City Council Chamber
Merced Civic Center
678 W. 18th Street
Merced, CA 95340
CITY OF MERCED
Minutes
Planning Commission
7:00 PMWednesday, June 7, 2023
A. CALL TO ORDER
Chairperson HARRIS called the Regular Meeting to order at 7:01 PM.
A.1. Moment of Silence
A.2. Pledge of Allegiance to the Flag
Vice Chair CAMPER led the Pledge of Allegiance to the Flag.
B. ROLL CALL
Clerk's Note: Commissioners WHITE and GONZALEZ were absent, excused. The Planning Commission has 1 vacancy at this time.
C. ORAL COMMUNICATIONS
There were no public comments.
D. CONSENT CALENDAR
D.1 SUBJECT: Planning Commission Minutes of April 5, 2023 ACTION:
Approving and filing the Planning Commission Minutes of April 5, 2023 A motion was made by Member Greggains, seconded by Member Delgadillo and carried by the following vote, to approve the Consent Agenda.
Aye: Chairperson Harris
Member Delgadillo
Vice Chair Camper
Member Greggains
4 -
No: 0
Absent: Member White
Member Gonzalez
2 -
E. PUBLIC HEARINGS AND ACTION ITEMS
E.1 SUBJECT: Annual Review of the Capital Improvement Program (CIP),
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Determination of Whether the Individual Projects are Consistent with the General Plan Maps, Policies, and Principles and Recommendation to the City Council Regarding the Consistency with the Merced Vision 2030 General Plan
ACTION Adopt a finding that the CIP is consistent with the General Plan
SUMMARY
The City of Merced’s 2023-24 Fiscal Year Capital Improvement Program (CIP) identifies the proposed major projects or purchases over the next fiscal year. A function of the Planning Commission is the annual review of the CIP to determine whether the individual projects are consistent with the General Plan maps, policies, and principles. The Draft Project List for the 2023-2024 Capital Improvement Program document is provided at Attachment A. These are part of the City Manager’s budget recommendation which will be considered by the Merced City Council.
They are anticipated to take action on the entire 2023-24 Budget at their regularly scheduled meeting of June 20, 2023.
RECOMMENDATION
Staff recommends that the Planning Commission recommend to the City Council that the Draft 2023-24 Capital Improvement Program is consistent with the “Merced Vision 2030 General Plan” and related master plans.
Director of Development Services MCBRIDE reviewed the report on this item. For further information, refer to Staff Report #23-473.
A motion was made by Vice Chair Camper, seconded by Member Delgadillo and carried by the following vote, to adopt a Finding that the Fiscal Year 2023-2024 Capital Improvement Program is consistent with the General Plan.
Aye: Chairperson Harris
Member Delgadillo
Vice Chair Camper
Member Greggains
4 -
No: 0
Absent: Member White
Member Gonzalez
2 -
E.2 SUBJECT: Vacation #23-01 and #23-02 - initiated by Rhino Holdings, LLC, to abandon a portion of right-of-way on the south side of Main Street, between R Street and T Street.
ACTION FINDING:
1) The proposed Vacation is consistent with the
June 7, 2023Planning Commission Minutes
General Plan.
SUMMARY
This request is to vacate a portion of right-of-way on the south side of Main Street between R Street and T Street. In addition to typical right-of-way improvements, this section of right-of-way also includes parking spaces that serve the Westgate Shopping Center. The City would reserve an easement for all public improvements.
RECOMMENDATION
Planning staff recommends that the Planning Commission adopt a Finding that the proposed Vacation is consistent with the General Plan.
Senior Planner NELSON reviewed the report on this item. For further information, refer to Staff Report #23-472.
A motion was made by Vice Chair Camper, seconded by Member Delgadillo and carried by the following vote, to adopt a Finding that Vacation #23-01 and Vacation #23-02 are consistent with the General Plan.
Aye: Chairperson Harris
Member Delgadillo
Vice Chair Camper
Member Greggains
4 -
No: 0
Absent: Member White
Member Gonzalez
2 -
E.3 SUBJECT: Density Bonus # 23-01, initiated by Linc Housing Corporation, on behalf of the City of Merced, property owner. This application involves a request to consider an increase in density and concessions to certain Design Standards for Multi -family Dwellings .
The density bonus and concessions would allow the construction of a 54-unit affordable apartment complex on approximately 0.52 acres of land, generally located on the northwest corner of 18th and I Streets and the southwest corner of 19th and I Streets.
