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SUMMARY VACATION OF A PORTION OF PUBLIC UTILITY EASEMENT AT 1505 SOUTH UNION STREET
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing a summary vacation of a portion of the public utility easement at 1505 South Union Street;
2. Authorizing the filing of Notice of Exemption No. CE14-18 under the California Environmental Quality Act for a portion of the public utility easement at 1505 South Union Street; 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, San Joaquin Regional Transit District (“RTD”), is requesting the vacation of a portion of a public utility easement located at 1505 South Union Street. Fee title to the vacation area is owned by RTD.
DISCUSSION
Background
RTD owns the real property at 1505 South Union Street, which contains approximately 1.45 acres zoned for industrial use east of the Union Pacific rail line, south of East Charter Way, and west of South Airport Way in Stockton. The proposed vacation runs east-west across the center of the parcel (Attachments A and B - Vicinity Map and Aerial Map).
RTD recently purchased the impacted parcel to construct a new bus stop and transfer station; the existing public utility easement would run below the planned construction. RTD has requested this summary vacation as the easement is no longer necessary and will prevent construction.
Present Situation
RTD is the sole owner of the approximately 1.45 acres surrounding the proposed vacation area. RTD plans to construct a rapid transit bus stop and transfer station on the site that will be located on the proposed area to be vacated. The proposed area to be vacated consists of 2,761 square feet located at 1505 South Union Street. Fee title to the vacated area is owned by RTD.
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 part, 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“The legislative body of a local agency…may summarily vacate a public service easement…[if] [t]he easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement.”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 at 1505 South Union Street. Consequently, it is recommended that the City Council approve the proposed vacation.
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(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, San Joaquin Regional Transit, 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