The URL can be used to link to this page

Home My WebLink About10/03/2000, C2 - CONSIDERATION OF A REQUEST FOR PARTIAL ABANDONMENT OF THE OLIVE STREET (FORMERLY FIG STREET) RIGHT-OF-WAY AND FULL ABANDONMENT OF THE MORRO STREET RIGHT-OF-WAY BETWEEN STENNER CREEK AND U.S. HIGHWAY 101; ABAN83-99, RAMESH AND NIPOOL PATEL council j acEnaa nepoRt °®C2 CITY O F SAN LUIS O B I S P O FROM: Ronald Whisenand,Acting Community Development Director PA Prepared By: John Shoals,Associate Planner�* SUBJECT: CONSIDERATION OF A REQUEST FOR PARTIAL ABANDONMENT OF THE OLIVE STREET (FORMERLY FIG STREET) RIGHT-OF-WAY AND FULL ABANDONMENT OF THE MORRO STREET RIGHT-OF-WAY BETWEEN STENNER CREEK AND U.S. HIGHWAY 101; ABAN83-99, RAMESH AND NIPOOL PATEL CAO RECOMMENDATION 1. Pass a Resolution of Intention to consider abandonment subject to a purchase agreement requiring the applicant to obtain City-owned property at fair market value,and set a public hearing for November 21,2000;and 2. Authorize staff to hire an appraiser to assess the value of the City-owned property and direct the sale of the property in accordance with the procedures of the City's Property Management Manual. DISCUSSION The proposed project involves: a request to abandon portions of two public right-of-ways and the sale of any City-owned surplus property resulting from approval of those R/W abandonments. The City has received a request to abandon a portion of the Olive Street(former Fig Street)right- of-way (R/W)and all of the Morro Street R/W,between Stenner Creek and U.S. Highway 101 (see Attachments 1, 2 and 3). In order to abandon these public right-of-ways,the California Streets and Highways Code(State Law) requires the legislative body review the abandonment for consistency with the General Plan, adopt a "Resolution of Intention" to abandon the R/W and adopt a final "Resolution of Abandonment." The Planning Commission reviewed the proposed R/W abandonment on December 15, 1999 and July 26, 2000. At the July 266`' hearing,the Commission found the proposed abandonment to be consistent with the General Plan because the right-of-ways are not needed for present and future public transportation purposes,and access to any public and private utilities will be preserved with easements for creek access/maintenance, drainage, gas, electricity, telephone, communications, access to the residential property and a bike/pedestrian pathway. The City Council must make a determination on General Plan consistency and consider whether to adopt a "Resolution of Intention,"which would set a public hearing to consider the final abandonment. If passed,a final "Resolution of Abandonment"will be adopted and recorded with the County Recorder. C24 Council Agenda Report ABAN 83-99(950 Olive Street) Page 2 Generally,when R/W is abandoned,unencumbered fee title is divided equally among the adjacent property owners, subject to title company certification and any necessary easements for utilities being obtained. However,the proposed project is not atypical abandonment because the City owns a portion of the property underlying the R/W, and approval of the R/W abandonment will create surplus City property that must be sold in accordance with the procedures of the City's Property Management Manual (PMM). The PMM requires that the City Council declare the property as surplus and approve the final sale or trade of the property,based on a valid appraisal. The Council is being asked to give staff direction on how to proceed with the sale of any City- owned property created with the right-of-way abandonment. In staff's opinion,the applicant is the only logical party to purchase the City-owned property because the abandonment will not create a separate buildable lot given its small size,irregular shape and.proximity to the freeway. The CAO recommends that the Council authorize staff to hire (at the applicant's expense) an appraiser to assess the value of the land and direct the sale of the property in accordance with the City procedures. Council could approve the final sale of the property after the appraisal is complete and details have been worked out between the applicant and City staff. Final abandonment would not become effective until the property is sold. Public Works will be the lead department in this matter. Planning Commission Action The City Planning Commission reviewed the R/W abandonment on December 15, 1999 and July 26, 2000. At those meetings, the Commission discussed various aspects of the project, including: whether the public R/Ws are needed for present and future circulation needs; continued access to any City or public utility services in the area; creek access, improvements and maintenance; the disposition of any abandoned City-owned property resulting from the R/W abandonment; and the applicant's plans for redevelopment of the Homestead Motel and the abandonment area. At the July 26' meeting, the Planning Commission voted 7-0 to find the proposed abandonment to be consistent with the City's General Plan and to recommend City Council adoption of a Resolution of Intention to set a public hearing for consideration of the final abandonment. The Planning Commission also voted to recommend that the City Council declare the City-owned property surplus and to direct City staff to dispose of the property consistent with the City Property Management procedures. Attachment 5 is a copy of Planning Commission Resolution No. 5295-00. Minutes from the July 26, 2000 hearing are included as Attachment 6. The Planning Commission staff report is included as Attachment 7. CONCURRENCES The Public Works Department supports the proposed abandonment,subject to the reservation of easements for public and private utilities (i.e., water, sewer and storm drain systems, pedestrian/bike access, and creek assess/maintenance) to the satisfaction of the City, Caltrans and the respective utility companies. Specific detailswill be determined during the abandonment process, prior to adoption of a final abandonment resolution by the City Council. C2-2 Council Agenda Report ARAN 83-99(950 Olive Street) Page 3 FISCAL IMPACTS No fiscal impacts are expected with abandonment of the public right-of-ways. Fiscal benefits include: reduced costs for roadway maintenance because there would less R/W and paving to maintain in this location, and compensation for the City-owned property underlying the Olive Street(former Fig Street) R/W. A specific dollar amount has not been determined at this time. ALTERNATIVES 1. 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 a public hearing. 2. 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-Vicinity Map Attachment 2- Map of Abandonment Area Attachment 3- Ownership Map Attachment 4- Draft Resolution"A"-Resolution of Intention to Consider Abandonment Attachment 5- Planning Commission Resolution No. 5295-00 Attachment 6-Draft Minutes of Planning Commission meeting of July 26, 2000 Attachment 7- Planning Commission Staff Report of July 26,2000 JShoals/CC/ABAN83-99(Patel) C2-3 Attachment 1 MONTALBAN i `. -y \ El LIVE EE z + a vacaNr c�`, � C T LOT \ r HEOT GE'\. / (N :� i 1 W' NO LODGE \. / WO- � TpIN MEW ± ClCo j MOTEL SITE SITE © o a i ..� UP ; 0 i ViuhrltY 950 Olivrin St. N ABM 83-99 A 0 30 60 90 Feet ® C2-4 Attachment 2 ABANDONMENT AREA OLIVE ST ---- --- S_53A3'13_W_ 553iO 3'13"W L _ _ _ _ _____ _ I / 121.45' 73.23' m , 0 0 G v C'a _£ZTL __ :9 N_5_3'02'48-E L,£0.£6N 4 73.14' i I -- _ N I 0 �.� - I r , I i m I s53v2ae'w 73.14' 1 1 1 1 0 J < 1 I 1 1 U 4Vj 414 1 ,C G X10 j N 1 g 0 .1 1 i s ' I 0 1 --------IF - ----- 1 �. PARCB . EL , 31 PM 92 1 STEAD I 1 1 MO I � O I .. 74697- 1 r OLIVE ST. f (Former FIG STREET) Highway 101 Right-0f-Way U.S. HIGHWAY 101 C2- CHORRO ST. % ' s Attachment 3 it OWNERSHIP MAP ja r \ n '. ms D >. lu I O D I� WElu D ^ K5 Y, i li`t 9 !, E i q r — ; S 13 D MORR ST r.} ol M;�• "`�::..,. .� q '.� 3:i'F* ih�.^�5i<:'�',''i)R.:;`u''�'Yu..'Y"tl��yk''M:i:: , .Y�+�'+, . I�.'a'Tk.� :.5':'.''; ;y[:#'. ��F }t .,'!`�':`', �'. :•.}<::,. .sY:j:r'i2`..:: •Y••. ••:• ',�„ .'k .v:.v' 2 2. 3 �v .d,�Q�� E �"['a'?�inn" 1 ' .�,. {>�`. .. ):.'.•.:+'mss„ Z[.$':�F::•,£„<.. lu %'iAiS:'{«'�i i�, 5:' :i'ivT�'S'i..�:Yi'):. Kf . .,':# s' '..'9 ..'i:i:' s;.1 '• `J;�'syuid:[ a'ia>}ax }£s: ?o:5':: ;.�iv:' D No o' T _ /V O �:'� ••• '::�.�f. •:• t �tt,Ct1'C.G[N M1t.9G9LN rn z :: v >Im Im I Xrea 3.DDXIgrs j M M --------------------------------- OLIVE --—--------------------------OLIVE — ST. Attachment 4 RESOLUTION NO. (2000 Series) CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF INTENTION TO ABANDON A PORTION OF THE OLIVE STREET (FORMERLY FIG STREET) RIGHT-OF-WAY AND TO ABANDON THE FULL MORRO STREET RIGHT-OF-WAY, BETWEEN STENNER CREEK AND U.S.HIGHWAY 101, (ABAN4-99) 83 WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on July 26, 2000, for the purpose of making a General Plan determination and formulating a recommendation to the City Council on a request for partial abandonment of the Olive Street (formerly Fig Street) right-of-way (RNA between Morro Street and the U.S. 101 southbound onramp, and for a full abandonment of the Morro Street R/W between Stenner Creek and U.S.Highway 101; WHEREAS, a title report prepared by First American Title Company shows that the City of San Luis Obispo has fee ownership of land underlying a portion of the Olive Street R/W, and the City has received a request to sale or trade said property; and WIIEREAS, the sale or trade of City-owned property must be done in accordance with the City Charter(Section 906),the California Government Code (Sections 54222 and 65402)and the procedures of the City's Property Management Manual; 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 and direct the sale of the City-owned property, based on findings, and subject to conditions as indicated in Planning Commission Resolution 5295-00, incorporated herein by reference; 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 the above-referenced public right-0f--ways 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 it will continue to service public needs with reservation of permanent easements for a bike/pedestdan path,creek assess and maintenance,and public utilities. C2-7 City Council ResolutionNo. (2000 Series) Paget rr! �ti LZ773 L F7 rn 1,9 m VL�, V, 5F AM r-�R L 2. The existing public right-of-way is wider than necessary to serve public circulation,utility and creek access/maintenanceneeds. 