Merced Civic Center
678 W. 18th Street
Merced, CA 95340
CITY OF MERCED
Minutes
Planning Commission
7:00 PMWednesday, March 3, 2021
A. CALL TO ORDER
Chairperson HARRIS called the Regular Meeting to order at 7:00 PM Clerk's Note: The meeting was held via teleconference per Governor Newsom's Executive Order N-29-20 and roll call votes were taken.
A.1. Moment of Silence
A.2. Pledge of Allegiance to the Flag
Commissioner CAMPER led the Pledge of Allegiance to the Flag.
B. ROLL CALL
Clerk's Note: The Planning Commission has one vacancy at the time.
Chairperson Michael Harris, Stephanie Butticci, Dorothea White, Jose Delgadillo, and Vice Chair Mary Camper
Present: 5 -
Robert DylinaExcused: 1 -
Absent: 0
C. ORAL COMMUNICATIONS
There were no public comments.
D. CONSENT CALENDAR
D.1 SUBJECT: Planning Commission Minutes of February 17, 2021 ACTION:
Approving and filing the Planning Commission Minutes of February 17, 2021
A motion was made by Member Delgadilo, seconded by Member White, to approve the Consent Calendar. The motion carried by the following vote:
March 3, 2021Planning Commission Minutes
Aye: Harris
Butticci
White
Delgadillo
Camper
5 -
No: 0
Absent: Dylina1 -
E. PUBLIC HEARINGS AND ACTION ITEMS
E.1 SUBJECT: Extension of Vesting Tentative Subdivision Map (VTSM) #1291 (modified), initiated by Bright Development. This application involves a request for a one -year extension of time for filing a final map for VTSM # 1291 (modified). VTSM # 1291 (modified) would allow the subdivision of 39.8 acres of land into 161 single-family lots generally located on the east side of G Street at Merrill Place (extended) within an R -1-5 zone with a General Plan designation of Low Density Residential (LD). **PUBLIC HEARING**
ACTION
Approve/Disapprove/Modify
Extension of Vesting Tentative Subdivision Map
(VTSM) #1291 (modified)
SUMMARY
This is a request for a one-year extension of Vesting Tentative Subdivision Map (VTSM) #1291 (modified) for Bright Development. This subdivision would allow the construction of 161 single-family lots on 39.8 acres within an R-1-5 zone. The requested extension would extend the life of the map to January 16, 2022, per the Draft Modified Resolution at Attachment A.
RECOMMENDATION
Planning staff recommends that the Planning Commission approve the Extension of Vesting Tentative Subdivision Map (VTSM) #1291 to January 16, 2022.
Senior Planner NELSON reviewed the report on this item. For further information, refer to Staff Report # 21-145. Staff also received one public comment from RICK TELEGAN expressing concerns about the project prior to the meeting. The public comment was provided to the Planning Commission via email. (Members of the public were given the opportunity to leave email and voicemail messages as well prior to the meeting).
Public testimony was opened at 7:21 PM
March 3, 2021Planning Commission Minutes
Speakers Via Teleconference in Favor:
David Butz, Bright Development, Merced
There were no speakers in opposition to the project.
Public testimony was closed at 7:22 PM
A motion was made by Member White, seconded by Vice Chair Camper, to approve the Extension of Vesting Tentative Subdivision Map (VTSM) #1291 to January 16, 2022. The motion carried by the following vote:
Aye: Harris
Butticci
White
Delgadillo
Camper
5 -
No: 0
Absent: Dylina1 -
F. INFORMATION ITEMS
F.1 SUBJECT: Report by Planning Manager of Upcoming Agenda Items ACTION
Information only.
Planning Manager ESPINOSA went over items for the next several Planning Commission meetings.
