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SUMMARY VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY ALONG SOUTH PERSHING AVENUE
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving a summary vacation of a portion of the public right-of-way along South Pershing Avenue off of Navy Drive;
2. Authorizing the filing of Notice of Exemption No. CE06-18 under the California Environmental Quality Act for a portion of the public right-of-way along South Pershing Avenue off of Navy 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, Waste Management Inc. dba Stockton Scavengers Inc. (“Developer”), is requesting the vacation of a portion of the public right-of-way along South Pershing Avenue off of Navy Drive. The area is impassable to public vehicle traffic, and the property needs to be vacated for the adjacent landowner to complete storm drain improvements to Pershing Avenue. Fee title to the surrounding parcels is owned by the Developer. The Developer has dedicated a new public right-of-way to the north and west of the vacation area.
DISCUSSION
Background
The Developer owns the real property at the intersection of South Pershing Avenue and Navy Drive consisting of a 2.69-acre parcel zoned for industrial use south of Navy Drive, north of West Charter Way, and east of Interstate 5 in Stockton. The proposed vacation area runs south off of Navy Drive (Attachments A and B - Vicinity Map and Aerial Map).
The proposed vacation is required for Developer to complete storm drain improvements to the remainder of South Pershing Avenue required by Public Works.
Present Situation
The Developer is the sole owner of the approximately 2.69 acres adjacent to the proposed vacation area. The proposed area to be vacated consists of 7,000 square feet located south of Navy Drive. The Developer has dedicated a new public right-of-way to the west and north of the proposed vacation area (Attachment C - Easement Deed).
All City Departments and local utilities were notified of the proposed vacation at this site, and no objections were received.
The City may perform this proposed vacation as a summary vacation under Division 9, Part 3, Section 8331, et. seq., of the California Streets and Highway Code and a public hearing is not required. This code section, in relevant parts, 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 area has been impassable for vehicular travel for more than five years, and the City has spent no public money to maintain the area in the last five years. 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 conforms to the City’s General Plan Policy Document, as amended.
FINANCIAL SUMMARY
The applicant, Waste Management Inc., 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
Attachment C - Easement Deed