HomeMy WebLinkAbout12/04/1984 Item 1 - Consider Abandonment of Street Right-of-Way and Sale - Easterly corner of Chorro and Walnut Streetst/ ,/." ':
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Clf,y OF Sa, - [r.^lS OBISpO
CG,IJNGIL AGENtrIA FIEPGIFIT
MEETING DATE:
1?-4-44
ITEM
FROM: Toby Ross, Conrnunity Developnent ARED IiY: Ken Bruce
SUBJECT:street abandonment - consideration of abandonnent of streetright-of-way and selling city property at the east corner of chorroand Walnut Streets.
CAO RECOMMENDATION:
A. Adopt resol-ution approvl-ng an agtreenent to sell the excess property to the
adjacent property ohrner for $9300 with condition he dedicate additional
right-of-way on Chorro Streetr and
B. Adopt resolution abandoning excess right-of-way with reservation of sewer easenent.
BACKGROUND
Situation
TLre city acquired the subject right-of-way from the state as excess right-of-way
fotlowing construction of U.S. Highway 101. In early 1982 the adjacent property
owners, ltr. and Mrs. nobert Zazueta, requested the city abardon the subject
right-of-way. On May 4, t9B2 thre Courcil (on a 4-1 vote) adopted a resolution of
in[ention to abandon the right<f-way, tinaing the right-of-way was not needed for
present or future public purposes. o: June 1, L982t the Council conducted a public
hearing and agreed to abandon the right-of-way and sell the property to the.
Zazuetis, on ihe condition that they pay for an atrpraisal and pay the appraised
price for the proSnrty. An appraisal was corducted at the Zazuetas expenser ard the
appraised value ai of-lune 1982; wErs determined to be $17'600. In July 1982, the
zaiuetas requested ttrat the city consider selling the property at less than the
appraised vilue based on an agreement that the excess right-of-way added to the site
woufa not be used to allow additional density, in effect reducing future development
potential, thereby reducing the value of the property. Staff discussed this concept
witfr tfre ZazuetaJand agreed to reccrmnend to the courcil a sale price of $8500'
based on an agreernent reducing the future development potential. The Zazuetas did
not follow thiough with their proposal and have given Mr. Barry Williams an option
to purchase theii property. On Septenbex 17, 1984; Mr. Williams formally requested
the excess right-of-*uy U. sold for $8500, that the right-of-way be abandoned ard
combined with-the adjacent property and that future development potential be
reduced. On November 13, 1984, the council continued the abandonment request ard
directed staff to re-evaluate the reconrnended purchase price and the possible need
for future widening of Chorro Street.
Data Stunnary
Address: East corner of Chorro and Walnut Streets (670 Chorro Street)
Adjacent Zoning: R-4
Adjacent General Plan Land Use Element: H-ighdensity residential
Atrplicant and Adjacent Property Orrer: Mr. & l,lrs. Robert Zazueta (Mr. Barry
Williams - option to purchase)
Environmental Status: Categorically exempt
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,Wro '\ -r \ - \ctty oF sil. .\-.i oerspo : i
CCILJ]\IGIL AGIEN trIA FI EF'GIFIT
Page 2
Site Description
The subject right-of-way is at the east corner of Chorro and Walnut Streets. It is
an irregularly shaped area of approximately 3038 square feet. The area is presently
used as Rustic Gardens, a plant nursery, which is a legal non-conforming use. TLre
subject right-of-way is not being used for street purposes, however, there is an
existing sewer line running diagonally across the middle of the right-of-way from
Wa1nut to Chorro Streets. An easement would have to be reserved for this p:blic
sewer if the right-of-way is abandoned and sold.
EW\LUATION
It is the applicant's intent to redevelop the property with a conforming
multiple-family residential development, most likely an air-strnce condcnrinium. A11
frontage improvenrents are existing ard are located in the proper place to provide a
continuous uniform street section on both Chorro and Walnut Streets. The
Circulation Element of the general plan does not reconmend any street widening or
intersection modifications in this vicinity.
The Public Works Departnent feels ttrat the city should retain some of the
right-of-way on Chorro Street for possible future widening. As a trnrt of tlris
abandonnent request, the Public Works Departnrent also feels additional dedication of
Chorro Street right-of-way should be required by the adjacent pro5nrty owner, also
Mr. Williams. Ttre Public Works Director has mel with Mr. Williams and arrived at apossible solution. It is shown on Exhibit A attached.
