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[00:00:02]

IT'S 9:00 SOMEWHERE, SO GO AHEAD AND CALL THIS MEETING TO ORDER.

[I. CALL TO ORDER ]

SO LET'S STAND AND HAVE THE PLEDGE.

AND 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.

ALL RIGHT, ROLL CALL, COMMISSIONERS, PLEASE.

OK. ALL RIGHT, COMMISSIONER ACHESON.

HERE. COMMISSIONER AGUILERA.

HERE. COMMISSIONER SPYCHER.

HERE. COMMISSIONER ERRECA. HERE.

AND CHAIRMAN MOBLEY. HERE.

WE HAVE A FULL QUORUM FOR TODAY'S MEETING.

EXCELLENT. I DON'T REMEMBER SEEING ANY MINUTES.

[IV. APPROVAL OF MINUTES ]

YES THERE IS MINUTES. THERE'S MINUTES TO APPROVE.

SEPTEMBER 9TH.

ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF SEPTEMBER THE 9TH? HEARING NONE TAKE A MOTION TO.

AND A SECOND.

MOVE TO APPROVE. SECOND.

OK, GOT A MOTION AND A SECOND TO APPROVE THE MINUTES.

AND ALL THOSE IN FAVOR. AYE.

AND CHAIR VOTES AYE.

AND NO OPPOSED.

CITIZEN COMMUNICATIONS.

I DON'T SEE ANYBODY SITTING OUT THERE, BUT I'LL SAY IT ANYWAY.

IF THERE'S ANYBODY THAT WANTS TO SAY ANYTHING ABOUT A NON AGENDA ITEM, NOW'S THE TIME TO COME FORWARD TO STATE YOUR NAME AND ADDRESS FOR THE RECORD.

AND SEEING NONE I'LL CLOSE THE CITIZEN COMMUNICATIONS AND JUMP RIGHT INTO THE PUBLIC

[VI A. MINOR SUBDIVISION No. MS20-009 - LEOPOLDO MENDOZA]

HEARINGS. MINOR SUBDIVISION NUMBER MS 20-009 LEOPOLDO MENDOZA.

GOOD MORNING, MR. CHAIR MEMBERS OF THE COMMISSION, STEVE MAXEY, DEPUTY DIRECTOR FOR PLANNING FOR THE COUNTY, I'M GOING TO BE PRESENTING THIS APPLICATION FOR OUR PLANNER, TIFFANY HO, WHO IS UNEXPECTEDLY, UNABLE TO MAKE IT INTO WORK THIS WEEK.

SO I WILL JUMP RIGHT IN HERE.

THE REQUEST IS TO SUBDIVIDE A FOUR POINT THREE ACRE PARCEL INTO TWO PARCELS, EACH ONE OF THEM BEING TWO POINT ONE FIVE ACRES.

PROJECT SETS LOCATED ON THE WEST SIDE OF NORTH FEATHER WAY ABOUT FOUR HUNDRED AND TWENTY FIVE FEET SOUTH OF WEST SOUTH AVENUE IN THE DELHI AREA.

PROPERTY'S DESIGNATED AGRICULTURAL RESIDENTIAL IN THE GENERAL PLAN AND THE DELHI COMMUNITY PLAN AND IS ZONED RURAL RESIDENTIAL.

REAL QUICK LOOK HERE AT THE PROJECT SITE, VICINITY OF THE PROJECT AND THE PROPOSED TENTATIVE MAP. AS YOU CAN SEE, THERE ARE TWO EXISTING HOMES ON THE PROJECT SITE AND THE MOBILE HOME THAT HAS BEEN RELOCATED ON THE PROJECT SITE AND SHOWN ON THE TENTATIVE MAP HERE WILL BE LEGALIZED WITH APPROVAL OF THIS PROJECT.

LOOKING AT AN AERIAL OF THE PROJECT SITE, YOU CAN SEE WHERE PARCEL 1 AND PARCEL 2 WOULD BE LOCATED AS PROPOSED.

QUICKLY THROUGH SOME SITE PICTURES.

THIS WOULD BE FROM FEATHER WAY LOOKING EAST TO THE PROJECT SITE.

THIS WOULD BE LOOKING WEST TO THE PROJECT SITE.

THIS WOULD BE LOOKING SOUTH OF THE PROJECT SITES AND NORTH OF THE PROJECT SITE.

PROJECT WAS ANALYZED FOR CONSISTENCY WITH OUR GENERAL PLAN AND ZONING PROJECT CAN BE FOUND CONSISTENT WITH BOTH THE GENERAL PLAN AND THE ZONING OF THE COUNTY, ALONG WITH THE DELHI COMMUNITY PLAN AND THE SUBDIVISION MAP ACT.

PROJECT CAN BE FOUND EXEMPT FROM FURTHER CEQA REVIEW UNDER SECTION 15315 MINOR LAND DIVISIONS OF THE CEQA GUIDELINES.

ANALYSIS THAT CAN HELP LEAD TO THIS DETERMINATION CAN BE FOUND IN THE CEQA SECTION OF YOUR STAFF REPORT. NOTICE OF PUBLIC HEARING WAS MAILED TO THE PROPERTY OWNERS WITHIN THREE HUNDRED FEET OF THE PROJECT AND PUBLISHED IN THE MERCED SUNSTAR ON SEPTEMBER 11TH OF THIS YEAR, AND STAFF HAS YET TO RECEIVE ANY COMMENTS.

SO WITH THAT STAFF HAS TWO RECOMMENDATIONS.

FIRST, TO DETERMINE THE PROJECT EXEMPT FROM CEQA REVIEW AND SECOND, TO APPROVE MINOR SUBDIVISION 20-009.

I'M AVAILABLE FOR ANY QUESTIONS.

OKAY ANY QUESTIONS FOR STAFF.

OKAY SEEING NONE. I'LL OPEN UP THE PUBLIC COMMENT ON THIS ITEM IF ANYBODY WANTS TO TALK ABOUT THIS ITEM, COME FORTH AND STATE YOUR NAME AND ADDRESS.

AND SEEING NOBODY I'LL CLOSE THE PUBLIC HEARING AND COME BACK HERE FOR DISCUSSION OR A MOTION AND A SECOND.

[00:05:01]

YES, I'D LIKE TO MAKE THE MOTION TO DETERMINE THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION ONE FIVE THREE ONE FIVE MINOR LAND DIVISION OF THE CEQA GUIDELINES. SECOND.

OK, GOT A MOTION AND A SECOND ON A THE CEQA DETERMINATION.

ALL THOSE IN FAVOR.

AYE. CHAIR VOTES AYE.

OPPOSED.

OKAY THAT PASSES NOW ON THE PROJECT.

I'D ALSO LIKE TO MAKE THE MOTION TO APPROVE MINOR SUBDIVISION NUMBER MS 20-009 BASED ON THE FINDINGS AND SUBJECT TO THE RECOMMENDATION CONDITIONS OF APPROVAL.

SECOND.

OKAY GOT A MOTION AND A SECOND ON THE PROJECT DETERMINATION.

ALL THOSE IN FAVOR SAY AYE.

AND CHAIR VOTES AYE. OPPOSED AND THAT ITEM PASSES.

THE LETTER B MINOR SUBDIVISION NUMBER MS 20-010 ROCKSHAR DAIRY.

[VI B. MINOR SUBDIVISION No. MS20-010 - ROCKSHAR DAIRY]

OK, MINOR SUBDIVISION 20-010 IS A REQUEST TO SUBDIVIDE A FIVE HUNDRED AND TWENTY SIX ACRE PARCEL INTO THREE PARCELS AND ONE REMAINDER PARCEL.

PROJECT SITE IS LOCATED ON THE SOUTH SIDE OF EAST SANDY MUSH ROAD, ABOUT ONE AND A QUARTER MILES WEST OF SOUTH BLISS ROAD IN THE MERCED AREA.

THE PROJECT SITE IS DESIGNATED AS AGRICULTURAL LAND USE IN OUR GENERAL PLAN AND ZONED A1 OR GENERAL AGRICULTURAL.

LOOKING AT THE VICINITY SITE THE PROJECT AREA IS LOCATED IN RED OR SHOWN IN RED HERE.

IT'S LOCATED, AS I MENTIONED, ON THE SOUTH SIDE OF EAST SANDY MUSH ROAD IT'S ACTUALLY LOCATED WEST OF THE ROCKSHAR DAIRY AND THE PROPERTY OWNERS HERE.