3. The street easement is unnecessary for present and prospective public use. 4 The proposed right-of-way abandonment is categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act. 5. According to the title report prepared by First American Title Company,Rajni Desai et.al.owns all of the properties surrounding this City-owned property and is the most logical party to purchase the property because the abandonment will not create a separate buildable lot given this property's small size,irregular shape and proximity to the freeway. Conditions: 1. If the Council determines that all or a portion of any "excess" right of way should be abandoned, easements must be reserved for public water, sewer and storm drain systems, pedestrian/bike access, creek assess and maintenance; and the reservation of easements for public and private utilities to the satisfaction of the City, Caltrans and the.respective utility companies. Specific details will be determined during the abandonment process, prior to adoption of a final abandonment resolution by the City Council. 2. No buildings or support structures will be allowed within the easements, other than paving and specifically approved landscaping. 3. A lot line adjustment or lot merger shall occur prior to recordation of a final abandonment resolution to eliminate landlocked parcels. Any needed private utility easements and/or necessary utility service adjustments shall be provided, as determined by the Utilities Department and Chief Building Official. 4. The applicant shall enter into an agreement to purchase the City-owned property at a fair market value based on valid appraisal. Final abandonment shall become effective upon the sale or trade of any City-owned property underlying the public right-of-way. SECTION 2. Copies of the map showing the particulars of the proposed abandonment are on file in the office of the City Clerk,at 990 Palm Street. SECTION 3. Tuesday,November 21, 2000, at 7:00 p.m. in the Council Chamber of the City Hall, 990 Pahn 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. C2-8 City Council Resolution No. (2000 Series) ATT tHMENT Page 3 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 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. 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 2nd day of October 2000. Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED: i y J ey .Jorgensen Attachment: Exhibit"X'-Street right-of-way Abandonment Map MoWs/CC/ABAN83-99Res C2-9 m -n CHMENT 5 mm SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 5295-00 WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 26, 2000, pursuant to a proceeding instituted under application ABAN 83-99, Ramesh Patel, applicant. ITEM REVIEWED: Request to abandon portions of the Olive Street and Morro Street rights-of-ways. DESCRIPTION: The project is a partial abandonment of the Olive (Fig) Street right-of-way and a full abandonment of the Morro Street right-of-way between Stenner Creek and U.S. Highway 101. A complete description is on file at the Community Development Department, City Hall. GENERAL LOCATION: 950 Olive 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: Right-of-Way Abandonment Findings 1. The proposed right-of-way abandonment is consistent with the General plan because R will continue to service public needs with reservation of permanent easements for a bike/pedestrian path; creek access and maintenance; public utilities; and a freeway landscape buffer. 2. The existing public right-of-way is wider than necessary to serve public circulation, utility and creek access/maintenance needs. 3. The street easement is unnecessary for present and prospective public use. 4 The proposed right-0f-way abandonment is categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act. CZ-10 ATTACHMEN"" 5 Resolution No. 5295-00 Page 2 Disposal of Surplus Property Findings 5. That portion of the Olive Street RNV, owned by the City of San Luis Obispo, is surplus property and is no longer need for public purposes, and disposal of said property is consistent with the City's General Plan. 6 According to the preliminary title report prepared by First American Title Company,the applicant (Rajni Desai et.al.) owns all of the properties surrounding this City-owned property and is a logical person to deal with in this matter. 7. This City-owned property is not suitable for development of public facilities or affordable housing given its small size, irregular shape, proximity to the freeway and encumbrances with public utilities and easements. 8. Disposition of the surplus property is exempt from the California Environmental Quality Act NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council find that ABAN 83-99 is consistent with the City's General Plan and approve the abandonment, based on the above findings and subject to following conditions. The Planning Commission also recommends that the City Council find the City-owned property, underlying this portion of Olive (Fig) Street right-of-way, to be surplus property and authorize its sale or exchange at a fair market value as determined by a certified.real estate appraiser, based on above findings and subject to the following conditions. Conditions 1. If the Council determines that all or a portion of any "excess" right-of-way should be abandoned, easements must be reserved for public water, sewer and storm drain systems; pedestrian/bike access; creek assess, maintenance and landscape buffer; a freeway landscape buffer, and the reservation of easements for public and private utilities to the satisfaction of the City, Caltrans and the respective utility companies. Specific details will be deteFmined during the abandonment process, prior to adoption of a final abandonment resolution by the City Council. 2. No buildings or support structures will be allowed within the easements, other than paving and specifically approved landscaping. 3. A lot line adjustment or lot merger shall occur prior to recordation of a final abandonment resolution to eliminate landlocked parcels. Any needed p v 1t1�ty Resolution No. 5295-00 ATTAIRMENT 5 . Page 3 easements and/or necessary utility service adjustments shall be provided, as determined by the Utilities Department and Chief Building Official. The foregoing resolution was approved by the Planning Commission of the City of San Luis Obispo on motion by ,Commr. Loh, seconded by Commr. Cooper, and on a separate roll call vote: AYES: Commrs. Aiken, Cooper, Whittlesey, Ready, Peterson, Loh and Osborne NOES: None ABSENT: None On a separate motion by Commr. Peterson, seconded by Commr. Aiken, the Planning Commission unanimously voted to recommend that the City Council consider obtaining pedestrian and bicycle access through the duplex property to the creek for the bicycle trail as part of the negotiations associated with the disposition of the surplus property. The Planning Commission felt that the City Council should also consider cash compensation for the City-owned property. Arnold B. Jonas, Secretary Planning Commission Dated: July 26, 2000 C2-12 ICT DRAFT ARACHME SAN LUIS OBISPO PLANNING COMMISSION MINUTES JULY 26, 2000 CALL TO ORDER/PLEDGE OF ALLEGIANCE: The San Luis Obispo Planning Commission was called to order at 7:09 p.m. on Wednesday, July 26 2000, in Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California. ROLL CALL: Present: Commissioners Jim Aiken, Orval Osborne, Mary Whittlesey, Alice Loh, Stephen Peterson, Allan Cooper, and Chairman Paul Ready Absent: None Staff Recording Secretary Leaha Magee, Development Review Manager Ron Whisenand, Associate Planner Whitney Mcllvaine, and Assistant City Attorney Gil Trujillo. ACCEPTANCE OF THE AGENDA: The Commission accepted the agenda as presented. PUBLIC COMMENT ON NON AGENDA ITEMS: There were no non-agenda comments made. PUBLIC HEARINGS: 1. 950 Olive Street. ABAN 83-99: Request to abandon portions of Olive and Morro Street rights-of-way, east of Stenner Creek and west of Highway 101; C-T zone, Nipool Patel, applicant. Associate Planner Whitney Mcllvaine presented the staff report and recommended that the Planning Commission find that the right-0f--way abandonment is consistent with the General Plan and forward a report to the City Council recommending approval of the abandonment with findings and conditions; and find that the City-owned land underlying the Olive (Fig) Street right-of-way is surplus property and recommend that City Council authorize its sale or exchange in accordance with City Property Management procedures. Commr. Peterson noted the applicant offered to give the City the creek area as a dedication as compensation for this abandonment, but staff did not support this offer. Associate Planner Mclivaine stated there were concerns from the Public Works C2-13 Draft Planning Commission A ces July 26, 2000 Page 2 AT ACH AENT Department about accepting areas of the offer of dedication because there are buildings at the top of bank. Manager Whisenand stated maintenance and liability issues are primary concerns. Commr. Peterson asked if the site plan is provided solely for information. Manager Whisenand replied yes. Commr. Loh had staff review the current zoning of the city-owned property, the Caltrans right-of-way, and the Public Works Department recommendation of an easement for pedestrian and bicycle circulation and creek/open space access, and the Utilities Department's future easement needs to accommodate wastewater lines and facilities. Commr. Osborne asked if there is currently a bicycle or pedestrian pathway in this area. Associate Planner Mcllvaine replied no, there are no specific plans at this time, but an easement reservation is recommended. Commr. Cooper noted the lack of freeway landscaping in the Caltrans right-of--way . Commr. Aiken had staff comment on the previous comments made by former Commr. Jeffrey regarding the public benefit relating to this request. There were no further comments or questions and the public comment session was opened. PUBLIC COMMENTS Rob Strong, applicant's representative, reviewed prior ownership of the property and accepted the staff recommendation. He clarified the location of the Fig Street right-of- way on staffs map, explaining that when the freeway was developed, the State required some private properties to connect the segment of Fig Street adjacent to Morro Street with a road that still remains, and is a segment of Osos