REPORT TO THE CITY COUNCIL December 8, 2016 FROM: SCOTT L. MOZIER, PE, Director Public Works Department BY: ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division RANDALL W. MORRISON, PE, Deputy City Engineer/Division Manager Public Works Department, Traffic and Engineering Services Division JASON A. CAMIT, PLS, Chief Surveyor Public Works Department, Traffic and Engineering Services Division SUBJECT ..Title Actions pertaining to Resolution of Intention No. 1109-D to vacate a portion of an alley between N. Blackstone Avenue and N. Effie Street north of E. Cornell Avenue. (Council District 7). 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. C-16-015. 2. Adopt Resolution of Intention No. 1109-D to vacate a portion of an alley between N. Blackstone Ave. and N. Effie St. north of E. Cornell Ave. ..Body RECOMMENDATION Staff recommends the City Council adopt Resolution of Intention No. 1109-D for the proposed vacation of a portion of an alley between N. Blackstone Avenue and N. Effie Street north of E. Cornell Avenue, and set the required hearing at 10:00 a.m. on January 12, 2017. EXECUTIVE SUMMARY The current landowners, Jimmie Policarpo Trust, are requesting the vacation of a portion of an alley between N. Blackstone Avenue and N. Effie Street north of E. Cornell Avenue as shown on Exhibit "A" of the attached Resolution of Intention. The purpose of the proposed vacation is to accommodate development of a Popeye's Louisiana Kitchen restaurant as proposed by Conditional Use Permit (CUP) C-16-015. BACKGROUND CUP No. C-16-015 proposes demolition of an existing 3,025 square-foot building and construction of a new 2,856 square-foot Popeye's Louisiana Kitchen restaurant with outdoor patio dining and a drive-through service window. The developers are requesting that the public alley that separates the project's two parcels is vacated. An easement will be created for the existing utilities and for public access to the remainder of the alley. The alley right-of-way easement being vacated is shown on Exhibit "A" of the attached Resolution of Intention. The right-of-way is described as that portion a 16-foot alley in Block 1, of the Blackstone Avenue Tract No. 1, in Book 10, of Plats at Page 51, Fresno County Records, together with additional alley dedications per document recorded in Book 6682, Page 854, Official Records Fresno County. The Traffic and Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacation and determined that the portion right-of-way easement proposed for vacation is unnecessary for present or prospective public street purposes as shown in Exhibit "A" of the attached Resolution of Intent, subject to the reservation of a public utility easement over the entire area proposed for vacation and the conditions listed on Exhibit "B" of the attached Resolution of Intention. The City Attorney's Office 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 This project is exempt under Sections 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. C-16-015. Under the Section 15301/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 unusable sidewalks and return the property's maintenance 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 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. The applicant has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachment: Vicinity Map C-16-015 Resolution of Intent No. 1109-D