MEMORANDUM
S
eptember 12, 2024
TO
: Nancy Arroyo, Real Property Agent
Economic Development Department
F
ROM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SU
BJECT: CEQA NOE 43-24 – ABANDONMENT – RIGHT OF WAY – D STREET T
he 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). The City of Stockton’s Economic Development Department received a request from Liberty Investment LLC for a “D Street – Paper Street Abandonment” for the abandonment of a portion of D Street. See Attachments A and B for more information.
I
n accordance 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.
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 exceptions 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 C) 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
M
EMORANDUM
S
eptember 11, 2024
TO
: Nicole Moore, Contract Planner
Community Development Department
F
ROM: Nancy Arroyo, Real Property Agent
Economic Development Department
SU
BJECT: ABANDONMENT - RIGHT OF WAY
P
lease provide the appropriate environmental review for the above- referenced project as described below:
P
roject Title: D Street - Paper Street Abandonment
A
pplicant: Liberty Investment LLC
D
escription/Location: Portion of D Street, as described in Exhibit A and shown in Exhibit B
A
lso, 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 contact me at (209) 937-7540.
NA
NCY ARROYO
REAL PROPERTY AGENT
A
ttachment
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 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: ABANDONMENT – RIGHT OF WAY – D STREET
CEQA Exemption File No.: NOE 43-24
Applicant: Liberty Investment LLC
Project Description/Location: The City of Stockton’s Economic Development Department received a request from Liberty Investment LLC for a “D Street – Paper Street Abandonment” for the abandonment of a portion of D Street. See Exhibits A and B for more information.
DETERMINATION/FINDING OF EXEMPTION
The 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):
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 significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
CARRIE WRIGHT, DIRECTOR September 12, 2024
ECONOMIC DEVELOPENT DEPARTMENT (DATE OF PREPARATION)
By
Nancy Arroyo, Real Property 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