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 public street easement and a public pedestrian easement on the west side of North Blythe Avenue, south of West Cornell Avenue (Council District 1): 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301 and Section 15305 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number P24-03975; 2. RESOLUTION - Approving the summary vacation of a portion of a public street easement and a public pedestrian easement on the west side of North Blythe Avenue, south of West Cornell Avenue. ..Body RECOMMENDATION Staff recommends the Council adopt a Categorical Exemption for Environmental Assessment Number 15301/Class 1 and 15305/Class 5; and adopt a resolution approving the summary vacation of a portion of a public street easement and a public pedestrian easement on the west side of North Blythe Avenue, south of West Cornell Avenue, as described in Exhibit "A" and as shown on Exhibit "B" of the attached resolution. EXECUTIVE SUMMARY Gurbir Singh Sapraj and Shelly Dhaliwal are requesting the vacation of a portion of a public street easement and a public pedestrian easement on the west side of North Blythe Avenue, south of West Cornell Avenue. The purpose of the vacation is to accommodate the construction of a driveway for the existing residence. BACKGROUND The proposed vacation is needed to vacate a portion of a public street easement and a public pedestrian easement on the west side of North Blythe Avenue, south of West Cornell Avenue, which was initially dedicated as Document Number 2018-0033933, Fresno County Records. The purpose of this vacation is for the construction of a driveway, sidewalk, and frontage improvements for an existing single-family residence. The Public Works Department, other City Departments and utility agencies have reviewed this proposal and determined that the public street easement and public pedestrian easement proposed for vacation is unnecessary for present or prospective public street and public pedestrian 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 reviewed and 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 This project is exempt under Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alterations In Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this project. Staff have performed a preliminary environmental assessment of this project and have determined that this project falls within the Categorical Exemptions set forth in CEQA Guidelines Sections 15301/Class 1 (Existing Facilities) and 15305 (Minor Alternation in Land Use Limitations). These exemptions apply because the project involves a negligible or no expansion of an existing facility, under five acres in size and 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 proposed vacation will not result in additional automobile lanes or changes in land use or density. The vacation will enable the homeowners to construct a driveway for the existing residence. 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 public right-of-way does not involve bidding or contracting. FISCAL IMPACT This project is located in Council District 1 and there will be no City funds involved with this vacation. Gurbir Singh Sapraj and Shelly Dhaliwal have paid all processing fees to cover staff costs in accordance with the Master Fee Schedule. Attachments: EA P24-03975 Resolution Vicinity Map