Since the last council hearing, staff has had the May 1982 property appraisal
reviewed. Mr. Williams paid the cost of tLris review-. the market value rsnains at
$5.79 per square foot. If the entire right-of-way area requested to be abandoned is
sold to the adjacent property owner, its value would be $171600. If the only area
abandoned is that shown on Exhibit A and additional lard is dedication on Chorro
Street, the land value would be $9300. Mr. Williams has proposed to purctrase the
area described on Exhibit A and to dedicate additional lard on Chorro Street (seeletter attactred).
ALTERNATIVES
Adopt resolutions (1) approving an agreerrent to sell all the excess
right-of-way to adjacent property omler for $9300 with condition that allowed
density shall not exceed eight two-bedroon units; (2) approving abardorunent of
the excess right-of-way with reservation of sewer easenrent.
2.Mopt resolutions (1) approving an agreement to sell the excess right-of-way to
adjacent property owner for the appraised land value of $171600 or any other
arnount deemed appropriate; (2) approving abandonment of the excess right-of-way
with reservation of sewer easement. If the amount is greater than $9300 the
applicant has indicated he is not interested in securing the excessright-of-way. If the excess right-of-way is not purchaiea Uy the adjacentproperty owner, it should not be abandoned.
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Page 3
g. Adopt resolution (1) approving an agreenpnt to sell excess right-of-way alongChorro and Walnut Streets for $9300 with requirernent the property ownerdedicate additional right-of-way on Chorro Street as noted o.t n*iiUit e; elapproving abandornnent of excess right-of-way as noted on Exhibit A withreservation of sewer easernent. Ihis is the staff reconmendation.
4- continue consideration of right-of-way abandorunent and sale of city property,to allow for additional negotiations, information or a revised off6r to;urchase. TLre streeL abandonment uniler current application would expire onApril 2t 1985t based on Council Resolution No. 54?'B-iitea-s"ti""t r-ffii;h -'
establishes expiration dates for all adopted resolutions of inteniion toabandon right-of-way. -
PREVIOUS REVIE?f
onr May 4, L982, the City Council adopted a resolution of intention to abandon thesubject right-of-way. Otr June 1, tgbZ a p:blic hearing *." .onaucted with thecouncil action b-einq to support abandonment and sell t5 the adjacent owner and tocontinue final abandonment with staff to have the prolnrty apfiaised at theapplicantrs expense. Final abandonment action was-coitinued-lwice in late 19g2because-the property ovner and city staff could not reach agreement on the saleP-ricg of the property. or Novembei 13, L}BA, the city coun6it continued theabandonment to December 4th to consider modiiications-to price and area ofdedication.
OTI{ER DEPARTMENT REVIEW
No departnent has opposed the abandonment ard sale.
FISCAL IMPACT
The city would receive $9300 for the-excess property ard the abandoned right_of_waywould revert to the property tax roll.
RECOI,MENDATION
Staff reconrnends the council adopt resolutions approving an agreernent to sell theexcgls groperlv to.,the adjacent property owner for $9300 and Sbandoning the excessright-of-way described on Exhibit n-wittr reservation of sewer easenrent]
Attactments:Vicinity Map
Draft Resolution approving agreenentDraft Agreement
Draft Resolution Abandoning Right-of-way
Adopted Resolution of IntentionLetter from Barry L. Williams, LL-27-94Council Minutes of May 4, June 1, and August 3, I9g4
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Archftectural Oflrces of
Williams
!.9qmun1ty Devetropment Dept.
990 Palm
San Luis Obispo, CA 93401
Attn: Toby Ross
Dear Toby,
Prease accept this letter as a formal request to purchasethe city owned parcel of property on the corner of chonro cwalnut street. we are herby suumitting an offer of $9r300.00for the parcer in question. Along witi the forementionedsection we are proposing the dedilate an,eleven foot wideIt1ip of property along,:chorro street that may be used forfuture street widening.
Sincerel Yr
/
Barry L. Williams, AIABarry Lorenz Williams Associates
BLWlch
(805) 541-0997
1110 California Boulevard, Suite E
San Luis Obispo, Callfornia 93401
I
City CounclL Minutes
Tuesday, MaY 4' 1982
Page 8
J0 p.rn.