F.2 SUBJECT: Calendar of Meetings/Events
Mar.1 City Council, 6:00 p.m. (By Teleconference)
3 Planning Commission, 7:00 p.m. (By Teleconference)
15 City Council, 6:00 p.m. (May be by Teleconference)
17 Planning Commission, 7:00 p.m. (By Teleconference)
Apr. 5 City Council, 6:00 p.m. (May be by Teleconference) 7 Planning Commission, 7:00 p.m. (By Teleconference)
19 City Council, 6:00 p.m. (May be by Teleconference)
21 Planning Commission, 7:00 p.m. (By Teleconference)
27 Bicycle/Pedestrian Advisory Commission, 4:00 p.m. (By Teleconference)
G. ADJOURNMENT
March 3, 2021Planning Commission Minutes
Clerk's Note: The Regular Meeting adjourned at 7:32 PM
A motion was made by Member Delgadillo, seconded by Member Camper, to adjourn the Regular Meeting. The Motion carried by the following vote:
Aye: Harris
Butticci
White
Delgadillo
Camper
5 -
No: 0
Absent: Dylina1 -
APPROVAL UPHELD by City Council on
June 3, 2019
CITY OF MERCED
Planning Commission
Resolution #2904
WHEREAS, the Merced City Planning Commission at its regular meeting of November 8, 2006, held a public hearing and considered Vesting Tentative Subdivision Map #1291 (“Bright Development”), initiated by Golden Valley Engineering, applicants for Bright Homes Corpo ration, property owner, to allow the subdivision of 39.8 acres into 168 single-family residential lots. The area is located east of G Street, and ¼ mile north of Cardella Road within an R-1-5 (Low Density Residential, 5,000- square-foot lot minimum) pre-zo ne; also known as Assessor’s Parcel No. 061-030-017 and -038; and,
WHEREAS, the Merced City Planning Commission does not concur with Findings A through V of Staff Report #06 -41 – 4
th Addendum, and finds as
follows in additional Finding W:
“W. During their testimony during the public hearing, the project applicants indicated that they wanted changes to Condition Numbers 2, 16, 20, & 21 and the deletion of Condition #29. Planning staff indicated that these changes were not recommended since they appeared to be in conflict with the Voting Rights Act and the adopted Pre -Annexation Development Agreement signed by the applicants. The Planning Commission reviewed various documents regarding the Annexation Agreement and the City Attorney clarified the delay with the recordation of the annexation pending required pre-clearance under the Voting Rights Act.
“At that time, the Commission indicated that they didn't feel they had enough information to make a decision to approve the project at this point a nd they did not want to contradict the previous agreements.
However, the applicants had asked that a decision be made at this meeting due to the previous continuances. Given the above, the Planning Commission voted to deny the applications and informed the applicants that they could appeal their decision to the City Council.”
WHEREAS, after reviewing the City’s Initial Study and Draft Environmental Determination, and fully discussing all the issues, the Merced City Planning AMENDED by City Council on 1/16/07 – Pg 3
Extended on 7/15/08, 7/15/09, 7/15/11, 7/11/13,
10/10/15, 4/3/2019, 2/19/2020, and 3/3/2021–
See Pages 9-15
AMENDED by Planning Commission on
6/6/18 – see pg. 10
MODIFIED by Planning Commission on
10/3/18 –see pg. 3-13
PLANNING COMMISSION RESOLUTION #2904
November 8, 2006 / January 16, 2007/ August 3, 2010/ July 15, 2011/ July 11, 2013 /
October 10, 2015/ June 6, 2018/0ctober 3, 2018 /April 3, 2019/ June 3, 2019/ February 19, 2020/Mar ch 3, 2021
Commission does resolve to hereby deny Vesting Tentative Subdivision Map # 1291.