Street connecting to Olive Street. He stated that any public purpose, both now and in the future, could be secured by appropriate easements. He felt that if abandonment were not recommended, the applicant would be inclined to develop the remaining Homestead Motel site with frontage on Olive Street, developed to City street standards which would perpetuate an inappropriate condition. Mr. Strong noted that last December, the Planning Commission requested the development plan. He felt it is clear that there is no public street purpose now or in the future, and the City should abandon the right-of-way. Commr. Whittlesey had Mr. Strong 'review the original alignment of Olive and Fig Streets. Mr. Strong stated the applicant is seeking fee title of the entire former street from the City, and that they would like to relocated and underground the overhead utilities. He noted the rest of the right-of-way could be retained by the City for creek maintenance or public access. C2-14 Draft Planning Commission M,...ces "ENT July 26, 2000 AT 1.4 i Page 3 Commr. Cooper had Mr. Strong clarify the location of landscaping that would be preserved. Commr. Aiken asked if the existing duplex and garage would be rehabilitated. Mr. Strong stated the intent is to leave everything south of Morro Street alignment as is. Commr. Loh commented on the applicant's benefit of using open space/creek area square footage to calculate more building coverage. Commr. Osborne expressed difficulty in seeing any public or city benefit of this proposal. Mr. Strong commented on the expenses that the City incurs by retaining a street that serves only a single owner. He stated the applicant would protest selling this property to anyone else because it would land lock the property. Seeing no further speakers come forward, the public comment session was closed. COMMISSION COMMENTS Commr. Loh 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 with findings and conditions as recommended by staff, with the a change to Finding 1 to reflect. "...creek access and creek buffer and landscaping and maintenance, and public utilities." Commr. Cooper seconded the motion. Commr. Loh recommended that the ARC consider bicycle and pedestrian circulation, especially from Olive Street to Chorro Street. Commr. Peterson recommended that the City Council seek to maintain an easement through the duplex parcel connecting all the way to the creek and that cash values to the fee title property be considered. Commr. Loh amended the motion to have Condition 1 reflect, "...must be reserved for public water, sewer and storm drain systems, pedestrian/bike access, creek access and freeway landscape buffer.` Commr. Cooper accepted the amendment to the motion. Chairman Ready referred to Finding 6 and stated he felt the Commission had not been presented with sufficient facts to make the conclusion that the applicant is "then only logical person to deal with this matter. He suggested striking "the" and replacing it with "an Commissioners Loh and Cooper amended to motion to reflect Chairman Ready's concern. Commr. Whittlesey asked if the motion considers both the surplus nature as well as the General Plan conformity in one motion. C2-15 Draft Planning Commission N. Aes ATTAC July 26, 2000 ENI Page 4 Mm M= m E Commr. Loh replied yes. AYES: Commrs. Loh, Cooper, Aiken, Whittlesey, Peterson, Osborne, and Ready NOES: None REFRAIN: None The motion carried 7-0. Commr. Peterson moved to recommend that as part of the negotiations associated with the disposition of the surplus property, that the City Council consider retaining an easement through the parcel identified as Parcel #2, the duplex property, for a Pedestrian/bicycle trail and consider cash compensation as well. Commr. Aiken seconded the motion. Commr. Loh felt creek access and a pedestrian/bicycle route from Chorro Street to Morro Street should be demonstrated on the design plan. AYES: Commrs. Peterson, Aiken, Cooper, Whittlesey, Loh, Osborne, and Ready NOES: None REFRAIN: None The motion carried 7-0. . 2877 South Higuera Street, A 89-00: Appeal of the.Hearing officer' proval of a ew panel antenna on an existing pole on the South Street Hills; 40 zone; own Castle Communication, Inc., applicant; Larry Stabler, a lant. Staff rep d this item had been withdrawn. 3. 3965 Sou i uera Street 100 Cross Street D and ER 61-00: Request for planned deveftWent zoning to allow large oJill6es and other uses consistent with the General Pla nd environmental re ' C-S zone; Weyrich Development, applicant. Associate Planner Mclivaine en the staff report and .recommended approval of the amendment to the City Coun ased upon findings and conditions. Commr. Cooper referred t able 1 . d stated he felt accountant offices and title companies would qualify having subs 'al public visitation. Associate Planner cllvaine stated uses cou a limited by the Commission if they were.determin o be inappropriate. Title com ies and accountant offices are not specifically ibited in this zoning. Com . Cooper questioned if large office cumulative i acts should be taken into co eration, especially with the Copeland project on the ho n. ciate Planner Mcllvaine stated the City's economic deve menU?*6 has 7ACHNIENT 7 CITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF RT ITEM# BY: John Shoals,Associate Planne � MEETING DATE: July 26,2000 FROM:Ron Whisenand,Development Review Manag(VI FILE NUMBER:Aban 83-99 PROJECT ADDRESS: 950 Olive Street SUBJECT: Request to abandon a portion of Olive (Fig) Street and Morro Street rights-of-way (R/W),east of Stenner Creek and west of U.S.Highway 101. SUMMARY RECOMMENDATION: 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 with findings and conditions;and find that the City-owned land underlying the Olive (Fig) Street R/W is surplus property and recommend that City Council authorize its sell or exchange in accordance with City Property Management procedures. BACKGROUND Situation The proposed project is a request to abandon a portion of the Olive(Fig)Street right-of-way(R W) and all of the Monro Street R/W between Stenner Creek and U.S. Highway 101 (Attachment 2). The Planning Commission's role is to review proposed street abandonment for consistency with the City's General Plan and to make a recommendation to the City Council. The Council will consider whether to adopt a "Resolution of Intention," which would set a public hearing to consider the matter of final abandonment. The Planning Commission initially reviewed this project on December 15, 1999. At that hearing, the Commission's comments focused on: General Plan consistency and whether the public R/Ws were needed for present and future circulation needs; continued access to any City or public utility services; creek access, improvements and maintenance;disposition,of any abandoned R/W and City-owned property; the property owner/applicant's plans for redevelopment of the Homestead Motel and the proposed abandonment area; and the public benefits to the proposed street abandonment. After lengthy discussion, the Commission voted to continue this item to a date uncertain with directions for the applicant to submit a comprehensive development plan and to study the public benefit to abandoning this public right-of-way. The applicant has prepared a conceptual design for the Homestead Motel expansion and provided additional information on the public benefits to abandoning the subject right-of-ways. A more detailed discussion of the issues is contained in the original staff report (Attachment 7)and the minutes from the December 15, 1999 meeting (Attachment 6). C2-17 A , ABAN 83-99 . 014 n T 0 ' 950 Olive Street(Patel) ri ENT . Page 2 -7 In order to abandon the right-0f--ways, the California Streets and Highways Code requires the Planning Commission to determine whether the abandonment is consistent with the City's General Plan, which means that a determination needs to be made on whether the right-of-way will be needed for present or future public purposes, including transportation/circulation,public utilities, creek access and maintenance. Staff finds the proposed abandonment to be consistent with the General Plan because the right-of-ways are not needed for present and future public transportation/circulation purposes, and access to any City and public utility services will be preserved with easements for creek access and maintenance,drainage, gas, electricity,telephone, communications. An easement will also be reserved for a future bike/pedestrian pathway between Chorro and Morro Streets. The Commission is also being asked to make a General Plan determination on the sale or exchange of the property underlying the Olive (Fig) Street R/W. According to a preliminary title report prepared by First American Title Company, the City owns a portion of the area proposed for abandonment. Typically, the sale or disposition of City-owned property must follow the procedures of the City's Property Management Manual, which requires that the property be deemed surplus and offered to the public before a private party can acquire it. The Commission's role is to determine if this land is surplus property, and to recommend to City Council if the City should sell or trade this excess land to the applicant. In staffs opinion,the applicant is the only logical person to deal with because he owns all of the land surrounding this City-owned property. Staff also finds that this City-owned property is not suitable for development as public facilities or affordable housing given its small size,irregular shape,proximity to the freeway and encumbrances with public utilities and easements. These items are discussed in the original staff report (Attachment 7). Data Summary Applicant: Nipool Patel Property Owners: Rajni M.Desai,etal. Representative: Strong Planning Services Zoning of Adjacent Property: C-T(Commercial Tourist) General Plan Designation of Adjacent Property: Tourist Commercial Environmental Status: Categorically exempt under Class 1, Existing Facilities (Section 15301. (c)of CEQA Guidelines). Project Action Deadline: Not applicable. Site description The project site consists of the right-of-ways for a portion of Olive Street and Morro Street. Olive Street is a paved frontage road adjacent to the U.S. 101 southbound onramp and R/W. The Morro Street R/W connects to Olive Street and terminates on the south side of Stenner Creek. It is presently committed to creek and storm drain channel,which serves a Caltrans culvert under U.S. 101. No significant plant or animal life exists on the site. C2-18 ABAN 83-99 950 Olive Street(Patel) WTACH REMT Page 3 - Prosect Description The proposed project is a request to abandon a portion of the Olive(Fig)Street right-of-way and all of the Morro Street right-of-way between Stenner Creek and U.S.Highway 101 (see Attachment 2). EVALUATION As noted earlier,the Planning Commission continued this item with direction, to the applicant,to submit a comprehensive development plan and to study the public benefit to abandoning this public right-of-way. The following paragraphs discuss the Commission direction and how the applicant has complied with that direction. 