City Council Chamber
Merced Civic Center
678 W. 18th Street
Merced, CA 95340
CITY OF MERCED
Minutes
Planning Commission
7:00 PMWednesday, December 7, 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 WHITE led the Pledge of Allegiance to the Flag.
B. ROLL CALL
Clerk's Note: The Planning Commission has 1 vacancy at this time.
Chairperson Michael Harris, Member Dorothea White, Member Jose Delgadillo, Vice Chair Mary Camper, Member Jeremiah Greggains, and Member Anthony Gonzalez
Present: 6 -
Absent: 0
C. ORAL COMMUNICATIONS
There were no public comments.
D. CONSENT CALENDAR
D.1 SUBJECT: Planning Commission Minutes of November 7, 2022 ACTION:
Approving and filing the Planning Commission Minutes of November 7, 2022
A motion was made by Member Greggains, seconded by Member Gonzalez and carried by the following vote, to approve the Consent Agenda.
Aye: Chairperson Harris
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member Gonzalez
6 -
No: 0
December 7, 2022Planning Commission Minutes
Absent: 0
E. PUBLIC HEARINGS AND ACTION ITEMS
E.1 SUBJECT: Conditional Use Permit # 1267, submitted by Ahmed Mosleh, on behalf of Sam and Sue Malaythong, property owners . This application involves a request for tobacco sales (for off -site consumption) at 235 W. 12th Street, Suite B, generally located on the north side of W. 12th Street, approximately 75 feet east of Martin Luther King Jr. Way, within a Zoning classification of General Commercial (C-G), with a General Plan Designation of General Commercial (CG). *PUBLIC HEARING*
ACTION: Approve/Disapprove/Modify:
1) Environmental Review #22-43 (Categorical
Exemption)
2) Conditional Use Permit #1267
SUMMARY
Ahmed Mosleh is requesting approval to operate a convenience market with tobacco sales for off -site consumption at 235 W. 12th Street, Suite B .
The convenience market would be located within an approximately 525-square-foot suite. 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 Little Angels Park, a park, is located at 121 W. 11th Street. The primary use of a convenience market is principally permitted within the site’s Zoning classification of General Commercial (C-G), and General Plan designation of General Commercial (CG). However, tobacco sales requires conditional use permit approval as noted above. Staff is recommending approval of this application subject to conditions.
RECOMMENDATION
Planning staff recommends that the Planning Commission approve Environmental Review # 22-43 [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 #22-824.
December 7, 2022Planning Commission Minutes
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 Delgadillo, seconded by Member Gonzalez and carried by the following vote, to adopt a Categorical Exemption regarding Environmental Review #22-35 and approve Conditional Use Permit #1267, subject to the Findings and nineteen (19) Conditions set forth in Staff Report #22-910 (RESOLUTION #4101).
Aye: Chairperson Harris
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member Gonzalez
6 -
No: 0
Absent: 0
E.2 SUBJECT: Zone Change # 431 and Tentative Subdivision Map # 1323, initiated by Sam Sahota, property owner. This application involves a request for a Zone Change from an Urban Transition (U-T) Zone to a Low Density Residential (R-1-5) Zone at 385 S. Coffee Street. The applicant is also requesting to subdivide one parcel (approximately 10 acres) into 45 single-family lots ranging in size from 6,000 square feet to 8,691 square feet with an additional tot lot and basin lot. The 10-acre subject site is generally located at the west side of S. Coffee Street, 300 feet north of E. Gerard Avenue. *PUBLIC HEARING*
ACTION: PLANNING COMMISSION:
Recommendation to City Council
1) Environmental Review #22-32 (Negative
Declaration)
2) Zone Change #431
Approve/Disapprove/Modify:
1) Environmental Review #22-32 (Negative
Declaration)
2) Tentative Subdivision Map #1323
(subject to City Council approval of Zone Change
#431)
CITY COUNCIL:
Approve/Disapprove/Modify:
1) Environmental Review #22-32 (Negative
Declaration)
December 7, 2022Planning Commission Minutes
2) Zone Change #431
SUMMARY
The subject site is a mostly undeveloped 10-acre lot located in Southeast Merced at 385 S. Coffee Street. The subject site is generally located on the west side of Coffee Street, 300 feet north of Gerard Avenue. The applicant would like to change the site ’s current Zoning designation of Urban Transition (U-T) to Low Density Residential (R-1-5). The applicant would also like to subdivide the subject site into 45 independent parcels for single-family homes (with two parcels reserved for a tot lot and a basin ).
