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HomeMy WebLinkAbout10/03/2006, C2 - SAN JUAN DRIVE ABANDONMENT (ABAN 155-04) - MODIFICATION OF CONDITIONS AND TIME EXTENSION TO COMPLET council j agenda Repoat °.Nb.e;& C I T Y O F SAN LU IS OBISPO FROM: Jay Walter,PE-Public Works Director Prepared By: Rob Livick PE/PLS—Supervising Civil Engineer SUBJECT: SAN JUAN DRIVE ABANDONMENT (ABAN 155-04) — MODIFICATION OF CONDITIONS AND TIME EXTENSION TO COMPLETE CONDITIONS CAO RECOMMENDATION Adopt a resolution approving a one year time extension to complete conditions set forth in Resolution No. 9676 (2005 Series) and modifying the conditions relating to the abandonment of San Juan Drive. DISCUSSION On May 3, 2005, the Council adopted Resolution No. 9676 (2005 Series) which provides for the abandonment of San Juan Drive, subject to certain conditions. The resolution provided in part as follows: SECTION 2. This Council hereby orders the abandonment of said right-of-way subject to the following: 1. Reservation of an easement over the 30 feet of the abandoned right of way for public utilities and public sewer, and "Reserving to Pacific Gas and Electric Company, 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. Recordation of the final Lot Line Adjustment document for the property located at 2318 Loomis Street. 3. Preparation of a Record of Survey in accordance with California Business and Professions Code Section 8700 et seq. and to be recorded concurrently with this abandonment showing the Lot Line Adjustment in condition 2 and this Abandonment. 4. Construction of a ten-foot wide "all weather" access road to all sewer manholes or clean-outs in the area of abandonment. San Juan Drive Abandonment—Modification of Conditions and Time Extension to Complete Conditions Page 2 5. Items 1 through 4 must be met within one (1) year of this date. Otherwise, this resolution will expire and be null and void: The applicant submitted a request for a time extension for the subject abandonment (Attachment 3) prior to the expiration date set forth in Resolution No. 9676. Because of staff vacancies the City did not act timely on the extension request. To be consistent with City Council Resolution 5478 (1984 Series) (Attachment 4) establishing the policy regarding the "sun setting" of street abandonments, if Council is amenable to granting the extension request,Item 5 should be modified to read as follows: All abandonment conditions shall be met by October 3, 2007, or upon expiration of the current specific project or tentative subdivision approval which incorporates the respective abandonment. In addition, items 2 and 3 should be eliminated since neither a lot line adjustment nor a Record of Survey should have been required as conditions for the abandonment of San Juan Drive or to develop the three existing lots of record as proposed by the applicant. CONCURRENCES The Community Development Director concurs with the recommended action. FISCAL IMPACT None relating to the recommended action. ALTERNATIVE Deny the one year time extension. This would render the abandonment granted pursuant to Resolution 9676 null and void pursuant to the terms of that resolution. ATTACHMENTS 1) Draft resolution approving time extension and minor modifications to conditions 2) Resolution No. 9676 (2005 Series) and Vicinity Map 3) Request for time extension 4) Resolution No. 5478 (1984 Series) G:\Agenda-0rdinances-Reso1\,San Juan Dr Abandonment-Agenda Rpt.DOC �z-z Attachment 1 RESOLUTION NO. (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A ONE YEAR TIME EXTENSION TO COMPLETE THE CONDITIONS OF RESOLUTION 9676 (2005 SERIES)RELATING TO THE ABANDONMENT OF SAN JUAN DRIVE AND MODIFYING THE CONDITIONS OF ABANDONMENT WHEREAS, following a public hearing duly held on May 3, 2005, this Council approved the abandonment of San Juan Drive pursuant to Section 8300 et seq. of the Califomia Streets and Highways Code and adopted Resolution 9676 (2005 Series), marked "Exhibit A", attached hereto and incorporated herein; WHEREAS, by that Resolution this Council determined that the San Juan Drive right of way is not necessary for present or future public street purposes; WHEREAS, Item 