HomeMy WebLinkAbout02/01/2000, C5 - CONSIDERATION OF A REQUEST TO ABANDON A PORTION OF THE PUBLIC RIGHT-OF-WAY (R/W) AT THE EASTERLY END OF BUCHON STREET, ADJACENT TO THE UNION PACIFIC RAILROAD R/W; ABAN11-99, PISMO-BUCHON ASSOCIATES. Mee�iry Die
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CITY OF SAN LUIS OBISPO
e
FROM: Arnold Jonas,Community Development Director
Prepared By: John Shoals,Associate Planner.
SUBJECT: CONSIDERATION OF A REQUEST TO ABANDON A PORTION OF THE
PUBLIC RIGHT-OF-WAY (R/W) AT THE EASTERLY END OF BUCHON
STREET, ADJACENT TO THE UNION PACIFIC RAILROAD R/W; ABAN11-
99, PISMO-BUCHON ASSOCIATES.
CAO RECOMMENDATION
Pass a Resolution of Intention to consider abandonment, and set a public hearing for March 21,
2000.
DISCUSSION
The Pismo-Buchon Associates,the applicant, is asking the City to abandon a portion of the public
right-of-way (R/W)at the easterly end of Buchon Street,adjacent to their property at 1330 Buchon
Street and the Union Pacific Railroad R/W(see Attachment 2). Their plans are to have this public
easement abandoned so that the underlying property can be included with the adjacent low-income
housing project that was approved by the City Council in November of 1999. That approved multi-
family housing project("Pismo Street Station)called for the construction of a laundry/maintenance
building,trash enclosure and pedestrian walkways in the proposed abandonment area. Therefore,
abandoning the R/W will allow the applicant's project (including street frontage and bikeway
improvements)to be built consistent with the approved building plans.
In preparing the map of the abandonment area,the surveyor incorrectly showed a triangular-shaped
area, between the end of Buchon Street and the UPRR R/W, as being abandoned per City
Resolution No. 326. Adopted in 1930, this City resolution gave the Southern Pacific Railroad
Company (now UPRR) permission to close a portion of Buchon and Pismo Streets, but it did not
abandon the street easement. As such, the proposed R/W abandonment should be modified to
include this area. Given its small size and location,it is staff opinion that the Planning Commission
action adequately addresses this area. The revised abandonment area is shown in Attachment 2.
Generally,when R/W is abandoned,unencumbered fee title is divided equally among the adjacent
property owners, subject to title company certification and any necessary easements for utilities
being obtained. In this case,the applicant owns all of the property adjacent to the subject R/W.
C5-1
Council Agenda Report
ABAN 11-99(1330Buchon)
Page 2
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 January 12, 2000,the City Planning Commission found the proposed abandonment to be
consistent with the General Plan. State law also says 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.
Planning Commission Action
The City Planning Commission reviewed this abandonment request on January 12, 2000.
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 3). On a 7-0 vote, 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 4 is a copy of Planning Commission Resolution No. 5281-00. A copy
of the minutes from the Planning Commission hearing is included as Attachment 5.
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 required
as part of the multi-family housing project.Those improvements include a turn-around at the end of
Buchon Street and a Class I (off-street)bike path connection between the east end of Buchon Street
and the Union Pacific Railroad R/W.
FISCAL IMPACTS
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.
C5-2
Council Agenda Report
ABAN 11-99 (1330 Buchon)
Page 3
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"A"-Resolution of Intention to Consider Abandonment
Attachment 2- Revised Map of Abandonment Area
Attachment 3- Planning Commission Staff Report of January 12, 2000
Attachment 4-Planning Commission Resolution No. 5281-00
Attachment 5- Draft Minutes of Planning Commission meeting of January 12, 2000
JShoals/CC/ABANI1-99(Housing)
C5-3
Attachment 1
RESOLUTION NO. (2000 Series)
CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF
INTENTION TO ABANDON A PORTION OF THE PUBLIC RIGHT-OF-
WAY AT THE EASTERLY END OF BUCHON STREET, ADJACENT TO
1330 BUCHON STREET AND THE UNION PACIFIC RAILROAD
RIGHT-OF-WAY, (ABAN 11-99)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on January 12, 2000, 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 (R/W) at the easterly end of Buchon Street, adjacent to 1330 Buchon Street
and the Union Pacific Railroad(UPRR) right-of-way; 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 5281-00, 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 easterly end of Buchon Street,
adjacent to the UPRR R/W 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 Califomia
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 street abandonment is consistent with the Circulation Element of the general plan
because this segment of Buchon Street is not identified in the element as being necessary for
vehicular circulation.
