HomeMy WebLinkAbout11/19/1991, C-5 - STREET ABANDONMENT - CONSIDERATION OF REQUEST TO ABANDON A PORTION OF BOYSEN AVENUE NEAR NORTH SANTA ROSA STREET. 1111IV„II�I�1110 11$ V' r MEETING OATS:
p� II Ing°►► c� o san pais og�spo ��-�9-9�
NNIZO COUNCIL AGENDA REPORT R°" NUMBER�`-
PR �j� old Jonas, Community Development Director; By: Jeff
H724sssociate Pl er
SUBJECT: Street Abandonment - Consideration of request to abandon
a portion of Boysen Avenue near North Santa Rosa Street.
CAO RECOMMENDATION: Adopt a resolution of intent to abandon the
requested street portion, and set a public hearing on December 10,
1991 to consider abandonment.
BACKGROUND
On October 23rd, the Planning Commission approved a use permit for
a new restaurant and office building at the former Crest Pizza site
at 179 North Santa Rosa Street (State Highway 1) . As a related
item, the Commission recommended that the City Council approve
abandonment of a small portion of unused Boysen Avenue right-of-
way. Before the City Council can take action on the street
abandonment request, State law requires that the council adopt a
resolution of intent to abandon to provide adequate public notice.
ADVISORY BODY RECOMMENDATION
The Planning Commission recommends that the City Council abandon
the small portion of Boysen Avenue which historically has been part
of the Crest Pizza Restaurant parking lot. If abandoned, the
right-of-way would be added to the restaurant site through a lot
line adjustment. Commissioners approved the use permit (Use Permit
1529, attached) and agreed with City and CalTrans engineering staff
that the right-of-way was not needed for existing or future street
purposes.
EVALUATION
Steiner Properties proposes a 31300 square foot Carl 's Jr.
restaurant on the former Crest Pizza site, located at the south
corner of Boysen Avenue and North Santa Rosa Street. A two-story,
2,900 square foot office building is also proposed on the 1/2 acre
site. The applicant wants the City to abandon a portion of Boysen
Avenue right-of-way, and adjust lot lines to add the abandoned
right-of-way to the restaurant site. This project would share
driveway access with the adjacent University Square Shopping
Center.
The abandonment involves a 1,543 square foot portion of Boysen
Avenue which has historically been used as parking area for the
Crest Pizza Restaurant and for University Square Shopping Center.
The right-of-way was created with Tract 66, recorded in 1952, and
apparently was intended to allow for a frontage road or highway-
design right turn lane from Boysen Avenue onto North Santa Rosa
Street. Its location appears based on a much wider Highway 1 than
needed under current standards. CalTrans and the City Engineer
C'S -1
�����►b►ii�uIIIIIIIIIP��1Q1���111 city of san Lacs o6ispo
A
MoGe COUNCIL AGENDA REPORT
Staff Report
Page 2
have no objections to the abandonment, and indicate that the right-
of-way portion is not needed now, nor is it likely to be needed in
the future. Public utility companies also support the abandonment,
provided that an easement for utilities is retained. Upon
abandonment, ownership of the right-of-way would revert back to.the
underlying property owners and reflected in a new record of survey
to be recorded pursuant to conditions of the lot line adjustment.
ALTERNATIVE
1. Do not adopt a resolution of intent to abandon. If the right-
of-way portion is not abandoned, the project will have to be
redesigned since a portion of the proposed restaurant is
located within the right-of-way to be abandoned. In this
case, the approved use permit plans could not be implemented.
Attachments:
-Draft Resolution
-Vicinity Map
-Street Abandonment Map
-Use Permit U1529
RESOLUTION NO. (1991 Series)
A RESOLUTION OF INTENTION TO ABANDON A PORTION -OF BOYSEN AVENUE
NEAR NORTH SANTA ROSA STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. It is the intention of the City of San Luis Obispo
to abandon a portion of Boysen Avenue near its intersection with
North Santa Rosa Street (State Highway 1) , as shown on the map
marked Exhibit "B", attached hereto and incorporated herein by such
reference, pursuant to Section 8300 et. seq. of the Streets and
Highways Code, and that the abandonment shall be subject to the
following finding and conditions:
Finding
1. The public right-of-way to be abandoned is not needed for
present or future street purposes.
