Planning Commission - Special Meeting

All right, ladies and gentlemen, we are going to start the meeting. We'll start with the flag salute.

Thank you. All right, moving on. Minutes from the last hearing, 618. Someone entertain a motion to accept as presented, or if you have any corrections, please let us know.

Make a motion to accept the minutes as is. Second.

Thank you. Actions on request for continuous or withdrawals?

Okay. So we're gonna move. The public is welcome to address the commission on items of interest to the public that are not listed on the agenda. Comments to the commission are limited to a maximum of five minutes. Is there anyone here who would like to speak on items not on the agenda? Come forward. State your name and your address, please.

Thank you. Again, please state your name and your address, please.

Unfortunately, we're just here to listen during public comment, but I will, if you do have a date, you can let them know.

And we in our neighborhood, we do not have this.

Thank you. Does anyone else like to speak on items not on the agenda?

I beg to differ, but it is five minutes set, correct?

Unfortunately, I said five minutes, and it still says that in our agenda, and so I'm going to let you speak for two more minutes.

Thank you. Is there anyone else who would like to speak on items not on the agenda? We're gonna put the timer on just so you know that you.

Thank you. Is there anyone else in attendance who would like to speak on items not on the agenda?

Sir, I'm gonna stop you. Could you give us your name and your address, please?

Thank you. Is there anyone else in the audience who'd like to speak on items not on the agenda? Is there anyone online?

All right. We're going to move on to the action item, non-contested agenda items one and two. Items calendar for non-contested agenda will be approved in one motion without a separate public hearing unless a member of the planning commission or the audience requests the item be removed from the non-contested calendar and heard separately. Is there anyone on the commission would like an item, either item one or two removed? Is there anyone in the audience? All right, then the chair will entertain a motion to approve the two non-contested items.

So you want it pulled from the non-contested agenda?

So you'll have a chance to tell us all about that, but I'll ask, would you like this pulled from the non-contested agenda? Yes. Thank you. It will be pulled and will be heard after we finish the other non-contested item, unless there's someone here to pull that as well. You don't have to go all the way back if you want. You could just sit here in the front row and it'll be an easier walk. So item number one of the non-condescent agenda will be removed and heard in a moment. So I'll bring it back to the commissioners. Will someone make a motion to approve the other non-contested item?

So I move that we approve item two, the non-contested.

All right, that'll take us to our next item, which will be item number one, general plan amendment for PA 2400220, staff's report. And before you start, I just want to let everybody know the hearing procedures. The staff will report and make the recommendations. The applicant... may provide an oral or written testimony limited to 20 minutes. Other project proponents may provide testimony in person or via Microsoft Teams. And the project opponent will then have an opportunity to testify either in person or via Microsoft Team limited to three minutes. And I should have mentioned for the proponen

What do you need time? All right, we're in recess for 10 minutes if we try to get the system back up. Okay, I'm gonna call the meeting back to order. Can we get an update on where we are? Okay. Yeah, okay, so we're going to go back to the 1980s where they didn't have anything that they projected. And we can still move on with the agenda items. So hopefully you all have gotten one of your, if you haven't, out as you walk in, you will find the written project summary. So if you need it, be my guest. And at this time, we're just gonna move on. Everybody? Remember the Wayback Machine and how it wo

Thank you, at this time we will hear from the proponent. The applicant. I think they're online, is that correct?

Yeah, so there's anybody here who wants to speak in favor of this who could maybe call the applicant and say get back on the screen No No response. There was no response? Okay. So, Council, I need a little direction here. At this point, I... Right.

So, all right, hearing none, then I'll ask, is there anyone here who wants to speak against this project?

Thank you. Is there anyone else who would like to speak against this item?

Thank you. Is there anyone else against this project?

I would like to put it on the record. I couldn't understand most of the stuff because of the sound quality, so I'm not going to consider the information that was given because I did not honestly understand half of the stuff. So I apologize for that, but I just wanted to say that on the record.

Well, I have to agree with you. It was very difficult to understand because of the phone connection. So I think that's a technicality. that we have to address before we can move forward.

No, if you can make it brief, that'd be great.

