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Home My WebLink About09/02/2003, BUS 2 - ACCEPTANCE OF AN OFFER OF DONATION OF A 1.84 ACRE PROPERTY ON SAN LUIS OBISPO CREEK AT PRADO ROAD A council q j acEnaa Report CITY O F SAN LUIS O B I S P O FROM: Wendy George, Assistant City Administrative Officer 4 Prepared By: Neil Havlik,Natural Resources Manager SUBJECT: ACCEPTANCE OF.AN OFFER OF DONATION OF A 1.84 ACRE PROPERTY ON SAN LUIS OBISPO CREEK AT PRADO ROAD AND SOUTH HIGUERA STREET CAO RECOMMENDATION Authorize the Mayor to accept the donation of a 1.84 acre parcel on the west side of San Luis Obispo Creek at Prado Road and South Higuera Street from Mr. John Kuden, his wife Marilyn, and Mr. Terry Orton, dba San Luis Creek Associates, subject to easements of record and any non-substantive changes approved by the City Attorney. DISCUSSION The site consists of a 1.84 portion of the 4.79 acre San Luis Creek Associates property at 3440 South Higuera Street. The proposed donation constitutes that portion of the property westerly of the existing centerline of San Luis Obispo Creek. Past development plans for the property have all anticipated that the westerly portion of the property (as well as the creek corridor) would remain as open space, although part of the west side was theoretically developable outside of the creek setback area if connected to the property to the west. However, the owners have recently decided to donate said land to the City, as the Bob Jones City-to-the-Sea Trail is proposed to cross it, and the site offers certain potential for enhancement of the already high quality riparian habitat that exists there. (Attachment 1) The 2.95 acres of the property on the easterly side of San Luis Obispo Creek are currently being developed with an office complex. The Planning Commission considered the offer at its meeting of June 11, 2003, and found the proposal to be consistent with the City's General Plan. (Attachment 2) The site is part of the corridor of San Luis Obispo Creek, and has been identified as an important link in the Bob Jones City-to-the-Sea Trail. The donation will enable the City to move forward with the trail project and resource enhancements in timely fashion. FISCAL IMPACT Acquisition of the property by the City will not entail any direct new expenses. City staff have offered to cover minor expenses of reconveyance, if any, imposed by the property's lender, Mid- State Bank; these costs would be borne by the Natural Resource Protection Program operational budget. There have been problems of encampments on this and other nearby sites in the past, and patrol and citation of these encampments will continue. There will ultimately be increases in maintenance when the Bob Jones Trail is built through this area; however, those costs will only a - i Council Agenda Report—Acceptance of an Offer of Donation of 1.84 Acre Property on San Luis Obispo Creek Page 2 be a small portion of the overall cost of trail maintenance. CONCURRENCES The Public Works Department and the Parks and Recreation Department both support the acquisition for its importance as part of the Bob Jones Trail and its protective features for this portion of San Luis Obispo Creek. ALTERNATIVES None are recommended. Attachment: 1. Letter Offer from San Luis Creek Associates 2. Planning Commission Minutes—June 11,2003 3. Resolution and Map Exhibit A G/HavUlcouncilagenda/kuden offer A�1�ChM August 19, 2003 RECEIVED Honorable City Council AII6 2 5 2003 City of San Luis Obispo SLO CITY CL 990 Palm Street CLERK San Luis Obispo, CA 93401 RE: Offer to Donate Real Property Dear Mayor Romero and Councilmembers: San Luis Creek Associates is pleased to offer the City of San Luis Obispo, as the steward of public lands for its citizens, a donation of 1.84 acres of real property along San Luis Obispo Creek at Prado Road, in the City of San Luis Obispo, for the public benefit purposes of habitat protection, open space, and recreational trail use. Sincerely, John Kuden, Marilyn Kuden&Terence K. Orton San Luis Creek Associates a-3 SAN LUIS OBISPO PLANNING COMMISSION MINUTES JUNE 11, 2003 CALL TO ORDER/PLEDGE OF ALLEGIANCE: The San Luis Obispo Planning Commission was called to order at .00 p.m. on Wednesday, June 11, 2003, in the Council Chamber of City Hall, 990 P Im Street, San Luis Obispo, California. ROLL CALL: Present: Commissioners Jim Aiken, Allan Cooper James Caruso, Alice Loh, Michael Boswell, Carlyn Christianson, and hairperson Orval Osborne Absent: None Staff: Associate Planner Jeff Hook, eputy Community Development Director Michael Draze, Natural Re urce Manager Neil Havlik, Assistant City Attorney Gil Trujillo, and R ording Secretary Irene Pierce. ACCEPTANCE OF THE AGENDA- The agenda was accepted as esented. APPROVAL.OF THE MI TE: The Minutes of Janu 8, January 22, and April 23, 2003, were accepted as amended. .PUBLIC COM TS ON NON AGENDA ITEMS: MaryBeth chroeder, 2085 Wilding Lane, commented that the State of California has been rui d with wrong power and noted the Governor has put this state into billions of dollar of debt. She expressed concerns that she does not want San Luis Obispo get into ebt with wrong spending. here were no further comments made from the public. BUSINESS ITEMS: 1. 