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 Services Division SUBJECT ..Title Actions pertaining to the summary vacation of a portion of a sewer easement on the south side of East Shaw Avenue, west of North Cedar Avenue (Council District 4): 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number P25-00444; 2. RESOLUTION - Approving the summary vacation of a portion of a sewer easement on the south side of East Shaw Avenue, west of North Cedar Avenue. ..Body RECOMMENDATION Staff recommends the Council adopt a Categorical Exemption for Environmental Assessment Number P25-00444, and adopt a resolution approving the summary vacation of a portion of a sewer easement on the south side of East Shaw Avenue, west of North Cedar Avenue, as described in Exhibit "A" and as shown on Exhibit "B" of the attached resolution. EXECUTIVE SUMMARY Ambrose Fresno LLC, a California Limited Liability Company, is requesting the vacation of a portion of a sewer easement on the south side of East Shaw Avenue, west of North Cedar Avenue. The purpose of the vacation is to eliminate an excess public sewer easement, to accommodate the interior remodel and construction of an outdoor patio area associated with a new restaurant. BACKGROUND The proposed vacation is needed to vacate a portion of a sewer easement on the south side of East Shaw Avenue, west of North Cedar Avenue to accommodate the interior remodel and construction of an outdoor patio area associated with a new restaurant. The public sewer easement was granted to the City of Fresno on October 5, 1973, as Document Number 90134, in Book 6221, Page 484, Official Records of Fresno County. The area near the existing manhole on the west side of the property will not be vacated with the attached resolution as conditioned with the Conditions of Approval for P25-00404. The Public Works Department, other City Departments and utility agencies have reviewed this proposal and determined that the sewer right-of-way proposed for vacation is unnecessary for existing 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 public service easements that have been determined to be excess by the easement holder. 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. If approved by the Council, the vacation will become effective upon recordation of the vacating resolution with the Fresno County Recorder. ENVIRONMENTAL FINDINGS This project is exempt under Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines as follows: Section 15301 /Class 1 of the CEQA Guidelines exempts projects that consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The key consideration is whether the project involves negligible or no expansion of use. The proposed project is located within an existing, previously operating restaurant building with established site improvements including parking and landscaping. As part of a comprehensive remodel, these features will be upgraded, and additional outdoor patio space will be added to enhance the dining experience. To facilitate patio seating, a 10-foot public utility easement will be vacated. The project also seeks to establish a new alcohol sales license and introduce Small-Scale Entertainment and Recreational Use consistent with a Family Entertainment Restaurant. These proposed additions represent negligible or no expansion of the existing or prior use, as the core function of the site as a restaurant remains unchanged. The enhancements are intended to modernize and activate the space, supporting a more dynamic and family-friendly dining experience while remaining within the scale and intensity of historical operations. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project site is a developed property in an urbanized area and is not expected to have a significant effect on the environment. Accordingly, a categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive. LOCAL PREFERENCE Local preference does not apply because the vacation of public easements does not involve bidding or contracting. FISCAL IMPACT There will be no City funds involved with this vacation located in Council District 4. Ambrose Fresno 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 P25-00444 Resolution Summary Vacation Shaw & Cedar Vicinity Map Shaw & Cedar Location Map Levine Act Disclosure Statement