title
PUBLIC HEARING AUTHORIZING A VACATION OF A PORTION OF EAST SONORA STREET, EAST CHURCH STREET, AND EAST SCOTTS AVENUE RIGHT-OF-WAY AND RESERVING A PUBLIC EASEMENT
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the vacation, and interest herein, of a portion of East Sonora Street, East Church Street, and East Scotts Avenue;
2. Authorizing the reservation of a public utility easement;
3. Authorizing the filing of Notice of Exemption No. 64-23 under the California Environmental Quality Act (CEQA) for the abandonment of a portion of East Sonora Street, East Church Street, and East Scotts Avenue; 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.
body
Summary
The San Joaquin Regional Rail Commission (SJRRC) requested the City of Stockton initiate a vacation to abandon streets located at East Sonora Street, East Church Street, and East Scotts Avenue to support construction of the Stockton Diamond Grade Separation Project (Attachment A - Vicinity Map and Attachment B - Aerial Map). Fee titles to the abandonment areas are owned by the adjoining properties owners, which includes the Union Pacific Railroad.
DISCUSSION
Background
The tracks of two major railroads intersect at-grade in the City of Stockton at what is called the Stockton Diamond. The rail intersection, located just south of Downtown Stockton near Aurora Street South and East Scotts Avenue, is the busiest, most congested rail bottleneck in California. The rail backup at the Stockton Diamond creates operational inefficiencies for goods movement both locally with the Central Valley and across the national railway network. It also impacts the frequency, reliability, and potential expansion opportunity of passenger rail services. The proposed project will grade separate the principal lines of BNSF Railway (BNSF) and Union Pacific Railroad (UPRR) at the Stockton Diamond, creating uninterrupted flow of rail traffic through the crossing. Project scope also includes bike, pedestrian, and roadway improvements at ten at-grade local road crossings in the City of Stockton, enhancing safety and access for residents.
Present Situation
The San Joaquin Regional Rail Commission (SJRRC) requested the City initiate a vacation to abandon a portion of streets located at East Sonora Street, East Church Street, and East Scotts Avenue to support construction of the Stockton Diamond Grade Separation Project.
UPRR owns the property to the west abutting the proposed abandonment areas. Abandoning these portions of East Sonora Street, East Church Street, and East Scotts Avenue will provide the SJRRC with the necessary right-of-way to initiate construction of the Project. The proposed area to be abandoned consists of approximately 1.59 acres, more or less. Each abandonment area is approximately 304 feet, between Union Street to the East and the railroad tracks to the West.
The Public Works, Community Development, Municipal Utilities, Police and Fire Departments, as well as local utilities, were notified of the proposed vacation at this site; no objections were received. It is recommended that a public utility easement be reserved in each of the proposed abandonment areas.
The City may perform this proposed abandonment as a general vacation under Division 9, Part 3, Section 8300, et. seq., of the California Streets and Highway Code. A general vacation requires the City Council to hold a public hearing and perform the notification and advertising requirements. A public hearing is required for this proposed abandonment since Sonora Street, Church Street, and Scotts Avenue are active rights-of-way, and public funds have been used to maintain the area within the past five years.
The Public Works Department concurs with the proposed vacation of these portions of East Sonora Street, East Church Street, and East Scotts Avenue, as the City maintains this portion of roadway under the street maintenance program, and the abandonment will reduce future maintenance costs to the City.
NOTIFICATION
Pursuant to California Streets and Highway Code Sections 8322, notice of a public hearing for a proposed vacation must be published at least two successive weeks prior to the hearing. The notice for this public hearing was published in The Record on April 1, 2024 and April 8, 2024.
Also pursuant to California Streets and Highways Code Section 8323, not less than three notices of the proposed vacation were duly posted in a manner and form required by law in conspicuous places along said portions of East Sonora Street, East Church Street, and East Scotts Avenue, not more than 300 feet apart and at least 14 days prior to the hearing date.
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this project is Categorically Exempt under California Environmental Quality Act Guidelines Section 15061(B)(3). The activity is granted a general rule exemption since there is no possibility that the activity in question would have significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s). 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, SJRRC, has paid the necessary fees to process the proposed vacations. There is no fiscal impact to the City.
Attachment A - Vicinity Map
Attachment B - Aerial Map