Recording Requested By:Public Works DepartmentCity of FresnoNo Fee-Gov'!. Code Sections6103 and 27383

When Recorded, Mail To:City ClerkCity of Fresno2600 Fresno StreetFresno, CA. 93721-3623

SPACE ABOVE THIS LINE FOR RECORDER'S USE

Of rlf,RESOLUTION NO. 2012-119 ~~~'''Q". . .

RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA 'i., ~ . jADOPTING A FINDING OF CATEGOR ICAL EXEMPTION, PURSUANT TO -".""" ",.

SECTIONS15301/CLASS 1, 15304/CLASS 4, 15311/CLASS 11, AND 15332/CLASS 32OF THE CEQA GUIDELINES, ENVIRONMENTAL ASSESSMENT NO. EA-12-001,

AND ORDERING THE VACATION OF APPROXIMATELY 155 FEET OF "L" STREETSOUTHEAST OF VENTURA STREET

WHEREAS, pursuant to Resolution of Intention No. 1091-D, on file in the Office of the City

Clerk of the City of Fresno (the City Clerk), a public hearing was held on June 28, 2012 at a

regular meeting of the Counci l of the City of Fresno, California (the City), at which evidence

was heard for and against the vacation of the hereinafter described public street easement,

situated within the City; and

WH EREAS, R.L. Davidson, Inc. on behalf of Haron Motor Sales is requesting the vacat ion

of approximately 155 feet of "L" Street southeast of Ventura Street as shown on Exhibit "A"

which is attached and incorporated in this Resolution ; and

WH EREAS, the owner of the parcel at 2146 Ventura Street on the northeasterly side of

the area proposed to be vacated, Assessor's Parcel Number (APN) 468-225-20, is James S.

Haron , and the owner of the parcel at 2222 Ventura Street on the southwesterly side of the

area proposed to be vacated, APN 468-262-20, is Norah Holdings LLC, a California Limited

Liability Company, which was organized by James S. Haron in 2006; and

II.

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WHEREAS, the purpose of the proposed vacation is to tie the two parcels together tt~~:;.+o~~.. tJ ~":''. 'expand their new car inventory display and customer parking area and to provide a servic " " 00"

drive aisle ; and

WHEREAS, the Traffic and Engineering Services Division, other City departments and

utility agencies have reviewed this proposal and determined that the right-of-way proposed

for vacation is unnecessary for present or prospective public street purposes subject to the

conditions listed on Exhibit "B" which is attached and incorporated in this Resolution ; and

WHEREAS, staff has performed a preliminary environmental assessment of this project

and has determined that this project is exempt under Sections 15301/Class 1, 15304/Class

4, 15311/Class 11, and 15332/Class 32 of the State of California CEQA Guidelines; and

WHEREAS, 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).

NOW, THEREFORE, IT IS RESOLVED BY THE COUNCIL OF THE CITY AS FOLLOWS :

1. Based upon the testimony and information presented at the hearing and upon review

and consideration of the environmental documentation provided, the adoption of the

proposed vacation is in the best interest of the City of Fresno. The Council finds this project is

exempt under Sections 15301/Class 1, 15304/Class 4, 15311/Class 11, and 15332/Class 32

of the State of California CEQA Guidelines . Section 15301/Class I consists of the operation ,

repair , maintenance, permitting, leasing, licensing, or minor alteration of existing public

structures and facilities, including, existing streets, sidewalks, gutters and similar facilities

involving negligible or no expansion of the use that of existing at the time of the lead agency's

determination. Section 15304/Class 4 consists of minor public or private alterations in the

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(appurtenant to) existing commercial , industrial , or institutional facilities, including but not

limited to small parking lots. Section 15332/Class 32 consists of projects characterized as in-

fill development meeting the following conditions: (a) the project is consistent with the

applicable general plan designation and all applicable general plan policies as well as with

applicable zoning designation and regulations, (b) the proposed development occurs within

city limits on a project site of no more than five acres substantia lly surrounded by urban uses,

(c) the project site has no value as habitat for endangered , rare or threatened species ,

(d) approval of the project would not result in any significant effects relating to traffic, noise,

air qual ity, or water quality, and (e) the site can be adequately served by all required utilities

and public services.

