HomeMy WebLinkAbout12/07/1999, C8 - CONSIDERATION OF A REQUEST TO ABANDON A PORTION OF THE PUBLIC RIGHT-OF-WAY AT THE SOUTHWEST CORNER OF NIPOMO AND DANA STREETS, ABAN 147-99 council °� 22
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FROM: Arnold Jonas,Community Develo Director
Prepared By: John Shoals,Associate Plannmq�g
SUBJECT: CONSIDERATION OF A REQUEST TO ABANDON A PORTION OF THE
PUBLIC RIGHT-OF-WAY AT THE SOUTHWEST CORNER OF NIPOMO
AND DANA STREETS,ABAN 147-99.
CAO RECOMMENDATION:
Pass a Resolution of Intention to consider abandonment,and set a public hearing for January 18,
2000.
DISCUSSION:
The City has received a request to abandon a portion of the public right-of-way (R/W) at the
southwest comer of Nipomo and Dana Streets(see Attachment 2). The subject R/W is the comer
adjacent to the property currently being developed with the Soda Water Works project that was
approved by a past City Council and Architectural Review Commission in 1993. Believed to have
been established in the 1890s,the existing R/W has a larger than normal curve radius(a 175-foot
radius, where a 30-foot radius is the standard). This unusually large curve radius has created a
situation where the existing R/W encroaches onto the adjoining property further than necessary
resulting in a portion of this property lying with the existing streets (see Attachment 3). The
existing situation was identified and discussed by a past City Council, which directed the Public
Works Department to look into revising this curve radius to conform to current City standards,and
required the dedication of a portion of the applicant's property for public improvements in this area.
This abandonment request is in keeping with the past Council's direction to bring the existing
substandard street comer into compliance with current City standards.
The proposed R/W abandonment will benefit both the applicant and general public. Abandoning
the excess R/W will allow the applicant's project (including street frontage improvements)to be
built consistent with the approved building plans.The R/W abandonment will benefit the public by
allowing this substandard street corner to be updated,and by reducing the public maintenance costs
because there will less street pavement to maintain.
The California Streets and Highways Code (State Law) requires that any proposed street vacation
or abandonment be reviewed for General Plan conformity prior to final action by the legislative
body. On November 3, 1999,the City Planning Commission found the proposed abandonment to
be consistent with the General Plan. State law also states that if the legislative body finds,from all
the evidence submitted,that the subject R/W is not necessary for present and future public use, it
may adopt a resolution vacating the R/W. The City Council needs to make a determination on
General Plan consistency and to consider whether to adopt a "Resolution of Intention" which
would set a public hearing to consider the matter of final abandonment. If passed, a final
"Resolution of Abandonment"will be adopted and recorded with the County Recorder.
CS-1
Council Agenda Report
ABAN 147-99(1015 Nipomo)
Page 2
Planning Commission Action
The abandonment request was reviewed by the City Planning Commission on November 3,
1999. Pursuant to State law, the Planning Commission reviewed the project to determine if the
R/W proposed for abandonment is needed for present and future public needs such as circulation
and public utilities. These public use issues are discussed in the attached Planning Commission
staff report (Attachment 4). On a 6-0 vote (Commissioner Whittlesey was absent), the Planning
Commission found the proposed abandonment to be consistent with the City's General Plan, and
decided to recommend that the Council adopt a Resolution of Intention and set a public hearing
to consider the matter of final abandonment. The attached draft resolution reflects conditions of
approval recommended by the Commission. Attachment 5 is a copy of the minutes from the
Planning Commission hearing.
CONCURRENCES
The Public Works Department supports the proposed abandonment,subject to the following: the
reservation of any necessary public utility easements; and the reservation or dedication of a small
portion of the applicant's property to allow for the completion of all public improvements, as
required by the City Council in 1993.
FISCAL EMPACTS
The applicant is responsible for installing the street frontage improvements in the new R/W
alignment. The City will be responsible for maintenance of those improvements consistent with
other public sidewalks and streets. A specific dollar amount has not been determined at this
time.
ALTERNATIVES
1. The Council may find that the right-of-way is needed for present or future public purposes,and
decide not to adopt a Resolution of Intention to consider abandonment, without a public
hearing.
2. The Council may also continue action on the Resolution of Intention,with specific direction to
staff and the affected property owners regarding additional information required.
