REPORT TO THE CITY COUNCIL
June 28, 2018
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning Division
JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Engineering Division - Chief Surveyor Section
SUBJECT
Title
***RESOLUTION - Dedicating a portion of City-owned property at 8090 N. Palm Avenue for the purpose of providing a private access easement to the adjacent property. (Council District 2) (Subject to Mayor’s Veto)
Body
RECOMMENDATION
Staff recommends the Council adopt the attached resolution dedicating a portion City-owned property at 8090 N. Palm Avenue for the purpose of providing a private access easement to the adjacent property.
EXECUTIVE SUMMARY
Stan Spano is requesting the dedication of a 12 foot wide access easement as described in Exhibit “A” and as shown on Exhibit “B” of the attached Resolution. The purpose of this vacation is to satisfy a condition of approval for Lot Line Adjustment No. 2009-16.
BACKGROUND
The purpose of the dedication of this 12.00 foot wide access easement is to satisfy a condition of approval for Lot Line Adjustment No. 2009-16. This condition is required to prevent the creation of a land-locked parcel that does not have access to a public street. Parcel “A” of Lot Line Adjustment No. 2009-16 will not have access to a public street. The absence of a public street access will prevent this mapping procedure from being completed in compliance with state law and local ordinances.
Parcel “A” is intended to be purchased by the San Joaquin River Access Corporation (SJRAC). The SJRAC is a nonprofit group that is working with the State of California and the City to provide a parking lot on the Spano property that will be open to the public for use with the future extension of the Lewis S. Eaton Trail. A permanent access road is planned to be constructed through Spano Park and down the river bluff, and then across State property, to the future parking lot. The 12-foot easement proposed at this time can be vacated when the permanent access road is finished. This easement is only being processed to allow the Lot Line adjustment to be recorded and the land transferred to SJRAC. Staff estimates that it will take at least six months to get approval from the State to construct the permanent access road. The SJRAC does not want to wait for State approvals to complete the transfer of the property;
The Engineering Division, and other City departments have determined that this temporary access easement will be sufficient and provide the required access to a public street.
The City Attorney's Office has approved the attached resolution as to form.
The dedication, if approved by the Council, will become effective when the dedication resolution is recorded in the office of the Fresno County Recorder.
ENVIRONMENTAL FINDINGS
The San Joaquin River Conservancy performed an Environmental Impact Report, State Clearinghouse No. 2014061017 and adopted this report by Resolution 17-01 on November 15, 2017. The Conservancy was established in the California Resources Agency by the California State Legislature to acquire and manage public lands within the San Joaquin River Parkway. The Conservancy was directed in the Act to acquire and manage these lands in the Parkway to provide a harmonious combination of low-impact recreational and educational uses and wildlife protection through the preservation of the San Joaquin River, existing publicly owned lands, the wildlife corridor, and all natural reserves (PRC Section 32510). Public Resource Code Sections 32500 et seq. authorizes the San Joaquin River Conservancy to implement the San Joaquin River Parkway Plan to adopt and carry out management plans for the protection of the natural and recreational resources of the parkway. The Conservancy, as the Lead Agency, prepared and circulated a draft Environmental Impact Report and Partially Revised Draft EIR for the proposed project (State Clearinghouse No. 2014061017) to meet the requirements of the California Environmental Quality Act (CEQA, Public Resource Code section 210000 et seq.; California Code of Regulations, title 12, section 15000 et seq.). The dedication is in harmony with the master plan and the EIR adopted by the Conservancy for the San Joaquin River Parkway. The Final EIR was certified by the San Joaquin Conservancy Board on November 15, 2017 through Resolution 17-01. Alternative 5B, along with adoption of CEQA Findings of Fact and Mitigation Monitoring and Reporting Plan for Alternative 5b was adopted by the San Joaquin River Conservancy Board on December 13, 2017 trough Resolution 17-02(Alt. 5B) The dedication is in harmony with the master plan and the EIR adopted by the Conservancy for the San Joaquin River Parkway, and is an approval to implement a portion of that project.
As required by CEQA Guidelines section 15050(b), the City, as a responsible agency, has considered the certified Final EIR and has determined that this approval was considered and assessed as part of the overall project in the Final EIR. And further, that pursuant to CEQA Guidelines section 15162:
1. No substantial changes are proposed to the project which require major revisions to the Final EIR due to the involvement of new significant environmental effects or an increase in the severing of previously identified significant effects; and
2. No substantial changes have occurred with respect to the circumstances under which the overall project was undertaken which require major revisions to the Final EIR due to the involvement of new significant environmental effects or an increase in the severing of previously identified significant effects; and
3. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Final EIR was certified has been identified. Specifically:
a. The project will not have one or more significant effects not discussed it the Final EIR.
b. There are no significant effects that are more severe than when they were previously examined in the Final EIR.
c. There are no mitigation measures that were previously found to be infeasible, but that would substantially reduce one or more significant effects, that have now become feasible.
Because none of the circumstances set forth in CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or Negative Declaration have occurred, no further environmental assessment is required for this approval.
LOCAL PREFERENCE
Local preference does not apply because the dedication of a public street easement does not involve bidding or contracting.
FISCAL IMPACT
The cost for staff’s preparation of this dedication has been allocated to Measure “C” funds previously appropriated for the Eaton Trail Extension in the FY2018 budget.
Attachments:
Vicinity map
Resolution