Report Prepared by: Julie Nelson, Senior Planner, Development Services Department
Title
SUBJECT: Public Hearing (Continued) - Vacation #23-01 and #23-02 - Initiated by Rhino Holdings, LLC, to Vacate a Portion of Right-of-Way on the South Side of Main Street Between R Street and T Street and Reserving an Easement for Public Improvements
REPORT IN BRIEF
Considers adopting a Resolution to order the vacation of a portion of right-of-way on the south side of Main Street between R Street and T Street and reserving an easement for public improvements.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2023-68, a Resolution of the City Council of the City of Merced, California, Ordering the Vacation of a Portion of Right-of-Way on the South Side of Main Street Between R Street and T Street and Reserving an Easement for Public Improvements (Vacation #23-01 and #23-02).
Body
ALTERNATIVES
1. Approve as recommended by 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
Government Code Section 66477.5 (c) specifies the procedures for vacating land previously dedicated for public use, such as for parks and other public facilities. The City of Merced Administrative Policies and Procedures No. A-6 provides direction to staff for processing vacation requests, and City Council Resolution No. 86-90 establishes a policy concerning costs associated with the vacation.
CITY COUNCIL PRIORITIES
Not applicable.
DISCUSSION
The property owner of the property located at 1136, 1158, 1230, and 1240 West Main Street has requested the vacation of the City right-of-way on Main Street adjacent to their property (Attachment 1). Currently, there are parking stalls within the dedicated right-of-way. The owner wishes to use those parking stalls as part of their land and under their control, rather than being in the City’s right-of-way. This configuration was part of the redevelopment of this area when the Westgate Shopping Center was redeveloped. At that time, the City reserved extra right-of-way to widen Main Street.
The current request is being considered as two separate vacations due to the vacation area expanding across two separate parcels. Vacation #23-01 is for the vacation in front of 1136 to 1230 West Main Street and Vacation #23-02 is for the vacation in front of 1240 West Main Street (refer to the Location Map at Attachment 1 and the Overall Site Plan at Attachment 2). The Legal Description and Map for each Vacation is provided at Attachments #3 and #4.
The City Surveyor, Deputy City Manager, and Planning Staff reviewed the vacation request. The City Surveyor and Deputy City Manager originally considered entering into a right-of-way agreement for the area and preserving the City’s right-of-way. However, after further consideration and determining that Main Street would not be widened in that area, it was determined that vacating the right-of-way and reserving an easement for the City’s facilities (streetlights, utilities, sidewalks, etc.) was the better course of action.
The proposed vacation reserves an easement allowing the City the right to access and enter the vacated area for repairs and maintenance, trash collection, and police and fire protection.
On June 7, 2023, the Planning Commission made a finding that the proposed vacation conforms with the General Plan.
On July 17, 2023, the City Council adopted Resolution No. 2023-59 setting a public hearing regarding Vacation #23-01 and #23-02 for August 21, 2023. Staff is requesting the City Council hold the public hearing and adopt the resolution at Attachment 5 ordering the vacation of the right-of-way and reserving an easement for public utilities access, and maintenance.
On August 21, 2023, staff discovered that the required notices had not been posted at the site as required by the Resolution of Intent and the Streets and Highways Code. Therefore, at the City Council meeting on August 21, 2023, the City Council opened the public hearing and continued it to the meeting of September 5, 2023, to allow the notices to be posted as required.
IMPACT ON CITY RESOURCES
There would be no impacts on City resources with this vacation.
ATTACHMENTS
1. Location Map
2. Overall Site Plan
3. Legal Description and Site Plan for Vacation #23-01
4. Legal Description and Site Plan for Vacation #23-02
5. Draft Resolution 2023-68
6. Presentation