REPORT TO THE CITY COUNCIL October 23, 2014 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 BY: ALAN JAMES, Supervising Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT ..Title HEARING: Adopt a resolution ordering the vacation of portions of the northwest side of Stanislaus Street northeast of Fulton Street and the northeast side of Fulton Street northwest of Stanislaus Street, and a portion of the Fulton-Van Ness Alley northwest of Stanislaus Street (Council District 3) 1.*** RESOLUTION - Ordering the vacation of portions of the northwest side of Stanislaus Street northeast of Fulton Street and the northeast side of Fulton Street northwest of Stanislaus Street, and a portion of the Fulton-Van Ness Alley northwest of Stanislaus Street ..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 portions of the northwest side of Stanislaus Street northeast of Fulton Street and the northeast side of Fulton Street northwest of Stanislaus Street, and a portion of the Fulton-Van Ness Alley northwest of Stanislaus Street (Council District 3). EXECUTIVE SUMMARY FFDA Properties, LLC is requesting the vacation of portions of the northwest four feet of Stanislaus Street northeast of Fulton Street and the northeast four feet of Fulton Street northwest of Stanislaus Street as described in Exhibit "A" and shown on Exhibit "B" of the attached resolution, and a portion of the Fulton-Van Ness Alley from Stanislaus Street to approximately 250 feet northwest, as described in Exhibit "E" and shown on Exhibit "F" of the attached resolution. The purpose of the vacation is to accommodate development as proposed by Conditional Use Permit No. C-13-137 and Tentative Tract Nos. 6059 and 6060. BACKGROUND Conditional Use Permit No. C-13-137 proposes to construct an 85-unit residential and commercial mixed use development located on approximately 2.3 acres in the block bounded by Van Ness Avenue and Calaveras, Fulton and Stanislaus Streets. The project is proposed to consist of: 12 two-story triplex buildings; 2 three-story 20-plex buildings (comprised of 4 connected five-plex structures); and, 2 three-story mixed use buildings (comprised of 3 live-work units with residential living area situated above ground floor commercial space). The Traffic and Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacation and determined that the rights-of-way proposed for vacation are unnecessary for present or prospective public street or alley purposes subject to the reservation of a public utility easement over a portion of the area being vacated as described in Exhibits "C" and "E" and shown on Exhibits "D" and "F" of the attached resolution. On October 2, 2014, the Council adopted Resolution of Intention No. 1097-D, setting the time and place for the public hearing at 10:00 a.m. on October 23, 2014, in the Council Chambers at Fresno City Hall. The public hearing has been duly noticed in accordance with the Public Streets, Highways, and Service Easements Vacation Law. The City Attorney's Office has approved the attached resolution 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. The applicant's proposed plans for development would require modification if the vacation is denied. ENVIRONMENTAL FINDINGS The proposed vacation is included in the project description of Environmental Assessment No. C-13-137/T-6059/T-6060 with a finding of Mitigated Negative Declaration that the proposed project will not have a significant adverse effect on the environment. The project was approved by the Planning Commission on May 21, 2014. A Notice of Determination was filed on July 3, 2014. LOCAL PREFERENCE Not applicable because the vacation of public right-of-way does not involve bidding or contracting. FISCAL IMPACT There will be no City funds involved with this vacation. FFDA Properties, LLC has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachments: Vicinity Map Resolution