Report Prepared by: Matt Livingston, Assistant Planner, Development Services Department
Title
SUBJECT: Public Hearing - Vacation #24-02 - Initiated by Merced Security Storage, LLC, to Abandon an Undeveloped 10-Foot-Wide Storm Drain Easement at 1965 West Olive Avenue
REPORT IN BRIEF
Considers approving the vacation of an approximately 13,850-square-foot easement at 1965 West Olive Avenue, generally located on the north side of West Olive Avenue, approximately 815 feet east of North Highway 59.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2024-106, A Resolution of the City Council of the City of Merced, California, ordering the vacation of the 10-foot-wide easement along the eastern edge of 1965 West Olive Avenue, (approximately 13,850 square feet), which would revert development rights to the property owner of 1965 West Olive Avenue (Vacation #24-02).
Body
ALTERNATIVES
1. Approve as recommended by the Planning Commission and staff; or,
2. Approve, subject to modifications by the City Council; or,
3. Deny; or,
4. Refer back to staff for reconsideration of specific items (specific items to be addressed in the motion); or
5. Continue to a future meeting (date and time to be specified in motion).
AUTHORITY
Part 3, Chapter 3 of the Streets and Highways Code of the State of California authorizes the City Council to vacate a right-of-way or easement. The vacation shall be made by adoption of a resolution setting a public hearing pursuant to Section 8320 of the Streets and Highways Code and shall be recorded pursuant to Section 8325. The City of Merced Administrative Policies and Procedures No. A-6 provides direction to staff for processing vacation requests, and City Resolution 86-80 establishes a policy concerning costs associated with the vacation.
CITY COUNCIL PRIORITIES
Not applicable.
DISCUSSION
Request
The proposed vacation is located within a roughly 6-acre lot. The subject site is in the Planned Development (P-D) #12 zone. The area to be vacated is a 10-foot-wide strip of land that runs from the southern end of the parcel to the northern end of the parcel, (totaling approximately 13,850 square feet in size).
The easement was originally planned to be used as a storm drain line. The City of Merced’s Engineering and Public Works Departments have declared that the easement is no longer necessary, and that the land can be returned to the property owners as they intend on turning the site into a mini storage business.
History and Past Actions
The subject site (approximately 6 acres) was annexed into the City in 1970, as part of the Fahrens Creek Annexation which incorporated approximately 576.60 acres into the City limits. The land uses in the area included Light Industrial (I-L) to the east of the subject site and Low Density Residential (LDR) to the west of the subject site. The subject site was designated for Commercial Office (CO) to be a buffer between the industrial and residential uses. The approved mini-storage use was approved in 2023.
At the Planning Commission meeting of October 9, 2024, the Planning Commission reviewed the vacation for consistency with the City’s General Plan and found that the proposed vacation does not conflict with any General Plan policies, text, or maps, and is, therefore, consistent with the General Plan.
On October 21, 2024, the City Council adopted a Resolution of Intention and set November 18, 2024, as the date for the public hearing to consider Vacation #24-02 (see Attachment 4).
Recommendation
Staff recommends that this easement is no longer needed and should be abandoned to allow the property owners full use of their property.
IMPACT ON CITY RESOURCES
There would be no impact on City resources with this action.
ATTACHMENTS
1. Location Map
2. Legal Description
3. Vacation Map
4. City Council Resolution to set the Public Hearing for Vacation #24-02
5. Draft City Council Resolution for Vacation #24-02
6. Presentation