[1. CALL TO ORDER] [00:00:05] GOOD MORNING, EVERYONE, AND WELCOME TO THE MERCED PLANNING COMMISSION MEETING. I'D LIKE TO CALL THIS MEETING TO ORDER. WOULD EVERYBODY 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. THANK YOU. ROLL CALL OF COMMISSIONERS, PLEASE. COMMISSIONER JAWAD. HERE HERE. VICE CHAIRMAN TATUM. HERE HERE. MR. CHAIR, YOU HAVE A QUORUM. ALL RIGHT. THANK YOU. ON TO THE PLANNING THE MINUTES OF THE MEETING. [4. APPROVAL OF MINUTES] AT THIS TIME, I'D LIKE TO OPEN UP THE FLOOR TO ANYBODY WHO WOULD LIKE TO SPEAK TO THE MINUTES OF OUR MEETING OF AUGUST 26TH. I SEE NONE. I WILL CLOSE THE PUBLIC COMMENT ON THAT AND MOVE FOR A MOTION TO APPROVE MINUTES. MOVE TO APPROVE. SECOND. WE HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR? AYE. ANY OPPOSED? SO MOVED. AT THIS TIME I'D LIKE TO OPEN UP THE FLOOR TO PUBLIC COMMUNICATIONS. THIS TIME, IF ANYBODY HAS ANYTHING THEY WANT TO BRING TO THE PLANNING COMMISSION THAT IS OF INTEREST OR IN WHICH WE HAVE JURISDICTION OVER. THAT'S NOT ON THE AGENDA. THIS IS YOUR TIME TO SPEAK ON THAT. I SEE NONE. I WILL CLOSE THE PUBLIC COMMENT PORTION AND MOVE ON TO PUBLIC HEARING. [6. PUBLIC HEARING(S)] MR. CHAIR. I HAVE TO DECLARE A CONFLICT ON THIS ITEM AS I HAVE DONE BUSINESS WITH THIS PROPERTY. SO I'M GOING TO RECUSE MYSELF AT THIS TIME. ALL RIGHT. THANK YOU COMMISSIONER. OKAY. ON TO THE FIRST ITEM. THE ZV26-005. THANK YOU CHAIR. GOOD MORNING COMMISSIONERS. MY NAME IS ANA BROWNING AND THE FIRST PROJECT BEFORE YOU TODAY IS ZONE VARIANCE NUMBER ZV26-005 AND MINOR SUBDIVISION NUMBER MS26-007 FOR THE APPLICANT, ABEL GOMES. THE PROJECT IS A REQUEST TO VARY FROM THE 200 FOOT AGRICULTURAL BUFFER BY 93FT TO CREATE A 1.52-ACRE HOME SITE PARCEL FROM AN APPROXIMATELY 51-ACRE PARCEL, RESULTING IN PARCEL 1, A 1.5 TO NET ACRE HOME SITE PARCEL AND REMAINDER PARCEL APPROXIMATELY 46.69 ACRES. THE MERCED COUNTY ZONING CODE, SECTION 18.10.030, STATES THAT FOR AGRICULTURALLY ZONED PARCELS WITH ANY EXISTING HABITABLE STRUCTURE, ANY PARCEL RESULTING FROM DIVISION OR ADJUSTMENT SHALL HAVE THE BOUNDARIES OF THE PARCEL LOCATED AS TO PROVIDE A PHYSICAL SEPARATION OF 200FT, AS MEASURED FROM ANY EXISTING HABITABLE STRUCTURE TO ANY ABUTTING PARCELS USED FOR AGRICULTURAL PRODUCTION. THE APPLICANT PROPOSES TO VARY FROM THIS 200 FOOT BUFFER BY 93FT. THIS IS THE VICINITY OF THE PROJECT SITE HIGHLIGHTED IN RED. THE SITE CONSISTS OF ONE PARCEL LOCATED ON THE NORTH SIDE OF WEST PIONEER ROAD, APPROXIMATELY 0.87 MILES EAST OF SOUTH CANYON ROAD IN THE LOS BANOS AREA. THE PROJECT SITE