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HomeMy WebLinkAboutItem 06 - Aquisition of Caltrans property adjacent to Los Osos Valley Road Department Name: Public Works Cost Center: N/A For Agenda of: August 18, 2020 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Shelsie Kloepper, Engineer III SUBJECT: APPROVE THE ACQUISITION OF PROPERTY ADJACENT TO LOS OSOS VALLEY ROAD FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO THE CITY OF SAN LUIS OBISPO RECOMMENDATION As recommended by the Planning Commission, adopt a Resolution (Attachment A) to approve the acquisition of property adjacent to Los Osos Valley Road from the California Department of Transportation (Caltrans) to the City of San Luis Obispo (City) based on the determination of General Plan conformance with an exemption from environmental review. DISCUSSION Background The LOVR interchange project was a joint project between the City and Caltrans. Caltrans retained ownership of the right-of-way within the on and off ramps to Highway 101. There is one portion of Caltrans right-of-way that no longer is a part of the interchange infrastructure and is better suited for the City to own and maintain due to its location adjacent to City right -of-way and intersection with a local access road (Attachment B). In 2004, the City requested relinquishment of this section of Caltrans right -of-way (Attachment C), but the relinquishment was never completed. The request was due to the relocation of the southbound on-ramp outside of the property in question. Additionally, since the original request, Calle Joaquin Road was realigned and placed across the existing Caltrans right-of-way. Since local roads are not allowed to cross freeway right-of-way, it is crucial for the City to acquire this property in order to keep access to the west end of Calle Joaquin Road. The property in question was surveyed by Caltrans in 2019 (Attachment D) and will provide the City right-of-way for Calle Joaquin and all associated turn lanes. The right-of-way will transition from City to Caltrans at approximately the half-way point in the south bound on-ramp turn lane. This relinquishment will create a new Caltrans right-of-way limit that is consistent with the opposite side of the Los Osos Valley Road. Item 6 Packet Page 79 Project Information The property in question is Caltrans right-of-way that was not needed for the Los Osos Valley Road and Highway 101 Interchange project completed in 2014. The proposed acquisition consists of approximately 24,120 square feet of land. The property currently contains City maintained landscaping, creek corridor, frontage improvements including curb, gutter, and sidewalk, as well as a portion of Calle Joaquin Road and associate turn lanes. The property has no apparent indications of hazardous waste as identified in the hazardous waste summary done by Caltrans dated March 11, 2020, included in Attachment A. The City is proposing to acquire this property from Caltrans in its current conditions for existing infrastructure in City right-of- way. The property in question is located within the City limits and will remain within the City limit line. No additional changes to the infrastructure are proposed with this acquisition. Public Engagement The public was provided an opportunity to comment when this item was reviewed by the Planning Commission. No comments were received. Previous Council or Advisory Body Action On June 24, 2020, the Planning Commission made a General Plan Conformity finding regarding the acquisition of the property to be used as City right-of-way. The Planning Commission Resolution is included as Attachment E. Policy Context Staff finds the acquisition of the right-of-way by the City to be in conformance with the General Plan. The proposed right-of-way will fulfill the City’s Land Use and Circulation Element policies for enhancing neighborhood connections, cohesiveness, and improve traffic circulations by connecting Calle Joaquin Road with the intersection of Los Osos Valley Road. Item 6 Packet Page 80 COVID-19 Considerations Due to the ongoing economic impacts of COVID-19, the City reevaluated all Capital Improvement Plan projects with the goal of adjusting Capital Expenditures in response to projected revenue shortfalls, and aligning the adjusted CIP program with a focus on economic recovery and fiscal responsibility. Because the recommended action does not constitute project and does not obligated City funds, it is recommended to continue. CONCURRENCE Concurrence was provided