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Home My WebLink About06/16/1992, 1 - CONSIDERATION OF THE ABANDONMENT OF MITCHELL DRIVE, WEST OF MEADOW STREET. �I�� YIIIII�II�I III Ci y of San LUIS OBI SPO _ MEETING DATE June 16, 1992 COUNCIL AGENDA REPORT nW NUMBM: FROM: Wayne A. Peterson, City Engineete j Prepared by: Gerald W. Kenny, Supervising Civil Engineer (/ 1 SUBJECT: Consideration of the abandonment of Mitchell Drive, West of Meadow Street. RECOMMENDATION: Adopt resolution abandoning Mitchell Drive, West of Meadow Street, subject to reservation of easements, as recommended. DISCUSSION: The Council adopted a "Resolution of Intention" (Resolution No. 8008 (1992 Series) ) on May 5, 1992 setting the time and place of this hearing to consider the abandonment of that portion of Mitchell Drive, West of Meadow Street. There are no existing street improvements, utilities, sewer or water mains in this portion of Mitchell Drive. Development of the existing (and any future parcels) adjacent to the subject street right of way would require the extension of such services. Therefore, the entire 30 ft.-wide right of way is recommended to be reserved for public utilities, sewer and water main purposes and for private access to the respective adjacent (south side) parcels under a standard common driveway easement agreement. The issue of public pedestrian trail access to the South Street Hills has been raised. An easement for public access could be reserved; however, current preliminary park and trail plans in this area do not include a Mitchell Drive connection due to the existence of other access points via Meadow St. , Woodbridge St. & Stoneridge Drive. (See attached Exhibit) Although staff does not recommend retaining a public access easement, if the Council wishes to do so, Section 2 (1) of the draft resolution should be modified to insert "pedestrian" after "public" . A more logical future connection may be via the west end of Lawrence Drive. That would provide direct access to the ridgeline and is likely to be more compatible with neighboring properties than a narrow Mitchell Drive connection. Public access through a long private driveway would reduce the privacy of the residents. Although there may be future lots and a cul-de-sac created at the present deadend of Lawrence Drive, it would be a lesser impact on residents and provide a shorter connection from a public street. The right of way would "revert" to the adjacent southerly properties along its frontage upon abandonment. The applicant (Bob Takken) has submitted a preliminary "lot line adjustment map" to the Community Development Department to combine the abandoned right of way (adjacent to his existing parcels) and adjust the interior lines to provide for more logical parcel configurations. Completion of that process is pending this action. �lUIII city of San __A S OBISPO - COUNCIL AGENDA REPORT Mitchell Drive Abandonment Meeting of June 16, 1992 Page Two Resolution No. 5478 (1984 Series) limits the approval of a conditional street abandonment to one (1) year, or to the expiration of any approved project or subdivision map which incorporates the abandonment. The final abandonment resolution, therefore, would be null and void upon expiration of the lot line adjustment approval. The required notices and posting have been completed as prescribed in the Resolution of Intention and the Council must now receive any public : testimony and then decide whether to approve or deny the abandonment. This abandonment is categorically exempt from environmental review per City Environmental Guidelines and the California Environmental Quality j Act (CEQA) , Section 15301. ALTERNATIVES: Option 1: Adopt resolution finding and determining that Mitchell Drive, West of Meadow Street, is not necessary for present or future public purposes, and abandoning same with reservation of easements for public sewer, water and utility purposes, and recordation of a standard common driveway easement agreement which provides for access to all parcels of record. STAFF RECOMMENDED ACTION. An advantage would be that the City would not be required toi maintain a substandard street (narrow R/W) when improved, but would still have the necessary easements to accommodate utilities, sewer and water mains, and related facilities. option 2 : Adopt resolution the same as Option 1, with the addition of a reservation of a public pedestrian easement. Option 3 : Conduct public hearing and continue action on abandonment until any conditions deemed necessary by the Council are met. Option 4: Deny approval of abandonment if the Council finds that the right of way is necessary for existing or future public purposes. FISCAL IMPACT: None at this time, but savings in future City street maintenance costs. CITIZEN PARTICIPATION: This is a hearing to receive public testimony. The public has been informed of this hearing via newspaper legal advertisement and posting at the site. The Planning Commission recommends abandonment. id'aill�>i��ri►liifll�� 9IUII1 city of San L,.JS OBISpo COUNCIL AGENDA REPORT Mitchell Drive Abandonment Meeting of June 16, 1992 Page Three CONCURRENCES: All affected staff concur with the recommended action. I RECOMMENDATION: Adopt resolution finding and determining that Mitchell Drive, west of Meadow Street, is not necessary for existing or future public purposes and ordering the abandonment of same, subject to reservation of the entire 30 ft.