Conditions
1. The final street abandonment shall be recorded concurrently
with the record of survey and certificate of compliance for
Lot Line Adjustment LLA 91-139.
2. Applicant shall offer for dedication to the City and show on
the record of survey or final map an easement for utilities
within the right-of-way to be abandoned, to the approval of
the utility companies and the City Engineer.
SECTION 2. Copies of the map showing the particulars of the
proposed abandonments are also on. file in the office of the City
. Clerk, at 990 Palm Street.
SECTION 3. Tuesday, December 10, 1991, in the Council Chamber
of the City Hall, 990 Palm Street, San' Luis Obispo, California is
the time and place set for hearing all persons interested in or
objecting to the proposed abandonment, which time is not less than
Cs-3
Council Resolution No. (1991 Series)
Page 2
fifteen (15) days from the passage of this resolution.
SECTION 4. This resolution, together with the ayes and noes,
shall be published once in full at least 'ten (10) days before the
public hearing on the proposed street abandonments, in the
Telegram-Tribune, a newspaper published and circulated in this
city.
SECTION S. The City Engineer shall post at least three (3)
notices of the proposed abandonments in prominent locations near
the portion of the street 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 abandonments within ten (10) days after
adoption of the Resolution of Intention in accordance with Section
8347 of the Streets and Highways Code.
On motion of , seconded by
and on the following
roll call vote:
AYES:
NOES: '
ABSENT:
the foregoing resolution was passed and adopted this
day of , 1991.
C5- �
Council Resolution No. (1991 series)
Page 3
Mayor Ron Dunin
ATTEST:
Pam Voges, City Clerk
APPROVED:
ty Adm n strat ve Off cer
t
Community Dev. 1 pment Director
� 2
Public Works Director
Attachment: Exhibit A, Street Abandonment Map
CS-5
t,-, rt,S".isti yr.�
..• .irtil Pyr•7 . :{.`', IN
.x� -.. i�:. r...�s
7.
aita,uwa,�W,iITilei,>•,w�,�ral�,�,�,�,�t�„�,�,�,�
CLOS o 10
•� do ti,,� : .
El
r -v a� •tom.
S J is p�Y y�\` /�� I`� \•ofs arq
G ��I �is • � � I�
'rj • �•• �`- V I A A
R-4 , • �� r_
0
C �
1
O A80191
-R—S
r � Y p •mrr �� ,� .
Aim 7 an
rP .•1
..
n117) •a.. wr Y[�i.rrr.l
-UA s
a N MOt-7• Ai7-� 1 rbabhr!
n n ^Xgk-73mt x'91 .•�•••
I ws••% its cr.••
"} a Ivo
M w-u•i r . • .2
••r4w• M N(r• ••.. L,•- ..�7L .11
C-N 00 40
w r
sv�`vrvas
Ila I gill r o
' iimi
2 310.
PORTION OF BOYSEN STREET RIGU-OF-WAY TO BE ABANDO*IID, {
USE PERDIIT U1529 - Reauest to allow new restaurant and
office building at 179 No. Santa Rosa
Street (State Highway 1)
EXHIBIT
Cs- 7
� fll�n ►►�II�
Wll�' city of sAn tuIS OBISPO
SM I
MIM 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
October 29, 1991
Steiner Properties
846 Higuera Street #2
San Luis Obispo, CA 93401
Subject: Street Abandonment
Use Permit U1529
179 North Santa Rosa Street
The Planning Commission, at-its meeting of October 23, 1991, recommended to the City
Council approval of your request to abandon a portion of Boysen Avenue near Santa
Rosa Street. The action was based on the following.findings and conditions:
Findina:
1. The portion of right-of-way to be abandoned is not needed for present or future
public purposes.
Conditions:
1. The final street abandonment shall be recorded concurrently with the record of
survey and certificate of compliance for Lot Line Adjustment LLA 91-139.
2. Applicant shall offer for dedication to the City and show on the record of survey
or final map an easement for utilities within the right-of-way to be abandoned to
the approval of the utility companies and the City Engineer.
