HomeMy WebLinkAbout06/21/1994, C-7 - REQUEST FOR SIDEWALK WIDTH REDUCTION AT 770 SERRANO DRIVE. I'lll^I�IIII�III�I^III II IIIIIII MEETING DATE:
II II IA CiVJ of san tuts ogIspo June 21 1994
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: �„ti,�
Michael D. McCluskey, Public Works Director
PREPARED BY:
Gerald W. Kenny, Supervising Civil Engineer,
//;11�
SUBJECT:
Request for sidewalk width reduction at 770 Serrano Drive.
CAO RECOMMENDATION:
Adopt resolution approving a temporary sidewalk width reduction from 6 ft. to 4.5 ft. for a
portion of the frontage of 770 Serrano Drive.
DISCUSSION:
A condition of approval of a recent minor (3 parcel) subdivision at 770 Serrano Drive (1 parcel was
split into 3 parcels) was to install standard 6 ft. wide sidewalks where no sidewalk existed and to
widen an existing non-standard 3 ft. wide sidewalk to 6 ft. in front of the existing residence. These
conditions were "bonded" (Certificate of Deposit) under an agreement which required construction
within 18 months or when building permits were issued for each of the parcels, whichever came first.
The agreement expires on December 15, 1994. (See attachment # 6) Although the building permit
was obtained first, no construction of sidewalk at 770 Serrano Dr. has taken place, although it has
been completed on 730 Serrano Dr. The subdividers were Tim and Susan Forden, but the property
was sold to Mark Alonzo, Ted Herzog, et al, who posted the surety.
In 1972, the City Council, by motion, approved a reduced "street width" adjacent to the eucalyptus
trees, westerly of this site, but still required 6 ft. wide sidewalks. The 3 ft. wide sidewalk section
being considered in this report was allowed to remain until the property was sold or developed, at
which time the sidewalk was to be widened to 6 feet. (See attached CC Minutes dated 10-2-72)
A building permit was recently issued on Parcel 2 (770 Serrano Dr.) for a new garage (at the rear
of the existing residence) which included a new driveway and ramp. Although a condition of the
subdivision approval, the sidewalk widening wasn't done. The owners pledged to include that work
with the construction of the adjacent sidewalk to be installed in conjunction with a new residence
they were constructing at 730 Serrano Drive on Parcel 1. That residence is now complete and the
new sidewalk was installed in front of that parcel. However, contrary to their pledge, the sidewalk
in front of 770 Serrano Drive has not been constructed.
About a month ago, the owners asked staff to allow a sidewalk width reduction to 4.5 feet in front
of a portion of 770 Serrano Drive to preserve as much of the vegetative screening as possible for the
building,particularly because the existing"non-conforming"bedroom is only 2 ft from the street right
of way and thus 4 ft. from the back of a. 6 ft. sidewalk. Public Works staff denied the request
because City standards require 6 ft. minimum width for integral sidewalks. The 6 ft. standard allows
2 persons to walk side by side, poles, signs, fire hydrants, etc., while maintaining the State minimum
ADA width. Staff told the owners they must file a request to the City Council for a reduction in City
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��ui►��IIII[Q��I ������ city of San Luis OBISp0
Nis COUNCIL AGENDA REPORT
Sidewalk Width Appeal (770 Serrano Dr.)
Meeting of June 21, 1994
Page Two
standards and particularly because of the above-mentioned City Council decision in 1972. The
request for an exception was received on June 3rd. (Attachment # 3)
A petition has been received indicating that neighbors support the request at this address. (See
attachment # 4) Staff feels that a "temporary" postponement of the full 6 ft. wide sidewalk is
acceptable in front of the non-conforming bedroom. All remaining frontage would receive the full
City standard. The existing recorded covenant provides staff the flexibility to require the full width
sidewalk in the future. Installing the requested 4.5 ft wide sidewalk will require removal of 3 trees
in front of the bedroom. Four additional trees,westerly of the bedroom,will be removed to provide
for the full' 6 ft. wide sidewalk. Despite removal of the three trees in front of the bedroom, a
"hedge" consisting of several pittosporum trees (bushes) will remain as a screen.