OF
May or 8111le declared the public hearlng open
Merrl eZa , ProPerty ovrner' stated that alEhough they would like
T
4 R1
Councll held a publlc hearlng to conslder a Plannlng Commlsslon
recomrnendation to adopt i""oiutloo of incention to abandon street
rlght-of-qtay "rrd sutrtittv-pi"p"ttv aE che east colner of Chorro and
Walnut Streets.
Ken Bruce, Senior Planner, revlewed for the Councll the Agenda Report
ft;ffi'0t".
-risl . ih" i""ott""ded action was to adopt the resoluLion
oflntentlontoabanaonch",.,"".rlght-of-wayandauEhorizethestaff
io ha.re the surplus Properly appralsed'
DaveRornero,?ubllcservlcesDlrecEorrrnadeadetailedpresentatlon;ftffit.g li..-.tr"-i""ncil nor abandon thls portlon of chorro s.leet'
He explained lhat the Circulatlon Element adopted ln March 1982 shows
chis portion ot cnorto iltu"r u" an arterl-al tht"h tnuy someday need four
travel lanes. The Clrculation Elenent classlflcatlon chart lndlcates a
furure need of oo-zz-ieet of rlght-of-way. Traffic in this portlon of
Chorro Street tu" "rt".iy "*p"ni"a to thi PoinE that the city'has had to
lnstall red curblng i"-ii.," "1"". There ls also some posslbllicy chat
lhe state rnay modlfy grade separalion structures along 101 and would
require some of chis iropercy as part of.an lnrerchange' In vlew of
this, lt was Mr. R"t";;;;-;;'j:nion'lhat the Councl-l could not make the
finding that this sEreet 1s not needed for present 9r lu!gre sEreet
;;;;;;:": He cherefore recommended thar rhe council denv the
abandonmen! request.
BilI Howard, Planning Commlssioner, exPlatned that rhe Planning
e;iiitffi'..";--it"""i.culatlon elenenr provldes for no wldenlng prior
to year 2015 and, at.iufo,t, could not Justlfy not abandonlng 1r ar this
tlme.
t
tod oP n the future a t thls corner' chat develoPmen t would be ln
the very far future due to econornlc constraints. She was unaware that
Ehey did not own the Piece of propertY untl1 about a Year and a half
ago She would urge Counc 11 approval.
Coun cllmembers Dunln and Settle sald thac they could suppolt lt
I'tayor Billlg declared the public hearlng closed'
on morion of coulcl.lman 99!!19, seconded otrrffi#kTffi'r:"r;3;:'
che resolutioi- o?-rilenEi6*n'-6' set the pub
and aulhorize staff to have the surplus property appraised wlth the
owner to pay for the appralsal coscs'
CouncLlnan Grlffin sialed he was unclear at thls tirne lf he wanted to
if;iia."ii:-ffi ;;;;-";" nor sure rhar, a furure use wouldnrt be
necessary.
CouncllwomanDoveyfelttharasnofutureplanshadbeenpresentedfor;ii#. ';iii*m-fr"-""tra have no problem wiEh Ehe abandonnent '
0n motion of ced: Refollowing re
a resolutlon of inten!1 on to abandon a Portlon o t-of-way
easc corner of Chorro and tr.lalnut Slreets and authorlzlng s caff
the surplus ProPertY aPPrals ed wlth Ehe owner to PaY for aP pral
cosc s .
Passed and adopted on the followlng roll call vote:
Councllrnembers Settle, Dovey' Dunln and Mayor B1111g
CounclLman Griffln
Councllnan Settlet
solution was lntrodu
seconded bY Councllwornan the
serles
at lhe
to have
sal
AYES:
NOES:
!!y
IU
No.
,li1r.
ni.ta.::/4a
City Councll Minute
Tuesday, May 4, 1982 - 7:00 p.n.
Page 9
ABSENT: None
8:55 P.M. Mayor Bl111g declared a recess
9:05 P.M. City Council reconvened. A11 Councllnenbers present.