Upon motion by Commissioner Amey, seconded by Commissioner Burr, and carried by the following vote:
AYES:
NOES:
ABSENT:
Commissioners Acheson, Amey, Burr, and Chairman
Shankland
Commissioner Ward
Commissioners Conte and Fisher
Adopted this 8th day of November, 2006
ATTEST:
C7 Secretary
Chairman, Planning Commission of
the City of Merced, California
n:shared:planning:PC Resolutions:#2904 VTSM #1291 Bright Development PLANNING COMMISSION RESOLUTION #2904
November 8, 2006/January 16, 2007/July 15, 2008/July 15, 2009/July 15, 2011/July 11, 2013/Oct. 10, 2015/June 6, 2018/Oct. 3, 2018/April 3, 2019/June 3, 2019/ February 19, 2020/ March 3, 2021
January 16, 2007: At their regularly scheduled City Council meeting of January 16, 2007, the City Council considered the Applicant’s appeal of the Planning Commission Denial of Vesting Tentative Subdivision Map #1291 (“Bright Development”) and took the following action:
Upon Motion by Council Member Gabriault- Acosta, Seconded by Council Member Pollard, duly carried, resolved, to approve Findings A through S, finding that
the previous environmental review [Expanded Initial Study #04- 02 (Mitigated Negative Declaration) for the Absolute/Leeco Annexation] remains sufficient and no further documentation is required (Subsequent EIR/ND Section 15162 Findings), and approves Vesting Tentative Subdivision Map Application No. 1291 (“Bright Development”), subject to the amended conditions as recommended by Staff to the Planning Commission on November 8, 2006, and modification of Condition #21 of Staff Report No. 06-42 – 4
th Addendum, as follows:
1. The proposed project shall be constructed/ designed as shown on Exhibit 1 (Proposed Vesting Tentative Map) - Attachment C, subject to the listed conditions.
2. All conditions contained in Resolution #1175- Amended ("Standard Tentative Subdivision Map Conditions") shall apply, as well as conditions and mitigation measures spelled out in the Pre -Annexation Development Agreement for Absolute/Leeco Annexation (including the need to comply with the 6-minute emergency response time in the Pre-Annexation Development Agreement), adopted April 17, 2006, and any subse quent amendments (see Attachment F for mitigation measures).
3. The proposed project shall comply with all standard Municipal Code (including R -1-5 design standards) and Subdivision Map Act requirements as applied by the City Engineering Department.
4. All other applicable codes, ordinances, policies, etc., adopted by the City of Merced shall apply.
Modified
by PC on
10/3/18.
See pg. 11
PLANNING COMMISSION RESOLUTION #2904
November 8, 2006/January 16, 2007/July 15, 2008/July 15, 2009/July 15, 2011/July 11, 2013/Oct. 10, 2015/June 6, 2018/Oct. 3, 2018/April 3, 2019/June 3, 2019/ February 19, 2020/ March 3, 2021
5. Community Facilities District (CFD) formation is required for annual operating costs for police and fire services as well as storm drainage, public landscaping, s treet trees, street lights, parks and open space.
CFD procedures shall be initiated before final map approval.
Developer/Owner shall submit a request agreeing to such a procedure, waiving right to protest and post deposit as determined by the City Engineer to be sufficient to cover procedure costs and maintenance costs expected prior to first assessments being received.
6. The developer/applicant shall indemnify, protect, defend, and hold harmless the City, and any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof, from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof to attack, set aside, void, or annul, an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board, or legislative body, including actions approved by the voters of the City, concerning the project and the approvals granted herein. City shall promptly notify the developer/applicant of any claim, action, or proceeding. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, the developer/applicant shall not thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, officials, employees, or agents.
7. The developer/applicant shall construct and operate the project in strict compliance with the approvals granted herein, City standards, laws, and ordinances, and in compliance with all State and Federal laws, regulations, and standards. In the event of a conflict between City laws and standards and a State or Federal law, regulation, or standard, t he stricter or higher standard shall control.
8. Street names to be approved by City Engineer.
PLANNING COMMISSION RESOLUTION #2904
November 8, 2006/January 16, 2007/July 15, 2008/July 15, 2009/July 15, 2011/July 11, 2013/Oct. 10, 2015/June 6, 2018/Oct. 3, 2018/April 3, 2019/June 3, 2019/ February 19, 2020/ March 3, 2021
9. Dedicate, by Final Map, all interior street rights- of-way and all necessary easements and as needed for irrigation, utilities, drainage, landscaping, and open spa ce, including any right -of-way necessary to reflect the modified alignment of the north- south oriented collector road in the eastern portion of the project located adjacent to the park and linear open space corridor.
