOU.
ROLL CALL OF COMMISSIONERS, PLEASE.
CHAIRMAN RAMIREZ HERE AND COMMISSIONER SPICER AND COMMISSIONER TATUM DID EXCUSE HIMSELF AND MR. CHERRY OF THE QUORUM.
[4. APPROVAL OF MINUTES]
WE MOVE ON TO THE APPROVAL OF THE MINUTES.AT THIS TIME, I'D LIKE TO OPEN UP THE FLOOR IF ANYBODY HAS ANY COMMENTS ON THE, UH, MINUTES FOR OF OUR MEETING ON AUGUST 12TH, STEP FORWARD.
I WILL CLOSE THAT AND MOVE ON FOR A MOTION TO APPROVE THE MINUTES.
I'LL MAKE A MOTION TO APPROVE.
I'LL MAKE A MOTION TO APPROVE THE MINUTES.
NOW I'D LIKE TO OPEN UP, UH, PUBLIC COMMENT AT THIS TIME IF ANYBODY HAS ANYTHING OF INTEREST THAT THE PLANNING COMMISSION HAS OVERSIGHT ON THAT IS NOT IN THE AGENDA, YOU CAN STEP FORWARD AND TALK ABOUT THAT ITEM AT THIS TIME.
I WILL NOW CLOSE PUBLIC COMMENT AND MOVE ON TO THE
[6. PUBLIC HEARING(S)]
PUBLIC HEARING.UM, OUR FIRST ITEM ON THE AGENDA IS NUMBER ZV 26 DASH ZERO ONE.
MY NAME IS ANNA BROWNING AND THE FIRST PROJECT TODAY IS ZONE VARIANCE NUMBER Z 26 0 1 MINOR SUBDIVISION NUMBER MS 26 SLASH 0 0 1 FOR THE APPLICANT RAQUEL BETTEN COURT.
A LITTLE BIT OF BACKGROUND BEFORE WE GET INTO THE REQUEST.
UH, SO THE MERCER COUNTY ZONING CODE SECTION 1810 0.030 ALLOWS FOR A PARCEL TO BE USED AS A SECURITY INSTRUMENT FOR FINANCING STAFF.
WOULD LIKE TO NOTE FOR THE RECORD THAT THIS SECURITY PARCEL IS NOT A LEGAL PARCEL AND CANNOT BE SEPARATELY CONVEYED.
IT IS SIMPLY A FINANCING INSTRUMENT THAT WOULD ALLOW A LENDER TO ATTACH A DEED OF TRUST THAT SECURES A PROMISSORY NOTE FOR THE PROPERTY OWNER TO OBTAIN LOAN FUNDS TO BUILD, IN THIS CASE A THIRD HOME.
THE SECURITY PARCEL WOULD ONLY BECOME A LEGAL SEPARATE PARCEL IF THE APPLICANT DEFAULTS ON THE MORTGAGE, DOESN'T PAY THEIR PROPERTY TAXES AND IS FORECLOSED UPON TO QUALIFY FOR A SECURITY PARCEL, THE PARCEL BEFORE DIVISION NEEDS TO MEET THE MINIMUM PARCEL SIZE REQUIREMENTS FOR THE ZONE DISTRICT.
THE SECURITY PARCEL NEEDS TO BE AT LEAST ONE NET ACRE AND NOT MORE THAN FIVE NET ACRES IN SIZE AND BE CREATED BY THE CONVEYANCE OF A SECURITY INSTRUMENT TO FINANCE A SINGLE FAMILY DWELLING TO BE OCCUPIED BY THE PROPERTY OWNER OR THE PROPERTY OWNER, PROPERTY OWNER'S, IMMEDIATE FAMILY.
AND FINALLY, IF THE PARCEL IS USED FOR FINANCING AND AGRICULTURAL OPERATION, THE PARCEL SIZE SHALL BE AT LEAST ONE NET ACRE AND CERTIFIED BY THE COUNTY DIVISION OF ENVIRONMENTAL HEALTH AS ADEQUATE FOR ONSITE WASTE DISPOSAL SYSTEM.
TO GIVE SOME ADDITIONAL BACKGROUND ON MERCED COUNTY'S HISTORY ON FINANCIAL PARCEL MAP WAIVERS SINCE 2006, THE COUNTY HAS APPROVED 11 APPLICATIONS TO CREATE A SECURITY PARCEL FOR FINANCING PURPOSES.
ALL ARE STILL BEING USED FOR ITS ORIGINAL PURPOSE, WHICH IS FINANCING.
NONE HAVE BEEN SEPARATELY CONVEYED, CONVEYED OR FORECLOSED UPON.
TO GO INTO FURTHER DETAIL, THERE HAS BEEN ONE APPLICATION APPROVED IN ATWATER, ONE IN DELHI, TWO IN MERCED, THREE IN LA GRANDE, THREE IN WINTON, AND ONE IN INTERLOCK ON THIS MAP, THE PROJECT SITE IS LOCATED ON THE WEST.
MOVING FORWARD TO THE REQUEST.
THE PROJECT IS A REQUEST FOR A VARIANCE AND A PARCEL MAP WAIVER TO INCREASE THE MAXIMUM SECURITY PARCEL SIZE TO 7.9 ACRES AND REDUCE THE REQUIRED 20 ACRE MINIMUM PARCEL SIZE BEFORE DIVISION TO 9.9 TO 9.9 ACRES TO ALLOW FOR THE CREATION OF PARCEL ONE A 7.9 NET ACRE SECURITY PARCEL AND PARCEL TWO A TWO NET ACRE REMAINDER TO FACILITATE THE FINANCING AND CONSTRUCTION OF A SINGLE FAMILY HOME.
THIS IS THE VICINITY OF THE PROJECT SITE OUTLINED IN RED.
THE SITE IS LOCATED ON THE NORTH SIDE OF WEST WILLIAMS AVENUE, APPROXIMATELY 0.25 MILES EAST OF NORTH LANDER AVENUE IN THE HILMAR AREA.
