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SUMMARY VACATION AND ABANDONMENT OF A PORTION OF PUBLIC UTILITY EASEMENT AT 3412 PERLMAN DRIVE
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 easement located at 3412 Perlman Drive;
2. Authorizing the filing of Notice of Exemption No. CE03-18 under the California Environmental Quality Act (CEQA) for a portion of the public utility easement located at 3412 Perlman Drive; 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, Central Valley Industrial Core Holdings, LLC (“Developer”) is requesting the abandonment of a portion of the public utility easement located at 3412 Perlman Drive to allow for refinancing of an industrial development on the parcel. Fee title to the abandonment area is owned by the Developer. The existing public utility easement was not abandoned when the property was first developed in 2007, and now the unused easement runs through an existing building.
DISCUSSION
Background
The Developer owns the real property at 3412 Perlman Drive, an approximately 27.37-acre parcel zoned for industrial use north of Industrial Drive and west of Airport Way in Stockton. The proposed abandonment area runs primarily east-west through the parcel from Perlman Drive (Attachments A and B - Vicinity Map and Aerial Map).
The Developer constructed a roughly 500,000 square foot warehousing and logistics facility on the parcel in 2007. At that time, the City did not abandon the public utility easement, which ran underneath the construction. The Developer is now requesting the summary vacation of the unused public utility easement to meet a condition of refinancing the property.
Present Situation
The Developer is the sole owner of the approximately 27.37 acres surrounding the proposed abandonment area. The Developer has constructed a large warehousing and logistics facility on the site. The proposed area to be abandoned consists of a 15-foot wide public utility easement located south of Ralph Avenue. 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 area is not needed for City services due to the public utility easements to the north, east, and west 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 South of Ralph Avenue as the remaining public utility easements in the vicinity 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 b 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, Central Valley Industrial Core Holdings, 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