File #: 20-303    Version: 1 Name:
Type: Report Item Status: Passed
File created: 6/8/2020 In control: City Council/Public Finance and Economic Development Authority/Parking Authority/Successor Agency to the Redevelopment Agency
On agenda: 6/15/2020 Final action: 6/15/2020
Title: SUBJECT: Continued Deliberation, Decision and Providing Direction Regarding the 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, and; B. Providing direction to staff regarding findings to grant or deny the appeal, with or without prejudice.
Attachments: 1. Correspondence presented on May 4, 2020, 2. Letter from Joe Englanoff, 3. E-mail from Rosemary Duran, 4. Merced Station Site Plan.pdf, 5. Merced Station Elevations.pdf, 6. AR - Appeal by Casey Steed for CUP#1238 Apts.pdf, 7. Letter from Elisa Paster on June 11, 2020

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

Title
SUBJECT: Continued Deliberation, Decision and Providing Direction Regarding the 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, and;

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

Body
ALTERNATIVES
1. Provide direction to staff regarding findings to grant or deny the appeal, with or without prejudice; 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 ...

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