The owners have stated they will install the sidewalk widening immediately upon receiving the
Council's decision. The subdivision agreement and surety ($1,000 Certificate of Deposit), along with
a recorded "covenant" to install a 6 ft wide sidewalk upon 30 days notice by the City Engineer still
guarantees its installation. Staff would support a temporary 4.5 ft. sidewlk.
CONCURRENCES:
The Community Development Director and City Attorney concur with the recommended action.
FISCAL IMPACT: None.
ALTERNATIVES:
OPTION 1: Approve a permanent exception to City standards to allow a 4.5 ft wide sidewalk
for 770 Serrano Drive.
OPTION 2: Deny an exception to City standards to allow a 4.5 ft. wide sidewalk.
Attachments:
1 - Draft resolution approving sidewalk exception
2 - Draft resolution denying sidewalk exception
3 - Letter to M. McCluskey w/ attachments (6-3-94)
4 - Petition from neighbors
5 - Vicinity Map
6 - Subdivision Agreement
7 - CC Minutes (10-2-72)
G:\...\Misc\770Serran.no.
RESOLUTION NO. (1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING A TEMPORARY SIDEWALK WIDTH EXCEPTION AT 770 SERRANO
DRIVE.
WHEREAS, the City Council considered a request by Ted Herzog and Mark Alonzo
for an exception to the City's standards to allow a 4.5 ft.-wide sidewalk along a portion of
the frontage of 770 Serrano Drive to accommodate an existing row of pittosporum trees to
screen an existing non-conforming portion of the structure, and
WHEREAS, a petition, signed by 18 residents of the Serrano Drive neighborhood was
submitted to the City recommending approval of this request, and
WHEREAS, a covenant was previously recorded which provides for installation of a
6 ft. wide sidewalk upon 30 days notice by the City Engineer.
NOW THEREFORE BE IT RESOLVED that this Council hereby approves a
"temporary" exception to City standards to allow installation of only a 4.5 ft wide sidewalk
for a 30 ft. long section of the frontage of 770 Serrano Drive adjacent to the non-conforming
(street setback) portion of the residence as long as the non-conforming structure exists. The
remaining sidewalk shall be 6 ft. wide across the frontage of the parcel.
The full length 6 ft. wide sidewalk widening required for Parcel 2 (770 Serrano Drive) under
Minor Subdivision No. 89-159 is hereby postponed to a later date as stated above.
r-3
Resolution No. (1994 Series)
Page two
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 Peg Pinard
City Clerk Diane Gladwell
APPROVED:
City Attorney
G:\...\Misc\770Se rran.no
67
RESOLUTION NO. (1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING A SIDEWALK WIDTH EXCEPTION AT 770 SERRANO DRIVE.
WHEREAS, the City Council considered a request by Ted Herzog and Mark Alonzo
for an exception to the City's standards to allow a 4.5 ft.-wide sidewalk along a portion of
the frontage of 770 Serrano Drive to accommodate an existing row of pittosporum trees to
screen an existing non-conforming portion of the structure, and
WHEREAS, a petition, signed by 18 residents of the Serrano Drive neighborhood was
submitted to the City recommending approval of this request, and
WHEREAS, this Council finds that public convenience and necessity requires that a
standard 6 ft. wide sidewalk is necessary.
NOW THEREFORE BE IT RESOLVED that this Council hereby denies an
exception to City standards to allow installation of only a 4.5 ft wide sidewalk for a 30 ft.
long section of the frontage of 770 Serrano Drive adjacent to the existing non-conforming
portion of the residence. The sidewalk shall be 6 ft. wide across the frontage of the entire
parcel.
On motion of , seconded by and on the following roll call
vote:
AYES:
NOES:
ABSENT:
L47S
Resolution No. (1994 Series)
Page two
the foregoing Resolution was passed and adopted this day of , 1994.
Mayor Peg Pinard
City Clerk Diane Gladwell ,
APPROVED:
r
City`Att6rney'
G:\...\Misc\770Serr
�7�
Jun
TedeHerzog
94
Mark Alonzo
JUN 3 1994 618 Felton Way
ENGINEERING D!`:`.��"+ SLO, CA 93401
c1JY OF SAN LUIS (805) 544-3779
(805) 542-9441
Mike McClousky, Department Head
Public Works Dept.
