HomeMy WebLinkAbout11/21/2000, 9 - ABANDONMENT OF A PORTION OF OLIVE ST. (FORMERLY FIG ST.), ADJACENT TO HWY. 101, AND MORRO ST., BETWEEN OLIVE ST. AND STENNER CREEK. council.- WemD° 1.-2/-00
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CITY OF SAN L U I S O B I S P O
FROM: Michael D. McCluskey, Director of Public Work
Prepared by: Jerry Kenny, Supervising Civil Enginee
SUBJECT: Abandonment of a portion of Olive St. (formerly Fig t.), adjacent to
Hwy. 101, and Monro St., between Olive St. and Stenner Creek.
CAO RECOMMENDATION:
Adopt a resolution conditionally abandoning a portion of Olive St. (formerly Fig St.),
adjacent to Hwy. 101, and Morro St., between Olive St. and Stenner Creek, subject to:
1) reserving necessary easements for drainage and creek access, public utilities, bike and
pedestrian pathway purposes, 2) purchase of excess City-owned right of way by the
adjacent property owner, and 3) recordation of a Lot Line Adjustment or Lot Merger for
the affected parcels, as recommended.
DISCUSSION:
The Council adopted a "Resolution of Intention" [Resolution No. 9102 (2000 Series)]
[Attachment 4] on October 3, 2000,which set the time and place of this hearing to consider the
final abandonment of these portions of existing rights of way.
The October 3rd agenda report described various staff issues and included the Planning
Commission's recommendation for abandonment, subject to conditions. (Planning Commission
Resolution No.5295-00) [Attachment 3 - selected excerpts and update - see complete report
in Oct. 3'd agenda packet]
The City and various utility companies maintain facilities within the Olive St. abandonment area.
A blanket utility easement is being reserved for the benefit of the City and utility companies. A
blanket drainage and creek access easement is also being reserved within the Morro St.
abandonment area(and a portion of Olive St.) to accommodate a CalTrans storm drain and
drainage swale that discharge into Stenner Creek.
The "Morro St."portion of abandoned right of way and a small triangular portion of Olive St.
would automatically"revert" to the applicant, based on ownership of both parcels adjacent to
these rights of way. However, since the City actually owns the majority of the Olive St.
abandonment area in fee title, the applicant must pay"fair market value" for that portion of the
abandoned street to acquire the land. This process is pursuant to the City's Property
Management Manual, the City Charter and California Government Code. Otherwise, it could be
considered a"gift of public funds". The abandonment resolution is conditioned according to
these requirements.
Staff has hired an appraiser(at the applicant's cost)pursuant to Council direction as prescribed in
the Resolution of Intention to establish a value for the City property. 'The appraisal will also
include a value for an easement for continuation of the proposed bike and pedestrian trail, and for
creek access adjacent to the Chorro St. bridge,within the adjacent southerly parcel that is also
9-1
COUNCIL AGENDA REPORT—Olive St. and Morro St. Final Abandonment
Page 2
owned by the applicant. The boundary of this area is generally between Chorro St., Stenner
Creek, the freeway right of way and the existing apartment building.
Additional rights will need to be acquired in the future from CalTrans to complete the planned
trail, since the creek alignment and the existing apartment building prevent a continuous and
adequate width.
Staff recommends that the City Council delegate authority to the City Administrative Officer to
execute a sales agreement with the applicant, upon receipt of the final appraisal. The sale
agreement will be subject to approval by the City Attorney. It is also recommended that the
Council authorize the Mayor to execute a quitclaim deed for the excess City-owned property,
after the applicable funds are received, as prescribed in the abandonment resolution.
Existing City regulations [per Resolution No. 5478 (1984 Series)], requires that any
abandonment conditions be met within one (1) year of adoption, or, upon expiration of an
approved project or tentative subdivision map incorporated into the abandonment. The final
abandonment resolution contains wording to this effect. When all conditions are satisfactorily
completed, the Public Works Director will notify the City Clerk that the final resolution of
abandonment may be recorded, along with the quitclaim deed.
The required notices and posting have been completed, as prescribed in the Resolution of
Intention. The City Council must now receive any public testimony and then decide whether to
approve,modify or deny the abandonment.
This abandonment is categorically exempt from environmental review per City Environmental
Guidelines and the California Environmental Quality Act (CEQA), Section 15301.
