Planning Commission Staff Report
Report Prepared by: Matt Livingston, Assistant Planner, Development Services Department
Title
SUBJECT: Vacation #24-01, to vacate the Arbor Walkway South easement (approximately 2,346 square feet) which would revert development rights back to the property owner of 534 W. Main Street.
ACTION: Finding
1) The proposed vacation is consistent with the General Plan.
SUMMARY
The City of Merced is requesting a vacation of the Arbor Walkway South Easement at 534 W. Main St. (Attachment 1), as it has been determined that it is no longer necessary or in the City’s interest. Engineering and Planning Division staff have reviewed this request and recommend that the Planning Commission adopt a Finding stating that the proposed vacation is consistent with the General Plan. The General Plan does not address the abandonment or vacation of easements; and thus, this action does not conflict with any General Plan policies, text, or maps, so it can be considered “consistent.” The area to be vacated consists of approximately 2,346 square feet, (Attachments 2 and 3).
RECOMMENDATION
Adopt a motion by minute action adopting a Finding that the proposed vacation #24-01 is consistent with the General Plan.
Body
Project Description
The subject site is located adjacent to a 7,500-square-foot developed parcel zoned Central Commercial (C-C) at 534 W. Main Street. The subject site contains a building located in Downtown Merced with multiple suites that include several businesses such as Merced Tattoo and Piercing Co., and Ingraham Trophies. The intent of Arbor Walkway South was to create a mid-block walking path for residents parking within the City Parking Lot located on the north side of 16th Street, between M Street and Canal Street. Arbor Walkway South acts as a direct path for residents parking in this area walking to Main Street.
Over the years, there have been several maintenance issues with Arbor Walkway south, such as vandalism, trash, and debris being left at the site. The owner of 534 W. Main Street would like to take back full development rights of this walkway to better secure the area and possibly improve the area with a future development. City staff has indicated that this area has become a public nuisance and that there is limited need for public use, as there are other pedestrian access points to 16th Street from M Street and Canal Street sidewalks, although these access points are less direct than the direct cut-through currently provided by Arbor Walkway South. The City’s Engineering Division has also indicated that Arbor Walkway South lacks proper ADA access to the parking lot, and that a new walkway to the parking lot would replace it with the upcoming improvements to Bob Hart Square.
Background
Arbor Walkway South was acquired through the Redevelopment Agency. After the Redevelopment Agency was disbanded around 2010, the area was transferred over to the Designated Local Authority. As the City has limited public benefit for Arbor Walkway South, if the abandonment is approved, the walkway agreement between the City and 534 W. Main Street would be amended, and the development rights to use the abandoned area would revert back to the property owners of 534 W. Main Street, which is currently Clifford W. Blauert and Blithe P. Blauert, as trustees of the Clifford W. Blauert and Blithe P. Blauert Family Trust- 2004.
Findings/Considerations
City Staff believes the full width of this easement is no longer needed and the easement should be abandoned to relieve the City of maintenance responsibilities and other obligations stated in the original Easement Agreement. The General Plan does not address the abandonment of easements; and thus, this action does not conflict with any General Plan policies, text, or maps, so it can be considered “consistent.”
ATTACHMENTS
1. Location Map
2. Legal Description
3. Parcel Map