HomeMy WebLinkAbout01/06/2009, C 9 - INTENTION OF ABANDONMENT FOR A PORTION OF RIGHT OF WAY AT THE SOUTHWESTERLY TERMINUS OF FROOM RANCH c °
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CITY OF SAN LUIS OBISPO
FROM: John Mandeville, Community Development Director
Prepared By: Phil Dunsmore,Associate Planner
SUBJECT: INTENTION OF ABANDONMENT FOR A PORTION OF RIGHT OF WAY AT
THE SOUTHWESTERLY TERMINUS OF FROOM RANCH ROAD AT THE
PROPERTIES OCCUPIED BY THE COSTCO AND HOME DEPOT STORES;
(ABAN 201-07, MADONNA ENTERPRISES, CLINT PEARCE.)
RECOMMENDATION
As recommended by the Planning Commission, adopt a Resolution of Intention to consider
abandonment of the street right-of-way (R/W) of a portion of Froom Ranch Road and set a public
hearing for February 3,2009.
DISCUSSION
Situation
The City has received an application for the abandonment of the westerly end of Froom Ranch
Way. The abandonment is associated with the development of the Irish Hills Plaza and was a City
requirement of the completion of that development. The portion of right of way is a 77 foot length
of Froom Ranch Way at the entry drives to Costco and Home Depot (see Attachments 1 and 2).
The purpose of the abandonment is to give control of the intersection to the property owners and
allow them to install crosswalk improvements, intersection improvements and to allow the existing
drainage to be controlled and maintained by the property owners rather than the City.
If the Council agrees that the right-of-way should be abandoned, the Council needs to adopt a
"Resolution of Intention," which would set a public hearing to consider the matter of final
abandonment. If passed, a final "Resolution of Abandonment" will be adopted and recorded with
the County Recorder.
Planning Commission Action
The Planning Commission reviewed the proposed abandonment on March 26, 2008 and
unanimously recommended approval of the abandonment finding that it is consistent with the
City's General Plan. Attachment 3 is a copy of the Planning Commission Resolution and the staff
report is included as Attachment 4.
Required Findings
In order to abandon the right-of-way, the California Streets and Highways Code requires the City
C- I
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Council Agenda Report
ABAN 201-07 (Froom Ranch Road)
Page 2
Council to determine whether the abandonment is consistent with the City's General Plan. The
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 needs to be made
on whether the right-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. The Planning Commission found that the abandonment would be in the public interest
and that it is consistent with General Plan Policy (see Attachment 3, Planning Commission
Resolution).
CONCURRENCES
The Public Works Department supports the proposed abandonment, subject to reservation of
necessary easements. The Utilities Department supports abandoning the right-of-way if an
easement is retained for public utilities purposes. The right-of-way abandonment proposal was
sent to the local utility companies for their review and comment. Other interested parties will be
given another opportunity to comment during the abandonment process prior to final City Council
approval.
FISCAL IMPACTS
No fiscal impacts are expected with abandonment of the public right-of-way. Abandonment of the
right of way will give control of the driveway entry(street)to the private property owners allowing
installation of a crosswalk and other improvements that are likely to enhance the entry area.
Additionally, the abandonment will place privately maintained infrastructure including a significant
drainage culvert,within private,rather than public property.
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.
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- Map of Abandonment Area
Attachment 3- Planning Commission Resolution
Attachment 4- Planning Commission Staff Report of March 26, 2008
Attachment 5-Draft Resolution
- Resolution of Intention to Consider Abandonment
G:\CD-PLAN\Pdunsmore\Abandonments\201-07 (Froom Ranch Road)\ABAN 201-07 Mpt(Froom Ranch
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Attachment 3
RESOLUTION NO. 5502-08
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE CITY
COUNCIL TO ADOPT A RESOLUTION OF INTENTION TO ABANDON
A PORTION OF FROOM RANCH WAY
ABAN 201-07 (Madonna Enterprises)
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
March 26, 2008, for the purpose of considering application ABAN 201-07, a request to abandon
a portion of Froom Ranch 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 abandonment;
and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; 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 makes the following
findings in support of the intention to abandon a portion of Froom Ranch Way (as described in
Exhibit A) as a recommendation to City Council.
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 since this portion of the road acts as an
entry to a shopping center with existing private circulation improvements.
2. Extension of the right-of-way as a public street further to the southeast would serve no public
purpose and could create significant environmental impacts since property to the southeast
abuts open space lands with significant slope.
3. The right-of-way abandonment will benefit the general public by allowing private
management of the driveway entries, allowing pedestrian and vehicular circulation
improvements, allowing for private maintenance of existing private drainage facilities, 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.
N4
Attachment 3
Section 2. Recommendation. The Planning Commission does hereby recommend the
City Council adopt a resolution of intention to abandon a portion of Froom Ranch Way (as
shown in Attached Exhibit A), subject to the following conditions and code requirements.
1. The new monuments set to describe the terminus of Froom Ranch Way and the adjoining
property corners for all affected Parcels 1 —4 shall be documented by a Record of Survey or
other appropriate instrument.
2. The exhibit showing future property lines shall provide dimensions of the areas to be
abandoned to the adjacent parcels and new parcel areas.
3. Private utility companies shall receive additional notice of intention to vacate prior to the
City Council hearing.
4. The abandonment resolution of the City Council shall include the following reservations:
a. The reservation of an easement and right at any time, or from time to time, to construct,
operate, maintain, replace, remove, and renew public utility facilities including sanitary
sewers, storm drains, water lines, recycled water lines, street lights, fire hydrants, utility
boxes, valves, wires, cables, and appurtenances in, over, and across the area to be
vacated, including access to protect these works from all hazards in, upon, and over the
area to be vacated.
b. The reservation of an easement for public vehicular and non-vehicular access for ingress
and egress to buildings on adjacent properties over and across the area to be vacated.
c. 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.
On motion by Commissioner Stevenson, seconded by Commissioner .Ashbaugh, and on the
following roll call vote to wit.-
AYES:
it:AYES: Stevenson, Christianson, Ashbaugh, Gould-Wells, Carpenter
NOES: None
REFRAIN: None
ABSENT: Commissioners Multari, Brodie
The foregoing resolution was passed and adopted this 26h day of March,2008.
Doug Davids Secretary
Planning Commission
Nom' 0
Attachmerd 4
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION AGENDA REPORT ITEM#1
BY: Philip Dunmore, Associate Planner(805)781-7522 MEETING DATE: March 26,2008
FROM: Doug Davidson,Deputy Director,Development Review pb
FILE NUMBER: ABAN 201-07
PROJECT ADDRESS: 1500 Froom Ranch Road
SUBJECT: Request for abandonment of a portion of right of way at the southwesterly terminus of
Froom Ranch Road at the properties occupied by the Costco and Home Depot stores.
RECOMMENDATION:
Find that the right-of-way abandonment is consistent with the General Plan and recommend that the
City Council adopt a resolution of intention of the abandonment with findings and conditions.
BACKGROUND
Situation
The City has received an application for the abandonment of the westerly end of Froom Ranch Way.
The abandonment is associated with the development of the Irish Hills Plaza and was a City
requirement of the completion of that development. The portion of right of way is a 77 foot length of
Froom Ranch Way at the entry drives to Costco and Home Depot (see Attachments 1 and 2). The
purpose of the abandonment is to give control of the intersection to the property owners and allow
them to install crosswalk improvements, intersection improvements and to allow the existing
drainage to be controlled and maintained by the property owners rather than the City.
The Planning Commission's role is to review the proposed street abandonment for consistency with
the City's General Plan and to make a recommendation to the City Council. The Planning
Commission should be aware that the California Streets and Highways Code requires a street
vacation (abandonment) be done in the interest of the public and not an individual property owner.
The Council will consider whether to adopt a "Resolution of Intention," which would set a public
hearing to consider the matter of final abandonment.. If passed, a final "Resolution of
Abandonment" will be adopted and recorded with the County Recorder.
Data Summary
Applicant/Representative: Madonna Enterprises, Clint Pearce
Property Owner: City of San Luis Obispo
Zoning: C-R(Commercial-Retail)
General Plan Designation: Commercial-Retail
Environmental Status: Categorically exempt under Class 1, Existing Facilities (Section 15301. (c)
of the CEQA Guidelines).
Attachmerd 4
ABAN 201-07 (Froom Ranch kay)
Page 2
Site Description
The total area of abandonment is approximately 77 by 80 feet and comprises a 6,160 square foot area
(see Attachments 1 and 2). The project area is bounded by developed commercial properties, and is
part of a developed City roadway. The road serves as the main entry to Irish Hills Plaza and the
Costco and Home Depot stores. This intersection area is the already partially controlled by these
three adjacent properties.
Proiect Description
The proposed project is a General Plan consistency determination on a requested abandonment of a
portion of public right-of-way known at the southwesterly terminus of Froom Ranch Way (see
Attachment 1 and 2).
EVALUATION
In order to abandon the right-of-way,the California Streets and Highways Code requires the Planning
Commission 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 right-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.
The transition of the public drive area to the private drive area as part of this subdivision has been an
issue dating back to the initial discussions of parceling and annexation. The original property owner
(Madonna) initially proposed that a public street be created all.the way.to the foothills (the Costco
gas station) and that the City maintain the improvements. The City countered that the internal
circulation of the subdivision should be via a private drive system accessing to Los Osos Valley
Road. A compromise was reached that the public/private division would take place at the intersection
of the private drive aisles. Unfortunately, design elements of the intersection had already been
approved by the County as part of the Eagle Hardware project and the intersection was set. This did
not allow for major modifications (narrowing, cul-de-sac treatment or entry feature) to the
intersection that would clearly demark the transition and help traffic operations. Exacerbating this
issue is the fact that the City controlled approach has significantly higher approach volumes than the
other three approaches and this requires a non-uniform traffic control to be used to function
efficiently. Abandonment of this area may allow the property owners to install traffic control of
physical improvements that may make the intersection work more efficiently.
Subsequent to these background issues, two new factors are leading to the support of abandonment of
this portion of Froom Ranch Way. First, as part of the ARC approval of the Irish Hills development,
the ARC required that the project install a marked crosswalk on the City approach to the crosswalk.
This requirement (unbeknownst to the ARC) was in direct conflict with Council adopted policies for
installation of this type of traffic control. Additionally, a private storm drain was proposed and
installed by the Irish Hills development across Froom Ranch Road that is not usually allowed within
public right-of way. Because the two improvements are not ideal in the public right-of-way, allowing
them to exist in a private drive aisle.better meets objectives of the property owners and the ARC.
C�- l�
� -jAttachment 4
ABAN 201-07 (Froom Ranch kay)
Page 3
The following paragraphs discuss pertinent issues associated with the request and evaluate whether
the public way will be needed for future City purposes.
1. Future Circulation Needs
The General Plan Circulation Element designates Froom Ranch Way as a local street. The
abandonment of this portion of the road does not conflict with future circulation needs since the
excess right-of-way is essentially the entry way to Irish Hills Plaza and functions as a driveway and
parking lot accessway to the shopping center. The abandonment is viewed by staff a shifting of the
transition location between public and private from one side of the intersection to the other. The
abandonment of this portion does not limit existing or future circulation needssince the public right
of way would still provide access to Irish Hills Plaza, surrounding properties and there is no potential
for future subdivision west of the Costco parcel. According the General Plan has no plans to extend
Froom Ranch Way to the southwest to connect with additional properties since other properties in
this vicinity are within open space and have slopes that exceed 30%.
Abandonment of the right of way will give control of the driveway entry (street) to the private
property owners allowing installation of the crosswalk and other improvements that are likely to
enhance the entry area. Additionally, the abandonment will place privately maintained infrastructure
including a significant drainage culvert, within private,rather than public property.
Based on this information, and as supported by the City Public Works Department, it can be
concluded that this right-of-way is not planned for any future roadway improvements. Since the end
of the right-of-way is located on a steeply.sloped embankment, development of the right-of-way to
serve additional properties would be a significant engineering challenge and probably infeasible
without significant environmental impacts. Vehicle and access easement rights to the Home Depot
and Costco parcels will be reserved across the abandoned area.
2. Public Utilities
If the Council determines that the right-of-way should be abandoned, easements must be reserved
for public and private utilities to the satisfaction of the City and the respective utility companies.
These easements will insure that the affected local utilities retain rights to repair and service their
facilities within the area proposed for abandonment.
