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Home My WebLink About12/03/1991, C-4 - STREET ABANDONMENT - CONSIDERATION OF REQUEST TO ABANDON A PORTION OF SAN LUIS DRIVE RIGHT-OF-WAY NORTHEAST OF CORRALITOS AVENUE, ADJACENT TO 2097 SAN LUIS DRIVE. I��►i��illllill�° il�lh city of San aIS OBIspo - Gii% COUNCIL AGENDA REPORT FROM: Arnold Jonas, Community Development Director/ By: Whitney McIlvaine, Assistant Planner :; SUBJECT: Street Abandonment - Consideration of request to abandon a portion of San Luis Drive right-of-way northeast of Corralitos Avenue, adjacent to 2097 San Luis Drive. CAO RECOMMENDATION: Adopt a resolution of intent to abandon the requested street right-of-way and set a public hearing date of January 7, 1992. BACKGROUND on November 13th, the Planning Commission recommended that the City Council approve the requested street abandonment. Before the City Council can take action on the street abandonment request, State law requires that the council adopt a resolution of intent to abandon to provide adequate public notice. Details of the area to be abandoned and reasons for the request are outlined in the attached Planning Commission report. ALTERNATIVE 1. Do not adopt a resolution of intent to abandon. Staff does not recommend this alternative since City maintenance would be required for an area, which clearly is no longer a necessary right-of-way. I Attachments: -Draft Resolution -Notice of Planning Commission Action -Planning Commission Report j RESOLUTION NO. (1991 Series) RESOLUTION OF INTENTION TO ABANDON A PORTION OF SAN LUIS DRIVE RIGHT-OF-WAY, NORTHEAST OF CORRALITOS AVENUE,. ADJACENT TO 2097 SAN LUIS DRIVE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon portions of San Luis Drive, as shown on the map marked Exhibit "A", attached hereto and incorporated herein by such reference, pursuant to Section 8300 et. seq. of the Streets and Highways Code. SECTION 2. Copies of the map showing the particulars of the proposed abandonments are also on file in the office of the City Clerk, at 990 Palm Street. SECTION 3. Tuesday, January 7, 1992, 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 not less 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 abandonments, in the Telegram-Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonments in prominent locations near the portion of the street to be abandoned at least fourteen (14) Council Resolution No. (1991 Series) Page 2 days before the date set for the hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 6. The proceeding to be taken will be subject to reservation by the city of public right-of-way easements for utilities and subject to such other conditions as the council deems appropriate. SECTION 7. The City Engineer shall notify utility companies affected by the proposed abandonments at least 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 day of , 1991. Mayor Ron Dunin ATTEST: Pam Voges, City Clerk Council Resolution No. (1991 Series) Page 3 APPROVED: J , City inis rats a Off i er C y to ey Community Deve o ment Director Public Work Director 1A11111111111 h city of sAn tuts oBispo 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 November 20, 1991 Mr. Steven Frank 440 Country Club Drive San Luis Obispo, CA 93401 Subject: Street Abandonment Dear Mr. Frank: The Planning Commission, at its meeting of November 13, 1991, recommended to the City Council approval of your request to abandon a small portion of San Luis Drive right-of- way adjacent to 2097 San Luis Drive. The action was based on the following finding and conditions: Finding: 1. The portion of right-of-way to be abandoned is not needed for present or future public purposes. Conditions: 1. The final abandonment shall not take place until the applicant removes the existing paved parking area and landscaping is installed or bonded for. 2. The applicant shall prepare and submit to the Community Development Director, an agreement for recordation to defer sidewalk installation until such time as the City Engineer determines sidewalks shall be installed. 3. An easement shall be reserved within the existing right-of-wav for existing Pacific Bell telephone utility lines, to the approval of the telephone company and the City Engineer. The action of the Planning Commission is a recommendation to the City Council and, therefore is not final. This matter has been tentatively scheduled before the council on December 3, 1991, for consideration of a "Resolution of Intention to Abandon." If the council adopts such a resolution, it will also set a public hearing to consider final abandonment. That public hearing would take place approximately thirty days later. This date, however, should be verified with the City Clerk's office. d4-,5 Mr. Steven Frank Page 2 If you have any questions, please contact Whitney McIlvaine at 781-7175. Sin erely, Arnold B. Jonas, Dir to Community Developm cc: Charles Hanks ppIIII `` r sanl.