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Home My WebLink About09/18/1990, 1 - CONSIDERATION OF THE ABANDONMENT OF HASKINS AVENUE, BETWEEN SANTA BARBARA STREET AND THE SOUTHERN P A @ City Of San LUIS OBISPO - MEEnNG DATE: 18 1990 COUNCIL AGENDA REPORT REM Nu" ' / � FROM: David F. Romero, Public Works Dire or Wayne A. Peterson, City Engineer / Prepared by: Gerald W. Kenny, Supervising Civil Engineer v SUBJECT: Consideration of the abandonment of Haskins Avenue, between Santa Barbara Street and the Southern Pacific Railroad Right of Way RECOMMENDATION: Adopt resolution abandoning Raskin Avenue, subject to reservation of a sanitary sewer easement, as recommended. DISCUSSION: The Council adopted a 'resolution of intention" [Resolution No. 6855 (1990 Series) ] on August 21, 1990. setting the time and place of this hearing to consider the abandonment of a portion of Raskin Avenue, between Santa Barbara Street and the SPRR R/W, (excluding Emily Street) . There is an existing public 6-inch sanitary sewer main within the abandonment area. A 10-ft wide easement must be reserved for access, maintenance and replacement of this main. There are no public utility company facilities within the abandonment area. The westerly 10 feet of Haskin Avenue is being excepted from the abandonment for possible future widening of Santa Barbara Street. The abandoned right of way will revert to the applicants per a Ticor title report dated 8-29-89. The applicants have submitted a preliminary "lot line adjustment map" to the Community Development Department to combine resultant lots of record that would otherwise be "landlocked". Technically, the abandonment should not be recorded until after, or concurrently with, recordation of the Certificates of Compliance legalizing these new parcels. The final abandonment resolution, therefore, includes this provision. The Community Development Director acts on Lot Line Adjustments such as this and staff will coordinate the recording of the respective documents. Council should now receive any public testimony and then decide whether to approve or deny the abandonment, or to postpone final action until any Council conditions are met. The Community Development Director granted a negative declaration regarding environmental impact. ALTERNATIVES: Option 1: Adopt resolution finding and determining that this right of way is not necessary for present or future public purposes, and abandoning same with reservation of an easement for public sanitary sewer purposes. STAFF RECOMMENDED ACTION. � i city of san Luis oaispo COUNCIL AGENDA REPORT Baskin Avenue Abandonment Meeting of September 18, 1990 Page Two Option 2: Conduct public hearing and continue action on abandonment until any conditions deemed necessary by the Council are met. Option 3: Deny approval of abandonment if the Council finds that the right of way is necessary for existing or future public purposes. FISCAL IMPACT: None CITIZEN PARTICIPATION: This is a hearing to receive public testimony. The public has been informed of this hearing via newspaper legal advertisement and posting at the site. The Planning Commission recommended abandonment. unanimously, subject to the reservations noted above. No public comment was received during the Planning Commission hearing process. CONCURRENCES: All affected staff concur with the recommended action. Pacific Gas & Electric and Southern California Gas Co. have indicated that they have no facilities affected by the abandonment and do not need to reserve an easement for future use. Sonic Cable and Pacific Bell have not responded to recent and earlier notices and apparently have no facilities affected by this action nor do they need easement reservations. RECOMMENDATION: Adopt resolution finding and determining that Baskin Avenue, between Santa Barbara Street and the Southern Pacific Railroad Right of Way, except the westerly 10 feet as measured at right angles to Santa Barbara Street, is not necessary for existing or future public purposes and ordering the abandonment of same, subject to reservation of a 10-foot wide sanitary sewer easement, centered over the existing 6-inch main. Attachments: 1 - Draft Resolution of Abandonment 2 - Vicinity Map 3 - Resolution No. 6855 (1990 Series) 4 - Council Agenda Report (August 21, 1990) i P-*n'AHmhAbmwp i ORecording requested by and when recorded mail to: City Clerk City of San Luis Obispo P. 0. Box 8100 San Luis Obispo, CA 93403-8100 RESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT RASKIN AVENUE, BETWEEN SANTA BARBARA AVENUE AND THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC PURPOSES AND ORDERING THE ABANDONMENT