-wide right of way as public sewer, waterline and utility easements, and recordation of a common driveway easement agreement for j access to all existing southerly adjacent parcels. Attachments: 1 - Draft Resolution of Abandonment 2 - vicinity Map 3 - Resolution No. 8008 (1992 Series) 4 - Council Agenda Report (May 5, 1992) 5 - Park & Trail Plan i P: \jerry\MitchlAb.wp I I I Recording requested by and when recorded mail to: City Clerk City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403-8100 RESOLUTION NO. (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT MITCHELL DRIVE, WEST OF MEADOW STREET, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF PUBLIC UTILITY EASEMENTS, RECORDATION OF A COMMON DRIVEWAY EASEMENT AGREEMENT AND GRANT OF AN OPEN-SPACE EASEMENT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on June 16, 1992, pursuant to Section 8300 et se q. of the California Streets and Highways Code, this Council finds and determines that Mitchell Drive, west of Meadow Street as described and shown on the map marked Exhibit "A" attached hereto and incorporated herein, is not necessary for present or future public purposes. SECTION 2. This Council hereby orders the abandonment of said right-of-way subject to: (1) reservation of public sewer, water line and utility easements over the entire right of way; (2) submittal of a common driveway easement agreement for approval and recordation which provides for common driveway access in perpetuity to parcels formerly served by the right of way, to the satisfaction. of the Community Development Director; (3) grant of an open-space easement to the City, within the boundaries of �-y Resolution No. (1990 Series) Page Two. Lot Line Adjustment LLA 92-003, to the satisfaction of the Community Development Director; and (4) concurrent recordation of lot-line adjustment map and/or certificate of compliance for LLA 92-003. SECTION 3. Upon notification by the .City Engineer that the conditions prescribed in Section 2 have been met, the City Clerk shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City, to be recorded in the Office of the Recorder of the County of San Luis Obispo. On motion of seconded by , and on the following roll call vote. AYES: NOES: AB$ENT: the foregoing Resolution was passed and adopted this day of 1992 . MAYOR ATTEST: CITY CLERK APP City inist tive Officer ity gi iAtt n Community D e opment Director R\ierrAMltch1Ab.wp >`' { SMEE T ABANDONMENT - ..;Y DR. ::...:.::.::...............:.:......... K60 `.: :: LU $ L AWRENCF DR. fl 41 40 LEGAL DESCRIPTION MITCHELL DRIVE ABANDONMENT WEST OF MEADOW STREET That portion of unnamed street right of way; 30 feet wide, (known - as "Mitchell Drive") , lying west of Meadow Street (formerly Story Street) as shown on the map of the Caudill Tract, as recorded in Book 3 of Maps, at Page 32, in the Office of the County Recorder, . County of San Luis Obispo, State of california. RESERVING therefrom, public easements for sewer and water mains and appurtenances, utilities, and private access to the respective southerly adjacent parcels. C1 p� EXHIBIT 'A maize San lUl S OBISPO Aflred 4 AVYe ABANDoNM NT �!(�EST v� MFi1 D06V ST Ma 9z ' C y M y v� 0 I O�� N 01Md1•IL1 J� Q1Ovia 0. 00 O0000 0 0u LST fO 0 a-0 QIn I . OO U 01 w0 Ov p om :0 J O � to . ;�Oi r0 6.evil S� Q O 0 of PO O Q R cx MOaWMW cm w,z tvc: �n un cat OL p O , O 0 0 0 0 p ', a J O -• MOs 1 _ w \ r Ova �/� "� •: *+ `� 10 fp r,;s OIN 02K LAK :�9 • ;i .� `Pay V'r� � e opz O C) ei. Proposed street abandonment, • O Q a� Mitchell Dr. between Meadow $ L-1 �°r a and the City Limits Q '1J 3Uewnol =r.. . EXHIBIT A o : RESOLUTION NO. 8008 (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. N Council Resolution No. 8008 (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;% 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 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 i 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 /- 9 Council Resolution No. 8008 (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 Council= Roal= seconded by Councilwoman Rama and on the following roll call vote: AYES: councilmbers Rcalman, Rappa, Pinard, Reiss, aid Mayor Dwdn NOES: None - - ABSENT: None / the for ing resolution was passed and adopted this 5th day of May 1992. Mayor Ron Dunin ATTEST: Pam vo a City Clerk ********************* n O : O .- 4 i p O p 'p cog aO L O O IO p 0 ; 0 0 is o : 0 J Or 10 N 0JLAAW"1 J . 0 D2 ; W — r1:t 0Q wr u pU O W g 0 0 0! 0 Ot O0 :pO if-owl U-i-, " OO 0 MO0bOW :; 0 N. a.. -91•14L •:L•I •:...: LPt 71 c 1c�el 0 . J 0 0 0 �r a 0 O 9 ❑ 0 11 ?s / : p J'yl %// 1 os•i _ A C T x <.. PFJ '• � � O p a� <.= / i '• ¢+ V G 710 bwi0 t 0 - ��,• w 1 I p �] �zEK 7.77F Proposed street abandonment, Mitchell Dr. between Meadow $: O Q I .. " and the City Limits Ul EXHIBIT A 02 ED �7 i - _ t MEETING DATE: '�►� I�NI I�� City of San LUIS OBISPO 5-s.9a COUNCIL AGENDA REPORT ITEM NUMBER:/1_I maim FROM: Arnold Jonas, Community Development Director; By: Jeff Hoo* 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 ,r/ city of san LJIs OBlspo Niis 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 j cluster residential condominiums. I A.. Custom houses: Lawrence Drive would provide primary access i 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 j 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 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: to to it - condominiums -Exhibit F: Excerpt, Caudill Tract map -Planning Commission recommendation - - XZ .. LWLJ • • LLJ LLI .. - LLJ al O r LLJ • LLJ LJ zzz .. ui LLI .. • \I .. o,�o o 41 °'ui°►I „I I� cit4 s�►l'1uis oaspo 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. FROM CITY OF SLO I 03.28. 1992 .y08946 P. 4 Existing an,i Planned .Park.& 3pen Space .- with Possible Trail-Connections . . D.• . o�.�000 O �\\11V/// .• •J' �y EXISTING ARK r • El� a EXISTING. CCC 'OPEN SPACE �, • A!v►4 ■ , r I �p PROPOSED, �♦ PARI(Am ��♦ a ■ PROPOSED \' �� (•' •. � , PARK *0 i POSSIBLE .. .::- .::::: RK 1` ` � PARK ` /1