[00:00:02]
WE'RE GONNA GO AHEAD AND CALL THIS MEETING TO ORDER AT 9:00 AM.
MR. CHAIR, WOULD YOU LIKE TO LEAD US IN THE PLEDGE? AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
GO AHEAD AND MOVE ON TO ITEM THREE, ROLL CALL OF COMMISSIONERS.
WE'RE GONNA LOOK AT, UH, PARDON ME,
[4. APPROVAL OF MINUTES]
APPROVAL OF THE MINUTES.AND WHAT I'D LIKE TO DO IS SEE IF ANYBODY HAS ANY QUESTIONS, COMMENTS ON THE MINUTES BEFORE WE LOOK AT THEM.
WELL, THAT'S WHAT I WAS DOING.
UM, YOU'RE LOOKING AT THE BOARD MEMBERS.
I'M SORRY, WHO MADE THE MOTION? YEAH, MOVE TO APPROVE.
WE'LL GO AHEAD AND MOVE ON TO PUBLIC COMMENT.
THIS IS THE PUBLIC OPPORTUNITY TO ADDRESS THE PLANNING COMMISSION ON ANY ITEM OF INTEREST OVER WHICH THE PLANNING COMMISSION HAS JURISDICTION THAT IS NOT ON THE AGENDA.
DOES ANYONE LIKE TO COMMENT ON ANYTHING WE DO NOT HAVE THAT IS NOT ON THE AGENDA, RATHER? NO.
SEEING NONE, WE'LL GO AHEAD AND CLOSE THE PUBLIC COMMENT AND MOVE ON TO
[6. PUBLIC HEARING(S)]
OUR FIRST PUBLIC HEARING.ADMINISTRATIVE PERMIT NUMBER AA26004 FOR SENSIAT AGRICULTURE INGREDIENTS LLC HAS BEEN CONTINUED TO THE PLANNING COMMISSION MEETING ON DECEMBER 2ND.
WE'LL GO AHEAD AND MOVE ON TO OUR SECOND ITEM, ZONING VARIANCE NUMBER ZV26006, MINOR SUBDIVISION NUMBER MS26012 FOR SIERRA VISTA DAIRY.
MY NAME IS RICARDO MERCADO AND I'M THE PROJECT PLANNER FOR ZONING VARIANCE ZV26006 MINOR SUBDIVISION MS26-0112 FOR THE APPLICANT SIERRA VISTA DAIRY.
THE PROJECT IS A REQUEST TO VARY FROM THE A2 EXCLUSIVE AGRICULTURAL ZONES, UH, MINIMUM PARCEL SIZE OF 160 ACRES.
UH, FURTHERMORE, THE PROJECT IS A REQUEST TO SUBDIVIDE, UH, THE EXISTING 160 ACRE, UH, PARCEL INTO TWO PARCELS RESULTING IN PARCEL A, 105 ACRES, UM, AND PARCEL B APPROXIMATELY 100, UH, 54 ACRES.
UH, THE SITE IS DESIGNATED AGRICULTURAL LAND USE IN THE GENERAL PLANT AND ZONE A2 EXCLUSIVE AGRICULTURAL.
HERE WE HAVE A VICINITY OF THE PROJECT SITE.
UH, PROJECT SITE IS OUTLINED IN RED AND CONSISTS OF ONE LEGAL PARCEL, APPROXIMATELY 160 ACRES IN SIZE, AND IT'S LOCATED ON THE SOUTH SIDE OF MONTE VISTA AVENUE, APPROXIMATELY TWO MILES EAST OF LOONEY ROAD IN THE SNELLING AREA.
UH, THE SITE IS CURRENTLY DEVELOPED WITH THE RURAL RESIDENCE, UH, ORCHARDS, UH, AND IS GENERALLY FLAT IN TOPOGRAPHY.
UH, THE RURAL RESIDENCE HAS AN ONSITE, UH, WELL THAT PROVIDES WATER IN THE SEPTIC SYSTEM THAT MANAGES WASTEWATER.
ACCESS TO THE PROPERTY IS LOCATED ALONG MONTE VISTA AVENUE WHILE THE HOME SITE CAN BE REACHED, UH, BY DRIVING ALONG AN UNIMPROVED ACCESS ROAD THAT LEADS THROUGHOUT MULTIPLE AREAS OF THE PARCEL.
ADDITIONALLY, DRY CREEK CAN BE FOUND ALONG A PORTION OF THE SOUTH END OF THE PARCEL.
THE PROJECT SITE AND SURROUNDING AREA IS GENERALLY FLAT IN TOPOGRAPHY AND CHARACTERIZED BY AGRICULTURAL LAND USES SUCH AS ORCHARDS, ANIMAL CONFINEMENT FACILITIES, ROW CROPS, AND DISPERSED RURAL RESIDENCES.
THIS NEXT SLIDE, WE HAVE THE TENTATIVE PARCEL MAP, WHICH DISPLAYS THE TWO PROPOSED PARCELS.
