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ADOPT BY RESOLUTION THE SUMMARY VACATION OF A PUBLIC UTILITY AND ACCESS EASEMENT AND RIGHT-OF-WAY AT WESTLAKE VILLAGES UNIT NO. 1
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1) Authorizing the summary vacation of a public utility and access easement at Westlake Villages Unit No. 1;
2) Authorizing the summary vacation of a public right-of-way at Westlake Villages Unit No. 1;
3) Authorizing the filing of a Notice of Exemption No. NOE07-20 and NOE08-20 under the California Environmental Quality Act for the vacation of a public utility and access easement and right-of-way at Westlake Villages Unit No. 1; and
4) 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, Stockton Westlake Investment LLC, is requesting the vacation of a public utility and access easement, as well as a right-of-way, located at Westlake Villages Unit No. 1. Fee title to the vacated area is owned by Stockton Westlake Investment LLC.
DISCUSSION
Background
Stockton Westlake Investment LLC owns the real property at 6210 Westlake Drive, Westlake Villages Unit No. 1, which contains 28 acres zoned for mixed use on the west side of Interstate 5 and south of Eight Mile Road in Stockton. The proposed vacation areas are located in the northern part and along the eastern perimeter of the subject parcel (Attachment A-Vicinity Map and Attachment B-Aerial Map).
Present Situation
The proposed areas to be vacated consists of 2.24 acres for the public utility and access easement and 3,568 square feet for the right-of-way summary vacation. The proposed area to be vacated will be added to an adjacent parcel for a future school site. 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 public utility and access easement vacation as a summary vacation under Division 9, Part 3, Section 8333, 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“The legislative body of a local agency…may summarily vacate a public service easement…[if] [t]he easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement.”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 City may perform a summary vacation of a public right-of-way under Division 9, Part 3, section 8331, et. seq., of the California Streets and Highway Code and a public hearing is not required when a street or highway has been impassable for vehicular travel for at least five consecutive years and no public money was expended for maintenance on the street or highway during such period.
The proposed vacation has been superseded by a new public utility easement and there are no public facilities within the easement to be vacated. Further, the public right-of-way being proposed for vacation is undeveloped and impassible to vehicles and no City funds have been spent on the subject property in the preceding five years.
The Public Works Department concurs with the proposed vacations of this portion of the public utility and access easement, as well as the public right-of-way, at Westlake Villages Unit No. 1.
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, Stockton Westlake Investment LLC, 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