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:
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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.
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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.
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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
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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).
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Department of Community Development
990 Palm Street/Post Office Box 321, San Luis Obispo,CA 93408
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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
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ATTEST:
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Pam Voges 0
C y Clerk
APPROVED:
ty Adm nistrative Officer
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Commun ty Dev• 1 pment Director
Publ c Works Director
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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.
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Attachments:
-Draft Resolution
-vicinity Map
-Street Abandonment Map
-Use Permit U1529