UH, PROPOSED PARCEL A WOULD MAINTAIN THE EXISTING ORCHARD OPERATION, UH, IN AN OFFICE DEVELOPMENT.
ADDITIONALLY, IT WOULD, UH, RETAIN AN AGRICULTURAL WELL AND ITS ASSOCIATED EQUIPMENT AND A LARGE DOMESTIC WELL THAT WAS PREVIOUSLY USED FOR AG WORKER HOUSING.
PROPOSED PARCEL B WOULD MAINTAIN THE EXISTING RESIDENCE WITH ITS ACCESSORY STRUCTURES, UH, ITS ONSITE SEPTIC SYSTEM AND PRIVATE DOMESTIC WELL, ALONG WITH A SMALL PORTION OF THE LAND, UH, FOR FREE GRAZING CATTLE.
[00:05:03]
THE PROJECT IS FOUND CONSISTENT WITH THE APPLICABLE GENERAL PLAN POLICIES REGARDING THE FACILITATION AND PRESERVATION OF AGRICULTURAL USES, UH, WITH THE EXCEPTION OF MEETING THE MINIMUM PARCEL SIZE AND THE A2 EXCLUSIVE AGRICULTURAL ZONE.THE PROJECT IS ALSO FOUND CONSISTENT WITH THE APPLICABLE PROVISIONS OF THE SUBDIVISION MAP ACT AND TITLE 17.
IN COMPLIANCE WITH POLICY AG 3.12, UH, STAFF HAS RECOMMENDED THAT THE FINAL MAP INCLUDE A NOTE STATING THAT ANY NEW RESIDENTS WOULD REQUIRE A CONDITIONAL USE PERMIT FROM THE COUNTY.
UH, CONTINUING PROJECT CONSISTENCY, UH, THE PROJECT WAS NOT FOUND CONSISTENT WITH THE DEVELOPMENT STANDARDS OF THE MERCED COUNTY ZONING CODE, TITLE 18, AGAIN, BY NOT MEETING THE MINIMUM PARCEL SIZE IN THE A2 EXCLUSIVE AGRICULTURAL ZONE, UH, WHICH IS WHY THE APPLICANT HAS REQUESTED THE ZONE VARIANCE TO SEEK RELIEF FROM THIS STANDARD.
MOVING FORWARD, WE REACHED THE, UH, REQUIRED FINDINGS THAT THE, UH, VARIANCE REQUESTS MUST MAKE, AND THEY ARE AS FOLLOWS.
ONE, UH, THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS APPLICABLE TO THE SUBJECT PROPERTY, UH, SUCH AS LOCATION, SHAPE, SIZE, SURROUNDING, UH, TOPOGRAPHY AND OTHER PHYSICAL FEATURES THAT DID NOT APPLY TO GENERALLY TO OTHER PROPERTIES IN THE VICINITY UNDER IDENTICAL ZONING CLASSIFICATION.
UH, THE APPLICANT INDICATED THAT THE PARCELS CONTAINED SEVERAL UNIQUE PHYSICAL CONDITIONS THAT DISTINGUISH IT FROM SURROUNDING A2 PROPERTIES.
UH, PROPOSED PARCEL B IS BORDERED BY MATURE ESTABLISHED OAK TREES AND INCLUDE NATURAL DRAINAGE COURSES THAT DIRECT STORMWATER TOWARDS DRY CREEK.
THE LAND HAS NEVER BEEN CULTIVATED AND IS CURRENTLY USED FOR FREE GRAZING CATTLE, UH, WITH APPROXIMATELY 20 HEAD CONTAINED WITHIN AN EXISTING FENCED AREA THAT ALIGN WITH PROPOSED PARCEL B BOUNDARY.
UH, FINDING NUMBER TWO, STRICT COMPLIANCE WITH THE ZONING CODE REQUIREMENTS WOULD DEPRIVE THE SUBJECT PROPERTY OF PRIVILEGES ENJOYED BY OTHER PROPERTIES IN THE VICINITY UNDER, UH, IDENTICAL ZONING CLASSIFICATION.
UH, THE APPLICANT OFFERED THE JUSTIFICATION THAT STRICT ADHERENCE TO THE ZONING CODE WOULD DEPRIVE THE SUBJECT PROPERTY OF PRIVILEGES COMMONLY ENJOYED BY OTHER SIMILAR ZONE PARCELS IN THE VICINITY.
UH, NUMEROUS PARCELS WITHIN A TWO MILE RADIUS ARE ALREADY ESTABLISHED IN SIZE, DEMONSTRATING THAT, UH, ARE ALREADY SUBSTANDARD IN SIZE, CORRECTION THERE, UH, DEMONSTRATING THAT ALLOWING THIS REQUEST WILL NOT CREATE A SPECIAL PRIVILEGE, BUT WILL INSTEAD MAINTAIN CONSTI - CONSISTENCY WITH PARCEL PATTERNS IN THE AREA.
