REPORT TO THE CITY COUNCIL
FROM: NICHOLAS D. MASCIA, PE, Assistant City Manager
Interim Director-Capital Projects Department
SCOTT L. MOZIER, PE, Director
Public Works Department
BY: ANTONIO M. BUELNA, PE, Assistant Director
Capital Projects Department, Capital Administration Division
JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Traffic & Engineering Services Division
NANCY BRUNO, Supervising Real Estate Agent
Capital Projects Department, Capital Administrative Division
SUBJECT
Title
Actions pertaining to the disposition of City owned, undeveloped right of way situated on the west side of South Golden State Boulevard, north of East Jensen Avenue (Council District 3):
1. Adopt a finding of Categorical Exemption per Environmental Assessment Number TPM 2021-15, pursuant to Section 15315 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number TPM 2021-15 for Tentative Parcel Map No. 2021-15;
2. RESOLUTION - Adopt the attached Resolution of Intention Number 1157-D to vacate a portion of the public street right of way located on the west side of South Golden State Boulevard, north of East Jensen Avenue;
3. ***RESOLUTION - Adopt the attached Resolution declaring a 9,650.1 square foot portion of public street right of way located on the west side of South Golden State Boulevard, north of East Jensen Avenue, Fresno, California to be exempt surplus land (Council District 3) (Subject to Mayor’s Veto);
4. Approve the execution of the Agreement for Purchase and Sale of Real Property and Escrow Instructions to sell a 0.22-acre (9,650.1 square feet) City owned, undeveloped portion of land contiguous to Assessor’s Parcel Number 479-071-36, located on the west side of South Golden State Boulevard, north of East Jensen Avenue in the amount of $500.00 to California-Fresno Investment Company, a California corporation, and authorize the City Manager or designee to execute the purchase and Sale Agreement and associated Grant Deed for the transfer of the subject property;
5. Set the required public hearing at 9:15 a.m. on April 24, 2025.
Body
RECOMMENDATIONS
Staff recommends the City Council a) adopt a finding of Categorical Exemption per Environmental Assessment Number TPM 2021-15, b) adopt the attached Resolution of Intention Number 1157-D for the proposed vacation of a portion of the public street right of way on the south side of South Golden State Boulevard, north of East Jensen Avenue and set the required public hearing at 9:15 a.m. on April 24, 2025, c) adopt the attached Resolution declaring a 0.22-acre (9,650.1 square feet) portion of City-owned, undeveloped right of way located on the west side of South Golden State Boulevard, north of East Jensen Avenue to be exempt surplus land pursuant to California Government Code Section 54221 (f)(1)(B), and d) approve the execution of the Agreement for Purchase and Sale of Real Property and Escrow Instructions and authorize the City Manager or designee to execute the Purchase Agreement and associated Grant Deed with California-Fresno Investment Company, a California corporation for the transfer of the subject property
EXECUTIVE SUMMARY
The City of Fresno owns a 0.22-acre (9,650.1 square feet) portion of undeveloped right of way located on the west side of South Golden State Boulevard, north of East Jensen Avenue. This parcel was acquired by the City in fee through relinquishment from the State of California on March 5, 1965, specifically for use as a City street. This portion of land no longer functions as public street right of way and is not needed for any future use by the City. California-Fresno Investment Company, a California corporation is proposing to vacate a portion of the public street right of way on the west side of South Golden State Boulevard, north of East Jensen Avenue. The purpose of this proposed vacation is to propose a 4-lot subdivision of an approximately 4.28-acre property in the IH (Employment - Heavy Industrial) zone district, including an approximately 9,650.1 square foot vacation of public street right of way abutting the property along South Golden State Boulevard, north of East Jensen Avenue. The vacation of this portion will accommodate Site Plan Number PW13360, and the proposed subdivision is consistent with the Employment - Heavy Industrial planned land use designation of the Fresno General Plan.
BACKGROUND
The City of Fresno owns a 0.22-acre (9,650.1 square feet) portion of undeveloped right of way located on the west side of South Golden State Boulevard, north of East Jensen Avenue (Subject Property). This parcel was acquired by the City in fee through relinquishment from the State of California on March 5, 1965, specifically for use as a City street. This portion of land no longer functions as public street right of way and is not needed for any future use by the City. California-Fresno Investment Company, a California corporation (CFIC) is proposing to vacate a portion of the public street right of way on the west side of South Golden State Boulevard, north of East Jensen Avenue. The purpose of this proposed vacation is to propose a 4-lot subdivision of an approximately 4.28-acre property in the IH (Employment - Heavy Industrial) zone district, including an approximately 9,650.1 square foot vacation of public street right of way abutting the property along South Golden State Boulevard, north of East Jensen Avenue. The vacation of this portion will accommodate Parcel Map 2021-15, and the proposed subdivision is consistent with the Employment - Heavy Industrial planned land use designation of the Fresno General Plan.
City staff determined the value of the Subject Property, previously used as the shoulder area of South Golden State Boulevard to be $500.00, consistent with values of undeveloped shoulder land throughout the City. CFIC concurred with the value and the representatives of the corporation signed the Purchase and Sale Agreement on January 29, 2025. Staff recommends the City Council authorize the City Manager or designee to execute the Purchase and Sale Agreement and associated Grant Deed for the transfer of the subject property.
City projects that involve the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available. The parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.
The Public Works Department, other City departments and utility agencies have reviewed the proposed vacation and determined that the street right of way proposed for vacation is unnecessary for present or prospective street purposes, as described in Exhibit “A” and as shown on Exhibit “B,” subject to the reservation of a utility easement over the entire area proposed to be vacated and subject to conditions of approval as listed in the Vacation Conditions of Approval in Exhibit “C.”
The City will be disposing of this portion of land in accordance with the Surplus Land Act.
The City Attorney’s Office has approved the attached Resolutions and Purchase and Sale Agreement 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 project is exempt under Section 15315 (Class 15/Minor Land Divisions) of the California Environmental Quality Act (CEQA) Guidelines. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project.
Section 15315 (Class 15/Minor Land Divisions) of the CEQA Guidelines exempts from the provisions of CEQA projects consisting of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.
The subject application meets all of the requirements of a Section 15315/Class 15 Categorical Exemption.
LOCAL PREFERENCE
Local preference does not apply because the vacation of a right-of-way does not involve bidding or contracting.
FISCAL IMPACT
This vacation is located in Council District 3 and there will be no City funds involved with this vacation. Mark Greenwood & Associates paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachments:
EA TPM 2021-15
Resolution of Intent No. 1157-D
Resolution Declaring Surplus Land Exempt
Purchase and Sale Agreement
Exhibit “C,” Vacation Conditions of Approval
Location Map
Vicinity Map