Fresno County CA header
 
File #: 17-0360    Name: Vacate 10' of a 20' wide Public Utility Easement within Tract No. 5990
In control: Public Works & Planning
On agenda: 4/25/2017 Final action: 4/25/2017
Enactment date: Enactment #: Resolution No. 17-245
Title: Adopt required findings and a Resolution approving the summary vacation of 10-feet of a 20-foot wide public utility easement within Tract No. 5990. The Board finds that: 1. The vacation is determined to meet the criteria for summary vacation, pursuant to Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code. 2. The easement area to be vacated is not useful as a non-motorized transportation facility, pursuant to Section 892 of the Streets and Highways Code. 3. The vacation is consistent with the County General Plan.
Attachments: 1. Agenda Item, 2. Vicinity Map, 3. Resolution No. 17-245
DATE: April 25, 2017

TO: Board of Supervisors

SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning

SUBJECT: Vacate 10' of a 20' wide Public Utility Easement within Tract No. 5990
(Vacation Application No. V17-01)

RECOMMENDED ACTION(S):
TITLE
Adopt required findings and a Resolution approving the summary vacation of 10-feet of a 20-foot wide public utility easement within Tract No. 5990. The Board finds that:

1. The vacation is determined to meet the criteria for summary vacation, pursuant to Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code.

2. The easement area to be vacated is not useful as a non-motorized transportation facility, pursuant to Section 892 of the Streets and Highways Code.

3. The vacation is consistent with the County General Plan.
REPORT
The Department has received an application to vacate 10-feet of a 20-foot wide Public Utility Easement (PUE) within Tract No. 5990, located on the west side of State Route 168 (Tollhouse Road) at Bretz Mill Road, in the Community of Shaver (see attached map). The subject 20-foot wide PUE is designated for storm drainage, slope maintenance, snow storage and public utilities. The applicant would like to reduce the width of the PUE in order to have more area to position homes on the lots.

ALTERNATIVE ACTION:

There is no viable alternative action. If the action is not approved the developer may have difficulty positioning homes on some lots due to limited space.

FISCAL IMPACT:

There is no Net County Cost associated with the recommended action. The applicant has paid the required fees totaling $1,859 to cover the cost incurred to process the vacation. The vacation will have no impact on the County tax rolls.

DISCUSSION:

Tract No. 5990 was modified by Conditional Use Permit No. 3491 on October 8, 2015, to allow for a reduction of the front and rear yard setbacks from 20-feet to 10-feet on 16 lots within the subdivision. This change was requested to ...

Click here for full text