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RESOLUTION TO ADOPT THE SUMMARY VACATION OF A PORTION OF THE PUBLIC UTILITY EASEMENTS AT CANNERY PARK UNIT NO. 1 & UNIT NO. 12
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving the summary vacation of a portion of the public utility easements at Cannery Park Unit No. 1 & Unit No. 12.
2. Authorizing the filing of a Notice of Exemption No. NOE 57-23 Under the California Environmental Quality Act for the vacation of a public utility easement at Cannery Park Unit No. 1 & Unit No. 12; 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 abandonment of a portion of the public utility easement located at Cannery Park Unit No. 1 and Unit No. 12 at Eight Mile Road and Holman Road to allow for new residential units.
DISCUSSION
Background
Holman Investors, LLC (applicant) owns the real property at Cannery Park Unit No. 1 and Unit No. 12 located on Eight Mile Road, which contains 207 acres on the west side of Highway 99 south of Eight Mile Road in Stockton. The applicant also owns the adjacent parcels (Attachment A - Vicinity Map and Attachment B - Aerial Map).
Present Situation
Holman Investors, LLC has owned the property since 2002. The Project includes construction of the Cannery Drive and Signature Drive public industrial roadways to provide public access from Eight Mile Road and Holman Road to Cannery Park Large Lots 1, 2, and 3 as shown on the Cannery Park Unit No.1 Final Map (MP40-51) (Attachment C - Unit No. 1 Map). The Project also includes construction of storm drain, sanitary sewer, potable water, and dry utilities to serve development within Large Lots 1, 2, and 3.
As part of the development process, the applicant is seeking the vacation of a portion of the public utility easements currently in place so that updated public utility easements can be dedicated to the City at a later date based on the new Cannery Drive and Signature drive alignments. The proposed areas to be vacated consist of approximately 8.90 acres.
The Public Works, Community Development, Municipal Utilities, Police and Fire 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 proposed vacation area is not needed, and there are no public facilities within the easement to be vacated.
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this project is Categorically Exempt under California Environmental Quality Act (CEQA) guidelines and is granted a “general rule exemption” under Section: 15061 (B)(3) since there is no possibility that the activity in question would have significant effect on the environment and the activity is not subject to CEQA. The project is also not subject to any of the exceptions to the use of a Categorical Exemption listed at CEQA Guidelines Section 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 these abandonments. There is no financial impact to the City.
Attachment A - Vicinity Map
Attachment B - Aerial Map
Attachment C - Unit No. 1 Map