City Council Chamber
Merced Civic Center
678 W. 18th Street
Merced, CA 95340
CITY OF MERCED
Minutes
Planning Commission
7:00 PMWednesday, August 3, 2022
A. CALL TO ORDER
Chairperson HARRIS called the Regular Meeting to order at 7:00 PM A.1. Moment of Silence
A.2. Pledge of Allegiance to the Flag
Member DYLINA led the Pledge of Allegiance to the Flag.
B. ROLL CALL
Chairperson Michael Harris, Member Dorothea White, Member Jose Delgadillo, Vice Chair Mary Camper, Member Jeremiah Greggains, Member Ronnie DeAnda, and Member Robert Dylina
Present: 7 -
Absent: 0
C. ORAL COMMUNICATIONS
There were no public comments.
D. CONSENT CALENDAR
D.1 SUBJECT: Planning Commission Minutes of July 6, 2022 ACTION:
Approving and filing the Planning Commission Minutes of July 6, 2022
ATTACHMENTS
1. Draft Minutes of July 6, 2022
A motion was made by Member Dylina, seconded by Member Delgadillo, to approve the Consent Agenda. The motion carried by the following vote:
Aye: Chairperson Harris
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member DeAnda
Member Dylina
7 -
August 3, 2022Planning Commission Minutes
No: 0
Absent: 0
E. PUBLIC HEARINGS AND ACTION ITEMS
E.1 SUBJECT: Commercial Cannabis Business Permit #21-05, initiated by Oktay Senvardarli (Oak Senvar) for Moak, Inc., on behalf of Moak, Inc., property owner. This application is to permit the construction and operation of a facility for indoor cultivation of medicinal cannabis and medicinal cannabis-based products on a 43,045 square-foot-vacant lot at 847 Beechcraft Ave. The property is zoned Light Industrial (I-L), with a General Plan designation of Manufacturing Industrial (IND). **PUBLIC HEARING**
ACTION: Approve/Disapprove/Modify
1) Environmental Review #21-31 (Categorical
Exemption)
2) Commercial Cannabis Business Permit #21-05
SUMMARY
This application is for a permit to utilize the property at 847 Beechcraft Avenue, for cannabis-related business activities. The permit seeks to allow Moak, Inc. to operate an indoor cultivation facility for medicinal cannabis and medicinal cannabis-related products. The project proposes to construct a new facility on an existing vacant lot. Staff is recommending approval with conditions.
RECOMMENDATION
Planning staff recommends that the Planning Commission approve Environmental Review #21-31 (Categorical Exemption), and Commercial Cannabis Business Permit (CCBP) #21-05, subject to the conditions in Exhibit A and the findings/considerations in Exhibit B.
Development Services Technician II DAVIS reviewed the report on this item. For further information, refer to Staff Report #22-432.
There was no one present wishing to speak regarding the project; therefore, public testimony was opened and closed at 7:14 PM.
A motion was made by Member Dylina, seconded by Member Greggains, to adopt a Categorical Exemption regarding Environmental Review #21-31 and approve Commercial Cannabis Business Permit #21-05, subject to the Conditions set forth in Exhibit A (RESOLUTION #4095). The motion carried by the following vote:
August 3, 2022Planning Commission Minutes
Aye: Chairperson Harris
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member DeAnda
Member Dylina
7 -
No: 0
Absent: 0
E.2 SUBJECT: Vesting Tentative Subdivision Map # 1321 for the Long Property Subdivision, initiated by Precision Engineering, on behalf of Long and Seng Thao, property owners. This application involves a request to subdivide 41.6 acres of land into 148 single-family lots. This property is generally located south of Cardella Road (extended), west of Fahrens Creek and has a General Plan designation of Low Density (LD Residential and a Zoning designation of Planned Development (P-D) #50. **PUBLIC HEARING**
ACTION: Continue the item to the August 17, 2022, Planning Commission Meeting
SUMMARY
The project site is located on the south side of Cardella Road (extended), west of Fahrens Creek. The proposed subdivision would subdivide 41.6 acres of land into 148 single-family lots. In order to allow more time to resolve some design issues with this tentative map, staff is recommending this item be continued to the Planning Commission meeting of August 17, 2022.
RECOMMENDATION
Planning staff recommends that the Planning Commission continue this matter to the August 17, 2022, Planning Commission meeting.
Commissioner DYLINA recused himself and left the dais regarding this item due to the proximity to his residence.
Senior Planner NELSON reviewed the report on this item. For further information, refer to Staff Report #22-544.
There was no one present wishing to speak regarding the project; therefore, public testimony was opened and closed at 7:15 PM.
A motion was made by Member White, seconded by Member Dylina, to continue Vesting Tentative Map #1321 to the Planning Commission Meeting of August 17,
August 3, 2022Planning Commission Minutes
2022. The motion carried by the following vote:
Aye: Chairperson Harris
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member DeAnda
6 -
No: 0
Absent: 0
Recused: Member Dylina1 -
E.3
SUBJECT: Appeal the Site Plan Review Committee’s approval of a one-year extension for Vesting Tentative Subdivision Map (VTSM) #1291 for Bright Development which would allow for the subdivision of approximately 39.8 acres of land into 161 single-family lots, generally located on the east side of G Street at Merrill Place (extended). **PUBLIC HEARING**
ACTION: Grant/Deny
1) Appeal of the one-year extension granted for VTSM
#1291 (Bright Development.
