HomeMy WebLinkAbout06/04/1991, 3 - CONSIDERATION OF AN EXCHANGE OF PROPERTY BETWEEN THE CITY OF SAN LUIS OBISPO (LAGUNA LAKE MUNICIPAL GOLF COURSE, 11175 LOS OSOS VALLEY ROAD) AND LAGUNA LAKE MOBILE ESTATES (1801 PREFUMO CANYON ROAD). np(II SAME AGENPAREPORT AS DISTRIBUTED FOR 5/7/91 MEETING
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I► u city of san suis ogIspo fi
COUNCIL AGENDA REPORT
FROM: Arnold B. Jonas, Community Development Director;
FK By: Pam Ricci, Associate Planner
SUBJECT: Consideration of an exchange of property between the City
of San Luis Obispo (Laguna Lake Municipal Golf Course, 11175
Los Osos Valley Road) and Laguna Lake Mobile Estates (1801.
Prefumo Canyon Road) .
CAO RECOMMENDATION:
Adopt the attached resolution approving the land exchange based on
findings and subject to conditions.
REPORT IN BRIEF:
The owners of Laguna Lake Mobile Estates have applied to the city for a
tentative subdivision map to create a mobilehome park condominium. While
reviewing that map, it was discovered that portions of mobilehomes,
fencing and other improvements encroach onto the adjacent city-owned
Laguna Lake Municipal Golf Course (along the north and east property
lines of the mobilehome park) . Staff has postponed continued processing
of the tentative subdivision map until the encroachment issue is
resolved.
Three alternatives were identified by staff to deal with the
encroachments: 1. ) require the removal of the encroachments; 2. ) allow
the improvements to remain with encroachment permits; and 3 . ) modify the
locations of lot lines where the encroachments occur. Because the
encroachments do not adversely affect the golf course's operations and
since the total area where the encroachments occur is small (about 0.1
acre) , staff felt that adjusting lot lines would be the most efficient
and least disruptive approach to handling the situation. As requested
by the city, the owners of the mobilehome park have submitted a lot line
adjustment map to adjust property boundaries accordingly.
In exchange for acquiring the 0. 1 acre of city golf course land where the
encroachments occur, the owners of the mobilehome park are proposing to
dedicate to the city about 5.3 acres of creek/open space area. Section
906 of the City Charter requires that any sale or lease of, or in this
case, exchange of, city property be approved by a 3/5 majority of the
council. The council in reviewing the land exchange will need to
determine appropriate compensation for the city land involved - either
acceptance of the proposal to dedicate in fee to the city the creek
channel area now owned by the mobilehome park or payment to the city for
the fair market value of the land.
In accordance with California Government Code Section 65402, the Planning
Commission on March 27, 1991 found the land exchange consistent with the
general plan.
MY Of San LUIS OBISPO
di;% COUNCIL AGENDA REPORT
Property Exchange
Page 2
SIGNIFICANT IMPACTS
With conditions requiring improvements to stabilize the creek bank area
and prevent further undermining of two significant trees, no significant
environmental impacts are expected from the land exchange.
CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION
If the council denies the property exchange, then the applicant would
need to either obtain encroachment permits from the city, remove the
encroachments or pay fair market value for the city property.
BACKGROUND:
Data Summary for Lacuna Lake Municipal Golf Course
Address: 11175 Los Osos Valley Road
Owner: City of San Luis Obispo
Zoning: PF, Public Facility
General Plan: Park
Data Summary for Laguna Lake Mobile Estates
Address: 1801 Prefumo Canyon
Owner: Laguna Lake Company, General Partnership
Zoning: R-2 (mobilehome park) and C/OS-40 (creek area)
General Plan: Medium Density Residential (mobilehome park) ,
Conservation/Open Space (creek area)
Project Action Deadline: May 15, 1991
Site Description
The golf course property owned by the city where the encroachments by the
mobile home park occur is fairly flat and open. The encroachment area
is very narrow (about 8 feet wide at its widest) and long and occurs
along most of the extent of the north and east property lines of the
mobilehome park shared with the golf course. The total encroachment area
consists of about 0. 1 acre.
