Report Prepared by: Julie Nelson, Associate Planner, Planning Department
Title
SUBJECT: Public Hearing - Vacation 15-01 to Abandon a Portion of a Public Utilities Easement Located Along the East Property Line of 2936 Crestwood Court
REPORT IN BRIEF
The City Council will consider the abandonment of approximately 620 square feet of an existing public utilities easement along the eastern property line of the property located at 2936 Crestwood Court.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2015-45, A Resolution of the City Council of the City of Merced, California ordering the vacation of a portion of a public utilities easement located along the east property line of the property located at 2936 Crestwood Court (Vacation #15-01).
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 street vacation requests, and City Resolution 86-80 establishes a policy concerning costs associated with the vacation.
CITY COUNCIL PRIORITIES
Not applicable.
DISCUSSION
The property owner is requesting the vacation of a 10-foot wide Public Utilities Easement that runs north and south along the east property line of their property located at 2936 Crestwood Court (Attachment 1). The easement area is approximately 620 square feet and was dedicated by the Final Map for Wainwrights Bear Creek Village No. 4 in 1969.
The property owners are installing a pool in their backyard and this easement prohibits them from placing the pool within 5-feet of the eastern property line (as allowed by the Zoning Ordinance). With the easement, the pool would have to be at least 10 feet from the eastern property line which would not leave enough room for the pool within the backyard.
City staff has contacted all utility companies and has determined the easement is not being used and they have no plans to use the easement in the future. Therefore, this easement is no longer needed and should be abandoned to give the property owners full use of their property.
History and Past Actions:
At the Planning Commission meeting on October 21, 2015, the Planning Commission reviewed the vacation for consistency with the City’s General Plan and found, by unanimous vote, that the proposed vacation does not conflict with any General Plan policies, text, or maps, and is, therefore, consistent with the General Plan.
On November 4, 2015, the City Council adopted a Resolution of Intention (Resolution #2015-42 - Attachment 2) and set December 7, 2015, as the date for the public hearing to consider Vacation #15-01.
Recommendation
Staff is recommending the adoption of the Resolution at Attachment 3 to abandon approximately 620 square feet of a public utilities easement along the east property line of the property located at 2936 Crestwood Court.
ATTACHMENTS
1. Location Map and easement area
2. City Council Resolution 2015-42
3. Draft City Council Resolution approving vacation of the easement area