HomeMy WebLinkAbout01/18/2000, 3 - ABANDONMENT OF A PORTION OF THE SOUTHERLY CORNER OF NIPOMO ST. AND DANA ST. RIGHT OF WAY.iJ
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CITY OF SAN LUIS OBISPO
FROM: Michael D. McCluskey, Director of Public Worgyovl---�
Prepared By: Jerry Kenny, Supervising Civil Engineer
SUBJECT: Abandonment of a portion of the southerly comer of Nipomo St.
and Dana St. right of way.
CAO RECOMMENDATION
Adopt a resolution to abandon a portion of Nipomo St. and Dana St. rights of way,
subject to dedication of necessary right of way for the proposed sidewalk realignment, as
recommended.
DISCUSSION
Background
The Council adopted a "Resolution of Intention" [Resolution No. 8989 (1999 Series)] on
December 7, 1999 setting the time and place for this hearing to consider the abandonment of a
portion of the southerly comer of Nipomo St. and Dana St. public right of way (RJW), as shown
and described on the attached final abandonment resolution exhibit. The December 7`s Council
Agenda Report included the Planning Commission's recommendation for approval, subject to the
typical general statement regarding reservation of any necessary easements for private and public
utilities, sewer, water and drainage facilities. However, staff has determined that there are no
public facilities within the abandonment area, except as noted below.
As described in the December 7t' Agenda Report, no record of actual "dedication" of the right of
way within the subject property was found, where curb, gutter, sidewalk and pavement exist.
The fact that the improvements existed for so many years effectively resulted in an apparent
"prescriptive right", which is the reason for this abandonment action. However, to eliminate any
confusion in the future, a small portion of this parcel must be formally "dedicated" as public right
of way to accommodate a portion of the proposed, realigned curb, gutter and sidewalk approved
for the "Soda Works" project, currently under construction. This must be done prior to recording
this abandonment and is therefore incorporated as a condition in the resolution.
As stated in the referenced December 7`s Council Agenda Report, fee title is actually owned by
the adjacent property owner. This will effectively remove any cloud on the title, since a new
building is currently under construction within this abandonment area.
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.
3 -1
Council Agenda Report — Nipomo St. & Dana St. Abandonment
Page 2
This abandonment is categorically exempt from environmental review per City Environmental
Guidelines and the California Environmental Quality Act (CEQA), Section 15301.
CONCURRENCES
The City Attomey and Community Development Director concur with the recommended action.
FISCAL IMPACT
None
ALTERNATIVES
The Council may determine that this R/W is necessary for public purposes and deny the
abandonment, although this does not appear to be justified.
Attachments
1 - Final abandonment resolution
2. Vicinity map
3 - Council staff report dated December 7, 1999
4 - Resolution No. 8989 (1999 Series)
UCouncil Agenda ReporUv ipomo St & Dana St. - Final Abandonment
3 -2
Recording requested by
and when recorded mail to:
City Clerk
990 Palm Street
San Luis Obispo, CA 93401
RESOLUTION NO. (2000 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND
DETERMINING THAT A PORTION OF THE PUBLIC STREET RIGHT OF WAY AT THE
SOUTHERLY CORNER OF NIPOMO STREET AND DANA STREET IS UNNECESSARY
FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS
ABANDONMENT, SUBJECT TO DEDICATION OF NECESSARY RIGHT OF WAY FOR
PROPOSED REALIGNED SIDEWALK.
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 18, 2000, pursuant
to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and
determines that the portion of 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 street
purposes.
SECTION 2. This Council hereby orders the abandonment of said right -of -way, subject to:
A. Submittal of a right of way deed for a portion of the abandoned right of way that is
necessary to maintain a 10 ft. wide sidewalk at the corner, as shown on said "Exhibit A ".
B. Reconstruction of the curb, gutter and sidewalk and pavement in the new alignment
approved by the by the Public Works Director.
