The URL can be used to link to this page

Home My WebLink AboutR-10051 Abandon a Portion of Froom Ranch Way® __. RESOLUTION NO. 10051 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO OF INTENTION TO ABANDON A PORTION OF FROOM RANCH WAY (ABAN 201 -07) WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on March 26, 2008 for the purpose of making a General Plan determination and formulating a recommendation to the City Council on a request for abandonment of a portion of Froom Ranch Way adjacent to the retail stores of Costco and Home Depot; and WHEREAS, the City Planning Commission found that the proposed right -of -way abandonment was consistent with the City's General Plan, and recommended that the City Council approve the abandonment, based on findings and subject to conditions as indicated in Planning Commission Resolution, incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Action - Intention to Abandon. It is the intention of the City of San Luis Obispo to abandon a portion of Froom Ranch Way, as described and shown in Attached Exhibits, pursuant to Section 8300 et seq. of the State of California Streets and Highways Code, and that the abandonment shall be based on the following findings, and subject to the following conditions and code requirements: Findings 1. The proposed right -of -way abandonment is consistent with the General plan because it is no longer needed for present or future public purposes since this portion of the road acts as an entry to a shopping center with existing private circulation improvements. 2. Extension of the right -of -way as a public street further to the southeast would serve no public purpose and could create significant environmental impacts since property to the southeast abuts open space lands with significant slope. 3. The right -of -way abandonment will benefit the general public by allowing private management of the driveway entries, allowing pedestrian and vehicular circulation improvements, allowing for private maintenance of existing private drainage facilities and eliminating the City's costs for maintaining infrastructure within the right of way. 4. The proposed right -of -way abandonment is categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act. R 10051 Resolution No. 10051 (2009feries) . Page 2 Conditions 1. The new monuments set to describe the terminus of Froom Ranch Way. and the adjoining property corners for all affected Parcels 1 — 4 shall be documented by a Record of Survey or other appropriate instrument. 2. The exhibit showing future property lines shall provide dimensions of the areas to be abandoned to the adjacent parcels and new parcel areas. 3. Private utility companies shall receive additional notice of intention to vacate prior to the City Council hearing. 4. The abandonment resolution of the City Council shall include the following reservations: a. The reservation of an easement and right at any time, or from time to time, to construct, operate, maintain, replace, remove and renew public utility facilities including sanitary sewers, storm drains, water lines, recycled water lines, street lights, fire hydrants, utility boxes, valves, wires, cables and appurtenances in over and across the area to be vacated, including access to protect these works from all hazards in, upon, and over the area to be vacated. b. The reservation of an easement for public vehicular and non - vehicular access for ingress and egress to buildings on adjacent properties over and across the area to be vacated. c. Informational note: although the abandonment may result in additional property to be deeded back to adjacent contiguous properties, the abandonment does not constitute creation of a separate lot or a potential future subdivision. SECTION 2. Copies of the map showing the particulars of the proposed abandonment are on file in the Office of the City Clerk, at 990 Palm Street. SECTION 3. Tuesday, February 3, 2009, at 7:00 p.m. in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is more than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full at least ten (10) days before the public hearing on the proposed street right -of -way abandonment, in The Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment in prominent locations near the portion of the street right -of -way to be abandoned Resolution No. 10051 (2009 *eves) • Page 3 at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 6. The City Engineer shall notify utility companies affected by the proposed abandonment within ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways code. Upon motion of Council Member Carter, seconded by Vice Mayor Settle, and on the following roll call vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 6th day of January 2009. Mayor David F. Romero ATTEST`. Audrey Hooper City Clerk onathan P. Lowell City Attorney %S STORM E Parcel 4 55/PW82 612 CLARION COURT SAN LUIS OBISPO. CA 93401 T 805 5444011 F 8055444284 v .wwwcapoupm WALIACE GROUP F7 II i i 671 Parcel 1 55/PW82 R-O-W AREA BEING ABANDONED -ss ®- = ®I FROOM RANCH WAY a^'"' �yl�y"��gyy� s+ _. r L V c 44Q1S �'.i.U-S ' S i {7 t C GAS GAS ® GAS rvA- 4 2 BOX ° ® E� LEGEND Double C) Check ❑ WM EXISTING WATER METER U) Valve N & EXISTING TEMP. UTILITY POLE I Parcel 3 i EXISTING FIRE HYDRANT 55/PM/82 EXISTING STREET LIGHT D cn — SLB EXISTING STREET LIGHT BOX wV I EXISTING WATER VALVE GAS — I EXISTING GAS LINE WL — D i EXISTING WATER LINE cn o FL — EXISTING FIRE LINE SD — EXISTING STORM DRAIN LINE Ii ( SS — EXISTING SANITARY SEWER LINE EXHIBIT JOB No.: 0658 -0004 FROOM RANCH WAY DRAWING : AMDEXHIBn5 ABANDONMENT- UTILITIES SKETCH DROWN BY.• EUR SHOWING A PORTION OF 551PMI82 DATE : 915107 CITY OF SAN LUIS OBISPO, CALIFORNIA SCALE : 1' =20' PAou F.c, Lime L-ocAvo*15, Exhl �' R i :... �. Exhibit "A" DESCRIPTION File no: 658 -0001 September 5, 2007 A portion of Froom Ranch Way as shown on Parcel Map SLO 00 -041, in The City of San Luis Obispo, County of San Luis Obispo, State of California as recorded in Book 55 of Parcel Maps at Page 82 in the Office of the Recorder of said County, being more particularly described as follows; The southwesterly 77.00 feet of said Froom Ranch Way. Containing approximately 6160 square feet. The above - described land is graphically shown on Exhibit `B" attached hereto and made a part hereof. End Description SAND S 0 U No. 8081 Edward M. Reading, P.L.S. 8081 Exp. IMI/07 Expires 12/31/07 F OF CAl1F %