The URL can be used to link to this page

Home My WebLink About06/20/2006, C7 - INITIATION OF THE PROCESS TO CONSIDER ABANDONMENT OF AN UNDEVELOPED PORTION OF SOUTH STREET RIGHT-O i council w 6 W zba j ac En as aEpont h,."ub�c 7 CITY O F SAN LUIS OBISPO FROM: John Mandeville, Community Development Directo Prepared By: Whitney Mclivaine,Contract Planner y,�^ SUBJECT: INITIATION OF THE PROCESS TO CONSIDER ABANDONMENT OF AN UNDEVELOPED PORTION OF SOUTH STREET RIGHT-OF-WAY (ABAN 62- 05; THE VILLAGE AT MAYMONT). CAO RECOMMENDATION As recommended by the Planning Commission on May 24, 2006, adopt a Resolution of Intention to consider abandonment of the street right-of-way of an undeveloped portion of South Street and set a public hearing for August 15, 2006. DISCUSSION The City has received a request to abandon an undeveloped portion of South Street to the east of Broad Street, as part of a mixed-use project proposed on property between Fire Station #1 and Mid-State Bank. The right-of-way to be abandoned is 60 feet wide and runs from Broad Street east to property owned by the Union Pacific Railroad. A map exhibit of the proposed abandonment is attached to the Resolution of Intention as Exhibit A. Attachment 3 is a reduced site plan of the proposed "Village at Maymont" mixed-use project. In order to proceed with the project as designed, the applicants must obtain approval of the abandonment. Generally when right-of-way is abandoned, unencumbered fee title is divided among adjacent property owners based on parcel frontage. A portion of the area to be abandoned would become part of the Fire Station #1 parcel since it is adjacent to the north side of the right-of-way. Most of the remainder of the street abandonment would become part of each of the 3 parcels underlying the "Village at Maymont" project.The easternmost portion of the abandoned right-of-way would revert to the railroad parcel. The City Council is being asked to adopt a "Resolution of Intention" to consider abandonment of the public right-of-way. This sets a public hearing date and time for deliberation on final abandonment in accordance with Section 8300 of the California Streets & Highways Code. If approved, a final "Resolution of Abandonment" will be adopted and recorded with the County Recorder. If the abandonment is denied, the mixed-use project will have to be redesigned. Planning Commission Action The California Streets and Highways Code requires that any proposed street vacation or abandonment be reviewed for General Plan conformity prior to final action by the legislative body. The Planning Commission reviewed the proposed abandonment on May 24, 2006 and recommended Council approval, finding the abandonment consistent with the City's General Plan and finding the right-of-way no longer necessary for public purposes. Attachment 4 is a copy of the Council Agenda Report ABAN 62-05 (South Street) Page 2 Future Circulation Needs In addition to the requirement for a determination of General Plan consistency, the California 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 must be made as to whether the right-of-way will be needed for present or future public purposes. At one time the City envisioned South Street connecting to Bishop Street over the railroad. That plan has been replaced with a plan to provide a grade-separated railroad crossing via Roundhouse Avenue, as depicted in the Railroad District Plan. The mixed-use project includes a 16-foot wide easement along Roundhouse Avenue to accommodate any future connection across the railroad tracks. The abandonment exhibit and the site plan for the mixed-use project also reflect the anticipated widening of Broad Street between Alphonso and Santa Barbara Streets. For this reason, the right-of-way immediately adjacent to the current Broad Street boundary is shown as not to be abandoned. Public Utilities Another important consideration regarding right-of-way abandonment is preservation of access to any City or public utility services and improvements. This undeveloped portion of South Street contains an easement in favor of Southern California Gas Company, a part of which would be quitclaimed to more accurately reflect the location of the only remaining active gas line affected by the abandonment. That line runs down Emily Street, through the intersection with South Street. An easement for overhead and/or underground utilities for PG&E would also be reserved. In addition, there is a small drainage easement and a storm drain at the juncture with Broad Street in the northwestern corner of the area to be abandoned, which would also be addressed as part of the final abandonment. CONCURRENCES The Public Works and Utilities departments support the proposed abandonment as conditioned to provide public facility easements. P, G & E and Southern California Gas Company also support the abandonment provided easements are maintained for their respective utilities. The Fire Department has no objection to the request. FISCAL IMPACTS No significant fiscal impacts are expected with abandonment of the public right-of-way.. 