OF SAME SUBJECT TO RESERVATION OF A SANITARY SEWER EASEMENT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: O SECTION 1. In accordance with the public hearing duly held on September 18, 1990, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that the portion of Haskin Avenue 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: (a) reservation of a 10-foot wide public sanitary sewer easement centered on the existing 6-inch diameter main in Haskin Avenue; (b) concurrent recordation of lot-line adjustment map and/or of certificates of compliance to eliminate landlocked parcels, to the satisfaction of the Community Development. Director and the City Engineer. /-3 Resolution No. (1990 Series) Page Two. I � SECTION 3. 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, upon satisfaction of the conditions mentioned in Section 2 above. 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 1990. MAYOR - ATTEST: CITY. CLERK APPROVED: City Administra ive Officer OZA Y for e Co Deve o went Director City gineer jklan Nl4H S7.' I N04J7Y " T J91F 4�cNoon�E� k/N A vE. 2114. it ROONOWONdE 61. . LEGAL DESCRIPTION BASKIN AVENUE ABANDONMENT, BETWEEN SANTA BARBARA AVE. i SPRR R/W. That portion of Raskin Avenue, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the map of the Buena_ Vista Addition, filed in Book A, page a7 of Maps and as shown on the map of the Fairview Addition, filed in Book A, ,page 98 of Maps, in the Office of the County Recorder of said County, described as follows:. Thatportion of the above-described right of Way, bounded on the west by a line distant 10 feet easterly of, and parallel to, the easterly. line of Santa Barbara Avenue, as,shown. on the above- said maps, and bounded on the -east by the westerly line of the property conveyed to the Southern Pacific Railroad Company, by deed dated and recorded november 28, 1890 in Book 11, page 42 of Deeds. EXCEPTING Emily Street right of way as shown on said maps. RESERVING a10-ft wide sanitary sewer easement, centered over the existing sanitary sewer Within said abandoned Raskin Avenue.right of way. C14F Of A��wDoNtiIEwT of PORMAI ' Sa11 lU1S 081Sp0 0� f1,�skiAl AX6. aAT&Pe1NT NW61 - - - AV �_�O ;; :: :• a Q •. •. : : :G::: ::: 'i••. , . , . . . ;r , , . 6UILDING i : i : i �i � :i r O SUF7UE5 i : : 1 : • • • r r rr r ' , r � ; �j " ♦ : r : y, i �: , I. I Waco M ES 33 a 7� sr =: =: _ H1ON %r vtOs� t OO E p LUMDER : �. r ARMSTRO" -i, ' r FLOOR r i O COv@RM+4 AC J6*M r R-2 �I4 r -I r tPn PACIFLC : O C 3A[ES }PONE : �i I M PROVEMENT I r GENT ER r O A36-E0 • m x ties TMs Ts m c S 3 ERDOKS n I = I VOODLRAf7 4 C/lp1Nt;T� I A5444 t�IPIS Br.24 � _ a0vG rCOMMZ=44L Me ��e e� M TIL Q•T1M STOMT. A W-06 1 0) 44 — o st.o.Gauvrr ataE f•i3� CAR e WASH Aac ss-Ts. ��LE-CS « 00002 7V-41 ,EsRS T, ARG 73^45 �T„� _ N�R[HOva� AC $TOME/! a WJitF •xRRlSf I luec 7E-4o 1/0037. Z n 637.698-73 a Ltto /hdo LRC.17.77 A07C 7-5-42 RQUNDH®USB ST. s � ; , � RESOLUTION NO. 6855 (1990 Series) A RESOLUTION OF COUNCIL OF THE CITY OF SAN LUIS OBISPO OF INTENTION TO ABANDON HASRIN9 AVENUE BETWEEN SANTA BARBARA STREET AND THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. It is the intention of the City of San Luis Obispo to abandon right-of-way on Haskins Avenue between Santa Barbara Street and the Southern Pacific Railroad right-of- way as shown on the map marked "Exhibit A" -. attached. hereto and incorporated herein by such reference, pursuant to Section 8300 et. seg_ of the Streets and Highways Code, subject -to the following C` findings: 1. The right-of-way proposed for abandonment is not needed for present or future public purposes; 2. The proposed street abandonment is consistent with the General Plan; and 3. The proposed street abandonment has been evaluated under the City's Environmental Procedures and the California Environmental Quality Act, and it has been determined that the street abandonment will not have a significant adverse environmental impact (ER45-88) . SECTION 2. Conditions. Final abandonment of said right-of- way shall be subject to the following conditions: G 1. Final street abandonment shall be subject to the reservation of a utilities easement, to the approval of the R6855 /-7 Resolution No. 6855 ( 1990 Series ) City Engineer. 2 . Final street abandonment shall be subject to the reservation of a 10-foot by 50-foot strip of right-of-way along Santa Barbara Street for future street improvements, to the approval of the City Engineer and Community Development Director. SECTION 3. Copies of the map showing the details of the proposed abandonment are available at the officeof the City Clerk, 990 .Palm Street, in San Luis Obispo, California. SECTION 4. Tuesday, September 180, 1990 at 7:05 p.m. or such later hour as may be established by the City Clerk, 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 S. 