REPORT TO THE CITY COUNCIL
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Traffic and Engineering Services Division
SUBJECT
Title
HEARING to consider the vacation of a portion of North Hayes Avenue, south of West Bullard Avenue (Council District 2):
1. ***RESOLUTION - Ordering the vacation a portion of North Hayes Avenue, south of West Bullard Avenue (Subject to Mayor’s Veto)
Body
RECOMMENDATION
Staff recommends the City Council conduct the required public hearing and at the close of the hearing, adopt the attached resolution ordering the vacation of a portion of North Hayes Avenue, south of West Bullard Avenue.
EXECUTIVE SUMMARY
The Butler Investment Group, LLC is proposing to vacate a portion of North Hayes Avenue, south of West Bullard Avenue. The purpose of this vacation is to accommodate the construction for Development Permit Number P19-03659, which is a 185-unit apartment complex. City staff have completed the vacation feasibility study and recommends for Council to adopt the Resolution to Vacate.
BACKGROUND
This portion of North Hayes Avenue was originally dedicated to Fresno County by map of J.C. Forkner Fig Gardens - Subdivision Number 2, recorded January 9, 1920 in Volume 8 of Plats, at Page 66, Fresno County Records. The City of Fresno annexed this area on December 29, 1981 by Annexation Number 1004. This public street was originally dedicated in 1920, but was never constructed or used as a public street. The proposed public street vacation is to dispose of excess right of way and accommodate the construction for Development Permit Number P19-03659, which is a 185-unit apartment complex consisting of one, two, and three bedroom units. The apartment complex will include onsite parking facilities, storage units, recreational facilities, and open space areas for residents to utilize. Recreational facilities include a swimming pool, basketball court (half court), and barbeque areas.
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 utility easement over the entire area proposed to be vacated and subject to conditions of approval as listed in Exhibit “C”, said exhibits are included in the attached Resolution to Vacate.
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 to Vacate 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
Environmental Assessment Number P22-02007 was adopted by Council on July 20, 2023 and is Categorically Exempt pursuant to Sections 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines.
LOCAL PREFERENCE
Local preference does not apply because the vacation of a public street easement 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. The Butler Investment Group, LLC has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachment(s):
PWF12937 Hayes Vacation Vicinity Map
Hayes Resolution to Vacate