CONSISTS OF TWO SINGLE FAMILY HOMES AND SEVERAL ACCESSORY STRUCTURES. WATER TO BOTH HOMES IS PROVIDED BY AN ON SITE DOMESTIC WELL, AND EACH HOME HAS ITS OWN SEPTIC SYSTEM TO MANAGE WASTE WATER. ACCESS TO THE SITE IS THROUGH TWO ACCESS DRIVEWAYS ONTO PIONEER ROAD, AND THE REMAINDER OF THE SITE IS MADE UP OF ORCHARDS. THE LOS BANOS CREEK RUNS ON THE EAST SIDE OF THE PROJECT SITE, AND THERE IS AN EXISTING IRRIGATION DITCH THAT CURRENTLY SEPARATES THE DEVELOPMENT FROM THE AGRICULTURAL OPERATIONS. THE SURROUNDING AREA IS MADE UP OF SIMILAR AGRICULTURAL LAND USES, SUCH AS DISPERSED RURAL RESIDENCES, ORCHARDS AND ROW CROPS, AND THE CITY OF LOS BANOS IS APPROXIMATELY 0.31 MILES EAST OF THE PROJECT SITE. THIS IS THE PROPOSED TENTATIVE MAP. PARCEL 1 HIGHLIGHTED IN BLUE. APPROXIMATELY. I'M SORRY. APPROXIMATELY 1.52 ACRES WOULD MAINTAIN A RURAL RESIDENCE AND FIVE ACCESSORY STRUCTURES. THE PROPOSED PARCEL WOULD MAINTAIN ITS OWN SEPTIC SYSTEM, AND THE EXISTING DOMESTIC WELL. ACCESS TO THE SITE WOULD CONTINUE TO BE OFF THE EXISTING DRIVEWAY ONTO PIONEER ROAD. THE REMAINDER PARCEL, HIGHLIGHTED IN RED, WOULD MAINTAIN THE OTHER RURAL RESIDENCE AND TWO ACCESSORY STRUCTURES. WASTEWATER WOULD CONTINUE TO BE MANAGED BY THE EXISTING SEPTIC SYSTEM, AND THE RURAL RESIDENTS WOULD HAVE WATER PROVIDED BY THE EXISTING WELL THAT WOULD REMAIN ON PROPOSED PARCEL 1 AS PER CONDITION NUMBER 8 FROM THE BUILDING AND SAFETY DIVISION. A NOTE SHALL BE PLACED ON THE FINAL MAP STATING THAT IN THE EVENT THAT ONE OF THE PARCELS IS SOLD, A SHARED WELL AGREEMENT SHALL BE RECORDED PRIOR TO THE FINAL SALE OF THE PARCEL. IF A SHARED WELL AGREEMENT CANNOT BE RECORDED THEN A NEW WELL SHALL BE DRILLED ON THE PROPOSED REMAINDER PARCEL. HERE IS A CLOSER LOOK AT THE TENTATIVE MAP SHOWING THE EXISTING DEVELOPMENT ON SITE. AS YOU CAN SEE, THE HOME ON PROPOSED PARCEL 1 WOULD BE APPROXIMATELY 107FT AWAY FROM THE SOUTHERN PROPERTY LINE OF THE REMAINDER PARCEL. [00:05:03] THE PROJECT IS CONSISTENT WITH APPLICABLE GENERAL PLAN POLICIES REGARDING THE FACILITATION AND PRESERVATION OF AGRICULTURAL USES. THE PROJECT IS ALSO CONSISTENT WITH THE APPLICABLE PROVISIONS OF THE SUBDIVISION MAP ACT AND TITLE 17. IN COMPLIANCE WITH POLICY, AG-3.12 STAFF HAS RECOMMENDED THE FINAL MAP. INCLUDE A NOTE STATING THAT ANY NEW RESIDENCES WILL REQUIRE A CONDITIONAL USE PERMIT FROM THE COUNTY. THE PROJECT IS ALSO CONSISTENT WITH THE MERCED COUNTY ZONING CODE IN ACCORDANCE WITH SECTION 18.10.030. THE HOMESTEAD PARCEL MAY BE SECTIONED OFF AND IS EXEMPT FROM THE MINIMUM PARCEL