Report Prepared by: Jessie Lee, Development Services Technician II, Development Services Department
Title
SUBJECT: Public Hearing - Appeal #25-0002 of Planning Commission’s Approval of Conditional Use Permit #25-0006, Initiated by Brenda Morgun; This Application Involves a Request to Construct a 55-Foot-Tall Wireless Communication Tower in the Form of a Stealth Mono-Palm Tree at 3400 Parsons Avenue, Generally Located at the Northwest Corner of Brookdale Drive and Parsons Avenue, with a General Plan Designation of Open Space - Park Recreation (OS-PK), and a Zoning Classification of Low Density Residential (R-1-6)
REPORT IN BRIEF
Public hearing to appeal #25-0002 of the Planning Commission’s approval of Conditional Use Permit #25-0006 to construct a 55-foot-tall wireless communication tower in the form of a stealth mono-palm tree at 3400 Parsons Avenue; initiated by Brenda Morgun.
RECOMMENDATION
City Council - Adopt a motion:
For Project Denial
A. Adopting Resolution 2025-__, a Resolution of the City Council of the City of Merced, California, approving the Appeal of the Merced Planning Commission approval of Conditional Use Permit #25-0006; or,
For Project Approval
B. Adopting Resolution 2025-__, a Resolution of the City Council of the City of Merced, California, denying the Appeal of the Merced Planning Commission approval of Conditional Use Permit #25-0006; or,
For Project Continuation
C. Continuing the appeal to a specific date (to be spelled out in the Council motion).
Body
DISCUSSION
Background
Brenda Morgun is appealing the Planning Commission’s approval of Conditional Use Permit #25-0006 to construct a 55-foot-tall wireless communication tower in the form of a stealth mono-palm tree at 3400 Parsons Avenue (Location Map at Attachment 14, Site Plan at Attachment 15, and Elevations at Attachment 16). The proposed project is located at the northwest corner of Brookdale Drive and Parsons Avenue within the City’s Rahilly Park. Per Merced Municipal Code Land Use Table 20.58-2 - Review Procedures for Support Towers for Wireless Communication Facilities (Attachment 5), a site plan review is required for stealth facilities within an R-1 Zone that are over 140% of the maximum height allowed within this Zone, which is the applicant’s proposed height of 55 feet. However, because the Site Plan Review Committee referred this request to the Planning Commission (heard on May 7, 2025), the land use permit requirement became a conditional use permit (CUP).
The initial application for the stealth mono-palm telecommunication tower came in as Site Plan Review Application #25-0001 and was heard by the Site Plan Review Committee (made up of the Director of Development Services, Chief Building Official, and City Engineer or designees) on April 3, 2025 (Attachment 7). A public hearing notice was posted in the Merced County Times and mailed to immediately adjacent property owners as required by MMC 20.68.050(E) for Site Plan Review applications adjacent to residential properties. Staff received 3 emails in opposition to the project. During the site plan review public hearing, there were 5 speakers from the audience in opposition to the project. The Site Plan Review Committee voted unanimously to refer Environmental Review #25-0002 and Site Plan Review #25-0001 to the Planning Commission for final review and decision per MMC 20.68.050 (C)(2).
On May 7, 2025, the Planning Commission considered this matter at a public hearing and acted by a unanimous vote to approve Conditional Use Permit #25-0006 and Environmental Review #25-0002 based on the project meeting the City’s Municipal Code requirements regarding Wireless Communication Facilities Findings (Finding K at Attachment 4) per Planning Commission Resolution #4155 (Attachment 3). Staff also received a petition with approximately 51 signatures found within Attachment 8. There were 7 speakers in opposition and 1 speaker in favor of the project.
Brenda Morgun appealed the Planning Commission’s action on May 10, 2025, and provided the letter of appeal at Attachment 1. For additional information about the proposed project see Planning Commission Staff Report #25-302 (Attachment 4), for public comments received on the project for Site Plan Review, Planning Commission, and City Council as of July 14, 2025, see Attachment 8.
City Council Action
To approve the project the Council may adopt the resolution at Attachment 13 (denying the appeal). To deny the project the Council may adopt the resolution at Attachment 12 (approving the appeal).
ATTACHMENTS
1. Letter of Appeal from Brenda Morgun
2. Planning Commission Meeting Minute Excerpt (May 7, 2025)
3. Planning Commission Resolution #4155 (Approval)
4. Planning Commission Staff Report #25-302 (CUP #25-0006)
5. Zoning Ordinance 20.58 - Wireless Communication Facilities
6. Draft Site Plan Resolution
7. Site Plan Committee Minute Excerpt of April 3, 2025
8. Public Comments Redacted from Site Plan Review Meeting April 3, 2025, Planning Commission Meeting of May 7, 2025, and City Council Meeting of July 21, 2025.
9. Public Hearing Notice Map for Appeal of Planning Commission’s Approval of Conditional Use Permit #25-0006
10. Leader of Opposition Presentation
11. Presentation
12. Proposed Resolution to Approve Appeal
13. Proposed Resolution to Deny Appeal
14. Location Map
15. Site Plan
16. Elevations