HomeMy WebLinkAbout09/03/2002, PH 4A - ABANDONMENT OF COURT STREET, BETWEEN MONTEREY & HIGUERA STREETS Dw
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CITY O F SAN LU IS OB IS PO
FROM: Michael.D. McCluskey, Director of Public Works
Prepared by: Jerry Kenny, Supervising Civil Engineer 9X_
SUBJECT: ABANDONMENT OF COURT STREET,BETW EN MONTEREY &
HIGUERA STREETS
CAO RECOMMENDATION:
As recommended by the Planning Commission, adopt a resolution to abandon Court
Street, subject to the recommended conditions.
DISCUSSION
The Council adopted Resolution No. 9348 (2002 Series) on July 16, 2002 [Attachment 4], which
is a resolution of intention to abandon Court Street, between Monterey and Higuera Streets. The
resolution set the time and place of this public hearing (September 3, 2002) to receive any
testimony and to consider finalizing the subject abandonment.
The July 16th agenda report included discussion of the various issues and requirements regarding
abandonment and the Planning Commission's recommendation to the Council for conditional
approval, per Planning Commission Resolution No.5341-02. [See complete agenda report in the
Council reading file, including the Planning Commission minutes] The final abandonment
resolution incorporates all of the prescribed conditions, including the fact that it is not effective
for recordation until all of the conditions have been satisfactorily met, as determined by the
Public Works Director, including certification of the EIR and resolution of the Administrative
Use Permit issue regarding the Palm-Morro building, both set for Council consideration on
September 17, 2002 .
Existing utilities must be relocated and/or abandoned to accommodate the existing and proposed
buildings to be within the 25 ft. wide "common area". This work will be incorporated into the
proposed Copeland building and site improvement plan's. The final abandonment resolution
provides for reservation of necessary easements and/or relocation provisions, to the satisfaction
of the respective utility companies, the Building Official and the Public Works Director. This
must be satisfied prior to the effectiveness and recordation of the final abandonment resolution.
Depending on timing of utility relocation work, a temporary easement may be necessary (or
another method that would be acceptable to the respective utility and Public Works Director) to
accommodate existing infrastructure in its present location, pending relocation of the facilities.
This may include relocated water services for the Court St.businesses and abandonment of a City
water main. The new proposed building footprint will definitely require relocation of PG&E
facilities that lie outside the ultimate utility easement. Temporary easements would allow for the
abandonment and sale of the City-owned property to occur and necessary relocation work to be
postponed until issuance of a building permit. Upon completion, those "temporary easements"
would be "quit-claimed" by the City.
4A - 1
COUNCIL AGENDA Ri�.ORT—Court Street - Final Abando nt
Page 2
A development (building permit) condition of the proposed Copeland project requires an
agreement to be executed between the respective adjacent property owners regarding rights and
common use of the abandoned right of way.
Existing City regulations [per Resolution No. 5478 (1984 Series)] require that all abandonment
conditions be met within one (1) year of adoption of the Resolution to Abandon. The final
abandonment resolution contains wording to this effect.
This abandonment is categorically exempt from environmental review per City Environmental
Guidelines and the California Environmental Quality Act(CEQA), Section 15301.
The required public notices have been completed, as prescribed in the referenced Resolution of
Intention. The City Council must now receive any public testimony and then decide whether to
approve, modify or deny the abandonment.
CONCURRENCES
The Planning Commission recommends this action. The Community Development Director,
Utilities Director and City Attorney concur with the recommendation.
FISCAL IMPACT
The City will no longer be responsible for maintaining the sidewalk, paving, parking meters and
public water main. (estimated budget savings of an average of$5,000 to$10,000 per year)
ALTERNATIVES
Option 1: Conduct the public hearing and continue final action on abandonment until any
issues or other conditions deemed necessary by the City Council are completed
or otherwise resolved.
Option 2 Adopt a resolution to deny abandonment, if the Council finds that the right of
Way is necessary for existing or future public street purposes. (Attachment 3)
Attachments:
1 -Vicinity Map
2 -Draft final resolution of abandonment
3 -Draft resolution to deny abandonment
4 -Resolution No. 9348 (2002 Series)
Note: The July 16, 2002 agenda report is in the City Council reading file.
I:/Council Agenda reports/CC Report—Court St.Final Abandonment
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VICINITY MAP ARAN 19201
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A999 MONTEREY .
