SUBJECT: Zoning Ordinance Amendment #21-01, initiated by the City of Merced. This application involves changes to the Merced Zoning Ordinance (Title 20 of the Merced Municipal Code) which would amend Merced Municipal Code Sections 20.74 (Appeals), 20.44.170 (Commercial Cannabis Businesses), 20.64 (Administrative Responsibility), 20.68 (Permit Requirements), and 20.70 (Public Notice and Hearings). This amendment would clarify that appeals of actions by the Planning Commission, Site Plan Review Committee, and the Director of Development Services would be scheduled for a public hearing by the appropriate review authority and heard within 90 days unless otherwise mutually agreed to by the applicant and appellant; and modify the appeal procedures for Commercial Cannabis Business Permits to match the same language (the current requirement is 30 days). This amendment would also clarify that any action of the Planning Commission requires a vote of at least four members of the Planning Commission for all actions listed in Table 20.64-1 (Review and Decision-Making Authority), including Conditional Use Permits and other permits, approvals, and recommendations. “**PUBLIC HEARING** ACTION PLANNING COMMISSION: Recommendation to City Council Environmental Review #21-03 (Categorical Exemption) Zoning Ordinance Amendment #21-01 CITY COUNCIL: Approve/Disapprove/Modify Environmental Review #21-03 (Categorical Exemption) Zoning Ordinance Amendment #21-01 SUMMARY Several amendments to the Zoning Ordinance will be considered involving the timing of appeals for various permits considered by the Planning Commission, including Commercial Cannabis Business Permits, and clarifying the number of votes that are required for the Planning Commission to approve action items. Staff is recommending approval. RECOMMENDATION Planning staff recommends that the Planning Commission recommend approval to the City Council of Environmental Review #21-03 [Categorical Exemption] and Zoning Ordinance Amendment #21-01 subject to the findings/considerations in Exhibit A and the Draft Ordinance at Exhibit B of the Draft Resolution at Attachment A.

Committee

Planning Commission

Requested by

Development Services Department

Introduced

February 25, 2021

On agenda

March 17, 2021

Passed

March 17, 2021