Merced Civic Center
678 W. 18th Street
Merced, CA 95340
CITY OF MERCED
Minutes
Planning Commission
7:00 PMWednesday, February 9, 2022
A. CALL TO ORDER
Chairperson HARRIS called the Regular Meeting to order at 7:02 PM 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: Commissioner DELGADILLO arrived at 7:13 PM Chairperson Michael Harris, Member Robert Dylina, Member Dorothea White, Member Jose Delgadillo, Vice Chair Mary Camper, Member Jeremiah Greggains, and Member Ronnie DeAnda
Present: 7 -
Absent: 0
C. ORAL COMMUNICATIONS
There were no public comments.
D. CONSENT CALENDAR
A motion was made by Member White, seconded by Member Dylina, to approve the Consent Agenda.. The motion carried by the following vote:
Aye: Chairperson Harris
Member Dylina
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member DeAnda
7 -
No: 0
Absent: 0
D.1 SUBJECT: Planning Commission Minutes of January 19, 2022
February 9, 2022Planning Commission Minutes
ACTION:
Approving and filing the Planning Commission Minutes of January 19, 2022
ATTACHMENTS
1. Draft Minutes of January 19, 2022
This Consent Item was approved.
E. PUBLIC HEARINGS AND ACTION ITEMS
E.1 SUBJECT: Conditional Use Permit #1263, initiated by Marco’s Tacos for Billie K. and Timothy F. Razzari, Trustee, property owner. This application involves a request to operate a food truck at 99 E. Donna Drive. The subject site is generally located on the north side of East Donna Drive, approximately 200 feet east of G Street, with a zoning classification of Planned Development (P-D) #26, with a General Plan designation of Office Commercial (CO). *PUBLIC HEARING* ACTION: Approve/Disapprove/Modify
1) Environmental Review #21-45 (Categorical
Exemption)
2) Conditional Use Permit #1263
SUMMARY
Marco Grados-Reyes is requesting conditional use permit approval to operate a food truck within the parking lot located at 99 E. Donna Drive (Attachment B). Per Merced Municipal Code Land Use Table 20.10-1 - Permitted Land Uses in the Commercial Zoning Districts, Mobile Food Vendors are considered a conditional use within an Office Commercial (C-O) Zone. The proposed food truck would be located within an overflow parking lot at 99 E. Donna Drive serving the business at 3500 G Street, Next Door Real Estate (Attachment C). The Planning Commission will be reviewing this proposal to ensure that the food truck is operated in a manner that minimizes negative impacts to the existing site and promotes compatible and orderly development. Staff is recommending approval of this request subject to conditions.
RECOMMENDATION
Planning staff recommends that the Planning Commission approve Environmental Review #21-45 (Categorical Exemption) and Conditional Use Permit #1263 subject to the conditions in Exhibit A and the
February 9, 2022Planning Commission Minutes
findings/considerations in Exhibit B of the Draft Resolution at Attachment A.
Associate Planner MENDOZA-GONZALEZ reviewed the report on this item. For further information, refer to Staff Report #22-080.
Public testimony was opened at 7:17 PM
Speaker from the Audience in Favor:
MARIO A GRANADOS REYES, Applicant, Merced
There were no speakers in opposition to the project.
Public testimony was closed at 7:20 PM
A motion was made by Member Dylina, seconded by Vice Chair Camper, to adopt a Categorical Exemption regarding Environmental Review #21-45, and approve Conditional Use Permit #1263, subject to the Conditions set forth in Exhibit A (RESOLUTION #4085). The motion carried by the following vote:
Aye: Chairperson Harris
Member Dylina
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member DeAnda
7 -
No: 0
Absent: 0
E.2 SUBJECT: General Plan Amendment #21-03 and Zone Change #429, initiated by Peter Lau on behalf of Bellevue Ranch Paseo, LLC, for approximately 8.5 acres of land generally located at the northeast corner of Bellevue Road and Barclay Way. The General Plan Amendment would change the General Plan land use designation from Neighborhood Commercial (CN) to Low-Medium Density (LMD) Residential. The Zone Change would change the Zoning designation from Planned Development (P-D) #73 to Residential Planned Development (RP-D) #63 to allow the construction of single-family homes. **PUBLIC HEARING**
ACTION: PLANNING COMMISSION:
Recommendation to City Council
1) Environmental Review #21-47 (CEQA Section
15162
February 9, 2022Planning Commission Minutes
Findings)
2) General Plan Amendment #21-03
3) Zone Change #429
CITY COUNCIL:
Approve/Disapprove/Modify
1) Environmental Review #21-47 (CEQA Section
15162
Findings)
2) General Plan Amendment #21-03
3) Zone Change #429
SUMMARY
The applicant has requested this item be continued to the Planning Commission meeting of March 9, 2022.
RECOMMENDATION
Planning Staff recommends that the Planning Commission continue this matter to the Planning Commission meeting of March 9, 2022.
Senior Planner NELSON informed the Planning Commission that Staff is recommending that the General Plan Amendment #21-03, Zone Change #429, and Environmental Review #21-47 be continued to the Planning Commission Meeting of March 9, 2022.
There was no one present wishing to speak regarding the project; therefore, testimony was opened and closed at 7:21 PM
A motion was made by Member Dylina, seconded by Member White, to continue General Plan #21-03, Zone Change #429, and Environmental Review #21-47 to the Planning Commission Meeting of March 9, 2022. The motion carried by the following vote:
Aye: Chairperson Harris
Member Dylina
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member DeAnda
7 -
No: 0
Absent: 0
E.3 SUBJECT: Cancellation of February 23, 2022, Planning Commission Meeting due to lack of items
ACTION:
Cancel the Planning Commission Meeting of February 23, 2022
February 9, 2022Planning Commission Minutes
A motion was made by Vice Chair Camper, seconded by Member Delgadillo, to cancel the meeting of February 23, 2022, 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
Member DeAnda
7 -
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 asked for an update on Planning Commissioners being able to add items to the agenda. Deputy City Attorney MADAYAG indicated that she was still researching the matter.
F.2 SUBJECT: Calendar of Meetings/Events
Feb. 7 City Council, 6:00 p.m.
9 Planning Commission, 7:00 p.m.
22 City Council, 6:00 p.m. (Tuesday)
23 Planning Commission, 7:00 p.m. (To be Cancelled)
March 1 Bicycle/Pedestrian Advisory Commission, 4:00 p.m. 7 City Council, 6:00 p.m.
9 Planning Commission, 7:00 p.m.
21 City Council, 6:00 p.m.
23 Planning Commission, 7:00 p.m.
G. ADJOURNMENT
Clerk's Note: The Regular Meeting adjourned at 7:29 PM
A motion was made by Member Delgadillo, seconded by Member White , to adjourn the Regular Meeting. The motion carried by the following vote:
February 9, 2022Planning Commission Minutes
Aye: Chairperson Harris
Member Dylina
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member DeAnda
7 -
No: 0
Absent: 0
February 9, 2022Planning Commission Minutes
CITY OF MERCED
BY:
KIM ESPINOSA, SECRETARY
MERCED CITY PLANNING COMMISSION
APPROVED:
MICHAEL HARRIS, CHAIRPERSON
MERCED CITY PLANNING COMMISSION
CITY OF MERCED
Planning Commission
Resolution #4085
WHEREAS, the Merced City Planning Commission at its regular meeting of February 9, 2022, held a public hearing and considered Conditional Use Permit #1263, initiated by Marco’s Tacos for Billie K. and Timothy F. Razzari, Trustee, property owner. This application involves a request to operate a food truck at 99 E.
Donna Drive. The subject site is generally located on the north side of East Donna Drive, approximately 200 feet east of G Street, within a Zoning Classification of Planned Development (P-D) #26 with a General Plan designation of Office Commercial (CO); the subject site is more particularly described as Lots 7 and 8 as shown on the map entitled “Map of Melody Lane Home Sites” recorded in Volume 11, Page 6, in Merced County Records; also known as a portion of Assessor’s Parcel Number (APN) 006-061-005; and,
WHEREAS, the Merced City Planning Commission concurs with Findings/Considerations A through J (Exhibit B) of Staff Report #22-080; and,
WHEREAS, the Merced City Planning Commission concurs with the Findings for Conditional Use Permits in Merced Mun icipal Code Section 20.68.020 (E), and other Considerations as outlined in Exhibit B; and,
NOW THEREFORE, after reviewing the City’s Draft Environmental Determination, and discussing all the issues, the Merced City Planning Commission does resolve to hereby adopt a Categorical Exemption regarding Environmental Review # 21-45, and approve Conditional Use Permit #12 63, subject to the Conditions set forth in Exhibit A attached hereto and incorporated herein by reference.