Recording requested by
and when recorded mail to:
City Clerk
990 Palm Street
San Luis Obispo, CA 93401
RESOLUTION NO. (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT COURT STREET,BETWEEN MONTEREY
AND HIGUERA STREETS,IS UNNECESSARY FOR PRESENT OR PROSPECTIVE
PUBLIC STREET PURPOSES AND ORDERING ITS ABANDONMENT,SUBJECT TO
RESERVATION OF SPECIFIC EASEMENTS.
BE IT RESOLVED by the.Council of the City of San Luis Obispo as follows:
SECTION 1. In accordance with a public hearing duly held on September 3, 2002,pursuant
to Section 8300 et seq. of the California Streets and Highways Code and a finding of General
Plan consistency,that this Council finds and determines that Court Street;between Monterey and
Higuera Streets, 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 the
following:
1. Reservation of an easement over the southwesterly twenty-five (25) feet of the abandoned
right of way for public pedestrian access, public and private utilities, emergency access, ingress
and egress to buildings on the adjacent properties and private drainage purposes, and a"public"
drainage easement is reserved for that portion of the under-city culvert/bridge (San Luis Obispo
Creek) that lies within the abandonment area, as shown on said"Exhibit A". The northerly line
of this easement is five (5) feet northerly of the existing outside wall of the culvert, and
"Reserving to Pacific Gas and Electric Company, the right from time to time to install, maintain,
repair, operate, replace, remove and renew underground wires and other structures,equipment.
and fixtures for the operation,of said facilities within said easement"
2. All utility relocations, conversion of utilities from public to private, and meter relocations
shall be completed prior to recordation of abandonment, unless an agreement to construct the
necessary revisions and acceptable surety has been posted, to the satisfaction of the Public Works
Director, Utilities Director, Chief Building Official and affected utility companies.
l R�
Resolution No. (2002 Series)
Page Two
3. Any building code upgrades required for the proposed abandonment and adjusted property
lines shall be reviewed, approved, permitted, and receive final inspection approvals, to the
satisfaction of the City prior to recordation.
4. The abandonment shall not be effective until the City has sold the adjacent northeasterly
property to the applicant.
5. Items 1 through 4 must be met within one (1) year of this date. Otherwise, this resolution will
expire and be null and void.
SECTION 3. Upon notification from the Director of Public Works to the City Clerk that the
conditions prescribed in SECTION 2 have been met, 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 3rd day of September; 2002.
MAYOR Allen K. Settle
ATTEST:
CITY CLERK Lee Price
APPROVED AS TO ORM:
?fY/A*rO#Ef Jef y G. Jorgensen
I:/CounciLAgenda Reports/CC report—Court Street Abandonment
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OSOS STREET SHEET I OF 2
OFFER OF OFDIGTION —FOR PUBUC ROAD
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MORRO STREET
25' ACCRUES TO THE ADJACENT
PROPERTY TO THE EAST OF THE R/W
15' ACCRUES TO THE ADJACENT
PROPERTIES TO THE WEST OF THE 50
R/W
EPA! CI'(y O{' EXHIBIT A
"y�� i Ott'' t COURT STREET ABANDONMENT
Sal ! tuiS OBISp BETWEEN MONTEREY & HIGUERA STREETS
41A -k
Sheet 2 of 2
EXHIBIT A
COURT STREET ABANDONMENT
BETWEEN MONTEREY & HIGUERA STREETS
LEGAL DESCRIPTION
Parcel 1: Court Street,as set forth and delineated on the Map of the City of San Luis Obispo,County of
San Luis Obispo,State of California,according to map filed for record May 1, 1878 in Book A,Page 168
of Maps in the of the County Recorder of said County,lying between the southerly line of Monterey Street
and the northerly line of Higuera Street,as said Higuera Street was conveyed to the City of San Luis
Obispo by deed recorded January 11, 1890 in Book 7,page 5 of deeds.
Parcel 2: That portion of Block 17 in the City of San Luis Obispo,County of San Luis Obispo,State of
California,according to the map thereof,recorded May 1, 1878 in Book A,at page 168 of Maps in the
Office of the County Recorder of said County,described as follows:
Beginning at the northeast corner of Court and Monterey Streets,as laid down on said map of San Luis
Obispo;thence,in a northerly direction along Monterey St. 10 feet;thence,in an easterly direction to the
Arroyo de San Luis Obispo;thence,down the said Arroyo to the southerly line of Court Street;thence
along Court Street,to the point of beginning. EXCEPTING THEREFROM,that portion lying southerly of
the northerly line of Higuera Street
RESERVING THEREFROM,easements as shown and described in the body of the resolution.
