Loading...
HomeMy WebLinkAbout10/06/1992, 1 - ABANDONMENT OF MILL STREET, BETWEEN NIPOMO AND BROAD STREETS. 4I����Iyllllylll'I�III p�p�mm�� �I`I 'f�/ ( MEETING DATE: IpuiN�� I city �ff Sante a�s �B�Sp� Oct. 6, 1992 NOW COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Wayne A. Peterson, Interim Public Works Director Prepared by: Gerald W. Kenny, Supervising Civil Engineer SUBJECT: Abandonment of Mill Street, between Nipomo and Broad Streets. CAO RECOMMENDATION: Adopt resolution abandoning Mill Street, between Nipomo Street and Broad Street, subject to reservation of easements and other conditions, as recommended. REPORT IN BRIEF: The attached September 1 City Council agenda report addressed various concerns and recommendations by the Planning Commission and staff. It includes the desires of the Mission College Preparatory and Old Mission Elementary Schools (applicant) and the written opposition by the Mission Gardens Condominiums Homeowners Association. Additional issues have surfaced during preparation of this staff report which require consideration. 1. Combining any landlocked lots of record. 2 . Determination of ownership of the abandoned right of way and how the abandonment would affect the respective properties. Apparently, the schools have plans to utilize the abandoned right of way for expansion of the ball field, among other things. A title report, submitted by the applicant, would resolve the issue and may affect the location of the pedestrian/bikeway easement and any improvements thereto. 3 . The Mission Gardens Condominium Association would like additional time to consider the above issues. Currently, they state that they are in favor of the abandonment, however , they oppose future extension of a "through street". (See attached letter dated September 22 , 1992) DISCUSSION: The Council adopted a "Resolution of Intention" (Resolution No. 8058 (1992 Series) ] on September 1, 1992 setting the time and place of this hearing to consider the abandonment of this portion of Mill Street. Mill Street, between Nipomo and Broad Streets, is partially improved with standard street and frontage improvements along with public utilities, 2 sanitary sewer mains and a water main, including fire hydrants and water meters. Also, since Broad Street storm runoff . drains along the present Mill Street gutters towards Nipomo Street, a drainage easement must be reserved by the City. There is a well-traveled pathway through the unimproved portion of the right of way, so a pedestrian and bicycle access easement should also be retained to accommodate the general public. The combined pathway should be improved to City and State standards, to the satisfaction of Mill Street Abandonment Meeting of October 6, 1992 Page Two the City Engineer and Community Development Director. This would require a minimum of a 12 ft.- wide easement reservation. The exact alignment is yet to be determined, based on disposition of the abandoned right of way. Since the Mission School and the "Mission Gardens" condominiums both utilize the improved portion of Mill Street for vehicular access, a standard 20 ft. wide "common driveway" easement agreement between the parties should be recorded to provide for respective maintenance responsibilities and access rights, per current City regulations. The condominium has a "locked gate" driveway access. It is, apparently, used only when necessary for large truck delivery and emergency purposes, at the rear of the units. Normal access is via Peach Street. The common driveway would only need to extend to accommodate the condominium driveway. This would also satisfy the Fire Department request for reservation of a 20 ft. wide "emergency access" . Standard frontage improvements (sidewalk and driveway ramp) should be installed at Broad Street to replace the street-type entrance, along with necessary drainage facilities. This would clearly show to the public that this no longer is a public street. Also, any existing lots of record must be combined to eliminate any landlocked lots. This can be accomplished via a lot combination "Certificate of Compliance" process. This is a standard condition in cases like this. The pedestrian/bikeway improvements should be installed by the applicants. These items should be prerequisites to recordation of the abandonment resolution. Ownership of the resulting abandoned right of way is not clear at this time. A title search is necessary in order to determine this. It may be that the schools would have ownership of the "entire" right of way, thereby allowing relocation of the walkway/bikeway easement reservation to meet their needs, subject to City concurrence. Landscaping would be subject to City approval so as to not conflict with underground and overhead utilities. Existing street lighting costs within the abandoned right of way would no longer be assumed by the City. Arrangements would need to be made with PG & E by the applicant to continue this lighting. Resolution No. 5478 (1984 Series) requires any abandonment conditions to be met within one (1) year of its adoption or the expiration of an approved project or subdivision map which incorporates the abandonment. The final abandonment resolution, therefore, contains wording to this effect. Mill Street Abandonment Meeting of October 6, 1992 Page Three The required notices and posting have been completed as prescribed in the Resolution of Intention and the Council must now receive any public testimony and then decide whether to approve or deny the abandonment. Responses have yet to be received from the utility companies, although opposition to the abandonment is not expected, subject to reservation of the public utility easement. This abandonment is categorically exempt from environmental review per City Environmental Guidelines and the California Environmental Quality Act (CEQA) , Section 15301. ALTERNATIVES: Option 1: Adopt resolution finding and determining that Mill Street, between Nipomo Street and Broad Street, is not necessary for present or future public street purposes, and abandoning same with reservation of necessary easements for public utilities, sanitary sewer, water and drainage purposes, emergency access, pedestrian and bicycle access, recordation of a standard common driveway easement agreement, installa- tion of standard frontage improvements at each end, and a Certificate of Compliance (lot combination) which combines landlocked lots of record. PLANNING COMMISSION RECOMMENDED ACTION. An advantage would be that the City would not be required to maintain this portion of street, including street lighting costs, but would still have the necessary easements to accommodate utilities, drainage, sewer and water mains, emergency and pedestrian access. option 2: Conduct public hearing and continue action on abandonment until any issues and conditions deemed necessary by the Council are resolved. Option 3: By motion, Deny approval of abandonment if the Council finds that the right of way is necessary for existing or future public street purposes. FISCAL IMPACT: Savings in City street maintenance and lighting costs. CITIZEN PARTICIPATION: This is a hearing to receive public testimony. The public has been informed of this hearing