10. Developer shall design storm drainage with consideration as to whether the shared pump station pumping rate can or needs to be constructed in phases. Developer shall share costs of pump station with the subdivision to the north (“Palisades Park”) if j oint use occurs, or if pump station is necessary. Storm drainage shall comply with City Storm Drainage Master Plan.
11. Developer shall design sanitary sewer with consideration as to whether the shared pump station pumping rate can or needs to be constructed in phases. Developer shall share costs of pump station with the subdivision to the north (“Palisades Park”) if joint use occurs, or if pump station is necessary.
12. Dedicate additional G Street right- of-way and easements to match Merced Vision 2015 General Plan requirements for 128 -foot wide arterial, plus landscape and public facilities easements of 15- feet in width, including the construction of a 6-foot high masonry w all.
Consistent with Planning Commission Resolution #2871 (Absolute Leeco Annexation), all of “G” Street within the annexation boundary shall be constructed at the time of improvements for the first tentative map, along with all other requirements listed in Condition #7 of said Resolution.
13. Dedicate additional right-of-way and easements along the northern half of Merrill Avenue to match Merced Vision 2015 General Plan requirements for 74 -foot wide collector (37-feet of ROW), plus landscape and public facilities easements varying from 10-feet to 12- feet in width, including the construction of a 6-foot high masonry wall along the northern portion of the roadway. These improvements shall Modified
by PC on
10/3/18.
See pg. 11
Modified
by PC on
10/3/18.
See pg. 11
Modified by
PC on
10/3/18. See
pg. 11
Modified by
PC on
10/3/18. See
pg. 11
PLANNING COMMISSION RESOLUTION #2904
November 8, 2006/January 16, 2007/July 15, 2008/July 15, 2009/July 15, 2011/July 11, 2013/Oct. 10, 2015/June 6, 2018/Oct. 3, 2018/April 3, 2019/June 3, 2019/ February 19, 2020/ March 3, 2021
terminate at the northeast corner of the intersection of Merrill Avenue and “K” Drive as indicated on the Tentative Map.
14. Provide for City review and approval of landscape/irrigation plans, prepared by a licensed landscape architect, for all areas of landscaping that are to be maintained by City.
15. Compliance with the 40-foot visual corner is required for corner l ots (approximately 20 lots), and may result in the applicant constructing smaller homes on these lots or increasing the front yard setbacks. A 4- foot encroachment for the porch area can be allowed within this area.
Details to be worked out with staff.
16. The effective date of this tentative map approval shall be the effective date of the final annexation for Absolute/Leeco. (Annexation to the City has not yet been finalized and is subject to pre-clearance under the Voting Rights Act before the Annexation can become effective.)
17. The proposed Community Park shall be designed for park and recreational use only. Basin or storm -water retention allowed within this park shall be consistent with the Park Master Plan. All bike trails within the linear park shall be a minimum width of 10-12 feet as per the Park Master Plan.
18. Refuse containers shall be stored out of site of the general public, including those homes located on the private driveways. A concrete pad (3 x 6 foot minimum) shall be installed in the side or back yard of each unit to house refuse containers with a paved path to the street.
19. There shall be no valley (cross) gutters installed within this subdivision.
20. Merrill Avenue shall be constructed to include a paved travel lane that is 23.5 feet wide curb-to-curb, with a 6-inch vertical asphalt curb along the south boundary line. The north side of Merrill Avenue will need to include curb and gutter, park strip, and a 5-foot sidewalk. Developer PLANNING COMMISSION RESOLUTION #2904
November 8, 2006/January 16, 2007/July 15, 2008/July 15, 2009/July 15, 2011/July 11, 2013/Oct. 10, 2015/June 6, 2018/Oct. 3, 2018/April 3, 2019/June 3, 2019/ February 19, 2020/ March 3, 2021
shall construct the roadway prior to issuance of the first certificate of occupancy. Developer shall complete the intersection of Foothill Drive and G Street by expanding the intersection to a 4- way, signalized intersection prior to the issuance of the 50
th building permit. This
includes a median at the intersection of G Street and Merrill Avenue.
