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Planning Commission

August 7, 2024 ·6:00 PM Final-Amended

City Council Chamber, 2nd Floor, Merced Civic Center, 678 W. 18th Street, Merced, CA 95340

Agenda PDF 📹 Watch video Official record ↗

Agenda — 23 items

  1. 1 NOTICE TO PUBLIC
  2. 2 WELCOME TO THE MEETING OF THE MERCED PLANNING COMMISSION ▶ jump to 0:03
  3. 3 At least 72 hours prior to each regular Planning Commission meeting, a complete agenda packet is available for review on the City's website at www.cityofmerced.org or at the Planning Division Office, 678 W. 18th Street, Merced, CA 95340. All public records relating to an open session item that are distributed to a majority of the Commission will be available for public inspection at the Planning Division Office during regular business hours. The Planning Commission also serves as the Board of Zoning Adjustment and the Design Review/Historic Preservation Commission. Assisted hearing devices are available for meetings held in the Council Chamber.
  4. 4 PUBLIC COMMENT: OBTAIN SPEAKER CARD FROM THE CLERK
  5. 5 Members of the audience who wish to address the Planning Commission are requested to complete a speaker card available at the podium against the right-hand side of the Council Chamber. Please submit the completed card to the Clerk before the item is called, preferably before the meeting begins. Speakers will be called up, 3 to 5 at a time, in the order in which the forms are received. Please use the microphone and state your name and city of residence for the record. For permits, licenses, and other entitlements, the applicant will be allowed 15 minutes (including rebuttal), the appellant/leader of the opposition will be allowed 15 minutes (including rebuttal), and all other speakers shall have 3 minutes each, unless the number of speakers is over 10, which in that case, comments shall be limited to 2 minutes each. For all other issues, for 3 or less speakers, 3 minutes each and for over 10 speakers, 2 minutes each shall be allotted. A timer clock is located above the City Council dais illuminating the remaining time. Once the buzzer sounds, please be courteous and conclude your remarks. Material may be emailed to planningweb@cityofmerced.org no later than 1 PM on the day of the meeting. Please specify which portion of the agenda you are commenting on, for example, Item # or Oral Communications. Your comments will be presented to the Planning Commission at the appropriate time. Any correspondence received after 1 PM will be distributed to the Planning Commission and retained for the official record.
  6. A. CALL TO ORDER ▶ jump to 0:02
  7. A.1. Moment of Silence ▶ jump to 0:06
  8. A.2. Pledge of Allegiance to the Flag ▶ jump to 0:19
  9. B. ROLL CALL ▶ jump to 0:41
  10. C. PUBLIC COMMENT ▶ jump to 2:11
  11. 11 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 will be allotted 3 minutes. The Chairperson may, at their discretion, reduce the time to 2 minutes if there are more than 10 speakers, in order to accommodate as many speakers as possible. State law prohibits the Planning Commission from acting at this meeting on any matter raised during the public comment period. Members of the public who wish to speak on a matter that is listed on the agenda will be called upon to speak during discussion of that item. Please submit a Request to Speak card prior to the item being called.
  12. D. CONSENT CALENDAR
  13. 13 Adoption of the Consent Calendar may be made with one motion of the Planning Commission provided that any Planning Commission member, individual, or organization may request removal of an item from the Consent Calendar for separate consideration. If a request for removal of an item from the Consent Calendar has been received, the item will be discussed and voted on separately. With Consent items, there is generally no staff presentation but staff is available for questions.
