MEMORANDUM
July 21, 2022
TO: Amanda Thomas, Real Property Agent
Economic Development Department
FROM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SUBJECT: CEQA NOE 25-22 – E STREET RIGHT-OF-WAY ABANDONMENT
The Community Development Department received a request to review the above- referenced project for conformity with the Stockton General Plan and make an environmental determination pursuant to the California Environmental Quality Act (CEQA). Arellano Properties, Inc. is proposing to abandon the right-of-way on E Street at Hackberry Street . See attachment A for specific location.
In accordanc e with Government Code §65402, the Commu nity Development D epartment determines the project is in conformance with the Stockton General Plan. This determination is based on, but not limited to, conformance with General Plan Policy, LU -6.3 (Land Use) stating, “Ensure that all neighborhoods have access to well-maintained public facilities and utilities that meet community service needs.”
Concerning the California Environmental Quality Act (CEQA) determination, the Community Development Department concludes the project is Categorically Exempt under 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 no subject to CEQA. The project is also not subject to any of the exc eptions to the use of a Categorical Exemption listed at CEQA Guidelines §15300.2.
Upon approval by City Council, the Economic Development Department is advised to complete the attached Notice of Exemption (Attachment B) and file it with the San Joaquin County Clerk Office to initiate a 35-day statute of limitations on court challenges. Please retain a copy of the original posted notice within the project file in the Economic Development Department project file.
By:
Nicole D. Moore, LEED-AP, Contract Planner
Attachments
Attachment A: Request and Project Location
Attachment B: Draft Notice of Exemption
EXHIBIT 3
MEMORANDUM
July 20, 2022
TO: Nicole Moore, Contract Planner
Community Development Department
FROM: Amanda Thomas, Real Property Agent
Economic Development Department
SUBJECT: ABANDONMENT – RIGHT OF WAY
Please provide the appropriate environmenta l review for the above-referenced project as described below:
Project Title:
E Street Abandonment
Applicant: Arellano Properties,
Inc.
Description/Location: E Str eet at Hackberry Street
Also, please make the required determination as to c
onformity to the General Plan in
accordance with Section 65402 of the Government Code. If you have questions regarding this request, please direct them to me at extension 7569.
AMANDA THOMAS
REAL PROPERTY AGENT
Attachment
EXHIBIT 3
Wong Engineers, Inc.
4578 Feather River Drive. Suite A Zachary C. Wong P.E., P.L.S.
Stockton, California 95219
Phone (209) 476-0011
JANUARY 18, 2022
EXHIBIT “A”
LEGAL DESCRIPTION FOR ABANDONMENT OF
A PORTION OF “E” STREET
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 43 , EL RANCHO DEL
CAMPO DE LOS FRANCESES, CITY OF STOCKTON, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 8 OF TRACT NO. 40 OF “EL RICARDO TERRACE RESUBDIVISION”, FILED FOR RECORD FEBRUARY 17, 1940 IN BOOK 11 OF MAPS AND PLATS, PAGE 46, SAN JOAQUIN COUNTY RECORDS, AND BEING ALSO A POINT ON THE NORTH LINE OF HACKBERRY STREET (50 FEET WIDE); THENCE ALONG THE NORTH LINE OF SAID HACKBERRY STREET, NORTH 72°27'30" EAST, 50.00 FEET TO THE SOUTHWEST CORNER OF LOT 9 OF SAID “EL RICARDO TERRACE RESUBDIVISION”; THENCE ALONG THE WEST LINE OF SAID LOT 9, AND BEING ALSO THE EAST LINE OF “E” STREET (50 FEET WIDE), NORTH 18°13'00" WEST, 120.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 9, AND BEING ALSO A POINT ON THE SOUTH LINE OF STOCKTON TERMINAL AND EASTERN RAILROAD; THENCE ALONG SAID SOUTH LINE OF SAID STOCKTON TERMINAL AND EASTERN RAILROAD, SOUTH 72°27'30" WEST,
50.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 8, AND THE WEST LINE OF SAID “E” STREET; THENCE ALONG THE EAST LINE OF SAID LOT 8 AND BEING ALSO THE WEST LINE OF SAID “E” STREET, SOUTH 18°13'00" EAST, 120.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
CONTAINING 6,000 SQUARE FEET, MORE OR LESS.
A PUBLIC UTILITY EASEMENT SHALL BE RETAINED FOR THE PROPERTY DESCRIBED ABOVE.
DRAFT
EXHIBIT 3
END OF DESCRIPTION
ATTACHED HERETO IS A PLAT ENTITLED EXHIBIT “B” WHICH BY THIS REFERENCE IS MADE A PART HEREOF.
PREPARED BY:
________________________
ZACHARY C. WONG, L.S. 7600
DRAFT
EXHIBIT 3
EXHIBIT 3
Wong Engineers, Inc.
4578 Feather River Drive. Suite A Zachary C. Wong P.E., P.L.S.
Stockton, California 95219
Phone (209) 476-0011
Job No. 4157
Arrelano
Date: 1-18-22
================================================================== Parcel Summary
Map Check Data
==================================================================
Parcel name: 50-foot Abandonment
North: 888483.5665' East: -1956318.7535'
Segment #1 : Line
Course: S72°27'30"W Length: 50.00'
North: 888468.4966' East: -1956366.4284'
Segment #2 : Line
Course: N18°13'00"W Length: 120.00'
North: 888582.4823' East: -1956403.9418'
Segment #3 : Line
Course: N72°27'30"E Length: 50.00'
North: 888597.5523' East: -1956356.2669'
Segment #4 : Line
Course: S18°13'00"E Length: 120.00'
North: 888483.5665' East: -1956318.7535'
Perimeter: 340.00' Area: 6000 Sq. Ft.
Error Closure: 0.0000 Course: N0°00'00"E
Error North: 0.00000 East: 0.00000
Precision 1: 340000000.00
EXHIBIT 3
CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaqui n St., Ste. 260 c/o Economic Development Dept.
Stockton, CA 95202 4 00 E. Main St., 4th Floor Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJECT DATA
Project Title: E Street Right-of-Way Abandonment
CEQA Exemption File No.: NOE 25-22
Applicant: City of Stockton
Project Description/Location: Arellano Properties, Inc., is proposing to abandon right-of-way on E Street at Hackberry Street.
See attachment A for specific location.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project i s exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
X The activity is exempt under the "general rule" at CEQA Guidelines Section 15061(B)(3).
The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a signific ant effect on the environment and, therefo re, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
CARRIE WRIGHT, DIRECTOR July 21, 2022
PUBLIC WORKS DEPARTMENT ( DATE OF PREPARATION)
By
AMANDA THOMAS, REAL PROPERT AGENT (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 3