REPORT TO THE CITY COUNCIL
March 21, 2019
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 - Chief Surveyor Section
SUBJECT
...Title
RESOLUTION - Ordering the summary vacation of a portion of Fowler Avenue Frontage Road at Illinois Avenue. (Council District 5.)
...Body
RECOMMENDATION
Staff recommends the City Council adopt a resolution ordering the summary vacation of a portion of Fowler Avenue Frontage Road at Illinois Avenue, as described in Exhibit “A” and as shown on Exhibit “B” of the attached resolution.
EXECUTIVE SUMMARY
Bonnadelle Homes is requesting the vacation of a portion of Fowler Avenue Frontage Road at Illinois Avenue. The purpose of the vacation is to eliminate excessive public street right-of-way.
BACKGROUND
Bonnadelle Homes is requesting the vacation of a portion of Fowler Avenue Frontage Road at Illinois Avenue, as described in Exhibit “A” and as shown on Exhibit “B” of the attached Resolution. The purpose of the vacation is to eliminate excessive public street right-of-way. The area proposed to be vacated was dedicated and constructed by Tract No. 3748. The frontage road requirement along Fowler Avenue has been eliminated for current and future development, making the area proposed to be vacated excess right-of-way.
The Public Works Department, other City Departments and utility agencies have reviewed this proposal and determined that the street right-of-way proposed for vacation is unnecessary for present or prospective public purposes. All of the existing street improvements from within the area proposed to be vacated have been removed and the area regraded to match the adjacent areas, and the construction of new improvements in the proper location have been completed in accordance with approved street plans.
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, is 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 City Attorney's Office has approved the attached resolution as to form.
The vacation, if approved by the Council, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder.
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary Environmental Assessment No. EA-06-41 of this project is categorically exempt and there is no possibility that the proposed vacation may have a significant adverse effect on the environment, and the proposed vacation is therefore exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c)/ Class1 of the State CEQA guidelines. This Environmental Assessment was adopted by Council on August 21, 2007 by Resolution of Intent No. 1062-D.
LOCAL PREFERENCE
Local preference does not apply because the vacation of public right-of-way does not involve bidding or contracting.
FISCAL IMPACT
Bonnadelle Homes, the adjacent property owner, has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachments:
Vicinity Map
EA-06-41
RES_Summary_Folwer