SIZE REQUIREMENT BY SATISFYING THE FOLLOWING REQUIREMENTS. ONE THE PORTION OF THE PARCEL WHICH DOES NOT CONTAIN THE DWELLING, MEETS THE MINIMUM PARCEL SIZE REQUIREMENT OR IS COMBINED WITH AN ABUTTING PARCEL TO CREATE A PARCEL WHICH MEETS THE MINIMUM PARCEL SIZE REQUIREMENT. IN THIS CASE, THE REMAINDER PARCEL WOULD EXCEED THE 20 ACRE MINIMUM PARCEL SIZE FOR THE A1 ZONE. NUMBER TWO THE PARCEL WITH THE RESIDENCE IS NOT LESS THAN ONE NET ACRE AND NOT MORE THAN FIVE NET ACRES IN SIZE. THE PROPOSED HOME SITE PARCEL IS 1.52 NET ACRES, AND THE PROPERTY OWNER HAVE LIVED AT THE RESIDENCE FOR AT LEAST TEN YEARS AND HAVE PROVIDED DOCUMENTATION. PURSUANT TO THE MERCED COUNTY ZONING CODE, SECTION 18.126.050 AND GOVERNMENT CODE SECTION 65906. A VARIANCE MAY ONLY BE APPROVED AFTER THE PLANNING COMMISSION MAKES THE FOLLOWING REQUIRED FINDINGS. THESE CAN BE FOUND ON PAGE NINE OF THE STAFF REPORT. TO QUICKLY SUMMARIZE, THERE ARE SPECIAL CIRCUMSTANCES TO THE SUBJECT PROPERTY DUE TO THE EXISTING LOCATION OF THE DWELLING, THE CONFIGURATION OF THE PROPOSED PARCEL AND THE LOCATION OF THE AGRICULTURAL AREA TO THE NORTH. STRICT APPLICATION OF THE REQUIRED 200 FOOT AGRICULTURAL SEPARATION WOULD REQUIRE THE PROPOSED PARCEL 1 TO EXTEND FARTHER INTO THE AGRICULTURAL AREA. 2. STRICT CONFORMANCE WITH THE 200 FOOT BUFFER WOULD NECESSITATE MOVING THE PROPOSED PARCEL 1 BOUNDARY FARTHER INTO THE AGRICULTURAL PORTION OF THE PROPERTY, THEREBY REDUCING THE AREA AVAILABLE FOR AGRICULTURAL PRODUCTION AND CREATING AN UNNECESSARILY INEFFICIENT PARCEL CONFIGURATION. THE REQUESTED VARIANCE WOULD INSTEAD ALLOW THE EXISTING DWELLING TO BE INCORPORATED INTO A REASONABLY SIZED, 1.52 ACRE HOME SITE PARCEL THAT MEETS THE STANDARDS OF THE ZONING CODE, WHILE PRESERVING APPROXIMATELY 46.69 ACRES AS A LARGER AGRICULTURAL REMAINDER PARCEL. NUMBER 3. APPROVING THE VARIANCE WOULD NOT CONSTITUTE A SPECIAL PRIVILEGE. THE VARIANCE WOULD NOT AUTHORIZE ADDITIONAL RESIDENTIAL DEVELOPMENT, AGRICULTURAL PROCESSING OR ANY OTHER USE BEYOND THOSE OTHERWISE PERMITTED BY THE APPLICABLE ZONING REGULATIONS. AND FINALLY, THE VARIANCE WOULD NOT ALLOW USE THAT IS NOT ALREADY AUTHORIZED AND PERMITTED BY THE ZONING. THE PROPOSED VARIANCE ONLY MODIFIES THE REQUIRED PHYSICAL SEPARATION BETWEEN THE EXISTING HABITABLE STRUCTURE AND THE BOUNDARY OF THE PROPOSED LAND USE FOR AGRICULTURAL PRODUCTION. IT DOES NOT AUTHORIZE A NEW OR OTHERWISE PROHIBITED LAND USE, NOR DOES IT WAIVE ANY OTHER APPLICABLE ZONING, BUILDING HEALTH, SAFETY OR AGRICULTURAL REQUIREMENTS. STAFF HAS DETERMINED THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 1516. 