ALTERNATIVES:
Option 1: Conduct the public hearing and continue final action on the abandonment until
any other issues or conditions, deemed necessary by the City Council, are
completed or otherwise resolved.
Option 2: Adopt a resolution to deny abandonment, if the Council finds that the right of
way is necessary for existing or future public street purposes.
CONCURRENCES:
The Planning Commission at its July 26, 2000 meeting recommended the abandonment to the
City Council, subject to conditions. The Community Development Director, Finance Director
and City Attorney concur with the recommendation.
9-2
COUNCIL AGENDA REPORT—Olive St. and Morro St. Final Abandonment
Page 3
FISCAL IMPACT: The City will receive market value for abandonment of"excess property".
Attachments:
1 - Resolution of Abandonment
2 - Vicinity Map
3 -Council Agenda Report excerpts (October 3, 2000 meeting)
4 - Resolution No. 9102 (2000 Series)
I:/Council Agenda reports/CC Report—Olive&Morro St.-Final Abandonment
9-3
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 PORTIONS OF OLIVE AND MORRO STREETS,ARE
UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES
AND ORDERING ABANDONMENT,SUBJECT TO RESERVATION OF SPECIFIC
EASEMENTS AND SUBJECT TO THE SALE OF EXCESS CITY RIGHT OF WAY.
BE 17F RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. In accordance with the public hearing duly held on November 21, 2000,
pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds
and determines that portions of Olive (formerly Fig) and Morro Streets [between Highway 101,
Chorro St., Stenner Creek and Olive St. (formerly Osos St.)], as described and shown on Exhibit
"A", attached hereto and incorporated herein, is not necessary for present or future public street
purposes.
SECTION 2. This Council has determined that the Olive St. right of way, within the proposed
abandonment area, is hereby deemed to be "excess property" and may be quit-claimed only to the
adjacent property owner upon receipt of payment of fair market value, to the satisfaction of the
City Administrative Officer.
SECTION 3. This Council hereby orders the abandonment of said right-of-way subject to:
A. Reservation of a blanket easement for public utilities, City sanitary sewer and water
mains and appurtenances, and storm drainage purposes over the entire Olive St.
abandonment area. An alternate reduced easement area may be approved by the
Community Development Director and Public Works Director, if adequate provisions are
made to accommodate and/or relocate any such facilities,prior to recordation of this
resolution.
B. Reservation of a blanket easement for drainage purposes over the Morro St. abandonment
area.
C. Reservation of an easement for public pedestrian and bicycle purposes, over the
southeasterly 30 ft. of the Olive St. abandonment area.
D. Recordation of a Lot Line Adjustment or Lot Merger, to the satisfaction of the
Community Development Director.
9-4
Resolution No. (200 Series)
Page Two
E. The Applicant shall pay fair market value for the excess City-owned Olive St. right of
way, to the satisfaction of the City Administrative Officer, prior to recordation and
effectiveness of this resolution. Sale of the City-owned parcel is subject to the applicant
granting an offsite easement, within the adjacent southwesterly parcel, for public
pedestrian,bikeway and creek access purposes, to the satisfaction of the Public Works
Director.
F. Items 3 D and 3 E must be met within one (1) year of this date or this resolution will
expire and be null and void.
SECTION 3. Upon written notification to the City Clerk by the Director of Public Works that
the conditions prescribed in Section 3. D, E&F have been met, 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 c day of , 2000.
MAYOR Allen K. Settle
ATTEST:
CITY CLERK Lee Price
APPROVED AS TO FORM:
N
A OI Y J rey G. Jorgensen
I:/Council Agenda Reports/CC report—Olive&Morro Final Abandonment
9-5
EXHIBIT A—Sheet 1 of 2
LEGAL DESCRIPTION OF OLIVE STREET (FORMERLY FIG ST.)
AND MORRO STREET ABANDONMENTS
Parcel 1
Those portions of Lots 3 and 4 of Block 73 as shown on the map of Hams and
Ward's Survey of the Town of San Luis Obispo, filed May 1, 1978 in Book A,
Page 168 in the office of the County Recorder, and of Morro Street and Olive St.
(formerly Fig Street) in the City of San Luis Obispo, County of San Luis Obispo,
State of California, according to the official map filed in the office of the County
Recorder of said County,particularly described as follows:
Beginning at the Northeasterly corner of said Lot 4 of Block 73, according to the
above said official map; thence along the Northwesterly line of said Lot 4, S.
