REPORT TO THE CITY COUNCIL July 28, 2016 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, TE, City Traffic Engineer/Division Manager Public Works Department, Traffic and Engineering Services Division BY: JASON A. CAMIT, PLS, Chief Surveyor Public Works Department, Traffic and Engineering Services Division SUBJECT ..Title CONTINUED HEARING - Regarding the vacation of portions of W. Spruce Avenue (formerly N. Josephine) and W. Elgin Avenue (Council District 2) 1. ***RESOLUTION - Ordering the vacation of portions of W. Spruce Avenue (formerly N. Josephine) and W. Elgin Avenue ..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 West Spruce Avenue (formerly North Josephine) and West Elgin Avenue, as described in Exhibit "A" and shown on Exhibit "B" of the attached resolution. EXECUTIVE SUMMARY UCP Tapestry, LLC., is requesting the proposed vacation. The purpose of the proposed vacation is to accommodate development as proposed by Tentative Tract No. 5595 and Conditional Use Permit (CUP) C-06-272. BACKGROUND CUP No. C-06-272 proposes a 97-lot family residential subdivision with public street dedications. This CUP will improve the intersection associated with this vacation to accommodate traffic impacts resulting from this development. Those portions of West Spruce Avenue (formerly North Josephine) and West Elgin Avenue proposed to be vacated is shown on Exhibit "A" of the attached Resolution of Intention and described as a portion of an easement for public street purposes as dedicated by Map of Herndon Park in Volume 12 of Plats at Page 87, Fresno County Records. The Traffic and Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacation and determined that the right-of-way proposed for vacation is unnecessary for present or prospective public street purposes subject to the reservation of a public utility easement over a portion of the area being vacated, and the removal of all existing street improvements from the area proposed to be vacated. This action is being taken pursuant to the provisions of the Public Streets, Highways, and Service Easements Vacation Law (California Streets and Highways Code Sections 8300-8363). On June 30, 2016, the Council adopted Resolution of Intention No. 1106-D, setting the time and place for the public hearing at 10:15 a.m. on July 28, 2016, 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. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined this project is exempt under Section 15301 through 15303 of the California Environmental Quality Act (CEQA) Guidelines because it involves a vacation of a portion of a street which is not an expansion of use beyond that existing at this time. 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 public right-of-way does not involve bidding or contracting. FISCAL IMPACT There will be no impact to the City's General Fund because the City's Department of Public Utilities Water Division is funding this Council action. Attachments: Vicinity Map Resolution