The Developer shall coordinate the design of this roadway, to the extent feasible, with the adjoining property owner to the south.
21. The drainage basins along the PG&E power-line easements and within the neighborhood park/basins shall be designed in an open manner with no barriers, fences, etc., hindering their use as open space. All basins will need to be constructed and functional with City acceptance prior to issuance of the first certificate of occupancy. The linear and neighborhood parks will need to be transferred to the City of Merced per the terms of the Pre-Annexation Development Agreement.
22. The secondary access point shall be located at the intersection of Foothill Drive and G Street. The secondary access point shall be installed prior to the issuance of the 1st certificate of occupancy permit.
23. City staff encourages and recommen ds the applicant to seek a water agreement with Merced Irrigation District for the usage of non-potable water for the use of irrigation of the City Landscaped areas such as Park-Strips, Parks, and any other area where non-potable water is allowed to be used and is approved by the Public Works Director.
24. The street tree and street light locations shall be approved by City Staff prior to approval of the first Final Map.
25. The cul -de-sac bulb, ‘J’ Court, shall be open-end style including sidewalk connectors to adjacent linear parks (within the PG&E easement) and local streets and walls from back- of-house to back -of- house. The linear park and PG&E Easement shall be designed in an open manner, with no fences or othe r hindrances that would impede pedestrian accessibility of both easements as they intersect with each other and ‘J’ Court.
Modified by
PC on
10/3/18. See
pg. 12
Modified
by PC on
10/3/18.
See pg. 12
PLANNING COMMISSION RESOLUTION #2904
November 8, 2006/January 16, 2007/July 15, 2008/July 15, 2009/July 15, 2011/July 11, 2013/Oct. 10, 2015/June 6, 2018/Oct. 3, 2018/April 3, 2019/June 3, 2019/ February 19, 2020/ March 3, 2021
26. The cul-de-sac bulb labeled as ‘D’ Court shall be designed with park- strips due to its extended length.
27. City utility service (water and sewer) connections shall be located under the driveway for each lot that faces a City street. Water lines are privately owned and maintained between the meter and the home.
Sewer lines are privately owned and maintained from the point of connection to the City-owned main sewer line.
28. Fire Hydrants to be provided and spaced in accordance with City of Merced standards. The maximum spacing between hydrants is 500 feet. Due to width issues of G Street, fire hydrants will need to be placed along the east side of this arterial roadway. The number and placement of fire hydrants to be worked out with the Fire Department.
29. The following design features shall be added to the elevations for the homes throughout the subdivision:
a. Garages Doors: Design features such as windows and door molds, or driveway pavement treatments, such as aggregate, integral color, and stamped patterns, shall be added. These designs shall be varied from one lot to the other.
b. Front Elevations:
i. All proposed elevations show stucco as the primary
building facia material. At least one of the plans shall be amended to show wood siding as the primary facia
material, or stone or brick panels (approximately 3 feet high) along the bottom of the facia as a required element, not an option.
ii. Each elevation is to be evenly distributed throughout the site. Prior to submittal of building permits, the applicant shall provide the Development Services Director with a
Deleted by
PC on
10/3/18.