54007'40"W., 60.00 feet; thence S.14°01'05" E, 80.81 feet; thence S. 10"54'12"
W, 77.04 feet; thence S. 41°29730"W., 100.57 feet to a point on the
Northwesterly line of said Fig Street; thence along said Northwesterly line of Fig
Street, S. 54°07'40"W.,46.87 feet to the most Southerly comer of said Block 73;
thence S. 9°10'25"W., 70.65 feet to a point on the Westerly line of the above said
Morro Street; thence N. 49°57'25 E., 114.24 feet; thence N. 45°28'30" E., 82.15
feet; thence along a curve to the left with a radius of 163 feet; through an angle of
52°36'50", for a distance of 149.68 feet to a point of compound curve; thence
along a curve to the left, with a radius of 103 feet; through an angle of 14'26'50",
for a distance of 25.97 feet; thence N. 21043' W., 74.58 feet to the point of
beginning.
Parcel 2
Those portions of Morro St. and Olive St. (formerly Fig St.)rights of way lying
adjacent to Blocks 71 & 73, as shown on the map of Hams and Ward's Survey of
the Town of San Luis Obispo, filed May 1, 1978 in Book A, Page 168 in the
office of the County Recorder of said County in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according to the official map filed
in the office of the County Recorder of said County, lying northwesterly of State
Highway 101; excepting those portions of Olive Street described in Parcel 1,
herein.
Reserving from Parcels 1 and 2, those certain easements shown on Exhibit A, Sheet 1 of
2, and described in Section 3A.,B. &C. of the Resolution of Abandonment.
DevRev\...\Olive&Morro abandonment—Exhibit A—legal desc.
9-6
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Public Works Department Resolution No. 9102 (2000 Series) 7
955 Morro Street, Son Luis Obispo, CA 93402
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CITYOF SAN LUIS O B I S P O
FROM: Ronald Whisenand,Acting Community Development Director 9
Prepared By: John Shoals,Associate Planner
SUBJECT: CONSIDERATION OF A REQUEST FOR PARTIAL ABANDONMENT OF
THE OLIVE STREET (FORMERLY FIG STREET) RIGHT-OF-WAY AND
FULL ABANDONMENT OF THE MORRO STREET RIGHT-OF-WAY
BETWEEN STENNER CREEK AND U.S. HIGHWAY 101; ABAN83-99,
RAMESH AND NIPOOL PATEL
CAO RECOMMENDATION
1. Pass a Resolution of Intention to consider abandonment subject to a purchase agreement
requiring the applicant to obtain City-owned property at fair market value,and set a public
hearing for November 21,2000;and
2. Authorize staff to hire an appraiser to assess the value of the City-owned property and direct
the sale of the property in accordance with the procedures of the City's Property
Management Manual.
DISCUSSION
The proposed project involves:a request to.abandon portions of two public right-of-ways and the
sale of any City-owned surplus property resulting from approval of those R/W abandonments.
The City has received a request to abandon a portion of the Olive Street(former Fig Street)right-
of-way(R/W)and all of the Morro Street R/W,between Stenner Creek and U.S.Highway 101 (see
Attachments 1,2 and 3). In order to abandon these public right-of-ways,the California Streets and
Highways Code (State Law)requires the legislative body review the abandonment for consistency
with the General Plan, adopt a "Resolution of Intention" to abandon the R/W and adopt a final
"Resolution of Abandonment."
The Planning Commission reviewed the proposed R/W abandonment on December 15, 1999 and
July 26, 2000. At the July 26d' hearing,the Commission found the proposed abandonment to be
consistent with the General Plan because the right-of--ways are not needed for present and future
public transportation purposes,and access to any.public and private utilities will be preserved with
easements for creek accesstmaintenance, drainage, gas, electricity, telephone, communications,
access to the residential property and a bike/pedestrian pathway. The City Council must make a
determination on General Plan consistency and consider whether to adopt a "Resolution of
Intention,"which would set a public hearing to consider the final abandonment. If passed, a final
"Resolution of Abandonment" will be adopted and recorded with the County Recorder.
9-9
Council Agenda Report
ABAN 83-99(950 Olive Street)
Page 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. However,the proposed project is not a typical abandonment because the City owns
a portion of the property underlying the R/W, and approval of the R/W abandonment will create
surplus City property that must be sold in accordance with the procedures of the City's Property
Management Manual (PMM). The PMM requires that the City Council declare the property as
surplus and approve the final sale or trade of the property,based on a valid appraisal.
