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RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF RIGHT-OF-WAY ALONG ARCH ROAD AND SOUTH 99 FRONTAGE ROAD AND RESERVING A PUBLIC UTILITY EASEMENT
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving the summary vacation of a portion of right-of-way along Arch Road and South 99 Frontage Road;
2. Authorizing the filing of a Notice of Exemption No. 21-26 under the California Environmental Quality Act for the vacation of a portion of right-of-way along Arch Road and South 99 Frontage Road; and
3. Reserving a public utility easement for the benefit of Pacific Gas and Electric Company; 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.
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Summary
The applicant, Friedrich Enterprises LP, is requesting the abandonment of the right-of-way easement at Arch Road between the Highway 99 offramp and South 99 Frontage Road (adjacent to APNs: 179-310-01 and 179-310-07) to allow for the adjoining property owner to eliminate the blighted conditions and explore potential development opportunities (Attachment A - Vicinity Map and Attachment B - Aerial Map). Fee title of the abandonment area is owned by Overseas Investors, Inc. The City of Stockton originally acquired the right-of-way easement being recommended for abandonment in the 1990s as part of the Arch Road/State Route 99 Interchange expansion, which has since been completed. There are no existing City utilities located within the proposed abandonment area.
DISCUSSION
Background
Friedrich Enterprises LP owns the real property located adjacent to the proposed right-of-way abandonment area at 4965 South 99 Frontage Road (APN: 179-310-07) and 4943 South 99 Frontage Road (APN: 179-310-01). The proposed abandonment area contains approximately 3.18 acres. The City of Stockton accepted an Irrevocable Offer of Dedication from the fee title property owner, recorded on July 1, 1992, for the future State Highway 99/Arch Road widening. The right-of-way easement is no longer needed, and the proposed vacation will allow for the adjoining property owner to eliminate blighted conditions and explore potential development opportunities.
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. However, Pacific Gas & Electric (PG&E) requested that a public utility easement be reserved in the proposed abandonment area. The proposed resolution includes a reservation of a public utility easement 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 8334(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.
The Public Works and the Community Development Department concur with the proposed vacation of this right-of-way easement located on Arch Road between the Highway 99 offramp and South 99 Frontage Road.
It is recommended that the City Council approve the proposed resolution vacating approximately 3.18 acres of City right-of-way, as described in Exhibit 1 and shown in Exhibit 2 to the 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 “Common Sense 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
As of the writing of this staff report, the applicant, Friedrich Enterprises LP, has not yet paid the necessary fee to process the right-of-way abandonment. If approved by Council, payment of the abandonment will be required prior to recording of the certified Resolution. There is no negative financial impact to the City’s General Fund.
Attachment A - Vicinity Map
Attachment B - Aerial Map