CITY OF MERCED
Planning Commission
Resolution #4083
WHEREAS, the Merced City Planning Commission at its regular meeting of January 19, 2022, held a public hearing and considered an Amendment to Vesting Tentative Subdivision Map #1314 , initiated by Yosemite and G, LLC. , property owners. The application involves a request to allow the subdivision of approximately
21.5 acres into 14 lots, generally located at the northeast corner of Yosemite Avenue and G Street. The property is within Planned Development #72 and has a General Plan designation of Neighborhood Commercial (CN) ; also known as Assessor’s Parcel Numbers (APN): 231 -040-026, 231 -040-027, 231 -040-028, 231 -040-029, 231-040-030, 231-040-031, & 231-040-032.
WHEREAS, the Merced City Planning Commission concurs with Findings/Considerations A through I of Staff Report #22-003 (Exhibit B); and,
WHEREAS, the Merced City Planning Commission concurs with the Findings for Tentative Subdivision Map Requirements in Merced Code Section 18.16.80,
18.16.90, and 18.16.100 as outlined in Exhibit B; and,
NOW THEREFORE , after reviewing the City’s Draft Environmental Determination, and fully discussing all the issues, the Merced City Planning Commission does resolve to hereby find that the prev ious environmental review (Initial Study #19-28 for General Plan Amendment #19-03 and Site Utilization Plan Revision #3 to Planned Development #72) remains sufficient and no further documentation is required (CEQA Section 15162 Findings), and approve the Amendments to Vesting Tentative Subdivision Map #1314, subject to the Conditions set forth in Exhibit A attached hereto and incorporated herein by this reference, and contingent upon the approval by City Council of Amendment to the Legislative Action Agreement.
Upon motion by Commissioner White seconded by Commissioner Greggains, and carried by the following vote:
AYES: Commissioners DeAnda, Delgadillo, Greggains, White and Chairperson Harris
NOES: None
ABSENT: Commissioners Camper and Dylina
ABSTAIN: None
EXHIBIT A
OF PLANNING COMMISSION RESOLUTION #4083
Conditions of Approval
Planning Commission Resolution #4083
Amendment to Vesting Tentative Subdivision Map #1314
1. The Project shall be constructed/designed in substantial compliance with the Site Plan, (Attachment C of Planning Commission Staff Report # 22-003), except as modified by the conditions.
2. All conditions contained in Resolution #1175 -Amended (“Standard Tentative Subdivision Map Conditions”) shall apply.
3. The proposed project shall comply with all standard Municipal Code and Subdivision Map Act requirements as applied by the City Engineering Department.
4. The Project shall comply with the applicable conditions set forth in Site Utilization Plan Revision #4 for Planned Development #72 previously approved for this site, except as amended by these conditions.
5. All other applicable codes, ordinances, policies, etc. adopted by the City of Merced shall apply.
6. The developer/applicant shall indemnify, protect, defend (with counsel selected by the City), and hold harmless the City, and any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof, from any and all claims, actions, suits, proceedings, or judgments against the City, or any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof to attack, set aside, void, or annul, an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board, or legislative body, including actions approved by the voters of the City, concerning the project and the approvals granted herein. Furthermore, developer/applicant shall indemnify, protect, defend, and hold harmless the City, or any agency or instrumentality thereof, against any and all claims, actions, suits, proceedings, or judgments against any governmental entity in which developer/applicant’s project is subject to that other governmental entity’s approval and a condition of such approval is that the City indemnify and defend (with counsel selected by the City) such governmental entity. City shall promptly notify the developer/applicant of any claim, action, suits, or proceeding.
Developer/applicant shall be responsible to immediately prefun d the litigation cost of the City including, but not limited to, City’s attorney’s fees and costs. If any claim, action, suits, or proceeding is filed challenging this approval, the developer/applicant shall be required to execute a separate and formal defense,
EXHIBIT A
OF PLANNING COMMISSION RESOLUTION #4083
indemnification, and deposit agreement that meets the approval of the City Attorney and to provide all required deposits to fully fund the City’s defense immediately but in no event later than five (5) days from that date of a demand to do so from Ci ty. In addition, the developer/applicant shall be required to satisfy any monetary obligations imposed on City by any order or judgment.
7. The developer/applicant shall construct and operate the project in strict compliance with the approvals granted herein, City standards, laws, and ordinances, and in compliance with all State and Federal laws, regulations, and standards. In the event of a conflict between City laws and standards and a State or Federal law, regulation, or standard, the stricter or higher standard shall control.
8. In compliance with Merced Municipal Code Section 20.20.020 Q, Site Plan Review approval is required prior to development of individual projects within the Planned Development.
