HomeMy WebLinkAbout03/15/2005, C2 - CONSIDERATION OF A REQUEST FOR ABANDONMENT OF AN EXCESS PORTION OF RIGHT OF WAY ADJACENT TO LOOMISS I 1�
Council.
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CITY O F SAN LUIS O B I S P O
FROM; John Mandeville,Community Development Direct
Prepared By: Phil Dunmore,Associate Planner
SUBJECT: CONSIDERATION OF A REQUEST FOR ABANDONMENT OF AN EXCESS
PORTION OF RIGHT OF WAY ADJACENT TO LOOMIS STREET
FORMERLY KNOWN AS SAN JUAN DRIVE;ABAN 155-04, Damien Mavis.
CAO RECOMMENDATION
As recommended by the Planning Commission, adopt a Resolution of Intention to consider
abandonment of the street right-of-way(R/W) and set a public hearing for May 3, 2005.
DISCUSSION
Situation
In conjunction with a lot lineadjustment application, the City received an application for an
abandonment of an undeveloped road right of way adjacent to Loomis Street. The excess right of
way bordering Loomis Street is actually a "paper street" known as San Juan Drive. This
undeveloped right of way is a thirty foot wide strip of land contiguous with Loomis Street (see
Attachments 1 and 2). The original purpose of the right of way was to establish a secondary access
road to lots that originally had frontage on Hwy 101 (Loomis Street). Since Loomis Street is no
longer Hwy 101, and the secondary road was never developed, the right of way no longer serves a
purpose.
If the Council agrees that the right of way should be abandoned, the Council needs 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 Planning Commission reviewed the proposed abandonment on February 9, 2005 and
unanimously recommended approval of the abandonment finding that it is consistent with the
City's General Plan. Attachment 3 is a copy of the Planning Commission Resolution, minutes
from the hearing are included as Attachment 4 and the staff report is included as Attachment 5.
CONCURRENCES
The Public Works Department supports the proposed abandonment since there is no intention to
develop the excess right of way in the future. The Utilities Department supports the
Col
Council Agenda Report -
ABAN 155-04(Loomis/San Juan)
Page 2
abandonment with a condition to preserve a thirty foot wide easement for an existing sewer main
within the right of way.
FISCAL IMPACTS
No fiscal impacts are expected with abandonment of the public right-of-way. The underlying
property is not currently owned in fee by the City and the property would revert back to adjacent
property owners.
ALTERNATIVES
1. The Council could 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 could 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-Planning Commission Resolution
Attachment 4 Draft Minutes of Planning Commission meeting of February 9, 2005
Attachment 5-Planning Commission Staff Report of February 9, 2005
Attachment 6- Draft Resolution"A" - Resolution of Intention to Consider Abandonment
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r Attachment 3
RESOLUTION NO. 5413-05
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE CITY
COUNCIL ABANDONMENT OF SAN JUAN DRIVE
ABAN 155-04 (Mavis)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
February 9, 2005 for the purpose of considering application ABAN 155-04, a request to abandon
a road right of way known as San Juan.Drive; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the City Council of the City of San Luis Obispo regarding the abandonment;
and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
Section 1. Findings. Based upon all the evidence, the Commission makes the following
findings in support of the abandonment of San Juan Drive (from the southerly prolongation of
easterly sideline of Santa Ynez Avenue having a bearing of N3°43'E; to the Northerly terminus
of San Juan Drive as shown of the Map of Monterey Heights, recorded in Book 3 at Page 66 of
Maps in the office of the San Luis Obispo County Recorder on September 23, 1925) as a
recommendation to City Council.
Findings
1. The proposed right-of-way abandonment is consistent with the General plan because it is
no longer needed for public purposes.
2. Development of the right of way as a road would cause unnecessary significant site
impacts and serve no reasonable purpose since each property fronting the right of way
can already gain access from other existing streets.
3. The right-of-way abandonment will benefit the general public by eliminating an unused
right of way and eliminating the City's costs for maintaining infrastructure within the
right of way.
