OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Merced Planning Commission Meeting - November 5, 2025

City Council & CommissionsWednesday, November 5, 2025
BodyMerced, California
SessionCity Council & Commissions
DateWednesday, November 5, 2025
StatusFILED
Video Record
0:00 / 52:43

Transcript — Verbatim
0:00

folks we're gonna get started here the call to order now start with a moment of silence please I call to order this meeting the planning commission for November 5th 2025 and we'll start with the Pledge of Allegiance uh Commissioner Ochoa can you get us started please stands one justice for all we now move on to Section B roll call Commissioner Tell Smith present view present swigert absent excused Ochoa present Gregg's present and chairperson Gonzalez present thank you Kayla we have a quorum Kayla will now read information about 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 at the back of the council chamber please submit the completed card to the clerk before the item is called preferably before the meeting begins I would like to briefly go over the process of submitting comments to the planning commission.

1:46

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 cityofmerset.gov and should be limited to 300 words or less please specify which portion of the agenda you were commenting on for example oral communications or item number your comments will be presented to the planning commission at the appropriate time any correspondence received after one p.m will be distributed to the planning commission and retained for the official record TV video or listen to the planning commission meeting live go to the city's website www.cityofmersed.gov Facebook live or Comcast public access channel 96 thank you Kayla we now move on to section C which is public comment 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 state law prohibits the planning commission from acting at this meeting on any matters 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 particular item Kayla do we have any requests to speak yes we do have Leah Brown.

3:11

Hi Leah Good evening Commissioners Leah Brown Management Analyst and Development Services I just wanted to um give you a little update um on some dates pending and an invitation um you'll find on um the dais in front of you an invitation to the groundbreaking ceremony for Bella Vista um it's an affordable apartment complex um located on Parsons Avenue right across the street from Rancho San Miguel grocery store next to Joher Park and um the groundbreaking ceremony is November 14th at 2 p.m and you're all cordially invited um and then I also have some dates that I just thought I would draw your attention to these are um dates having to do with our general plan update and our downtown station area plan.

4:03

So we have a citizens advisory focus group meeting um that we actually had scheduled for Monday the 10th but we needed a little bit more time to coordinate for that so we've rescheduled it to November 18th at 6 p.m in the council chambers and um official notices are going to go out about that tomorrow but I did let our CAFG members know about that tonight.

4:24

Then we have a December CAFG meeting which again is the Citizens Advisory Focus group apologies planners we have to speak an acronym but that's December um 10th from 6 to 8 p.m then we have another workshop um coming up an open house workshop and that's at the end of January on the 28th of January and we're actually going to start that at 2 p.m and we're gonna go until 6 p.m because we wanted to give those that are not able to make an evening workshop open so they could come in and walk through the stations and give their input so we're gonna have it as kind of a hybrid from two to six and then this one is probably the most important meeting if you can mark your calendars um our consultants really wanted to have a joint city council planning commission meeting and it will be scheduled for February 2nd and it will be a special meeting from five to six which is right before the city council meeting so it'll be a a presentation specific on the general plan and downtown station area plan in your invited and we'll um have more information

5:00

So we're gonna have it as kind of a hybrid from two to six.

5:02

And then this one is probably the most important meeting if you can mark your calendars.

5:06

Um our consultants really wanted to have a joint city council planning commission meeting, and it will be scheduled for February 2nd, and it will be a special meeting uh from five to six, which is right before the city council meeting.

5:20

So it'll be a presentation specific um on the general plan and downtown station area plan, and you are invited, and we'll um have more information um as we get closer, but that's February 2nd.

5:32

And then at the end of February on the 25th, we have another um citizens advisory focus group meeting again from six to eight in the chambers.

5:40

So just trying to keep you all apprised of the progress and the meetings, um, those citizens advisory focus group meetings.

5:48

There's already a couple of you on that committee, but it is an open Brown Act meeting, so you're more than welcome to attend, and the public's welcome to attend as well.

5:55

So that's it.

5:57

Awesome.

5:57

Thank you, Leah for your updates.

5:59

Greatly appreciated.

6:01

Kayla, is there anybody else who wishes to speak during this time?

6:06

No.

6:06

No, thank you, Kayla.

6:08

We now move on to item D, which is consent calendar, including minutes.

6:12

Would the commission like to remove any items for separate consideration?