UH, TO SUPPLEMENT FINDING NUMBER TWO, THE APPLICANT SUPPLIED THE CIS MAP, UH, DEMONSTRATING THE OTHER SUBSTANDARD PARCELS IN MERCED COUNTY, SEVERAL WITHIN THAT TWO MI - TWO MILE RADIUS AS THEY MENTIONED.
UH, STAFF DID CONDUCT SOME RESEARCH TO DETERMINE WHAT MECHANISMS, WHAT MECHANISMS WERE USED TO CREATE THESE SUBSTANDARD PARCELS, UH, BUT WE WERE UNSUCCESSFUL FINDING ANY, UH, ON RECORD.
UH, STAFF, UH, ASSUMED THAT THESE PARCELS WERE LIKELY CREATED BY GRANT DEED PRIOR TO MERCED COUNTY, UH, SUBDIVISION CODE TITLE 17 OR THE SUBDIVISION MAP BACKS, UH, SO THAT'S A TIME WHEN NO, NO DEVELOPMENT STANDARDS ARE REALLY IMPOSED ON THE CREATION OF THESE PARCELS.
NUMBER THREE, UH, PROVING THE VARIANCE FOR MINOR DEVIATION WOULD NOT CONSTITUTE A GRANT AND SPECIAL PRIVILEGE INCONSISTENT WITH THE LIMITATIONS ON OTHER PROPERTIES IN THE SAME VICINITY AND ZONE IN WHICH THE SUBJECT PROPERTY IS SITUATED.
THE APPLICANT OFFER THAT THE REASONING THAT SINCE MANY OTHER SURROUNDING PARCELS WITHIN THE TWO MILE RADIUS OF THIS, OF THIS ONE ARE SUBSTANDARD PARCELS ALREADY, UH, THE APPROVAL OF THE VARIANCE WILL NOT CONSTITUTE A GRANT AND SPECIAL PRIVILEGE INCONSISTENT WITH THE LIMITATIONS ON OTHER PROPERTIES AND THE SURROUNDING AREA.
NUMBER FOUR, THE REQUESTED VARIANCE OR MINOR DEVIATION WOULD NOT ALLOW FOR A USE OR ACTIVITY THAT IS NOT OTHERWISE EXPRESSIVELY AUTHORIZED, UM, BY THE REGULATIONS GOVERNING THE SUBJECT PROPERTY.
THE REQUESTED VARIANCE WOULD NOT ALLOW OR USE OR ACTIVITY THAT'S NOT OTHERWISE EXPRESSLY AUTHORIZED BY THE REGULATIONS GOVERNING THE SUBJECT PARCEL AS ALL APPLICABLE ZONING AND PERMIT REQUIREMENTS STILL APPLY TO THE SUBJECT PROPERTY.
MOVING FORWARD TO ENVIRONMENTAL REVIEW, UH, STAFF HAS DETERMINED NO FURTHER ENVIRONMENTAL REVIEWS REQUIRED PURSUANT TO SECTION 15162.
SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS OF THE CEQA GUIDELINES.
UH, 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.
UH, THE DRAFT AND FINAL PROGRAM EIR CONCLUDED THAT THE IMPACT OF AGRICULTURAL SUBDIVISIONS WAS LESS THAN SIGNIFICANT WHEN NO NEW RESIDENCES WERE PROPOSED.
UH, IN THIS CASE, NO RESIDENTS OR DEVELOPMENT IS BEING PROPOSED.
UH, FURTHER ANALYSIS THAT SUPPORTS THIS DETERMINATION CAN BE FOUND IN ATTACHMENT C OF THE STAFF REPORT.
[00:10:03]
NOTICE OF THIS PUBLIC HEARING WAS PUBLISHED IN THE MERCED COUNTY TIMES AND MAILED TO ALL OWNERS OF THE PROPERTY LOCATED WITHIN 300 FEET, UH, OF THE PROJECT SITE ON OCTOBER 22ND, 2026.NO VERBAL WRITTEN COMMENTS WERE RECEIVED BY STAFF PRIOR TO THE COMPLETION OF THE STAFF REPORT.
STAFF HAS TWO RECOMMENDATIONS.
FIRST IS 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 PROGRAM ENVIRONMENTAL IMPACT REPORT AND THE ATTACHED CEQA GUIDELINES SECTION 15162 FINDINGS AND ANALYSIS.
AND TWO, TO APPROVE ZONE VARIANCE, UH, NUMBER ZV26-006 MINOR SUBDIVISION MS26-012 BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO RECOMMENDED CONDITIONS OF APPROVAL.
THIS NOW CONCLUDES STAFF'S PRESENTATION.
I'M AVAILABLE FOR QUESTIONS AND A MEMBER OF THE APPLICANT'S TEAM IS ALSO AVAILABLE IF YOU HAVE ANY QUESTIONS.
