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HomeMy WebLinkAboutItem 3 - LOVR at Calle Joaquin (GENP-0251-2020)PLANNING COMMISSION AGENDA REPORT SUBJECT: General Plan Conformity Report for the acquisition of property adjacent to Los Osos Valley Road from the California Department of Transportation (Caltrans) to the City of San Luis Obispo (City). Property will continue to be used as roadway right-of-way. This property relinquishment by Caltrans is exempt from environmental review. PROJECT ADDRESS: Western edge of Los Osos BY: Shelsie Kloepper, Engineer III Valley Road at Calle Joaquin Phone Number: (805) 783-7735 Intersection E-mail: skloepper@slocity.org FILE NUMBER: GENP-0251-2020 FROM: Tyler Corey, Principal Planner RECOMMENDATION Adopt the attached Planning Commission Resolution (Attachment 1), which finds and reports to the City Council, that the proposed acquisition conforms to the General Plan. SITE DATA Applicant City of San Luis Obispo Representative Shelsie Kloepper, City of SLO Zoning N/A (Caltrans Right-of-way) General Plan N/A (Caltrans Right-of-way) Site Area ~24,120 square feet (Attachment 2) Environmental Status Exempt from CEQA under Section 15061(b)(3) because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Meeting Date: June 24, 2020 Item Number: 3 Item 3 Packet Page 54 GENP-0251-2020 Page 2 SUMMARY 1.0 COMMISSION’S PURVIEW Section 65402 of the California Government Code requires the local agency make a finding of General Plan conformance whenever a governmental entity proposes to acquire or dispose of a property. The Planning Commission reviews the project for a determination of conformity with the General Plan and reports its findings to the City Council. 2.0 BACKGROUND The LOVR interchange project was a joint project between the City and Caltrans. Caltrans retained ownership of the right-of-way within the on and off ramps to Highway 101. There is one portion of Caltrans right-of-way that no longer is a part of the interchange infrastructure and is better suited for the City to own and maintain due to its location adjacent to City right-of-way and intersection with a local access road (Attachment 3). In 2004 the City requested relinquishment of this section of Caltrans right-of-way (Attachment 4), but the relinquishment was never completed. The request was due to the relocation of the southbound on-ramp outside of the property in question. Additionally, since the original request, Calle Joaquin Road was realigned and placed across the existing Caltrans right-of-way. Since local roads are not allowed to cross freeway right-of-way it is crucial for the City to acquire this property in order to keep access to the west end of Calle Joaquin Road. The property in question was surveyed by Caltrans in 2019 (Attachment 5) and will provide the City right-of-way for Calle Joaquin and all associated turn lanes. The right-of-way will transition from City to Caltrans at approximately the half-way point in the south bound on-ramp turn lane. This relinquishment will create a new Caltrans right-of-way limit that is consistent with the opposite side of the Los Osos Valley Road. 3.0 PROJECT INFORMATION The property in question is Caltrans right-of-way that was not needed for the Los Osos Valley Road and Highway 101 Interchange project completed in 2014. The proposed acquisition consists of approximately 24,120 square feet of land. The property currently contains City maintained landscaping, creek corridor, frontage improvements including curb, gutter, and sidewalk, as well as a portion of Calle Joaquin Road and associate turn lanes. The City is proposing to acquire this property from Caltrans for existing infrastructure in City right-of-way. The property in question is located within the City limits and will remain within the City limit line. No additional changes to the infrastructure are proposed with this acquisition. 4.0 PROJECT ANALYSIS The following excerpts are from applicable General Plan Land Use Element (LUE) and Circulation Element (CE) policies. Staff’s response to each policy as it relates to the proposed project may be found below the policy language. Land Use Element, Policy 2.2.4: Neighborhood Connections The City shall provide all areas with a pattern of streets, pedestrian network, bicycle facilities that promote neighborhood and community cohesiveness. There should be continuous sidewalks or paths of adequate width, connecting neighborhoods with each other and with public and commercial services and public open space to provide continuous pedestrian paths throughout the city. Item 3 Packet Page 55 GENP-0251-2020 Page 3 Connectivity to nearby community facilities (such as parks and schools), open space, and supporting commercial areas shall also be enhanced, but shall not be done in a method that would increase cut- through traffic. Staff Response: The proposed right-of-way will provide neighborhood cohesiveness between the commercial services available at the west end of Calle Joaquin Road to Los Osos Valley Road. The acquisition of land for the road and frontage improvements will provide a continuous path along Los Osos Valley Road for pedestrians and cyclists that is operated and maintained by the City without the need for encroachment permits and the oversight of Caltrans. Land Use Element, Policy 2.2.5: Neighborhood Open Links The City shall treat streets, sidewalks, and front setbacks as a continuous open link among all areas of the City and with all land uses. These features should be designed as amenities for light, air, social contact, and community identity. Staff Response: The proposed right-of-way will provide neighborhood cohesiveness by connecting City right-of-way through the Calle Joaquin Intersection including associated turn lanes. The proposed right-of-way will also connect the sidewalk along Los Osos Valley Road. Circulation Element, Policy 7.1.2: Street Networks The City shall manage to the extent feasible the street network so that the standards presented in Table 2 are not exceeded. This will require new development to mitigate the traffic impacts it causes or the City to limit development that affects streets where congestion levels may be exceeded. The standards may be met by strengthening alternative modes over the single occupant motor vehicle. Where feasible, roundabouts shall be the City’s preferred intersection control alternative due to the vehicle speed reduction, safety, and operational benefits of roundabouts. Staff Response: Acquisition of the property for right-of-way access complies with the CE direction to manage the street network by providing a connection through Calle Joaquin Road from the intersection of Los Osos Valley Road to the west end of the road. Circulation Element, Policy 7.1.3 Growth Management & Roadway Expansion The City shall manage the expansion of roadways to keep pace with only the level of increased vehicular traffic associated with development planned for in the Land Use Element and under the City’s growth management policies and regional transportation plans. Staff Response: The proposed right-of-way relinquishment will consolidate roadway ownership for Calle Joaquin as intended by the associated developments along Calle Joaquin and the responsibility of the City to manage the expansion of roadways. Summary Staff finds the acquisition of the right-of-way by the City to be in conformance with the General Plan. The proposed right-of-way will fulfill the City’s Land Use and Circulation Element policies for enhancing neighborhood connections, cohesiveness and improve traffic circulations by connecting Calle Joaquin Road with the intersection of Los Osos Valley Road. Item 3 Packet Page 56 GENP-0251-2020 Page 4 5.0 CONSISTENCY COVID-19 ORDERS AND CURRENT FISCAL CONTINGENCY PLAN This activity is presently allowed under the State and Local emergency orders associated with COVID-19. 6.0 ENVIRONMENTAL REVIEW Section 15061(b)(3) states a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The determination of General Plan conformity for the acquisition of land for City right-of-way is not subject to CEQA because the project will not have a significant effect on the environment since it is a policy review of whether land acquisition is consistent with the General Plan. Any future development related to the proposed right-of-way will be subject to environmental review as required under CEQA. 7.0 OTHER DEPARTMENT COMMENTS The project has been reviewed by various City departments and divisions including: Planning, Engineering, Transportation, and Natural Resources staff. Staff has not identified any unusual site conditions or circumstances that would require special conditions. 8.0 ALTERNATIVES 8.1 Continue the item. An action to continue the item should include a detailed list of additional information or analysis required to make a determination of General Plan conformity. 