The residential lots would range in size from 6,000 square feet to 8,691 square feet. The proposed density of approximately 4.5 dwelling units per acre would be within the existing allowed General Plan designation of Low Density Residential (LDR) which allows between 2 to 6 dwelling units per acre. Staff is recommending approval with conditions.
RECOMMENDATION
Planning staff recommends that the Planning Commission recommend approval of Environmental Review # 22-32 [Negative Declaration] and Zone Change # 431; and approve Tentative Subdivision Map # 1323 (subject to City Council adopting the Zone Change) including the adoption of the Draft Resolutions at Attachments A and B of Staff Report # 22-915, subject to the conditions in Exhibit A and the findings /considerations in Exhibit B of each attachment.
Vice Chair CAMPER recused herself and left the dais at 7:15 PM due to a personal financial conflict of interest.
Associate Planner, MENDOZA-GONZALEZ reviewed the report on this item. For further information, refer to Staff Report #22-915.
Staff received 2 emails in opposition from DEBORAH LARSEN and WILLIAM BATES. Those emails were provided to the Planning Commission via email prior to the meeting and posted to the City's website.
Public Testimony was opened at 7:29 PM.
Speaker from the Audience in Favor
JIM XU, Applicant, Merced, CA
Speaker from the Audience in Opposition
JULIO GONZALEZ, Resident, Merced, CA
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Speaker from the Audience (Neutral)
ROBERT BRIAN HITTLE, Resident, Merced, CA
Public Testimony was closed at 7:39 PM.
Public Testimony was reopened at 7:56 PM.
Speaker from the Audience in Favor
JIM XU, Applicant, Merced, CA
Speaker from the Audience (Neutral)
ROBERT BRIAN HITTLE, Resident, Merced, CA
Public Testimony was closed at 8:11 PM.
The Engineering Department requested nine new conditions as follows:
(Note: Strikethrough deleted language, underline added language.) "35. A portion of the proposed basin lot shall be dedicated for the future extension of Mira Court, as required by the City Engineer. "36. The developer shall remove the existing cul-de-sac at Capella Court for the extension of Capella Court.
"37. Along the Coffee Street frontage, the developer shall dedicate 48 feet towards public right-of-way for the widening of Coffee Street, or as determined by the City Engineer.
"38. the developer shall reach-out to the Merced Irrigation District to determine if a storm drainage agreement is required for storm drainage discharge to MID facilities.
"39. The developer shall re-reroute or replace the private irrigation line from MID Well No. 87 that goes through the subject site to serve the adjacent parcels to the south at Assessor Parcel Numbers 061-261-030 and 061-261-031. The developer shall work with MID to determine the need, size, and location of these lines.
"40. If there is a private irrigation line form the MID Doane Lateral A that goes through the subject site along the west side of Coffee Street, the
December 7, 2022Planning Commission Minutes
applicant shall re-route or replace the line so that it may continue to serve nearby properties. The applicant shall work with MID to determine the need, size, and location of these lines.
"41. A signature block shall be provided for MID for the relocation of all MID facilities."
The Planning Commission proposed adding Condition #42 as follows:
(Note: Strikethrough deleted language, underline added language.) "42. The 7-foot-high wood fence along the southern property line shall be designed with reinforcements, such as larger baseboards or other such design features. Details to be worked out with staff at the Final Map stage." A motion was made by Member Greggains, seconded by Member Gonzalez, and carried by the following vote to recommend adoption of a Negative Declaration regarding Environmental Review #22-32 and recommend approval of Zone Change #431, subject to the Findings and nine (9) Conditions set forth in Staff Report #22-915 (RESOLUTION #4098) and to approve Vesting Tentative Subdivision Map #1323 (contingent upon City Council approval of Zone Change #431), subject to the Findings and thirty-four (34) Conditions set forth in Staff Report #22-915 (RESOLUTION #4102) with the addition of Conditions #35 through #41 as requested by the Engineering Department and the addition of Condition #42 as requested by the Planning Commission (as shown above).
