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 Division - Chief Surveyor Section
SUBJECT
Title
Actions pertaining to the summary vacation of a portion of a sewer easement lying in Lot 11 of Block D of Highway City, North of West Shaw Avenue and West of North Cornelia Avenue (Council District 1):
1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15305 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number P24-00689,
2. RESOLUTION - Ordering the summary vacation of a portion of a sewer easement lying in Lot 11 of Block D of Highway City, North of West Shaw Avenue and West of North Cornelia Avenue.
Body
RECOMMENDATIONS
Staff recommends the Council adopt a Categorical Exemption for Environmental Assessment Number P24-00689; and adopt a resolution ordering the summary vacation of a portion of a sewer easement lying in Lot 11 of Block D of Highway City, North of West Shaw Avenue and West of North Cornelia Avenue, as described in Exhibit “A” and as shown on Exhibit “B” of the attached resolution.
EXECUTIVE SUMMARY
The Core State Group is requesting the vacation of a portion of a sewer easement lying in Lot 11 of Block D of Highway City, North of West Shaw Avenue and West of North Cornelia Avenue. The purpose of the vacation is to privatize the existing sewer and accommodate the expansion of the In-N-Out Burger.
BACKGROUND
The proposed vacation is needed to vacate the public sewer easement that is no longer needed, as a result of the expansion of the In-N-Out Burger. In 1976, said sewer easement was granted to the County of Fresno. In 1981, Annexation No. 844 annexed said sewer easement into the City of Fresno. With the expansion of In-N-Out Burger, Core States group has asked to privatize the sewer. Once vacated by the City of Fresno, In-N-Out Burger will maintain the sewer.
The Public Works Department, other City Departments and utility agencies have reviewed this proposal and determined that the sewer easement proposed for vacation is unnecessary for present or prospective public utility 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, are 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 Attorney's Office has 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
This project is exempt under Section 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines.
Section 15305 (Class 5/Minor Alteration in Land Use Limitations) of the CEQA Guidelines exempts from the provisions of CEQA projects consisting of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to minor lot line adjustments not resulting in the creation of any new parcel.
The project site is currently improved as a restaurant and drive through, with no adjustments to land use or density proposed. The project site is located along a major transit corridor and is served by all necessary utilities and public services. The proposed vacation of a ten-foot-wide sewer easement meets the criteria noted above. There is no substantial evidence in the record that any of the exceptions to these Categorical Exemptions, set forth in CEQA Guidelines, Section 15300.2, apply to this project. Therefore, no adverse environmental impacts will occur as a result of the proposed project.
LOCAL PREFERENCE
Local preference does not apply because the vacation of public right-of-way does not involve bidding or contracting.
FISCAL IMPACT
This project is located in District 1 and there will be no City funds involved with this vacation. The Core States Group has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachment(s):
Vicinity Map
EA P24-00689
Resolution