HomeMy WebLinkAbout10/03/2000, 1 - PUBLIC HEARING TO CONSIDER FINAL ABANDONMENT OF PORTIONS OF RUTH AND LEFF STREETS, BETWEEN SANTA ROSA & TORO STREETS. i
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CITY OF SAN LUIS OBISPO
FROM: Michael D. McCluskey,Director of Public World
Prepared By: Jerry Kenny, Supervising Civil Engineer
SUBJECT: Public Hearing to consider final abandonme of portions of Ruth and Leff Streets,
between Santa Rosa&Toro Streets.
CAO RECOMMENDATION
Adopt a resolution abandoning portions of Ruth Street and Leff Street rights of way,
subject to reservation of a public utility easement, and easements for future public
pedestrian and bikeway purposes.
DISCUSSION
Background
The Council adopted a "Resolution of Intention" [Resolution No. 9087 (2000 Series)] on August
15, 2000 setting the time and place for this hearing to consider the abandonment of a portion of
Ruth and Leff Streets rights of way,between Santa Rosa Street and Toro Street, as shown and
described on "Exhibit All of the attached final abandonment resolution. The August 15th
Council Agenda Report included the Planning Commission's recommendation for approval,
subject to reservation of any necessary easements for existing or future utilities and/or City
facilities. Southern California Gas Co. and Pacific Gas and Electric Co. maintain facilities
within the Leff Street right of way, and therefore a 10 ft.-wide easement is being reserved for
these purposes along Leff Street, as shown on Exhibit A.
There is an existing dirt access road/trail that connects Leff Street with the UPRR(within the
abandonment area),which is used by UPRR for access to their facilities. Although there is no
formal legal access easement for the City at this location,the abandonment resolution provides
for reservation of an easement to accommodate the proposed future railroad bike path extension,
if deemed desirable at some time in the future. The exact location has not been determined at
this time, so the rights are being included along the entire frontage.
All noticing and posting requirements of the California Streets and Highways Code have been
completed. The Council must now receive public testimony and approve or deny the
abandonment and incorporate any revised or additional conditions.
This abandonment is categorically exempt from environmental review per City Environmental
Guidelines and the California Environmental Quality Act(CEQA), Section 15301.
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Council Agenda Report—Ruth &Leff Street Abandonments
Page 2
CONCURRENCES
The City Attorney and Community Development Director concur with the recommended action.
FISCAL EAPACT
None
ALTERNATIVES
The Council may determine that this R/W is necessary for public purposes and deny the
abandonment, although this does not appear to be justified.
Attachments
1 -Final abandonment resolution
2. Vicinity map
3 -Council Agenda Report for August 15,2000 [see copy in Council Office]
4-Resolution No. 9087 (2000 Series)
IJCounal Agenda Reports/Ruth&Leff Stteers-Final Abandonment report
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Recording requested by
and when recorded mail to:
City Clerk
990 Palm Street
San Luis Obispo,CA 93401
RESOLUTION NO. (2000 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND
DETERMINING THAT A PORTION OF RUTH STREET AND LEFF STREET RIGHTS OF
WAY, BETWEEN SANTA ROSA STREET AND TORO STREET ARE UNNECESSARY
FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING THE
ABANDONMENT OF SAME, SUBJECT TO RESERVATION OF EASEMENTS FOR
PUBLIC UTILITIES AND PUBLIC PEDESTRIAN & BIKEWAY PURPOSES.
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 3, 2000,pursuant to
Section 8300 et seq. of the California Streets and Highways Code,this Council finds and
determines that the portions of the Ruth and Leff Streets rights-of-way, as described and shown
on Exhibit "A", attached hereto and incorporated herein, are not necessary for present or future
public street purposes.
SECTION 2. This Council hereby orders the abandonment of said rights-of-way, subject to:
A. Reservation of a 10 ft.-wide easement, within the Leff St. abandonment area,for existing
and future public utilities purposes and public pedestrian and bike path access purposes, as
shown on Exhibit"A".
B. Reservation of a 10 ft.-wide easement for future.public pedestrian and bikeway purposes,
within the Ruth St. abandonment area, contiguous with and parallel to,the Union Pacific
Railroad Right of Way, as depicted on the attached Exhibit"A".
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Resolution No. (2000 Series)
Page Two
SECTION 3. The City Clerk shall cause a certified copy of this Resolution of Abandonment,
duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo
County Recorder.
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 2000.
