Vacation of Road 46 between Avenue 38 and Avenue 42 and Avenue 38 between Road 44 and Road 48, near the unincorporated community of Alpaugh.
Summary
SCH Number
2023090615
Public Agency
Tulare County
Document Title
Vacation of Road 46 between Avenue 38 and Avenue 42 and Avenue 38 between Road 44 and Road 48, near the unincorporated community of Alpaugh.
Document Type
NOE - Notice of Exemption
Received
Posted
9/27/2023
Document Description
This activity will vacate the public road right-of-way interest in Road 46 between Avenue 38 and Avenue 42, and in Avenue 38 between Road 44 and Road 48. The County holds an easement over these segments of unmaintained road right-of-way. Once the Board of Supervisors Resolution approving the vacations is recorded, the easement rights will revert to the underlying fee owners.
The activity was initiated by a petition in conjunction with the Angela Solar Project (Project), related to Tulare County Special Use Permit No. PSP 19-083. The Project owners, who initiated these proceedings, would benefit from the vacations as they are proposing solar installations on both the east and west sides of Road 46. The existence of the right of way would bisect the project, requiring the area to remain open, thus adding expense and inefficiency to the construction and operation of the facility. After the vacations, the underlying owners will have control of the vacated areas as if it were any other part of their property, subject to reserved existing utility rights.
Contact Information
Name
Hector Guerra
Agency Name
Tulare County Resource Management Agency
Job Title
Chief Environmental Planner
Contact Types
Lead/Public Agency
Phone
Name
Jeffrey McLaughlin
Agency Name
County of Tulare c/o Tulare County Fire Department
Job Title
Deputy Fire Chief
Contact Types
Project Applicant
Phone
Location
Cities
near unincorporated community of Alpaugh
Counties
Tulare
Regions
Unincorporated
Cross Streets
Road 46, Avenue 38, Avenue 42, Road 44, Road 48
Township
24S
Range
23E
Section
3, 10
Base
MDB&M
Other Location Info
Road 46 between Avenue 38 and Avenue 42 and Avenue 38 between Road 44 and Road 48, near the unincorporated community of Alpaugh
Notice of Exemption
Exempt Status
Other
Type, Section or Code
Common Sense: CEQA guidelines (14 Cal. Code Regs. Section 15061 (b)(3)) (No Possibility of Significant Impact)
Reasons for Exemption
The activity is covered by Section 15061 (b)(3), the Common Sense exemption on the grounds that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This exemption is appropriate because the activity are rights of way being vacated by the County in favor of another adjacent owner. Since the activity itself is only a change in title, this activity will not create significant traffic, or vehicle miles traveled, nor will it create any significant effects regarding cumulative impacts, hazardous materials, cultural or biological resources, and no more so, than a County road would have caused, if it had been placed in this location. Therefore, the County as lead agency can say with certainty there is sufficient evidence, logically and by the mere nature of the activity, to conclude that there will not be a significant effect on the environment as defined under State CEQA Guidelines§ 15064(b)(l}.
County Clerk
Tulare
Attachments
Notice of Exemption
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