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Planning Commission Staff Report #23-534

City Council/Public Finance and Economic Development Authority/Parking Authority
August 21, 2023

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Planning Commission Staff Report #23-534
Meeting
August 21, 2023
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City Council/Public Finance and Economic Development Authority/Parking Authority
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24
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Text extracted from the city's file for reading and search. Open the original on cityofmerced.legistar1.com. That file is the official record.

CITY OF MERCED

ADMINISTRATIVE REPORT
Merced Civic Center
678 W. 18th Street
Merced, CA 95340
File #: 23-534 Meeting Date: 7/5/2023
Planning Commission Staff Report
Report Prepared by: Francisco Mendoza-Gonzalez, Associate Planner, Development Services Department SUBJECT: General Plan Amendment #23-02, Site Utilization Plan Revision #3 to Planned Development (P-D) #12, Conditional Use Permit #1274, and Site Plan Review Permit #516 initiated by Merced Security Storage, LLC, on behalf of REM Land Group, LLC, property owner.

The General Plan Amendment would change the General Plan land use designation from Commercial Office (CO) to Business Park (BP). The Site Utilization Plan Revision would change the land use designation within P-D #12 from Commercial Office to Self-Storage. The Site Plan Review Permit would allow the development of a self-storage facility (approximately 440 storage units) with long-term boat and recreational vehicle parking spaces (approximately 171 parking spaces). The Conditional Use Permit would allow a live/work unit for an onsite manager for the self-storage facility. The approximate 6-acre subject site is generally located on the north side of Olive Avenue, approximately 725 feet east of Highway 59. *PUBLIC HEARING* ACTION: PLANNING COMMISSION:

Recommendation to City Council
1) Environmental Review #23-08 (Mitigated Negative Declaration) 2) General Plan Amendment #23-02
3) Site Utilization Plan Revision #3 to Planned Development (P-D) #12 Approve/Disapprove/Modify
1) Environmental Review #23-08 (Mitigated Negative Declaration) 2) Conditional Use Permit #1274
3) Site Plan Review Permit #516
[subject to City Council approval of General Plan Amendment #23-02, and Site Utilization Plan Revision #3 to Planned Development (P-D) #12] CITY COUNCIL:

Approve/Disapprove/Modify:
1) Environmental Review #23-08 (Mitigated Negative Declaration) 2) General Plan Amendment #23-02
3) Site Utilization Plan Revision #3 to Planned Development (P-D) #12
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ATTACHMENT 9
File #:23-534 Meeting Date: 7/5/2023

SUMMARY
The subject site consists of a vacant 6.02-acre parcel located in northwest Merced at 1965 W. Olive Avenue. The subject site is generally located on the north side of Olive Avenue, 725 feet east of Highway 59. The General Plan Amendment would change the General Plan land use designation from Commercial Office (CO) to Business Park (BP). The Site Utilization Plan Revision would change the land use designation within P-D #12 from Commercial Office to Self-Storage (Attachment D). The Site Plan Review Permit would allow the development of a self-storage facility with approximately 440 storage units, and a long-term boat and recreational vehicle parking facility with approximately 171 spaces. The Conditional Use Permit would allow a live/work unit for an onsite manager for the self-storage facility.

RECOMMENDATION
General Plan Amendment and Site Utilization Plan (SUP) Revision Planning staff recommends that the Planning Commission recommend approval to the City Council of Environmental Review #23-08 (Mitigated Negative Declaration), General Plan Amendment #23-02, and Site Utilization Plan Revision #3 to Planned Development (P-D) #12 (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 Monitoring Program in Exhibit C of the Draft Resolution.

Conditional Use Permit and Site Plan Review
Planning staff recommends that the Planning Commission approve Conditional Use Permit #1274 and Site Plan Review #516 (including the adoption of the Draft Resolution at Attachment B) subject to the conditions in Exhibit A, the findings/considerations in Exhibit B, and the Mitigation Monitoring Program in Exhibit C of the Draft Resolution., and contingent upon City Council approval of the General Plan Amendment and SUP Revision above.

DISCUSSION
Project Description
The proposed project is generally located on the north side of Olive Avenue, approximately 725 feet east of Highway 59 (Attachment C). The proposed land uses changes are shown on the map at Attachment D. The proposed project includes a self-storage facility with approximately 440 storage units, a live/work unit for the self-storage manager, and a long-term boat and recreational vehicle parking facility with approximately 171 spaces. The applicant has provided a site plan (Attachment E), floor plans (Attachment F), and elevations (Attachment G) for this proposal.

The southern portion of the development along Olive Avenue would be reserved for the self-storage component of the business (refer to the Site Plan at Attachment E). The tallest structure would be the office at approximately 22 feet tall with the exterior consisting of terracotta tile roofing, walls with a stucco finish with stone veneer columns, and storefront windows (refer to the Elevations at Attachment G). The storage units would be about 11 feet tall and range in dimensions between 5 feet by 5 feet, and 10 feet by 25 feet. The storage units would have a metal finish and a sloped roof from 11 feet to 10 feet, and other similar angled heights. On the eastern property line, the back of theCITY OF MERCED Printed on 8/2/2023Page 2 of 4 powered by Legistar™
File #:23-534 Meeting Date: 7/5/2023
11 feet to 10 feet, and other similar angled heights. On the eastern property line, the back of the storge buildings would be made out of concrete blocks and be 12 feet tall. The north, south, west, and east (segment for boat and recreational vehicle parking only) property lines would be secured with a wrought iron perimeter fence. The southern portion of the project site would be secured with gates that would be equipped with electronic opening devices to restrict access.

The northern portion of the subject site (approximately 4 acres) would be dedicated for long-term boat and recreational vehicle parking with approximately 171 parking stalls with spaces ranging in size between 10 feet by 28 feet, and 12 feet by 58 feet. The long-term parking stalls would consist of gravel or other similar surface, but the driving aisles to said stalls would be paved with an impervious surface.

