File #: 17-136    Version: 1 Name:
Type: Public Hearing Item Status: Passed
File created: 3/13/2017 In control: City Council/Public Finance and Economic Development Authority/Parking Authority/Successor Agency to the Redevelopment Agency
On agenda: 4/17/2017 Final action: 4/17/2017
Title: SUBJECT: Public Hearing - Appeal of Conditions #8 and #17 of Planning Commission Resolution #3077 for Conditional Use Permit #1216 for Merced Poker Room at 1459 Martin Luther King, Jr. Way REPORT IN BRIEF This is an appeal of Conditions #8 and #17 of Planning Commission Resolution #3077 regarding the number of tables allowed to be present within the card room facility. RECOMMENDATION City Council - Adopt a motion approving Resolution 2017-18, a Resolution of the City Council of the City of Merced, California, denying an appeal by Jarhett Blonien on behalf of Tongtoua Yang concerning Conditions #8 and #17 of Planning Commission Resolution #3077 approving Conditional Use Permit #1216.
Attachments: 1. Location Map_P.pdf, 2. Planning Commission Res #3077 CUP #1216 Merced Poker Room (1459 Martin Luther King Jr. Way 4-5-6).pdf, 3. Request for Appeal from Jarhett Blonien.pdf, 4. MMC 9.08.020-Cardrooms..pdf, 5. Planning Commission Min Excerpt 02-22-17 Item 4.3 (Merced Poker Room)-Addendum & Item 4.4 (Poker Flats Casino) .pdf, 6. Planning Commission Staff Report - CUP #1216 Merced Poker Room (1459 MLK Jr.Way)_Addendum.pdf, 7. California Code of Regulations.pdf, 8. Draft City Council Resolution.pdf
Report Prepared by: Julie Nelson, Associate Planner, Planning Department

Title
SUBJECT: Public Hearing - Appeal of Conditions #8 and #17 of Planning Commission Resolution #3077 for Conditional Use Permit #1216 for Merced Poker Room at 1459 Martin Luther King, Jr. Way

REPORT IN BRIEF
This is an appeal of Conditions #8 and #17 of Planning Commission Resolution #3077 regarding the number of tables allowed to be present within the card room facility.

RECOMMENDATION
City Council - Adopt a motion approving Resolution 2017-18, a Resolution of the City Council of the City of Merced, California, denying an appeal by Jarhett Blonien on behalf of Tongtoua Yang concerning Conditions #8 and #17 of Planning Commission Resolution #3077 approving Conditional Use Permit #1216.

Body
ALTERNATIVES
1. Refer back to staff for reconsideration of specific items (specific items to be addressed in City Council motion); or
2. Continue to a future City Council meeting (date and time to be specified in City Council motion).

AUTHORITY
Merced Municipal Code Chapter 20.74 - Appeals grants the City Council authority to hear an appeal of a decision made by the Planning Commission.

DISCUSSION
Appeal Request
The applicant has requested an appeal of Conditions #8 and #17 of Planning Commission Resolution #3077 for Conditional Use Permit #1216. Conditional Use Permit (CUP) #1216 allows an increase in tables at the Merced Poker Room located at 1459 Martin Luther King, Jr. Way (Attachment 1) from 4 tables to 8 tables. Conditions #8 and #17 of Planning Commission Resolution #3077 (Attachment 2) limit the number of tables on the premises to 8 tables in keeping with the approval as follows:

8. This approval is for the addition of four card tables in addition to the four that were previously approved by Conditional Use Permit (CUP) #1205. No more than 8 card tables shall be allowed within this cardroom.

17. The maximum number of tables allowed for this card room is limited to ...

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