SECTION 3. This resolution shall expire and shall be considered null and void, unless the
above Conditions 2A and 2B are met within one (1) year from this date.
3 -3
Resolution No. (2000 Series)
Page Two
SECTION 4. The City Clerk shall cause a certified copy of this Resolution of Abandonment,
duly attested under the seal of the 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 passed and adopted this _ day of 2000.
MAYOR Allen K. Settle
ATTEST:
CITY CLERK Lee Price
APPROVED AS TO FORM:
I: /Council Agenda Reports/Nipomo & Dana St: Final Abandonment resolution
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EXHIBIT A
Legal Description
A portion of Block 61 in the City of San Luis Obispo, County of San Luis Obispo,
State of Califomia, according to the Harris and Ward's map of said City, on file
in the office of the County Recorder of San Luis Obispo, State of Califomia
particularly described as follows:
Beginning at a point of the Southerly line of Dana Street, in said City, distant
South 531 07' West 100.00 feet from the intersection of the Southeasterly line of
Dana Street and the Southwesterly line of Nipomo Street, said point being the
Westerly comer of land described in deed recorded December 24, 1877 in Book
J of Deeds at page 384 hereinafter called °deed parcel "); thence
1) South 360 53' East along the southwest line of said land 1.15 feet to the
beginning of a non - tangent curve concave southerly having a radius of
175.00 feet and northerly line of said deed parcel, a radial to said curve
bears North 300 19' 15° West; thence
2) Easterly along the arc of said curve and said northerly line of deed parcel
through a central angle of 361143' 46° and arc distance of 112.18 feet to
the Southwesterly line of Nipomo Street, a non - tangent line; thence
3) North 3610 53' West 47.62 feet to intersection of the Southeasterly line of
Dana Street and the Southwesterly line of Nipomo Street; thence
4) South 530 07' West 100.00 feet to the point of beginning.
The above described parcel is graphically shown on Exhibit "B° attached hereto
and made a part hereof.
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1015 Ninr%mo
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ABM 14.7 -99
3 -7
council
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C I T Y OF S A N L U I S O B I S P O
FROM: Arnold Jonas, Community Develo Director ( o
Prepared By: John Shoals, Associate Planneq�� ' J
Ibm Nmly
SUBJECT: CONSIDERATION OF A REQUEST TO ABANDON A PORTION OF THE
PUBLIC RIGHT -OF -WAY AT THE SOUTHWEST CORNER OF NIPOMO
AND DANA STREETS, ABAN 147 -99.
CAO RECOMMENDATION:
Pass a Resolution of Intention to consider abandonment, and set a public hearing for January 18,
2000.
DISCUSSION:
The City has received a request to abandon a portion of the public right -of -way (R/W) at the
southwest comer of Nipomo and Dana Streets (see Attachment 2). The subject R/W is the comer
adjacent to the property currently being developed with the Soda Water Works project that was
approved by a past City Council and Architectural Review Commission in 1993. Believed to have
been established in the 1890s, the existing R/W has a larger than normal curve radius (a 175 -foot
radius, where a 30 -foot radius is the standard). This unusually large curve radius has created a
situation where the existing R/W encroaches onto the adjoining property finther than necessary
resulting in a portion of this property lying with the existing streets (see Attachment 3). The
existing situation was identified and discussed by a past City Council, which directed the Public
Works Department to look into revising this curve radius to conform to current City standards, and
required the dedication of a portion of the applicant's property for public improvements in this area
This abandonment request is in keeping with the past Council's direction to bring the existing
substandard street comer into compliance with current City standards.
The proposed R/W abandonment will benefit both the applicant and general public. Abandoning
the excess R/W will allow the applicant's project (including street frontage improvements) to be
built consistent with the approved building plans. The R/W abandonment will benefit the public by
allowing this substandard street corner to be updated, and by reducing the public maintenance costs
because there will less street pavement to maintain.
