HomeMy WebLinkAbout02/01/1994, 1 - ABANDONMENT OF CLAY STREET, BETWEEN HIGHWAY 101 AND STENNER CREEK. IIIN�INIIu�IIIIIIIII��IuIU MEETING DATE:
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city of san LuIs oBIspo 2-1-94m
COUNCIL AGENDA REPORT ITEM NUMBER:
WMINNNEW It
• FROM: �• � •
Michael McCluskey, Public Works Director
Prepared by: Gerald W. Kenny, Supervising Civil Engineer
SUBJECT:
Abandonment of Clay Street, between Highway 101 and Stenner Creek.
CAO RECOMMENDATION:
Adopt resolution abandoning Clay Street, between Hwy. 101 and
Stenner Creek, subject to reservation of drainage, open space and
public utility easements.
BACKGROUND:
On January 4 , 1994, the City Council adopted Resolution No. 8.256 (1994
Series) , a Resolution of Intention to abandon Clay Street, between Hwy.
101 and Stenner Creek, which set this time and place for a public
hearing to consider the abandonment.
The subject right of way has been used for public sewer, water and
drainage purposes. There are existing specific easements for CalTrans
drainage, City water and sewer mains. A proposed "blanket easement
reservation" (over most of the area) does not affect those easements,
but will cover additional areas subject to existing and future needs.
The Planning Commission recommended the retention of existing easements
for sewer and water mains, creek and drainage maintenance and a
reservation of the "blanket easement" for public utilities and open-
space purposes. Staff recommends that a 10 ft. wide by 55 ft. long
strip be deleted from the easement reservation since the ARC approved
project which included a building encroachment into the abandonment
area.
The Commission also recommended that a title report be submitted to
determine the fee title owner of the underlying right of way. That
process is underway, but is presumed by staff to be the adjacent
northerly property owner: Leo Evans, et al. (See attached Planning
Comm. minutes) Upon conclusion of the abandonment process, title will
pass from the City to the correct adjacent property owner.
Also, the adopted Bicycle Plan shows a bicycle path connection between
the end of Dana St. and the westerly side of the Stenner Creek. To
achieve this connection, the draft resolution also includes this use in
the blanket easement reservation. The use permit approved for the
propsed project (U1506) also includes a requirement to dedicate a
public pedestrian and bicycle easement along the Brizzolara St.
extension.
�'��►�►�uIIIIIIIIIP�►Nu►q���ll city of san Luis oBispo
Hii% COUNCIL AGENDA REPORT
Clay Street Abandonment
Meeting of February 1, 1994
Page Two
As indicated in the attached January 4, 1994 staff report, Clay St. has
no use as a future public street, since Brizzolara Street was
incorporated into Hwy 101 and there is no logical connection to Dana
St. for transportation purposes. Staff continues to recommend the
abandonment of Clay Street.
ALTERNATIVES:
Option 1: Adopt resolution denying abandonment of Clay St. if the
Council determines that this right of way is needed for
public street purposes.
FISCAL IMPACT:
None.
CONCURRENCES:
The Planning Commission recommends the abandonment of Clay St.
(December 15, 1993 meeting) , subject to reservation of the above-
mentioned easements. There was public testimony against the
abandonment at that meeting by one person. (Bernard Rademacher, 298
Del Mar Ct. ) -
The Community Development Director and City Attorney concur with the
recommended action.
Attachments: -
1 - Draft Resolution of Abandonment
2 - Vicinity Map
3 - Resolution No. 8256 (1994 Series)
4 - Planning Commission Minutes excerpts (12-15-93)
G: . . . \Misc\C1ayAban.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. (1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT CLAY STREET, BETWEEN HIGHWAY 101 AND
STENNER CREEK, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC
STREET PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO
RESERVATION OF PUBLIC UTILITY, OPEN SPACE AND DRAINAGE EASEMENTS
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
February 1, 1994, pursuant to Section 8300 et seq. of the
California Streets and Highways Code, this Council finds and
determines that Clay Street, between Highway 101 and Stenner
Creek, 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, sanitary
sewer and water mains, open space, drainage and creek
maintenance (with the right to make improvements) , bicycle path
and incidental purposes, over the entire 40 ft. wide Clay
Street right of way, lying easterly of the Highway 101 right of
way; EXCEPTING the NE'ly 10 ft. of the SE' ly 55 ft. of the
NW'ly 75 ft. , as measured along the northerly line thereof.
