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Home My WebLink About01/09/2007, C5 - RESTATEMENT OF THE INTENTION TO CONSIDER ABANDONMENT OF PORTIONS OF HUMBERT AVENUE AND FREDERICK ST L council �q�0- j acEnaa RepoM ,ew Nw 6o CITY OF SAN LUIS OBISPO FROM: Jay Walter PE,Public Works Director Rob Livick PE/PLS,Supervising Civil Engineer SUBJECT: RESTATEMENT OF THE INTENTION TO CONSIDER ABANDONMENT OF PORTIONS OF HUMBERT AVENUE AND FREDERICK STREET CAO RECOMMENDATION Adopt a resolution restating the,intention to abandon portions of Frederick Street and Humbert Avenue, and set a public hearing for March 6, 2007. DISCUSSION In order to abandon rights-of-way, the California Streets and Highways Code §8300 et seq requires the City Council 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 rights-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. These required findings were made by both the City's Planning Commission on June 14, 2006 (Planning Commission Resolution 5454-06) and by the City Council on August 15, 2006 (City Council Resolution 9835, 2006 Series) (Attachment 2) for the abandonment of portions of Frederick Street and Humbert Avenue (Vicinity Map Attachment 1). The Streets and Highways Code also requires that a public hearing be held to take public testimony and to finalize the proposed abandonment. The public hearing is required to occur at least 15 days after the resolution of intention for abandonment is adopted. The above referenced City Council Resolution also set the date of the Public Hearing for September 19, 2006, but unfortunately staff was unable to proceed with the public hearing at that time due to other constraints. Based upon recommendations from the City Attorney's office, this action in now being presented to restate the resolution and set the date for the public hearing in order to finalize this abandonment. Additionally, the resolution of intention to abandon the subject streets contained conditions that do not pertain to the abandonment, but do pertain to a proposed development and were therefore contained in approvals regarding the proposed Housing Authority development associated with this proposed abandonment. CONCURRENCES The original project proposal was routed to various City departments, including the Utilities and Public. Works and Community Development Departments, and comments received have been incorporated into the staff recommendation and mitigation measures where appropriate. Council Agenda Report GP, R, ABAN, ER, 27-06 Page 2 FISCAL IMPACT There is no fiscal impact relating to this action. ALTERNATIVE Continue the proposed abandonment if additional information is needed, with specific direction given to staff. Attachments: 1. Vicinity Map 2. City Council Resolution 9835 (2006 Series) 3. Draft Resolution Restating Intention to Consider Abandonment G:\Staff-Reports-Agendas-Minutes\_CAR\2007\DevRev\Humbert Frederick Abandonment\CC 27-06 Report(01.09.07)v2.doc ATTACHMENT 1 Fr ci ��, ` ~ Portion of Frederick Street to be abandoned D Hum 851 Humbert ` / \ Ir Portion of Humbert Avenue \`1 to be abandoned 0 \. \ NOTE: THIS DIAGRAM IS FOR ILLUSTRATIVE PURPOSES ONLY,AND v f ONLY INDICATES THE INTENTION OF THE ABANDONMENT. A LEGAL { \ DESCRIPTION AND ASSOCIATED PLAT SHALL BE PREPARED BY A f a LICENSED LAND SURVEYOR AND RECORDED WITH THE FINAL Ile, `\ ABANDONMENT RESOLUTION. 71 Ab:indonment of Portions of Frederick Street :md Humbert Avenue GRRi.ABAN ER 27-06 850 and 861 Hiuub ert Cc '- 3 Attachment 2 RESOLUTION NO.9835(2006 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL OF INTENTION TO ABANDON PORTIONS OF THE FREDERICK STREET AND HUMBERT AVENUE RIGHTS-OF-WAY;ABAN 27-06 WHEREAS, the Planning Commission conducted a regular public hearing on June 14, 2006, for the purpose of making .a General Plan .determination and formulating a recommendation to the City Council on a request for abandonment of excess -rights-of-way including portions of Frederick Street and Humbert Avenue; and WHEREAS,research of the title report shows that the City of San Luis Obispo does not have fee ownership of land underlying the Street rights-of-way;.and WHEREAS, the Planning Commission found that the proposed rights-of-way abandonment is 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; and WHEREAS, the City Council 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 August 15, 2006, pursuant to a proceeding instituted under application ABAN 27-06,Housing Authority of San Luis Obispo County, applicant. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Action-Intention to Abandon.Itis the intention of the City of San Luis Obispo to abandon portions of Frederick Street and Humbert Avenue as shown on the map marked Exhibit A,on file in the office of the City Clerk,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: Findings 1. The proposed abandonment of rights-of-way are consistent with the General Plan because they are no longer needed for present or future public purposes. 2., Development of the rights-of-way as public streets would not serve any reasonable public purpose since those properties fronting the rights-of--way gain access from other improved streets, and there are no existing infrastructure improvements within the areas to be abandoned. R 983^5 l�J " Attachment 2 Resolution No. 9835 (2006 Series) Page 2 3. The abandonment of rights-of-way will benefit the general public by eliminating unused right-of-way and eliminating the City's costs for maintaining additional infrastructure improvements. 