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, Right of Way Section
SUBJECT
Title
Actions pertaining to the summary vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard (Council District 3):
1. Adopt a finding of Categorical Exemption per Environmental Assessment Number PW13217 per staff determination, pursuant to Section 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines
2. ***RESOLUTION - Ordering the summary vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard (Subject to Mayor’s Veto)
Body
RECOMMENDATIONS
Staff recommends the City Council adopt a finding of Categorical Exemption per Environmental Assessment Number PW13217, pursuant to Section 15304 Class 4 of the California Environmental Quality Act (CEQA) Guidelines and adopt the attached resolution ordering the summary vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard.
EXECUTIVE SUMMARY
The City of Fresno is requesting the proposed vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard. The purpose of this proposed vacation is to eliminate an existing storm drain basin easement that is no longer needed due to the proposed storm drain basin being constructed in a new location.
BACKGROUND
This storm drainage basin easement was dedicated to the City of Fresno by Parcel Map Number 2019-02, recorded September 24, 2021 in Book 76 of Parcel Maps, at Pages 90 through 93, Fresno County Records. The proposed basin that this easement was going to serve was never constructed. Development plans were revised in this area and the proposed basin was relocated to a different area to the south, rendering this storm drain basin easement unnecessary. A new storm drain basin easement will be dedicated for the basin’s new location.
The Public Works Department and the Fresno Metropolitan Flood Control District (FMFCD) have reviewed the proposed vacation and determined the storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard as shown in Exhibit A is no longer necessary, said exhibit is included in the attached Resolution.
The City is not disposing of any land and therefore the Surplus Land Act is not applicable.
The City Attorney’s Office has approved the attached Resolution as to form.
The vacation, if approved by Council, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder.
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary environmental assessment of this project and has determined this project falls within the Categorical Exemption set forth in Section 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project.
Under Section 15304/Class 4, the proposed project is exempt from CEQA requirements when the project consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes.
The area proposed to be vacated is comprised of unimproved land. The storm drain basin easement proposed for vacation was dedicated by Parcel Map Number 2019-02, but no basin was ever constructed. The storm drain basin location has been moved to the south, rendering this storm drain basin easement no longer necessary.
None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Furthermore, the proposed project is not expected to have a significant effect on the environment. Accordingly, a categorical exemption, as noted above, has been prepared for the project.
LOCAL PREFERENCE
Local preference does not apply because the vacation of a storm drain basin easement does not involve bidding or contracting.
FISCAL IMPACT
This vacation is located in Council District 3 and is funded by Transformative Climate Communities grant funds from the State of California, Citywide Park Facility Impact fees, and the General Fund.
Attachment(s):
MLK Basin Vacation Vicinity Map
EA PW13217
MLK Basin Resolution to Vacate