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 AGRICULTURAL SUBDIVISIONS WERE LESS THAN SIGNIFICANT WHEN NO NEW RESIDENCES ARE PROPOSED. THE REMAINDER PARCEL WOULD EXCEED THE MINIMUM PARCEL SIZE REQUIREMENT FOR LAND DESIGNATED AGRICULTURAL AND PARCEL 1 WOULD BE EXEMPT PURSUANT TO SECTION 18.10.030. FURTHER ANALYSIS THAT SUPPORTS THIS DETERMINATION CAN BE FOUND IN ATTACHMENT C OF THE STAFF REPORT. NOTICE OF THE PUBLIC HEARING WAS PUBLISHED IN THE MERCED COUNTY TIMES AND MAILED TO PROPERTY OWNERS WITHIN 300FT OF THE PROJECT SITE ON AUGUST 27TH, 2026. NO COMMENTS WERE RECEIVED. FINALLY, STAFF HAS TWO RECOMMENDATIONS. NUMBER ONE, DETERMINE THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 SUBSEQUENT EIRS OF 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 APPROVED ZONE VARIANCE NUMBER ZV26-005 AND MINOR SUBDIVISION NUMBER MS26-007. BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL. THIS CONCLUDES STAFF'S PRESENTATION. THANK YOU ANA. ANY QUESTIONS FROM COMMISSIONERS? THERE'S A DWELLING ON PARCEL 1 AND THEN ONE ON PARCEL 2. AND THEY'RE SHARING THE WELL CURRENTLY? THEY ARE CURRENTLY SHARING THE WELL, YES. AND THEN THE IF THIS IS ALLOWED TO, THEY'RE GOING TO PARCEL IT OFF AND THERE'S GOING TO BE VERBIAGE IN PLACE TO WHERE IF ONE OF THEM SOLD, THEY WOULD BE REQUIRED. YOU SAID, WAS IT TO RECORD AN EASEMENT OF A SHARED WELL OR WAS IT TO CREATE A NEW WELL? [00:10:03] THEY HAVE BOTH OPTIONS, EITHER RECORD A SHARED WELL AGREEMENT TO CONTINUE SHARING THE WELL BETWEEN THE TWO HOMES OR DRILL A NEW WELL. I SEE. OKAY. THANK YOU. THANK YOU. ANYBODY ELSE? NONE. SEEING NONE. I WILL NOW OPEN UP THE FLOOR FOR PUBLIC COMMENT. THIS IS YOUR TIME TO SPEAK. IF ANYBODY WOULD LIKE TO SPEAK ON THIS ITEM STEP FORWARD, PLEASE STATE YOUR NAME AND YOUR ADDRESS. OKAY. SEEING NONE, I WILL NOW CLOSE THE PUBLIC COMMENT AND MOVE ON FOR A MOTION. MR. CHAIR I'LL MAKE THAT MOTION. THANK YOU. TO DETERMINE THAT 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, ENVIRONMENTAL IMPACT REPORT AND THE ATTACHED CEQA GUIDELINES. SECTION 15162. FINDINGS AND ANALYSIS. SECOND WE HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR? AYE. ANY OPPOSED? MOTION MOVED ON TO THE PROJECT DETERMINATION. CAN I GET A MOTION THERE? CERTAINLY. MOTION TO APPROVE ZONE VARIANCE ZV26-005. MINOR SUBDIVISION NUMBER MS26-007. BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL. SECOND ALL THOSE IN FAVOR? AYE. ANY OPPOSED? A MOTION MOVED. OKAY, ON TO OUR NEXT