THE SURROUNDING AREA IS MADE UP OF AGRICULTURAL LAND USES SUCH AS RURAL RESIDENCES, ORCHARDS, AND FALLOW AGRICULTURAL LAND.
HERE IS A CLOSER IMAGE OF THE PROJECT SITE.
THE SITE CONSISTS OF TWO RURAL RESIDENCES, A SHOP BUILDING AND A BARN.
BOTH, BOTH HOMES SHARE A DOMESTIC WELL AND EACH HOME HAS WASTEWATER MANAGED BY ITS OWN ONSITE SEPTIC SYSTEM.
ACCESS TO THE SITE IS PROVIDED BY A FULL ACCESS DRIVEWAY OFF WILLIAMS AVENUE.
THE REMAINDER OF THE SITE IS MADE UP OF AGRICULTURAL LAND ON AUGUST 1ST, 2025.
AN ADDITIONAL DWELLING OCCUPANCY MONITORING PERMIT WAS APPROVED TO
[00:05:01]
CONSTRUCT A THIRD RESIDENCE FOR IT.THE PROPERTY OWNER, THE PROPOSED RESIDENCE, WOULD BE CONSTRUCTED DIRECTLY TO THE EAST OF THE EXISTING HOMES.
HERE IS A MAP EXHIBIT SHOWING THE SECURITY PARCEL OUTLINED IN RED AND THE REMAINDER PARCEL IN THE SOUTHEAST CORNER OF THE PROJECT SITE.
THE PROPOSED THIRD HOME WOULD BE CONSTRUCTED ON THE 7.9 ACRE SECURITY PARCEL.
AGAIN, THE SECURITY PARCEL IS USED FOR FINANCING PURPOSES ONLY AND CANNOT BE SEPARATELY CONVEYED.
THE PROJECT SITE IS DESIGNATED AGRICULTURAL LAND USE IN THE GENERAL PLAN AND CAN BE FOUND CONSISTENT WITH THE MERCER COUNTY GENERAL PLAN POLICIES LISTED.
THE PROJECT SITE IS ZONE A ONE GENERAL AGRICULTURE.
THE THE, THE CODE DOES GIVE PROPERTY OWNERS THE OPTION TO CREATE SECURITY PARCEL TO FINANCE THE CONSTRUCTION OF A SINGLE FAMILY HOME OR AGRICULTURAL OPERATIONS GIVEN THEY MEET THE STANDARDS IN SECTION 18 POINT 10.030.
AS PART OF THE PROJECT, THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW FOR A SECURITY PARCEL THAT IS GREATER THAN FIVE NET ACRES AND TO ALLOW FOR A SECURITY PARCEL TO BE CREATED ON A PARCEL THAT DOES NOT MEET THE MINIMUM PARCEL SIZE OF THE A ONE GENERAL AGRICULTURAL ZONE DISTRICT.
THE PROPOSED SUBDIVISION CANNOT BE FOUND FULLY CONSISTENT WITH THE SUBDIVISION MAP ACT ENTITLED 17 AS IT DOES NOT MEET ONE OF THE FINE FI ONE OF THE FIVE FINDINGS NEEDED TO APPROVE A PARCEL MAP WAIVER PURSUANT TO SECTION 17 POINT.
THOSE FINDINGS ARE ONE, THE PROPOSAL CONFORMS TO ALL ZONING ORDINANCES AND NO VARIANCES ARE NECESSARY.
TWO, THE DIVI THE DIVISION COMPLIES WITH OR CAN MEET ALL ROAD DRAINAGE, WATER AVAILABILITY, SANITARY AND FIRE PROTECTION SERVICES NEEDED.
THREE, ADEQUATE LEGAL ACCESS EXIST.
FOUR, THERE ARE NO ENVIRONMENTAL ISSUES OUTSTANDING AND FIVE, THERE ARE NO TAX LIENS OUTSTANDING ON THE PROPERTY.
THE PROPOSAL CANNOT SATISFY FINDING NUMBER ONE BECAUSE IT WOULD NOT CONFORM TO ALL ZONING CODE REQUIREMENTS AS IT REQUIRES VARIANCES FROM THE STANDARD STEP FORTH IN SECTION 1810 0.030 RELATING TO THE MINIMUM PARCEL SIZE AND THE MAXIMUM ALLOWABLE SIZE FOR THE SECURITY PARCEL.
NEVERTHELESS, THE PROPOSAL REMAINS CONSISTENT WITH THE UNDERLYING INTENT OF THE PARCEL MAP WAIVER PROVISIONS.
THE SECURITY PARCEL IS NOT INTENDED TO FUNCTION AS A SEPARATE LEGAL PARCEL, BUT AS A FINDING MECHANISM TO FACILITATE THE CONSTRUCTION OF A THIRD RESIDENCE THAT HAS ALREADY BEEN RE REVIEWED AND APPROVED BY THE PLANNING DIVISION.
THE PROJECT WOULD NOT RESULT IN ANY SIGNIFICANT LAND USE IMPACTS OR CONFLICT WITH THE BROADER GOALS OF THE COUNTY PURSUANT TO MERCED COUNTY ZONING CODE SECTION 18.12 6.050 AND GOVERNMENT CODE SECTION 6 5 9 0 6 A VARIANCE MAY ONLY BE APPROVED AFTER THE PLANNING COMMISSION MAKES THE FOLLOWING REQUIRED FINDINGS.
THESE FINDINGS CAN BE FOUND ON PAGE 10 OF THE STAFF REPORT.
TO QUICKLY SUMMARIZE, THERE ARE SPECIAL CIRCUMSTANCES TO THE PROJECT SITE.
THE PROJECT SITE IS APPROXIMATELY 10 ACRES IN SIZE AND IS CONSIDERED A LEGAL NON-CONFORMING PARCEL SINCE IT WAS CREATED PRIOR TO THE COUNTY SUBDIVISION CODE AND ZONING CODE.
