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File #: ID19-1312    Version: 1 Name:
Type: Action Item Status: Passed
File created: 3/4/2019 In control: City Council
On agenda: 3/21/2019 Final action: 3/21/2019
Title: Actions pertaining to the summary vacation of a portion of North Van Ness Avenue at the northwest corner of Van Ness Avenue and East Madison Avenue. (Council District 3) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c)/Class 1 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. P19-00180. 2. RESOLUTION - Ordering the summary vacation of North Van Ness Avenue at the northwest corner of Van Ness Avenue and East Madison Avenue.
Sponsors: Public Works Department
Attachments: 1. 19-1312 Vicinity Map Van Ness.pdf, 2. 19-1312 EA - P19-00180.pdf, 3. RESO 1-A ID19-1312.pdf

REPORT TO THE CITY COUNCIL

 

 

March 21, 2019

 

 

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

 

SUBJECT

...Title

Actions pertaining to the summary vacation of a portion of North Van Ness Avenue at the northwest corner of Van Ness Avenue and East Madison Avenue.  (Council District 3)

1.                     Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c)/Class 1 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. P19-00180.

2.                     RESOLUTION - Ordering the summary vacation of North Van Ness Avenue at the northwest corner of Van Ness Avenue and East Madison Avenue.

...Body

 

RECOMMENDATION

 

Staff recommends the City Council adopt a resolution ordering the summary vacation of a portion of North Van Ness Avenue at the northwest corner of Van Ness Avenue and East Madison Avenue, as described in Exhibit “A” and as shown on Exhibit “B” of the attached resolution.

 

EXECUTIVE SUMMARY

 

Beal Developments, LLC is requesting the vacation of North Van Ness Avenue at the northwest corner of Van Ness Avenue and East Madison Avenue.  The purpose of the vacation is to eliminate excessive public street right-of-way and accommodate the development of the adjacent property.

 

BACKGROUND

 

Beal Developments, LLC is requesting the vacation of North Van Ness Avenue at the northwest corner of Van Ness Avenue and East Madison Avenue, as described in Exhibit “A” and as shown on Exhibit “B” of the attached Resolution. The purpose of the vacation is to eliminate excessive public street right-of-way and accommodate the development of a Johnny Quik convenience store.  All of the existing and adjacent street improvements in the area proposed for vacation will be upgraded to current standards by the Johnny Quik development, Site Plan No. 16-033.

 

The Public Works Department, other City Departments and utility agencies have reviewed this proposal and determined that the street right-of-way proposed for vacation is unnecessary for present or prospective public purposes.

 

The provisions of Chapter 4, commencing with Section 8330 of the California Streets and Highways Code, authorize the Council to summarily vacate a public street easement that is considered excess right-of-way, is 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

 

Staff has performed a preliminary Environmental Assessment No. P19-00180 for this project and has determined it to be categorically exempt and there is no possibility that the proposed vacation may have a significant adverse effect on the environment, and the proposed vacation is therefore exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c)/ Class1 of the State CEQA guidelines.

 

LOCAL PREFERENCE

 

Local preference does not apply because the vacation of public right-of-way does not involve bidding or contracting.

 

FISCAL IMPACT

 

Beal Developments, LLC, the adjacent property owner, has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.

 

Attachments:                                          

Vicinity Map Van Ness

EA - P19-00180

RES_Summary_Van Ness