AND A PROJECT SITE IS GENERALLY SURROUNDED BY AGRICULTURAL LAND USE.

LOOKING AT THE AERIAL HERE, THIS WOULD SHOW EXISTING REAL CROPS ON THE PROJECT SITE, AS YOU CAN SEE, THE EL NIDO CANAL BISECTS THE PROJECT AREA.

DUTCHMAN'S CREEK IS LOCATED IN THE NORTHEAST CORNER OF THE PROPERTY.

AND THE SUBDIVISION ALSO CONFORMS TO CURRENT FARMING PRACTICES AND STANDARDS THAT ARE OUT THERE TODAY. LOOKING AT THE TENTATIVE MAP HERE, YOU CAN SEE HOW THIS WOULD MATCH UP WITH THE PREVIOUS SLIDE, THE THREE PARCELS AND THE REMAINDER.

QUICKLY THROUGH SOME SITE PHOTOS, THIS WOULD BE THE VIEW FROM THE PROJECT SITE LOOKING NORTHWEST AT THE INTERSECTION OF SANDY MUSH ROAD AND THE EL NIDO CANAL.

THIS WOULD BE THE VIEW FROM SANDY MUSH ROAD, LOOKING SOUTH EAST AND LOOKING SOUTH WEST.

THE PROJECT SITE IS DESIGNATED AGRICULTURAL LAND USE IN THE COUNTY'S GENERAL PLAN AND ZONED, A ONE OR GENERAL AGRICULTURAL THAT LAND USE IS EXPECTED TO CONTINUE.

THE PROJECT CAN BECOME CONSISTENT WITH THE GOALS AND POLICIES OF THE GENERAL PLAN PROVISIONS OF THE SUBDIVISION MAP ACT AND TITLE 17 OF THE COUNTY CODE.

AND IN COMPLIANCE WITH GENERAL PLAN POLICY AG 3.12 STAFF HAS RECOMMENDED THAT THE FINAL MAP INCLUDE A NOTE STATING THAT ANY NEW RESIDENCES WOULD REQUIRE A CONDITIONAL USE PERMIT FROM THE COUNTY. PROJECTS ALSO CONSISTENT WITH REQUIREMENTS OF OUR AGRICULTURAL PRESERVE AND THE WILLIAMSON ACT.

PROJECT AREA IS UNDER WILLIAMSON ACT CONTRACT WITH THE COUNTY, AND THIS ACTION, IF APPROVED, WOULD BE CONSISTENT WITH THE REQUIREMENTS OF THAT CONTRACT.

NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 OF CEQA GUIDELINES.

THE ANALYSIS THAT LED TO THAT DETERMINATION CAN BE FOUND ATTACHED AS EXHIBIT D TO YOUR STAFF REPORT. NOTICE OF THIS PUBLIC HEARING WAS MAILED TO PROPERTY OWNERS WITHIN THREE HUNDRED FEET OF THE PROJECT SITE AND PUBLISHED IN THE MERCED SUNSTAR ON SEPTEMBER 11TH OF THIS YEAR. NO COMMENTS HAVE BEEN RECEIVED.

AND WITH THAT STAFF HAS TWO RECOMMENDATIONS.

ONE TO DETERMINE THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED AND SECOND TO APPROVE MINOR SUBDIVISION 20-010 BASED ON THE FINDINGS AND CONDITIONS OF APPROVAL IN THE STAFF REPORT. AVAILABLE FOR ANY QUESTIONS.

OKAY ANY QUESTIONS. OKAY, OPEN UP THE PUBLIC HEARING ON ITEM IF YOU HAVE SOMETHING TO SAY ABOUT THIS ITEM, COME FORTH.

STATE YOUR NAME AND ADDRESS FOR THE RECORD.

AND SEEING NOBODY COMING FORWARD, I'LL CLOSE A PUBLIC HEARING AND COME BACK TO THE COMMISSION FOR DISCUSSION OR MOTION AND A SECOND ON THE CEQA.

I'LL MAKE A MOTION THAT THE COMMISSION DETERMINES THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 SUBSEQUENT EIR'S AND NEGATIVE DECLARATIONS OF THE CEQA GUIDELINES BASED ON ANALYSIS IN THE 2030 MERCED COUNTY GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT AND THE ATTACHED CEQA SECTION 15162 FINDINGS AND ANALYSIS.

