Planning Commission Staff Report
Report Prepared by: Matt Livingston, Assistant Planner, Development Services Department
Title
SUBJECT: Conditional Use Permit #25-0011, and Restaurant Encroachment Permit #25-0001 initiated by Sair Lara, applicant for Michael Dale McCutcheon, Trustee, property owner. This application involves a request to operate a bar that serves beer and wine for on-site and off-site consumption with a front patio area at 521 West Main Street, and to operate a food truck in the parking lot behind the building. The subject site is generally located on the north side of West Main Street, approximately 150 feet west of Canal Street. The subject site has a General Plan designation of Regional/Community Commercial (RC), and a Zoning classification of Central Commercial (C-C). **PUBLIC HEARING**
ACTION: Approve/Disapprove/Modify
1) Environmental Review #25-0018 (Categorical Exemption)
2) Conditional Use Permit #25-0011
3) Restaurant Encroachment Permit #25-0001
SUMMARY
Sair Lara is requesting conditional use permit approval to operate a bar with a front patio area and a food truck in the private parking lot behind the site at 521 West Main Street (Merced Lofts). Per Merced Municipal Code Land Use Table 20.10-1 - Permitted Land Uses in Commercial Districts, “bars” and alcohol sales for off-site consumption in buildings smaller than 20,000 square feet are considered a conditional use within a Central Commercial (C-C) Zone. The Planning Commission will be reviewing this proposal to ensure that the business and site plan is designed in a manner that minimizes negative impacts to the existing site and promotes compatible and orderly development with the surrounding uses. Staff is recommending approval with conditions.
RECOMMENDATION
Planning staff has reviewed this request and recommends that the Planning Commission approve Environmental Review #25-0018 (Categorical Exemption), Conditional Use Permit #25-0011, and Restaurant Encroachment Permit #25-0001, 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
The applicant is proposing to operate a bar at 521 West Main Street. This subject site is a suite located within a larger building that has a mix of residential and commercial uses. The ground floor contains commercial suites, and the second and third floor contain residential units. The Floor Plan (Attachment C) submitted by the applicant shows the proposed layout of this bar. The bar would have a patio area in the front of the site, and various kinds of seating located within the site including tables, booths, and a bar rail. The applicant intends on applying for a Type 42 Alcoholic Beverage Control (ABC) license, which would require a finding of public convenience or necessity to be granted by the City of Merced City Council at a later date, and would permit them to sell beer and wine. This application is also requesting to operate a food truck in the back of the site, in the privately owned parking lot. The applicant would not be selling food in the bar itself, so this project qualifies as a bar and not a restaurant serving alcohol. The hours of operation would be 12:30 p.m. to 1:00 a.m. Thursday through Saturday, 2:30 p.m. to 11:00 p.m. Monday through Wednesday, and 12:30 p.m. to 11:00 p.m. on Sundays.
Surrounding Uses
|
Surrounding Land |
Existing Use of Land |
City Zoning Designation |
City General Plan Land Use Designation |
|
North |
City Parking Lot |
Central Commercial (C-C) |
Regional/Community Commercial (RC) |
|
South |
Second Time Around Book Store (across W. Main Street) |
Central Commercial (C-C) |
Regional/Community Commercial (RC) |
|
East |
Merced County Office of Education Downtown Profession Center |
Central Commercial (C-C) |
Regional/Community Commercial (RC) |
|
West |
Headquarterz Barber Shop |
Central Commercial (C-C) |
Regional/Community Commercial (RC) |
Background
The subject site is in the Downtown Merced area, within a 650-square-foot suite that’s part of a larger building which has multiple other commercial businesses on the ground floor as well as some residential units on the second and third floors. The Downtown area has multiple bars and restaurants, as well as various other types of commercial uses. The subject site was previously occupied by an eyebrow threading business. The applicant intends on applying for a Type 42 ABC license if this application is approved. This would allow the business to serve beer and wine for on-site and off-site consumption. The applicant has indicated that they will not be serving food at this location, but would be having a food truck operate in the private parking lot behind the site, and there would also be a patio area in the front of the business.
Findings/Considerations
Please refer to Exhibit B of the Draft Planning Commission Resolution at Attachment A.
ATTACHMENTS
A. Draft Planning Commission Resolution #4160
B. Location Map
C. Floor Plan
D. Food Truck Site Plan
E. Water Quality Control Division Best Management Practices Brochure
F. Fire Department Food Truck Safety Fact Sheet
G. Alcoholic Beverage Control License Types
H. City Wide Incident Map
I. Incident Map Near Subject-Site (500-foot Radius)
J. MMC 12.36 - Restaurant Encroachment Permits
K. Downtown Parking District
L. Categorical Exemption
M. Presentation