REPORT TO THE CITY COUNCIL
FROM: NICHOLAS D. MASCIA, PE, Assistant City Manager
Interim Director - Capital Projects Department
SCOTT L. MOZIER, PE, Director
Public Works Department
BY: ANTONIO M. BUELNA, PE, Assistant Director
Capital Projects Department, Capital Administration Division
JASON CAMIT, Chief Surveyor
Public Works Department, Engineering Services Division
NANCY BRUNO, Supervising Real Estate Agent
Capital Projects Department, Capital Administration Division
SUBJECT
Title
Actions pertaining to the disposition of a City owned, undeveloped parcel located on the east side of Broadway Avenue, north of Divisadero Street in Fresno, California (Council District 3):
1. Adopt a Categorical Exemption per Environmental Assessment Number P23-01843, pursuant to Section 15303/Class 3 of the California Environmental Quality Act (CEQA) Guidelines,
2. RESOLUTION - Approving the Summary Vacation of those portions of the public street easements located on the east side of Broadway Avenue, north of Divisadero Street,
3. ***RESOLUTION - Declaring a 475.3 square foot portion of public street right of way located on the east side of Broadway Avenue, north of Divisadero Street, Fresno, California to be exempt surplus land (Subject to Mayor’s Veto),
4. ***RESOLUTION - Finding Good Cause and Clear and Convincing Benefit to the Public pursuant to Fresno Municipal Code section 4-204, relating to the disposition of real surplus property located on the east side of Broadway Avenue, north of Divisadero Street; (Requires 5 Affirmative Votes) (Subject to Mayor’s veto),
5. Approve the execution of the Agreement for Purchase and Sale of Real Property and Escrow Instructions to sell a 0.011-acre (475.3 square feet) City owned, undeveloped portion of land, located on the east side of Broadway Avenue, north of Divisadero Street, adjacent to Assessor’s Parcel Number 459-304-01, in the amount of $1,238.00 to Margaret R. Boyajian Courtis and Jeffrey L. Boyajian, and authorize the City Manager or designee to execute the Purchase and Sale Agreement and associated Grant Deed and escrow documents on behalf of the City for the transfer of the subject property.
Body
RECOMMENDATIONS
Staff recommends the City Council 1) adopt Categorical Exemption per Environmental Assessment Number P23-01843, 2) adopt the attached resolution approving the summary vacation of those portions of the public street easements located on the east side of Broadway Avenue, north of Divisadero Street, 3) adopt the attached Resolution, declaring a 0.011-acre (475.3 square feet) City-owned, undeveloped parcel located on the east side of Broadway Avenue, north of Divisadero Street to be exempt surplus land pursuant to California Government Code Section 54221 (f)(1)(B) and (E), 4) adopt the attached Resolution, finding Good Cause and Clear and Convincing Benefit to the public pursuant to Fresno Municipal Code section 4-204, relating to the disposition of real surplus property located on the east side of Broadway Avenue, north of Divisadero Street and 5) approve the execution of the Agreement for Purchase and Sale of Real Property and Escrow Instructions to sell a 0.0109-acre (475.3 square feet) City Owned, undeveloped parcel of land, identified adjacent to Assessor’s Parcel Number (APN) 459-304-01, located on the east side of Broadway Avenue, north of Divisadero Street in the amount of $1,238.00 to Margaret R. Boyajian Courtis and Jeffrey L. Boyajian, and authorize the City Manager or designee to execute the Purchase and Sale Agreement and associated Grant Deed and escrow documents for the transfer of the subject property.
EXECUTIVE SUMMARY
The City of Fresno owns a 0.011-acre (475.3 square feet) undeveloped parcel located on the east side of Broadway Avenue, north of Divisadero Street. The 456.3 portion of the Subject Property parcel was acquired by the City in fee from Bianca Brooks in 1913 and a 19 square foot portion was acquired in fee from C. L. Freitas and Mary Freitas in 1913, both specifically for use as City right of way. These portions of right of way no longer function as a public street or right of way, there are no public utilities, and no public improvements located within the Subject Property. As such, the property must be declared exempt surplus land in order to comply with the Surplus Land Act requirements and proceed with the disposition to the adjoining parcel owner.
