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 1, 2009 PLACE: Madera County Resource Management Agency, 2037 West Cleveland Avenue, Madera, California Chairman Larry Wright Vice Chairman Donald Holley Commissioner Tom Kellner Commissioner Ray Warner Commissioner Ross Thornton 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 TURN OFF ALL CELL PHONES 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 Approval of the minutes and findings for November 3, 2009 PLANNING COMMISSION PUBLIC HEARINGS: 1. J. S. WEST & COMPANY – CONDITIONAL USE PERMIT (CUP #2009-013) – OAKHURST District #5) J. S. West & Company is requesting a conditional use permit (CUP #2009-013) to allow bulk propane storage and distribution. The property is owned by 41/49 Highway Junction Project Ltd, 41/49 Highway Junction Limited Partnership and is located on the south side of Highway 49, 1300 feet west of its intersection with Highway 41, (40080 Highway 49) Oakhurst. The property is zoned IH (Industrial, Urban or Rural, Heavy) District. A draft Mitigated Negative Declaration (MND #2009-17) has been prepared concerning the proposed project in compliance with provisions of the California Environmental Quality Act (CEQA). Size: 36.59 acres. APN: 064-070-087. 2. MADERA COUNTY PLANNING DEPT – REZONE (CZ #2009-014) – COUNTY WIDE Madera County Planning Department is requesting a Zoning Ordinance Text Change (CZ #2009-014) to amend Title 17, Chapter 17.72, Parcel Map Ordinance to comply with State law. This item is for public comments only. 3. MADERA COUNTY PLANNING DEPT – REZONE (CZ #2009-008) – COUNTY WIDE Madera County Planning Department is requesting a Zoning Ordinance Text Change (CZ #2009-008) to Title 18 of the Zoning Ordinance to allow solar farms. 4. HUDSON FISK – REVOCATION OF PROJECT 2008-008 (GENERAL PLAN AMENDMENT #2008-016, REZONE #2008-017 & CONDITIONAL USE PERMIT #2004-011) – AHWAHNEE (District #5) Revocation of PRJ #2008-008 (GP 2008-016, CZ 2008-017, & CUP 2004-011), Fisk’s Tree & Excavating Service for non-compliance of the conditions of approval for CUP #2004-011 to allow a heavy equipment storage and maintenance yard, for storing and milling logs and lumber, and storing wood chips. The property is owned by Hudson D. Fisk and is located on the east side of Highway 49, approximately 1,200 feet north of Road 621 and just south of Road 619 (42365 Highway 49), Ahwahnee. Size 7.24 acres. APN: 055-080-041. *5. MADERA POWER LLC – REVOCATION OF CONDITIONAL USE PERMIT (CUP #87-29) – FIREBAUGH (District #2) Revocation of Conditional Use Permit 87-29 (CUP 87-29), Madera Power LLC for non-compliance of conditions of approval for CUP 87-29 to allow a biomass power plant. The property is located on the north side of Avenue 7 ½ at its intersection with Firebaugh Boulevard, Firebaugh. Size: 172.2 acres. APN: 042-081-001. 6. MADERA COUNTY – REZONE (CZ #2009-004) – COUNTY WIDE Madera County Planning is requesting a Zoning Ordinance Text Change (CZ #2009-004) to amend Title 17, Chapter 17.74, Lot Line Adjustment ordinance to comply with State law. PLANNING COMMISSION COMMENTS: PLANNING DIRECTOR COMMENTS: TENTATIVE MEETING DATES AND LOCATIONS: Tuesday, January 5, 2010 @ 6:00 p.m. – Location to be determined. 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.