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HomeMy WebLinkAbout05/05/1992, C-11 - STREET ABANDONMENT - CONSIDERATION OF REQUEST TO ABANDON A PORTION OF MITCHELL DRIVE, WEST OF MEADOW STREET TO THE CITY LIMITS. ���I�I�NIIUIIIIIIIIIIIA�pII �il city T MEETING -9a I�YINII c�"�JJ o san .pis oB�spo 5-s9a COUNCIL AGENDA REPORT ITEM NUM6ERC_1 FROM��O / Arnold Jonas, Community Development Director; By: Jeff Ho a]¢ /Associate Planner SUBJECT: Street Abandonment - Consideration of request to abandon a portion of Mitchell Drive, west of Meadow Street to the city limits. CAO RECOMMENDATION: Adopt a resolution of intent to abandon the requested street portion, and set a public hearing for June 16, 1992 to consider abandonment. BACKGROUND On March 25th, the Planning Commission unanimously recommended that the City Council abandon an unimproved section of Mitchell Drive. Before the City Council can act on the street abandonment, State law requires that the council adopt a resolution of intent to abandon to provide adequate public notice. Bob Takken wants to adjust lot lines and build a house on his property at the southwest corner of Meadow Street and Mitchell Drive. As part of the project, Mr. Takken proposes abandonment of a 30-foot by 530-foot unimproved portion of Mitchell Drive fronting his property and adjacent property owned by Frances Stone. In lieu of a street, he proposes a 24-foot wide common driveway across his property. Dubbed "Parque Vista" in this and previous subdivision plans, this short "paper street" is actually an offset portion of Mitchell Drive, created in 1923 as part of the Caudill Tract. The right- of-way to be abandoned does not meet city standards, since it is only 30 feet wide where a 40 to 56 foot right-of-way is normally required. The right-of-way (r.o.w. ) has apparently never been improved nor been used as a public street. It provides access to one house and two vacant parcels, shown as lots "B" and "C" on Exhibit C. Street abandonments are regulated by the California Streets and Highway Code (Division 9, Part 3, Chapter 1) . On advice from the Planning Commission, the City Council may determine that portions of streets or other public rights-of-way are no longer needed for public use and should not be publicly maintained. Upon abandonment, ownership of the right-of-way normally reverts to the underlying property owners and is reflected in a new record of survey to be recorded as part of a lot line adjustment or parcel map. ADVISORY BODY RECOMMENDATION The Planning Commission recommends that the City Council abandon this portion of Mitchell Drive, finding that it is not needed for C-IJ- 111111�111111$11{►11141' l city of san L.JS OBlspo 00 COUNCIL AGENDA REPORT Staff Report Page 2 existing or future street purposes (Planning Commission resolution attached) . PERTINENT DATA Applicant/property owner: Robert Takken Representative: Chuck Crotser Zoning: R-1 General plan: Low-density residential Environmental status: CEQA section 15301, existing facilities. EVALUATION This unimproved right-of-way does not link up with any other streets, nor is it likely to be needed for future street connections. Staff supports abandonment provided that easements for a common driveway and utilities are retained, water main and fire hydrant are installed, and adequate emergency access is maintained. Public utility companies have no objections to abandonment provided that an easement for utilities is retained. When considering a street abandonment, the City Council should consider: ■ Necessity of right-of-way ■ General plan consistency ■ Disposition of abandoned r. o.w. ■ Improvements and reservations of easements Necessity of right-of-way The right-of-way is no longer needed to serve existing or future development. As part of the Caudill Tract, this street stub was to provide access for Lots 8 and 9, as shown on Exhibit F. Lawrence Drive was subsequently installed, providing public street frontage for Lot 8, and common ownership allows both lots 8 and 9 access to Lawrence Drive. The vacant lot at 365 Mitchell Drive has its only access from the Mitchell Drive r.o.w. If Lot 9 were sold, both Lot 9 and 365 Mitchell Drive would rely on Mitchell Drive for access. Upon abandonment, perpetual access would continue to be provided to these lots by the 24-foot wide common driveway from Meadow Street. Street abandonment would: 1) Preserve about 15 trees ranging in size from 6" diameter Pines and Live Oaks to a 48" diameter Eucalyptus tree which would ��II��►�►►►�Ilillll�p�' llll$ city of san : ,s osispo COUNCIL AGENDA REPORT Staff Report Page 3 have to be removed if standard street improvements were installed; 2) Eliminate the City's maintenance responsibility for a substandard right-of-way which has not been used by the public for street purposes in 69 years; 3) Allow a 5- to 10-foot wide landscape buffer to be maintained between the common driveway and rear yards of two adjacent properties to the north. This buffer would have to be removed with installation of standard street improvements (eg. a 6- foot sidewalk and 24-foot paved section) ; and 4) Retain access and utility easements to serve future development on adjacent parcels to the west. Exhibits D and E show how access would be provided for two likely future development scenarios: custom R-1 lot development, and cluster residential condominiums. A. Custom houses: Lawrence Drive would provide primary access for 3 or 4 custom homes, and