Report Prepared by: Francisco Mendoza-Gonzalez, Associate Planner, Development Services
Title
SUBJECT: Adoption of Resolution Declaring Intent to Vacate the Excess Portion of a Bicycle Path at 897 Lehigh Drive and Setting a Public Hearing for June 6, 2022 (Vacation #21-04)
REPORT IN BRIEF
Considers adopting a resolution of intent and set a public hearing for intent to abandon an excess portion of a City bike path at 897 Lehigh Drive.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2022-18, a Resolution of the City Council of the City of Merced, California, declaring its intention to vacate a 8,179-square-foot excess portion of a bicycle path at 897 Lehigh Drive, generally located on the north side of Lehigh Drive, approximately 500 feet west of San Jose Avenue. (Vacation #21-04) and setting time and place for Public Hearing.
Body
ALTERNATIVES
1. Approve, as recommended by staff; or,
2. Approve, subject to modifications as conditioned by Council; or,
3. Deny based on specific findings; or,
4. Refer back to staff for reconsideration of specific items as requested by Council; or,
5. Continue to a future meeting (date and time to be specified in Council 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 pursuant to Section 8335 of the Code and shall be recorded pursuant to Section 8336. The City of Merced Administrative Policies and Procedures No. A-6 provides direction to staff for processing vacation requests, and City Resolution #86-080 establishes a policy concerning costs associated with the vacation.
CITY COUNCIL PRIORITIES
Not applicable.
DISCUSSION
Request
The subject site is a 0.35-acre parcel owned by the City of Merced. The subject site is an undeveloped lot at the end of Lehigh Drive, abutting Fahrens Creek. The subject site is primarily intended for bicycle access along Cottonwood Creek, which wraps behind the existing subdivision then extends and splits northeast and northwest out to M Street and other adjacent subdivisions. The subject was created as an outparcel to the Village Landing Tentative Subdivision Map (TSM #1169) approved in 1987.
The City’s Engineering and Public Works Departments have determined that the subject site is considered oversized for pedestrian access and has history of overgrown vegetation requiring excessive maintenance. The approximate 0.35-acre or 15,246-square-foot site contains several trees and bushes which require maintenance by the City and has had prior history of fire damage. By vacating a portion of this parcel, the City would be able to still provide access to the bike path, and transfer the other portion to the original owner, Warren W. Wainwright, Inc., reducing expenses related to maintenance.
In addition to providing access to the Cotttonwood Creek bike path, the subject site also provides a temporary turnaround (with a 40-foot radius) for emergency vehicles. A large portion of the subject site is bisected by an 80-foot-wide P.G. & E. easement that occupies approximately 75% of the parcel. If vacated, this easement could not be developed, and there may be limitations regarding flatwork or structures.
City Staff believes that retaining the eastern portion of the parcel would provide enough space to allow access to the existing bike path, and the eastern portion of the parcel would no longer be needed and should be abandoned.
History and Past Actions
At the Planning Commission meeting of April 6, 2022, the Planning Commission reviewed the vacation for consistency with the City’s General Plan and found, by unanimous vote of those present, that the proposed vacation does not conflict with any General Plan policies, text, or maps, and is, therefore, consistent with the General Plan.
Recommendation
Staff is recommending the adoption of the Resolution at Attachment 4 to set a public hearing for June 6, 2022, to vacate the area as described above.
IMPACT ON CITY RESOURCES
The approval of the requested vacation would not result in any impacts on City resources.
ATTACHMENTS
1. Location Map
2. Legal Description
3. Parcel Map
4. Draft City Council Resolution