MADERA COUNTY PLANNING COMMISSION AGENDA ALL PERSONS REQUESTING DISABILITY- RELATED MODIFICATION OR ACCOMMODATION, INCLUDING AUXILIARY AIDS OR SERVICES MAY CONTACT THE MADERA COUNTY PLANNING DEPARTMENT AT (559) 675-7821, 72 HOURS PRIOR TO THE PUBLIC MEETING. REGULAR MEETING TIME: 6:00 p.m., Tuesday, December 2, 2008 PLACE: Coarsegold Community Center, 35610 Highway 41, Coarsegold, California Chairman Tom Kellner Vice Chairman Larry Wright Commissioner Donald Holley Commissioner Jerol Holiday Commissioner Ray Warner All persons wishing to give testimony on quasi judicial items (noted with an *) must sign an oath as supplied by the Planning Commission Secretary. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE INTRODUCTION OF COUNTY STAFF PLANNING COMMISSION MEETING PROCEDURES RULES FOR PRESENTING TESTIMONY ADMINISTER OATH FOR QUASI JUDICIAL ITEMS BUSINESS Supporting documents relating to the items on this agenda that are not listed as “Closed Session” are available through the Resource Management Agency website at http://www.madera-county.com/rma. The documents are also available at the Resource Management Agency, Planning Department, 2037 West Cleveland Avenue, Madera, CA 93637. Please note that supporting documents may be submitted after the posting of the agenda; please visit the website or the Planning Department for updates. AGENDA ADOPTION By a single motion, the Commission shall adopt the agenda with any required deletions or additions. REQUEST FOR COMMENTS FROM THE AUDIENCE This portion of the meeting is set aside for members of the public to comment on any item within the jurisdiction of the Commission, but not appearing on the agenda. Items presented under public comment may not be discussed or acted upon by the Commission at this time. For items appearing on the agenda, the public is invited to comment at the time the item is called for consideration by the Commission. Any person addressing the Commission under public comment will be limited to a 3 minute presentation to insure that all interested parties have an opportunity to speak. Also, all persons addressing the Commission must state their name and address for the record. ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE MOTION. CONSENT CALENDAR PUBLIC HEARINGS: *1. VINCE TAYLOR – PARCEL MAP (PM #4134) - CHOWCHILLA (District #2) (Click underlined portion to retrieve staff report) Vince Taylor is requesting Parcel Map #4134 which would divide a 35.73 acre property into two parcels (33.73 acres and 2.00 acres). The property is located at the southwest corner of the intersection of Road 15½ and Highway 152 (22876 Road 15½), Chowchilla. The zones are ARE-20 (Agricultural, Rural, Exclusive-20 Acre) and CRM (Commercial, Rural, Median) Districts. A draft Mitigated Negative Declaration (MND #2008-63) has been prepared for the project in compliance with provisions of the California Environmental Quality Act (CEQA). Size: 37.73 acres. APN: 024-110-035. *2. BUDDY MULLER – PARCEL MAP (PM #4133) - OAKHURST (District #5) (Click underlined portion to retrieve staff report) Buddy Muller is requesting Parcel Map #4133 which would divide a 17.71 acre property into two parcels (12.11 acres and 5.61 acres). The property is located on the west side of Highway 41, approximately 1.3 mile south of its northerly intersection with Victoria Lane (39022 Highway 41), Oakhurst. The zone is RRS-5 (Residential, Rural, Single Family-5 acre) District. A draft Mitigated Negative Declaration (MND #2008-28) has been prepared for the project in compliance with provisions of the California Environmental Quality Act (CEQA). Size: 17.71 acres. APN: 064-100-042. 3. GERALD F. AND JUDITH SIMONIS – REZONE (CZ #2008-038) - OAKHURST (District #5) (Click underlined portion to retrieve staff report) Gerald F. and Judith Simonis are requesting a rezoning (CZ #2008-038) to realign zoning boundaries to match property lines to be established by Lot Line Adjustment #2008-43. The property is owned by Simonis, Mabel G. Family Trust, Simonis, Gerald F., and is located on Hidden Falls Way, approximately 0.3 mile south of its intersection with Hidden Falls Road (50306 Hidden Falls Road), Oakhurst. The property is zoned RMS (Residential, Mountain, Single Family) District. The proposed zone is RRS-10 (Residential, Rural, Single Family-10 Acre) District. This project is located in the Oakhurst Area Plan. Size: 10 acres. APN: 057-332-005. 