HomeMy WebLinkAbout09/21/1999, 6 - ABANDONMENT OF A 10 FT. WIDE PUBLIC WAY AT 1890 AND 1900 SAN LUIS DRIVE council 9 21-99
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CITY OF SAN' LUIS OBISPO
FROM: Lee Price, City Cler(�j�
Prepared By: Mary Kopecky, Assistant.City Cerk
SUBJECT: ABANDONMENT OF A_ 10 FT..WIDE PUBLIC WAY AT f890 AND
1900 SAN LUIS-DRIVE
CAO RECOMMENDATION
Continue to October 5, 1999 due to the fact that the resolution of intent was not published in a
timely manner. Therefore, staff is requesting that this item be continued to October 5, 1999 in
order to properly notice this item.
Council Mdm D� 9- 21-q9
j agcnaa REpoRt '6
CITY OF SAN LUIS OBISPO
FROM: Michael D. McCluskey, Director of Public Worksfv1"A_
Prepared By: Jerry Kenny, Supervising Civil Engineer
SUBJECT: Abandonment of a 10 ft. wide public way a, 1890 and 1900 San Luis Drive
CAO RECOMMENDATION
Adopt a resolution abandoning a 10 ft.- wide public way at 1890 and 1900 San Luis
Drive, subject to reservation of certain easements and conditions, as recommended.
DISCUSSION
Background
The Council adopted a "Resolution of Intention" [Resolution No. 8954 (1999 Series)] on August
17, 1999 setting the time and place for this hearing to consider the abandonment of a 10 ft.-wide
public way,between San Luis Drive and San Luis Obispo Creek. The August 17th Council
Agenda Report[Attachment 2] included the Planning Commission's recommendation for
approval, subject to reservation of necessary easements for the utility companies to access and
maintain its facilities, maintenance and replacement of an existing public storm drain which
conveys drainage runoff from the surrounding streets and neighborhood to San Luis Obispo
Creek and for emergency access to the creek.
Fee ownership of the"public way"by the respective property owners already exists, as noted in
the previous agenda report. The abandonment action would only eliminate certain rights of the
City to allow"public access" through the properties. Fences and a 10 ft.-wide gate (at 1900 San
Luis Drive) already exist along the common property line (centerline of the public way) and
crossing the public way.
At the August 17`s meeting, Councilman Romero suggested that a condition be imposed that
requires the subject property owners to be responsible for the removal and/or replacement of
fencing or gates and any other"City-approved" facilities or landscaping within the easement, if
necessary, in order to repair or replace the existing storm drain pipe or utility facilities. A gate or
gates along the street frontage must be provided for easy access,to the satisfaction of the Public
Works Director. The existing gate on the 1900 San Luis Dr. lot is adequate.
Staff has incorporated a condition in the final abandonment resolution that requires the execution
and recordation of an encroachment agreement, wherein the affected property owners agree to
abide by the above-described conditions. The final abandonment resolution would not be
effective, nor recorded, until such an agreement is consumated and recorded along with the final
resolution. Per City regulations, any"conditional" abandonment resolution expires after 1 year,
if any conditions have not been satisfied.
6-1
Council Agenda Report—San Ldis Drive Public Way Abandonment:
Page 2
The notices and posting requirements of the California Streets and Highways Code have been
completed, as prescribed in the Resolution of Intention. The Council must now receive any
public testimony and decide whether to approve or deny the abandonment.and incorporate any
.revised or additional conditions..
This abandonment is categorically exempt from environmental review per City Environmental
Guidelines and the California Environmental Quality Act(CEQA), Section 15301.
CONCURRENCES
The City Attorney and Community Development Director concur with the recommended action.
FISCAL EMPACT
None
ALTERNATIVES
The Council may determine that this public way is necessary for public right of way purposes and
deny the abandonment.
Attachments
1 -Draft:final.abandonment resolution
2 -Council staffreport dated August 17, 1999(w/attach.)