The Council is being asked to give staff direction on how to proceed with the sale of any City-
owned property created with the right-of-way abandonment. In staff's opinion,the applicant is the
only logical party to purchase the City-owned property because the abandonment will not create a
separate buildable lot given its small size, irregular shape and.proximity to the freeway. The CAO
recommends that the Council authorize staff to hire (at the applicant's expense) an appraiser to
assess the value of the land and direct the sale of the property in accordance with the City
procedures. Council could approve the final sale of the property after the appraisal is complete and
details have been worked out between the applicant and City staff. Final abandonment would not
become effective until the property is sold. Public Works will be the lead department in this matter.
Planning Commission Action
The City Planning Commission reviewed the R/W abandonment on December 15, 1999 and July
26, 2000. At those meetings, the Commission discussed various aspects of the project,
including: whether the public R/Ws are needed for present and future circulation needs;
continued access to any City or public utility services in the area; creek access, improvements
and maintenance; the disposition of any abandoned City-owned property resulting from the R/W
abandonment; and the applicant's plans for redevelopment of the Homestead Motel and the
abandonment area. At the July 26" meeting, the Planning Commission voted 7-0 to find the
proposed abandonment to be consistent with the City's General Plan and to recommend City
Council adoption of a Resolution of Intention to set a public hearing for consideration of the final
abandonment The Planning Commission also voted to recommend that the City Council declare
the City-owned property surplus and to direct City staff to dispose of the property consistent with
the City Property Management procedures. Attachment 5 is a copy of Planning Commission
Resolution No. 5295-00. Minutes from the July 26, 2000 hearing are included as Attachment 6.
The Planning Commission staff report is included as Attachment 7.
CONCURRENCES
The Public Works Department supports the proposed abandonment,subject to the reservation of
easements for public and private utilities (i.e., water, sewer and storm drain systems,
pedestrian/bike access, and creek assess/maintenance)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 by the City Council.
9-10
Council Agenda Report
ABAN 83-99(950 Olive Street)
Page 3
FISCAL IMPACTS
No fiscal impacts are expected with abandonment of the public right-of-ways. Fiscal benefits
include: reduced costs for roadway maintenance because there would less R/W and paving to
maintain in this location, and compensation for the City-owned property underlying the Olive
Street (former Fig Street) R/W. 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-Vicinity Map
Attachment 2- Map of Abandonment Area
Attachment 3- Ownership Map
Attachment 4- Draft Resolution"A"-Resolution of Intention to Consider Abandonment
Attachment 5-Planning Commission Resolution No. 5295-00
Attachment 6-Draft Minutes of Planning Commission meeting of July 26, 2000
Attachment 7-Planning Commission Staff Report of July 26, 2000
Bhoals/CC/ABAN83-99(Patel)
9-11
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OLIVEST. 944
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SAN LUIS OBISPO PLANNING COMMISSION
RESOLUTION NO. 5295-00
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 July 26, 2000, pursuant to a proceeding instituted under application
ABAN 83-99, Ramesh Patel, applicant.
ITEM REVIEWED:
Request to abandon portions of the Olive Street and Morro Street rights-of-ways.
DESCRIPTION:
The project is a partial abandonment of the Olive (Fig) Street right-of-way and a full
abandonment of the Morro Street right-of-way between Stenner Creek and U.S. Highway
101. A complete description is on file at the Community Development Department, City
Hall.
GENERAL LOCATION:
950 Olive 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:
Right-of-Way Abandonment Findings
1. The proposed right-0f--way abandonment is consistent with the General plan because
it will continue to service public needs with reservation of permanent easements for a
bike/pedestrian path; creek access and maintenance; public utilities; and a freeway
landscape buffer.
2. The existing public right-of-way is wider than necessary to serve public circulation,
utility and creek access/maintenance needs.
3. The street easement is unnecessary for present and prospective public use.
4 The proposed right-of-way abandonment is categorically exempt from enoiro��ental
review under Section 15301 of the Califomia Environmental Quality Act. y'1
Resolution No. 5295-00
Page 2
Disposal of Surplus Property Findings
5. That portion of the Olive Street R/W, owned by the City of San Luis Obispo, is surplus
property and is no longer need for public purposes, and disposal of said property is
consistentwith the City's General Plan.