City of San Luis Obispo
Dear Mr. McClousky,
SUBJECT: Improvement of sidewalk in front of 770
Serrano Drive
After having discussed the matter with your staff on several
different occasions, we are requesting that the City Council
consider an exception to the City's sidewalk width requirements .
The house located at 770 Serrano Drive is the old "Forden"
residence and it was constructed prior construction of Serrano
Drive. A portion of the house is located only 10 feet away from
the face of the curb.
We are requesting permission to construct a 4 .5 foot wide sidewalk
along 30 feet of the street frontage of 770 Serrano Drive. This
would allow the preservation of some mature trees which currently
serve to screen the house from views from the street. The proposed
4 .5 foot width would comply with the State American with
Disabilities Act (ADA) standard for sidewalk access . Given that
the house is unusually close to the street, it is desirable to
protect the aesthetics of the neighborhood and the privacy of the
house by maintaining the trees.
Here is .the pertinent information regarding this matter:
* We are requesting that we be allowed to construct a 30-foot
section of the sidewalk at a width of 4 .5 feet (see attached
drawing) ; the remainder of the sidewalk will be, or is,
constructed at 6 feet wide.
* The subject portion of the house is 10 feet away from the face
of the curb or 4 feet from the front property line. Current
standards require a 20-foot setback.
* The roof overhangs an additional 18 inches towards the street.
* There is a retaining wall about 6 feet from the face of curb.
* It is not feasible to plant trees in the four feet between the
retaining wall and the front of the house since this would
result in damage to the house.
_ a
* A fence would not serve as an adequate substitute for the
trees since the house would a neighborhood eye-sore at only
four feet from the sidewalk.
* Our proposal would allow us to maintain 5 pittosporum trees
with a trunk diameter of 6 inches or less . A 6 foot sidewalk
would. require removal of these trees .
* The City Council has approved sidewalk width exceptions at
502, 510, 518, and 672 Serrano Drive.
* We believe that we can demonstrate unanimous neighborhood
support for our proposal (see attached petition) .
As discussed with staff, we would be willing to trim the trees to
remain if staff finds any traffic sight line problems .
We believe that the non-conforming location of the residence
relative to the street and the desirable screening of the trees
provide unique circumstances which warrant the sidewalk width
exception.
•_ If you have any questions at all please give us a call. We look
forward to addressing the Council as soon as possible.
Sincerely,
Ted Herzog
cc: Tom Bosch, Building
Pam Ricci, Planning
67-8
- RECEIVED
PETITION JUN s 1994
kNGINkkInHO Uh1aON
TO SAN LUIS OBISPO "1YOF50LUIS OU'U
PUBLIC WORKS DEPARTMENT .
We the residents of Serrano.Drive request that the City of
San Luis Obispo Public Works Department not.enforce the
6 foot sidewalk standard to 770 Serrano Drive:..Enforcing
the 6 foot wide standard along the whole frontage, would
eliminate the vegetative screen that presently conceals the
non-conforming portion of:the residence on the property.
This would have a negative impact, on the neighborhood.
Not only would the 6 foot sidewalk eliminate mature
vegetative cover, but it would expose the "Grand Fathered"
portion of the residence which would be out of character for
the neighborhood.
Instead, we request that the City allow the owners, Ted
Herzog & Mark Alonzo, to implement the compromise
proposal of constructing a 4112 foot wide sidewalk on that
section which currentivmaintains a vegetative screen of
the non-conforming residence, and a 6 foot wide sidewalk
on the remaining section oflhe parcel frontage. Not only
does this comply with the American Disabilities Act
minimum requirement, but also maintains the
neighborhood ambiance which the vegetative screen
provides.
We strongly urge the Public.Works Department to respect
the wishes of the neighborhood residents. .
NAME SIGNATURE ADDRESS
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SaAda Dr. 9340
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JUN 3 1994 _
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RECORDING REQUESTED BY: TIM FORDEN
AND WHEN RECORDED RETURN TO:
City of San Luis Obispo
Community Development Department
P.O. Box 8100 (990 Palm Street) Doc No: 1993-021996 Rec No: 32948
San Luis Obispo, CA 93401
Official .Records ;RF 11 .00
San Luis Obispo Co.
