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HomeMy WebLinkAbout08/17/1999, C3 - CONSIDERATION OF A REQUEST TO ABANDON A PUBLIC WAY BETWEEN 1890 AND 1900 SAN LUIS DRIVE. council. 1/171 j acEnaa Report 'C3 CITY O F SAN LUIS O B I S P O 0 FROM: Arnold Jonas,Community DevelopmentDirector Prepared By: John Shoals,Associate Planner SUBJECT: CONSIDERATION OF A REQUEST TO ABANDON A PUBLIC WAY BETWEEN 1890 AND 1900 SAN LUIS DRIVE. CAO RECOMMENDATION: Pass a Resolution of Intention to consider abandonment,and set a public hearing for September 21, 1999. DISCUSSION: Proiect Descriution The project is a request to abandonment a 10-foot wide right-of-way(public way) between 1890 and 1900 San Luis Drive. Specifically,the City Council is being asked to adopt a "Resolution of Intention" to consider abandonment of the public way, and which sets a date and time for final abandonment in accordance with the California Streets&Highways Code. The site is a 10-foot wide by 139-foot long public way. The right-of-way was never improved with pavement or fencing. It is presently covered with grass,low shrubs and a large tree near the creek. On-site utilities include overhead electrical lines and a City underground storm drain. Proiect Data Summary Applicants/PropertyOwners: Eugene and Sherl Goldschmidt Representative: Strong Planning Services Zoningof AdjacentProperty: R-1(Low-DensityResidential) General Plan Designation of Adjacent Property: Low Density Residential Environmental Status: Categorically exempt-Class 1,Existing Facilities (Section 15301.(c)of CEQA Guidelines). Project Action Deadline: Not applicable. Situation The applicants are requesting that the City of San Luis Obispo abandon a 10-foot wide public right- of-way(public way)to allow them to build a legal conforming house addition. This public way was established in 1947on the subdivision map for the purpose of providing access to San Luis Creek,public utilities and to maintain a public storm drain.The public way is unimproved and has never been used as public access to the creek. Abandonment of the right-of-way would allow the applicants to build a home addition with a 5-foot side setback as required by City Zoning CM Council Agenda Report ABAN 108-99(1890-1900 San Luis Drive) Page 2 Regulations. Typically, when right-of-way is abandoned, unencumbered fee title reverts to the adjacent property owner(s), subject to title company certification and retention of any necessary easements for utilities. If the abandonment is approved,one-half(five feet) of the easement area would revert to each of the adjacent property owners (1890 and 1900 San Luis Drive), and the applicant would then be able to obtain the necessary permits for the home addition, without the need for a use permit or variance. It should also be noted that the abandoned right-of-way would become the new side yard for the expanded structure. Since City Code does not allow structures within the side yard,there would not be a conflict between the new construction and any reserved easements. The City Council needs to make a determination on General Plan consistency and to consider whether to adopt a "Resolution of Intention" which would set a public hearing to consider the matter of final abandonment. If passed, a final"Resolution of Abandonment"will be adopted and recorded with the County Recorder. The proposal to abandon the street right-of-way was reviewed by the City Planning Commission on July 28, 1999. 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. Planning Commission comments focused reserving an easement for emergency creek access and maintenance. of the storm drain. The attached draft resolution reflects conditions of approval recommended by the Commission (also see attached 7-28-99.Planning Commission minutes). Evaluation . The California Streets and Highways Code requires the City to determine whether the abandonment is consistent with the City's General Plan before taking final action on the abandonment. This means that a determination needs to be made on whether the right-of-way will be needed for present or firture public purposes. In addition, continued access to any City or public utility services and improvements needs to be properly preserved. The following issues were considered at the Commission hearing in evaluating public need: 1. CreekAccess and Maintenance: Land Use policy LU 6.4.4 states: "...Developments along creeks should include public access across the development site to the creek and along the creek,provided that wildlife habitat,public safety,and reasonable privacy and security of the development can be maintained,consistent with the Open Space Element" The Open Space Element sets forth goals, policies, objectives and programs addressing the preservation,restoration and maintenance of creeks within the City of San Luis Obispo. Outdoor Recreation policy 2 of the Open Space Element(Policy OS 12.2.3 in the General Plan Digest) states: "Creekside trails should not be established in existing, substantially developed residential areas of the City, where such trails could create compatibility conflict with surrounding land uses." C3-2 Council Agenda Report ABAN 108-99(1890-1900 San Luis Drive) Page 3 The Planning Commission determined that the public way is not needed for creek access and maintenance because there are other more suitable locations available in the immediate area to gain maintenance access to San Luis Creek. Andrews Street, approximately 500 feet to south, terminates at the creek and connects to a pedestrian bridge. There is also an existing public way approximately 500 feet to the north on San Luis Drive. In addition, the creek can be accessed from California Boulevard and the northerly terminus of San Luis Drive. Attachment 3 shows the locations of these facilities. The Commission also found that improving and maintaining the public way would appear to be in conflict with the City's policy to not develop creekside trails where they could create a compatibility conflict with existing land uses. It should also be noted that the neighborhood has expressed strong opposition to providing additional public access to the creek because they do not feel that reasonable privacy and security can be maintained. 