6 According to the preliminary title report prepared by First American Title Company, the
applicant (Rajni Desai et.al.) owns all of the properties surrounding this City-owned
property and is a logical person to deal with in this matter.
7. This City-owned property is not suitable for development of public facilities or
affordable housing given its small size, irregular shape, proximity to the freeway and
encumbrances with public utilities and easements.
8. Disposition of the surplus property is exempt from the California Environmental Quality
Act.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends
that the City Council find that ABAN 83-99 is consistent with the City's General Plan and
approve the abandonment, based on the above findings and subject to following
conditions. The Planning Commission also recommends that the City Council find the
City-owned property, underlying this portion of Olive (Fig) Street right-of-way, to be
surplus property and authorize its sale or exchange at a fair market value as determined
by a certified real estate appraiser, based on above findings and subject to the following
conditions.
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; pedestrian/bike access; creek assess, maintenance and landscape buffer,
a freeway landscape buffer; and the 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 by the City Council.
2. No buildings or support structures will be allowed within the easements, other than
paving and specifically approved landscaping.
3. A lot line adjustment or lot merger shall occur prior to recordation of a finaA ' L
abandonment resolution to eliminate landlocked parcels. Any needed priv LGity
IRE
Resolution No. 5295-00 MWO
Page 3
easements and/or necessary utility service adjustments shall be provided, as
determined by the Utilities Department and Chief Building Official.
The foregoing resolution was approved by the Planning Commission of the City of San
Luis Obispo on motion by .Commr. Loh, seconded by Commr. Cooper, and on a
separate roll call vote:
AYES:. Commrs. Aiken, Cooper, Whittlesey, Ready, Peterson, Loh and Osborne
NOES: None
ABSENT: None
On a separate motion by Commr. Peterson, seconded by Commr. Aiken, the Planning
Commission unanimously voted to recommend that the City Council consider obtaining
pedestrian and bicycle access through the duplex property to the creek for the bicycle
trail as part of the negotiations associated with the disposition of the surplus property.
The Planning Commission felt that the City Council should also consider cash
compensation for the City-owned property.
Arnold B. Jonas, Secretary
Planning Commission
Dated: July 26, 2000
9-17
DRAFT
SAN LUIS OBISPO PLANNING COMMISSION
MINUTES
JULY 26, 2000
CALL TO ORDER/PLEDGE OF ALLEGIANCE:
The San Luis Obispo Planning Commission was called to order at 7:09 p.m. on
Wednesday, July 26 2000, in Council Chambers of City Hall, 990 Palm Street, San Luis
Obispo, California.
ROLL CALL:
Present: Commissioners Jim Aiken, Orval Osborne, Mary Whittlesey, Alice Loh,
Stephen Peterson, Allan Cooper, and Chairman Paul Ready
Absent: None
Staff Recording Secretary Leaha Magee, Development Review Manager
Ron Whisenand, Associate Planner Whitney Mcllvaine, and Assistant City
Attorney Gil Trujillo.
ACCEPTANCE OF THE AGENDA:
The Commission accepted the agenda as presented.
PUBLIC COMMENT ON NON-AGENDA ITEMS:
There were no non-agenda comments made.
PUBLIC HEARINGS:
1. 950 Olive Street, ABAN 83-99: Request to abandon portions of Olive and Morro
Street rights-of-way, east of Stenner Creek and west of Highway 101; C-T zone,
Nipool Patel, applicant.
Associate Planner Whitney Mcllvaine presented the staff report and recommended that
the Planning Commission 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; and find that the City-owned land underlying
the Olive (Fig) Street right-of-way is surplus property and recommend that City Council
authorize its sale or exchange in accordance with City Property Management
procedures.
Commr. Peterson noted the applicant offered to give the City the creek area as a
dedication as compensation for this abandonment, but staff did not support this offer.
Associate Planner Mcllvaine stated there were concerns from the Public Works
9-18
Draft Planning Commission K .rtes
July 26, 2000
Page 2
Department about accepting areas of the offer of dedication because there are buildings
at the top of bank.
Manager Whisenand stated maintenance and liability issues are primary concerns.
Commr. Peterson asked if the site plan is provided solely for information.
Manager Whisenand replied yes.
Commr. Loh had staff review the current zoning of the city-owned property, the Caltrans
right-of-way, and the Public Works Department recommendation of an easement for
pedestrian and bicycle circulation and creek/open space access, and the Utilities
Department's future easement needs to accommodate wastewater lines and facilities.
