REPORT TO THE CITY COUNCIL
March 2, 2017
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic and Engineering Services Division
RANDALL W. MORRISON, PE, Deputy City Engineer/Division Manager
Public Works Department, Traffic and Engineering Services Division
JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Traffic and Engineering Services Division
SUBJECT
Title
Actions pertaining to Resolution of Intention No. 1114-D to vacate a portion of Arroyo Avenue and an alley northeast of North “H” Street between Freeway 180 and the Dry Creek Canal; and setting the hearing for March 23,2017 at 10:00 a.m. (Council District 3).
1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15332 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. D-16-046.
2. Adopt the attached Resolution of Intention No. 1114-D to vacate a portion of Arroyo Avenue and a portion of an alley northeast of North “H” Street between Freeway 180 and the Dry Creek Canal.
3. Approve the sale of a portion of an alley northeast of North “H” Street between Freeway 180 and the Dry Creek Canal owned in fee simple title by the City of Fresno
Body
RECOMMENDATION
Staff recommends the City Council adopts Resolution of Intention No. 1114-D for the proposed vacation of a portion of Arroyo Avenue and a portion of an alley northeast of North “H” Street between Freeway 180 and the Dry Creek Canal, and sets the required hearing at 10:00 a.m. March 23, 2017. Staff also recommends Council approve the sale of a portion of the alley proposed to be vacated that is owned by the City in fee simple title as shown on Exhibit “A”.
EXECUTIVE SUMMARY
John Valentino, owner of the property adjacent to the area, is requesting the vacation of a portion of East Arroyo Avenue and a portion of an alley northeast of North “H” Street between Freeway 180 and the Dry Creek Canal as shown on Exhibit “A” of the attached Resolution of Intention. The purpose of the proposed vacation is to accommodate the renovation/adaptive reuse of an existing 10,485 square foot building for mixed use project on a heritage designation site as shown in Development Plan D-16-046.
BACKGROUND
Development Plan D-16-046 proposes the renovation/adaptive reuse of an existing 10,485 square foot building for a mixed use project on a heritage designation site. The ground floor will consist of commercial office space, meeting areas, a break room and kitchen, and an area for combining, preparing, and processing organic soil amendments as well as for the storage and retail sale of John and Bob's Smart Soil Solutions. No composting is proposed on-site. One residential unit is proposed on the first floor. The second floor, proposed to be added within the existing building frame, will consist of eight (8) single room occupancy dwelling units.
The portion of the alley right-of-way, approximately 6 feet wide, is owned in fee simple title is shown on Exhibit “A” of the attached Resolution of Intention. This area is a portion of a parcel acquired in fee by the City of Fresno by Resolution 1029, recorded April 4, 1937 in Book 1585, at Page 237, Official Record Fresno County and made a remnant by deed recorded July 16, 1968 as Document No. 49742, Official Records Fresno County. Staff recommends selling this remnant parcel to the applicant. Based on the size of the parcel, which prevents it from being independently developed, the City’s Real Estate Department has assessed a nominal value of $500.00. The westerly 14 feet of the alley proposed for vacation as shown in Exhibit “B” is a portion of an alley dedicated as an easement by Resolution No. 1176, recorded September 6, 1938, in Book 1716, at Page 203, Official Records Fresno County. The portion of East Arroyo Avenue proposed for vacation as shown in Exhibit “C” was dedicated as an easement by the map of La Sierra Tract, recorded in Book 5 in Record of Surveys, at Page 49, Fresno County Records.
The Traffic and Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacation and determined that the portion right-of-way proposed for vacation is unnecessary for present or prospective public street purposes as shown in Exhibit “D” of the attached Resolution of Intent, subject to the reservation of a public utility easement over the entire area proposed for vacation and the conditions listed on Exhibit “E” of the attached Resolution of Intention.
City Attorney has approved the attached Resolution of Intention 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
Under the Section 15332/Class 32 exemption, in-fill projects are considered exempt should they meet certain conditions. Development Permit Application No. D-16-046 meets all specified conditions in accordance with Section 15332 of CEQA as follows:
The development permit application is consistent with the Fresno General Plan, the Fresno High-Roeding Community Plan, and the Tower District Specific Plan land use designation of parks and open space/general commercial (dual designation) and conforms to all applicable policies. The lease site area is less than five acres, is completely surrounded by urban uses, and does not contain any significant value as habitat for endangered, rare, or threatened species. The subject site is adequately served by all required utilities and public services.
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. John Valentino, the adjacent property owner has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachment:
Vicinity Map
D-16-046
Resolution of Intent No. 1114-D