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SUMMARY VACATION OF A PORTION OF LT. COLONEL MARK TAYLOR STREET PUBLIC RIGHT OF WAY AT CANNERY PARK UNIT NO. 1
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving the summary vacation of a portion Lt. Colonel Mark Taylor Street.
2. Authorizing the filing of a Notice of Exemption No. NOE45-20 under the California Environmental Quality Act for the vacation of Lt. Colonel Mark Taylor Street public right-of-way at Cannery Park Unit No. 1; 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, Holman Investors, LLC, is requesting the vacation of a portion of Lt. Colonel Mark Taylor Street public right-of-way. The area is impassable to public vehicle traffic and the property may be abandoned to the applicant. Fee title to the vacated area is currently vested with the City.
DISCUSSION
Background
Holman Investors, LLC owns the real property to the north of the proposed vacation at 10311 Holman Road, Cannery Park Unit No. 1, which contains 14 acres zoned for residential use south of Eight Mile Road in Stockton. The proposed vacation area is a portion of Lt. Colonel Mark Taylor Street between Nash Drive and the Union Pacific Railroad (Attachment A-Vicinity Map and Attachment B-Aerial Map). In July 2019, the City Council approved the removal of the requirement to extend Lt. Colonel Mark Taylor Street west of Nash Drive as part of an amendment to Exhibit B of the Cannery Park Unit 1 Subdivision Agreement (Attachment C - Resolution 2019-07-16-1104).
Present Situation
Holman Investors, LLC owns the real property to the north of the proposed abandonment area. The proposed area to be vacated consists of 1.91 acres for the right-of-way vacation.
The Public Works, Community Development, Municipal Utilities, Fire and Police 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 8331, 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 street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period.”
The proposed abandonment area has been impassable for vehicular travel for more than five years, and the City has spent no resources maintaining the area in the last five years.
California Streets and Highway Code Section 8334 also provides for summary abandonment of a street or highway right-of-way that is excess and not required for street and highway purposes. The proposed abandonment area is no longer required for street purposes.
The Public Works Department concurs with the proposed vacation of this portion of Lt. Colonel Mark Taylor Street.
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this project is exempt from the requirements of the California Environmental Quality Act and is granted a “Categorical Exemption” per CEQA Guidelines by Section(s) 1530(C) because it requests the minor alteration of existing street for the purpose of public safety. The Project is also not subject to any of the exceptions to the use of a Categorical Exemption listed at CEQA Guidelines §15300.2
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, Holman Investors, LLC, has paid the necessary fees to process the abandonment. There is no financial impact to the City.
Attachment A - Vicinity Map
Attachment B - Aerial Map
Attachment C - Resolution 2019-07-16-1104