Upon motion by Commissioner Dylina, seconded by Commissioner Camper, and carried by the following vote:
AYES: Commissioners Camper, D eAnda, Delgadillo, Dylina, Greggains, White, and Chairperson Harris
NOES: None
ABSENT: None
ABSTAIN: None
EXHIBIT A
OF PLANNING COMMISSION RESOLUTION #4085
Conditions of Approval
Planning Commission Resolution #4085
Conditional Use Permit #1263
1. The proposed project shall be constructed/designed as shown on Exhibit 1 (Site Plan) - Attachment C of Staff Report #22-080, except as modified by the conditions.
2. All conditions contained in Resolution #1249 -Amended (“Standard Conditional Use Permit Conditions” —except for Condition #16 which has been superseded by Code) 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. All other applicable codes, ordinances, policies, etc., adopted by the City of Merced shall apply.
5. 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, su its, 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, ad visory 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 t o immediately prefund 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 se parate and formal defense, indemnification, and deposit agreement that meets the approval
EXHIBIT A
OF PLANNING COMMISSION RESOLUTION #4085
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 de mand to do so from City. In addition, the developer/applicant shall be required to satisfy any monetary obligations imposed on City by any order or judgment.
6. 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, regul ation, or standard, the stricter or higher standard shall control.
7. The applicant shall comply with all City of Merced business licensing requirements and with all requirements of the Merced County Environmental Health Department.
8. No outdoor table s or chairs shall be permitted on the premises, unless otherwise approved by the Planning Department in consideration of all relevant parking and vehicle circulation areas on this site.
9. At least two tamperproof trash receptacles shall be provided whi le food is being served. The site and the immediate surrounding area shall be maintained free of all debris and trash generated from this use.
10. All signing shall be contained on the food truck. No A -frame signs, banners, inflatable signs, feather s igns, pennant signs, flags, or other moving or portable signs shall be permitted for this use anywhere on or off the site.
11. The hours of operation shall be any span of time between 7:00 a.m. and 9:00 p.m. and the business may be open 7 days a week. However, if the business is open after dark, lights shall be provided on the vehicle or on the property that are sufficient to light the vehicle and at least a 50- foot radius around the vehicle. If lights are not provided, the food truck shall close at sundown.
12. If the business owners wish to extend the business hours in the future, they must obtain approval from the Development Services Director and the Police Chief, or if deemed necessary by the Development Services Director, be referred back to the Planning Commission for action.
EXHIBIT A
OF PLANNING COMMISSION RESOLUTION #4085
13. Disposal of waste products shall be limited to a Merced County Environmental Health Department approved commissary or alternative approved facility.
14. The applicant shall comply with the Water Quality Control Divi sion’s (WQCD) Best Management Practices regarding the disposal of cooking grease and proper cleaning of kitchen equipment, as shown on Attachment D of Staff Report #2 2-080, or as otherwise required by the WQCD.
15. If problems arise as a result of this business that may require excessive Police Department service calls , in the opinion of the Police Chief , to the site or within the immediate area including, but not limited to, excessive harassment, malicious property damage, lewd and/or disorderly conduct, this approval may be subject to review and revocation by the City of Merced.
16. During hours of operation, food truck employees shall have access to a cell phone (either their own or one provided by the business owner) in case of emergencies.
17. In the future, if there are excessive calls for police assistance in the opinion of the Police Chief , the Police Chief may require the applicant to install exterior video surveillance cameras. Any video related to criminal investigations must be accessible immediately for viewing by the Merced Police Department or any other law enforcement agency. A recorded copy of surveillance video, requested in connection with a criminal investigation, must be reasonably accessible and a vailable within 24 hours when requested by law enforcement. The business owner is responsible for maintaining the video surveillance equipment in an operable manner at all times.
18. The food truck shall be oriented perpendicular to the parking stalls to allow room for customers to gather without being in danger of collisions from vehicles entering/exiting the site.
19. It shall be the operator’s responsibility to ensure all customers park in an orderly fashion and don’t block the driveway entrances or interfere with other customers visiting the site.
20. The applicant shall comply with all regulations found in Merced Municipal Code Section 20.44.020 - Food Trucks in Fixed Locations, except as modified by these conditions.
EXHIBIT A
OF PLANNING COMMISSION RESOLUTION #4085
21. A minimum of 2 parking spaces on the site shall be dedicated to food truck customers. These spaces shall be located as close as possible to the food truck.
22. Food truck activities shall in no way interfere with the operation of a ny business on the lot, or nearby businesses, including noise, litter, loitering, and traffic circulation, refuse service, and public safety.
23. The owner shall ensure that restroom facilities are available for the employees. These restrooms shall be provided in a permanent building that meets the H ealth Department’s requirements for distance from the business operation. Portable toilets shall not be allowed.
24. The mobile food vendor is prohibited from selling alcohol.
25. “No Loitering” signs shall be posted on the food truck and building onsite at specific locations approved by the City Police Department.
EXHIBIT B
OF PLANNING COMMISSION RESOLUTION #4085
Findings and Considerations
Planning Commission Resolution #4085
Conditional Use Permit #1263
FINDINGS/CONSIDERATIONS:
General Plan Compliance and Policies Related to This Application A) The proposed Project complies with the General Plan designation of Office Commercial (CO) and the zoning classification of Planned Development (P-D) #26, with approval of this Conditional Use Permit.
Traffic/Circulation
B) The applicant is proposing to locate the food truck within the southeast quadrant of an overflow parking at 99 E. Donna Drive. This parking lot is used by customers and employees at Next Door Real Estate at 3500 G Street (Attachment C of Staff Report #22-080). The food truck would be located about 25 feet from the nearest driveway along Donna Drive. The food truck would be oriented perpendicular to the adjacent parking stalls (Condition #18 of Staff Report # 22-080) in a manner that does not block any driving aisles and provides space for customers to gather around the food truck without backing into vehicle access points. Orienting the food truck in this manner allows vehicles to enter and exit the subject site without impediments. In addition, the applicant shall be required to preserve access for the Refuse Department so that their trucks can access this site and serve this property (Condition #22 of Staff Report #22-080).
Parking
C) The subject site must meet the minimum parking require ments for the existing businesses onsite and the proposed food truck. This overflow parking lot is used by Next Door Real Estate which has a 6,000-square-foot building at 3500 G Street .
Office/Professional uses require parking at a ratio of one parking stall per 250 square feet of floor area. A mobile food vendor is required to have a minimum of 2 parking stalls. Together, both uses would require a minimum of 26 parking stalls. The subject site exceeds this requirement by having 36 parking stalls. Designated food truck parking stalls would be located adjacent to the north of the food truck.
Public Improvements/City Services
D) The subject site is fully developed, and most public improvements are existing. The food truck is self-contained and would not require a separate connection to the City’s sewer and/or water systems.
Site Design
E) The subject site is located approximately 200 feet east of the northeast corner of G Street and Donna Drive. The subject site is a paved 0.32-acre parcel that is currently being used as an overflow parking lot for Next Door Realty at 3500 G Street. Vehicle access is available from a driveway along Donna Drive, and a driving aisles to the north that provides cross-access to a shopping center. Customer parking is available
EXHIBIT B
OF PLANNING COMMISSION RESOLUTION #4085
along the eastern portion of the parcel. As shown at Attachment C of Staff Report #22-080, the food truck (and customer parking stalls) would be located near the eastern portion of the parking lot and oriented in a manner that does not create congestion for customers driving to the site. The food truck would be located approximately 25 feet from the nearest driveway along Donna Drive . The property owner is not proposing to make any other modifications to the over-flow parking lot.
Outdoor seating is prohibited (e.g. tables, umbrellas, chairs, etc.) as shown under Condition #8 of Staff Report #22-080, unless subsequently approved by the Planning Department. “No Loitering” signs shall be posted on the food truck onsite at specific locations approved by the City Police Department (Condition #25 of Staff Report #22-080).