�il1s OUMEETING DATE: V I11 ��A��III�IIV��l Nrl� i 11Z��Spo 11- 13-41 C1� of III ITEM NUMBER: u PLANNING COMMISSION STAFF REPORT 3 BY: FILE# Whitney Mcllvaine, Assistant Planner SUBJECT: Consideration of abandonment of a portion of San Luis Drive right-of-way northeast of Corralitos Avenue, adjacent to 2097 San Luis Drive. SUMMARY RECOMMENDATION The Planning Commission should recommend that the council adopt a resolution of intention to abandon. BACKGROUND Situation The applicant is requesting street abandonment in order to accommodate a proposed addition to the front of the house at 2097 San Luis Drive. The additional land area would enable the project to meet street yard setback requirements. The proposed abandonment area is small, triangular in shape and contains approximately 699.4 square feet. It is a remnant piece of right-of-way created as a the result of realigning San Luis Drive to better accommodate lot development in the adjacent Tract 1259 to the east. In the field, the sloping portion of the area to be abandoned reads as a continuation of the applicant' s front yard. The flat portion of the area to be abandoned, together with designated parkway, has been paved as an informal parking area. Data Summary Address: 2097 San Luis Drive Applicant: Charles Hanks Representative: Steven Frank, Civil Engineer Zoning: R-1 General Plan: Low-density residential Environmental Status: Categorically exempt (CEQA Section 15305) EVALUATION Staff sees no real problem with the requested abandonment, and suggests the commission consider the following issues: 1. Necessity of Access: Abandonment of the right-of-way would, now or in the future, not affect access to properties in the adjacent Tract 1259 . 2. Reservations of Easements: Comments received from Public Works and other utilities contacted indicate that easements will not be needed because the abandoned area contains no existing utility lines. Street Abandonment San Luis Drive Page 2 3 . Disposition of the abandoned right-of-way: The ownership of the abandoned right-of-way will revert automatically to the adjacent property owner at 2097 San Luis Drive since the City does not hold fee title to the property. 4. Frontage Improvements: A standard curb and gutter has already been installed along this portion of San Luis Drive at the new alignment. Sidewalk installation has been deferred until called due by the City Engineer. Staff recommends that as a condition of the abandonment, the applicant be required to replace the paved parking area with landscaping. A portion of the paved area would become street yard setback, and parking is not allowed within the required 20-foot street yard setback. The remaining paved area is reserved as parkway for light pedestrian use, and not for vehicles. ALTERNATIVES 1. The commission may recommend that the council approve the abandonment, with or without conditions. State law requires that a finding be made that the right-of-way to be abandoned is not needed for present or future public purposes, now or in the future. 2 . The commission may continue consideration of the abandonment request. In this case the commission should give specific direction to the applicant and staff as to additional information needed and set a specific date for rehearing. 3 . The commission may recommend that the council deny the request. A recommendation of denial should be based on inconsistency with the City's General Plan and the need to retain the right-of-way for public purposes. OTHER DEPARTMENT COMMENTS The Fire, Police, and Public Works departments had no concerns with the project. Public Works noted there are no city utilities in the abandonment area. Street Abandonment San Luis Drive Page 3 RECOMMENDATION Recommend that the City Council approve the abandonment, with the finding that the right-of-way requested to be abandoned is not needed for present or future public purposes, and subject to the conditions that: 1. That final abandonment not take place until the applicant removes the existing paved parking area and landscaping is installed or bonded for. 2. The applicant shall prepare and submit to the Community Development Director, an aggreement for recordation to defer sidewalk installation until such time as the City Engineer determines sidewalks shall be installed. Attachments: vicinity map letter from applicant's representative abandonment map photo available at the meeting D - �• r C - T - SSW R-V + �' \ .�� \ \\0. O Q.:e`.t O O oX. Rpm 1 C/ os .r •ice \. O 01\ P'� �r : \ O C �, O .�°_ a � TO BE ABANDONED T VICINITY MAP 12097 SAN LUIS DRIVE NORTH STREET ABANDONMENT TMSToroc;RAFsic mAP sERVICE (sos) 944-0210 44o C en=try Chub Drtve, Ban Lata Cbtspo, CA 93401 Steven Frank, ACE 30412 TO: Arnold B. Jonas , Director of Community Development FROM: Steven A . Frank, RCE 30412 SUBJECT: Request for abandonment — 2097 San Luis Drive Mr . Charles Hanks is requesting that the surplus property adjoining his residence be abandoned by the City of San Luis Obispo . The area in question was created as a result of the realignment of San Luis Drive when Tract No . 