via newspaper advertisement and posting at the site. The Planning Commission recommends abandonment, as discussed in the September 1, 1992 Council Agenda Report, which also included a �3 Mill Street Abandonment Meeting of October 6, 1992 Page Four letter from the Mission Gardens Condominium Homeowners Association, opposing the abandonment. Staff met with representatives of the applicant and condominium owners to discuss the various recommended conditions and issues. The Homeowners Association subsequently submitted a letter on September 22 (attached) requesting continuance for 45 days in order to resolve concerns between the parties. If the Council agrees to this, Staff recommends continuance of the public hearing to December 1, 1992 . CONCURRENCES: The Planning Commission recommends this action. The Public Works and Community Development Departments feel that abandonment of this right of way is premature, given the possible changes to the circulation in the downtown area, as part of the proposed "Downtown Plan" . Mill Street is the only "through street" , between Grand Avenue and Nipomo Street on the northerly side of the downtown area. The Fire Department does not oppose the abandonment, subject to reservation of emergency access. RECOMMENDATION: Adopt resolution finding and determining that Mill Street, between Nipomo Street and Broad Street is not necessary for existing or future public street purposes and ordering the abandonment of same, subject to: 1. Reservation of the entire 60 ft. right of way as public utility, sewer, waterline, drainage, emergency and public pedestrian and bicycle easements, as shown in the draft resolution. 2. Recordation of a common driveway easement agreement between the Mission School and Mission Gardens condominiums, and the installation of standard frontage improvements (sidewalk and driveway ramp) and pedestrian and bikeway improvements to the satisfaction of the Public Works and Community Development Directors. 3 . Recordation of any necessary lot combinations to combine landlocked lots, to the satisfaction of the Community Development Director. Mill Street Abandonment Meeting of October 6, 1992 Page Five 4. Completion of Items 2 and 3 within one (1) year from the date of the final abandonment resolution. Otherwise, the final abandonment resolution will expire and be null and void. Attachments: 1 - Draft Resolution of Abandonment 2 - Vicinity Map 3 - Resolution No. 8058 (1992 Series) 4 - Council Agenda Report (September 1, 1992) 5 - Letter from Mission Gardens Homeowners Association (9-22-92) P: \jerry\MillAbn2 .wp Recording requested by . and when recorded mail to: City Clerk City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403-8100 RESOLUTION NO. (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT MILL STREET, BETWEEN NIPOMO STREET AND BROAD STREET, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF PUBLIC UTILITY EASEMENTS AND OTHER CONDITIONS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on October 6, 1992, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that Mill Street, between Nipomo Street and Broad Street, - 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: A. Reservation of an easement for public utilities over the entire 60 ft. wide right of way. B. Reservation of easements for public sanitary sewer and water mains and appurtenances thereto, drainage, emergency access and public pedestrian and bicycle purposes, over the abandoned right of way, as shown on the attached Exhibit "A" . Resolution No. (1992 Series) Page Two. C. Recordation of a 30 ft. wide common driveway easement agreement which provides for common driveway access in perpetuity to parcels formerly served by the right of way, to the satisfaction of the Community Development Director D. Installation of standard frontage improvements (curb, gutter, sidewalk and driveway ramp) along with necessary drainage facilities, along the Broad Street frontage, to the satisfaction of the City Engineer. E. Installation of public drainage, pedestrian, bikeway improvements to the satisfaction of the Public Works and Community Development Directors. F. Recordation of lot line adjustment, via a Certificate of Compliance, which combines any landlocked Lots of record, to the satisfaction of the Community Development Director. G. Items C. through F. must be met within one (1) year of this date. Otherwise, this resolution will expire and will be null and void. SECTION 3 . Upon notification by the City Engineer that the conditions prescribed in section 2 have been met, 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. /-7 Resolution No. (1992 Series) Page Three 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 1992 . MAYOR RON DUNIN ATTEST: CITY CLERK DIANE GLADWELL APPROVED AS T FORM: to e APPRO it dm'nistrative Officer Ci ginee r .. Community' D v lopment Director P:\jerryWUAbn2.wp �V 1 L SEA cH S 7" t. e \off `55� PG � �;�►� c Gr 6P,Ir61 �0 _ M g 60 /t'losf Shy Corner T SZ 2 /G /7 /d o c L _ ;0 Nw Cerner 60 eek ale. Ids 1-4 Legal Description of Mill Street Abandonment �yO That certain portion of Mill Street right of way, 60 feet wide, between the LL prolongation of the westerly line of Broad Street and a line described as follows: Beginning at the northwesterly corner of Block 36 of the Town of San Luis • Obispo as recorded in Bk. A of Maps at Page 1680 recorded on May 1, 1878 in the Office of the San Luis Obispo County Recorder; thence, northerly to the most southerly corner of Tract 5220 as recorded in Book 8 of Maps at Page 60, in the office of the San Luis Obispo County Recorder. Subject to reservation of the following easements: 1. Entire R/W for public utilities, sewer, water and drainage. 2. - NW'ly half of R/W for public pedestrian, bikeway and emergency purposes. 3. NW'ly 30 ft. of the NE'ly 195 ft. for common driveway purposes for ' Tract No. 522. city O� ExtiiBir San Luis OBISPO 5 . SIB-AIVailNeAl � Q.40 . T NiPoMr� .ST 5 � t' 5 R14 coil ., �.. R P r +, . . - - 00, :......... . 07 r = 3 PQJfo a I \' 3 �\ '� N � st PF- 07 O\ ° ..J• F�_ � �P�..� ,Jd°y ry�� Joa• ♦° '�'N.`-lul'. �� � „•''•� ���+,ems ,+°' ,� ,l'" I, wv 1 , t• RESOLUTION NO. 8058 (1992 Series) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF MILL STREET BETWEEN BROAD AND NIPOMO STREETS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It isthe intention of the City of San Luis Obispo to abandon a portion of Mill Street between Broad and Nipomo Streets, as shown on the map marked Exhibit "A", attached hereto and incorporated herein by such reference, pursuant to Section 8300 et. seq. of the Streets and Highways Code, and that the abandonment shall be subject to the following findings, conditions, and code requirements: Findings 1. The portion of right-of-way to be abandoned is not needed for present or future street purposes. 2. The proposed street abandonment is consistent with the Circulation Element of the General Plan. 3. The proposed street abandonment is categorically exempt from environmental review under the City's Environmental Guidelines and the California Environmental Quality Act, Section 15301. Conditions 1. An easement at least 20 feet in width shall be reserved for emergency access, to the approval of the Fire Marshal. 