THE NEED TO EXCEED THE FIVE NET ACRE MAXIMUM IS A RESULT OF CURRENT LENDING REQUIREMENTS SPECIFIC TO THE APPLICANT'S LENDER YOSEMITE FARM CREDIT, WHICH ONLY OFFERS LOANS AND REQUIRES LARGER PARCELS TO SECURE FINANCING.
A STATEMENT WAS PROVIDED BY THE BANK INDICATING THAT THEY WOULD ONLY PROVIDE FINANCING TO A PARCEL PARCEL LARGER THAN FIVE ACRES.
TWO, STRICT ADHERENCE TO THE MINIMUM PARCEL SIZE REQUIREMENT AND ON THE FIVE ACRE MAXIMUM FOR FINANCING PARCELS WOULD PREVENT THE APPLICANT FROM OBTAINING FINANCING AND IN TURN LIMIT THE PROPERTY OWNER'S AVAIL ABILITY TO DEVELOP A PERMITTED RESIDENTIAL USE DUE SOLELY TO THE PARCEL'S HISTORIC SIZE AND LENDING CONSTRAINTS.
NUMBER THREE, APPROVING THE VARIANCE WOULD NOT GRANT A SPECIAL PRIVILEGE.
THE PROPOSED PROJECT WOULD NOT ENABLE ADDITIONAL DEVELOPMENT BEYOND WHAT IS ALREADY PERMITTED, NOR WOULD NOR WOULD IT ALLOW FOR INCREASED DENSITY, INTENSITY, OR SUBDIVISION OF LAND FOR INDEPENDENT USE OR SALE.
THE SECURITY PARCEL WOULD BE USED AS A A FINANCING MECHANISM FOR THE CONSTRUCTION OF THE THIRD RESIDENCE AND WOULD NOT BE RECOGNIZED AS A LEGAL PARCEL UNLESS FORECLOSURE OCCURS.
ADDITIONALLY, THE PROJECT SITE WILL CONTINUE TO OPERATE AS ONE SINGLE PARCEL WITH SHARED ACCESS AND UTILITIES.
AND FINALLY, NUMBER FOUR, THE REQUEST VARIANCE WOULD NOT ALLOW A USE OR ACTIVITY THAT IS NOT ALREADY ALLOWED WITHIN THE ZONING AND LAND USE DESIGNATION.
THE PROJECT FACILITATES THE CONSTRUCTION OF A THIRD RESIDENCE, WHICH IS PERMITTED WITHIN THE A ONE ZONE.
WITH THE APPROVAL OF AN ADDITIONAL DWELLING OCCUPANCY MONITORING PERMIT.
THERE WOULD BE NO CHANGES TO THE TYPE, INTENSITY OR NATURE OF THE APPROVED USE.
THE VARIANCE WOULD PERTAIN SOLELY TO DIMENSIONAL AND PROCEDURAL REQUIREMENTS ASSOCIATED WITH THE SECURITY PARCEL.
THE PROPOSED DEVELOPMENT WOULD REMAIN CONSISTENT WITH THE INTENT OF THE ZONING CODE AND GENERAL PLAN BECAUSE IT SUPPORTS RURAL RESIDENTIAL USES WHILE PRESERVING AND MAINTAINING THE OVERALL INTEGRITY OF THE AGRICULTURAL LAND USE DESIGNATION.
SOME SAFEGUARDS THE COUNTY IS PUTTING IN PLACE TO ENSURE THAT THE PARCEL CANNOT BE SEPARATELY CONVEYED.
UM, CONDITION NUMBER THREE WOULD NOT ALLOW THE PARCEL TO BE SEPARATELY CONVEYED UNLESS FORECLOSURE OCCURS AND IT BECOMES A LEGAL PARCEL
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CONDITION.NUMBER FIVE WOULD HAVE THE COUNTY RECCO RECORD A REQUEST FOR NOTICE, WHICH INDICATES IF THERE IS EVER ANY NOTICE OF DEFAULT SALE OR TRANSFER, BOTH THE COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT AND THE ASSESSOR'S DEPARTMENT WOULD RECEIVE NOTICE.
IF WE RECEIVE NOTICE, IT WOULD MEAN THE PROPERTY OWNER IS IN VIOLATION OF THE SUBDIVISION MAP ACT AND STAFF CAN ACT ACCORDINGLY.
CONDITION NUMBER SIX WOULD REQUIRE THE PROPERTY OWNER TO DISSOLVE THE SECURITY PARCEL BOUNDARIES UPON PAYMENT OF THE PROMISSORY NOTE.
AND FINALLY, CONDITION NUMBER SEVEN WOULD REQUIRE THAT IN THE EVENT OF ANY FORECLOSURE, A NEW WELL SHALL BE DRILLED IN ACCORDANCE WITH ENVIRONMENTAL HEALTH STANDARDS TO SERVE PARCEL ONE.
STAFF HAS DETERMINED THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 1 5 3 0 3 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES OF THE SQL GUIDELINES, THE PROJECT INVOLVES CREATING A SECURITY PARCEL AS A SECURITY INSTRUMENT TO FINANCE THE CONSTRUCTION OF A THIRD RESIDENCE.
THE HOME WOULD HAVE ALL NECESSARY UTILITIES INCLUDING A SHARED DOMESTIC WELL AND A NEW SUBJECT SYSTEM THAT WOULD BE ISSUED BY THE MERCER COUNTY DIVISION OF ENVIRONMENTAL HEALTH.
THE PROPOSED HOME HAS BEEN REVIEWED AND APPROVED BY THE PLANNING DIVISION AND HAS BEEN FOUND TO BE CONSISTENT WITH THE ZONING AND LAND USE DESIGNATION.
THE PROPOSED HOME WOULD NOT BE DETRIMENTAL TO THE PROJECT SITE OR THE SURROUNDING LAND.
USES NOTICE OF THE PUBLIC HEARING WAS ORIGINALLY PUBLISHED IN MERCER COUNTY TIMES AND MAILED TO PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT SITE ON JUNE 25TH, 2026.
ON THE JULY 8TH, 2026 PLANNING COMMISSION MEETING, THE PROJECT WAS CONTINUED TO A LATER DATE.
