Report Prepared by: Jessie Lee, Associate Planner, Development Services Department
Title
SUBJECT: Adoption of a Resolution Declaring Intent to Vacate the 20-Foot-Wide Easement at 400 West 7th Street and Setting a Public Hearing for August 17, 2026 (Vacation #25-0001)
REPORT IN BRIEF
Considers adopting a Resolution to set a public hearing for August 17, 2026, to vacate an approximately 1,145-square-foot easement at 400 West 7th Street, generally located on the south side of West 7th Street approximately 430 feet west of Martin Luther King Jr. Way.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2026-42, A Resolution of the City Council of the City of Merced, California, declaring its intention to vacate the 20 foot wide Public Utility Easement located on a portion of vacated K Street south of 7th Street in the City of Merced (approximately 1,145 square feet) Vacation #25-0001) and setting time and place for public hearing.
Body
ALTERNATIVES
1. Approve as recommended by staff; or,
2. Approve, subject to modifications by the City Council; 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 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 86080 establishes a policy concerning costs associated with the vacation.
CITY COUNCIL PRIORITIES
Not applicable.
DISCUSSION
The subject site is located west of a General Commercial (C-G) zone and north of a Residential Planned Development zone with Low to Medium Density Residential designation. The property itself is in a Low Medium Residential Zoning District. 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.
History and Past Actions
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.
At the Planning Commission meeting of April 8, 2026, the Planning Commission reviewed the vacation and adopted a motion recommending to City Council to set the time and place for a public hearing and grant abandonment.
RECOMMENDATION
City Staff has determined that this easement will not be used by the City and should be abandoned to give the property owners full use of their property. Staff is recommending the City Council adopt the resolution at Attachment 4 setting the public hearing for Vacation #25-0001 for Monday, August 17, 2026, to vacate the public utilities easement at 400 West 7th Street.
IMPACT ON CITY RESOURCES
There would be no impact on City resources as a result of this action.
ATTACHMENTS
1. Location Map
2. Legal Description
3. Parcel Map
4. Resolution 2026-42