ITEM. CUP24-015. GOOD MORNING. BEFORE THIS MORNING IS CONDITIONAL USE PERMIT NUMBER CUP24-014 IS FOR THE GEMPERLE MANURE PELLETIZING FACILITY. THE PROPERTY OWNER AND THE APPLICANTS ARE THE GEMPERLE FAMILY FARMS, WHICH IS ALSO THE GEMPERLE BROTHERS. THE PROJECT IS TO CONSTRUCT AND OPERATE AN ORGANIC MANURE PROCESSING FACILITY. IT'S PROPOSING TO REUSE A FORMER DAIRY FACILITY. THE FACILITY IS LOCATED NORTH OF HILMAR, LOCATED ON THE SOUTH SIDE OF FOWLER AVENUE, WEST OF LANDER AVENUE. THE PROJECT IS GOING TO. IT'S GOING TO [INAUDIBLE] 8 ACRES, 8 ACRES OF THE 20 ACRE PARCEL. THEY'RE PROPOSING TO CONSTRUCT THREE PRIMARY BUILDINGS THAT TOTAL 162,000FT² WITH A PELLETIZING PLANT. THAT'S APPROXIMATELY 36 TO 39,000FT². THEY'RE STILL TRYING TO FINALIZE THE DESIGN, SO THEY DON'T KNOW THE EXACT SQUARE FOOTAGE YET. THERE WILL BE ACCESSORY, ACCESSORY, OR OTHER TYPES OF MECHANICAL EQUIPMENT REQUIRED FOR PROCESSING THE MANURE FERTILIZER PRODUCTS WITH ASSOCIATED EQUIPMENT, INTERNAL DRIVEWAYS, PARKING, UTILITIES AND SUPPORTING INFRASTRUCTURE NECESSARY. THIS IS THE VICINITY. AERIAL POINT OF VIEW. AS YOU CAN SEE AROUND THE SITE, THERE'S MOSTLY FARMS IN THE NEARBY AREA. THE SITE AS MENTIONED IS BORDERS FOWLER AVENUE ON THE NORTH, THERE'S JOHNSON AVENUE TO THE SOUTH. AND IN THE DISTANCE IS THE TURLOCK GOLF CLUB, THE AERIAL SITE OF THE PROJECT. AS YOU SEE, IT'S A FORMER DAIRY FACILITY. YOU CAN SEE THE LAGOON IN THE LOWER PORTION OF THE PROPERTY HERE, BUT THAT'S THE ORIGINAL STALLS FOR THE DAIRY, FOR THE COWS. THE ACTUAL PROJECT SITE IS WHERE THE LOGO IS THAT'S MENTIONED IN THE SOUTHERN PART OF THE PROPERTY. AND THE EMPTY VACANT FIELD AREA. THIS IS A ZOOMED IN AREA OF THE FACILITY. YOU CAN SEE THE LOCATION WHERE THEY ARE PROPOSING TO BUILD THE THREE BUILDINGS WITH THE PROCESSING FACILITY IN THE MIDDLE OF THE TOP, TOP TWO BUILDINGS THERE. THIS IS THE ELEVATIONS OR THE SITE PLAN OF THE ELEVATIONS OF THE BUILDINGS THEY'RE PROPOSING. THEY'RE STANDARD AGRICULTURAL LOOKING BUILDINGS THAT BLEND IN WITH THE NEIGHBORING NEARBY AREA. THE PROJECT IS CONSISTENT WITH THE GENERAL PLAN GOAL LU-2 AND POLICIES LU-2.5 DUE TO THE PROPOSED FACILITY PROPOSING TO USE THAT'S CONSISTENT WITH THE MERCED COUNTY AGRICULTURAL ELEMENT AND REUSING OF A FORMER DAIRY FACILITY, A USE THAT WOULD BE USING A BYPRODUCT OF A NEIGHBORING AGRICULTURAL FACILITIES THAT ACTUALLY THE APPLICANT DOES OWN AS WELL. THE PROJECT IS ALSO CONSISTENT WITH AIR QUALITY ELEMENT GOAL AQ-2 AND ALSO SUBSEQUENT POLICIES AQ-2.3 AND AQ-2.5. THE PROJECT IS CONSISTENT ALSO WITH THE ZONING