NOTICE OF THIS PUBLIC HEARING WAS PUBLISHED IN THE MERCER COUNTY TIMES AND MAILED TO PROPERTY OWNERS OF RECORD WITHIN 300 FEET OF THE PROJECT SITE ON AUGUST 13TH, 2026.
STAFF RECEIVED NO COMMENTS GIVEN ALL THE INFORMATION PROVIDED TODAY.
STAFF HAS TWO RECOMMENDATIONS.
NUMBER ONE, DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 1 5 3 0 3 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES OF THE SQL GUIDELINES AND APPROVE OR DEN DENY ZONE VARIANCE NUMBER ZV 26 0 0 1 AND MINOR SUBDIVISION NUMBER MS 26 DASH ZERO ONE BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.
THIS CONCLUDES STAFF'S PRESENTATION.
I, UM, COMMISSIONERS ANY QUESTIONS FOR STAFF? I HAD A A QUICK QUESTION.
SO THE, THE THIRD HOME THAT'S GONNA BE PUT ON TO, UH, THIS NEW PARCEL, IS IT GONNA BE SHARING A WELL WITH OTHER RESIDENTS? CORRECT.
THE THIRD HOME WILL BE SHARING THE DOMESTIC WELL AND SO, UM, I I JUST, I WANNA MAKE SURE I UNDERSTAND THIS CORRECTLY.
IF FOR SOME REASON IT, IT GOES INTO FORECLOSURE TO BECOME A LEGAL PARCEL, THEY WILL BE REQUIRED TO PUT IN A NEW WELL THAT IS CORRECT.
ANY OTHER QUESTIONS? OKAY, SEE NONE.
I WILL NOW OPEN UP A PUBLIC COMMENT ON THIS ITEM.
IF ANYBODY HAS UH, ANYTHING TO ADD TO THIS, WILL YOU PLEASE STEP FORWARD, STATE YOUR NAME, ADDRESS AND YOU HAVE THREE MINUTES.
I WILL CLOSE THE PUBLIC COMMENT AND MOVE ON FOR A MOTION.
I'LL UH, MAKE A MOTION TO DETERMINE THE PROJECT IS CATEGOR CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 1 5 3 3 OF UH, NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES OF THE SQL GUIDELINES.
ANY OPPOSED? THE ITEM MOTION IS MOVED UH, ONTO PROJECT DETERMINATION.
I WILL MAKE A MOTION TO APPROVE UM, THE ZONE VARIANCE NUMBER ZV 26 0 0 1 MINOR SUBDIVISION NUMBER MS 26 DASH 0 0 1 BASED ON THE FINDINGS, INCLUDING STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.
OKAY, WE MOVE ON TO THE SECOND ITEM.
THANK YOU CHAIR AGAIN FOR THE RECORD, MY NAME IS ANNA BROWNING AND THE PROJECT BEFORE YOU IS CONDITIONAL USE PERMIT NUMBER CUP 25 0 21 FOR THE APPLICANT CREEK FRONT RANCH LLC.
THE PROJECT IS A REQUEST FOR A CONDITIONAL USE PERMIT TO ESTABLISH AN AGRICULTURAL TOURISM FACILITY CONSISTING OF AGRICULTURAL EDUCATION ACTIVITIES SUCH AS TOURS AND PRESENTATIONS WHILE ACCOMMODATING OVERNIGHT STAYS FOR UP TO 14 GUESTS WITH AN EX AN EXISTING 7,800 SQUARE FOOT RESIDENCE.
ALL OPERATIONS WOULD BE DONE WITHIN THE EXISTING DEVELOPMENT ONSITE AND NO NEW DEVELOPMENT IS PROPOSED AS PART OF THIS PROJECT.
THE PROPOSED FACILITY WOULD HAVE TWO EMPLOYEES WITH DAYS AND HOURS OF OPERATION FOR SERVICES PROVIDED BEING HELD MONDAY THROUGH SUNDAY FROM 7:00 AM TO 1:00 PM
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BECAUSE NO FOOD OR BEVERAGES WOULD BE PROVIDED TO THE GUESTS.NO ADDITIONAL PERMITS FROM THE COUNTY'S DIVISION OF ENVIRONMENTAL HEALTH ARE REQUIRED.
THE PROPOSED AGRICULTURAL TOURISM OPERATION WOULD PROVIDE GUESTS WITH AN OPPORTUNITY TO LEARN ABOUT AGRICULTURE, MODERN FARMING PRACTICES AND THE FUTURE ROLE OF ARTIFICIAL INTELLIGENCE AND FARMING.
A TOUR WOULD BE ORGANIZED INTO THREE COMPONENTS, EDUCATIONAL PRESENTATIONS, GUIDED WALKING TOURS, AND INDEPENDENT POST TOUR ACTIVITIES.
THE PRESENTATION PORTION WOULD PROVIDE AN OVERVIEW OF VARIOUS ASPECTS OF FARMING INCLUDING CROP PRODUCTION, WATER MANAGEMENT, UTILITIES, PRESENTATIONS WOULD BE APPROXIMATELY TWO TO THREE HOURS, UM, AND CONDUCTED BY ONSITE EMPLOYEES.
FOLLOWING THE PRESENTATION, GUESTS WOULD PARTICIPATE IN A GUIDED WALKING TOUR OF THE RANCH USING THE EXISTING WALKWAYS AND DIRT ROADS.
THE TOURS WOULD NOT INTERFERE WITH ANY ONGOING AGRICULTURAL OPERATIONS DURING THE WALK.
GUESTS WOULD VISIT THE PISTACHIO AND ALMOND ORCHARDS, AGAVE PLANTINGS AND THE GARDEN AREA WHILE LEARNING ABOUT THE PROPERTY'S IRRIGATION SYSTEM AND THE EQUIPMENT USED IN DAY-TO-DAY FARMING ACTIVITIES.