4. The proposed right-0f,--way. abandonment is categorically exempt from environmental
review under Section 15301 of the California Environmental Quality Act.
Attachment 3
Resolution 5413-05,2318 Loomis Street
Section 3. Recommendation. The Planning Commission does hereby recommend to the
City Council a consideration to abandon San Juan Drive; subject to the following conditions and
code requirements.
1. The abandonment shall be recorded prior to or concurrently with the Final Lot Line
Adjustment proposed for the property at 2318 Loomis Street.
2. Dedication of a 30 foot wide easement for,any existing or future sanitary sewer and
public utilities over the entire abandonment area. The easement shall be recorded
concurrent with or prior to recordation of the City Council resolution abandoning San
Juan Drive.
3. Construction of"all-weather" access to all sewer manholes or clean-outs in the area of
abandonment,prior to recordation of City Council resolution abandoning San Juan Drive.
4. Prepare all required pictorial exhibits and/or legal descriptions necessary to complete the
abandonment process shall be provided by the project applicant to the satisfaction of the .
Public Works Director. All exhibits and/or legal descriptions shall be prepared by a
Licensed Land Surveyor or Civil Engineer who is authorized to practice Land Surveying,
in accordance with the California Business and Professions Code Section 8700 et seq.
Code Requirements
1. Each parcel is to have its own separate water and wastewater service laterals. Existing
water and sewer services shall be properly relocated and resized, if necessary, to ensure
that each parcel is appropriately served in accordance with City standards. Any
remaining or redundant service laterals shall be properly abandoned at the main.
2. A public gravity sewer exists in the area proposed for abandonment. The entire area
proposed.for abandonment shall be reserved for public utility purposes.
On motion by Commissioner Christianson, seconded by Commissioner Aiken and on the
following roll call vote to wit:
AYES: Christianson, Aiken,Boswell; Osborne, Miller
NOES:
REFRAIN:
ABSENT: Caruso
The foregoing resolution was passed and adopted this 15 day of February, 2005.
_ Ron Whi enand, Se6retary
Pldnning Commission =
C.
_J Attachment 4
Draft
SAN LUIS OBISPO
PLANNING COMMISSION MINUTES
February 9, 2005
CALL TO ORDERIPLEDGE OF ALLEGIANCE:
The San Luis Obispo Planning Commission was called to order at 7:20 p.m. on
Wednesday, February 9, 2005, in the Council Chamber of City Hall, 990 Palm Street,
San Luis Obispo.
ROLL CALL:
Present: Commrs. Andrea Miller, Orval Osborne, Michael Boswell, Carlyn
Christianson, and Jim Aiken
Absent: Chairperson James Caruso and Commr. Alice Loh
Staff: Associate Planner Phil Dunsmore, Deputy Director Ronald Whisenand
and Recording Secretary Irene Pierce
ACCEPTANCE OF THE AGENDA
The agenda was amended at the request of the Deputy Director, that Item 2 be heard
first.
APPROVAL OF THE MINUTES:
The Minutes of January 12, 2005 were approved as presented.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
There were no comments made from the public.
PUBLIC HEARING ITEMS:
1. 2318 Loomis Street. ABAN 155-04: Request to abandon an excess portion of
Loomis Street (formerly San Juan Drive); R-1-S zone; Damien Mavis, applicant.
(Phil Dunsmore)
Associate Planner Philip Dunsmore presented the staff report recommending the
Planning Commission find that the right-of-way abandonment is consistent with the
General Plan and recommend that the City Council approve the abandonment with
findings and conditions.
C�
Planning Commission Minutes'_ AttaChiil@nt 4
February 9, 2005
Page 2
PUBLIC COMMENTS:
There were no comments made from the public.
COMMISSION COMMENTS:
Commr. Christianson moved the staff recommendation. Seconded by Commr. Aiken.