  14. D.1 SUBJECT: Vacation #24-01, to vacate the Arbor Walkway South easement (approximately 2,346 square feet) which would revert development rights back to the property owner of 534 W. Main Street. ACTION: Finding 1) The proposed vacation is consistent with the General Plan. SUMMARY The City of Merced is requesting a vacation of the Arbor Walkway South Easement at 534 W. Main St. (Attachment 1), as it has been determined that it is no longer necessary or in the City’s interest. Engineering and Planning Division staff have reviewed this request and recommend that the Planning Commission adopt a Finding stating that the proposed vacation is consistent with the General Plan. The General Plan does not address the abandonment or vacation of easements; and thus, this action does not conflict with any General Plan policies, text, or maps, so it can be considered “consistent.” The area to be vacated consists of approximately 2,346 square feet, (Attachments 2 and 3). RECOMMENDATION Adopt a motion by minute action adopting a Finding that the proposed vacation #24-01 is consistent with the General Plan. 24-736
  15. D.2 SUBJECT: Planning Commission Minutes of July 3, 2024 ACTION: Approving and filing the Planning Commission Minutes of July 3, 2024 24-771
  16. E. PUBLIC HEARINGS AND ACTION ITEMS
  17. E.1 SUBJECT: Conditional Use Permit #1277, initiated by AT&T Mobility, on behalf of The Church of the Nazarene of Merced, California, property owner. This application involves a request to construct a 55-foot-tall wireless communication tower in the form of a stealth mono-pine tree at 1717 E. Olive Avenue, generally located at the northeast corner of E. Olive Avenue and Parsons Avenue, with a General Plan designation of Low Density Residential (LD), and a Zoning classification of (R-1-6) *CONTINED PUBLIC HEARING* ACTION: Continue the public hearing to the Planning Commission meeting of September 18, 2024, at 6:00 p.m. SUMMARY AT&T Mobility is requesting approval to construct a 55-foot-tall wireless communication tower in the form of a stealth mono-pine tree at 1717 E. Olive Avenue within a Low Density Residential (R-1-6) Zone. The project is located at the northeast corner of E. Olive Avenue and Parsons Avenue within a developed lot occupied by the Bear Creek Community Church of the Nazarene. Per Merced Municipal Code Land Use Table 20.58-2 - Review Procedures for Support Towers for Wireless Communication Facilities, a site plan review is required for stealth facilities within an R-1 Zone that are over 140% of the maximum height allowed within this zone. However, as described in the background section of this report, because the Site Plan Review Committee is referring this request to the Planning Commission, the land use permit required is now a conditional use permit. On July 3, 2024, the Planning Commission opened the public hearing, heard public testimony, and voted to continue the public hearing to August 7, 2024. RECOMMENDATION Planning staff recommends that the Planning Commission continue this matter to the Planning Commission meeting of September 18, 2024. 24-705 ▶ jump to 3:50
  18. E.2 SUBJECT: Zoning Ordinance Amendment #24-01, 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 Section 20.44.170 (Regulation of Commercial Cannabis Activities - Commercial Cannabis Business Permit Required). ACTION: Continue the public hearing to the regularly scheduled Planning Commission meeting of Wednesday, August 21, 2024, at 6:00 p.m. SUMMARY Staff is requesting that consideration of this item be continued to the Planning Commission meeting of August 21, 2024, so that the proposed alterations to the code can be finalized. 24-748 ▶ jump to 7:00
  19. 19 Members of the public who wish to speak on public hearings listed on the agenda will be heard when the Public Hearing is opened, except on Public Hearing items previously heard and closed to public comment. After the public has commented, the item is closed to further public comment and brought to the Commission for discussion and action. Further comment will not be received unless requested by the Commission.
  20. F. INFORMATION ITEMS
  21. F.1 SUBJECT: Report by Temporary Director of Development Services of Upcoming Agenda Items ACTION Information only. 24-772 ▶ jump to 8:45
  22. F.2 SUBJECT: Calendar of Meetings/Events Aug. 5 City Council, 6:00 p.m. 7 Planning Commission, 6:00 p.m. 19 City Council, 6:00 p.m. 21 Planning Commission, 6:00 p.m. 27 Bicycle and Pedestrian Advisory Committee, 4:00 p.m. Sept. 3 City Council, 6:00 p.m. (Tuesday) 4 Planning Commission, 6:00 p.m. (To be Cancelled) 16 City Council, 6:00 p.m. 18 Planning Commission, 6:00 p.m. 24-773 ▶ jump to 10:12
  23. G. ADJOURNMENT ▶ jump to 10:18