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Home My WebLink About10/22/1996, 2 - REQUEST FROM SARO AND MARCO RIZZO TO PURCHASE A PORTION OF CITY PROPERTY, ADJACENT TO 1020 RAILROAD AVENUE. (AMTRAK PARKING LOT) council j ac Enba Repon-t CITY OF SAN LU I S 0 B 1 S P 0 FROM: Mike McCluskey, Public Works Director Prepared By: Jerry Kenny, Supervising Civil Engineer SUBJECT: Request from Saro and Marco Rizzo to purchase a portion of City property, adjacent to 1020 Railroad Avenue. (Amtrak parking lot) CAO RECOMMENDATION 1. Adopt a resolution declaring a 13 ft wide strip of land adjacent to 1020 Railroad Ave. to be surplus property and conceptually approving the sale to the adjacent property owner. 2. Authorize the CAO to execute an agreement with Saro and Marco Rizzo for sale of the surplus property at fair market value, to the satisfaction of the City Attorney and City Administrative Officer. DISCUSSION The Rizzo family, owner of Cafe Roma, recently purchased the property at 1020 Railroad Avenue, site of several former restaurants, such as "The Outside Inn". The property is immediately adjacent to the City-owned AMTRAK station parking lot. The new owners want to remodel and expand the building, including a deck for outside dining which encroaches into the slopebank area of the parking lot. A public sidewalk will be constructed along this frontage as a condition of the proposed development. The parcel in question is depicted on the attached sketch and is a strip of land about 13' wide by 131' long (1,646 sq. ft.). The easterly corner of the existing building encroaches about 2 ft into the City property and about a third of the subject area was utilized as a dining deck for the previous restaurants under a lease agreement with the Southern Pacific Transportation Co. (SPRR). The City acquired the parking lot property in 1985 which included State grant monies (50%) for acquisition and development of the Intermodal Facility (parking lot). The acquisition cost was $ 476,300, or about $ 5.00 per square foot. The agreement with the State provides that if the State ever decides to "assume an ownership or operator status" of the intermodal facility, the previous contributions would be a credit toward that acquisition. The City is the sole owner. The Planning Commission found the disposition of surplus property and anticipated sale to be consistent with the General Plan and exempt from the California Environmental Quality Act on August 14, 1996. (See attachments 3 & 4) The Council must make the final determination as to whether the subject property is "surplus". Council Agenda Report - 1020 Railroad Avenue (Rizzo) Meeting of October 22, 1996 Page two The City's Property Management Guidelines include a procedure for offering surplus properties to the Housing Authority, County or State agencies, school district, etc., or public offering via RFP's, subject to "acceptable terms". In this case, it is not logical or reasonable to do so and the guidelines allow for situations such as this. The attached resolution authorizes staff to develop an agreement to be signed by the CAO, between the City and the Rizzo's, which provides for the sale to occur upon determination of fair market value to the satisfaction of the City Administrative Officer and City Attorney without the need for further Council Action, other than execution of the deed by the Mayor and an escrow process. A Lot Line Adjustment will need to be processed and recorded to legalize the new property boundaries, at the expense of the applicant. CONCURRENCES The City Attorney and Community Development Director concur with the recommended action. FISCAL IMPACT Revenue from the sale would be credited to the General Fund. ($18,000 estimated) ALTERNATIVES OPTION 1. Process a lease agreement to allow the use of the subject City property for a dining deck, subject to payment of an equitable fee structure. This was considered by staff, but rejected, due to the somewhat permanent nature of the improvements, and the fact that the existing building already encroaches into the property. The owners have determined that their best interests would also be served by owning the land. OPTION 2. Find that the property is needed for further development of the Amtrak parking lot and thus is not surplus property. Staff has analyzed the possibility of using the subject property to expand the parking lot and found it to be impractical. The Planning Commission has already found that disposing of this parcel would be consistent with the General Plan. Attachments: 1) Draft resolution (including sketch) 2) Vicinity map 3) Planning Commission Report (8-14-96) 4) Planning Commission Resolution No. 5189-96 5) Letter from Saro Rizzo (7-16-96) G:\...