CODE. [00:15:04] THE. THE PROPERTY IS ZONED A-1 WHICH ALLOWS FOR FARMING OPERATIONS OF THIS TYPE. THE OPERATION IS A COMMERCIAL AND INDUSTRIAL USE WHICH WOULD BE CLASSIFIED AS A FERTILIZER/MANURE STORAGE FACILITY AS DEFINED AS DEFINED UNDER ZONING CODE. A FACILITY THAT STORES BULK FERTILIZER AND ANIMAL MANURES PURSUANT TO 18.200.060. THE USE CAN BE CONSIDERED WITH THE CONSIDERATION OF A CONDITIONAL USE PERMIT. AS WE'RE DOING THIS MORNING, THE OFFSITE PARKING REGULATIONS, THE SITE WOULD REQUIRE UP TO EIGHT PARKING FACILITIES, WITH ONE ADA PARKING SPACE FOR A TOTAL OF EIGHT PARKING SPACES TOTAL, INCLUDING ONE ADA. THERE ARE NO CUSTOMERS THAT ARE ANTICIPATED TO VISIT THE FACILITY. THE PROPERTY IS ACTUALLY ALSO ZONED OR NOT ZONED IS UNDER THE WILLIAMSON ACT. CURRENTLY THE FACILITY WOULD BE CONSIDERED A COMPATIBLE USE UNDER THE WILLIAMSON ACT RULES AND REGULATIONS OF THEIR CONTRACTS. THE INITIAL STATEMENT BUT BECAUSE OF THAT, NONAGRICULTURAL USE IS A SUPPORTING USE OF A NEIGHBORING, NEIGHBORING AG PRODUCT. THAT'S WHY IT CAN BE CONSIDERED SUPPORTIVE, AND COMPATIBLE, AND THAT'S WHY THAT'S NOT CONSIDERED A VIOLATION OF THE WILLIAMSON ACT CONTRACT. AS FOR PUBLIC COMMENT, THE INTENT WAS PUBLISHED IN THE COUNTY WAS PUBLISHED ON THE COUNTY'S WEBSITE ON JULY 16TH, 2026. STAFF CIRCULATED THIS INTENT ON JULY 16TH AND JULY 17TH OF 2026. 300 NOTICES WERE MAILED OUT TO THE NEIGHBORING PROPERTY OWNERS AS WELL AS POSTED ON THE COUNTY WEBSITE. THE. THE NOTICE WAS ALSO PUBLISHED WITHIN THE WEST SIDE EXPRESS AS WELL AS THE MERCED COUNTY TIMES. NOTICE OF INTENT WAS OPEN FOR A 30-DAY COMMENT PERIOD ON THE ON THE STATE'S CEQANET OR STATE CLEARINGHOUSE WEBSITE, AS WELL AS ON THE COUNTY'S WEBSITE. AND THAT PROCESS BEGAN ON JULY 30TH AND ENDED ON JULY OR AUGUST 28TH. TWO COMMENTS WERE RECEIVED. ONE WAS FROM THE DEPARTMENT OF CONSERVATION AND THE OTHER WAS FROM THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT. BOTH OF THOSE COMMENT LETTERS WERE ADDRESSED IN THE STAFF REPORT. PUBLIC NOTICES FOR THE PROJECT SITE WERE POSTED. WERE POSTED ON AUGUST 26TH AND AUGUST 27TH. THEY AGAIN WERE BOTH PUBLISHED IN THE COUNTY TIMES AND THE WESTSIDE EXPRESS, WITH, AGAIN, 300 NOTICES GOING OUT TO NEIGHBORING PROPERTY OWNERS. NO COMMENTS WERE RECEIVED WITH THE SECONDARY NOTICES. EXCUSE ME IT WAS EVALUATED FOR POTENTIAL SIGNIFICANT IMPACTS OF THE PROJECT. MITIGATION MEASURES WERE IDENTIFIED TO ADDRESS POTENTIAL IMPACTS ON BIOLOGICAL RESOURCES, CULTURAL RESOURCES AND NOISE MITIGATION MEASURES THAT WERE IDENTIFIED WERE ALSO INCORPORATED