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Home My WebLink About12/15/1998, C-3 - STREET ABANDONMENT (ABAN 152-98) - CONSIDERATION OF A PLANNING COMMISSION RECOMMENDATION TO ABANDON AN EXCESS PORTION OF THE WESTERLY 26 FEET OF THE JOHNSON AVENUE RIGHT-OF-WAY, LOCATED BETWEEN BUCHON STREET AND THE UNION PACIFIC RAILROA council °' z-15-98 j acEnaa Report 3 CITY OF SAN LUIS O B i S P 0 b FROM: Arnold Jonas,Community Development Director Prepared By: John Shoals,Associate Planner SUBJECT: Street Abandonment (ABAN 152-98) - Consideration of a Planning Commission recommendation to abandon an excess portion of the westerly 26 feet of the Johnson Avenue right- of-way,located between Buchon Street and the Union Pacific Railroad right-of-way. CAO RECOMMENDATION: Pass a Resolution of Intention to consider abandonment,and set a public hearing for January 19, 1999. DISCUSSION: Situation Mark Johnson and Ursula Bishop own the property at the southerly comer of Johnson Avenue and Buchon Street(1265 Buchon Street). They would like to add a third bedroom to their existing two- bedroom residence. However,due to their lot's small size (4,500 square feet) and zoning (R-2), their property does not meet the density standards needed for a third bedroom. In order to increase their lot's size to obtain their desired density,the applicants are requesting an abandonment of the excess portions of the Johnson Avenue right-of-way,which abuts their property. Generally,when right-of-way is abandoned,unencumbered fee title reverts back to the adjacent property owner(s), subject to title company certification and any necessary easements for utilities being obtained. If the abandonment is approved,then the applicants would have additional land for their total lot area to be used in density calculations. This would enable them to construct their desired home addition. In accordance with the California Streets & Highways Code, the Council action to abandon a street must be taken at a public hearing which has been preceded by adoption of a Resolution of Intention to consider abandonment. Planning Commission Action: The proposal to abandon the street right-of-way was reviewed by the City Planning Commission on November 4, 1998. At that public hearing, the Planning Commission found the proposed abandonment to be consistent with the City's General Plan, and recommended that the Council adopt a Resolution of Intention and set a public hearing to consider the matter of final abandonment. The attached draft resolution reflects conditions of approval recommended by the Commission(also see attached 11-4-98 Planning Commission minutes). Couacil Agenda Report ABAN 152-98 (Johnson Street Abandonment) Page 2 Data Summary Applicants/PropertyOwners: Mark Johnson and Ursula Bishop Representative: Louisa A.Kluver Zoningof Adjacent Property: R-2(Medium-DensityResidential) General Plan Designation of Adjacent Property: Medium Density Residential Environmental Status: Categorically exempt under Class 1,Existing Facilities(Section 15301.(c) of CEQA Guidelines). Project Action Deadline: Not applicable. Site Description The site is a triangular-shaped area located on the southerly side of Johnson Avenue (Johnson Avenue rims in a northwest-southeast direction) between Buchon Street and the Union Pacific Railroad right-of-way, see vicinity map (Attachment 2). The site is an unpaved area which provides access to three residential lots from a common driveway ramp. It contains a City storm drainage pump station,a utility pole with guy wire anchors,fencing and a tree. Evaluation In order to abandon the right-of-way,the City must find that it is not needed for present or future public purposes such as street and utility improvements.The following issues were considered at the Commission hearing in evaluating public need: I. Future Circulation Needs The Planning Commission determined that the right-of-way was not needed for future street improvements. The portion of the right-of-way proposed to be abandoned has not been used as a public street since the realignment of Johnson Avenue under the Union Pacific Railroad bridge.The City's Circulation Element does not plan for any future roadway improvements within the right-of- way- However,the Commission did determine that an easement needs to be reserved over the property for future bikeway improvements. Specifically, the Railroad District Plan calls for the future construction of a ramp (within the excess right-of-way)to provide access to a planned railroad bikeway crossing. 