9. The project shall comply with all mitigation measures outlined in the Mitigation Monitoring Program for Initial Study #19- 28 (Attachment H of Planning Commission Staff Report #19-29) and all applicable mitigation measures outlined in the Mitigation Monitoring Program for Initial Study #10- 06 (Appendix C of Initial Study #19-28, Attachment G of Staff Report #19-29).
10. The proposed project shall comply with all standard Municipal Code and Subdivision Map Act requirements as applied by the City Engineering Department.
11. All signs shall comply with the Master Sign Program approved as a part of Conditional Use Permit #1241, approved by the Merced Planning Commission on May 20, 2020, and with the North Merced Sign Ordinance and Section
20.62.040 (B)(2) of the City’s Zoning Ordinance for signs in a Neighborhood Commercial (C-N) zone.
12. The applicant shall construct all missing improvements along the property frontage on Yosemite Avenue and G Street including, but not limited to, sidewalk, curb, gutter, street lights, and street trees.
13. All landscaping within the public right-of-way shall comply with state and local requirements for water conservation. All irrigation provided to street trees or other landscaping shall be provided with a drip irrigation or micro-spray system and shall comply with the City’s Water Efficient Landscape Ordinance (MMC Section 20.36.030). Landscape plans for all public landscaping shall be provided with the Improvement Plans.
EXHIBIT A
OF PLANNING COMMISSION RESOLUTION #4083
14. All necessary right- of-way along the property frontage, including Yosemite Avenue, G Street, and Sandpiper Avenue needed for public improvements shall be dedicated prior to the issuance of the first building permit or recordation of a parcel map, whichever comes first.
15. Appropriate turning radii shall be provided within the parking areas to allow for Fire Department and refuse truck access.
16. Parking lot trees shall be installed per City Parking Lot Landscape Standards and Section 20.38.070 (F). At a minimum, parking lot trees shall be provided at a ratio of one tree for every six parking spaces. Trees shall be a minimum of 15-gallons, and be of a type that provides a 30-foot minimum canopy at maturity (trees shall be selected from the City’s approved tree list).
17. All projects on this site shall comply with Post Construction Standards in accordance with the requirement for the City’s Phase II MS -4 Permit (Municipal Separate Storm Sewer System). Applicant may fulfill this requirement by contributing its “Fair Share” to the CFD of the cost for treatment facilities that will treat the stormwater generated by the entire service ar ea.
Applicant’s “Fair Share” will be based on the applicant’s percentage of discharge within the service area.
18. The applicant shall demonstrate compliance with San Joaquin Valley Air Pollution Control District Rule 9510 to the Planning Department. Changes to the site plan resulting from compliance with Rule 9510 are subject to review by City Staff or the Planning Commission, as determined by the Director of Development Services.
19. Bicycle parking for all projects on the site shall meet the minimum requirements of the California Green Building Code and Merced Municipal Code Section
20.38.080.
20. All landscaping on the site shall comply with the City’s Water Efficient Landscaping and Irrigation Ordinance (Merced Municipal Code Section 17.60) and all state -mandated conservation and drought restrictions as well as the City’s Zoning Ordinance Section 20.36 – Landscaping.
21. Irrigation for all onsite landscaping shall be provided by a low-volume system in accordance with the State’s Emergency Regulation for Statewide Urba n Water Conservation or any other state or city-mandated water regulations dealing with the current drought conditions.
22. All landscaping in the public right-of-way shall comply with the most recently adopted water regulations by the State and City addressing water conservation
EXHIBIT A
OF PLANNING COMMISSION RESOLUTION #4083
measures. If turf is proposed to be installed in medians or park strips, high quality artificial turf (approved by the City Engineer and Development Services Director) shall be installed.
23. For buildings over 30 feet tall, a minimum 26-f oot-wide drive aisle shall be provided for emergency vehicle access. The developer shall work with the Fire Department to determine the areas that need the 26-foot -wide drive aisle. An emergency access lane made of an all -weather surface shall be construct ed to the south of the southernmost multi-family building. This lane shall either be able to meet the turnaround needs of emergency vehicles if it is 150 feet long or more, or it shall be less than 149 feet long, but still meet the needs of emergency access for the residential building. In the event that the southernmost residential building is 30 feet tall or less, this path shall be a minimum of 22 feet wide. If the southernmost residential building is more than 30 feet tall, the path shall be a minimum of 26 feet wide. These details shall be confirmed as acceptable by the Fire Chief or designee , prior to the issuance of occupancy permits for any of the multi-family residential buildings.
24. A fire control room may be required for the buildings on the site. The applicant shall work with the Fire Department to determine the location of the fire control room. Additional fire control rooms may be required at the discretion of the Fire Chief.
25. Each building shall be provided with a Fire Department Connection if fire sprinklers are required.
26. Buildings that do not provide an elevator (other than a freight elevator) shall be provided with an additional exit. The developer shall work with the Chief Building Official to determine the number of exits required for each building.