1. ComprehensiveDevelopmentPlan At the previous meeting, there was substantial discussion on the applicant's future plans to remodel the existing Homestead Motel and the area proposed for abandonment. Specifically, the Commission was concerned with how the future motel expansion would affect Stenner Creekand the existing single-family residences on the northwest side of the creek To address these issues, the Commission directed the applicant to submit a comprehensive development plan for the planned motel expansion. Attachment 3 is a conceptual site plan for the motel expansion. The Homestead expansion proposes to retain 15 remodeled motel rooms in the two single-story creek side buildings #2 and #3, and to demolish the centrally located motel building #1 and pool to enable new construction. The Homestead Redevelopment would involve a new three-story motel, including an office/lobby, with a new pool, landscaping with off-street parking and access driveways. In total, the Homestead Redevelopment design concept proposes a 57-room facility with office and lobby. Most of the Olive (Fig) Street right-of-way would be devoted to access driveway and off-street parking,with a small portion near the front involving a covered entry"porte cochere." According to the applicant's plans, the adjacent Econolodge Motel and two duplexes would remain without modifications to existing conditions, which means that the Morro Street R/W would continue to be used as a driveway to these residential units and as a creek/storm drain channel for a Caltrans culvert under U.S. Highway 101. It should also be noted that the land underlying the duplexes will continue to be zoned R-1 (Single Family Residential) since General Plan Land Use map or Zoning map changes are not proposed. Although the applicant has provided a comprehensive development plan, it should be noted that the project is a street abandonment request. The intent of the conceptual development plan is to show the applicant's intentions for redeveloping the overall property and the proposed abandonment area. The City's Architectural Review Commission(ARC) will be responsible for reviewing site design, building architecture,creek improvements (preservation, enhancement and maintenance), landscaping, parking and other site improvements. The ARC will also evaluate C2-19 ABAN 83-99 Me 950 Olive Street(Patel) AT FAt; Page 4 d`i the future project for neighborhood compatibility, including noise, lighting and privacy. The Planning Commission's responsibility is to review the proposed street abandonment for consistency with the City's General Plan and to make a recommendation to the City Council. Staff finds that the applicant has complied with this Commission direction. 2. Public Benefit At the December 15'' meeting, there was extensive discussion on the public benefits to abandoning these public rights-of-ways. The applicant argued that the street abandonment benefited the public by eliminating an obsolete and confusing circulation pattern with unsafe an unsafe intersection adjoining the freeway, and by reducing cost to maintaining a public street that provides access only to the private property owned by the applicant. The Commission felt that there should be a greater public benefit to abandoning these public right-of-ways. After lengthy discussion, the Commission directed the applicant to study the public benefit to abandoning this public right-of-way. The question of public benefit and public interest was discussed with the Commission during its review of the request to abandon a portion of Buchon Street next to the Union Valley Pacific Railroad right-of-way (ABAN11-99) in January of 2000. Based on future research and review, staff was able to clarify to the Commission's satisfaction that abandonment must be found in the "public interest" but not necessarily result in a "public benefit." Simply put, the California Streets and Highways Code requires that the vacation of streets, highways and public service easements be done with the public's interest in mind, but there is not a mandatory finding that a street vacation has a public benefit. Section 8324 of the Streets and Highways Codes states that: "If the legislative body funds,from all the evidence submitted, that the street, highway, or public service easement described in the notice of hearing or petition is unnecessary for present or prospective use, the legislative body may adopt a resolution vacating the street, highway or public service easement" I would note, however,that it staffs opinion that there may be situations where a street easement abandonment may have a substantial impact on the public (community), or several property owners, and public interest and benefit should be a primary consideration. One such example would be the request to abandon a portion of Palm Street, between Grove Street and Grand Avenue, which was reviewed by the Commission last year. Staff does not find that to be case in this situation. Despite the change in understanding on the public benefit issue, the applicant is proposing the following additional public benefits: C2-20 ABAN 83-99 950 Olive Street(Patel) Page 5M- I A ri ".. t . In exchange for City-owned property, the applicant is offering to dedicate the east half of Stenner Creek to the top of the bank and the triangle of land adjacent to Chorro Street,the creek and Freeway 101 to the City in fee title or open space easement. The Commission is being asked to make a determination on the City-owned property and to make a recommendation on whether the City should sell or exchange this property with the applicant/propertyowner. The City is not interested in owning and maintainingthis segment of Stenner Creek or the triangular-shaped land between Chorro Street, the creek and the freeway. 2. .The applicant will landscape and enhance riparian vegetation along all parts of Stenner Creek not occupied by buildings between Olive Street and Chorro Street, including bike and pedestrian and creek maintenance access easements determined appropriate by the City related to former street areas or redevelopment of the Homestead Motel. However, the applicant cannot agree to connect a path from Morro to Chorro,or to landscape south of the two duplexes since the creek bank abuts the freeway fence,leaving no top of bank on the east side. The City is not asking the applicant to connect the bike/pedestrian pathway, but is recommending the reservation of an easement with the specific alignment to be approved by the Public Works Director. Staff is aware that this future pathway will have to be constructed on a portion of the freeway right-of-way or a bridge structure over the creek If necessary, the City will negotiate with Caltrans to make the connection 3. The applicant will submit a development plan for Planning Commission consideration to assure that the residential neighbors and the City that the new construction and landscape designs will be considerate and compatible with homes west of Stenner Creek The applicant has submitted a conceptual development plan for the Commission's benefit; however, it should be noted that any future development of the site requires review and approval by the City's Architectural Review Commission. The ARC will evaluate all aspects of the project for compatibility with the homes west of Stenner Creek and the surrounding environment. Specifically, the ARC will analyze site design, building architecture, creek improvements (preservation, enhancement and maintenance), landscaping, parking, noise, lighting and privacy. OTHER DEPARTMENT COMMENTS The Public Works Department comments address: the reservation of easements, lot merger requirements and bicyclelpedestrian circulation. The Utilities Department comments address water and wastewater facilities. The Community Development Department - Building Division notes that depending on the final lot line configuration additional easements may be required. The Natural Resources Manager's comments focused on: the reservation of easements for creek/open space access and maintenance; and the retention of the existing trees and vegetation as well as creek improvements with future site improvements. C2-21 ABAN 83-99 . .. 950 Olive Street(Patel) A Page 6 -1 T . ALTERNATIVES 1. The Commission may also recommend that the abandonment be denied,based on a finding that a potential City need may exist for the public way in the future,or 2. Continue the request. If the Commission continues action, then specific direction should be given to staff and the applicant regarding further information needed. RECOMMENDATION Find that the partial abandonment of the Olive(Fig) Street right-of-way and the full abandonment of the Monro Street right-of-way,between Stenner Creek and U.S. 101 is consistent with the City's General Plan, and recommend that the City Council approve the abandonment, based on the following findings,and subject to the following conditions: Find the City-owned property, underlying this portion of Olive (Fig) Street right-of-way, to be surplus property and recommend that the City Council authorize its sell or exchange at a fair market value as determined by a certified real estate appraiser,based on the following findings: Findings: Right-of-Way Abandonment Findings 1. The proposed right-of-way abandonment is consistent with the General plan because it will continue to service public needs with reservation of permanent easements for a bike/pedestrian path,creek assess and maintenance,and public utilities. 2. The existing public right-of--way is wider than necessary to serve public circulation,utility and creek access/maintenanceneeds. 