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HomeMy WebLinkAbout11/01/2005, C7 - REQUEST FOR ABANDONMENT OF AN UNDEVELOPED PORTION OF RIGHT OF WAY AT THE TERMINUS OF RUTH STREET AT 4 � council _/1 _6_s j aGEnaa aepoin CIT-Y -0 FSAN LUIS OBISPO FROM: John Mandeville,Community Development Direcr Prepared By: Phil Dunmore,Associate Planner SUBJECT: REQUEST FOR ABANDONMENT OF AN UNDEVELOPED PORTION OF RIGHT OF WAY AT THE TERMINUS OF RUTH STREET AT IRIS STREET; ABAN 125-05,PRESTON THOMAS. 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 January 3,2006. DISCUSSION Situation The City received an application for an abandonment of an undeveloped road right of way at the end of Ruth Street north of Iris Street. The owner of an adjacent property at 1204 Iris Street has initiated the abandonment request. This undeveloped right of way is a 60 by 150 foot strip of land between 1204 and 1156 Iris Street (see Attachments 1 and 2). Undeveloped portions of Ruth Street further to the north were previously abandoned. 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 September 28, 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 and the staff report is included as Attachment 4. Required Findings In order to abandon the right-of-way, the California Streets and Highways Code requires the City Council to determine whether the abandonment is consistent with the City's General Plan. The Streets and Highways Code also requires a street vacation (abandonment) be done in the interest of the public and not an individual property owner. 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 C7-� Council Agenda Report ABAN 125-05 (Iris/Ruth) Page 2 - any City or public utility services and improvements needs to be properly preserved. The Planning Commission found that the abandonment would be in the public interest and that it is consistent with General Plan Policy(see Attachment 3,Planning Commission Resolution). CONCURRENCES The Public Works and Utilities departments support the proposed abandonment as conditioned to provide public facility easements. P, G &E also supports the abandonment provided an easement is maintained for the overhead electrical utilities. The owners of the French Hospital property that would be served by the extension of Ruth Street (if it were ever improved) support the proposed abandonment. (see Attachment 5). 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 publicpurposes, 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 Planning Commission Staff Report of February 9; 2005 Attachment 5- Letter from French Hospital property owner Attachment 6-Draft Resolution"A' - Resolution of Intention to Consider Abandonment G:\Pdunsmore\Abandonments\125-05(Iris)\ABAN 125-05 CCrpt(Iris).doc c � -a ,moi ;; I � ✓ rir , 1 , Ir i iii • ',. ,�"�,.� , 7 ;r' AdmL - - - - EXHIBIT " C ' _ CHURCH ST i I CIO 3007100010 60.00 6 �� 60'.X 150'.ABANDONMENT �J v EXHlBlF A" X � 2 rq Vi 17 o 18 N531771000E 60..00' - IRIS (FML Y UPHA,M) ST 60' E_\2004 Survey\Ruth Street Abandonment\Survey\Drowings\EWbit.dwg, EXHIBIT C. Nov 04,_2004• 9:57cm, SESiskey - .. RRM DESIGN GROUP PLAT VIS *Af "#WA4 p"p& pop RUTH STREET ABANDONMENT 3765 SouthHiguero Street, Suite 162• San Luis Obispo, Californio 93401 C-7 — 1 , Phone: 805/543-1794" Fox: 805/543-4609 P'irww.rrmdesign.00m - __ .aaaaa a nwo,Jwv what Ra 36M tS GM,rmiad a SWntok PLS 5M- - _ DATE:-_11-3-04 SCALE: 1 =50' 4d 1 die EXlow-- !! -- !! HIBIT D CHURCH S r 55J*07'OC V 60.00 ' �a O 17 2 o 0 0 7 8 16_' UTILITY RESERVA770_N - - - .EXHIBIT 'B' NW-07101T 60.00' — ) — I — Q) RIs (F'ML Y UPHAM) ST 0 L-\2004 Survey\Ruth Street Abandonment\Survey\Drdwings\Exhibitdwg, EXHIBIT D_Nov 04, 2004 -1a04am, SESiskey R -RM--- DESIGN GROU-P - -- - PLAT VItNOMftelt# PWjV& ""T!'7r RUTH STREET ABANDONMENT ""('^' "'TJ�7� 16 RESER 3765 South H' _ _ �guera Street„ Suite 102 San. Luis Obispo, Californid 9340.1 Phone: 805/543=1794• Fmc 805%543-4609•www.rrmdes*.eom --- -- Me W**mn 469 a 11M-Amy Yidm_N�.:RCE 35M LS 6=i WdviW IL' _. - Pis 5702 DATE:11-3=04. ,. -SCALE: V'aS '- Attachment 3 RESOLUTION NO. 5427-05 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL ABANDONMENT OF A PORTION OF RUTH STREET ABAN 125-05 (THOMAS) 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 September 28, 2005 for the purpose of considering application ABAN 125-05, a request to abandon an undeveloped portion of Ruth Street; 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 a portion of Ruth Street (as described in Exhibit A) as a recommendation to City Council. 