AYES: Commrs. Christianson, Aiken, Miller, Osborne, and Vice-Chair Boswell
NOES: None
ABSENT: Commr. Loh and Chairperson Caruso
ABSTAIN: None
The motion carried on a 5:0 vote.
2. 3045 Rockview Place. TR MOD 43-02: Request to modify a tentative tract map and
allow common interest subdivision of 4 residential lots plus a common open space
lot; R-2-S zone; John Mitchell, applicant. (Phil Dunsmore)
Deputy Director Ronald Whisenand presented the staff recommending that the Planning
Commission refer this item back to the Community Development Director for
administrative approval.
PUBLIC COMMENTS:
There were no comments made from the public.
COMMISSION COMMENTS:
Since the project involved only a minor adjustment to the boundaries of the common
interest subdivision, the Planning Commission referred the item back to the Community
Development Director for action.
Commr. Aiken moved the staff recommendation. Seconded by Commr. Christianson.
AYES: Commrs. Aiken, Christianson, Miller, Osborne, and Vice-Chair Boswell
NOES: None
ABSENT; Commr. Loh and Chairperson Caruso
ABSTAIN: None
The motion carried on a 5 : 0 vote.
COMMENT AND DISCUSSION:
3. Staff:
A. Agenda Forecast:
Attache dent 4
Planning Commission Minutes
February 9,2005
Page 3
Deputy Director Whisenand gave an agenda forecast of upcoming agenda items.
5. Commission:
Commr: Osborne commented that the rate of commercial growth is causing trouble with
the city and suggested they review this problem.
ADJOURMENT:
With no further business before the Commission, the meeting adjourned at 7:40
p.m. to the next regular meeting scheduled for February 23, 2005, at 7:00 p.m. in
Council Chamber.
Respectfully submitted by
Irene Pierce
Recording Secretary
�a2
j A'tachment 5
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION STAFF REPORT ITEM#1
BY: Philip Dunsmore, Associate Planner(805)781-7522 MEETING DATE: February9, 2005
FROM: Ronald Whisenand,Deputy Director,Community Developmer!
FII.E NUMBER: ABAN 155-04
PROJECT ADDRESS: 2318 Loomis Street
SUBJECT: Request for abandonment of an excess portion of right of way adjacent to Loomis
Street formerly known as San Juan Drive.
SUMMARY RECOMMENDATION:
Find that the right-of-way abandonment is consistent with the General Plan and recommend that the
City Council approve the abandonment with findings and conditions.
BACKGROUND
Situation
The City received an application for an abandonment of an undeveloped road right of way adjacent
to Loomis Street. The applicant is interested in pursuing the abandonment in.order to complete a lot
line adjustment for existing lots at the corner of Santa Ynez and Loomis Streets. The site currently
consists of three non-conforming lots that extend up the hillside between Santa Ynez and Loomis
(Attachment 3). The applicant is interested in merging one of the lots and adjusting the boundaries
to create two conforming lots (Attachment 4). In order to create two conforming lots, and to create
two reasonable building sites, additional lot area is needed for the comer lot. The excess right of
way bordering Loomis Street is actually a "paper street" known as San Juan Drive. This
undeveloped right of way is a thirty foot wide strip of land contiguous with Loomis Street (see
Attachments 1 and 2).
The Planning Commission's role is to review the proposed street abandonment for consistency with
the City's General Plan and to make a recommendation to the City Council. The Planning
Commission should be aware that the California. Streets and Highways Code require a street
vacation (abandonment) be done in the interest of the public and not an individual property owner.
Although the applicant is interested in abandoning only the right of way fronting the subject
property, the City is interested in abandoning the remaining portion of right of way adjacent to the
west side of Loomis Street within seven properties ranging from 2318 Loomis to 2390 Loomis.The
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: Damien.Mavis
Property Owner: Damien Mavis
Representative: Applicant
C;2 ��
ARAN 15.5-04 Attachment 5
Loomis Street(formerly San Juan Drive) abandonment
Page 2
Zoning: R-1-S
General Plan Designation: Low Densiy Residential
Environmental Status: Categorically exempt under Class 1, Existing Facilities (Section 15301.
