Merced Civic Center
678 W. 18th Street
Merced, CA 95340
CITY OF MERCED
Minutes
Planning Commission
7:00 PMWednesday, March 23, 2022
A. CALL TO ORDER
Vice Chair CAMPER called the Regular Meeting to order at 7:01 PM A.1. Moment of Silence
A.2. Pledge of Allegiance to the Flag
Commissioner WHITE led the Pledge of Allegiance to the Flag.
B. ROLL CALL
Clerk's Note: Chairperson Harris was absent, excused.
Member Robert Dylina, Member Dorothea White, Member Jose Delgadillo, Vice Chair Mary Camper, Member Jeremiah Greggains, and Member Ronnie DeAnda
Present: 6 -
Chairperson Michael HarrisAbsent: 1 -
C. ORAL COMMUNICATIONS
There were no public comments.
D. CONSENT CALENDAR
A motion was made by Member Delgadillo, seconded by Member Greggains, to approve the Consent Calendar. The motion carried by the following vote:
Aye: Member Dylina
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member DeAnda
6 -
No: 0
Absent: Chairperson Harris1 -
D.1 SUBJECT: Planning Commission Minutes of March 9, 2022
March 23, 2022Planning Commission Minutes
ACTION:
Approving and filing the Planning Commission Minutes of March 9, 2022
ATTACHMENTS
1. Draft Minutes of March 9, 2022
This Consent Item was approved.
E. PUBLIC HEARINGS AND ACTION ITEMS
E.1 SUBJECT: General Plan Amendment #22-02 and Zone Change #430, initiated by Visionary Homes on behalf of Evan R. Rahilly and Marlea Massey, Trustees, property owners, for approximately 4.59 acres of land generally located on the east side of Parsons Avenue, approximately 300 feet south of Yosemite Parkway. The General Plan Amendment would change the General Plan land use designation from Thoroughfare Commercial (CT) to High-Medium Density (HMD) Residential. The Zone Change would change the Zoning designation from Throughfare Commercial (C-T) to Medium Density Residential (R-3-1.5). These changes would allow the construction of a 108-unit apartment complex, including a community building for the tenants, and associated parking. **PUBLIC HEARING**
ACTION: PLANNING COMMISSION:
Recommendation to City Council
1) Environmental Review #22-14 (Mitigated Negative
Declaration)
2) General Plan Amendment #22-02
3) Zone Change #430
CITY COUNCIL:
Approve/Disapprove/Modify
1) Environmental Review #22-14 (Mitigated Negative
Declaration)
2) General Plan Amendment #22-02
3) Zone Change #430
SUMMARY
This is a request to amend the General Plan land use designation from Thoroughfare Commercial (CT) to High -Medium Density (HMD) Residential and to change the Zoning designation from Thoroughfare Commercial (C-T) to Medium Density Residential (R-3-1.5) for a parcel generally located on the east side of Parsons Avenue, south of Yosemite Parkway (Hwy 140). These changes would allow the construction of a 108-unit affordable housing project within a gated community.
March 23, 2022Planning Commission Minutes
RECOMMENDATION
Planning staff recommends that the Planning Commission recommend approval to the City Council of Environmental Review #22-14 (Mitigated Negative Declaration) and General Plan Amendment #22-02 and Zone Change #430 (including the adoption of the Draft Resolution at Attachment A) subject to the conditions in Exhibit A, the findings/considerations in Exhibit B, and the Mitigation Measures in Exhibit C, of the Draft Resolution at Attachment A.
Senior Planner NELSON reviewed the report on this item. For further information, refer to Staff Report #22-200.
Public testimony was opened at 7:17 PM
Speakers from the Audience in Favor:
MARISELA FULLER, Visionary Home Builders, Stockton
CAROL ORNELAS, Visionary Home Builders, Stockton
CHARLIE SIMPSON, Basecamp Environmental, Lodi
There were no speakers in opposition to the project.
Public testimony was closed at 7:27 PM
A motion was made by Member Dylina, seconded by Member White, to recommend to City Council adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program regarding Environmental Review #22-14, and recommend approval of General Plan Amendment #22-02 and Zone Change #430, subject to the Conditions set forth in Exhibit A, the Findings set forth in Exhibit B, and the Mitigation Monitoring Program set forth in Exhibit C (RESOLUTION #4088). The motion carried by the following vote:
Aye: Member Dylina
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member DeAnda
6 -
No: 0
Absent: Chairperson Harris1 -
E.2 SUBJECT: Density Bonus # 22-01, initiated by Visionary Homes of California, LLC, on behalf Evan R. Rahilly and Marlea Massey, Trustees, property owners. This application involves a request to
March 23, 2022Planning Commission Minutes
consider concessions and waivers to certain Design Standards for Multi-family Dwellings. The concessions and waivers would allow the construction of a 108-unit affordable apartment complex on approximately 4.59 acres of land generally located on the east side of Parsons Avenue, approximately 300 feet south of Yosemite Parkway (Hwy 140).
