HomeMy WebLinkAbout04/21/2009, PH2 - ABANDONMENT OF A PORTION OF FROOM RANCH WAY Counat Me Apri
April 21,2009
j acEnaa Report 1®N�
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CITY OF SAN LUIS OBISPO
FROM: Jay D. Walter, Public Works Direct o✓W
Prepared By: Hal Hannula, Senior Civ Engineer
SUBJECT: ABANDONMENT OF A PORTION OF FROOM RANCH WAY
RECOMMENDATION
As recommended by the Planning Commission, adopt a resolution to abandon a portion of Froom
Ranch Way, subject to the recommended conditions and reservation of easements..
DISCUSSION
Background
This abandonment involves the westerly terminus of Froom Ranch Way (Attachment 1). The
area of abandonment includes the intersection of the private access driveways leading from
Froom Ranch Way to Costco, Home Depot and the adjoining building pads. This abandonment
is associated with the development of Irish Hills Plaza and was a city requirement. The purpose
of the abandonment is twofold. First, the abandonment will give control of the intersection to the
adjoining property owners to allow for the installation of crosswalks, intersection controls, and
the potential for other vehicle and pedestrian circulation improvements. Second, a large private
storm drain system is installed through the intersection. Future maintenance and control of the
storm drain would be enhanced by being located on private property and not within the public
right-of-way. The abandonment will also reduce some of the City's costs for maintaining street
infrastructure within the right-of-way.
The Council adopted Resolution No. 10051 (2009 Series) on January 6, 2009 (Attachment 4),
which is a resolution of intention to abandon a portion of Froom Ranch Way. The resolution set
the earliest time and place of this public hearing to allow adequate time to receive any testimony
and to consider finalizing the subject abandonment.
The January 6, 2009 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 5502-08. The final abandonment
resolution includes the reservation of easements and 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 (The Gas Company, Charter
Communications, AT&T, and PG&E) regarding the proposed abandonment in accordance with
prescribed notification requirements. The Gas Company and all wire utilities have existing
infrastructure within Froom Ranch Way. The City of San Luis Obispo has an existing public
water main, sewer main, and public street light improvements in Froom Ranch Way. The final
abandonment resolution provides for the reservation of the necessary public utility, public water
and public sewer easements. u�
CAR-Froom Ranch Way Abandonment Page 2
The existing intersection of Froom Ranch Way and the private access driveways to the shopping
center provides for public vehicle and public pedestrian access. The final abandonment
resolution provides for the reservation of an easement for public vehicular and public pedestrian
access for ingress to and egress from the buildings on adjacent properties over and across the area
to be vacated.
Existing City regulations (per Resolution No. 5478 (1984 Series)) require that all abandonment
conditions be met within one (1) year of the adoption of the Resolution to Abandon. The final
abandonment resolution contains wording to this effect.
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 Community Development Director and
Utilities Director concur with the recommendation.
FISCAL IMPACT
The impact from this abandonment is expected to be minimal. The city will continue to maintain
public water, sewer, and street light utilities. City street maintenance responsibilities for the
abandoned portion will be eliminated thus lowering maintenance costs on Froom Ranch Way.
ALTERNATIVES
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.
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. 10051 (2009 Series)
G:\Staff-Reports-Agendas-Minutes\_CAR\2009\DevRev\Froom Ranch Way Abandonment\CAR
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15009 15011 1551 FroomRanch
Altacbment 2
Recording requested by
and when recorded mail to:
City Clerk
990 Palm Street
San Luis Obispo, CA 93401
RESOLUTION NO. (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT A PORTION OF THE FROOM RANCH WAY
RIGHT OF WAY,IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC
STREET PURPOSES AND ORDERING ITS FINAL ABANDONMENT,SUBJECT TO
RESERVATION OF SPECIFIC EASEMENTS AND OTHER PRESCRIBED
CONDITIONS.
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 January 6, 2009, 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 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 County
Recorder of said County, being more particularly described as the southwesterly 77.00 feet of
said Froom Ranch Way, and containing approximately 6160 square feet, as shown on "Exhibit
A", 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:
1. New monuments shall be set to describe the centerline terminus of Froom Ranch Way
and the adjoining property corners for Parcels 1 —4 of PM SLO 00-041. Said
monumentation shall be documented by a Record of Survey, Comer Record or other
appropriate instrument.
2. A final exhibit shall be provided to the city showing the new parcel boundaries and limits
of Froom Ranch Way. Said exhibit shall include dimensions of the areas to be abandoned
to the adjacent parcels and shall include the new parcel areas.
3. Reservation of easements for public utilities and for access, as follows:
City Council Resolution No. (2009 Series) L a'taehment 2
ABAN 201-07 (Froom Ranch Way)
Page 2
a. Reserving, however, to P. G. & E., A.T.& T., Charter Communications, and The
Gas Company, the right at any time, or from time to time, to construct, operate,
maintain,replace, remove and renew public utility facilities including conduits,
wiring, cables, boxes, piping, and all appurtenances related to providing service
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. Reserving, however, to the City of San Luis Obispo,the right at any time, or from
time to time, to construct, operate, maintain, replace,remove and renew public
utilities including water mains, water service laterals and manifolds, fire hydrants,
valves, sewer mains, street lights, pull boxes, wiring, conduits, and all
appurtenances related to providing service 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.
c. Reserving, however, to the public, the right to vehicular and pedestrian access for
ingress to and egress from the adjoining parcels and across the area to be vacated.