3. The street easement is unnecessary for present and prospective public use. 4 The proposed right-of-way abandonment is categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act. Disposal of Surplus Property Findings 5. That portion of the Olive Street R/W, owned by the City of San Luis Obispo, is surplus property and is no longer need for public purposes,and disposal of said property is consistent with the City's General Plan. C2-22 ABAN 83-99 950 Olive Street(Patel) JA A D Hi RAW Page 7 6 According to the preliminary title report prepared by First American Title Company, the applicant (Rajni Desai et.al.) owns all of the properties surrounding this City-owned property and is the only logical person to deal with in this matter. 7. This City-owned property is not suitable for development of public facilities or affordable housing given its relative small size, irregular shape, proximity to the freeway and encumbrances with public utilities and easements. 8. Disposition of the surplus property is exempt from 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, easements must be reserved for public water, sewer and storm drain systems, pedestriantbike access, and creek assess; and the reservation of easements for public and private utilities to the satisfaction of the City, Caltrans and the respective utility companies. Specific details will be determined during the abandonment process, prior to adoption of a final abandonment resolution by the City Council. 2. No buildings or support structures will be allowed within the easements, other than paving . and specifically approved landscaping. 3. A lot line adjustment or lot merger shall occur prior to recordation of a final abandonment resolution to eliminate landlocked parcels. Any needed private utility easements and/or necessary utility service adjustments shall be provided, as determined by the Utilities Department and Chief Building Official. Attachments Otho nri - Existing Site Plan -Proposed Site Plan(Concept Development Plan) =mbumWo wow* Strong Planning Services letter dated July 18, 2000 Minutes from the December 15, 1999 meeting itiWmembi- Planning Commission Staff Report dated December 15, 1999 JShoals/PC/ABAN83-992(950 Olive) C2-23 TA OLIVE ST. An ------------------ s MXOOE Z: eye nz C,4 30.QV C�, W \i �° `1 io �` > is ONUOUM in% roll -is oaaoF+o CA ---------------- OLIVE ST. . . AffACHMENT 7 M , 0 - ; •is Oaaow ----------------- - .4s..,.-... .. mac. t. r O -4 a > titi 3 d E T� 0 w = o > PQ a � Q � d d W � m wq Ie O o x d •is oaaomo C2-25 STRONG PLANNING SERVICE July 18, 2000 Mr.John Shoals, Project Planner Community Development Department CITY OF SAN LUIS OBISPO City Hall, 990 Palm Street San Luis Obispo, CA 93401 RE: Olive(Fig)and Morro Street Abandonment Homestead Motel Expansion Project, Patel Dear John: On December 15, 1999,the Planning Commission continued the above application for street abandonment, requesting that Homestead motel expansion plan be submitted for concurrent review. We delayed re-submittal until now to complete a property survey and conceptual Project design plans. These plans show the Stenner Creek open space easements and dedications by the project as well as the portions of existing street rights-cf-way that we request be abandoned. This letter will summarize our request and some of the reasons that we feel the City should abandon the street rights-of-way involved. The Patels acquired the Econolodge Motel,the Homestead Motel and the two duplexes south of Morro Street in early 1999. The intention from the start was to enable elimination of the one block long, dead-end frontage road created when the Freeway was constructed to more efficiently expand the Homestead Motel using the forrner Olive(Fig)Street right-of-way for off street parking. A short segment of Morro Street right-of-way West Of Freeway 101 is committed to a storm drainage channel which extends from Caltrans culverts under Freeway 101 to Stenner Creek. Both street rights-of-way should be abandoned to the abutting private property owners, the Patels since they are the only owners obtaining access to these obsolete public street rights- of-way.- Enclosed are three reduced drawings bD illustrate: 1) Existing site plan; 2) proposed Homestead Motel Expansion; and, 3) Proposed abandonment area, portion to be quitclaimed exclusive of utility easements, and proposed offer of creek open space easement or dedication to the City. The existing buildings,topography and property configuration, obtained by recent survey,are shown on the Existing Site Plan. Parcel A contains The Econolodge Motel. Parcel B contains the former Homestead Motel and the Fractional Block 71 parcel contains the two duplex buildings. C2-26 444 HIGUERA ST..SM 202 •SAN Luis OBISPO,CA 93401 •(805) 542-91 50 • FAX(805) 542-0902 ATTACHMEN1 The Proposed Site Plan retains the separate Econolodge Motel and two duplexes without any modifications to existing conditions. Assuming street abandonment, the Homestead Motel Expansion proposes to retain 15 remodeled motel rooms in the two, single story creekside buildings #2 and 3 and proposes demolition of the centrally located motel building #1 and pool to enable new construction. The Homestead Redevelopment would involve a three story new motel and office/lobby building adjoining new pool and landscaping with off-street parking and access driveways as shown. In total the Homestead Redevelopment design concept proposes a 57-room facility with office and lobby. Most of the Olive (Fig) Street right-of-way would be devoted to access driveway and off-street parking but a small portion near the front would involve a covered entry"porte cochere". This roofed-structure will enable a protected parking and entry driveway with a parallel open double driveway. We request that the City relinquish fee title and all utility easements in this front portion, but expect the City to retain creek maintenance access and utility easements on the remainder of both street rights-of-way. Additionally, as shown on the Proposed Dedication and Abandonment Exhibit,the Patels offer a creek open space easement or dedication on their half of Stenner Creek from approximate�top of bank to property boundary. (The other half of the creek area to the west is owned by numerous single-family residents facing Lincoln Street.) The Patels will also provide creek setback easements within 20 feet of top of bank except where occupied by existing buildings. Some of the advantages enabled by street right-of-way abandonment are: .A)It eliminates a confusing public street intersection adjoining the southbound on and off ramps to Olive/Santa Rosa Street from Freeway 101; B)It eliminates public maintenance of one block of public street providing access to a single private property owner, C)It ruins creek maintenance access and utility easements on most of the former street right-of-way across unobstructed private driveway and off-street parking areas maintained by the adjoining Homestead Motel owner, D)It proposes that the abandoned segment of Morro Street and the Stenner Creek portions of private property east of approximate centerline to top of bank be offered to the City as creek open space easements or dedicated in fee title. (This offer includes a small creekside triangle with Chorro Street access mentioned by the Planning Commission); and, E) Homed Motel Expansion will benefit the Oily by improving transient occupancy tax revenues and enhancing creekside landscaping for motel guests by enabling controlled access to Stenner Creek. In summary,we ask that the Planning Commission recommend to the City Council that these street rights-of-way be abandoned. They serve no current or future public street purpose. Sincerely, Rob Strong, AICP.. enclosures cc: Nipool Patel, APS Architect C2-27 MINUTES SAN LUIS OBISPO PLANNING COM -- — DECEMBER 15, 19 99 CALL TO ORDERIPLEDGE OF ALLEGIANCE: The San Luis Obispo Planning Commission was called to order at 7:05 p.m. on Wednesday, December 15, 1999, in Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California. ROLL CALL: Present: Commissioners David Jeffrey, Mary Whittlesey (Excused at 8:20), Alice Loh (Arrived at 8:20), Charles Senn, Stephen Peterson, and Chairman Paul Ready Absent: Commissioner Allan Cooper Staff: Recording Secretary Leaha Magee, Development.Review Manager Ron Whisenand, Associate Planner John Shoals, and Assistant City Attorney Gilbert Trujillo. ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented. PUBLIC COMMENT ON NON-AGENDA ITEMS: There were no non-agenda comments made. PUBLIC HEARINGS: 1. 950 Olive Street. ABAN 83-99: Request to abandon portions of Olive Street and Morro Street rights-of-way, east of Stenner Creek and west of US 101; C-T zone; Nipool Patel, applicant. Associate Planner John Shoals presented the staff report and recommended the Planning Commission 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 with findings and conditions. Commissioner Whittlesey asked for staff comment relating to creek bank setback. Associate Planner Shoals stated typically a 20-foot setback is required and easements or dedications for creek maintenance access and other purposes may be required. Commissioner Whittlesey asked for comment on the pedestrian way. Manager Whisenand stated that Public Works Department is requesting that the pedestrian way area be reserved for a potential bicycle path if the right-of-way is abandoned. He noted that this path is not on the City's Bicycle Plan. C2-28 Planning Commission Minute December 15, 1999 Page 2 ATTACHMENT Commissioner Jeffrey commented that the staff report indicates there would be no allowable building on Olive Street. He asked what advantages this proposal presents. Associate Planner Shoals stated that even though it would remain paved and serve as parking, the actual area could be counted towards the acreage of the property that could ultimately allow for hotel expansion in its existing boundaries. This would be a benefit to the property owner. Commissioner Jeffrey questioned the public benefit of the abandonment. Associate Planner Shoals stated there would be less pavement for the City to maintain, there would be improved access to the creek and, if the City is successful in negotiating with the applicant, an easement for pedestrians/bicyclists. Commissioner Jeffrey noted the California State and Highways Code requires a street vacation to be done