REPORT TO THE CITY COUNCIL
March 23, 2017
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic and Engineering Services Division
RANDALL W. MORRISON, PE, Deputy City Engineer/Division Manager
Public Works Department, Traffic and Engineering Services Division
JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Traffic and Engineering Services Division
SUBJECT
Title
HEARING - Regarding the vacation of a portion of Arroyo Avenue and an alley northeast of North “H” Street between Freeway 180 and the Dry Creek Canal. (Council District 3).
1. RESOLUTION - Ordering the vacation of a portion of the alley northeast of North “H” Street between Freeway 180 and the Dry Creek Canal.
Body
RECOMMENDATION
Staff recommends the City Council conducts the required public hearing and at the close of the hearing, adopts the attached resolution ordering the vacation a portion of Arroyo Avenue and an alley northeast of North “H” Street between Freeway 180 and the Dry Creek Canal, as shown on Exhibit “G” of the attached resolution.
EXECUTIVE SUMMARY
John Valentino, owner of the property adjacent to the area is requesting the vacation of a portion of Arroyo Avenue and an alley northeast of North “H” Street between Freeway 180 and the Dry Creek Canal as shown on Exhibit “G” of the attached resolution. The purpose of the proposed vacation is to accommodate the renovation/adaptive reuse of an existing 10,485 square foot building for mixed use project on a heritage designation site as shown Development Plan D-16-046.
BACKGROUND
Development Plan D-16-046 proposes the renovation/adaptive reuse of an existing 10,485 square foot building for a mixed use project on a heritage designation site. The ground floor will consist of commercial office space, meeting areas, a break room and kitchen, and an area for combining, preparing, and processing organic soil amendments as well as for the storage and retail sale of John and Bob's Smart Soil Solutions. No composting is proposed on-site. One residential unit is proposed on the first floor. The second floor, proposed to be added within the existing building frame, will consist of eight (8) single room occupancy dwelling units.
The portion of the alley right-of-way, approximately 6 feet wide, is owned by the City in fee simple title. This property, as described in Exhibit “A” and as shown on Exhibit ”B” of the attached resolution is a portion of a parcel acquired in fee by the City of Fresno by Resolution 1029, recorded April 4, 1937 in Book 1585, at Page 237, Official Record Fresno County and made a remnant parcel by deed recorded July 16, 1968 as Document No. 49742, Official Records Fresno County. Staff recommends that this remnant parcel is sold to the applicant. Based on the size of the parcel, which prevents it from being independently developed, the City’s Real Estate Department has assessed a nominal value of $500.00. The westerly 14 feet of the alley proposed for vacation, as described in Exhibit “C” and as shown on Exhibit “D” is a portion of an alley dedicated as an easement by Resolution No. 1176, recorded September 6, 1938, in Book 1716, at Page 203, Official Records Fresno County. The portion of East Arroyo Avenue proposed for vacation as described in Exhibit “E” and as shown on Exhibit “F” was dedicated as an easement by the map of La Sierra Tract, recorded in Book 5 in Record of Surveys, at Page 49, Fresno County Records.
The Traffic and Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacation and determined that the right-of-way proposed for vacation is unnecessary for present or prospective public alley purposes subject to the reservation of a public utility easement over the entire area being vacated and the conditions listed on Exhibit “H” of the attached resolution.
This action is being taken pursuant to the provisions of the Public Streets, Highways, and Service Easements Vacation Law (California Streets and Highways Code Sections 8300-8363).
On March 2, 2017, the Council adopted Resolution of Intention No. 1114-D, setting the time and place for the public hearing at 10:00 a.m. on March 23, 2017, in the Council Chambers at Fresno City Hall. The public hearing has been duly noticed in accordance with the Public Streets, Highways, and Service Easements Vacation Law.
The City Attorney's Office has approved the attached resolution as to form.
The vacation, if approved by the Council at the public hearing, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder.
ENVIRONMENTAL FINDINGS
This project is exempt under Sections 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. D-16-046. Under the Section 15332/Class 32 exemption, the development permit application is consistent with the Fresno General Plan, the Fresno High-Roeding Community Plan, and the Tower District Specific Plan land use designation of parks and open space/general commercial (dual designation) and conforms to all applicable policies. The lease site area is less than five acres, is completely surrounded by urban uses, and does not contain any significant value as habitat for endangered, rare, or threatened species. The subject site is adequately served by all required utilities and public services. Therefore, the above described project complies with the conditions described in Section 15332/Class 32 of the CEQA Guidelines. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this project.
LOCAL PREFERENCE
Local preference does not apply because the vacation of public right-of-way does not involve bidding or contracting.
FISCAL IMPACT
There will be no City funds involved with this vacation. John Valentino, the adjacent property owner has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachments:
Vicinity Map
Resolution