Report Prepared by: Francisco Mendoza-Gonzalez, Associate Planner, Development Services
Title
SUBJECT: Public Hearing - Adoption of Resolution to Abandon a Storm Drainage Easement and Street Light Easement at 1368 Griffin Street, Generally Located on the East Side of Griffin Street, Approximately 525 Feet North of McSwain Road (Vacation #19-03)
REPORT IN BRIEF
The City Council will consider the abandonment of an old storm drainage easement and street light easement at 1368 Griffin Street.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2019-52, A Resolution of the City Council of the City of Merced, California, ordering the vacation of a storm drainage easement and street light easement at 1368 Griffin Street, generally located on the east side of Griffin Street, approximately 525 feet north of McSwain Road (Vacation #19-03)
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 vacant 0.31-acre parcel zoned Low Density Residential (R-1-6) principally reserved for single-family homes (Attachment 1). The applicant is in the process of developing a home on this parcel. However, the old Street Light Easement and Storm Drain Easement prohibit the applicant from constructing any structures within 15 feet of the easements. This results in a significant amount of undevelopable land that makes it difficult for a design professional to design a conventional and practical floor plan for this site.
The old storm drain easement was originally dedicated to Merced County for storm drain purposes when this area was located within Merced County jurisdiction. However, this area is now within the City limits, and the storm drain easement dedication rights have now been transferred to the City. The City’s Engineering and Public Works Departments have reviewed this application and have determined that the City does not need the old Storm Drain Easement. The City has installed storm drain utilities around the subject site, within Griffin Street (west of the subject site) and along the Merced Irrigation District (MID) Concrete Lined Canal (north of the subject site), therefore no longer needing the old storm drain easement (see lines drawn at Attachment 4). In addition, MID has indicated that they do not object to vacating this storm drain easement.
The old Street Light Easement was initially intended to allow for power to be drawn from existing telephone/power poles along the eastern property line to power a street light at the end of Griffin Street. However, over the past few decades, several lots in this neighborhood have been improved or developed. During that time, several street lights have been installed throughout Griffin Street, including a street light directly across the street from the subject site (Attachment 5). Because there is already a street light at the end Griffin Street, the City has determined that another street light is not needed and that the old street light easement should be abandoned.
After contacting all utility companies in the area, it was determined that no utilities were located within the Storm Drain Easement, and there are no plans to use the easement in the future. There is a utility pole within the street light easement, but it can be relocated as it is no longer needed for a street light. Therefore, these easements are no longer needed and should be abandoned to give the property owners full use of their property.
History and Past Actions
At the Planning Commission meeting of June 5, 2019, 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 vacation does not conflict with any General Plan policies, text, or maps, and is, therefore, consistent with the General Plan.
On July 15, 2019, the City Council adopted a Resolution of Intention (Resolution #2019-39) and set August 19, 2019, as the date for the public hearing to consider Vacation #19-03 (see Attachments 7 and 8).
Recommendation
Staff is recommending the adoption of the Resolution at Attachment 7 to vacate the storm drainage easement and street light easement as described above.
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. Nearby Storm Drainage Lines
5. Nearby Street Light
6. City Council Resolution to set the Public Hearing for Vacation #19-03
7. Draft City Council Resolution for Vacation #19-03
8. Presentation