2. Utilities A PG&E utility pole with guy wire anchors and a City-owned storm drainage pump station are located within the Johnson Avenue right-of-way, but not in the portion of the right-0f--way proposed for abandonment. Since there is a possibility that other public utilities may exist within the right-of-way proposed for abandonment,the application was referred to local utility companies for their review and comment. Staff has not received any comments from the consulted utility companies. However,prior to final action by the City Council on the proposed abandonment,local r-A--7 Council Agenda Report ABAN 152-98 (Johnson Street Abandonment) Page 3 utility companies will again be notified and have another opportunity to comment on the abandonment- The bandonmentThe Planning Commission recommended a condition that the abandonment be subject to the dedication of easements to affected local utility companies. This condition insures that the utility companies retain their rights to repair and service their existing facilities. 3. Disposition of Abandoned Right-of--way Chicago Title Insurance Company has prepared a lot book guarantee/title report verifying the applicants' ownership of the land underlying the portion of the right-of-way proposed for— abandonment. If the abandonment proceeds, then the applicants would have unencumbered ownership of the abandoned right-of-way. As previously mentioned,they would then be able to use this additional land area in their density calculations which would enable them to pursue plans for an addition to their house which includes a third bedroom. CONCURRENCES The Public Works Department supports abandonment subject to reservation of a 16-foot wide easement to accommodate a link between a future bike and pedestrian trail from the Amtrak station, northerly to Marsh Street. In addition,the Public Works notes that a drainage easement needs to be reserved across the abandoned right-of-way for an existing storm drain and the possibility of firture drainage improvements. FISCAL IMPACTS With reservation of the appropriate easements (i.e., drainage, utilities and bdceway/pedestrian), the fiscal impacts can be considered to be minimal. Staff has not attempted to calculate the potential value of the easements or any firture improvements. A more detailed analysis will be provided at the subsequent public hearing. ALTERNATIVES The Council may find that the right-of-way is needed for present or future public purposes, and decide not to adopt a Resolution of Intention to consider abandonment,without providing a public hearing. The Council can also continue action on the Resolution of Intention, with specific direction to staff and the affected property owners regarding additional information required. Attachments Attachment 1 - Draft Resolution of Intention to Abandon Attachment 2 - Vicinity Map Attachment 3 - Map showing Area for Abandonment Attachment 4 - Planning Commission Resolution and Minutes(11/4/98) C3 -3 Draft Resolution"A" RESOLUTION NO. (1998 Series) CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF INTENTION TO ABANDON AN EXCESS PORTION OF THE JOHNSON AVENUE RIGHT-OF-WAY BETWEEN BUCHON STREET AND THE UNION PACIFIC RAILROAD RIGHT-OF-WAY(ABAN 152-98) WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on November 4, 1998,for the purpose of making a general plan determination and formulating a recommendation to the City Council on a request to abandon a portion of the Johnson Avenue right-0f-way; and WHEREAS, the City Planning Commission found that the proposed right-of-way abandonment was consistent with the City's General Plan, and recommended that the City Council approve the abandonment, based on findings, and subject to conditions (Planning Commission Resolution 5238-98). BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Action- Intention to Abandon. It is the intention of the City of San Luis Obispo to abandon an excess portion of the Johnson Avenue right-of-way between Buchon Street and the Union Pacific Railroad right-of-way, as shown on the map marked Exhibit"A", attached hereto and incorporated herein by reference, pursuant to Section 8300 et.seq. of the State of California Streets and Highways Code, and that the abandonment shall be based on the following findings,and subject to the following conditions: Findings: 1. The proposed street abandonment is consistent with the Circulation Element of the general plan because this segment of Johnson Street is not identified in the element as being necessary for neighborhood circulation. 2. The portion of right-of--way to be abandoned is not needed for present or future street purposes. 