SUMMARY
On June 16, 2022, the Site Plan Review Committee granted a one-year extension to Vesting Tentative Subdivision Map (VTSM) #1291, extending the expiration date to July 16, 2023. On June 22, 2022, an appeal of this decision was filed by Rick Telegan on behalf of Regency Court II, LLC.
RECOMMENDATION
Planning staff recommends that the Planning Commission Deny the appeal of the Site Plan Review Committee’s approval of a one-year extension for Vesting Tentative Subdivision Map #1291.
At 7:15 p.m, Commissioner DYLINA returned to the dais.
Clerk's Note: The Planning Commission meeting recessed from 7:17 p.m to 7:23 p.m.
Senior Planner NELSON reviewed the report on this item. For further information, refer to Staff Report #22-545.
Staff received one email from GINGER BANDONI, requesting an update to the Initial Study for the project. The email was provided to the Planning Commission prior to the meeting.
August 3, 2022Planning Commission Minutes
Public testimony was opened at 7:40 PM.
Speaker in Favor
RICK TELEGAN, Appellant, Fresno, CA
Speaker in Opposition
DAVE BUTZ, Applicant, Bright Development
Public testimony was closed at 7:58 PM.
A motion was made by Member Dylina, seconded by Member Delgadillo, to continue the Appeal of the 1-year extension of Vesting Tentative Map #1291 to the Planning Commission Meeting of August 17, 2022. The motion carried by the following vote:
Aye: Chairperson Harris
Member White
Member Delgadillo
Member DeAnda
Member Dylina
5 -
No: Vice Chair Camper
Member Greggains
2 -
Absent: 0
E.4
SUBJECT: Density Bonus #22-02, initiated by Custom Containers 915 and Merced Rescue Mission, on behalf of the Housing Successor Agency, property owner. This application involves a request to permit an increase in density, and provides for waivers and concessions to development standards and ordinance regulations. The proposal includes the construction of 4 affordable permanent supportive housing structures, a laundry room, and manager’s unit, within two two-story duplexes and a future accessory dwelling unit on a 0.46-arce parcel at 73 S. R Street. The subject site is generally located on the west side of R Street, approximately 225 feet south of Childs Avenue. The site has a Zoning Classification of Low Density Residential (R-1-6) with a General Plan Designation of Low Density Residential (LDR).
ACTION: PLANNING COMMISSION:
Recommendation to City Council
1) Environmental Review #22-26 (Categorical
Exemption)
2) Density Bonus Application #22-02
August 3, 2022Planning Commission Minutes
CITY COUNCIL:
Approve/Disapprove/Modify
1) Environmental Review #22-26 (Categorical
Exemption)
2) Density Bonus Application #22-02
SUMMARY
This
is a request to consider Density Bonus #22-02 which permits an increase in density and provides for concessions and waivers of development standards/zoning regulations to allow the construction of 4 affordable permanent supportive housing structures which shall service 21 individuals, a manager unit, a laundry room, and future accessory dwelling unit on a 0.46-arce parcel, generally located on the west side of R Street, approximately 225 feet south of Childs Avenue. The residential complex is primarily intended to house unsheltered veterans that may have extremely low incomes, around 60% of the County’s Average Median Income (AMI).
On-site management would be provided 24 hours per day, 7 days a week, by the Merced County Rescue Mission. Staff is recommending the Planning Commission recommend approval to the City Council. No public hearing is required per State statues and local ordinances.
RECOMMENDATION
Planning staff recommends that the Planning Commission recommend approval to the City Council of Environmental Review #22-26 (Categorical Exemption) and Density Bonus #22-02 (including the adoption of the Draft Resolution at Attachment A) subject to the findings/considerations in Exhibit A of the Draft Resolution.
A motion was made by Member Dylina, seconded by Member Camper, to recommend to City Council adoption of a Categorical Exemption regarding Environmental Review #22-26 and approval of Density Bonus #22-02, subject to the Findings set forth in Exhibit A (RESOLUTION #4093). The motion carried by the following vote:
Aye: Chairperson Harris
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member DeAnda
Member Dylina
7 -
No: 0
Absent: 0
F. INFORMATION ITEMS
August 3, 2022Planning Commission Minutes
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
Aug. 15 City Council, 6:00 p.m.
17 Planning Commission, 7:00 p.m.
23 Bicycle and Pedestrian Advisory Commission, 4:00 p.m.
Sept. 6 City Council, 6:00 p.m. (Tuesday)
7 Planning Commission, 7:00 p.m.
19 City Council, 6:00 p.m.
21 Planning Commission, 7:00 p.m.
Oct 3 City Council, 6:00 p.m.
5 Planning Commission, 7:00 p.m.
6 Bicycle and Pedestrian Advisory Commission, 4:00 p.m. 17 City Council, 6:00 p.m.
19 Planning Commission, 7:00 p.m.
G. ADJOURNMENT
Clerk's Note: The Regular Meeting was adjourned at 8:41 PM A motion was made by Member Dylina, seconded by Member Delgadillo, to adjourn the Regular Meeting. The motion carried by the following vote:
Aye: Chairperson Harris
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member DeAnda
Member Dylina
7 -
No: 0
Absent: 0