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 Surveyor
Public Works Department, Engineering Division, Right of Way Section
SUBJECT
Title
Actions pertaining to Resolution of Intention Number 1149-D to vacate a portion of the southeasterly side of North State Street between West Mission Avenue and Golden State Boulevard (Council District 1):
1. Adopt a finding of Categorical Exemption per Environmental Assessment Number P21-04762 per staff determination, pursuant to Sections 15332/Class 32, 15301/Class 1, and 15303/Class 3 of the California Environmental Quality Act (CEQA) Guidelines
2. Adopt the attached Resolution of Intention Number 1149-D to vacate a portion of the southeasterly side of North State Street between West Mission Avenue and Golden State Boulevard
Body
RECOMMENDATIONS
Staff recommends the City Council adopt a finding of Categorical Exemption per Environmental Assessment Number P21-04762, pursuant to Sections 15332/Class 32, 15301/Class 1, and 15303/Class 3 of the California Environmental Quality Act (CEQA) Guidelines and adopt Resolution of Intention No. 1149-D for the proposed vacation of a portion of the southeasterly side North State Street between West Mission Avenue and Golden State Boulevard and set the required hearing at 10:00 a.m. on December 1, 2022.
EXECUTIVE SUMMARY
Star Project Housing, Inc. is proposing to vacate a portion of the southeasterly side North State Street between West Mission Avenue and Golden State Boulevard. The purpose of this vacation is to dispose of excess right of way and to accommodate development for Conditional Use Permit Application Number P19-02037. This development permit is for the proposed construction a multiple family residential development consisting of six dwelling units located in two-story, detached townhouse buildings with private garages.
BACKGROUND
This portion of North State Street was originally dedicated to the County of Fresno with a full width of 100 feet, 50 feet on each side by map of Highway City recorded June 2, 1933. On June 1, 1981, the City of Fresno annexed this area by Annexation Number 844. This City has since classified this portion of North State Street as a local street having a 54 foot total width, 27 feet on each side. This results in 23 feet of excess right of way on each side of said street.
The Public Works Department, other City departments and utility agencies have reviewed the proposed vacation and determined that the public street easement proposed for vacation is unnecessary for present or prospective public street purposes, as described in Exhibit A and as shown on Exhibit B, subject to conditions of approval as listed in Exhibit C. Said exhibits are included in the attached Resolution of Intent, subject to the reservation of a public utility easement and a public pedestrian easement over a portion of the street proposed to be vacated as shown on said Exhibit B.
The City is not disposing of any land and therefore the Surplus Land Act is not applicable.
The City Attorney’s Office has approved the attached Resolution of Intent 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 California Environmental Quality Act (Public Resource Code Section 21000 et seq.) permits a public agency to determine whether a particular project is exempt from CEQA. Staff has determined that this project is Categorical Exemption pursuant to Sections 15332/Class 32, 15301/Class 1, and 15303/Class 3 of the California Environmental Quality Act (CEQA) Guidelines.
This project falls within the Categorical Exemption set forth in CEQA Guidelines Section 15332/Class 32 which exempts infill development. Staff found that those conditions are met with the vacation conditions set forth by Public Works. The project is consistent with the applicable general plan designation and all applicable general plan policies, as well as with applicable zoning designation and regulations. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site has no value as habitat for endangered, rare or threatened species. Approval of the project would not result in any significant effects related to traffic, noise, air quality or water quality. The site can be adequately served by all required utilities and public services.
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, licensing, 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; including but not limited to, alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.
Section 15303/Class 3 (New Construction or Conversion of Small Structures) consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to: (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. Additional examples of this include but are not limited to (a) one single family residence, or a second dwelling unit in a residential zone; in urbanized areas up to three single family residences may be constructed or converted under this exemption, and (b) a duplex or similar multifamily residential structure totaling no more than four dwelling units; in urbanized areas this exemption applies to apartments duplexes and similar structures designed for not more than six dwelling units, and (e) accessory structures including garages, carports, patios, swimming pools and fences.
Furthermore, Staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Therefore, the proposed project is not expected to have a significant effect on the environment. A categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive.
LOCAL PREFERENCE
Local preference does not apply because the vacation of a public street easement does not involve bidding or contracting.
FISCAL IMPACT
This vacation is located in Council District 1 and there will be no City funds involved with this vacation. Star Project Housing, Inc. has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachments:
State Street Vicinity Map
State Street Vacation EA
Resolution of Intent No. 1149-D