Report Prepared by: Francisco Mendoza-Gonzalez, Acting Principal Planner, Development Services Department
Title
SUBJECT: Public Hearing - General Plan Amendment #25-0001, Zone Change #25-0002, and Environmental Review #25-0006, Initiated by Stonefield Home, Inc., Applicant for TRS Enterprises, Inc., Property Owner. The General Plan Amendment Would Amend the General Plan Land Use Designation from Neighborhood Commercial (CN) to Low Density Residential (LD), and the Zone Change Would Change the Zoning Designation from Neighborhood Commercial (C-N) to Low Density Residential (R-1-5) for an Approximate Five (5) Acre portion of a Larger Site to Allow for the Development of Approximately Twenty-Seven (27) Single-Family Lots, Previously Approved for this Site, by Tentative Subdivision Map #1263 (“Crossing at River Oaks”). The Subject Site is Generally Located on the South Side of E. Childs Avenue, Approximately 780 Feet East of the Intersection of E. Childs Avenue and Coffee Street
REPORT IN BRIEF
Considers changing the General Plan land use designation from Neighborhood Commercial (CN) to Low Density Residential (LD), and the zoning classification from Neighborhood Commercial (C-N) to Low Density Residential (R-1-5), including the Environmental Review and Legislative Action Agreement for an approximately 5-acre site. The subject site is generally located south of East Childs Avenue, approximately 780 feet east of the intersection of E. Childs Avenue and Coffee Street.
In 2004, the City approved a housing subdivision on the project site as part of the “Crossing at River Oaks” development, which included 277 single-family homes. However, the site was never properly rezoned from commercial to residential. Despite this, the project has continued to receive permits to develop homes within this site.
This General Plan Amendment and Zone Change is being requested to address the missing entitlements and ensure that the lots/homes are no longer classified as legal non-conforming. A legal non-conforming status can create challenges for homeowners, such as difficulties in expanding their homes, or refinancing their properties.
Approving this General Plan Amendment and Zone Change would formally designate the site as residential, bring the subdivision into full compliance, and complete the approval process originally initiated in 2004.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2025-50, A Resolution of the City Council of the City of Merced, California, approving Environmental Review #25-0006 (Categorical Exemption) for General Plan Amendment #25-0001 and Zone Change #25-0002 for approximately 5.0 acres of land generally located on the south side of East Childs Avenue, approximately 780 feet east of Coffee Street, and approving General Plan Amendment #25-0001 for the same property changing the General Plan designation from Neighborhood Commercial (CN) to Low Density Residential (LD);and,
B. Introducing Ordinance 2579, An Ordinance of the City Council of the City of Merced, California, amending the official Zoning Map by rezoning approximately 5.0 acres of land generally located on the south side of East Childs Avenue, approximately 780 feet east of Coffee Street, from Neighborhood Commercial (C-N) to Low Density Residential (R-1-5); and,
C. Approving the Legislative Action Agreement and authorizing the City Manager to execute the necessary documents.
Body
ALTERNATIVES
1. Approve, as recommended by the Planning Commission and staff; or,
2. Approve subject to modifications as conditioned by City Council; or,
3. Deny; or,
4. Refer back to staff for reconsideration of specific items (to be addressed in the motion); or,
5. Continue to a future meeting (date and time to be specified in the motion).
AUTHORITY
Title 19 of the Merced Municipal Code outlines environmental review procedures and California Government Code Section 65358(a) grants authority to amend all or part of an adopted General Plan. Merced Municipal Code Section 20.80 - Zoning Ordinance Amendments, grants the City Council authority to approve a Zone Change.
CITY COUNCIL PRIORITIES
Not applicable.
DISCUSSION
Project Description
The project consists of a General Plan Amendment from Neighborhood Commercial (CN) to Low Density Residential (LD) and a Zone Change from Neighborhood Commercial (C-N) to Low Density Residential (R-1-5) to allow for the development of twenty-seven (27) single-family lots on approximately 5 acres, located south of East Childs Avenue, approximately 780 feet east of the intersection of East Childs Avenue and Coffee Street.
This undeveloped site was part of the 1993 Weaver Area Annexation (Ordinance No. 1913). Additionally, this project site was part of a larger area approved for the “Crossing at River Oaks” Tentative Subdivision Map (TSM) #1263 back in December 2004 (Attachment 3). This TSM was subject to several time extensions. All but this approximate five (5) acre portion of the property included in TSM #1263 is currently zoned R-1-5. This action serves to amend the land use designation and zoning on this portion to allow for the previously approved development of the twenty-seven (27) single-family lots.
Site Design
The project site was part of a larger area approved for the “Crossing at River Oaks” Tentative Subdivision Map (TSM) #1263 back in December 2004. The site plan for said approval is shown at Attachment 3.
Traffic/Circulation
The project consists of a General Plan amendment from Neighborhood Commercial (CN) to Low Density Residential (LD), and a Zone change from Neighborhood Commercial (C-N) to Low Density Residential (R-1-5) to allow for the development of twenty-seven (27) single-family lots on an approximate five (5) acre portion of (APN) 061-710-029. The subject site is located south of East Childs Avenue, approximately 780 feet east of the intersection of East Childs Avenue and Coffee Street. Vehicle access would be internal to the subdivision. However, the subdivision does have access off East Childs Avenue.