[00:10:05]

SECOND. OKAY GOT A MOTION AND A SECOND ON THE CEQA DETERMINATION FOR THE PROJECT.

ALL THOSE IN FAVOR. AYE.

CHAIR VOTES AYE.

OPPOSED. OKAY AND NOW ON THE PROJECT.

OK, I'LL MAKE THE MOTION THE COMMISSION APPROVES MINOR SUBDIVISION NUMBER MS 20-010 BASED ON THE FINDINGS AND SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL.

SECOND. OKAY GOT A MOTION AND A SECOND ON THE PROJECT DETERMINATION.

ALL THOSE IN FAVOR.

AYE. CHAIR VOTES AYE.

OPPOSED.

AND THE PROJECT PASSES.

WE ARE JUST CRANKING THEM OUT HERE.

LETTER C MINOR SUBDIVISION APPLICATION NUMBER MS 20-013 JONATHAN RANKIN AND SOHAN SAMRAN.

[VI C. MINOR SUBDIVISION APPLICATION No. MS20-013 – JONATHON RANKIN / SOHAN SAMRAN]

GOOD MORNING COMMISSIONERS.

THE PROJECT BEFORE YOU IS A MINOR SUBDIVISION NUMBER MS. 20-013 FOR JONATHAN RANKIN AND SOHAN SAMRAN.

THE REQUEST IS TO CREATE A FIVE ACRE HOMESITE PARCEL FROM A PORTION OF A TWENTY POINT NINE THREE ACRE PARCEL AND A PORTION OF AN ADJACENT TWENTY FOUR ACRE PARCEL AND COMBINE THE REMAINING ACREAGE TO CREATE A FORTY POINT ZERO EIGHT ACRE PARCEL.

THE PROJECT SITE IS LOCATED ON THE SOUTHEAST CORNER OF SOUTH MORLEY AVENUE AND EAST MISSION AVENUE AND THE LE GRAND AREA.

THE PROPERTY IS DESIGNATED AGRICULTURAL LAND USE AND ZONED A ONE.

HERE IS AN AERIAL OF THE VICINITY OF THE PROJECT SITE.

THE PROPERTY IS LOCATED BETWEEN PLANADA AND LE GRAND SOUTH OF SANTA FE AVENUE.

THE PROJECT SITE AND SURROUNDING AREAS CHARACTERIZED BY ORCHARDS, ROW CROPS AND DISPERSED SINGLE FAMILY RESIDENCES.

HERE WE CAN SEE A CLOSER AERIAL IMAGE OF THE PROJECT SITE.

THE FIVE ACRE HOMESITE PARCEL WILL CONSIST OF AN EXISTING FAMILY RESIDENCE IDENTIFIED WITH THE BLUE ARROW. WHILE THE REMAINING ACREAGE WILL BE COMBINED TO CREATE A 40 POINT ZERO ACRE PARCEL.

AGRICULTURAL OPERATIONS AND OTHER EXISTING LAND USES WILL REMAIN THE SAME.

THIS IS THE TENTATIVE MAP FOR THE SUBDIVISION WITH THE PROPOSED FIVE ACRE HOME SITE OUTLINED IN RED. THE 200 FOOT AGRICULTURAL SETBACK REQUIRED BY THE ZONING CODE HAS BEEN IMPLEMENTED ON THE NORTH EAST AND SOUTH SIDES OF THE EXISTING RESIDENTS.

THIS IMAGE WAS TAKEN FROM MORLEY AVENUE, LOOKING NORTHEAST.

AS YOU CAN SEE, PISTACHIO TREES ARE PLANTED ON MOST OF THE PROPERTY.

THIS IMAGE IS OF THE EXISTING HOME AND ON THE PROPOSED HOMESITE PARCEL.

THE PROJECT IS CONSISTENT WITH THE GENERAL PLAN, GOALS AND POLICIES REGARDING AGRICULTURALLY ZONED AT PARCELS AND IS CONSISTENT WITH THE APPLICABLE PROVISIONS OF THE SUBDIVISION MAP ACT, TITLE 17 AND WILLIAMSON ACT.

THE PROJECT IS ALSO CONSISTENT WITH THE APPLICABLE ZONING CODE REQUIREMENTS.

STAFF HAS FOUND THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 SUBSEQUENT EIR'S AND NEGATIVE DECLARATIONS OF THE CEQA GUIDELINES.

THE ANALYSIS THAT HELPED MAKE THIS DETERMINATION CAN BE FOUND IN THE CEQA FINDINGS AND ANALYSIS PROVIDED AS ATTACHMENT B IN THE STAFF REPORT.

NOTICE OF THE PUBLIC HEARING WAS MAILED TO THE PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT SITE ON SEPTEMBER 11TH, 2020 AND PUBLISHED IN MERCED SUNSTAR ON THE SAME DAY, NO COMMENTS HAVE BEEN RECEIVED.

STAFF HAS TWO RECOMMENDATIONS FOR THE COMMISSION MOTION TO DETERMINE THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED AND MOTION TO APPROVE MINOR SUBDIVISION NUMBER MS 20-013. THAT CONCLUDES STAFF PRESENTATION AND I'M AVAILABLE FOR QUESTIONS.

OKAY. ANY QUESTIONS? OK, SEEING NONE I'LL OPEN UP THE PUBLIC HEARING.

COME FORWARD IF YOU WANT TO SPEAK ON THIS ITEM, STATE YOUR NAME AND ADDRESS.

DWAYNE ARE YOU JUST HERE FOR GRINS.

JUST MISSING YOU GUYS SO MUCH.

SEEING NOBODY COME FORWARD, I'LL CLOSE THE PUBLIC HEARING ON AN ITEM AND COME BACK TO THE COMMISSION FOR COMMENTS OR QUESTIONS OR MOTION ON THE CEQA.

YES, I'D LIKE TO MAKE THE MOTION THAT THE PLANNING COMMISSION DETERMINE THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 SUBSEQUENT EIR'S AND NEGATIVE DECLARATIONS OF CEQA GUIDELINES BASED ON THE ANALYSIS IN THE 2030 MERCER COUNTY GENERAL PLAN PROGRAM, ENVIRONMENTAL IMPACT REPORT AND THE ATTACHED CEQA SECTION ONE FIVE ONE SIX TWO FINDINGS AND ANALYSIS.

SECOND. OKAY GOT A MOTION AND A SECOND ON THE CEQA DETERMINATION.

ALL THOSE IN FAVOR.

AYE. CHAIR VOTES AYE.

OPPOSED. OK, AND NOW ON THE PROJECT, PLEASE.

I ALSO MOVE THAT MAKE A MOTION THAT THE PLANNING COMMISSION APPROVE MINOR SUBDIVISION NUMBER MS 20-013 BASED ON THE FINDINGS IDENTIFIED IN THE STAFF REPORT AND SUBJECT TO THE

[00:15:05]

RECOMMENDED CONDITIONS OF APPROVAL.

SECOND. OKAY. I GOT A MOTION A SECOND ON THE PROJECT DETERMINATION.

ALL THOSE IN FAVOR SAY AYE.

CHAIR VOTES AYE. AND OPPOSED.

AND PROJECT PASSES.

ALL RIGHT. COMMISSION ACTION ITEMS.

[VII. COMMISSION ACTION ITEM(s) ]

WE HAVE JUST ONE AT THIS TIME, MR. CHAIR. IT'S THAT TIME OF YEAR AGAIN, WHERE WE GO THROUGH THE KIND OF STANDARD ROTATION OF THE CHAIR AND VICE CHAIR OF THE PLANNING COMMISSION.

I'M NOT LEAVING. I'D LIKE TO THANK YOU.

I'M NOT LEAVING. FOR YOUR LAST YEAR OF SERVICE AS CHAIR.

THE COMMISSION ACTUALLY ADOPTED A METHOD OF ROTATION BACK IN 2016.

SO THAT ROTATION WOULD ACTUALLY PUT COMMISSIONER SPYCHER IN THE CHAIR SEAT AND COMMISSIONER ACHESON IN THE VICE CHAIR SEAT THROUGH OCTOBER OF NEXT YEAR.

OKAY. NO ACTION TO TAKE THERE.

DO WE HAVE TO VOTE ON THAT OR ANYTHING.

IT'S JUST FOR INFORMATION, IT'LL JUST HAPPEN.

RIGHT. DIRECTORS REPORT.

NOTHING AT THIS TIME.

COMMISSIONERS COMMENTS.

WITH THAT WE'RE ADJOURNED.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.