PLANNING COMMISSION RESOLUTION #2904
November 8, 2006/January 16, 2007/July 15, 2008/July 15, 2009/July 15, 2011/July 11, 2013/Oct. 10, 2015/June 6, 2018/Oct. 3, 2018/April 3, 2019/June 3, 2019/ February 19, 2020/ March 3, 2021
“distribution plan” showing the: house plan elevation,
color, roof material, porch design, and garage
door/pavement design selected for each lot. In no case, shall any more than two adjacent lots in a row have the same elevation.
iii. Blank rear and side elevations visible from a street are not permitted. The elevation shall include functional features (windows and doors, or be adorned with attractive features in addition to landscaping).
iv. The color palette for houses shall be varied (at least 6 distinct sets of colors) and be consistent with the style of the house.
v. High quality aesthetically pleasing materials (wood, stone, iron, pre-formed plastic fencing, etc.) shall be used.
BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: SPRIGGS, CORTEZ, GABRIAULT -
ACOSTA, POLLARD, SANDERS, WOOTEN
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: OSORIO
July 15, 2008/July 15, 2009: On July 15, 2008, the State of California gave a one -year extension to all active (not expired) tentative maps that were otherwise scheduled to expire on or before December 30, 2010. On July 15, 2009, the State of California gave a second, two- year extension. Therefore, this Tentative Map #1291 hereby has its expiration date extended to January 16, 2012.
July 15, 2011: On July 15, 2011, the State of California gave a 24-month extension to all active (not expired) tentative maps that were otherwise scheduled to expire on or before January 1, 2014. Therefore, Vesting PLANNING COMMISSION RESOLUTION #2904
November 8, 2006/January 16, 2007/July 15, 2008/July 15, 2009/July 15, 2011/July 11, 2013/Oct. 10, 2015/June 6, 2018/Oct. 3, 2018/April 3, 2019/June 3, 2019/ February 19, 2020/ March 3, 2021
Tentative Subdivision Map #1291 hereby has its expiration date extended to January 16, 2014.
July 11, 2013: On July 11, 2013, the State of California gave a 24-month extension to all active (not expired) tentative maps that were appr oved on or after January 1, 2000. Therefore, Vesting Tentative Subdivision Map #1291 hereby has its expiration date extended to January 16, 2016.
October 10, 2015: On October 10, 2015, the State of California gave a 24- month extension to all active (not expired) tentative maps that were approved on or after January 1, 2002, and not later than July 11, 2013. Therefore, Vesting Tentative Subdivision Map #1291 hereby has its expiration date extended to January 16, 2018.
June 6, 2018: At their regularly scheduled meeting of June 6, 2018, the Planning Commission approved the Extension of Vesting Tentative map #1291 (“Bright Homes”) for one year (to January 16, 2019), subject to the following additional conditions:
30. A revised vesting tentative map shall be submitted within 60 days of the date this extension is granted. The revised map shall include the following:
a. All lots shall be on property owned by the applicant. b. All roads through the subdivision shall be on property owned by the applicant.
c. Access from Merrill Place into the subdivision on Palisades Drive shall be on property owned by the applicant or the right- of-way must have been dedicated to the City of Merced prior to submitting the revised map.
31. If after 60 days the above conditions have not been met, Vesting Tentative Map #1291 will automatically expire.
Upon motion by Commissioner PADILLA, seconded by Commissioner COLBY, and carried by the following vote:
PLANNING COMMISSION RESOLUTION #2904
November 8, 2006/January 16, 2007/July 15, 2008/July 15, 2009/July 15, 2011/July 11, 2013/Oct. 10, 2015/June 6, 2018/Oct. 3, 2018/April 3, 2019/June 3, 2019/ February 19, 2020/ March 3, 2021
AYES: Commissioners Alshami, Camper, Colby, Martinez, Padilla, and Chairperson Dylina
NOES: None
ABSENT: None, (One vacancy)
ABSTAIN: None
October 3, 2018: At their regularly scheduled meeting of October 3, 2018, the Planning Commission approved the modifications to Vesting Tentative map #1291 (“Bright Homes”) subject to the conditions contained within this resolution, including modifications to Conditions #1, #10, #11, #12, #13, #22, and #25, the deletion of Condition #26, and the addition of Conditions #32 through #44. :
1. The proposed project shall be constructed/ designed as shown on Exhibit 1 [Proposed Vesting Tentative Map #1291 (Modified)] - Attachment C of Staff Report #18 -29, except as modified by the conditions.