1259 was created . San Luis Drive was moved to the North towards the creekbank of San Luis Obispo Creek to permit residential lots to be developed on the Southeast side of the San Luis Drive extension . All existing utilities have been rerouted outside of the proposed abandonment as shown on the as—built improve- ment plans for Tract No . 1259 (Page 2 of 12) . Mr . Hanks ' final goal is to construct an addition to his residence on the most Northerly corner of the property and the abandonment would permit him to add to the residence and still abide by the standard front yard setback . A detailed topographic survey has been prepared to show the existing features of the property as well as the proposed abandonment . Copies of several recorded maps as well as a portion of the improvement plans for Tract No . 1259 are submitted herewith to help visualize the proposal . Q�QE ESSiOIV . teven A. Frank, CE 30412 :�`` ,��pRNOcpF� �,yc . <<' rn ;z No.30412 J'I C! V 1 v 9lF OF F 0 � a M ^Y LU ' i e x Lu t � � � n W !`T '��'. •' /RLu7 •r1�/ ,AS iL Y O i L • 'r—� •�' tl F 7 ZI � { 7 n sal�► a-r Q LLI a -- o ao 3 L L 0100IL �M t f VICINITY MAP 2097 SAN LUI DRIVE SAN LUIS DRIVE STREET ABANDONMENT ADDENDUM TO ITEM 3 SAN LUIS DRIVE STREET ABANDONMENT A comment received from Pacific Bell after the printing of the staff report indicates the need for a utilities easement in the abandonment area for access and maintenance of telephone service facilities. Therefore the staff recommendation is amended to include a third condition: An easement shall be reserved within the existing right-ofway for existing Pacific Bell telephone utility lines, to the approval of the telephone company and the City Engineer. PACI FIC LP E LL o 3c S rSar=cnc 4 Pactfic Te4sm Company San l:,S u74:..;.d00-n:5 r.! 1 (605) ti46•�451. NOV 0819c November 1, 1991 C Sen L-j—�..... City of San Luis Obispo 990 Palm Street P. 0. Box 8100 San Luis Obispo, CA 93403-8100 Attention: Whitney Mcllvaine, Assistant Planner Street vacation/Abandonment Letter dated: 10/25/91 Street: San Luis Drive Adjacent to 2097 San Luis Drive City: San Luis Obispo County: San Luis Obispo This is in reference to your letter regarding the proposed vacation of the above referenced street. Pacific Bell has facilities within that portion of the street which is being considered for abandonment. These facilities provide telephone service to the immediate area and beyond and must be retained. Pacific Bell, therefore, requests the following language be incorporated in any resolution or ordinance of vacation of said street. "EXCEPTING AND RESERVING THEREFROM PURSUANT TO THE PROVISION OF SECTION 8340 of the Street and highways Code and for the benefit of Pacific Bell, the permanent easement and the right at any time or from time to time to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cable, wires, poles and other convenient structures, equipment and fixtures for the operation of telegraphic and telephone lines and other communication facilities, including access and the right to keep the property free from inflammable materials and wood growth, and otherwise protect the same from all hazards, in, upon, over and across that portion of San Luis Drive abandoned." Please forward a certified copy of the vacating ordinance or resolution to me at the above address. Upon receipt of said copy with the inclusion of the above suggested language, Pacific Bell shall have no objection to the proposed vacation. Sincerely, J. D. Lee Public Works Coordinator 11JLLET.2 OOPIM M ❑0 DawWs Acdan,_,/❑ Fn REVISED MEETING AGENDA CAOlQ CDDDui DATE cA0 ❑ r-w rnx MACAO ❑ MECH rP ❑'azwoiuc. ❑ POUaCFL ❑ MC'MI:TF.AM ❑ RMDUL RESOLUTION NO. 1991 Series LUTION OF INTENTION TO ABANDON A PORTION OF SAN LUIS DRIVE RIGHT-OF-WAY, NORTHEAST OF CORRALITOS AVENUE, -- ADJACENT TO 2097 SAN LIIIS DRIVE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon portions of San Luis Drive, as shown on the map marked Exhibit "A", attached hereto and incorporated herein by such reference, pursuant to Section 8300 et. seq. of the Streets and Highways Code. SECTION 2. Copies. of the map showing the particulars of the proposed abandonments are also on file' in the office of the City Clerk, at 990 Palm Street. SECTION 3. Tuesday, January 7, 1992, eDtL_ 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 not less 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 abandonments, in the Telegram-Tribune, a newspaper published and circulated in this city. SECTION S. The City Engineer shall post at least three (3) notices of the proposed abandonments in prominent locatRC&C 8427 ED J 1991 SAN Lu S OBESPO , CA Council Resolution No. (1991 .Series) Page 2 the portion of the street 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 proceeding to be taken will be subject to reservation by the city of public right :-_1 easements for utilities and subject to such other conditions as the council deems appropriate. SECTION 7. The City Engineer shall notify utility companies affected by the proposed abandonments at least 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 day of , 1991. Mayor Ron Dunin ATTEST: