REPORT TO THE CITY COUNCIL
March 8, 2018
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Engineering Division - Chief Surveyor Section
Title
Actions pertaining to Resolution of Intention No. 1120-D to vacate a portion of East Copper Avenue at North Millbrook Avenue, and vacate a portion of a Public Utility Easement in Outlot A and Lots 1 through 4 of Tract Map No. 6099; and setting the public hearing for April 5, 2018 at 10:00 a.m. (Council District 6).
1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. EA-17-033.
2. Adopt the Resolution of Intention No. 1120-D to vacate a portion of East Copper Avenue at North Millbrook Avenue, and vacate a portion of a Public Utility Easement in Outlot A and Lots 1 through 4 of Tract Map No. 6099.
Body
RECOMMENDATION
Staff recommends the City Council adopt Resolution of Intention No. 1120-D for the proposed vacation of a portion of East Copper Avenue at North Millbrook Avenue, and vacate a portion of a Public Utility Easement in Outlot A and Lots 1 through 4 of Tract Map No. 6099, and set the required hearing at 10:00 a.m. on April 5, 2018.
EXECUTIVE SUMMARY
Giannetta Engineering on behalf of Granville Homes is requesting the vacation of a portion of East Copper Avenue at North Millbrook Avenue and a portion of a public utility easement in Outlot A and Lots 1 through 4 of Tract Map No. 6099 as a condition of approval for said Tract Map No. 6099. This vacation will be performed separate from the mapping process through a resolution after the map has recorded.
BACKGROUND
The proposed vacation of East Copper Avenue at North Millbrook Avenue and a portion of a public utility easement reserved from a previous vacation, as shown on the attached Vacation Exhibit, are associated with Tract Map No. 6099 as a condition of approval. City of Fresno Resolution No. 2009-138 (recorded July 7, 2009, as Document No. 2009-0091852, O.R.F.C.) vacated a portion of North Millbrook Avenue north of East Copper Avenue and reserved a portion as a public utility easement, and it also vacated a portion of public utility easement next to North Millbrook Avenue. Tract No. 6099 proposes to dedicate a narrower North Millbrook Avenue north of East Copper Avenue that will leave a small portion of excess street right-of-way. The purpose of this vacation is to eliminate this excess street right-of-way and a portion of the public utility easement on the east side of North Millbrook Avenue that will interfere with the development of Outlot A and Lots 1 through 4 of Tract Map No. 6099.
The Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacation and determined that the portion of public right-of-way and utility easement proposed for vacation is unnecessary for present or prospective public street and utility purposes as shown in Vacation Exhibit of the attached Resolution of Intent, subject to the reservation of a multi-purpose trail easement over a portion of the proposed vacation area as shown on said Vacation Exhibit and the relocation of any public utilities within the area proposed for vacation.
City Attorney has approved the attached Resolution of Intention 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
Staff has performed a preliminary environmental assessment EA-17-033 of this project, and is attached hereto. Under the Section 15301 (c)/Class 1 exemption, the minor alteration of existing public facilities, such as streets, sidewalks, etc., involving no expansion of use beyond that existing at this time, are exempt from CEQA requirements. The vacation will remove unneeded easements and return the property's usability over to the adjoining private property owners. The proposed vacation of the above-described land meets the criteria noted above. No significant effects would occur as a result of the proposed project. Therefore, the above described project complies with the conditions described in Section 15301/Class 1 of the CEQA Guidelines.
None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this project.
LOCAL PREFERENCE
Local preference does not apply because the vacation of a public street or public utility easement does not involve bidding or contracting.
FISCAL IMPACT
There will be no City funds involved with this vacation. Granville Homes, the adjacent property owner has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachments:
Copper Ave Vacation_Vicinity
Copper Ave Vacation_EA-17-033
Resolution of Intent No. 1120-D