The creek area proposed by the owners of the mobilehome park to be
offered in fee to the city in exchange for the encroachment area
described above includes open space areas beyond the top of bank,
including a playground, as well as the creek area itself which has
steeply sloping banks and a fairly wide and flat channel area. The total
creek/open space area being offered to the city totals about 5.3 acres.
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������ibi►►�►IIIIIIIIP�' IIIIIIf city of San L.6 OBispo
COUNCIL AGENDA REPORT
Property Exchange
Page 3
EVALUATION
Staff feels that the proposed land exchange is in the city's best
interest and consistent with land use and open space policies to acquire i
creek and open space areas in fee. Acquisition of the creek area will j
allow for pedestrian linkages between the Royal Way tracts and Prefumo
Canyon Road. It is staff's opinion that the small amount of golf course
property that will be exchanged will not have any impact on the course's
operations and therefore not raise general plan policy consistency
issues.
While staff supports the proposed land exchange and is enthusiastic about
acquisition of the creek/open space area, it is staff's opinion that the
exchange should be conditioned upon existing creek bank erosion problems
being addressed. On March 12, 1991, city planning and engineering staff
meet with representatives of the property owners and residents of the
mobilehome park to "walk" the creek. During that meeting, adjustments
to the proposed lot line location along the top of bank were agreed upon
and needed improvements to the bank area to address erosion problems were i
evaluated.
The banks of this creek corridor have been significantly eroded from past
storms. Of particular concern are two large trees (one oak and one
sycamore) that have been undermined by erosion and have exposed root
systems. Both city staff and the Planning Commission feel that repair
work to the channel should be completed before city acceptance of the
area offered for exchange and that the cost for the needed improvements
should be borne by the existing property owner, not the city. The
proposed property exchange is a mechanism for assuring that this needed
erosion repair work is completed in a timely matter. However, since the
city is aware of the erosion problems, it could pursue the required
repair work under current city abatement regulations without any specific
planning entitlement involved.
An attached letter from Gary Collister of Cal Park, the company
representing the mobilehome park owners on the conversion request,
contains a formal request to waive any requirements for extensive erosion
repair work. . The letter .cites the discrepancy in the relative assessed
values of the two properties as a reason (the much greater value of the
creek/open space area that the city would acquire as compared to the golf
course property that would be exchanged) to waive the required
improvements. The submitted appraisal and the relative values of the
properties to be exchanged is discussed in greater detail below under the
Fiscal Impact section.
ALTERNATIVES
1. Require the applicant to pay the fair market value for the city golf
course property land to enable the property boundaries adjustment
proposed (would allow encroachments to remain) .
�ui�lir�i��IdIIIIIfIIII��i ll��h city of san L.6 OBIspo
COUNCIL AGENDA REPORT
Property Exchange
Page 4
2. Deny the proposed property exchange requiring the applicant to either
obtain encroachment permits from the city or remove the encroachments.
3. Continue review if the council feels that additional information is
necessary in order to render a decision.
The council could continue consideration with the agreement of the
subdivider. Lot line adjustment maps are administrative actions that
are handled by planning staff. However, they are governed by the same
processing deadlines as other subdivision maps are. The deadline for
action is May 15 , 1991 unless the applicant agrees to an extension
of processing (one-time 90-day extension) . I
. OTHER DEPARTMENT REVIEW
I
The Public Works Department has pointed out the need for repair work to
the creek bank area to address erosion problems. They have stipulated
that deeds to finalize the proposed land exchange should not be recorded
until the work is done or appropriately bonded for.
