File #: 20-358    Version: 1 Name:
Type: Public Hearing Item Status: Passed
File created: 7/6/2020 In control: City Council/Public Finance and Economic Development Authority/Parking Authority/Successor Agency to the Redevelopment Agency
On agenda: 8/17/2020 Final action: 8/17/2020
Title: SUBJECT: Reopened Public Hearing - To Consider Appeal of the Environmental Determination to Adopt a Mitigated Negative Declaration for Conditional Use Permit #1238 and Environmental Review #20-05 (CEQA Section 15162 Findings) for Site Plan #455 and to Consider the Appeal of the 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. Open the Public Hearing and hear all testimony regarding the appeal; and, B. Close the Public Hearing; and, C. Provide direction to staff regarding Environmental Review #19-37...
Attachments: 1. Location Map.pdf, 2. Site plan.pdf, 3. Appeal Letter from Casey Steed (CUP #1238), 4. Appeal Letter from Richard Harriman (SP #455), 5. Letter of withdrawal from San Joaquin Valley Environmental Defense Center, 6. Letter from Glaser Weil dated June 1, 2020, 7. Letter from Glaser Weil dated June 11, 2020, 8. Administrative Reports, 9. Correspondence.pdf, 10. Letter and Revised Plans Submitted June 12, 2020, 11. Internal Circulation Analysis, 12. Letter from Ennis Consulting dated August 11, 2020, 13. Planning Commission Resolution #4035 for CUP #1238, 14. Planning Commission Resolution #4036 for Site Plan Review #455, 15. Draft Presentation.pdf
Report Prepared by: Julie Nelson, Associate Planner, Planning Department

Title
SUBJECT: Reopened Public Hearing - To Consider Appeal of the Environmental Determination to Adopt a Mitigated Negative Declaration for Conditional Use Permit #1238 and Environmental Review #20-05 (CEQA Section 15162 Findings) for Site Plan #455 and to Consider the Appeal of the 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. Open the Public Hearing and hear all testimony regarding the appeal; and,

B. Close the Public Hearing; and,

C. Provide direction to staff regarding Environmental Review #19-37 (Mitigated Negative Declaration for CUP #1238 and Environmental Review #20-05 (CEQA Section 15162 Findings) for SP #455; and,

D. Provide direction to staff regarding the findings to grant or deny the appeal, with or without prejudice.

Body
ALTERNATIVES
1. Continue the public hearing to a future meeting (date and item to be specified in the motion).

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

DISCUSSION
Appeal

Conditional Use Permit #1238 was approved by the Planning Commission on January 22, 2020, to allow the construction of a mixed-use development with 214 apartment units and approximately 37,117 square feet of commercial uses within four buildings (two 2-story buildings and two 3-story buildings) on an approximately 5.94-acre parcel, generally located at the southeast corner of Yosemite...

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