1. The proposed right-of-way abandonment is consistent with the General plan because it is no longer needed for present or future public purposes. 2. Development of the right-of-way as a public street could create significant environmental impacts and serve no reasonable public 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-of-way abandonment is categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act. C � ^5 C Attachment 3 Resolution No. 5427-05 Page 2 Section 2. Recommendation. The Planning Commission does hereby recommend to the City Council a consideration to abandon a portion of Ruth Street, subject to the following conditions and code requirements. 1. Dedication of a 20-foot wide easement for any existing or future public or private utilities over the abandonment area. The easement shall also allow for egress ingress into all properties abutting the abandonment area. The easement.shall be recorded concurrent with or prior to recordation of the City Council resolution abandoning the street. 2. P G &E.shall reserve the right.to install, maintain, repair, operate, replace, remove and renew lines of wires, poles, and other structures, equipment and fixtures both above ground and _underground for the operation of said facilities in the abandoned portion of right of way.. 3. 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. 4. Informational note: although the abandonment may result in additional property to be deeded back to adjacent contiguous properties, the abandonment does not constitute creation of a separate lot or a potential future subdivision. On motion by Commissioner Loh, seconded by Commissioner Aiken and on the following roll call vote to wit: AYES: Commrs. Aiken, Boswell, Carter, Christianson, Loh, Miller and Osborne NOES: None REFRAIN: None ABSENT: None The foregoing resolution was passed and adopted this 28th day of September, 2005. Ronald Whdenand, Secretary Planning Commission by: Pam Ricci C7 - � " ) Attachment 4 CITY OF SAN LUIS OBISPO PLANNING COMMISSION AGENDA REPORT__ ITEM#1 BY: Philip _unsmore Dssociate Planner(805) 781-7522 MEETING DATE: September 28,.2005 FROM: Pam Ricci,Acting Deputy Director, Development Review FILE NUMBER: ABAN 125-05 PROJECT ADDRESS: 1204 Iris Street SUBJECT: Request for abandonment of an undeveloped portion of right of way at the terminus of Ruth Street at Iris Street. 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 at the end of Ruth Street north of Iris Street. The owner of an adjacent property at 1204 Iris Street has initiated the abandonment request. This undeveloped right ofway is a sixty by 150 foot strip of land between 1204 and 1156 Iris 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 requires a street vacation (abandonment) be done in the interest of the public and not an individual property owner. '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 ApplicanAepresentative: Preston Thomas Property Owner: Preston Thomas Zoning: R-2 General Plan Designation: Medium-Density Residential Environmental Status: Categorically exempt under Class 1, Existing Facilities (Section 15301. (c) of the CEQA Guidelines). ? - 7 . ABAN 125-05 (Ruth Street f idonment) Attachment 4 Page 2 Site Description The total area of abandonment is approximately 9,000 square feet (see Attachments 1 and 2). The project area is bounded by developed residential properties to the east, a deep ravine and creek channel to the north, and developed roadway to the south. Protect.Description The proposed project is a General Plan consistency determination on a requested abandonment of a portion of public right-of-way known as Ruth Street(see Attachment 1,Vicinity map). 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. In addition, continued access to any City or public utility services and improvements needs to be properly preserved. The following paragraphs discuss pertinent issues associated with the request and evaluate whether the public way will be needed for future City purposes. 