AFTER THE GUIDED TOUR, GUESTS WOULD HAVE THE OPPORTUNITY TO PARTICIPATE IN INDEPENDENT POST TOUR ACTIVITIES BASED ON THEIR INTEREST.
HERE IS THE VICINITY OF THE PROJECT SITE HIGHLIGHTED IN RED.
THE PROJECT SITE CONSISTS OF ONE PARCEL TOTALING APPROXIMATELY 159 ACRES LOCATED ON THE SOUTH SIDE OF WEST BUCHANAN HOLLOW ROAD, APPROXIMATELY HALF A MILE EAST OF SOUTH BAXTER ROAD.
IN THE LA GRANDE AREA, THE SURROUNDING AREA IS MADE UP OF SIMILAR AGRICULTURAL USES SUCH AS ORCHARDS AND RURAL RESIDENCES.
HERE'S A CLOSER LOOK AT THE PROJECT SITE.
ON THE LEFT IS THE NORTHERN PORTION OF THE PROPERTY CONTINUING THE RURAL RESIDENCE AND A BARN STAFF WOULD LIKE TO NOTE THAT THE BARN WILL NOT BE USED AS PART OF THIS PROJECT.
THE FACILITIES WASTEWATER IS MANAGED BY A SUBJECT SYSTEM AND WATER IS PROVIDED BY A DOMESTIC WELL.
A SOIL ANALYSIS AND SEPTIC SYSTEM EVALUATION WAS RECEIVED FOR THE PROJECT SITE AND IT INDICATED THAT THE EXISTING SEPTIC SYSTEM WOULD HAVE THE CAPACITY TO SUPPORT UP TO 14 GUESTS AND TWO EMPLOYEES.
THEREFORE, NO SEPTIC SYSTEM MODIFICATIONS ARE NEEDED AS PART OF THE PROJECT, GIVEN THAT THEY DO NOT EXCEED THE AMOUNT OF PEOPLE ALLOWED.
ON SITE IMAGE ON THE RIGHT INDICATES THE SOUTHERN SECTION OF THE PROJECT SITE WHICH CONTAINS THE ORCHARDS.
HERE'S A SITE PLAN THAT SHOWS THE DRIVEWAY ENTRANCE FROM BUCHANAN HOLLOW ROAD, THE EXISTING HOME BARN AND THE DIFFERENT AGRICULTURAL FIELDS.
ALSO INDICATE ON THE SITE PLAN ARE THE PATHS FOR THE GUIDED TOURS.
HERE'S A CLOSER LOOK OF THE PROJECT SITE SHOWING THE EXISTING SEPTIC AND LEACH FIELD AREAS AS WELL AS THE EXISTING DEVELOPMENT ONSITE.
AGAIN, FOR THE RECORD, THERE IS NO NEW PROPOSED DEVELOPMENT AS PART OF THE PROJECT.
ADDITIONALLY, THERE IS AN EXISTING ROAD LEADING TO THE HOME AND THERE'S ENOUGH SPACE AROUND THE HOME TO ACCOMMODATE AT LEAST 10 VEHICLES WITHOUT INTERFERING WITH ANY PATHWAYS OR EXISTING AGRICULTURAL OPERATIONS.
THE PROJECT SITE IS DESIGNATED FOOTHILL PASTURE AND CAN BE FOUND CONSISTENT WITH THE GOALS AND POLICIES OF THE MERCED COUNTY GENERAL PLAN LI LISTED IN THE SLIDE IN REGARDS TO PROMOTING THE AGRICULTURAL INDUSTRY AND EDUCATING GUESTS ON A WORKING FARM AND FARMING PRACTICES THROUGH TOURS AND PRESENTATIONS.
ADDITIONALLY, THE PROJECT SITE IS ZONE A TWO EXCLUSIVE AGRICULTURE AND IT MEETS THE APPLICABLE DEVELOPMENT STANDARDS OF THE A TWO ZONE DISTRICT AS OUTLINED IN THE MERCED COUNTY ZONING CODE SECTION 18.6 0.270 OF THE ZONING CODE STATES THAT IN AGRICULTURAL ZONES A SHORT TERM RENTAL MAY BE ALLOWED SUBJECT TO THE FOLLOWING, A SHORT TERM RENTAL SHALL BE LOCATED ON THE SAME PARCEL OF THE AGRICULTURAL TOURISM ENTERPRISE.
NUMBER TWO, A SHORT-TERM RENTAL SHALL BE INCIDENTAL AND SUBORDINATE TO THE PRINCIPAL USE OF THE AGRICULTURAL TOURISM.
AND NUMBER THREE, A RIGHT TO FARM SHALL BE RECORDED.
ADDITIONALLY, CONDITIONS FOUR THROUGH 16 FROM THE RECOMMENDED CONDITIONS OF APPROVAL ARE IN PLACE TO ENSURE COMPLIANCE WITH THE SECTION OF THE CODE.
AND THAT INVOLVES THINGS SUCH AS THE TRANSIENT OCCUPANCY, TAX NOISE STANDARDS, MAXIMUM OCCUPANCY PARKING, TRASH ADVERTISEMENTS AND NOISE REQUIREMENTS.
THE FULL CONDITIONS OF APPROVAL ARE ATTACHED TO THE STAFF REPORT AS ATTACHMENT A STAFF HAS DETERMINED THE PROJECT MAY BE FOUND CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTIONS 1 5 3 0 1 EXISTING FACILITIES AND 1 5 3 0 4 MINOR MINOR ALTERATIONS TO LAND OF THE SQL GUIDELINES.
THE PROJECT WOULD UTILIZE EXISTING BUILDINGS, WALKWAYS, AND DIRT ROADS AND WOULD NOT REQUIRE SUBSTANTIAL CHANGES TO THE SITE.
EDUCATIONAL PRESENTATIONS AND OVERNIGHT ACCOMMODATIONS WOULD OCCUR WITHIN THE EXISTING RESIDENCE.
