Planning Commission - Regular Meeting

Okay.

Oh, I apologize. That's good. Apparently, she's on her way walking in, so if everybody would mind, we'd wait Come on, Becky.

No, that's okay. Thank you.

Good evening, everyone. Welcome to tonight's meeting. May we have a roll call,

Here.

Great. Thank you very much. Let the record show that I think we have a full house tonight. Thank you. May you please, join me for the pledge?

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.

If I may, chair,

I just do

wanna clarify that commissioner Zipser is not here this evening. So noted. Thank you.

Item three is citizens forum. The citizens forum is a time for the public to speak on issues that are not on tonight's agenda. However, the commission cannot take action on these items. Are there any members of the audience tonight wishing to address the commission on any items that are not listed on tonight's agenda? Please come to the podium. State your name. Okay. I saw you raise your hand. Thank you. Thank you.

Seeing none, we'll move on to the next item, minutes. May I have a motion for an approval for the, meeting for 04/06/2000 Move to approve. 60? I'll We second have a motion and a second. All in favor say aye. Aye. Opposed? Aye. Motion passes. Thank you. Correspondence?

Yes. We have two items of correspondence. They were too late for the agenda and, the place before you. Those items are an email dated April 15 from Grant Karen Ziger for the non consent item seven d, the use permit application, two thousand twenty five forty nine Madrigal. And the second item is a memo dated April 16 from the planning department also regarding the non consent item seven d, the use permit for Madrigal. Thank you. Do any of

the commissioners need time to review these items tonight? So noted. Thank you. Item six, conflict of interest of any of the commissioners. Do any of the commissioners have any conflicts to declare on any of the items? Yes. On tonight's.

I have a conflict on Monesta Toyota. I, have a business relationship with, the agent.

Very good. So noted. So when that item comes up, then you'll step down.

Yes.

Thank you very much.

Next on the agenda, we have item seven. Under consent items. Consent items are items on tonight's agenda designated by an asterisk next to the item requiring a planning commission public hearing, but which following an initial evaluation by staff have been found to be consistent with existing county policy and the county general plan and are therefore recommended for routine approval. If you want a particular item removed from the consent calendar, please speak up and advise the chair. That item will then be withdrawn from the consent and reviewed in detail as scheduled.

The remaining consent items for which are reviewed are for which are there are no voice objections that will be handled by single action by the commission. Do any of the commissioners would like to pull any of the

items from the consent agenda?

No. But I'll make a motion to approve the continuance of the application PLN twenty twenty five dash zero zero three eight.

We have a motion. Is there a second?

I will second that.

We have a motion and second. A roll call is okay with that, counsel?

Comment first.

Very good. Thank you. Okay. Are there any members of the audience wishing to address the commission on on this item at this time? Seeing none.

A general a general vote is appropriate here.

Thank you. Since we have a a motion and a second on the floor already, All in favor say aye.

Aye.

Opposed? Great. Motion passes. Next on the agenda will be other matters. We have item a. We have general plan consistency finding for Grace and Will disposition and acquisition. May we please have a report from staff?

Our our first item on the agenda is actually item seven b of the non consent, which is the rezone application for Modesto Toyota. Let me say

that for the record. Item b, rezone application number PLN2026Dash002 Modesto Toyota. May we please have a staff report?

Yes.

Thank you.

Let

the record know that commissioner Huff stepped up down for this item.

Okay. So good evening. Jeremy Ballard, senior planner. I'll be presenting the rezone application for Modesto Toyota. This is a request to rezone a one acre parcel from Plan Industrial 2 to a new plan development to allow for the development of a vehicle inventory parking lot for Modesto Toyota, which is adjacent to the project site.

Plan Industrial 2 was approved in nineteen ninety eight eighty nine and allowed for light industrial uses, including light manufacturing, warehousing, and offices. PI 2, while allowing light industrial uses, did not permit inventory parking, thus the reason to a new plan development was required. In addition to the inventory parking, all previously allowed uses from PI 2 will be permitted within this new proposed plan development zoning district. Project site is located on Bangs Avenue between McHenry Avenue and Spires Way in Modesto area and within the city of Modesto's LAFCO adopted sphere of influence. The site is a general plan designation, plan industrial, and as I said, it's planned industrial too.

The site is surrounded by car dealerships to the north, south, and East with light industrial development and auto repair shops to the West. Additional commercial and office uses are to the South, is which located within the city of Modesto jurisdiction. Site is currently vacant, but it butts Modesto Toyota to the North and East. The proposed inventory parking lot will include a 100 and excuse me, 108 paved stalls within within the site. There'll be perimeter landscaping consisting of trees, shrubs, ground cover, with the exception to the east, which will link with the dealership via a reciprocal access easement.

Along Fangs Avenue, there'll be eight foot tall steel ornamental fence to to be installed, and then there'll be eight foot tall chain link fencing installed to the west on the Western property line that will include slats. The hours of of operation and the number of employees and service capacity for the dealership will remain unchanged. The hours are will be seven days a week, typically 7AM to 8PM for both service and sales customers. If approved, construction is expected to begin within three months after project approval. So no issues were identified as part of the project processing.

General plan consistency was evaluated, including the project site's general plan land use designation of planned industrial, which is intended for light industrial light industrial in areas where public water and sewer are available. The general plan finds that the planned development zoning may be appropriate within within the planned industrial designation to allow for flexibility to include a variety of allowable uses and development standards. Additionally, this project, in accordance with the county's sphere of influence policy, was referred to the city of Modesto who responded with support for the project and included city standards for signage, landscaping, lighting, storm water management as requirements for project development. In terms of zoning consistency, as stated above, to approve a rezone, the new plant development zoning is required to be consistent with the general plan designation, which in this case, Dan believes is the case. Project development requirements included included by the those requested by the city of Minnesota will act as development standards for the new plan development zoning district.

Staff has reviews the proposed project and determined that no further analysis required pursuant to California Environment Quality Act as the project will be consistent with the analysis completed for the general plan environmental impact report. The project specific consistency check has been prepared for the project and has been included in the staff report. Additionally, staff believes the project is exempt from CEQA pursuant to the common sense exemption. And lastly, development standards reflecting referral responses received for this project have been have been placed on it. So to conclude, staff recommends that the planning commission recommend to the board of supervisors to approve this project, including all findings in exhibit a, such as findings regarding environmental review, rezone, and improvements in project approval. And that concludes my presentation.

Happy to

answer any questions.

Thank you. Any questions from any of your commissioners?

Can I

see the map again? Sure. There's no impact on any my mic's not working very well. There's no impact on any roads, additional access for them because of this. Right?

Correct. The the access will be within the reciprocals. Yeah.

Okay. Great. Thank you, Tammy.

Any other questions? If there are none, this is not a public hearing. Correct? Yes. Is. Well, with that, I will go ahead and open to the public. Any member of the audience wishing to address the commission on this item, please step forward. State your name for the record. Any members in opposition of this, project, please step forward. Seeing none, we will close the public hearing and bring it back to commission for recommendation.

I I would say that, you know, Modesto Toyota has been operating for, I think, six decades in Modesto. They're a good supporter of our local community. They employ our citizens. They provide a valuable service, and I would be

in favor of moving forward on this item.

Very good. Is that a motion?

I'm happy to make a motion. No other comments? That's okay, so I'll go ahead and make a motion to approve the amended zoning designation for rezone application number PLN22026Dash0002 Modesto Toyota. That's findings in report.

Very good. Is there a second? I'll second. We have a motion and a second. Roll call, please.

Commissioner Bergshado?

You do not it hit by roll call. You can do it by unanimous vote if you prefer.

Great. Thank you. All in favor say aye.

Aye.

Opposed? Thank you. Motion passes. Thank you, counsel. We're gonna call

Okay.

Next on the agenda is item c. Yours permit and line item adjustment application for BLN2025Dash0103 Layman. And we have a staff report, please.

Yes. Good evening, commissioners, members of public. My name is Marcus Reddick, assistant planner. Your 90% use permit online app adjustment application number PLN2025Dash0103. Layman, the title slide says 0049, but it is the O103.

To write off three for the project, this is a a request to construct, operate, and maintain a two acre, one megawatt photovoltaic solar energy facility on a 11.08 acre parcel in the General A 240 zoning district. A lot line adjustment is needed to place the facility on a non loan to net contracted parcel. The project site is located at 141482 Saint Francis Avenue between Tully Road and Carver Road in the Modesto area. The site has a general plan designation of agriculture and the zoning designation of General Agriculture A 240. The project site is surrounded by irrigated orchards and scattered single family dwellings in all directions, the MIT Main Canal and city Modesto to the South, light industrial development to the East.

APN 004017028 further identified as 1482 Saint Francis Avenue, the eastern parcel, is currently developed with an orchard, single family dwelling, residential accessory structures, and a residential swimming pool. And then APN 0040170381400SaintFrancisAvenue, the western parcel, is developed with the same. A pro solar energy facility will occupy a two acre portion of adjusted parcel 2 from the lot line adjustment. No permanent restrooms, offices, or other on-site structures related to the facility are proposed, and no on-site battery battery energy storage is proposed. The applicant is proposing closing the solar facility with six foot tall chain link fencing.

If approved, construction is anticipated to occur within, eighteen months of project approval. Project will be interconnected with the Modesto Irrigation District via a new power pole, which will connect existing power lines across the MID Main Canal at the southern property line. Access of pros be taken off county maintained Saint Francis Avenue via an existing driveway. And facilities for public utilities, including commercial solar energy facilities, are not permitted on Wilmsenet contracted land, so a lot line adjustment is proposed in conjunction with the subject use permit application in order to locate the proposed solar energy facility entirely on resultant adjusted parcel 2. Because existing Parcel 1 is enrolled under Wilmsat contract number 1975Dash1933 and existing Parcel 2 is not under contract, a rescission of the existing Wilmsat contract and reentry into a new contract for adjusted Parcel 1 must be approved by the board of supervisors.

