Report Prepared by: Matt Livingston, Assistant Planner, Development Services Department
Title
SUBJECT: Continued Public Hearing to Consider the Adoption of a Resolution Declaring the Intent 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, Generally Located on the South Side of Main Street, Approximately 170 Feet East of M Street (Vacation #24-01)
REPORT IN BRIEF
Considers the vacation of the southern portion of the Arbor Walkway easement (approximately 2,346 square feet), at 534 W Main Street, generally located on the south side of Main Street, about 170 feet east of M street. which would revert development rights back to the adjacent property owner of 531 W. Main Street.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2024-91, a Resolution of the City Council of the City of Merced, California, ordering the vacation of the Arbor Walkway south easement (approximately 2,346 square feet), located at 534 W. Main Street, approximately 155 feet east of M street (Vacation #24-01).
Body
ALTERNATIVES
1. Approve as recommended by the Planning Commission and 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 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 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 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.
History and Past Actions
Arbor Walkway South was acquired through the Redevelopment Agency. After the Redevelopment Agency was dissolved in 2012, the area was transferred over to the Designated Local Authority (which subsequently has become the Merced Successor Agency.) As the City has no public benefit for Arbor Walkway, if the vacation is approved, the walkway agreement between the City and 534 W. Main Street would be terminated, and the development rights to use the area would revert to the property owner of 534 W. Main Street.
In 2021, the City Council took action to abandon a portion of Arbor Walkway North, (across Main Street from this request).
At the Planning Commission meeting of August 7, 2024, the Planning Commission reviewed the vacation for consistency with the City’s General Plan and found that the proposed vacation does not conflict with any General Plan policies, text, or maps, and is, therefore, consistent with the General Plan.
On August 19, 2024, the City Council adopted a Resolution of Intention and set September 16, 2024, as the date for the public hearing to consider Vacation #24-01
(see Attachment 4).
This public hearing was continued to the City Council meeting of October 7, 2024, in order to give City staff more time to prepare the resolution.
Recommendation
City Staff believes this easement is no longer needed and should be abandoned to give the property owners full use of their property after the public hearing.
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 #24-01
5. Draft City Council Resolution for Vacation #24-01
6. Presentation