from the Community Development Department Planning Division as well as the Public Works Transportation Division. ENVIRONMENTAL REVIEW Section 15061(b)(3) states a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where 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. The determination of General Plan conformity for the acquisition of land for City right-of-way is not subject to CEQA because the project will not have a significant effect on the environment since it is a policy review of whether land acquisition is consistent with the General Plan. Any future development related to the proposed right-of-way will be subject to environmental review as required under CEQA. FISCAL IMPACT Budgeted: No Budget Year: N/A Funding Identified: No Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund N/A N/A N/A State Federal Fees Other: Total No funding is required for the acquisition of this property from Caltrans. Item 6 Packet Page 81 ALTERNATIVES 1. Continue the item. An action to continue the item should include a detailed list of additional information or analysis required to make a decision concerning the property acquisition. 2. Deny approval of the property acquisition. Council may choose to deny approval of the property acquisition from Caltrans. This alternative is not recommended as this property is essential to maintaining access to the west end of Calle Joaquin Road. Attachments: a - Draft Resolution a - Exhibit A to Resolution - Letter of Acceptance b - COUNCIL READING FILE - Property Location Exhibit c - Request Letter from City of San Luis Obispo dated 06/10/2004 d - Property Acquisition Survey e - Planning Commission Resolution No. PC-1012-20 Item 6 Packet Page 82 R _______ RESOLUTION NO. ________ (2020 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, TO APPROVE THE ACQUISITION OF PROPERTY ADJACENT TO LOS OSOS VALLEY ROAD FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) TO THE CITY OF SAN LUIS OBISPO (CITY) BASED ON THE DETERMINATION OF GENERAL PLAN CONFORMANCE WITH AN EXEMPTION FROM ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED AUGUST 18, 2020 (GENP-0251-2020) WHEREAS, The City has received a request from the California Department of Transportation for the City to acquire the property adjacent to Los Osos Valley Road; and WHEREAS, the City of San Luis Obispo Planning Commission conducted a public hearing on June 24, 2020, to consider whether the property conforms to applicable goals and policies of the City’s General Plan, and found that the proposed acquisition is consistent with the City’s General Plan. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. The above recitals are true and correct and incorporated herein by this reference. SECTION 2. Environmental Review. Section 15061(b)(3) states a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environmental. Where 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. The determination of general plan conformity for the acquisition of land for right-of-way by the City of San Luis Obispo is not subject to CEQA because the project will not have a significant effect on the environment since it is a policy review of whether acquiring land is consistent with the General Plan. Any future development related to the proposed right-of-way will be subject to environmental review as required under CEQA. Item 6 Packet Page 83 Resolution No. ______ (2020 Series) Page 2 R _______ SECTION 3. The City Council hereby approves the acquisition and authorizes the Mayor to sign the acceptance letter attached hereto as Exhibit “A”. Upon motion of Council Member _________________, seconded by Council Member ________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________ 2020. ____________________________________ Mayor Heidi Harmon ATTEST: Teresa Purrington City Clerk APPROVED: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ___________________. ____________________________________ Teresa Purrington City Clerk Item 6 Packet Page 84 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” STATE OF CALIFORNIA 05-SLO-101-PM 25.9 DEPARTMENT OF TRANSPORTATION Relinquishment No. 11578 50 HIGUERA STREET SAN LUIS OBISPO, CA 93401-5415 PHONE (805) 549-3111 www.dot.ca.gov ATTN: Paul Valadao The City of San Luis Obispo has reviewed your offer to accept that portion of State Right of Way to be relinquished as per letter dated March 11, 2020 and the maps. - Yes, we are willing to accept the Relinquishment in its current environmental condition and setting, including, but not limited to, the