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 a public street easement at the southeast corner of East Shaw Avenue and North Fresno Street (Council District 4):
1. Adopt a finding of Categorical Exemption per Environmental Assessment Number D-17-120 per staff determination, pursuant to Section 15332 Class 32 of the California Environmental Quality Act (CEQA) Guidelines
2. ***RESOLUTION - Ordering the summary vacation of a portion of a public street easement at the southeast corner of East Shaw Avenue and North Fresno Street
Body
RECOMMENDATIONS
Staff recommends the City Council adopt a finding of Categorical Exemption per Environmental Assessment Number D-17-120 per staff determination, pursuant to Section 15305 Class 5 of the California Environmental Quality Act (CEQA) Guidelines and adopt the attached Resolution ordering the summary vacation of a portion of a public street easement at the southeast corner of East Shaw Avenue and North Fresno Street.
EXECUTIVE SUMMARY
Zinkin & Penny, LLC is requesting the proposed vacation of a portion of a public street easement at the southeast corner of East Shaw Avenue and North Fresno Street. The purpose of this proposed vacation is to accommodate improvements associated with Development Permit Application Number D-17-120, which is the construction of an approximately 2,240 square foot commercial retail AT&T building with associated parking and landscaping.
BACKGROUND
This public street easement was originally dedicated February 10, 2004 by Instrument Number 2004-0030754, Official Records Fresno County. The purpose of this easement was to accommodate construction of sidewalk and driveway improvements. Development Permit Application Number D-17-120 is proposing to move the existing driveway to the south. The proposed public street vacation will dispose of the excess public street right of way resulting from this driveway approach relocation.
The Public Works Department, other City departments and utility agencies have reviewed the proposed vacation and determined the vacation of a portion of a public street easement at the southeast corner of East Shaw Avenue and North Fresno Street as described in Exhibit A and as shown on Exhibit B is not necessary at this location, said exhibits are included in the attached Resolution.
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 as to form.
The vacation, if approved by Council, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder.
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary environmental assessment of this project and has determined this project falls within the Categorical Exemption set forth in Section 15332 Class 32 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. Furthermore, the proposed project is not expected to have a significant effect on the environment. Accordingly, a categorical exemption, as noted above, has been prepared for the project.
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 4 and there will be no City funds involved with this vacation. Zinkin & Penny, LLC has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachment(s):
Vicinity Map
EA-PW13213
Resolution