INTO CONDITIONS OF APPROVAL WITHIN THE STAFF REPORT. AS PREVIOUSLY MENTIONED, THE NOTICE OF INTENT WAS CIRCULATED ON JULY 16TH TO LOCAL AND STATE AGENCIES INTERESTED PARTIES. THE SB 52, WHICH IS THE TRIBAL CONSULTATION, WAS ALSO INITIALLY STARTED AS WELL AS THE NEIGHBORING PROPERTY OWNERS. THE PUBLIC PERIOD CONCLUDED ON AUGUST 28TH. THE DOCUMENT WAS FILED WITH THE COUNTY WEBSITE AND THE COUNTY CLERK. THE NOI WAS POSTED ON STATE CLEARINGHOUSE WEBSITE WITH AN SCH NUMBER OF 02 OR 2026071201. WITH THESE ACTIONS, THE COUNTY SATISFY THE NECESSARY REQUIREMENTS WITH. WITH BEING THE TWO COMMENTS RECEIVED THAT WERE AS THE MITIGATION MONITORING PROGRAM WAS PREPARED AND IS ATTACHED TO THE STAFF REPORT. THE MITIGATION HELPS AVOID ANY SIGNIFICANT EFFECTS ENVIRONMENTALLY THAT THE PROJECT MAY CREATE. THE MEASURES INCORPORATED WERE DONE SO AS THE CONDITIONS OF APPROVAL. THEY DO ASSIST WITH AVOIDING SIGNIFICANT AND ADVERSE EFFECTS. I WAS MENTIONING THE ALL THE PUBLIC AGENCIES, INCLUDING TRIBAL CONSULTATION WERE NOTIFIED AND THEY WERE ALSO MENTIONED IN THE MITIGATION MONITORING REPORT. AS PHYSICAL FINDINGS THEY KIND OF. KIND OF EVALUATE POTENTIAL ENVIRONMENT EFFECTS. AS I MENTIONED BEFORE, THE EVALUATION WAS COMPLETED THROUGH THE PREPARATION OF A NEGATIVE DECLARATION, THE NO. ADDITIONALLY, NO POTENTIAL IMPACTS WERE IDENTIFIED THROUGH THIS REVIEW PROCESS. AS MITIGATE AND OR CONDITION. THE PROJECT WOULD WOULDN'T BECOME A NUISANCE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY OR GENERAL WELFARE OF THE NEIGHBORING AREA OR THE COUNTY. AS MITIGATE OR CONDITION. THE IT IS CONSIDERED COMPATIBLE WITH THE SURROUNDING LAND USES AND NO SIGNIFICANT INFORMATION PURSUANT TO [00:20:08] CEQA SECTION 15073.5 WAS RECEIVED. ADDITIONALLY, AS MENTIONED THAT THE FACILITY ACTUALLY IS AND WOULD BE CONSIDERED A BENEFIT TO THE AREA AND COMPATIBLE DUE TO THE FACT THAT THE APPLICANT HAS NEIGHBORING FACILITIES THAT WOULD BE BRINGING THE MANURE INTO THE FACILITY TO HELP WITH THE PELLETIZING. SO THERE'S A ACTUALLY A REDUCED AMOUNT OF TRAFFIC IMPACT DUE TO THE NEIGHBORING PROPERTIES HAVING THE PRODUCT BEING BROUGHT OVER TO THIS FACILITY TO HELP WITH THAT PELLETIZING FACILITY OR PELLETIZING PRODUCT. AT THIS TIME, STAFF RECOMMENDS THAT THE COMMISSION ADOPT MITIGATION DECLARATION SCH 2026071201 AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE FOR THE PROJECT PURSUANT TO SECTION 15074. CONSIDERATION AND ADOPTION OF A NEGATIVE DECLARATION OR A NEGATIVE DECLARATION OF THE CEQA GUIDELINES AND THE CEQA FINDINGS DESCRIBED WITHIN THE