Surrounding uses as noted in Attachment C.

Surrounding Land Existing Use of Land City Zoning
Designation
City General Plan
Land Use Designation
North Old Fahrens Park Planned
Development (P-D)
#9
Parks and Open
Space (P-OS)
South Walmart (across
Olive Avenue)
Planned
Development (P-D)
#16
Regional/Community
Commercial (RC)
East Single-Family
Subdivision
Low Density
Residential (R-1-6)
Low Density
Residential (LD)
West Blue Fire Planned
Development (P-
D) #12
Light Industrial (IL)
Background
The subject site (approximately 6 acres) was annexed into the City in 1970, as part of the Fahrens Creek Annexation which incorporated approximately 576.60 acres into the City limits. The land uses in the area included Light Industrial (I-L) to the east of the subject site and Low Density Residential (LDR) to the west of the subject site. The subject site was designated for Commercial Office (CO) to be a buffer between the industrial and residential uses. The CO designation offered reduced impacts to the adjacent residential properties as professional and medical offices tend to have limited hours of operation during the evening and weekends with less traffic and noise compared to light industrial uses. The subject site has remained vacant for several decades and there has been difficulty developing this site given that its proximity to Black Rascal Creek (approximately 100 feet north) puts 2/3 of the subject site (or 4 acres) within a floodway that does not allow the construction of any structures or buildings. These floodway restrictions have made it difficult to develop this site, however the proposed use of boat and recreational vehicle parking within this floodway do not require buildings making it a qualifying use within the floodway [refer to Finding H of Planning Commission Resolution #4118 (Attachment A) for more information on the requirements for construction within the CITY OF MERCED Printed on 8/2/2023Page 3 of 4
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File #: 23-534 Meeting Date: 7/5/2023
floodway].

Findings/Considerations
Please refer to Exhibit B of the Draft Planning Commission Resolution at Attachment A for the Findings related to General Plan Amendment 23-02 and Site Utilization Plan Revision #3 to Planned Development (P-D) #12. Please refer to Exhibit B of the Draft Planning Commission Resolution at Attachment B for the Findings related to Conditional Use Permit #1274 Site Plan Review #517.

ATTACHMENTS
A. Draft Planning Commission Resolution - General Plan Amendment and Site Utilization Plan Revision
B. Draft Planning Commission Resolution - Conditional Use Permit and Site Plan Review Permit C. Location Map
D. Land Use Map
E. Site Plan
F. Floor Plans
G. Elevations
H. Table 20.10 - 1 Permitted Land Uses in the Commercial Zoning Districts showing Business Park uses
I. Planned Development Standards
J. Initial Study (Mitigated Negative Declaration)
K. Mitigation Monitoring Table
L. Presentation
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Refer to Administrative Report Attachments 1 through 8
and Attachment 10 for Planning Commission Staff Report
Attachments A through G, and I through J.

City of Merced Zoning Ordinance Page 21
Chapter 20.10 – COMMERCIAL ZONING DISTRICTS
Sections:

20.10.010 Purpose of the Commercial Zoning Districts

20.10.020 Land Use Regulations for Commercial Zoning Districts

20.10.030 Development Standards and Guidelines for Commercial Zoning Districts

20.10.010 Purpose of the Commercial Zoning Districts
A. Neighborhood Commer cial (C- N). The C -N zoning district provides areas for shoppin g c
enters and o ther commercial uses that serve the day- to-day needs of residential neighborhoods. The C-N districts shall have a minimum area of three acres and shall be located only where analysis of the residential population demonstrates that the facilities are justified.

B. Shopping Center Commercial (C -SC). The C -SC zoning district provides areas for grocery stores, supermarkets, and other retail establishments selling groceries to serve local residents as well as the larger regional market. The C-SC districts shall have a minimum area of five acres.

C. Regional/Central Commercial (C-C). The C-C zoning district provides areas for a diversity of commercial and residential land uses in the central business district and regional cent ers.

T
hese uses help to support a vibran t retail destination , provide jobs for residents, and accommodate commercial and service uses to meet the needs of community and regional businesses and residents.

D. Office Commercial (C -O). The C-O zoning district provides a location for a broad range of office uses including professional offices, business offices, medical offices , and regional or “back” offices. The C-O zoning district can also accommodate limited “accessory” restaurant, retail, and service uses that cater to the needs of on-site employees and visitors.

E. Thoroughfare Commercial (C-T). The C-T zoning district provides areas for auto-oriented commercial uses that accommodate the needs of people traveling on highways and local motorists. The C-T zoning district also accommodates large recreational facilities and heavy commercial uses that benefit from proximity to the highway.

F. General Commercial (C-G). The C-G zoning district provides areas for heavy commercial and light industrial uses that may impact neighboring uses and often require l arge parcels and benefit from separation from retail uses. The C-G districts are to be established in areas of four acres or larger.

G. Business Park (B -P). The B-P zoning district provides a location for employment -intensive uses within a n attractive campus-like setting. The B -P zoning district shall primarily allow “back” offices, research and development businesses but also limited commercial retail uses to serve e mployees in the area. The B -P zoning district shall have a minimum area of five acres.

ATTACHMENT H
60 CHAPTER 20.10 COMMERCIAL ZONING DISTRICTS

Page 22 ends

20.10.020 Land Use Regulations for Commercial Zoning Districts A. Permitted Uses. Table 20.10-1 identifies land uses permitted in commercial zoning districts.