WHILE GUIDED TOURS WOULD UTILIZE EXISTING WALKWAYS AND FARM ROADS, THE PROPOSED ACTIVITIES WOULD NOT EXPAND THE EXISTING AGRICULTURAL OPERATIONS OR INTRODUCE NEW DEVELOPMENT THAT COULD RESULT IN ANY SIGNIFICANT ENVIRONMENTAL IMPACTS.
ANY IMPROVEMENTS ASSOCIATED WITH THE PROJECT WOULD BE LIMITED TO MINOR ALTERATIONS OF EXISTING FACILITIES INVOLVING NEGLIGIBLE OR NO EXPAND.
UH, OR NO EXPANSION OF THE EXISTING USE.
THE PROJECT SITE IS NOT ENVIRONMENTALLY SENSITIVE AND WOULD NOT RESULT IN A CUMULATIVE CUMULATIVELY CONSIDERABLE ENVIRONMENTAL IMPACT.
THE PROJECT IS NOT LOCATED ON A SCENIC HIGHWAY AND WOULD NOT IMPACT ANY SCENIC RESOURCES.
NOTICE OF THE PUBLIC HEARING WAS PUBLISHED IN THE MERCED COUNTY TIMES AND MAIL TO PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT SITE
[00:20:01]
ON AUGUST 13TH, 2026.STAFF HAS TWO RECOMMENDATIONS DETERMINE THE PROJECT MAY BE FOUND.
CATEGORY CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTIONS 1 5 3 0 1 EXISTING FACILITIES AND 1 5 3 0 4 MINOR ALTER ALTERATIONS TO LAN OF THE SQL GUIDELINES.
AND FINALLY APPROVE CONDITIONAL USE PERMIT NUMBER CUP 25 DASH 21 BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.
THIS CONCLUDES STAFF'S PRESENTATION.
THE APPLICANT IS AVAILABLE IN THE AUDIENCE FOR ANY QUESTIONS.
UM, ANY QUESTIONS FOR STAFF ON FROM COMMISSIONERS? ALRIGHT, I SEE NONE.
I'LL OPEN UP THE PUBLIC HEARING IF ANYBODY WOULD LIKE TO SPEAK ON THIS ITEM, PLEASE SET FORWARD, STATE YOUR NAME, ADDRESS.
ADDRESS IS 1 9 2 5 1 EAST BUCHANAN HOLLOW ROAD.
WE NEIGHBOR THIS AND OUR CONCERNS ON IT.
I THINK, I DON'T KNOW IF THEY'VE BEEN CONSIDERED, BUT IT DOESN'T SOUND LIKE IT, BUT OUR ROAD CONDITIONS OUT THERE ARE TERRIBLE.
LIKE A LOT OF PLACES RURAL IN THE COUNTY, UH, WE DRIVE ON, UH, ON THE, NOT THE PAVEMENT, SO THEY CALL IT THAT, BUT ON THE, ON THE SIDE OF THE ROAD IN THE DIRT, WINTERTIME GETS PRETTY SLUSHY.
SO I THINK THAT'S A CONSIDERATION IF THERE'S MORE TRAFFIC OUT IN THAT AREA TO BE CONSIDERED.
UM, ANOTHER CONCERN WE HAVE, WE HAVE A COMMERCIAL COW CALF OPERATION OR DOGS.
WE HAVE AN ISSUE WITH STRAY DOGS AND I, OUR CONCERN IS IF THEY OPEN THAT UP TO OVERNIGHTERS OR WHATEVER FIDO, YOU KNOW, PEOPLE LIKE TO BRING THEIR DOGS TO THE COUNTRY AND PRETTY SOON THEY'RE LOOSE AND THEN PRETTY SOON THEY'RE IN OUR COW CALF OPERATION AND THEY END UP GETTING, UM, ELIMINATED AND THEN THERE'S AN ISSUE.
SO I THINK THAT HAS NOT PROBABLY BEEN CONSIDERED.
WE NEIGHBOR WITH A FIVE WIRE FENCE AND WE GET A LOT.
IF THERE'S A LOT OF STRANGE PEOPLE COME IN FROM THE, WHO KNOWS WHERE OUR BIOSECURITY IS JEOPARDIZED THAT WE HAVE, UH, WORKED HARD TO KEEP SEPARATE AND, UH, KEEP OUR HERD CLEAN.
SO I THINK THIS ALL NEEDS TO BE CONSIDERED BEFORE THIS IS APPROVED.
I'M NOT SAYING DON'T DISAPPROVE IT, BUT I DON'T THINK IT'S ALL BEEN CONSIDERED.
ANYONE ELSE LIKE TO SPEAK ON THIS ITEM? OKAY.
WOULD YOU PLEASE STEP FORWARD, STATE YOUR NAME AND YOUR ADDRESS PLEASE.
I'M AJA AND I'M ONE OF THE APPLICATIONS FOR THIS, UH, CREEK FRONT RANCH.
SO, UM, NTRODUCE MYSELF, I'M A TECHNOLOGIST, UM, BUT I'M ALSO WILDLIFE RESCUER.
UH, I'M AN EDUCATOR AND I'M ALSO A CONSERVATIONIST.
SO THE PROBLEM WE START WITH THIS AVERAGE AGE OF A FARMER IS 54 YEARS OLD.
SO NEW GENERATION IS NOT, UH, PICKING UP THE FARMING.
SO WE THOUGHT WE SHOULD DO SOMETHING ABOUT IT BEING AN EDUCATION, UH, FROM THE EDUCATION SIDE.
SO, UM, WHAT WE DID IS I WANTED TO TEACH, I'M GONNA CREATE A CENTER OF EXCELLENCE FOR THE KIDS WHERE THEY UNDERSTAND WHAT GOES BEHIND, UH, GROWING FOOD.
BUT I DEFINITELY UNDERSTAND MR. DRES, MY NEIGHBOR, HIS CONCERNS.
SOME OF THEM WE WILL EVALUATE, BUT WHAT GOES BEHIND FOOD, GROWING FOOD, WHAT DOES FOOD WASTE MEAN? WHAT ARE THE WASTING OF NATURAL RESOURCES? SO I WANT TO, I'M A BEING A CONSERVATIONIST, I THOUGHT IT'S IMPORTANT FOR ME TO EDUCATE KIDS ON THAT.
