title
PUBLIC HEARING AUTHORIZING THE VACATION OF A PORTION OF EAST FIFTH STREET RIGHT-OF-WAY AND RESERVING A PUBLIC UTILITY EASEMENT
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the vacation of a portion of East Fifth Street;
2. Authorizing the reservation of a public utility easement;
3. Authorizing the filing of Notice of Exemption 08-26 under the California Environmental Quality Act (CEQA) for the abandonment of a portion of East Fifth 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, Pacific Coast Khalsa Diwan Society Sikh Gurdwara Sahib, Stockton, a California non-profit religious corporation, requested the City of Stockton initiate the vacation of a portion of public right-of-way along East Fifth Street, east of Sikh Temple Street to develop an expansion of the Sikh Temple, allowing for proper design, circulation, and functionality of the expanded facility (Attachment A - Vicinity Map and Attachment B - Aerial Map).
The Developer owns the surrounding properties adjacent to the proposed East Fifth Street abandonment area.
DISCUSSION
Background
The applicant owns the real property located at 1930 Sikh Temple Street (APN: 167-200-53) which is currently operating as the Stockton Gurdwara. The Gurdwara Sahib Stockton opened its doors in 1912, making it the oldest Sikh house of worship in the United States.
The applicant owns the properties at 803 East Fifth Street (APN: 167-200-22), 811 East Fifth Street (APN: 167-200-23), 821 East Fifth Street (APN: 167-200-24), and 1837 South Aurora Street (APN: 167-200-32). These properties located north of Fifth Street are proposed to be redeveloped as part of a facility expansion. The project includes demolition of all existing residential structures and construction of a new multi-story building. The proposed development will include a parking garage, a kitchen and assembly hall, and a prayer hall. The abandonment of a portion of east Fifth Street is necessary to advance the site 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, Pacific Gas & Electric (PG&E) requested that a public utility easement be reserved for the proposed East Fifth Street abandonment area. A reservation of a public utility easement will be reserved within the abandonment area.
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 East Fifth Street is an active right-of-way.
The Public Works Department concurs with the proposed vacation of a portion of East Fifth 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 July 6, 2026 and July 13, 2026.
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 portion of East Fifth 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, Pacific Coast Khalsa Diwan Society Sikh Gurdwara Sahib, Stockton, a California non-profit religious corporation, 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