So getting into issues with the project, the agricultural element of the general plan, specifically policy 2.5 implementation measure three encourages the development of alternative energy sources on lands located outside of the county's most productive agricultural areas. This site is currently planted in Orchard and has a designation of prime farmland by the California Department of Conservation, farmland mapping, and monitoring program. So staff believes the site is located located in one of the most productive agricultural areas. And generally, placement of solar facilities on prime farmland on the valley floor would not be supported by staff. However, the applicant has indicated that the project site's soil is infected with armillaria root rot fungus, also known as oak root fungus.

This fungus spreads underground through affected soil and gradually cuts off an infected tree's ability to transport water and nutrients leading to progressive decline and eventual death of infected trees. Even after infected trees are removed, the fungus remains active in buried roots and woody debris, making complete eradication extremely difficult through regular agricultural means. So the proposed solar array is intended as an interim use over the project's proposed twenty year life cycle to just leave the area fallow while the fungus naturally diminishes, and the facility is planned to be decommissioned at the end of its proposed twenty year life cycle and return to agriculture. During the environmental referral process, a response was received from the Department of Conservation requesting the use of permanent agricultural conservation easements on land of at least equal in quality and size to compensate for the loss of agricultural land. But as this project is intended as an interim use to allow for the remediation of infected soil, staff does not consider this project to be triggering loss of agricultural land.

And condition of approval number 11 has been added requiring decommissioning and return to agriculture at the end of the project's life. No other issues have been identified as part of this request. General plan consistency and and zoning ordinance consistency must be evaluated when processing all discretionary projects, including the project site's general plan land use designation of agriculture and consistency with the land use element of the general plan. Utilities such as solar arrays are permitted in the required setback area, and as such, the project would comply with the buffer and setback guidelines of the agricultural element. And staff believes that given the small scale of the PROs facility and the site's agricultural limitations as a result of the Ormilaria root rot fungus, that the findings can be made and that this proposal would be consistent with the general plan and zoning ordinance.

Pursuant to the California Environmental Quality Act, an initial study was circulated to interested parties and responsible agencies for review and comment. A negative declaration has been prepared for approval, and conditions approval reflecting referral responses have been placed on the project. To conclude, staff recommends that the planning commission approve use permit lot line adjustment application number PLN2025Dash0103 layman subject to the conditions approval included in exhibit c of the staff report and make the findings included in exhibit a, including findings regarding environmental determination, use permit findings, and project approval. That concludes my presentation. Staff will not be available for any questions. Thank

you. Any questions from commissioners regarding this item?

Yes.

Yeah. Did did the applicant provide soil analysis? No. So it's just their their assertion that there's

True. Correct.

Yeah. The ones. Okay.

In regards to the decommissioning, going back to twenty year life cycle, how will that be tracked?

A condition approval number 11, as I'd stated, is added to the project. So it would just be planning would make keep an eye on you know, we we would just ensure that it was that it was decommissioned at the end of the twenty years, and the applicant would provide a decommissioning plan just for further info on it. Does that answer the question?

Sorry. Yeah. I just

my only concern is, you know, we're we're in ag land, and we wanna make sure we maintain our ag land. I totally understand what they're

trying to do, and I

just wanna make sure that we're optimizing the space when we do need the Agland DAC. If it's available, we're using it properly and doing what's what we're doing.

Yeah. I mean, we do put the the date that it has to be out in our system. These things do usually have lifespans. So if they were gonna try to re up it, they would end up having to redo the electrical or bring in new solar. Building permits would trigger us to to look into it. So it's not a perfect system. Okay. And if it ends up out there at twenty five years, and we notice that at twenty five years, we can go back and have them pull it. But we will try to make sure that it's out in twenty.

Mister Bashero.

This power generated from the solar plant is getting sold back to MIT. Is that the main use of it? It's being used as revenue?

Correct. Yeah. It'll be part of MIT's feed in tariff program, which I believe the applicants here could maybe provide further clarity on it. But it would primarily be sold back to MIT through a power purchase agreement.

So none of this electricity is being used for agricultural use?

I believe a portion is to offset the residential use of the site and any potential agricultural, like like the well pump on the site, that kind of thing. But primarily, it would be the power purchase agreements

with MID. Has the county approved any other site like this to allow people to put these in on agricultural land over the last

Yeah. I mean, just up to to the north and to the east, you have MID's big solar farm that's out there that's a 100 plus acres. That actually was the facility that kind of led to the general plan amendment that said, we don't really wanna see these on the on the valley floor. The policy doesn't say they can't be on the valley floor. They're discouraged from being on the valley floor. In this case, given the size of it and the fact that, you know, the root rot, which doesn't allow it to be put into another tree crop or certain other crops can't be planted on it. That's why staff is supporting it.

Were there letters sent out to the neighbors of the applicant?

Correct. The let the surrounding landowners and I have the map up here too. Surrounding landowners received the letter from the notes the NOI that when the initial study was prepared and then ahead of the public hearing notice too or they received public

hearing notice.

Thank you.

Any other questions?

Do we do we have a line on how old the orchard is, the current orchard?

I'm not sure. Last time. Yeah.

No further questions at this time from commissioners? K. At this time, we're gonna go ahead and open it to the public. Any member of the audience wishing to address the commission in opposition of this item, please step to the podium. And let the record show that commissioner Huff is back up available for this item. Thank you.

Hello? Can you hear me? I'm not here against the project at all.

State your

name, please.

My name is Joey Vargas. I'm at 1500 Saint Francis Avenue. I'm right next door to this property. But I'm not here against it. I just I just wanna make sure there's no lot like easements. That's that was my only concern. If there's any type of easement for the, you know, for the solar panels, because I don't wanna give up any of my easement where I'm at. That's basically all I had to say. But I don't have any issues with the laymans. I mean, they're great neighbors.

I just I just wanna I I I just wanted to clarify that that because nothing was brought up about a lot line adjustment or as far as how they're gonna maintain, they're gonna use MID as an access road because I'm literally right next door where the property is at. And there were some markers on there, but talked to Eric about it. We weren't sure why there was markers on my property going over to his property. So I'm not sure what was going on there with that. I just wanna make sure because I'm not giving up any easement or any lot line adjustment with my property. So I just wanna clarify that.

So noted. And can Steph answer this question?

Oh, do you wanna Yeah.

This project does involve a lot line adjustment, but it's all with just the applicant's property. It does not involve any property off-site, and any easements that are there to the benefit of other properties will have to be retained as part of that lot line adjustment.

Okay. I just wanna clarify that. Thank you.

Thank you.

Any other member of the audience wishing to speak in opposition of this item? Seeing none, are there any members of the audience wishing to address the commission in favor of this item? Seeing none

It would be nice to hear from someone. Okay. Sorry.

Perhaps from the applicant would be nice.

Yeah. So

Thank you. What I'm say. I'm the mayor. Or his representative. Or her.

I'm Garrett Artis. Sorry to this is my first planning commission meeting, so I know

how it's Welcome.

Thank you. Thank you. So, yeah, as he stated here, Eric has dealt with this this over fungus on his property for a while and tried a couple different ways to grow and maintain the agricultural land there because that's, you know, not only a benefit to the property, but a beauty surrounding his his facility there. And so what we've come up with is a way, kinda to your point over here and what you asked, for him to, produce some revenue from the facility that he was getting from the agricultural land while at the same time not, you know, not having any agriculture on it because of the fungus that they have there. What we'll be using is a ballasted system.

It won't be ground penetrating. It won't be those big sort of t frames you see. It won't be a tracker on there. So we'll essentially be removing the orchard, grading it, bringing it to the ability to put the ballast system on there, dropping a new MID power pole in, and then it tracks basically the production of the solar back to MID. At the end of the project, as they said, our plan is to remove it with the decommissioning plan there and then return it back to the agricultural grant land. So it really is the the truest nature of a conditional use. So that's that's kinda where the idea was with the project, and so that that's kinda the intent there. So I hope that kinda addresses that.

Can you please repeat your name for the record?

I'm Garrett Artis.

Thank you.

Yeah. Mister Artis, question regarding the unused portion of the land. So is the intention maybe expand down the road or just gonna keep two acres the way it is? What's what's is there any long term plan besides that?

In terms of Making more solar

on the unused land there. You got 11 acres altogether.

So no. So the only if you look at the array there, we're only gonna be removing the trees in the exact area that the array is. So the rest

of it will

remain trees. Thank you.

Any further questions for the gentleman?

Does that mean the rot is mostly concentrated on the south side there where the array is going?

Correct. Yeah. We actually designed the array around where the rot is essentially. So we've kind of followed that in there, and that's somewhat where we have to do the lot line adjustment as well. It's because unfortunately, the rot didn't respect our property lines in the assessment there. So that's kinda that's kinda For your Yeah. Yeah. Yeah. Yeah. Yeah. Unfortunately for us.

Thank you. No further questions? Thank you very much for your time.

Thanks guys.

Appreciate

it. Any other member of the audience wishing to speak in favor of this item? Seeing none, we're gonna go ahead and close the public hearing now, bring it back for the commissioners for further questions or comments or any recommendation.

I'll just say I'm I'm in support of approving this application, better or worse, even in a water district with available water like it might be. Farming the sun is gonna be a part of most farming operations in the future.

And I would add I would add to that that, you know, we can't find the formal land now. We're leveraging the space. We're optimizing that that uses of the space. We're gonna create some jobs out of this. We're gonna get some much needed energy in our state, which we need. So I would also be in favor of this as well.

Very good.

Likewise. And especially considering that they're using a ballasted system, which means no contractor to the ground. So that's

and it minimizes the impact on on the winds. So

The only concern I have is once you start going down this road, alternative revenues and lots of other parcels are going to be looked at considerably with this consideration of agricultural profits on lands or dwindling. We're going to open it up for other properties to come and do this.