2. The remaining public right-of-way will continue to serve public circulation needs with: the
installation of a tum-around at the new terminus of Buchon Street; the dedication of an
easement for public pedestrian and bicycle path needs; and the construction of a bicycle path
connection from the end of Buchon Street to the Union Pacific Railroad right-of-way.
3. The proposed street abandonment will not adversely affect public and private utilities with the
reservation of permanent easements to insure the continued use of these facilities.
C5-4
City Council ResolutionNo. . (2000 Series)
Page 2
4. The right-of-way abandonment benefits the general public by providing for public pedestrian
and bicycle path needs,and assisting in the development of an affordable housing project on the
adjacent properties.
5. The proposed right-of-way abandonment is categorically exempt from environmental review
under Section 15301 of the California Environmental Quality Act.
6. The street easement is unnecessary for present and prospective public use.
Conditions:
1. If the Council determines that a portion of the right of way should be abandoned, easements
must be reserved for any 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 adoption of a final abandonment resolution by the City Council.
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, March 21, 2000, 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 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.
SECTION 6. The City Engineer shall notify utility companies affected by the proposed
abandonment within ten (10) days after adoption of the Resolution of Intention in accordance
with Section 8347 of the Streets and Highways code.
C5-5
City Council Resolution 1 (2000 Series)
Page.3
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 1 st day of February 2000.
Mayor Allen Settle
ATTEST:
City Clerk Lee Price
APPROVED:
<::�elllllllm,IIIA�
ity orne Je y G orgensen
Attachment:
Exhibit"A" - Street right-of-way Abandonment Map
Bhoals/CC/ABAN 11-99R
C5-6
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Attachment 3
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION STAFF REPORT ITEM#.L
BY: John Shoals,Associate Planne MEETING DATE:January 12,2000
FROM: Pam Ricci,Acting Development Review Manager
FILE NUMBER:ABAN 11-99
PROJECT ADDRESS: 1330 Buchon Street
SUBJECT: Request to abandon a portion of the Buchon Street right-of-way adjacent to the Union
Pacific Railroad right-of-way,east of Johnson Avenue.
SUMMARY RECOMMENDATION:
Find that the right-of-way abandonment is consistent with the General Plan and forward a report to
the City Council recommending approval of the abandonment with findings and conditions.
BACKGROUND
Situation
The San Luis Obispo Non-Profit Housing Corporation,the applicant,is asking the City to abandon
a portion of the public right-of-way (R/W) at the easterly end of Buchon Street, adjacent to the
Union Pacific Railroad (UPRR) R/W. Their plan is to have this segment of the street R/W
abandoned so that the underlying property can be included with the development of the adjacent
low-income multi-family housing project that was approved by the City Council in November of
1999. Generally, when right-of-way is abandoned, unencumbered fee title is divided equally
among the adjacent property owners, subject to title company certification and any necessary
easements for utilities being obtained. In this case,the Housing Authority owns all of the property
adjacent to the subject R/W.
The applicant has filed for the abandonment that must ultimately be approved by the City Council,
as per Section 8300 of the California Streets and Highways Code. The Planning Commission's role
is to advise the Council on the suitability of the request in the form of a recommendation. The
Planning Commission also needs to make a determination on General Plan consistency. 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
Applicant: San Luis Obispo Non-Profit Housing Corporation
Property Owner: Pismo-Buchon Associates, a California Limited Partnership
Representative: Studio Design Group
Zoning of Adjacent Property: R-2 (Medium-Density Residential)
General Plan Designation of Adjacent Property: Medium Density Residential
Environmental Status: Categorically exempt under Class 1,Existing Facilities(Section 15301 (c)
of CEQA Guidelines).
Project Action Deadline: Not applicable.
C5-8
1 L
ABAN 11-99
1330 Buchon Street(Housing Authority)
Page 2
EVALUATION
In order to abandon the right-of-way, the California Streets and Highways Code requires the
Planning Commission 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 future public purposes. The following paragraphs discuss pertinent issues
associated with the request and evaluate whether the public right-of-way will be needed for future
City purposes:
1. Future CirculationNeeds
The General Plan Circulation Element designates this portion of Buchon Street as a local street.