SINCE IT'S A PUBLIC HEARING, IS ANYONE LIKE TO SPEAK TO THIS ITEM? YEAH, PLEASE.
PLEASE STATE YOUR NAME FOR THE RECORD.
UH, THIS IS MY, MY BROTHER AND MY NEPHEW AND NIECE'S, UH, PROJECT HERE.
UH, UH, I JUST WANTED TO ASK A QUESTION.
WE'RE ZONED A2, UH, 160 ACRE LIMITATION.
UH, THE QUESTION IS HOW, HOW IS THIS PROPERTY, UH, I- I- IF YOU CHANGE IT AND DO THIS NEW, UH, VAR - GIVEN THE VARIANCE, HOW IS IT TREATED, UH, UH, HOW, HOW'S IT GONNA BE TREATED? IS IT HA - BASICALLY HAS THE SAME TAX BASE, EVERYTHING IS IN THAT REGARD IS THE SAME, I GUESS, OR IS IT JU - DOES IT GET ASSESSED DIFFERENTLY BECAUSE IT IS A SMALLER PARCEL AND IT IS SEPARATE? UM, ANYWAY, THAT'S, THOSE ARE, THAT, THAT, THAT'S THE BIG QUESTION.
HOW, HOW IS IT GONNA BE TREATED BECAUSE, UH, IT'S GONNA AFFECT ALL OF US OUT THERE? YEAH.
UH, WELL, THE ASSESSMENT WOULD CHANGE BECAUSE THERE'S GONNA BE TWO ASSESSMENT PARCEL NUMBERS NOW ASSIGNED TO EACH OF THE, UH, NEWLY CREATED ONES.
UH, AS FAR AS LIKE THE PARTICULARS ON WHAT THOSE NUMBERS WOULD LOOK LIKE, I THINK THAT WOULD BE A QUESTION FOR OUR ASSESSOR'S OFFICE.
UM, BUT YEAH, THERE WOULD BE TWO DIFFERENT ASSESSMENTS CREATED.
UM, WAS THERE ANOTHER QUESTION? I GUESS, I GUESS THAT ANSWERS IT.
UM, MY HUSBAND WARD JUST SPOKE TO YOU, SO WE LIVE IN THE SAME PROPERTY.
UM, MY QUESTION IS, UH, IN, IN BREAKING THIS OFF, WHAT WOULD BE THE, UM, EASEMENT FOR DRIVING INTO THAT PROPERTY THAT'S AT THE BACK OF, OF THE RANCH? I BELIEVE THERE'S ALREADY AN EASEMENT IN PLACE WITH THAT UNIMPROVED ROAD, UH, THAT I SPOKE ABOUT.
IF NOT, I BELIEVE, UM - THERE'S AN APPROVED ROAD? YEAH.
SO, UH - MAP OF THAT APPROVED ROAD? UH, UNA- UNAPPROVED, IS THAT WHAT YOU SAID? UNIMPROVED.
BUT DO YOU HAVE A, DO YOU HAVE A PICTURE OF THE, UH, EASEMENT OF HOW THAT ROAD WOULD BE USED? YOU KINDA SEE IT HERE, UH, ON, ON THE MAP.
UH, I'M GONNA GUIDE THE CURSOR JUST OVER IT, BUT IT STARTS RIGHT HERE ALONG MONTE VISTA AVENUE.
UH, YOU CAN KINDA SEE IT GUIDED DOWN HERE, RUNNING ALONG THE PROPERTY, UM, GOING OVER HERE TO THIS TOP END OF, LIKE, CREATED PARCEL B.
IS THIS THE NEW 50 ACRES RIGHT HERE IN THE MIDDLE OF THE SQUARE? CORRECT.
SO HOW DOES THAT ROAD GET TO THAT ROAD, TO THAT PLACE? YOU GET...
SO, SO FROM UP HERE, FROM MONTE VISTA AVENUE? I GOT MONTE VISTA.
IF NOT, UM, A MEMBER OF GOLDEN VALLEY ENGINEERING IS HERE.
I CAN PROBABLY SPEAK MORE ON THAT.
I'M WITH GOLDEN VALLEY ENGINEERING AND SURVEYING.
SO THAT LITTLE BOX THAT YOU'RE SEEING, IT'S ACTUALLY CALLED A DETAIL BOX.
SO WE HAVE A THIRD PAGE THAT'S JUST SHOWING THAT ZOOMED IN AREA.
SO WHAT YOU'RE ACTUALLY LOOKING AT IS THAT EASEMENT IS GOING TO CONNECT TO WHAT YOU SEE AS PROPOSED PARCEL B.
SO RIGHT WHERE IT MEETS THAT PROPERTY LINE, THAT'S WHERE THEY ENTER INTO THEIR PROPERTY.
THAT LITTLE BOX IS JUST FOR US TO SEE A CLOSE UP VIEW OF THE HOME SITE.
