SUBJECT: Conditional Use Permit #1265, submitted by Asem Almaamari, on behalf of Merced Home, LLC, property owner. This application involves a request for tobacco sales (for off-site consumption) for a new retail store at 900 Loughborough Drive, Suite D. The subject site is generally located on the south side of Loughborough Drive, approximately 850 feet east of R Street, within a Zoning classification of Planned Development (P-D) #1, with a General Plan Designation of Regional/Community Commercial (RC). *PUBLIC HEARING* ACTION: Approve/Disapprove/Modify Environmental Review #22-35(Categorical Exemption) Conditional Use Permit #1265 SUMMARY Asem Almaamari is requesting approval to operate a convenience market with tobacco sales for off-site consumption at 900 Loughborough Drive, Suite D. The convenience market would be located within an approximate 1,000-square-foot suite that is part of a larger building with other commercial tenants. 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 “At the Pier Arcade,” located within the Merced Mall. The primary use of a convenience market is principally permitted within the site’s Zoning classification of Planned Development (P-D) #1, and General Plan designation of Regional/Community Commercial, but the tobacco sales for off-site consumption requires conditional use permit approval from the Planning Commission. Staff is recommending approval of this application subject to conditions. RECOMMENDATION Planning staff recommends that the Planning Commission approve Environmental Review #22-35 [Categorical Exemption] including the adoption of the Draft Resolution at Attachment A subject to the conditions in Exhibit A and the findings/considerations in Exhibit B.

Committee

Planning Commission

Requested by

Development Services Department

Introduced

September 26, 2022

On agenda

October 19, 2022

Passed

October 19, 2022