SO I BUILD THIS AROUND THREE PILLARS.
ONE IS EDUCATION, SECOND ONE IS PARTNERSHIPS, AND THIRD ONE IS THE PROGRAMS. UM, EDUCATION IS WITH, I SPOKE TO SOME OF THE UNIVERSITIES LIKE UC, DAVIS, I ALSO SPOKE TO AGRICULTURAL COMMISSIONER, INTRODUCTIONS TO UC, MERCER AND MERCER COLLEGE, ARIZONA STATE UNIVERSITY AND MISSISSIPPI STATE UNIVERSITY.
THEY ALL SEE THAT THIS IS A VERY VALUABLE WHERE THEY CAN DO, GET A HANDS-ON EXPERIENCE ON THE FARMING PRACTICES FOR THE YOUNGER GENERATION.
AND THE THIRD ONE IS STUDENT PROGRAMS AROUND, UH, FARMING, UH, FERTILIZING SOIL, HEALTH EQUIPMENT, ALL THAT.
SO I WANNA PUT A PROGRAM AROUND THAT, CREATING A CENTER OF EXCELLENCE FOR THE KIDS TO TEACH THEM ON NOT ONLY JUST HIGH SCHOOL OR IT'S ANYONE WHO WANTS TO LEARN ABOUT FARMING.
SO THAT'S THE RATIONAL BEHIND CREATING THIS.
UM, SO AS ANNA STATED, WE ARE NOT GONNA MAKE ANY CHANGES.
WE'RE GONNA USE THE EXISTING FACILITIES FOR THAT.
[00:25:02]
ANY MORE COMMENTS ON THIS ITEM? I SEE NONE.I WILL CLOSE PUBLIC COMMENT AND MOVE ON FOR A MOTION.
I'LL MAKE A MOTION THAT THE COMMISSION DETERMINED THAT THE PROJECT MAY BE FOUND CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTIONS 1 5 3 0 1 EXISTING FACILITIES AND 1 5 3 0 4 MINOR ALTERATIONS TO LAND OF THE C GUIDELINES.
ANY OPPOSED? THE ITEM IS MOVED, UM, ONTO PROJECT DETERMINATION.
I'LL MAKE A MOTION THAT THE COMMISSION APPROVE CONDITIONAL USE PERMIT NUMBER CP 25 DASH 0 21 BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.
MOVING ON TO THE NEXT ITEM NUMBER MS S TWO SIX DASH 0 0 8.
UM, THANK YOU AND GOOD MORNING COMMISSIONERS.
UM, MY NAME IS YUNI PIZA AND THE PROJECT BEFORE YOU IS MINOR SUBDIVISION NUMBER MS 26 DASH 0 0 8 FOR THE APPLICANT.
CATHERINE ENOS, UH, TRUSTEE OF THE WILSON 2007 FAMILY LIVING TRUST DATED DECEMBER 18TH, 2007.
WHO ARE THE PROPERTY OWNERS OF THE PARCEL? THE PROJECT IS A REQUEST TO SUBDIVIDE A 14 POINT 19 ACRE PARCEL RESULTING IN PARCEL ONE 1.08 ACRES, PARCEL TWO 1.05 ACRES PARCEL THREE 1.05 ACRES AND REMAINDER PARCEL 10 POINT 81 ACRES.
NO NEW CONSTRUCTION OR DEVELOPMENT IS BEING PROPOSED WITH THIS SUBDIVISION.
THE PROJECT SITE IS DESIGNATED WINTERTON URBAN COMMUNITY AND VERY LOW DENSITY RESIDENTIAL LAND USE IN THE GENERAL PLAN AND ZONED RR RURAL RESIDENTIAL.
THIS IS THE VICINITY OF THE PROJECT SITE OUTLINED IN RED.
IT CONSISTS OF ONE LEGAL PARCEL OF APPROXIMATELY 14.91 ACRES.
THE PARCEL IS LOCATED ON THE NORTH SIDE OF NORTH WINTON WAY APPROXIMATELY 116 FEET WEST OF CAMELIA DRIVE IN THE WINTON AREA.
A SURROUNDING AREA CONSISTS OF RURAL RESIDENCE TO THE NORTH AND EAST AND AGRICULTURAL OPERATIONS TO THE WEST.
TOWARDS THE SOUTH IS A CANAL AND A HIGH SCHOOL AND THE PROJECT SITE IS LOCATED OUTSIDE THE C CITY LIMITS OF ATWATER, UM, CITY LIMITS.
THIS IS A MUCH CLOSER VIEW OF THE PROJECT SITE OUTLINED IN RED.
CURRENTLY THE SITE HAS ONE SINGLE FAMILY RURAL RESIDENCE.
IT'S STORAGE SHED AND IT'S LOCATED NORTHEAST OF THE PARCEL AND SERVICED BY ITS OWN DOMESTIC WELL AND ONSITE SEPTIC SYSTEM.
ACCESS TO THE SINGLE FAMILY HOME IS VIA DRIVEWAY OFF NORTH WINTON WAY.
THERE IS ALSO AN EXISTING ACCESS EASEMENT THAT RUNS THROUGH THE PARCEL THAT ALLOWS ACCESS TO ANOTHER PARCEL WITH A SINGLE FAMILY RESIDENCE THAT IS NOT PART OF THE SUBDIVISION.
IN ADDITION, THERE IS A LATERAL THAT RUNS THROUGH THE MIDDLE OF THE PARCEL KNOWN AS THE MID LATERAL.
AND LASTLY, THE REMAINING PARCEL OF THE, THE REMAINING PORTION OF THE PARCEL IS FOLLOW UNDEVELOPED LAND OUTLINED IN RED IS THE WINTON URBAN COMMUNITY PLAN BOUNDARY AND THE PROJECT IS LOCATED WITHIN THE COMMUNITY PLAN.