SO COULD YOU SHOW ME THE, THE ROAD THAT GOES TO THAT AREA?
[00:15:01]
'CAUSE YOU ONLY LEFT IT OFF RIGHT THERE.THE EASEMENT IS ONLY REQUIRED IN THAT PROPERTY BECAUSE THAT PROPERTY IS GRANTING ACCESS TO THE OWNER OF PARCEL B, UH, ACCESS INTO THEIR, THEIR PROPERTY.
SO IT ONLY NEEDS TO END UP THERE.
WHEREVER THEY DECIDE TO PUT THEIR ROAD FOR PROPOSED PARCEL B IS THEIR DECISION, BUT AS OF RIGHT NOW, IT DOES LOOK LIKE THERE IS A LITTLE DIRT ROAD.
YOU CAN KIND OF SEE IT FAINTLY TOWARDS THE NORTH SECTION OF PROPOSED PARCEL B.
CAN I HAVE A COPY OF THAT? SURE.
ANY OTHER QUESTIONS, MS. BURROUGHS? YEAH.
UM, COULD YOU JUST TELL ME WHY RIGHT NOW WE HAVE THE AGRICULTURAL AREA DESIGNATED AS 160 ACRES MINIMUM? I BELIEVE THAT IS JUST AT THE TIME OF, UH, OUR LAST GENERAL PLAN UPDATE, THAT'S JUST SOMETHING WE DESIGNATED, UH, FOR THE EXCLUSIVE AGRICULTURAL ZONE.
UM, USUALLY THEY'RE INTENDED FOR BIGGER AG OPERATIONS, UM, FOR THAT DESIGNATION.
SO WE DO HAVE TWO CURRENT DESIGNATIONS RIGHT NOW.
WE HAVE AN A1, UH, WHICH IS A 20 ACRE MINIMUM.
THEN WE DO HAVE THE A2, EXCLUSIVE AGRICULTURAL DESIGNATION.
UH, SO IT'S MOSTLY INTENDED FOR BIGGER OPERATIONS.THAT'S WHY IT'S, IT'S THE HIGHER JUMP IN, IN ACREAGE.
I WAS JUST COMPLETELY SURPRISED THAT THIS CAME UP BECAUSE WE'VE LIVED THERE OVER 52 YEARS AND WE'VE ASKED FOR A SMALLER PARCEL AND WE WERE ALWAYS DENIED THAT OVER THE LAST 52 YEARS.
SO I WAS JUST WONDERING WHY IS IT NOW OKAY TO BREAK UP 160 ACRES? THAT WAS MY QUESTION.
AND THEN TO MY HUSBAND'S QUESTION, UM, WE JUST WANNA MAKE SURE THAT THIS ISN'T GOING TO, UH, INCREASE THE VALUE OF OUR TAXES BECAUSE EVERY TIME A PROPERTY IS DESIGNATED NEW, DOESN'T IT CHANGE? THE PROPERTY TAXES? NOT A QUESTION FOR US.
YOU, IF YOU DON'T MIND, I'LL KIND OF INTERCEDE.
THAT WOULD NOT BE A QUESTION FOR US TO TACKLE.
IT WOULD BE MORE FOR THE ASSESSOR DOWNSTAIRS TO, TO ENLIGHTEN YOU AS TO HOW THAT MIGHT AFFECT YOU.
AS MENTIONED BEFORE, MY NAME IS NAOMI PORTILLO WITH GOLDEN VALLEY ENGINEERING AND SURVEYING LOCATED HERE IN MERCED AT 405 WEST 19TH STREET.
UM, WE ARE REPRESENTING OUR CLIENT, SIERRA VER - SIERRA VISTA DAIRY, AND THERE ARE JUST A FEW THINGS THAT I WOULD LIKE TO EMPHASIZE AS WE ARE RESPECTFULLY REQUESTING YOUR APPROVAL FOR THIS MINOR SUBDIVISION APPLICATION AND ZONE VARIANCE APPLICATION.
FIRST BEING THAT THE SUBJECT PROPERTY IS ZONED A2 AND CONTAINS UNIQUE PHYSICAL CHARACTERISTICS, INCLUDING MATURE OAK TREES AND NATURAL DRAINAGE COURSES THAT LEAD TO DRY CREEK.
THE PROPERTY HAS NEVER BEEN CULTIVATED AND IS CURRENTLY USED FOR FREE GA - FREE GRAZING CATTLE.
APPROVAL OF THE VARIANCE WOULD BE CONSISTENT WITH THE EXISTING PARCEL PATTERNS IN THE AREA.
UH, WITHIN A TWO MILE RADIUS, AS YOU SAW OF THE PROPERTY, THERE ARE APPROXIMATELY 22 SUBSTANDARD PARCELS, AND WITHIN A 2.49 MILE RADIUS OF THE PROPERTY, THERE ARE APPROXIMATELY 39 SUBSTANDARD PARCELS.