Neighborhood Impact/Interference
F) The subject site is surrounded by a variety of commercial and residential uses.
Surrounding uses to the north include a shopping center accessible via a major arterial road in G Street providing access to a variety of adjacent commercial businesses such as Houa Khong 2, Q Image Studios, Rose Nails, Wells Fargo, Sushi Cuisine, Raley’s, Em-Tea, Five Guys, Jiffy Lube, etc. Given the existing traffic volumes and dense variety of commercial uses throughout the neighborhood, staff does not anticipate that this proposal would significantly change the character of the neighborhood.
Signage
G) The food truck is not allowed any signs other than what is provided on the vehicle itself. Condition #10 of Staff Report #22-080 prohibits the use of any A-frame signs, inflatable signs, feather signs, pennants, or other freestanding signs.
Truck Details/Operation
H) The food truck is standard in appearance and size. It is approximately 8 feet wide by 23 feet long, and approximately 7 ½ feet tal l. The food truck will operate daily between 7:00 a.m. to 9:00 p.m. The food truck will sell traditional Mexican food including, but not limited to, tacos, tortas, and burritos. Trash receptacles will be provided to collect the plates, forks, aluminum foil, and paper bags that are typically used to serve these meals (Condition #9 of Staff Report #22-080). The sale of alcohol is prohibited (Condition #24 of Staff Report #22-080). Employee restrooms will be available inside the real estate office as allowed by the Health Department and agreed upon by the property owner (Condition #23 of Staff Report # 22-080). Disposal of waste products shall be limited to a Merced County Environmental Health Department approved commissary or alternative approved facility (Condition #13 of Staff Report # 22-080). The applicant shall comply with the Water Quality Control Division’s (WQCD) Best Management Practices regarding the disposal of cooking grease and proper cleaning of kitchen equipment, as shown at Attachment D of Staff Report #22- 080, or as otherwise required by the WQCD (Condition #14 of Staff Report #22-080).
EXHIBIT B
OF PLANNING COMMISSION RESOLUTION #4085
Conditional Use Permit Findings
I) A Conditional Use Permit is required to allow mobile food vendors within an Office Commercial Zone per Merced Municipal Code (MMC) Table 20.10- 1 Permitted Land Uses in the Commercial Zoning Districts. In order for the Planning Commission to approve or deny a conditional use permit, they must consider the following criteria and make findings to support or deny each criteria per MMC 20.68.020 (E) “Findings for Approval for Conditional Use Permits.”
MMC 20.68.020 (E) Findings for Approval.
1. The proposed use is consistent with the purpose and standards of the zoning district, the general plan, and any adopted area or neighborhood plan, specific plan, or community plan.
The proposed project complies with the General Plan designat ion of Office Commercial (CO) and the zoning classification of Planned Development (P- D) #26 with approval of this Conditional Use Permit.
2. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property.
The mobile food vendor shall be required to comply with all relevant standards and requirements from MMC Section 20.44.020 – Food Trucks in Fixed Location, to provide compatibility with surrounding sites. Said standards and requirements are in regard to hours of operation, parking, access, maintenance, advertising, and licenses required.
3. The proposed use will not be detrimental to the public health, safety, and welfare of the City.
To ensure the p roposal is not detrimental to the public health, safety, and welfare of the City, the applicant shall subsequently apply for permit approval from the Merced County Environmental Health Department, as required for establishments selling hot meals. The Envir onmental Health Department would inspect food truck cooking facilities before the business could sell food to the general public.
4. The proposed use is properly located within the city and adequately served by existing or planned services and infrastructure.
The proposed mobile food vendor is located within the City and can be adequately accessed through existing roads. The food truck would be self - contained with its own water and power, and would not need to hook- up to City utilities. The food truck would be serviced at an appropriate commissary facility.
EXHIBIT B
OF PLANNING COMMISSION RESOLUTION #4085
Environmental Clearance
J) Planning staff has conducted an environmental review of the project in accordance with the requirements of the California Environmental Quality Act (CEQA), and a Categorical Exemption (i.e. no further environmental review is needed) is being recommended (Attachment E of Staff Report #22-080).