3 -Resolution No. 8954(1999 Series)
4- Draft resolution denying abandonment
I:/Council Agenda Reports/San Luis Drive 1890.& 1900 Final Abandonment
6-2
A#*A „yea t I
Recording requested by
and when recorded mail to:
City Clerk
990 Palm Street
San Luis Obispo, CA 93401
RESOLUTION NO. (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND
DETERMINING THAT A 10 FT.WIDE PUBLIC WAY AT 1890& 1900 SAN LUIS DRIVE
IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC ACCESS PURPOSES
AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF SPECIFIC
EASEMENTS AND OTHER 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 September 21, 1999,cont inued
to October 5 , 19$T and
pursuant to Section Ob et seq. of the California Streets and Highways Code, this Council finds
and determines that the 10 R-wide public way, as described and shown on the map marked
Exhibit "A", attached hereto and incorporated herein, is not necessary for present or future public
access purposes.
SECTION 2. This Council hereby orders the abandonment of said right-of-way subject to:
A. Reservation of an easement for public utilities, storm drainage and emergency creek access
purposes, over the entire abandonment area.
B. Execution of an agreement wherein the respective adjacent property owners agree to be
responsible for removal and replacement of fences, as necessary to repair or replace City storm
drain or utility company facilities, and further agree to not plant trees or install any structures
within the area of the easement reservation without specific approval by the Public Works
Director and Community Development Director.
6-3
a
Resolution No. (1999 Series)
Page Two
C. Item B above must be met within one (1) year of this date. Otherwise, this resolution will
expire and be null and void.
SECTION 3. Upon notification to the.City Clerk by:the Director of Public Works that the
condition prescribed in Section 2 B. above has been met, the City Clerk shall cause a certified
copy of this Resolution of Abandonment, duly attested under the seal ofthe 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 passedand adopted this day of 1999.
MAYOR Allen IC: Settle
ATTEST:
CITY CLERK Lee Price
APPROVED AS TO FORM:
�tY .T?ANAEY effr G. Jorgensen
I:/Council Agenda Reports/San Luis Dr. 1890& 1900 Final Abandonment resolution
6-4
203.52 j LEGAL DESC OF ABANDONMENT
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I That certain 10 ft.-wide public"way",as shown on Tract 43
w as recorded in Book 5 of Maps,at Page 64, in the Office of the
V San Luis Obispo County Recorder, State of California, lying
207. 00 I etween Lots 8 and 9 of Block 4 of said Tract 43.
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CITYOF SAN LUIS O B I S P O
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FROM: Arnold Jonas,Community Development Director
Prepared By: John Shoals,Associate Planner
SUBJECT: CONSIDERATION OF A REQUEST TO ABANDON A PUBLIC WAY
BETWEEN 1890 AND 1900 SAN LUIS DRIVE.
CAO RECOMMENDATION:
Pass a Resolution of Intention to consider abandonment,and set a public hearing for September 21,
1999.
DISCUSSION:
Project Description
The project is a request to abandonment a 10-foot wide right-of-way(public way) between 1890
and 1900 San Luis Drive. Specifically,the City Council is being asked to adopt a "Resolution of
Intention" to consider abandonment of the public way, and which sets a date and time for final
abandonment in accordance with the California Streets& Highways Code.
The site is a 10-foot wide by 139-foot long public way. The right-of-way was never improved
with pavement or fencing. It is presently covered with grass, low shrubs and a large tree near the
creek. On-site utilities include overhead electrical lines and a City underground storm drain.
Project Data Summary
Applicants/PropertyOwners: Eugene and Sherl Goldschmidt.
Representative: Strong Planning Services
Zoningof Adjacent Property: R-1(Low-DensityResidential)
General Plan Designation of Adjacent Property: Low Density Residential
Environmental Status: Categorically exempt-Class 1,Existing Facilities
(Section 1530 L(c)of CEQA Guidelines).
Project Action Deadline: Not applicable.
Situation
The applicants are requesting that the City of San Luis Obispo abandon a 10-foot wide public right-
of-way (public way) to allow them to build a legal conforming house addition. This public way
was established in 1947on the subdivision map for the purpose of providing access to San Luis
Creek,public utilities and to maintain a public storm drain.The public way is unimproved and has
never been used as public access to the creek. Abandonment of the right-of-way would allow the
applicants to build a home addition with a 5-foot side setback as required by City6 Zc�ing
Council Agenda Report .