2. Public Utilities Because the public way is occupied by an underground storm drain and several overhead public utilities,the easement abandonment proposal was sent to the local utility companies for their review and comment pursuant to the California Streets and Highway Code. Charter Communications indicates that there are no conflicts with its existing easements and overhead facilities. Pacific Gas and Electric(PG&E)is maintaining and operating electric distribution facilities in the affected area. PG&E requests the reservation of an easement that grants it the right to access and maintain any existing and future facilities (above and underground). The Gas Company has not responded. However,it should be noted that local utility companies will have another opportunity to comment on the abandonmentthat before the City Council takes final action. The 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. It should also be noted that the abandoned right-of-way would become the new side yard for the expanded structure,with no construction taking place there other than fencing that does not conflict with the access. Thus, there would be no conflict between the new construction and the reserved easements. 3. DispositionofAbandonedRight-of-Way Fidelity National Title Company has prepared a preliminary title report verifying the applicants ownership of the land underlying the portion of the easement proposed for abandonment For clarification,although the term"reverts"is typically used in statements regarding disposition of the subject right-of-way. The fact is that"fee title" already prevails and the only change is elimination or reducing the impacts on the property. CONCURRENCES The Public Works Department supports the proposed abandonment, and it recommends that the entire right-of-way be reserved as an easement for these facilities. C3-3 Council Agenda Report ABAN 108-99(1890-1900 San Luis Drive) Page 4 . FISCAL IMPACTS None 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 may 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"X'- Resolution of Intention to Consider Abandonment Attachment 2 - Vicinity Map Attachment 3 - Map of Area proposed for Abandonment Attachment 4 - Map of Existing Public Ways from San Luis Drive Attachment 5 - Draft Minutes for Planning Commission meeting of July 28, 1999 JShoals/CC/ABAN 108-99(Goldschmidt) C3-4 Attachment 1 Resolution"A" RESOLUTION NO. (1999 Series) CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF INTENTION TO ABANDON A PUBLIC RIGHT-OF-WAY (PUBLIC WAY)BETWEEN 1890 AND 1900 SAN LUIS DRIVE (ABAN 108-99) WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on July 28, 1999, for the purpose of making a General Plan determination and formulating a recommendation to the City Council on a request to abandon a public way between 1890 and 1900 San Luis Drive; 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). 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 a public right-of-way (public way) between 1890 and 1900 San Luis Drive 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 right-of-way abandonment is consistent with the General Plan because the public way is not needed for creek access and maintenance,access to City facilities and public utility services will be preserved by reservation of proper easements,and other suitable access to the creek is available for emergency maintenance purposes. C3-5 City Council ResolutionNo. (1999 Series) Page 2 2. The proposed right-of-way abandonment is categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act Conditions: 1. If the Council determines that all or a portion of any "excess" right of way should be abandoned, the entire right-0f--way shall be reserved as an easement for a public storm drain system, public utilities and emergency creek access for maintenance to the satisfaction of the Public Works Director and the respective utility companies. Specific details will be determined during the abandonment process, prior to adoption of a final abandonment resolution. 2. No buildings or support structures will be allowed within the easement, other than paving, fencing and landscaping. A gate(or gates)will be required to gain access to the creek and for utility company access, to the satisfaction of the Public Works Director. SECTION 2. Copies of the map showing the particulars of the proposed abandonment is on file in the office of the City Clerk, at 990 Palm Street. SECTION 3. Tuesday, September 21, 1999, 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 objecting to the proposed abandonment, which time is more 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 right-of-way abandonment,in the Telegram-Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment 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. C3-6 City Council Resolution No. (1999 Series) Page 3 SECTION 6. The City Engineer shall notify utility companies affected by the proposed abandonment 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 ITh day of August, 1999. Mayor Allen Settle ATTEST: City Clerk Lee Price APP VED: i City Attorney Jeffrey G. Jorgensen Attachment: Exhibit"A"- Street right-of-way Abandonment Map JShoals/CC/ABAN 108-99R C3-7 ;6 OW, 31 OQ • �N -v La i N H33b�sim�rot[.� , II ,O pg•�. i II I -- y 10 I • g �T I .� q: I V SII $ 1 1 11 •a - SII 1; ; ; I SII r L 1 --...