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RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF RIGHT-OF-WAY AT “D” STREET AND RESERVING A PUBLIC UTILITY EASEMENT
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RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing a summary vacation of a portion of the public right-of-way at “D” Street.
2. Authorizing the reservation of a public utility easement.
3. Authorizing the filing of Notice of Exemption No. 43-24 under the California Environmental Quality Act for the vacation of a portion of the public right-of-way at “D” Street.
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, Liberty Investments, LLC, is requesting the vacation of a portion of the public right-of-way at “D” Street. The proposed vacation area is impassable to public vehicle traffic and no public money has been expended on maintenance. Presently, there are utilities in the proposed vacation area, and a public utility easement will be reserved over the area to accommodate them.
In addition, fee title to the surrounding parcels is owned by the applicant. As a result of these considerations, staff recommends approval of the summary vacation.
DISCUSSION
Background
The applicant owns the real property at 103 North E. Street and 2101 East Weber Avenue, adjacent to the proposed vacation area. The proposed vacation area is on the north side of Weber Avenue, at the terminus of “D” Street, adjacent to the Stockton Terminal & Eastern Railroad line (Attachment A - Vicinity Map and Attachment B - Aerial Map).
The applicant is requesting the vacation of approximately 0.52 acres of City right-of-way in order to facilitate a merger application for assessor parcel numbers 153-111-03 & 153-180-01. The processing of a summary vacation is consistent with the California Streets and Highway Code.
Present Situation
The applicant is the owner of the adjacent parcels to the proposed vacation area. The proposed area to be vacated consists of approximately 0.52 acres.
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 local utilities and departments’ non-objection are required to confirm support for the proposed vacation at the site and to ensure there will be no negative impact to any departmental or agency functions.
The City may perform this proposed vacation as a summary vacation under Division 9, Part 3, Section 8331, of the California Streets and Highway Code, and a public hearing is not required. Code section 8331, in relevant part, provides that:
“The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period.”
The proposed vacation conforms with California Streets and Highway Code Section 8331, in that the area has been impassable for vehicular travel for five consecutive years and the City has spent no public funds to maintain the area in the last five years.
It is recommended that the City Council approve the proposed resolution vacating approximately 0.52 acres of City right-of-way on a portion of “D” Street as described in Exhibit 1 and Exhibit 2.
ENVIRONMENTAL CLEARANCE
The Community Development Department has determined that this action/project is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a ’general rule exemption’ under Section 15061(b)(3) of the State CEQA Guidelines 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.
In accordance with Section 65402 of the Government Code, the Community Development Department further determined that this activity conforms to the City’s General Plan Policy Document, as amended.
FINANCIAL SUMMARY
The applicant, Liberty Investment, LLC, has paid the necessary fees to process this proposed vacation. There is no fiscal impact to the City.
Attachment A - Vicinity Map
Attachment B - Aerial Map