Commr. Osborne asked if there is currently a bicycle or pedestrian pathway in this area.
Associate Planner Mcllvaine replied no, there are no specific plans at this time, but an
easement reservation is recommended.
Commr. Cooper noted the lack of freeway landscaping in the Caltrans right-of-way .
Commr. Aiken had staff comment on the previous comments made by former Commr.
Jeffrey regarding the public benefit relating to this request.
There were no further comments or questions and the public comment session was
opened.
PUBLIC COMMENTS
Rob Strong, applicant's representative, reviewed prior ownership of the property and
accepted the staff recommendation. He clarified the location of the Fig Street right-of--
way on staffs map, explaining that when the freeway was developed, the State required
some private properties to connect the segment of Fig Street adjacent to Morro Street
with a road that still remains, and is a segment of Osos Street connecting to Olive
Street. He stated that any public purpose, both now and in the future, could be secured
by appropriate easements. He felt that if abandonment were not recommended, the
applicant would be inclined to develop the remaining Homestead Motel site with
frontage on Olive Street, developed to City street standards which would perpetuate an
inappropriate condition. Mr. Strong noted that last December, the Planning Commission
requested the development plan. He felt it is clear that there is no public street purpose
now or in the future, and the City should abandon the right-of-way.
Commr. Whittlesey had Mr. Strong review the original alignment of Olive and Fig
Streets. Mr. Strong stated the applicant is seeking fee title of the entire former street
from the City, and that they would like to relocated and underground the overhead
utilities. He noted the rest of the right-of-way could be retained by the City for creek
maintenance or public access.
9-19
Draft Planning Commission M. es
July 26, 2000
Page 3
Commr. Cooper had Mr. Strong clarify the location of landscaping that would be
preserved.
Commr. Aiken asked if the existing duplex and garage would be rehabilitated.
Mr. Strong stated the intent is to leave everything south of Morro Street alignment as is.
Commr. Loh commented on the applicant's benefit of using open space/creek area
square footage to calculate more building coverage.
Commr. Osborne expressed difficulty in seeing any public or city benefit of this
proposal.
Mr. Strong commented on the expenses that the City incurs by retaining a street that
serves only a single owner. He stated the applicant would protest selling this property
to anyone else because it would land lock the property.
Seeing no further speakers come forward, the public comment session was closed.
COMMISSION COMMENTS
Commr. Loh moved to 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 as recommended by staff, with the a change
to Finding 1 to reflect "...creek access and creek buffer and landscaping and
maintenance and public utilities." Commr. Cooper seconded the motion.
Commr. Loh recommended that the ARC consider bicycle and pedestrian circulation,
especially from Olive Street to Chorro Street.
Commr. Peterson recommended that the City Council seek to maintain an easement
through the duplex parcel connecting all the way to the creek and that cash values to
the fee title property be considered.
Commr. Loh amended the motion to have Condition 1 reflect "...must be reserved for
public water, sewer and storm drain systems pedestrian/bike access, creek access and
freeway landscape buffer." Commr. Cooper accepted the amendment to the motion.
Chairman Ready referred to Finding 6 and stated he felt the Commission had not been
presented with sufficient facts to make the conclusion that the applicant is "the" only
logical person to deal with this matter. He suggested striking "the" and replacing it with
"a".
Commissioners Loh and Cooper amended to motion to reflect Chairman Ready's
concern.
Commr. Whittlesey asked if the motion considers both the surplus nature as well as the
General Plan conformity in one motion. 9-20
STRONG PLANNING SERVICES
April 21, 1999
Mr. Mike McCluskey, Director
Public Services Deparbnent
CITY OF SAN LUIS OBISPO
955 Morro Street
San Luis Obispo, CA 93401
Attn: Mr. Jerry Kenny and Mr. Arnold Jonas
RE: Abandonment of Morro and Olive Streets
Dear Mr. McCluskey:
Thank you for meeting with me on April 12 to discuss the proposed abandonment of
Olive(Fig) Street and Morro Street rights-of-way west of Freeway 101 (see enclosed map). My
clients,the Patels, have purchased the Econolodge,the former Homestead Motel property and
the two duplexes at the end of this dead-end frontage road. This consolidates all of the private
properties east of Stenner Creek and west of Freeway 101, enabling this street abandonment
request
The Monro Street right-of-way is currently committed to creek and storm drain channel
which serves Caltrans culverts under Freeway 101 outlet to Stenner Creek. The former Fig street
alignment:, now Olive Street:, is paved but generally lades any frontage improvements southwest
of the ramps and serves as access only to the Homestead Motel and former Jones property. We
intend to redevelop boor with a new motel and off-street parting,subject to these street
abandonment's,with access driveway on Olive Street east of the Eoonokxige.
