REPORT TO THE CITY COUNCIL June 4, 2015 FROM: SCOTT L. MOZIER, PE, Director Public Works Department THROUGH: ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division JILL GORMLEY, PE, City Traffic Engineer/Division Manager Public Works Department, Traffic and Engineering Services Division BY: ALAN JAMES, Supervising Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT ..Title Actions pertaining to the vacation of a portion of the relinquishment of direct access rights on the northwest side of Stanislaus Street northeast of "E" Street (Council District 3) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. S-15-033 2. RESOLUTION - Ordering the summary vacation of a portion of the relinquishment of direct access rights on the northwest side of Stanislaus Street northeast of "E" Street ..Body RECOMMENDATIONS Staff recommends the City Council adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15332/Class 32 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. S-15-033 and adopt the attached resolution ordering the summary vacation of a portion of the relinquishment of direct access rights on the northwest side of Stanislaus Street northeast of "E" Street. EXECUTIVE SUMMARY Blue Peak Engineering, Inc., on behalf of JMDH Real Estate of Fresno, LLC, has requested the vacation of a portion of the relinquishment of direct access rights on the northwest side of Stanislaus Street northeast of "E" Street as shown on Exhibit "A" of the attached resolution. The purpose of the vacation is to allow access to the property at the north corner of "E" and Stanislaus Streets (APN 465-084-24) from Stanislaus Street. BACKGROUND The relinquishment of direct access rights was dedicated by the map of Tract No. 2119, West Fresno Project Two, recorded May 31, 1967, in Volume 23 of Plats at Pages 59 and 60, Fresno County Records. The subject property is Parcel "B" of Parcel Map No. 73-57 recorded October 5, 1973, in Book 9 of Parcel Maps at Page 89, Fresno County Records. Currently the only access to the site is from "E" Street. The vacation will allow the construction of a 40.5 foot wide commercial driveway approach built to the City's Public Works Standards. The Traffic and Engineering Services Division reviewed this proposal and determined the relinquishment of direct access rights is no longer necessary at this location. The provisions of Chapter 4, commencing with Section 8330 of the California Streets and Highways Code (whose definition of "street" includes restrictions of access or abutters' rights) authorizes the Council to summarily vacate a portion of public street or highway that lies within property under one ownership and that does not continue through such ownership or end touching the property of another. Under these provisions, only one Council action is necessary and a published notice, posting and public hearing are not required. The vacation, if approved by the Council, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder. The City Attorney's Office has reviewed and approved the attached resolution as to form. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined this project is exempt under Section 15332/Class 32 (In-Fill Development Projects) 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. LOCAL PREFERENCE Local preference does not apply because the vacation of a public easement does not involve bidding or contracting. FISCAL IMPACT There will be no City funds involved with this vacation. Blue Peak Engineering, Inc. has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachments: 1. Vicinity Map 2. Environment Assessment No. S-15-033 3. Resolution