So I'd rather see this than a trucking operation.

I would I would agree with your point. And, you know, farming is a key to our business out here. We wanna keep the farming alive. As long as we're abiding by that twenty year rule and we are gonna do commission the land and hopefully bring it back to ag, which is key to our success and survival in the valley, I would move forward on as well.

Great. Any further comments, questions? Hearing none, would any of you like to entertain a motion for approval?

I'd love to make a motion to approve use permit and outline adjustment application number PLN2025Dash0103Lehman. We have a motion. Is there a second?

I'll second.

We have a motion and a

second. Roll call, please.

Commissioner Buscado? Nay. Commissioner Kellis? Aye. Commissioner Campos? Aye. Commissioner Trena? Aye. Commissioner Valera?

Aye. Missed a couple.

Commissioner Huff. Aye. And Commissioner Mora. Aye. Okay. Motion passes. Seven.

Thank you. Thank you very

much. If I can't

sorry. If I can, I believe the motion passed on a six one vote? You had one now.

That's correct.

Mister Bushehr. Yes. Thank you.

Thank you. Next on the agenda, we have item d, which is a use permit application number PLN2025Dash0049Madrigal. May we have a staff report, please? Yes.

Good evening. Again, Mark Srotex, assistant planner here tonight to also present a use permit application number PLN2025Dash0049Madrigal. So this is a request from an existing firewood cuttering operation on a 4.52 acre parcel in the General Agriculture A 240 zoning district. The project site is located at 1201 Pauline Avenue between California Avenue and Bates Boulevard in the Modesto area. The site has a general plan designation of agriculture and the zoning designation of General Agriculture A 240.

The project site is surrounded by irrigated cropland and scattered single family dwellings in all directions, Paradise Elementary School to the West and State Route 132 to the North. Parcels currently developed with an existing, single family dwelling, detached garage, and residential swimming pool. The remainder of the parcel is vacant and has not been farmed for several years. Bathrooms within the existing dwelling will be available for those working on-site as part of the operation. Firebird County take place in a one and a half acre dirt field on the southern end of the parcel along California Avenue highlighted in blue there.

This area is currently closed with corral fencing and abuts Paradise Elementary School to the west. No construction is proposed as part of the request. Farm cutting occurs intermittently seven days a week from 6AM to 8PM with up to a maximum of five employees on-site. Current employees are family members of property owner. Wood is sourced from orchards and Santa Claus in neighboring counties and is brought on-site once a week via personal pickup truck for cutting.

Access is proposed to be taken off county maintained Pauline Avenue via an existing paved driveway and county maintained California Avenue, because it's a corner lot, via a new driveway with vehicles typically entering from Pauline and exiting from California. As part of the processing of that of this application, several issues were considered. The issues related to code enforcement action on-site, building code violations on-site, a few conditions addressing agency concerns related to the projects, and correspondence from people receiving referrals. First issue, again, is code enforcement action. A code enforcement case, The subject application was submitted to correct a code enforcement violation, case number CE2022, O518 for the operation of a firewood cutting business and private event venue without securing the necessary land use entitlements.

The case was opened in August 2022, a notice and order to debate was issued in May 2023. Subject application was submitted in June 2025. A previous code enforcement case, CE210391, was opened and closed in September 2021 related to the use of the site as a private event venue, again, without securing the necessary land use entitlements. As of 04/01/2026, the Department of Environment Resources code enforcement division has confirmed that no further events have occurred on-site since, 01/15/2025. However, citation fees in the amount of $2,300 are still owed to the county. And condition of approval number 13 has been added to the project to require payment of those outstanding citations within thirty days of

New York's permit approval.

So this is, a wide view of the project site from a site visit I did last week, April 8, from the California Avenue right of way, just showing, a few piles of firewood stored on-site that were approximately about three feet or less in height, with one pile being about five right there, along California. The piles had an approximate five foot setback from the property line, the existing fence line on-site. And here's just kind of a more zoomed in area of photo from the same vantage point. So then moving on to the second issue, the building code violations on-site. Project site is subject to two building code violations for unpermitted construction.

The first of which involves a reroof reroof of the existing garage, remodel of the existing dwelling, and new electrical and plumbing work. Building permit application number BLD20212558 was submitted in 2021 and issued in December 2022

to

permit these modifications, but the permit has not been final. The second violation identified in 2023 involves construction of an unpermitted structure on-site and the conversion of the attic and existing dwelling to a room. No building permit has been applied for for this construction to date. Conditions approval number eleven and twelve have been added to require the final building permit number, BLD20212558 within thirty days of use permit approval. And issuance of a building permit to address remaining issues within three months.

The conditions, do provide an allowance for an extension time limit, if the planning director determines it's warranted. Moving on to the third issue. During the project's early consultation referral periods, correspondence received from the county's agricultural commissioner's office, that expressed concerns around the type and source of wood that is brought to the site. Green waste, I e, small branches and not big enough for firewood, such as, you know, green prunings with leaves from orchard trees present a higher risk of harboring agricultural pests and wood without green waste. So transportation of green waste could potentially introduce pests into current uninfested areas, which may necessitate permitting and inspections from the agriculture commissioner's office.

Upon clarification that the wood brought to the site consists solely of wood with no green waste, the agriculture commissioner's office had no further concerns. Transportation of green waste is subject to federal and state quarantine regulations for pest management, but the transportation of, wood is not. Commissioner approval number 21, requires the applicant to contact the agriculture commissioner's office prior to any green waste being brought on-site. But, again, the applicant stated that doesn't occur and there aren't any plans to. It's just kind of a safeguard.

While the Santa Claus County Fire Prevention Bureau has not raised any objection to the project as proposed, conditions approval requiring setbacks for five wood piles and fire access have been added to the project, which is a 10 foot setback from property line to the five wood piles. And then similarly, condition approval number 10 restricts all activities associated with the business, including woodcutting, storage, any parking to the approximate one and a half acre area designated on the site plan, and piles of wood shall not exceed three feet in height. All driveways and traffic areas also shall be dust proofed and maintained in that condition and satisfactory planning director and just generally no firewood sales per site. That's separate condition. And another issue just correspondence received from people reviewing environmental referrals.

During the processing of this request, staff received a phone call from a parent and student at Paradise Elementary School, which again is directly adjacent to the property site to the west. The parent expressed concerns related to screening of the project site from the school property and the project because the project site shares an existing chain link fence with the school. Condition approval number eight requires screening of outside storage from public view by minimum six foot tall screen fence or uniform of uniform construction or landscaping as approved by planning director. Staff also did receive a phone call from a property owner located in the Southeast expressing support for the project due to its minimal impact on the neighborhood in terms of traffic and noise, which is what the person calling in had stated. Staff received an email last night, which was included as correspondence stating that the wood disputing some of the information in the initial study prepared for the project, which is, again, included as correspondence.

The applicant indicated previously that wooden boxes to and from the site via personal pickup truck, but the correspondence received stated that a semi truck with approximately 40 foot trailer enters and exits property along California Avenue to pick up and drop off wood on-site. And then another photo from the site visit last week. This is from the Pauline Avenue right of way just kinda showing the shared property line between the project site and Paradise Elementary. Those are school facilities way in the background. And, as you know, memo was also prepared today to the planning commission and staff is recommending a revision to construction approval number eight, which the proposed view rises follows.

Within three months of project approval, all outside storage and mechanical equipment associated with the business shall be screened from public view or from view of the adjacent school property of the west by a minimum six foot tall screen fence of uniform construction landscaping, meeting required setbacks as approved by the planning director. The condition was added in response to a concern raised regarding visibility of the operation from the adjacent school site and was not intended to require screening from the public right of way, which is reflected in the existing condition language and would include both Poly and California avenues. So it's proposed to be revised as shown on the slide. The memo was also prepared in not quite response, but in relation to further information received from the applicant yesterday as well. Since the release of staff report, the applicant's representative has provided some further comments on the information contained within.

They stated, again, that fire no firewood is stored on-site, and they requested the reference to the site being used as a private event venue be removed from the staff report. The project description and recommended consent approval set limits on that area and maximum height at which firewood may be stored, but do not restrict storage of cut firewood on the property. And the screening requirement is to be applied any storage equipment within the one and a half acre area of the project site being utilized for the activity permitted by the use permit. And with relation to the private venue, they had stated that requested that be removed because the site has only been used for three or four family gatherings over the years, but not as a full event venue. As of this time, staff report was written, and this memo was written, though.

As previously stated, department environmental resources code enforcement division had an open case on the property for, operation of a non, non permitted event venue, which is, again, still open. General plan and zoning ordinance consistency must be evaluated when processing all discretionary projects, including the project site's general plan land use designation of agriculture and consistent with land use element of the general plan. Unless the planning commission determines otherwise, low people intensive tier one and tier u two uses, which do not serve the general public, are not subject to agricultural buffers based on their personal use consisting of five or fewer people involved in the operation on-site and no customers or other members of the general public expected to visit the site, staff believes the project can be considered low people intensive. Pursuant to the California Environmental Quality Act, an initial study was circulated to interest parties and response for review and comment. A negative declaration has been prepared, for approval, conditions of approval reflecting referral responses have been placed on the project.

To conclude, staff recommends that the planning commission approved use permit application number PLN2025Dash0049. Magical, subject to the condition of approval included in exhibit c of the staff report, and make the findings included in exhibit a, including findings regarding environmental determination, use permit findings, and project approval. That concludes my presentation. Staff will now be available for any questions.

Any questions for, from staff?

Yeah. I

so in terms of this discrepancy or, you know, personal pickup truck versus personal pickup truck under under 10,000 pounds, and and there's a semi with a trailer coming to pick the stuff up instead. What what code enforcement options are there? And what what would that look like in terms of a penalty if it turns out the commission will approve this as submitted, and then, you know, semis are bringing and taking

the product to and from. We should ask for you to use the bait to address that issue for us?

