REPORT TO THE CITY COUNCIL
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: Randall W. Morrison, PE, Assistant Director
Public Works Department, Engineering Division
JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Engineering Division, Right of Way Section
SUBJECT
Title
Actions pertaining to Resolution of Intention Number 1152-D to vacate a portion of North Hayes Avenue, south of West Bullard Avenue (Council District 2):
1. Adopt a finding of Categorical Exemption per Environmental Assessment Number P22-02007, pursuant to Section 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines
2. Adopt the attached Resolution of Intention Number 1152-D to vacate a portion of North Hayes Avenue, south of West Bullard Avenue
Body
RECOMMENDATIONS
Staff recommends the City Council adopt a finding of Categorical Exemption per Environmental Assessment Number P22-02007 and adopt Resolution of Intention Number 1152-D for the proposed vacation of a portion of North Hayes Avenue, south of West Bullard Avenue and set the required public hearing at 10:00 a.m. on August 10, 2023.
EXECUTIVE SUMMARY
The Butler Investment Group, LLC is proposing to vacate a portion of North Hayes Avenue, south of West Bullard Avenue. The purpose of this vacation is to accommodate the construction for Development Permit Number P19-03659, which is a 185-unit apartment complex.
BACKGROUND
This portion of North Hayes Avenue was originally dedicated to Fresno County by map of J.C. Forkner Fig Gardens - Subdivision Number 2, recorded January 9, 1920 in Volume 8 of Plats, at Page 66, Fresno County Records. The City of Fresno annexed this area on December 29, 1981 by Annexation Number 1004. This public street was originally dedicated in 1920, but was never constructed or used as a public street. The proposed public street vacation is to dispose of excess right of way and accommodate the construction for Development Permit Number P19-03659, which is a 185-unit apartment complex consisting of one, two, and three bedroom units. The apartment complex will include onsite parking facilities, storage units, recreational facilities, and open space areas for residents to utilize. Recreational facilities include a swimming pool, basketball court (half court), and barbeque areas.
The Public Works Department, other City departments and utility agencies have reviewed the proposed vacation and determined that the public street easement proposed for vacation is unnecessary for present or prospective public street purposes, as described in Exhibit A and as shown on Exhibit B, subject to the reservation of a public utility easement over the entire area proposed to be vacated and conditions of approval as listed in Exhibit C, said exhibits are included in the attached Resolution of Intent.
The City is not disposing of any land and therefore the Surplus Land Act is not applicable.
The City Attorney’s Office has approved the attached Resolution of Intent 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, but not until the City Engineer determines that the conditions listed in the attached resolution have been satisfied and accepted by the City.
ENVIRONMENTAL FINDINGS
The California Environmental Quality Act (Public Resource Code Section 21000 et seq.) permits a public agency to determine whether a particular project is exempt from CEQA. Staff has determined that this project is Categorical Exempt pursuant to Sections 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines.
Under Section 15304/Class 4, the proposed project is exempt from CEQA requirements when the project consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes.
The area proposed to be vacated is comprised of unimproved land that will be returned to the adjacent private property owner. The vacation will remove approximately 7,891 square feet of North Hayes Avenue. No significant effects would occur as a result of the proposed project. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to have a significant effect on the environment. A categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive.
LOCAL PREFERENCE
Local preference does not apply because the vacation of a public street easement does not involve bidding or contracting.
FISCAL IMPACT
This vacation is located in Council District 2 and there will be no impact to the General Fund. The Butler Investment Group, LLC has paid all processing fees to cover staff costs in accordance with the Master Fee Schedule.
Attachment(s):
PWF12937 Hayes Vacation Vicinity Map
EA P22-02007
Resolution of Intent Number 1152-D