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111313 Lakeport Planning Commission - Street abandonment

111313 Lakeport Planning Commission - Street abandonment

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Published by LakeCoNews
Gary and Jane Leonard of Ukiah, Calif., who own parcels at 875 and 879 Pool St. in Lakeport, Calif. are looking to abandon a portion of the unimproved Ninth Street public right-of-way west of Pool Street. The request will be considered at the Lakeport Planning Commission meeting on Wednesday, November 13, 2013.
Gary and Jane Leonard of Ukiah, Calif., who own parcels at 875 and 879 Pool St. in Lakeport, Calif. are looking to abandon a portion of the unimproved Ninth Street public right-of-way west of Pool Street. The request will be considered at the Lakeport Planning Commission meeting on Wednesday, November 13, 2013.

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Published by: LakeCoNews on Nov 11, 2013
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CITY OF LAKEPORT COMMUNITY DEVELOPMENT DEPARTMENT  STAFF REPORT
ITEM: VI. A. DATE: November 13, 2013 FILE NO: OA 13-04 APPLICANT: Gary & Jane Leonard 5200 Burke Hill Dr. Ukiah, CA 95482 AGENT/ENGINEER: Ron W. Franz Franz Engineering 2335 Appolinaris Dr. Ukiah, CA 95482 STAFF CONTACTS: Andrew Britton / Scott Harter PROPOSED ACTION AND LOCATION:
An application for abandonment of a portion of the unimproved Ninth Street public right-of-way west of Pool Street. In addition to the applicants
 request, the City of Lakeport is proposing the abandonment of an additional portion of the unimproved Ninth Street right-of-way as well as the entire portion of the unimproved Harlie Street right-of-way, which is a short extension south of Ninth Street. The proposed right-of-way abandonment areas
(applicants’ and City’s)
are illustrated on the attached map (Attachment 1). Attachment
2 shows the applicant’s request with greater
detail. Section 65402 a. of the California Government Code indicates (in part) that if a City has an adopted General Plan, no street shall be vacated or abandoned if the adopted General Plan or part thereof applies thereto, until the proposed street abandonment has been submitted to and reported upon by the planning agency as to conformity with said adopted General Plan or part thereof.
GENERAL PLAN DESIGNATION, ZONING DISTRICT AND APPLICATION INFORMATION:
 The applicants own the property located at 879 Pool Street (APN 025-051-05) which is currently unimproved. The parcel is in the R-1 Low Density Residential zoning district and its General Plan designation is Residential.
 
OA 13-04 / Right-of-Way Abandonments November 13, 2013 General Plan Conformity Report
2
Although the parcel has a Pool Street address, it does not have frontage on Pool
Street. The Assessor’s Parcel Map indicates the parcel has
 75 feet of width (frontage) along a portion of the unimproved Ninth Street right-of-way that lies to the west of Pool Street. The parcel has 105 feet of depth. The northeast property corner is 75 feet west of the corner of Ninth (unimproved) and Pool Streets. Please refer to Attachment 2 which identifies the applicants
 parcel as well as the right-of-way abandonment area requested by the applicants. As shown on Attachments 1 and 2, the applicants have a 12 feet wide access easement that extends across the south side of the adjoining parcel located at 875 Pool Street (APN 025-051-06). A copy of the Grant Deed describing the
“non
-
exclusive easement for roadway and public utilities” has been submitted
and is included with the application materials. The applicants provided a supplemental letter which is also included with the application materials and sets forth the reasons for the abandonment request: 1.
 
The Ninth Street right-of-way that lies north of our property is already essentially abandoned. There are no existing improvements in that right-of-way and constructing a new road in that area would be nearly impossible. Refer to the attached photos. 2.
 
