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, Engineering Services Division
SUBJECT
Title
RESOLUTION - Approving the Summary Vacation of a portion of the Southeast corner of East Divisadero Street and North Roosevelt Avenue. (District 3)
Body
RECOMMENDATION
Staff recommends the Council adopt a resolution approving the summary vacation of a portion of the southeast corner of East Divisadero Street and North Roosevelt Avenue, as described in Exhibit “A” and as shown on Exhibit “B” of the attached resolution.
EXECUTIVE SUMMARY
Benjamin Dreicer of Divisadero Prime, LLC is requesting the vacation of a portion of the southeast corner of East Divisadero Street and North Roosevelt Avenue. The purpose of the vacation is to eliminate excessive public street right-of-way and accommodate the affordable housing development on the adjacent property.
BACKGROUND
The proposed vacation is needed to vacate a portion of the public street easement on the south side of Divisadero Street between the Southern Pacific Railroad and the western boundary of 510 East Divisadero Street to accommodate a multi-family affordable housing development. Said public street easement is shown on Map of Central Addition, recorded on September 19, 1887, in Book 1 of Plats, at Page 30, Fresno County Records. The adjacent property owner would like to incorporate this excess right-of-way into land for future development and remove public easements on the property which no longer serve any purpose.
The Public Works Department, other City Departments and utility agencies have reviewed this proposal and determined that the street and pedestrian right-of-way 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 street and pedestrian easements that are considered excess right-of-way, are 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
Environmental Assessment Number P24-01882, was adopted by the Council on June 20, 2024, and is Categorically Exempt pursuant to Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines.
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 located in Council District 3. Benjamin Dreicer of Divisadero Prime, LLC has paid all processing fees to cover staff costs in accordance with the Master Fee Schedule.
Attachments:
Divisadero & Roosevelt Summary Vacation Resolution
Divisadero & Roosevelt Vicinity Map
Levine Act Disclosure - Divisadero Prime