This type of street is identified in the Circulation Element as "serving residential development that
front them and channeling traffic to residential collector streets. " This portion of right-of-way
would serve no other potential circulation purpose than providing access to the site at 1330 Buchon
Street. In addition,the Circulation Element does not provide for any future roadway improvements
to this segment of Buchon Street. Therefore,the proposal would not conflict with the purpose for
local streets as contained in the Circulation Element.
The Bicycle Transportation Plan calls for a bike path to be constructed along the railroad right-of-
way. In November of 1999, the City Council approved a multi-family housing project on the
adjacent properties(1330 Buchon and 1363 Pismo)with the requirement that the developer:install
a turn-around at the end of Buchon Street; dedicate an easement between the terminus of Buchon
and the UPRR R/W for public pedestrian and bicycle needs;and install of a Class I (off-street)bike
path connection between the east end of Buchon Street and the Union Pacific Railroad R/W. These
circulation improvements will be installed in conjunction with the Pismo Street affordable housing
project. With these improvements,Buchon Street will continue to serve the community's present
and future circulation needs. The partial street abandonment will also help facilitate the
construction of affordable housing consistent with the City's General Plan.
During the public hearings on the affordable housing project,several neighbors expressed concerns
with the potential loss of parking on Buchon Street. Given the small size(820 sq.ft.)and location
of the area proposed for abandonment, it is staffs opinion that the. street abandonment will not
result in a loss of parking spaces on Buchon Street.
2. Public Utilities
The street abandonment proposal was sent to the local utility companies for their review and
comment. However, staff has not received comments from the utility companies. It should be
noted that prior to the City Council's final action on the abandonment, local utility companies
would have another opportunity to review the abandonment and respond.
The abandonment will be subject to the dedication of any necessary easements for the respective
utility companies to insure that they retain rights to repair and service their facilities, and any other
appropriate purposes established by the City Council.
C5-9
e
ABAN 11-99
1330 Buchon Street(Housing Authority)
Page 3
3. Disposition of Abandoned Right-of-Way
Fidelity National Title Company prepared a preliminary title report to verify ownership of the land
underlying the portion of the right-of-way proposed for abandonment. The purpose of this exercise
was to determine who would own the land once the rights-of-way is abandoned. According to the
title information,any portion of Buchon Street abandoned by the City of San Luis Obispo, would
revert back to the owner of the adjacent properties,which in this case is the applicant.
OTHER DEPARTMENT COMMENTS
The Public Works Department recommends that easements be reserved for bicycle/pedestrian
circulation and utilities. The Utilities Department comments address water and wastewater
facilities.
ALTERNATIVES
1. Recommend that the abandonment be denied,based on a finding that a potential City need may
exist for the public way in the future.
2. Continue the request. If the Commission continues action, then specific direction should be
given to staff and the applicant regarding further information needed.
RECOMMENDATION
Recommend that the City Council approve the abandonment,based on the following findings,and
subject to the following conditions:
Findings:
I. The proposed street abandonment is consistent with the Circulation Element of the general plan
because this segment of Buchon Street is not identified in the element as being necessary for
vehicular circulation.
2. The remaining public right-of-way will continue to serve public circulation needs with: the
installation of a tum-around at the new terminus of Buchon Street; the dedication of an
easement for public pedestrian and bicycle path needs; and the construction of a bicycle path
connection from the end of Buchon Street to the Union Pacific Railroad right-of-way.
3. The proposed street abandonment will not adversely affect public and private utilities with the
reservation of permanent easements to insure the continued use of these facilities.
4. The right-of-way abandonment benefits the general public by providing for public pedestrian
and bicycle path needs,and assisting in the development of an affordable housing project on the
adjacent properties.
C5-10
ABAN 11-99
1330 Buchon Street(Housing Authority)
Page 4
5. 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 a portion of the right of way should be abandoned, easements
must be reserved for any 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 adoption of a fmal abandonment resolution by the City Council.
Attachments
Attachment 1 - Location Map/Street Abandonment Plan
Attachment 2 - Area of Street Abandonment
JShoals/PC/ABANI 1-99(Housing Authority)
C5-11
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C5-13
Attachment 4
SAN LUIS OBISPO PLANNING COMMISSION
RESOLUTION NO. 5281-00
WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct
a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on January 12, 2000, pursuant to a proceeding instituted under application
ABAN 11-99, Housing Authority of San Luis Obispo, applicant.
