Merced Civic Center
678 W. 18th Street
Merced, CA 95340
CITY OF MERCED
Minutes
Planning Commission
7:00 PMWednesday, September 8, 2021
A. CALL TO ORDER
Chairperson HARRIS called the Regular Meeting to order at 7:03 PM Chairperson HARRIS welcomed newly appointed Commissioner Jeremiah Greggains to the Planning Commission.
A.1. Moment of Silence
A.2. Pledge of Allegiance to the Flag
Commissioner DYLINA led the Pledge of Allegiance to the Flag.
B. ROLL CALL
Clerk's Note: The Planning Commission has one vacancy at this time.
Chairperson Michael Harris, Member Robert Dylina, Member Dorothea White, Member Jose Delgadillo, Vice Chair Mary Camper, and Member Jeremiah Greggains
Present: 6 -
Absent: 0
C. ORAL COMMUNICATIONS
There were no public comments.
D. CONSENT CALENDAR
D.1 SUBJECT: Planning Commission Minutes of August 18, 2021 ACTION:
Approving and filing the Planning Commission Minutes of August 18, 2021 (Note: Strikethrough deleted language, underline added language.) Commissioner DYLINA inquired about adding a section to the Agenda for individual Planning Commissioners to ask for future items to be added to the Agenda for future meetings with the concurrence of the Planning Commission as a whole and the City Council if it involves the expenditure of City funds or the use of City resources.
A motion was made by Member Dylina, seconded by Member Delgadillo, to
September 8, 2021Planning Commission Minutes
approve the Minutes of August 18, 2021, with the changes as shown above. The motion carried by the following vote:
Aye: Chairperson Harris
Member Dylina
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
6 -
No: 0
Absent: 0
E. PUBLIC HEARINGS AND ACTION ITEMS
E.1 SUBJECT: Zoning Ordinance Amendment #21-03, initiated by Ashley Investments. This application involves changes to the
Merced Zoning Ordinance (Title 20 of the Merced Municipal Code) which would amend Merced Municipal Code Section
20.44.160 (Tobacco Sales Prohibited Near Schools). This amendment would modify the City’s regulations regarding tobacco sales near schools and other sensitive uses to more closely match similar requirements regarding Commercial Cannabis Business Permits. This would include prohibiting tobacco sales within 1,000 feet of schools (same as the current requirement), but reducing the required distance from other sensitive uses (day care centers, youth centers, libraries, and public parks) from 1,000 feet to 600 feet and allowing for exceptions with a Conditional Use Permit
granted by the Planning Commission for tobacco sales near other sensitive uses (not including schools). The changes would also include using the same list of schools adopted by the City Council for cannabis permits for tobacco sales. **PUBLIC HEARING**”
ACTION PLANNING COMMISSION:
Recommendation to City Council
1) Environmental Review #21-24 (Categorical
Exemption)
2) Zoning Ordinance Amendment #21-03
CITY COUNCIL:
Approve/Disapprove/Modify
1) Environmental Review #21-24 (Categorical
Exemption)
2) Zoning Ordinance Amendment #21-03
September 8, 2021Planning Commission Minutes
SUMMARY
Ashley Investments is requesting a modification to the City’s regulations regarding tobacco sales near schools and other sensitive uses (parks, day care centers, youth centers, and libraries) to more closely match those required for the Commercial Cannabis Business Permits and to allow exceptions to be made for those other sensitive uses (not schools) with a Conditional Use Permit granted by the Planning Commission. Staff is recommending approval.
RECOMMENDATION
Planning staff recommends that the Planning Commission recommend approval to the City Council of Environmental Review #21-24 (Categorical Exemption) and Zoning Ordinance Amendment #21-03 as outlined in Exhibit B of the Draft Resolution #4073, subject to the findings/considerations in Exhibit A of the Draft Resolution at Attachment A.
Planning Manager ESPINOSA reviewed the report on this item. For further information, refer to Staff Report #21-688.
Public testimony was opened at 7:18 PM
Speaker Via Teleconference in Favor:
ISSAC SARGIZ, Ashley Investments, Merced
There were no speakers in opposition to the project.
Public testimony was closed at 7:26 PM
A motion was made by Vice Chair Camper, seconded by Member Delgadillo, to recommend to City Council adoption of a Categorical Exemption regarding Environmental Review #21-24 and approval of Zoning Ordinance Amendment #21-03, subject to the FIndings and draft Ordinance provided in Staff Report #21-688 (RESOLUTION #4073). The motion carried by the following vote:
Aye: Chairperson Harris
Member Dylina
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
6 -
No: 0
Absent: 0
September 8, 2021Planning Commission Minutes
E.2 SUBJECT: Cancellation of September 22, 2021, due to lack of items ACTION:
Cancel the Planning Commission Meeting of September 22, 2021 Planning Manager ESPINOSA stated that the Planning Commission Meeting of September 22, 2021, should be cancelled due to a lack of items.
A motion was made by Member Delgadillo, seconded by Vice Chair Camper, to cancel the Planning Commission Meeting of September 22, 2021, due to a lack of items. The motion carried by the following vote:
Aye: Chairperson Harris
Member Dylina
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
6 -
No: 0
Absent: 0
F. INFORMATION ITEMS
F.1 SUBJECT: Report by Planning Manager of Upcoming Agenda Items ACTION
Information only.
Planning Manager ESPINOSA went over items for the next several Planning Commission meetings.
Commissioner DYLINA inquired about the process for agendizing items and making recommendations to City Council regarding planning and zoning concerns.
Ms. ESPINOSA advised that the Planning Commission would have to make recommendations to the CIty Council as a whole, not as individuals.
Deputy City Attorney MADAYAG offered to do some research on the matter and return to the Commission with an agendized item to discuss further.
Chairperson HARRIS informed the Commission that he would not be in attendance at either of the regularly scheduled October meetings.
F.2 SUBJECT: Calendar of Meetings/Events
September 8, 2021Planning Commission Minutes
Sept 7 City Council, 6:00 p.m., (Tuesday)
8 Planning Commission, 7:00 p.m.
20 City Council, 6:00 p.m.
22 Planning Commission, 7:00 p.m. (To Be Cancelled)
Oct. 4 City Council, 6:00 p.m.
6 Planning Commission, 7:00 p.m.
18 City Council, 6:00 p.m.
20 Planning Commission, 7:00 p.m.
26 Bicycle/Pedestrian Advisory Commission, 4:00 p.m.
G. ADJOURNMENT
Clerk's Note: The Regular Meeting adjourned at 7:41 PM
A motion was made by Member Greggains, seconded by Member White , to adjourn the Regular Meeting. The motion carried by the following vote:
Aye: Chairperson Harris
Member Dylina
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
6 -
No: 0
Absent: 0