1-3
Resolution No. (1994 Series)
Page Two.
SECTION 3. The City Clerk shall cause a certified copy of
this Order of Abandonment, duly attested under the seal of the
City, to be recorded in the Office of the Recorder of the
County of San Luis Obispo.
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
1994.
MAYOR
ATTEST:
CITY CLERK
ROVE AS T ORM:
tt ne
G: . . . \Misc\C1ayAban.wp
Legal Description of Abandonment
That portion of Clay Street shown on the map
filed for record In the Office of the County
z Recorder in Book A at Page 45 of Maps, City of
a San Luis Obispo, County of San Luis Obispo,
State of California, lying easterly of the State
+�• Highway 101.
Easement Reservation:
Easement for public water, sewer, storm drain, b'�ke Path/
I , utilities, open-space, and creek drainage and
tz1 1
2 maintenance with the right to make
improvements, described as follows:
That portion of the above said street. EXCEPT the
northeasterly 10 feet of the southeasterly 55 feet
I '••;` N of the northwesterly 75 feet of said street, as
I `!; measured along the northerly 'ne the,
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(34 oM 50) SCALE: 1" = 40'
illll�n�����lllll��u�ll VIII City or EXHIBIT A
SM 1U1S OBISPO
CLAY STREET ABANDONMENT
Department of Public Works
955 Morro Street, San Luis Obispo, CA 93401 MB 1-94
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VICINITY MAP 400 Q411',7.-,7.(.')I--ARA ST NORTH
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CLAY ST ABANDOti.!1!!�. . .
_ 11
RESOLUTION NO. 8256 (1994 Series)
RESOLUTION OF INTENTION TO ABANDON CLAY STREET RIGHT-OF-WAY,
ADJACENT TO 400 BRIZZOLARA STREET
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 the Clay Street right-of-
way, as shown on the map marked Exhibit'W', attached hereto and incorporated herein by such reference,
pursuant to Section 8300 et. seq. of the Streets and Highways Code.
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.
SECTION3. Tuesday, February 1, 1994, at 7:00 p.m. 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
)bjecting 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.
SECTION 6. The proceeding to be taken will be subject to reservation by the City of public
easements for utilities,creek maintenance, drainage, and open space, and subject to such other conditions
as the Council deems appropriate, including submittal of a title .report by the applicant, prior to final
:ouncil action, clarifying fee ownership of the area underlying the Clay Street right-of-way.
/ 7
R-8256
SECTION 7. The City Engineer shall notify utility companies affected by the proposed
abandonments at least ten (10) days before the date set for public hearing in accordance with the Street:
and Highways Code.
On motion of Council Member Settle , seconded by
Council Member Romero , and on the following
roll call vote:
AYES: Council Member Settle, Romero, Rappa, and Mayor Pinard
NOES: None
ABSENT: Council Member Roalman
the foregoing resolution was passed and adopted this 4th
day of January , 1994.
Peg Pinard, Mayor
ATTEST:
C er D' ne R. dwell
APPROVED:
C ty Acttoriky
• P.C. M notes
Deoem r as, 1883
Page 7
Commr. Cross asked If staff uld look Int deslggating the other side of the-strebt for
parking by permit only, with i he homeown having the required permit y>>'
Cornmr. Senn said It was Ina eryone's Inter st for the City to work with homeowners who
lose pdrldnd due to bicycle I nes.
Commt..KarleskUrt sold that i vaa true, eep gaily because it would be hard to make the
required findings.
Commr. Sigurdson said thety did not have to provide on-street parking, but she agreed
with Commr. Senn that thea problems shc uld be worked out.
Commr. Hoffman geld he glad that Public Works was willing to look at alternstives
and consider the bulb out. He said maybe t io parking spaces could be gained by a bulb
out
VOTING. AYES - C mmrs. Senn, Igurdson, Hoffman, Cross and Karleskint
NOES = N no .