\caferoma rep �'a2 RESOLUTION NO. (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING THAT A 1646 SQ. FT. PORTION OF THE AMTRAK PARKING LOT IS SURPLUS LAND AND AUTHORIZING STAFF TO NEGOTIATE AN AGREEMENT FOR SALE OF THE PARCEL TO THE ADJACENT PROPERTY OWNER AT 1020 RAILROAD AVENUE. WHEREAS, the owners of the property at 1020 Railroad Avenue(Saro and Marco Rizzo) have requested the purchase of a 1646 sq. ft. strip of City-owned property adjacent to the parking lot serving the Amtrak Station and surrounding area, as shown on the attached "Exhibit A", to accommodate the remodel and expansion of a restaurant, and WHEREAS, said property is not needed for the current or future use of the said parking lot, and WHEREAS, the Planning Commission has determined that disposal of the subject parcel is consistent with the City's General Plan and exempt from the California Environmental Quality Act, pursuant to its Resolution No. 5189-96 adopted on August 14, 1996. NOW THEREFORE, BE IT RESOLVED that the Council of the Cityof San Luis Obispo hereby determines that the subject 1646 sq. ft parcel is surplus land and authorizes the City Administrative Officer to execute an agreement to sell said parcel to the adjacent property owner at fair market value, to the satisfaction of the City Administrative Officer, City Attorney and Director of Public Works. Resolution No. (1996 Series) Page Two On motion of and seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted on this da of y 1996. MAYOR Allen K. Settle ATTEST: CITY CLERK Bonnie Gawf APPROVED AS TO FORM: TT Je ey G. Jorgensen G-V-Acaferoma.rep - -- _Al URg fAcl p� G N365'00_K,\\•, 5 gip' 0 0 un : W Lu �p 1 AY A08DS) \ '. I LOT if /f/ `, USE PURCHASE \\\ p 53653'00'E �� •` AREA (1645 SQ. fT.) \1: �� \• i ^ 32.03' LOT 13 \S• /!50.19'14"£ 536'53 00"£ t. ( 5 46, O • •54.00' '00.i \ ... i i 11.67' ;^�\ '•��;\ E ltq O7 2 —.-, ENGINEERING PURCHASE AREA FROU DEVELOPMENT CITY OF SAN LUIS ORS/PO *'� k � F PR'�C•B6a 6� Tv � : . lv� 4b 7� a <� �� pAp \ ♦` shy yOh�° t ♦. 10 ? \ + ko PF- �p 44 r e �m a h �s \ . \ �i icor Or�• a wN 4q M ` IC' � mss . � . � \ ♦� U1107 Oho P ` + W 37 ` !7584-F92 ` ♦ ` 9PC'g `�Y . P•OfFIGtf7 I�`♦ ♦ ♦ ` ` ♦ + ` 9 � A73.gZ a ♦ � .`� :: All-02- 10 Q BA�43-61� r9s8a-41 u7107 ♦ .+ + + + + a PgRfG1N6 \ + + + + + + + ry e + � + + VICINITY MAP OTHER 36-96 NORTH 1020 RAILROAD A-i CrIY OF SAN LUIS OBISPO rrrM#r PLANNING COMMISSION STAFF REPORT BY. Pam RicciAssociate planner MEETING DATE: August 14, 1996 FROM: Ron Whisenand,.Development Review Manage F Z NUMBER: Other 36-96 PROJECT ADDRESS: 1020 Railroad Avenue SUBJECT:General Plan and CEQA Determination for proposed disposition of surplus City property(slope bank adjacent to parking lot)to the Cafe Roma Restaurant. RECOMMENDATION Fmd the disposition of surplus City property consistent with policies of the City's General Plan and exempt from the California Environmental Quality Act. BACKGROUND The Rizzo family that owns Cafe Roma would like to remodel and add on to the existing fire-damaged building at 1020 Railroad Avenue as a new home for their restaurant. Saro Rizzo has submitted the attached letter which requests that a narrow portion of property (ranges from 11.67' to 13.73' wide), between the existing resturant property line and the developed parldng lot (slope bank), be sold to them for use as outdoor patio area for the restaurant. In order to sell or lease the property, the City Council will need to classify it as surplus. Prior to consideration of the request by the City Council, the Planning Commission must determine whether the sale of property is consistent with the general plan. ANALYSIS Section 65402(a) of the California Government Code states in part: "If a general plan or part thereof has been adopted no real property shall be acquired.. and no real property shall be disposed of... until the location, purpose and extent of such acquisition or disposition.. have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof... In this case,the General Plan land use designation for the property is"General Retail." The"General Retail" designation is intended for uses such as"department stores, specialty stores, and