HomeMy WebLinkAbout01/07/1992, 1 - PUBLIC HEARING TO CONSIDER THE FINAL ABANDONMENT OF A PORTION OF EXCESS SAN LUIS DRIVE RIGHT-OF-WAY, NORTHEASTERLY OF CORRALITOS.I��hIUgII�IVIIIII�p��IlUl�l
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o san IS oBIspo Janua anua 7 1992
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM:
David F. Romero, Public Works Director
Wayne A. Peterson, City Engineer.
Prepared by: Gerald W. Kenny, Supervising Civil Engineer
SUBJECT:
Public Hearing to Consider the Final Abandonment of a Portion of
Excess San Luis Drive Right -of -Way, Northeasterly of Corralitos.
RECOMMENDATION:
Adopt a Resolution Abandoning a Portion of San Luis Drive Right -
of -Way, Subject to Conditions.
DISCUSSION:
The Council adopted a "Resolution of Intention" (Resolution No. 7057
(1991 Series)] on December 3, 1991 setting this hearing to consider the
abandonment of a portion of San Luis Drive. The abandonment is being
conducted at the request of the adjacent property owner.
During preparation of the final exhibit and legal description it was
determined that a small sliver of right -of -way should be included
adjacent to Lot 28 and which would accrue to that lot. This is
included in the final abandonment resolution and provides for a uniform
right -of -way width.
Planning Commission recommended the following 3 conditions of approval:
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 -way for
existing Pacific Bell telephone utility lines, to the approval of
the telephone company and the City Engineer.
There are no existing utilities within the area to be abandoned. They
were relocated by Tract No. 1259 because of a realignment of San Luis
Drive at this location. Pacific Bell originally indicated a need to
reserve an easement over the abandonment area for existing facilities,
but have since determined that their facilities are outside the area
and that they no longer need an easement reservation. (See attached
Council agenda report for 12- 3 -91.)
Conditions 1 and 2 are included in the draft final abandonment
resolution. A clause is included stating the resolution is not to be
recorded until all conditions have been met. A "sunset clause" is also
included which states that if all conditions are not met within 90
days, the resolution will be null and void. I_ I
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COUNCI` AGENDA REPOORT
San Luis Drive Abandonment
Meeting of January 7, 1992
Page Two
The Community Development Director has determined the abandonment to be
categorically exempt 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, subject to
meeting the stated conditions. STAFF RECOMMENDED ACTION.
Option 2: Conduct public hearing and continue action on the
abandonment until 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 that additional Council action would
be required prior to final passage of the resolution.
FISCAL IMPACT: 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, subject to
meeting the stated conditions. 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 resolution finding and determining that this portion of San Luis
Drive right -of -way, as described and shown on "Exhibit A", are not
necessary for existing or future public purposes, and ordering the
abandonment, subject to: 1) removal of asphalt concrete pavement
between the curb and ultimate setback line, and installation or bonding
for landscaping, and 2) execution of a standard covenant to defer
sidewalk improvements.
Attachments:
1 - Draft Resolution of Abandonment
2 - vicinity Map
3 - Resolution No. 7057 (1991 Series)
4 - Council Agenda Report of 12 -03 -91
P: \1e"SLDAban.wp 1 -
Recording requested by
and when recorded mail to:
City Clerk
City of San Luis Obispo
P. O. Box 8100
San Luis Obispo, CA 93403 -8100
RESOLUTION NO. (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT A PORTION OF SAN LIIIS DRIVE IS
UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC PURPOSES AND
ORDERING THE ABANDONMENT OF SAME SUBJECT TO CONDITIONS.
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 January 7, 1991 pursuant to Section 8300 et seq. of the
California Streets and Highways Code, this Council finds and
determines that a portion of San Luis Drive right -of -way as
described and shown on the map marked "Exhibit A ", attached
hereto and incorporated herein is not necessary for present or
future public purposes.
SECTION 2. This Council hereby orders the abandonment of
said right of way, subject to:
1. Removal of existing asphalt concrete paving between the
curb line and the new building setback line and installation
or bonding for landscaping, to the satisfaction of the
Community Development Director, and
1 -3
Resolution No.