1. Future Circulation Needs The General Plan Circulation Element designates Ruth Street as a local street. The abandonment of this portion of Ruth Street does not conflict with future circulation needs since the excess right-of- way ight-ofway is essentially a vacant unimproved lot that is sandwiched between two houses fronting Iris Street. Additionally, the right-of-way leads to a deep creek channel that separates the residential neighborhood from French Hospital's property. According to the General Plan, there are no plans to extend Ruth Street north to connect with additional,properties. The owners of the French Hospital property that would be served by the extension of Ruth Street agree with the proposed abandonment. (see Attachment 5). Based on this information, and as supported by the City Public Works Department, it can be concluded that this right-of-way is not planned for any future roadway improvements. Since the end of the right-of-way is located on a steeply sloped embankment, development of the right-of-way to serve additional properties 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. The Utilities Department supports abandoning the right of way if an easement is retained for public utilities purposes. C7- � ! BAN 125-05 (Ruth Street t ndonment) Attachment 4 Page 3 The right-of-way abandonment proposal was sent to the local utility companies for their review and comment. Pacific Gas and Electric (P.G.&E) currently has electrical distribution facilities within the right-of- way and wishes to continue the right to maintain these services. Easements and agreements to continue P.G.&E.'s use of the property could be incorporated to preserve- these rights. Othei interested parties will be given another 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 applicant's 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 submitted by the applicant, and verified by the City Public Works Department,the right-of-way is not owned by the City, and would be reverted back to adjacent property owners if it is abandoned, 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 right-of-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. ATTACHMENTS Attachment l - Vicinity Map Attachment 2- Exhibit C, proposed abandonment Attachment 3- Assessors Parcel map showing existing lots at Ruth and Iris.: Attachment 4- Legal description and exhibit Attachment 5- Letter from adjacent property owners agreeing to adjustment Attachment 6- Planning Commission Resolution G:1Pdunsmore\Abandonments\125-05(his)W.A-ABAN 125-05(iris).doc C7 - q A*tachanenf 5 SLOPI-3A, INC. 750 PISMO STREFr SAN LUIS OBISPO. CA.93401 PHONE: (805) 543-.4333FAX-x(805) 543-4220 May 10, 2005 Hal Hanula Public Works Department City of San Luis Obispo 955 Mono Street San Luis Obispo, California 93401 Re: Abandonment of a portion of Ruth Street, San Luis Obispo Dear Mr. Hanula: As owner of the real property known as APN 003-568-002 (French Hospital.Property), I agree to the abandonment of the public street known as Ruth Street, adjacent to Preston H. Thomas at 1204 Iris Street, San Luis Obispo. Best r ards, Ro Rossi, Owner 1 -7-10 Attachment 6 RESOLUTION NO. (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO OF INTENTION TO ABANDON A 60 BY 150 FOOT UNDEVELOPED PORTION OF RUTH.STREET AT IRIS STREET (ABAN 125-05) WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on September 28, 2005 for the purpose of making a General Plan determination and formulating a recommendation to the City Council on a request for abandonment of a portion of undeveloped right of way adjacent to Iris Street known as Ruth Street; 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 a portion of Ruth Street (as described and shown in Attached Exhibits A and C 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 no longer needed for present or future public purposes. 