3440 South Higuera Street. GPC 58-03; General Plan Conformity Report to determine that the acquisition of a portion of the property along the creek is consistent with the General Plan; C-S-S zone; City of San Luis Obispo, applicant. Natural Resource Manager Neil Havlik presented an overhead map of the proposed property and gave a brief description of the property. He explained the location of the 1.84 acres that would be donated to the City. He noted the Planning Commission is being asked to determine and report to the City Council, that the proposed donation of real property conforms to the General Plan., a -4 Planning Commission Mii :s _ AITAcHMEIV 12 June 11, 2003 Page 2 Commr. Aiken questioned if the location of the bikeway would remain in the same location previously reviewed. Natural Resource Manager Havlik replied yes. Commr. Aiken asked if the rest area would project slightly into that area. Natural Resource Manager Havlik replied yes. Commr. Aiken questioned if an adequate setback would still be maintained from the creek and the riparian habitat area. Natural Resource Manager Havlik replied yes. Commr. Aiken expressed support for the donation of this property. Commr. Loh commented on the good work Mr. Havlik did for the City on this project and felt the City should accept this piece of land. Chairperson Osborne questioned which of these acquisition criteria might apply to this particular property. Manager Havlik responded that Items A, B, D, E, and F would apply. Commr. Loh felt that Item C also fits the criteria because it is related to the Public Health and Safety, and is next.to Highway 101. Chairperson Osborne questioned if a finding needs to be made for any of these criteria. Manager Havlik explained that a finding should be made that it is consistent with the City's General Plan. PUBLIC COMMENTS: MaryBeth Schroeder, 2085 Wilding Lane, expressed support for the donation of this land. There were no further comments made from the public. COMMISSION COMMENTS: Commr. Aiken moved that the City accept the donation of the fee title to the City of San Luis Obispo as consistent with the Open Space Policy: the following Items A, B, C, D, E, and F. Seconded by Commr. Cooper. a-� Planning Commission Mil. ;s 'i IAcHMl�Itll j June 11, 2003 b Page 3 AYES: Commrs. Aiken, Cooper, Caruso, Loh, Boswell, Christianson, & Osborne NOES: None ABSENT: None ABSTAIN: None The motion carried 7-0. Commr. Aiken expressed that it is a pleasure to accept a piece of property into the City's property holdings in this fashion. Chairperson Osborne concurred with Commissioner Aiken. 2. Citywide. GPA and ER 33-02; Status of the Housing Element Update; City of San Luis Obispo, applicant. Deputy Community Development Director Michael Draze presented some background on the Housing Element. He explained what the Housing Element Task Force has accomplished so far and what would be expected in the next few months. Associate Planner Jeff Hook recapped what was discussed on the Draft Housing Element, noting that the Planning Commission had approved a work scope for the Housing Element Update a year ago and they are little more than half way through completing this workscope. He mentioned that producing goals, policies, and programs is what remains to be worked on. He explained the number of units above-moderate, moderate, low, and very-low housing, which they felt they could realistically develop during the term of this Housing Element. He noted staff is drafting the goals, policies, and programs at this time, and the next step is developing the quantified objectives which relate to the Regional Housing Needs Allocation approved by SLOCOG. He mentioned a planning intern was hired to help with the process, and noted they have asked the Planning Commission to host workshops to familiarize the community with the Housing Element Update proposed policies and programs and to get their feedback as part of the update process. He stated the input they are getting from the Housing Element Update Task Force is available for staff, and staff is using it as they develop these policies. Commr. Cooper asked if the Committee would continue past July or would their task be completed by then. Deputy Director Draze explained the Task Force would stay in effect until the Housing Element is adopted. Commr. Cooper noted they are six months behind schedule and questioned if they are hoping to truncate the time they had allotted for the next section 3. Deputy Director Draze explained that Jeff Hook has been working much overtime on this, so the staff time is being compressed to get this draft ready. a � � i. ATTACHMENT ,.. 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACCEPTANCE OF AN OFFER OF DONATION OF A 1.84 ACRE PROPERTY ON SAN LUIS OBISPO CREEK AT PRADO ROAD AND SOUTH HIGUERA STREET WHEREAS, San Luis Creek Associates, JV, ("Grantor") is the owner in fee simple of certain real property in the City of San Luis Obispo, California, described in the attached Exhibit A (the "Property to be Donated") and forming a portion of San Luis Obispo County Assessor's Parcel Number 053-051-059; and WHEREAS, the Property to be Donated possesses natural resource values including wildlife and plant resources, scenic values, and recreational values of great importance to Grantor and to the people of the City of San Luis Obispo; and WHEREAS, Grantor intends that the above-mentioned values should be preserved and maintained by the transfer of the property to public ownership; and WHEREAS, this Offer of Donation is voluntary on the part of the Grantor; and WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of the State of California that is authorized by law to accept such donations; and WHEREAS, the City of San Luis Obispo agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the above-mentioned values of the Property to be Donated for the benefit of this generation and the generations to come. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Accepts the offer of donation of 1.84 acre portion of San Luis Obispo County Assessor's Parcel Number 053-051-059 as indicated in Exhibit A;and 2. Authorizes and directs the Mayor to accept a deed to the Property to be Donated on behalf of the City of San Luis Obispo. Q�q ATTACHMENT 3 Approved and adopted this 2nd day of September, 2003. On motion of . seconded by and on the following roll call vote: AYES: NOES: ABSENT: David F. Romero, Mayor ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: Jo n Lowell a -g ATTACH ENT , IFRAMROAD N 64' 21' 30" W 263.64' R-1 N 64' 19' 28" W 263.70' M cn CL Ir.0 i O •p i 4> coo ori cn I its oo� N W 'L i C) o Li iLJ ! II o ori It M Q V) w w I a z *b 2b 00o �� j w04 � •t � 'n i� � � � ph Z i { a^o� cr LLJ of h� ao i CLcm ��6�Or, z 0 � za00 ww - - �' ami I CV N = Q i i O N 'L d IM cnLI t , o Wil . 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