THESE EXISTING PARCELS DEMONSTRATE THAT THE PROPOSED VARIANCE WOULD NOT CREATE A SPECIAL PRIVILEGE, BUT RATHER MAINTAIN CONSISTENCY WITH ESTABLISHED DEVELOPMENT PATTERNS IN THE VICINITY.
ADDITIONALLY, THE PROPOSED PARCEL CONFIGURATION IS ALSO COMPATIBLE WITH SURROUNDING AGRICULTURAL USES, SUCH AS, UH, ORCHARDS, GRAZING OPERATIONS, AND OTHER AGRICULTURAL ACTIVITIES.
THE SUBDIVISION, THE PROPOSED SUBDIVISION WILL MAINTAIN THE AGRICULTURAL CHARACTER OF THE PROPERTY, UH, WHILE ALLOWING ITS CONTINUED PRODUCTIVE USE.
WE BELIEVE THE REQUIRED FINDINGS CAN BE MADE FOR BOTH THE VARIANCE AND MINOR SUBDIVISION.
THE PROJECT IS CONSISTENT WITH THE SURROUNDING AREA, COMPATIBLE WITH NEIGHBORING AGRICULTURAL USES, AND WILL NOT, UH, IMPACT ADJACENT PROPERTIES OR THE AGRICULTURAL INTEGRITY OF THE COMMUNITY.
APPROVAL OF THIS PROJECT SIMPLY ALLOWS THESE MERCED COUNTY PROPERTY OWNERS TO ACHIEVE THEIR GOALS WHILE PRESERVING THE EXISTING AGRICULTURAL CHARACTER OF THE AREA.
NO NEW INCOMPATIBLE USES ARE BEING INTRODUCED, AND THE SURROUNDING AGRICULTURAL OPERATIONS WILL REMAIN UNAFFECTED.
FOR THESE REASONS, WE RESPECTFULLY REQUEST YOUR APPROVAL OF BOTH APPLICATIONS.
I THANK YOU FOR YOUR CONSIDERATION, AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
[00:20:03]
ARE YOU LOOKING FOR A MOTION? CLOSE THIS HEARING AND BRING IT BACK TO PLANNING COMMISSION TO A MOTION.I'LL, UH, MAKE A MOTION 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 PROGRAM, ENVIRONMENTAL PACK REPORT, AND ATTACHED CEQA GUIDELINES SECTION 15162 FINDINGS AND ANALYSIS.
I WILL MAKE A MOTION TO APPROVE ZONING VARIANCE NUMBER ZV26-006, MINOR SUBDIVISION NUMBER MS26-012 BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE C - TO THE RECOMMENDED CONDITIONS OF APPROVAL.
ANY OPPOSED? SEEING NONE, ITEM PASSES.
AND WE'LL MOVE ON TO THE THIRD ITEM, ZONE VARIANCE NUMBER ZV26008, PROPERTY LINE ADJUSTMENT NUMBER PLA26013 FOR DANNY SUAREZ.
MY NAME IS ANNA BROWNING, UH, AND THE FINAL PROJECT BEFORE YOU TODAY IS ZONE VARIANCE NUMBER ZV26-008 AND PROPERTY LINE ADJUSTMENT NUMBER PLA26-013 FOR THE APPLICANT, DANNY SUAREZ.
THE PROJECT IS A REQUEST TO VARY FROM THE 200 FOOT AGRICULTURAL BUFFER BY 94 FEET AND ADJUSTED PROPERTY LINES BETWEEN TWO PARCELS, TOTALING APPROXIMATELY 39 ACRES, RESULTING IN ADJUSTED PARCEL ONE, APPROXIMATELY 4.16 ACRES, AND ADJUSTED PARCEL TWO, APPROXIMATELY 35.4 ACRES.
THE MERCER COUNTY ZONING CODE SECTION 18.10.030 E 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 200 FEET AS MEASURED FROM ANY EXISTING HABITABLE STRUCTURE TO ANY ABUT- ABUTTING PARCELS USED FOR AGRICULTURAL PRODUCTION.
THE APPLICANT IS PROPOSING TO VARY FROM THIS 200 FOOT BUFFER BY 94 FEET.
THIS IS THE VICINITY OF THE PROJECT SITE HIGHLIGHTED IN RED.
THE SITE CONSISTS OF TWO PARCELS, AGAIN, TOTALING APPROXIMATELY 39 ACRES IN SIZE, LOCATED ON THE EAST SIDE OF NORTH BER- BERT CRANE ROAD, APPROXIMATELY.
37 MILES NORTH OF STATE HIGHWAY 140 IN THE ATWATER CITY PLANNING AREA.
THE PROJECT SITE CONSISTS OF TWO RURAL RESIDENCES AND ACCESSORY STRUCTURES.