ABAN 108-99(1890-1900 San Luis Drive)
Page 2
Regulations. Typically, when right-of-way is abandoned, unencumbered fee title reverts to the
adjacent property owner(s), subject to title company certification and retention of any necessary
easements for utilities. If.the abandonment is approved, one-half(five feet) of the easement area
would revert to each of the adjacent property owners (1890 and 1900 San Luis Drive), and the
applicant would then be able to obtain the necessary permits for the home addition, without the
need for a use permit or variance. It should also be noted that the abandoned right-of-way would
become the new side yard for the expanded structure. Since City Code does not allow structures
within the side yard,there would not be a conflict between the new construction and any reserved
easements.
The City Council needs to make a determination on General Plan consistency and to consider
whether to adopt a "Resolution of Intention" which would set a public hearing to consider the
matter of final abandonment. If passed, a final "Resolution of Abandonment" will be adopted and
recorded with the County Recorder.
The proposal to abandon the street right-of-way was reviewed by the City Planning Commission
on July 28, 1999. At that public hearing, the Planning Commission found the proposed
abandonment to be consistent with the City's General Plan, and recommended that the Council
adopt a Resolution of Intention and set a public hearing to consider the matter of final
abandonment. Planning Commission comments focused reserving an easement for emergency
creek access and maintenance of the stone drain. The attached draft resolution reflects
conditions of approval recommended by the Commission (also see attached 7-28-99 Planning
Commission minutes).
Evaluation
The California Streets and Highways Code requires the City to determine whether the abandonment
is consistent with the City's General Plan before taking final action on the abandonment. This
means that a determination needs to be made on whether the right-of-way will be needed for
present or future public purposes. In addition, continued access to any City or public utility
services and improvements needs to be properly preserved. The following issues were considered
at the Commission hearing in evaluating public need:
1. CreekAccess and Maintenance:
Land Use policy LU 6.4.4 states: "...Developments along creeks should include public access
across the development site to the creek and along the creek, provided that wildlife habitat,public
safety, and reasonable privacy and security.of the development can be maintained,consistent with
the Open Space Element." The Open Space Element sets forth goals, policies, objectives and
programs addressing the preservation,restoration and maintenance of creeks within the City of San
Luis Obispo. Outdoor Recreation policy 2 of the Open Space Element (Policy OS 12.2.3 in the
General Plan Digest) states: "Creekside trails should not be established in existing, substantially
developed residential areas of the City, where such trails could create compatibility conflict with
surrounding land uses."
6-7
Council Agenda Report
ABAN 108-99(1890-1900 San Luis Drive)
Page 3
The Planning Commission determined that the public way is not needed for creek access and
maintenance because there are other more suitable locations available'in the immediate area to
gain maintenance access to San Luis Creek. Andrews Street, approximately 500 feet to south,
terminates at the creek and connects to a pedestrian bridge. There is also an existing public way
approximately 500 feet to the north on San Luis Drive. In addition, the creek can be accessed
from California Boulevard and the northerly terminus of San Luis Drive. Attachment 3 shows
the locations of these facilities.
The Commission also found that improving and maintaining the public way would appear to be
in conflict with the City's policy to not develop creekside trails where they could create a
compatibility conflict with existing land uses. It should also be noted that the neighborhood has
expressed strong opposition to providing additional public access to the creek because they do
not feel that reasonable privacy and security can be maintained.
2. Public Utilities
Because the public way is occupied by an underground storm drain and several overhead public
utilities,the easement abandonment proposal was sent to the local utility companies for their review
and comment pursuant to the California Streets and Highway Code. Charter Communications
indicates that there are no conflicts with its existing easements and overhead facilities. Pacific Gas
and Electric(PG&E)is maintaining and operating electric distribution facilities in the affected area.
PG&E requests the reservation of an easement that grants it the right to access and maintain any
existing and future facilities (above and underground). The Gas Company has not responded.
However,it should be noted that local utility companies will have another opportunity to comment
on the abandonment that before the City Council takes final action.
The Planning Commission recommended a condition that the abandonment be subject to the
dedication of easements to affected local utility companies. This condition insures that the utility
companies retain their rights to repair and service their existing facilities. It should also be noted
that the abandoned right-of-way would become the new side yard for the expanded structure,with
no construction taking place there other than fencing that does not conflict with the access. Thus,
there would be no conflict between the new construction and the reserved easements.
