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SUMMARY VACATION AND ABANDONMENT OF A PORTION OF PUBLIC UTILITY EASEMENT BETWEEN METRO DRIVE AND IMPERIAL WAY
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving a summary abandonment of a portion of the public utility sewer easement between Metro Drive and Imperial Way;
2. Authorizing the filing of Notice of Exemption No. CE034-17 under the California Environmental Quality Act (CEQA) for a portion of the public utility sewer easement between Metro Drive and Imperial Way; and
3. Authorizing the City Manager, or his 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, PW Fund B, Development, LLC (“Developer”) is requesting the abandonment of a portion of the public utility sewer easement located between Metro Drive and Imperial Way to allow for industrial development of the parcel. Fee title to the abandonment area is owned by the Developer. The Developer has dedicated a new public utility easement to the east of the abandonment area.
DISCUSSION
Background
The Developer owns the real property at 3537 Metro Drive, an approximately 12.83-acre parcel zoned for industrial use north of Arch Road and east of Highway 99 in Stockton. The proposed abandonment area runs North-South through the parcel between Imperial Way and Metro Drive (Attachments A and B - Vicinity Map and Aerial Map).
The Developer recently completed a lot merger to assemble multiple parcels that the existing public utility easement crossed. The Developer has requested the summary vacation of the abandonment area to allow it to now develop the larger parcel.
Present Situation
The Developer is the sole owner of the approximately 12.83 acres surrounding the proposed abandonment area. The Developer plans to construct a large warehousing and logistics facility on the site. The proposed area to be abandoned consists of 0.31 acres located between Metro Drive and Imperial Way. The Developer has dedicated a new public utility easement to the east of the proposed abandonment area (Attachment C - Easement Dedication). Fee title to the abandonment area is owned by the Developer.
All City Departments and local utilities were notified of the proposed abandonment 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 8300, et. seq., 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 the easement has been superseded by relocation…and there are no other public facilities located within the easement.”
The proposed vacation has been superseded by a new public utility easement to the East of the proposed vacation and there are no public facilities located within the easement to be vacated.
The Public Works Department concurs with the proposed vacation of this portion of the public utility sewer easement between Metro Drive and Imperial Way as the new public utility easement will serve City utility purposes. Consequently, it is recommended that the City Council approve the proposed resolution.
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 “Categorical Exemption” under Article 19 and, specifically by Section(s) 15301, Class 1 of the State CEQA Guidelines.
In accordance with Section 65402 of the Government Code, the Community Development Department further determined that this activity/project conforms to the City’s General Plan Policy Document, as amended.
FINANCIAL SUMMARY
The applicant, PW Fund B, Development, LLC, has paid the necessary fees to process this proposed abandonment. There is no financial impact to the City.
Attachment A - Vicinity Map
Attachment B - Aerial Map
Attachment C - Easement Dedication