FRANCIS M. COONEY
Recorder - )
May 19, 1993
Time: 08:00
®® [ 31 ;TOTAL 11 .00
AGREEMENT RELATED TO A TEMPORARY ACCESS EASEMENT,
REPLACEMENT OF GARAGE, SIDEWALK IMPROVEMENTS,
AND TEMPORARY DEED RESTRICTIONS
ON PARCELS#1, #2 and#3 OF PARCEL MAP MS 89-159
APN 052-163-017
This agreement, made and entered into this 74A day of
MAY , 1993, by and between Timothy M. Forden and Susan
Ann Forden (hereinafter called "Owners") and the CITY OF SAN LUIS
OBISPO, A MUNICIPAL CORPORATION (herein called "City°) .
WITNESSETH'
WHEREAS, Owners have obtained final approval for a three (3) lot
subdivision, MS 89-159 located at 770 Serrano Drive, and Recorded
In Book -r,)O of Parcel Maps At Page ?_n, and
WHEREAS, approval of said subdivision by City entitles Owners to
apply for building permits and subsequently develop newly created
Parcel #1 and Parcel #3, as designated on the parcel map for said
subdivision, subject to execution of this agreement by Owners and
City, and
WHEREAS, approval of said subdivision results in the existing
residence being on Parcel #2, the existing garage on Parcel #1,
and the existing access to Parcel 112 through Parcel #3, and
WHEREAS, the City requires a minimum of two off-street parking
spaces on Parcel #2, at least one of which must be a covered
parking space, and the City requires Parcel #2 to have its own
separate access from Serrano Drive, and
WHEREAS, the City requires improvement of the sidewalk in front
of the three parcels,
NOW, THEREFORFj, in consideration of the mutual benefits, promises
and agreements set out herein, the parties agree as follows:
1. The Owners agree hereto that execution of this agreement
by Owners and City, in conjunction with the recordation of the
approved'parcel map for said subdivision, requires the Owners to
maintain a temporary right of ingress/egress access for the
benefit of Parcel #2 through Parcel #3 along the existing
driveway alignment passing through Parcel 03.
2. The Owners agree that the existing residence on Parcel
#2 shall continue to have the right to access and use the garage
on Parcel #1 until a new garage and driveway isconstructed on
Parcel #2.
Vol. 471
AGREEMENT RELATED TO ACCESS, GARAGE AMID SIDZKALRS
LOCATED ON PARCELS #11' #2, and #3
OF PARCEL MAP MS 8.9-159
.Page 2
3. The Owners agree that prior to City issuance bf any
building permit for either Parcel #1 or #3 the Owners shall
complete construction of a new garage and driveway serving Parcel
#2.
4. The Owners agree that .the sidewalks in front of each of
the parcels shall .be constructed to..City Standards as required by
the City, as follows: (a) the Parcel #1 sidewalk will be
constructed prior to final.approval/inspection of the building
permit for a residence on Parcel #1, :(b) the Parcel #2 sidewalk
will be constructed prior. to; final approval/inspection of the
building permit for the new garage on Parcel #2, and (c) the
Parcel #3 sidewalk will be constructed prior to .final
approval/inspection of the building permit for a residence on
Parcel U.
5.- The Owners agree. to allow the City, at.any reasonable
time and upon reasonable notice, to inspect. the premises for
compliance with this agreement.
6. The Owners agree- that this agreement shall be binding
upon and shall inure to the benefit of, the heirs, assigns, and
all other successors in interest of the parties hereto.
7. Notwithstanding any of the foregoing agreements, the
Owners and the City'agree:that construction of a new replacement
carport or garage and driveway on. Parcel #2 and construction of a
new.sidewalk in front- of--thethree parcels shall fully satisfy
all the terms and conditions of this agreement- and that this
agreement shall then become null.and.void.
IN WITNESS WHEREOF, . the'parties hereto.have executed this
agreement on the day and year first written .above.
ALL SIGNATURES MUST BE NOTARIZED
imoYAnnForden.
den date .; .. .Ci .of S .Luis Obispo by
Community Development Director
Susby:... e.,.
