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 Action pertaining to the summary vacation of a portion of the relinquishment of direct access rights on the southeast corner of East Belmont Avenue and North Fowler Avenue (Council District 5): 1. RESOLUTION - Approving the summary vacation of a portion of the relinquishment of direct access rights on the southeast corner of East Belmont Avenue and North Fowler Avenue. ..Body RECOMMENDATION Staff recommends the Council adopt a resolution approving the summary vacation of a portion of the relinquishment of direct access rights on the southeast corner of East Belmont Avenue and North Fowler Avenue as shown on Exhibit "A" of the attached resolution. EXECUTIVE SUMMARY Thomas G. Richards and Edward M. Kashian of Fancher Creek Properties, LLC, a California limited liability company, are requesting the vacation of a portion of the relinquishment of direct access rights on the southeast corner of East Belmont Avenue and North Fowler Avenue. The purpose of the vacation is to construct a driveway approach to a general market and service station associated with Conditional Use Permit Application No. P22-02271 and Development Permit Application No. P22-03929. BACKGROUND The proposed vacation is needed to vacate a portion of the relinquishment of direct access rights on the southeast corner of East Belmont Avenue and North Fowler Avenue. The proposed vacation is needed to vacate that portion of the relinquishment of direct access rights that was recorded with and accepted by the City of Fresno in Parcel Map 2004-36 on October 23, 2008, as Document Number 2008-0150046, Fresno County records. With the addition of a driveway approach, the proposed vacated area will be used for direct access purposes as conditioned by Conditional Use Permit Application No. P22-02271 and Development Permit Application No. P22-03929. The Public Works Department, other City Departments and utility agencies have reviewed this proposal and determined that the relinquishment of direct access rights 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 relinquishment of direct access rights 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 Based upon the attached findings, it has been determined that no further environmental documentation is required for Environmental Assessment Application No. P24-03215 for Conditional Use Permit Application No. P22-02271 and Development Permit Application No. P22-03929. Program Environmental Impact Report (EIR) No. 10133 prepared for the Fancher Creek Development Project was certified by the Fresno City Council on May 17, 2005. 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 5 and there will be no City funds involved with this vacation. Fancher Creek Properties, LLC, a California limited liability company, has paid all processing fees to cover staff costs in accordance with the Master Fee Schedule. Attachments: Resolution Environmental Assessment Vicinity Map