OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Merced Planning Commission Meeting – September 9, 2026: Conditional Use Permit Approved, New Officers Elected

City Council & CommissionsWednesday, September 9, 2026
BodyMerced, California
SessionCity Council & Commissions
DateWednesday, September 9, 2026
StatusNEW · FILED
Video Record
0:00 / 1:10:21

Transcript — Verbatim
8:58

All right, folks, we're going to get started here.

9:00

I call to order the meeting of the Planning Commission for September ninth, twenty twenty-six.

9:04

I now ask for a moment of silence.

10:00

Cameron now read information on how the public may participate in the meeting.

10:03

Members of the audience who wish to address the planning commission are requested to complete a speaker card available at the podium in the back of the council chambers.

10:16

Yes.

10:17

But we're gonna take one quick second, we're having technical difficulties.

12:44

Okay.

13:00

Yes.

15:08

Um I don't know.

15:27

I can hear what I'm doing, yeah.

15:31

That's that's the end of the production.

15:51

Can you hear the time?

15:54

Okay.

16:45

Testing, testing one, two, three.

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One, two, three.

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One, two, three.

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One, two, three.

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31:19

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31:22

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34:51

Thank you for your patience.

34:52

With the chairperson's permission, I'd like to continue.

34:55

Please, thank you.

35:00

Members of the audience who wish to address the planning commission are requested to complete a speaker card available at the podium at the back of the council chambers.

35:05

Please submit the completed card to the clerk before the item is called, preferably before the meeting starts.

35:11

If you would like to briefly go over the process of submitting compliment correction comments to the planning commission, please submit your public comment to the planning commission electronically, no later than 1 p.m.

35:22

on the day of the meeting.

35:24

Comments received before the deadline will be sent to the planning commission.

35:28

And will be part of the record and mentioned as part of the public comment portion of the agenda.

35:33

Material may be emailed to planning web at city of Merced.gov and should be limited to 300 words or less.

35:41

Please specify which portion of the agenda you are commenting on, for example, oral communications, or the item number.

35:49

Your comments will be presented to the planning commission at the appropriate time.

35:53

Any correspondence received after 1 p.m.

35:56

will be distributed to the planning commission and retained for official record.

36:01

To view our video or listen to the planning commission's meeting live, go to the city's website at www.city of Merced.gov, YouTube or Comcast Public Access Channel 96.

36:18

Thank you, Cameron.

36:19

We now move on to item C, public comment.

36:21

Members of the public who wish to speak on any matter not listed on the agenda may speak during this portion of the meeting, and we'll be allotted three minutes.

36:29

State law prohibits the planning commission from acting at this meeting on any matter raised during the public comment period.

36:34

Members of the public who wish to speak on this on a matter that is listed on the agenda will be called upon to speak during discussion of that item.

36:42

Cameron, do we have any requests to speak?

36:44

Not at this time.

36:49

Is there anybody in the audience who would wish to speak during this time?

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████54%
Cannabis Regulation███████████████████████████32%
Engineering And Infrastructure█████6%
Public Engagement████5%
Homelessness███3%
Summary of Proceedings

Merced Planning Commission Meeting – September 9, 2026

The Merced Planning Commission met on Wednesday, September 9, 2026, at 6:00 PM in the City Council Chamber. The meeting included a public hearing on a Conditional Use Permit for alcohol and tobacco sales near a park, approval of the consent calendar, election of new chairperson and vice-chairperson, and staff introductions. The commission voted 4-1 to approve the permit with modified conditions.

Consent Calendar

  • Minutes of August 5, 2026: Approved unanimously (motion by Commissioner Ochoa, second by Commissioner Swigger). No items were removed for separate consideration.

Public Comments & Testimony

  • Public Comment (non-agenda): No speakers came forward.
  • Written Comment: The Merced Irrigation District (MID) submitted an email regarding drainage requirements; staff noted the applicant is aware of MID’s requirements and will work with them separately.
  • Applicant Testimony: Pete Tobin (Tobin Consulting) and property owner Gujender Singh requested three modifications to standard conditions:
    • Remove Condition 22 (no beer/wine displayed outside cooler areas) because wine is often stored at room temperature.
    • Modify Condition 24 (no alcohol sales from drive-up window) to allow a “night window” for transactions between 11 PM and 4 AM for security; staff clarified this is a zoning ordinance requirement that cannot be altered without a code amendment.
    • Modify Condition 31 to allow single-serving beer containers over 24 ounces (the original 750 ml threshold excludes 24 oz cans by 0.36 oz).