UM, THIS IS A MUCH CLOSER VIEW, UM, OF THE TENTATIVE MAP THAT DISPLAYS THE PROPOSED PARCEL.
PARCEL ONE IS OUTLINED IN RED OF 1.08 ACRES.
PARCEL TWO IS OUTLINED IN GREEN OF 1.05 ACRES AND PARCEL THREE IS OUTLINED IN ORANGE OF 1.05 ACRES AND THE REMAINING PARCEL IS OUTLINED IN BLUE OF 10 POINT 81 ACRES.
PARCEL ONE WOULD MAINTAIN THE THE EXISTING SINGLE FAMILY HOME AND STRUCTURES AND CONTINUE TO HAVE ACCESS TO NORTH WINTON WAY PROPOSED PARCEL TWO AND THREE WOULD REMAIN VACANT BUT WOULD HAVE ADEQUATE SPACE FOR A WELL AND SEPTIC SYSTEM.
NO ADDITIONAL LAND USE PERMITS WOULD BE REQUIRED ON PROPOSED PARCELS TWO AND THREE TO BUILD A NEW RESIDENCE.
PARCELS TWO AND THREE WOULD HAVE ACCESS TO NORTH WINTERTON WAY BY AN ALREADY EXISTING 20 FOOT ACCESS EASEMENT AND THE REMAINDER PARCEL WOULD REMAIN VACANT AND UNDEVELOPED AND CAN STILL BE ACCESSED BY AN EXISTING ACCESS EASEMENT.
IN TERMS OF CONSISTENCY WITH LOCAL REGULATIONS, THE PROJECT SITE IS DESIGNATED VERY LOW DENSITY RESIDENTIAL LAND USE.
IN THE GENERAL PLAN, THE PROJECT IS CONSISTENT WITH APPLICABLE GENERAL PLAN GOALS AND POLICIES INCLUDING BUT NOT LIMITED TO GOAL LU DASH ONE AND GOAL LU DASH 5.8 AND POLICIES LU DASH 1.4 AND LU DASH FIVE POINT C1.
THE PROJECT IS ALSO CONSISTENT WITH THE WINTON URBAN COMMUNITY PLAN DENSITY STANDARDS AND GOALS LU DASH ONE AND LU DASH TWO.
THE PROJECT IS CONSISTENT WITH THE DEVELOPMENT STANDARDS
[00:30:01]
OF THE MERCED COUNTY ZONING CODE, MEANING THE MINIMUM PARCEL SIZE AND DEATH REQUIREMENTS OF THE RURAL RESIDENTIAL ZONE OUTLINED IN SECTION 18 POINT 12.3 OF THE MERCED COUNTY ZONING CODE.LASTLY, THE PROJECT IS CONSISTENT WITH THE APPLICABLE PROVISIONS OF THE SUBDIVISION MAP ACT AND TITLE 17 AS A PROPOSED PARCEL CONFIGURATION IN THE TENTATIVE MAP IS CONSISTENT WITH THE DESIGN AND IMPROVEMENT STANDARDS OF THE SUBDIVISION MAP ACT.
AND TITLE 17 STAFF HAS DETERMINED THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 1 5 3 1 15 MINOR LAND DIVISIONS OF THE SQL GUIDELINES.
THE PROJECT IS CONSISTENT OF THE DIVISION OF THE PROPERTY IN AN URBANIZED AREA ZONED RESIDENTIAL INTO FOUR OR FEWER PARCEL AND IS IN CONFORMANCE WITH THE GENERAL PLAN.
COMMUNITY PLAN AND ZONING WITH NO VARIANCE OR EXCEPTIONS REQUIRED.
THE PROPOSED PARCELS MAINTAIN ADEQUATE SPACE TO HAVE INDIVIDUAL DOMESTIC WELLS AND ONSITE SUBJECT SYSTEM, WHICH WOULD, WHICH WOULD BE SUBJECT TO PERMITS ISSUED BY THE ENVIRONMENTAL HEALTH DIVISION.
IN ADDITION, THERE WOULD BE NO CHANGE TO THE ENVIRONMENTAL CHARACTER OF THE PROJECT SITE OR SURROUNDING AREAS.
NOTICE IF THE PUBLIC HEARING WAS PUBLISHED IN THE MERCED COUNTY TIMES AND MAILED TO ALL PROPERTY OWNERS LOCATED WITHIN 300 FEET OF THE PROJECT SITE ON AUGUST 13TH, 2026.
STAFF HAS TWO RECOMMENDATIONS TO DETERMINE NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 1 5 3 1 15 MINOR LAND DIVISIONS OF THE SE Q GUIDELINES AND SECOND APPROVE MINOR SUBDIVISION NUMBER MS 26 DASH 0 0 8 BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF THE APPROVAL.
THIS NOW CONCLUDES STAFF PRESENTATIONS.
I'M AVAILABLE FOR ANY QUESTIONS.
ANY QUESTIONS FROM THE COMMISSIONERS? ALRIGHT, SEE NONE.
I WILL NOW OPEN UP THE PUBLIC HEARING ON THIS.
IF ANYBODY WOULD LIKE TO SPEAK ON THIS ITEM, PLEASE STEP FORWARD.
STATE YOUR NAME AND YOUR ADDRESS.
I WILL NOW CLOSE PUBLIC COMMENT AND MOVE ON FOR A MOTION.
I'LL MAKE A MOTION, UH, TO DETERMINE THE NO FURTHER ENVIRONMENTAL REVIEWS REQUIRED PURSUANT TO SECTION 1 5 3 1 5 MINOR LAND DIVISIONS OF THE GUIDELINES.
ANY OPPOSED? MOTION MOVED ONTO PROJECT DETERMINATION.
I WILL, UH, MAKE A MOTION TO APPROVE MINOR SUBDIVISION NUMBER MS 26 DASH ZERO EIGHT BASED ON FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO RECOMMENDED CONDITIONS OF APPROVAL.
UM, ANY COMMISSIONER? ACTION ITEMS. UH, DIRECTOR'S REPORT.
I WILL NOW ADJOURN THIS MEETING.