Our property has a nice, flat, easily accessible 12 foot wide easement along the south edge of our neighbor that leads to Pool Street. This will provide a nice and safe access to a public road.
It should be noted that at the City’s direction, the applicant modified their
abandonment request to include the portion of the unimproved Ninth Street right-of-way that lies between their parcel and Pool Street. This portion of right-of-way extends across the north side of 875 Pool Street which is developed with a single family dwelling. The unimproved Ninth Street right-of-way between Pool Street and Spurr Street (unimproved) is only 25 feet wide according to City records.
The area of the City’s proposed Ninth Street
and Harlie Street right-of-way
abandonment lies to the west of the applicants’ request.
Please refer to Attachment 1 which identifies both areas proposed to be abandoned. The City of Lakeport believes the additional Ninth Street abandonment area makes practical sense at this time due to the narrow (25 feet) right-of-way width and
the area’s steep topography.
 Harlie Street is an unimproved 50 feet wide by 140 feet long right-of-way that extends south from a portion of Ninth Street proposed to be abandoned.
GENERAL PLAN CONFORMITY ANALYSIS:
 The portion of Ninth Street between Pool and Spurr Streets as well as Harlie Street were dedicated to the public for road right-of-way on the Central Park Addition town map (1 T/M 26) which was recorded in April 1876. The town map identifies a 25 feet wide right-of-way on Ninth Street. A 1976 survey of the adjoining parcel (subsequently developed as the Willow Tree Plaza shopping center) also identifies a 25 feet wide right-of-way on Ninth Street between Pool and Spurr Streets. As previously indicated there
 
OA 13-04 / Right-of-Way Abandonments November 13, 2013 General Plan Conformity Report
3
are no improvements in this section of Ninth Street. The Harlie Street right-of-way is 50 feet wide and 140 feet long according to City records. The requests to abandon Ninth Street between Pool and Spurr Streets and Harlie Street must be analyzed as to their conformity with the Lakeport General Plan. Staff has reviewed the Transportation Element of Lakeport General Plan and found that neither Ninth nor Harlie Streets are identified on the Roadway Classification table (Table 9, Pg. IV-3). They are therefore designated as local streets which are intended to provide direct access to residential, commercial, industrial, or other abutting land. Local streets are designed to serve local traffic movements and are not intended to handle through traffic according to the Transportation Element. No improvements to Ninth or Harlie Streets are identified on the Recommended Roadway Improvements map (Figure 6, Transportation Element). The Transportation Element (Pg. IV-
10) notes that the City’s local street system “is incomplete and has many discontinuous, narrow and unimproved streets.” Hilly topography “has prevented the completion” of many streets, including the
portion of Ninth Street between Pool and Spurr Streets. Improvements to Harlie Street appear to be dependent on the improvement of nearby Ninth Street. Staff believes i
t is appropriate to segregate the applicants’
request and the
City’s
 
request when analyzing their conformance with the City’s General Plan.
 
 Applicant’s Request 
:
There are three existing lots that have frontage along the portion of the unimproved Ninth Street right-of-way proposed to be abandoned by the applicants. Two lots (APNs 025-051-05 and -06) have frontage on the south side of Ninth Street and one lot (APN 026-301-09) fronts on the north side. Two of the parcels (025-051-06 and 026-301-09) are developed with residential uses and have additional street frontage on Pool Street and are therefore not dependent on Ninth Street for access. The third parcel is owned by the applicants. As previously noted, this parcel is unimproved and has a 12 feet wide access easement that extends through APN 025-051-06.
Staff has reviewed the City’s GIS utility records and no utilities are shown
 within this portion of the Ninth Street right-of-way. The proposed abandonment was referred to other City departments for their review and comments. The City Engineer submitted the following comments
regarding the applicants’ request
:
 
The lot in question has legal frontage on a twenty five feet wide Right of Way (ROW) which is identified as Ninth Street west of Pool Street. Our current ordinance would require the installation of ROW improvements upon development exceeding roughly $52,000 on the property.
 
It is unlikely that ROW improvements could ever be practically installed in a 25 feet wide right of way given the topography of the location; however, the current ordinance does not allow for that requirement to be waived, only deferred.
The City Engineer’s response also indicates that the abandonment of this portion
of the Ninth Street right-of-
way “will not impact current or future traffic

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