3. Disposition ofAbandonedRight-of-Way
Fidelity National Title Company has prepared a preliminary title report verifying the applicants
ownership of the land underlying the portion of the easement proposed for abandonment. For
clarification,although the term"reverts" is typically used in statements regarding disposition of the
subject right-of-way. The fact is that"fee title" already prevails and the only change is elimination
or reducing the impacts on the property.
CONCURRENCES
The Public Works Department supports the proposed abandonment, and it recommends that the
entire right-of-way be reserved as an easement for these facilities.
6-8
Council Agenda Report
ABAN 108-99(1890-1900 San Luis Drive)
Page 4
FISCAL IMPACTS
None
ALTERNATIVES
The Council may find that the right-of-way is needed for present or future public purposes, and
decide not to adopt a Resolution of Intention to consider abandonment,without providing a public
hearing. The Council may also continue action on the Resolution of Intention, with specific
direction to staff and the affected property owners regarding additional information required.
ATTACHMENTS
Attachment 1 - Draft Resolution"A"- Resolution of Intention to Consider Abandonment
Attachment 2 - Vicinity Map
Attachment 3 - Map of Area proposed for Abandonment
Attachment 4 - Map of Existing Public Ways from San Luis Drive
Attachment 5 - Draft Minutes for Planning Commission meeting of July 28, 1999
JShoals/CC/ABAN 108-99(Goldschmidt)
6-9
A tachment 1
Resolution"A"
RESOLUTION NO. (1999 Series)
CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF
INTENTION TO ABANDON A PUBLIC RIGHT-OF-WAY (PUBLIC
WAY) BETWEEN 1890 AND 1900 SAN LUIS DRIVE (ABAN 108-99)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on July 28, 1999, for the purpose of making a General Plan determination and
formulating a recommendation to the City Council on a request to abandon a public way between
1890 and 1900 San Luis Drive; and
WHEREAS, the City Planning Commission found that the proposed right-of-way
abandonment was consistent with the City's General Plan, and recommended that the City
Council approve the abandonment, based on findings, and subject to conditions (Planning
Commission Resolution).
BE IT RESOLVED, by the City 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 a public right-of-way (public way) between 1890 and 1900 San Luis Drive as
shown on the map marked Exhibit "A", attached hereto and incorporated herein by reference,
pursuant to Section 8300 et.seq. of the State of California Streets and Highways Code, and that
the abandonment shall be based on the following findings, and subject to the following
conditions:
Findings:
1. The proposed right-of-way abandonment is consistent with the General Plan because the public
way is not needed for creek access and maintenance,access to City facilities and public utility
services will be preserved by reservation of proper easements,and other suitable access to the
creek is available for emergency maintenance purposes.
6-10
City Council Resolution No. (1999 Series)
Page 2
2. The proposed right-of-way abandonment is categorically exempt from environmental review
under Section 15301 of the California Environmental Quality Act.
Conditions:
1. If the Council determines that all or a portion of any "excess" right of way should be
abandoned, the entire right-of-way shall be reserved as an easement for a public storm drain
system, public utilities and emergency creek access for maintenance to the satisfaction of the
Public Works Director and the respective utility companies. Specific details will be
determined during the abandonment process, prior to adoption of a final abandonment
resolution.
2. No buildings or support structures will be allowed within the easement, other than paving,
fencing and landscaping. A gate(or gates) will be required to gain access to the creek and for
utility company access,to the satisfaction of the Public Works Director.
SECTION 2. Copies of the map showing the particulars of the proposed abandonment is
on file in the office of the City Clerk, at 990 Palm Street.
SECTION 3. Tuesday, September 21, 1999, at 7:00 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 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 right-of-way
abandonment, 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
abandonment in prominent locations near the portion of the street right-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.
6-11
City Council Resolution N._ (1999 Series)
Page 3
SECTION 6. The City Engineer shall notify utility companies affected by the proposed
abandonment 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 _ ._ , seconded by
and on the follomving roll call vote:.
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this 17'h day of August, 1999.
