Planning Commission Staff Report
Report Prepared by: Valeria Renteria, Associate Planner, Development Services Department
Title
SUBJECT: Abandonment #25-0001, to vacate an undeveloped street easement spanning 20 feet at 400 West 7th Street, more specifically the Westerly portion of the property described as Parcel 1 in the grant deed recorded January 27, 2020, in Volume 10 of Official Plats at pages 23-30 Official Records, Merced County, lying in section 25, Township 7 South, Range 13 East, Mount Diablo Base & Meridian, otherwise known as Assessor’s Parcel Number (APN) 032-162-014.
ACTION: Approve/Disapprove/Modify:
1) Abandonment #25-0001, to vacate an undeveloped street easement spanning 20 feet at 400 West 7th Street, more specifically the Westerly portion of the property describe as Parcel 1, Assessor’s Parcel Number (APN) 032-162-014
SUMMARY
Leo Ramirez Roofing INC. is requesting a vacation of a 20-foot-wide public utility easement at the eastern portion of 400 West 7th Street. (Attachment 1). This public utility easement was originally included in the plans for continuance of K Street, but it was never completed, and the City has vacated this portion of K Street. City engineering and planning have agreed that the proposed easement is no longer needed and can be returned to the property owner. The General Plan does not address the abandonment or vacation of easements, and thus, the General Plan is not applicable. Given this public utility easement is no longer needed because the City has vacated this portion of K street, the vacation is considered “consistent” with the infrastructure needs of the City. The area to be vacated is 20 feet wide and runs from the southern property line to the northern property line. (Attachment 3)
RECOMMENDATION
Planning and Engineering staff have reviewed this request and recommend that the Planning Commission approve Abandonment #25-0001.
Body
DISCUSSION
Project Description
The subject site is located west of a General Commercial (C-G) and north of a Residential Planned Development zone with Low to Medium Density Residential designation. The property itself is located in a Low Medium Residential Zoning. The City of Merced’s engineering department claims that the easement originally was going to be a continuance of K Street. The street was never constructed and has then been vacated, and there are no plans to construct it in the future.
Background
The subject site is part of the original incorporation of the City of Merced in 1889. The land uses in the area include Low Medium Density Residential, High Medium Density Residential and General Commercial. The zoning and land use designation of the subject site was designated to be a buffer between the Commercial and lower density residential uses.
Findings/Considerations
City Staff believes that this easement is no longer needed, and the easement should be abandoned and given to the owners of the property. City engineering and planning consider the vacation consistent with the infrastructure needs of the City.
ATTACHMENTS
1. Location Map
2. Legal Description
3. Parcel Map