RESOLUTION NO. (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT THE COURT STREET RIGHT OF WAY,
BETWEEN MONTEREY AND HIGUERA STREETS,IS NECESSARY FOR PRESENT
OR PROSPECTIVE PUBLIC STREET PURPOSES AND DENYING ITS
ABANDONMENT.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. In accordance with a public hearing duly held on September 3, 2002, pursuant
to Section 8300 et seq. of the California Streets and Highways Code and a finding of General
Plan consistency, that this Council finds and determines that Court Street,between Monterey and
Higuera Streets, as described and shown on the map marked "Exhibit A", attached hereto and
incorporated herein, is necessary for present or future public street purposes.
SECTION 2. This Council, therefore, hereby denies the abandonment of the aforesaid Court
Street 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 3rd day of September, 2002.
MAYOR Allen K. Settle
ATTEST:
CITY CLERK Lee Price
APPROVED AS TOORM:
C*Y AWCJNEY
Jeffa G. Jorgensen
I:/Council Agenda Reports/Court Street Abandonment—Denial Resolution
� -8
�f mew 4
RESOLUTION.NO. 9348-(2002 Series)
CITY OF SAN LUIS OBISPO CITY COUNCIL.RESOLUTION OF
INTENTION TO ABANDON THE COURT STREET RIGHT-OF-WAY,
BETWEEN MONTEREY AND HIGUERA STREETS
(ABAN 192-01)
WHEREAS,the City of San Luis Obispo Planning Commission conducted a regular
public hearing on June 26,2002,for the purpose of making a General Plan determination and
formulating a recommendation to the City Council on a request for abandonment of the Court
Street right-of-way between Monterey and Higuera Streets;
WEWRF.AS,title reports show that the City of San Luis Obispo has fee ownership of the
easterly 25 feet of the Court Street right-of-way, and the three adjacent property owners to the
west have fee ownership to the westerly 15 feet of the Court Street right-of-way,and the City has
received a request to quitclaim its rights to said property;and
WHEREAS,the disposition of.City-owned property must be done in accordance with the
City Charter(Section 906),the California Government Code(Sections 54222 and 65402)and the
procedures of the city's Property Management Manual; and
WHEREAS,the City Planning Commission found that the proposed right-0f-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,incorporated herein by reference;
WHEREAS,the City Planning Commission found the land underlying the right-of-way
to be surplus City property and the disposal of said property to be consistent with the General
Plan and the City's Property Management Manual.
NOW,THEREFORE+BE IT RESOLVED,by the City Council of the City of San Luis
Obispo as follows:
SECTION L ;^ti^^ Intentionto Abandon. It is the intention of the City of San Luis
Obispo to abandon the above-referenced public right-0f-waYas shown on the map marked- --
E300
xhibit"1",attached hereto and incorporated herein by referec►ce,purthea ba Section t shall
et seq.of the State of Califomia Streets and Highways Code,and Owl
the abandonment shall be
based on the following findings,and subject t6 the following conditions:
1. The proposed right-of--waY abandonment,with the reservation of appropriate emergency
and pedestrian access easements,and the related sale or exchange of the underlying land,,is
consistent with the General Plan because it is no longer needed for present or future public
street purposes.
R 9348
ZIA --(
City CouncilResolutii o. 9348 (2002 Series) ATTACHMENT
Page 2 -
2. neright-of-way abandonment will benefit the general public by eliminating the City's
costs for maintaining pavement and infrastructure within the right-of-way.and it will
facilitate the construction of the Court Street Mixed-Use Project, an infill development in
the downtown core.
3. This City-owned property is not suitable for development of public facilities or affordable
housing given its relative small size and shape..
4. The proposed right-of-way abandonment and disposition of the surplus property is exempt
under Section 15301 of the California Environmental Quality Act.
Conditions:
1. The abandonment shall include the reservation of necessary easements for public
pedestrian access,public and private utilities,emergency access,ingress and egress to
buildings on the adjacent properties,private and public drainage,to the satisfaction of the
Public Warks Director and the various utility companies. The"public" drainage
easement shall be reserved only for that portion of the newly constructed Higuera Street
'tinder-city culvert"that lies within the abandonment area_Specific details will be
determined during the abandonment process,prior to adoption of a final abandonment
resolution by the City Council.