(c) of CEQA Guidelines).
Site Description
The total area of abandonment is approximately 21,410 (see attachments 1 and 2). The project area
is bounded by Highway 101 and Cuesta Park to the east, and developed residential properties to the
north and west. A new residence is currently under construction directly above the subject property
at 2306 Santa Ynez.
Proiect Description
The proposed project is a General Plan consistency.determination on a requested abandonment of a
public right-of-way known as San Juan Drive(see Attachment 1, Vicinity map). If the abandonment
is successful,the proposed lot line adjustment will be considered under separate review.
EVALUATION
History of Loomis Street excess right of way
When Loomis Street was actually a part of Highway 101 in the 1920's, the Monterey Heights
residential tract was created. As part of the subdivision, the developer offered a thirty foot wide
portion of right of way, formerly known as San Juan Drive, as a frontage road parallel to the
highway. The intention was to allow separate access to residential sites in lieu of direct highway
access.The road was never constructed and remained as fee ownership to the underlying properties.
Since Loomis Street is no longer a portion of Highway 101, and was relinquished to the City from
Cal Trans many years ago, the remaining excess right of way parallel to Loomis Street serves no
purpose other than for utility services. The thirty foot wide right of way remains as a"paper street'
at the north edge of Loomis Street within a steeply sloped embankment.
Evaluation Criteria
In order to abandon the right-of-way, the California Streets and Highways Code require 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. 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.
Ca�l
ABAN 155-04 Attachment 5
Loomis Street(formerly San,)uan Drive)abandonment
Page 3
1. Future Circulation Needs
The General Plan Circulation Element designates Loomis Street as a local street, however the
additional unused right of way is not identified. The abandonment does not conflict with future
circulation needs since the excess right of way is essentially a hillside property that is contiguous to
Loomis Street. According to the General Plan, there are no plans to extend or widen Loomis Street
north to connect with additional properties. The street currently ends at a private property at the City
Limits adjacent to Cuesta Park. Based on this information, and as agreed by the City Public Works
Division, it can be concluded that this right-of-way is not planned for any future roadway
improvements. Since most of the right of way is located on a steeply sloped embankment,
development of the right of way would be a significant engineering challenge and probably
infeasible without significant environmental impacts.
2. Public Utilities
If the Council determines that the right of way should be abandoned, easements must be reserved
for public and private utilities to the satisfaction of the City and the respective utility companies.
These easements will insure that.the affected local utilities retain rights to repair and service their
facilities within the area proposed for abandonment.
The Public Works Department supports the proposed abandonment, subject to reservation of
necessary easements. Since an existing sewer line exists within the right of way, it is
recommended that the easement be reserved to allow the sewer line to remain.
The Utilities Department supports abandoning the right of way if a thirty foot wide easement is
retained for public utilities purposes. A public sewer line currently exists within the right of way.
The right of way abandonment proposal was sent to the local utility companies for their review'and
comment. Utility companies did not have any comments on the proposed abandonment. Other
interested parties, including utility companies, will be given another other opportunity to comment
during the abandonment process prior to final City Council approval.
Staff finds that the proposed right of way abandonment will not adversely impact existing or future
public utilities in the immediate area or in the City as a whole provided the required easements are
dedicated. It is important to note that the applicants development plans will not conflict with
existing utilities or the proposed easement.
3. Disposition of Abandoned Right-of-Way
Unless the right of way is owned in fee by the City the underlying property reverts back to the
adjacent property owners when it is abandoned. According to the Lot Book Guarantee documents
presented by the applicant, and verified by the City Public Works Division, the right of way is not
owned by the City,and would be reverted back to adjacent property owners if it is abandoned.
C��Z
ABAN 155-04
A`tachment 5
Loomis Street(formerly San Juan Drive)abandonment
Page 4
OTHER DEPARTMENT COMMENTS
The Public Works Department's comments address the reservation of easements and
infrastructure maintenance responsibilities. The Utilities Department's comments address
existing wastewater facilities. These department's comments have been included as conditions
of approval.