6:19

Commissioner Greggins.

6:20

I'd like to pull item D2 for separate consideration.

6:30

Do you want me to read this out or um go ahead and um I believe that you would need to um uh uh consider the minutes that are left, and then we will have our city attorney uh discuss she has some things she would like to say, as well as we do have, I believe Trevor on the line.

6:56

They would like to be able to conf uh to talk about the changes that were made in D2.

7:03

Regarding the Planning Commission meeting minutes of September 17, 2025.

7:10

Do we have any comments or notes on those meeting minutes?

7:16

We're approving everything by D2, correct?

7:18

Yeah, D2 is gonna be um discussed.

7:26

There's only two items, so you would just be um approving, make a motion to approve the consent the consent calendar uh without D2, and um of course consider that.

7:38

I'll make a motion to approve the consent calendar without item D2.

7:44

Commissioner Griggins.

7:46

I'll make a second.

7:47

We have a motion by Commissioner Show, a second by Commissioner Creggens to approve the consent calendar excluding item D2.

7:56

We now move it to a vote.

8:02

And that has passed unanimously, and then now our city attorneys will go into item D2 for further discussion or for further clarification on what was done, what was changed.

8:14

Good evening, citizens and commissioners.

8:17

Just to clarify, um the attachment B on item D2, the resolution to approve the vesting tentative subdivision map app map number 1332 had an incorrect uh typographical error resolution number.

8:37

The correct resolution number is 4172.

8:41

That's the only change that's been made from the posting post uh agenda packet, and it is a non-substantive change.

9:00

So giving the understanding that the resolution um just had some numerical changes, we can now move forward with our commission commissioners reviewing uh and accepting and including item D2 for today.

9:16

Excuse me, Chair.

9:17

Um we did receive a request to speak form for item D2.

9:27

Uh I call Robert DeLiner.

9:30

Yeah, come on up, sir.

9:33

What is the allotted time for discussion on three minutes?

9:38

Yeah, okay.

9:40

It's generally five unless there's multiple speakers and you'd like to reduce it to three.

9:45

It's at your discretion.

9:46

How much time do you need today, sir?

9:49

Three should be fine.

9:50

All right.

9:53

So this item.

9:55

Um it's it's an unfortunate circumstance that we find ourselves in.

10:02

I know not everybody that's here today, I believe, was present for when this item was originally heard.

10:08

And I'd sympathize with you being a planning commissioner is very difficult.

10:13

It's an incredible amount of information to digest.

10:18

And you see a number of things happen, right?

10:20

We always have members of the public come out, and oftentimes what we find is that they are offering their opinions, their feelings, and their thoughts on items.

10:32

Land use and land planning.

Discussion Breakdown — Share of Meeting
Public Engagement██████████████████████████████30%
Land Use Authority██████████████████████22%
Planning Commission Operations███████████████15%
Procedural█████████████13%
Engineering And Infrastructure█████████████13%
Urban Planning█████5%
Affordable Housing██2%
Summary of Proceedings

Merced Planning Commission Meeting - November 5, 2025

The Merced Planning Commission met on Wednesday, November 5, 2025, at 6:00 PM in the City Council Chamber. The meeting included approval of consent calendar items, a public hearing on a proposed 17-lot subdivision at 2500 E. Childs Avenue, and informational updates on upcoming planning initiatives. All commissioners except Swigert (excused) were present.

Consent Calendar

  • Minutes of September 17, 2025 (D1): Approved unanimously.
  • Item D2 – Yosemite 1380 LLC Project Resolutions: The commission adopted resolutions consistent with its September 17 action: a resolution recommending denial to the City Council for General Plan Amendment #24-02 and Site Utilization Plan Revision #3 to Planned Development (P-D) #20; a resolution denying Site Plan Review Permit #551 and Minor Use Permit #24-13; and a resolution approving Vesting Tentative Subdivision Map #1332 and Environmental Review #24-25 (Negative Declaration). The city attorney noted a typographical correction to the resolution number (changed to 4172), a non-substantive change. The item passed after public comment.