Aye: Chairperson Harris
Member White
Member Delgadillo
Member Greggains
Member Gonzalez
5 -
No: 0
Absent: 0
Recused: Vice Chair Camper1 -
E.3 SUBJECT: General Plan Amendment #22-03, initiated by Eric Pluim on behalf of Gateway Park Development Partners, LLC, property owners, This application involves a request to change the General Plan roadway classification from Divided Arterial to Collector for a portion of Mission Avenue from Coffee Street to the east side of Pluim Drive (extended).**PUBLIC HEARING**
ACTION: Continue the matter to the January 18, 2023, Planning Commission meeting.
SUMMARY
December 7, 2022Planning Commission Minutes
This is a request to amend the General Plan Circulation Element by changing the roadway classification from Divided Arterial to Collector for a portion of Mission Avenue from Coffee Street to the east side of Pluim Drive (extended). This change is requested to improve the circulation for future development in the area.
RECOMMENDATION
Planning staff recommends that the Planning Commission continue this matter to the Planning Commission meeting of January 18, 2023.
At 8:13 PM, Vice Chair CAMPER returned to the dais.
Planning Manager ESPINOSA reviewed the report on this item on behalf of Senior Planner NELSON and indicated that the applicants had asked for a continuance to January 18, 2023. For further information, refer to Staff Report #22-939.
There was no one present wishing to speak regarding the project; therefore, public testimony was opened and closed at 8:15 PM.
A motion was made by Member White, seconded by Member Delgadillo and carried by the following vote, to continue the public hearing to the Planning Commission Meeting of January 18, 2023.
Aye: Chairperson Harris
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member Gonzalez
6 -
No: 0
Absent: 0
E.4 SUBJECT: WITHDRAWAL of the 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).
ACTION: No action required.
SUMMARY
The appellant has withdrawn the appeal to the Site Plan Review Committee’s approval of a one -year extension for Vesting Tentative Subdivision Map #1291.
December 7, 2022Planning Commission Minutes
RECOMMENDATION
The appellant has withdrawn the appeal. The Planning Commission should take no action on this matter.
Planning Manager ESPINOSA reviewed the report on this item on behalf of Senior Planner NELSON. No action was taken on this item due to the withdrawal.
E.5 SUBJECT: Cancellation of January 4, 2023, Planning Commission Meeting due to lack of items
ACTION:
Cancel the Planning Commission Meeting of January 4, 2023 A motion was made by Member Greggains, seconded by Member Delgadillo and carried by the following vote, to cancel the Planning Commission meeting of January 4, 2023, due to a lack of items.
Aye: Chairperson Harris
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member Gonzalez
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.
F.2 SUBJECT: Calendar of Meetings/Events
Dec. 5 City Council, 6:00 p.m.
7 Planning Commission, 7:00 p.m.
13 Bicycle and Pedestrian Advisory Commission, 4:00 p.m. 19 City Council, 6:00 p.m.
21 Planning Commission, 7:00 p.m. (Cancelled due to
Holiday)
December 7, 2022Planning Commission Minutes
Jan. 3 City Council, 6:00 p.m.
4 Planning Commission, 7:00 p.m. (To be Cancelled)
17 City Council, 6:00 p.m. (Tuesday)
18 Planning Commission, 7:00 p.m.
G. ADJOURNMENT
Clerk's Note: The Regular Meeting adjourned at 8:22 PM.
A motion was made by Member Gonzalez, seconded by Member Greggains and carried by the following vote, to adjourn the Regular Meeting.
Aye: Chairperson Harris
Member White
Member Delgadillo
Vice Chair Camper
Member Greggains
Member Gonzalez
6 -
No: 0
Absent: 0