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RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT LOCATED AT 1585 SOUTH UNION STREET AND 1549 SOUTH UNION STREET
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RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving the summary vacation of a public utility easement at 1585 South Union Street and 1549 South Union Street;
2. Authorizing the filing of a Notice of Exemption No. NOE 08-25 under the California Environmental Quality Act for the vacation of a public utility easement at 1585 South Union Street and 1549 South Union Street; and
3. 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, J & K Property, LLC, is requesting the abandonment of the public utility easement along the rear side of the properties, located at 1549 South Union Street (APN: 169-030-09) and 1585 South Union Street (APN: 169-040-17), to allow for future expansion to the existing industrial facility. Fee title of the abandonment area is owned by the applicant (Attachment A - Vicinity Map and Attachment B - Aerial Map). The purpose of the public utility easement recommended for abandonment was for the use of a railroad track that is no longer functional or operable. There are no existing City utilities located within the proposed abandonment area.
DISCUSSION
Background
J & K Property, LLC owns the real property at 1549 South Union Street and 1585 South Union Street. The proposed abandonment area contains approximately 0.12 acres. The proposed vacation runs vertically along the western side of the parcels. The adjacent parcel to the north, owned by the San Joaquin Regional Transit District, located at 1505 South Union Street, had no objection to the abandonment request (Attachment C - SJRTD Response).
Present Situation
The Public Works, Community Development, Municipal Utilities, Police, and Fire Departments and local utilities were notified of the proposed vacation at this site, and no objections were received.
The City may perform this proposed abandonment as a summary vacation under Division 9, Part 3, Section 8333, of the California Streets and Highway Code, and a public hearing is not required. That code section provides in relevant parts, that:
“The legislative body of a local agency…may summarily vacate a public service easement…[if] [t]he easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.”
The public utility easement proposed for vacation has not been used for the purpose for which it was dedicated for at least five consecutive years immediately preceding this proposed vacation.
The Public Works and the Community Development Departments concur with the proposed vacation of this public utility easement located at 1549 South Union Street and 1585 South Union Street, as the public utility easement has not been used for many years and there is no anticipation that it will ever be used again by the owners of the site. Consequently, it is recommended that the City Council approve the proposed resolution.
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this project is Categorically Exempt under California Environmental Quality Act (CEQA) guidelines and is granted a “general rule exemption” under Section: 15061 (B)(3) since there is no possibility that the activity in question would have significant effect on the environment and the activity is not subject to CEQA. The project is also not subject to any of the exceptions to the use of a Categorical Exemption listed in 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, J & K Property, LLC has paid the necessary fee to process the public utility easement abandonment. There is no negative financial impact to the City’s General Fund.
Attachment A - Vicinity Map
Attachment B - Aerial Map
Attachment C - SJRTD Response