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HomeMy WebLinkAbout09/01/1992, C-15 - STREET ABANDONMENT - CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION TO ABANDON A PORTION OF MILL STREET BETWEEN BROAD AND NIPOMO STREETS. VIIIII�RHIIVIIIfI�QI1� MEETING DATE: c� o San �a�S OBISpo 9-x- 9 amozeCOUNCIL AGENDA REPORT ITEM NUMBER: &� r FROM: Arnold Jonas, Community Development Director PREPARED BY: Greg Smith, Associate Planner. SUBJECT: Street Abandonment - Consideration of Planning Commission recommendation to abandon a portion of Mill Street between Broad and Nipomo Streets. CAO RECOMMENDATION: Pass a resolution of intent to abandon and set a public hearing for October 6, 1992. DISCUSSION: Background The representatives of the Old Mission schools have requested abandonment of a one-block section of Mill Street, to facilitate their planning for future school or other uses on their parcels , which are currently separated by the street. The segment proposed for abandonment also abuts the Mission Garden Condominiums, a residential development unrelated to the schools. A letter from the homeowners association in opposition to the abandonment is attached. Council action to abandon a street must be taken at a public hearing which has been preceded by adoption of a resolution of intent to abandon. This report outlines issues which were discussed at the Planning Commission hearing, and staff will provide more detailed analysis at the subsequent hearing. Data Summary Address: 600 block, Mill Street Applicant: Old Mission Elementary School, Mission College Prep School Representative: William E. Tickell, Architect Adjacent Zoning: R-3, R-3-H General Plan: Medium Density Residential, Mission Plaza Cultural/Residential area — Environmental Status: Categorically exempt from review requirements Project Action Deadline: Not applicable to abandonment requests Site Description The block to be abandoned is improved with sidewalks and paving for approximately one-half its length. Five mature trees are presently located within the right of way, several of which would have to be removed if standard paving and sidewalks were extended. The school and condominiums adjoining the street have driveways with access to the improved portion of the street. The condo driveway appears to be locked most of the time, although is serves as an emergency and large truck delivery access. n Mill St. Abandonment Page 2 EVALUATION The school is considering an expansion of their playing field in the near future, and is also beginning work on a master plan for possible future development on the site. In order to abandon the street, the City must find that it is not needed for present or future public purposes. The following issues were considered at the Commission hearing in evaluating public need: 1. History and Current Use A similar abandonment request was denied by the Council in 1969. The Council determined that the street improvements might be extended in the future; minutes are attached. There is presently an asphalt trail across the unimproved segment of the right of way, located primarily on the northwest (condo) side of the centerline. The school's existing playing field encroaches into the right of way. 2. Future Circulation and Parking Needs The street improvements have never accommodated access from Broad to Nipomo Streets, and there would not appear to be any significant benefit to extending the street at the present time. The need for a street extension may increase as the nearby residential neighborhood and the downtown develop in the future. The effects of the Downtown Plan currently being studied may be significant, since the plan proposes using Palm Street to carry increased levels of traffic around the downtown. Mill Street might be needed to accommodate local traffic and parking. If the school property is redeveloped, abandonment of Mill Street might be coordinated with widening of Palm Street, providing property line radiuses, and/or intersection realignments. The intersection geometry resulting from extending Mill Street to Nipomo Street would not be ideal, but it appears that a safe and functional intersection would be feasible. The intersection improvements would result in removal of at least one, and probably several, mature Acacia and Pine trees. 3. EmergenU Access There is a fire hydrant and an emergency access gate to the condo project near the end of the paved portion of the street. The emergency access must be maintained with at least a 20-foot paved width, although an access easement would be acceptable to the Fire Department. 4. Pedestrian Access Staff does not have any data on the extent of pedestrian use on the trail in the right of way. It may be appropriate to reserve a pedestrian easement, if abandonment is approved. Mill St. Abandonment _ Page 3 5. Utilities Two sewer mains, a water main, and overhead electrical lines run between Broad and Nipomo in the right of way to be abandoned. Easements would have to be reserved for these facilities, which would limit the types and extent of private development which could occur. 6 Circulation Element Neither the adopted nor the proposed versions of the Circulation Element address this segment of Mill Street. Individual local street extensions are not normally included in general plan studies. 7. Disposition of Abandoned Property If the abandonment proceeds, it appears that the property would be divided equally between owners on either side, and the condo project would pick up half of the street for about 3/4ths of the block. Additionally, easements for existing utilities would take up all but 15 feet of the right of way width. The unencumbered strip would be on the Mission Prep side. The additional property obtained by the condo project would help to bring it into conformity with current density standards, but would not allow construction of additional units. Strict application of the zoning regulations would prohibit the condo project from selling their share of the abandoned right of way to the school: once additional property was obtained, to dispose of it would be to increase the degree of nonconformity. PLANNING COMNIISSION ACTION The attached draft resolution reflects conditions of approval recommended by the