HomeMy WebLinkAbout04/21/2009, PH3 - ABANDONMENT OF A PORTION OF FREDERICK AVENUE AND HUMBERT AVENUE council AP 21,2009
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CITY OF SAN LU I S O B I S P O
FROM: Jay D. Walter, Public Works Direc
Prepared By: Hal Hannula, SeniorCi ' Engineer
SUBJECT: ABANDONMENT OF A PORTION OF FREDERICK_ AVENUE AND
HUMBERT AVENUE
RECOMMENDATION
As recommended by the Planning Commission, adopt a resolution to abandon a portion of
Frederick Avenue and Humbert Avenue, subject to the recommended conditions and reservation
of easements.
DISCUSSION
Background
This abandonment involves the easterly undeveloped portion of Humbert Ave. and the
undeveloped portion of Frederick Ave. extending from the southerly right-of-way line of Francis
Ave. southerly to the prolongation of Humbert Ave (Attachment 1). The area of abandonment is
generally within the project boundary of the Housing Authority of San Luis Obispo (HASLO)
development project known as Moylan Terrace. The applicant sought approval of a Vesting
Tentative Map, General Plan Amendment and Rezoning, Planned Development Zoning, the
purchase of surplus property, a Use Permit for development on a sensitive site, and the
Abandonment of rights-of=way. These abandonments are critical to the development of the
project as presented.
The Council adopted Resolution No. 10067 (2009 Series) on March 17, 2009 (Attachment 4),
which is a resolution of intention to abandon portions of Frederick Ave. and Humbert Ave. The
resolution set the time and place of this public hearing to receive any testimony and to consider
finalizing the subject abandonment.
The March 17, 2009 agenda report included discussion of the various issues and requirements
regarding this development project, the need for the proposed abandonment and the Planning
Commission's recommendation to the Council for conditional approval, per Planning
Commission Resolution No. 5454-06 and again with Resolution No. 5517-09. The final
abandonment resolution includes 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 responded early in the process
indicating that they do not maintain gas piping facilities within the area of the proposed street
abandonments.
PW 3 -1
CAR-Frederick and Humbert Abandonment Page 2
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
concurs with the recommendation.
FISCAL IMPACT
The impact from this abandonment is expected to be minimal. City street maintenance
responsibilities for the abandoned portion will be eliminated thus lowering maintenance costs on
Humbert and Frederick.
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. 10067 (2009 Series)
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Abandonment of Portions of Frederick AVS- and Humbert AvOlue
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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. (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT A PORTION OF THE FREDERICK AVE AND
HUMBERT AVE RIGHTS OF WAY,ARE UNNECESSARY FOR PRESENT OR
PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING THEIR FINAL
ABANDONMENT, SUBJECT TO 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 March 17, 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 Frederick Ave. and Humbert
Ave. as shown on the map for the Imperial Addition in the City of San Luis Obispo, County of
San Luis Obispo, State of California as recorded in Book A of Maps at Page 128 in the Office of
the County Recorder of said County and as shown on"Exhibit A", attached hereto and
incorporated herein, are not necessary for present or future public street purposes. The portion of
Frederick Ave. to be abandoned is further described as a 60' right-of-way extending from the
southerly right-of-way line of Francis Ave. in a southerly direction to the northerly line of the
previous Frederick Ave. abandonment described in 263 OR 33 on file in the office of the County
Recorder. The portion of Humbert Ave. to be abandoned is further described as a 60' right-of-
way extending from the prolongation of the westerly line of Lot 9, Block 14 of the Imperial
Addition as previously referenced in an easterly direction to the westerly right-of-way line of
Frederick Ave.
SECTION 2. This Council hereby orders the abandonment of said rights-of-way subject to
the following conditions:
1. The street abandonments shall not be finalized by the City until after all of the project
discretionary approvals have been"secured by the Housing.Authority of the City of San
Luis Obispo (HASLO) for their housing project.
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City Council Resolution No. (2009 Series) nttachmcnt Z
ABAN 27-06 (Frederick and Humbert Ave.)