So it it comes down to what the conditions of approval that you would be applying to the use permit. So it would become a violation of the use permit. So code enforcement would go out and would issue, you know, a notice and order, and Lane can speak to whether or not they would do citations. But ultimately, you know, it may come down to me having to come back to the planning commission to revoke the use permit.

Thank you.

Any other questions?

I got it.

If you have any for me, go for it. Well, just I mean, should say what Angela's on there, that code enforcement will go out. Any kind of violation of use agreement will go ahead for the use permit, and then we'll ask for either that to be changed. Citations will start on that, on just that use itself. And, of course, we'll look for any other uses that might be in violation at the same time. And then recommendation we put back to the Planning Commission and back to the Planning Department of actually removing that condition on there back to original.

Layton, I have a follow-up question. What is the status of the case right now?

Right now the

The the citations haven't been paid. The cases have been, you know, open, continuing to monitor. While this process goes on, we allow this process to happen without doing any citations additionally. And then if the violations are correct by this allowance, then once we go out there, we'll confirm with the building permits being needed taken care of on both sides from the house and from this use on here. We'll request to be the last department to do the inspection, and we find that if everyone else is satisfied with what we're doing, then we'll go ahead and close our case on that end.

How long has the citation been outstanding?

Since '22. We started issuing late twenty two.

2022?

2022. Yeah. So this has been opened and closed, stopped going. Know, originally we went out for it was for the event center. The event center was started and stopped. We had another location that was also being started. And then the wood business came in after that. And, you know, there was a porta potty that was out there. We were showing people they were using the porta potty, not the restrooms in the building. There was a tenant inside the building, not family members that that were renting it out.

So we were saying, where are they going to the bathroom? Back and forth so the operation would stop storage would still stay there. They try to remove some of the wood but it was really just moved from one spot to another so we just kept the case open. It took a citation to get them moving again and then that's what they got the use the permit. So that's why we stopped doing citations.

How was this violation brought to your attention?

It was a complaint from the neighborhood. Yeah. About the parties that were happening. And then when we confirmed the parties were, you know, no longer occurring, we did our inspections and everything else, then the new complaint came in from the wood business being operated. Noise, you know, the people are outside that they're using the bathroom that was out Stacks of the pallets, can see one of them that had a whole bunch of pallets were stacked up. Sometimes they were stored, wrapped up, like ready for sale. There was some confirmation, we couldn't figure out, they were saying they were selling it on We never saw that happening. No advertising or anything, but they said that some of it were being bought directly off-site. So that's why we started that up.

Next slide.

What was the name of the event center?

There wasn't a really official name on the event center. It was really posted on Instagram and social media. So it was it wasn't really listed as a family event, but they they said they were held as family events. So, the name wasn't really established at the time because it was really kinda new.

Thank you.

Yeah. I have

follow-up questions for staff public works, status of the roads. And while you're doing that, I can also ask, is there is business license valid?

They do not have a current business license. So firewood cutting, if it's for on-site orchards, just, you know, when they're being replaced, that would be a permitted by right use in the General Agriculture District. But firewood's sales and which would include firewood cutting and storage, typically, that requires a tier one use permit in the general Agriculture District,

which is

what the subject request

is for. And then so there'll be chainsawing and cutting up the woodland properties during school hours. The adjacent property. Right?

Yeah. The applicant stated they just use handheld tools like handheld axe, hardwood splitters, that kind of thing. But, yes, the hours of operation were, I I believe it was 6AM to 8PM. Intermittently, yes, Sunday.

Any further questions before we open it to the public?

No. I I didn't observe any. I saw, a couple cars parked, not loading or unloading wood necessarily. It was just kind of the chalk firewood sitting on-site. I I didn't observe any tools one way or the other, you know, heavy heavy, like, mechanical equipment or the handheld tools either way. Yeah.

And upon our inspections over the years, we have never found anybody on-site doing any of that stuff. So it's been really a confirmation on calling and and doing by mail to try to find out what the establishment was being done out there because we couldn't find anybody on-site doing it.

Hearing no further questions from staff at this time, we're going to go ahead and open it to the public. At this time, any member of the audience wishing to address the commission on this item that is in against as opposed in opposition of this item, please step to the podium and state your name and your reason.

Good evening. I'm Sheila Mello, and I'm here to represent our community and neighborhood that does not want a commercial firewood business in our community or our neighborhood around. This is not zoned for commercial businesses. My husband and I have built our house on Pauline Avenue in November 1976. We have always been very active in our community for fifty some years.

This commercial firewood business is a disgrace and embarrassment to our community and our neighborhood. It has a semi truck continually coming and going in our neighborhood to load firewood with a forklift, which is next door to our elementary school paradise, which is also very dangerous. Massive wood consumes over two plus acres in piles. Also, is a pile of piles of wood pellets, forklifts, and bright orange porta potties. Huge brush piles which collect all kinds of rodents close to the school.

It's definitely a fire hazard waiting to develop. Our community does not like looking at this disgusting property on a daily basis. Neighbors close to the property are having to look at this every day. Are also hearing the semi trucks coming out, chainsaws, wood splitters, noise continuing all day, and more. It's not even feasible to open our windows or have company over in our backyards to entertain.

The firewood business would definitely reduce our property values in the community, which is a very big concern to all of us. And finally, this firewood business definitely should not be next to our elementary school or in our neighborhood or our community. Thank you for your time and listening to our concerns for our future, living in a peaceful life. We all respect and love our quiet, peaceful community. Thank you very much. Thank you.

Any other member of the audience that wishes to address in a in opposition?

Yes. Hi. I'm Stuart Barnum. Thank you, by the way, all of you for your service to the community. I live across the street from I live at 1206 Pauline Avenue with my wife. 've been there almost fourteen years. And I have pictures of the semi trucks on the lawn if you wanna see them. I also have pictures of our shoulder. Our shoulder runs about 280 feet. We have 2.8 acres.

Their semi trucks aren't able to make the turn into their property, so they've been turning on the shoulder, tearing up the shoulder, creating divots this deep, and I have to mow that with my John Deere. Once that soil becomes hard, I can't mow that with my John Deere. So they're tearing up the shoulder right there, but I have more to say about this operation. First year, they started with the event center, and that's the name of it. The event place is what they were billing it as because somebody came up to me at my front gate and asked if my house was the event place because he had a wedding that he wanted to have.

So anyway What's that? I have I

have pictures on my phone, but I

don't have

them yet. So like the prior person said, I believe this devalues our property having this there for three reasons. Unsightliness, pests I've been having, termites and small mice that my cats have been catching. I've had feral cats for fourteen years almost. They've only caught usually gophers, lizards, and a couple of birds.

But all of a sudden, since the firewood operation started, they're catching small little mice with big ears. So I think they're finding homes underneath all this wood. Unsightliness, yes, four orange porta potties, stacks of pallets, large tarps that blow around, a bulldozer forklift. As far as the noise goes, there's a generator that starts at like 06:30 in the morning. No matter where I go to the end of my property, I could hear this generator.

It sounds like a motorcycle on low throttle All day and night. They were even there on this past Easter at 06:30 in the morning cutting wood on Easter. And then they'd use the chainsaws. And I don't have to imitate a chainsaw sound, but it's pretty annoying to hear chainsaws all the time. As far as the employees go there, the employees, she says they're family members, but who knows if they're family members?

Who's vetting these people that can walk right up to these children? There's only a cyclone fence that separates them that you could see right through. So that's a big concern about who these people are that are always looking at my house and the four or five houses that are opposite them also. Every time you go out of your house, you've got these workers looking at you. And they want this permit to be seven days a week? Is that fair to the people that are living there across the street from this? I don't believe so. So about their employees, they're not following OSHA rules. They're not wearing hard hats. They're not wearing goggles.

They're not wearing steel tipped shoes. I don't see any medical extinguisher kit there. Those are all things that they should be following if they have a business. Let's see. What else do I want? I would like to know the name of this company. I would like to know how much money they made last year. They were operating there for a full year, and if they filed it on their tax returns. And I would also like to know, if this passes, what are the height limitations going to be? They say three feet.

They're over three feet now. That picture right behind you of that deep rebrie pile is at least it's been there so long that you could see there's weeds growing on top of the pile. That's how long it's been there. Now, from what I've just heard everybody talking about, they haven't paid fines. They're not obeying the rules. I don't know what the commission why we would think they're going to follow the rules going forward with this wood operation. So I'm totally against this wood operation. Semi retired. My wife worked thirty five years as an RN in a hospital. She's fully retired, and that's our retirement home.

And if you guys want that across from your home, then vote for it. If you don't, then I would say, please don't. Okay? Thank you. And if you need any pictures, let me know. I've been sending pictures to Mary Anne in the code enforcement department this whole time. I got pictures of semis, porta potties, debris, pallets, whatever you want. Okay? Thank you, sirs.

Thank you, ma'am. Else who wishes to speak, if you only have something new to say, in the interest of time, if you agree with the previous speaker, please state so. Thank you.

My name is Manuel Furtado. I'm the school board president at Peter Heiss Elementary. You haven't seen the We'll make it quick. It's everything's pretty much been said. Speaking last night at a school board meeting, that was brought up to our attention from staff. That was our big concern was mainly was the intake in rodents, and that was the big thing. Also, the second thing that staff informed us about was this semi truck. And, a lot of kids, I don't need to inform you, but ride bikes, walk to school. And this semi truck coming in is a big problem. And the parents brought that attention to our staff, which informed us last night at the board meeting.

So that is our big concern at the school. So hopefully we can do something about this. Thank you.

Thank you. Can I

ask a question, sir? Yes, sir. So we're looking at if they're looking to improve this, we're looking at adding in a six foot high fence. Have you had any challenges in the back of the property?

It's a cyclone fence now. Six foot now.

Okay.

Yeah.

