HomeMy WebLinkAbout10/29/1991, 1 - PUBLIC HEARING TO CONSIDER THE ABANDONMENT OF PORTIONS OF MUTSUHITO AND FREDERICK AVENUE RIGHTS-OF-WAY. �III�I�I�IIIIIMEEnNG DATE:
uU l city O San LUIS OBIS
PO PO Oct. 29 1991
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COUNCIL AGENDA REPORT ITEM NUMBER: /
FROM:
David F. Romero, Public Works Director �
Wayne A. Peterson, City Engineer ��
Prepared by /,Gerald W. Kenny, Supervising Civil Engineer
SUBJECT:
Public Hearing to Consider the Abandonment of Portions of
Mutsuhito and Frederick Avenue Rights-of-Way.
RECOMMENDATION:
Adopt Resolution Abandoning the Rights-of-Way Subject to
Recordation of Tract No. 2066, as Recommended.
DISCUSSION:
The Council adopted a "Resolution of Intention" [Resolution No. 7034
(1991 Series) ] on October 1, 1991 setting the time and place of this
hearing to consider the abandonment of portions of Mutsuhito and
Fredericks Avenues, in conjunction with the development of Villa Rosa
(Tract No. 2066) . The abandoned rights-of-way will "revert" to the
applicants per a preliminary title report.
The abandonments are necessary prior to final map approval for the
subdivision. However, the final abandonment must not occur if the
tract does not get recorded. Otherwise, existing lots of record would
not have street frontage. The recordation of the final abandonment
must, therefore, be recorded concurrently with the final map. The
final abandonment resolution includes this condition, which is allowed
under Section 8324 (b) of the California Streets and Highways Code.
There are no existing public or private facilities within the proposed
abandonment areas. The respective utility companies have been notified
and have expressed no opposition to the subject abandonment. Necessary
public utility and City easements will be dedicated on the final
subdivision map.
Council should now receive any public testimony and then decide whether
to approve or deny the abandonment, or to postpone final action until
any Council conditions are met. Denial of the abandonment doesn't
appear to be a reasonable option, since it is a condition of the
recently approved tentative map. This action is merely a formality
which was addressed in previous planned development and subdivision
hearings and actions by the Council.
The Community Development Director granted a mitigated negative
declaration for the project regarding environmental impact.
ALTERNATIVES:
Option 1: Adopt resolution finding and determining that these rights
of way are not necessary for present or future public
purposes. Recordation of the final resolution shall be
recorded concurrently with the recordation of Tract No.
2066. STAFF RECOMMENDED ACTION.
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WIMMMU COUNCIL AGENDA REPORT
Mutsuhito and Fredericks Avenue Abandonments
Meeting of October 29, 1991
Page Two
Option 2 : Conduct public hearing and continue action on abandonment
until any other conditions deemed necessary by the Council
are met.
Option 3 : Deny approval of abandonment if the Council finds that the j
rights of way are necessary for existing or future public
purposes.
FISCAL IMPACT: None i
CITIZEN PARTICIPATION:
This is a hearing to receive public testimony. The public has been
informed of this hearing via newspaper advertisement and posting at the
site. The Planning Commission recommended abandonment. No public
comment opposing street abandonment was received during the Planning
Commission hearing process.
CONCURRENCES:
The City Attorney and Community Development Director concur with the
recommended action.
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RECOMMENDATION:
Adopt resolution finding and determining that Mutsuhito and Fredericks
Avenues as described and denoted on "Exhibit All are not necessary for
existing or future public purposes and ordering the abandonment of
same, subject to final map approval and recordation of Tract No. 2066.
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Attachments:
1 - Draft Resolution of Abandonment
2 - Vicinity Map
3 - Resolution No. 7034 (1991 Series)
4 - Council Agenda Report of October 1, 1991.
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Recording requested by
and when recorded mail to:
City Clerk
City of San Luis Obispo
P. O. Box 8100
San Luis Obispo, CA 93403-8100
RESOLUTION NO. (1991 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT PORTIONS OF MUTSUHITO
AND FREDERICKS AVENUES, BETWEEN VICTORIA STREET AND
THE PACIFIC COAST RAILROAD RIGHT-OF-WAY ARE
UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC PURPOSES
AND ORDERING THE ABANDONMENT OF SAME
SUBJECT TO RECORDATION OF TRACT NO. 2066
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. In accordance with the public hearing duly held
on October 29, 1991, pursuant to Section 8300 et seq. of the
California Streets and Highways Code, this Council finds and
determines that those portions of Mutsuhito and Fredericks Avenue
rights-of-way as described and shown on the map marked "Exhibit
All, attached hereto and incorporated herein are not necessary for
present or future public purposes.