I am requesting title reports on all three private properties southwest of Freeway 101
ramps and east of Steiner Creek and will submit them to the Gly with the formal application and
filing fee.
This redevelopment should be a major improvement to the east bank of Stenner Creek
and the tourist-serving comnwxdal complex at this central interchange with Freeway 101. It will
eliminate an obsolete and confusing dreulation and maintenance problem while enabling portions
of the former rights-of-way to be rammed to productive private use.
Please call me if I can provide further infor riation for the City Council to initiate the
requested street abandonment process. We appreciate your assistance with this request.
Rob ng, AI
enclosure
cc: Ramesh Patel
Arnold Jonas
9-21
444 HIGUERA ST.. STE. 202 • SAN Luis OBISPO.CA 93401 - (805) 542-9150 • FAX(805) 542-0902
C ITS
Any willful abridgement of any provision of
_..iemorandum as required above, shall be considered a
misdemeanor.
SECTION 905. Progress Payments.
Any contract may provide for progressive payments if the ordinance or resolution
authorizing such work includes such a provision. No progressive payments may be provided
for or made at any time which with prior payments, if there have been such, shall exceed
in amount at any time ninety percent (9001o) of the value of the labor done and the materials
used up to that time, and no contract shall provide for or authorize or permit the payment
of more than ninety percent (90%) of the contract price before the completion and
acceptance of the work.
SECTION 906. Sale or Lease of City Property.
The following regulations shall be applicable to City-owned property: No sale or
lease of real property nor any sale of personal property of a value in excess of one hundred
dollars ($100.00) nor any lease of personal property for a period exceeding three (3) years
shall be authorized by the Council except by resolution passed by the affirmative vote of
three-fifths (3/5) of all the members of the Council.
SECTION 907. Exemptions.
Nothing in this article shall be construed to apply to the acquisition or purchase of
natural gas, telephone service, electricity, electric power or electric energy by the City for
any use or purpose.
SECTION 908. Development of Annexed Lands.
Lands annexed to the City may only be developed at a time and in a manner
consistent with the General Plan adopted by the City and as may be amended from time to
time by the Council. (Amended November 5, 1985 - Measure "E".)
ARTICLE X. LICENSES AND FRANCHISES
SECTION 1001. Granting of Franchises.
The City Council is empowered to grant by ordinance a franchise to any person, firm
or corporation, whether operating under an existing franchise or not, to furnish the City and
its inhabitants with transportation, communication, terminal facilities, water, light, heat,
power, refrigeration, storage, or any other public utility of public service, and to use the
public streets, ways, alleys, and other places, as the same now or may hereafter exist, for the
construction and operation of plants, works, or equipment necessary or convenient for
traversing any portion of the City for the transmitting or conveying of any service elsewhere.
The City Council may prescribe the terms and conditions of any such grant. It may also
provide, by procedural ordinance, the method of procedure and additional terms and
conditions for making such grants, subject to provisions of this Charter.
16
9-22
Council Agenda Action Update Tuesday, October 3, 2000
CONSENT AGENDA
The Consent Agenda is approved on one motion. Council Members may pull consent .items to be
considered after Business items.
C1. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2248, A 16-
LOT SUBDIVISION ON EL CAPITAN WAY, EAST OF SOUTH BROAD
STREET (KELLY GEARHART, SUBDIVIDER). (MCCLUSKEY/KENNY— 202-
04)
RECOMMENDATION: Adopt a resolution accepting the public improvements for Tract
2248.
ACTION: Resolution No. 9101 adopted(5:0).
