REPORT TO THE CITY COUNCIL
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: JILL M. GORMLEY, TE, Assistant Director
Public Works Department, Traffic & Engineering Services Division
JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Traffic & Engineering Services Division
SUBJECT
Title
Actions pertaining to the summary vacation of a portion of the unused public utility easement located adjacent to North Alicante Drive and west of North Willow Avenue (Council District 6).
1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301/Class 1 and Section 15305/Class 5 of the California Environmental Quality Act (CEQA) Guidelines, EA P23-02518.
2. RESOLUTION - Ordering the summary vacation of a portion of the unused public utility easement located adjacent to North Alicante Drive and west of North Willow Avenue.
Body
RECOMMENDATIONS
Staff recommends the Council adopt a Categorical Exemption for EA P23-02518, pursuant to Section 15301, Class 1 Existing Facilities and, pursuant to Section 15305, Class 5 Minor Alteration in Land Use Limitations of the California Environmental Quality Act (CEQA) Guidelines and adopt a resolution ordering the summary vacation of a portion of the unused public utility easement located adjacent to North Alicante Drive and west of North Willow Avenue, as described in Exhibit A, as shown on Exhibit B of the attached resolution.
EXECUTIVE SUMMARY
CRD East, Inc. is requesting the vacation of a portion of the unused public utility easement located adjacent to North Alicante Drive and west of North Willow Avenue. The purpose of the vacation is to eliminate the unused portion of the public utility easement due to the construction of North Alicante Drive.
BACKGROUND
The proposed vacation is needed to vacate a portion of the unused public utility easement that is no longer needed, as a result of the construction of North Alicante Drive. All existing public utilities have been constructed within North Alicante Drive. No public utilities were ever constructed within the subject public utility easement. The adjacent property owner would like to incorporate this portion of the unused public utility easement, which no longer serves any purpose, into land for future development on the property.
The Public Works Department, other City Departments and utility agencies have reviewed this proposal and determined that the public utility easement proposed for vacation is unnecessary for present or prospective public purposes.
The provisions of Chapter 4, commencing with Section 8330 of the California Streets and Highways Code, authorize the Council to summarily vacate public service easements that have been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located 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
This project is exempt under Section 15301/Class 1 (Existing Facilities) and Section 15305/Class 5 (Minor Alteration) of the California Environmental Quality Act (CEQA) Guidelines.
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). All existing public utilities have been constructed within North Alicante Drive. No public utilities were ever constructed within the subject public utility easement and therefore, there is no expansion of use as provided for in Class 1. The adjacent property owner would like to incorporate this portion of the unused public utility easement, which no longer serves any purpose, into land for future development on the property.
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. The City of Fresno will not make any physical changes to the public street known as North Alicante Drive. The City will make a minor alteration by vacating a portion of a public utility easement that is no longer necessary for public use and has less than a 20% slope, as provided for in this categorical exemption.
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 right-of-way does not involve bidding or contracting.
FISCAL IMPACT
There will be no City funds involved with this vacation. CRD East, Inc. has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachments:
Vicinity Map
EA P23-02518
Resolution to Vacate