3. The proposed street abandonment is categorically exempt from environmental review under Section 15301 of the CaliforniaEnvironmental Quality Act. r_-+%-4 City Council resolutionNo. (1998 Series) Page 2 Condition: 1. If the Council determines that all or a portion of any "excess" right of way should be abandoned, appropriate easements will be reserved for access to the City's storm drainage pump station, drainage facilities,public water& sewer, public& private utilities,public bike and pedestrian purposes, along with a common driveway easement and maintenance agreement over any portion needed for access to the adjacent southerly parcels. Specific details will be determined during the abandonment process. No physical development would be allowed within the easements, unless specifically approved by the City, on a case by case basis. SECTION 2. Availability of plans. 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. SECTTON 3. Final action date. Tuesday, January 19, 1999, 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 less than fifteen(15)days from the passage of this resolution. SECTION 4. Resolution publication. 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 right-of-way abandonment,in the Telegram-Tribune, a newspaper published and circulated in this city. SECTION 5. Notification of abandonment. The City Engineer shall post at least three (3) notices of the proposed abandonments in prominent locations near the portion of the street right-of-way 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. c3-5 City Council resolutionNo. (1998 Series) Page 3 SECTION 6. Notice to utilities. 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 15'day of December, 1998. 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AEAMPOMMEW of r�A ��1� Aprt. ��Q•9� 4 toRt'1cN o F 1265 RvCE4em Sr/MMM TvqMWM,UWA 10995014 AVE . CA -9 ATTACHMENT 4 SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 6238-98 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber, City Hall, 990 Palm Street, San Luis Obispo, California, on November 4, 1998 pursuant to a proceeding instituted under application ABAN 152-98, Mark Johnson and Ursula Bishop, applicants. REQUEST REVIEWED: ABAN 152-98: Review of an abandonment of excess right-of-way for Johnson Avenue at Buchon Street and the railroad tracks. DESCRIPTION: On file in the office of Community Development Department, City Hall. GENERAL LOCATION: 1265 Buchon Street 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 circumstances: 1. The proposed street abandonment is consistent with the Circulation Element of the general plan because this segment of Johnson Street is not identified in the element as being necessary for neighborhood circulation. 2. The portion of right-of-way to be abandoned is not needed for present or future street purposes. 3. The proposed street abandonment is categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act. Resolution No. 5238-98 Page 2 NOW, THEREFORE, BE IT RESOLVED that A 147-98 be approved and subject to the following condition: 1. If the Council determines that all or a portion of any "excess" right of way should be abandoned, appropriate easements will be reserved for access to the City's storm drainage pump station, drainage facilities, public. water & sewer, public & private utilities, public bike and pedestrian purposes, along with a common driveway easement and maintenance agreement over any portion needed for access to the adjacent southerly parcels. Specific details will be determined during the abandonment process. No physical development would be allowed within the easements, unless specifically approved by the City, on a case by case basis. The foregoing resolution was approved by the Planning Commission of the City of San Luis Obispo upon the following roll call vote: AYES: Commissioners Jeffrey, Howell-Marx, Ready, Whittlesey, and Senn NOES: None REFRAIN: Commissioners Ewan ABSENT: None VACANT: One Arnold B. Jonas, Secretary Planning Commission DRAFT SAN LUIS OBISPO PLANNING COMMISSION MEETING MINUTES NOVEMBER 4. 1998 CALL TO ORDER/PLEDGE OF ALLEGIANCE: The San Luis Obispo Planning Commission was called to order at 7:00 p.m. on Wednesday, November 4, 1998, in Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California. ROLL CALL: Present Commissioners John Ewan, Mary Whittlesey, Paul Ready, David Jeffrey, Jan Howell Marx, and Chairman Charles Senn Absent One Vacant Seat Staff Development Review Manager Ron Whisenand, Recording Present Secretary Leaha Magee, Associate Planner Peggy Mandeville, Principal Transportation Planner Terry Sanville, Community Development Director Arnold Jonas, Natural Resources Manager Neil Havlik, EIR Consultant for the City Dennis Castrillo, Fire Chief Bob Neumann, Public Works Supervising Civil Engineer Jerry Kenny, City Traffic Consultant Jim Daisa, Water Division Manager Gary Henderson, Fire Marshall Darren Drake, Consulting Engineer Brad Brickwell, and Assistant City Attomey Gilbert Trujillo. ACCEPTANCE OF THE AGENDA: Due to the anticipated length of Item #1, the Commission agreed to hear Item#2 first PUBLIC COMMENT ON NON AGENDA ITEMS: There were no public comments. PUBLIC HEARINGS: 2. 