The California Streets and Highways Code (State Law) requires that any proposed street vacation
or abandonment be reviewed for General Plan conformity prior to final action by the legislative
body. On November 3, 1999, the City Planning Commission found the proposed abandonment to
be consistent with the General Plan. State law also states that if the legislative body finds, from all
the evidence submitted, that the subject R/W is not necessary for present and future public use, it
may adopt a resolution vacating the R/W. 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.
3 -S
�e�3
Council Agenda Report
ABAN 147 -99 (1015 Nipomo)
Page 2
Planning Commission Action
The abandonment request was reviewed by the City Planning Commission on November 3,
1999. Pursuant to State law, the Planning Commission reviewed the project to determine if the
R/W proposed for abandonment is needed for present and future public needs such as circulation
and public utilities. These public use issues are discussed in the attached Planning Commission
staff report (Attachment 4). On a 6 -0 vote (Commissioner Whittlesey was absent), the Planning
Commission found the proposed abandonment to be consistent with the City's General Plan, and
decided to recommend that the Council adopt a Resolution of Intention and set a public hearing
to consider the matter of final abandonment. The attached draft resolution reflects conditions of
approval recommended by the Commission. Attachment 5 is a copy of the minutes from the
Planning Commission hearing.
CONCURRENCES
The Public Works Department supports the proposed abandonment, subject to the following: the
reservation of any necessary public utility easements; and the reservation or dedication of a small
portion of the applicant's property to allow for the completion of all public improvements, as
required by the City Council in 1993.
FISCAL IMPACTS
The applicant is responsible for installing the street frontage improvements in the new R/W
alignment. The City will be responsible for maintenance of those improvements consistent with
other public sidewalks and streets. A specific dollar amount has not been determined at this
time.
ALTERNATIVES
1. 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 a public
hearing.
2. 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.
ATTACIIMENTS
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 - Planning Commission Staff Report of November 3, 1999
Attachment 5 - Draft Minutes for Planning Commission meeting of November 3, 1999
JShoaWCGABAN 147- 99(Mitchell- Leitcher)
3 -9
Attachment 1
Resolution "A"
RESOLUTION NO. (1999 Series)
CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF
INTENTION TO ABANDON A PORTION OF THE PUBLIC RIGHT -OF-
WAY AT THE SOUTHWEST CORNER OF DANA AND NIPOMO
STREETS, ADJACENT TO 1015 NIPOMO STREET (ABAN 147 -99)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on November 3, 1999, for the purpose of making a General Plan determination
and formulating a recommendation to the City Council on a request to abandon a portion of the
public right -of -way at the southwest comer of Dana and Nipomo Streets, adjacent to 1015
Nipomo Street; 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 as indicated in
Planning Commission Resolution 5275 -99, incorporated herein by reference.
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 portion of the public right -of -way at the southwest comer of Dana and
Nipomo Streets 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 right -
of -way is excess land area that is not needed for present and future public circulation purposes
and public utility services will be preserved by reservation of proper easements.
3 -10
City Council Resolution No. (1999 Series)
Page 2
2. The partial R/W abandonment is a public benefit because it allows for an existing substandard
street curve radius to be brought into conformance with current City standards, and it lessen
public maintenance costs by reducing the amount of street paving to be maintained.
3. 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, easements must be reserved for public water, sewer and storm drain systems and
reservation of easements for public and private utilities to the satisfaction of the City and the
respective utility companies. Specific details will be determined during the abandonment
process, prior to the adoption of a final abandonment resolution.
2. A portion of the adjoining property shall be reserved or dedicated to allow for the completion
public improvements along the frontage of said property. Specific details will be determined
during the abandonment process, prior to the adoption of a final abandonment resolution.
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, January 18, 2000, 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.
3 -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
AYES:
NOES:
ABSENT:
seconded by
and on the following roll call vote:
the foregoing resolution was passed and adopted this 7' day of November, 1999.