ACTION: PLANNING COMMISSION:
Recommendation to City Council
1) Environmental Review #23-19 (Categorical
Exemption)
2) Density Bonus Application #23-01
CITY COUNCIL:
Approve/Disapprove/Modify
1) Environmental Review #23-19 (Categorical
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Exemption)
2) Density Bonus Application #23-01
SUMMARY
This is a request to consider Density Bonus # 23-01 which approves an increase in density from 23 units to 54 units and concessions to certain Design Standards for Multi -family Dwellings to allow the construction of a 100% affordable apartment complex within a 4-story building at the northwest corner of 18th and I Streets and a 3-story building at the southwest corner of 19th and I Streets on approximately 0.52 acres of land .
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 # 23-19 (Categorical Exemption) and Density Bonus # 23-01 (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 #23-471.
Speakers via Teleconference in Favor:
ROSE CUYNO, Applicant, Los Angeles, CA
CARMEN NOYOLA, Applicant, Los Angeles, CA
There were no speakers in opposition to the project.
A motion was made by Member Greggains, seconded by Member Delgadillo and carried by the following vote, to recommend to City Council adoption of a Categorical Exemption regarding Environmental Review #23-19 and approval of Density Bonus #23-01, subject to the Findings set forth in Staff Report #23-471 (RESOLUTION #4114) .
Aye: Chairperson Harris
Member Delgadillo
Vice Chair Camper
Member Greggains
4 -
No: 0
Absent: Member White
Member Gonzalez
2 -
June 7, 2023Planning Commission Minutes
E.4 SUBJECT: Commercial Cannabis Business Permits #22-12, #22-13, and #22-14, initiated by John Bodo on behalf of Ooibodomerced, LLC., property owner. These applications are to permit indoor cultivation operations and distribution of cannabis and cannabis-based products within an existing building located on an approximately
11.29-acre lot at 1 West Avenue (also known as 16 Eagle Street). 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 #22-49 (Categorical
Exemption)
2) Commercial Cannabis Business Permit #22-12
3) Commercial Cannabis Business Permit #22-13
4) Commercial Cannabis Business Permit #22-14
SUMMARY
This application is for three permits to utilize the property at 1 West Avenue (also known as 16 Eagle Street), for cannabis-related business activities.
Because all three permits are to be held by the same owner, within the same property, they are all summarized in this report. The permits seek to allow John Bodo 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 #22-49 (Categorical Exemption), and Commercial Cannabis Business Permits (CCBPs) #22-12, #22-13, and #22-14, 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 #23-418.
Staff received 1 letter from AMY STEINFELD. The letter was provided to the Planning Commission via email prior to the meeting and posted to the City's website.
Public Testimony was opened at 7:48 PM.
Speakers from the Audience in Favor
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CHRIS COX, Representing the Applicant, Be Green Legal, Sacramento, CA
Speaker from the Audience (Neutral)
BILL LYONS, Lyons Investments, Modesto, CA
There were no speakers in opposition to the project.
Public Testimony was closed at 8:10 PM.
A motion was made by Member Greggains, seconded by Member Delgadillo and carried by the following vote, to adopt a Categorical Exemption regarding Environmental Review #22-49 and approve Commercial Cannabis Business Permit #22-12, #22-13, and #22-14, subject to the findings and twenty-four (24) Conditions set forth in Staff Report #23-418 (RESOLUTION #4112).
Aye: Chairperson Harris
Member Delgadillo
Vice Chair Camper
Member Greggains
4 -
No: 0
Absent: Member White
Member Gonzalez
2 -
E.5 SUBJECT: Zoning Ordinance Amendment # 23-01, initiated by the City of Merced. This application involves changes to the Merced Zoning Ordinance (Title 20 of the Merced Municipal Code) which would amend Merced Municipal Code Section 20.44.170 (Regulation of Commercial Cannabis Activities - Commercial Cannabis Business Permit Required). This amendment would increase the maximum number of retail cannabis dispensaries allowed within the City from five to up to ten, add a new section allowing Council consideration of alternative sites for retail cannabis business applications under appeal, include local ownership requirements for cannabis retail permits issued after November 3, 2021, and various other amendments.
ACTION: PLANNING COMMISSION:
Recommendation to City Council
1) Environmental Review #23-12 (Categorical
Exemption)
2) Zoning Ordinance Amendment #23-01
CITY COUNCIL:
Approve/Disapprove/Modify
June 7, 2023Planning Commission Minutes
1) Environmental Review #23-12 (Categorical
Exemption)
2) Zoning Ordinance Amendment #23-01
SUMMARY
The City is proposing modifications to the City ’s current cannabis ordinance found under Merced Municipal Code Section 20.44.170 - Regulations of Commercial Cannabis Activities - Commercial Cannabis Business Permit Required. During the City Council meeting of March 20, 2023, the Council discussed potential modifications to the ordinance and directed staff to modify various sections of the ordinance. This ordinance amendment would increase the number of retail cannabis permits from 5 to up to 10, allow Council to consider alternative sites for retail cannabis business permit applications under appeal, include local ownership requirements for cannabis retail permits issued after November 3, 2021, and other minor procedural clarifications and modifications.
