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RESOLUTION TO ADOPT THE SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT AT 1505 EAST HAMMER LANE
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RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1) Approving the summary vacation of a portion of the public utility easement at 1505 East Hammer Lane;
2) Authorizing the filing of a Notice of Exemption No. NOE02-20 under the California Environmental Quality Act for a portion of the public utility easement at 1505 East Hammer Lane; and
3) Authorizing the City Manager, or 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, Miner Joaquin Building Corporation, is requesting the vacation of a portion of a public utility easement located at 1505 East Hammer Lane. Fee title to the vacated area is owned by Miner Joaquin Building Corporation.
DISCUSSION
Background
Miner Joaquin Building Corporation owns the real property at 1505 East Hammer Lane, which contains approximately 2.43 acres zoned for commercial use on the northeast corner of Hammer Lane and West Lane in Stockton. The proposed vacation runs across the northern part of the parcel (Attachments A and B - Vicinity Map and Aerial Map).
Present Situation
Miner Joaquin Building Corporation has owned the approximately 2.43-acre property since 1985 and is constructing a car wash and coffee drive-thru on the site that will be located on the proposed area to be vacated. The proposed area to be vacated consists of 3,924 square feet located at 1505 East Hammer Lane. Fee title to the vacated area is owned by Miner Joaquin Building Corporation.
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“The legislative body of a local agency…may summarily vacate a public service easement…[if] [t]he easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement.” SHC § 8333.
The proposed vacation has been superseded by a new public utility easement and there are no public facilities within the easement to be vacated.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 1505 East Hammer Lane.
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this project is Categorically Exempt under California Environmental Quality Act guidelines and is granted a “general rule exemption” under Section(s): 15061(B)(3) since there is no possibility that the activity in question would have significant effect on the environment and the activity is no subject to CEQA.
In accordance with Section 65402 of the Government Code, it has been determined that this project or action conforms to the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.
FINANCIAL SUMMARY
The applicant, Miner Joaquin Building Corporation, 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