REPORT TO THE CITY COUNCIL FROM: SCOTT L. MOZIER, PE, Director Public Works Department BY: JILL M. GORMLEY, TE, Assistant Director Public Works Department, Traffic & Engineering Services Division JASON A. CAMIT, PLS, Chief Surveyor Public Works Department, Traffic & Engineering Services Division SUBJECT ..Title Actions pertaining to the summary vacation of a portion of a public watermain easement on Parcel N of Parcel Map Number 2008-13, lying southwest of North Riverside Drive, between West Herndon Avenue and North Veterans Boulevard (Council District 2): 1. Adopt a finding of Categorical Exemption per Environmental Assessment Number P23-01378 per staff determination, pursuant to and Section 15305, Class 5 Minor Alteration in Land Use Limitations of the California Environmental Quality Act (CEQA) Guidelines. 2. RESOLUTION - Ordering the summary vacation of a portion of a public watermain easement on Parcel N of Parcel Map Number 2008-13, lying southwest of North Riverside Drive, between West Herndon Avenue and North Veterans Boulevard. ..Body RECOMMENDATIONS Staff recommends the City Council adopt a finding of Categorical Exemption per Environmental Assessment Number P23-01378, pursuant to Section 15305, Class 5 Minor Alteration in Land Use Limitations of the California Environmental Quality Act (CEQA) Guidelines and adopt the attached resolution ordering the summary vacation of a portion of a public watermain easement on Parcel N of Parcel Map Number 2008-13, lying southwest of North Riverside Drive, between West Herndon Avenue and North Veterans Boulevard. EXECUTIVE SUMMARY Rich Development Enterprises, LLC is requesting the proposed vacation of a portion of a public water main easement on Parcel N of Parcel Map Number 2008-13. The purpose of this proposed vacation is to accommodate Water Main Improvements associated with Water Job number J5755 for commercial development. BACKGROUND This public water main easement was deeded to the City of Fresno on August 23, 2013 as Document Number 2013-0121620, Official Records Fresno County to accommodate Water Job No J5474 for the development in this area. This water main was constructed for permanent use as facilities were put in place and accepted by the Department of Public Utilities (DPU). In or around 2014 permanent facilities were constructed and accepted by DPU. The structure remained in place until in or around 2018 when plans for the Hobby Lobby were approved by the City and later constructed. The watermain infrastructure was removed during the construction of Hobby Lobby. A portion of the existing water main easement from Water Job No J5474 was overlapping the newly constructed building. The plans for Water Job No J5755 were approved and accepted by DPU with the removal of that overlapping portion of the existing water main easement. The landowner/applicant is requesting the removal of a portion of the public water main easement from this land as an encumbrance. Vacating this public water main easement will allow the site to be maintained by the landowner. The Public Works Department (DPW) and DPU have reviewed the proposed vacation and determined the vacation of public watermain easement on Parcel N of Parcel Map Number 2008-13, lying southwest of North Riverside Drive, between West Herndon Avenue and North Veterans Boulevard as described in Exhibit A and as shown on Exhibit B is not necessary at this location. Said exhibits are included in the attached Resolution. The City is not disposing of any land and therefore the Surplus Land Act is not applicable. The City Attorney's Office has approved the attached Resolution as to form. The vacation, if approved by Council, 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 falls within Class 5 (Minor Alteration in Land Use Limitations) Categorical Exemption set forth in 15305 of the California Environmental Quality Act (CEQA) Guidelines because there will not be any changes in the land use or density. The existing structure shall remain unchanged, and only the easement is set to be vacated as it is no longer necessary. The former water main which supported the easement was relocated and accepted by the City during the construction of the now existing Hobby Lobby. Section 15305, Class 5 Minor Alteration in Land Use Limitations consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to minor lot line adjustments not resulting in the creation of any new parcel. There is no substantial evidence in the record that any of the exceptions to these Categorical Exemptions, set forth in CEQA Guidelines, Section 15300.2, apply to this project. Therefore, no adverse environmental impacts will occur as a result of the proposed project. LOCAL PREFERENCE Local preference does not apply because the vacation of a public watermain easement does not involve bidding or contracting. FISCAL IMPACT This vacation is located in Council District 2 and there will be no City funds involved with this vacation. Rich Development Enterprises, LLC has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachment(s): Vicinity Map EA P23-01378 Resolution