8.2 Deny the property acquisition. Deny the property acquisition based on findings of inconsistency with the General Plan, Zoning Regulations or other pertinent City policies or standards. Commission to provide specific findings for denial. Staff does not recommend this alternative because this property is essential to maintaining access to the west end of Calle Joaquin Road. 9.0 ATTACHMENTS 1. Draft Resolution 2. Property Acquisition Exhibit 3. Request Letter from California Department of Transportation 4. Request Letter from City of San Luis Obispo 5. Property Acquisition Survey Item 3 Packet Page 57 R ______ RESOLUTION NO. PC-XXXX-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DETERMINING GENERAL PLAN CONFORMANCE FOR THE ACQUISITION OF PROPERTY ADJACENT TO LOS OSOS VALLEY ROAD FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) TO THE CITY OF SAN LUIS OBISPO (CITY) WITH AN EXEMPTION FROM ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED JUNE 24, 2020 (GENP-0251- 2020). WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 24, 2020, for the purpose of considering application GENP-0251-2020; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Commission makes the following findings: 1. The acquisition of land for right-of-way will not harm the general health, safety, and welfare of people living or working in the vicinity because the proposed right -of-way is consistent with the General Plan and the existing neighborhood pattern. 2. The proposed project is consistent with General Plan Land Use Element policies 2.2.4. and 2.2.5 and Circulation Element policies 7.1.2 and 7.1.3, which encourages the enhancement of neighborhood connections, cohesiveness and improvements of traffic circulation. SECTION 2. Environmental Review. Section 15061(b)(3) states a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The determination of General Plan conformity for the acquisition of land for City right-of-way is not subject to CEQA because the project will not have a significant effect on the environment since it is a policy review of whether acquiring land is consistent with the General Plan. Any future development related to the proposed right-of-way will be subject to environmental review as required under CEQA. Item 3 Packet Page 58 Resolution No. _____ (2020 Series) Page 2 SECTION 3. Action. The Planning Commission does hereby determine General Plan Conformity of GENP-0251-2020. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2020. ____________________________________ Tyler Corey, Secretary Planning Commission Item 3 Packet Page 59 TextExisting AccessControl LineExisting AccessControl LineExisting AccessControl LineCity Limit LineCity ofSan Luis ObispoCounty ofSan Luis ObispoProposed Relinquishment AreaExisting State RW LineProposed State RW LineNew Access Control LineProposed State RW LineNo Access controlCaltrans to retain AccessControl Line within relinquished area.Calle JoaquinCounty RoadCalle JoaquinCity StreetL o s O s o s V a l e y R o a d C i t y S t r e e t L o s O s o s V a l e y R o a d C i t y S t r e e t £¤101Exhibit B - Aerial Imaged Relinquishment AreaItem 3Packet Page 60 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” STATE OF CALIFORNIA------- CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF TRANSPORTATION 50 HIGUERA STREET SAN LUIS OBISPO, CA 9 3401-5415 PHONE (805) 549-3016 EMAIL paul.valadao@dot.ca.gov www.dot.ca.gov March 11, 2020 File: 05-SLO-101-PM 25.9 Relinquishment No. 11578 SHELLY STANWYCK (Attn: Matt Horn) Interim Director of Public Works City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Dear Ms. Stanwyck: California Department of Transportation (Caltrans) wishes to relinquish a portion of Los Osos Valley Road to the City of San Luis Obispo, as shown on the attached maps as Segment 1. This relinquishment is made in accordance with the terms of the attached letter from the City of San Luis Obispo Director of Public Works, dated June 10, 2004 whereby the City expressed intent to seek relinquishment of said Segment 1. Please review the proposed relinquishment. If the relinquishment is acceptable to the City, please provide; A Letter of Acceptance, to include similar language as the sample attached, and preferably containing a waiver of the 90-day notice of “Intention to Relinquish” requirement, signed by the City personnel authorized/delegated by the City Council to accept the relinquishment. Caltrans is planning to include this relinquishment in the May 2020 California Transportation Commission Meeting agenda. For convenience, City may respond to this offer by filling out the attached form. Please return the signed form or City resolution by March 26, 2020. If you have any questions, please call me at 805.549.3016 or email at paul.valadao@dot.ca.gov. Sincerely, Paul Valadao, P.E. Project Manager Enclosures Relinquishment Map SLO Public Works Letter dated June 10, 2004 Hazardous Waste Summary dated March 11, 2020 Sample Letter of Acceptance Item 3 Packet Page 61 Item 3 Packet Page 62 STATE OF CALIFORNIA CALIFORNIA STATE