ASSENT - C mmrs. Whittle 3ey and Williams
The mptionpassed.
Commis. Hoffman asked sta to find out w ether or not a concrete parking space In the
,street yard next door to the i pplicant was i legal parking space.
Comme. Senn left the meetin .
Item 4• . Requests to
approve a use permit allowing our dwelling units on three vacant lots at the
southern end of erizzolare Sir t and consideration of abandoning the Clay
ht-0i
Street rlgy; R-1-8 ton ; Leo evans , applicant. '
t A. U I Boa. A equest to allow four dwelling units on a site
adjoining Stenner Cree .
B. Ab donment of the Clay Street right-of-way,
between ana Street a d Highway 101,
Whitney Mcllvalne presented i he staff report and explained that zoning regulations would
normally allow three units on the site with a use petmlt, and up to six dwellings with an
exception. She recommend)d the Comm salon approve the exception to allow four
P.C. Minutes
December 15, 1993
Page 8
dwellings on the site, to allow a common driveway to serve those four dwellings based
on findings and subject to revised conditions which she distributed to the Commission.
Ron Whisenand asked that two separate motions be made because the street
abandonment would be a recommendation to the City Council. He said staff supported
approval of the abandonment.
Commr. Cross said the project would eliminate the possibility for future creek widening
in the area. He said the creek bank would intrude into the buildings.
Wayne Peterson explained the creek widening project included several options from a
vertical wall to a gradual bank of riparian vegetation. He believed it would be possible to
widen the creek using an option between those two options.
Ron Whisenand said the City had not chosen an option for widening the creek, and it was
not Council's desire to widen the creek to the extent mentioned by Commr. Cross.
Wayne Peterson explained that the only creek widening done in the past ten years was
to eliminate tight spots.
Commr. Cross asked if there would be any benefit, such as reduced flooding
downstream, if the creek were widened at this location but not further downstream.
Wayne Peterson said the areas too small. He said there was no financial benefit for the
city to provide flood protection based on cost benefit ratios. He said water retention,
such as a dam, was the only flood protection that came close to providing a cost benefit.
Commr. Cross asked if Caltrans was considering widening Highway 101.
Whitney Mcllvaine said staff had talked with Caltrans about a storm drain on the property
and future sound wall installation. She said she did not believe Caltrans would
a recommend widening Highway 101.
In answer to a question by Commr. Hoffman, Whitney Mcllvaine explained how the slope
ratio was determined. She explained that the creek area could be excluded in
determination of the slope, but the applicant would only be allowed three dwellings
without an exception, regardless of where the creek is included in the slope-density
calculations.
In answer to a question by Commr. Sigurdson, Whitney Mcllvaine explained that condition
1 had been modified and the bicycle plan showed the end of Brizzolara reserved for a
'r bicycle path.
/-/a
P.C. Minutes
December 15, 1993
Page 9
Chairman Karleskint opened the public hearing.
Mark Barlow, Creative Solutions, applicant's representative, said Whitney Mcllvaine's
slope calculations were essentially correct, but that a 4.5 unit density would be allowed
if the Clay Street abandonment was included. He explained that the buildings were all
pulled back from tree canopies and there would be a 45-foot diameter cul-de-sac which
was more than what the Fre Department had requested. He said attempts were made
to negotiate for a through way with the neighbor, but the neighbor needed parking
spaces and he believed a through way was not possible. He explained that the 50 year
creek widening determined by the initial study almost corresponded to the 20-foot setback
and the buildings were pulled back farther than the setback. He said that bedrooms and
bathrooms would be in the rear of the buildings, furthest away from Highway 101.
In answer to a question by Commr. Hoffman, Mr. Barlow said the applicant agreed to
staffs conditions.
Bernard Rademacher, 298 Del Mar Court, said the oldest building in town was on Dana
Street and if the City wanted to protect heritage and build a pathway in the area, Clay
Street could not be abandoned. He expressed concern about the creek because a
concrete wall was in the creek across from this property. He asked the Commission to
deny the abandonment of Clay Street so that a walkway could be built.
