HomeMy WebLinkAbout01/03/2006, PH2 - ABANDONMENT OF RUTH STREET council M
January 3,2005
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CITY OF SAN LUIS OBISPO
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FROM: Jay Walter,Director of Public Works
Prepared By: Timothy Scott Bochum,Deputy Director of Public Works
SUBJECT: ABANDONMENT OF RUTH STREET
CAO RECOMMENDATION
As recommended by the Planning Commission, adopt a resolution to abandon portions of Ruth
Street; subject to conditions.
DISCUSSION
The Council adopted Resolution No. 9742 (2005 Series) on November 1, 2005 (Attachment 3),
which is the Resolution of Intention to abandon a portion of Ruth Street. The Resolution of
Intention set the time and place of this public hearing to receive any testimony and to consider
finalizing the subject abandonment.
In considering the merit of this abandonment request, staff reviewed the access needs of adjacent
parcels to determine if public access needed to be maintained. Because the parcel north of this
abandonment area is open space creek bed, there is not a need to maintain access to the parcel.
The property owner of that parcel has submitted written support (November 1, 2005 City Council
Report—in Council Reading File) for this abandonment request. Closure of the public access will
also help deter problematic issues (squatters camping and trash dumping) in the creek area.
The November 1, 2005 agenda report included discussion of the various issues and requirements
regarding abandonment and the Planning Commission's recommendation to the Council for
conditional approval, per Planning Commission Resolution 5427-05. Consistent with existing
City regulations [Resolution No. 5478 (1984 Series)] requiring that all abandonment conditions
be met within one (1) year of adoption of a resolution to abandon, the Resolution of Intention
includes all of the prescribed conditions and indicates that it is not effective until all of the
conditions have been met to the Public Works Director's satisfaction.
This abandonment is categorically exempt from environmental review per City Environmental
Guidelines and the California Environmental Quality Act (CEQA), Section 15301.
The required public notices have been completed, as prescribed in the referenced Resolution of
Intention. Staff sent the required notifications to the affected utility companies (Charter
Communications, SBC Company and Pacific Gas & Electric) regarding the proposed
abandonment. The final abandonment resolution provides for reservation of necessary public
utility easements. The City Council must now receive any public testimony and then decide
whether to approve, modify or deny the abandonment
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Ruth Street Abandonment Page 2
Property to be
abandoned
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Figure 1 —Abandonment Area
CONCURRENCES
The Planning Commission recommends this action. The Community Development Director and
Utilities Director concur with the recommendation.
FISCAL IMPACT
Because this segment of Ruth Street is an unimproved area there have been no general fund
expenditures for maintenance over the years.
Ruth Street Abandonment �yy Page 3
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Property to be .
0 ` abandoned
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Figure 2-Aeriai and adjacent properties
ALTERNATIVES
1. Conduct the public hearing and continue final action on abandonment until any issues, or
other conditions, deemed necessary by the City Council are completed or otherwise
resolved.
2. Deny abandonment, if the Council finds that the right of way is necessary for existing or
future public street purposes.
ATTACHMENTS
1.Vicinity Map
2. Draft final resolution of abandonment
3. Resolution No. 9742 (2005 Series)
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Attachment 2
Recording requested by
and when recorded mail to:
City Clerk
990 Palm Street
San Luis Obispo, CA 93401
RESOLUTION NO. (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT PORTIONS OF RUTH STREET IS
UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES
AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF SPECIFIC
EASEMENTS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. In accordance with a public meeting duly held on March 15, 2005, pursuant
to Section 8300 et seq. of the California Streets and Highways Code and a finding of General
Plan consistency, that this Council finds and determines that Ruth Street,described as
"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 Maps 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 of Upham (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", located in the City of San Luis Obispo,
County of San Luis Obispo, State of Califomia.
is not necessary for present or future public street purposes.
SECTION 2. This Council hereby orders the abandonment of said right-of-way subject to
the following 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
ATTACHMENT
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.
SECTION 3. Upon notification from the Director of Public Works to the City Clerk that
the conditions prescribed in SECTION 2 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 3rd day of January , 2006.
MAYOR David F. Romero
ATTEST:
CITY CLERK Audrey Hooper
APPROVED AS TO FORM:
CTTYLA�ORNEY Jonathan P. Lowell
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ArwwAm4cw-r- 3
RESOLUTION NO.9742(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 his 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 the
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
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.
R 9742
ATTACHMENT 3
Resolution No. 9742(2005 Series)
Page 2
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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.
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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.
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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.
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 nearthe 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.
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! Resolution No.9742(2005 Series)
Page 3
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On motion of Council Member Settle, seconded by Vice Mayor Ewan, and on the
following roll call vote:
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AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
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ABSENT: None
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! The foregoing resolution was adopted this 1st day of November 2005.
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Mayor David F.Romero
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ATTEST:
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Audrey Hoo
City Clerk
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APPROVED:
! Jo an P. Lowell
j City Attorney
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Attachment:
Exhibit"A"Legal description
Exhibit "C"-'Street right-of-way Abandonment Map
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ATTACHMENT 3
Exhibit "A°
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Ruth 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
of Upham(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.
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ATTACHME
EXHIBIT 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, California, described as follows:
A 16.00 foot wide strip of land lying 8.00 feet on each side of the following described 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.
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ATTACHMENT 3
Exhibit C
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RRM DESIGN GROUP PLAT
RUTH STREET ABANDONMENT
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III 16' RESERVA 770N
3765 South Higuera Street, Suite 102• San Luis Obispo, California 93401 Z_�
Phone: 805/543-1794• Fax: 805/543-4609 •www.rrmdesign.com _