Have you had any challenges in the back of the property between your school and what's it seeing green in regards to people between the fences, your school children, and the workers there?

No.

Okay.

No. But we can see one another, but there's been no contact between us and them. Thanks.

I have another question

for you soon before you leave. Do you hear the noise that has been mentioned when kids are there and

Yes.

You do see it and there you do the kids experience

that as soon

as the generators like this mister said. Yeah. We can hear it. But but, yeah, that's that's one of the problems. But parents, their biggest concern was the roads and the semi truck. That's the thing we hear mostly, the traffic coming in and out of there. The noise wasn't really we have kids screaming. You know? Honestly, testing's coming up here later this month. It'll be a concern, obviously, but, it doesn't you know, they're inside, so it doesn't really bother us that much. But it is it's there.

But But the

road is

something that you have experienced?

That's our big concern. And that that truck yeah. That's been the big thing in the in and out of their traffic, but that's our big concern coming from Paradise School, which is 200 kids at our school. So thank you.

Thank you. Anyone else speaking in opposition?

Hi. Good evening. My name is Tanya Rowling, and, I live directly across the street. And I look out my kitchen and dining room window, and the first thing I see, and if you'd like, I can show you pictures from yesterday, a semi truck backed in with unlimited piles of wood. I've been in this house for twelve years.

I have, believe it or not, five very small dogs. I have never, in the years that I have lived there, had an issue with fleas or animals, rodents, pets. Of course, a few mice here and there, but nothing to the extent that I have now. I now have to have my dogs on lice medic lice Flea medication. Flea medication, which I don't think is right that I have to put poison in my dogs because ever since this came in, I now have fleas in my in my house and my animals, my dogs.

It's a sight. It it it's horrible to look at every day from 05:00 in the morning sometimes in the summer because they want to work when it's cool before it gets too hot in the afternoon. I'm going to make the noise that you hear, ka chunk, ka chunk, ka chunk all day long. And I happen to work at the school as well, and the teachers cannot have their doors open and let fresh air in because of the hideous noise that is all day long. It is absolute hindrance to our beautiful, quiet, wonderful neighborhood that is residential.

I don't think that this should be allowed. And I agree with every other speaker that was up here that this is an absolute chaos ever since this came in. So if you'd like to see any of my semi truck pictures, I have them.

I have a couple questions for you. Sure. So the report states that the fire cutting is done intermittently. Are you referring to saying they're cutting there every day of a week, or is it just certain times during the year? Just want to make

sure we

clarify the important

Every day of the week. Unless it's raining. Unless it's pouring rain, then they'll stop. But if it's not pouring rain, they are out there seven days a week. I open my door on my weekend to try and let some fresh air into my house, and I hear the ka chunk. Ka chunk.

So it's in January, it's in May, it's in September, it's

As long as the weather's good, they're there.

Okay. And then I don't know much about dogs and fleas and all that, but do you see a direct correlation between this related to your dogs because of when you moved in? Or how do you correlate those two together?

100%. My dogs, in the twelve years that I've been there, never had fleas. And the moment that this wood pile, all of these wood piles that are higher than the fence have come in, my dogs now have fleas. I have additional spiders, rodents. I have gophers in my backyard, my front yard. I never had these kind of issues or problems before. Minor, but nothing to the extent that it is now.

And and can you recall back how long back can you go when you noticed these issues? Like, back to '22, '23? What timeline did you

notice these changes? It has been about a year and a half. Year and a half.

Yes. Thank you. Thank you. Thank you very much.

Appreciate it. Thank you. Have a good night, guys.

Thank you. Any other member of the audience?

Good evening. My name is Vince Dykzel, d y k z e u l. I'm general partner, general manager of Dykzel Properties. We own the Almond Orchard directly south across from California Avenue from this facility. My worry is squirrels that hide up into the wood coming across in the day in my orchard.

And also of the 200 acres we farm in that mile area, that corner across the street from the firewood is the only area that we have a disease in our trees called blast. Now whether it was brought on by the firewoods I doubt it. I think they've had it for a long time but those are one of the things I worry about with the green waste that has accumulated there. So I just wanted to make it known and that's it. Thank you.

Thank you. Anyone else in opposition?

My name is Karen Zager. I was the one that sent the late notice because I've, z a I g e r. So they're telling you that their space is there within the green lines. The driveway that they're proposing to use on Pauline is past that. It's within the trees.

There's the only driveway there. That's why there's such an issue with the semi trucks coming and going from California Avenue right next to the school. The trucks, when they get lost, end up down on our property on Garrison in California and turn around in our field. Been This an ongoing problem since they started this. So we're in complete opposition of it. Thank you for your time.

How long have lived at your property?

I've lived there twenty years. He's he's lived there forever. He built the house.

And and what was what was the parcel before this operation?

Oh, the before this, it was owned by a family in the neighborhood. I can't remember.

That was the house. That was

so it was just a cow pasture. But the family maintained it. There was never an issue with the land. Yeah. They maintained it. They kept the grass taken care of. There was never a problem. So and it's you know, they keep talking about fencing and keeping us away from the school, but I you're gonna have issues because that's an MID pipeline there between the the the wood cutting in the school and that property. So I don't know how they propose to do that. But

So this semi truck that you mentioned in your email, it comes once a day to drop off wood, and then it gets filled back out when it goes?

It's not every day. I do know it's I don't know it I don't know that it's every day. I don't live there. I go by it like a gazillion times a day. But every time I go by, there's a truck. And like I like different people have said, it's gotten stuck. They they get turned around and they're they're not going the right direction. So then they have to go farther down past the school, try to turn that semi around, and it's damaging the properties of whoever they decide to turn the truck around. So you've got to, you know, fix the the right of way. Yeah.

Ours is right there on Garrison in California. So it's very frustrating. And our concern, of course, is for the kids. That truck is there trying to turn around by the school. So thank you.

Thank you. Anyone else speaking in opposition?

Hello. My name is David Word. I live down the road. I've lived out there for fifty years and it's always a nice place to look, you know, horses, cows. And since it's been going on, it's just been an issue there. And I believe that any of you that lived across the street from this and pay a lot of money for a piece of property and want to have a nice place would be opposed to this. And anybody that wouldn't be, I wouldn't understand. Thank you.

Thank you. Anyone else?

Good evening. My name is Jerry Hemstra. I live at 3012 California Avenue, roughly a quarter mile east of this property. I go by it quite often. And every time I recall what it used to look like, it was a pasture with with horses or cattle out there, just a few cattle. It's just an absolute disgrace. In my opinion, these people have been bad neighbors from the start. The party started. All of us can agree. It is maddening, frustrating At midnight, we have this stuff going on.

Only till till we got on the phone and called the sheriffs to shut this thing down. And then all these code violations, they owe the county money. Why would you approve this? That's my 2¢.

Thank you. Anyone else? Okay. At this time, would you I'd like to ask oh, there's another gentleman. Oh, wait. Sorry.

My name is Sam Ward and I live down the street also next to David. And it just looks to me like it's a poor just a poor idea being right next to the school to have, you know, something like that going on. I mean, I don't know about all the dust it's gonna make or whatever, but it you know, with trucks turning around right there, I mean, it's kinda close quarters anyway there. And to have something like that just I don't know. It just doesn't seem really appropriate to me. But I didn't hear anything anybody else said because I can't hear you guys back there. Anyway, I think it's a bad idea.

Thank you. Anyone else speaking in opposition? Thank you. At this time, anyone oh, sorry.

Hi. My name is Erin Zager. I don't wanna repeat everything you guys just heard, so I'm in complete agreement with the people who came before me. I am just a parent of students at that school. I am very much worried about their safety and their privacy and the noise that can affect them and their learning. We are a high ranking school when it comes to testing and performance, and I would hate for that to be disrupted.

Thank you. Anyone else? At this time, anyone wishing to address the commission in favor of this item, please step forward.

Good evening, commissioners. My name is Ana Maria Madrigal. I am the daughter of Miguel Madrigal. He's the property owner on title. And I wanna thank you for the time, for taking the time and reviewing this. And I also wanna thank the staff for the recommendations. So this project summary, I heard every one of my neighbors. I was not aware of that feeling, but that's the reason I'm here. This is a small family operated firework cutting activity with no public access. We have no public cells on-site and there's very minimal traffic.

We have cameras on our property and I welcome you to see them and view them. There is very minimal traffic in our property with this operation. Like I said, it's a family operation and the reason we do the cutting at our property is our elderly to keep them active. My father's 76 years old, my uncles are all in that range and they go out there and they cut the wood at their pace. We are not making a lot of noise.

I welcome you to come and sit outside when we are cutting the wood. The noise is very minimal. So you can be literally parked out in your car with your windows open, the noise is very minimal. I welcome you to come. We acknowledge the prior code enforcement matters and are here to bring everything into full compliance.

We are committed to meeting all county conditions and timelines. What's the impact? Our operations are low intensity, intermittent and limited to a small portion of the property. No customers or public are open and we have never done any on-site sales whatsoever. We will comply with all the screening requirements and ensure that the sign remains appropriate especially near the neighboring school. We're not asking for an exception. We're asking to do this the right way, fully compliant with the county support and oversight.

Thank you. Any questions for Ms. Matrigo?

I have some questions. Is your business license up to date?

We do not sell the firewood. Like I said, this is more of a hobby for my elderly uncles.

What about the fines?

We I I was under the impression actually, my assistants here with me, I was under the impression that everything was paid up to date because we did pay a bunch of fines. But when we initiated the application, I met with the county, I came here and every other my understanding was like, the gentleman here said, I didn't hear your name, but you know I heard that once we start the application while we're in process there will be no additional fines until we finish the process. And that was my understanding. So if there is any additional fines like I said we are here to comply with the county And if there's any dues, anything that we owe, we will pay for.