2. All utility relocations,conversion of utilities from public to private,and meter relocations
shall be completed prior to recordation of abandonment unless an agreement tb construct
the nevess gy revisions and adequate sureties have been posted,to the satisfaction of the
Public Works Director,Utilities Director,Chief Building Official and affected utility
companies.
3 Any building code upgrades required for the proposed abandotmnent and adjusted property
lines shall be reviewed,approved,permitted,and receive final inspection approvals to the
satisfaction of the city prior to recordation.
4. The final abandorunent shall not become effective until the City Council has certified the
Final ER for the Copelands Project,and all required Plamuing entitlements for the project
have been secured
5. The final abandonment shall not become effective tmt"the City has:sold the adjacent
property to the east of the atiandpned riglit-0f-way to the applicant
SECPION.2. Copies of the map showingthe particulars of the proposed abandonment
are on file in the office of the City Clea ks at 990 P21M Street_
/�- 10
F City Council Resoly No. 9348 (2002 Series) ! ATTACHMENT
Page 3 —
SECTION 3. Tuesday,September 3,2002,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 proposedabandonment, 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 S. The City Engineer shall post at least three(3)notices of the proposed
abandonment in prominent locations near the portion of the sttt:et 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 Council Member Schwartz,seconded by Council Member Ewan,and on
the following roll call vote:
AYES: Council Members Ewan,Schwartz,Vice Mayor Marx,and Mayor Settle
NOES: Council Member Mulholland
A13SIM: None
The foregoing resolution was passed and adopted this 16th day of July 2002.
Mayor AIlen tettle
':Sty Cie*IA-8 Pribe
APP�AS TO FORM:.
y J _ Jorgensen
councl. v "Sept. 3,2002
j acEnaa Repoin "".
CITY OF SAN L.0 I S OBISPO
FROM: Michael D. McCluskey, Director of Public Works
Prepared by: Jerry Kenny, Supervising Civil Engineer
SUBJECT: ABANDONMENT OF A PORTION OF MORRO TREET, BETWEEN
PALM AND MONTEREY STREETS
CAO RECOMMENDATION
As recommended by the Planning Commission, adopt a resolution to abandon a portion of Morro
Street,between Palm and Monterey Streets, subject to the recommended conditions.
DISCUSSION
The Council adopted Resolution No. 9349 (2002 Series) on July 16;2002 [Attachment 4], which
is a resolution of intention to abandon a portion of Morro Street (5 ft. wide, adjacent to the
proposed parking and office structure of the Copeland project), between Palm and Monterey
Streets. The resolution set the time and place of this public hearing (September 3, 2002) to
receive any testimony and to consider finalizing the subject abandonment.
The July 16th agenda report-included discussion of the various issues and requirements regarding
abandonment and the Planning Commission's recommendation to the Council for conditional
approval, per Planning Commission Resolution No.5341-02. [See complete agenda report in the
Council reading file, which included the Planning Commission minutes]
The abandonment is subject to satisfaction of all entitlement conditions, including, but not
limited to, recordation of a parcel map to create one parcel to accommodate the proposed
structure and adjustment of adjacent parcels (including a portion of the City and County-owned
library property), utility relocations, easement reservations, conveyance of the "parking and
office structure" property to the City, etc. The final abandonment resolution incorporates the
relevant conditions, including the fact that it is not effective for recordation until all of the
conditions have been satisfactorily met, as determined by the Public Works Director. This, of
course, would include resolution of the Administrative Use Permit issue, set for consideration on
September 17, 2002.
The final abandonment resolution provides for reservation of a 3.5 ft.-wide easement to
accommodate the proposed realigned and wider sidewalk (10 ft.-wide; outside of the proposed
building wall) The same width public utility easement (PUE) is also being reserved to
accommodate existing and/or proposed Pacific Bell, AT&T and PG&E underground facilities
that will be, at least temporarily, impacted by construction of the new building, since the
foundation will extend beneath the utilities, within the 5 ft. abandonment area. [Attachment 51
Existing City regulations [per Resolution No. 5478 (1984 Series)] require that all abandonment
conditions be met within one (1) year of adoption of the Resolution of Abandonment. The final
abandonment resolution contains wording to this effect.