4 of Section 2 of Resolution No. 9676 (2005 Series) provides that items 1 through 4 must be met within one year or that abandonment will be null and void; and WHEREAS, the applicant that sought the abandonment has requested an extension of time in which to fulfill the conditions of abandonment; BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby approves a one year time extension of the date set forth in item 5 of section 2 of Resolution No. 9676 (2005 Series), and modifies item 5 to read: All abandonment conditions shall be met by October 3, 2007 or upon expiration of the current specific project or tentative subdivision approval which incorporates the respective abandonment. SECTION 2. Items 2 and 3 of Section 2 of Resolution No. 9676 (2005 Series) are hereby eliminated. SECTION 3. All other provisions of Resolution No. 9676 (2005 Series) shall remain in full force and effect. On motion of seconded by and on the following roll call vote, AYES: NOES: ABSENT: e;— Attachment 1 the foregoing Resolution was passed and adopted this 3rd day of October, 2006. MAYOR David F. Romero ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: Jon th . Lowell City Attorney Q\Agenda-Ordinances-ResoMan Juan Dr Abandonment-Reso.DOC C z-y ATTACHMENT 2 Recording requested by and when recorded mail to: City Clerk 990 Palm Street San Luis Obispo,CA 93401 RESOLUTION NO.9676(2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT SAN JUAN AVENUE 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 San Juan Drive,described as "All of San Juan Drive;being a 30 foot wide drive as shown on Page 3 at Page 66 of Maps filed in the office of the San Luis Obispo County Recorder on September 23, 1925,located in the City of San Luis Obispo,County of San.Luis Obispo, State of California" 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. Reservation of an easement over the abandoned right of way for public utilities and public sewer,and "Reserving to Pacific Gas and Electric Company,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. Recordation of the final Lot Line Adjustment document for the property located at 2318 Loomis Street R 9676 �z- s ATTACHMENT 2 Resolution No. 9676(2005 Series) Page 2 3. Preparation of a Record of Survey in accordance with California Business and Professions Code Section 8700 et seq.-and to be recorded concurrently with this abandonment showing the Lot Line Adjustment in condition 2 and this Abandonment. 4. Constriction of a ten foot wide"all weather"access road to all sewer manholes or clean- outs in the area of abandonment 5. Items 1 through 4 must be met within one(1)year of this date. Otherwise;this resolution will expire and be null and void. 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 Council Member Mulholland,seconded by Council-Member Settle,and on the following roll call vote, AYES: Council Members Brown,Mulholland and Settle and Vice Mayor Ewan NOES: Mayor Romero ABSENT: None The foregoing Resolution was passed and adopted this 3rd day of May 2005. 040�0�z 0 imp Mayor David F. Romero ATTEST: � p C Audrey Hoop City Clerk APPROVED AS TO FORM: JdpathOP.Lowell City Attorney SII ATTACHMENT 3 March 22, 2006 Phil Dunmore 990 Palm St San Luis Obispo, CA 93401 Mr. Dunsmore, I would like to request a one year extension to City Council resolution no. 9676 (2005) series. I am currently in the planning process and have submitted for building permits for a residence and shared driveway. This shared driveway will satisfy condition of approval number four. I have been working closely with planning and public works staff to formulate a design for this and am confident that this condition will be met soon. Sincerely, Damien Mavis 805.748.5546 cc: Jonathan P. Lowell(City Attorney) Hal Hanula(Public Works) ATTACHMENT 4 RESOLUTION NO. 5478 (1984 Series) A RESOLUTION-OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A SUNSET CLAUSE FOR PENDING AND FUTURE STREET ABANDONMENTS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. All pending street abandonments as shown on the attached "Exhibit A" shall expire six (6) months from this date or upon expiration of a current specific project or tentative subdivision