SUBJECT: Conditional Use Permit #1267, submitted by Ahmed Mosleh, on behalf of Sam and Sue Malaythong, property owners. This application involves a request for tobacco sales (for off-site consumption) at 235 W. 12th Street, Suite B, generally located on the north side of W. 12th Street, approximately 75 feet east of Martin Luther King Jr. Way, within a Zoning classification of General Commercial (C-G), with a General Plan Designation of General Commercial (CG). *PUBLIC HEARING* ACTION: Approve/Disapprove/Modify: 1) Environmental Review #22-43(Categorical Exemption) 2) Conditional Use Permit #1267 SUMMARY Ahmed Mosleh is requesting approval to operate a convenience market with tobacco sales for off-site consumption at 235 W. 12th Street, Suite B. The convenience market would be located within an approximately 525-square-foot suite. 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 Little Angels Park, a park, is located at 121 W. 11th Street. The primary use of a convenience market is principally permitted within the site’s Zoning classification of General Commercial (C-G), and General Plan designation of General Commercial (CG). However, tobacco sales requires conditional use permit approval as noted above. Staff is recommending approval of this application subject to conditions. RECOMMENDATION Planning staff recommends that the Planning Commission approve Environmental Review #22-43 [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

November 14, 2022

On agenda

December 7, 2022

Passed

December 7, 2022