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 the public utility easement on the north side of Lot 38 of T-6325: (Council District 7) 1. Adopt an addendum to Mitigated Negative Declaration (MND) for Environmental Assessment Number T-6325/P21-02804, pursuant to Section 15164, of the California Environmental Quality Act (CEQA) Guidelines; 2. RESOLUTION - Approving the summary vacation of a portion of the public utility easement on the North side of Lot 38 of T-6325. ..Body RECOMMENDATION Staff recommends the Council adopt the Addendum to MND for Environmental Assessment Number T-6325/P21-02804; and adopt a resolution approving the summary vacation of a portion of the public utility easement on the north side of Lot 38 of Tract 6325, as described in Exhibit "A" and as shown on Exhibit "B" of the attached resolution. EXECUTIVE SUMMARY DYP 6325 L.P., a California limited partnership, is requesting the vacation of a portion of the public utility easement on the north side of Lot 38 of T-6325. The purpose of the vacation is to eliminate excessive public utility right-of-way behind a block wall and accommodate the new construction of a residential dwelling. BACKGROUND The proposed vacation is needed to vacate a eliminate excessive public utility right-of-way behind a block wall and accommodate the new construction of a residential dwelling. Said public utility easement was granted to the City of Fresno by Tract No. 6325 recorded on December 22, 2022, in Book 92 of Plats, at Pages 68 and 69, Fresno County Records. The Public Works Department, other City Departments and utility agencies have reviewed this proposal and determined that the public utility 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 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. 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 MND for Environmental Assessment No. T-6325/P21-02804, pursuant to Section 15164 of the CEQA Guidelines. The Master Environmental Impact Report State Clearinghouse 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 There will be no City funds involved with this vacation located in Council District 7. DYP 6325 L.P., a California limited partnership, has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachments: Addendum to EA No. T-6325-P21-02804 Lot 38 of T-6325 Summary Vacation Resolution Lot 38 of T-6325 Vicinity Map Lot 38 of T-6325 Levine Act Form