COUNCIL AGENDA RL_ORT–Morro Street Final Abandt.—hent
Page 2
This abandonment is categorically exempt from environmental review per City Environmental
Guidelines and the California Environmental Quality Act (CEQA), Section 15301.
The required public notices have been completed, as prescribed in the referenced Resolution of
Intention. The City Council must now receive any public testimony and then decide whether to
approve, modify or deny the abandonment.
CONCURRENCES
The Planning Commission recommends this action. The Community Development Director and
City Attorney concur with the recommendation.
FISCAL IMPACT None
ALTERNATIVES
Option 1: Conduct the public hearing and continue final action on abandonment until any
issues or other conditions deemed necessary by the City Council are completed
or otherwise resolved.
Option 2: Adopt a resolution to deny abandonment, if the Council finds that the right of
way is necessary for existing or future public street purposes. (Attachment 3)
Attachments:
1 -Vicinity Map
2 -Draft final resolution of abandonment
3 -Draft resolution to deny abandonment
4-Resolution No. 9349 (2002 Series)
5–Proposed cross-section of Morro St.
Note: The July 16, 2002 agenda report is in the City Council reading file.
I:/Council Agenda reports/CC Report—Morro St. Final Abandonment
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Attachment 1
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VICINITY MAP ARAN 193-01
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ATTACHMENT 2
Recording requested by
and when recorded mail to:
City Clerk
990 Palin Street
San Luis Obispo, CA 93401
RESOLUTION NO. (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT A PORTION OF THE MORRO STREET
RIGHT OF WAY,BETWEEN PALM AND MONTEREY STREETS,IS UNNECESSARY
FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING
ITS ABANDONMENT, SUBJECT TO RESERVATION OF SPECIFIC EASEMENTS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. In accordance with a public hearing duly held on September 3,.2002, pursuant
to Section 8300 et seq. of the California Streets and Highways Code and a finding of General
Plan consistency, that this Council finds and determines_ that a portion of Morro Street, between
Palm and Monterey Streets, 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 the
following:
1. Reservation of easements over the southwesterly 3.5 feet of the abandoned right of way for
public pedestrian and utilities purposes, as described and shown on said attached "Exhibit A".
2. The abandonment shall not be effective until the City receives fee title ownership of the adjacent
northeasterly property.
3. Item 2 must be met within one (1) year of this date. Otherwise, this resolution will expire and
be null and void.
SECTION 3. Upon notification from the Director of Public Works to the City Clerk that the
condition prescribed in Section 3 has been met, 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:
/ � ^'i
ATTACHMENT 2
Resolution No. (2002 Series)
Page Two
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 3rd day of September, 2002.
MAYOR Allen K. Settle
ATTEST:
CITY CLERK Lee Price
APPRO AS TO FORM:
"A7i79INErefIVy G. Jorgensen
I/Council Agenda Reports/CC report—Morro Street Abandonment
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ATTACHMENT 3
RESOLUTION NO. (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT A PORTION OF THE MORRO STREET
RIGHT OF WAY,BETWEEN PALM AND MONTEREY STREETS, IS NECESSARY
FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND DENYING
ITS ABANDONMENT.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. In accordance with a public hearing duly held on September 3, 2002, pursuant
to Section 8300 et seq. of the California Streets and Highways Code ander finding of General
Plan consistency, that this Council finds and determines that a portion of Morro Street,between
Palm.and Monterey Streets, as described and shown on the map marked"Exhibit A", attached
hereto and incorporated herein, is necessary for present or future public street purposes.
SECTION 2. This Council, therefore, hereby denies the abandonment of the aforesaid portion
of the Morro Street 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 3rd day of September, 2002.
MAYOR Allen K. Settle
ATTEST.
