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Planning Commission

July 3, 2024 ·6:00 PM Final

City Council Chamber, 2nd Floor, Merced Civic Center, 678 W. 18th Street, Merced, CA 95340

Agenda PDF 📹 Watch video Official record ↗

Agenda — 26 items

  1. 1 NOTICE TO PUBLIC
  2. 2 WELCOME TO THE MEETING OF THE MERCED PLANNING COMMISSION
  3. 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.
  4. 4 PUBLIC COMMENT: OBTAIN SPEAKER CARD FROM THE CLERK
  5. 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 5 minutes each, unless the number of speakers is over 3, which in that case, comments shall be limited to 3 minutes each. For all other issues, for 3 or less speakers, 5 minutes each and for over 3 speakers, 3 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 planning web.org and should be limited to 300 words or less. 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. You may provide telephonic comments via voicemail by calling (209) 388-7390 by no later than 1 PM on the day of the meeting to be added to the public comment. Voicemails will be limited to a time limit of one (1) minute. Please specify which portion of the agenda you are commenting on, for example, Item #, Consent item #, or Oral Communications. Your comments will be played during the Planning Commission meeting at the appropriate time.
  6. 6 INDIVIDUALS WITH DISABILITIES
  7. 7 Accommodation for individuals with disabilities may be arranged by contacting the Planning Division at (209) 385-6858. Assisted hearing devices are available for meetings held in the Council Chamber.
  8. A. CALL TO ORDER
  9. A.1. Moment of Silence
  10. A.2. Pledge of Allegiance to the Flag
  11. B. ROLL CALL
  12. C. ORAL COMMUNICATIONS
  13. 13 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 5 minutes. The Chairperson may, at their discretion, reduce the time to 3 minutes if there are more than 3 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.
  14. D. CONSENT CALENDAR
  15. 15 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.
  16. D.1 SUBJECT: Planning Commission Minutes of June 5, 2024 ACTION: Approving and filing the Planning Commission Minutes of June 5, 2024 24-676 approved Pass
  17. E. PUBLIC HEARINGS AND ACTION ITEMS
  18. 18 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.
  19. E.1 SUBJECT: Conditional Use Permit #1277, initiated by AT&T Mobility, on behalf of The Church of the Nazarene of Merced, California, property owner. This application involves a request to construct a 55-foot-tall wireless communication tower in the form of a stealth mono-pine tree at 1717 E. Olive Avenue, generally located at the northeast corner of E. Olive Avenue and Parsons Avenue, with a General Plan designation of Low Density Residential (LD), and a Zoning classification of (R-1-6) *PUBLIC HEARING* ACTION: Approve/Disapprove/Modify 1) Environmental Review #24-10 (Categorical Exemption) 2) Conditional Use Permit #1277 SUMMARY AT&T Mobility is requesting approval to construct a 55-foot-tall wireless communication tower in the form of a stealth mono-pine tree at 1717 E. Olive Avenue (Attachment D) within a Low Density Residential (R-1-6) Zone. The project is located at the northeast corner of E. Olive Avenue and Parsons Avenue within a developed lot occupied by the Bear Creek Community Church of the Nazarene. Per Merced Municipal Code Land Use Table 20.58-2 - Review Procedures for Support Towers for Wireless Communication Facilities, a site plan review is required for stealth facilities within an R-1 Zone that are over 140% of the maximum height allowed within this zone. However, as described in the background section of this report, because the Site Plan Review Committee is referring this request to the Planning Commission, the land use permit required is now a conditional use permit. Staff is recommending approval of this application subject to the conditions contained in the Staff Report. RECOMMENDATION Planning staff recommends that the Planning Commission approve Environmental Review #24-10 (Categorical Exemption), and Conditional Use Permit #1277, including the adoption of the Draft Resolution at Attachment A, subject to the conditions in Exhibit A and the findings/considerations in Exhibit B. 24-552 continued Pass
