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Tulare County planning panel approves three-unit site plan on Markham Road amid neighbor objections
Summary
The Planning Commission conditionally approved final site plan PSR24-001 to allow a duplex that will result in three dwelling units at 30767 Markham Road. Neighbors spoke during public comment about past encroachments, animals and parking; staff said water is provided by California Water Company and the project will use on-site septic.
Tulare County Planning Commission voted to approve final site plan PSR24-001 on a 7-0 roll call, allowing a duplex that will bring the total number of dwelling units on the parcel at 30767 Markham Road to three.
The project planner described the site as an approximately 0.8-acre parcel in the R-12.5 (rural residential, 12,500-square-foot minimum) zone and said the existing single-family home plus the proposed duplex would total three units, with parking provided and water service supplied by the California Water Company.
The approval was conditional and carried as a categorical exemption under the California Environmental Quality Act (CEQA). Commissioners moved to “approve a categorical exemption consistent with CEQA and state CEQA guidelines pursuant to Title 14, California Code of Regulations section 15303, Class 3 pertaining to structures, and conditionally approve final site plan PSR24-001.” The motion was made by Commissioner Wayne Millies and seconded by Commissioner Brown; the clerk recorded 7 yes, 0 no, 0 abstentions and 1 absence.
Neighbors used the public hearing to oppose the project and raised multiple concerns. Josephine Dela Torre, who gave her address as 30741 Markham Road and identified herself as the adjacent property owner, said previous tenants on the applicant’s property had kept goats, horses and chickens and had encroached onto her land. “I want to live in peace,” Dela Torre said, adding she is retired and worried about increased traffic, trespass and damage to fencing and garden areas.
Another neighbor, Irene Rees of 30793 Markham Road, said the area is already crowded and described prior break-ins and what she called persistent parking and noise problems. Rees said the neighborhood had been quieter when she moved there and that she now feels compelled to install cameras and get a dog for security.
Applicant Jose Delgado, who said he owns the property, told commissioners he had evicted a previous renter who kept animals and that “I cleaned all that out.” Delgado said he has restricted future tenants by lease from keeping farm animals and that parking for the new duplex will be located in front of the units on an all-weather surface; staff noted on-site parking and driveways will be required to be surfaced for all-weather conditions per Public Works conditions. The property will rely on an existing septic system and Cal Water for water service; there is no public sewer on Markham Road.
During deliberations staff and commissioners clarified that the rural residential zoning allows animals on larger parcels but that lease conditions could prohibit animals in this tenancy. Commissioners did not add additional conditions beyond those recommended by staff and Public Works.
The commission’s conditional approval means the applicant may proceed subject to the permit conditions and any subsequent ministerial permits required for construction and site improvements. The item was returned to the consent of the commission for final map and permit processing.
A record of comments and the file for PSR24-001 are available in the Tulare County Planning Department public record for those seeking further details about the conditions and subsequent steps.
