REPORT TO THE CITY COUNCIL March 21, 2019 FROM: SCOTT L. MOZIER, PE, Director Public Works Department BY: RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering 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 North Van Ness Avenue at the northwest corner of Van Ness Avenue and East Madison Avenue. (Council District 3) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c)/Class 1 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. P19-00180. 2. RESOLUTION - Ordering the summary vacation of North Van Ness Avenue at the northwest corner of Van Ness Avenue and East Madison Avenue. ...Body RECOMMENDATION Staff recommends the City Council adopt a resolution ordering the summary vacation of a portion of North Van Ness Avenue at the northwest corner of Van Ness Avenue and East Madison Avenue, as described in Exhibit "A" and as shown on Exhibit "B" of the attached resolution. EXECUTIVE SUMMARY Beal Developments, LLC is requesting the vacation of North Van Ness Avenue at the northwest corner of Van Ness Avenue and East Madison Avenue. The purpose of the vacation is to eliminate excessive public street right-of-way and accommodate the development of the adjacent property. BACKGROUND Beal Developments, LLC is requesting the vacation of North Van Ness Avenue at the northwest corner of Van Ness Avenue and East Madison Avenue, as described in Exhibit "A" and as shown on Exhibit "B" of the attached Resolution. The purpose of the vacation is to eliminate excessive public street right-of-way and accommodate the development of a Johnny Quik convenience store. All of the existing and adjacent street improvements in the area proposed for vacation will be upgraded to current standards by the Johnny Quik development, Site Plan No. 16-033. The Public Works Department, other City Departments and utility agencies have reviewed this proposal and determined that the street 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 a 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 Staff has performed a preliminary Environmental Assessment No. P19-00180 for this project and has determined it to be categorically exempt and there is no possibility that the proposed vacation may have a significant adverse effect on the environment, and the proposed vacation is therefore exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c)/ Class1 of the State CEQA guidelines. LOCAL PREFERENCE Local preference does not apply because the vacation of public right-of-way does not involve bidding or contracting. FISCAL IMPACT Beal Developments, LLC, the adjacent property owner, has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachments: Vicinity Map Van Ness EA - P19-00180 RES_Summary_Van Ness