REPORT TO THE CITY COUNCIL
April 28, 2016
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
THROUGH: ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic and Engineering Services Division
JILL GORMLEY, TE, City Traffic Engineer/Division Manager
Public Works Department, Traffic and Engineering Services Division
BY: JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Traffic and Engineering Services Division
SUBJECT
Title
Actions pertaining to summary vacation of the portion of the northeast side portion of “L” Street southeast of N. Park Avenue (and Amador Street) (Council District 3)
1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c), Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. EA-14-049.
2. RESOLUTION - Ordering the summary vacation of a portion of “L” Street southeast of N. Park Avenue (and Amador Street).
Body
RECOMMENDATIONS
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c), Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. EA-14-049.
2. Adopt the attached resolution ordering the summary vacation of a portion of “L” Street southeast of North Park Avenue (and Amador Street).
EXECUTIVE SUMMARY
Granville Homes, Inc., on behalf of FFDA Properties, LLC., has requested the vacation of a portion of “L” Street south of North Park Avenue as shown on Exhibit “A” of the attached resolution. The purpose for the vacation is to eliminate excess public street right-of-way and incorporate this area into the adjacent FFDA Properties, LLC., parcel.
BACKGROUND
That portion of “L” Street being vacated is shown on Exhibit “A” of the attached Summary Vacation. “L” Street was dedicated as a public street right-of-way easement on the Supplemental Map of the Town of Fresno, recorded April 11, 1877, in Volume 1 of Plats at Page 3, Fresno County Records.
The Traffic and Engineering Services Division, other City departments, and utility agencies reviewed this proposal and determined that there are no public utility facilities within the area proposed for vacation, that the area proposed for vacation is unnecessary for present or prospective public street purposes, and that the proposed vacation will not cut off all access to the property adjoining the area proposed for vacation.
The provisions of Chapter 4, commencing with Section 8330 of the California Streets and Highways Code, authorize the Council to summarily vacate a public street easement that is considered excess right-of-way not required for street or highway purposes and has no public utility facilities within the area to be vacated. Under these provisions, only one Council action is necessary and a published notice, posting and public hearing are not required.
The vacation, if approved by the Council, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder.
The City Attorney's Office has reviewed and approved the attached resolution as to form.
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary environmental assessment of this project and has determined this project falls within the Class 1 Categorical Exemption set forth in Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines as the vacation of this public easement does not involve the expansion of use of public facilities beyond that existing at this time. 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 a public easement does not involve bidding or contracting.
FISCAL IMPACT
There will be no City funds involved with this vacation. FFDA Properties, LLC., has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachments:
1. Vicinity Map
2. Environment Assessment No. EA-14-049
3. Resolution