Planning Commission Staff Report
Report Prepared by: Matt Livingston, Assistant Planner, Development Services Department
Title
SUBJECT: Conditional Use Permit #25-0015, submitted by Malek Mosleh, on behalf of Chanana Sham & Meenu Trustee, property owners. This application involves a request for tobacco sales (for off-site consumption) for a new convenience market at 1277 V Street, Suite B. The subject site is generally located at the southwest corner of V Street and McSwain Road (turns into 13th Street going east), with a General Plan Designation of Thoroughfare Commercial (CT) and a Zoning classification of Thoroughfare Commercial (C-T). *PUBLIC HEARING*
ACTION: Approve/Disapprove/Modify
1) Environmental Review #25-0021 (Categorical Exemption)
2) Conditional Use Permit #25-0015
SUMMARY
Malek Mosleh is requesting approval to operate a convenience market with tobacco sales for off-site consumption at 1277 V Street, Suite B. The convenience market would be located within an approximate 950-square-foot commercial 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 Dennis Chavez Memorial Park. The primary use of a convenience market is principally permitted within the site’s Zoning classification of Thoroughfare Commercial (C-T), and General Plan designation of Thoroughfare Commercial (CT), but 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 #25-0021 (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.
Body
DISCUSSION
Project Description
A Conditional Use Permit is required for tobacco sales within 600 feet of a youth center. The primary use of convenience market with general retail sales is principally permitted within the subject site’s Zoning classification of C-T. The convenience market would operate daily from 8:00 a.m. to 10:00 p.m. No structural changes would be made to the interior or exterior of the building. The site plan would remain the same. As shown on the floor plan at Attachment C, the convenience market would be accessible through the main entrance along the east elevation. The floor plan shows an area selling a variety of snacks and drinks along the northern portion of the site. There will be a variety of clothing and hats for sale behind the employee counter as well. Alcohol sales are not included with this request (alcohol sales would require a Conditional Use Permit and a Finding of Public Convenience or Necessity). The floor plan also includes a restroom. Tobacco products would be inaccessible to the public, stored behind the employee counter.
Surrounding uses as noted in Attachment B.
|
Surrounding Land |
Existing Use of Land |
City Zoning Designation |
City General Plan Land Use Designation |
|
North |
Gas Station
(across Highway 99) |
General Commercial
(C-G) |
General Commercial
(CG) |
|
South |
Single-Family Homes |
Low Density Residential
(R-1-6) |
Low Density Residential
(LD) |
|
East |
Jack in the Box
(across V Street) |
Thoroughfare Commercial
(C-T) |
Thoroughfare Commercial (CT) |
|
West |
Supportive Housing
(Twelve Thirteen) |
Thoroughfare Commercial
(C-T) |
Thoroughfare Commercial (CT) |
Background
Subject Site:
The subject site consists of a 950-square-foot suite within an approximately 10,000-square-foot building located in the southern portion of Merced (Attachment B). The prior use in this suite was a beauty salon. The building has several other suites which have been used for multiple purposes including insurance sales and grocery stores.
Ordinance:
The restrictions on tobaccos sales near schools and youth centers were codified in 2016 as part of a comprehensive Zoning Ordinance update through the recommendation of the Merced County Health Department. At that time, the sale of tobacco products was prohibited within 1,000 feet of schools and youth centers, with no option to obtain approval through a conditional use permit. Through community feedback, it became apparent that this restriction made it very difficult for new establishments to sell tobacco products given the variety of sensitive uses scattered throughout town – such as schools (elementary, junior high, or high school), youth centers, parks, playgrounds, daycares, recreation facilities, and libraries. In 2020, the City Council approved an amended Merced Municipal Code 20.44.160 – Tobacco Sales Prohibited Near Schools to still prohibit tobacco products within 1,000 feet of schools but allow tobacco sales within 600 feet of youth-oriented facilities with conditional use permit approval. The distance of 600 feet was selected to match the distance requirement for commercial cannabis retail permits. Approval of tobacco sales does not require approval of any specific findings other than those required for conditional use permits. Those findings are shown on the Draft Planning Commission Resolution at Attachment A (Exhibit B).
Findings/Considerations
Please refer to Exhibit B of the Draft Planning Commission Resolution at Attachment A.
ATTACHMENTS
A) Draft Planning Commission Resolution #4166
B) Location Map
C) Floor Plan
D) Categorical Exemption
E) Presentation