In answer to a question by Commr. Sigurdson, Mr.Rademacher said at one.time there
was a bridge over the creek. He said the City should maintain access to the street.
Wayne Peterson said the adobe referenced by Mr. Rademacher was on the other side
of the creek.
Whitney Mcllvaine explained the site on an overhead map. She said the City would
maintain an easement. She explained that a walkway would most likely be located off of
this property where the City already has right-of-way along the creek.
Mr. Barlow said Clay Street was owned by Leo Evans, not the City of San Luis Obispo.
He said the applicant was not building in the Clay Street abandonment area or in the
creek easement. He said the City was not giving up anything.
Ron Whisenand explained that street abandonment did not deed over property the City
owns to a private property, but.eliminated access rights the City might have over privately
owned property.
P.C. Minutes
December 15, 1993
Page 10
Leo Evans, applicant, said he owned the underlying fee for Clay Street and there was no
1 easement. He said Clay Street was offered for dedication in 1887, but the City had never
kr accepted the offer. He did not believe anyone would want to walk on a pathway at this
site.
Chairman Karleskint closed the public hearing.
In answer to a question by Commr. Cross, Whitney Mcllvaine said zoning regulations
required two garage spaces for each of the units, which was being provided. She
explained it was a common driveway and there would not be through traffic.
In answer to a question by Commr. Cross, Ron Whisenand explained there would be one
owner of all four units on the property, just like a duplex or an apartment. He said the
owner might be able to convert the units to condominiums in the future, but that was not
being proposed at this time.
Whitney Mcllvaine explained the parking requirement would be the same for the units
whether they were individually owned or owned by the same person.
Chairman Karleskint reopened the public hearing.
Mr. Barlow said the hammer-head turn-around was wide enough for an additional three
vehicles.
Whitney Mcllvaine said that the ARC had requested on-site parking be reduced to the
current proposed level in order to reduce the among of paving on the site.
Chairman Karleskint closed the public hearing.
Commr. Sigurdson said she might feel differently about the project if it was not next to the
freeway. She said she was confident staff would make sure that there was adequate
pedestrian and bicycle access.
Commr. Sigurdson moved to approve Use Permit U1506 subject to findings and the
revised conditions as submitted by staff.
Commr. Hoffman seconded the motion, Resolution No. 5129-93.
Commr. Cross said the site was difficult to develop and he complimented the applicant
on the design. He believed, however, that in the future, Caltrans would want to widen
Highway 101 and the site would not be livable because of noise impacts. He felt owners
P.C. Minutes
December 15, 1993
Page 11
of property should be fully compensated by government entities that devaluate land and
Caltrans should purchase the site. He said residential use was not appropriate for the
site.
Commrs. Karleskint and Hoffman said Commr. Cross's concern was not within the
purview of the Planning Commission.
Ron Whisenand said the site was zoned for single family residential, as are other areas
near the freeway. He said the Planning Commission could request that land use changes
be studied in areas along the freeway.
VOTING: AYES - Commrs. Sigurdson, Hoffman and Karleskint
NOES - Commr. Cross
ASSENT - Commrs. Whittlesey, Williams and Senn
The motion passed.
Commr. Sigurdson recommended to the City Council to approve the abandonment of the
right-of-way finding that Clay Street is no longer necessary for present or future public
purposes as per staff recommendation at the December 15, 1993 meeting.
Commr. Hoffman seconded the motion.
VOTING: AYES - Commrs. Sigurdson, Hoffman, Cross and Karleskint
a NOES - None
ABSENT - Commrs. Whittlesey, Williams and Senn
The motion passed.
COMMENT AND DISCUSSION
..a
Ron Whisenand presented an agenda forecast which included a use permit for Temple
New Shalom, an appeal of a hearing officer action to modify conditions relating to
approval of a hot dog cart in Mission Plaza, an appeal.of a hearing officer action denying
a setback exception for a satellite dish, and a Zoning Regulation text amendment at the
December 29, 1993 meeting. He said the Land Use Element would be discussed on
January 5, 1994, and discussion of a Public Works plan line for Orcutt road was
tentatively scheduledfJanuary 12, 1994.
He said the Commission could expect to see the Dalidio proposal in a few months.
/-13