Report Prepared by: Francisco Mendoza-Gonzalez, Associate Planner, Development Services
Title
SUBJECT: Public Hearing and Adoption of Resolution to Vacate the 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)
REPORT IN BRIEF
Considers vacating an excess portion of a City bike path at 897 Lehigh Drive.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2022-31, a Resolution of the City Council of the City of Merced, California, ordering the vacation of an 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).
Body
ALTERNATIVES
1. Approve, as recommended by the Planning Commission and staff; or,
2. Approve, subject to modifications by the City Council (modifications to be specified in motion); 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 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 parcel 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 Cottonwood 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.
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.
On May 2, 2022, the City Council adopted a Resolution of Intention and set June 6, 2022, as the date for the public hearing to consider Vacation #21-04 (see Attachment 4).
Recommendation
Staff is recommending the adoption of the Resolution at Attachment 5 to vacate the bike path as described above.
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 #21-04
5. Draft City Council Resolution for Vacation #21-04
6. Presentation