2. An easement shall be reserved for public pedestrian and bicycle access, to the approval of the Community Development Director and City Engineer. 3. An easement shall be reserved over the entire area to be abandoned for existing and future water, sewer, storm drain and public utilities purposes. 4. Applicant shall prepare and submit a common access driveway agreement to the City for approval and recordation which provides access for large delivery vehicles and moving vans I'll R-8058 Council Resolution No. 8058 (1992 Series) Page 3 SECTION 6. The City Engineer shall notify utility companies affected by the proposed abandonments 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 Councilmember Roalman , seconded by Councilmember Rappa , and on the following roll call vote: AYES: Councilmembers Roalman, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 1st day of September , 1992. ayor Ron Dunin ATTEST: �J S am Voges, Ci Clerk Z' `moo N I POMO ST. OF _ U) 1 :•xYA:. T v,F't tf. BROAD ST. - o EXHIBI7C A - g �-�3 CIty o� San LUIS OBISPO MEETING DAT COUNCIL AGENDA REPORT ITEM NUMBER; FROM: Arnold Jonas, Community Development Director PREPARED BY: Greg Smith, Associate Plann� SUBJECT: . Street Abandonment - Consideration of Planning Commission recommendation to abandon a portion of Mill Street between Broad and NipoMo Streets. CAO RECOMT41ENDATION: Pass a resolution of intent to abandon and set a public hearing for October 6, 1992. DISCUSSION: Back round The representatives of the Old Mission schools have requested abandonment of a one-block section of Mill Street, to facilitate their planning for future school or other uses on their parcels , which are currently separated by the street. The segment proposed for abandonment also abuts the Mission Garden Condominiums, a residential development unrelated to the schools. A letter from the homeowners association in opposition to the abandonment is attached. Council action to abandon a street must be taken at a public hearing which has been preceded by adoption of a resolution of intent to abandon. This report outlines issues which were discussed at the Planning Commission hearing, and staff will provide more detailed analysis at the subsequent hearing. Data Summary Address: 600 block, Mill Street Applicant: Old Mission Elementary School, Mission College Prep School Representative: William E. Tickell, Architect Adjacent Zoning: R-3, R-3-H General Plan: Medium Density Residential, Mission Plaza Cultural/Residential area Environmental Status: Categorically exempt from review requirements Project Action Deadline: Not applicable to abandonment requests Site Description The block to be abandoned is improved with sidewalks and paving for approximately one-half its length. Five mature trees are presently located within the right of way, several of which would have to be removed if standard paving and sidewalks were extended. The school and condominiums adjoining the street have driveways with access to the improved portion of the street. The condo driveway appears to be locked most of the time, although is serves as an emergency and large truck delivery access. /-/� Mill St. Abandonment Page 2 EVALUATION The school is considering an expansion of their playing field in the near future, and is also beginning work on a master plan for possible future development on the site. In order to abandon the street, the City must find that it is not needed for present or future public purposes. The following issues were considered at the Commission hearing in evaluating public need: I. I1isto1y and Current Use A similar abandonment request was denied by the Council in 1969. The Council determined that the street improvements might be extended in the future; minutes are attached. There is presently an asphalt trail across the unimproved segment of the right of way, located primarily on the northwest (condo) side of the centerline. The school's existing playing field encroaches into the right of way. 2 Future Circulation and Parkine Needs The street improvements have never accommodated access from Broad to Nipomo Streets, and there would not appear to be any significant benefit to extending the street at the present time. The need for a street extension may increase as the nearby residential neighborhood and the downtown develop in the future. The effects of the Downtown Plan currently being studied may be significant, since the plan proposes using Palm Street to carry increased levels of traffic around the downtown. Mill Street might be needed to accommodate local traffic and parking. If the school property is redeveloped, abandonment of Mill Street might be coordinated with widening of Palm Street, providing property line radiuses, and/or intersection realignments. The intersection geometry resulting from extending Mill Street to Nipomo Street would not be ideal, but it appears that a safe and functional intersection would be feasible. The intersection improvements would result in removal of at least one, and probably several, mature Acacia and Pine trees. 3. Emergency Access There is a fire hydrant and an emergency access gate to the condo project near the end of the paved portion of the street. The emergency access must be maintained with at least a 20-foot paved width, although an access easement would be acceptable to the Fire Department. 4. Pedestrian Access Staff does not have any data on the extent of pedestrian use on the trail in the right of way. It may be appropriate to reserve a pedestrian easement, if abandonment is approved. Mill St. Abandonment ' Page 3 5. Utilities Two sewer mains, a water main, and overhead electrical lines run between Broad and Nipomo in the right of way to be abandoned. Easements would have to be reserved for these facilities, which would limit the types and extent of private development which could occur. 6. Circulation Element Neither the adopted nor the proposed versions of the Circulation Element address this segment of Mill Street. Individual local street extensions are not normally included in general plan studies. 7. Disposition of Abandoned Property If the abandonment proceeds, it appears that the property would be divided equally between owners on either side, and the condo project would pick up half of the street for about 3/4ths of the block. Additionally, easements for existing utilities would take up all but 15 feet of the right of way width. The unencumbered strip would be on the Mission Prep side. The additional property obtained by the condo project would help to bring it into conformity with current density standards, but would not allow construction of additional units. Strict application of the zoning regulations would prohibit the condo project from selling their share of the abandoned right of way to the school: once additional property was obtained, to dispose of it would be to increase the degree of nonconformity. PLANNING COMMISSION ACTION The attached draft resolution reflects conditions of approval recommended by the Commission; minutes of the Commission's July 15 hearing are also attached. The Commission concluded that the right of way in question was not needed for public purposes, and recommends