HAVE A GOOD NIGHT. THANK YOU. DON'T HANG UP. WE GOT QUESTIONS. YEAH, I'M HERE. OKAY. SO I'M GOING TO BRING IT BACK TO THE COMMISSIONERS TO ASK QUESTIONS THIS TIME.

I just need some clarity here. I just want to make sure I'm understanding this correctly. This is for a permit which would normally be done internally through staff, correct? Am I correct on that or did I?

Okay. So technically, we're not approving or disapproving the kitchen. It's the plan amendment, correct? Or does it all go together?

Because all of the findings can be made, which makes life difficult for a planning commissioner because Our role is to find consistency, and if there is consistency, to move it forward. But what you're saying is if it goes to the Board of Supervisors, then at that point, the big question of the permit would be tackled. Am I understanding that correctly through the chair? I'm sorry.

Got it. Thank you so much. Thank you for indulging me.

Yes, no, good points. Can we... ask questions at this time of the applicant and then I can close the hearing and then we can have further discussions. So I do have a question for the applicant. Are you still online? Yes, sir. All right, so there were three very concerned neighbors of yours who made it quite clear that there's a lot of traffic and a lot of truck traffic. So this restaurant that you're going to do, is it primarily for truckers or is it for everyone in the community? That's my first question and I got another one after that.

Okay, thank you for that clarification. The other question I have, have you made any effort to speak to the neighbors who are around your facility? Have you asked them how they feel other than what you've heard tonight?

OK, thank you. Are there any other questions?

Chair, if I may. So the question is to the applicant, obviously. We understand what you have repeatedly explained, that people are not going to stand there. They're going to pick up and go. So that's understood. I'm going to repeat the question the chair was asking, and I believe we didn't get the answer, is you have a consultant and you have talked to the county staff. We are asking you, have you talked to the community? It is the community that's complaining. It's not a consultant or the county staff that's complaining. We have to look at the greater good, and please don't repeat. Respectful

So the burden falls on you because you're the applicant. the folks are complaining, the community is complaining, so when you bring something like that, the basic law is that you reach out to the community, to the immediate neighbors, and French Camp is, like I said, it's a nice community, but I guess the answer is no, you did not reach out, but you're willing to reach out now, but you haven't done that. Obviously, it's clear with your answer that it hasn't been done, but it will be done if needed. I guess I will stop there. Just want to make sure that my question is answered and which also an

I just have a follow-up through the chair because you asked and one of the responses kind of clarified something for me. So for the applicant, so what I'm hearing is something like this. If you are an in and out burger that only took orders through the internet, it would be the same clientele that would be coming through, that you cannot cater to trucks because a truck would not be able to drive through this window. Am I understanding this correctly?

Okay. So it's not bringing trucks into the area because these trucks cannot make it through your window?

Oh, parking. Oh, only parking for a bit.

Yeah. Thank you so much for your response. Because what I'm seeing, it's no different than an In-N-Out burger. The only thing is that they can't stand there and read. and try to make up their mind, so it's quicker, actually, than a fast-through, if I'm understanding it correctly.

And with all of the findings there... So let me close the hearing, and then we can bring it back for discussion and decision. So I'm closing the hearing, and Commissioner Rhodes, you may continue.

Sorry about that. I'm trying to make a picture of this and in doing so, I actually thought you had closed it. I apologize for that. Then I mean, I don't see any reason not to make a motion to move forward with this because I mean, it would, that means they'd never be able to, if we said no, they'd never be able to get a In-N-Out burger or a McDonald's or anything else because it's the same concept is what I'm seeing.

So the discussion is for the commissioners and the decision is going to be commissioners and we'll leave it there. Any comments? Okay. I understand and I heard everyone from the French Camp area about this project today. However, we're here to decide on if all the procedures were followed properly. And from what I can tell and what I've read, everything was. And if it's true of what he said, which I'm taking as that, I don't think we have a choice but to move forward in the affirmative and pass this on. So if no one else has a comment, I'm gonna ask for a motion and we'll go from there.