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. C 7-z Council Agenda Report ' ABAN 62-05 (South Street) Page 3 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- Resolution of Intention to Consider Abandonment with Exhibit A—map of area to be abandoned Attachment 3- Maymont Village reduced site plan Attachment 4- Planning Commission Resolution Distributed to Council Members and in the Council Reading File: Full-size map exhibit of the proposed right-of-way abandonment G:\CD-PLAN\WMCILVAI\Abandonments\ABAN 62-05 CCrpt(South).doc i� � =1111 ''� �� i Attachment 2 RESOLUTION NO. (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO OF INTENTION TO ABANDON A 60-FOOT WIDE UNDEVELOPED PORTION OF SOUTH STREET EAST OF BROAD STREET (ABAN 62-05) WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on May 24, 2006 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 South Street right-of-way east of Broad Street; 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. It is the intention of the City of San Luis Obispo to abandon a portion of South Street as described and shown in Attached Exhibit A,' 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, with the reservation of appropriate utility and access easements, is consistent with the General Plan because it is no longer needed for present or future public street purposes. 2. The right-of-way proposed for abandonment has never been improved or used for its intended purposes, and no public funds have been expended over the last five years. Conditions 1. Reservation of easements for existing public utilities shall be required, to the satisfaction of the respective utility companies, along with any revisions to those facilities as a result of re-development. Specific details will be determined during the abandonment process, prior to adoption of a final abandonment resolution by the City Council. 2. The abandonment shall be finalized prior to building permit issuance. Any required offsite easements for purposes of access, utilities, and drainage shall be recorded e5- City Council Resolution N,._ (2006 Series) ------ Attachment 2 ABAN 62-05 (South Street) Page 2 concurrent with or prior to recordation of a city council resolution vacating previous offers of dedication. 3. The landowner/applicant shall submit all required pictorial exhibits and/or legal descriptions necessary to complete the abandonment. All relevant information shall be to the satisfaction of the Public Works Director. 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, August 15, 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. 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 2006. Mayor Dave Romero City Council Resolution Nu. (2006 Series) ABAN 62-05 (South Street) Attachment 2 Page 3 ATTEST: City Clerk Audrey Hooper APPROVED: CI ey Jonathan Lowell Attachment: Exhibit A—Map depicting that undeveloped portion of South Street to be abandoned G:\CD-PLAN\WMCILVAI\Abandonments\ABAN 62-05 CC RES(South).doc J a�aml+mfmrsmravwamsmWlsr��low+o�lawJe. a est.r�a xm txpn�a..er�. rp� ^ § ��j- s < orq J E_s 3 .� cr s m �� R lo—, Exhibit "A„ on I Lir 11 ru 9n'd mn »aMIS ATM a I I Io m II a� p II 8a o II oro a 9n's mn rn I I mXW,.mw $on II g� w i° I II PC m �yy I Al"n�1�� lF' o g lamus 73lprr a ZI 2 1 ae►o 4 � M^ �. r Irl i,,. •�� amip 14 + A� �n SZo J� r��M.fb7 N iJ4 O *y �e • • 1 CD rM N rm S.dQ o � • n G Q I Attachment 4 PLANNING COMMISSION RESOLUTION NO.5453-06 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL OF ABANDONMENT OF A PORTION OF SOUTH STREET RIGHT-OF-WAY APPLICATION#ABAN 62-05 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 May 24, 2006, for the purpose of considering Application ABAN 62-05, abandonment of a portion of South Street right-of-way; 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 project; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, a Mitigated Negative Declaration of environmental impact was recommended by the Deputy Director of Community Development on May 18, 2006; 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 has concluded that the abandonment of the South Street right-of-way is consistent with the City's General Plan, based on the following findings: 1. The proposed right-of-way abandonment, with the reservation of appropriate utility and access easements, is consistent with the General Plan because it is no longer needed for present or future public street purposes. 2. The right-of-way proposed for abandonment has never been improved or used for its intended purposes, and no public funds have been expended over the last five years. Section 2. Recommendation. The Planning Commission does hereby recommend to the City Council approval of the abandonment application (ABAN 62-051 as shown in the attached Exhibit A, subject to the following conditions: 1. If the Council determines that the right-of-way should be abandoned, reservation of easements for existing public utilities shall be required, to the satisfaction of the respective utility companies, along with any revisions to those facilities as a result of re- Attachment 4 Resolution No. 5453-06 Page 2. development. Specific details will be determined during the abandonment process, prior to adoption of a final abandonment resolution by the City Council. 