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HomeMy WebLinkAbout12/10/1991, 1 - PUBLIC HEARING TO CONSIDER THE FINAL ABANDONMENT OF A PORTION OF EXCESS BOYSEN AVENUE RIGHT OF WAY, NEAR SANTA ROSA ST. '��/ (r� MEETING GATE: uiu I city osan lugs oB�spo December 10, 199 COUNCIL AGENDA REPORT ITEM NUMBER: / David F. Romero Public Works Director _ Wayne A. Peterson, City Engineer 7.' Prepared by: Gerald W. Kenny, Supervising Civil Engineer SUBJECT: Public Hearing to consider the final abandonment of a portion of excess Boysen Avenue Right of Way, near Santa Rosa St. RECOMMENDATION: Adopt a resolution abandoning a portion of Boysen Avenue right of way, subject to conditions. DISCUSSION: The Council adopted a "Resolution of Intention" [Resolution No. 7051 (1991 Series) ] on November 19, 1991 setting this hearing to consider the abandonment of a portion of Boysen Avenue, in conjunction with the development of a new Carl's. Jr. restaurant. There are existing overhead and underground utilities within the area to be abandoned in addition to a City water main. They must be relo- cated (at the expense of the applicant) in order to construct the new restaurant as proposed. New easements are required for these utilities. (See attached Council agenda report for 11-19-91) Conditions are included in the final abandonment resolution that require the above-mentioned items to be completed, and a lot line adjustment to be recorded, concurrently with the abandonment resolution. The affected utility companies have agreed to these terms. The resolution also includes a "sunset clause", whereby the abandonment would be dropped after 180 days if all conditions haven't been met. In any case, the resolution would not be recorded until all conditions are met. The Community Development Director granted the project a mitigated negative declaration regarding environmental impact. ALTERNATIVES: option 1: Adopt resolution finding and determining that the right of way is not necessary for present and future public purposes. Recorda- tion of the final resolution shall be recorded concurrently with the recordation of LLA 91-193 after meeting the other conditions. STAFF RECOMMENDED ACTION. Option 2 : Conduct public hearing and continue action on the abandonment pending completion of any conditions the Council feels are necessary to be met, prior to final passage of the abandonment. An advantage would be that all conditions would be met prior to final approval. A disadvantage would be the property line adjustment between the owners may be delayed until the Council made the final decision. I— I city of san Luis oBispo COUNCIL AGENDA REPORT. Boysen Avenue Abandonment Meeting of December 10, 1991 Page Two FISCAL FACT: None CITIZEN PARTICIPATION: This is a hearing to receive public testimony. The public has been informed of this hearing via newspaper advertisement and by posting at , the site, in accordance with the California Streets & Highways Code. The Planning Commission has recommended the abandonment. No public comment opposing this abandonment was received during the Planning Commission hearing process. CONCURRENCES: The City Attorney and Community Development Director concur with the recommended action. RECOMMENDATION: Adopt a resolution finding and determining that this portion of Boysen Avenue Right of Way, as described and shown on "Exhibit All are not necessary for existing or future public purposes, and ordering the abandonment of same, subject to relocation of public utilities and City water main, dedication of necessary easements, and recordation of LLA 91-139. Attachments: 1- Draft Resolution of Abandonment 2- Vicinity Map 3- Resolution No. 7051 (1991 Series) 4- Council Agenda Report of 11-19-91. P: \jerry\BoysenAb.wp Recording requested by. and when recorded mail to: City Clerk City of San Luis Obispo P. 0. Box 8100 San Luis Obispo, CA 93403-8100 RESOLUTION NO. (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF BOYSEN AVENUE NEAR SANTA ROSA STREET IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC PURPOSES AND ORDERING THE ABANDONMENT OF SAME SUBJECT TO RECORDATION OF LLA 91-139 AND RECORDATION OF NEW UTILITY EASEMENTS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on December 10, 1991, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that a portion of Boysen Street