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SUMMARY VACATION OF A PORTION OF PUBLIC UTILITY EASEMENT BETWEEN INGLEWOOD AVENUE AND PACIFIC AVENUE
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RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving a summary vacation of a portion of the public utility easement between Inglewood Avenue and Pacific Avenue;
2. Authorizing the filing of Notice of Exemption No. CE07-18 under the California Environmental Quality Act for a portion of the public utility easement between Inglewood Avenue and Pacific Avenue; 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, Humphreys University (“Humphreys”), is requesting the vacation of a portion of a public utility easement located between Inglewood Avenue and Pacific Avenue. Fee title to the vacation area is owned by Humphreys.
DISCUSSION
Background
Humphreys owns the real property at 6517 Inglewood Avenue and 6508 Pacific Avenue, which contains approximately 0.92 acres zoned for commercial use east of Pacific Avenue and south of Benjamin Holt Drive in Stockton. The proposed vacation runs north-south between the two former parcels (Attachments A and B - Vicinity Map and Aerial Map).
Humphreys recently completed a lot merger to assemble multiple parcels to construct a new building; the existing public utility easement spanned two of those parcels and would run below the planned building. Humphreys has requested this summary vacation as the easement is no longer necessary and will prevent the building’s construction.
Present Situation
Humphreys is the sole owner of the approximately 0.92 acres surrounding the proposed vacation area. Humphreys plans to construct a building on the site that will be located on the proposed area to be vacated. The proposed area to be vacated consists of 5,825 square feet located between Inglewood Avenue and Pacific Avenue. Fee title to the vacated area is owned by Humphreys.
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 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] [t]he easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement.”
The proposed vacation has been determined to be excess by Economic Development Department, 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 easement between Inglewood Avenue and Pacific Avenue. 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) and (c) 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, Humphreys University, has paid the necessary fees to process this proposed vacation. There is no financial impact to the City.
Attachment A - Vicinity Map
Attachment B - Aerial Map