abandonment subject to reservation of various public and private easements. OTEOER DEPARTMENT COMMENTS The City Engineer might support abandonment, if easements are reserved, and if sidewalks, driveway ramps, and curbs are provided to City standards at both ends of the abandoned section. The Fire Department staff would not object to abandonment, if emergency access is maintained via an easement. FISCAL IMPACT If the right of way within the current alignment is not needed for present or future public purposes, its fiscal impact would relate only to its potential value as a trade-off for necessary right of way located elsewhere on adjoining parcels. Staff has not attempted to calculate that potential value. �'A6 Mill St. Abandonment Page 4 ALTERNATIVES The council may find that the right of way is needed for present or future public purposes, and decide not to adopt the resolution of intention to abandon, without providing a public hearing. The Council can also continue action on the resolution of intention to abandon, with specific direction to staff and the affected property owners regarding additional information required. RECOND4ENDATION Staff recommends the Council adopt the attached draft resolution, setting a public hearing to consider abandonment of Mill Street between Broad and Nipomo Streets, subject to conditions recommended by the Planning Commission. Attachments: Draft Resolution of Intention to Abandon Vicinity Map Letter Opposing Abandonment (Mission Garden Homeowners Association) Planning Commission Minutes (7/15/92) Previous CC Minutes (8/4/69) Memos - Fire Department, City Engineer gtsL:MILLSTCC.wp RESOLUTION NO. (1992 Series) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF MILL STREET BETWEEN BROAD AND NIPOMO STREETS BE IT RESOLVED by the.. Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon a portion of Mill Street between Broad and Nipomo Stredts•, as shown on the map marked Exhibit "A" , attached hereto and incorporated herein by such reference, pursuant to Section 8300 et. seq. of the Streets and Highways Code, and that the abandonment shall be subject to the following findings, conditions, and. code requirements: Findings 1. The portion of right-of-way to be abandoned is not needed for present or future street purposes. 2. The proposed street abandonment is consistent with the Circulation Element of the General Plan. 3. The proposed street abandonment is categorically exempt from environmental review under the' City-'s Environmental Guidelines and the California Environmental Quality Act, Section 15301. conditions 1. An easement. at least 20 feet in width shall be reserved for emergency access, to the approval of the Fire Marshal. 2 . An easement shall be reserved for public pedestrian and bicycle access, to the approval of the Community Development Director and City Engineer. 3 . An easement shall be reserved over the entire area to be abandoned for existing and future water, sewer, storm drain and public utilities purposes. 4. Applicant shall prepare and submit a common access driveway agreement to the City for approval and recordation which provides access for large delivery vehicles and moving vans Council Resolution No. (1992 Series) Page 2 to 570 Peach Street. The agreement shall be - to the approval of the City Engineer. and affected property owners. 5. The applicant shall construct cutPreet gutter, sidewalk and driveway ramps at the Nipomo and Brad Street intersections (including necessary transitions from back of driveway ramp toexisting grades) , in accordance with city Standards, to the approval of the Cty Engineer. 6. Applicant shall construct a drainage way to conduct surface run-off to Nipomo Street, to the approval of the City Engineer. SECTION 2. Copies of the map showing the particulars of the proposed abandonments are also on file in the office of the City Clerk, at 990 Palm Street. SECTION 3. Tuesday, October 6, 1992, 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 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 abandonments, in the Telegram-Tribune, a newspaper published and circulated in this city. SECTION S. The City Engineer shall post at least three (3) notices of the proposed abandonments in prominent locations near the portion of the street 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. Council Resolution No. (1992 Series) Page 3 SECTION 6. The City Engineer shall notify utility companies affected by the proposed abandonments 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 seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of , 1992. Mayor Ron Dunin ATTEST: ' Pam Voges, City Clerk Council Resolution No. (1992 Series) Page 4 APPROVED: City Administrative Officer Ci torney Community Deve op' ent Director Public Works Director Attachment: Exhibit A, Street Abandonment Map N I P O MO ST. cn 71 r r� m BROAD ST. V / did R �- ::::.... 3 , A SLI _ 0 1 T1..• Y.r•• •J 'I •� l� \\ Y J is s M: • p 00 ell yN-ti40 did ♦ p®H .,,,d'�•AY 'O I �•f'� lam. � .• +\ Y — 004• .Qp,�AY 4 ra.f� \� •' HPD ' f _ PF H O '•� °} �Jai�♦.+`w''•°�y�� �t ,o Y• ` 9�`—Lula .e�. \ ~'fes+� • �� '• 1 s ��. Iddill II, . •JxeeV 01 LO 9 ddddl MISSION GARDENS HOMEOWNERS ASSOCIATION 1333 Johnson Avenue San Luis Obispo, CA 93401 August 1, 1992 RECEIVED AUG 0 3M2 CITY of SAN Huls OBISPO couwuNaY oevELorwNT San Luis Obispo City Council 990 Palm Street San Luis Obispo, CA 93401 Re: Abandonment of Mill Street between . Broad and Nipomo Streets Dear Councilmembers: With respect to the above matter, Mission Gardens Homeowner's Association has the following concerns: 1. Although Mission Gardens, being an adjacent property owner, is directly concerned with the proposed abandonment of Mill Street, ten days' notice by mail was not given to the Association of the July 15, 19921, Planning Commission hearing. Therefore, the association did not have adequate time to investigate the ramifications of the proposal, much less to debate and reach a consensus of the homeowners. . 2. Our understanding is that the proposal is that the abandoned property would be divided equally between the owners on either side (Mission School and. Mission Gardens) . The prep school has already fenced. off half of .the unimproved roadway for their. football field. Therefore, the present footpath is on Mission Gardens' half of the roadway. It appears that the proposal is that space for the footpath be taken equally from the school and Mission Gardens, which would require the school to give up ground and move its existing fence to accommodate the footpath. s. 3 . If, in the alternative, the proposal for the footpath is to extend the Mission Gardens sidewalk straight through to Nipomo, this would require the removal of five mature trees (four Canary Island pines and one acacia) . Needless to say, the Association is strongly opposed to any plan which would require the removal of its trees. 3. Regarding the pedestrian access, what are the liability issues of public use of privately owned land? 4. What would be the tax consequences of Mission Gardens' fifteen foot utility easement? 5. Where will the emergency twenty foot emergency access be placed? 