5. STREET ABANDONMENT AT PORTIONS OF LELAND AND BUENA VISTA TERMCES
Councll held a public hearing to conslder a Planning Conrnlsslon
recommendation to reconslder a Resolution of Incentlon co abandon a
portion of Leland Terrace and Buena Vista Terrace wlth added rernnant
portions of Haskln and Leona Avenues on the southqrest face of Terrace
Hill; Jack A. Farris and Clty of San Luls Obispo, appllcants.
Ken Bruce, Senior Planner, r6viewed the Council Agenda Report (see file
No. 535) and sEated Lhe reconmended actlon was to adopt a ResoluElon of
Inlentlon with conditions as reconmended to abandon the street
rights-of-way.
Mayor Bi11ig declared the public hearlng open.
Jack Farris, applicant, asked for clarlflcaEion to condlllon nurnber Part
2, No. 2, whecher the City would share 1n the cost as well as the
appllcant for lnprovements.
Ken Bruces"ffiffie staled that the orlglnal request for the abandonment had been
by Mr. Farrls. The Clty would nornally share in the cost of
the flnal nap, however thls would not lnclude the subdlvislon lmprove-
nents.
Dave Ronero, Publlc Servlces Dlrector, stated that there was only a
minor cost lnvolved. The staff needed !o make a deternlnation as to r,rho
would pay, based on whether lmprovenents beneflLted prlrnarlly the Clcy
or the developer.
Mayor BllI 1g declared the publlc hearing closed.
On motion of Councilman Settle, seconded by Councl-lman Griffin, the
f o llowing re s6filTiiTEE-Iil?6-duced : Resoluiffr-Gl-EE i3-f i33'2 sertes),
a resolutlon of lnt.entlon to abandon lffiI-TEifE-aid'l'uena vLsEa
Terrace and remnant portLons of Haskln and Leona Avenues on the
southwest face of Terrace Hi11.
Passed and adopted on the followlng ro11 call vote:
AYES: Councllrnembers Settle, Griffin, Dovey, Dunin and Mayor Bllllg
NOES: None
ABSENT: None
Councll also agreed to look again at condiElon ParE 2, No. 2, for
possible rewording at the final abandonmenc hearing. (5-0)
6. TENTATIVE MAP APPROVAL FOR MS 8I-29I
Council held a publlc hearlng to conslder a Plannlng Corrunlsslon
reconrnendatlon to grant tentatlve map approval for rninor subdlvlsion No.
8I-291 to modlfy four exlstlng lots lnro four new lots (deep lot
subdlvision), located at 274 loothl1l Boulevard; R-l zonel H. Elseman,
subdlvlder.
Ken Bruce, Senlor Planner, reviewed the Councll Agenda Report (see fl1e
fi:723b'7gt-zst). The recommended actlon was ro adopt the resolutlon
approvlng the tentatlve nap subject to findlngs and condltLons as
recomrnended by the Plannlng Commission.
r\:./-/7
City Council Minutes
Tuesday, June I, !982 - 7:U0 p.m.
Page 5
AYES:
NOES:
AbSENTI
Councilmembers Dovey, Settle, Dunin and Mayor Billlg
Non e
Counci lman (iriffin
PUBLIC IIEARINCS
I. STREET RIGHT-OF-WAY ABANDONMENT & SALE OF CITY PROPERTY AT CHORRO'
& WALNUT STREETS
Council held a publie heirring to consl.der a PJ-anning Comrnission recon*
nendation of abandonment of street right-of-way and selling City prop-
ertv at tlie east corner of Chorro and llalnut Strcets.
l,layne Peterson,Clty Engineer, reviewed the Council Agenda Report (file
no. 535) and stated lE was staff's recommendallon that Councll continue
the public hearing secting the date for August 3, 1982, giving the
property owner additlonal time for the property appralsal and to receive
a signed agreement from the adjacent property owner agreeing to purchase
Ehe necessary right-of-ways.
I'layor Billig declared the public hearlng open. No one spoke for or
agalnst Che proposed abandonenent
hearing closed.