10. Developer shall design storm drainage with consideration as to whether the shared pump station pumping rate can or needs to be constructed in phases. Developer shall share costs of pump station with the property owner to the north, if joint use occurs, or if pump station is necessary.
Storm drainage shall comply with City Storm Drainage Master Plan.
11. Developer shall design sanitary sewer with consideration as to whether the shared pump station pumping rate can or needs to be constructed in phases.
12. Dedicate additional G Street right- of-way and easements to match Merced Vision 2030 General Plan requirements for a 128-foot wide arterial, plus an additional 15 feet of right-of-way to accommodate the required landscape area, block wall, and utilities. A 7- foot-tall block wall shall be constructed along the project’s frontage on G Street.
Consistent wi th Planning Commission Resolution #2871 (Absolute Leeco Annexation), all of “G” Street within the annexation boundary shall be constructed at the time of improvements for the first tentative PLANNING COMMISSION RESOLUTION #2904
November 8, 2006/January 16, 2007/July 15, 2008/July 15, 2009/July 15, 2011/July 11, 2013/Oct. 10, 2015/June 6, 2018/Oct. 3, 2018/April 3, 2019/June 3, 2019/ February 19, 2020/ March 3, 2021
map, along with all other requirements listed in Condition #7 of said Resolution.
13. Dedicate additional right-of-way and easements along the northern half of Merrill Avenue to match Merced Vision 2030 General Plan requirements for 74-foot wide collector (37 -feet of ROW), an additional 10 feet of right- of-way to accomm odate the required landscape area, block wall, and utilities. A 7-foot -tall wall shall be constructed along the project’s frontage on Merrill Avenue (Place). The block wall may be constructed in phases consistent with the tentative map. All of the land req uired for this development’s share of Merrill Avenue (Place) shall be dedicated with the first final map.
22. Secondary access to the subdivision shall be provided by a Temporary Emergency Vehicle Access easement constructed between Lots 1 and 15 of Modified Tentative map #1291 to be maintained by the CFD.
25. The linear park and PG&E Easement shall be designed in an open manner, with no fences or other hindrances that would impede pedestrian accessibility.
32. At the time of Final Map, all references to a “PFE” (Public Facilities Easement) shall be changed to reflect the actual purpose of the easement. For example, if the easement is for utilities and a block wall, the easement should be labeled as a PUE (Public Utilities Easement) and Block Wall easement.
33. The Emergency Vehicle Access (EVA) is allowed on G Street as a temporary access only. The design of the EVA shall be approved by the Fire, Engineering, and Planning Departments. Pedestrian access should be implemented into the EVA.
34. Once Palisades Drive and Foothill Drive are constructed which provides secondary access into the subdivision, the EVA shall be abandoned at the owner’s expense.
35. All easements shall be large enough to provide room for all utilities without utilities being placed underneath the City sidewalk.
PLANNING COMMISSION RESOLUTION #2904
November 8, 2006/January 16, 2007/July 15, 2008/July 15, 2009/July 15, 2011/July 11, 2013/Oct. 10, 2015/June 6, 2018/Oct. 3, 2018/April 3, 2019/June 3, 2019/ February 19, 2020/ March 3, 2021
36. The Tentative Map shows the EVA as “Lot A” and the 3.10 acres at the eastern edge of the subdivision as “Lot A”. This shall be corrected on the final map so that there is no duplication of the lot designations.
37. Access to Lot A (at the eastern edge of the subdivision) as shown on VTSM #1291 (Modified) shall be provided from this subdivision. The exact location of the access point shall be determined when development occurs on Lot A.
38. The location of the pump station shown on the park/basin parcel is not approved. The exact location of the pump station will be determined prior to the first final map.
