ORDINANCE NO. ---
AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF MERCED,
CALIFORNIA, ESTABLISHING A TEMPORARY
MORATORIUM ON STREET CLOSURES,
PURSUANT TO CALIFORNIA GOVERNMENT
CODE SECTION 65858
WHEREAS, California Government Code Section 65858 authorizes a city to adopt an interim ordinance as an urgency measure to protect the public health, safety, and welfare
related to general plan, specific plan or zoning code proposals being considered or studied within a reasonable time; and WHEREAS, the City regulates temporary street closures through provisions in its Merced Municipal Code and related policies, including a requirement that no new street closure request be considered within sixty ( 60) days of a prior authorization; and
WHEREAS, in recent months, the City's enforcement of these provisions, revealed the inconsistencies and gaps in the regulatory framework governing street closures; and
WHEREAS, the current regulatory structure does not distinguish between parades, community events, and private uses of the public right-of-way, resulting in administrative inefficiencies and inconsistent application; and WHEREAS, the lack of a coordinated framework creates a risk of overlapping closures that may impair traffic circulation, limit emergency vehicle access, and strain public safety resources; and
WHEREAS, continued approval or denial of requests under the existing framework would result in unsafe concentrations of closures or arbitrary decision making; and
WHEREAS, the prior inconsistent enforcement combined with unclear standards may expose the City to potential claims of unequal or arbitrary treatment; and
Attachment 1
A. No Material Adverse Impact.
The proposed street closure will not impair traffic circulation, emergency vehicle access, or public safety operations, and will not create conditions that would adversely affect the safe and coordinated use of the public right of-way.
B. Spacing and Concentration Controls.
The proposed closure will not occur within 30 days of another street closure in the same or adjacent area unless the City Manager makes a written determination that sufficient spacing exists to avoid an excessive concentration or cumulative impacts.
C. Operational Feasibility.
The proposed closure can be accommodated within existing City staffing, traffic control capacity, and public safety resources without creating strain on City operations by requiring extraordinary measures or reallocation of critical services.
D. Staff Review.
The closure has been reviewed and approved by the City's Planning, Police, Fire, Engineering and Public Works Divisions, including verification of emergency access and traffic control measures.
E. Written Determination.
Each administrative approval shall include written findings demonstrating compliance with this section and consistency with the public health, safety, and welfare.
SECTION 4.
This ordinance applies citywide except as otherwise provided.
SECTION 5.
This ordinance shall be in effect for forty-five ( 45) days unless extended.
SECTION 6.
The City shall study impacts and develop regulatory amendments during this moratorium.