The action of the Planning Commission is a recommendation to the City Council and,
therefore is not final. This matter has been tentative1v scheduled before the council on
November 19, 1991, for consideration of a "Resolution of Intention to Abandon." If the
council adopts such a resolution, it will also set a public hearing to consider final
abandonment. That public hearing would take place approximately thirty days later.
This date, however, should be verified with the City Clerk's office.
The Planning Commission also approved your request to allow a new restaurant and
office project at 179 North Santa Rosa Street. Approval is based on findings and subject
to conditions contained in the attached resolution.
C5- �
9
Steiner Properties
Page 2
This decision of the commission is final unless appealed to the City Clerk within ten dayS
of the action. An appeal may be filed by any person aggrieved by a decision of the
commission.
If the use or structure authorized by this use permit is not established within one year of
the date of approval or such longer time as may be stipulated as a condition of approval,
the use permit shall expire. See Municipal Code Section 1758.0701). for possible
renewal.
If you have any questions, please contact Jeff Hook at 781-7176.
S cerel
Arnold B. Jonas, ctor
Community Development
cc: Rob Strong
Steve Frank
Attachment: Resolution No. 5074-91
SAN LUIS OBISPO PLANNING COMMISSION
RESOLUTION NO. 507491
WHEREAS, the Planning Commission of the City of San Luis Obispo did
conduct a public hearing in the City Council Chamber of the San Luis Obispo City Hall,
San Luis Obispo, California, on October 23, 1991, pursuant to a proceeding instituted
under application No. U1529 by Steiner Properties, applicant.
USE PERMIT REQUESTED:
To allow a new restaurant and office project.
PROPERTY DESCRIPTION:
On file in the office of Community Development, City Hall.
GENERAL LOCATION:
179 North Santa Rosa Street.
GENERAL PLAN LAND USE ELEMENT:
Retail-Commercial.
PRESENT ZONING:
C-R-S.
WHEREAS, said commission as a result of its inspections, investigations,
and studies made by itself, and in its behalf and of testimonies offered at said hearing,
has established existence of the following circumstances:
1. The proposed use will not adversely affect the health, safety or welfare of persons
living or worldng at the site or in the vicinity.
2. The proposed use is appropriate at the proposed location and will be compatible
with surrounding land uses.
3. The proposed use conforms to the General Plan and Zoning Regulations.
6.5-gyp .
Resolution No. 5074-91
Use Permit U 1529
Page 2
4. The proposed off-site parking is appropriate at the proposed location since it is
within a commercial zone, and is within 300 feet of and controlled by the use it
serves.
5. The proposed common driveways are appropriately located, and are not likely to
cause conflicts between the parties sharing the driveways due to design, usage, or
other characteristics.
6. The project has been evaluated under the California Environmental Quality Act
and the City's Environmental Guidelines, and based on the initial environmental
study, supporting information, and public comments the Planning Commission
concurs with the Community Development Director's negative declaration, subject
to the following mitigation measures being included in the project:
A. Developer shall install a southbound right turn lane on Santa Rosa Street
at Boysen Avenue, to the approval of the City Engineer and CalTrans, and
shall culvert the existing drainage swale along the west side of North Santa
Rosa Street as needed to accommodate the right turn lane.
B. Developer shall enter into agreement with the City to install traffic signals
at Santa Rosa Street and Boysen Avenue, to the approval of the City
Engineer and CalTrans. Developer's fee toward total cost of signalization
shall be based on either. 1) the project-added traffic on Boysen Avenue
expressed as a percent increase over traffic levels identified in the traffic
study by Skiles, June 10, 1991; or 2) 33 1/3 percent of the signalization
cost, whichever is greater (estimated total cost of signalization is $125,000).
Fees not used by the City within five years of restaurant final occupancy
for the post-occupancy traffic study or for signal improvements shall be
returned to the developer.
C. Prior to construction permit issuance, the developer shall deposit $50,000
with the City to cover estimated costs of a post-occupancy traffic study to
be done by the city within six (6) months of restaurant final occupancy;
and to cover the estimated signal fee. Said traffic study shall compare
post-occupancy traffic volumes, intersection capacity impacts, and driveway
movements with the project traffic study by Skiles, June 10, 1991, and shall
include a signal warrant study and side street delay field counts. If signals
are not installed by the City within five (5) years of restaurant occupancy,
the developer's signal fees less traffic study costs shall be refunded.