CITY CLERK Lee Price
APPRO D AS T ORM:
50Y.AIrtolmlJefey G. Jorgensen
Ii/Council Agenda Reports/Morro Street Abandonment—Denial Resolution
ATTACHMENT 4
RESOLUTION NO. 9349 (2002 Series)
CI'T'Y OF SAN LUIS OBISPO CITY COUNCEL RESOLUTION OF
DiTENTION TO ABANDON A PORTION OF TAE MORRO STREET
RIGHT-OF-WAY,BETWEEN MONTEREY AND PALM STREETS
(ABAN 193-01)
WHEREAS,the City of San Luis Obispo Planning Commission conducted a regular
public hearing on June 26,2002,for the purpose of making a General Plan determination and
formulating a recommendation to the City Council on a request for abandonment of a portion of
the Morro Street right-0f--way between Monterey and Palm Streets;
WHEREAS,the disposition of City-owned property most be done in accordance with the
City Charter(Section 906),the California Government Code(Sections 54222 and 65402) and the
procedures of the city's Property Management Manual; 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,incorporated herein by reference;
WHEREAS,the City Planning Commission found the land underlying the right-of-way
to be surplus City property and rhe disposal of said property to be consistent with the General
Plan and the City's property Management Manual.
NOW,TEMREFORE,BE IT RESOLVED,by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Agion-Intention to-Abandon, Iris the intention of the City of San Luis
Obispo to abandon the above-referenced public right-of-way as shown on the map marked
F.xkbit"A",attached hereto and incorporated herein by reference,pursuant to Section 8300
etseq.of the State of California Streets and Mgbways Code,and that the abandonment shall be
based on the following findings,and subject to the following conditions:
1. The proposed right-of-way abandonment,and the related sale or exchange of the underlying-
land,is consistent with the General plan because it is no longer needed for public street
purposes and Morro Street will continue to function as a local commercial street as
envisioned in the Chou ation Element.
2_ The right-of-way abandonment will benefit the general public by eliminating the City's
costs for maintaining pavement and infrastructure within the right-of-way,and it will
facilitate the construction of additional parking needed for the downtown commercial area_
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City Council Resole._.:No. 9349 (2002 Series) ATTACHMENT 4
Page 2
3. The proposed right-0f-way abandonment and disposition of the surplus property is exempt
under Section 15301 of the California Environmental Quality Act.
Conditions:
1. A parcel map shall be processed prior to the recordation of a final abandonment
resolution to merge underlying lot lines and show adjusted property corneas.The required
parcel map shall include the 5-foot dimension of the proposed abandonment.
2. The abandonment/parcel map shall include the reservation of necessary easements for
public pedestrian access,public and private utilities,emergency access, ingress and
egress to the buildings on the adjacent properties,private and public drainage,to the
satisfaction of the Public Works Director and the various utility companies. Specific
details will be determined during the abandonment process,prior to adoption of a final
abandonment resolution by the City Council.
3. All utility relocations,conversion of utilities from public to private,and meter relocations
shall be completed prior to recordation.of abandonment and/or the parcel map,unless an
agreement to constw the necessary revisions and adequate sureties have been posted,to
the satisfaction of the Public Works Director,Utilities Director,Chief Building Official and
affected utility oompantes.
4. The final abandonment shall not become effective until the City Council has certified the
Final ffit for the Copelands Project,and all required Planning entitlements for the project
have been secured.
5. The final abandonment shall not become effective rmt a the applicant has sold the adjacent
property to the east of the abandoned right-of-way to the City.
SECTION 2. Copies of the map showing.the particulars of the proposed abandonment
are on file in the office of the City Cledc.at 990 Palm Street.
SECTION 3. Tuesday,September 3,2002,at 7:00 p.im in the Council(umber of the
City Ball.990 Palm-Street;San bars Obispo,California is the time andplace set for healing all
persons interested in or objecting to the proposed abandonment.which tim 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
abandonnent,in The Tribune,a newspaper published and circulated in this city.
SECTION S. The City Engineer shall post at least three(3)notices of the proposed
abandonment m 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.
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c City Council ResoiL -.a No. 9349 (2002 Series) ATTACHMENT 4
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♦ ' Page
SECTION 6. The City Engineer shall notify utility companies affected by the proposed
abandonment within tea(10)days after adoption of the Resolution of Intention in accordance
with Section 8347 of the Streets and highways code.
On motion Vice Mayor Marx of, seconded by Council Member Ewan, and on the
following roll call vote:
AYES; Council Members Ewan,Schwartz,Vice Mayor Marx,and Mayor Settle
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 16t day of July 2002.
Lf
Mayor Allen S e
_A
City Clerk Ire Price
APPROVEDAS TO FORM:
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EXIST. AC OVER PGC,
PAVEMENT
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TYPICAL ROAD. SECTION (PROPOSED): MORRO ST,
SCALE: 1:15