CITY OF MERCED - File #: 20-238

• File #: 20-238
• Version: 1
• Type: Report Item
• Status: Passed
• File created: 5/11/2020
• In control: City Council/Public Finance and Economic Development Authority/Parking Authority/Successor Agency to the Redevelopment Agency
• On agenda: 6/1/2020
• Final action: 6/1/2020
• Title: SUBJECT: Appeal of Conditional Use Permit (CUP) #1238 and Site Plan Review #455 Which Would Allow the Construction of a Mixed-Use Development, Including 218 Apartments, Approximately 22,000 s.f. of Retail Commercial Space, and Approximately 14,000 s.f. of Office Space on a 5.94-Acre Parcel Generally Located at the Southeast Corner of Yosemite Avenue and McKee Road REPORT IN BRIEF Considers an appeal of the Planning Commission's approval of Conditional Use Permit (CUP #1238) and Site Plan Review #455. RECOMMENDATION City Council - Adopt a motion: A. Providing direction to approve or disapprove Environmental Review #19-37 (Mitigated Negative Declaration) for Conditional Use Permit #1238 and Environmental Review #20-05 (CEQA Section 15162 Findings) for Site Plan Review #455. B. Providing direction to staff regarding findings to grant or deny the appeal, with or without prejudice.

Date	Ver.	Action By	Action	Result
6/1/2020	1	City Council/Public Finance and Economic Development Authority/Parking Authority/Successor Agency to the Redevelopment Agency	approved	Pass

Report Prepared by: Julie Nelson, Associate Planner, Planning Department

Title
SUBJECT: Appeal of Conditional Use Permit (CUP) #1238 and Site Plan Review #455 Which Would Allow the Construction of a Mixed-Use Development, Including 218 Apartments, Approximately 22,000 s.f. of Retail Commercial Space, and Approximately 14,000 s.f. of Office Space on a 5.94-Acre Parcel Generally Located at the Southeast Corner of Yosemite Avenue and McKee Road

REPORT IN BRIEF
Considers an appeal of the Planning Commission's approval of Conditional Use Permit (CUP #1238) and Site Plan Review #455.

RECOMMENDATION
City Council - Adopt a motion:

A. Providing direction to approve or disapprove Environmental Review #19-37 (Mitigated Negative Declaration) for Conditional Use Permit #1238 and Environmental Review #20-05 (CEQA Section 15162 Findings) for Site Plan Review #455.

B. Providing direction to staff regarding findings to grant or deny the appeal, with or without prejudice.

Body
ALTERNATIVES
1. Approve one of the resolutions; or,
2. Refer back to staff for reconsideration of specific items as requested by Council; or,
3. Continue item to a future council meeting (date and time to be specified in City Council motion).

AUTHORITY
City of Merced Zoning Ordinance Section 20.74 - Appeals addresses the procedure for appealing a decision made by the Planning Commission.

DISCUSSION
Summary

On May 4, 2020, the City Council held a public hearing regarding the appeal of the Planning Commission's approval of Conditional Use Permit #1238 and Site Plan Review #455. At the public hearing, the City Council received a report from staff and heard testimony from Richard Harriman on behalf of the appellants and Raj Joshi and Joe Englanoff on behalf of the project applicant. Additionally, there were two e-mails read into the record and one voicemail played for the City Council to consider. One e-mail and the voicemail were opposed to the project and one e-mail was supportive of ...