services such as banks and restaurants." In this case, the portion of property is no longer needed for street purposes or parking lot . expansion. Sale of the surplus property is therefore not inconsistent with LUE policies. The existing land use designation/zoning boundary would not need to be adjusted since the width of the area is narrow enough that it can be construed to be consistent with existing maps. Other 36-96 Page 2 FINDINGS The disposition of surplus City property, that is no longer needed for street purposes or parking lot expansion, is consistent with policies of the Land Use Element of the General Plan, and exempt from the California Environmental Quality Act, pursuant to Section 15312 of the California Administrative Code. ALTERNATIVES Should the Planning Commission find the property necessary for street purposes or parking lot expansion, then the proposed sale of surplus City property would need to be found inconsistent with the City's General Plan. INFORMATIONAL NOTE The City shall process a lot line adjustment in accordance with the Purchase and Sale Agreement to effectively merge the surplus property with the restaurant property. ATTACHMENTS Vicinity Map Letter from Saro Rizzo dated 7-16-96 Memo from Jerry Kenny dated 8-5-96 Map and legal description of the area SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 5189-96 WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct a public hearing in the Community Room of the County/City Library, 995 Palm Street, San Luis Obispo, California, on August 14, 1996, pursuant to a proceeding instituted under City File: Other 36-96, Saro Rizzo, applicant. APPLICATION REVIEWED: General Plan determination for surplus of City property. DESCRIPTION: On file in the office of Community Development, City Hall. GENERAL LOCATION: 1020 Railroad Avenue. GENERAL PLAN LAND USE ELEMENT: 40 Retail-Commercial with the Special Consideration and Historical Preservation Overlay Zones PRESENT ZONING: C-R-S-H WHEREAS, said commission as a result of its inspections, investigations, and studies made by itself; and in behalf of testimonies offered at said hearing, has established existence of the following circumstance: The disposition of surplus City property, that is no longer needed for street purposes or parking lot expansion, is consistent with policies of the Land Use Element of the General Plan, and exempt from the California Environmental Quality Act, pursuant to Section 15312 of the California Administrative Code. Resolution No. 5189-96 036-96 Page 2 NOW, THEREFORE, BE IT RESOLVED that application No. O 36-96 be approved. The foregoing resolution was approved by the Planning Commission of the City of San Luis Obispo upon the motion of Commr. Ready, seconded by Commr. Veesart, and upon the following roll call vote: AYES: Ready, Veesart, Karl eskint, Senn, Whittlesey NOES: None ABSENT: Jeffrey and Kouralds Arnold B. Jonas, Secretary Planning Commission L:\M5IM96-Pc SARO G. RIZZO PO BOX 2178 AVH A BEACH,CA.93424 (805)595-2702 7-16-96 Jerry Kenny R E C E I VED Public Works Department JUL 1 ,' 1996 City Of San Luis Obispo ENGINEEkING UIV15M: 955 Morro St. cm of SAN LUIS OBISPO San Luis Obispo, CA. 93401 Dear Mr. Kenny. Pursuant to the city's general guidelines for the sale of city property, I am hereby making a request for the sale of city property . My brother, Marco Rizzo, and myself are the owners of a certain piece of property known as 1020 Railroad Ave. and described as Lot 3,4, and 5 of Block 182 of the Ingleside Homestead Tract,in the City of San Luis Obispo, County of San Luis Obispo, State of California. As you are aware,we are currently in the process of developing this property as a potential restaurant it . To aide our overall plans, we would like to purchase from the city the approximate 100 sq. ft. of sloped property between our property and the city's existing parking lot which is marked out in the enclosed map. I am currently working with a surveyor in an effort to add greater legal specificity to this exact piece of property and will provide you with this information as soon as it is available. I look forward to working with you on this project and will be available anytime at the below indicated numbers. Your help is greatly appreciated. Very Truly Y s, w 541-6800 h 595-2702 02"�� -t,r • �•'• Via. •'.Fl.in _:. � - _- _ .� .t'rY.ry,�a rv�'• r ,Ze • '� �,'*+tic: ',� _ . ' ' 1 +y y!g. 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