HomeMy WebLinkAbout09/17/1991, C-3 - STREET ABANDONMENT - CONSIDERATION OF REQUEST TO ABANDON PORTIONS OF MUTSUHITO AND FREDERICK AVENUES BETWEEN VICTORIA AVENUE AND THE FORMER PACIFIC COAST RAILROAD RIGHT-OF-WAY. MEETING DATE:
��n�i��ii��Illlll �1° IIIIIII city of San tuts OBISpo 9- 1 ? -
WRoGs COUNCIL AGENDA REPORT TEM NUMBE
FROM: Arnold Jonas, Community Development Director; By: Jeff Ho Aociate
Planner
SUBJECT: Street Abandonment - Consideration of request to abandon portions of
Mutsuhito and Frederick Avenues between Victoria Avenue and the former Pacific Coast
Railroad right-of-way.
CAO RECOMMENDATION: Adopt a resolution of intent to abandon the requested
street portions.
BACKGROUND
On August 28th, the Planning Commission recommended that the City Council approve
the requested street abandonments and vesting tentative map. Before the City Council
can take action on the street abandonment request, State law requires that the council
adopt a resolution of intent to abandon to provide adequate public notice.
Councilmembers are considering the vesting tentative tract map (Tract 2066) as a
separate item on tonight's agenda.
On August 6th the City Council approved a general plan amendment and preliminary
development plan, and introduced an ordinance rezoning the Villa Rosa Site to R-3-
PD. Councilmembers finally adopted the PD ordinance on September 3, 1991.
ADVISORY BODY RECOMMENDATION
The Planning Commission recommends that the City Council abandon Mutsuhito and
Frederick Avenues between Victoria Avenue and the former Pacific Coast Railroad right-
of-way. The Commission asked staff to look into whether the city holds fee title to the
right-of-way, or controls it as an easement. Some commissioners felt that due to the
amount of area which would revert to the developer upon abandonment (0.9 acre), some
compensation to the city may be appropriate if the street portions are owned in fee.
Staff is investigating but has not yet determined how the right-of-way is held. The
answer will be included in the staff report for the abandonment hearing. With other
similar street abandonment requests in older subdivisions, the right-of-way has typically
been held as an easement.
EVALUATION
The subdivider asks that the city abandon unimproved portions two streets -- a 340-foot
long section of Mutsuhito Avenue between Broad Street and the tract's east boundary;
and a 343-foot section of Frederick Street between Mutsuhito Avenue and Lawrence
Drive. These streets are part of the Imperial Tract, a subdivision recorded in 1894 and
named for royalty reigning at the end of the nineteenth century. They included Victoria
(named after Queen Victoria of Great Britain), Kuang-Su (now Lawrence Drive, named
for Emperor Kuang-hsii of China), and Mutsuhito (named after Japanese emperor
Mutsuhito).
�3-
city of say, Luis OBlspo
dii% COUNCIL AGENDA REPORT
Staff Report
Page 2
Upon abandonment, ownership of the 60-foot rights-of-way would normally revert to the j
underlying property owner. Dedication of additional street right-of-way is shown at the
east end of Lawrence Drive for automobile turnarounds where the public street ends and
Villa Rosa's private driveways begin. Victoria Avenue will be improved within its
existing 60-foot wide right-of-way.
Staff supports the abandonments. These remnant, unimproved streets do not link up with
any other streets, nor is it likely that they will needed for future street connections. As
i part of the Imperial Addition, these streets were originally platted as a residential
subdivision. Due to the location of existing development just east of the tract, there is
no need or likelihood of extending Mutsuhito Avenue to meet McMillan Avenue.
I
ALTERNATIVE
I
1. Do not adopt a resolution of intent to abandon. Staff does not recommend this
alternative since street abandonment is necessary to implement the council-
approved preliminary development plan, PD 1518.
Attachments:
l
-Draft Resolution
-Street Abandonment Map
i
I
i I
I
I
I
I I
RESOLUTION NO. (1991 Series)
A RESOLUTION OF INTENTION TO ABANDON PORTIONS OF
MUTSUHITO AND FREDERICK AVENUES BE'T'WEEN VICTORIA AVENUE AND
THE FORMER PACIFIC COAST RAILROAD RIGHT-OF-WAY.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. It is the intention of the City of San Luis Obispo to abandon
unimproved portions of Mutsuhito and Frederick Avenues between Victoria Avenue and
the former Pacific Coast Railroad right-of-way, as shown on the map marked Exhibit "A",
attached hereto and incorporated herein by such reference, pursuant to Section 8300 et.
seq. of the Streets' and Highways Code.