in the interest of the public and not an individual property owner. Commissioner Peterson questioned the potential for creek access. Manager Whisenand stated the purpose of the access easement would be for maintenance, not public access. Commissioner Jeffrey asked what the current building height limit for the current property zoning is. Associate Planner Shoals replied 45 feet. Commissioner Jeffrey asked what the property line setback is. Associate Planner Shoals replied that in the C-T zone, a 10-foot minimum street yard is required. Chairman Ready asked if the upper portion of Olive Street was previously abandoned by the City. Associated Planner Shoals replied that it was abandoned in 1981. Commissioner Peterson asked for comment on the negotiation potential for a future bike trail. Manager Whisenand stated the ultimate decision would be up to the City Council. There were no further comments or questions and the public comment session was opened. PUBLIC COMMENT: C2-29 Planning Commission Minute - - December 15, 1999 Page 3 AsACHIAE10 Rob Strong, Strong Planning Services, 444 Higuera Street, reviewed the history of the proposal and described the proposed abandonment site and adjacent properties. He noted difficulty in envisioning how a bicycle path could be provided without a bridge being constructed. He felt that the parking advantage, the use of the street area for parking purposes, the reduction of setbacks, and the ability to develop Olive Street frontage as a private driveway instead of a public street support approval of the abandonment request. Commissioner Whittlesey asked if the abandonment were supported, would access to the duplexes become a matter of personal responsibility. Mr. Strong replied yes. Commissioner Senn had Mr. Strong explain the gabion wall .required for creek bank protection and discuss the removal of the trees that once blocked freeway noise and views. He expressed concern with the Morro Street portion of the proposal and felt it should be improved by freeway noise mitigation. Commissioner Jeffrey asked Mr. Strong to address how the City would be compensated in terms of the abandonment. Mr. Strong replied that compensation would include elimination of City maintenance of the public street, elimination of potential of curb, gutter, and sidewalk repair, and elimination of potential street improvement requirements and maintenance responsibilities. He noted the street is currently in poor repair. Seeing no further speakers come forward, the public comment session was closed. COMMISSION COMMENT: Chairman Ready commented on the poor upkeep of Lot 2 that goes to Chorro Street and suggested it be dedicated to the City as open space, and improvements be made. Attorney Trujillo and Manger Whisenand did not feel this suggestion could be included as a condition of abandonment. Commissioner Whittlesey moved that Commission find that the right-of-way abandonment is consistent with the General Plan and recommend to the City Council approval of the abandonment with the findings and conditions as noted in the staff reportCommission Jeffrey seconded the motion for discussion purposes. Commissioner Peterson could see no public benefit in granting the abandonment. He would have liked a more fully thought out plan with a design of the buildings, including a creek buffer and landscaping that would be of public benefit, or a public access trail. He could not support the abandonment as presented. Commissioner Senn expressed concern with the abandonment of the Morro Street component of the request because of the potential negative effects on the neighborhood C2-30 Planning Commission Minute December 15, 1999 Page 4 Ar —� PrArLnj.in the back. Commissioner Jeffrey questioned the real, tangible public benefits gained by this abandonment request. AYES: Commissioner Whittlesey NOES: Commissioners Jeffrey, Senn, Peterson, and Chairman Ready ABSENT: Commrs. Loh and Cooper REFRAIN: None The motion failed 1-4. Commissioner Senn moved to continue this item to a date uncertain, with the opportunity for the applicant to bring back a more comprehensive package for review by the Commission so that the issues raised and potential redevelopment of the site can be better understood. Commissioner Jeffrey seconded the motion. Commissioner Peterson asked that the motion be amended to include the provision of an elaboration on the public.benefit of this abandonment Commissioners Senn and Jeffrey accepted the amendment to the motion. Commissioner Whittlesey said she would support denial rather than a continuance so the proposal could move on more quickly to the City Council. AYES: Commissioners Senn, Jeffrey, Peterson, and Chairman Ready NOES: Commissioner Whittlesey ABSENT: Commrs. Loh and Cooper ABSTAIN: None The motion carried 4-1. 2. 682 Palm Street, A. V and ER 11499: Variance request for a height exception to allow a 46-foot high building where a 35-foot height building is allowed and to allow a possible reduction in parking; use .permit request to allow a high school in the R-3 zone; and environmental review; R-3 zone; Mission College Preparatory, applicant (Continued from December 1, 1999). Chairman Ready refrained from participation due to a potential conflict of interest Vice Chairman Jeffrey chaired this item. Commissioner Whittlesey was excused from the hearing at 8:20 due to illness and Commissioner Loh arrived at 8:20 and participated in hearing this item. Associate Planner Shoals presented the staff report and recommended approving the negative declaration, use permit, and building height variance with findings and conditions. Commissioner Peterson asked if the Architectural Review Commission's suggested C2-31 CITY OF SAN LUIS OBISPO AT ACHMENT _ PLANNING COMMISSION STAFF REPORT ITEM# 1 BY: John Shoals,Associate Planner MEETING DATE: December 15, 1999 FROM:Ron Whisenand,Development Review Manage� FILE NUMBER:Aban 83-99 `` PROJECT ADDRESS: 950 Olive Street SUBJECT: Request to abandon a portion of Olive (Fig) Street and Morro Street rights-of-way, east of Stenner Creek and west of U.S. Highway 101. SUN MIARY RECOMMENDATION: Find that the right-of-way abandonment is consistent with the General Plan and forward a report to the City Council recommending approval the abandonment with findings and conditions. BACKGROUND Situation This item was continued,without discussion,from the November 17, 1999 meeting. The applicant is requesting that the City of San Luis Obispo abandon a portion of the rights-of-way of Olive Street (formerly Fig Street) and Morro Street. The portion of Olive Street,proposed for abandonment,is a paved frontage road adjacent to the U.S. 101 southbound onramp and R/W. It serves as access only to the Homestead Motel and two duplexes on Morro Street. The Morro Street R/W connects to Olive Street and terminates on the south side of Stenner Creek. It is presently committed to creek and storm drain channel improvements,which serve Caltrans culverts under U.S. 101. . The applicant owns all of the parcels fronting the right-of-way. His plans are to have the R/W abandoned and merge the parcels to facilitate the remodel and expansion of the Homestead Motel. By acquiring ownership of the abandoned RNV area, the applicant would be able to increase the number of bedrooms at the motel. It should be noted that the existing motel is on C-T (Tourist- Commercial) land and the adjoining parcel, with the duplexes, is zoned R-1 (low density residential). Therefore,any plans to expand the motel on to the R-1.zoned property will require a General Plan Amendment and rezone. Although no formal development plans have been submitted,the applicant's representative indicates that the rights-of-way would continue to be used for access and parking. The Planning Commission should,however,be aware that the California Streets and Highways Code requires a street vacation(R/W abandonment)be done in the interest of the public and not an individual property owner. The General Plan Circulation Element designates both roadways as local streets,and does not call for any future roadway improvements. The Public Works Department indicates the desire to provide a bike and pedestrian pathway from Olive Street to Chorro Street, and is requiring a C2-32 A;r, -r7 ABAN 83-99 V9, 950 Olive Street(Patel) Page 2 bike/pedestrian easement in abandonment area. Since both RfWs contain private and public utilities, easements must be reserved to assure the continued operation of these facilities. Abandoning the rights-of-way will benefit the public by: allowing for the improvement of a confusing circulation system involving Olive Street and the U.S. 101 southbound on ramp; and reducing the City's pavement maintenance responsibilities for these public rights-of-way. The Planning Commission must consider the matter regarding General Plan consistency and make a recommendation to the City Council. The City Council will 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. Data Summary Applicant: Nipool Patel Property Owners: Rajni M. Desai,etal. Representative: Strong Planning Services Zoningof Adjacent Property: C-T(Commercial Tourist) General Plan Designation of Adjacent Property: Tourist Commercial Environmental Status: Categorically exempt under Class 1,Existing Facilities(Section 15301.(c) of CEQA Guidelines). Project Action Deadline: Not applicable. Site description The project site consists of the right-of-ways for a portion of Olive Street and Morro Street. Olive Street is a paved frontage road adjacent to the U.S. 101 southbound onramp and RfW. The Morro Street RfW connects to Olive Street and terminates on the south side of Stenner Creek. It is presently committed to creek and storm drain channel which serves a Caltrans culverts under U.S. 101. No significant plant or animal life exists on the site. Promect Description General Plan consistency determination on a requested abandonment of a public right-of-way. EVALUATION In order to abandon the right-of-way, the California Streets and Highways Code requires the Planning Commission to determine whether the abandonment is consistent with the City's General Plan. This means that a determination needs to be made on whether the right-of-way will be needed for present or future public purposes. In addition,continued access to any City or public utility services and improvements needs to be properly preserved. The following paragraphs discuss pertinent issues associated with the request and evaluate whether the public way will be needed for future City purposes: C2-33 ABAN 83-99 950 Olivee Street(Patel) Page 3 ATTAUnmENT- 7 1. Future Circulation Needs The General Plan Circulation Element designates both roadways as local streets and does not provide for any future roadway improvements. In conjunction with any future development on the property,the Public Works Department intends to provide for a bike and pedestrian pathway from Olive Street to Chorro Street, in which case an easement beyond this abandonment will be required and integrated into future development plans. To facilitate this future bike and pedestrian pathway, the Public Works Department is recommending the reservation of an easement with the specific alignment to be approved by the Public Works Director. 