So I understand it's a hobby, yet you are running large trucks in the property. Could you give me a little about your business model, how it works? Where's the wood coming in from? Where's the wood going out to?

Sure. So we are a farm labor contractor that we do not operate there. We have an office right here downtown Modesto, and we employ over 700 people in the county of Stanislaus. So we do pay our taxes. We do do we do do provide a lot of jobs for a lot of people. A lot of the food that all of us eat is brought to you guys by our people. We have, like I said, over 700 employees. We do farm labor contracting. That's our business. This is just a hobby and when when we got called, it was called to our attention that we couldn't cut firewood in our property where it's ag zone.

It was it was actually a surprise to me. I didn't understand why we're not selling the firewood. It's not a firewood business at our location. It's just something to keep my elderly uncles and father entertained And you're welcome to go, I mean, all day, any day without letting me know and you'll see the people that are out there cutting the wood.

So what about the excuse me.

What about what about the piles of pallets? Because to me as a farmer what I see in these pictures is it looks like that lot is being used as a storage lot for your farm labor contracting business.

No. We have like I said an office downtown. I'm asking about

the pallets.

Okay. So what was your question again?

What are the pallets there for there?

To put

pallets being stored there?

No. Because when they when they split the firewood, we put it's all in the description. But when we split it, they pile it up on those pallets to that and then my uncle takes it. He has a facility that it I mean, he has a whole orchard out in Ripon and that's where he keeps it.

So and the pallet sorry.

And the pallet's the one that's the the small pickup truck that's described in the project description.

I'm not sure where you're getting where that I'm gonna take a look at what that is because I heard pickup truck today, but when we did the description, yeah, those have to be hauled out, you know, in a in a in a big truck. I don't know where the pickup truck came from, so I I I need clarification on that because

We need clarification.

Okay. Yes. Yeah. But I mean, I'm not here I'm here telling you we want to comply with whatever we need to do. I mean, this permit to me is it's, you know, I'm complying with the rules. I didn't understand why because it's a very expensive permit to apply for when we're not running a business at our location.

So you're maintaining that this firewood that you're chopping is for personal use?

We yes. We take it to my uncle and my uncle gives it away or does whatever he does with it. But these are all we do farm labor contracting. So we sometimes they give us trees that we need to take off from the orchard and we do that. And then we bring it to our house and then we let my uncles whenever they feel like working go do the work.

Miss Madrigal, what's the name of your labor contracting business?

Madrigal Farm Labor Contracting.

I have a question regarding the event center or the event business. Can you tell us a little bit more about your connection to those events that took place on this property?

We had four events and like I said I have cameras, I have pictures for those four events that we had when we purchased the property. We had four family events that were large. Yes. We have a large family. But right away, I had the sheriff over there saying that we're holding an event center. Nowhere do we have, he called it the event venue. No. Actually, there is an event center on the next street on Grimes. There is an event center there. But our property has never been advertised, promoted, or it's I mean we have never rented it to anybody.

It's our family. We've had four events and I can show you through camera, pictures, timelines. We've had four events at our place. Yes, they were very large. It was my brother's fiftieth birthday, it was my niece's quinceanera, and it was my other niece's quinceanera, and it was my father's birthday.

You don't rent

No. And there is no social media, so I don't know where that information was received from ever. There has never been. There there there's nothing. No social media. So it's a he said, she said kind of thing because no.

What would you be amenable to a pickup truck instead of a semi truck for hauling in firewood? Or pick up with a small trailer. Would that be

I believe the product description had stated personal pickup.

It said a truck with a gross vehicle weight of less than 2,000 pounds. Yes. Personal pickup.

Yeah. So it would

that include a trailer? Like a flat trailer or something? Or

We're in agricultural zoning. We have big trucks picking up crops all the time in our area. I mean there's big equipment going to take care of the orchards. How is that different than if it's a truck picking up our firewood and taking it somewhere else?

It's just a matter of visibility.

Yeah. No. I understand. But but they were speaking about road endangerment and turnings. There's big semi trucks picking up crops all the time there in that area.

Can those pictures can you show those images of the piles of wood, please, so that miss Madrigal can see. So miss Madrigal, you're saying that all of this wood that is chopped by your family members for as a hobby just to keep them busy, you make no money out of this completely?

Yes. Our money is made from farm labor contracting. We've been in that business for many years. My father has we've resided in Stanislaus County and lived here. I was born and raised here. So we've been here over forty five years in our in this county contributing, paying taxes, and serving the community as a farm labor contractor. And when did your father purchase this property? We purchased it I I don't I mean, don't quote me on this. I wanna say '21 or '22.

So when when the when the wood is hauled away, it goes to your other relative in Rippin. In Rippin. What does he do with that?

That's at his discretion, to be honest with you. It's my uncle. He keeps it, and whatever he does, I mean, that's at his discretion. What we do at the property and that's why we're here is just have that so my uncles can do something and stay active.

I have a follow-up

question. Sure.

As a business or you call it a hobby, can you give us an idea of how much money wise this cutting of the wood and transporting it to your uncle's business makes for you?

We don't sell it to my uncle. If if we did, I have no problem disclosing that, but we don't sell it to my uncle.

How much does it cost you?

To take it? My uncle picks it up. So it's it's not our cost to be honest with you.

So that semi belongs to your uncle?

I don't know. Honestly, I don't know. I don't know if he rents it or what if he don't know.

Does he pay you rent or does he pay for the transport or he doesn't

He yeah. No. He just picks it up. So, I mean, I I don't that's so that's property is under my father's name, and he and his brothers come and hang out and and cut the split the wood.

How many of them hang out to cut all this wood?

It's about at any time at the maximum, you will find four people at any given time. And are those four people? Father, my father, my uncle, and his brother and his other brothers. Four of them.

All retired?

They've never retired, but yes. Yes, I have no problem to even put in a block fence if that will alleviate and help them feel safe so that they do not see us and the children feel safer and the parents feel I have no problem putting a block fence. I mean if that's what needs to be done, I have no problem with that. Like I said, I am here to comply and alleviate any problems moving forward.

The issue I see here, just to be open about this, looking at this, is your hauling in product and then hauling the product out. Cutting this wood, it's not from the facility. Correct? This is not trees from your own ranch at No. There's no trees. This is agricultural property. I just don't I don't I feel like this is more business type of moving stuff and then moving stuff out during school hours seven days a week. Is that true that they work out there seven days a week?

No. When we submitted the application we left it open. Were trying to just leave it whatever needed to be done and see what needed what came back. But that's how we submitted the application like I said. You guys are more than welcome to come unannounced, stand there and park for and see what activity goes on, what noise level goes on so that you can see for yourself what is really happening.

Considering that it is just a hobby, would you be amenable to adjusting your hours of operation to, say, the afternoon after the schoolchildren are leaving it or done?

Say that again.

You be amenable to changing your hours of operation to after the school children have left? So say 02:30 onward to, I don't know, eight. Something something that leaves the morning free of Noise. Noise for the school children to concentrate on their education.

Well, I think I heard one of the board members say the noise really when they're in the classroom, they can't even hear us. You could actually hear the kids screaming louder than you can hear our noise. And then also like I said I have no problem putting a block fence to separate us from the school.

So you'd rather keep the hours of operation?

Well, that's kind of like their hangout place in the morning. They get up at five in the morning, hangout, go get their coffee, and and kind of chill at the at the property.

So the language being used here, it says four to five employees and you said they are volunteers.

Well, initially I put it like that. It was family members but they told me I had to put it as employees. We kept saying, I can show you emails, we don't have employees. This is family members.

There is no way for us to distinguish between a family member and a paid employee So we're looking at the number of people who are on-site and we're considering them to be employees.

Angela, thank you for that clarification. I'm trying to decipher a hobby versus a business and how the county and the department sees that, even though what we're hearing from the neighbors and the people. How does a hobby versus a business where we see product comes in and comes out, how do we decipher that not having a permit?

That can be kind of difficult to decipher, but I think in this case, it goes to the scale and intensity and whether or not it's incident al and accessory to what you would normally see on a property of this size. And this amount of firewood being brought in and taken out for no specific use on the property is not something that's incidental and accessory to property. So we would see it as requiring to get a land use entitlement. Now whether or not they're making any money off of it, we don't require that they make any money off of it. But we would treat it as more than a hobby and see this as a business.

Thank you for that clarification.

Miss Madrigal, do does your father and the rest of the family live on the premises? No. We they all have their

own house.

So they all get up at 05:00 in the morning and they come in, do their coffee, you're there, and then they start shopping Mhmm.

All day long. No. They're 75, 76. They probably chop two hours at a time, take their breaks, then the other two might start chopping. So

Do you have other properties in Stanislaus County?

Yes, I do.

Do they all have close proximity to school?

No.

Could your family members perform this hobby in another location?

Maybe slightly more secluded?

Well, this is a very large property and we want to utilize it. I mean, it's agriculture so I don't see the reason like I said we have done everything to comply after it was been has been brought to our attention and we I mean just like all of us here we pay taxes too. We pay our property taxes. We pay our business taxes. We employ a

lot of people too.

I have a question. Does this, as you mentioned at Hobby occur at your other properties?

Not necessarily. I mean, I live in a track home area.

Does

this again, hobby or a business that benefits your uncle, does that occur at any other property that you own? No. No.

Because I live in a track home, so does my father. So this is like where all the brothers get together.

So it

is connected to your business, to the family business?

No. Because we have an office. We operate our business. We have an office downtown Modesto.

I think what you're getting at is what does this uncle in Ripon, is he also in a track home or is he on an orchard?

He he's in a track home, but he owns orchards out there.

Have you had a chance to meet with the neighbors to go over their concerns?

You know, I didn't see this as a concern since, like I said, it's very low impact, very low traffic. There's only a few guys hanging out there and I mean, I I didn't know that all of these concerns. When actually when we had the our third or our last event that my last niece's quinceanera, we actually went and knocked at everybody's door because the last previous one they called to the police on us and we let them know we are having a huge family event and I have the list of everybody I contacted, let them know if we are in any way or form disturbing your peace, please call me. And they did and we lowered the music and then after that last event I said no more. But these are our family events.

We should be able to enjoy our property just like they all do because they have parties too. They have parties with loud music too. And I don't see anybody asking for my permission to have a family gathering at their property, but I did that.

I have one final question. When was it brought to your attention that you were receiving violations? The citations. Did was that brought to your attention as the owner of the business, as the property? For? The citations Uh-huh. That were when was that brought to your attention that you knew there was a problem?

When it was brought to my attention, then I called court enforcement and I know you were asking her for the clarification. I did the same thing. I said, how do I avoid this? What's going on? They too asked me, as a matter of fact, I originally submitted the first application as a hobby, some type of a hobby application that you guys have in the county.

And I submitted that application initially to alleviate the code enforcement and to notify them of what we were doing and that it was a hobby. We're not selling anything. It's not a business at the property. After we submitted that application then they told us no, we cannot take that. Now you have to submit a full application and pay the $5,000 plus for the application. So we have been trying to fix this and comply with county requirements since we got notified of the code enforcement.

So you don't sell anything on your property? No. Your uncle picks it up. Mhmm. He takes it to his set and

then he sells it. Whatever he does, I mean, I can't vouch for that. I can't say he does. Yeah.

Who currently lives on the property?

One of my uncles. Yeah.

Were you the one that said that there was no storage of firewood on the site, Marcus? Could you maybe bring that back

up? One of

the slides said there was no storage of firewood on-site. Sorry.

Just fine. I think it was the memo slide. Yeah. Yeah.

But it's a condition, but we'll do not receive storage of firewood So

it says

Do not restraint.

The second no. Second item there. It says stated that firewood is not stored on-site.

That was email correspondence received from the applicant's representative yesterday, and then from previous email correspondence back in the earlier stages of the project just with clarifying info on the project description that would it had been stated that no firewood stored on-site. So so the conditions of approval specifically speak to the interim storage, you know, after wood's cut just between shipping it out. Because with conversation with the Fire Prevention Bureau staff, they couldn't they hadn't provided comments initially. And then, asking for further clarification, that's when they gave the setback information, the 10 feet from property line Right. If firewood's stored on-site.

And so we applied those conditions because it's just kind of not clearly defined and harder to distinguish between the interim storage right after cutting versus long term storage, which other firewood cutting operations would typically have.

Right. Other than inspecting the ends of the locks. It would be pretty obvious. Alright. So you this wasn't you that said you don't don't store firewood on-site?

No. I mean, it's, you know, it's a broad definition. The storage is like are we keeping it for is there a certain period of time because we don't store. We don't keep it for months and months and months. Once my uncles cut it up and put it and pile it up, as soon as it's ready we get it out of there.

So it's not it's not a storage for for sure. Now if you guys want to put after it's packed up a certain time frame get it out of there to consider it no storage. I have no problem with that. And for my neighbors, I mean by all mean, I don't want to be a bad neighbor. If if looking at the pile of firewood is a problem, I will plant trees all around my and this is extra stuff that is not being required, but I don't want to be a nuisance to my neighbors by all means.

Like if it's looking at the site is horrible experience for you and it's disturbing your peace, I'll plant trees around the fence. I would just like the fact that my dad and my uncles can go and have a place to hang out, do their things, stay active, and not shut down on me because

I I think some of the concern is, you know, nuisance abatement has been out here. They've dimmed citations, and you're saying we don't wanna be a nuisance yet. Obviously, we're seeing it as being a nuisance and you're being fined for it as a nuisance. It doesn't seem that the issue is being resolved, and it seemed like there's a disconnect between the time frame in which these nuisance abatement citations have been issued and the time they're actually being taken care of. And today, as you say, none of these have been paid as of today.

They have it. I have a huge portion that were paid as soon as we started the process. There were some citations and I paid them and I have a receipt for that.

I had a question. So did your uncle and your father do this hobby before moving in the property on another location or did they just start

at this No. They I mean, they were busy before. They I mean, like I said, we have over 700 employees before they were more active. They were out in the field, out in the orchard, managing people. They don't have that ability anymore.

Okay.

And Ms. Madrigal, finally a question. You're willing to go through all this trouble and money out of your pocket that clearly is not related to your farm labor contracting activity all to keep your dad happy? Yes.

Okay. That is my father. Okay.

Anything else from the other commissioners? Any questions for miss Madrigal? Okay. Thank you very much. Any other member of the audience wishing to address the commission in in favor of this item?

K. I think it's in opposition. That's been done. I don't think we need to hear anymore. I'm just gonna go ahead and close it now. Okay. At this time, I'll go ahead and close the public meeting, the public hearing, and bring it back for commissioner concerns, questions, additional questions from staff, and some direction. Yeah.

I have a question. Where where are we at public works in the roads? I saw you're busy over there. So. Commissioners, chair, members of the public, Christian Milano with Stanislaus County Public's Plug Works Department. So the question was the condition of the roads, and we measure that through the PCI pavement condition index used to measure the general condition of road pavements from a range of zero to a 100. On Pauline Avenue, the PCI is 54, which is a score of fair. And on California Avenue, it has a PCI of 62, which is a score of good. And this was last inspected in 2022. Okay. Thank you.

Thank you.

Any other questions from staff?

Was there any consideration for a sound wall on the back of the property at at at joining the school?

That hadn't come up in previous conversations or in the previous correspondence received. The the conversation I had with the the parent, it was primarily just for screening, which is why the condition existing speaks to just, you know, screen fencing or landscaping. It was primarily just for the visual blockage that Noise hadn't really been a complaint that came up previously.

I have a question. Do we know anything about what I feel is the missing component here, which is, in this case, the uncle who picks up the wood? I wish we could hear from him. I wish we could know what is that missing component in all of this. We heard from, you know, the fine folks here who are in opposition.

We heard from, Miss Madrigal about, you know, her definition of this. But I do believe, from what I hear, this is more than a hobby. It's obvious. There is, as my fellow commissioners articulated, there's a product that is being produced and moved. Right?

But we're not being told where that product goes and how it's being You know, there's a missing part of this component and I would like to know more. I would like to see how the violations are being addressed. And I'm I really would like to continue this till all of those needs are met. And I believe there is number eight, number 10, number 11, number 12. These are conditions that I believe need to be met before we can even consider, personally consider for this to continue or even be considered for a permit.

I I would I would add too. I mean, I I'm the scale of the scale of the operation, whether it's volunteer or not. I'll put it in a different way. I mean, it used to be in farming, you could you could get paid for your calls. Right? People would come take our melon calls long before I was ever involved. They they buy them. And now we're just happy to have somebody bring a truck by to haul it away. I I run one of the last asparagus packing sheds in California right now, and we have two double trailers generated about every forty eight hours of asparagus calls. Thank goodness some farmer comes who's got a cattle cattle ransom when he hauls them away.

That's the scale of what I'm seeing here. It's not a hobby. It it's it's far beyond what I would consider a hobby, And I and I'm I'm troubled by the attempt to present it as a hobby.

And I'd like clarification on, the uses. I know it's ad zoned, but I'm thinking more in the lines of a lumber mill rather than and would that conform in the area where it's at? It doesn't seem to me like it would. I read I read the, you know, the the consistency and the allowed uses, but it seems to me that it's more than chopping wood. It sounds more to me like since they're bringing in wood, chopping it and then hauling it back out. And that sounds more to me like a lumber mill activity.

So you do have companies out there that do engage in orchard removal, and we have had used permits in the past to establish sites where they could bring the wood in and they could cut it into firewood, which would then be sold. So it is an activity that we have seen because we have a lot of orchards in this county. It is not considered an ag use, but it is an ag related use. Under the county's tiered system, it's a tier one use that can be considered. They're they go through the use permit process because it's a case by case review, and there's circumstances applicable to every property, given the surroundings and the nature of the business, and the operation of the business, and that's why we're here, is to look at that one to see whether or not it is a fit for the neighborhood in which it is being located.

Considering that I farm around seven schools, and during the education period, I'm not allowed to do a lot of farming activities. So the cautionary thing here for me is you're next to a school, it's working during the day during school hours. I'm not allowed to do that in a lot of different aspects. So I'm kind of holding it to that same standard.

So what would be the direction of the commission this evening? I hear commissioner Morad maybe consider a continuance so that we could hear and get some answers from the uncle that actually takes in the lumber? I also hear that we have concerns about it not being a hobby, and I totally agree with that too. Would the commissioners consider a continuance or any commissioner ready to make a motion this evening?

If I may just with regards to the issue of what's happening with the wood once it leaves the site. From a land use entitlement standpoint in the activity, I don't know that there's much more information that staff could get on that and how relevant it would ultimately be because we're looking at the activities that are taking place on the site itself.

I understand that, but we could get more concrete information about the hauling of times of the day from that individual. But if it's not necessary, other than school, we also have neighbors that live adjacent. And we heard from them as well. So going back to Chairwoman Campo, my point is I would like to see some of these violations met before we can consider, especially the citation as well, and some of the really important categories that I mentioned earlier to be met before we can revisit this. And that's my suggestion and recommendation to the commission.

I'm worried about the disconnect between the the owner of the property and the neighbors. I'm also worried about the fines not being paid. I would be more inclined to decline so that there's an opportunity for some things to rectify the matters and fix it and provide us updated information going forward.

Is that a motion?

No. Oh, yes.

What would be the course of action this evening that would be recommended? Would we deny approval to give the applicants the opportunity to maybe address these items and then bring it back to us? Or would they have the opportunity to go to the board of supervisors for reconsideration?

If we were to deny it, then

they would appeal to the Board Yeah.