2. Development of the right-of-way as a public street could create significant environmental impacts and serve no reasonable public 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-of-way abandonment is categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act. City Council Resolution No: (2005 Series) ] AttdCflfllQB# 6 ABAN 125-05 (Ruth Street) Page 2 Conditions 1. Dedication of a 20 foot wide easement.for any existing or future public or private utilities over the abandonment area. The easement shall also allow for egress ingress into all properties abutting the abandonment area. The easement shall be recorded concurrent with or prior to recordation of the City Council resolution abandoning the street. 2. P G &E shall reserve the right to install, maintain, repair, operate, replace, remove and renew lines of wires, poles, and other structures, equipment and fixtures both above ground and underground for the operation of said facilities in the abandoned portion of right of way. 3. 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. Allexhibits 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. 4. Informational note: although the abandonment may result in additional property to be deeded back to adjacent contiguous properties, the abandonment does not constitute creation of a separate lot or a potential future subdivision. 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, January 3, 2006, 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. City Council Resolution No. _ (2005 Series) Attachment 6 ABAN 1.25-05 (Ruth Street) 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 th day of 2005. Mayor Dave Romero ATTEST: City Clerk Audrey Hooper APPROVED: Ci Momey Jonathan Lowell Attachment: Exhibit`-`C"-Street right-of=way Abandonment Map Exhibit "A"Legal description C7 -f� Attachment 6 EDIT A Rath Street Abandonment Legal Description All that portion of Ruth Street as shown on the map of Loomis's Addition to the City of San Luis Obispo;according to the map filed in Book A of Maps at Page 126, in the Recorder's Office of the County of San Luis Obispo,California, lying northwest of the northwest right of way line ofUpham(now Iris)Street and lying southeast of a line parallel with and 150.00 feet northwest of said northwest line of Upham Street, as shown on said map. The above-described.parcel contains 9000 square feet,more or less. The above-described parcel is graphically shown on Exhibit C attached hereto and made a part hereof. �-A ND - J - * LI No. 57022 sA Exp. 9/2005 �Q �I Z �F CAL\F� EA2004 Smvey%uth Street. UTH ST ABAND-A-2.&c C 7—/4/ ' r r *tAcl a mztjr (� 1'h, bit 6 nauaIT B Utility Reservation Legal Description That portion of Ruth Street as shown on map of Loomis's Addition to the City of San Luis Obispo,according to the map filed in Book A of Maps at Page 126,in the Recorder's Office of the County of San Luis Obispo,CalifonRia, described as follows: A 16.00 foot-wide strip of land lying 8.00 feet on each side of the following descn`bed line: BEGINNING at the intersection of the northwesterly right of way line of Upham(now Iris) Street with the centerline of Ruth Street as shown on said map:;thence 1) northwesterly along the centerline of Ruth Street 150.00 feet. The above-described parcel contains 2400 square feet,more or less. The above-described parcel is graphically shown on Exhibit D attached hereto and made a part hereof: �AN� S LIC. 57022 \s� Exp. 9/2005 �Q qTF OF C A�wp��. IRAW 4 Sinveg*A Sheet ATiandonniiw%-urveylRUTH ST ABAND-B.dod C _ S EXHIBIT " C " xhib,+� CHURCH ST. cn T)7'00"W 60.00 6 e� 60' X 150ABANDONMENT �J EXHIBIT `A" X 17 o 18 N53177'00 f 60 00' - - - - IRIS (F'ML Y UPHAM) ST 60' E\2004 Survey\" Street Abandomment\Survey\Drawings\Exhibitdwg, DWISIT C. Nov 04, 2004 9:57mn,_ SESiskey — -- RRM DESIGN G -ROUP PLAT er RUM SiREET.ABANDONMENT 3765 South AHiguera� Street, Suite 102 San Luis Obispo, Cal�ifamlla�93401 C ' Phone 805/543=1794•Fac 805/543=4609"www.mmdesign.com lilWk wee a a tufo. RM is ssrs.�e Pts SM DATE: 11-3=04 -- SCALE:-1"=50' EXHIBIT v 3P D EX�,b�f CHURCH ST 7 53177'0 'W_60.00 y obi O O 77Cal 0 2 0 0 7 8 16' U7UTY RESERVATION EWHIT 'B" NWVrOt T 60.00' IRIS (FML Y UPHAM) ST E\2004 Survey\Ruth SVeat_Abandonment\Su!veAq gs Ex\h _oIIT D. Nov 04. 20 :0an, SESWeytg - - - - -RRM DESIG' N GROUP PLA T _ cu 9i4wy0ll"Ofta lPE�d RUIN_ STREET ABANDONMENT `"'v-D� 16' RFS£l7VAI)ON 3165 South Higuero Street, Suite 1029 San Luis Obispo, Cclifbmlo 93401 /1 _ Phone: BW/543-1794•Fac 805/543-4609•wwwjmWds ge.carn C� vt Umtoxmm w*&d a"W-Am VWm=L=WM 136=-WAW&sgna.ws 3M DATE. ll-.N--04 SCALE:" 1'=50'-.