TABLE 20.10-1 PERMITTED LAND USES IN THE COMMERCIAL ZONING DISTRICTS Key
P Permitted Use
M Minor Use Permit Required
SP Site Plan Review Permit Required
C Conditional Use Permit Required
X Use Not Allowed

Zoning District [1]

C-O C-N C-C C-SC C-T C-G B-P
Additional
Regulations
RESIDENTIAL USES[1]
Group/Transitional/Supportive Housing C C P C C[3] C[3] C Live/Work Units C C P [2] X X X C Sec. 20.44.080
Multiple-Family Dwellings C C P X X X C
Residential Care Facilities, Small (6 or Less) X X P [3] X X X X Residential Care Facilities, Large
(More than 6 residents) X X P [3] X X X X
Single-Room Occupancy X X P [3] X X X C Sec. 20.44.120

COMMUNITY USES
Community Assembly C C C X C C C
Community Garden SP SP SP SP X SP SP Sec. 20.44.050
Colleges and Trade Schools C C C SP[9] X C SP
Convalescent or Nursing Homes C C C X X X C
Cultural Institutions C C C X C C C
Day Care Centers (Children & Adults) M M M M X X M
Emergency Shelters X X C X C P C Sec.20.44.150
Government Offices P P P X P P P
Hospitals and Surgery Centers C C C C[9] C C C
Instructional Services P P P X X X P
Medical Offices and Clinics P P P P[9] X X P
Parks and Recreational Facilities SP SP SP X SP SP SP
Public Safety Facilities SP SP P C SP SP SP
Rehabilitation Centers P P [6] P[10] X X SP SP
Social Assistance Services C C C X SP P SP
61 CHAPTER 20.10 COMMERCIAL ZONING DISTRICTS
City of Merced Zoning Ordinance Page 23

Key
P Permitted Use
M Minor Use Permit Required
SP Site Plan Review Permit Required
C Conditional Use Permit Required
X Use Not Allowed

Zoning District [1]

C-O C-N C-C C-SC C-T C-G B-P
Additional
Regulations

COMMERCIAL USES
Alcoholic Beverage Sales [7] X P
[7][8] P [7] C [7]
[9] P [7] P [7] P [7] Sec.20.44.010
Bail Bond Businesses C X C [10] X C C C
Bars and Nightclubs X C C X C C C
Banks, Retail P P P P [9] SP SP P
Bed and Breakfast X X C X C C C Sec.20.44.030
Breweries, Distilleries, & Wineries X X P[19] X P[19] P[19] P[19] Building Supplies/Home Improvement X X C C[9] SP P P
Business Support Services X C M X P P P
Cardrooms [5] X X C [5] X C [5] C [5] X Chapter 9.08
Cemeteries and Mausoleums X X C X C P X
Check Cashing/Payday Loan Establishments C X C [10] X C C C Sec.20.44.040 Commercial Cannabis Businesses Refer to Table 20.44-1 in Section 20.44.170 Commercial Recreation, Indoor (Except Below) X SP SP SP[9] P SP SP Multi-Screen (6 or More) Movie Theaters X C P X C X SP
Commercial Recreation, Outdoor X X X SP [9] P C SP
Drive-Through and Drive-Up Sales C C SP SP [9] P P SP
Equipment Sales and Rental X X X X P P SP
Farmer’s Market C SP SP SP SP SP SP Sec.20.50.030B
Flea Market X X X X C C C
Funeral Parlors and Mortuaries C C C X C P C
Gas and Service Stations/Car Washes X C SP SP [9] P P P Sec.20.44.070 Hotels and Motels X X P X P C P
Hookah Lounges X C C X C C C
Kennels X X X X C P C
Maintenance and Repair Services X X X X P P P
Massage Establishments C [16] C [16] C [16] X C [16] C [16] C[16] Chapter 5.44 Massage Therapy—Sole Practitioner P[17] P[17] P[17] X C [16] C [16] C{16] Chapter 5.44 Mobile Food Vendors C C C C[9] SP
[11] SP SP Sec. 5.54 &

20.44.020
Mobile Home Sales X X X X P P SP
Office, Professional P P P SP [9] SP SP P
62 CHAPTER 20.10 COMMERCIAL ZONING DISTRICTS

Page 24 ends

Key
P Permitted Use
M Minor Use Permit Required
SP Site Plan Review Permit Required
C Conditional Use Permit Required
X Use Not Allowed

Zoning District [1]

C-O C-N C-C C-SC C-T C-G B-P
Additional
Regulations
COMMERCIAL USES (Continued)
Pawn Shops X X C [10] X X P X
Personal Services P P P P [9] M M M
Retail, General SP[12] P P P [9] P P P
Restaurants C [13] P [8] P P [9] P M P
Tattoo Parlors X SP M X M M M
Tobacco Retailers [18] X P [18] P [18] P [18] P [18] P [18] P [18] Sec.20.44.160 Vehicle Parts and Accessories Sales X P P P[9] P P SP
Vehicle Rentals X X M X P P SP
Vehicle Repair and Maintenance, Major X X X X C P SP
Vehicle Repair and Maintenance, Minor X SP P X P P P
Vehicle Sales X X P [10]
[14] X P P P

INDUSTRIAL USES
Manufacturing and Processing, General X X X X X M SP
Manufacturing and Processing, Light X X X X X P SP
Research and Development C X C X SP SP P
Warehousing, Wholesaling, and Distribution X X SP[15] X P P SP Wrecking & Salvage Establishments X X X X C C X Sec.20.44.140

TRANSPORTATION, COMMUNICATION, AND UTILITY USES
Airports X X X X C C C
Freight Terminals X X X X C C C
Heliports C X C X C C C
Parking Facilities P P P P[9] P P P
Public/Mini Storage X X X X M M SP
Recycling Collection Facilities Sec.20.44.090
Reverse Vending Machines P P P M[9] P P P
Small Collection Facilities SP SP SP SP[9] SP SP SP
Large Collection Facilities X X X X C C C
Utilities, Major C C C X C C C
Utilities, Minor P P P P[9] P P P
Wireless Communications Facilities See Chapter 20.58

63 CHAPTER 20.10 COMMERCIAL ZONING DISTRICTS
City of Merced Zoning Ordinance Page 25

Notes:
[1] A Minor Use Permit may be required per Chapter 20.32 (Interface Regulatio ns) regardless of the uses shown in Table 20.10-1 Allowed Residential densities are as follows: a) 12.1 to 24.0 units/gross acre in the C- O, C-N, C-SC, C-T, C-G, and B-P Districts, but can be approved up to