D. Prior to construction permit issuance,*the developer shall contribute
toward the cost of installing a southbound left turn lane on North Santa
Rosa Street at Boysen Avenue, to the approval of the City Engineer and
CalTrans. The contribution shall be 33 1/3% of the City Engineer's
Resolution No. 5074-91
Use Permit U 1529
Page 3
estimate of the total construction cost of installing the southbound turn
lane, not to exceed $10,000. Developer funds shall be refunded if the
southbound left turn lane is not installed within five (5) years of restaurant
final occupancy.
E. Developer shall provide bicycle storage lockers to accommodate at least
four (4) bicycles, in addition to bicycle parking required by Zoning
Regulations.
F. Project design features shall be included to direct pedestrian flow to and
from the intersections on North Santa Rosa Street rather than to a
midblock point.
G. Developer shall install upgraded street lighting at North Santa Rosa and
Boysen-Avenue to improve vehicle and pedestrian safety, to the approval
of the City Engineer and Caltrans. The lighting shall be installed prior to
restaurant final occupancy.
H. The Community Development Director shall monitor the project for
compliance with these mitigation measures and may at any time modify,
add, or delete mitigation measures if the above mitigation measures are
determined to be ineffective or physically infeasible. Such changes shall be
limited to measures which would meet the intent of the original mitigation.
NOW, THEREFORE, BE IT RESOLVED that application No. U1529 be
approved subject to the following conditions:
1. At least forty-nine (49) vehicle parking spaces shall be available for the uses at
all times. Nineteen (19) of the required vehicle parking spaces may be located
off-site at the University Square Shopping Center, 948 Foothill Boulevard.
2. Applicant shall submit a common driveway and off-site parking agreement to the
Community Development Director for review, approval and recordation. The
agreement shall provide that the off-site parking shall be available in perpetuity
for the proposed use, or until the required parking is otherwise provided pursuant
to the Zoning Regulations.
3. If for any reason the off-site parking becomes unavailable, the applicant shall
notify the City's Community Development Director in writing within 30 days of
the loss of required parking. At that time, the applicant shall otherwise meet city
parking requirements, and submit evidence of compliance, to the Director's
approval.
C'S- 1z00�
Resolution No. 5074-91
Use Permit U 1529
Page 4
4. The applicant shall relocate the existing 6" water main and dedicate a utility
easement for its new location, to the approval of the Utilities Director. The
relocated water main shall be upsized to 8" diameter line, to the approval of the
Utilities Director and City Engineer.
The foregoing resolution was adopted by the Planning Commission of the City of
San Luis Obispo upon the motion of Commr. Gurnee, seconded by Commr. Williams,
and upon the following roll call vote:
AYES: Commrs. Gurnee, Williams, Karlesl nt, Kot}ral is, and Hoffman
NOES: None
ABSENT: Commrs. Peterson and Schmidt
Arnold B. Jonas, Secretary
Planning Commission
DATED: October 23, 1991
C5-13
Whitney Mcllvaine will be
presenting planner at meeting
tentative
AGENDA
ARCHITECTURAL REVIEW COMMISSION
Regular Meeting
November 18, 1991 Monday 5:00 p.m.
ROLL CALL: Commrs. Melinda Bradford, Woody Combrink, Allan Cooper, Madi
Gates, Curtis Illingworth, Bruce Sievertson, and Chairperson Mike
Underwood
PUBLIC COMMENT: At this time, people may address the commission about items
not on the agenda. Persons wishing to speak should come forward
and state their name and address. Comments are limited to five
minutes per person. Items raised at this time are generally referred
to the staff and, if action by the commission s necessary, may be
scheduled for a future meeting.
NOTE: The commission will take a dinner break between 6:30 and 7:00
p.m.
MINUTES: Regular meeting of October 14, 1991. Approve or amend.