Mayor Allen Settle
ATTEST: _
City Clerk Lee Price
APPROVED-
City Attorney Jeffrey 6. Jorgensen
Attachment:
Exhibit"A"- Street right-of-way Abandonment Map
JShoals/MABAN 108-99R
6-12
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Attachment 5
DRAFT
SAN LUIS OBISPO
PLANNING COMMISSION
MEETING MINUTES
JULY 289 1999
CALL TO ORDERIPLEDGE OF ALLEGIANCE:
The San Luis Obispo Planning Commission was called to order at 7:05 p.m. on
Wednesday, July 28, 1999, in Council Chambers of City Hall, 990 Palm Street, San Luis
Obispo, California.
ROLL CALL:
Present: Commissioners Alice Loh, Charles Senn, Mary Whittlesey, David Jeffrey,
Stephen Peterson, and Chairman Paul Ready
Absent: Allan Cooper
Staff
Present: Development Review Manager Ron Whisenand, Recording Secretary
Leaha Magee, Associate Planners John Shoals and Peggy Mandeville,
Long-Range Planning Manager John Mandeville, and Assistant City
Attorney Gilbert Trujillo.
ACCEPTANCE OF THE AGENDA:
The agenda was accepted as presented.
ACCEPTANCE OF THE MINUTES:
The Minutes of June 23, 1999, were accepted as presented.
PUBLIC COMMENT ON NON-AGENDA ITEMS:
There were no comments made.
PUBLIC HEARINGS:
1. 1890 San Luis Drive, ABAN: Request to abandon an easement to San Luis Creek
next to 1890 San Luis Drive; R-1 zone; Eugene and Sheryl Goldschmidt, applicants.
Chairman Ready refrained from participation due to a potential conflict of interest.
Commissioner Jeffrey was designated as acting chairman.
6-17
Planner Shoals presented the staff report and recommended finding that the right-of-way
abandonment is consistent with the General Plan and forwarding a report to the City
Council recommending approval of the abandonment with findings and conditions.
Commissioner Loh asked if other accesses on northeast San Luis.Drive will be eventually
abandoned as well.
Planner Shoals stated that decision would have to be made by the owners. This evening's
application is applicant initiated.
Commissioner Loh asked if pubic access to the creek will go through Andrews St..
Planner Shoals believed that is correct.
Commissioner Peterson asked if in the future the right:of way/easement might be
necessary for maintenance/flood control purposes.
Planner Shoals stated Andrews St. allows access for maintenance.
Manager Whisenand noted the Public Works Department has reviewed this request and
determined-there are other more.suitable locations to access the creek.
Commissioner Loh asked if the creek is registered as blue line on the national map.
Manager Whisenand replied yes, it is shown on the USGS map as a blue linestream and
it is also identified on the city's creek map.
Commissioner Peterson asked if the expansion can be accomplished without the
abandonment ora variance.
Manager Whisenand.stated the expansion could be accomplished with an administrative
use permit and an.exception, although it may not be justified because of the lack of
unique circumstances on the property.
Commissioner Peterson asked if a.condition could.be included to guarantee the city
emergency access for maintenance.
Manager Whisenand reiterated that.Public Works feels.they have other suitable access
points, but due to Commission concerns, the easement reserved for utility purposes could
also include access for emergency purposes.
There were on further comments/questions and the public comment session was opened.
PUBLIC COMMENT:
I
6-18
Rob Strong, Strong Planning Services, stated this area has never functioned as a creek
access. Direct access to the creek is in conflict with the established residential uses. The
commercial side is the logical and has almost continuous public access potential. In
addition to Andrews Street, San Luis Drive provides access near the California Boulevard
intersection. The owners would not be opposed to an emergency access through the
existing gate along the side yard and the existence of storm drainage and utility easements
offers access potential with or without a specific emergency access provision included in
the conditions.
Commissioner Jeffrey asked if the applicants would be willing to pull the existing deck
back from extending to the creek.
Mr. Strong doesn't know the history of the deck,but believed it was preexisting to
adoption of the Creek Setback Ordinance.
Manager Whisenand stated proper findings would have to be related to the abandonment
for relocation of the deck. It might be difficult to find a nexus between an existing
encroaching deck and the abandonment.
Seeing no further speakers come forward, the public comment session was closed.
COMMISSION COMMENT:
Commissioner Loh expressed concern with Finding 1,page 4, saying that the public way
is"not"needed for creek access and maintenance.
Manager Whisenand suggested modifying the findings by including "and there are other
suitable locations available to access the creek."