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 abandonment, in the Telegram- Tribune, a newspaper published and circulated in this city. SECTION 6. The City Engineer shall post at least three (3) notices of the proposed abandonment along or adjacent to that portion of the street proposed• to be abandoned at least fourteen Resolution No . oa» 1i77u aeri=e, (14) days before the date set for hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 7. The City Engineer shall notify utility companies affected by the proposed abandonment 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 Councilman Roalman , seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Roalman, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: Councilwoman Rappa Cthe foregoing resolution was passed and adopted this 21st day of August ; 1990. Mayor Ron Dunin ATTES'"- Pam Voges, 'ty Clerk APPROVED: City Adminis ra ive Officer Recolution No. 6855 990 Series) tt me Community Dev pment Director ity E ineer R 0. % '+o op : 0-'♦ i ♦ - ::i 00 WILDING SLRPULS vDaes ARC e4-tei �AD�l'!� ► '� I i , 794 i '/ice i i i SYR@ET , 10 N S70RAGE ♦ i AiMlTtOY6 i I -i FLOOR r_ CovfRw.FR-2 rat7t v �A!�dF•N PACIFIC HOME tMPROVEMrLPT CEMTER PGA37 74 SA AM )V,$4-15 tws i ♦ i -' I� _ • x A(yT,4 Ts L= 4Ji r , n4 O4-M BROOKS n C .. S 'VooviL"i7 4 1BA29- ,AaOVC t� £ I COMtWCRCuc V-AC Rye A°AT% = tt•np� STae. b� O ® rhZSA N y Awl-Y = I O 3.L.0.Cp.WTY OLA9 - I ti C.0r77NC70r'S.t390C �•iL CAR WA�iM 1 O ARCtu-71. ��tA-e1 - Y0002 ARC27"I I SE4R: AMCW-43 OLYMPIA - YMRRMO11ef AIC T7•� STORE/ c WAtifARRL I 1100 7e-,I a v°1 °Vz 7t 897.698-73 �j Itto tteoI y L'iQCl777 ARC 7O 42 RMUNDHOUSS IST. PIZZA AfC? 77 s F MEETING DATE: city of san Luis OBISPO A f O' ITEM NUMBER: COUNCIL AGENDA REPORT FROM: Arnronas, Community Development Director; By: Jeff -- Hoosociate Planner ! i SUBJECT: Request to abandon Haskins Avenue between Santa i Barbara Street and the Southern Pacific Railroad right-of-way. CAO RECOMMENDATION Adopt resolution of intent to abandon .to abandon Haskins ! Street as recommended by the Planning Commission. i ADVISORY BODY RECOMMENDATION At its July 11, 1990 meeting the Planning Commission voted 5 to 0 (Commrs. Gurnee and Schmidt absent) to recommended that the City Council abandon Haskins Street, subject to three findings and two conditions. Other than the applicant's comments, there was no i i public comment on the street abandonment at the meeting. BACKGROUND Haskins Avenue is a one-block long "paper street" which crosses the Pacific Home Improvement Center's parking lot and storage lot. The property owner would like to provide for the future sale or I� redevelopment of the property by formally abandoning the street, and by adjusting lot lines to combine several small lots into five - larger lots. A lot line adjustment application is pending, and will be considered following Council action on the street abandonment request. Originally, the applicant had requested abandonment of both Emily Street and Haskins Avenue; however the request to abandon Emily Street was withdrawn due to access and circulation needs for adjacent lots. i Haskins Avenue was dedicated as a public street with the Buena Vista Addition, filed in 1887. Fee title to the underlying property is held by the property owner. The City maintains a 6" sewer main in Haskins Avenue; otherwise there are no public improvements or public use. The owner is willing to grant an easement to allow the sewer to remain in its present location (letter from applicant, attached) . i Cities and counties follow the abandonment procedures set forth in Section 8300, et. sea. , of the Streets and Highways Code. The i decision to abandon any public right-of-way is a legislative and discretionary one, and the City is not required to abandon when in the judgement of the City Council it would be unwise to do so. i The Planning Commission's action on the request is advisory to the City Council. If the Council decides to abandon a street, it must make findings that the street is unnecessary for present or future public purposes, and that the abandonment is consistent with the General Plan. If these findings cannot be made, the street may not F � - m,� ,uhl�lj, city of San tins OBISpo WMQa COUNCIL AGENDA REPORT Page 2 be abandoned. Upon abandonment, the City may impose reasonable conditions and reserve easements for various public utilities. DATA SUMMARY Applicant: Terence K. Orton, Westland Engineering ! Representative: Roger Lyon Property Owner: Roger Morf Zoning: C-S General Plan: Service-Commercial/Light Industrial f Environmental Status: Negative Declaration granted. City Processing Deadline: none. j Site Description: Rectangular section of right-of-way, 50 feet I wide by about 320 feet long, currently used for parking and outdoor storage purposes. EVALUATION ' The area in which Haskins Avenue is located has been used and maintained by Pacific Home Improvement Center as a parking lot and outdoor storage yard for many years. While the right-of-way (r.o.w. ) has existed since the late 18001s, there is no indication that it was ever improved or used as a public street. The City maintains a 6" sewer main in Haskins between Emily Street and Santa Barbara Street, and the applicant intends to reserve a utility easement to allow existing utilities to remain. In addition, there are plans to widen Santa Barbara Street to allow for future j installation of bikeways and related improvements, and the applicant intends to reserve 10 feet of Haskins Avenue for that purpose. Access and Circulation Haskins Avenue does not appear. to be needed for current or future i street purposes, since all lots bordering Haskins Avenue have street access from Emily or Santa Barbara Streets. The applicant owns fee title to the properties underlying and adjacent to the right-of-way. Abandonment would not affect neighboring properties, i but would merely recognize long-standing uses of the property. Eventually, it is likely that the applicant's property will be redeveloped with more intensive C-S uses. At that time, primary access could be provided from High, Roundhouse, or Santa Barbara Streets with secondary access from Emily Street. j I There is no likelihood that. Haskins Avenue would be extended in either direction, since it is bordered by railroad r.o.w. and residential areas to the east, and commercial and residential buildings to the west. Nor is it needed for emergency or fire access. Haskins Avenue does, however, provide an option to link �-�3 City of San LUIS OBISPO NMZa COUNCIL AGENDA REPORT Rfaff Page 3 Emily Street with Santa Barbara Street for an internal commercial street. This does not appear to be a necessary connection, now or in the future, and may not be a desirable given its proximity to High and Roundhouse Streets. If through circulation is needed in the future, it may be possible to extend Emily Street to High Street by acquiring excess railroad r.o.w. General Plan Abandonment would be consistent with the General Plan. The Circulation Element Streets Master Plan does not show Haskins Avenue. Current work on updating the Circulation Element is focusing on the possible cross-town Bishop to South Street connection; however Haskins Avenue is not expected to be a part of that project. Utilities A 6" public sewer main is located in Haskins between Emily and Santa Barbara Streets, and P.G. & E. and Southern California Gas have asked that a utility easement be reserved if the street 'is abandoned. Condition 1 requires that a utility easement be reserved in Haskins Avenue prior to final street abandonment, to the approval of the City Engineer. The applicant may also choose to relocate existing utilities, with prior approval by the City's Utilities Manager and City Engineer, and by the utility companies. This is addressed in recommended condition number 1. Street Widening A 10-foot wide strip of the Haskins Avenue r.o.w. at Santa Barbara Street should be reserved for future street widening. The Circulation Element designates Santa Barbara Street as a 60-foot wide arterial street; and the Bicycle Facilities Plan recommends that bike lanes be provided along both sides of the street. A 10- foot widening on both sides of Santa Barbara Street will allow the eventual installation of bike lanes as recommended in the Plan. In discussions with staff, the applicant agreed to reserving the f10-foot by 50-foot strip for future street widening, and this is addressed in recommended condition 2. ALTERNATIVES 1. Continue consideration of the abandonment request, with direction to staff or the applicant on additional information or changes needed. 2. Adopt resolution to deny the abandonment request if the council cannot make the mandated findings for approval . • i city of San tins OBIspo AMEGO COUNCIL AGENDA REPORT Page 4 i RECOMMENDATION Adopt resolution of intent to abandon Haskins Avenue, as recommended by the Planning Commission. i i i I Attachments: -Draft Council Resolutions -Vicinity Map -Lot Line Adjustment Map Applicant's Letter -Initial Environmental Study -Planning Commission action jh/Haskins.wp