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, Engineering Division - Chief Surveyor Section SUBJECT ..Title Actions pertaining to the summary vacation of a portion of the public street easement north of the North Riverside Drive and West Palo Alto Avenue intersection (Council District 2): 1. Adopt an addendum to Finding of Conformity to Master Environmental Impact Report (MEIR) SCH No. 2012111015, pursuant to Section 15162, of the California Environmental Quality Act (CEQA) Guidelines, Development Permit Application Number D-17-030; 2. RESOLUTION - Approving the summary vacation of a portion of the public street easement north of the North Riverside Drive and West Palo Alto Avenue intersection. ..Body RECOMMENDATION Staff recommends the Council adopt an addendum to Finding of Conformity to MEIR SCH No. 2012111015 for Development Permit Application Number D-17-030; and adopt a resolution approving the summary vacation of a portion of the public street easement north of the North Riverside Drive and West Palo Alto Avenue intersection, as described in Exhibit "A" and as shown on Exhibit "B" of the attached resolution. EXECUTIVE SUMMARY Paseo Point Investments LLC, a California limited liability company, is requesting the vacation of a portion of the public street easement north of the North Riverside Drive and West Palo Alto Avenue intersection. The purpose of the vacation is to eliminate excess public street right-of-way that has been superseded by the construction of the North Riverside Drive and West Palo Alto Avenue intersection, and to accommodate the development of Tract 6172 that will be located at the southeast corner of West Herndon Avenue and North Riverside Drive in Fresno, California. BACKGROUND The proposed vacation is needed to vacate a portion of the public street easement that was accepted by the County of Fresno and recorded by map on May 26, 1920, Fresno County Records. This portion of land was annexed into the City of Fresno on December 29, 1981. When North Riverside Drive was dedicated and constructed in or around 2001, the proposed vacated area was no longer used for public street purposes and was considered excess public street right of way. As conditioned by P20-00756, in association with the proposed Tract Number 6172, the excess Public Street Right of Way is to be vacated. The Public Works Department, other City Departments and utility agencies have reviewed this proposal and determined that the street and pedestrian right-of-way proposed for vacation is unnecessary for present or prospective public purposes. The provisions of Chapter 4, commencing with Section 8330 of the California Streets and Highways Code, authorize the Council to summarily vacate the public street easement that is considered excess right-of-way, is not required for street or highway purposes, and has no public utility facilities within the area to be vacated. Under these provisions, only one Council action is necessary and a published notice, posting and public hearing are not required. The City Attorney's Office has approved the attached resolution as to form. The vacation, if approved by the Council, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder. ENVIRONMENTAL FINDINGS Based upon the attached findings, it has been determined that an addendum to Finding of Conformity to MEIR SCH No. 2012111015, pursuant to Section 15162, of the CEQA Guidelines is required for Development Permit Application No. D-17-030. The MEIR SCH No. 2012111015 prepared for the Fresno General Plan was adopted by the Fresno City Council on December 18, 2014. LOCAL PREFERENCE Local preference does not apply because the vacation of public right-of-way does not involve bidding or contracting. FISCAL IMPACT This project is located in Council District 2 and there will be no City funds involved with this vacation. Paseo Point Investments LLC, a California limited liability company has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachments: Environmental Assessment No. P25-03182 Riverside Palo Alto Summary Resolution Riverside Palo Alto Vicinity Map Levine Act Disclosure Form