1265 Buchon Street ABAN 152-98: Request for a review of an abandonment of excess right of way for Johnson Avenue at Buchon and the railroad tracks; R-2 lone; Mark Johnson and Ursula Bishop, applicants. i Commissioner Ewan refrained from participation due to a potential conflict of interest. Peggy Mandeville, Associate Planner presented the staff report and recommended (1) finding that the right-of-ray abandonment is consistent with the General Plan and (2) forwarding a report to the City Council recommending approval of the abandonment with findings and conditions. Commissioner Marx asked where the right of way continues.. Development Review Manager Ron Whisenand stated it continues to the other side of the railroad tracks. When the underpass was constructed, Johnson Ave. was rerouted under the railroad tracks with a portion of the right of way. Commissioner Jeffrey asked who would maintain the abandoned area. Ron Whisenand replied maintenance would be left to the property owners. Commissioner Marx asked if the footprint of the house would be the same after the third bedroom is added. Ron Whisenand believes the addition will go up rather than out. There were no further commentsfquestions and the public comment period was opened. PUBLIC COMMENTS: Louisa Kluver, project designer, explained her clients' desires to enlarge their home. This abandonment will allow for the correct density calculation in the R-2 zone to allow for the bedroom addition. The applicants are willing to give up any easements that go along with the abandonment Ursula Bishop, applicant, 1265 Buchon, stated she is very fond of her home and the neighborhood and explained her need to expand the home to accommodate her family. They will not change the front of the house and would like to make sure conditions placed on the abandonment include landscaping. Seeing no further speakers come forward, the public comment session was closed. COMMISSION COMMENTS: Commissioner Jeffrey asked for staffs recommendation on the abandonment landscaping. 2. Ron Whisenand stated the issue before the Commission is General Plan conformity of the abandonment. There are a number of issues in terms of common driveways, road improvements, etc., that will be reviewedlconsidered as part of the City Council process. Commissioner Ready asked how 1515 and 1525 Johnson Avenue will have access to Johnson Avenue. Ron Whisenand stated there will be a requirement for legal access. This will also be addressed by the City Council. Mr. Kenny, Public Works Supervising Civil Engineering, stated staffs recommendation would be for Council to require improvements for the driveway to meet city standards and reserve the right for the other two parcels to pass over the portion that would accrue to the comer property at 1.265 Buchon St. Landscaping would be beyond the scope of a street abandonment. Commissioner Jeffrey moved to find that the right-of-way abandonment is consistent with the General Plan and forward a report to the City Council recommending approval of the abandonment based on the findings and subject to the conditions contained in the staff report. The motion was seconded by Commissioner Ready. AYES: Commissioners Jeffrey, Ready, Marx, Whittlesey, and Chairman Senn NOES: None REFRAIN: Commissioner Ewan The motion carried 5-0-1. There is one vacant seat. 1855 Los Osos Valle Road: R ER ANNEX 102-96: Requ ce the ronmental impact report, annex, and prezone t -acre site (DeVaul Ra to allow for the future subdivision development of 35 acres with approxi ely 147 single-family d rags and 106 multifamily dwellings, a three-acre p and 184 a dedicated to the City as open space. At the Chairman's request, ggy Mandevi explained the Commission's charge, the applications ore the Commission, an General Plan language controlling the sit Afterwards, she presented staff report and recommended recommending to the City Council at the Final Environme Impact Report (EIR) be certified, (B) recommendin the City Coun ' at the lower 38 acres of the site be prezoned as R-1 (Low nsity 1 ential), PF (Public Facil'ity), and the remaining 184 acres be prezon 3 G3-J4