  20. E.2 SUBJECT: Conditional Use Permit #1278, initiated by Jammu & Kashmir, Inc., on behalf of Ethan Conrad, property owner. This application involves a request for alcohol sales for off-site consumption for a new convenience market at 663 Fairfield Drive, generally located 475 feet north of Fairfield Drive, approximately 450 feet east of M Street, with a General Plan designation of Regional/Community Commercial (RC), within a Zoning classification of Planned Development (P-D) #1. *PUBLIC HEARING* ACTION: Approve/Disapprove/Modify 1) Environmental Review #24-16 (Categorical Exemption) 2) Conditional Use Permit #1278 SUMMARY Jammu & Kashmir Inc., is requesting approval to sell beer, wine, and distilled spirits for off-site consumption (Type 21 Alcoholic Beverage Control License) for a new convenience market located at 663 Fairfield Drive. A conditional use permit is required to approve the sale of alcohol for off-site consumption for buildings under 20,000 square feet per Merced Municipal Code Section 20.44.010 - Alcoholic Beverage Sales for Off-Premises Consumption. Staff is recommending approval of this application subject to the conditions contained in the Staff Report. RECOMMENDATION Planning staff recommends that the Planning Commission approve Environmental Review #24-16 (Categorical Exemption), and Conditional Use Permit #1278, including the adoption of the Draft Resolution at Attachment A subject to the conditions in Exhibit A and the findings/considerations in Exhibit B. 24-614 approved Pass
  21. E.3 SUBJECT: Vesting Tentative Subdivision Map #1331, initiated by Anthony Sutter, Civil Engineer, on behalf of Miok Kim, property owner. This application involves a request to subdivide 3.35 acres of land into 14 R-1-6 standard residential single-family lots ranging in size from 6,979 square feet to 9,826 square feet. This property is generally located on Massasso Street, approximately 400 feet north of Highway 140 and approximately 875 feet south of Bear Creek and has General Plan designation of Low Density Residential (LD) and a Zoning designation of Low Density Residential (R-1-6). **PUBLIC HEARING** ACTION: Approve/Disapprove/Modify 1) Environmental Review #24-11 (Categorical Exemption) 2) Vesting Tentative Subdivision Map #1331 SUMMARY This item was scheduled to be considered by the Planning Commission on June 17, 2024. However, due to an error when publishing the public notice, the item was continued to the July 3, 2024, meeting. The applicant is proposing a tentative map for 14 single-family residential lots, north of Highway 140, east of Massasso Street and Thurman Drive (extended) (Attachment B). The existing single-family dwelling on the adjacent 19,813-square-foot lot is not part of this proposal. The proposed subdivision would subdivide 3.35 acres of land into 14 R-1-6 standard residential single-family lots ranging in size from 6,979 square feet to 9,826 square feet. Planning staff, along with other City staff, have reviewed the project and recommend approval subject to conditions. RECOMMENDATION Planning staff recommends that the Planning Commission approve Environmental Review #24-11 (Categorical Exemption) and Vesting Tentative Subdivision Map #1331 (including the adoption of the Draft Resolution) subject to the conditions in Exhibit A and the findings/considerations in Exhibit B of Draft Resolution #4136 at Attachment A. 24-497 approved Pass
  22. E.4 SUBJECT: Cancellation of July 17, 2024, Planning Commission Meeting due to a lack of items ACTION: Cancel the Planning Commission Meeting of July 17, 2024 24-675 approved Pass
  23. F. INFORMATION ITEMS
  24. F.1 SUBJECT: Report by Temporary Director of Development Services of Upcoming Agenda Items ACTION Information only. 24-677
  25. F.2 SUBJECT: Calendar of Meetings/Events Jul. 1 City Council, 6:00 p.m. 3 Planning Commission, 6:00 p.m. 15 City Council, 6:00 p.m. 17 Planning Commission, 6:00 p.m. (Thurs.) (To be Cancelled) Aug. 5 City Council, 6:00 p.m. 7 Planning Commission, 6:00 p.m. 19 City Council, 6:00 p.m. 21 Planning Commission, 6:00 p.m. 27 Bicycle and Pedestrian Advisory Committee, 4:00 p.m. 24-678
  26. G. ADJOURNMENT adjourned Pass