ACTION: PLANNING COMMISSION:
Recommendation to City Council
1) Environmental Review #22-17 (Categorical
Exemption)
2) Density Bonus Application #22-01
CITY COUNCIL:
Approve/Disapprove/Modify
1) Environmental Review #22-17 (Categorical
Exemption)
2) Density Bonus Application #22-01
SUMMARY
This is a request to consider Density Bonus # 22-01 which approves concessions and waivers to certain Design Standards for Multi -family Dwellings to allow the construction of a 108-unit affordable apartment complex with five three -story buildings and a single -story community /office building on approximately 4.59 acres of land generally located on the east side of Parsons Avenue, approximately 300 feet south of Yosemite Parkway (Hwy. 140). Staff is recommending the Planning Commission recommend approval to the City Council. No public hearing is required per state statues or local ordinances.
RECOMMENDATION
Planning staff recommends that the Planning Commission recommend approval to the City Council of Environmental Review # 22-17 (Categorical Exemption) and Density Bonus # 22-01 (including the adoption of the Draft Resolution at Attachment A) subject to the findings /considerations in Exhibit A of the Draft Resolution.
Senior Planner NELSON reviewed the report on this item. For further information, refer to Staff Report #22-204.
There were no comments from members of the audience.
March 23, 2022Planning Commission Minutes
A motion was made by Member Dylina, seconded by Member Delgadillo, to recommend to City Council adoption of a Categorical Exemption regarding Environmental Review #22-17, and recommend approval of Density Bonus #22-01, subject to the Findings set forth in Exhibit A (RESOLUTION #4089). The motion carried by the following vote:
Aye: Member Dylina
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member DeAnda
6 -
No: 0
Absent: Chairperson Harris1 -
E.3 SUBJECT: Commercial Cannabis Business Permits #21-01, and #21-06, initiated by Quality Yield Cultivation, LLC. on behalf of Hyway 59 Properties, LP, property owner. These applications are to permit indoor cultivation, and distribution of cannabis and cannabis-based products at 2777 N. Highway 59, Bldg. D, using an existing building on approximately 22.4 acres. The property is zoned Heavy Industrial (I-H), with a General Plan designation of Manufacturing Industrial (IND). **PUBLIC HEARING**
ACTION: Approve/Disapprove/Modify
1) Environmental Review #21-15 (Categorical
Exemption)
2) Commercial Cannabis Business Permit #21-01
3) Commercial Cannabis Business Permit #21-06
SUMMARY
This application is for two permits to utilize the property at 2777 N. Hwy 59, Bldg. D, for cannabis-related business activities. Because these permits are both sought by the same business for the same property, they are both summarized in this report. The permits seek to allow Quality Yield Cultivation, LLC. to operate indoor-cultivation and distribution facilities for cannabis and cannabis-related products. The project proposes to use and modify an existing building, which has access to utilities. Staff is recommending approval.
RECOMMENDATION
Planning staff recommends that the Planning Commission approve Environmental Review #21-15 (Categorical Exemption), and Commercial Cannabis Business Permits (CCBP) #21-01 and CCBP
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#21-06, subject to the conditions in Exhibit A and the
findings/considerations in Exhibit B of the Draft Resolution at Attachment A.
Development Services Technician II DAVIS reviewed the report on this item. For further information, refer to Staff Report #22-188.
Public testimony was opened at 7:52 PM
Speaker from the Audience in Favor:
ZACH DRIVON, Representative for Applicant, Stockton
There were no speakers in opposition to the project.
Public testimony was closed at 7:59 PM
A motion was made by Member Dylina, seconded by Member Greggains, to adopt a Categorical Exemption regarding Environmental Review #21-15 and approve Commercial Cannabis Business Permits #21-01 and #21-06, subject to the Conditions set forth in Exhibit A (RESOLUTION #4087). The motion carried by the following vote:
Aye: Member Dylina
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member DeAnda
6 -
No: 0
Absent: Chairperson Harris1 -
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.
F.2 SUBJECT: Calendar of Meetings/Events
March 21 City Council, 6:00 p.m.
23 Planning Commission, 7:00 p.m.
April 4 City Council, 6:00 p.m.
March 23, 2022Planning Commission Minutes
6 Planning Commission, 7:00 p.m.
18 City Council, 6:00 p.m.
20 Planning Commission, 7:00 p.m.
26 Bicycle and Pedestrian Advisory Commission, 4:00 p.m.
May 2 City Council, 6:00 p.m.
4 Planning Commission, 7:00 p.m.
16 City Council, 6:00 p.m.
18 Planning Commission, 7:00 p.m.
G. ADJOURNMENT
The Regular Meeting adjourned at 8:03 PM
A motion was made by Member Delgadillo, seconded by Member Greggains, that this be adjourned. The motion carried unanimously.