right-of-way as described and shown on the map marked "Exhibit All, attached hereto and incorporated herein are not necessary for present or future public purposes. SECTION 2. This Council hereby orders the abandonment of said right of way, subject to: 1. Satisfactory arrangements to guarantee the relocation of public utilities, including water, telephone and electric power, and dedication to the City of necessary easements, to the satisfaction of the respective utility companies and the City Engineer, and 3 Resolution No. (1991 Series) Page Two. 2. Recordation of a lot line adjustment under LLA 91-139; and 3. The above-conditions must be met within 180 days of the date of this resolution or the resolution shall be void, unless extended by the Council. SECTION 3. Upon notice by the City Engineer that all conditions have been met, as prescribed in Section 2 above, the City Clerk shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City, . to be recorded in the Office of the Recorder of the County of San Luis Obispo. 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 ATTEST: CITY CLERK Resolution No. (1991 Series) Page Three APPROVE Ca A inist tive Officer C tto ne Community De a pment Director -city En nee* P\jeny\9oysem4b.wp - ti ,P I �S N.T, rw20' ti yG�l 0/ R=3G' 3 �;Z LEGAL DffCRIR7T10N That portion of Boysen Avenue right of wayy, as shown on the map for Tract No. M recorded in Books of Maps, at page fel) in the Office of the County Recorder, City of San Luis Obispo. County of San Luis Obispo. State of California. more pardc ulariy described as follows: That portion lying southeasterly of the northeasterly prolongation of the northwesterly line of Lot 1 having a bearing of North 38 degrees 37 minutes East per said Tract 68. EXCEPT that portion lying northwesterly of a circular cuive, concave to the southeast, having a radius of 20.00 feet, and being tangent to the northwesterly prolongation of the aforesaid northwesterly line of Lot 1, and terminating at a tangent poird on the southwesterly right of way line of Califomla State Highway 1 (Santa Rosa Street). -�/ O EEXHIL51 T /I " leiII `i, Ci San IU1 S OBI SPO �ays�� ,�v�• dons„�„t Department of Community Development 990 Palm Street/Post Office Box 321, San Luis Obispo,CA 93408 DATAPPIMT ti135B1 MPi R , T v/OS 10 ' � /�• rrr trr !•s!n ? 'R11. �► . ,.. 4' s A Is • mow` MN R-4 '2� :�� '' • � • bit p• 'i °!. ��� 'fie., ,: � •�� A80.9�' Ax •� - IT ..•' -_ •Awv - �_ '.. i - Am•4 - -. .�•,• ' ARA oft ion Alf• p1I .a L> ��._t -_:. 16• .. • .. . ARW _ _ w .4 1 •4 MM" A N4a Ah .:°. .. _ .. .. A�Af T �.�j.y ulw,Nwy ry, � w � •ruY•791nt ASsq� w•'i•.. _ �.:'y- - _ ,` _ - Y.I.• r1 ISLVD is .... O �'�.�w�� ... NA•w.� _. - �e MM/. _ =.• r,•a y.0 Yc �. -_— _ __ lemma ■A' N ° / Ste_ ... •M A ..y L�. ' - .`.mai'. _ .... �.. ..�• .�j�- -��'.:��.'.�:1•.�..-� .'� _- _ _ —_� _ - -- 1-7 T RESOLUTION NO. 7051 (1991 Series) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF BOYSEN AVENUE NEAR NORTH SANTA ROSA STREET. 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 a portion of Boysen Avenue near itsintersection with North Santa Rosa Street (State Highway 1) , as shown on the map marked Exhibit "B" , attached hereto and incorporated herein by such reference, pursuant to Section 8300 et. seq. of the Streets and Highways Code, and that the abandonment shall be subject to the following finding and conditions: Findina 1. The public right-of-way to. be abandoned is not needed for present or future street purposes. Conditions 1. The final street abandonment shall be recorded concurrently with the record of survey and certificate of compliance for Lot Line Adjustment LLA 91-139. 2. Applicant shall offer for dedication to the City and show on the record of survey or final map an easement for utilities within the right-of-way to- be abandoned, to the approval of the utility companies and the City Engineer. 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; December 10; 1991, in the Council Chamber of the City Ha11, 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 Council Resolution No. 7051 (1991 Series) Page 2 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) 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 Councilwoman Rappa , seconded by Councilwoman Pinard , and on the following roll call vote: BYES: Councilmembers Pinard, Rappa, Reiss, Roalman and Mayor Dunin NOES: None ASSENT: None the foregoing resolution was passed and adopted this 19th - day. of -- .. ... November. . __ 1991... R-7051 / Council Resolution No. 7051 (1991 Series) Page 3 ayor on in ATTEST: U, Pam Voges 0 C y Clerk APPROVED: ty Adm nistrative Officer t Commun ty Dev• 1 pment Director Publ c Works Director -_ Attachment:— Exhibit- A m Street= Abandonment Ma -- -- - --" "`-`—' • '.11. ^!'