27. A minimum turning radius of 33 feet inside, curb-to-curb, and 49 feet wall-to- wall for fire apparatus access must be provided throughout the project site or as required by the Fire Department.
28. All storm water shall be either (a) retained onsite and metered out to the City’s storm water system or (b) directed to the basin immediately to the east of the project site in accordance with City Standards, subject to a storm drain plan approved by the City Engineer. The applicant shall submit calculations to the City showing, to the satisfaction of the City Engineer or designee, that the basin to the east of the project site has enough capacity for the proposed plans.
29. The developer shall use proper dust control procedures during site development in accordance with San Joaquin Valley Air Pollution Control District rules.
EXHIBIT A
OF PLANNING COMMISSION RESOLUTION #4083
30. All parking lot and other exterior lighting shall be oriented in such a way so that it does not spill over onto adjacent properties.
31. Containers for refuse and recycled goods shall be stored in enclosures that are designed with colors compatible with the buildings and shall be constructed to meet City Standards. At the Building Permit stage, the developer shall work with the City Refuse Department to determine the best location for these enclosures to ensure proper access is provided for City Refuse Trucks as well as the number of containers needed to adequately serve the site. Use of a trash compactor should be considered to reduce the number of pick-ups per week.
32. All construction activity shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday.
33. All walking paths, bicycle and vehicle parking areas, and recreational areas shall be provided with sufficient lighting to ensure a safe environment.
34. All mechanical equipment shall be screened from public view.
35. The traffic signal at G Street and Project Driveway 1, at the northwest corner of Phase 3, shall be connected into the City’s street synchronization system to the satisfaction of the City Engineer or designee.
36. The following improvements depicted on the Vesting Tentative Map shall be constructed by the applicant consistent with the phasing shown on page 3 of the Vesting Tentative Map attached as Exhibit “B”:
Phase 1: The G Street frontage for Phase 1, including the median, the southbound lanes, and the northbound turn lane all leading up to the future traffic signal, and Sandpiper Avenue up to the north line of the driveway of Phase 1.
Phase 2: Sandpiper Avenue from the driveway of Phase 1 to the north property line of Phase 2.
Phase 3: All remaining G Street frontage north of the portion required in Phase 1, the traffic signal, and the Phase 3 portion of the interior private road that spans between Phase 3 and Phase 4.
Phase 4: The Sandpiper Avenue frontage for Phase 4, including connection to the existing Mercy Avenue, the raising of the walls along the eastern border of the project with the Mansionette neighborhood to their current maximum heights across their entire span, the addition of non-locking gates to the openings of said walls at Redwing, Nightingale, and Bobolink, and the Phase 4 portion of the interior private road that spans between Phase 3 and Phase 4.
EXHIBIT A
OF PLANNING COMMISSION RESOLUTION #4083
If development occurs out of sequence, the foregoing improvements will be constructed as reasonably directed by the City Engineer.
37. Safe pedestrian access from the multi -family residential portion of the project to the commercial portions of the site shall be provided.
38. In the event that the parcels of the subject site are further subdivided or modified, in the manner suggested by the site plan or otherwise, cross-access and use agreements shall be put into place such that parking for all uses meets or exceeds City standards.
39. The entire development should be designed with a similar or complimentary aesthetic to the renderings shown at Attachment F of Planning Commission Staff Report #19-29.
40. For any illuminated signs placed above the ground floor, all illumination shall be located and directed in such a manner that light does not spill over to the east or north. Prior to installation, illuminated signs shall be approved by the Planning Manager or designee, and may require an analysis of lumens or other measurements of illumination as deemed necessary. Monument signs are not subject to this condition.
EXHIBIT B
OF PLANNING COMMISSION RESOLUTION #4083
Findings and Considerations
Planning Commission Resolution #4083
Amendment to Vesting Tentative Subdivision Map #1314
FINDINGS/CONSIDERATIONS:
General Plan Compliance and Policies Related to This Application A) The proposed Vesting Tentative Subdivision Map (VTSM) conforms with the General Plan designation of Neighborhood Commercial ( CN) and zoning of P lanned Development (P- D) #72. The proposed subdivision would achieve the following General Plan Land Use Policies:
L-1.1 Promote balanced development which provides jobs, services, and housing.
L-1.6 Continue to pursue quality single-family and higher density residential development.
L-1.7 Encourage the location of multi-family developments on sites with good access to transportation, shopping, employment centers, and services.
Traffic/Circulation
B) The project site is located at the nor theast corner of Yosemite Avenue and G Street. The VTSM introduces minor changes to the layout of the project that should not ca use significant variation in the traffic analysis prepared for the GPA and SUP Revision. The off-site improvements necessitated by this project, including improvements to G Street and the extension of Sandpiper Avenue, have timing requirements based on the new phasing plan for the project (Condition #35 of Exhibit A of Planning Commission Resolution #4083).
Parking
C) Parking for the site is altered slightly by the changes in site layout introduced by the VTSM.
Staff believes that, with proper cross-access and use agreements in place, the changes still meet and exceed the parking needs for the proposed uses.
Public Improvements/City Services
D) Water
There is a 16-inch water line in Yosemite Avenue and another 16- inch line in G Street to serve the project site. The City’s water supply would be sufficient to serve the proposed project.
Sewer
An 18-inch sewer line exists in Yosemite Avenue which flows to G Street, then continues out to the Waste Water Treatment Plant (WWTP). The G Street sewer line is 27 inches wide at the project location. There is sufficient capacity at the WWTP, and the existing lines in Yosemite Avenue and G Street have enough capacit y during peak hours to accommodate the additional wastewater and transmit it to the WWTP for processing.
EXHIBIT B
OF PLANNING COMMISSION RESOLUTION #4083
Stormwater
A 24-inch storm drain exists in G Street. The project would be required to retain storm water onsite or in the collection basin to the east of the site that is part of P -D #72, and meter it into the City’s system. If the project’s stormwater conveyance system traverses the Merced Irrigation District’s Sells Lateral located just south of Cottonwood Creek, an appropriate “Crossing Agreement” must be executed.
Site Design
E) The project site is bounded by Yosemite Avenue to the south, G Street to the west, the future extension of Sandpiper Avenue to the east, and approximat ely a hypothetical extension of University Avenue or Bobolink Court to the north. For clarity, Sandpiper Avenue is projected to extend between Yosemite Avenue and Mercy Drive during the lifespan of this project, while neither Yosemite Avenue nor Bobolink C ourt have such projections and are mentioned for the purpose of illustration only.
As proposed, the project site is divided into 13 lots. These lots are divided into phases as follows:
• Phase 1: Retail, Restaurant s, Fast Food, Gas Station and Convenience Ma rt, Car Wash
o Lots 1, 2, 3, 4, 9, and 10
• Phase 2: Grocery Store, Undetermined
o Lots 5, 6, and 7.
• Phase 3: Retail and Multi-Family Residential
o Lots 8 and 11
• Phase 4: Medical Office or Hotel, Multi-Family Residential o Lots 12, 13, and 14
Staff believes that this phasing plan represents a sensible path for the project to follow, starting with the likely fastest-developing parcels near the corner of Yosemite Avenue and G Street and expanding into the property over time, capturing different segment s as it expands. Allowing the site to add retail uses and other attractive businesses prior to introducing the multi -family housing element also makes the site more appealing to potential residents; and by adding residents creates on-site demand for additional services, which is valuable to both businesses and residents alike.
Neighborhood Impact/Interface
F) As previously described, the project site is bordered on the east by residential uses, as well as Merced College to the west across G Street. The VTSM does not propose to modify the uses approved in the GPA and SUP Revision.
Public hearing notices were sent to all property owners within 300 feet of the site. To date, staff has not received any comments.
EXHIBIT B
OF PLANNING COMMISSION RESOLUTION #4083
Tentative Subdivision Map Requirements
G) Per Merced Municipal Code (MMC) Section 18.16.080 – Information Required, a tentative subdivision map shall include all of the requirements shown at Attachment E of Planning Commission Staff Report #2 2-003. Said requirements include stating the location of the subject site, the name of the subdivision, and showing the layout of the proposed lots.
MMC 18.16.090 – Required Statement requires the applicant to provide a statement that explicitly states any deviations from tentative subdivision map requirements, standard drawings, or Zoning laws. In this case, the applicant is not requesting any deviations from City requirements. MMC 18.16.100 - Public Hearing – Generally, requires a public hearing to review and approve a tentative subdivision map in conformance with the Subdivision Map Act. A public hearing notice was mailed to property owners within 300 feet of the subject site and published in a qualifying newspaper, Merced County Times, three weeks prior to this meeting.
Signage
H) All signs on the site would be required to comply with the approved Master Sign Plan, the North Merced Sign Ordinance and the Neighborhood Commercial sign regulations (Condition #11) , as well as Condition #40 dealing with illumination . Final sign/design details will be addressed by staff at the Site Plan Review phase.
Environmental Clearance
I) Planning staff has conducted an environmental review of the project in accordance with the requirements of the California Environmental Quality Act (CEQA), and concluded that Environmental Review #20- 44 is a second tier environmental document, based upon the City’s determination that the proposed development remains consistent with the previously adopted Initial Study #19-28 and provisions of CEQA Guidelines, Section 15162 (previous environmental review for General Plan Amendment #19-03 and Site Utilization Plan SUP Revision #3 to Planned Development #72). A copy of the Section 15162 Findings can be found at Attachment D of Planning Commission Staff Report #22-003.