Discussion Items

  • Conditional Use Permit #26-0023 (Item E.1): Staff recommended adoption of Resolution #4186 approving the permit for alcohol (Type 21 off-sale) and tobacco sales within 600 feet of Joe Herb Park at 2010 and 2024 Yosemite Parkway. The site includes a gas station, convenience store, and car wash. The Police Department supported the sale with specific conditions. The area was described as a moderate hotspot for incidents (July 2025–June 2026 data). Commissioner Smith expressed concerns about existing homelessness and drug activity at Joe Herb Park and opposed the permit. Commissioner Ochoa questioned the proposed driveway approach and left-turn lane. After staff (Jesse) explained that Condition 24 could not be modified due to zoning ordinance Section 20.44.070, the commission discussed removing Condition 22 and modifying Condition 31. Chairman Gonzalez noted that other nearby stores sell single servings and that theft risks are comparable.
  • Election of Chairperson and Vice-Chairperson (Item G.1): Chairman Gonzalez stepped down. A motion was made to elect Commissioner Greggans as Chair and Commissioner Ochoa as Vice-Chair. The motion was seconded and approved.
  • Staff Introductions: The Planning Manager introduced Jerome (new director) and Kayla Rashad (new senior planner).

Key Outcomes

  • Resolution #4186 Approved (4-1): The commission approved the Conditional Use Permit with 39 conditions, including:
    • Removal of Condition 22.
    • Modification of Condition 31 to allow single-serving beer containers over 24 ounces (or wine bottles over 750 ml).
    • Condition 24 (no alcohol sales from a drive-up window) retained as required by zoning ordinance.
  • Election: Commissioner Greggans elected Chairperson, Commissioner Ochoa elected Vice-Chairperson.
  • Next Meeting: The September 23, 2026 Planning Commission meeting was canceled due to lack of items.

Meeting Transcript

All right, folks, we're going to get started here. I call to order the meeting of the Planning Commission for September ninth, twenty twenty-six. I now ask for a moment of silence. Cameron now read information on how the public may participate in the meeting. Members of the audience who wish to address the planning commission are requested to complete a speaker card available at the podium in the back of the council chambers. Yes. But we're gonna take one quick second, we're having technical difficulties. Okay. Yes. Um I don't know. I can hear what I'm doing, yeah. That's that's the end of the production. Can you hear the time? Okay. Testing, testing one, two, three. Testing, testing one, two, three. Testing, testing one, two, three. Testing, testing, one, two, three. Testing, testing, one, two, three. Testing, testing, one, two, three. Testing, testing, one, two, three. One, two, three. Testing, testing, one, two, three. Testing, testing. One, two, three. Testing, testing. One, two, three. Testing, testing one, two, three. Testing, testing one, two, three. Testing, testing one, two, three. Testing, testing, one, two, three. Testing, testing, one, two, three. Testing, testing, one, two, three. Testing, testing, one, two, three. Testing, testing, one, two, three. Testing, testing, one, two, three. Testing, testing, one, two, three. Thank you for your patience. With the chairperson's permission, I'd like to continue. Please, thank you. Members of the audience who wish to address the planning commission are requested to complete a speaker card available at the podium at the back of the council chambers. Please submit the completed card to the clerk before the item is called, preferably before the meeting starts. If you would like to briefly go over the process of submitting compliment correction comments to the planning commission, please submit your public comment to the planning commission electronically, no later than 1 p.m. on the day of the meeting. Comments received before the deadline will be sent to the planning commission. And will be part of the record and mentioned as part of the public comment portion of the agenda. Material may be emailed to planning web at city of Merced.gov and should be limited to 300 words or less. Please specify which portion of the agenda you are commenting on, for example, oral communications, or the item number. Your comments will be presented to the planning commission at the appropriate time. Any correspondence received after 1 p.m.

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