DATE: January 12, 2021
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Vacation of East Belmont Avenue Public Road Right-of-Way
(Vacation Application No. V17-07) (Applicant - Susan and Richard Hemb)
RECOMMENDED ACTION(S):
TITLE
Adopt a Resolution of Intention initiating a hearing under Chapter 3, Part 3, Division 9 of the Streets and Highways Code (collectively, the “Vacation Laws"), setting 10:00 a.m. on February 9, 2021, in the Board of Supervisors’ chambers, as the time, date, and place for the Board to conduct a hearing for the proposed vacation of the East Belmont Avenue public road right-of-way, that portion of East Belmont Avenue lying to the East of the intersection of North Frankwood Avenue and East Belmont Avenue approximately 32,285 sq. feet (Vacation Application No. V17-07), directing the Clerk of the Board to cause the posting, publishing, and mailing of notice(s), as required by the Vacation Laws, and directing the Department of Public Works and Planning to post notices on site as required by the Vacation Laws.
REPORT
Approval of the recommended action will vacate the identified public road right-of-way (ROW). The Department of Public Works and Planning has received an application from Susan and Richard Hemb (“Applicant”) to vacate the portion of East Belmont Avenue public road ROW lying between Lots 14 and 17 of the Map of Kings River Thermal Tract Subdivision No. 1, according to the map thereof recorded in Book 5 of Record of Surveys at Page 30, Fresno County Records. The vacation area contains approximately 32,285 sq. feet. East Belmont Avenue is included in the County’s maintained mileage system, and public use is primarily limited to the adjacent property owner. This item pertains to a location in District 5.
ALTERNATIVE ACTION(S):
Your Board may choose to deny the recommended action resulting in the area remaining a public ROW.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action. The Applicant has paid all fees associated with the application process per the Master Schedule of Fees, Charges, and Recovered Costs $3,020. If the ROW is vacated, approximately 32,285 sq. feet will be placed on the County Tax roll.
DISCUSSION:
The subject ROW is included in the County’s maintained mileage system. The vacation under consideration will vacate the portion of East Belmont Avenue public road right-of-way (ROW) between Lots 14 and 17 of the Map of Kings River Thermal Tract Subdivision No. 1, according to the map thereof recorded in Book 5 of Record of Surveys at Page 30, Fresno County Records approximately 32,285 sq. feet. The portion of the ROW is very limited and only of use to the adjacent property owners, indicating that it is no longer necessary for present or prospective public use.
The Applicant has requested the vacation in order to install a security gate at East Belmont Avenue just East of the Intersection of North Frankwood Avenue and East Belmont Avenue. In order to install the gate a partial abandonment of the street will be required. If the vacation is approved, it will result in this portion of East Belmont Ave being owned by Susan and Richard Hemb and they will assume all maintenance and responsibility.
In this area of East Belmont Avenue, the County of Fresno only owns the approximately 32,285 sq. feet which is what the applicant is requested be vacated. The remainder of the road in this area was abandoned in 1966 and Susan and Richard Hemb have been maintaining this area of road.
Pacific Gas & Electric (PG&E) Company has facilities within the area to be vacated. A public service easement will be retained through reservations in the legal description of the ROW for the benefit of these facilities.
The Board of Supervisors, as the legislative body of the County, a local agency, may vacate public ROW pursuant to Chapter 3 of Part 3 of Division 9 - General Vacation of the Streets and Highways Code (Vacation Laws), if the Board determines and finds that it is no longer necessary for present or prospective public use. This determination may be made by your Board after conducting a public hearing, which is scheduled on February 9, 2021 at 10:00 a.m.
REPORT OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS AND PLANNING
Roadway classifications as listed in the Transportation and Circulation Element of the General Plan include freeways, expressways, super arterials, arterials, and local roads. Belmont Avenue is designated as a local road. Local roads are defined as roads that provide direct access to abutting property and connect with other local roads, collectors, arterials, super arterials, and expressways. Local roads are typically developed as two-lane undivided roadways.
In this case, the request is to vacate an approximately 32,285 sq. feet paved section of road. This section provides paved ingress/egress to one developed residential lot with two existing single-family residences. The proposed vacation, if approved by your Board, would not result in impacts to area-wide circulation patterns or disrupt existing traffic patterns because the bridge over the Friant-Kern canal (which is the right-of-way immediately east of the project site) has been blocked off by the Bureau of reclamation for at least six years.
As a result, the proposed vacation is consistent and in conformance with the transportation goals and policies of the Fresno County General Plan.
ENVIRONMENTAL DETERMINATION
It has been determined pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) guidelines that the proposed road vacation, if approved by your Board, will not have a significant effect on the environment and is not subject to CEQA.
OTHER REVIEWING AGENCIES:
Agencies notified of the proposed vacation request include PG&E, Comcast, and Westlands Water District. There has been no opposition raised by any of the foregoing entities.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Exhibit A
Vicinity Map
On file with Clerk - Notice of Exemption
On file with Clerk - Resolution of Intention & Notice of Hearing
CAO ANALYST:
Samantha Buck