EACH HOME HAS ITS OWN DOMESTIC WELFARE WATER AND INDIVIDUAL SEPTIC SYSTEM FOR WASTEWATER MANAGEMENT.
ACCESS TO BOTH RESIDENCES IS THROUGH TWO ACCESS DRIVEWAYS ONTO BURKE CRANE ROAD.
THE REMAINDER OF THE SITE IS MADE UP OF ORCHARDS.
THE LOS BANOS CREEK RUNS ON THE EAST SIDE OF THE PROJECT SITE.
THERE IS AN EXISTING LATERAL KNOWN AS A TIN FLUME LATERAL MAINTAINED BY THE MERCED IRRIGATION DISTRICT THAT CURRENTLY SEPARATES ONE OF THE RURAL RESIDENCES FROM THE OTHER RESIDENTS IN THE LARGER AREA CURRENTLY USED FOR AGRICULTURAL PRODUCTION.
THE SURROUNDING AREA IS MADE UP OF SIMILAR AGRICULTURAL LAND USES, SUCH AS DISPERSED RURAL RESIDENCES, ORCHARDS, AND ROW CROPS.
THIS IS THE PROPOSED MAP EXHIBIT.
ADJUSTED PARCEL ONE WOULD MAINTAIN ONE RURAL RESIDENCE AND AN ACCESSORY STRUCTURE.
THE ADJUSTED 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 BURKE CRANE ROAD.
ADJUSTED PARCEL TWO WOULD MAINTAIN THE OTHER RURAL RESIDENCE AND AN ACCESSORY STRUCTURE, AGAIN, WOULD MAINTAIN ITS OWN SEPTIC SYSTEM AND DOMESTIC WELL, AND ACCESS WOULD CONTINUE TO BE OFF THE EXISTING DRIVEWAY ONTO BURKE CRANE ROAD.
ADDITIONALLY, ADJUSTED PARCEL TWO WOULD MAINTAIN THE LARGER PORTION OF THE EXISTING ORCHARDS AND THERE WOULD BE NO CHANGES TO THE EXISTING AGRICULTURAL OPERATIONS AS A RESULT OF THIS PROJECT.
HERE'S A CLOSER LOOK AT THE TENTATIVE MAP SHOWING THE DEVELOPMENT ON ADJUSTED PARCEL ONE, AND AS YOU CAN SEE, UH, THE HOME ON ADJUSTED PARCEL ONE WOULD BE APPROXIMATELY 106 FEET AWAY FROM THE EASTERN PROPERTY LINE OF ADJUSTED PARCEL TWO.
THE PROJECT SITE IS DESIGNATED AGRICULTURAL LAND USE IN THE GENERAL PLAN AND IS CONSISTENT WITH APPLICABLE GENERAL PLAN POLICIES REGARDING THE FACILITATION AND PRESERVATION OF AGRICULTURAL USES.
THE PROJECT SITE IS ZONED A1, GENERAL AGRICULTURE, AND IS ALSO CONSISTENT WITH THE MERCER COUNTY ZONING CODE IN REGARDS TO PARCEL SIZE.
IN ACCORDANCE WITH SECTION 18.10.030, THE ADJUSTED PARCEL ONE IS EXEMPT FROM THE MINIMUM PARCEL SIZE REQUIREMENT BY MEETING THE FOLLOWING CONDITIONS.
NUMBER ONE, THE PARCELS ARE NOT PART OF AN ANTIQUATED SUBDIVISION AS DEFINED IN MERCED COUNTY CODE CHAPTER 2.52.
NUMBER TWO, AT LEAST ONE OF THE PARCELS DOES NOT MEET THE MINIMUM PARCEL SIZE REQUIREMENT PRIOR TO THE
[00:25:01]
ADJUSTMENT.AND NUMBER THREE, THE ADJUSTMENT DOES NOT RESULT IN AN INCREASE IN THE NUMBER OF NONCONFORMING PARCELS THAT EXISTED PRIOR TO THE ADJUSTMENT.
THE PROPOSED PROJECT WOULD NOT BE FOUND CONSISTENT WITH THE 200 FOOT AGRICULTURAL BUFFER AS MENTIONED BEFORE, HENCE WHY THE VARIANCE IS BEING CONSIDERED TODAY.
PURSUANT TO MERCER COUNTY ZONING CODE SECTION 18.126.050 AND GOVERNMENT CODE SECTION 65906, A VARIANCE MAY ONLY BE APPROVED AFTER THE PLANNING COMMISSION CAN MAKE THE FOLLOWING REQUIRED FINDINGS.
THESE CAN BE FOUND ON PAGE SEVEN OF THE STAFF REPORT.
TO QUICKLY SUMMARIZE, NUMBER ONE, THERE ARE SPECIAL CIRCUMSTANCES TO THE SUBJECT PROPERTY DUE TO THE EXISTING LOCATION OF ONE OF THE EXISTING DWELLINGS, THE CONFIGURATION OF THE PROPOSED PARCELS IN RELATION TO THE TIN FLUME LATERAL AND THE LOCATION OF THE AGRICULTURAL AREA.
