Planning Commission
City Council Chamber, 2nd Floor, Merced Civic Center, 678 W. 18th Street, Merced, CA 95340
Agenda — 24 items
- 1 NOTICE TO PUBLIC
- 2 WELCOME TO THE MEETING OF THE MERCED PLANNING COMMISSION
- 3 At least 72 hours prior to each regular Planning Commission meeting, a complete agenda packet is available for review on the City's website at www.cityofmerced.org or at the Planning Division Office, 678 W. 18th Street, Merced, CA 95340. All public records relating to an open session item that are distributed to a majority of the Commission will be available for public inspection at the Planning Division Office during regular business hours. The Planning Commission also serves as the Board of Zoning Adjustment and the Design Review/Historic Preservation Commission. Assisted hearing devices are available for meetings held in the Council Chamber.
- 4 PUBLIC COMMENT: OBTAIN SPEAKER CARD FROM THE CLERK
- 5 Members of the audience who wish to address the Planning Commission are requested to complete a speaker card available at the podium against the right-hand side of the Council Chamber. Please submit the completed card to the Clerk before the item is called, preferably before the meeting begins. Speakers will be called up, 3 to 5 at a time, in the order in which the forms are received. Please use the microphone and state your name and city of residence for the record. For permits, licenses, and other entitlements, the applicant will be allowed 15 minutes (including rebuttal), the appellant/leader of the opposition will be allowed 15 minutes (including rebuttal), and all other speakers shall have 3 minutes each, unless the number of speakers is over 10, which in that case, comments shall be limited to 2 minutes each. For all other issues, for 3 or less speakers, 3 minutes each and for over 10 speakers, 2 minutes each shall be allotted. A timer clock is located above the City Council dais illuminating the remaining time. Once the buzzer sounds, please be courteous and conclude your remarks. Material may be emailed to planningweb@cityofmerced.org no later than 1 PM on the day of the meeting. Please specify which portion of the agenda you are commenting on, for example, Item # or Oral Communications. Your comments will be presented to the Planning Commission at the appropriate time. Any correspondence received after 1 PM will be distributed to the Planning Commission and retained for the official record.
- A. CALL TO ORDER
- A.1. Moment of Silence
- A.2. Pledge of Allegiance to the Flag
- B. ROLL CALL
- C. PUBLIC COMMENT
- 11 Members of the public who wish to speak on any matter not listed on the agenda may speak during this portion of the meeting and will be allotted 3 minutes. The Chairperson may, at their discretion, reduce the time to 2 minutes if there are more than 10 speakers, in order to accommodate as many speakers as possible. State law prohibits the Planning Commission from acting at this meeting on any matter raised during the public comment period. Members of the public who wish to speak on a matter that is listed on the agenda will be called upon to speak during discussion of that item. Please submit a Request to Speak card prior to the item being called.
- D. CONSENT CALENDAR
- 13 Adoption of the Consent Calendar may be made with one motion of the Planning Commission provided that any Planning Commission member, individual, or organization may request removal of an item from the Consent Calendar for separate consideration. If a request for removal of an item from the Consent Calendar has been received, the item will be discussed and voted on separately. With Consent items, there is generally no staff presentation but staff is available for questions.
- D.1 SUBJECT: Planning Commission Minutes of August 7, 2024 ACTION: Approving and filing the Planning Commission Minutes of August 7, 2024
- E. PUBLIC HEARINGS AND ACTION ITEMS
- 16 Members of the public who wish to speak on public hearings listed on the agenda will be heard when the Public Hearing is opened, except on Public Hearing items previously heard and closed to public comment. After the public has commented, the item is closed to further public comment and brought to the Commission for discussion and action. Further comment will not be received unless requested by the Commission.