SECTION 2 . This Council hereby orders the abandonment of
said right-of-way subject -to: Concurrent recordation of the
final map for Tract No. 2066.
SECTION 3 . The City Clerk shall cause a certified copy of
this Order of Abandonment, duly attested under the seal of the
City to be recorded in the Office of the Recorder of the County
/-3
Resolution No. (1991 Series)
Page Two.
of San Luis Obispo, upon satisfaction of the condition mentioned
in Section 2 above.
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
ATTEST:
CITY CLERK
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Community Deve pment Director
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LEGAL DESCRIPTION
MUTSIIKITO AND FREDERICK AVENUES ABANDONMENTS
Those portions of Mutsubito and Frederick Avenues as shown on the
map of the Imperial Addition to the City of San Luis Obispo as
recorded in Book A of Maps, at Page 128, in the Office of the
County Recorder of San Luis Obispo County, State of California,
more particularly described as follows:
A. MOTSUHITO AVENUE -
That portion of Mutsuhito Avenue lying northeasterly of Victoria
Street per aforesaid map.
B. FREDERICK AVENUE
That portion of Frederick Avenue lying southeasterly of the_
northeasterly prolongation of the northwesterly R/W line of
Lawrence Drive (formerly Kuang Su Avenue) ;
EXCEPTING THEREFROM, that portion lying southwesterly of the
centerline of Frederick Avenue and northwesterly of the
northeasterly prolongation of the southeasterly R/W line of
Lawrence Drive.
j ac o - "EXHIBIT A"
SM[ JWS OBISPO ABANDONMENT OF PORTIONS OF
Public Works Department MUTSUNITO & FREDERICKS
966 Marra st- San Uds Oblape, CA 93,601 AVENUES
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RESOLUTION NO. 7034 (1991 Series)
A RESOLUTION OF INTENTION TO ABANDON PORTIONS OF
MUTSUHTTO AND FREDERICK AVENUES BETWEEN 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 L 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 "X,
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 showingthe 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 29, 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.
R-7034
Council Resolution No. 7034 (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 Councilwoman Rappa , seconded by
Councilman Roalman , and on the following
roll call vote:
AYES: Councilmembers Rappa , Roalman, Pinard, Reiss , Mayor Dunin
NOES: None
ABSENT. None
the foregoing resolution was passed and adopted this I s t
day of October , 1991.
Mayor on Dunin
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Council Resolution No. 7034 (1991 Series)
Page 3
APPROVED:
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VILLAVIQINITY MAP • •
TRACT 2066
PROPOSED
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• , FREOERICK AVENUES
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Hii% COUNCIL AGENDA REPORT
FROM: Arnold Jonas, Community Development Director, By: Jeff
Hl� ociate 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.
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BACKGROUND
On September 17th, councilmembers approved the tentative map for
Villa Rosa and continued a related street abandonment request. on j
August 28th, the Planning Commission recommended that the City '
Council approve the requested street abandonments and vesting
tentative map for Villa Rosa, a a5-unit residential planned
development. 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.
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.
The City Engineer has determined that the rights-of-way exist as
easements, created by the subdivider's offer of dedication shown
on the original subdivision map in the late 18001s. The streets
were never improved, nor is there record of the City. formally
accepting the offer of dedication. Upon abandonment, the streets'
ownership reverts to the underlying property owner under State law.
etre -marptitler-Lr poi names 5 a "and`Eiizabetl Be3YFaslthe
pr,opertyawwnerSince the City appears to have no fee title
interest in the "paper streets", no compensation is owed to the
City upon abandonment.
Before the subdivider can record the final subdivision map, he must
have the signatures of all property owners with a record title
interest. If subsequent title search shows that that the City
holds any fee title interest, the City could still require
4`I�Ip�II�IIII MEETING OATE:
City Of San LUIS OBISPO /0-/-y/
Wi;S
COUNCIL AGENDA REPORT REM NUMBER:
Staff Report
Page 2
appropriate compensation prior to recording the final tract map.
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) .
Upon abandonment, ownership of the 60-foot rights-of-way would
normally revert to the 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 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.
ALTERNATIVE
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:
-Draft Resolution
-Street Abandonment Map