4. The proposed abandonment of rights-of-way are categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act. Conditions 1. The street abandonment shall not be finalized by the City until after all of the project discretionary approvals have been secured by the Housing Authority for their affordable housing project. 2. .The rights-of-way necessary to complete the cul-de-sacs at the Francis and Humbert street ends shall be offered or re-offered for dedication to the City concurrent with or prior to final street abandonment. The required offers, shall reflect City standard cube-sac designs to the satisfaction of the City Engineer. 3. A public pedestrian and vehicle access easement shall be provided from Humbert to Lawrence in the area of the former Victoria Ave. abandonment to the satisfaction of the - City Engineer. Said.easement shall be offered to the City concurrent with or prior to final street abandonment. 4. Development proposals for future uses at:the site shall incorporate design features, such as positioning of buildings, berming, and/or fencing to reduce`direct access from the site to the railroad tracts to discourage residents and guests from trespassing across railroad right-of-way. 5. The Architectural Review Commission shall review design features of future development proposals to address the. interface between manufacturing and residential land uses. 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,September 19,2006, 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: CS- Attachment 2. Resolution No. 9835 (2006 Series) Page 3 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 rights-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 rights-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 abandonments 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 Ewan, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle, and -Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 15`h day of August 2006. • Mayor David F.Romero ATTEST: Audreyooper City Cf6rk APPROVED AS TO FORM: Jon P.Lowell City Attorney �� Lo Attachment 3 RESOLUTION NO. XXXX (2007 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL OF RESTATING ITS INTENTION TO ABANDON PORTIONS OF THE FREDERICK STREET AND HUMBERT AVENUE RIGHTS-OF-WAY; ABAN 27-06 WHEREAS, the Planning Commission conducted a regular public hearing on June 14, 2006, for the purpose of making a General Plan determination and formulating a recommendation to the City Council on a request for abandonment of excess rights-of-way including portions of Frederick Street and Humbert Avenue; WHEREAS, the City Council 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 August 15, 2006, pursuant to a proceeding instituted under application ABAN 21-06 and adopted City Council Resolution 9835, 2006 Series; and WHEREAS, the City Council of the City of San Luis Obispo set the time and place for a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on September 19, 2006, to consider the final abandonment; and WHEREAS, the said public hearing to consider the abandonment did not occur; therefore 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 portions of Frederick Street and Humbert Avenue as shown on the map marked Exhibit A, on file in the office of the City Clerk, pursuant to Section 8300 et seq. of the State'of California Streets and Highways Code, and that the abandonment shall be based on the findings, and subject to the conditions contained in Resolution 9835, 2006 Series with the exception of the following conditions to be removed, as they do not pertain to the abandonment: Conditions to be Removed 1. Development proposals for future uses at the site shall incorporate design features, such as positioning of buildings, berming, and/or fencing to reduce direct access from the site to the railroad tracts to discourage residents and guests from trespassing across railroad right-of-way. 2. The Architectural Review Commission shall review design features of future development proposals to address the interface between manufacturing and residential land uses. SECTION 2. Copies of the map showing the particulars of the proposed abandonment are CS� " � Attachment 3 Resolution No.XXXY(2006 Series) Page 2 on file in the office of the City Clerk, at 990 Palm Street.. SECTION 3. Tuesday, March 6, 2007, 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. The City Engineer shall post at least three (3) notices of the proposed abandonment in prominent locations near the portion of the street rights-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. 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 2007. Mayor David F. Romero ATTEST: City Clerk Audrey Hooper APPROVED AS TO FORM: *Etyorney.Jonathan Lowell G:\Staf£-Reports-Agendas-Minutes\_CAR\200.7\1)evRev\Humbert Frederick Abandontnent\CC Reso 27-06(ABAN)(01.09.07).doc C�- g illllllllll��llll Ilg � a council mEmoIZanbum January 9, 2007 RECEIVED TO: City Council JAN 0 9 201 � SLO CITY CLERK I FROM: Ken Hampian, City Administrative Officer I Prepared by: Jay D. Walter, Public Works Director SUBJECT: Consent Item 5 — Restatement of the Intention to Consider Abandonment of Portions of Humbert Street and Frederick Street. Due to some uncertainty as to the status of the Housing Authority's project, staff recommends that this item be postponed indefinitely, and returned to Council when the project applicants are ready to proceed. There is no immediate need to abandon these portions of City streets at this time. Concurrences: The City Attorney and the Community Development Director concur with the recommendation to postpone this item. GAStaff-Reports-Agendas-MinutesLCAR\2007\DevRev\Humbert Frederick AbandonmentN-9-07 RED file for delay.doc :ie ld47A� RED FILE IEF MEETING AGENDA ��p� G CHF DA1 ITEM #�S E---� . ? e re4o