2. If the Council approves the right-of-way abandonment, the abandonment shall be finalized prior to building permit issuance. Any required offsite easements for purposes of access, utilities, and drainage shall be recorded concurrent with or prior to recordation of a city council resolution vacating previous offers of dedication. 3. If the Council determines that the right-of-way should be abandoned, the landowner/applicant shall submit all required pictorial exhibits and/or legal descriptions necessary .to complete the abandonment. All relevant information shall be to the satisfaction of the Public Works Director. On motion by Commr. Brown, seconded by Commr. Christianson, and on the following roll call vote: AYES: Commrs. Ashbaugh, Brown, Miller and Christianson NOES: Commr. Carter REFRAIN: Commrs. McCoy and Stevenson ABSENT: None The foregoing resolution was passed and adopted this 24th day of May 2006. Planning Co ssion by! Doug Davidson, Secretary L:Abandonments\South Street(ABAN 62-05).doc Attachmenj 4 � 00 RACIAL STREET Q. M � 0 00 cL � .� II X ru�j-c.) Ul�' as turmr i I I 4 !a h4P01-W b C O II e � i II a d tli I I s EMILY STREET ' pm 31Q)$I fwiDE�'I E ® 9 .hb r L 51 IX / w w ra Q ass{ v W dJ �..a.-r.�...�x v .ew x.a i�r sr+werr�slmr..a1F�`�eW+u..�onr^°sw+aw;aw\wotl s Page 1 of 1 SLO Citycouncil-Agenda Item C=,South Street Adandomnent From: Terry Mohan<catsdad@sbcglobal.net> [RIE-CEIVED UN 1 91006To: <slocirycouncil@slociry.org>Date: 6/18/20067:35 AM o CIN CLE Subject: Agenda Item C-7,South Street Adandonment RK Dear Councilmembers, As you know I am very interested in the long term traffic and safety problems that will occur in the area of the Broad,South and Santa Barbara intersection if our developement and remedies continue to be applied in a hodge-podge fashion with no long term plan. I brought up the subject of traffic mitigation for the Village at Maymont last year when they first proposed the project and then to Vic Montgomery at the last ARC meeting. I was unable to attend the Planning Commisssion meeting but noticed on the televised replay Vic has resurected the traffic island that was one of the major contentions for the Albertson's project. Having worked at this site for more than ten years I am well aware of the traffic problems that will occur at Roundhouse and Santa Barbara,and the two exits onto Broad Street. Eventually the plan is to divert some of the traffic onto Victoia Street but that will only push the problems into another neighborhood. My suggestion has always been to use the proposed South Street abandonment as an exittentrance to be aligned with the traffic signal already at South and Broad. Vic Mongomery's contention that Caltrans plan to signalize Broad and Woodbridge were dashed when Caltrans demonstrated their reluctance to install traffic control devices at the recent South Street meetings. As a taxpayer in this City I don't see how you can expect me to vote for a sales tax increase to aleviate traffic congestion if you approve this obvious traffic jam creation where the developer feels that they have no civic duty to do the right thing initially. This project needs to have a traffic signaled exit.Either South Street or make the approval of the project contingent on the developer getting Caltrans to approve a light,paid for by the developer,at Alphonso Street. This is not a deal breaker for the developer and will save the taxpayers down the road from having to fix this problem. Terry Mohan 2416 Santa Clara San Luis Obispo,CA 93401 51 COUNCIL � ® CAO Lo CDD DIR RED FILE El ACAO ® FIN DIR MEETING AGENDA &ATTORNEY m FIRE CHIEF �CLERF('ORIG a PW DIR DA 621? ITEM # G7 DEPT a POLICE CHF foREC Dip ?�— 2 UTIL DIR z @ HR DIR � o 4,40,.ex file://C-\Documents%20and%20Settings\slouser\Local%20Settings\Temp\GW 100001.HTM 6/19/2006 i �4councjt MCMORAnbum DATE: June 20, 2006 RECEIVED TO: City Council JUN 2 0 1006 SLO CITY CLERK VIA: Ken Hampian, CAO FROM: John Mandeville, Community Development Dire BY: Whitney McIlvaine, ntract Planner SUBJECT: Consent Item C-7: Revision to Exhibit A for the Resolution of Intention to Abandon a 60-foot undeveloped portion of South Street east of Broad Street. The attached revised Exhibit A deletes all reference to the likely disposition of right-of-way to adjoining parcels. Also, the vicinity map in the upper right corner of the exhibit has been revised to more accurately depict that portion of South Street proposed to be abandoned. o lf'COUNCIL CDD DIR 15 CAO FIN DIR $ACAO FIRE CHIEF RED FILE ATTORNEY PW DIR CLERK/ORIG m=OLICE CHF MEETING AGENDA 11 DEPT HEADS EC DIR DATE& o ITEM # `�-�`�'"' #--C-- UT HR DIR Council Mnno on Sand,S7 exhibit I� 0 4. �y ti RACHEL STREET 4 w $ a 'Y Q ce 0 Fcu2'j):-- CD XWCD C/? IIz Q cc .4R II II N C) II a >— CD .� c_;o Ll I rl R wYSTREET yr W Irk® OAao � BDe� o Ntr it ' II/ / I I W °a i 4 y C Q p S Y CL U "�� r I 2 ro- '! cn .,•ww l/n�r ame v,.r n.ry sa'wwr-ut+r\��^ol�s'IeI•u�rossu•eilmo-a,amhaui\a