RECOMMENDATION
Planning staff recommends that the Planning Commission recommend approval to the City Council of Environmental Review # 23-12 (Categorical Exemption) and Zoning Ordinance Amendment # 23-01 as outlined in Exhibit B of the Draft Resolution #4113, subject to the findings/considerations in Exhibit A of the Draft Resolution at Attachment A.
Associate Planner MENDOZA-GONZALEZ reviewed the report on this item. For further information, refer to Staff Report #23-439.
Public Testimony was opened at 8:21 PM.
Staff received 1 letter from RAJ POTTABATHNI. The letter was provided to the Planning Commission via email prior to the meeting and posted to the City's website. Members of the public were given the opportunity to leave voice mail messages prior to the meeting. One voice mail was received from PATRICK OROSCO and another from RAJ POTTABATHANI. Both voice mails were played for the Commission at the meeting.
There was no one present within Public Testimony to speak regarding the project; therefore, Public Testimony was closed at 8:29 PM.
A motion was made by Vice Chair Camper, seconded by Member Delgadillo and carried by the following vote to recommend to City Council the adoption of a Categorical Exemption regarding Environmental Review #23-12, and approval of Zoning Ordinance Amendment #23-01, subject to the Findings set forth in Staff Report #23-439 (RESOLUTION #4113).
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Aye: Chairperson Harris
Member Delgadillo
Vice Chair Camper
Member Greggains
4 -
No: 0
Absent: Member White
Member Gonzalez
2 -
E.6 SUBJECT: Adoption of a Resolution of Denial for Vesting Tentative Subdivision Map # 1326 initiated by ISEA International, property owner, for an approximately 10.76 acre parcel generally located on the south side of Cardella Road, between El Redonndo Drive and Horizons Avenue (1250 Cardella Road). The Vesting Tentative Subdivision Map would subdivide the parcel into 53 single-family lots, ranging in size from 5,000 square feet to 6,718 square feet.
ACTION
PLANNING COMMISSION:
Adopt a Resolution of Denial for:
1) Environmental Review #22-50 (Negative Declaration)
2) Tentative Subdivision Map #1326
SUMMARY
On April 5, 2023, the Planning Commission held a public hearing and directed staff to prepare a resolution of denial for Vesting Tentative Subdivision Map # 1326 and associated environmental review based on the reasons provided by the Planning Commission. The draft resolution for denial is attached for consideration and action at Attachment A.
RECOMMENDATION
Planning staff recommends approving the Resolution of Denial for Tentative Subdivision Map #1326 found at Attachment A of Staff Report #23-451, subject to Findings N and O as described in the Planning Commission Resolution at Attachment A.
Associate Planner MENDOZA-GONZALEZ reviewed the report on this item. For further information, refer to Staff Report #23-451.
A motion was made by Member Greggains, seconded by Vice Chair Camper and carried by the following vote to approve the resolution of denial for a Negative Declaration regarding Environmental Review #22-50 and Vesting Tentative Subdivision Map #1326 (RESOLUTION #4110).
June 7, 2023Planning Commission Minutes
Aye: Chairperson Harris
Member Delgadillo
Vice Chair Camper
Member Greggains
4 -
No: 0
Absent: Member White
Member Gonzalez
2 -
F. INFORMATION ITEMS
F.1 SUBJECT: Report by Director of Development Services of Upcoming Agenda Items
ACTION
Information only.
Director of Development Services MCBRIDE went over items for the next several Planning Commission meetings, including possibly changing the start time for Planning Commission meetings from 7 PM to 6 PM.
F.2 SUBJECT: Calendar of Meetings/Events
June 5 City Council, 6:00 p.m.
7 Planning Commission, 7:00 p.m.
20 City Council, 6:00 p.m. (Tuesday)
21 Planning Commission, 7:00 p.m.
27 Bicycle and Pedestrian Advisory Commission, 4:00 p.m.
July 3 City Council, 6:00 p.m.
5 Planning Commission, 7:00 p.m.
17 City Council, 6:00 p.m.
19 Planning Commission, 7:00 p.m.
G. ADJOURNMENT
Clerk's note: The Regular Meeting adjourned at 8:39 PM.
A motion was made by Member Greggains, seconded by Vice Chair Camper and carried by the following vote, to adjourn the Regular Meeting.
Aye: Chairperson Harris
Member Delgadillo
Vice Chair Camper
Member Greggains
4 -
No: 0
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Absent: Member White
Member Gonzalez
2 -