ATTEST MAYOR Allen K. Settle
CITY CLERK Lee Price
APPRO AS TO RM:
OIAEJe G. Jorgensen
I/Council Agenda Reports/Ruth&Leff Streets-Final Abandonment Resolution
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Sheet 1 of 2
EXHIBIT"A"
ABANDONMENT OF PORTIONS OF RUTH ST. AND LEFF ST.,
BETWEEN SANTA ROSA AND TORO STREETS
LEGAL DESCRIPTION
Those portions of Ruth Street and Leff Street rights of way, adjacent to Blocks 178 and
179 and contiguous with the Union Pacific Railroad Right of Way(formerly Southern
Pacific Railroad), as shown on the Map of the Loomis Addition to the City of San Luis
Obispo, as recorded in Book A, at Page 126 of Maps, in the office of the County
Recorder, County of San Luis Obispo, State of California, lying southeasterly of the
following described line:
Beginning at the northeast comer of Lot 9, Block 178 of the above-described Loomis
Addition, said point also being the intersection of the southwesterly right of way line of
Ruth St. with the southeasterly right of way line of Leff St.; THENCE,N 530 07' E,
along the northeasterly projection of the southeasterly right of way line of Leff St.
(adjacent to Block 178), a distance of 15 ft., more or less, to a point on a line bearing S
26°49' W, and lying 20 ft. southeasterly of and parallel to, the centerline of Leff St.
(adjacent to Block 179);THENCE, along the aforesaid line,N 260 49' E,parallel with
and distant 20 ft.from the centerline of Leff St.,between Ruth and Toro St. (formerly
Osgood St.), a distance of 216 ft., more or less, to a point on the northwesterly right of
way line of the Union Pacific Railroad (formerly Southern Pacific Railroad)right of way.
SUBJECT TO:
1. Reservation of an easement for future public pedestrian and bike path purposes
along the Leff St. abandonment area(adjacent to Block 179).
2. Reservation of a 10 ft. wide easement, contiguous to and parallel with, the Union
Pacific Railroad Right of Way, for future public pedestrian and bike path purposes
within the Ruth St. abandonment area.
3. Reservation a 10 ft.-wide public utility easement,within the Leff St. abandonment
area, for existing and future public utilities.
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RESOLUTION NO. 9087 (2000 Series)
CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF
INTENTION TO ABANDON PORTIONS OF THE PUBLIC RIGHT-OF-
WAY AT RUTH STREET AND LEFF STREET WEST OF THE
RAILROAD,ABAN 170-99.
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on June 28, 2000, for the purpose of making a General Plan determination and
formulating a recommendation to the City Council on a request to abandon a portions of the
public right-of-way at Ruth Street and Leff Street west of the railroad, adjacent to 1201 Leff
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 5293-00,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 portions of the public right-of-way at Ruth Street and Leff Street west of the
railroad, 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 Leff Street right-of-way abandonment is consistent with the General plan because
the Circulation Element identifies this street as a local street and adopted street improvement
plans would not be compromised by the abandonment.
2. Development of a standard street cross section with 40 feet of paving from curb to curb is
impractical at this location because of the location of the railroad and the adjacent slope bank.
3. The proposed Ruth Street abandonment is consistent with the General Plan because the street
does not serve any additional properties, is unimproved, and has not been used for public
purposes since the railroad right-of-way was established at this location, and easements will be
reserved to ensure access to utilities in the former right-of-way.
1" 9087
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City Council Resolutio„ No. 9087 (2000 Series)
Page 2
4. The proposed right-of-way abandonment is categorically exempt from the California
Environmental Quality Act (CEQA) under Class 5, Minor Alterations in Land Use Limitations
(Section 15305, CEQA Guidelines).
Conditions:
1. Easements shall be reserved for any existing utilities owned by the City or the various utility
companies that may have facilities within the right-of-way to be abandoned. Details and any
specific conditions will be established prior to final action on the abandonment by the City
Council.
2. Easements should be reserved for possible future access to a planned bike and pedestrian
way within Ruth Street (10 ft. parallel with the RR right of way) and from Leff St., where
the existing dirt access road connects with the RR right of way. Final details are yet to be
determined and will be done prior to City Council consideration of these abandonments.
SECTION 2. 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, October 3, 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-0f--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.
On motion of Vice Mayor Schwartz, seconded by Council Member Marx, and on the
following roll call vote:
AYES: Council Members Marx,Romero,Vice Mayor Schwartz and Mayor Settle
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution was passed and adopted this 15a'day of August 2000.
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City Council Resolution ivo. 9087 (2000 Series)
Page 3
Mayo All Settle
A
r
City Clerk Lee Price
APPROVED:
i tto eyJ ,ey . Jorgensen
Attachment: xhibit"A" - Street right-of-way Abandonment Map
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Exhibit A
Resolution No. 9087
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Exhibit"A" -Street Right-of-Way Abandonment Map .10® Feet
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