Page Two.
(1992 Series)
2. Execution of a standard covenant to defer sidewalk
improvements, to the satisfaction of the City Engineer and
Community Development Director.
3. The above - conditions must be met within 90 days of the
date of this resolution or the resolution shall be null and
void, unless extended by the Council.
SECTION 3. Upon notice by the City Engineer that all
conditions prescribed in Section 2 above have been met, 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
, 1992.
ATTEST:
CITY CLERK
MAYOR
Resolution No. (1992 Series)
Page Three
APPROVED:
City AdministrAive Offi6er
Community DeArelopment Director
12 NIT
City Engineer
1 -S
THA'
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DESCRIBED AS FOLLOWS:
THAT PORTION, ADJACENT TO LOTS 28 AND 29 OF SAID TRACT NO. 43, LYING SOUTHEASTERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 28; THENCE, NORTHEASTERLY ALONG THE
NORTHWESTERLY LINE OF SAID LOT 28 A DISTANCE OF 51.25 FEET TO A POINT; SAID POINT BEING THE
BEGINNING OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 280.00 FEET, A CENTRAL
ANGLE OF 22 DEGREES 29 MINUTES 59 SECONDS AND A LENGTH OF 109.95, MORE, OR LESS.
01111p�I 1�1 Cm/ Of EXHIBIT „xt
sM Luis oBIspo SAN LUIS DRIVE
Public Works Department ABANDONMENT
955 Mos a St So= Luis Oblopo, CA 95401
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VICINITY MAP 2097 SAN LUIS DRIVE NORTH
STREET ABANDONMENT
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RESOLUTION NO. 7057 (1991 Series)
RESOLUTION OF INTENTION TO ABANDON A PORTION OF
SAN LIIIS 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, at 7:05 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 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
R -7057 1-8
Council Resolution No. 7057 (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 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 Councilwoman Rappa , seconded by
Councilman Roalman and on the following
roll call vote:
AYES: Councilmembers Pinard, Rappa, Reiss, Roalman and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this
day of December , 1991.
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VICINITY MAP 2097 SAN LUI DRIVE
SAN LUIS DRIVE STREET ABANDONMENT
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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.
.�►Au�►►q�i�Pll`v1U city of San ' 'IS OBISPO
NjjS COUNCIL AGENDA REOORT
_ G
FROM: Arnold Jonas, Community Development Director; By: Whitney
McIlvaine, Assistant Planner'.r�I.
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.
Attachments:
-Draft Resolution
- Notice of Planning
- Planning Commission
Commission Action
Report
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of sAn luis oaspo
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 -wav 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 -way 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 bearing would take place approximately thirty days later. This
date, however, should be verified with the City Clerk's office.
1 �13
.�?�
Council Resolution No. (1991 series)
Page 3
APPROVED:
Mr. Steven Frank
Pave 2
If you have any questions, please contact Whitney McIlvaine at 781 -7175.
Sin erely,
Arnold B. Jonas, I
Community Dever
cc: Charles Hanks
MEETING DATE:
NIIIII1P1 city of San Is OBISpo 13 -41
ITEM NUMBER:
Mis PLANNING COMMISSION STAFF REPORT 3
BY: FILE #
Whitney McIlvaine, 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.
1 -�Co
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.
lei
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
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VICINITY MAP 2097 SAN LUIS DRIVE NORTH
STREET ABANDONMENT
TMSropoGRApffiC M" SMViCE (605) 544 -0=0
440 c "=rtry Club Drtve, Ban Luis Obispo, CA 93401
Steve a Fr=14 RCE 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.
teven A. Frank, CE 30412
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No. 30412
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PACIFIC'��SELL.
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November 1, 1991
City of San Luis Obispo
990 Palm Street
P. 0. Box 8100
San Luis Obispo, CA 93403 -8100
NOV 08195 .
r Son 1.,.,
Attention: Whitney Mcllvaine, Assistant Planner
Street Vacetion/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 re-ained. ?acific
Bell, therefore, requests�he 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
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