RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA,
APPROVING THE APPEAL OF THE MERCED
PLANNING COMMISION APPROVAL OF
CONDITIONAL USE PERMIT #25-0006
WHEREAS, AT&T Mobility (AT&T) on behalf of the City of
Merced, property owner, applied for Conditional Use Permit #25- 0006 to construct a new 55 foot tall wireless communication tower in the form of a stealth mono-palm tree ("Wireless Communication Tower") at 3400 Parsons Avenue also known as Merced County Assessor's parcel number 006-150-002; and
WHEREAS, the Wireless Communication Tower is proposed to be located within a Low Density Residential (R-1-6) Zone of the City; and
WHEREAS, pursuant to Merced Municipal Code Land Use Table
20.58-2, a site plan review is required for a stealth wireless communication facility to be located within a designated R-1 Zone that is over 140% of the maximum height allowed by the Merced Municipal Code, however since the City of Merced's ("City") Site Plan Review Committee declined to approve AT&T's initial request administratively, a Conditional Use Permit was required to be issued by the Merced Planning Commission pursuant to Merced Municipal Code Section 20.58.050(C)(2); and
WHEREAS, Merced Municipal Code Chapter 20.58 Wireless
Communication Facilities adopted by the Merced City Council by Ordinance Number 2465 in 2016, among other things, provides the objective requirements all new wireless communication towers must comply with and those requirements are consistent with applicable federal regulations; and
WHEREAS, on May 7, 2025, the Merced Planning Commission approved Conditional Use Permit #25-0006, finding that there was substantial evidence within the record of its proceedings for Conditional Use Permit #25-0006 that the Wireless Communication X: \Resolutions\2025\City Attorney Resolution Approving Appeal of CUP #25-0006.docx ATTACHMENT 12
Tower did meet the requisite findings under Finding/Considerations A through L of the May 7, 2025, Staff Report #25-302; and WHEREAS, the Merced Planning Commission in making its
approval determination, considered all evidence contained in the record, including a report and presentation prepared by City Staff, City's Draft Environmental Review #25-0002, proposed conditions of approvals, required Merced Municipal Code findings, Wireless Communication Tower site plan and elevations, photo simulations of the Wireless Communication Tower, AT&T coverage map, radio frequency emission compliance report, AT&T alternative site analysis, oral and written public comments, as well as testimony from AT&T's designated representative; and
WHEREAS, Brenda Morgun, on May 10, 2025 appealed the Merced Planning Commission's approval of Conditional Use Permit #25- 0006; and
WHEREAS, on July 21, 2025 the Merced City Council held an appeal of Conditional Use Permit #25-0006 and considered all evidence in the record of Conditional Use Permit #25-0006 and took additional testimony from all interested parties on Conditional Use Permit #25-0006 pursuant to Merced Municipal Code Chapter 20.74 ("'Appeal Record"); and
WHEREAS, the Merced City Council after thorough consideration and evaluation of the Appeal Record, finds that there is not substantial evidence in the Appeal Record to overturn the Merced Planning Commission's approval of Conditional Use Permit #25-0006.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MERCED
DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS
FOLLOWS:
SECTION 1. That the City Council of the City of Merced based on the Appeal Record overturns the Merced Planning Commission's approval of Conditional Use Permit #25-0006 and denies Conditional Use Permit #25-0006.
X: Resolutions|2025\City Attorney Resolution Approving Appeal of CUP #25-0006.docx 2 PASSED AND ADOPTED by the City Council of the City of Merced at a regular meeting held on the _ _ day of 202_, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
APPROVED:
MATTHEW SERRATTO, MAYOR
Mayor
ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:
Assistant/Deputy City Clerk
(SEAL)
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
Go onwell 410/2025
X: \Resolutions\2025\City Attorney Resolution Approving Appeal of CUP #25-0006.docx 3