And I'm gonna read the pieces that it involves. That way it's clear to everybody. Okay, here they are. Forward to the Board of Supervisors the mitigated negative declaration and mitigation monitoring and reporting program with a recommendation to adopt. Forward to the Board of Supervisors the findings for general plan map amendment with a recommendation to adopt. Forward to the Board of Supervisors general plan map amendment number PA2400220 with a recommendation to adopt. forward to the Board of Supervisors the findings for Administrative Use Permit number PA2400217 with a recommendation to a

Do I have a second? I will second the motion and call for the vote.

All right, so. Council, that means that they have to appeal the decision, correct? And so you have until September. September, excuse me. You have until July 27, 5 PM to appeal this decision to the Board of Supervisors.

All right. So we're going to move on to item number three. Staff, would you please give us your report? Now, we don't have visual for this one either, right? Okay. Use your imaginations.

Okay, do we have any questions from the commissioners at this time? No? All right, then the applicant may come forward or their designated person to speak on behalf of this application. Name and address, please.

in terms of, you say that you're against some of the mitigation actions, and you did mention number four, which is a COG-related one. But then you went into a conversation about late comments. Are you saying that there are late comments and more mitigations that we don't have listed?

Yep, we're good. Okay, thank you very much. Thank you. Are there any other proponents here or on the line who'd like to speak in favor of this project? Okay, you got anybody online who want to speak in favor?

All right, so now we'll move to the opponents. Who would like to speak first in opposition to this project? Yeah, no worries, no worries.

Thank you. Just for the record, I want to say that we did speak on the phone about this project.

Is there anyone else who would like to speak in opposition?

It means your time's up but you can finish that thought if you'd like. Your time's up. My time is up? Yeah, you get three minutes, but if you'd like to just finish that last sentence, feel free.

I explained the procedures. The applicant has up to 20 minutes. Okay.

Well, unfortunately you don't, sir. Thank you. Yeah. Anyone else would like to speak against this project?

Thank you. Is there anyone else who would like to speak in opposition to this project? Is there anybody online who would like to speak in opposition to this project?

All right. Then at this time, the applicant may provide a rebuttal limited to 10 minutes.

Okay, I'm going to close the public hearing, bring it back to the Planning Commission, ask questions, make comments, and then we'll make a decision. Start with me?

Yep, yeah. Okay, so I'm looking at the recommendations, which would actually be what we are accepting if we do move in that direction. I want to address one before I even go into where I'm heading, and that is I would have no problem adopting the findings except for the compatible piece. But I like to have all of the pieces in place before I make any decision. And all I want to know is, well, I saw the cog. You mentioned the cog. And by the way, I was on the cog for 16 years, and I was part of drafting the Multispecies Act. So unfortunately, it makes perfect sense. It's right on target. But th

Yeah. Yes. And that has to do with the canal, correct?

Yeah. Okay. So there wasn't anything that I did not see. And then of course, the first one, which is the Exemption, that has to do with CEQA. I always feel torn because I do believe that farmers have a right when their time comes to say I don't want to farm anymore to use their land for whatever purposes they want, whether it be building houses or whatever. And I think I've made that clear many a times. However, I can't find that mining and homes are in any way compatible. There's a big difference in between me buying a home next to an agricultural parcel and having to put up with the smell an

I don't want to repeat the same thing, but I was going to say that.

Okay. Well, I don't know. I think I may be going on the... What I find interesting is that there are nine residents that have been located within a one-mile radius of the project site. Somehow they got their homes built, and they're all around quarries. So I really find it very difficult not to say, I believe this project should be approved. So I guess we're at a Rhodes here. Unfortunately, there's only three of us, so you have to have three in the positive to make this go forward. I will make the motion to approve the project along with the recommendations that the staff has presented. Do I h

Right, that's how I understood it. Thank you. So, a motion is on the table. Is there a second? All right. Unfortunately, this project is not approved because we did not get the votes necessary to, or even a second to move forward. Up until January 27th, 5 p.m. Is that it?

All right. So the chair will entertain a motion to deny the project.

So is the motion denied or is the motion failing?

So that is it. Mr. Towers, you may appeal. Thank you, thanks everybody. We're gonna move on to the next item on the agenda, which is Director's Report.

Thank you. Is there any other business? Commissioner comments? No, I appreciate everybody who can make it tonight. So if we have a full commission the next time you meet on August 6th. No further comments. This meeting is adjourned.