6. How wide must the pedestrian access (from Nipomo to Broad) be? 7. Who is going to pay for the sidewalks, gutters and other improvements to be required as a condition for the abandonment? A preliminary look at the proposed abandonment indicates that it has the potential of significant economic impact on the Mission Gardens homeowners. Further, in conversations with the Planning Department, I was advised that the City plans to make Palm Street a major thoroughfare (and possibly a one-way street) to carry traffic through the city. If this is indeed -..contemplated, it seems that dead-ending Mill at Broad Street (particularly in light of the fact that Broad itself is not a "through" street to the south) is ill- advised, premature and may be cutting off the City's future traffic planning options. Given the above, the present position of the Association is to oppose the proposed abandonment in favor of maintaining the status quo. Very truly , / ours u udy Ramp President Mission Gardens Homeowners Association ter"' O� NIPOMO ST. s . 71 R BROAD ST. P.C. Minutes . July 15 ,• 1992 Page 9 Commr. Williams said she agreed with Commr. Hoffman that it is hard�.to' cut up free-standing buildings . She felt some.. - flexibility was needed in the ordinance. _Commr. Karleskint asked staff to consider special . treatment. of . free=standing buildings and to come back to the Commission with a recommendation. Arnold Jonas said that. th3 special considerations the Commission is considering are opposi a from the Commission' s desire to simply regulations and mace them easier to administer.He said by dealing with uses separat ly would complicate the Zoning Ordinance. Cominr• Settle agreed with Mr. Jonas . Commr. Cross said he coul support allowing 4 , 000 square feet for auto parts sales in the C N zone, with a limitation of 20 percent of the total square footage in Footnote 14 . Commr. Hoffman said one interpretation of the Commission ' s denial to add allowed uses could be that property owners should seek zoning changes . Arnold Jonas said by adding uses , in effect the Commission is rezoning the parcel . Commr. - Hoffman said he agreed with Commr. Settle about waiting until the General Plan is finished' to make• a decision. Arnold Jonas said that• t a Commission could reconsider auto parts use when it consider s . "s reamlining" revisions to the zoning ordinance. Commr. Cross felt that st ff should analyze allowing retail auto sales to be limited to 4 , 000 square feet with different total floor area restrictions in the C-N zone. Item 4 . Abandonment ARAN 111-92. A request fo abandon a portion of Mill Street, southwest of Broad Street , 600 Block of Mill Street , R-3 zone; Old Mission Elementary School , applicant . _. • ----------------------------------------------------------------- Greg Smith presented the staff report and said that because the downtown plan was not completed, staff' s main concern was that the abandonment might be needed for future circulation needs, including a. possible need to use the street for parking. He recommended the Commission determine and recommend to the City Council that it is premature to abandon this section of Mill Street at this time. He advised if the Commission approved the /-A7 P.C. Minutes July 15 , 1992 Page 10 abandonment , easements for existing utilities and emergency access to the school property and the condominiums should be required. .;Transwer to a question by Commr. Cross , Greg Smith said Mission Gardens Condominiums had a variance for a zero setback on Hill Street . He said when and if Palm Street is widened, it would _ probably occur at the intersection of Palm and Nipomo Streets , " and if. the redevelopment of the school property involved demolition of buildings , Palm Street could be widened. J . Chairman Karleskint opened the public hearing. William Earl Tickell , 3233 Davis Canyon Road, applicant ' s representative and architect , gave a brief history of Mission College Preparatory (MCP) ; built in 1925 . He felt the building had historical significance . He said the building is constructed to fire safety standards and has re-inforced concrete hallways , and it is being determined if it is . practical to retrofit the building to comply with state un-reinforced masonry standards . He said the abandonment of the street is being requested at this time so that a master plan for the site can be prepared that brings the campuses of MCP and Old Mission Elementary School .together, and to increase the size of the football field from 110 yards to 160 yards to accommodate an 11-player football team. In answer to a question by Commr. Cross , Mr. Ti.ckell said the applicant would be agreeable to providing space for foot traffic . on the abandoned street . He said there. have been discussions about a parking structure on Mill Street behind Mission College Prep. Jean Light , 570 Peach Street , Mission Gardens Condominiums, asked that the Commission deny the. request for street abandonment because of foot traffic, parking currently available on the street when school . is not in session, and access to a gate to the condominiums . Hank Mott, 128 Felmar, said the Commission should consider that It is unrealistic that the city would ever want to construct a major road between two schools . He explained that the applicant did not want to develop on property belonging to Mission Gardens Condominiums . He said residents of the condominiums could park —A n the parking structure when school is not in session and moving vans would still be able to use the gate because the Fire Department is requiring fire truck access from the abandoned street . John Perridin, Chatsworth, California, owner of a condominium unit, asked what would happen if the retrofitting for earthquake safety was determined not to be practical for MCP. He asked if a school could then be bu.ilt on the abandoned street . J-028' P.C. Minutes July 15 , 1992 Page 11 Connie Campanelli , 570 Peach Street , said the situation is amicable now and parking is available after school hours . She said the city should not consider Mill Street as a thoroughfare, but expressed concern that if a new school was built , adequate , , ..access might not be available to the condominiums . George Moylan, 2684 Johnson Avenue, said his children have attended Old Mission Elementary and MCP. He said he supported the abandonment because it would unrealistic for the city to consider improvements to the street , especially with a zero lot line on the condominium side. He felt a physical link was needed. for the two schools. Marshall Ochylski , 75 Higuera , said his two children attend :'.t. Mission School . He said concern about a conflict with the circulation plan for downtown had been mentioned two years ago when a stop sign was put on the corner of Palm and Broad Streets . He said the stop sign has not interfered with circulation. He said public works staff is not objecting to the abandonment . He said the central issue for the Commission to consider is the probability of the city improving the street . He said the condominiums would receive an extra 15 feet . He said the access off of Mill Street to the condominiums was provided for emergency access , and emergency access would still be required to be maintained. Connie Campanelli , 470 Peach Street , asked why. the Public Works Department was supporting the abandonment . Commr. Karleskint explained the Department of Public Works did not object to the abandonment , providing four conditions were met. Connie Campanelli said the back gates were not originally provided to prevent traffic from going through the condominium development at high speed. ' Gloria Perridin., 570 Peach, Unit 14 , said it was unfortunate that the church (IDC) sold the property in the mid 70 ' s to Mr. Volny to construct the . condominiums, but people purchased the units with the understanding that the street would remain as it is : She said there is not sufficient parking for tenants at the condominiums , and Mill Street is used for parking by tenants after school hours. She asked where the emergency access would be. She said if the emergency access remained on Mill Street , she had calculated the school would only be gaining about 15 feet . Marshall Ochylski said that the 20-foot access required by the Fire Department needs to be an all weather surface, but it does . not need to be asphalt or concrete. He said the landscaped P.C. Minutes July 15, 1992 Page 12 emergency access at the County Government Center is an example of what could be done. He said he believed the condominiums would 'be getting a 30-foot setback from the abandonment . William Tickell explained that if it is not practical to retrofit the building to comply with Stateearthquake safety, he believed a new building would be built and access to the condominiums would be maintained. In answer to a question by Commr. Cross , Mr. Tickell said the football field would be extended about 30 feet into the area of abandonment . Commr. Cross asked if MCP would be willing to trade the abandonment for a turn lane on Palm Street. William Tickell said that could be discussed when improvement plans are submitted. He said the applicant would consider that request . In answer to a question by Commr. Hoffman , Greg Smith said the Fire Department normally requires a concrete or paved access 20 feet wide . He said it is up to the Fire Department if it Mould accept turf block . He said staff is concerned that turf block sometimes cannot support the weight of emergency vehicles . He said the Fire Department ' s memo required maintenance of the existing emergency access . Mr. -Tickell explained that in his discussions with the Fire Department , the concern was that access through the condominium parking lot to Broad Street remain so. that fire trucks would not have to turn around on Mill Street . Connie Campanelli , 570 Peach Street , explained that there is no parking on Peach Street on the side. adjacentto. the creek. She said much of the parking on Broad Street is used. by people who work downtown . She expressed concern about the construction of a new school and a physical connection between the. two schools . John Perridin, asked where the main emergency fire access to the school would be if the street is abandoned. He said the.,' Fire Department would want access to the school from Mill Street . John Mulheart , 311 Twinridge Drive, said the 1969 City Council Resolution states that Mill Street is to remain closed as long as the school is used for school purposes. He said improvements to the abandonment would make it more visually appealing. He added that MCP is considering using some or all of the classrooms of Old Mission Elementary School , and a. connected campus would be needed. He said an abandonment was needed for plans to be drawn.. Chairman Karleskint closed the public hearing. P.C. Minutes July 15 , 1992 Page 13 Irr answer to a question by Commr. Settle, Greg Smith explained : ' : that° there is latitude allowed for walkways open to the public on a right of way, but limited potential for temporary private improvements . Cindy Clemens advised against allowing a pedestrian walkway between the two schools without an abandonment because of liability. She said children could get hurt and the city would be risking a lawsuit : Commr. Cross said he would like to see a plan before granting an abandonment , but that he understood the school ' s financial considerations . He said he did not believe the city would ever want to make Mill Street a through street . He suggested the possibility of trading the abandonment for a turn lane on Palm Street . Commr. Williams said she believed that the city would not want Mill Street to become a thoroughfare, but she expressed concern that a condominium project was approved without adequate parking. She said she would like to see a parking agreement between MCP and the tenants of the condominiums. Commr. Settle moved to recommend to the City Council that it consider the abandonment with a recommendation by staff for a condition requiring parking needs for both parties be achieved by an agreement between the school and the condominiums , the emergency access be ensured, that pedestrian access be clarified, that utility right of way be retained, and with the elimination of City liability. Cindy Clemens suggested a finding be included that this section of Mill Street is not needed for present or future public purposes . Commr. Settle added that finding to the motion adding that by ' . present or future public purposes he meant that Mill Street will not become a thoroughfare connecting Broad, . and Nipomo Streets . Commr. Cross seconded the motion for discussion. Commr. Settle felt the City Council needed to consider what the future of Mill Street is expected to be. Commr. Cross suggested a condition stating that MCP would grant an easement on Palm Street for a turn lane. Commr. Settle explained that when a building plan is submitted by HCP, staff and the City Council can ask for modifications and dedications to be made for traffic safety purposes . He believed that would be the appropriate time to address a dedication for a turn lane on Palm Street . 1-31 P.C. Minutes July 15 ; 1992 Page 14 Commr. Hoffman agreed with the motion except for the parking. He said the condominium project met parking requirements when it was built'. He said street parking is not counted when parking is allocated for building projects . He was opposed to a parking condition for the street abandonment. Commr-. Settle. suggested amending his motion to state that the consideration of a parking condition be worked out by staff , the City Council and the applicant . Commr. Hoffman felt the major issue was whether or not the City intends to utilize the -site as an improved street in the future, and if not , it should be abandoned. He said he was not concerned about a parking condition, but only that an easement for utilities and fire access be maintained. Commr. Settle asked if the Commission would be agreeable to a parking condition for moving vans to have access to the condominiums. Commr. Hoffman felt it would be reasonable for the emergency access to be used for other purposes, such as use by moving vans . Commr. Settle amended his motion to state that parking needs include emergency access, utility, and large vehicle access . Commr. -Cross agreed to the amended motion . Commr. Settle restated his motion as a recommendation by the Planning Commission to