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 further information needed.
ATTACHMENTS
Attachment 1 - Vicinity Map/Map of Abandonment Area
Attachment 2- Aerial photo of project area and right of way.
Attachment 3- Assessors Parcel map showing existing lots at Loomis and Santa Ynez.
Attachment 4- Applicants proposed lot line adjustment(under separate process)
Attachment 5 - Planning Commission Resolution
Attacht-nent 6
RESOLUTION NO. (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO OF INTENTION TO ABANDON.THE ENTIRE 30 FOOT WIDE
SAN JUAN DRIVE RIGHT-OF-WAY,ADJACENT TO LOOMIS
(ABAN 155-04)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on February 9, 2005 for the purpose of making a General Plan determination and
formulating a recommendation to the City Council on a request for abandonment of excess right
of way adjacent to Loomis Street known as San Juan Drive;
WHEREAS, research of the title report shows that the City of San Luis Obispo does not
have fee ownership of land underlying the Street R/W; 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, 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 San Juan Drive (from the southerly prolongation of easterly sideline of Santa
Ynez Avenue having a bearing of N3°43'E, to the Northerly terminus of San Juan Drive as
shown of the Map of Monterey Heights, recorded in Book 3 at Page 66 of Maps in the office of
the San Luis Obispo County Recorder on September 23, 1925) and 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 and code requirements:
Findings
1. The proposed right-of-way abandonment is consistent with the General plan because it is no
longer needed for public purposes.
2. Development of the right of way as a road would cause unnecessary significant site impacts
and serve no reasonable purpose since each property fronting the right of way can already
gain access from other existing streets.
3. The right-of-way abandonment will benefit the general public by eliminating an unused
right of way and eliminating the City's costs for maintaining infrastructure within the right
of way.
c;z�H
City Council Resolution No. - ` (2005 Series) Attachment 6
ABAN 155-04(Loomis/San Juan Drive)
Page 2
4. The proposed right-of-way abandonment is categorically exempt from environmental
review under Section 15301 of the California Environmental Quality Act.
Conditions
1. The abandonment shall be recorded prior to or concurrently with the Final Lot Line
Adjustment proposed for the property at 2318 Loomis Street.
2. Dedication of a 30 foot wide easement for any existing or future sanitary sewer and public
utilities over the entire abandonment area. The easement shall be recorded concurrent
with or prior to recordation of the City Council resolution abandoning San Juan Drive.
3. Construction of "all-weather" access to all sewer manholes or clean-outs in the area of
abandonment, shall be completed prior to recordation of City Council resolution
abandoning San Juan Drive.
4. Prepare all required pictorial exhibits and/or legal descriptions necessary to complete the
abandonment process shall be provided by the project applicant to the satisfaction of the
Public Works Director. All exhibits and/or legal descriptions shall be prepared by a
Licensed Land Surveyor or Civil Engineer who is authorized to practice Land Surveying,
in accordance with the California Business and Professions Code Section 8700 et seq.
Code Requirements
1. Each parcel is to have its own separate water and wastewater service laterals. Existing
water and sewer services shall be properly relocated and resized, if necessary, to ensure
that each parcel is appropriately served in accordance with City standards. Any
remaining or redundant service laterals shall be properly abandoned at the main.
2. A public gravity sewer exists in the area proposed for abandonment. The entire area
proposed for abandonment shall be reserved for public utility purposes.
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, May 3, 2005, 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.
e2-yS
City Council Resolution No. - ' (2005 Series) Attachment 6
ABAN 155-04(Loomis/San Juan Drive)
Page 3
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 seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this th day of 2005.
Mayor Dave Romero
ATTEST:
City Clerk Audrey Hooper
APPROVED:
C' mey Jonathan Lowell
Attachment:
Exhibit "A" - Street right-of-way Abandonment Map
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