the proposed common driveway would then serve up to four custom R-1 lots; or B. Condominiums: Lawrence would provide primary access for an estimated six to 10 residential condominiums, the proposed common driveway would then serve as primary access for one house on lot C and as secondary access for the cluster development. Parking and driveway standards say that common driveways should serve no more than four residential units, unless special circumstances warrant an exception. This proposal would exceed that standard; however an exception appears warranted for the reasons noted above. The exception could be granted by the Community Development Director with approval of a common driveway agreement. The proposed 24-foot wide common driveway would adequately serve future development needs, and is an environmentally superior alternative to installing a standard public street. Mitchell Drive's terminus is the city limit line; and no additional development beyond the city limit line is likely due to slope, visual sensitivity, and open spaces preservation goals of the general plan. General plan consistency The street abandonment is consistent with the general plan. The city or San Gs OBISpo WiS COUNCIL AGENDA REPORT Staff Report Page 4 Circulation Element and Streets Master Plan shows this portion of Mitchell Street as it currently exists, and there are no city plans to improve or extend the right-of-way. With the perpetual common access easement, the City can assure that general plan objectives of providing access for existing and future development, and of preserving the environmental character of neighborhoods are met. I Disposition of abandoned right-of-way I Ownership of abandoned rights-of-way typically reverts to the adjacent property owners -- one-half of the street section to the property owners on opposite sides of the street. In this case, the entire 30-foot wide right-of-way reverts to Mr. Takken and the owners of 365 Mitchell Drive and Lots 8 and 9 . This is because the entire right-of-way was dedicated over these properties, and upon abandonment, legally reverts to the underlying property owners. A lot line adjustment would be processed by the Community Development Director to adjust lot lines to include the abandoned right-of-way. As part of the proposal, the applicant has offered to declicate an open space easement over a 40-foot by 150-foot portion of his property which has esthetic and wildlife habitat value due to seasonal springs and many large trees. Improvements and reservation of easements There are no public utilities located in the this portion of Mitchell Drive. Upon abandonment, the city would reserve common access and utilities easements to serve future development. The applicant would install new water and sewer mains within the easement, sized to accommodate future development; and would install the common driveway per city standards. Frontage improvements at the driveway entrance on Meadow Street will also be done, including curbs, sidewalk and street paveout. A common driveway agreement would be prepared by the applicant, reviewed and approved by the Community Development Director, and recorded to run with the land. ALTERNATIVES TO THE RECOMMENDED ACTION 1. Do not adopt a resolution of intent to abandon if the council finds that the abandonment conflicts with the general plan, or that the right-of-way to be abandoned is needed for current or future street purposes; or 2 . Continue consideration of the abandonment request, giving specific direction as to the additional information needed. Staff Report Page 5 RECOMMENDED ACTION Adopt a resolution of intent to abandon Mitchell Drive, west of Meadow Street. Attachments: -Draft Resolution of Intent to Abandon -Exhibit A: Vicinity map -Exhibit B: Applicant 's letter -Exhibit C: Existing site configuration -Exhibit D: Potential development scenario - custom R-1 lots -Exhibit E: " if It - condominiums -Exhibit F: Excerpt, Caudill Tract map -Planning Commission recommendation C-11 -S RESOLUTION NO. (1992 Series) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF MITCHELL DRIVE BETWEEN MEADOW STREET AND THE CITY LIMITS. 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 Mitchell Drive between Meadow Street and the City Limits, as shown on the map marked Exhibit "A" , 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 findings, conditions, and code requirements: Findings 1. The portion of right-of-way to be abandoned is not needed for present or future street purposes. 2 . The proposed street abandonment is consistent with the General Plan. 3 . The proposed street abandonment is categorically exempt from environmental review under the City's Environmental Guidelines and the California Environmental Quality Act, Section 15301. Conditions 1. Final street abandonment shall be subject to the reservation of a utilities easement, to the approval of the City Engineer. 2 . Applicant shall offer for dedication to the City and show on the record of survey or final map an open space easement consistent with the applicant' s approved plan (LLA 92-003) , to the approval of the Community Development Director. Council Resolution No. (1992 Series) Page 2 3 . Applicant shall prepare and submit a common driveway agreement to the City for. approval and recordation which provides common driveway access in perpetuity to lots formerly served by the abandoned right-of-way. 4 . The final street abandonment shall be recorded prior to or concurrently with the record of survey and certificate of compliance (or final map) for Lot Line Adjustment LLA 92-003 . 