Vehicle Miles Traveled
The Office of Planning and Research (OPR) advisory suggests that the Vehicle-Miles Traveled (VMT) contribution of small projects need not be considered significant. OPR suggests that agencies can find projects generating fewer than 110 vehicles trips a day to be less than significant.
The Merced County Association of Governments (MCAG) recommends a daily trip threshold of 1,000 Average Daily Trips (ADT) be applied to projects that are consistent with the lead agency’s General Plan and a screening threshold of 500 ADT for projects that are not consistent with the lead agencies’ General Plan. Projects generating fewer daily trips than these thresholds would be eligible to be exempt from VMT analysis.
In this instance, the project includes a General Plan Amendment, and a zone change to allow for the development of twenty-seven (27) single-family lots, previously approved for this site through Tentative Subdivision Map #1263 (“Crossing at River Oaks”). MCAG data indicates, for the detached single-family residential land use, where the project requires a general plan amendment, a maximum of 53 dwelling units would be eligible to be exempt from VMT analysis. Therefore, this project would be exempt from VMT analysis.
Improvements
Any improvements required for this project, which is the development of twenty-seven (27) single-family lots, previously approved for this site, by Tentative Subdivision Map #1263 (“Crossing at River Oaks”) shall be per the Planning Commission Resolution #2792 (Attachment 4).
Neighborhood Impact
The subject site is surrounded by existing single-family and duplex uses on the north and approved single-family uses (currently under construction) to the south, east, and west. Further, the proposed Low Density Residential land use designation would have less of an impact that the existing Neighborhood Commercial land use designation as it is compatible with the surrounding single-family homes under construction.
Public hearing notices were sent to all property owners within 300 feet of the project site. At the time that this report was prepared, the city had not received any comments regarding this project (including during Planning Commission review).
Affordability Requirement
In 2023, the City Council updated the City’s Reginal Housing Needs Allocation Unit Production Plan. A housing affordability requirement is triggered by two qualifiers that need to be met: entitlement type and number of units created. For single-family residential developments, the affordability requirement is triggered by a legislative action agreement (through annexations, general plan amendments, site utilization plan revisions, or zone changes) for projects with over 60 single-family homes. However, as this five (5) acre project site was part of a larger area approved for the “Crossing at River Oaks” Vesting Tentative Subdivision Map (TSM) #1263 back in December 2004 (Attachment 4) and this TSM was subject to several time extensions. The Reginal Housing Needs Allocation Unit Production Plan does not apply.
Environmental Review
Infill projects over 5 acres or projects that don’t comply with Zoning/General Plan designations generally require an Initial Study, per the California Environmental Quality Act (CEQA). However, in this case, staff has determined that the project is covered by the “common sense” exemption that CEQA applies only to projects that have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is not possibility that the activity in question may have a significant effect on the environment the activity is not subject to CEQA.
The project does not have the potential to cause significant effect on the environment for the following reasons:
1) The project site is previously disturbed land, with no value as habitat for any endangered, rare, or threatened species.
2) The project site can be adequately served by all required utilities and public services.
3) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
4) The project site is not more than five (5) acres and will be surrounded by Low and Medium Density residential uses.
Background
In 2004, the City approved a housing subdivision on the project site as part of the “Crossing at River Oaks” development, which included 277 single-family homes. However, the site was never properly rezoned from commercial to residential. Despite this, the project has continued to receive permits for the homes within this site.
This General Plan Amendment and Zone Change is being requested to address the missing entitlements and ensure that the homes are no longer classified as legal non-conforming. Maintaining a legal non-conforming status can create challenges for homeowners, such as difficulties in expanding their homes or refinancing their properties.
Approving this General Plan Amendment and Zone Change would formally designate the site as residential, bring the subdivision into full compliance, and complete the approval process originally initiated in 2004.
Planning Commission Action
The Planning Commission reviewed this proposal during the Planning Commission Meeting of April 9, 2025. The Planning Commission voted to recommend approval to the City Council for the proposed General Plan Amendment and Zone Change by a vote of 7-0-0 (refer to Planning Commission Resolution #4154 at Attachment 5).
City Council Action
After the public hearing, staff recommends that the City Council adopt the Draft Resolution at Attachment 8 approving Environmental Review #25-0006 (Categorical Exemption) and General Plan Amendment #25-0001, introduce the Draft Ordinance at Attachment 9 approving Zone Change #25-0002, approve the Legislative Action Agreement at Attachment 10, and authorize the City Manager to execute the agreement.
IMPACT ON CITY RESOURCES
No appropriation of funds is needed.
ATTACHMENTS
1. Location Map
2. Proposed Land Use Changes
3. VTSM #1263 (Approved in 2024)
4. Planning Commission Resolution #2792 (Map approval from 2024)
5. Planning Commission Resolution #4154
6. Planning Commission Staff Report #25-257
7. Categorical Exemption
8. Draft City Council Resolution
9. Draft Ordinance
10. Legislative Action Agreement
11. Presentation