Report Prepared by: Francisco Mendoza-Gonzalez, Associate Planner, Development Services Department
Title
SUBJECT: Public Hearing and Adoption of Resolution to Vacate the Eastern Portion of the Arbor Walkway North Easement (Approximately 2,053 Square Feet) Which Would Revert Development Rights Back to the Property Owner of 531 W. Main Street, Merced, Generally Located on the North Side of Main Street, Approximately 150 Feet East of M Street
REPORT IN BRIEF
Considers the vacation of the eastern portion of the Arbor Walkway North easement (approximately 2,053 square feet) which would revert development rights back to the property owner of 531 W. Main Street.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2022-71, a Resolution of the City Council of the City of Merced, California, ordering the vacation of an eastern portion of the Arbor Walkway North easement (approximately 2,053 square feet) which would revert development rights back to the property owner of 531 W. Main Street (Vacation #22-03).
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 a 7,500-square-foot developed parcel zoned Central Commercial at 531 W. Main Street. The subject site contains a two-story building located in Downtown Merced with multiple suites that include businesses such as United Way and the Merced County Hispanic Chamber of Commerce. The northern portion of Arbor Walkway was installed several decades ago by the Redevelopment Agency. The intent was to create a mid-block walking path for residents parking within the City Parking Lot located behind the subject site on the south side of 18th Street, between M Street and Canal Street. Arbor Walkway would act as a direct path for residents parking in this area walking to Main Street.
Over the years, there have been several maintenance issues with the northern portion of Arbor Walkway, such as vandalism, trash, and debris being left at the site. The owner of 531 W. Main Street would like to take back development rights of a portion of this walkway to better secure the area and improve it with outdoor seating (with food and drink service). 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 Main 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.
History and Past Actions
Arbor Walkway was acquired through the Redevelopment Agency. After the Redevelopment Agency was disbanded in February 2021, the area was transferred over to the Designated Local Authority. As the City has limited public benefit for Arbor Walkway, if the partial vacation is approved, the walkway agreement between the City and 531 W. Main Street would be amended, and the development rights to use the vacated area would revert back to the property owner of 531 W. Main Street.
In 2021, the applicant requested a full vacation of the Arbor Walkway North easement (Vacation #21-03). During the public hearing process, it became apparent that this easement still provides community benefit as residents and business owners indicated that they still use this walkway (easement) for convenient access between the City parking lot to the north and Main Street to the south. Due to these testimonies the City Council denied Vacation #21-03 and directed staff to work with the property owner to draft an alternative plan that would retain pedestrian access while vacating the majority of the easement to allow the property owner to develop this area for their proposed café/restaurant.
Attachment 3 shows the new proposed partial Vacation. This proposal includes a straight 52-inch-wide easement (totaling 650 square feet) that would be retained for pedestrian access. The existing planters within this area would be removed to create this pedestrian access. This area would be improved and maintained by the City with new flatwork and lighting. The remainder of the area would be vacated to the property owner for their control. Future proposals within the vacated area shall be required to comply with Zoning and Building Code requirements.
At the Planning Commission meeting of October 19, 2022, the Planning Commission reviewed the vacation for consistency with the City’s General Plan and found, by unanimous vote of those present, that the proposed partial vacation does not conflict with any General Plan policies, text, or maps, and is, therefore, consistent with the General Plan.
On November 11, 2022, the City Council adopted a Resolution of Intention and set December 5, 2022, as the date for the public hearing to consider Vacation #22-03 (see Attachments 4).
Recommendation
Staff is recommending the adoption of the Resolution at Attachment 5 to vacate the eastern portion of the Arbor Walkway North easement.
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 2022-64 to set the Public Hearing for Vacation #22-03
5. City Council Resolution 2022-71 for Vacation #22-03
6. Presentation