Report Prepared by: Matt Livingston, Assistant Planner, Development Services
Title
SUBJECT: 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 West Main Street, Generally Located on the South Side of Main Street, Approximately 170 Feet East of M Street, and Setting a Public Hearing for September 16, 2024, (Vacation #24-01)
REPORT IN BRIEF
Considers adopting a Resolution to set a public hearing for September 16, 2024, to vacate an approximately 2,346-square-foot easement at 534 W Main Street, generally located on the south side of Main Street, approximately 170 feet east of M Street.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2024-85, a Resolution of the City Council of the City of Merced, California, declaring its intention to vacate the Arbor Walkway South Easement (approximately 2,346 square feet) which would revert development rights to the property owner of 534 W Main Street (Vacation #24-01) 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 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.
History and Past Actions
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 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.
Recommendation
City Staff believes this easement is no longer needed 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 3 setting the public hearing for Vacation #24-01 for Monday, September 16, 2024, to vacate the Arbor Walkway South easement.
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 and Site Plan for Vacation #24-01
3. Draft Resolution 2024-85