36.0 units/gross acre with a Conditional Use Permit; and b) 12.1 to 36.0 units/gross acre in the C-C District but can be approved up to 200 units/gross acre for multi -story buildings over 5 stories with a Conditional Use Permit.
[2] Residential use on the ground floor is prohibited unless it is located on the back of the property where it is not visible or approved with a Conditional Use Permit. [3] Allowed only for converted hotels or motels.
[4] Use shall not exceed 20,000 square feet.
[5] 24 hour operations limited to C-T and C-C zones per Chapter 9.08 (Gaming). [6] Rehabilitation centers for drug, methadone, and alcohol are prohibited. [7] A Conditional Use Permit is required for establishments smaller than 20,000 square feet. [8] A Site Plan Review Permit is required for alcoholic beverage sales for on-site consumption. [9] Permitted only as part of a shopping center or other retail establishment with a minimum of 8,000 square feet of floor area devoted to the sale of groceries. [10] Prohibited in the City Center area between 19th and 16th Streets an d O Street and Martin Luther King, Jr. Way, including properties fronting on either side of each of the above streets, except vehicle sales showrooms can be allowed.
[11] Includes refreshment stands.
[12] Permitted only as an ancillary use to serve empl oyees, not to occupy more than 5,000 square feet.
[13] Conditional Use Permit required unless the use is ancillary to a principal permitted use. For restaurants, Conditional Use Permit is required unless the uses are conducted in and entered from within t he building with no outside advertising.
[14] A Site Plan Review Permit is required for used vehicle sales. [15] Temporary w arehousing and storage only is allowed per the requirements of Section 20.10.030(D).
[16] Provided that a massage establishment permit has not been revoked at that location within 12 months of the application for a conditional use permit and a massage establishment permit is obtained pursuant to Chapter 5.44.
[17] Must have valid certificate from State of California as a massage thera pist or massage practitioner pursuant to the Massage Therapy Act (Business and Professions Code Section 4600 et seq.).
[18] Prohibited within 1,000 feet of schools and 600 feet of other uses per Sec. 20.44.160, unless building over 20,000 square feet or exemption granted per Sec. 20.44.160. [19] Provided that the business includes a full -service restaurant and the on -site sale of beer, liquor, or wine made by the same business either on-site or off-site.

64 ENVIRONMENTAL REVIEW #23-08
Revised
Mitigation Monitoring Program

MITIGATION MONITORING CONTENTS
This mitigation monitoring program includes a brief discussion of the legal basis and purpose of the mitigation monitoring program, a ke y to understanding the monitori ng matrix, a discussion of noncompliance complaints, and the mitigation monitoring matrix itself.

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EGAL BASIS AND PURPOSE OF THE MITIGATION MONITORING PROGRAM Public Resource Code (PRC) 21081.6 requires public agencies to adopt mitig ation monitoring or reporting programs whenever certifying an envir onmental impact report or mitigated negative declaration. This requirement facilitates implementation of all mitigation measures adopted through the California Environmental Quality Act (CEQA) process.

The City of Merced has adopted its own “Mitigation Monitoring and Reporting Program” (MMC

19.28). The City’s program was developed in accordance with the advisory publication, Tracking CEQA Mitigation Measures, from the Governor’s Office of Planning and Research.

As required by MMC 19.28.050, the following findings are made:
1) The requirements of the adopt ed mitigation monitoring progr am for the General Plan Amendment #23-02, Site Utilization Plan (SUP) Revision #3 to Planned Development (P-D) #12, Conditional Use Permit #1274, and Site Plan Review #516 shall r un with the real property. Successive owners, heirs, and assigns of this real property are bound to comply with all of the requirements of the adopted program.
2) Prior to any lease, sale, transfer, or conveyance of any portion of the subject real property, the applicant shall provide a copy of the adopted program to th e prospective lessee, buyer, transferee, or one to whom the conveyance is made.

M

ITIGATION MONITORING PROCEDURES
In most cases, mitigation measures can be monitored through the City’s construction plan approval/plan check process. When the approved project plans and specifications, with mitigation measures, are submitted to the C ity Development Services Department, a copy of the monitoring checklist will be attached to the submittal. Th e Mitigation Monitoring Checklist will be filled out upon project approval with mitigation measures requi red. As project plans and specifications are checked, compliance with each mitigation measure can be reviewed.

In instances where mitigation requires on-going monitoring, the Mitigation Monitoring Checklist will be used until monitoring is no longer necessary. The Development Services Department will be required to file periodic reports on how the im plementation of various mitigation measures is progressing or is being maintained. Department staff may be required to conduct periodic inspections to assure compliance. In some instances, outside agencies and/or consu ltants may be required to conduct necessary periodic inspecti ons as part of the mitigation monitoring program. Fees may be imposed per MMC 19.28.070 for the cost of implementing the monitoring program. 248

ATTACHMENT K
General Plan Amendment #23-02/Site Utilization Plan Revision #3 to P-D #12/Conditional Use Permit #1274/Site Plan Review #516
Initial Study #23-08
Mitigation Monitoring Program--Page 2

GENERAL PLAN MITIGATION MEASURES
As a second-tier environmental document, In itial Study #23-08 incorpor ates some mitigation measures adopted as part of the Merced Vision 2030 General Plan Program Environmental Impact Report (SCH# 2008071069), as mitigation for potential impacts of the Project.

NONCOMPLIANCE COMPLAINTS
Any person or agency may file a complaint asserting noncomplian ce with the mitigation measures associated with the project. The complaint shall be directed to the Director of Development Services in written form providing specific information on the asserted violati on. The Director of Development Services shall cause an investigation and determine the validity of the complaint. If noncompliance with a mitigation measure has occurred, the Director of Development Services shall cause appropriate actions to remedy any violat ion. The complainant shall receive written confirmation indicating the results of the inves tigation or the final ac tion corresponding to the particular noncompliance issue. Merced Municipal Code (MMC) Sections 19.28.080 and 19.28.090 outline the criminal penalties and civil and administrative remedies which may be incurred in the event of noncompliance. MMC 19.28.100 spells out the appeals procedures.