C2. REQUEST FOR PARTIAL ABANDONMENT OF THE OLIVE STREET
(FORMERLY FIG STREET) RIGHT-OF-WAY AND FULL ABANDONMENT OF
THE MORRO STREET RIGHT-OF-WAY BETWEEN STENNER CREEK AND
U.S. HIGHWAY 101 (ABAN 83-99, APPLICANT - RAMESH AND NIPOOL
PATEL). (WHISENAND/SHOALS — 812-07)
RECOMMENDATION: 1) Adopt a resolution to consider abandonment subject to a
purchase agreement requiring the applicant to obtain City-owned property at fair market
value, and set a public hearing for November 21, 2000. 2) Authorize staff to hire an
appraiser to assess the value of the City-owned property and direct the sale of the
property in accordance with the procedures of the City's Property Management
Manual.
ACTION. 1) Resolution No. 9102 adopted. 2) Approved. (5:0)
C3. AUTHORIZE WATER AND WASTE WATER TREATMENT CHEMICAL BIDS.
(MOSS/MARKS — 704-06)
RECOMMENDATION: Approve an Invitation for Bids (IFB) package for 2001-2002
Water Treatment Plant and Water Reclamation Facility chemicals, Specification No.
90169. 2) Authorize staff to solicit bids. 3) Authorize the City Administrative Officer to
award the contract to the lowest responsible bidder(s), if the bid is within the staff cost
estimate and authorize the City Administrative Officer to extend the contract for an
additional year if the chemical cost increases are within the cost of living increase.
ACTION. Approved(5:0).
9323
A92�_ Pno� 4_
RESOLUTION NO.9102 (2000 Series)
CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF
INTENTION TO ABANDON A PORTION OF THE OLIVE STREET
(FORMERLY FIG STREET) RIGHT-OF-WAY AND TO ABANDON THE
FULL MORRO STREET RIGHT-OF-WAY,BETWEEN STENNER
CREEK AND U.S. HIGHWAY 1019 (ABAN 83-99)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on July 26, 2000, for the purpose of making a General Plan determination and
formulating a recommendation to the City Council on a request for partial abandonment of the
Olive Street (formerly Fig Street) right-of-way (R/W) between Morro Street and the U.S. 101
southbound onramp, and for a full abandonment of the Morro Street R/W between Stenner Creek
and U.S. Highway 101;
WHEREAS,a title report prepared by First American Title Company shows that the City
of San Luis Obispo has fee ownership of land underlying a portion of the Olive Street R/W, and
the City has received a request to sale or trade said property; and
WHEREAS, the sale or trade of City-owned property must be done in accordance with
the City Charter (Section 906),the California Government Code (Sections 54222 and 65402) and
the procedures of the City's Property Management Manual; 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 and direct the sale of the City-owned property, based on
findings, and subject to conditions as indicated in Planning Commission Resolution 5295-00,
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 the above-referenced public right-of-ways 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 it will
continue to service public needs with reservation of permanent easements for a bike/pedestrian
path,creek assess and maintenance, and public utilities.
9-249102
City Council Resolution Nv . 9102 (2000 Series)
Page 2
2. The existing public right-of-way is wider than necessary to serve public circulation, utility and
creek access/maintenance needs.
3. The street easement is unnecessary for present and prospective public use.
4 The proposed right-of-way abandonment is categorically exempt from environmental review
under Section 15301 of the California Environmental Quality Act.
5. According to the title report prepared by First American Title Company,Rajni Desai et.al. owns
all of the properties surrounding this City-owned property and is the most logical party to
purchase the property because the abandonment will not create a separate buildable lot given
this property's small size,irregular shape and proximity to the freeway.
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,
pedestrian/bike access, creek assess and maintenance; and the 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 by the City Council.
2. No buildings or support structures will be allowed within the easements, other than paving
and specifically approved landscaping.
3. A lot line adjustment or lot merger shall occur prior to recordation of a final abandonment
resolution to eliminate landlocked parcels. Any needed private utility easements and/or
necessary utility service adjustments shall be provided, as determined by the Utilities
Department and Chief Building Official.
4. The applicant shall enter into an agreement to purchase the City-owned property at a fair market
value based on valid appraisal. Final abandonment shall become effective upon the sale or
trade of any City-owned property underlying the public right-0f--way.
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, November 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.
9-25
City Council Resolution No. 9102 (2000 Series)
Page 3
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.
On motion of Council Member Romero, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 3`a day of October 2000.
Mayor AS Settle
An! � 1
City Clerk Lee Price
APPROVED:
i tto ey J rey . Jorgensen
Attachment:
Exhibit"A" - Street right-of-way Abandonment Map
9-26
Res.oluti:-a No. 9102 (2000 Series) ,
Exhibit "A"
ABANDONMENT AREA
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