The Public Works Department supports the proposed abandonment, subject to reservation of
necessary easements. The Utilities Department supports abandoning the right of way if an
easement is retained for public utilities purposes. The right-of-way abandonment proposal was sent
to the local utility companies for their review and comment. Other interested parties will be given
another opportunity to comment during the abandonment process prior to final City Council
approval.
Staff finds that the proposed right-of-way abandonment will not adversely impact existing or future
public utilities in the immediate area or in the City as a whole provided the required easements are
dedicated.
c!
ARAN 201-07Attachment 4
(Froom Ranch kay)
Page 4
OTHER DEPARTMENT COMMENTS
The Public Works Department's comments address the reservation of easements and infrastructure
maintenance responsibilities. The Utilities Department's comments address existing wastewater
facilities. These department's comments have been included as conditions of approval.
ALTERNATIVES
1. The Commission may also recommend that the abandonment be denied,based on a finding that a
potential City need may exist for the public right-of-way in the future.
2. Continue the request. If the Commission continues action, then specific direction should be
given to staff and the applicant regarding further information needed.
G:\CD-PLAN\Pdunsmore\Abandonments\201-07(Froom Ranch Road)\ABAN 201-07 PC rpt.doc
Attachment 5
RESOLUTION NO. (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO OF INTENTION TO ABANDON A PORTION OF
FROOM RANCH WAY
(ABAN 201-07)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on March 26,2008 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
Froom Ranch Way adjacent to the retail stores of Costco and Home Depot; 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
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 Froom Ranch Way (as described and shown in Attached
Exhibits), 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 since this portion of the road acts as an
entry to a shopping center with existing private circulation improvements.
2. Extension of the right-of-way as a public street further to the southeast would serve no
public purpose and could create significant environmental impacts since property to the
southeast abuts open space lands with significant slope.
3. The right-of-way abandonment will benefit the general public by allowing private
management of the driveway entries, allowing pedestrian and vehicular circulation
improvements, allowing for private maintenance of existing private drainage facilities 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.
Conditions
� q- 13
City Council Resolution No. " (2009 Series) - Attachmerd 5
ABAN 201-07 (Froom Ranch Way)
Page 2
1. The new monuments set to describe the terminus of Froom Ranch Way and the adjoining
property corners for all affected Parcels 1 —4 shall be documented by a Record of Survey or
other appropriate instrument.
2. The exhibit showing future property lines shall provide dimensions of the areas to be
abandoned to the adjacent parcels and new parcel areas.
3. Private utility companies shall receive additional notice of intention to vacate prior to the
City Council hearing.
4. The abandonment resolution of the City Council shall include the following reservations:
a. The reservation of an easement and right at any time, or from time to time, to
construct, operate, maintain, replace, remove and renew public utility facilities
including sanitary sewers, storm drains, water lines, recycled water lines,
street lights, fire hydrants, utility boxes, valves, wires, cables and
appurtenances in over and across the area to be vacated, including access to
protect these works from all hazards in, upon, and over the area to be vacated.
b. The reservation of an easement for public vehicular and non-vehicular access
for ingress and egress to buildings on adjacent properties over and across the
area to be vacated.
c. 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, February 3, 2009, 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
c 9- iy
City Council Resolution Nod (2009 Series) AttaChment 5
ABAN 201-07 (Froom Ranch Way)
Page 3 :
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 2009.
Mayor Dave Romero
ATTEST:
City Clerk Audrey Hooper
APPROVED:
G;teyonathan Lowell
Attachment:
Exhibit"A"- Street right-of-way Abandonment Map
Exhibit `B"Legal description
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Exhib#-
Exhibit"A"
DESCRIPTION
File no: 658-0001 September 5,2007
A portion of Froom Ranch Way as shown on Parcel Map SLO 00-041, in The City of San
Luis Obispo, County of San Luis Obispo, State of California as recorded in Book 55 of
Parcel Maps at Page 82 in the Office of the Recorder of said County,being more
particularly described as follows;
The southwesterly 77.00 feet of said Froom. Ranch Way.
Containing approximately 6160 square feet.
The above-described land is graphically shown on Exhibit"B"attached hereto and made
a part hereof.
End Description
No.8081
Edward M. Reading, P.L.S. 8081 Exp. 12131107
Expires 12/31/07
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