City Council Chamber
Merced Civic Center
678 W. 18th Street
Merced, CA 95340
CITY OF MERCED
Minutes
Planning Commission
7:00 PMWednesday, October 19, 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
Commissioner GONZALEZ led the Pledge of Allegiance to the Flag.
B. ROLL CALL
Chairperson Michael Harris, Member Dorothea White, Member Jose Delgadillo, Member Jeremiah Greggains, Member Anthony Gonzalez, and Member Ronnie DeAnda
Present: 6 -
Vice Chair Mary CamperExcused: 1 -
Absent: 0
C. ORAL COMMUNICATIONS
There were no public comments.
D. CONSENT CALENDAR
D.1 SUBJECT: Planning Commission Minutes of October 5, 2022 ACTION:
Approving and filing the Planning Commission Minutes of October 5, 2022
A motion was made by Member Greggains, seconded by Member White, to approve the Consent Agenda. The motion carried by the following vote:
Aye: Chairperson Harris
Member White
Member Delgadillo
Member Greggains
Member Gonzalez
Member DeAnda
6 -
No: 0
October 19, 2022Planning Commission Minutes
Excused: Vice Chair Camper1 -
Absent: 0
E. PUBLIC HEARINGS AND ACTION ITEMS
E.1 SUBJECT: Vacation #22-03, to vacate an eastern portion of the Arbor Walkway North easement (approximately 2,053 square feet) which would revert development rights back to the property owner of 534 W.
Main Street, Merced.
ACTION: Finding
The proposed vacation is consistent with the General Plan.
SUMMARY
The property owner of 534 W. Main Street is requesting a partial vacation of the Arbor Walkway so the property owner may regain development rights within this area. A western portion of this walkway (52-inches-wide) would remain a City easement for pedestrian access between the City parking lot to the north and Main Street to the south. Engineering and Planning Department staff have reviewed this request and recommend that the Planning Commission adopt a Finding stating that the proposed Vacation is consistent with the General Plan. The General Plan does not address the abandonment of easements; and thus, this action does not conflict with any General Plan policies, text, or maps, so it can be considered “consistent.” The area to be vacated consists of approximately 2,053 square feet.
RECOMMENDATION
Adopt a motion by minute action adopting a Finding that the proposed Vacation #22-03 is consistent with the General Plan.
Associate Planner MENDOZA-GONZALEZ reviewed the report on this item. For further information, refer to Staff Report #22-824.
There was no one present wishing to speak regarding the project; therefore, public testimony was opened and closed at 7:13 PM.
A motion was made by Member Greggains, seconded by Member White, to adopt a Finding that Vacation #22-03 is consistent with the General Plan.
October 19, 2022Planning Commission Minutes
Aye: Chairperson Harris
Member White
Member Delgadillo
Member Greggains
Member Gonzalez
Member DeAnda
6 -
No: 0
Excused: Vice Chair Camper1 -
Absent: 0
E.2 SUBJECT: Conditional Use Permit # 1265, submitted by Asem Almaamari, on behalf of Merced Home, LLC, property owner . This application involves a request for tobacco sales (for off -site consumption) for a new retail store at 900 Loughborough Drive, Suite D. The subject site is generally located on the south side of Loughborough Drive, approximately 850 feet east of R Street, within a Zoning classification of Planned Development (P-D) #1, with a General Plan Designation of Regional /Community Commercial (RC). * PUBLIC HEARING*
ACTION: Approve/Disapprove/Modify
Environmental Review #22-35(Categorical Exemption)
Conditional Use Permit #1265
SUMMARY
Asem Almaamari is requesting approval to operate a convenience market with tobacco sales for off -site consumption at 900 Loughborough Drive, Suite D. The convenience market would be located within an approximate 1,000-square-foot suite that is part of a larger building with other commercial tenants. A conditional use permit is required for “tobacco sales” for off -site consumption for sites within 600 feet of a “youth center ” per Merced Municipal Code Section 20.44.160 - Tobacco Sales Prohibited Near Schools. The youth center located near the convenience market is “At the Pier Arcade,” located within the Merced Mall. The primary use of a convenience market is principally permitted within the site ’s Zoning classification of Planned Development (P-D) #1, and General Plan designation of Regional /Community Commercial, but the tobacco sales for off-site consumption requires conditional use permit approval from the Planning Commission. Staff is recommending approval of this application subject to conditions.
RECOMMENDATION
October 19, 2022Planning Commission Minutes
Planning staff recommends that the Planning Commission approve Environmental Review # 22-35 [Categorical Exemptio n] including the adoption of the Draft Resolution at Attachment A subject to the conditions in Exhibit A and the findings/considerations in Exhibit B.
Associate Planner MENDOZA-GONZALEZ reviewed the report on this item. For further information, refer to Staff Report #22-790.
Public testimony was opened at 7:28 PM.
Speaker from the Audience in Favor
ASEM ALMAAMARI, Applicant, Merced, CA
There were no speakers in opposition to the project.
A motion was made by Member Delgadillo, seconded by Member Gonzalez, to adopt a Categorical Exemption regarding Environmental Review #22-35 and approve Conditional Use Permit #1265, subject to the Conditions set forth in Exhibit A (RESOLUTION #4099). The motion carried by the following vote:
Aye: Chairperson Harris
Member White
Member Delgadillo
Member Greggains
Member Gonzalez
Member DeAnda
6 -
No: 0
Excused: Vice Chair Camper1 -
Absent: 0
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: Continue the matter to the November 9, 2022, Planning Commission meeting.
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. The applicant has requested this matter be continued to the Planning Commission meeting of November 9, 2022.
October 19, 2022Planning Commission Minutes
RECOMMENDATION
Planning staff recommends that the Planning Commission continue this matter to the Planning Commission meeting of November 9, 2022.
Planning Manager ESPINOSA reviewed the report on this item on behalf of Senior Planner NELSON. For further information, refer to Staff Report #22-839.
There was no one present wishing to speak regarding the project; therefore, public testimony was opened and closed at 7:32 PM.
A motion was made by Member Gonzalez, seconded by Member Delgadillo, to continue the public hearing to the Planning Commission Meeting of November 9, 2022. The motion carried by the following vote:
Aye: Chairperson Harris
Member White
Member Delgadillo
Member Gonzalez
Member DeAnda
5 -
No: Member Greggains1 -
Excused: Vice Chair Camper1 -
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.
F.2 SUBJECT: Calendar of Meetings/Events
Oct. 17 City Council, 6:00 p.m.
19 Planning Commission, 7:00 p.m.
25 Bicycle and Pedestrian Advisory Commission, 4:00 p.m.
Nov. 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. (To be Cancelled)
Dec. 7 City Council, 6:00 p.m.
9 Planning Commission, 7:00 p.m.
October 19, 2022Planning Commission Minutes
13 Bicycle and Pedestrian Advisory Commission, 4:00 p.m. (Tentative)
21 City Council, 6:00 p.m.
23 Planning Commission, 7:00 p.m. (To be Cancelled)
G. ADJOURNMENT
Clerk's Note: The Regular Meeting adjourned at 7:38 PM.
A motion was made by Member Greggains, seconded by Member Gonzalez, to adjourn the Regular Meeting. the motion carried by the following vote:
Aye: Chairperson Harris
Member White
Member Delgadillo
Member Greggains
Member Gonzalez
Member DeAnda
6 -
No: 0
Excused: Vice Chair Camper1 -
Absent: 0