ITEM REVIEWED:
Request to abandon a portion of the Buchon Street right-of-way adjacent to the Union
Pacific Railroad right-of-way, east of Johnson Avenue
DESCRIPTION:
On file in the office of Community Development Department, City Hall.
GENERAL LOCATION:
1330 Buchon Street
WHEREAS, said Commission as a result of its inspections, investigations, and
studies made by itself, and in behalf of testimonies offered at said hearing has
established existence of the following circumstances:
Findings
1. The proposed street abandonment is consistent with the Circulation Element of the
General Plan because this segment of Buchon Street is not identified in the element
as being necessary for vehicular circulation.
2. The remaining public right-of-way will continue to serve public circulation needs with:
the installation of a tum-around at the new terminus of Buchon Street; the dedication
of an easement for public pedestrian and bicycle path needs; and the construction of
a bicycle path connection from the end of Buchon Street to the Union Pacific Railroad
right-of-way.
3. The proposed street abandonment will not adversely affect public and private utilities
with the reservation of permanent easements to insure the continued use of these
facilities.
C5-14
Resolution No. 5281-00
Page 2
4. The right-of-way abandonment benefits the general public by providing for public
pedestrian and bicycle path needs, and assisting in the development of an affordable
housing project on the adjacent properties.
5. The proposed right-of-way abandonment is categorically exempt from environmental
review under Section 15301 of the California Environmental Quality Act.
6. The street easement is unnecessary for present and prospective public use.
NOW, THEREFORE, BE IT RESOLVED, that ABAN 11-99 be approved, subject
to the following condition:
Condition
1. If the Council determines that a portion of the right-of-way should be abandoned,
easements must be reserved for any 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 adoption of a final abandonment
resolution by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommend to
the City Council, approval of the proposal. The foregoing resolution was approved by
the Planning Commission of the City of San Luis Obispo on motion by Commr. Loh,
seconded by Commr. Senn, and on a separate roll call vote:
AYES: Commrs. Loh, Jeffrey, Whittlesey, Ready, Senn, Peterson and Cooper
NOES: None
ABSENT: Commr. Cooper
Arnold B. Jonas, Secretary
Planning Commission
Dated: January 12, 2000
C5-15
Attachment 5
DRAFT MINUTES
SAN LUIS OBISPO
PLANNING COMMISSION MEETING
JANUARY 12, 2000
2. 1330 Buchon Street, ABAN and ER 11-99: Request to abandon a portion of the
Buchon Street right of way adjacent to the Union Pacific Railroad right of way, east
of Johnson Avenue, and environmental review; R-2 zone; Housing Authority of San
Luis Obispo, applicant.
Associate Planner John Shoals presented the staff report and recommended finding
that the right-of-way abandonment is consistent with the General Plan and forwarding a
report to the City Council recommending approval of the abandonment with findings and
conditions.
Commissioner Peterson asked if the area shown for bicycle access would be improved.
Associate. Planner Shoals replied that it would, explaining that a project condition
requires provision of a bicycle connection from the end of Buchon Street, subject to City
bicycle path standards.
Commissioner Loh questioned the turnaround at the end of Buchon Street.
Associate Planner Shoals explained the proposed hammerhead turnaround is
acceptable for both residential and emergency vehicular use and was reviewed and
approved by Council.
Commissioner Loh felt a more easily accessible public turnaround should be provided.
There were no further comments or questions and the public comment session was
opened.
PUBLIC COMMENT:
George Moylan, City of San Luis Obispo Housing Authority, explained that this is a tax-
credit development and the ownership will be in Pismo Buchon Associates. San Luis
Obispo Non-profit Housing Corporation will be the general partner in the limited
partnership and the Housing Authority will manage the 11 units to be built. There will be
public access from Pismo Street, not from this site.
Commissioner Whittlesey had staff address Mrs. Talmidge's concerns regarding the
bike path connection and access.
Seeing no further speakers come forward, the public comment session was closed.
COMMISSION COMMENT:
C5-16
Draft Planning Commission N, ss
January 12, 2000
Page 2
Commissioner Loh moved to (1) find that the right-of-way abandonment is consistent
with the General Plan and to (2) forward a report to the City Council recommending
approval of the abandonment with findings and conditions as presented in the staff
report. Commissioner Senn seconded the motion.
AYES: Commrs. Loh, Senn, Jeffrey, Whittlesey, Peterson, Cooper, and Ready
NOES: None
REFRAIN: None
ABSENT: None
The motion carried 7-0.
C5-17