Commissioner Peterson moved to recommend to the City Council approval of the
abandonment based on the findings and conditions presented in the staff report with a
modification to the end of Finding 1 to include, "and there are other more suitable
locations to access the creek."and a modification to Condition 1 to reflect "...for a public
storm drain system, for public utilities, and for emergency creek access for
maintenance..." The motion was seconded by Commissioner Loh.
AYES: Commissioners Peterson, Loh, Whittlesey, Senn, and Acting
Chairman Jeffrey
NOES: None
REFRAIN: Chairman Ready
The motion carried 5-0-1. Chairman Ready refrained from participation due to a
potential conflict of interest and Commissioner Cooper was absent.
2. 791 Orcutt Rhad, R 62-99: Reque to amend the GS ping o property to
eliminate the previously approved in ster list of allowed and conditional a lowed
6-19
RESOLUTION NO. 8954 (1999 Series)
CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF INTENTION TO
ABANDON A PUBLIC RIGHT-OF-WAY (PUBLIC WAY) BETWEEN 1890 AND 1900
SAN LUIS DRIVE (ABAN 108-99)
WHEREAS,the City of San Luis Obispo Planning Commission conducted a regular
public hearing on July 28, 1999, for the purpose of making a General Plan determination and
formulating a recommendation to the City Council on a request to abandon a public way between
1890 and 1900 San Luis Drive; and
WHEREAS, the City Planning Commission found that the proposed right-of-way
abandonment was consistent with the City's General Plan, and recommended that the City
Council approve the abandonment,based on findings, and subject to conditions (Planning
Commission Resolution).
BE IT RESOLVED,by the City 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 a public right-of-way(public way)between 1890 and 1900 San Luis Drive as
shown on the map marked Exhibit"A", attached hereto and incorporated herein by reference,
pursuant to Section 8300 et.seq. of the State of California Streets and Highways Code, and that
the abandonment shall be based on the following findings, and subject to the following
conditions:
Findings:
1. The proposed right-0f--way abandonment is consistent with the General Plan because the public
way is not needed for creek access and maintenance, access to City facilities and public utility
services will be preserved by reservation of proper easements,and other suitable access to the
creek is available for emergency maintenance purposes.
2. The proposed right-of-way abandonment is categorically exempt from environmental review
under Section 15301 of the California Environmental Quality Act.
Conditions:
1. If the Council determines that all or a portion of any"excess"right of way should be
abandoned,the entire right-of-way shall be reserved as an easement for a public stone drain
system,public utilities and emergency creek access for maintenance to the satisfaction of the
Public Works Director and the respective utility companies. Specific details will be
determined during the abandonment process, prior to adoption of a final abandonment
resolution.
2. No buildings or support structures will be allowed within the easement, other than paving,
fencing and landscaping. A gate(or gates) will be required to gain access to the creek and for
utility company access, to the satisfaction of the Public Works Director.
Ir 895�t
City Council Resolution No. 8954(1999 Series)
Page 2
SECTION 2. Copies of the map showing the particulars of the proposed abandonment is
on file in the office of the City Clerk, at 990 Palm Street.
SECTION 3. Tuesday, September 21, 1999, at 7:00 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 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 right-of-way
abandonment, 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
abandonment in prominent locations near the portion of the street right-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.
SECTION 6. The City Engineer shall notify utility companies affected by the proposed
abandonment 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 Romero, seconded by Council Member Marx, and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor
Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 17'day of August, 1999.
Mayor Allen Settle
ATT
City Clerk Lee Price
APPROVED:
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ATTACHMENT 4
RESOLUTION NO. (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING THE
ABANDONMENT OF A 10 FT. WIDE PUBLIC WAY AT 1890 AND 1900 SAN LUIS
DRIVE
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 September 21, 1999,
continued to October 5, 1999, and pursuant to Section 8300 et. seq. of the California Streets and
Highways Code, this Council finds and determines that the 10 ft.-wide public way, as described
and shown on the map marked "Exhibit A,"attached hereto and incorporated herein, is necessary
for present or future public access purposes.
SECTION 2. This Council hereby denies the application for abandonment of said right-
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 , 1999.
MAYOR Allen K. Settle
ATTEST:
CITY CLERK Lee Price
APPROVED AS TO FORM:
CITY ATTORNEY effrey G. Jorgensen
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