Public Comments & Testimony

  • Leah Brown (Management Analyst): Provided updates on the Bella Vista affordable housing groundbreaking ceremony (November 14, 2025, 2:00 PM) and upcoming meetings for the General Plan update and Downtown Station Area Plan, including a Citizens Advisory Focus Group (November 18, December 10, January 28 open house 2:00–6:00 PM) and a joint City Council/Planning Commission special meeting on February 2, 2026, 5:00–6:00 PM.
  • Robert DeLiner (on D2): Argued that the denial of the original project lacked specific evidence required by state law, emphasized strong property rights, and noted that staff had recommended approval. He urged the commission to consider the legal framework for infringement on property rights.
  • Public Hearing (E1) – 2500 E. Childs Avenue Subdivision:
    • Robert DeLiner: Opposed the new cul-de-sac design, stating it violates the general plan's traffic flow design which intended a through street. He noted that a temporary emergency vehicle access (EVA) at Brimmer Road would need permanent maintenance, and that a 17-lot cul-de-sac exiting onto a major arterial road (East Childs Avenue) is unsafe.
    • Aerial Man (resident on Rye Street): Expressed strong support for the new cul-de-sac design, citing safety for children playing in the street. She requested bollards on the connecting sidewalk to prevent vehicles from crashing through.
    • Christian Amato (resident, lot 9): Supported the new design, emphasizing neighborhood safety and family-friendly character. Asked about the fence line between lots 9 and 10.
    • Amy Valencia: Expressed agreement with the current plan, stating it is safer.
    • Patricia Gonzalez: Opposed the original through-street map but supported the current cul-de-sac design. She cited policies from the Merced County 2030 General Plan (CIR-1.7, LU 1.1, HS 1.3) and argued that increased traffic and safety risks require an environmental impact report rather than a categorical exemption.
    • Robert Ruby: Supported the new plan, stating that original intentions from decades ago should not dictate current decisions.

Discussion Items

  • Item E1 – Vesting Tentative Subdivision Map #25-0013: Assistant Planner Matt Livingston presented the proposal for a 17-lot single-family subdivision on 3.38 acres south of East Childs Avenue. The project creates a new cul-de-sac off East Childs, with lot sizes ranging from 5,565 to 14,579 square feet. The project complies with the Low Density Residential (R-1-5) zoning and general plan density (5.1 units per acre, within the 2-6 units/acre range). Conditions include fire department cul-de-sac standards, a wooden fence between the existing subdivision and lots 9-10, and a sidewalk connecting the two cul-de-sacs. Commission questions addressed fence height (standard 6-7 feet), lot sizes, and adherence to MID requirements. The applicant's engineer, Cesar Perez, confirmed the design and noted the project was revised after the previous application was withdrawn. No rebuttal was given.

Key Outcomes

  • Consent Calendar (D1, D2): Approved unanimously.
  • Public Hearing (E1): The commission voted unanimously (4-0) to approve Environmental Review #25-0038 (Categorical Exemption) and Vesting Tentative Subdivision Map #25-0013, subject to the 49 conditions in the resolution. The motion was made by Commissioner Ochoa and seconded by Commissioner Greggs.
  • Upcoming Items: The Acting Planning Manager announced training sessions for the November 19 and December 3 meetings, with topics including the Subdivision Map Act and planning process. Commissioners requested a case study review of a past complex item. The meeting adjourned after a unanimous vote.

Meeting Transcript

folks we're gonna get started here the call to order now start with a moment of silence please I call to order this meeting the planning commission for November 5th 2025 and we'll start with the Pledge of Allegiance uh Commissioner Ochoa can you get us started please stands one justice for all we now move on to Section B roll call Commissioner Tell Smith present view present swigert absent excused Ochoa present Gregg's present and chairperson Gonzalez present thank you Kayla we have a quorum Kayla will now read information about 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 at the back of the council chamber please submit the completed card to the clerk before the item is called preferably before the meeting begins I would like to briefly go over the process of submitting 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 cityofmerset.gov and should be limited to 300 words or less please specify which portion of the agenda you were commenting on for example oral communications or item number your comments will be presented to the planning commission at the appropriate time any correspondence received after one p.m will be distributed to the planning commission and retained for the official record TV video or listen to the planning commission meeting live go to the city's website www.cityofmersed.gov Facebook live or Comcast public access channel 96 thank you Kayla we now move on to section C which is public comment 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 state law prohibits the planning commission from acting at this meeting on any matters 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 particular item Kayla do we have any requests to speak yes we do have Leah Brown. Hi Leah Good evening Commissioners Leah Brown Management Analyst and Development Services I just wanted to um give you a little update um on some dates pending and an invitation um you'll find on um the dais in front of you an invitation to the groundbreaking ceremony for Bella Vista um it's an affordable apartment complex um located on Parsons Avenue right across the street from Rancho San Miguel grocery store next to Joher Park and um the groundbreaking ceremony is November 14th at 2 p.m and you're all cordially invited um and then I also have some dates that I just thought I would draw your attention to these are um dates having to do with our general plan update and our downtown station area plan. So we have a citizens advisory focus group meeting um that we actually had scheduled for Monday the 10th but we needed a little bit more time to coordinate for that so we've rescheduled it to November 18th at 6 p.m in the council chambers and um official notices are going to go out about that tomorrow but I did let our CAFG members know about that tonight. Then we have a December CAFG meeting which again is the Citizens Advisory Focus group apologies planners we have to speak an acronym but that's December um 10th from 6 to 8 p.m then we have another workshop um coming up an open house workshop and that's at the end of January on the 28th of January and we're actually going to start that at 2 p.m and we're gonna go until 6 p.m because we wanted to give those that are not able to make an evening workshop open so they could come in and walk through the stations and give their input so we're gonna have it as kind of a hybrid from two to six and then this one is probably the most important meeting if you can mark your calendars um our consultants really wanted to have a joint city council planning commission meeting and it will be scheduled for February 2nd and it will be a special meeting from five to six which is right before the city council meeting so it'll be a a presentation specific on the general plan and downtown station area plan in your invited and we'll um have more information So we're gonna have it as kind of a hybrid from two to six. And then this one is probably the most important meeting if you can mark your calendars. Um our consultants really wanted to have a joint city council planning commission meeting, and it will be scheduled for February 2nd, and it will be a special meeting uh from five to six, which is right before the city council meeting. So it'll be a presentation specific um on the general plan and downtown station area plan, and you are invited, and we'll um have more information um as we get closer, but that's February 2nd. And then at the end of February on the 25th, we have another um citizens advisory focus group meeting again from six to eight in the chambers. So just trying to keep you all apprised of the progress and the meetings, um, those citizens advisory focus group meetings. There's already a couple of you on that committee, but it is an open Brown Act meeting, so you're more than welcome to attend, and the public's welcome to attend as well. So that's it. Awesome. Thank you, Leah for your updates. Greatly appreciated. Kayla, is there anybody else who wishes to speak during this time? No. No, thank you, Kayla. We now move on to item D, which is consent calendar, including minutes. Would the commission like to remove any items for separate consideration? Commissioner Greggins. I'd like to pull item D2 for separate consideration. Do you want me to read this out or um go ahead and um I believe that you would need to um uh uh consider the minutes that are left, and then we will have our city attorney uh discuss she has some things she would like to say, as well as we do have, I believe Trevor on the line. They would like to be able to conf uh to talk about the changes that were made in D2. Regarding the Planning Commission meeting minutes of September 17, 2025. Do we have any comments or notes on those meeting minutes? We're approving everything by D2, correct? Yeah, D2 is gonna be um discussed. There's only two items, so you would just be um approving, make a motion to approve the consent the consent calendar uh without D2, and um of course consider that. I'll make a motion to approve the consent calendar without item D2. Commissioner Griggins. I'll make a second. We have a motion by Commissioner Show, a second by Commissioner Creggens to approve the consent calendar excluding item D2. We now move it to a vote. And that has passed unanimously, and then now our city attorneys will go into item D2 for further discussion or for further clarification on what was done, what was changed. Good evening, citizens and commissioners. Just to clarify, um the attachment B on item D2, the resolution to approve the vesting tentative subdivision map app map number 1332 had an incorrect uh typographical error resolution number. The correct resolution number is 4172. That's the only change that's been made from the posting post uh agenda packet, and it is a non-substantive change. So giving the understanding that the resolution um just had some numerical changes, we can now move forward with our commission commissioners reviewing uh and accepting and including item D2 for today. Excuse me, Chair. Um we did receive a request to speak form for item D2. Uh I call Robert DeLiner. Yeah, come on up, sir. What is the allotted time for discussion on three minutes? Yeah, okay. It's generally five unless there's multiple speakers and you'd like to reduce it to three. It's at your discretion. How much time do you need today, sir?

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