.�T14: •:J1L � '" IMcVT��ij'K-�1�q"�t�:�.17i�'1dQ.i1f i:- 1;i1�-•.:�,r�`t?y.. t. •.. sT�islstatat LIMITS ' • ivartta�=ts,�tstsiatsi • taws . ssnrsrttsrt.r.arrsrsur�rstais C/4S - 10 oq ,4All� ti 0 �Ol tip, r''' r� .•ti ''re �Z • its Ad" AP me An. w w pa ; •pias .as, :n t' ' ' A•� no • Y7�7• •N ti W Ytl M•-t.. w r ? r ``JI� a 8 . ppI I P., Ilia 1 wwr� „jai ' 8 � • PORTION OF BOYSIN S= RIGHT-OF-WAY M BE ABANDONED, I)SE PSbaT MS29 -• Request. to aalow new restaurant and Office building at 179 No. Santa Rosa Street (State Highway 1) EXHIBIT5 - MEETING DATE: city or sans OBISpo //-/p-9/ flIIP���II�I "� COUNCIL AGENDA REPORT ITEM NUMBER FR rnold Jonas community Development Director; By: Jeff Hd��iate Plan er SUBJECT: Street Abandonment - Consideration of request to abandon a portion of Boysen Avenue near North Santa Rosa Street. CAO RECOMMENDATION: Adopt a resolution of intent to abandon the requested street portion, and set a public hearing on December 10, 1991 to consider abandonment. BACKGROUND On October 23rd, the Planning Commission approved a use permit for a new restaurant and office building at the former Crest Pizza site at 179 North Santa Rosa Street (State Highway 1) . As a related item, the Commission recommended that the City Council approve abandonment of a small portion of unused Boysen Avenue right-of- way. 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. ADVISORY BODY RECOMMENDATION The Planning Commission recommends that the City Council abandon the small portion of Boysen Avenue which historically has been part of the Crest Pizza Restaurant parking lot. If abandoned, the right-of-way would be added to the restaurant site through a lot line adjustment. Commissioners approved the use permit (Use Permit 1529, attached) and agreed with City and CalTrans engineering staff that the right-of-way was not needed for existing or future street purposes. EVALUATION Steiner Properties proposes a 3 ,300 square foot Carl' s Jr. restaurant on the former Crest Pizza site, located at the south corner of Boysen Avenue and North Santa Rosa Street. A two-story, 2, 900 square foot office building is also proposed on the 1/2 acre site. The applicant wants the City to abandon a portion of Boysen Avenue right-of-way, and adjust lot lines to add the abandoned right-of-way to the restaurant site. . This project would share driveway access with the adjacent University Square Shopping Center. The abandonment involves a 1,543 square foot portion of Boysen . Avenue which has historically been used as parking area for the Crest Pizza Restaurant and for University Square Shopping Center. The right-of-way was created with Tract 66, recorded in 1952, and apparently was intended to allow for a frontage road or highway- design right turn lane from Boysen Avenue onto . North Santa Rosa Street. . Its location appears based on a much wider Highway 1 than needed under current standards. CalTrans and the City Engineer__.. . 111111110gcity O� San JSs OBISPO A� COUNCIL AGENDA REPORT REMEWC Staff Report Page 2 have no objections to the abandonment, and indicate that the right- of-way portion is not needed now, nor is it likely to be needed in the future. Public utility companies also support the abandonment, provided that an easement for utilities is retained. Upon abandonment, ownership of the right-of-way would revert back to the underlying property owners and reflected in a new record of survey to be recorded pursuant to conditions of the lot line adjustment. ALTERNATIVE 1. Do not adopt a resolution of intent to abandon. If the right- of-way portion is not abandoned, the project will have to be redesigned since a portion of the proposed restaurant is located within the right-of-way to be abandoned. In this case, the approved use permit plans could not be implemented. I I i i I Attachments: -Draft Resolution -vicinity Map -Street Abandonment Map -Use Permit U1529