Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY AT BELLEVIEW AVENUE BETWEEN EAST 11TH STREET AND ARRIBA ROAD The proposed abandonment is located at Belleview Avenue between East 11th Street and Arriba Road; and Aspire Schools/Housing Authority of the County of San Joaquin, the property owner, is requesting the vacation of a portion of right-of-way; and The City may perform a summary vacation under Division 9, Part 3, Chapter 4, section 8334(a) of the California Streets and Highway Code, and a public hearing is not required, where this excess right-of-way of a street or highway is not required for street or highway purposes; and All City Departments and local utilities were notified and there were no objections to the proposed vacation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. This action is taken pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code.
2. That all City Departments and local utilities were notified and there were no objections to the proposed vacation.
3. It is hereby found and determined that the subject property meets the criteria set forth in the Streets and Highways Code section 8334, provided below in relevant parts:
“The legislative body of a local agency may summarily vacate any of the following: (a) An excess right-of-way of a street or highway not required for street or highway purposes.”
4. The City Council hereby authorizes that the public right-of-way located at Belleview Avenue between East 11th Street and Arriba Road, more particularly described in Exhibits 1 & 2, attached hereto, and incorporated by this reference, is hereby declared to be vacated by this order and no longer constitutes a street or highway as of the date this resolution is recorded.
5. That the City Manager is authorized to approve the filing of Notice of Exemption No. 23-24 under CEQA, a copy of which is attached as Exhibit 3 and incorporated by this reference.
6. In accordance with section 65402 of the Government Code, this project/activity has been determined to conform to the City’s General Plan Policy Document, as amended.
7. Aspire Schools/Housing Authority of the County of San Joaquin has paid the necessary fees to process this vacation.
8. That the City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, AND ADOPTED July 11, 2023 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton