HomeMy WebLinkAbout01/04/1994, C-4 - ABANDONMENT OF CLAY STREET RIGHT-OF -WAYIIIuAI l�lllllnlll�ll�l�l � r MEETING DATE:
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COUNCIL AGENDA REPORT ITEM NUMBERe-
FROM: Arnold Jonas, Community Development Director
PREPARED BY: Whitney McIlvaine, Associate Planner
SUBJECT: Abandonment of Clay Street right -of -way
CAO RECOMMENDATION:
Adopt a resolution of intent to abandon the Clay Street right -of -way and set a public
hearing date of February 1, 1994.
DISCUSSION
Planning Commission Action
On December 15, 1993, the Planning Commission reviewed the requested street
abandonment in conjunction with a four -unit residential development project at 400
Brizzolara Street. The applicant is requesting the abandonment in order to better
accommodate residential development of his property, which borders the remnant section
of Clay Street. The Commission recommended that the City Council approve the
abandonment, subject to:
1. a reservation of easements for utilities, creek maintenance, drainage and open space,
and
2. submittal of a title report confirming the applicant's claim to fee ownership of the
entire area underlying the Clay Street right -of -way.
Necessity of Access
The right -of -way has never been improved as a street. It can no longer serve as a
connection between Brizzolara and Dana Streets since the City previously abandoned the
southern end of Brizzolara Street.
Reservation of Easements
The Public Works Department supports the abandonment of Clay Street subject to the
reservation of easements for public sewer, public water, public drainage facilities and public
utilities, to the satisfaction of the City Engineer, Cal Trans, and the public utility companies.
Clay Street now contains a 36 -inch concrete pipe which provides drainage from Highway
101. Also a portion of Clay.Street, crossed by Stenner Creek, must be dedicated to the City
for a creek drainage, maintenance, and open space easement.
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COUNCIL AGENDA REPORT
Disposition of the Abandoned Right -of -Way
Typically, an abandoned right -of -way reverts to adjacent parcels with the new property
boundary following the centerline of the right -of -way. In this case, it appears that ownership
of the abandoned right -of -way would revert to the applicant since he owns the adjacent
property at 400 Brizzolara Street, and since both the applicant's property and Clay Street
were created by the same subdivision, known as the Brizzolara Addition, in 1879. The
applicant will need to submit a title report to clarify fee ownership of the property
underlying the Clay Street right -of -way.
ALTERNATIVE
1. Do not adopt the resolution of intent to abandon. Staff does not recommend this
alternative unless the Council determines that the right -of -way is still necessary and
should be developed as a public street. This alternative action would require a
redesign of the proposed residential development project.
Attachments
draft resolution
vicinity map
reduced site plan of proposed development project
The Planning Commission report discussing the proposed residential development project
is available to Council members in the library of the City Council office. The same report
is also available for review by members of the public at the Community Development
Department.
RESOLUTION NO. (1994 Series)
RESOLUTION OF INTENTION TO ABANDON CLAY STREET RIGHT -OF -WAY,
ADJACENT TO 400 BRIZZOLARA STREET
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 the Clay Street 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, February 1, 1994, 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
,,bjecting 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.
SECTION 6. The proceeding to be taken will be subject to reservation by the City of public
easements for utilities, creek maintenance, drainage, and open space, and subject to such other conditions
,s the Council deems appropriate, including submittal of a title report by the applicant, prior to final
Council action, clarifying fee ownership of the area underlying the Clay Street right -of -way.
0-41--3
SECTION 7. The City Engineer shall notify utility companies affected by the proposed
abandonments at least ten (10) days before the date set for public hearing in accordance with 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 , 1994.
ATTEST:
City Clerk
APPROVED:
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