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AUTHORIZING SUMMARY VACATION OF PUBLIC UTILITY EASEMENT AT 7555 PACIFIC AVENUE
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RECOMMENDATION
It is recommended that the Council adopt a resolution:
1. Approving the summary vacation of a portion of the public utility easement at 7555 Pacific Avenue;
2. Authorizing the filing of Notice of Exemption No. CE028-18 under the California Environmental Quality Act for a portion of the public utility easement at 7555 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, Oakridge Center is requesting the vacation of a portion of a public utility easement located at 7555 Pacific Avenue. Fee title to the vacated area is owned by Oakridge Center.
DISCUSSION
Background
Oakridge Center owns the real property at 7555 Pacific Avenue, which contains approximately 6.4 acres zoned for commercial use on the west side of Pacific Avenue between Rivara Road and Edan Avenue in Stockton. The proposed vacation runs north-south across the center of the parcel (Attachments A and B - Vicinity Map and Aerial Map).
Oakridge Center has owned the property since 1973 and is constructing a self-storage facility on the site that will be located on the proposed area to be vacated.
Present Situation
Oakridge Center is the sole owner of the approximately 6.4 acres surrounding the proposed vacation area and plans to construct a mini-storage on the site. The proposed area to be vacated consists of 6,475 square feet located at 7555 Pacific Avenue. Fee title to the vacated area is owned by Oakridge Center.
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 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“The legislative body of a local agency…may summarily vacate a public service easement…[if] [t]he easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement.”
The proposed vacation has been superseded by a new public utility easement and there are no public facilities within the easement to be vacated.
The Public Works Department concurs with the proposed vacation of this portion of the public utility easement at 7555 Pacific Avenue. 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) pursuant to Section 15061 (b)(3) 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, Oakridge Center, has paid the necessary fees to process these abandonments. There is no financial impact to the City.
Attachment A - Vicinity Map
Attachment B - Aerial Map