- E.1 SUBJECT: Conditional Use Permit #1279 and Minor Use Permit #24-11, initiated by Darren Warren, on behalf of Jose Ramirez, California, property owner. This application involves a request to develop two four-plex units on a 15,000-square-foot lot at 1250 W. 9th Street. This lot would subsequently be split in two so that each lot has one four-plex. A Minor Use Permit is required to deviate from the City’s Specific Design Standards for Multi-Family Dwellings, and for interface review to allow the development of a commercial lot adjacent to or across from a Low Density Residential (R-1-6) Zone. The subject site is generally located on the south side of 9th Street, approximately 120 feet east of T Street. The site has a General Plan designation of Neighborhood Commercial (CN) and is zoned Neighborhood Commercial (C-N). *PUBLIC HEARING* ACTION: Approve/Disapprove/Modify 1) Environmental Review #24-20 (Categorical Exemption) 2) Conditional Use Permit #1279 3) Minor Use Permit #24-11 SUMMARY The subject site consists of 0.34 acres located in south central Merced at 1250 W. 9th Street (Attachment B). The applicant, Darren Warren, is requesting approval to construct two four-plex units on a 15,000-square-foot lot. This lot would subsequently be split in two so that each parcel has one fur-plex. The subject site is within a Neighborhood Commercial (C-N) Zone, which requires a conditional use permit for residential dwellings per the land use table at Merced Municipal Code 20.10.020 - Land Use Regulations for Commercial Zoning Districts. The subject site also requires a Minor Use Permit for Interface Review, as required for high impact projects adjacent to, or across from, low impact zones (Merced Municipal Code Section 20.32 - Interface Regulations). In this case, Interface Review is required as the developer is proposing to develop within a Neighborhood Commercial Zone that is adjacent to a Low -Density Residential Zone west of the subject site. Planning staff has reviewed the proposal and is recommending approval subject to the conditions found within this report. RECOMMENDATION Planning staff recommends that the Planning Commission approve Environmental Review #24-20 (Categorical Exemption), Conditional Use Permit #1279, and Minor Use Permit #24-11, including the adoption of the Draft Resolution at Attachment A of Staff Report #24-768, subject to the conditions in Exhibit A and the findings/considerations in Exhibit B.
- E.2 SUBJECT: Zoning Ordinance Amendment #24-01, initiated by the City of Merced. This application involves changes to the Merced Zoning Ordinance (Title 20 of the Merced Municipal Code) which would amend Merced Municipal Code Section 20.44.170 (Regulation of Commercial Cannabis Activities - Commercial Cannabis Business Permit Required). This amendment would clarify the process to amend or provide supplemental application materials, clarify the responsibility of the applicant relative to meeting the requirements of the Selection Criteria, clarify the process to correct potential scoring errors, clarify the Qualified Commercial Cannabis Business Application List timelines and clarify the process if there is a failure for a business to meet the clarified timeline and various other amendments. *PUBLIC HEARING*. ACTION: PLANNING COMMISSION: Recommendation to City Council 1) Environmental Review #24-21 (Categorical Exemption) 2) Zoning Ordinance Amendment #24-01 CITY COUNCIL: Approve/Disapprove/Modify 1) Environmental Review #24-21 (Categorical Exemption) 2) Zoning Ordinance Amendment #24-01 SUMMARY The City is proposing modifications to the City’s current cannabis ordinance found under Merced Municipal Code Section 20.44.170 - Regulations of Commercial Cannabis Activities - Commercial Cannabis Business Permit Required. This ordinance amendment would clarify the process to amend or provide supplemental application materials, clarify the responsibility of the applicant relative to meeting the requirements of the Selection Criteria, clarify the process to correct potential scoring errors, clarify the Qualified Commercial Cannabis Business Application List timelines and clarify the process if there is a failure for a business to meet the clarified timeline and various other amendments. RECOMMENDATION Planning staff recommends that the Planning Commission recommend approval to the City Council of Environmental Review #24-21 (Categorical Exemption) and Zoning Ordinance Amendment #24-01 as outlined in Exhibit B of the Draft Resolution #4139, subject to the findings/considerations in Exhibit A of the Draft Resolution at Attachment A.
- E.3 SUBJECT: Election of Chairperson and Vice-Chairperson ACTION Election of Chairperson and Vice-Chairperson
- E.4 SUBJECT: Cancellation of September 4, 2024, Planning Commission Meeting due to a lack of items ACTION: Cancel the Planning Commission Meeting of September 4, 2024
- F. INFORMATION ITEMS
- F.1 SUBJECT: Report by Temporary Director of Development Services of Upcoming Agenda Items ACTION Information only.
- F.2 SUBJECT: Calendar of Meetings/Events Aug. 19 City Council, 6:00 p.m. 21 Planning Commission, 6:00 p.m. 27 Bicycle and Pedestrian Advisory Committee, 4:00 p.m. Sept. 3 City Council, 6:00 p.m. (Tuesday) 4 Planning Commission, 6:00 p.m. (To be Cancelled) 16 City Council, 6:00 p.m. 18 Planning Commission, 6:00 p.m. Oct. 7 City Council, 6:00 p.m. 9 Planning Commission, 6:00 p.m. 21 City Council, 6:00 p.m. 22 Bicycle and Pedestrian Advisory Committee, 4:00 p.m. 23 Planning Commission, 6:00 p.m.
- G. ADJOURNMENT