--- --"3AM SO.Ln b'bm re 3-8 HNs Ss s � a \Attachment 2 \\�\ '\;•�; ���/'ter/ O -mi �14 a < r A N Public Way betwU en 1890 & 1900 San Luis Drive N ABAN 108-99 . A 0 50 100 150 Feet C3-9 Attachment 3 Y C �.a r s •i V a¢ = t a Q Vll = aN La w, • J W OC L WV �! Q h S/33b7 Vt77 V;j- 1 a` y •o. . 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C N I N aM•YCS Wt w {{101 -• •'i K'•Of ZO'C01 0 • e 1 K•/•• };.;•{x::.:{'r:} ;;:: rti.;,.•.:'•r qt.r SM38o NV2 Attachment 5 DRAFT SAN LUIS OBISPO PLANNING COMMISSION MEETING MINUTES JULY 28, 1999 CALL TO ORDER/PLEDGE OF ALLEGIANCE: The San Luis Obispo Planning Commission was called to order at 7:05 p.m. on Wednesday, July 28, 1999, in Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California. ROLL CALL: Present: Commissioners Alice Loh, Charles Senn,Mary Whittlesey, David Jeffrey, Stephen Peterson, and Chairman Paul Ready Absent: Allan Cooper Staff Present: Development Review Manager Ron Whisenand, Recording Secretary Leaha Magee, Associate Planners John Shoals and Peggy Mandeville, Long-Range Planning Manager John Mandeville, and Assistant City Attorney Gilbert Trujillo. ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented. ACCEPTANCE OF THE MINUTES: The Minutes of June 23, 1999,were accepted as presented. PUBLIC COMMENT ON NON-AGENDA ITEMS: There were no comments made. PUBLIC HEARINGS: 1. 1890 San Luis Drive, ABAN: Request to abandon an easement to San Luis Creek next to 1890 San Luis Drive; R-1 zone; Eugene and Sheryl Goldschmidt, applicants. Chairman Ready refrained from participation due to a potential conflict of interest. Commissioner Jeffrey was designated as acting chairman. C3-12 Planner Shoals presented the staff report and recommended finding that the right-of-way abandonment is consistent with the General Plan and forwarding a report to the City Council recommending approval of the abandonment with findings and conditions. Commissioner Loh asked if other accesses on northeast San Luis Drive will be eventually abandoned as well. Planner Shoals stated that decision would have to be made by the owners. This evening's application is applicant initiated. Commissioner Loh asked if pubic access to the creek will go through Andrews St. Planner Shoals believed that is correct. Commissioner Peterson asked if in the future the right of way/easement might be necessary for maintenance/flood control purposes. Planner Shoals stated Andrews St. allows access for maintenance. Manager Whisenand noted the Public Works Department has reviewed this request and determined there are other more suitable locations to access the creek. Commissioner Loh asked if the creek is registered as blue line on the national map. Manager Whisenand replied yes, it is shown on the USGS map as a blue line stream and it is also identified on the city's creek map. Commissioner Peterson asked if the expansion can be accomplished without the abandonment or a variance. Manager Whisenand stated the expansion could be accomplished with an administrative use permit and an exception, although it may not be justified because of the lack of unique circumstances on the property. Commissioner Peterson asked if a condition could be included to guarantee the city emergency access for maintenance. Manager Whisenand reiterated that Public Works feels they have other suitable access points,but due to Commission concerns,the easement reserved for utility purposes could also include access for emergency purposes. There were,on further comments/questions and the public comment session was opened. PUBLIC COMMENT: C3-13 Rob Strong, Strong Planning Services, stated this area has never functioned as a creek access. Direct access to the creek is in conflict with the established residential uses. The commercial side is the logical and has almost continuous public access potential. In addition to Andrews Street, San Luis Drive provides access near the California Boulevard intersection. The owners would not be opposed to an emergency access through the existing gate along the side yard and the existence of storm drainage and utility easements offers access potential with or without a specific emergency access provision included in the conditions. Commissioner Jeffrey asked if the applicants would be willing to pull the existing deck back from extending to the creek. Mr. Strong doesn't know the history of the deck, but believed it was preexisting to adoption of the Creek Setback Ordinance. Manager Whisenand stated proper findings would have to be related to the abandonment for relocation of the deck. It might be difficult to find a nexus between an existing encroaching deck and the abandonment. Seeing no further speakers come forward,the public comment session was closed. COMMSSION COAIIVIENT: Commissioner Loh expressed concern with Finding 1,page 4, saying that the public way is"not"needed for creek access and maintenance. Manager Whisenand suggested modifying the findings by including"and there are other suitable locations available to access the creek." Commissioner Peterson moved to recommend to the City Council approval of the abandonment based on the findings and conditions presented in the staff reoort with a modification to the end of Finding 1 to include. "and there are other more suitable locations to access the creek."and a modification to Condition 1 to reflect"...for a public storm drain system, for public utilities,and for emergency creek access for maintenance " The motion was seconded by Commissioner Loh. AYES: Commissioners Peterson, Loh, Whittlesey, Senn, and Acting Chairman Jeffrey NOES: None REFRAIN: Chairman Ready The motion carried 5-0-1. Chairman Ready refrained from participation due to a potential conflict of interest and Commissioner Cooper was absent. 2. 791 Orcutt R-had. R 6249: 'Requ to amend the _ Hing o property to eliminate the previously approved m er list of allowed and conditio lowed C3-14