2. Public Utilities The Olive Street right-of-way is occupied by an underground storm drain and several public utilities. The Public Works Department supports the proposed abandonment and recommends that the entire right-of-way be reserved as an easement for these facilities. The easement abandonment proposal was sent to the local utility companies for their review and comment. Charter Communications has underground and surface facilities in the area and would like to be included in the abandonment process. 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 also has gas piping facilities within the proposed abandonment area,and it requests that a permanent easement be reserved to allow for the continued use and operation of its facilities. Caltrans was also contacted to address its existing facilities within the Morro Street R/W. Caltrans and the local utility companies will be notified if the City adopts a Resolution of Intention to abandon the right-0f-way. The Public Works Department supports the proposed abandonment, subject to reservation of necessary easements. These easements will insure that the affected local utilities retain rights to repair and service their facilities within the area proposed for abandonment. 3. Creek Access 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. C2-34 ABAN 83-99 — - 950 ABOlive Street(Patel) ENT 7 Page 4 11 Since Olive and Morro Streets provide public access to Stenner Creek,abandoning the right-0f--way with the reservation of proper easements would not conflict with the General Plan. Therefore,staff recommends that if the City Council decides to abandon the R/W that an easement be reserved for open space,creek access/maintenancepurposes. 4. Disposition of Abandoned Rig-ht-of-Way Abandoned Right-of-Way First American Title Company prepared a preliminary title report (lot book guarantees)to verify ownership of the land underlying the portion of the right-of-way proposed for abandonment. The purpose of this exercise was to determine who would own the land once the rights-0f--way are abandoned. With exception of those portions owned by the City and State of California, the applicant owns most of the properties adjacent to the subject right-of-ways. The following paragraphs briefly discuss property ownership. According to the title information,any portion of Morro Street abandoned by the City of San Luis Obispo, would revert back to the owner of the adjacent properties, which in this case is the applicant According to the Lot Book Guarantee documents, the property underlying the Olive Street R/W was acquired by the Caltrans,as part of the freeway construction,to provide access to the parcels on Morro Street Public records show that this property was relinquished to the City of San Luis Obispo in 1955. As such,this property underlying the Olive Street R/W appears to be owned by the City,and would need to be acquired from the City of San Luis Obispo. If the Council decides to abandon the right-of-way,it must decide how the property should be disposed of prior to a final action on the abandonment. The applicant has requested that the City quitclaim any rights to the property and transfer title to the adjacent property owners. However,since the City owns this property in fee,any future sale of the property must be in accordance with the City Charter and the California Government Code. Section 906 of the City Charter requires that any sale of City property be by resolution. Government Code Section 65402 requires the Planning Commission to prepare a report concerning consistency with the General Plan. Government Code Section 54222 requires the offer of the property to: the Housing Authority for low-income housing;the Parks and Recreation Department for recreational or open space purposes;the San Luis Coastal School District for school purposes; or any other entity of association desiring to purchase or lease the land for low- and moderate- income housing opportunities. In staff's opinion,the site is not suitable for housing development given its small size, irregular shape,and close proximity to the freeway. It should also be noted that the required easements for creek access/maintenance,open space and public utilities will prohibit the construction of structures in this area Staff recommends that the Planning Commission find that the disposition of surplus property is consistent with the City's General Plan and exempt from the California Environmental Quality Act C2-35 ABAN 83-99T 950 Olive Street(Patel) TtUHMENT Page 5 OTHER DEPARTMENT COMMENTS The Public Works Department comments address: the reservation of easements, lot merger requirements and bicycle/pedestrian circulation. The Utilities Department comments address water and wastewater facilities. The Community Development Department - Building Division notes that depending on the final lot line configuration additional easements may be required. The Natural Resources Manager's comments focused on: the reservation of easements for creek/open space access and maintenance; and the retention of the existing trees and vegetation as well as creek improvements with future site improvements. ALTERNATIVES 1. The Commission may also recommend that the abandonment be denied,based on a finding that a potential City need may exist for the public way in the future,or 2. Continue the request. If the Commission continues action, then specific direction should be given to staff and the applicant regarding further information needed. RECOMMENDATION Recommend that the City Council approve the abandonment,based on the following findings,and subject to the following conditions: Findings: Right-of-Way Abandonment Findings 1. The proposed right-of--way abandonment is consistent with the General plan because it will continue to service public needs with reservation of permanent easements for a bike/pedestrian path,creek assess and maintenance,and public utilities. 2. The existing public right-of-way is wider than necessary to serve public circulation,utility and creek access/maintenanceneeds. 3. That portion of the Olive Street R/W, owned by the City of San Luis Obispo, is surplus property- 4. roperty4. The right-of-way abandonment will be benefit the general public by eliminating an obsolete and confusing circulation and maintenance problem. 5. The proposed right-of--way abandonment is categorically exempt from environmental review under Section 15301 of the Califomia Environmental Quality Act. C2-36 A AN 83-99 950 Olive Street(Patel) ., Page 6 6EM W Q Disposal of Surplus Property Findings 6. The surplus property is a portion of the right-of-way that is no longer need for public purposes and disposal of said property is consistentwith the City's General Plan. 7. Disposition of the surplus property is exempt from 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, easements must be reserved for public water, sewer and storm drain systems, pedestrian/bike access, and creek assess; and the reservation of easements for public and private utilities to the satisfaction of the City, Caltrans and the respective utility companies. Specific details will be determined during the abandonment process, prior to adoption of a final abandonment resolution by the City Council. 2. No buildings or support structures will be allowed within the easements, other than paving and specifically approved landscaping. 3. A lot line adjustment or lot merger shall occur prior to recordation of a final abandonment resolution to eliminate landlocked parcels. Any needed private utility easements and/or necessary utility service adjustments shall be provided, as determined by the Utilities Department and Chief Building Official. Attachments = o&- Strong Planning Services letter Excerpt from City Charter, Section 906 rMliw�ll�-Excerpt from California Government Code, Section 54222 JShoals/PGABAN83-99(950 Olive) C2-37 STRONG PLANNING SERVICES April 21, 1999 ATTA-CH-MENI Mr. Mike McCluskey, Director Public Services Department CRY OF SAN WIS OBISPO 955 Morro Street San Luis Obispo,CA 93401 Attn: Mr. Jerry Kenny and Mr.Ahold Jonas RE: Abandonment of Morro and Olive Streets Dear Mr. McCluskey: Thank you for meeting with me on April 12 to discuss the proposed abandonment of Olive(Fig)Street and Morro Street right94-way west of Freeway 101 (see enclosed map). My clients,the Pateis, have purchased the Eaonolodge,the former Homestead Motel property and the two duplexes at the end of this dead-end frontage road. This consolidates all of the private properties east of Stenner Creek and west of Freeway 101,enabling this street abandonment reqs The Morro Street right-of-way is currently committed to creek and storm drain channel which serves Cattrans culverts under Freeway 101 outlet to Stenner Creek. The former Fig street alignment, now Olive Street, is paved but generally lads any frontage improvements southwest of the ramps and serves as access only to the Homestead Motel and former Jones property. We intend to redevelop both with a new motel and off-street parldng,subject to these street abandonment's,with access driveway on Olive Street east of the Eoonolodge. I am requesting title reports on all three private properties southwest of Freeway 101 ramps and east of Stenner Creek and will submit them to the City with the formal application and filing fee. This redevelopment should be a major improvement W the east bank of Stenner Creek and the tauist-serving commercial complex at this central interchange with Freeway 101. It will eliminate an obsolete and confusing circulation and maintenance