Timothy M. Forden, her,
Attorney-In-Fact
voL4090PAA72
AGREEMENT RELATED TO ACCESS, GARAGE AND SIDEWALKS
LOCATED ON PARCELS #1, #2, and #3
OF PARCEL MAP MS 89-159
Page 3
State of California }
County of Sari Luis Obispo )
On 1993, before
me '--Prj_r;S he- Notary Public, personally appeared
Time�h5i n/•- order„ personally known to me
( ) to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their capacity(ies) , and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon
behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
;J .
(seal) ; :;.`.
Notary Public '
NalaAto saw -
Dals E Cim fl,NOtvy
Wctat WhNolontl Choma
My(:artmWa+ Mmtl12A.19 7 �.
State of California } oncor. v=04v+u
County of San Luis Obispo
Onq 1-% 1993, before
me
me r.s E• hrNotary Public, personally appeared
ora( w personally known to me
(o-r-greb n the basisto be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their capacity(ies) , and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon
behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
� 0� ('• t n �c�i�
(seal�'�
Notary Public '�? '� `•;:`_
DO&I E C40�ppbb�oo1.NNotvy Rth6C I r u
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my CommhNon eq*w Mamh 2a,1 7 ^
State of California } ` .'.-P-.-
..........'=
County of San Luis Obispo } Mm, ,�,,� r,
On , 1993, before me
Notary Public,
personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity(ies) , and
that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seal.
(seal)
Notary Public
VOL grid) CI�i'i`3
END OF DOCUMENT e-7-13
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City Council Minutes
October ? 4I
f
F
Stan Forden, 89 N. Broad Street, presente a proposal from the
sidents and property owners of Serrano Drive forstreet improvements
thout destroying the rustic character of the area. ' He proposed that
e roadway be thirty-four feet curb to curb narrowing to twenty-six
et along the Forden property eucalyptus trees. This narrow street
uld still permit a narrow sidewalk to be installed on the street side
the trees. The residents of the area recommended that. no further
sidewalks be required on the south side of Serrano and that six-foot
sidewalks be Installed on the north side with the narrow section along
the trees.
0. F. Romero, City Engineer, presented a brief history of his attempts,
-at the Council ' s request, to improve Serrano Drive so that normal
street paving could be installed.
Mrs. Lillie Strasser, 530 Serrano, hoped that the City Council :could
leave Serrano Drive alone except for widening ai the culvert which she
felt was ilia only need for improvement .as chr• wanted the s1roet left in
its rustic, rural atmosphere.
The City Council , City Lngineer, residents of the area and Stan Forden
discussed the best method of plocing imprgvr•mnnlr, c%n Sorr:uvr i)riv,!.
Fr
On motion of Mayor Schwartz , seconded by Councilman Brown, that the
t.,Ilowing Council policy would be adopted roncerning improvements to
•<:r r arit OF i vr::
1 . Street to b4 thirty-four fec7 curb to curb except to
narrow to twenty-six feet along the eucalyptus trees with _
restricted parking in the narrow area.
J 2. In the event sidewuIks are required under -the 1911
�t Act or City improvement ordinance, then the Forden property
Should put in a three-foot sidewalk uuliI the proporty i ;
.ol.l .n develi+vd it wrich tient; thc; full si:<-f(,ol 5'tdewelk
would be required.
3. Waive the sidewalk installation for the residence
now under construction on the south tide of Serrclno between
Uressi and Broad Street.
(lotion carried.
b. The City Council considered the tentative map of Tract 467,
Los Verdes Park, by Garden Homes, Ltd.
A. J . Shaw, City Attorney, stated that in light of recent court
decisions that may require. the filing. of an environmental impact
statemt'nt for all developments in the City, the City Council should
not consider this tentative map without the filing of the environmental
impact statement unless they could find that the statement was not
required for this particular subdivision because i't would have no
significant effect on ►the environment. He continued that the Planning
Commission would be .9kinsidering a planned development for this property
at its next meetirig and the City Council might wish to continue the
teniat.ive map consideration until they received a recommendation from
7LV1ha Planni n.. ('n....-:� ., .fr...� .r.n n....:.....-n- . .. • C-