Mayor Billlg declared the pub 1ic
0n motion of Councilman Sectle,
s t a f f rcconrmenal?i6n--Ei--E6nlf nue
seconded by Councilman Dunin,to approve
the publ1c lrearing to August 3, 1982.
llction carlied on che following ro11 cal.1 vote:
AYI:S: Councilmembers Settle, Dunin, Dovey and llayor Bi1lig
l.:OES: None
A.BSENT: Councilman Griffin
]. STRIIET ABANDONMENT - PORTIONS OF LELAND & I]UENA VISTA TERRACES
& HASKIN & LEONA AVENUES
Council held a public hearlng !o conslder a llanning Commisslon reconmen-
dation to reconslder abandonment of a portion of Leland Terrace and
Buena Vista Terrace with added remnant portlons of Haskl.n and Leona
Avenues on the southwest face of Terrace llil1; Jack A. Ferris and Clty
oi San Luis Obipso, appllcants.
hra)'ne Peterson, Clty Engineer, reviewed the Council Agenda Report (file
no. 535.1) and stated it was staffrs recommendatlon to take public
testimony but to continue the public. hearing on abandonment untll the
final map approving, the subdivision was ready for Council approval.
lla;"or BilIig declared tlre pub lic hear
against the prop osed abandonment, Mayor Billlg declared t
ing open. No one spo ke
he tc
hearing closed
orfor
publ
On motion of
staff recomme
Councilrnan Settle
ndation ro coniinue
seconded by Councilman Dunin, to approve
the public hearing on the abandonmen!
until. final map approving the subdivislon was ready for Councll
approval,
llotion carried on the following roll call vote:
AYES: Councimembers SeEtle, Dunin, Dovey and l"layor Billig
NOF:S: None
ABSENT: Council"nan Griffin
l-/B
City Council Ilinutes
Tuesday, August 3, 1982 -./:00 p.m
Page 4
C-IO MUNICIPAL CODE REVISIONS
0n notion of Councilman Griffin, seconded by Cou_ncilrnan Dunin, the
f o l low in g r e sifiTT6i-iZFliTT6Tu ce d : Re so lu tf6i-\6.2973-1f98 2 Se r.le s ),
?. resolution of the Council of tbe City of San Luis Oblspo approvtng an
agreernent with Bc,ok Publlshing Company to revise the San Luls Obispo
llunicipal Code.
i)assed anri adopted on lhe following roll call vote:
AYES: Councilmembers Griffin, Dunin, i)ovey, SettIe and Mayor Billig
NOI-S I llone
ABSENT: None
PUBLIC I.IEARINGS
STREET RICHT-OF-hIAY ABANDONMENT & SALE OF CITY PROPERTY
AT CHORRO & I,JALNUT STREETS
City Council held a public hearlng to consider a Plannlng Commission
recommendation of abandonment of street rlghC-of-way and selllng Cityproperty at Ehe east corner of Chorro and Walnut Streets.
Dave Rornero , Public Services Director, brlefly revierved the agenda staffreporl (Flle No. 535) and recommended Council continue the abandonment
proceedings indefinitely urrtil such time as staff and property owner
reach an agreenent as to the purchase price of the property.
Ilavor Billig declared rhe publlc hearing open. No one spoke for or
against the proposed abandonment
hearing closed.
llayor Billig declared the pub lic
0n motion of Councilwornan Dovey, seconded by Councilrnan Settle, to
continue the abandonment until such time as staff and property owner
reach agreenent as to purchase price. I'lotion carrled, all ayes.
:. STP.EET ABANDON}IENT - BRIZZOLARA
Council held a pubiic hearing to conslder abandonment of a portlon of
Brizzolara Street, located at 455 Brizzolara Screer, R-l-PD zone, Leo M.
Evans, subdivider.
Dave Romero brief ly reviewed the agenda staff report (FlIe No. 535) wjth
the recommendation that this item be continued and heard at the same
time as the final parcel map is submitted,
Mayor Billig declared the public hearing open. No one spoke for or
against the proposed abandonmenr. Mayor B11.1ig declared the public
hearing closed.
On motion of Councilman Durrin,seconded by Councilman Settle, co
continue the street abandonment for Brizzolara until the final rnap for
)linor Subdivislon 82-103 is submitted. I'lotion carrled, all ayes.
3. STREET ABANDONI'IENT - FLETCHER AVENUE
Councll held a public hearing to consider abandonment of a portion of
Fletcher Avenue between Leona Avenue and Florence Avenue; Ernle R,
|liller, applicant.
lfi 1-ry