39. The cul-de-sacs at Court E and Court L shall be open-ended cul-de-sacs providing access to F Street.
40. The owner shall work with the City of Merced to obtain the additional right of way needed for the southern portion of Merrill Place.
41. The area shown as Lot A for the Emergency Vehicle Access on the tentative map shall be re-labeled due to duplication with the area to the east of the subdivision also shown as Lot A.
42. The Emergency Vehicle Access (EVA) Easement area shall be dedicated to the City. If sewer and water main lines are to be placed this area, a public utilities easement shall be maintained upon vacation of the EVA.
43. The EVA area may remain open to allow pedestrian access to the subdivision from G Street if the developer desires to do so after it is no longer needed as an EVA. However, if the pedestrian access is not maintained or problems arise with the use of the access area, it shall be the responsibility of the developer/subdivider to install the block wall in this area.
44. “F” Street shall have a 94-foot -wide right-of-way to include the 74- foot-wide collector road and a 10- foot-wide easement. All walls, landscaping, and utilities shall be included in this easement area.
Upon motion by Commissioner PADILLA, seconded by Commissioner HARRIS, and carried by the following vote:
PLANNING COMMISSION RESOLUTION #2904
November 8, 2006/January 16, 2007/July 15, 2008/July 15, 2009/July 15, 2011/July 11, 2013/Oct. 10, 2015/June 6, 2018/Oct. 3, 2018/April 3, 2019/June 3, 2019/ February 19, 2020/ March 3, 2021
AYES: Commissioners Camper, Drexel, Harris, Padilla, Rashe, and Chairperson Dylina
NOES: None
ABSENT: Commissioner Martinez
ABSTAIN: None
April 3, 2019: At their regularly scheduled meeting of April 3, 2019 , the Planning Commission approved the Extension of Vesting Tentative M ap #1291 (“Bright Homes”) for one year (to January 16, 2020).
Upon motion by Commissioner PADILLA, seconded by Commissioner HARRIS, and carried by the following vote:
AYES: Commissioners Drexel, Harris, Martinez, Padilla, Rashe, and Chairperson Dylina
NOES: None
ABSENT: Commissioner Camper
ABSTAIN: None
June 3, 2019: At their regularly scheduled City Council meeting of June 3, 2019, the City Council considered the Appeal to the Planning Commission’s decision to approve the Extension of Vesting Tentative Map #1291 (“Bright Homes”) by Rick Telegan and denied the appeal with the following vote:
AYES: COUNCIL MEMBERS: BLAKE, ECHEVARRIA,
MARTINEZ, MURPHY, SERRATTO, SHELTON
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MCLEOD
PLANNING COMMISSION RESOLUTION #2904
November 8, 2006/January 16, 2007/July 15, 2008/July 15, 2009/July 15, 2011/July 11, 2013/Oct. 10, 2015/June 6, 2018/Oct. 3, 2018/April 3, 2019/June 3, 2019/ February 19, 2020/ March 3, 2021
February 19, 2020 : At their regularly scheduled meeting of February 19, 2020, the Planning Commission approved the Extension of Vesting Tentative Map #1291 (“Bright Homes”) for one year (to January 16, 2021).
Upon motion by Commissioner DYLINA, seconded b y Commissioner DELGADILLO, and carried by the following vote:
AYES: Commissioners Butticci, Camper, Delgadillo, Dylina, White, and Chairperson Harris
NOES: None
ABSENT: Commissioner Rashe
ABSTAIN: None
March 3, 2021: At their regularly scheduled meeting of March 3, 2021, the Planning Commission approved the Extension of Vesting Tentative M ap (VTSM) #1291 (“Bright Homes”) f or one year or to January 16, 202 2, in accordance with additional Findings A through E of Staff Report #21-145.
Upon motion by Commissioner WHITE , seconded by Commissioner CAMPER, and carried by the following vote:
AYES: Commissioners Butticci, Camper, Delgadillo, White, and Chairperson Harris
NOES: None
ABSENT: Commissioner Dylina (one vacancy)
ABSTAIN: None