the City Council that it' consider upholding the abandonment request with a condition ensuring that parking needs for emergency access, utility, and large vehicle access ; that pedestrian access be planned; utility easements be preserved in response to Item 6; and that concerns of the Fire Department and the Department of Public Works be considered. Commr. Crossagreed with the restated motion. VOTING; AYES - _ Commrs. Settle, Cross , Hoffman, Williams , and Karleskint . NOES - None. ABSENT - Commr. Peterson. The motion passed. COMMENT AND DISCUSSION Chairman Karieskint said that the city has a list of 10 people who applied for a position as a Commissioner the last time there was a vacancy, andtwo new ap lications have been submitted. He asked for direction from the ommission on pursuing an immediate replacement . He said Council an Roalman questioned if the �-3a2 City Council Minutes August a, 1969 Page 3 install the larger services so that he can verify the cost needed to reimburse the Maino Construction Company for the excess capacity. T. C. Maino, representing Maino Construction Company, stated his firm only needed sever and Water lines to the end of his property and he felt that once these lines Were on his property it was up to him to develop it any ray he Wished. He did not feel there tins any need for larger pipes to serve the•area. But if the City felt these larger pipes Were necessary, the City should pay for them and the extra cost of installation to meet City standards. L. Schlobohm stated that the size and the extension of the Water main as recommend ed are needed for adequate fire protection to serve this property and for proposed future development in this area. D. F. Romero presented a sketch sharing What Was being proposed for this property an7 the Way it Was to be served With Water and sewer. T. C. Maino stated it was his intention to install a proper fire hydrant where the ter main entered his property. Mayor Schwartz stated that the following points could be considered by the Council 1. The sever line to be increased from 6" to 8" line from the end of Faultless Road to the CuZn property. 2. Increase the water line from 8" to 12" from Faultless Road to the CuZa property. 3. Extend the water line from Sub=ban Road. Councilman M!ller suggested that a Council committee be appointed to meet with RM-3 Construction Company and others interested in the general area to deter- mine the best solution for future development. On motion of Councilman Miller, seconded by Councilman Graham, that the City requite a 120 water main from 'Faultless Road to 'juburban Road, with the City, to make up the difference between 80 line and 120 line; that the City require an 80 sever line to be extended to the CuZn property, With the City to pay the'difference between a 60 and 80 line with conetnution to City standards and With recom:andad easements for the sever and water lines. Motion carried. 6. At this time the City Council held a public hearing oar Resolution Yo. 19$7, a resolution of intention to Abandon a Portion of Mill Street. Mayor Schwartz declared the public hearing open. 1 P. Andre, Attorney representing the Catholic Bishop of Monterey, urged that the yy �ouimil abandon the City's interest in Mill Street between Broad and Nipomo ' Streets. He again explained the various transactions between the City and the Catholic Church and school in the general area of Mill Street, in Which documents were exchanged which he felt indicated the intention of the City to ahaadon Mill St. Ho then read letters from Mr. Leguina, Mr. Williams, and Mr. Hall which stated it . was their understanding that it was the intention of the City to close Mill Street for use by the Catholic Church and school and for the basebmill team. He stated that in addition to the above legal documentation he felt that the safety of the young people attending both units of the Catholic school Who must cross Mill Street should, be considered. He again urged that the Council abandon the street subject to utility easements such as sever, water, gas and electrical. Dr. Tedone urged the City Council to abandon Mill Street from Broad to Nipomo as he f t there was really no need for this portion of-Mill for traffic circu- lation as it dead-ended at Nipomo. He also urged that the safety of the children be considered. R. Wood, Attorney, urged the City Council to abandon Mill Street for the safety of UW-c-Hldren who cross between the two school units as he felt there was no traf- fic advantage to the City. He further stated it was his opinion that many of the neighbors hoped Mill.Street would be abandoned so that additional traffic would not be centered in this area. 1-93 City Council Minutes August 4, 1969 Page 4 Mrs. Henryurged abandonylent of Mill Street in the interest of the safety of the c en attending the Catholic Schools. B. Peterson urged the City Council to abandon Mill Street as he felt that open— ing of the street would hurt attendance at the schools. A. Vola , developer, stated that if Mill Street were abandoned a portion of the street would be acquired by him and then he could build an apartment development to the existing property line on 1911 and not be bothered by the street set back lines on the street, which would allow him to have a better use of the land and have a higher density on his property. He also felt that the opening of the street would be a detriment to the students of the Catholic schools as it would expose them to high speed traffic while crossing the street between the two schools. Father Stei er, Pastor of the Old Mission Church, urged the City Council to abandonStreet in view of the safety of the children attending the two schools which he felt would far outweigh any advantages for opening the street for traffic circulation. No one appeared before the Council opposing the abandonment of Mill Street. Ma rSchwar�tz declared the public hearing closed and limited discussica to Gouncid staff. Councilman Miller stated that he was opposed to the abandonment of I+Sl] Street as he felt that someday in the future, the street would be needed. He felt that the street should be left as it is, closed to traffic but not abandoned by the City. Coancamaa Graham asked what happened to land that is abandoned by the City, specific-ally a street. Mayor Schwartz explained that after normal abandonment proceedings have taken places the property is arbitrarily divided between the adjacent property owners which is acquired at no cost to theme Councilman Blake stated he felt that the street should remain-closed but not abandoned. Ha stated he would consider an agreement that would keep Mill Street closed as long as the Catholic Church operates a school there. As far as the Valry problem was concerned, he felt the Council could grant him a variance to allow him to build to the property line on Mill Street, Councilman Spring stated he was in favor of abandoning Mill Street. Mayor Schwartz felt that the street should not be abandoned but agreed that the street could closed as long as the school is in operation, but he felt that-if sometime in the future the school were to close or develop elsewhere in the City, the City may need this street for future growth. He