The proposed project consists of vacating 155 (approximately) feet of the northern

portio n of 'L' Street for Haron Motors Inc. to tie their two parcels together (2146 and 2222

Ventura Street). The vacation, an approximate 0.32 acre piece of land will be an expansion of

approximate ly 25% of the existing land use, which will result in a negligible expans ion of the

current land use. The project also involves negligible expans ion for the new car inventory

display and customer parking area, facade remodel, and a new service canopy, which are

minor alterations to the land and accessory structures. These alterations will not require

removal of healthy, mature, or scenic trees.

The property is zoned C-M which is consistent with adopted plans and policies and is

also less than five acres located within the city limits. The subject property is surrounded by

urban uses and has no value as habitat for endangered , rare or threatened species and will

not cause any significant environmenta l impacts related to traffic, noise, and air or water

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quality. Th is site can be adequately served by all required utilities and pub lic services.

Development of the site will meet the intent of infill development. No significant effects wou ld

occur as a result of the proposed project. Therefore, the above described project compli es

with the cond itions described in Sections 15301/Class 1, 15304/Class 4, 15311/Class 11, and

15332/Class 32 of the CEQA Guidelines. None of the exceptions to Categorical Exemptions

set forth in the CEQA Guidelines Section 15300.2 apply to this project.

2. The Council finds from all the evidence submitted that approximately 155 feet of "L"

Street southeast of Ventura Street is unnecessary for present and prospective public street

purposes. The public street easement to be vacated is shown on Exhibit "A", which is

attached to and incorporated in this Resolution.

3. The pub lic interest and convenience require, and it is hereby ordered, that as

contemplated by Resolution of Intention No. 1091-0 adopted by the Council on May 31,

2012 , the publ ic street easement shown on Exhibit "A" be and is hereby vacated and

abandoned.

4. The City reserves the enti re area to be vacated as a permanent easement, to be used

anytime , to construct, maintain, operate, replace, remove and renew sanitary sewers, water

mains, storm drains, and appurtenant structures in, upon, and over the public street

easement proposed to be vacated and, pursuant to any exist ing franchises or renewals

thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge

lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment , and

fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and

for the transportation or distr ibution of electric energy, petroleum and its products, ammonia

and water, and for incidental purposes, including access to protect such works from all

hazards in, upon, and over all of the public street easement to be vacated. The area to be

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reserved pursuant to this paragraph is depicted in Exhibit "A", which is attached and

incorporated herein .

5. All proceedings for the vacation of such right-of-way are intended to be and shall be

taken subject to the conditions listed on Exhibit "B" . All work required by such conditions

sha ll be comp leted in compliance with City Standard Specifications and will require

engineered construction plans prepared by a registered civil engineer and approved by the

Public Works Department.

6. The City Clerk shall certify to the passage of this Resolution and shall file a certified

copy, attested by the City Clerk under the seal of the City, in the Office of the City Clerk .

7. The City Clerk shall file a certified copy of the Resolution for recordation in the Office

of the Recorder of Fresno County, but not until the City Engineer determines that the

conditions specified in Section 5 above have been satisfied and accepted by the City . The

vacation shall become effective on the date this Resolution is recorded .

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CLERK'S CERTIFICATION

STATE OF CALIFORNIA )COUNTY OF FRESNO )CITY OF FRESNO )

I, YVONNE SPENCE , City Clerk of the City of Fresno, certify that the foregoingResolution was adopted by the Counc il of the City of Fresno, California , at a regular meetingthereof, held on the 28th day of June , 2012.

AYES: Baines , Borgeas, Brand, Quintero, Westerlund , Xiong, OlivierNOES: NoneABSTAIN: NoneABSENT: None

N/A

J ul y 3N/A

N/ A

Mayor Approval:.,...,---=- -==.l..--"'- , 2012Mayor Approval/No Return: , 2012Mayor Veto: , 2012Council Override Vote: , 2012

APPROVED AS TO FORM:

YVONNE SPENCE, CMCCity Clerk

~9J"MJAMES C. SANCHEZCITY ATTORNEY

BY: 5 ~31tZ., Senior Deputy

PW File No. 11400

Resolution ordering the vacation of a portion of "L" StreetSE of Ventura

6

EXHIBIT "A"

OWNER

NOTES

JAMES SHARON2222 VENTURA AVEFRESNO, CA 93721(559) 237-5533

7

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~ VENTURA STREET ~

25

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3' I 32,I

II

MOST EASTERLYCORNER OF LOT7 IN BLOCK 99OF PARKHURST'SAODInON TO THETO~ OF FRESNO

MOST SOUTHERLYCORNER OF LOT26 IN BLOCK 100OF PARKHURST'SAODInON TO THETO~ OF FRESNO

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SANTA CLARA STREET liJ

PREPARED BY:

LEGEND

~INDICATES AREA TO BE VACATED FOR PUBUC STREETPURPOSES AND RESERVED FOR PUBUC UllUTYPURPOSES (90' PREVIOUSLY DEDICAlED ON MAP OFPARKHURST'S ADDInON TO THE TOWN OF FRESNO)

207111

1/13/12,. = 100'

OF 1

SCALE:

JOB NO.:

OAT£:PORTION OF "L" STREETTO BE VACATED

PRO'*'CT:

DESCRIPTION: SHEET:

PORllON OF THE MAP OF PARKHURST'S ADDInON 1TO THE TOWN OF FRESNO, RECORDED IN BOOK "

PAGE 16 OF MAPS, FRESNO COUNTY RECORDS

•P. 558 320.0:144 F.~WWW.oERll!8NO.COll5811 E. PRINCliTOH AVENUE, FRE8HO, CA 1l3727·1m

EXHIBIT "B"

1. PG&E, AT&T, and Comcast have facilities in place, requiring a reservation of a publicutility easement in the vacated portion of L Street. If the relocation of such facilitiesbecomes necessary and possible, it will be at the expense of the developer.

2. The Fresno Metropolitan Food Control District (FMFCD) requires that their Master Plandrainage patterns remain as designed for the vacated area. Any improvement plans mustbe reviewed and approved by FMFCD prior to implementation of said plans.

3. The City of Fresno's Traffic and Street Lighting (TSSL) Division requires that any streetlights within the area to be vacated be removed at the developer's expense, and returnedto the City of Fresno. All modifications to the street lighting and related circuits must bereviewed and approved by the City.

4. The City of Fresnds Traffic and Engineering Services Division requires that all of thefollowing conditions must be met, at the expense of the developer:a) Approval of the site plan for the future development of the area proposed to be

vacated.b) Removal of all public street improvements within the area to be vacated.c) Construction of curb, gutter, sidewalk, street lights and any other required

improvements along the southeast side of Ventura across the area proposed to bevacated.

d) Construction of a cul-de-sac at the northwesterly termination of'l,' Street including curb,gutter, sidewalk, street lights and any other required improvements.

e) Recordation of any Deeds of Easement necessary for the construction of the cul-de­sac at the northwesterly termination of''l,' Street with the Fresno County Recorder'sOffice.

All construction must be built to City of Fresno Public Works Department Standards withstreet improvement plans approved by the City's Traffic and Engineering ServicesDivision.

PW. FILE 11400

June 29,2012

TO:

FROM:

fx--(-' [:'1\I C I .\ L.. ... _.' . L_v

MAYOR ASHLEY SWEARE%<;'1 ~ 1 " -s ~.ri 9: 06

YVONNE SPENCE, cM¢I ' 1Y CLr:::K, Ff\E3' iO C!City Clerk J<Yl J

Council Adopt ion: 6/ 28/ 2012Mayor Approval:Mayor Veto:Override Request:

SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO

At the Counci l meeting of 6/28/1 2, Council adopted the attached Resolution No. 2012-119entitled Ordering the Vacation of approximately 155 feet of L Street Southeast ofVentura Street, Item No. 10:30 AM b, by the following vote:

AyesNoesAbsentAbstain

Baines, Borgeas, Brand, Quintero, Westerlund, Xiong, OlivierNoneNoneNone

Please indicate either your formal approval or veto by completing the following sections andexecuting and dating your action. Please file the completed memo with the Clerk's office onor before July 9,2012. In computing the ten day period required b~ Charter, the first day hasbeen excluded and the tenth day has been included unless the 101 day is a Saturday,Sunday, or holiday, in which case it has also been excluded. Failure to file this memo withthe Clerk's office within the required time limit shall constitute approval of the ordinance,resolution or action, and it shall take effect without the Mayor's signed approval.

Thank you.************************************************************

APPROVED/NO RETURN: __

VETOED for the following reasons: (Written object ions are required by Charter ; attachadditional sheets if necessary.)

COUNCIL OVERRIDE ACTION:AyesNoesAbsentAbstain

Date: '1 {~ 112--

Date: _