SECTION 2. Copies of the map showing . the particulars of the proposed
abandonments are also on file in the office of the City Clerk, at 990 Palm Street.
SECTION 3. Tuesday, October 2 2, 1991, 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 not
less 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
abandonments, in the Telegram-Tribune, a newspaper published and circulated in this
city.
SECTION 5. The City Engineer shall post at least three (3) notices of the
proposed abandonments in prominent locations near the portion of the street to be
abandoned at least fourteen (14) days before the date set for the hearing in accordance
with Section 8322 of the Streets and Highways Code.
Council Resolution No. (1991 Series)
Page 2
SECTION 6. The City Engineer shall notify utility companies affected by the
proposed abandonments at least ten (10) days after adoption of the Resolution of
Intention in accordance with Section 8347 of the Streets and Highways Code.
On motion of , seconded by
and on the following
roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this
day of 1991.
Mayor Ron Dunin
ATTEST:
Pam Voges, City Clerk
Council Resolution No. (1991 Series)
Page 3
APPROVED:
City A trative cer
to e
Community DeveNVment Director
-'Public W ks Duector
e3-�f
• • lilt.• ir14 `
i V �Ii
SI}:j lf1fF f( d .:
Fc _I:F ii,lyy ,.j
cq
�i7?4 ''[, �[6•
� J •r •f• 3 I 2 � ¢ l:F rtF;'•f �,��'�'�` ��bd�.. 9_:
t•.: y
� kSt t /,' .� '• =E
it ti
W I.- y • , L
, •• I I
}
rl
�
Z ;J� _ r •: qi� � Q
/ , ` aZ
u•I �. � i - � � I
.:J• 1
I I ,
1`• �t � .\\� i i /^^1 I� :�i'S :i l.:CA
t•l� J •-� � (l-i'
W .G ; i/ t k :. •..3Y1 3:611 G•• ' ! i 1 2
N h � •� .,:�, i •�: •�y ,of � _.-_ I I
CF
nol_OZ7Ht75'Zf1N=
+.i �' _.� ,*,•r _.•—_: i � 3nItl0 3ON3tlrari
W� � II JS:1:1:: I_u: k•••Jllt:i e...f
•e i „I n tft�,l
it
1 >el i
t:llf�lsa��t�litt�l!3•���!
!!!!
Itis I.e •! ' ' i1 IrI=I�I�I�I;It�Ialt�tIIIEI!a:
6 t F 1 }llll:••...,Ij1i, }}}}} � Illllli�ill���•�••i�iill�l�I l4
6111 �� � III 11 e..-.1,111 �Llll
EXHIBIT �
CIO
i �� WCD
o 00
o -
O
�y�ivs, j uOOOA17lOM�iB =. Y Lu O
�. d c s 1
N Z J Z
y 1 'i0 • I 'i
),�'y,) ' OOOyly y yO0 YNR•;' 1 Z u 0
1 V
cu /W W
I 1 ''s I � • J
o o i N \
� 0cr
Z a °°°. --- •�
1
CL = CIO
`v
d U I tea' gop'.
tY a e
U) °'.\� 1
N ' -Q
s' ZO 00
F- CO
N a v, U
..a ci- CV
L O /0 Y6 Liw
40 Q p°if C SL
l •• O
CO 79E
> W
W
•��°u
LL f
., 1
u n� N iwaw
\ fu SpEft ui
oewn taa �� s m
a CD z C6
1—
t1 Z Wn u 1
' W
Inn N WRQCD
"3s Q Q' I W O V O
aS
!' y � 1 Z W O v
?s I 0::l-w m
W
ZTn
U) o W O Q v
1
i V m
wl♦ Q I CAI
1
VY ' CD
'V p I
\ Z
set Y3�Nf'M7 O �7
LIMITS
W
• a~/7 tD
O =
d �
Z Q
N
c 3-