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. at 7:00 p.m. SECTION 3. Tuesday, June 16, 1992;4in 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 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 5. 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 Council Resolution No. (1992 Series) Page 3 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 1992 . Mayor Ron Dunin ATTEST: Pam Voges, City Clerk ********************* Council Resolution No. (1992 Series) Page 4 ********************* APPROVED: City inisaEve Officer to ne Community Dcivdlopment Director NJ Public Works Director Attachment: Exhibit A, Street Abandonment Map ' = 0 30 O O FO: PO g 0 0 0 O 0 ; 0. O r� 02 O ..la. .. -l�Gs east .• LL ^bar aL < N O aLMb�1 jcs4z : 0 oz u o ,i aa11 — 7 y�^�) J „rt at G'SL LSZ ♦.L 19.12 N Q 0 0 0 0 0 0 0 1!0 „O O U ;OO Ot W o H Q p , . p pa ; O . 0.4 OL „ O $ „ p $f0i . p .ie�ee2 �. p O 0 OA gp O G12 i0 Al < 7101 ':�Z ` 07.1 a• L=ams AN00VMVY O 4zcz I%z ta5r sin un 4w; Ga.z ^ 0.!L ;L'L•: 91 L:XI 'k <::N IJ LWr it Or ~' O O O O O ❑ R J I{ 04 p n l:v Vagi a {� fat I ° R� ` � N Of p l� ww 10TwanWnwW 61N �p9 f1 b • � � � f � � F•4n d Pronosed street abandonment, W Mitchell Dr. between Meadow $' O Q ' 4 and the City Limits V`bl p N SV4n 10 3Hj =l.. . EXHIBIT A i9 O a 11 f""-F-F I/ CHARLES CROTSER ARCHITECT A.;.A. January 14, 1992 City of San Luis Obispo City Council Community Development Department 990 Palm Street San Luis Obispo, CA 93401 Council Members, On behalf of my clients, Robert and Linda Takken, I am requesting that you consider the abandonment of a portion of Parque Vista Street, to the west of Meadow Street, and adjacent to the north boundary of my client's property. Our intention is to provide a common driveway, as shown on the attached plans; in lieu of full street improvements. After having discussed this approach with both Planning staff, and Public Works staff, we feel that this provides the most reasonable solution for access in light of the existing topography, natural features, and development potential. Thank you for your consideration. Sincerely, Charles Crotser, AIA EXHIlUllf 151T W Z O ■ U) p Q O O J 0 -1ZW � W O Y W J va W W � AdQ0 oZ ~ g O — fn (n J � YLLJUJ u Z U U U W Co) wW � � Q-' J � Q zIflll OQmUnW W . W c 1S M0ad3 W Z W cd Tome r o W `° 0 0 o " m � W • O r O V U tAtilB IT C LLI ul _ .. LLJ LLI �.� INSdw © � rM ONINMEN . 1 LLJ • • _ _ ■. LLJ ■ • LLJ LLJ .. .■ _ .\ Is, \ © \\ Z .., s• W a w fV m 3 N o f r - C ;�. i as• e cc N.:.a• FYI I .. r , ou CU gTEHsnook ST ZW a M)" Na.a,, h a w.si I •'� h sxw• IQtw of W am 16 MLass7 � . 4 to Y. ria>.• it wPO !r , J ,. ..' vww.L• 1 M I' i m . W n p �,w m. a -N QO• ,w Excernt from Caudill Tract Map, 1923 k � 1 - 0 I, I n _ W� C -l1- !�' �►III�III i�il�i i��i�lll����lllf II►ii�llllllllllll ���►� 11Icity of sAn tuis ouspo 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 March 27, 1992 Mr Robert Takken 668 Marsh Street San Luis Obispo, CA 93401 Subject: Street Abandonment Dear Mr. Takken: The Planning Commission, at its meeting of March 25, 1992, recommended to the City Council approval of your request to abandon a portion of Mitchell Drive, west of Meadow Street to the city limits. The action was based on the following findings and subject to the following conditions and code requirements: Findings: 1. The portion of right-of-way to'be abandoned is not needed for present or future public purposes. 2. The proposed street abandonment is consistent with the General Plan. 3. The proposed street abandonment is categorically exempt from environmental review under the City's Environmental Guidelines and the California Environmental Quality Act, Section 15301. Conditions- 1. Applicant shall offer for dedication to the City and show on the record of survey or final map easements for utilities, common driveway access, and open space, consistent with the applicant's approved plan (LLA 92-003), to the approval of the City Engineer and Community Development Director. 2. Applicant shall prepare and submit a common driveway agreement to the City for approval and recordation which provides common driveway access in perpetuity to lots formerly served by the abandoned right-of-way. 3. The final street abandonment shall be recorded concurrently with the record of survey and certificate of compliance (or final map) for Lot Line Adjustment LLA 92-003. 0-114(o Mr. Robert Takken March 27, 1992 Page 2 _ Code Requirements: 1. Applicant shall install water and sewer mains and a new fire hydrant to serve existing and future development, to the approval of the Utilities Engineer and the Fire Marshal. 2. Applicant shall improve the common driveway and shall install frontage improvements on Meadow Street, including sidewalk, curb, street paveout and street trees, to the approval of the City Engineer. 3. The applicant shall preserve and safety-prune trees shown to remain on the approved plan (LLA 92-003), to the approval of the City Arborist. The action of the Planning Commission is a recommendation to the City Council and, therefore is not final. This matter has been tentativelv scheduled before the council on April 21, 1992, 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. If you have any questions, please contact Jeff Hook at 731-7176. S' ely, Arnold B. o irector Community De opment - cc: Charles Crotser