REPORT TO THE CITY COUNCIL June 8, 2017 FROM: SCOTT L. MOZIER, PE, Director Public Works Department BY: ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division RANDALL W. MORRISON, PE, Deputy City Engineer/Division Manager Public Works Department, Traffic and Engineering Services Division JASON A. CAMIT, PLS, Chief Surveyor Public Works Department, Traffic and Engineering Services Division SUBJECT ..Title HEARING - Regarding the vacation of a portion East Kings Canyon Road at South Apricot Avenue. (Council District 5) 1. RESOLUTION - Ordering the vacation of a portion East Kings Canyon Road at South Apricot Avenue. ..Body RECOMMENDATION Staff recommends the City Council conduct the required public hearing and at the close of the hearing, adopt the attached resolution ordering the vacation of a portion East Kings Canyon Road at South Apricot Avenue as described in Exhibit "A" and as shown on Exhibit "B" of the attached resolution. EXECUTIVE SUMMARY The California Home for the Aged, owner of a portion of property adjacent to the area is requesting to vacate a portion East Kings Canyon Road at South Apricot Avenue as described in Exhibit "A" and as shown on Exhibit "B" of the attached resolution. The purpose of the proposed vacation is to satisfy a condition required by Condition Use Permit (CUP) C-14-057 to eliminate excess public street right-of-way due to the realignment and construction of State Route 180. BACKGROUND The applicant is proposing the expansion of the California Armenian Home Facility. The development consists of the construction and occupancy of a 21,800 square foot memory care building, a 125,000 square foot assisted living/independent living building, as well as the construction of six cottages. This facility is proposed to be a gated community. This project includes the vacation of a narrow strip of right-of-way of East Kings Canyon Road just east of the main entrance. The area proposed for vacation is a portion of public street right-of-way dedicated by deed of easement recorded July 6, 1999 as Instrument No. 1999-0100550, Official Record Fresno County. A portion of this right-of-way is now determined to be excessive due to the realignment and construction of State Route 180. The Traffic and Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacation and determined that the portion right-of-way proposed for vacation is unnecessary for present or prospective public street purposes as described in Exhibit "A" and as shown on Exhibit "B" of the attached resolution, subject to the reservation of a public utility and pedestrian easement over the entire area proposed for vacation. This action is being taken pursuant to the provisions of the Public Streets, Highways, and Service Easements Vacation Law (California Streets and Highways Code Sections 8300-8363). On May 18 , 2017, the Council adopted Resolution of Intention No. 1116-D, setting the time and place for the public hearing at 10:00 a.m. on June 8, 2017, in the Council Chambers at Fresno City Hall. The public hearing has been duly noticed in accordance with the Public Streets, Highways, and Service Easements Vacation Law. The City Attorney's Office has approved the attached resolution 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. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined this project is exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines because it involves a vacation of a portion of a public street which is not an expansion of use beyond that existing at this time. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. 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. The California Home for the Aged, the adjacent property owner has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachments: Vicinity Map Resolution