FISCAL IMPACT
An appraisal prepared by Gerald C. Taylor of the firm Schenberger,
Taylor, Mc Cormick and Jecker (available in file for review) and
submitted by the applicant on March 18, 1991, indicates that the property
offered by the mobilehome park to the city (5.3 acres in the creek area)
has an appraised value of $124,000, over 40 times higher than the $3, 000
that the land now owned by the city where the encroachments occur was
appraised at (about 0. 1 acre of golf course property) . While staff
agrees that the property the city would obtain is larger and would have
a higher value, the actual discrepancy in the relative values of the
properties is probably overstated. The appraisal does not take into
account the cost savings to the mobilehome park property owner of not
having to move homes and other improvements encroaching onto the city
property.
In conclusion, the creek/open space area that the city would acquire is
i of equal or .higher value than the golf course property it would be
exchanging. If the property owner does the necessary repair work to the
creek corridor, the proposed property exchange will not require any
outlay of city funds.
RECOMMENDATION
Adopt the attached draft resolution which approves the land exchange with
conditions.
�������b►um►II{IIIIIP1° IIIIIII city of san ..AIs OBIspo
Ge COUNCIL AGENDA REPORT
Property Exchange
Page 5
Attached: Draft Resolutions
Vicinity/Zoning/General Plan Maps
Tentative Subdivision Map No. 2038
Excerpts from Lot Line Adjustment Map j
Letter from Gary Collister dated 3-15-91 j
Memos from Dave Romero and Jerry Kenny j
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RESOLUTION NO. (1991 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CM OF SAN LUIS OBISPO
APPROVING A REQUEST TO EXCHANGE PROPERTIES BETWEEN
THE = OF SAN LUIS OBISPO (LAGUNA LAKE MUNICIPAL GOLF COURSE,
11175 LOS OSOS VALLEY ROAD) AND LAGUNA LAKE MOBILE ESTATES
(1801 PREFUMO CANYON ROAD)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION L' Findings. That this council, after consideration of the staff
report and the applicant's statement, approves the proposed property exchange based on
the following findings:
1. The proposed property exchange resulting in city acquisition of
approximately 53 acres of creek/open space area is consistent with
policies contained in both the Land Use and Open Space Elements of
the City's General Plan; and
2. The proposed property exchange will not adversely affect the
continuing operation of the Laguna Lake Municipal Golf Course.
SECTION 2. Conditions. The proposed property exchange is hereby approved,
subject to the following conditions:
1. The property owner of the mobilehome park shall stabilize the creek
banks and do other repair work necessary to the satisfaction of the
Public Works Department prior to recordation of deeds finalizing the
property exchange and lot line adjustment.
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
1991.
3-�
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Mayor
AT'T'EST:
City Clerk
APPROVED:
City A' ' trative Officer
tt9 ey
Community Dev o went Director
RESOLUTION NO. (1991 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING A REQUEST TO EXCHANGE PROPERTIES BETWEEN
THE CITY OF SAN LUIS OBISPO (LAGUNA LAKE MUNICIPAL GOLF COURSE,
11175 LOS OSOS VALLEY ROAD) AND LAGUNA LAKE MOBILE ESTATES
(1801 PREFUMO CANYON ROAD)
BE Tf RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Finding That this council, after consideration of the staff
report and the applicant's statement, denies the proposed property exchange based on the
following findings:
1. The existing encroachments onto the city's property interferes with the
continuing operation of the Laguna Lake Municipal Golf Course.
SECTION 2. The proposed property exchange is hereby denied.
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
1991.
Mayor
ATTEST:
City Clerk
yI "i
APPROVED. .
City-
Community Dey to merit Director
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ARK
CALIFORNIA PARK PROPERTIES, INC.