If Planning Commission wishes to deny, which just sounds like there may be some desire to deny this application, it would be appealable to the Board of Supervisors. So the applicant would be able to appeal it within ten days, And then the decision would be made by the board. I will just say that an application once a use permit is denied, they cannot refile on it within a year unless some kind of circumstances have changed or the Planning Commission wanted to. I would think that the Planning Commission said you know we want to see x y z happen before the application can be resubmitted that it could apply before that year but I just by ordinance the typical stance is don't apply in

the year. Recommendation, of course, of action would be to to recommend a continuance?

The decision is up to the planning commission. I would say based on all the information that we've heard today, staff made its recommendation based on the information that the applicant had provided. We go through this process so that we can have the opportunity to listen into the neighbors and hear the concerns and the issues that are being raised. If the Planning Commission chooses to find that this is appropriate to deny, that may be the best course of action because a continuance is just going to prolong this at this point. The code enforcement issues have kind of been stayed while we're going through the use permit process. So it really doesn't bring any closure to the issue and for how long would it be continued and what additional information would we get.

Well, it seems to me then it would be, in the best interest of the applicant if the direction of this board is to deny, is to give the applicant the opportunity to appeal to the board of supervisors.

I I have a question for county council is what if what if the commission and I'm not in favor of this, I'm just asking the question. If the commission took no action on the application.

I don't think that's

fair to

the applicant. I mean,

I agree. Yes. I agree. Just asking what's no. Yeah. No action.

I have am I on?

No action. I I think you've got three options here, and I think it was stated very well. One is approve. Accept staff's recommendation. Two is to deny in whole. I I do think there is that third option, which is the middle ground, provide more information because as staff has indicated, if you deny, you are subjecting them to, unless they change their application drastically, it's a year. They can't can't apply by by code.

But if we deny appeal,

they can appeal.

They can appeal. And that would be a short period of circumstances. Time.

Yes. So I'm with staff on this one that I don't know what staff would bring back to you now. You could add a bunch of conditions on it, but I don't know what staff would bring back to you if you were looking to try to continue it to some dates or Yep.

Got it. No. That answered my

question. Thank you.

I have a question for Angela. So let's say if this was the denial, would that this has been going on for four years minimum, I believe, if I'm correct.

Since '22.

Since '22. And would that be with cease and desist?

If the use permit was denied and the appeal didn't they didn't appeal or the appeal was was denied and and there was no further action that they could take, then code enforcement would proceed with whatever means that that they would that they would take to bring the property into enforcement.

Is that, Lane, what happens next? I'm just trying to understand what, you know, the next step is.

Yeah. And if that isn't denied and the process still continues, we'll then continue with code enforcement actions on the property. Considering all the the actions are being done, the neighbors, everything else, I'll push this to go to the NAB and basically do a force abatement on the property to discontinue the use. We'll to make it clear right then and there and then bring it to the NAB commission to decide how they wanna do. The recommendation of staff will be that the use would have to stop because the use permit was not obtainable.

This use is illegal and NASA discontinue. And then if the we would recommend a staff to bring that as to be abated. And so if they don't take care of themselves, we'll go on the property and abate it ourselves and take everything off to it at a cost of the owners. And then that would be the recommendation that would be sent to the board of supervisors. And if they agree to that, then they'll do that. And if the board of supervisors want to adjust that or do anything to that, then we would go off that.

And the citations continue as well?

Citations will start up immediately. If this is denied tonight, we will start them up tomorrow if the operation is still going on. You know, we will talk to them. We'll say we'll give you ten days to probably discontinue the the service. Obviously, give them some time because they're in the process of doing this. But we will say that, you know, if you don't wanna work with us and agree with us in those ten days or two weeks, we'll start up some citations. This did start, like I said, in '22. We gave them time until '23. Start issuing citations in '23. The events would stop.

And then, you know, we do have everything has been stated. The trucks coming in, everything else has all been true. You know, nothing to denial. This is happening on the property. You know, we're bringing in 40 foot trailer full of of wood that's being stacked down pallets, four foot, five foot tall, shrink wrapped, and then moved off a site, you know. So, so all that is being conducted there. I don't see a proposal for any kind of building to be constructed for indoor use or anything like that, to have any type of business started up because it's a hobby. So we're just gonna have to say we have to discontinue the use. There was no nothing that code enforcement can, agree on and say, well, this is what we have to work on. It's gonna have to be either get it approved through this procedure or they have to stop completely.

Thank you. Mhmm. What's the direction of the commissioners?

I I would like to leave my thoughts that it it's never in the best interest of us to deny a business that is making money, that is hiring people, that is contributing to the economy of Santa Claus County. This is not a business. This is a hobby. However, it is causing all of the issues that were discussed tonight. So my direction and my thoughts are to deny this.

And once they meet all the clarifications and all the code enforcement, they are in compliance, they can reapply and be in compliance with how our county operates when it comes to these revisions.

I'd I'd like to add a comment too and just agree with my fellow commissioner. You know, as a farmer, just because we work in ag and have strong opinions about things and and and, you know, a lot of desire for independence, we don't get to do anything we want just because it's zoned ag. And we don't get to do anything we want because we call it a hobby. And a lot of people took their time to show up tonight to express their concerns. If there were no concerns, they wouldn't be here,

and we wouldn't be hearing about it.

So I'm prepared to make a motion to deny use permit application. I am making a motion to deny use permit application number PL2025Dash0049, Madrigal.

There's a motion on the floor. Is there a second? Second. We have a motion and a second. Could we please have a roll call?

Commissioner Brachado. Aye. Commissioner Kellis. Aye. Commissioner Campo. Aye. Commissioner Chima.

Aye.

Commissioner Huff. No. Commissioner Murad. Aye. Commissioner Willerick. Aye. This motion did not pass. Zero seven.

No. One six. No, one six. One six. Yes. It did pass.

And the motion passed.

Motion passed. Six two one to deny the application.

Yes. Thank you, counsel.

Thank you.

Thank you very much.

Okay. Next on our agenda. It's under other matters. Item A, general plan consistency finding for grace and well disposition and acquisition.

Okay.

I guess we'll be quick for you.

Christie Dowd, deputy director, and I'm here to present to you on request for a general plan consistency finding for the disposition and acquisition of a point seven o acre portion of a park that's located in Grayson. So the request consider consistency, with Stanislaus County's general plan for the disposition. The park is called United Community Center And Park, and it will allow the city of Modesto to utilize the property for storm drainage purposes to support the city operated water system serving the Grayson community. And here is just a picture of the United Community Park Center And Park. This is the portion, the point seven zero portion of the park that is going to be acquired by the city of Modesto.

And here is another plot plan that of the area that will be disposed. So the water system for Grayson is owned and operated by the city of Modesto. They're currently improving that system to increase fire flow supply, pumping capacity, and system reliability. They did install a new well at the Southeast Corner Of Mary And Charles Streets and installed new fire hydrants, new water valves, a new pump head, pump, electrical building, perimeter fencing, lighting, and street improvements. And now they when they did that work, they realized that they needed to install a new storm drain basin to support the water system.

And this area here will not be disturbing any of the current park improvements, so no park improvements will be lost. The site has a general plan designation of low density residential and is currently zoned P D 272, which was approved in 2002 by the board of supervisors to allow the creation of the Grayson Community Center to build a well and a park with a picnic and tot lot area, as well as soccer and baseball fields. Typically, a use permit would be required for the siting of public facilities. But under California government code section fifty three zero nine one, cities and counties have mutual immunity from their respective zoning and building codes, and so a use permit is not required. However, they are still required to get general plan consistency from the planning commission.

So your memo before you tonight outlines several goals and policies in the land use conservation and open space elements of Stanislaus County's general plan and the housing element, which are consist considered to be consistent with this project. So they all have to do with upgrading existing communities and their infrastructure with conserving and improving water resources in the county and complementing surrounding land uses. So with that, staff recommends that the planning commission finds the disposition and acquisition of this portion of the park to be in conformance and consistent with the county's general plan.

Thank you. Any questions from the commissioners? Hearing none. This is not a public hearing. So would any other commission entertain a motion for approval?

Madam chair. Yes.

If you

could still take public comments, an item listed on the agenda. So if there's any public comment on it, although it wasn't

a Very good.

Quote unquote public hearing.

Any member of the audience wishing to address the commission on this item, either for or against, would you please step to the podium? Seeing none, then we'll bring it back to the commission for comments or recommendations.

Madam Chair, I move that we approve the memo submitted to us on the disposition by Stanislaus County acquisition by the city of Modesto, the point seven acre portion of the United Community Center and Park located in the community of Grayson for the purposes of improving the city operated water system of the community of Grayson.

We have a motion, is there a second?

I will second that.

We have a motion and a second. Do we need a roll call for this or All in favor say aye. Aye. Opposed? Motion passes, thank you. Next on the agenda, under report from the Planning Director.

Yes. Since the Planning Commission last met, the board hasn't had any meetings, so there's nothing to report there. On the horizon for May 7, we do have one parcel map of an variance in the Oakdale area and one variance lot line adjustment in the Waterford area that we will bring be bringing before you. And on May 21, we have a use permit in the Houston area. And I just want to take the opportunity to just formally introduce Roxanne Rodriguez, who is her first day at challenging agenda, as our new Planning Commission Clerk.

Thank you.

And to also just thank Shaunte Roiz, who continues continues to kind of step in and kind of help with help us with the Planning Commission duties. So we are very grateful to have Roxanne on board.

You're very welcome. Thank Thank you.

That concludes my report.

Thank you. Next is additional matters at the discretion of the chair. I just wanted to acknowledge Commissioner Nerv Kalis for filling in for me during my, you know, employment absence. And then I also wanna welcome KC to the Planning Commission. Hope you find this enjoyable and interesting. Welcome.

Thank you, Becky.

Okay. Other than that, I don't have anything. Any other questions or comments?

All

right. So we're going to go ahead and adjourn. Thank you very much. Meeting is adjourned.