MONITORING MATRIX
The following pages provide a series of tables identifying the mitigation measures proposed specifically for General Plan Amendment #23-02, Si te Utilization Plan Revision #3 to Planned Development (P-D) #12, Conditional Use Permit #1274, and Site Plan Review #516. The columns within the tables are defined as follows:

Mitigation Measure: Describes the Mitigation M easure (referenced by number).

Timing: Identifies at what point in time or phase of the project that the mitigation measure will be completed.

Agency/Department This column references any public agency or City department with Consultation: which coordination is required to satisfy the identified mitigation measure.

Verification: These columns will be initialed an d dated by the individual designated to verify adherence to the project specific mitigation.

249
General Plan Amendment #23-02/Site Utilization Plan Revision #3 to P-D #12/Conditional Use Permit #1274/Site Plan Review #516 Initial Study #23-08
Mitigation Monitoring Program--Page 3

General Plan Amendment #23-02/Site Utilization Plan Revision #3 to Planned Development (P-D) #12/Conditional Use Permit #1274/
Site Plan Review Permit #516
Mitigation Monitoring Checklist

Project Name:__________________________________________________ File Number:___________________________________________________ _ Approval Date:_________________________________________________ Project Location Brief Project Description __________________________________________

The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been comp lied with and implemented, and fulfills th e City of Merced’s Mitigation Monitoring Requirements (MMC 19.28) with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6).

250
General Plan Amendment #23-02/Site Utilization Plan Revision #3 to P-D #12/Conditional Use Permit #1274/Site Plan Review #516 Initial Study #23-08
Mitigation Monitoring Program--Page 4

1) Greenhouse Gas Emissions
Impact Mitigation Measures Timing
Agency or
Department
City Verification
(date and initials)
a GHG- 1) Building Permit
Planning
Department

251
General Plan Amendment #23-02/Site Utilization Plan Revision #3 to P-D #12/Conditional Use Permit #1274/Site Plan Review #516 Initial Study #23-08
Mitigation Monitoring Program--Page 5

a
GHG-1) The project applicant sha ll demonstrate compliance with the applicable BPS strategies to the Planning Division
prior to the issuance of a building permit. The following BPS strategies are considered to be applicable, feasible, and effective in reducing GHG emissions generated by
the project:
 The project will provide a pedestrian access
network that internally links all uses and
connects to existing external streets and
pedestrian facilities. Existing facilities are
defined as those facilities that are physically
constructed and ready for use prior to the first
20% of the project's occupancy permits being
granted.
 Site design and building placement will
minimize barriers to pedestrian access and
interconnectivity. Physical barriers such as walls,
berms, landscaping, and slopes between
residential and nonresidential uses that impede
bicycle or pedestrian circulation will be
eliminated. Barriers to pedestrian access of
neighboring facilities and sites will be
minimized. This measure is not meant to prevent
the limited use of barriers to ensure public safety
by prohibiting access to hazardous areas. This
measure is not meant to prevent features needed
to securely operate a mini-storage facility.
 Merced Regional Transit System The Bus Route
Ml - Merced West - provides bus service with one-
half hour headways. A bus stop for Route Ml is
located at the Walmart store at Olive Avenue and
Building
Permit/Grading
Permit
Building /
Engineering
Departments

252
General Plan Amendment #23-02/Site Utilization Plan Revision #3 to P-D #12/Conditional Use Permit #1274/Site Plan Review #516 Initial Study #23-08
Mitigation Monitoring Program--Page 6

Loughborough Drive, directly south of the project
site. The project will provide safe and convenient
bicycle/pedestrian access to the bus stop and
provides essential transit stop improvements (i.e.,
shelters, route information, benches, and
lighting).The project applicant shall plant trees to
provide shade.
 The project will install light-colored/high/albedo
roof materials on the portion of the project
containing climate-c ontrolled units. Light-
colored/high/albedo roof materials reflect more of
the sun's rays, decreasi ng the amount of heat
transferred into a building.
 The project will provide shade (within 5 years)
and/or use light-colored/high-albedo materials
(reflectance of at least 0.3) and/or open grid
pavement for at least 30% of the site's non-roof
impervious surfaces, including parking lots,
walkways, plazas, etc.; OR use an open-grid
pavement system (less than 50% impervious) for
a minimum of 50% of the parking lot area.

Unshaded parking lot areas, driveways, fire
lanes, and other paved areas will have a
minimum albedo of 0.3 or greater.

b GHG-2) Implementation of Mitigation Measure of GHG-1.

253
General Plan Amendment #23-02/Site Utilization Plan Revision #3 to P-D #12/Conditional Use Permit #1274/Site Plan Review #516 Initial Study #23-08
Mitigation Monitoring Program--Page 7

Certificate of Completion:

By signing below, the environmental coordinator confirms that the required mitigation measures have been implemented as evidenc ed by the Schedule of Tasks and Sign-Off Checklist, and that all direct and indirect costs have been paid. This act constitutes the issuance of a Certificate of Completion.

______________________________________ ________________ Environmental Coordinator Date

254

ENVIRONMENTAL REVIEW #23-08
Revised
Mitigation Monitoring Program

MITIGATION MONITORING CONTENTS
This mitigation monitoring program includes a brief discussion of the legal basis and purpose of the mitigation monitoring program, a ke y to understanding the monitori ng matrix, a discussion of noncompliance complaints, and the mitigation monitoring matrix itself.

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EGAL BASIS AND PURPOSE OF THE MITIGATION MONITORING PROGRAM Public Resource Code (PRC) 21081.6 requires public agencies to adopt mitig ation monitoring or reporting programs whenever certifying an envir onmental impact report or mitigated negative declaration. This requirement facilitates implementation of all mitigation measures adopted through the California Environmental Quality Act (CEQA) process.

