REPORT TO THE CITY COUNCIL
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
DENIX D. ANBIAH, PE, Director
Capital Projects Department
BY: ANTONIO M. BUELNA, PE, Assistant Director
Capital Projects Department, Capital Administration Division
JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Traffic & Engineering Services Division
NANCY BRUNO, Right of Way Manager
Capital Projects Department, Capital Administration Division
SUBJECT
Title
Actions pertaining to the disposition of City owned, undeveloped portions of right of way situated at the eastern intersection of Tuolumne Street and Fulton Street, and the southern intersection of Tuolumne Street and Van Ness Avenue (Council District 3):
1. RESOLUTION - Adopt the attached Resolution of Intent Number 1161-D to vacate two portions of City-owned right of way located at the eastern intersection of Tuolumne Street and Fulton Street, and the southern intersection of Tuolumne Street and Van Ness Avenue;
2. ***RESOLUTION - Adopt the attached Resolution declaring two portions of City-owned right of way, totaling approximately 0.64-acre (27,900 square feet), located at the eastern intersection of Tuolumne Street and Fulton Street, and the southern intersection of Tuolumne Street and Van Ness Avenue to be exempt surplus land (Council District 3) (Subject to Mayor’s Veto);
3. Approve the execution of the Agreement for Purchase and Sale of Real Property and Escrow Instructions for the sale of two portions of City-owned right of way, totaling a combined 0.64-acre (27,900 square feet), located at the eastern intersection of Tuolumne Street and Fulton Street, and the southern intersection of Tuolumne Street and Van Ness Avenue;
4. Set the required public hearing at 9:10 a.m. on December 18, 2025.
Body
RECOMMENDATIONS
Staff recommends the City Council 1) adopt the attached Resolution of Intention Number 1161-D for the proposed vacation of two portions of City-owned right of way located at the eastern intersection of Tuolumne Street and Fulton Street, and the southern intersection of Tuolumne Street and Van ness Avenue, and set the required public hearing for 9:10 a.m. on December 18, 2025, 2) adopt the attached Resolution declaring two portions of City-owned right of way, totaling approximately 0.64-acre (27,900 square feet), located at the eastern intersection of Tuolumne Street and Fulton Street, and the southern intersection of Tuolumne Street and Van Ness Avenue to be exempt surplus land pursuant to California Government Code Section 54221 (f)(1)(B), and 3) approve the execution of the Agreement for Purchase and Sale of Real Property and Escrow Instructions, and authorize the City Manager, or their designee, to execute the Purchase Agreement, associated Grant Deed, and related escrow documents with Housing Authority of the City of Fresno, California, a public body corporate and politic, for the transfer of the subject property.
EXECUTIVE SUMMARY
The City of Fresno owns a two portions of undeveloped public street right of way comprised of 1) 0.19-acre (8,413 square feet) located at the eastern intersection of Tuolumne Street and Fulton Street, and 2) 0.45-acre (19,487 square feet) located at the southern intersection of Tuolumne Street and Van Ness Avenue, totaling 0.64-acre (27,900 square feet) (the “Subject Property”). The City acquired fee title ownership of both portions of right of way from the former Redevelopment Agency of the City of Fresno on April 26, 1972. The Subject Property no longer functions as a public street and the must be declared exempt surplus land in order to comply with the Surplus Land Act requirements prior to disposal to the adjoining land owner. The Housing Authority of the City of Fresno (“Housing Authority”) owns the parcels adjacent to the Subject Property, which are designated for mixed-use development. The proposed development will also include the proposed vacation of excess right of way. The Housing Authority is proposing to vacate both portions of the public street right of way: one located at the eastern intersection of Tuolumne Street and Fulton Street, and the other at the southern intersection of Tuolumne Street and Van Ness Avenue. The purpose of this proposed vacation is that it will enable higher-density mixed-income housing, as well as to provide additional parking and commercial/retail uses as part of the proposed development of the public right of way abutting the property. The vacation of this portion will accommodate Zone Clearance Application Number P24-03984, and the proposed development project is consistent with the Fresno General Plan.
BACKGROUND
The City of Fresno owns a combined 0.64-acre (27,900 square feet) portion of undeveloped public street right of way consisting of two segments: one at the eastern intersection of Tuolumne Street and Fulton Street, and the other at the southern intersection of Tuolumne Street and Van Ness Avenue. These portions no longer function as public streets and are not needed by the City for any future use.
The adjacent parcels are all owned by the Housing Authority and are designated for mixed-use development. The Housing Authority is proposing to vacate both portions of the right of way to accommodate the development of affordable housing on approximately 1.73 acres of land, consisting of three contiguous parcels under its ownership.
The proposed vacation will support higher-density mixed-income housing and provide space for additional parking and commercial/retail uses as part of the development of the right of way abutting the Subject Property.
City staff determined the value of the Subject Property, previously used as the shoulder area, to be $2,000.00, consistent with values of undeveloped shoulder land throughout the City. The Housing Authority concurred with the value and agreed to the clause in the Agreement that states that if they do not commence construction of the development within 120 months of the transfer of title, and complete construction activity within 144 months of the transfer of title, the City will have the right to enforce the Reverter Right Clause of the Agreement pursuant to Fresno Municipal Code Section 4-204(d)(5). A representative of the Housing Authority signed the Purchase and Sale Agreement on October 8, 2025. Staff recommend the City Council authorize the City Manager or designee to execute the Purchase and Sale Agreement, associated Grant Deed, and related escrow documents for the transfer of the Subject Property.
City projects that involve the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division are in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available. The parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.
The Public Works Department, other City departments and utility agencies have reviewed the proposed vacation and determined that the public street easement proposed for vacation is unnecessary for present or prospective public street purposes, as described in Exhibit “A” and as shown on Exhibit “B”, subject to the reservation of a public easement as shown on Exhibit “C”, and conditions of approval as listed in Exhibit “D”, said exhibits are included in the attached Resolution to Vacate.
The City will be disposing of this portion of land in accordance with the Surplus Land Act.
The City Attorney’s Office has approved the attached Resolutions and Purchase and Sale Agreement as to form.
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
At the October 16, 2025, Fresno City Council meeting (Agenda ID Number 25-1359(1)), the City Council adopted a finding of Categorical Exemption pursuant to Sections 15301/Class 1, and 15302/Class 2 of the California Environmental Quality Act Guidelines.
LOCAL PREFERENCE
Local preference does not apply because the vacation of a right-of-way does not involve bidding or contracting.
FISCAL IMPACT
This vacation is located in Council District 3 and there will be no City funds involved with this vacation. The Housing Authority has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachments:
Resolution of Intent No. 1161-D
Resolution Declaring Exempt Surplus Land
Purchase and Sale Agreement
Exhibit “C,” Vacation Conditions of Approval
Location Map
Vicinity Map