presence of hazardous materials as described in the described in the attached “Hazardous Waste Summary” dated May 21, 2019. The City of San Luis Obispo has received and reviewed a copy of the above-referenced “Hazardous Waste Summary” dated March 11, 2020. Upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office, CALTRANS will not be responsible for any present or future remediation of said hazardous materials. Please proceed with preparing the final submittal. - No, we are not interested in accepting the Relinquishment. - Yes, we agree to waive the ninety (90) days’ notice of “Intention to Relinquish” requirement contained in Section 73 of the Streets and Highways Code. - No, we do not agree to waive the ninety (90) days’ notice of “Intention to Relinquish” requirement contained in Section 73 of the Streets and Highway Code. As the _____________________________ for the City of San Luis Obispo and having the authority to act on behalf of the City Council, I attest to the above checked items. BY: _______________________________ TITLE: _______________________________ DATE: _______________________________ Exhibit A Item 6 Packet Page 85 Item 6Packet Page 86 Item 6Packet Page 87 Item 6 Packet Page 88 STATE OF CALIFORNIA CALIFORNIA STATE TRANSPORTATION AGENCY DISTRICT COUNTY ROUTE SHEET NO.TOTAL SHEETS 05 SLO 101 1 1 NOTES LEGEND DATEREVISIONSBYR/W PROJECT SURVEYOR: - - - - - - - - - - RIGHT OF WAY SHEET PM 25.9 (R) RELINQUISHMENT MAP of digital images of this map. shall not be responsible for the accuracy or completeness NOTE: The State of California or its officers or agents Access Superseded Access Prohibited monument set) point. (Does not imply Indicates calculated as noted Indicates Found Monument Indicates Radial Bearing Access Opening (Private) Existing R/W Superseded Portion to be relinquished Access Relinquished PROJECT ID: DEPARTMENT OF TRANSPORTATION CALIFORNIA STATE TRANSPORTATION AGENCY STATE OF CALIFORNIA DEL NORTE SISKIYOU MODOC HUMBOLDT TRINITY SHASTA LASSEN TEHAMA MENDOCINO GLENN BUTTE PLUMAS SIERRA NEVADA PLACERYUBACOLUSA LAKE YOLO NAPASONOMA EL DORADO MARIN AMADOR ALPINECALAVERASCONTRA COSTA TUOLUMNE MONO SANTA CLARA SANTA CRUZ STANISLAUS MARIPOSA MERCED MADERA FRESNO MONTEREY INYO TULARE KINGS OBISPO KERN SANTA BARBARA VENTURA LOS ANGELES SAN BERNARDINO RIVERSIDE IMPERIALSAN DIEGO ORANGE SOLANO ALAMEDA MENTOSACRA-JOAQU INSAN SAN BENITO SAN LUISSUTTERSAN FRANCISCO SAN MATEO LOCATION MAP FEET 0 25 50 100 150 PROFESSIONAL LAND SURVEYOR LS7674 Joseph L Bloom resolution. California Transportation Commission until recordation of related The State's rights are not extinguished State Highway Map Book 2 page 316 filed in San luis Obispo County according to the map 5-23A and 5-25; N 26^12'30" E, betweeen center line monuments center line bearing of US Route101 The basis of bearings for this map is the CITY OF SAN LUIS OBISPO Dec.31, 2020 L OS OSOSVALLEYROADCALLEJOAQUIN C ALL E JOAQUIN AUTOPARKWAYLOSOSOSROAD VALLEYTO LOS OSOSBridge No. 49-0185L Los Osos Valley Road Overcrossing CITY LIMIT CITY LIMITCreek Obispo Luis San Prefumo Creek REQUEST NO. 11787 RELINQUISHMENT TO DESIGN: EA(s): FA#:0H7300 05 0000 0082 CITY OF SAN LUIS OBISPO OF US ROUTE 101 IN THE RELINQUISHMENT OF A PORTION N26^12'30"E (R) Stamped "5-23A" Brass Disk in Concrete Station 663+79.22 Centerline Monument Stamped "5-25" Brass Disk in Concrete Station 683+99.90 Centerline Monument SEGMENT ONECITY LIMITCI TY LI MI T101 US 670 675 680 685 CITY OF SAN LUIS OBISPO TO SAN LUIS OBISPO TO SANTA MARIA 101US SEGMENT ONE DETAIL SEE DETAIL FEET 0 25 50 100 150 U.S. ROUTE 101 CENTER LINE 672+00 673+00 674+00 675+00 676+00 677+00 2020.68' (R) 671+38 488.26' Lt. SEGMENT ONE 671+38488.26'L OS OS OS VALLEY R OAD State Highway Map Book 2 page 316 R = San Luis Obispo County N0^57'52"E 177.34' '72.861 =L '006 =R "80'40^61 = N15^06'16"W 161.61' 563.90' Lt. 655.92' Lt. 672+98.41 674+38.62 762.60' Lt. 675+60 S23^41'30"E 50.00' 336.81' Lt. 673+32.95 1228 OR 707 Record e d 3 /6 /1963 P a r. 3 Re linqu ish me n t 1050 S 23^41'30"E 421.96' 10 0.59'N66^18'30"E 673+65.16 375.05' Lt. 672+14.88 672+61.44 462.39' Lt. 424.55' Lt. 673+48.36 533' Lt. N66^18'30"E 10 0.59' S 23^41'30"E 421.96' 50' 35'N65^51'22"E 99.84' N12^53'00"W 60' N12^53'00"W 112' 10/19/19 October 19, 2019 Nove mber 1967 14 5 7 OR 27 3 Cou nty to State Parcel 17 5 2 P.O.B.N63^47'30"WItem 6 Packet Page 89 Item 6 Packet Page 90 Item 6 Packet Page 91 BLANK PAGE This page is intended to be blank so that you can print double-sided. Item 6 Packet Page 92