MEMORANDUM
M
arch 29, 2023
TO
: Amanda Thomas, Real Property Agent
Economic Development Department
F
ROM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SU
BJECT: CEQA NOE 9-23 – RIGHT OF WAY ABANDONMENT AT 1704 W FREMONT The C
ommunity 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 Enviro nmental Quality Act (CEQA). The Applicant, LDF Enterprises, LLC, is proposing to abandon right-of-way at 1704 W Frem ont Street. See attachment A for specific location.
In ac
cordance with Government Code §65402, the Comm unity 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.”
C
oncerning 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.
U
pon 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.
B
y:
Nicole D. Moore, LEED-AP, Contract Planner
Attachments
Attachment A: Request and Project Location
Attachment B: Draft Notice of Exemption
EXHIBIT 3
MEMORANDUM
March 28, 2023
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: 1704 W Fremont ROW abandonment
Applicant: LDF Enterprises, LLC
Description/Location: 1704 W Fremont
Also, please make the required determination as to conformity 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
EXHIBIT 3
EXHIBIT 3
CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY
CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Economic Development Dept.
Stockton, CA 95202 400 E. Main St., 4th Floor
Stockton, CA 95202
NOTIC
E OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJE
CT DATA
Projec
t Title: RIGHT OF WAY ABANDONMENT AT 1704 W FREMONT
CEQA Exemption File No.: NOE 9-23
Applicant: LDF Enterprises, LLC
Project Description/Location: The Applicant, LDF Enterprises, LLC, is proposing to abandon right-of-way at 1704 W Fremont Street. See attachment A for specific location.
DETERM
INATION/FINDING OF EXEMPTION
The above-
described activity/project i s exempt from the envir onmental 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 acti
vity is not a "project" as defined in CEQA Guidelines Section 15378.
X The activity is exempt un der the "general rule" at CEQA Guidelines Section 15061(B)(3).
The projec t is "Statutorily Exempt" per CEQA Guidelines Section: __________ The project is " Categorically Exempt" per CEQA Guidelines Section 15301(c).
BASIS FO
R FINDING OF EXEMPTION
The acti vity 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 March 29, 2023
ECONOMIC DEVELOPENT DEPARTMENT (DATE OF PREPARATION)
By
AMANDA THOMAS, REAL PROPERTY AGENT (DATE OF FIN AL APPROVAL) _____________________________________________________________________________________________ AFFID
AVIT OF FILING AND POSTING
I declar
e 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