REPORT TO THE CITY COUNCIL
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: Randall W. Morrison, PE, Assistant Director
Public Works Department, Engineering Division
JASON A. CAMIT, PLS, Chief Land Surveyor
Public Works Department, Right of Way Section
SUBJECT
Title
Actions pertaining to the summary vacation of P Street between Ventura Avenue and State Route 41 (Council District 3):
1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301/Class 1, Section 15303/Class 3, and Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number P21-06011
2. RESOLUTION - Ordering the summary vacation of P Street between Ventura Avenue and State Route 41
Body
RECOMMENDATION
Staff recommends the City Council to adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301/Class 1 (Existing Facilities), Section 15303/Class 3 (New Construction or Conversion of Small Structures), and Section 15332, Class 32 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number P21-06011 and adopt the attached resolution ordering the summary vacation of P Street between Ventura Avenue and State Route 41.
EXECUTIVE SUMMARY
William Dyck of Baltara Enterprises LP, on behalf of Bitwise Hive is requesting the vacation of P Street between Ventura Avenue and State Route 41. The purpose of this proposed vacation is to accommodate parking for Bitwise Hive.
BACKGROUND
This portion of P Street was originally dedicated for public street purposes by Map of Fresno recorded June 8, 1876, in Volume 1 of Plats, at Page 2, Fresno County Records. In 1966 the State of California acquired land to construct State Route 41 and the O Street Diagonal. By doing this, the State created a segment of P Street that was blocked on the southeast by State Route 41 and blocked on the northwest end by the O Street Diagonal. Bitwise Hive now uses this segment of P Street for parking for their building. This segment of P Street is no longer a viable public street.
The Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacation and determined that the public street right-of-way proposed for vacation is
unnecessary for present or prospective public street purposes and as shown on Exhibit “A”, said exhibit is included in the attached Resolution to Vacate.
City Attorney has approved the attached Resolution to Vacate as to form.
The City is not disposing of any land and therefore the Surplus Land Act is not applicable.
The vacation, if approved by the Council, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder.
ENVIRONMENTAL FINDINGS
Staff has performed an Environmental Assessment of this project and determined that it falls within the following Categorical Exemptions set forth in the CEQA Guideline Sections:
Section 15301/ Class 1 (Existing Facilities) of the CEQA Guidelines exempts from the provisions of CEQA, projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination; including but not limited to, alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.
Section 15303/Class 3 (New Construction or Conversion of Small Structures) consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to: (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. Additional examples of this include but are not limited to (a) one single family residence, or a second dwelling unit in a residential zone; in urbanized areas up to three single family residences may be constructed or converted under this exemption, and (b) a duplex or similar multifamily residential structure totaling no more than four dwelling units; in urbanized areas this exemption applies to apartments duplexes and similar structures designed for not more than six dwelling units, and (e) accessory structures including garages, carports, patios, swimming pools and fences.
This project and falls within the Categorical Exemption set forth in CEQA Guidelines Section 15332/Class 32 which exempts infill development. Staff found that those conditions are met with the vacation conditions set forth by Public Works. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The proposed development occurs within city limits on a project site of no more than five acres that is substantially surrounded by urban uses. The project site has no value as habitat for endangered, rare or threatened species. Approval of the project would not result in any significant effects related to traffic, noise, air quality or water quality. The site can be adequately served by all required utilities and public services.
Furthermore, Staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Therefore, the proposed project is not
expected to have a significant effect on the environment. A categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive.
LOCAL PREFERENCE
Local preference does not apply because the vacation of a public street does not involve bidding or contracting.
FISCAL IMPACT
This project has no impact to the General Fund and is located in Council District 3. Bitwise has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachment:
PStreetVacationVicinitMap
PStreetVacationEA P21-06011
PStreetSummaryVacation