City Council Chamber
Merced Civic Center
678 W. 18th Street
Merced, CA 95340
CITY OF MERCED
Minutes
Planning Commission
6:00 PMWednesday, April 17, 2024
A. CALL TO ORDER
Chairperson HARRIS called the Regular Meeting to order at 6:00 PM.
A.1. Moment of Silence
A.2. Pledge of Allegiance to the Flag
Commissioner SMITH led the Pledge of Allegiance to the Flag.
B. ROLL CALL
Chairperson Michael Harris, Member Jose Delgadillo, Vice Chair Mary Camper, Member Anthony Gonzalez, Member Yang Pao Thao, Member Walter Smith, and Member Emanuelle Ochoa
Present: 7 -
Absent: 0
C. ORAL COMMUNICATIONS
There were no public comments.
D. CONSENT CALENDAR
D.1 SUBJECT: Planning Commission Minutes of April 3, 2024 ACTION:
Approving and filing the Planning Commission Minutes of April 3, 2024 A motion was made by Member Gonzalez, seconded by Member Thao and carried by the following vote, to approve the Consent Agenda.
Aye: Chairperson Harris
Member Delgadillo
Vice Chair Camper
Member Gonzalez
Member Pao Thao
Member Smith
Member Ochoa
7 -
No: 0
Absent: 0
April 17, 2024Planning Commission Minutes
D.2 SUBJECT: Accept the Modified Resolution Recommending Denial to the City Council for General Plan Amendment # 23-05, Zone Change #434, and Establishment of Planned Development (P-D) #81, and Adopt a Resolution of Denial for Conditional Use Permit # 1276, Site Plan Review Permit #538, and Minor Use Permit #24-02.
ACTION
PLANNING COMMISSION:
Accept the Modified Resolution Recommending Denial for:
1) Environmental Review #23-45 (Mitigated Negative
Declaration)
2) General Plan Amendment #23-05
3) Zone Change #434
4) Establishment of Planned Development (P-D) #81
Accept the Modified Resolution of Denial for:
1) Environmental Review #23-45 (Mitigated Negative
Declaration)
2) Conditional Use Permit #1276
3) Site Plan Review Permit #538
4) Minor Use Permit #24-02
CITY COUNCIL:
Approve/Disapprove/Modify:
1) Environmental Review #23-45 (Mitigated Negative
Declaration)
2) General Plan Amendment #23-05
3) Zone Change #434 (on appeal)
4) Establishment of Planned Development (P-D) #81
5) Conditional Use Permit #1276 (on appeal)
6) Site Plan Review Permit #538 (on appeal)
7) Minor Use Permit #24-02 (on appeal)
SUMMARY
On April 3, 2024, the Planning Commission held a public hearing and voted unanimously (7-0) to recommend denial to the City Council for General Plan Amendment # 23-05, Zone Change # 434, and Establishment of Planned Development (P-D) #81, and associated environmental review, and to deny Conditional Use Permit # 1276, Site Plan Review Permit # 538, Minor Use Permit # 24-02, and associated environmental review. Staff
April 17, 2024Planning Commission Minutes
modified the draft resolutions and findings, based on the reasons provided by the Planning Commission, and is asking the Planning Commission to accept the modified resolutions. The draft resolutions are attached for consideration and action at Attachments A and B.
RECOMMENDATION
Planning staff recommends accepting the modified resolution recommending denial to the City Council for General Plan Amendment #23-05, Zone Change # 434, and Establishment of Planned Development (P-D) #81, found at Attachment A of Staff Report # 24-339, subject to modified Findings as described in the Planning Commission Resolution at Attachment A. Planning staff also recommends accepting the modified Resolution of Denial for Conditional Use Permit # 1276, Site Plan Review Permit # 538, and Minor Use Permit # 24-02 found at Attachment A of Staff Report # 24-339, subject to the modified Findings as described in the Planning Commission Resolution at Attachment B.
E. PUBLIC HEARINGS AND ACTION ITEMS
E.1 SUBJECT: Conditional Use Permit #1275, initiated by Marina Ochoa on behalf of Any Merced, Inc., property owner. This application involves a request to operate a food truck within the Gas N Save parking lot, generally located on the northeast corner of 16th Street and Q Street (963 W. 16th Street), within a Central Commercial (C-C) Zone. *PUBLIC HEARING*
ACTION: Approve/Disapprove/Modify
1) Environmental Review #24-02 (Categorical
Exemption)
2) Conditional Use Permit #1275
SUMMARY
Marina Ochoa is requesting approval to operate a food truck within the Gas N’ Save parking lot located at 963 W. 16th Street (Attachment B). The food truck would be located at the northeast corner of the parcel, along the adjacent alley (Attachment C). Per Merced Municipal Code Land Use Table 20.10-1 - Permitted Land Uses in the Commercial Zoning Districts, Mobile Food Vendors are considered a conditional use within a Central Commercial (C-C) Zone, outside of the “City Center” area. The Planning Commission will be reviewing this proposal to ensure that the food truck is operated in a manner that minimizes negative impacts to the existing site and promotes compatible and orderly development. Staff is recommending approval of this request subject to conditions.
RECOMMENDATION
April 17, 2024Planning Commission Minutes
Planning staff recommends that the Planning Commission approve Environmental Review #24-02 (Categorical Exemption) and Conditional Use Permit #1275 subject to the conditions in Exhibit A and the findings/considerations in Exhibit B of Draft Resolution #4133 (Attachment A).
Principal Planner LAN reviewed the report on this item. For further information, refer to Staff Report #24-324.
There was no on present wishing to speak regarding the project; therefore, public testimony was opened and closed at 6:12 PM.
A motion was made by Vice Chair Camper, seconded by Member Delgadillo and carried by the following vote, to adopt a Categorical Exemption regarding Environmental Review #24-02, and approve Conditional Use Permit #1275, subject to the Findings and twenty-five (25) Conditions set forth in Staff Report #24-324 (RESOLUTION #4133).
Aye: Chairperson Harris
Member Delgadillo
Vice Chair Camper
Member Gonzalez
Member Pao Thao
Member Smith
Member Ochoa
7 -
No: 0
Absent: 0
F. INFORMATION ITEMS
F.1 SUBJECT: Report by Temporary Director of Development Services of Upcoming Agenda Items
ACTION
Information only.
Temporary Director of Development Services ESPINOSA went over items for the next several Planning Commission meetings.
F.2 SUBJECT: Calendar of Meetings/Events
Apr. 15 City Council, 6:00 p.m.
17 Planning Commission, 6:00 p.m.
23 Bicycle and Pedestrian Advisory Committee, 4:00 p.m
May 6 City Council, 6:00 p.m.
8 Planning Commission, 6:00 p.m.
20 City Council, 6:00 p.m.
22 Planning Commission, 6:00 p.m.
April 17, 2024Planning Commission Minutes
Jun. 3 City Council, 6:00 p.m.
5 Planning Commission, 6:00 p.m.
17 City Council, 6:00 p.m.
20 Planning Commission, 6:00 p.m. (Thurs.) (To be
Cancelled)
25 Bicycle and Pedestrian Advisory Committee, 4:00 p.m.
G. ADJOURNMENT
Clerk's Note: The Regular Meeting adjourned at 6:17 PM.
A motion was made by Member Ochoa, seconded by Member Gonzalez and carried by the following vote, to adjourn the Regular Meeting.
Aye: Chairperson Harris
Member Delgadillo
Vice Chair Camper
Member Gonzalez
Member Pao Thao
Member Smith
Member Ochoa
7 -
No: 0
Absent: 0