Page 2
2. The rights-of-way necessary to complete the cul-de-sacs at the Francis and Humbert street
ends shall be irrevocably offered or re-offered for dedication to the City concurrent with
or prior to final street abandonments. The required offers shall reflect City standard cul-
de-sac designs to the satisfaction of the city.
3. The final development proposal shall incorporate design features that will help to reduce
direct motor vehicle access from the site and/or adjoining street ends to the railroad tracks
and railroad right-of-way.
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 21S`day of April 2009.
Mayor Dave,F. Romero
ATTEST:
City Clerk Audrey Hooper
APPROVED:
City Attorney Jonathan Lowell
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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 FREDERICK AVE.AND
HUMBERT AVE.RIGHTS OF WAY ARE 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 Frederick Ave. and Humbert Ave., are
necessary for present or future public street purposes.
SECTION 2. This Council, therefore, hereby denies the abandonment of the aforesaid
Frederick Ave. and Humbert Ave. rights 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
Ga:\staff-reports-agendas-minutes\ car\2009\devrev\frededck&humbert abandonment(haslo)\altemate denial resolution.doc
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Attachment 4
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RESOLUTION NO. 10067 (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
OF INTENTION TO ABANDON PORTIONS OF FREDERICK STREET
AND HUMBERT AVENUE RIGHTS-OF-WAY; ABAN 27-06
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 February 11, 2009, for the purpose of considering application
GPAIR/PD/TR/ABAN/A 27-06 and ER 123-08, and 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
abandonments are consistent. with the City's General Plan, and recommended that the City
Council approve the abandonments, 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 Pali Street, San Luis Obispo, California, on March
17, 2009, pursuant to a proceeding instituted under application ABAN 27-06,Housing Authority
of San Luis Obispo County, applicant.
NOW, THEREFORE, BE IT RESOLVED,:by the 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, pursuant to Section 8300 et seq. of the State of California Streets and
Highways Code, and that the abandonments shall be based on the following findings and
conditions:
Findings:
1. The proposed abandonments.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 10067
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Resolution No. 10067 (2009 Series) Attachment 4
Page 2
3. The abandonments of the rights-of-way will benefit the general public by eliminating
unused right-of-way and the City's costs for maintaining additional infrastructure
improvements.
4. The proposed rights-of-way abandonments are categorically exempt from environmental
review under Section 15301 of the California Environmental Quality Act.
Conditions:
1. The street abandonments shall not be finalized by the City until after all of the project
discretionary approvals have been secured by the Housing Authority of San Luis Obispo
(HASLO)for their housing project.
2. The rights-of-way necessary to complete the cul-de-sacs at the Francis and Humbert
street ends shall be irrevocably offered or re-offered for dedication to the City concurrent
with or prior to final-street abandonments. The required offers shall reflect City standard cul-
de-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 Avenue abandonment, as generally depicted in
Exhibit A, to the satisfaction of the City Engineer. Said easement or dedication shall be
offered to the City concurrent with or prior to final street abandonment,
4. The final development proposal shall incorporate design features that will help to reduce
direct.motor vehicle access from the site and/or adjoining street ends to the railroad tracks
and railroad right-of-way.
SECTION 2. Copies of the map showing the particulars of the proposed abandonments
are on file in the office of the City Clerk, at 990 Palm Street.
SECTION 3. Tuesday, April 21, 2009, at 7:00 pan. 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 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) public 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.
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Attachment 4
Resolution No. 10067 (2009 Series)
Page 3
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.
Upon motion of Vice Mayor Settle; seconded by Council Member Carter, and on the
following vote:
AYES: Council Members Ashbaugh, Carter and Marx, and Vice Mayor Settle
NOES: None
ABSENT: Mayor Romero
The foregoing resolution was adopted this 17'h day of March 2009.
Mayor David F. Romero
ATTEST:
Audrey per '
City Cl
APPROVED AS TO FORM:
io . Lowell
City Attorney
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