MEMORANDUM
May 17,
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 24-23 – RIGHT OF WAY ABANDONMENT
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, Aspire Schools / Housing Authority of the County of San Joaquin, is proposing to abandon right -of-way between East 11th Street and Arriba Road. 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.”
Conc
erning 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 12, 2023
TO: Nicole Moore, Contract Planner
Community Developm
ent 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:
Applicant:
Description/Location:
Belleview Avenue Abandonment
ScAspire hools/Hous Authoring ity of the County of San
Joaquin
Belleview Avenue Abandonment between E 11 th Street
and Arriba Road
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 “A”
LEGAL DESCRIPTION
ROAD ABANDONMENT
REAL PROPERTY IN THE CITY OF STOCKTON, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF TRACT NO. 127, SEVEN OAKS UNIT NO. 2 FILED IN VOLUME 11 OF MAPS & PLATS, AT PAGE 158, SAN JOAQUIN COUNTY RECORDS.
COMMENCING AT THE CENTERLINE INTERSECTION OF BELLEVIEW STREET AND EAST 11TH STREET; THENCE NORTH 15°21’01” WEST, A DISTANCE OF 14.50 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 74°39’00” EAST, A DISTANCE OF 31.50 FEET TO THE POINT OF CUSP WITH A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 17.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00’00” A DISTANCE OF 26.70 FEET; THENCE NORTH 15°21’00” WEST, A DISTANCE OF 317.81 FEET; THENCE SOUTH 45°31’02” WEST, A DISTANCE OF
33.27 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 12.00 FEET, AND TO WHICH POINT A RADIAL LINE BEARS NORTH 24°56’34” EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49°42’26” A DISTANCE OF 10.41 FEET; THENCE NORTH 74°38’60” EAST, A DISTANCE OF 7.00 FEET; THENCE SOUTH 15°21’00” EAST, A DISTANCE OF 292.46 FEET TO THE POINT OF CUSP WITH A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 17.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00’00” A DISTANCE OF 26.70 FEET; THENCE NORTH 74°39’00” EAST, A DISTANCE OF 31.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 9,675 SQ. FEET, MORE OR LESS.
SUBJECT TO ALL RIGHTS-OF-WAY AND EASEMENTS OF RECORD.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS’ ACT.
_________________________________
KEVIN J. GENASCI, P.L.S. 8660
APRIL 7, 2023
PRELIMINARY
EXHIBIT 3
PRELIMINARY
EXHIBIT 3
Name: ROAD ABANDONMENT
North: 2161173.0672' East: 6341159.0676'
Segment #1 : Line
Course: N74° 39' 00"E Length: 31.50'
North: 2161181.4057' East: 6341189.4439'
Segment #2 : Curve
Length: 26.70' Radius: 17.00'
Delta: 090°00'00" Tangent: 17.00'
Chord: 24.04' Course: N60° 21' 00"W
Course In: N15° 21' 00"W Course Out: S74° 39' 00"W
RP North: 2161197.7993' East: 6341184.9438'
End North: 2161193.2983' East: 6341168.5516'
Segment #3 : Line
Course: N15° 21' 00"W Length: 317.81'
North: 2161499.7710' East: 6341084.4226'
Segment #4 : Line
Course: S45° 31' 02"W Length: 33.27'
EXHIBIT 3
North: 2161476.4589' East: 6341060.6858'
Segment #5 : Line
Course: S74° 39' 07"W Length: 11.18'
North: 2161473.4997' East: 6341049.9045'
Segment #6 : Curve
Length: 10.41' Radius: 12.00'
Delta: 049°42'26" Tangent: 5.56'
Chord: 10.09' Course: S40° 12' 13"E
Course In: S24° 56' 34"W Course Out: N74° 39' 00"E
RP North: 2161462.6190' East: 6341044.8440'
End North: 2161465.7934' East: 6341056.4177'
Segment #7 : Line
Course: N74° 39' 00"E Length: 7.00'
North: 2161467.6464' East: 6341063.1680'
Segment #8 : Line
Course: S15° 21' 00"E Length: 292.46'
North: 2161185.6194' East: 6341140.5864'
EXHIBIT 3
Segment #9 : Curve
Length: 26.70' Radius: 17.00'
Delta: 090°00'00" Tangent: 17.00'
Chord: 24.04' Course: S29° 39' 00"W
Course In: S74° 39' 00"W Course Out: S15° 21' 00"E
RP North: 2161181.1193' East: 6341124.1929'
End North: 2161164.7272' East: 6341128.6938'
Segment #10 : Line
Course: N74° 39' 00"E Length: 31.50'
North: 2161173.0657' East: 6341159.0701'
Perimeter: 788.54' Area: 9675.07 Sq. Ft.
Error Closure: 0.0029 Course: S58° 31' 36"E Error North: -0.00153 East: 0.00250
Precision 1: 269962.07
EXHIBIT 3
CIT Y OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNT
Y 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
NOTI
CE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJ
ECT DATA
Proj
ect Title: RIGHT OF WAY ABANDONMENT
CEQA Exemption File No.: NOE 24-23
Applicant: Aspire Schools / Housing Authority of the County of San Joaquin Project Description/Location: The Applicant, Aspire Schools / Housing Authority of the County of San Joaquin, is proposing to abandon right-of-way between East 11th Street and Arriba Road.
DETE
RMINATION/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 act
ivity 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 proj ect is "Statutorily Exempt" per CEQA Guidelines Section: __________ The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
BASIS F
OR FINDING OF EXEMPTION
The act ivity 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).
CARRI
E WRIGHT, DIRECTOR May 17, 2023
ECONOMIC DEVELOPENT DEPARTMENT (DATE OF PREPARATION)
By
AMANDA THOMAS, REAL PROPERTY AGENT (DATE OF FIN AL APPROVAL) _____________________________________________________________________________________________ AFFI
DAVIT OF FILING AND POSTING
I decl
are 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