ATTACHMENTS
Attachment 1 - Draft Resolution"N'-Resolution of Intention to Consider Abandonment
Attachment 2 - Vicinity Map
Attachment 3 - Map of Area proposed for Abandonment
Attachment 4 - Planning Commission Staff Report of November 3, 1999
Attachment 5 - Draft Minutes for Planning Commission meeting of November 3, 1999
JShoaWCC/ABAN 147-99(Mitchell-Leitcher)
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Attachment 1
Resolution"A"
RESOLUTION NO. (1999 Series) -
CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF
INTENTION TO ABANDON A PORTION OF THE PUBLIC RIGHT-OF-
WAY AT THE SOUTHWEST CORNER OF DANA AND NIPOMO
STREETS,ADJACENT TO 1015 NIPOMO STREET (ABAN 147-99)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on November 3, 1999, for the purpose of making a General Plan determination
and formulating a recommendation to the City Council on a request to abandon a portion of the
public right-of-way at the southwest comer of Dana and Nipomo Streets, adjacent to 1015
Nipomo Street; 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 5275-99, incorporated herein by reference.
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 the public right-of-way at the southwest comer of Dana and
Nipomo Streets as shown on the map marked Exhibit "A", attached hereto and incorporated
herein by reference, 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:
Findings:
1. The proposed right-of-way abandonment is consistent with the General Plan because the right-
of-way is excess land area that is not needed for present and future public circulation purposes
and public utility services will be preserved by reservation of proper easements.
C8-3
City Council ResolutionNo. (1999 Series)
Page 2
2. The partial R/W abandonment is a public benefit because it allows for an existing substandard
street curve radius to be brought into conformance with current City standards, and it lessen
public maintenance costs by reducing the amount of streetpaving to be maintained_
3. The proposed right-of-way abandonment is categorically exempt from environmental review
under Section 15301 of the California Environmental Quality Act.
Conditions:
1. If the Council determines that all or a portion of any "excess" right of way should be
abandoned, easements must be reserved for public water, sewer and storm drain systems and
reservation of easements for public and private utilities to the satisfaction of the City and the
respective utility companies. Specific details will be determined during the abandonment
process,prior to the adoption of a final abandonment resolution.
2. A portion of the adjoining property shall be reserved or dedicated to allow for the completion
public improvements along the frontage of said property. Specific details will be determined
during the abandonment process,prior to the adoption of a final abandonment resolution.
SECTION 3. Copies of the map showing.the particulars of the proposed abandonment is
on file in the office of the City Clerk, at 990 Palm Street.
SECTION 3. Tuesday, January 18, 2000, at 7:00 p.m: in the Council Chamber of the
City Hall, 990 Pahn 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.
SEC'T'ION 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
at least fourteen(14) days before the date set for the hearing in accordance with Section 8322 of
the Streets and Highways Code.
C84
City Council ResolutionNo. (1999 Series)
Page.3
SECTION 6. The City Engineer shall notify utility companies affected by the propose .
abandonment within 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 voter
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this '7`h day of November, 1999.
Mayor Allen Settle
ATTEST:
City Clerk Lee Price
APPROVED:
/it. Att __ /Jeff1jy G.Jorgensen
Attachment:.
Exhibit"A Street right-of:way Abandonment Map
JSh031S/CC/ABAN 147-99R
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Attachment 4
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION STAFF REPORT ITEM #2.
BY: John Shoals,Associate Planner MEETING DATE: November 3, 1999
FROM: Ron Whisenand,Development Review Manager
FILE NUMBER: Aban 147-99
PROJECT ADDRESS: 1015 Nipomo Street
SUBJECT: Request to abandon a portion of the public right-of-way (R/W) at the southwesterly
corner of Nipomo and Dana Streets.
RECOMMENDATION:
Find that the right-of-way abandonment is consistent with the General Plan and forward a report to the
City Council recommending approval the abandonment with findings and conditions.
BACKGROUND
Situation
In 1993, the City Council approved a General Plan aunt and rezone (GP/R) for the property
located at 1015 Nipomo Street with the requirement that the landowner dedicate a portion of the
property to the City so that this intersection could be made to conform with current City street
standards. The existing R/W has a larger than normal curve radius and encroaches further onto the
adjoining property than necessary resulting in a portion of this property lying within the existing streets
(Nipomo and Dana). To resolve this situation, the Council directed the Public Works Department to
look into revising this radius curve to conform to current City standards.
In January of 1999, the Public Works Department approved a new design for improving the
intersection, and determined that there is excess property that is not necessary for public purposes.
Abandoning a portion of the R/W means "taking back" some of the area already paved as street and
adding it to the project site. Generally,when right-0f--way is abandoned,unencumbered fee title reverts
back to the adjacent property owner(s), subject to title company certification and any necessary
easements for utilities being obtained.
The Planning Commission needs to make a determination on General Plan consistency and make a
recommendation to the City CounciL The City Council will consider whether to adopt a
"Resolution of Intention", which would set a public hearing to consider the matter of final
abandonment. If passed, a final"Resolution of Abandonment"will be adopted and recorded with
the County Recorder.
