REPORT TO THE CITY COUNCIL 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, Right of Way Section SUBJECT ...Title HEARING to consider the vacation of East Townsend Avenue, South Garden Avenue, and East Heaton Avenue, lying west of South Winery Avenue in Tract Number 1552 - Campus Homesites (Council District 5) 1. ***RESOLUTION - Ordering the vacation of East Townsend Avenue, South Garden Avenue, and East Heaton Avenue, lying west of South Winery Avenue in Tract Number 1552 - Campus Homesites (Subject to Mayor's Veto) ...Body RECOMMENDATIONS 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 East Townsend Avenue, South Garden Avenue, and East Heaton Avenue, lying west of South Winery Avenue in Tract Number 1552 - Campus Homesites. EXECUTIVE SUMMARY The Fresno Pacific University is proposing to vacate East Townsend Avenue, South Garden Avenue, and East Heaton Avenue, lying east of South Winery Avenue in Tract Number 1552 - Campus Homesites. The purpose of this vacation is to incorporate those areas into the University's daily use. BACKGROUND East Townsend Avenue, South Garden Avenue, and East Heaton Avenue, lying west of South Winery Avenue, are all sixty foot wide public streets that were originally dedicated by Tract Number 1552 - map of Campus Homesites, recorded on August 1, 1956, in Volume 18 of Plats, at Page 76, Fresno County Records. The Fresno Pacific University (FPU) is requesting this proposed vacation of these public street easements to incorporate those areas into the University's use for daily activities, development, and supplemental parking. The purpose of the street vacation is to enhance FPU campus security by facilitating control of access on a public street and allowing greater flexibility for the development of the proposed Culture and Arts Center including additional parking. The location of the existing streets, curbs, gutters, sidewalks, and streetlights will not change as a result of the street vacation. However, the maintenance responsibility of these facilities will be transferred from the City of Fresno to FPU. The Engineering Division, other City departments and utility agencies have reviewed the proposed vacation and determined that the public street right-of-way 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 conditions of approval as listed in Exhibit "C", said exhibits are included in the attached Resolution of Intent. The City is not disposing of any land and therefore the Surplus Land Act is not applicable. 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 On December 9, 2021, the City Council of the City of Fresno adopted the Initial Study and Negative Declaration for Resolution of Intent Number 1144-D. As defined by Section 15063 of the State of California Environmental Quality Act (CEQA) Guidelines, an Initial Study was prepared primarily to provide the Lead Agency with information to use as the basis for determining whether an Environmental Impact Report (EIR), Negative Declaration, or Mitigated Negative Declaration would be appropriate for providing the necessary environmental documentation and clearance for any proposed project. The purpose of the street vacation is to enhance FPU campus security by facilitating control of access on a public street and allowing greater flexibility for the development of the proposed Culture and Arts Center including additional parking. The location of the existing streets, curbs, gutters, sidewalks, and streetlights will not change as a result of the street vacation. However, the maintenance responsibility of these facilities may be transferred from the City of Fresno to FPU. Therefore, there is no physical change to the environment as a result of the proposed street vacation. According to Section 15070(a), a Negative Declaration is deemed appropriate if the proposal would not result in any significant effect on the environment. Based upon the evaluation guided by the environmental checklist form, it was determined that there are no foreseeable impacts from the Project that are additional to those identified in the MEIR, and/or impacts which require mitigation measures not included in the MEIR Mitigation Measure Checklist. LOCAL PREFERENCE Local preference does not apply because the vacation of a public utility easement does not involve bidding or contracting. FISCAL IMPACT The proposed vacation is located in Council District 5 and there will be no impact to the general fund. Fresno Pacific University has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachments: Townsend Garden Heaton Vacation eatHhVicinity Map Townsend Garden Heaton Vacation Negative Declaration Resolution to Vacate Townsend Garden Heaton