March 15, 1991
Ms. Pam Ricci
Associate Planner
CITY OF SAN LUIS OBISPO
Community Development Department
Post Office Box 81+00
990 Palm Street
San Luis Obispo, California 93403-8100
Re: Gerald Taylor, M.A.I.Appraisal
Relative Values of Laguna Lake Encroachment and Creek Bed Areas
Dear Ms. Ricci:
Please find enclosed a copy of Mr. Taylor's appraisal of the above-referenced values
to be used in connection with the City of San Luis Obispo's analysis of the proposed
trade between the encroaching areas of Laguna Lake Mobile Estates upon City land
and a portion of Laguna Lake property including the creek bed and current open
space areas. It is clear from the appraisal that the proposed trade is heavily weighted
towards the City's benefit. The valuation for the City land totalled $3,000 versus the
Laguna Lake property valuation of $124,000.
After a meeting on March 12th at Laguna Lake with Mr. Dave Romero of Public
Works and representatives of this company, it appears that the City is interested in the
Laguna Lake Company providing extensive repairs to the creek bed area beyond the
scope of just shoring the Laguna Lake side of the bank. Given the fact that Laguna
Lake Company is willing to convey $121,000 of excess property value to the City in
consideration of the proposed trade and that the City has access to special grant funds
earmarked for such repairs to waterways, it is the position of Laguna Lake Company
that it should not be responsible for the City desired repairs to the creek bed area.
As designated representatives of Laguna Lake Company, we are formally making this
request of the City. We are most anxious to resolve this issue so that we all may
e3,-- t S
5220 Pacific Concourse Drive Suite 160, Los Angeles, California 90045
2 1 3 5 3 6 . 6 1 0 0 F A Y 2 1 3 . 5 3 6 . 9 1 8 0
Ms. Pam Ricci
March 15,.1991
Page 2
address the larger issue of the mobilehome park conversion without further delay or
expense.
Please contact Sue Loftin, Glorya Kenney or me at your convenience to discuss this
matter.
Very truly yours,
earyy L. Collister
Principal
CALIFORNIA PARK PROPERTIES VIII,
INC.
GLC:gkh
enclosures
cc: Robert Hedley\Laguna Lake Company
L. Sue Loftin
Glorya Kenney
Ken Discenza\Site Design Associates
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cityo san l�u�s oBispo�
955 Morro Street • San Luis Obispo, CA 93401
April 4, 1991
MEMORANDUM
TO: Pam Ricci, Community Development Department
FROM: David F. Romero, Public Works Director
SUBJECT: Values of Lacruna Lake Encroachment and Creekbed
Areas - Letter of March 15 from Gary Collister
The offer of the developer of this property, that the City
exchange golf course property and conduct major creek work in
exchange for the creek easement, is not acceptable. I believe
the City has the authority to require the developer to relocate
mobilehome coaches as necessary from golf course property, and
can also require the improvement of the creek and dedication of
the creek area. I feel our offer to exchange property for
property was extremely generous. I am not receptive to the
counter offer presented by Mr. Collister.
collister/dfr#28
April 5, 1991
MEMORANDUM
TO: Pam Ricci, Associate Planner
FROM. `merry Kenny, Supervising Civil Engineer
SUBJE .. Laguna Lake Mobile Home Park, SLOAL 91-019
& Tract No. 2038.
Dave Romero is responding with a separate memo to your department
regarding the CalPark letter of 3-15-91. Their request to delete
the requirement to stabilize the banks, etc. because of the offer
to deed the creek and open-space land is not acceptable to this
department. The City can get everything we really need simply
with the easements for open-space, creek and utility easements.
The fact is, the repair work is already necessary, especially the
trees which are a threat due to undermining caused by erosion.
We plan to pursue the repair work near the threatened trees under
current abatement regulations, regardless of the subdivision.
One important point in dealing with the Lot Line Adjustment is
that the City should not approve the "final" processing of the
exchange of. property (deeds) until the work is done, or,
guaranteed under an agreement and appropriate bonding.
Please send a copy of the appraisal attached to their letter for
our records.
c: MB/HB files (w/letter)
Lane Wilson (w/letter)
Jim Stockton (w/letter)
P: \jerry\LLA91019.wp