STRICT APPLICATION OF THE REQUIRED 200-FOOT BUFFER, UM, WOULD REQUIRE THE PROPOSED PARCEL ONE BOUNDARY TO EXTEND SUBSTANTIALLY FARTHER INTO THE AGRICULTURAL AREA.
NUMBER TWO, STRICT CONFORMANCE WITH THE 200-FOOT BUFFER WOULD NECESSITATE MOVING THE ADJUSTED PARCEL ONE BOUNDARY FARTHER INTO THE AGRICULTURAL PORTION OF THE PROPERTY, THEREBY REDUCING THE AREA AVAILABLE FOR AGRICULTURAL PRODUCTION AND CREATING AN UNNECESSARILY INEFFICIENT PARCEL CONFIGURATION.
NUMBER THREE, APPROVING THE VARIANCE WOULD NOT CONSTITUTE A SPECIAL PRIVILEGE.
THE VARIANCE WOULD NOT AUTHORIZE ANY ADDITIONAL RESIDE- RESIDENTIAL DEVELOPMENT, AGRICULTURAL PROCESSING, OR ANY OTHER USE BEYOND THOSE OTHERWISE PERMITTED BY THE APPLICABLE ZONING REGULATIONS.
AND NUMBER FOUR, THE VARIANCE WOULD NOT ALLOW USE THAT IS NOT ALREADY AUTHORIZED AND PERMITTED BY THE ZONING CODE.
THE VARIANCE ONLY MODIFIES THE REQUIRED PHYSICAL SEPARATION BETWEEN THE EXISTING HABITABLE STRUCTURE AND THE BOUNDARY OF THE PARCEL USED FOR AGRICULTURAL PRODUCTION.
IT DOES NOT AUTHORIZE A NEW USE OR OTHERWISE PROHIBITED LAND USE, NOR DOES IT WAIVE ANY OTHER APPLICABLE ZONING, BUILDING, HEALTH, SAFETY OR AGRICULTURAL REQUIREMENTS.
STAFF HAS DETERMINED THE PROJECT MAY BE FOUND CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15305A, MINOR ALTERATIONS IN LAND USE LIMITATIONS OF THE CEQA GUIDELINES.
THE PROJECT IS A MINOR ALTERATION IN LAND USE LIMITATION.
THE PROJECT AREA HAS AN AVERAGE SLOPE OF LESS THAN 20% AND THE PROPOSED ADJUSTMENT WOULD NOT RESULT IN ANY CHANGES IN LAND USE OR DENSITY.
ADDITIONALLY, STAFF HAS EVALUATED THE PROJECT AND DETERMINED THAT NONE OF THE EXCEPTIONS LISTED IN SECTION 15300.
2 OF THE CEQA GUIDELINES WOULD APPLY.
NOTICE OF THE PUBLIC HEARING WAS PUBLISHED IN THE MERCED COUNTY TIMES AND MAILED TO PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT SITE ON OCTOBER 22ND, 2026.
GIVEN ALL THE INFORMATION PROVIDED TODAY, STAFF HAS TWO RECOMMENDATIONS.
NUMBER ONE, DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15305A, MINOR ALTERATIONS IN LAND USE LIMITATIONS OF THE CEQA GUIDELINES, AND NUMBER TWO, APPROVED ZONE VARIANCE NUMBER ZV26-008 AND PROPERTY LINE ADJUSTMENT NUMBER PLA26-013 BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.
THIS CONCLUDES STAFF'S PRESENTATION.
I'M AVAILABLE FOR ANY QUESTIONS.
I'D LIKE TO OPEN THE PUBLIC HEARING, IF I MAY.
AND ANY COMMENTS TO BE MADE? AND SEEING NONE, CLOSED PUBLIC HEARING AND I'LL ENTERTAIN A MOTION.
I'LL MAKE THE MOTION THAT THE COMMISSION DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15305A, MINOR ALTERATIONS AND LAND USE, LAND USE LIMITATIONS OF THE CEQA GUIDELINES.
I'LL ENTERTAIN A MOTION FOR THE PROJECT DETERMINATION.
I'LL MAKE THE MOTION THAT THE COMMISSION APPROVES ZONE VARIANCE NUMBER ZV26-008, PROPERTY LINE ADJUSTMENT NUMBER PLA26-013 BASED ON THE FINDINGS INCLUDED IN THE STAFF REPORT AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.
ANY OPPOSED? SEEING NONE, PASSES.
ADAM? WE'LL MOVE ON TO COMMISSION, UH, ACTION ITEMS. SEEING NONE, DIRECTOR'S REPORT? UH, NONE FOR ME.
ANY COMMISSIONER COMMENTS? YES.
SEEING NONE, THIS MEETING IS ADJOURNED.