HomeMy WebLinkAboutR-10074 to abandon portion of Church Street Right-of-Way; ABAN 45-07• 0
RESOLUTION NO. 10074 (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO OF
INTENTION TO ABANDON PORTION OF CHURCH STREET RIGHT -OF -WAY;
ABAN 45-07
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on February 25, 2009, for the purpose of considering application
GPC /ABAN /TR/A/ER 45 -07, and making a General Plan determination and formulating a
recommendation to the City Council on a request for abandonment of excess right -of -way
including a portion of Church; and
WHEREAS, research of the title report shows that the City of San Luis Obispo does not
have fee ownership of land underlying the street right -of -way; and
WHEREAS, the Planning Commission found that the proposed right -of -way
abandonment is 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 the
Planning Commission Resolution, incorporated herein by reference; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 21,
2009, pursuant to a proceeding instituted under application ABAN 45 -07.
NOW, THEREFORE, BE IT RESOLVED, by the 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 Church Street as shown on the map marked Exhibit A, on file in
the office of the City Clerk, 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:
Findings:
1. The proposed abandonment of right -of -way is consistent with the General Plan because
the excess right -of -way is not needed for present or future public purposes, because this
portion of Church Street does not convey through - traffic, and because it is desirable to direct
passersby to Osos Street rather than Church Street.
2. Maintenance of the excess right -of -way width as part of the public street would not serve
any reasonable public purpose since adequate travel and parking lanes will be retained.
R 10074
Resolution No. 10074 (2009 SOS) •
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3. The abandonment of the rights -of -way will benefit the general public be eliminating
unused right -of -way and the City's costs for maintaining additional infrastructure
improvements.
4. The proposed right -of -way abandonment is categorically exempt from environmental
review under Section 15301 of the California Environmental Quality Act.
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, June 2, 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 rights -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) public notices of the
proposed abandonment in prominent locations near the portion of the street rights -of -way 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.
SECTION 6. The City Engineer shall notify utility companies affected by the proposed
abandonments 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 Vice Mayor Settle, seconded by Council Member Ashbaugh and on the
following vote:
AYES: Council Members Ashbaugh and Marx, Vice Mayor Settle and Mayor
Romero
NOES: Council Member Carter
ABSENT: None
Resolution No. 10074 (2009 At) O
Page 3
The foregoing resolution was passed and adopted this 21" day of April 2009.
Mayor David F. Romero
ATTEST:
APPROVED AS TO FORM:
an P. Lowell
City Attorney
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Abandonment of portion of Church St
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