4. TALLEY OIL COMPANY, INC. – PROJECT (PRJ #2007-022), GENERAL PLAN AMENDMENT (GP #2008-002), VARIANCE (VA #2007-009) AND SITE PLAN REVIEW (SPR #2007-006) - MADERA (District #4) (Click underlined portion to retrieve staff report) Talley Oil Company is requesting Project-BdS (PRJ #2007-022) to amend the Madera County General Plan (GP #2008-002) pursuant to Section 65398 of the Government Code. The area to be considered consists of a portion of 61.67 acres (49.9 acres) of property located on the south side of Avenue 12½, approximately 400 feet east of its intersection with Road 29 (no address available), Madera. The proposal by Talley Oil, Inc. is to amend the area now shown as LDR (Low Density Residential) Designation to LI (Light Industrial/Business Park) Designation. The property is owned by Talley, Kenneth W. and Talley, Christine A. and is zoned IH (Industrial, Urban or Rural, Heavy) District. Also to be considered is a site plan review (SPR #2007-006) to allow an asphalt plant and a variance (VA #2007-009) for an asphalt mixing tower not to exceed 85 feet 0 inch in height. The project is located in the State Center Community College Area Plan. A draft Mitigated Negative Declaration (MND #2008-62) has been prepared for the project in compliance with provisions of the California Environmental Quality Act (CEQA). Size: 61.67 acres total. APN: 047-060-034. 5. NEDROB FAMILY LTC – PROJECT #2007-006 - GENERAL PLAN (GP #2006-009) & REZONE (CZ #2007-006) – NORTH FORK (District #5) CONTINUED FROM OCTOBER 21, 2008 PC MEETING (Click underlined portion to retrieve staff report) Nedrob Family Limited Partnership is requesting PRJ #2007-006 which would amend the Madera County General Plan (GP #2007-009) pursuant to Section 65398 of the Government Code. The area to be considered consists of a portion of 7.55 acres (4.55 acres) located on the east side of Road 221 at the intersection of Road 221 and Road 200 (no address available), North Fork. The proposal by Nedrob Family Limited Partnership would amend the area now shown as RR (Rural Residential) Designation to CC (Community Commercial) Designation in the 1995 General Plan, as well as the North Fork Area Plan from RR (Rural Residential) Designation to CL (Local Commercial) Designation. A rezoning (CZ #2007-006) will also be considered to change the zoning from -RM (-Rural, Mountain) District to PCD (Planned Commercial Development) District. This general plan amendment and rezoning would allow commercial development. A draft Mitigated Negative Declaration (MND #2007-012) has been prepared for the project in compliance with provisions of the California Environmental Quality Act (CEQA). Size: 4.55 acre portion of 7.55 acres. APN: 060-472-016. PLANNING COMMISSION COMMENTS: PLANNING DIRECTOR COMMENTS: TENTATIVE MEETING DATES AND LOCATIONS: 1. Tuesday, January 6, 2009 @ 6:00 p.m. - Regular Meeting - Coarsegold Community Center, 35610 Highway 41, Coarsegold, California. PLANNING COMMISSION MEETING PROCEDURES Planning Commission meetings are conducted under the direction of the Chairman. Each item scheduled for public hearing at a Planning Commission meeting will be announced by the Chairman, and the hearing will be conducted as follows: 1. The Planning staff will present their report and recommendation on the matter being heard. Commission members will be provided an opportunity to question staff. 2. The Chairman will first ask the project applicant or proponent to present any points they feel the Commission should understand about their proposal. The Commission may ask questions. 3. The Chairman will ask those in support and then those opposed to the application to come to the podium and present any testimony they wish to give in regard to the proposal being considered. 4. The Chairman will offer the project applicant an opportunity for rebuttal of any testimony against the proposal or to clarify information previously presented. 5. The public comment portion of the hearing will be closed and the matter will be deliberated by the Commission and a decision will be rendered. RULES FOR PRESENTING TESTIMONY All persons who wish to present testimony to the Planning Commission in a public hearing must observe the following rules: 1. All testimony must be presented from the podium. When beginning to speak, first identify yourself, place of residence, and interest in the matter. This is required for the public record. Since all meetings are tape recorded, please speak clearly and use the microphone provided. 2. All remarks must be addressed to the Chair. Conversation or debate between a speaker at the podium and a member of the audience or staff is not permitted. 3. Please keep your remarks as brief as possible. Focus your testimony on the most important facts you wish to be considered. Avoid duplicating testimony provided by others. 4. Planning Commission hearings can involve highly emotional issues, so it is important that all participants conduct themselves with courtesy, dignity, and respect. 5. Whenever possible, written testimony should be presented as well as oral. Written testimony should be submitted for Planning Commission consideration in advance of the actual hearing date.