ATTEST:
City Clerk Lee Price
APPROVED:
City Attorney Jeffrey G. Jorgensen
Attachment:
Exhibit "A" - Street right -of -way Abandonment Map
JShoals/CC /ABAN 147 -99R
Mayor Allen Settle
3 -12
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Attachment 5
Draft
SAN LUIS OBISPO
PLANNING COMMISSION MINUTES
NOVEMBER 3, 1999
2. 1015 Nipomo Street ABAN 147 -99: Request to abandon excess portions
of the Dana and Nipomo Street right of way at the street intersection; C -C -H-
PD zone; Mary Mitchell - Leitcher, applicant.
Commissioner Senn arrived at 8:30 and participated in hearing this item.
Associate Planner John Shoals presented the staff report and recommended
that the Planning Commission (1) find that the right -of -way abandonment is
consistent with the General Plan and (2) forward a report to the City Council
recommending approval of the abandonment with findings and conditions.
There were no comments or questions and the public comment session was
opened.
PUBLIC COMMENT:
There were no public comments made.
COMMISSION COMMENT:
Commissioner Peterson moved to find that the right -of -way abandonment is
consistent with the General Plan and to forward a report to the City Council
recommending approval o f the abandonment with the included findings and
conditions. Commissioner Jeffrey seconded the motion.
AYES: Commrs. Peterson, Jeffrey, Senn, Cooper, and Chairman Ready
NOES: Commr. Loh
REFRAIN: None
The motion carried 5 -1 -0. Commissioner Whittlesey was absent.
3 -16
Jok f 5. /F:
RESOLUTION NO. 8989 (1999 Series)
A RESOLUTION OF THE COUNCIL OF CITY OF SAN LUIS OBISPO
OF INTENTION TO ABANDON A PORTION OF THE PUBLIC RIGHT -
OF -WAY AT THE SOUTHWEST CORNER OF DANA AND NIPOMO
STREETS, ADJACENT TO 1015 NIPOMO STREET (ABAN 147 -99)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on November 3, 1999, for the purpose of making a General Plan determination
and formulating a recommendation to the City Council on a request to abandon a portion of the
public right -of -way at the southwest comer of Dana and Nipomo Streets, adjacent to 1015
Nipomo Street; 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 as indicated in
Planning Commission Resolution 5275 -99, incorporated herein by reference.
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 portion of the public right -of -way at the southwest comer of Dana and
Nipomo Streets 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 right -
of -way is excess land area that is not needed for present and future public circulation purposes
and public utility services will be preserved by reservation of proper easements.
2. The partial R/W abandonment is a public benefit because it allows for an existing substandard
street curve radius to be brought into conformance with current City standards, and will lessen
public maintenance costs by reducing the amount of street paving to be maintained.
3. The proposed right -of -way abandonment is categorically exempt from environmental review
under Section 15301 of the California Environmental Quality Act.
Allxd e,f� T 7 R 8989
City Council Resolution No. 8989 (1999 Series)
Page 2
Conditions:
1. If the Council determines that all or a portion of any "excess" right of way should be
abandoned, easements must be reserved for public water, sewer and storm drain systems and
reservation of easements for public and private utilities to the satisfaction of the City and the
respective utility companies. Specific details will be determined during the abandonment
process, prior to the adoption of a final abandonment resolution.
2. A portion of the adjoining property shall be reserved or dedicated to allow for the completion
public improvements along the frontage of said property. Specific details will be determined
during the abandonment process, prior to the adoption of a final abandonment resolution.
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, January 18, 2000, 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 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.
On motion of Vice Mayor Romero, seconded by Council Member Schwartz, and on the
following roll call vote:
AYES: Council Member Ewan, Marx, Schwartz, Vice Mayor Romero, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 7`h day of November, 1999.
3 -18
City Council Resolution No. 8989 (1999 Series)
Page 3
Lee Price, City Clerk
APPROVED AS TO FORM:
*eyG. r en, ity Attorney
Attachment:
Exhibit "A" - Street right -of -way Abandonment Map
3 -19
EXHIBIT "A"
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