BACKGROUND
The City of Fresno owns a portion of undeveloped land located on the east side of Broadway Avenue, north of Divisadero Street (adjacent to APN 459-304-01), being approximately 0.011-acre (475.3 square feet) in size (Subject Property). A 456.3 square foot portion of the Subject Property parcel was acquired by the City in fee from Bianca Brooks in 1913, and a 19 square foot portion was acquired in fee from C. L. Freitas and Mary Freitas in 1913, both specifically for use as City right of way. These portions of City right of way no longer function as a public street or right of way and there are no public utilities, and no public improvements located within the Subject Property. Margaret R. Boyajian Courtis and Jeffrey L. Boyajian (the Buyers) are proposing to vacate a portion of public street right of way located on the east side of Broadway Avenue, north of Divisadero Street. The purpose of this vacation is to dispose of excess public street right of way and accommodate Site Plan Number P23-01843, which is the proposed expansion of the existing parking lot area on the adjacent APN 459-304-01.
On August 9, 2024, City staff prepared an estimate of fair market value for the Subject Property which determined the total value of the Subject Property to be $4,139.86. The Buyers disagreed with the value given in the appraisal report and provided their own opinion of value based on the property characteristics and the trend of recent comparable sales in the area. City staff reviewed the comparable pricing presented by the Buyers and in an effort to provide substantial community benefits, the City agreed to the proposed purchase price of $1,238.00. The Buyers signed the Purchase and Sale Agreement in counterpart on November 18, 2024, and November 19, 2024.
The Public Works Department, other City Departments and utility agencies have reviewed the proposed vacation and have determined that the street right-of-way proposed for vacation is unnecessary for present or prospective public purposes. 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, but not until the City Engineer determines that the conditions listed in the attached resolution have been satisfied and accepted by the City.
Staff recommends the City Council authorize the City Manager or designee to execute the Purchase and Sale Agreement and associated Grant Deed and escrow documents on behalf of the City for the transfer of the subject property.
The City Attorney's Office has approved the attached resolutions and purchase and sale agreement as to form.
ENVIRONMENTAL FINDINGS
The City of Fresno Public Works Department proposes to vacate approximately 0.011-acre (475.3 square feet) of the excess street right-of-way as noted above. The area proposed to be vacated would be used to expand the existing parking area located on the adjacent APN 459-304-01 as reviewed and approved under Conditional Use Permit Application No. P23-01843. The project was conditioned by Traffic Planning to apply for a Street Vacation application.
A vacation feasibility study conducted by the Public Works Department listed conditions of approval for the proposed vacation that included the repair of all damaged and/or off-grade concrete street improvements as determined by the construction management engineer, location of all existing underground facilities by underground services, and all development shall take place in accordance with all City laws and regulations.
Staff has performed an Environmental Assessment of this project and determined that it falls within the Section 15303/Class 3 of Categorical Exemptions as set forth in the CEQA Guidelines:
Section 15303/Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to:
e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
This project proposes construction of a 6-foot-tall wrought iron fence around the perimeter of an existing developed site. The proposed location of the 6-foot wrought iron fence requires approximately 475.3 square feet of right-of-way vacation along Broadway. The proposed construction of the wrought iron fence is permitted in the Neighborhood Mixed-Use district. Therefore, it is the staff’s determination that this falls within the limits of the Class 3 Categorical Exemption.
Furthermore, Staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Therefore, the proposed project is not expected to have a significant effect on the environment. As noted above, a categorical exemption has been prepared for the project, and the area is not environmentally sensitive.
LOCAL PREFERENCE
Local preference was not considered because this Agreement does not include a bid or award of a construction or services contract.
FISCAL IMPACT
This project is located in Council District 3 and will not have an impact on the General Fund. Margaret R. Boyajian Courtis and Jeffrey L. Boyajian have paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachments:
EA P23-01843
Resolution Approving the Summary Vacation
Resolution Declaring Surplus Land Exempt
Resolution to Vary from FMC 4-204
Purchase and Sale Agreement
Vicinity Map
Location Map