The City of Merced has adopted its own “Mitigation Monitoring and Reporting Program” (MMC

19.28). The City’s program was developed in accordance with the advisory publication, Tracking CEQA Mitigation Measures, from the Governor’s Office of Planning and Research.

As required by MMC 19.28.050, the following findings are made:
1) The requirements of the adopt ed mitigation monitoring progr am for the General Plan Amendment #23-02, Site Utilization Plan (SUP) Revision #3 to Planned Development (P-D) #12, Conditional Use Permit #1274, and Site Plan Review #516 shall r un with the real property. Successive owners, heirs, and assigns of this real property are bound to comply with all of the requirements of the adopted program.
2) Prior to any lease, sale, transfer, or conveyance of any portion of the subject real property, the applicant shall provide a copy of the adopted program to th e prospective lessee, buyer, transferee, or one to whom the conveyance is made.

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ITIGATION MONITORING PROCEDURES
In most cases, mitigation measures can be monitored through the City’s construction plan approval/plan check process. When the approved project plans and specifications, with mitigation measures, are submitted to the C ity Development Services Department, a copy of the monitoring checklist will be attached to the submittal. Th e Mitigation Monitoring Checklist will be filled out upon project approval with mitigation measures requi red. As project plans and specifications are checked, compliance with each mitigation measure can be reviewed.

In instances where mitigation requires on-going monitoring, the Mitigation Monitoring Checklist will be used until monitoring is no longer necessary. The Development Services Department will be required to file periodic reports on how the im plementation of various mitigation measures is progressing or is being maintained. Department staff may be required to conduct periodic inspections to assure compliance. In some instances, outside agencies and/or consu ltants may be required to conduct necessary periodic inspecti ons as part of the mitigation monitoring program. Fees may be imposed per MMC 19.28.070 for the cost of implementing the monitoring program.

ATTACHMENT K
255
General Plan Amendment #23-02/Site Utilization Plan Revision #3 to P-D #12/Conditional Use Permit #1274/Site Plan Review #516
Initial Study #23-08
Mitigation Monitoring Program--Page 2

GENERAL PLAN MITIGATION MEASURES
As a second-tier environmental document, In itial Study #23-08 incorpor ates some mitigation measures adopted as part of the Merced Vision 2030 General Plan Program Environmental Impact Report (SCH# 2008071069), as mitigation for potential impacts of the Project.

NONCOMPLIANCE COMPLAINTS
Any person or agency may file a complaint asserting noncomplian ce with the mitigation measures associated with the project. The complaint shall be directed to the Director of Development Services in written form providing specific information on the asserted violati on. The Director of Development Services shall cause an investigation and determine the validity of the complaint. If noncompliance with a mitigation measure has occurred, the Director of Development Services shall cause appropriate actions to remedy any violat ion. The complainant shall receive written confirmation indicating the results of the inves tigation or the final ac tion corresponding to the particular noncompliance issue. Merced Municipal Code (MMC) Sections 19.28.080 and 19.28.090 outline the criminal penalties and civil and administrative remedies which may be incurred in the event of noncompliance. MMC 19.28.100 spells out the appeals procedures.

MONITORING MATRIX
The following pages provide a series of tables identifying the mitigation measures proposed specifically for General Plan Amendment #23-02, Si te Utilization Plan Revision #3 to Planned Development (P-D) #12, Conditional Use Permit #1274, and Site Plan Review #516. The columns within the tables are defined as follows:

Mitigation Measure: Describes the Mitigation M easure (referenced by number).

Timing: Identifies at what point in time or phase of the project that the mitigation measure will be completed.

Agency/Department This column references any public agency or City department with Consultation: which coordination is required to satisfy the identified mitigation measure.

Verification: These columns will be initialed an d dated by the individual designated to verify adherence to the project specific mitigation.

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General Plan Amendment #23-02/Site Utilization Plan Revision #3 to P-D #12/Conditional Use Permit #1274/Site Plan Review #516 Initial Study #23-08
Mitigation Monitoring Program--Page 3

General Plan Amendment #23-02/Site Utilization Plan Revision #3 to Planned Development (P-D) #12/Conditional Use Permit #1274/
Site Plan Review Permit #516
Mitigation Monitoring Checklist

Project Name:__________________________________________________ File Number:___________________________________________________ _ Approval Date:_________________________________________________ Project Location Brief Project Description __________________________________________

The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been comp lied with and implemented, and fulfills th e City of Merced’s Mitigation Monitoring Requirements (MMC 19.28) with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6).

257
General Plan Amendment #23-02/Site Utilization Plan Revision #3 to P-D #12/Conditional Use Permit #1274/Site Plan Review #516 Initial Study #23-08
Mitigation Monitoring Program--Page 4

1) Greenhouse Gas Emissions
Impact Mitigation Measures Timing
Agency or
Department
City Verification
(date and initials)
a GHG- 1) Building Permit
Planning
Department

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General Plan Amendment #23-02/Site Utilization Plan Revision #3 to P-D #12/Conditional Use Permit #1274/Site Plan Review #516 Initial Study #23-08
Mitigation Monitoring Program--Page 5

a
GHG-1) The project applicant sha ll demonstrate compliance with the applicable BPS strategies to the Planning Division
prior to the issuance of a building permit. The following BPS strategies are considered to be applicable, feasible, and effective in reducing GHG emissions generated by
the project:
 The project will provide a pedestrian access
network that internally links all uses and
connects to existing external streets and
pedestrian facilities. Existing facilities are
defined as those facilities that are physically
constructed and ready for use prior to the first
20% of the project's occupancy permits being
granted.
 Site design and building placement will
minimize barriers to pedestrian access and
interconnectivity. Physical barriers such as walls,
berms, landscaping, and slopes between
residential and nonresidential uses that impede
bicycle or pedestrian circulation will be
eliminated. Barriers to pedestrian access of
neighboring facilities and sites will be
minimized. This measure is not meant to prevent
the limited use of barriers to ensure public safety
by prohibiting access to hazardous areas. This
measure is not meant to prevent features needed
to securely operate a mini-storage facility.
 Merced Regional Transit System The Bus Route
Ml - Merced West - provides bus service with one-
half hour headways. A bus stop for Route Ml is
located at the Walmart store at Olive Avenue and
Building
Permit/Grading
Permit
Building /
Engineering
Departments

