RESOLUTION NO. 2025-.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA,
DENYING THE APPEAL OF THE MERCED
PLANNING COMMISSION DENIAL OF
VESTING TENTATIVE MAP #1332, SITE PLAN
REVIEW PERMIT #551, AND MINOR USE
PERMIT #24-13
WHEREAS, Eric Gonsalves on behalf of Yosemite LLC, the property owner, applied for Vesting Tentative Map #1332, Site Plan Review Permit #551, and Minor Use Permit #24-13. The Minor Use Permit was for interface review to allow commercial development adjacent to Low Density Residential (R-1-6) Zone.
The Site Plan Review Permit was to allow the development of a self-storage facility with approximately 500 storage units. The Vesting Tentative Subdivision Map was to divide the self-storage from the residential lots and create 41, single- family, residential lots at 1380 E Yosemite Avenue and 3595 Parsons Avenue also known as Merced County Assessor's parcel number 006-050-068 and 006-050- 072; and,
WHEREAS, the Merced City Planning Commission held a public hearing regarding this matter on March 19, 2025. At this meeting the commission voted to continue this matter to the Planning Commission meeting of April 9, 2025, to allow for additional time to review the project and documents.
WHEREAS, at their meeting on April 9, 2025, the Merced City Planning Commission adopted a motion of intent to deny Vesting Tentative Subdivision Map #1332, Site Plan Review Permit #551 and Minor Use Permit #24-13, and directed staff to prepare Findings for Denial; and,
WHEREAS, on May 7, 2025, the Merced Planning Commission denied Vesting Tentative Map #1332, Site Plan Review Permit #551 and Minor Use Permit #24-13, finding that the proposed was incompatible with the surrounding uses and General Plan and that the proposed did not met the requisite findings under Findings/Considerations A through H of the May 7, 2025, Staff Report #25- 263; and
WHEREAS, the Merced Planning Commission in making its denial determination, considered all evidence contained in the record, including a report X:\Resolutions\2025\Planning\Denying the Appeal VTSM #1332.docx and presentation prepared by City Staff, City's Draft Environmental Review #24- 25, proposed conditions of approvals, required Merced Municipal Code findings, and oral and written public comments, as well as testimony from Eric Gonsalves, the applicant; and
WHEREAS, Eric Gonsalves, applicant, appealed the Merced Planning Commission's denial of Vesting Tentative Map #1332, Site Plan Review #551 and Minor Use Permit #24-13; and
WHEREAS, on July 7, 2025, the Merced City Council held an appeal of Vesting Tentative Map #1332, Site Plan Review #551 and Minor Use Permit #24-13, considered all evidence in the record of Vesting Tentative Map #1332, Site Plan Review #551 and Minor Use Permit #24-13 and took additional testimony from all interested parties on the proposed pursuant to Merced Municipal Code Chapter 20.74 ("Appeal record"); and
WHEREAS, the Merced City Council after thorough consideration and evaluation of the Appeal Record, finds that there is substantial evidence in the Appeal Record to affirm the Merced Planning Commission's denial of Vesting Tentative Map #1332, Site Plan Review #551 and Minor Use Permit #24-13.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MERCED
DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS
FOLLOWS:
SECTION 1. That the City Council of the City of Merced based on the Appeal Record hereby denies the appeal of Eric Gonsalves, and affirms the Merced Planning Commission's denial of Vesting Tentative Map #1332, Site Plan Review #551 and Minor Use Permit #24-13.
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X: \Resolutions|2025\Planning|Denying the Appeal VTSM #1332.docx 2 PASSED AND ADOPTED by the City Council of the City of Merced at a regular meeting held on the day of 202_ by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
APPROVED:
MATTHEW SERRATTO, MAYOR
Mayor
ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:
Assistant/Deputy City Clerk
(SEAL)
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
Coumell 6/24/2025
City Attorney
X: Resolutions|2025\Planning\Denying the Appeal VTSM #1332.docx 3