HomeMy WebLinkAbout09/05/2006, PH1 - FINAL ABANDONMENT OF AN UNDEVELOPED PORTION OF SOUTH STREET RIGHT-OF-WAY (ABAN 62-05; THE VILLAGE A 5
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CITY O F SAN LUIS O B I S P O
FROM: Jay Walter, P.E.—Public Works Director {�n�
Prepared By: Rob Livick,P.E.—Supervising Civil Eng'ifeer*—
SUBJECT: FINAL 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, and City Council on June 20,
2006 adopt a Resolution to abandon (vacate) the street right-of-way of an undeveloped portion of
South Street under the procedures specified in the California Streets and Highways Code Section
8300 et seq.
DISCUSSION
The Council adopted Resolution No. 9810 (2006 Series) on June 20, 2006 [Attachment 4], which
is a resolution of intention to abandon a portion of South Street. The resolution set the time and
place of this public hearing to receive any testimony and to consider finalizing the subject
abandonment.
The June 20, 2006 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 5453-06. The final abandonment
resolution incorporates all of the prescribed conditions, including the fact that it is not effective
for recordation until all of the conditions have been satisfactorily met, as determined by the
Public Works Director.
Staff sent the required notifications to the affected utility companies regarding the proposed
abandonment and received responses back from Pacific Gas & Electric and the Southern
California Gas Company regarding preservation of easements for their existing and future
facilities.
This requested action only abandons (vacates) the public's rights to the subject right of way per
section 8352 of the California Streets and Highways Code as noted below:.
8352. (a) Except as provided in Section 8353, vacation of a street, highway, or
public service easement pursuant to this part does not affect a private easement
or other right of a person (including, but not limited to, a public utility, the state,
a public corporation, or a political subdivision, other than the local agency
adopting the resolution of vacation) in, to, or over the lands subject to the street,
highway, or public service easement, regardless of the manner in which the
private easement or other right was acquired.
ABAN 62-05(South Street)
Page 2 of 2
Existing City regulations [per Resolution No. 5478 (1984 Series)] require that all abandonment
conditions be met within one (1) year of adoption of the Resolution to Abandon or upon
expiration of a current specific project or tentative subdivision approval which incorporates the
respective abandonment. The final abandonment resolution contains wording to this effect.
Should any required conditions not be met within the within one (1) year of adoption of this
Resolution to Abandon or upon expiration of the current specific project or tentative subdivision
approval which incorporates the respective abandonment; or any authorized extensions of this
action, the action will become null and void and the applicant will be required to reapply should
they still desire abandonment of South Street.
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. The City Council must now receive any public testimony and then decide whether to
approve, modify or deny the abandonment.
CONCURRENCES
The Planning Commission recommends this action. The Public Works and Utilities departments
support the proposed abandonment as conditioned to provide public facility easements. Pacific
Gas & Electric and the 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 IMPACT
This portion of South Street is an unimproved street. Only the maintenance of the existing public
sewer main is required and will remain unchanged.
ALTERNATIVES
Option 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.
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. (Attachment 3)
ATTACHMENTS
1. Vicinity Map
2. Draft final resolution of abandonment
3. Draft resolution to deny abandonment
4. Resolution No. 9810 (2006 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 A PORTION OF THE SOUTH STREET RIGHT
OF WAY,IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET
PURPOSES AND ORDERING ITS FINAL 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 hearing duly held on September 3, 2002, 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 a portion of South Street, 60 feet in
width; beginning at a point on the centerline of South Street 19.09 feet South 89°28'07" East of
the East State Route 227 (Broad Street) Right of Way and terminating at the prolongation of the
West side line of the former Rachel Street, including the abandonment underlying Emily Street
that is within the South Street right of way, as shown on "Exhibit k, attached hereto and
incorporated herein, 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:
1. Reservation of an easement 60 feet in width over the Easterly 387 feet of the abandoned
South Street right of way for Sewer Main access and maintenance, and reserving to
Pacific Gas and Electric Company, an easement for the right from time to time to install,
maintain, repair, operate, replace, remove and renew underground wires and other
structures, equipment and fixtures for the operation of said facilities within said
easement.
2. The abandonment shall be finalized prior to building permit issuance. Any required
easements for purposes of access, utilities, and drainage shall be recorded concurrent with
or prior to recordation of this City Council Resolution.
i-y
City Council Resolution No. -' (2006 Series)
ABAN 62-05 (South Street)
Page 2
3. All abandonment conditions shall be met within one (1) year of adoption of this
Resolution to Abandon or upon expiration of the current specific project or tentative
subdivision approval which incorporates the respective abandonment.
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 th day of 2006.
Mayor Dave F. Romero
ATTEST:
City Clerk Audrey Hooper
APPROVED:
City rneyJonathan Lowell
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Attachment 3
RESOLUTION NO. (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT THE SOUTH STREET RIGHT OF WAY IS
NECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND
DENYING ITS ABANDONMENT.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. In accordance with a public hearing duly held on May 24, 2006, 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 South Street, is necessary for present or
future public street purposes.
SECTION 2. This Council, therefore, hereby denies the abandonment of the aforesaid South
Street right of way.
On motion of seconded by and
on the following roll call vote,
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of 2006.
MAYOR David F. Romero
ATTEST:
CITY CLERK Audrey Hooper
APPROVED AS TO FORM:
CITY ATTORNEY Jonathan P. Lowell
g:lstaff-reports-agendas-minutesLcar12006\devrevlsouth street abandonment\final aban 62-05 cc res(south)-alt denial
resolution.doc
1, 7
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RESOLUTION NO.9810 (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
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.
R 9810
/— IS
Resolution No. 9810(2006 Series)
Page 2
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 Council Member Mulholland,seconded by Council Member Brown,and on
the following roll call vote:
AYES: Council Members Brown,Ewan and Mulholland,and Vice Mayor Settle
NOES: None
ABSENT: Mayor Romero
The foregoing resolution was passed and adopted this 20a'day of June 2006.
ice Mayor AbAlettle
ATTEST:
Audrey oper
City Cleil
APPROVED AS TO FORM:
Jonath .L.owell
City Attorney
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