4. All abandonment conditions shall be met within one (1) year of adoption of this
Resolution to Abandon. Otherwise, this resolution will expire and will 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 seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 21" day of April 2009.
Mayor Dave F. Romero
City Council Resolution No. (2009 Series) A,,,.achment 2
ABAN 201-07 (Froom Ranch Way)
Page 3
ATTEST:
City Clerk Audrey Hooper
APPROVED:
orney Jonathan Lowell
G:\Staff-Reports-Ailendas-Minutes\ CAR\2009\DevRev\Froom Ranch Way Ahandonment\Final Abandonment Resolution.doc
PH � -(
Attachment 2
Exhibit "A" r
Parcel 2 Parcel 1
55/PM/82 55/PM/82
1" COPPER DISK
INSCRIBED IS 8081" r-
30.00' R 0
30.02' M 557'01'52"W 455.61' R 0
S57'01'44"W 455.60' M Cn
WCn
o 77.00' 00, 0
ao FROOM RANCH WAY
os 77,00' v)
gg S57001'44"W 458.23' M r-
30.01' M S57'01'52"W 458.30' R
30.00' R. \
---AREA BEING 0
ABANDONED D
Parcel 3
Parcel 4 1" COPPER DISK 55/PM/82
55/PM/82 INSCRIBED IS 8081"
LEGEND
• FOUND RECORD MONUMENT PER 55/PM/82
UNLESS NOTED OTHERWISE
O SET 1"IRON PIPE WITH CAP INSCRIBED"LS 8081"
EXHIBIT-A- Joe No. : 0658-0m
1812 CLMUN COURT FROOM RANCH WAY DRAWING Aa4NDD WW
SM LUM OSiSPO.rA9=1 RIGHT-OF-WAY ABANDONMENT SKETCH DRAWN BY.• sm
FtWl54 444 SHOWING A PORTION OF.551PIM82 DALE : 9AI07
w Xsamxwv ."s CITY OF SAN LUIS OBISPO, CALIFORNIA SCALE : 1'=100'
WALLACE GROUP p
a
Exhibit ,"N'
Attachment 2
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-descnbed land is graphically shown on Exhibit`B"attached hereto and made
a part hereof.
End Description SAND S
' 0 U
No.8081
Edward M. Reading, P.L.S. 8081 ex,. 12(31/07
Expires 12/31/07
lF 0 CALF
Attachment 3
RESOLUTION NO. (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT A PORTION OF THE FROOM RANCH WAY 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 March 26, 2008,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 Froom Ranch Way, is necessary for
present or future public street purposes.
SECTION 2.. This Council, therefore, hereby denies the abandonment of the aforesaid Froom
Ranch Way 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 2009.
MAYOR David F. Romero
ATTEST:
CITY CLERK Audrey Hooper
APPROVED AS TO FORM:
CITY ATTORNEY Jonathan P. Lowell
G:\staff-reports-agendas-minutes\ car\2009\devre\Afroom ranch way abandonmentlaltemate denial resolution.doc
PNa- - 9
-� Attachment 4
RESOLUTION NO.10051 (2009 Serres)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBIS'P.O OF INTENTION TO ABANDON A PORTION OF
FROOM RANCH WAY
(ABAN 20.1-07)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on March 26;2008for 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;
NOW, THEREFORE,BE TT'RESOLVED,by the City Council of the City of San Luis
Obispo as follows:
SECTI.ON 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 seg. 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:
Findinas
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 abandomnent 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.ofway.
4. The proposed right-of--way abandonment is categorically exempt .from environmental
review under Section 15301 of the California Environmental Quality Act.
R 10051
P�a-lo
d
Attachment 4
Resolution No.10051 (2009 Series)
Page 2 }
Conditions
1. The new monuments set to describe the terminus of Froom Ranch Way and the adjoining
property.com=.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 newparcel 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 notconstitute 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 objectingto the proposed abandonment,which time is more than fifteen
(l5)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
abandonnWnt in prominent locations near the portion of the street right-of-way to be:abandoned
. . _�_.----.c:_. -
Resolution No.. 10051 (2009 series) Attachment 4
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:
Upon motion of Council;Member Carter; seconded by Vice Mayor Settle, and on the
following roll call vote-
AYES: Council Members.Ashbaugh, Carter and Marx,Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 6th day ofJanuary 2009.
Mayor David F. Romero
ATTEST:
Audrey Hooper;
City'Clerk
APPRO '
an P. Lowell
City'Attorney
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/ Attachment 4
fth it,"A"
DESCRIPTION
File no:.658-0001 September 5,.2007
A portion ofFroom Ranch Way asshown on Parcel Map SLO 00-041„in The City.of:San
Luis Obispo,County of San Luis Obispo,.State of California as recordediaBook 55 of
Parcel Maps at Page.92 in the,Office of the.Recorder of said County;being more
particularly described as follows;
The.southwesterly 77.0 feet of said Froom RanchWay.
Containing approximately 6160 squarefeet
The above described land is,graphically shown on Exhibit"B"attached hereto•and.umade
a part.hereo£
End description
No.6081
Edward.M.Reading,P.L.S. 8081 Exp.VOW
Expires 12/31/07 9T ate?
CALiFAQ'
PA C)L
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