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 Land Surveyor
Public Works Department, Right of Way Section
SUBJECT
Title
Actions pertaining to the summary vacation of a portion of the southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector (Council District 3)
1. Adopt finding of Categorical Exemption per staff determination, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW00663-SR99-01 for the Southeast corner of North Parkway Drive and West Shields Avenue
2. Adopt findings of Categorical Exemption per staff determinations, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW00663-SR99-02 for a portion of North Parkway Drive, north of West Weldon Avenue
3. Adopt findings of Categorical Exemption per staff determinations, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW00663-SR99-03 for a portion of North Marks Avenue, north of the Marks-Shields Connector
4. ***RESOLUTION - Ordering the summary vacation of a portion of the Southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector (Subject to Mayor’s Veto)
Body
RECOMMENDATION
Staff recommends the City Council adopt findings of Categorical Exemption per staff determinations, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW00663-SR99-01, Environmental Assessment Number PW00663-SR99-02, and Environmental Assessment Number PW00663-SR99-03 and adopt the attached resolution ordering the summary vacation of a portion of the southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector.
EXECUTIVE SUMMARY
Caltrans is requesting the vacation of a portion of the southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector. These proposed vacations are to eliminate excess right-of-way created by the State Route (SR) 99 Realignment Project. The vacation areas defined are no longer needed as public street right-of-way because the SR 99 Realignment Project constructed new street improvements and provided replacement right of way where necessary. All costs associated with these vacations are funded by the California High-Speed Rail Authority (CHSRA) through Reimbursement Agreement HSR No. 11-29.
BACKGROUND
High Speed Rail construction required a segment of State Route (SR) 99 to be realigned from West Ashlan Avenue to West Weldon Avenue. SR 99 has been realigned to the west and created excess public street remnants. These remnants no longer function as public streets due to their non-standard shapes, and had been planned to be disposed of back to Caltrans by the City in accordance with the vacation process and Surplus Land Act.
The Public Works Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacations and determined that the public street right-of-way proposed for vacation is unnecessary for present or prospective public street purposes as described in Exhibits “A1 through A3” and as shown on Exhibits “B1 through B3”, said exhibits are included in the attached Resolution to Vacate.
The City Attorney’s Office has approved the attached Resolution to Vacate 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 preliminary environmental assessments of this project and has determined this project is exempt under Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines as follows:
Section 15301 (Class 1/Existing Facilities) of the CEQA Guidelines exempts from the provisions of CEQA, projects consisting of the operation, repair, maintenance, permitting, leasing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Examples include but are not limited to: Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; and, existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). This project is removing existing street improvements and replacing them by constructing new street improvements and not altering the land use.
Section 15305 (Class 5/Minor Alteration in Land Use Limitations) of the CEQA Guidelines exempts from the provisions of CEQA, projects consisting of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to minor lot line adjustments not resulting in the creation of any new parcel. This project is removing existing street improvements and replacing them by constructing new street improvements and not altering the land use.
The proposed vacation of the above-described land meets the criteria noted above. There is no substantial evidence in the record that any of the exceptions to these Categorical Exemptions, set forth in CEQA Guidelines, Section 15300.2 apply to this project. Therefore, no adverse environmental impacts will occur as a result of the proposed project.
LOCAL PREFERENCE
Local preference does not apply because the vacation of public streets does not involve bidding or contracting.
FISCAL IMPACT
This project has no impact to the General Fund and is located in Council District 3. All costs associated with these vacations are funded by the CHSRA through reimbursement agreement HSR No. 11-29.
Attachments:
Vicinity Map
EA No. PW00663-SR99-01
EA No. PW00663-SR99-02
EA No. PW00663-SR99-03
Resolution for Summary Vacation