259
General Plan Amendment #23-02/Site Utilization Plan Revision #3 to P-D #12/Conditional Use Permit #1274/Site Plan Review #516 Initial Study #23-08
Mitigation Monitoring Program--Page 6

Loughborough Drive, directly south of the project
site. The project will provide safe and convenient
bicycle/pedestrian access to the bus stop and
provides essential transit stop improvements (i.e.,
shelters, route information, benches, and
lighting).The project applicant shall plant trees to
provide shade.
 The project will install light-colored/high/albedo
roof materials on the portion of the project
containing climate-c ontrolled units. Light-
colored/high/albedo roof materials reflect more of
the sun's rays, decreasi ng the amount of heat
transferred into a building.
 The project will provide shade (within 5 years)
and/or use light-colored/high-albedo materials
(reflectance of at least 0.3) and/or open grid
pavement for at least 30% of the site's non-roof
impervious surfaces, including parking lots,
walkways, plazas, etc.; OR use an open-grid
pavement system (less than 50% impervious) for
a minimum of 50% of the parking lot area.

Unshaded parking lot areas, driveways, fire
lanes, and other paved areas will have a
minimum albedo of 0.3 or greater.

b GHG-2) Implementation of Mitigation Measure of GHG-1.

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General Plan Amendment #23-02/Site Utilization Plan Revision #3 to P-D #12/Conditional Use Permit #1274/Site Plan Review #516 Initial Study #23-08
Mitigation Monitoring Program--Page 7

Certificate of Completion:

By signing below, the environmental coordinator confirms that the required mitigation measures have been implemented as evidenc ed by the Schedule of Tasks and Sign-Off Checklist, and that all direct and indirect costs have been paid. This act constitutes the issuance of a Certificate of Completion.

______________________________________ ________________ Environmental Coordinator Date

261
GPA #23-02/
SUP REV #3 (P-D #12)/
CUP #1274/SP #516
MERCED SECURITY STORAGE, INC.

NEW SELF-STORAGE & LONG TERM RV/BOAT PARKING
1965 W OLIVE AVENUE

ATTACHMENT L
262

CITY-SCALE CONTEXT
263
Project
Site
264

BACKGROUND
• SUBJECT SITE (6 AC) ANNEXED INTO THE CITY IN 1970 AS PART OF FAHRENS CREEK ANNEXATION WHICH INCORPORATED 576 ACRES INTO CITY LIMITS.
• THE SUBJECT SITE HAS REMAINED VACANT FOR MAIN DECADES • ONE OF THE CHALLENGES DEVELOPING THIS SITE HAS BEEN THAT THE

SITE HAS BEEN IN A FLOODWAY
• THE PROPOSED BOAT AND RV PARKING WITHIN THE FLOODWAY DO

NOT REQUIRE BUILDINGS MAKING IT A QUALIFYING USE WITHIN THE

FLOODWAY (PENDING HYDROLOGIST REVIEW OF FENCING)
265
Office
Commercial
(C-O)
Light Industrial
(I-L)
Low Density
Residential
(R-1-6)
• Office Commercial
acts as buffer
between Industrial
and Residential
Zones
• General Plan
Change from
Office Commercial
to Business Park
266

ENTITLEMENTS
• GENERAL PLAN AMENDMENT #23-02 FROM COMMERCIAL OFFICE
(CO) TO BUSINESS PARK (BP) – RECOMMENDATION TO CITY COUNCIL • SITE UTILIZATION PLAN REVISION #3 TO PLANNED DEVELOPMENT #12 WOULD CHANGE THE LAND USE DESIGNATION FROM

COMMERCIAL OFFICE TO SELF-STORAGE AND LONG TERM PARKING (BOAT AND RV) – RECOMMENDATION TO CITY COUNCIL
• CONDITIONAL USE PERMIT #1274 TO ALLOW A LIVE-WORK UNIT FOR ONSITE MANAGER OF SELF-STORAGE – ACTION BY PLANNING

COMMISSION
• SITE PLAN REVIEW PERMIT #516 TO ALLOW 440 STORAGE UNITS AND 171 LONG TERM PARKING SPACES – ACTION BY PLANNING

COMMISSION
267
6 AC
1,404 ft
189 ft
268

FEMA MAP
• Floodway development
(structures or fencing) will
require a No Rise Certificate
from a licensed Hydrologist
• There is a possibility that no
structures may be allowed
within this area (2/3 of site)
269

STREET VIEW
• Existing wood fence between project site and residential to the East • Existing public improvements does not have street trees, streetlights, etc. • Street corner ramp and sidewalk may need to be redone to comply with current ADA standards
270

PROPOSAL
271
• Vehicle access from Olive Avenue
• 440 Storage Units
• 171+RV & Boat long-term
parking spaces
Olive Avenue
272
Office
Gate
CMU backwall at
property line
Drive Aisle

26.5 feet wide
Drive Aisle
30 feet wide
273

STORAGE BREAKDOWN
274

RV AND BOAT PARKING
Drive Aisle
40 feet wide
Drive Aisle
45 feet wide
Wrought Iron Fence
*Driving aisles would be
made out of paved surface.