STAFF REPORT. ADDITIONALLY, STAFF RECOMMENDS THAT THE COMMISSION APPROVE CONDITIONAL USE PERMIT 24-014 BASED UPON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL AND FINDINGS AS OUTLINED IN SECTION 18.116.040 AND DESCRIBED WITHIN THE STAFF REPORT. THIS CONCLUDES STAFF'S REPORT AT THIS TIME. DOES ANY QUESTIONS OF THE COMMISSION? THANK YOU MARK. ANY QUESTIONS FROM THE COMMISSIONERS FOR MARK? ARE THERE ANY SUBSIDIES THAT ARE GIVEN FOR THE WILLIAMSON ACT, STATE OR COUNTY? I DO KNOW THE APPLICANT HAS APPLIED FOR A GRANT THROUGH THE USDA, SO THEY DO NEED THIS APPLICATION TO HELP WITH THAT GRANT APPLICATION THEY'VE APPLIED FOR THROUGH THE USDA FOR THOSE KIND OF RESOURCES. I'M NOT AWARE OF ANY OTHER COUNTY RESOURCES PER SE THAT I'M AWARE OF. ANY STATE INCENTIVES FOR THE WILLIAMSON ACT OR COUNTY INCENTIVES FOR THE WILLIAMSON ACT, FOR ANYONE TO EVEN BE IN NOT THAT I'M AWARE OF. NO. THE ONLY THING I'M AWARE OF IS WITH WILLIAMSON ACT IS THEY DO GET REDUCTION OF THEIR PROPERTY TAXES. THAT'S THE ONLY THING I'M AWARE OF. MARK, MAYBE EXPAND FURTHER ON THAT. THERE'S NOT THAT I AM AWARE OF, BUT WE CAN DEFINITELY LOOK INTO THAT AND LET YOU KNOW. ALL RIGHT. ANY MORE QUESTIONS FOR MARK? NONE. OKAY. AND WE'LL OPEN UP THIS ITEM. PUBLIC COMMENT. SO IF ANYBODY WOULD LIKE TO SPEAK ON THIS ITEM, PLEASE STEP FORWARD. STATE YOUR NAME AND ADDRESS. YOU HAVE THREE MINUTES. OKAY. SEEING NONE, I WILL CLOSE THE PUBLIC COMMENT AND MOVE ON FOR A MOTION. YES. I'LL MAKE THE MOTION TO ADOPT A MITIGATED NEGATIVE DECLARATION SCH NUMBER 2026071201. AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PROJECT PURSUANT TO SECTION 15074 CONSIDERATIONS AND ADOPTION OF THE NEGATIVE DECLARATION OF MITIGATION AND NEGATIVE DECLARATION OF THE CEQA GUIDELINES AND THE CEQA FINDINGS DESCRIBED IN THE STAFF REPORT. IN THE PREPARED STAFF REPORT. SECOND. OKAY. WE HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR? AYE. ANY OPPOSED? MOTION MOVED. ON TO PROJECT DETERMINATION, PLEASE. YES. I'LL ALSO MAKE THE MOTION APPROVING CONDITIONAL USE PERMIT APPLICATION NUMBER CUP24-014 BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL AND FINDINGS, AS OUTLINED IN SECTION 18-116-040 AND DESCRIBED WITHIN THE PREPARED STAFF REPORT. SECOND. OKAY. WE HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR? AYE. ANY OPPOSED? MOTION PASSED. THANK YOU EVERYONE. DO WE HAVE ANY COMMISSION ACTION ITEMS? NONE. DIRECTOR'S REPORT. SEEING NONE. THIS MEETING IS NOW ADJOURNED. THANK YOU EVERYONE. * This transcript was compiled from uncorrected Closed Captioning.