Data Summary
Property Owner/Applicant: Mary Mitchell-Leitcher
Zoning of Adjacent Property: C-C-H-PD(Central Commercial with Historic Preservation and
Planned Development overlay zones)
General Plan Designation of Adjacent Property: Central'Commercial
C8®9
ABAN 111-11
1015 Nipomo(Mitchell-Leitcher)
Page 2
Environmental Status: Categorically exempt under Class 1, Existing Facilities(Section 15301.(c)of
CEQA Guidelines).
Project Action Deadline: Not applicable.
Site description
The triangular-shaped site consists of approximately 1,780 square feet and is located at the
southerly corner of Nipomo Street and Dana Street. A portion of the site is developed with
public streets and a portion is part of the Soda Water Works project at 1015 Nipomo Street.
Project Description
The project is a General Plan consistency determination on a requested abandonment of a public right-
of-way.
EVALUATION
In order to abandon the right-0f-way,the California Streets and Highways Code requires the Planning
Coffin to determine whether the abandonment is consistent with the City's General Plan. This
means that a determination needs to be made on whether the right-of-way will be needed for present or
fia= public purposes. In addition, continued access to any City or public utility services and
improvements needs to be properly preserved The following paragraphs discuss pertinent issues
associated with the request and evaluate whether the public way will be needed for future City
purposes:
1. Future Circulation Needs:
Nipomo and Dana are designated as local streets on the General Plan Circulation Element map. The
General Plan does not identify any firture improvements for either roadway. A requirement of the
approved Soda Water Works project is to install public improvements along the frontage of the
property,including dedicating a portion of the land so that the existing intersection can be brought into
conformance with current City street standards subject to the approval of the Public Works
Department-
The
The Public Works Department has approved plans for improving the intersection with a standard curve
radius, and has determined that there is excess property, which is not needed for present or future
public purposes.
2. Public Utilities:
Local utility companies had the opportunity to review of the public improvement plans as part of the
building permit process. The utility companies will also be notified of the City's intentions to abandon
the right-of-way before the City Council takes final action. The Public Works Department supports
the proposed abandonment, subject to reservation of necessary easements tor insure that the
company retains rights to repair and service any facilities on the property.
CS-10
ABAN I'tl-gq
1015 Nipomo(Mitchell-Leitcher)
Page 3
3. Disposition of Abandoned Right-of-Way:
Chicago Title Company has prepared a preliminary title report verifying the applicant's ownership of
the land underlying the portion of the right-of-way proposed for abandonment.
OTHER DEPARTMENT COMMENTS
City Departments reviewed the street improvements as part of the architectural review and
building permit processes. No other departments had concerns with the improvements or
abandonment of the excess right-of-way.
ALTERNATIVES
1. The Commission may also recommend that the abandonment be denied, based on a finding that a
potential City need may exist for the public way in the future,or
2. Continue the request. If the Commission continues action, then specific direction should be given
to staff and the applicant regarding finther information needed.
RECOMMENDATION
Recommend that the City Council approve the abandonment, based on the following findings, and
subject to the following conditions:
Findings
1. The proposed rigirt-of-way abandonment is consistent with the General plan
2. The proposed right-of-way abandonment is categorically exempt from environmental review under
Section 15301 of the Caliirnia Environmental Quality Act
Conditions:
1. If the Council determines that all or a portion of any"excess"right of way should be
abandoned, easements must be reserved for public water, sewer and storm drain systems and
reservation of easements for public and private utilities to the satisfaction of the City, Caltrans
and the respective utility companies.. Specific details will be determined during the
abandonment process, prior to adoption of a final abandonment resolution.
Attachments
Attachment 1 - Vicinity Map
Attachment 2 - Map of Area proposed for Abandonment
Attachment 3 - Approved street curve
BhoaWPGABAN 147-99(Dana)
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Attachment 5
Draft
SAN LUIS OBISPO
PLANNING COMMISSION MINUTES
NOVEMBER 3, 1999
2. 1015 Nipomo Street, ABAN 147-99: Request to abandon excess portions
of the Dana and Nipomo Street right of way at the street intersection; C-C-H-
PD zone; Mary Mitchell-Leitcher, applicant.
Commissioner Senn arrived at 8:30 and participated in hearing this item.
Associate Planner John Shoals presented the staff report and recommended
that the Planning Commission (1) find that the right-of-way abandonment is
consistent with the General Plan and (2) forward a report to the City Council
recommending approval of the abandonment with findings and conditions.
There were no comments or questions and the public comment session was
opened.
PUBLIC COMMENT:
There were no public comments made.
COMMISSION COMMENT:
Commissioner Peterson moved to find that the right-of-way abandonment is
consistent with the General Plan and to forward a report to the City Council
recommending approval o f the abandonment with the included findings and
conditions. Commissioner Jeffrey seconded the motion. .
AYES: Commrs. Peterson, Jeffrey, Senn, Cooper, and Chairman Ready
NOES: Commr. Loh
REFRAIN: None
The motion carried 5-1-0. Commissioner Whittlesey was absent.
t CS-15