asked the City Attorney if it was possible for the City to enterinto such an agreement to close Mal. Street and still retain.the right for public access. H. Johnson, City Attorney, answered as follawss There are definite limitations upon a ability of a City Council to enter into an agreement with any person or entity whereby a street would be closed far an indefinite period of time, especially where such agreement purports to bind succeeding Councils. However, where there is a bone .fide dispute over the legal status of the property, a court approved stipulation could coec6ivab3y result in.a judgement preserving the status quo. He also explained to the Council what conditions they must follow in order to abandon or vacate a dedicated street. P. Andre stated he was sure that the City Council could enter into an agreement with tieproperty owners to keep Mill St. closed but not abandon the City's interest. Mayor Schwartz stated that it was his feeling that the people present did not want the street opened but wished it to stay closed as long as the street separ— ates the two units of the Catholic School. City Council Minutes August 4, 1969 Page Councilman Blake stated that he would like to keep Mill Street closed but-still in the pug=omain and.hoped an agreement could be entered into between the City and the Catholic school and also to allow Volny a variance to build his building to the property line on Mill Street. Councilman Nailer agreed that the street should remain closed but the City should retain is rights to the street. On motion of Councilman Blake seconded by Ma Schwartz, that the City Council finds that at t s e abandonment of treat is not warranted, that the street is to remain closed as long as the Catholic school is used for school purposes, that the property owners of lots 8, 9, -10, 110 120 13, 14 & 15 be granted zero feet set back along Mill Street and the decisions to take advantage of this offer is not to be used as an argument for later abandonment of that portion of YAM Street. Motion carried. 6A. At this time the City Council considered the final passage of Ordinance No. 454 an ordinance amending the Official Zone Map of the City of San Luis b po. To rezone from R-4 to R-0 that property known as 651, 663, 671 Pacific Street and 1306 and 1320 Nipomo Street.) On motion of Councilman Blake, seconded by Mayor Schwartz, the following Ordinance was introduce or TiRr passage. Ordinance No. 454, an ordinance amending the Official Zone Map of the City of San LuJi ObNpo. o rezone from R-4 to R-0 that property known as 651, 6639 671 PacliCic Street and 1305 and 1320 Nipomo St.) Finally passed on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Kenneth E. Schwartz NOESs Arthur F. Spring ABSENT: None 6Be At this time the City Council considered the Sinal passage of Ordinance 170.455, amending the Official Zone Map of the City of San Luis Obispo. (To rezone from R+1 to R-0 that property known as the rear of 3000 Augusta Street.) On motion of Councilman Graham, seconded by Councilman Spring, Ordinaaee No. 155 was finally passed on the followingroll call vote: AYES: . Ezmons Blake, Myron Graham, Arthur F. Springs Donald Q. Miller, Kenneth E. Schwartz NCESs None ABSENT: None 6C. At this time the City Council considered the final passage of Ordinance No.4 6 an ordinance.amending the Official Zoos Map of the City of San Luis bispo: to rezone from R-1 to R-2 that property known as the rear portion of 2549 Broad St.) On motion of Councilman Blake, seconded by Councilman Graham, the following • ardinaaee was ntrc or final passage. Ordinance No. an ordinance amending the Official Z= May of the City of po. (To rezone from R-1 to R-2 that property known as the rear portion of 2549.Broad Street) Finally passed on the following roll call votes AYES: Emmons Blake, Myron Graham, Arthur Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSUT: None 6E. At this time the City Council considered the final passage of Ordinance No.1158., an ordinance amending the Official Zone Map of the City of San Luis po. (T; - rezone from R-1 to PD R-2 that property known as 3.650 Los Osos Road.) M. Dixon 1475 Garcia Drive, appeared before the City Council urging that the reconsider their action and-rescind the zoning change of Ordinance 458. He stated that he felt the rezoning would only lead to other requests for higher zoning on adjacent vacant land owned by the same owner. He continued that the land rezoned by this ordinance represented, in his opinion, a spot zoning to benefit ore property owner.to the detriment of adjacent property owners. /-3S P U B L I C W 0 R K S D E P T. E N G I N E E R I N G D I V I S I O N ***** PLAN REVIEW ***** ** Location: 761 BROAD, OLD MISSION SCHOOL, ST. ABANDONMENT, PLANNING FILE # * Plan Chk: 06/29/92 (///— fZ) The Public works Department will support abandonment of the proposed portion of Mill St. , subject to the following: 1. The entire R/W is to be reserved as an easement for existing and future water, sewer, storm drain and public utilities purposes. 2. Curb, gutter, sidewalk and any desired driveway ramps must be constructed along the Nipomo St. frontage (including necessary transitions from back of DW ramp to existing grades) . 3. City standards curb, gutter, sidewalk and driveway ramps must be constructed along the Broad St. frontage. 4. A drainage way must be constructed to convey surface run-off to Nipomo St. to the satisfaction of the City Engineer. GENERAL COMMENTS Although the request to abandon the street has come from the the Old MIssion School and Mission College Prep, it should be noted that one-half of the street, adjacent to the condominiums, would possibly accrue to the condominium property. Evaluation of the need to retain a "public pedestrian" easement should be considered. �-36 MEMORANDUM TO: Greg Smith;-Department of Community Development, v, FROM: Spencer Meyer, Fire Department SUBJECT: Proposed Mill Street Abandonment (Between Broad and Nipomo Street) DATE: June 29, 1992 Access: Required fire access must be must be maintained (may not be comprised). Uniform Fire Code 10.207(b) requires a minimum access width of 20 feet and a minimum 13.5 feet of vertical clearance. Hydrant Location: Access and maintenance of the on-site fire hydrant shall be per Uniform Fire Code (shall not be comprised). cc: Jerry Kenny, Engineering Department Bill Hetland, Public Utilities Department . John Madden, Fire Department 3r A. on Gardens Homeowner A xi. n Pme 9#6 San Luis Obispo, Calflomia 93401 September 22 , 1992 Planning Commission City of San Luis Obispo Attention: Greg Smith RE: Abandonment of Mill Street The Mission Gardens Homeowners Association wishes to convey to you the following: 1 . They are in favor of the proposed abandonment of Mill Street , because they are adamantly opposed to the construction of a street extending Mill through to Nipomo . . 2 . They wish the issue of consideration of this item by the City Council to be put off for 45 days , because there are two parties concerned with hoar the abandoned portion of Mill Steet will be used , and the Association does not yet know the details of Mission School ' s plans . Sincerely, athleen Warfiel Agent to the As ciation KW:hs f��V