title
PUBLIC HEARING AUTHORIZING THE VACATION OF A PORTION OF SOUTH PERSHING AVENUE AND TEMPLE STREET RIGHTS-OF-WAY AND RESERVING PUBLIC UTILITY EASEMENTS
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the vacation of a portion of South Pershing Avenue and Temple Street;
2. Authorizing the reservation of public utility easements;
3. Authorizing the filing of Notice of Exemption 13-25 and 15-25 under the California Environmental Quality Act (CEQA) for the abandonment of a portion of South Pershing Avenue and Temple Street; and
4. Authorizing the City Manager, or designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution.
body
Summary
The applicant, Waste Management Inc. dba USA Waste of California, Inc. (Developer), requested the City of Stockton initiate the vacation of a portion of public rights-of-way on South Pershing Avenue, south of Navy Drive, and on Temple Street, south of Faye Street, to support the Developer’s site expansion (Attachment A - Vicinity Map and Attachment B - Aerial Map).
The proposed abandonment of South Pershing Avenue and Temple Street is an integral part of the Developer’s site improvements located at 1408 Navy Drive, which will include the expansion of the existing Waste Management facility.
The Developer owns the surrounding properties adjacent to the proposed South Pershing Avenue abandonment area.
The Developer and the property owner of 1504 Faye Street (APN: 163-250-18), Wilbur Myers, own the surrounding properties adjacent to the proposed Temple Street abandonment area.
The property at 1504 Faye Street has an existing single-family residence that fronts Temple Street. The four remaining parcels that front Temple Street are owned by the Developer. The Developer parcels will be merged with the existing Developer facility upon the abandonment of the Temple Street right-of-way. Therefore, street access from Temple Street is not needed for any adjoining property owner. The adjoining property owner, Myers, submitted a letter consenting to the vacation of Temple Street (Attachment C).
After the City’s rights-of-way in the proposed abandonment areas are vacated, title to the areas will revert to the underlying fee property owner(s).
DISCUSSION
Background
The Developer owns the real property located at 1408 Navy Drive (APN: 163-240-06) consisting of a 4.33-acre parcel which is currently operating as Waste Management Inc. The proposed vacation of a portion of South Pershing Avenue runs south of Navy Drive. The proposed vacation of Temple Street runs south of Faye Street.
The Developer purchased 1433 Temple Street (APN: 163-250-21), 1445 Temple Street (APN: 163-250-20), and 1451 Temple Street (APN: 163-250-19). Additionally, the Developer purchased 1416 South Pershing Avenue (APN: 163-230-02) and 1402 South Pershing Avenue (APN: 163-30-01). The Developer plans to merge the proposed rights-of-way vacations on South Pershing Avenue and Temple Street along with the recently purchased properties to facilitate the expansion of the existing Waste Management facility. The abandonment of a portion of South Pershing Avenue and Temple Street rights-of-way is necessary for Waste Management’s facility expansion.
Present Situation
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, MUD and California Water Service requested that a public utility easement be reserved for the proposed South Pershing Avenue and Temple Street abandonment areas. A reservation of a public utility easement will be reserved within the two abandonment areas. The adjoining property owner, Myers, will maintain the existing storm water drainage ditch that is located on the proposed abandonment area along Temple Street.
The City may perform this proposed abandonment as a general vacation under Division 9, Part 3, section 8300, et. seq., of the California Streets and Highway Code. A general vacation requires the City Council to hold a public hearing and perform the notification and advertising requirements. A public hearing is required for this proposed abandonment since South Pershing Avenue and Temple Street are active rights-of-way.
The Public Works Department concurs with the proposed vacation of the portion of South Pershing Avenue and Temple Street, as the City maintains this portion of roadway under the street maintenance program, and the abandonment will reduce future maintenance costs to the City.
NOTIFICATION
Pursuant to California Streets and Highway Code section 8322, notice of a public hearing for a proposed vacation must be published at least two successive weeks prior to the hearing. The notice for this public hearing was published in The Record on June 9 and June 16.
Also pursuant to California Streets and Highways Code section 8323, not less than three notices of the proposed vacation were duly posted in a manner and form required by law in conspicuous places along said portions of South Pershing Avenue and Temple Street, not more than 300 feet apart and at least 14 days prior to the hearing date.
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 vacations. 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 - Consent to Vacation of Temple Street