REPORT TO THE CITY COUNCIL
October 29, 2015
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, PE, City Traffic Engineer/Division Manager
Public Works Department, Traffic and Engineering Services Division
BY: ALAN JAMES, Supervising Engineering Technician
Public Works Department, Traffic and Engineering Services Division
SUBJECT
Title
HEARING - Regarding the vacation of portions of public street easement at the northwest corner of E. San Gabriel and N. Chestnut Avenues (Council District 4)
1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Sections 15301, 15302 and 15303 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. EA-13-014
2. RESOLUTION - Ordering the vacation of portions of public street easement at the northwest corner of E. San Gabriel and N. Chestnut Avenues
Body
RECOMMENDATIONS
Staff recommends the City Council adopt a finding of Categorical Exemption per staff determination, pursuant to Sections 15301 (Class 1/Existing Facilities), 15302 (Class 2/Replacement or Reconstruction), and 1503 (Class 3/New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines and conduct the required public hearing and, at the close of the hearing, adopt the attached resolution ordering the vacation of portions of public street easement at the northwest corner of East San Gabriel and North Chestnut Avenues as described in Exhibit “A” and shown on Exhibit “B” of the attached resolution.
EXECUTIVE SUMMARY
Robert L. Thompson is part owner of the parcel abutting the areas proposed to be vacated and is requesting the proposed vacation. The purpose of the vacation is to facilitate future development of a single family residence by increasing the square footage of the parcel.
BACKGROUND
The abutting parcel is a triangular shaped remnant parcel of land created by the relocation of the Fresno Irrigation District Dry Creek Canal necessitated by the construction of State Route Freeway 168.
The portions of street easements proposed to be vacated were dedicated as easements for public street purposes by the map of Tract No. 1856, Bonadelle Homes No. 6 in Volume 21 of Plats at Page 41, Fresno County Records.
The Traffic and Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacation and determined that the easements proposed for vacation are unnecessary for present or prospective public street purposes subject to the reservation of public utility easements over portions of the area proposed to be vacated as described in Exhibit “C” and shown on Exhibit “D”, and the conditions listed on Exhibit “E” of the attached resolution.
On October 8, 2015, the Council adopted Resolution of Intention No. 1101-D, setting the time and place for the public hearing at 10:00 a.m. on October 29, 2015, in the Council Chambers at Fresno City Hall. The public hearing has been duly noticed in accordance with the Public Streets, Highways, and Service Easements Vacation Law.
The City Attorney's Office has approved the attached resolution 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 specified in Exhibit “E” of the attached resolution have been satisfied and accepted by the City.
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary environmental assessment of this project and has determined this project is exempt under Sections 15301 (Class 1/Existing Facilities), 15302 (Class 2/Replacement or Reconstruction), and 1503 (Class 3/New Construction or Conversion of Small Structures) 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.
LOCAL PREFERENCE
Not applicable 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. Robert L. Thompson has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachments:
Vicinity Map
EA-13-014
Resolution