approval which incorporates the respective abandonment. SECTION 2. All future street abandonment considerations shall expire one (1) year after conditional approval by the Council or upon expiration of an approved specific project or tentative subdivision which incorporates the abandonment. On motion Councilman Settle seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of October _ , 1984. YOR IE C. BILLIG ATTEST: / f is b'Y1S,A it CITY+ CLERK PAMELA V ES c2-9 R 5478 Ai TACHMENT APPROVED: City Administrative Opficer yAT,ticc� /�2 /`�LL �u�LJ Attorney K Communit Development Director 1 City E g neer C Z�D October 2, 1984 - --,ATTACHMENT 4 EXHIBIT "A" SUNSET CLAUSES FOR PENDING STREET ABANDONMENTS 1. PACIFIC STREET (between Santa Rosa and Toro Streets adjacent to S,.L. Creek) Effective: until expiration of tentative M.S.83-034. 2. FLORENCE, LEONA, HASKIN, WILLIAM STREETS (Terrace Hill) Effective: until expiration of respective tentative tracts 926, 1034, 1064. 3. LELAND TERRACE, BUENA VISTA TERRACE (Terrace Hill area - Jack Farris) Effective: for six (6) months unless a specific project or tentative subdivision is approved in the interim which will then run concurrently with such approval. 4. CHORRO/WALNUT STREETS (excess R/W) Effective: for six (6) months unless a specific project or tentative subdivision map is approved in the interim which will then run concurrently with such approval. 5. MONTALBAN/LEMON STREETS (excess R/W) Effective: for six (6) months or upon notice by applicant unless a specific project' or tentative subdivision map is approved in the interim which will then run_ con- currently with such approval. 6. MONTALBAN STREET (westerly of Santa Rosa Street, adjacent to Stenner Creek) Effective: for six (6) months unless a specific project or tentative subdivision map is approved in the interim which will then run concurrently with such approval. 7. BRIZZOLARA STREET (southerly end adjacent to Hwy 101) Effective: until expiration of Minor Subdivision 82-103. Page 1 of 1 SLO Citycouncil -October 3rd meeting (sek.Juan dr.abandonment) -------------- From: "Damien Mavis" <damienmavis@hotmail.com> RECEIVED To: <slocitycouncil@slocity.org> Date: 9/28/2006 3:17 PM SEP 2 8 2006 Subject: October 3rd meeting (san Juan dr. abandonment) ql n C—=—CLE—.Qv 9.28.06 Dear City Council Members, I am the applicant for the abandonment of San, Juan Dr. which was approved in 2005. Since then, I have submitted plans for a home and driveway which would satisfy the "all weather road" condition of approval. This home occupied one of the three lots which are.at.the corner. Due to some miscommunication towards the end of this period the community development department felt they couldn't recognize these three lots. After many meetings and discussions with the city attorney and other staff we came to the conclusion that the three lots were indeed legal lots. This allowed the plans for my home and driveway to continue to be processed. A few weeks later after reviewing the conditions of approval for the road abandonment it was realized that one of the conditions (number 2) required a lot line adjustment to be recorded. This lot line adjustment was initially contemplated but once the city agreed to recognize the three lots then it was no longer required. There doesn't seem to be a connection between the lot line adjustment and the appropriateness of the road abandonment, so the time extension and adjustment of the resolution is just a clean up of the original resolution and doesn't change its intent. If this resolution is passed then I will be able to pull permits for my home and driveway, which is already in for its second plan check, and proceed with construction quite soon. I am available to meet to discuss this matter if you would like more information. I will also attend the meeting if you have any questions for me at that time. Thank you very much, Damien Mavis 805.748.5546 EAOUNCIL W damienmavis@hotmail.com RED FILE MEETING AGENDA 5FACAO r ®'ATTORNEY DA (5 3 ITEM # L .0 CLERK/CRI©❑ D TREADS'�-�— ® �Bt1.iii HP DIP �P �O � c�i4n/d i.OP-TLS file://C:\Documents%20and%2OSettings\slouser\Local%2OSettings\Temp\GW IOOOO1.HTM 9/28/2006