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, Traffic & Engineering Services Division SUBJECT ..Title HEARING to vacate a portion of street right of way located at North Brawley Avenue and West Buckingham Way, a portion being city-owned right of way (Council District 1): 1. ***RESOLUTION - To vacate a portion of street right of way located at North Brawley Avenue and West Buckingham Way, a portion being city-owned right of way (Subject to Mayor's Veto) ..Body RECOMMENDATION Staff recommends the City Council conduct the required public hearing and, at the close of the hearing, adopt the attached Resolution approving the vacation of a portion of street right-of-way located at North Brawley Avenue and West Buckingham Way, a portion being city-owned right-of-way. EXECUTIVE SUMMARY The City of Fresno owns a portion of undeveloped public street right-of-way totaling 0.364-acre (15,862 square feet) located at North Brawley Avenue and West Buckingham Way. Additionally, a 0.332-acre (14,455 square feet) area, which the City was granted in easement, is proposed to be vacated. These areas together total 0.696 acres (30,317 square feet). The purpose of this proposed vacation is to accommodate the construction of a commercial retail building, a gas canopy, and a car wash associated with Conditional Use Permit Application Numbers P23-02136 and P19-04757, and the proposed project is consistent with the Fresno General Plan. BACKGROUND The City of Fresno owns a 0.364-acre (15,862 square feet) portion of undeveloped public street right-of-way located at North Brawley Avenue and West Buckingham Way. In addition, the City was granted 0.332-acre (14,455 square feet) area in easement. This combined area no longer functions as a public street and is not needed by the City for any future use. The City acquired fee title to its portion of the right-of-way when this parcel was relinquished by State of California to the County of Fresno on November 15, 1961. For those areas acquired in easement, the County of Fresno acquired a portion of those easement rights with the recordation of Winterton Tract on July 10, 1905 and the other portion through the recordation of Document Number 117533 on November 2, 1977. These combined areas were annexed into the City of Fresno on April 25, 1979. The adjacent parcels are all owned by Optimum Properties LLC, a California limited liability company and are designated for commercial development. Optimum Properties LLC, a California limited liability company is proposing to vacate the affected portions of the right-of-way to accommodate construction of a commercial retail building, a gas canopy, and a car wash on approximately 5.42 acres of land consisting of two contiguous parcels under its ownership. The Public Works Department, other City departments, and utility agencies have reviewed the proposed vacation and determined that the public street easement proposed for vacation is unnecessary for present or prospective public street purposes, as described in Exhibit "A" and as shown on Exhibit "B", subject to the reservation of a public easement as shown on Exhibit "B", and conditions of approval as listed in Exhibit "C", said exhibits are included in the attached Resolution to Vacate. The City will be disposing of this portion of land in accordance with the Surplus Land Act. The City Attorney's Office has approved the attached Resolution to Vacate as to form. The vacation, if approved by the Council at the public hearing, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder, but not until the City Engineer determines that the conditions listed in the attached resolution have been satisfied and accepted by the City. ENVIRONMENTAL FINDINGS Environmental Assessment for Conditional Use Permit Application Number P23-2136 & P19-04757, was filed with the Fresno County Clerk on October 24, 2023, and is Categorically Exempt pursuant to Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines. LOCAL PREFERENCE Local preference does not apply because the vacation of a public street easement does not involve bidding or contracting. FISCAL IMPACT This vacation is in Council District 1 and there will be no City funds involved with this vacation. Optimum Properties LLC, a California limited liability company, has paid, or will pay, all processing fees in accordance with the Master Fee Schedule to cover staff costs. Attachments: Brawley & Buckingham Resolution to Vacate Vicinity Map Location Map 1_ Street Vacation with PUE Reservation Location Map 2 _Surplus Land with PUE Reservation