problem while enabling portions of the former rights-4-way to be returned to productive private use. Please call me if I can provide further information for the City Council to initiate the requested street abandonment process. We appreciate your assistance with this request. Rob g,Al enclosure cc: Ramesh Patel Ahold Jonas C2-38 444 HrGuERA ST.,STE.202 • SAN Luis OBisRo.CA 93401 •(805) 542-9150 • FAX(805) 542-0902 Any willful abridgement of any provinof TTACHMENI nemorandum as required above, shall be considered a misdemeanor. SECTION 905. Progress Payments. Any contract may provide for progressive payments if the ordinance or resolution authorizing such work includes such a provision. No progressive payments may be provided for or made at any time which with prior payments, if there have been such, shall exceed in amount at any time ninety percent (90%) of the value of the labor done and the materials used up to that time, and no contract shall provide for or authorize or permit the payment of more than ninety percent (90%) of 'the contract price before the completion and acceptance of the work. SECTION 906. Sale or Lease of City Property. The following regulations shall be applicable to City-owned property: No sale or lease of real property nor any sale of personal property of a value in excess of one hundred dollars ($100.00) nor any lease of personal property for a period exceeding three (3) years shall be authorized by the Council except by resolution passed by the affirmative vote of three-fifths (3/5) of all the members of the Council. SECTION 907. Exemptions. Nothing in this article shall be construed to apply to the acquisition or purchase of natural gas, telephone service, electricity, electric power or electric energy by the City for any use or purpose. SECTION 908. Development of Annexed Lands. Lands annexed to the City may only be developed at a time and in a manner consistent with the General Plan adopted by the City and as may be amended from time to time by the Council. (Amended November 5, 1985 - Measure "E".) ARTICLE X. LICENSES AND FRANCHISES SECTION 1001. Granting of Franchises. The City Council is empowered to grant by ordinance a franchise to any person, firm or corporation,whether operating under an existing franchise or not, to furnish the City and its inhabitants with transportation, communication, terminal facilities, water, light, heat, power, refrigeration, storage, or any other public utility of public service, and to use the public streets,ways, alleys, and other places, as the same now or may hereafter exist, for the construction and operation of plants, works, or equipment necessary or convenient for traversing any portion of the City for the transmitting or conveying of any service elsewhere. The City Council may prescribe the terms and conditions of any such grant. It may also provide, by procedural ordinance, the method of procedure and additional terms and conditions for making such grants, subject to provisions of this Charter. 16 C2-39 ATTACHMENT 7 § 54221 GOVERNMENT CODE GOVERNMI "surplus land"means land owned by any agency of the state, or school purpose: (b) As used in this article,the term"surp MOT ar any local agency,that is determined to be no longer necessary for the agents use,except property being lana held by the agency for the purpose of exchange (c) As used in this article,the term"open-space purposes"means the use of land for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources. (Amended by Stats.1984,e. 1: (d) As used in this article,the term"persons and families of low or moderate income"means the same 1350, § 1.5; St as provided under Section 50093 of the Health and Safety Code. 1991; Stats.19t (e) As used in this article. the term "exempt surplus land" means • • • either of the following: (1) Surplus land which is transferred pursuant to Section 25539.4. 1981 Amendm. • • (2) Surplus land which is(A)less than 5,000 square feet in area (B less than the minimum legal redesignated fon residential building lot size for the misdiction'in which the parcel is located, in square feet in area, inserted"or assoc whichever is less, or LQ) has no record access and is less than 10,000 square feet in area; and is not and also inserted contiguous to land owned by a state or local agency which is used for park,recreational,openspace,or ceding"shall not: low- and moderate-income housing purposes and is not located within an enterprise zone pursuant to Amendment of Section 7073 nor a designated program area as defined in Section 7082 If the surplus land is not sold to falled to become, an owner of contiguous land,it is not considered exempt surplus land and is subject to the provisions of that w this article. Section 4 of St (f) Notwithstanding subdivision (e), the following properties are not considered exempt surplus land fire if all prov f the f and are subject to the provisions of this article: "(L Senate BE (1) Lands within the coastal zone. 7481(2)SB 1686 (2) Lands within 1,000 yards of a historical unit of the State Parks System the Governmentbecomes effective (3) Lands uithin 1,000 yards of any property that has been listed on,or determined by the State Office tivel. of Historic Preservation to be eligible for, the National Register of Historic Places. "(b) If any of t do not occur the (4) Lands within the Lake Tahoe region as defined in Section 66905.5. Section"" 'S (Amended by Stats.19SS, c. 964, § 1; Stats.1989, c. 208, § 1.) "This a for taxable a § 54222 Offer to sell or lease property 1. 198L" Any agency of the state and any local agency disposing of surplus land shall,prior to disposing of that Section 20 of S.This net std property, send a written offer to sell or lease the property as follows: leo.514[Stats.19: (a) A written offer to sell or lease for the purpose of developing lou-- and moderate-income housing is chaptered and shall be sent to any local public entity as defined in Section 50079 of the Health and Safety Code,within site Geos ame whose jurisdiction the surplus land is lgcated. Housing sponsors, as defined by Section 50074 of the on Health and Safety Code,shall.upon written request,be sent a written offer to sell or lease surplus land § 9605. for the purpose of developing low-and moderate income housing. All notices shall be sent by first-class Amendments o mad and shall include the location and a description of the property. R dth respect to any offer to Stats.1985,a 83, purchase or lease pursuant to this subdivision, priority shall be given to development of the land to provide affordable housing for lower income elderly or disabled persons or households,and other lower § 542_2.3. Di income households. (b) A written offer to sell or lease for park and recreational purposes or open-space purposes shall be Section 5422: sent: agency of the: (1) To any park or recreation department of any city within which the land may be situated. (Added by Sta- (2) To any park or recreation department of the county within which the land is situated. (3) To any regional park authority having jurisdiction within the area in which the land is situated. § 54225 Con (4) To the State Resources Agency or any agency which may succeed to its powers. (c) A written offer to sell or lease land suitable for school facilities construction or use by a school Any public a a "« a ,nstehon the land is purposes, for district for o s ce ses shall sent co an auaw. - purposes may I located. of such land. (d) A written offer to sell or lease for enterprise zone purposes any surplus property in an area designated as an enterprise zone pursuant to Section 7073 shall be sent to the nonprofit.neighborhood (Amended by enterprise association corporation in that zone. (e) A written offer to sell or lease any surplus property in a designated program area,as defined in subdivision(d)of Section 7082,shall be sent to the program area agent 198+ Amends t or lease the surplus load for low- and moderate- purposes ' m (ff The entity or association desiring o purchase ceding"t income housing purposes, or for park or recreation purposes,or for open space purposes or for public J� Additions or changes Indicated by underline; deletions by asterisks 192 C2-4 Section rV-Public Property, Public Works and Public Utilities IV-25 (2) PROCEDURE L • (a) OPTIONAL PROCEDURE. State lawprovides an optional procedure for cities to use in disposing of real property. See Cal. Gov't Code H 37420 - 37430. The procedure involves finding the public interest and convenience require the sale and adopting a resolution of intent to sell. Cal. Gov't Code § 37421. (b) CONTENT OF RESOLUTION OF INTENT. The resolution of intention must fix the time for public hearing, provide for published notice and contain an accurate description of property. Cal. Gov't Code § 37422. (c) PUBLICATION. The resolution must be published at least once in a daily newspaper and posted at least ten days in three conspicuous places on property. Cal. Gov't Code § 37423. (d) OVERRIDING PROTESTS. A four-fifths vote of the city council is needed to override any protests to sale. Cal. Gov't Code § 37425. (3) SURPLUS PROPERTY AND LOW- AND MODERATE-INCOME HOUSING (a) INVENTORY. On or before December 31 of each year a city must prepare an inventory of property which "is in excess of its foreseeable needs" and must provide the inventory to any person who requests a copy. Cal. Gov't Code § 50569. (b) NOTICE TO HOUSING PROVIDERS. Before a sale of real property, the city must send written offers of surplus property for low-income housing to any city or county in which the property is located. Cal. Gov't Code § 54222(a). The offer must also be sent to any "housing sponsor" as defined by California Health and Safety Code section 50074, who requests it. (c) SALE AND REVERTER. The city may sell the property for development for housing for persons of low- or moderate-income and the deed conveying title must include a clause reverting the property to the city if the property. is no longer used for such purposes. Cal. Gov't Code § 50570. (4) OPEN SPACE, PARK AND RECREATIONAL PROPERTY Offers to sell park and recreation or open-space property must be sent to the park or recreation department of any city or county in which the property is located,the regional park authority, or the state Resources Agency. Cal. Gov't Code § 54222(b). League of Caffornin Cities The California Munic, 1*6WIRldbook 1995 Edition