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RESOLUTION TO ADOPT THE SUMMARY VACATION OF A PORTION OF PUBLIC UTILITY EASEMENTS AT CORNERSTONE II
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving the summary vacation of a portion of public utility easements at Cornerstone II.
2. Authorizing the filing of a Notice of Exemption No. 31-20 under the California Environmental Quality Act for the vacation of a public utility easements at Cornerstone II.
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, LGI Homes California, is requesting the abandonment of 2.5 feet of ten-foot public utility easements on two (2) lots located at Cornerstone II to allow for the development of new residential units.
DISCUSSION
Background
LGI Homes California owns the real property at Lots 49 & 67 located at Cornerstone II, which contains 21 acres zoned for low-density residential on the west side of Interstate 5 and north of French Camp Road in Stockton. The proposed vacation areas are two (2) corner lots in a subdivision of 182 single-family lots (Attachment A-Vicinity Map and Attachment B-Aerial Map).
Present Situation
LGI Homes California has owned the properties since 2019 and plans to construct 182 entry-level homes. Currently, there are 42 homes in production and since the May 2020 sales opening date, 80 homes have been sold. The proposed areas to be vacated consists of 209 square feet for Lots 49 and 67. The proposed area to be vacated will be added to the parcel for a larger building 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“The legislative body of a local agency…may summarily vacate a public service easement…[if] [t]he easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement.”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 (5) consecutive years, and no public money was expended for maintenance on the street or highway during such period.
The proposed vacation is not needed. It has been determined that 7.5 feet is sufficient for the remainder of the parcel 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 (5) years.
The Public Works Department concurs with the proposed vacations of these portion of the public utility easements at Cornerstone II.
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 a significant effect on the environment and the activity is not 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, LGI Homes, California, 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