TRANSPORTATION AGENCY DISTRICT COUNTY ROUTE SHEET NO.TOTAL SHEETS 05 SLO 101 1 1 NOTES LEGEND DATEREVISIONSBYR/W PROJECT SURVEYOR: - - - - - - - - - - RIGHT OF WAY SHEET PM 25.9 (R) RELINQUISHMENT MAP of digital images of this map. shall not be responsible for the accuracy or completeness NOTE: The State of California or its officers or agents Access Superseded Access Prohibited monument set) point. (Does not imply Indicates calculated as noted Indicates Found Monument Indicates Radial Bearing Access Opening (Private) Existing R/W Superseded Portion to be relinquished Access Relinquished PROJECT ID: DEPARTMENT OF TRANSPORTATION CALIFORNIA STATE TRANSPORTATION AGENCY STATE OF CALIFORNIA DEL NORTE SISKIYOU MODOC HUMBOLDT TRINITY SHASTA LASSEN TEHAMA MENDOCINO GLENN BUTTE PLUMAS SIERRA NEVADA PLACERYUBACOLUSA LAKE YOLO NAPASONOMA EL DORADO MARIN AMADOR ALPINECALAVERASCONTRA COSTA TUOLUMNE MONO SANTA CLARA SANTA CRUZ STANISLAUS MARIPOSA MERCED MADERA FRESNO MONTEREY INYO TULARE KINGS OBISPO KERN SANTA BARBARA VENTURA LOS ANGELES SAN BERNARDINO RIVERSIDE IMPERIALSAN DIEGO ORANGE SOLANO ALAMEDA MENTOSACRA-JOAQU INSAN SAN BENITO SAN LUISSUTTERSAN FRANCISCO SAN MATEO LOCATION MAP FEET 0 25 50 100 150 PROFESSIONAL LAND SURVEYOR LS7674 Joseph L Bloom resolution. California Transportation Commission until recordation of related The State's rights are not extinguished State Highway Map Book 2 page 316 filed in San luis Obispo County according to the map 5-23A and 5-25; N 26^12'30" E, betweeen center line monuments center line bearing of US Route101 The basis of bearings for this map is the CITY OF SAN LUIS OBISPO Dec.31, 2020 L OS OSOSVALLEYROADCALLEJOAQUIN C ALL E JOAQUIN AUTOPARKWAYLOSOSOSROAD VALLEYTO LOS OSOSBridge No. 49-0185L Los Osos Valley Road Overcrossing CITY LIMIT CITY LIMITCreek Obispo Luis San Prefumo Creek REQUEST NO. 11787 RELINQUISHMENT TO DESIGN: EA(s): FA#:0H7300 05 0000 0082 CITY OF SAN LUIS OBISPO OF US ROUTE 101 IN THE RELINQUISHMENT OF A PORTION N26^12'30"E (R) Stamped "5-23A" Brass Disk in Concrete Station 663+79.22 Centerline Monument Stamped "5-25" Brass Disk in Concrete Station 683+99.90 Centerline Monument SEGMENT ONECITY LIMITCI TY LI MI T101 US 670 675 680 685 CITY OF SAN LUIS OBISPO TO SAN LUIS OBISPO TO SANTA MARIA 101US SEGMENT ONE DETAIL SEE DETAIL FEET 0 25 50 100 150 U.S. ROUTE 101 CENTER LINE 672+00 673+00 674+00 675+00 676+00 677+00 2020.68' (R) 671+38 488.26' Lt. SEGMENT ONE 671+38488.26'L OS OS OS VALLEY R OAD State Highway Map Book 2 page 316 R = San Luis Obispo County N0^57'52"E 177.34' '72.861 =L '006 =R "80'40^61 = N15^06'16"W 161.61' 563.90' Lt. 655.92' Lt. 672+98.41 674+38.62 762.60' Lt. 675+60 S23^41'30"E 50.00' 336.81' Lt. 673+32.95 1228 OR 707 Record e d 3 /6 /1963 P a r. 3 Re linqu ish me n t 1050 S 23^41'30"E 421.96' 10 0.59'N66^18'30"E 673+65.16 375.05' Lt. 672+14.88 672+61.44 462.39' Lt. 424.55' Lt. 673+48.36 533' Lt. N66^18'30"E 10 0.59' S 23^41'30"E 421.96' 50' 35'N65^51'22"E 99.84' N12^53'00"W 60' N12^53'00"W 112' 10/19/19 October 19, 2019 Nove mber 1967 14 5 7 OR 27 3 Cou nty to State Parcel 17 5 2 P.O.B.N63^47'30"WItem 3 Packet Page 63 General Plan Conformity Report for the acquisition of a portion of right- of-way adjacent to Los Osos Valley Road from Caltrans to the City SHELSIE KLOEPPER Property Description Location: ◦West of Los Osos Valley Road near the interchange at HWY 101 ◦Between the south bound HWY 101 on-ramp and Calle Joaquin Road Size: ◦Approximately 24,120 square feet Property Components: ◦Street Improvements ◦Frontage Improvements ◦Landscaping Reason for Acquisition Property is to be used for City right-of-way Property required for Calle Joaquin Road Access Property required for existing sidewalk and road improvements adjacent to Los Osos Valley Road Compliance with General Plan Policies LUE Policy 2.2.4: Neighborhood Connections ◦To provide neighborhood cohesiveness between Calle Joaquin and LOVR LUE Policy 2.2.5: Neighborhood Open Links ◦Connecting City right-of-way through the Calle Joaquin Intersection including associated turn lanes. CE Policy 7.1.3: Growth Management & Roadway Expansion ◦Provide a complete roadway for Calle Joaquin traffic CE Policy 7.1.2: Street Networks ◦Provides a connection to manage the street network Recommendation Staff recommends: Adopting a resolution which determines and reports to the City Council that the proposed acquisition conforms to the General Plan. ◦The acquisition of land will not harm the general health, safety, and welfare of people living or working in the vicinity because the proposed right-of-way is consistent with the General Plan and the existing neighborhood pattern. Questions