Parking areas would be
made of gravel or similar
surface
171 parking stalls
(10’x28’-12’x58’)
Long-term parking for
Boat & Recreational Vehicles 275

ELEVATIONS
North Elevation
East Elevation
South Elevation
West Elevation
Building Details: Office = 23-ft. tall (top of roof ), stucco and stone veneer finish) 276

ELEVATIONS
North Elevation
East Elevation
South Elevation
West Elevation
Building Details: Storage Bldgs. = 12-ft. tall (top of roof ), metal garage doors, and backside finished concrete masonry unit walls.
277

ELEVATIONS
East elevation between subject site and residential. 12 ft tall CMU building wall. 278

ELEVATIONS
South elevation is most visible elevation from Olive Avenue. 13-15 ft tall.

CMU building wall, with ribbon accents and stone veneer accents 279

PLANNED DEVELOPMENT STANDARDS
280

AFFORDABILITY REQUIREMENTS
• IN 2022, CITY COUNCIL APPROVED RESOLUTION #2022-15
REGARDING 12.5% AFFORDABILITY HOUSING FOR NEW SINGLE-

FAMILY RESIDENTIAL PROJECTS IF THEY REQUIRE A LEGISLATIVE

ACTION AGREEMENT (DUE TO ANNEXATION, GPA, SUP REVISION, ZONE CHANGE, ETC.) AND IF THE HOUSING THE PROJECT EXCEEDS OVER 60 UNITS.
• THIS PROJECT WILL NOT BE REQUIRED TO PROVIDE AFFORDABLE

UNITS, EVEN THOUGH IT REQUIRES A LEGISLATIVE ACTION
AGREEMENT IT IS UNDER 60 UNITS (AT 1 UNIT).
281

NEIGHBORHOOD IMPACT
• THERE MAY BE SOME VIBRATION AND NOISE DURING CONSTRUCTION. • 12-FOOT-TALL BLOCK BUILDING WALL BETWEEN SUBJECT SITE AND

RESIDENTIAL WOULD REDUCE IMPACTS REGARDING NOISE AND

LIGHTING (ALSO REQUIRED LIGHTING TO BE SHIELDED) AND SHIELD STORAGE BUILDINGS.
• TRAFFIC STUDY INDICATED THAT THIS WOULD BE A “LOW IMPACT USE”

BASED ON THRESHOLDS IDENTIFIED BY THE STATE OFFICE OF PLANNING AND RESEARCH, WITH 74 TRIPS PER DAY FALLING BELOW 110 DAILY TRIPS PER DAY. THIS IS CONSIDERED A “SMALL PROJECT” EXEMPT FROM

VMT AND WOULD EXPECT REDUCED IMPACTS ON ADJACENT
RESIDENTIAL.
• CONDITION INCLUDED TO LIMIT HOURS OF OPERATION BETWEEN 7 A.M.

AND 10 P.M. (CONDITION #28)
• PUBLIC HEARING NOTICES WERE MAILED TO ADJACENT PROPERTY OWNERS 3 WEEKS PRIOR TO THIS MEETING. STAFF DID NOT RECEIVE ANY COMMENTS FROM THE PUBLIC.
282

MINI STORAGE NEXT TO RESIDENTIAL
Central Self
Storage
Simply Space
283

CONDITIONS
• CONDITION #20: DRIVING AISLES SHALL BE DESIGNED TO MEET ALL FIRE DEPARTMENT REQUIREMENTS (INCLUDING TURNING RADIUS).
• CONDITION #26: PARKING LOT LIGHTS AND BUILDING LIGHTS SHALL BE SHIELDED TO NOT “SPILL OVER” ONTO ADJACENT PARCELS.
• CONDITION #28: SELF-STORAGE/BOAT & RV PARKING MAY OPERATE DAILY BETWEEN 7 A.M. AND 10 P.M. ONLY.
• CONDITION #29: DWELLING NOT ALLOWED WITHIN STORAGE FACILITY OR WITHIN BOATS/RV.
• CONDITION #31: THE PROPOSAL SHALL COMPLY WITH MITIGATION

MONITORING TABLE AT ATTACHMENT K (REGARDING BEST PRACTICES TO

REDUCE GREENHOUSE GAS EMISSIONS)
• CONDITION #32: CUP AND SPR CONTINGENT UPON CITY COUNCIL APPROVAL OF GPA AND SUP REV.
284

CONDITIONS (ENGINEERING)
• CONDITION #12: APPLICATION SHALL WORK WITH LICENSED
HYDROLOGIST TO DETERMINE IF A “NO RISE CERTIFICATE” CAN BE ISSUED FOR FENCING WITHIN FLOODWAY AREA.
• CONDITION #14: DEVELOPER AND THEIR TRAFFIC ENGINEER SHALL

WORK WITH ENGINEERING STAFF TO DETERMINE VEHICLE STACKING

DISTANCE SO VEHICLES DO NOT BACK-UP ONTO OLIVE AVENUE (THIS MAY REQUIRE MINOR MODIFICATIONS TO SITE PLAN).
• CONDITION #34: THE APPLICANT SHALL WORK WITH CITY ENGINEER TO DETERMINE IF TRAFFIC SIGNAL TIMING AT OLIVE AVE./SANTA FE DR. & HWY 59 NEEDS TO BE OPTIMIZED.
285

RECOMMEND TO CITY COUNCIL
• APPROVE/DISAPPROVE/MODIFY:
• ENVIRONMENTAL REVIEW #23-08 (MITIGATED NEGATIVE

DECLARATION)
• GENERAL PLAN AMENDMENT (GPA) #23-02
• SITE UTILIZATION PLAN REVISION (SUP REV) #3 TO P-D #12 286

DIRECT ACTION
• APPROVAL/DISAPPROVE/MODIFY:
• ENVIRONMENTAL REVIEW #23-08 (MITIGATED

NEGATIVE DECLARATION)
• CONDITIONAL USE PERMIT (CUP)#1274
• SITE PLAN REVIEW PERMIT #516
• (APPROVALS WOULD BE CONTINGENT UPON CC
APPROVAL OF GPA, AND SUPR #3 TO P-D #12)
287
QUESTIONS? COMMENTS? CONCERNS?
288

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