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
HEARING to consider the vacation of a portion of the public street easement on the north side of West Nees Avenue, east of West Audubon Drive (Council District 2):
1. ***RESOLUTION - Approving the vacation to vacate a portion of the public street easement on the north side of West Nees Avenue, east of West Audubon Drive. (Subject to Mayor’s Veto)
Body
RECOMMENDATION
Staff recommends the City Council conduct the required public hearing and at the close of the hearing, adopt the attached resolution approving the vacation of a portion of the public street easement on the north side of West Nees Avenue, east of West Audubon Drive.
EXECUTIVE SUMMARY
Blake Hoffman of Fresno Supreme, Inc., a California Corporation is proposing to vacate a portion of the public street easement on the north side of West Nees Avenue, east of West Audubon Drive. The purpose of this proposed vacation is to comply with the conditions of approval for the construction of new multi-family apartments and parking garage with Development Permit Application No. P19-04137.
BACKGROUND
The proposed vacation is needed to vacate the public street easement that is planned to remove the existing driveway approach that was originally dedicated to the City of Fresno by Document No. 2002-0157926 on September 12, 2002, Official Records of Fresno County. The area was annexed by the City of Fresno on October 17, 1974. An existing Public Utility Easement was dedicated by Parcel Map No. 2004-07 within a portion of the proposed vacated area. The proposed vacation is a condition of approval for the construction of new multi-family apartments and a parking garage, associated with Development Permit Application No. P19-04137.
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 the reservation of a public utility easement over the entire area proposed to be vacated and subject to conditions of approval as listed in Exhibit C.
The City is not disposing of any land and therefore the Surplus Land Act is not applicable.
The City Attorney’s Office has reviewed and approved the attached Resolution to Vacate 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
Environmental Assessment Number P24-03404, was adopted by the Council on February 13, 2025 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 a public street easement does not involve bidding or contracting.
FISCAL IMPACT
This vacation is located in Council District 2 and there will be no City funds involved with this vacation. Fresno Supreme, Inc paid all processing fees to cover staff costs in accordance with the Master Fee Schedule.
Attachments:
Resolution to Vacate
Vicinity Map