MEMORANDUM
June 5,
2024
TO:
Jordan Peterson, Deputy Director of Redevelopment
Economic Development Department
FR
OM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SUBJECT: CEQ
A NOE 26-24 – RIGHT OF WAY ABANDONMENT
The Com
munity 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). The City of Stockton’s Economic Development Department received a request from the San Joaquin County Rail Commission, to abandon right of way for the Stockton Diamond Grade Separation. Aba ndonment will occur at Worth, Jefferson, Anderson, Jackson, and Clay Streets between Union Street and the UPRR, as well as Union Street between BNSF (Taylor Street) and MLK Jr. Boulevard. See Attachment A for more information.
In ac
cordance with Government Code §65402, the Community Development Department determines the proposed property sale is neutral in regard to conformity with the Stockton General Plan. Future development of the subject parcels shall be under the jurisdiction of the City of Stockton.
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 exceptions to the use of a Categorical Exemption listed at CEQA Guidelines §15300.2.
Upon appr
oval 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
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CI TY OF STOCKTON
NOTICE OF EXEMPTION
T
O: COUNTY CLERK FROM: Lead Agency
CO UNTY 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
NO
TICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PR
OJECT DATA
P
roject Title: Right of Way Abandonment
CEQA Exemption File No.: NOE 26-24
Applicant: San Joaquin County Rail Commission
Project Description/Location: The City of Stockton’s Economic Development Department received a request from the San Joaquin County Rail Commission, to abandon right of way for the Stockton Diamond Grade Separation. Abandonment will occur at Worth, Jefferson, Anderson, Jackson, and Clay Streets between Union Street and the UPRR, as well as Uni on Street between BNSF (Taylor Street) and MLK Jr. Boulevard. See Attachment A for more information.
D
ETERMINATION/FINDING OF EXEMPTION
T
he above- described activity/project is 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):
T
he activity is not a "project" as defined in CEQA Guidelines Section 15378.
X T he activity is exempt under the "general rule" at CEQA Guidelines Section 15061(B)(3).
T he project is "Statutorily Exempt" per CEQA Guidelines Section: __________ T he project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
B
ASIS FOR FINDING OF EXEMPTION
T he 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 significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
CA
RRIE WRIGHT, DIRECTOR June 5, 2024
ECONOMIC DEVELOPENT DEPARTMENT (DATE OF PREPARATION)
By
Jordan Peterson, Deputy Director of Redevelopment (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________ A
FFIDAVIT 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
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