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RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY ALONG NAVY DRIVE, RESERVING A PUBLIC UTILITY EASEMENT, AND DECLARING THE VACATED PROPERTY TO BE EXEMPT SURPLUS LAND
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the vacation of a portion of public right-of-way along Navy Drive;
2. Authorizing the reservation of a public utility easement;
3. Authorizing a portion of right-of-way along Navy Drive, included as Exhibit 1 to the Resolution, to be declared as exempt surplus and not necessary for the City's use;
4. Authorizing the filing of Notice of Exemption No. 35-25 under the California Environmental Quality Act (CEQA) for the vacation of right of way on a portion Navy Drive; and
5. Authorizing the City Manager, or designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution
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Summary
The applicant, Waste Management Inc. dba USA Waste of California Inc., is requesting the City of Stockton to initiate the vacation of a portion of public right-of-way along Navy Drive to support the applicant's site expansion and frontage improvements. The subject area will be used to improve the City stormwater pipe along the frontage and improve the existing driveways onto the facility. The applicant owns the parcel adjacent to the proposed vacation along Navy Drive. The vacation area comprises approximately 0.56 acres of City right-of-way.
The proposed vacation area is impassable to public vehicle traffic, and no public money has been expended on maintenance. Additionally, excess right-of-way may be summarily vacated if not required for street purposes. Presently, there are utilities in the proposed vacation area, and a public utility easement will be reserved over the area to accommodate them.
The City owns fee title to the proposed Navy Drive abandonment area, and Public Works Department does not have plans to use this area for future roadway expansion. Staff recommends City Council approve the summary vacation of right-of-way, reserve a public utility easement, and declare the subject property as exempt surplus land.
DISCUSSION
Background
The applicant, operating as Waste Management Inc., owns the real property along Navy Drive located at 1408 Navy Drive (APN: 163-240-06), 1402 South Pershing Avenue (APN: 163-230-01), and 1202 Navy Drive (APN: 163-230-47). The proposed vacation of a portion of right-of-way along Navy Drive runs adjacent to the real properties and is owned in fee by the City of Stockton (Attachment A - Vicinity Map and Attachment B - Aerial Map).
On June 24, 2025, the right-of-way of South Pershing Avenue and Temple Street were approved to be vacated with Resolution No. 2025-06-24-1601 (Attachment C). The applicant is requesting the vacation of approximately 0.56 acres of City right-of-way along Navy Drive to expand the existing Waste Management Facility. The processing of a summary vacation and declaring subject property as exempt surplus land is consistent with the California Streets and Highway Code and the Updated Surplus Land Act Guidelines.
Present Situation
To facilitate improvements to the Waste Management facility, the applicant has requested the City of Stockton abandon the right-of-way along Navy Drive. Since the City of Stockton is the underlying fee owner of the Navy Drive abandonment area, an exempt surplus declaration is also being requested pursuant to Surplus Land Act requirements. The proposed area to be vacated and declared exempt surplus consists of approximately 0.56 acres.
The Public Works, Community Development, Municipal Utilities, Police and Fire Departments, as well as local utilities, were notified of the proposed vacations at this site. While no objections were received, California Water Services and MUD requested that a public utility easement be reserved for the proposed vacation of a portion of right-of-way along Navy Drive. A public utility easement will be reserved within the abandonment area.
The City may perform this proposed abandonment as a summary vacation under Division 9, Part 3, section 8331 & 8334(a), of the California Streets and Highway Code. Pursuant to section 8331, a public hearing is not required when a street or highway has been impassable for vehicular travel for at least five consecutive years and no public money was expended for maintenance on the street or highway during such period. Additionally, pursuant to section 83354(a), excess right-of-way of a street that is not required for street or highway purposes may be summarily vacated.
The proposed vacation conforms with California Streets and Highway Code Section 8331 & 8334(a), in that the area has been impassable for vehicular travel for five consecutive years, no City funds have been spent for maintenance on the vacation areas, and the excess right-of-way may be summarily vacated if not required for street and highway purposes.
It is recommended that the City Council approve the proposed resolution vacating approximately 0.56 acres of City right-of-way along Navy Drive as described in Exhibit 1 and Exhibit 2 to the Resolution.
Prior to the disposal of any City-owned land, California law requires compliance with the Surplus Land Act (SLA) Guidelines, procedures Pursuant to Government Code section 54220 et seq. The proposed vacated land qualifies as exempt surplus land under the SLA Guidelines section 103(c)(6), which defines "surplus land that is a former street, right of way, or easements, and is conveyed to an owner of an adjacent property." Additionally, Government Code section 54221(f)(1)(E), defines exempt surplus as "Surplus land that is a former street, right-of-way, or easement, and is conveyed to an owner of an adjacent property."
The subject property complies with the SLA definition of 'exempt surplus land' and meets the requirements of Government Code section 54221(f)(1)(E), provided that the abandonment will result in the portion of Navy Drive being designated as a former right-of-way. Pending approval of this action, staff will bring forth a future Council item to dispose of the abandonment area to USA Waste of California Inc., the adjacent property owner.
In accordance with SLA Guidelines section 400(e), City staff will submit the required notification to the California Department of Housing and Community Development about the City's determination that the subject property is exempt from the SLA requirements, prior to moving forward with disposition.
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this project is Categorically Exempt under California Environmental Quality Act Guidelines section 15061(B)(3). The activity is granted a 'general rule' exemption since there is no possibility that the activity in question would have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s). The project is also not subject to any of the exceptions to the use of a Categorical Exemption listed at CEQA Guidelines section 15300.2.
In accordance with section 65402 of the Government Code, it has been determined that this project or action conforms to the City's General Plan designation for the site and with the General Plan Policy Document, as amended.
FINANCIAL SUMMARY
The applicant, Waste Management Inc., has paid the necessary fees to process the vacation. There is no financial impact to the City's General Fund or any other unrestricted fund as a result of this action.
Attachment A - Vicinity Map
Attachment B - Aerial Map
Attachment C - Resolution 2025-06-24-1601