REPORT TO THE CITY COUNCIL
November 17, 2016
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
THROUGH: ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic and Engineering Services Division
RANDALL MORRISON, PE, Deputy City Engineer
Public Works Department, Traffic and Engineering Services Division
BY: JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Traffic and Engineering Services Division
SUBJECT
Title
HEARING regarding the vacation of the Broadway Diagonal between “H” Street and Broadway Plaza and the Broadway Plaza - “H” Street Alley between Merced Street and the Broadway Diagonal. (Council District 3)
1. ***RESOLUTION - Ordering the vacation of the Broadway Diagonal between “H” Street and Broadway Plaza and the Broadway Plaza - “H” Street Alley between Merced Street and the Broadway Diagonal.
Body
RECOMMENDATION
Staff recommends the City Council conduct the required public hearing and at the close of the hearing, adopt the attached resolution ordering the vacation of the Broadway Diagonal between “H” Street and Broadway Plaza and the Broadway Plaza - “H” Street Alley between Merced Street and the Broadway Diagonal, as described in Exhibit “A” and shown in Exhibit “B” of the attached resolution.
EXECUTIVE SUMMARY
APEC International, is requesting the vacation of the Broadway Diagonal between “H” Street and Broadway Plaza and the Broadway Plaza - “H” Street Alley between Merced Street and the Broadway Diagonal, as described in Exhibit “A” and shown in Exhibit “B” of the attached resolution. The proposed vacation is to accommodate development proposed by Site Plan No. S-14-076.
BACKGROUND
The vacation is to accommodate development proposed by Site Plan No. S-14-076. This development includes the rehabilitation of the historic Hotel Fresno with 10,005 square feet of retail space and the construction of a multi-story parking structure with 4,000 square feet of retail space.
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 easement proposed for vacation is unnecessary for present or prospective public street purposes as described in Exhibit “A” and shown in Exhibit “B” of the attached resolution, subject to the reservation of a public utility easement over the entire area proposed for vacation and the conditions listed on Exhibit “C” of the attached resolution.
This action is being taken pursuant to the provisions of the Public Streets, Highways, and Service Easements Vacation Law (California Streets and Highways Code Sections 8300-8363).
City Attorney has approved the attached Resolution as to form.
On October 20, 2016, the Council adopted Resolution of Intention No. 1111-D, setting the time and place for the public hearing at 2:05 p.m. on November 17, 2016, in the Council Chambers at Fresno City Hall. The public hearing has been duly noticed in accordance with the Public Streets, Highways, and Service Easements Vacation Law.
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
This proposed vacation is included in the project description for a project that was previously environmentally assessed and determined not to be within the scope of the Master Environmental Impact Report (MEIR) SCH No. 2012111015 prepared for the Fresno General Plan. With project specific mitigation imposed, there is no substantial evidence in the record that this project may have additional significant, direct, indirect, or cumulative effects on the environment that are significant and that were not identified and analyzed in the MEIR. After conducting a review of the adequacy of the MEIR pursuant to Public Resources Code, Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete and become available. The project is not located on the site which is included on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to, lists of hazardous waste facilities, land designated as hazardous waste property, hazardous waste dispose sites and other, and the information in the Hazardous Waste and Substances Statement required under subdivision (f) of the Section. Therefore, the Development and Resource Management Department filed a Notice of Intent to adopt a Mitigated Negative Declaration for this project on September 30, 2016, with the Fresno County Clerk’s Office as required by the California Environmental Quality Act. No comments were received within the 20-day comment period. The Director of the Development and Resource Management Department approved the Mitigated Negative Declaration, along with Development Permit Application No. D-16-105 on October 26, 2016.
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.
Attachment:
D-16-105
Resolution of Intent No. 1111-D