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, Engineering Services Division
SUBJECT
Title
RESOLUTION - Resolution of the Council of the City of Fresno approving the summary vacation of a portion of a public street easement on the northeast side of North Weber Avenue, lying northwest of West Herndon Avenue (Council District 2)
Body
RECOMMENDATION
Staff recommends the Council adopt a resolution approving the summary vacation of a portion of a public street easement on the northeast side of North Weber Avenue, lying generally northwest of West Herndon Avenue, as described in Exhibit “A” and as shown on Exhibit “B” of the attached resolution.
EXECUTIVE SUMMARY
6926 N. Weber Ave LLC, a California Limited Liability Company, which is the owner of APN 504-102-17 is requesting the vacation of a portion of a public street easement on the northeast side of North Weber Avenue, lying generally northwest of West Herndon Avenue. The purpose of the vacation is to accommodate the construction of an expansion of an existing parking lot associated with Site Plan Number P25-01449. The applicant has recently purchased a portion of the larger adjoining APN 504-102-15S to construct and expand this existing parking lot as shown on said site plan. A condition of approval for this development requires the vacation of excess public street right of way as described in Exhibit “A” and as shown on Exhibit “B” of the attached resolution.
BACKGROUND
The proposed vacation is needed to vacate a portion of a public street easement on the northeast side of North Weber Avenue, lying northwest of West Herndon Avenue, which was initially dedicated to the City of Fresno by map of Town of Herndon, recorded in or around 1904, Fresno County Records. The purpose of the vacation is to accommodate the construction of an expansion of an existing parking lot associated with Site Plan Number P25-01449. The applicant has recently purchased a portion of the larger adjoining APN 504-102-15S to construct and expand this existing parking lot as shown on said site plan. A condition of approval for this development requires the vacation of excess public street right of way as described in Exhibit “A” and as shown on Exhibit “B” of the attached resolution. All parcels are depicted within the attached Location Map.
The Public Works Department, other City Departments, and utility agencies have reviewed this proposal and determined that the public street easement proposed for vacation is unnecessary for present or prospective public street purposes.
The provisions of Chapter 4, commencing with Section 8330 of the California Streets and Highways Code, authorize the Council to summarily vacate the public street easement that is considered excess right-of-way, is not required for street or highway purposes, and has no public utility facilities within the area to be vacated. Under these provisions, only one Council action is necessary and a published notice, posting and public hearing are not required.
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 as to form.
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
A notice of exemption was filed with the County of Fresno for Environmental Assessment Application Number P22-00606 on June 9, 2023. On November 22, 2023, Notice of Exemption was refiled with the County of Fresno, to further expand language regarding the street vacation. The California Environmental Quality Act (Public Resource Code Section 21000 et seq.) permits a public agency to determine whether a particular project is exempt from CEQA. Staff has determined that this project is exempt pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines.
Under Section 15301/Class 1, the proposed project is exempt from CEQA requirements when the project consists 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 existing or former use.
The area proposed to be vacated is comprised of unimproved land that will be returned to the adjacent private property owner. The vacation will remove approximately 750 square feet of excess public street right of way. No significant effects would occur, as a result of the proposed vacation. The Notice of Exemption was filed along with the Conditional Use Permit and provides for this vacation. No additional adoption is required.
None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, 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 public right-of-way 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. 6926 N. Weber Ave LLC, a California Limited Liability Company, have paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachments:
Traditional Weber II Summary Reso
Traditional Weber II Vicinity Map
Traditional Weber II Location Map
Levine Act Disclosure Statement
EA P22-00606
Site Plan P25-01449 CP3 (P26-00377)