PLEASE NOTE: Any court challenge to the action taken on public hearing items on
this agenda may be limited to considering only those issues raised at
the public hearing, or in written correspondence delivered to the
City of San Luis Obispo at, or prior to, the public hearing.
PROJECTS:
whit 1. ARC 91-90: 870 Mission Street; renovation of mini-park; R-1 zone; final review.
(Continued from October 14, 1991) (35 minutes)
whit 2. ARC 91-05: Stenner Canyon Road; expand and remodel city water treatment
plant; county zoning; final review. (Conceptually reviewed February 19, 1991)
(30 minutes)
greg 3. ARC 91-121: 339 Marsh Street; demolish gas station; C-R zone. (20 minutes)
judy 4. ARC 91-111: . 473 High Street; add 2-unit apartment to site with existing house;
R-2 zone; final review. (25 minutes)
judy 5. ARC 91-112: 3857 South Higuera Street; new printing and publishing complex
for the Telegram-Tribune; M-SP zone; conceptual review. (40 minutes)
ARC Agenda
November 18, 1991
Page 2
ken 6. ARC 91-128: 136 North Chorro Street; add storage building at fire station; PF
zone; final review. (25 minutes)
SIGNS:
jeff 7. ARC 90-95: 1141 Chorro Street; storefront remodel for commercial building; C-
C-H zone; signing plan. (Final approval granted October 15, 1990) (20 minutes)
COMMENT & DISCUSSION:
8. Staff
9. Commission
ADJOURN to a regular meeting of the Architectural Review Commission scheduled for
December 2, 1991, at 5:00 p.m., in the Council Hearing Room (Room 9) of City Hall,
990 Palm Street.
� 5- 15
Whitney Mcllvaine will be
presenting planner at meeting
tentative
AGENDA
ARCHITECTURAL REVIEW COMMISSION
Regular Meeting
November 18, 1991 Monday 5:00 p.m.
ROLL CALL: Commrs. Melinda Bradford, Woody Combrink, Allan Cooper, Madi
Gates, Curtis Illingworth, Bruce Sievertson, and Chairperson Mike
Underwood
PUBLIC COMMENT: At this time, people may address the commission about items
not on the agenda. Persons wishing to speak should come forward
and state their name and address. Comments are limited to five
minutes per person. Items raised at this time are generally referred
to the staff and, if action by the commission s necessary, may be
scheduled for a future meeting.
NOTE: The commission will take a dinner break between 6:30 and 7:00
p.m.
MINUTES: Regular meeting of October 14, 1991. Approve or amend.
PLEASE NOTE: Any court challenge to the action taken on public hearing items on
this agenda may be limited to considering only those issues raised at
the public bearing, or in written correspondence delivered to the
City of San Luis Obispo at, or prior to, the public hearing.
PROJECTS:
whit 1. ARC 91-90: 870 Mission Street; renovation of mini-park; R-1 zone; fmal review.
(Continued from October 14,. 1991) (35 minutes)
whit 2. ARC 91-05: Stenner Canyon Road; expand and remodel city water treatment
plant; county zoning; final review. (Conceptually reviewed February 19, 1991)
(30 minutes)
greg 3. ARC 91-121: 339 Marsh Street; demolish gas station; C-R zone. (20 minutes)
judy 4. ARC 91-111: .473 High Street; add 2-unit apartment to site with existing house;
R-2 zone; final review. (25 minutes)
judy 5. ARC 91-112: 3857 South Higuera Street; new printing and publishing complex
for the Telegram-Tribune; M-SP zone; conceptual review. (40 minutes)
C5-l�
ARC Agenda
November 18, 1991 _
Page 2
ken 6. ARC 91-128: 136 North Chorro Street; add storage building at fire station; PF
zone; final review. (25 minutes)
SIGNS:
jeff 7. ARC 90-95: 1141 Chorro Street; storefront remodel for commercial building; C-
CH zone; signing plan. (Final approval granted October 15, 1990) (20 minutes)
COMMENT & DISCUSSION:
8. Staff
9. Commission
ADJOURN to a regular meeting of the Architectural Review Commission scheduled for
December 2, 1991, at 5:00 p.m., in the Council Hearing Room (Room 9) of City Hall,
990 Palm Street.
C Irl