Commission; minutes of the Commission's July 15 hearing are also attached. The Commission concluded that the right of way in question was not needed for public purposes, and recommends abandonment subject to reservation of various public and private easements. OTHER DEPARTNUUiT COMMENTS The City Engineer might support abandonment, if easements are reserved, and if sidewalks, driveway ramps, and curbs are provided to City standards at both ends of the abandoned section. The Fire Department staff would not object to abandonment, if emergency access is maintained via an easement. FISCAL IMPACT If the right of way within the current alignment is not needed for present or future public purposes, its fiscal impact would relate only to its potential value as a trade-off for necessary right of way located elsewhere on adjoining parcels. Staff has not attempted to calculate that potential value. Mill St. Abandonment Page 4 ALTERNATIVES The council may find that the right of way is needed for present or future public purposes, and decide not to adopt the resolution of intention to abandon, without providing a public hearing. The Council can also continue action on the resolution of intention to abandon, with specific direction to staff and the affected property owners regarding additional information required. RECONEMMNI)ATION Staff recommends the Council adopt the attached draft resolution, setting a public hearing to consider abandonment of Mill Street between Broad and Nipomo Streets, subject to conditions recommended by the Planning Commission. Attachments: Draft Resolution of Intention to Abandon Vicinity Map Letter Opposing Abandonment (Mission Garden Homeowners Association) Planning Commission Minutes (7/15/92) Previous CC Minutes (8/4/69) Memos - Fire Department, City Engineer gtsL:NULLSTCC.wp RESOLUTION NO. (1992 Series) A RESOLUTION OF INTENTION TO ABANDON ,A PORTION OF MILL STREET BETWEEN BROAD AND NIPOMO STREETS 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 Mill Street between Broad and Nipomo Streets, 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 Circulation Element of 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. An easement at least 20 feet in width shall be reserved for emergency access, to the approval of the Fire Marshal. - 2. An easement shall be reserved for public pedestrian and bicycle access, to the approval of the Community Development Director and City Engineer. 3 . An easement shall be reserved over the entire area to be abandoned for existing and future water, sewer, storm drain and public utilities purposes. 4. Applicant shall prepare and submit a common access driveway agreement to the City for approval and recordation which provides access for large delivery vehicles and moving vans Council Resolution No. (1992 Series) Page 2 to 570 Peach Street. The agreement shall be to the approval of the City Engineer and affected property owners. 5. The applicant shall construct curb, gutter, sidewalk and driveway ramps at the Nipomo Street and Broad Street intersections (including necessary transitions from back of driveway ramp to existing grades) , in accordance with city Standards, to the approval of the Cty Engineer. 6. Applicant shall construct a drainage way to conduct surface run-off to Nipomo Street, to the approval of 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. at 7:05 p.m. SECTION 3. Tuesday, October 6, 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 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. �'iS� Council Resolution No. (1992 Series) Page 3 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 , 1992 . Mayor Ron Dunin ATTEST: Pam Voges, City Clerk Council_ Resolution No. (1992. Series) Page 4 APPROVED: V City Administrative Officer C' t me Community Deve op' ent Director 11 rks Director I Attachment: Exhibit A, Street Abandonment Map O� N I POMO ST. U) BROAD ST. a� EXHIBIT A 8 ri r oil R 1IU1, R_3 _ P 3 AlpO w °ICI .,.. rr \ r n-e• v � .� \ 3 � f r `e<owni •r•t •t �<� 0 h.•s M N •O� .1�' d. H PD 9 qs. 41 UP %� ■ A a •rey tt ao ` 4 �\ i� �JA's\� •,e ' af.,,• I�w o . P.f" ,��\�` .r •+•i C .,a.�� aer w.u.... j )» .,w • fir' u .a. ol `�� yrs,, f,r VV `',.•�' \,r� �, • / �,i�,. y'. '.Y \ Jap O • , r MISSION GARDENS HOMEOWNERS ASSOCIATION 1333 Johnson Avenue San Luis Obispo, CA 93401 August 1 , 1992 RECEIVED Allo o 51"2 CITY OF SAN Luis OBISPO couwNM oEVELOPMNr San Luis Obispo City Council 990 Palm Street San Luis Obispo, CA 93401 Res Abandonment of Mill Street between Broad and Nipomo Streets Dear Councilmembers: With respect to the above matter, Mission Gardens Homeowner's Association has the following concerns: 1. Although Mission Gardens, being an adjacent property owner, is directly concerned with the proposed abandonment of Mill Street, ten days' notice by mail was not given to the Association of the July 15, 1992 , Planning Commission hearing. Therefore, the association did not have adequate time to investigate the ramifications of the proposal, much less to debate and reach a consensus of the homeowners. 2. Our understanding is that the proposal is that the abandoned- property would be divided equally between the owners on either side (Mission School and Mission Gardens) . The prep school has already fenced off half of the unimproved roadway for their football field. Therefore, the present footpath is on Mission Gardens' half of the roadway. It appears that the proposal is _ that space for the footpath be taken equally from the school and Mission Gardens, which would require the school to give up ground and move its existing fence to accommodate the footpath. 2. 3 . If, in the alternative, the proposal for the footpath is to extend the Mission Gardens sidewalk straight through to Nipomo, this would require the removal of five mature trees (four Canary Island pines and one acacia) . Needless to say, the Association is strongly opposed to any plan which would require the removal of its trees. 3 . Regarding the pedestrian access, what are the liability issues of public use of privately owned land? 4. What would be the tax consequences of Mission Gardens' fifteen foot utility easement? 5. Where will the emergency twenty foot emergency access be placed? 6. How wide must the pedestrian access (from Nipomo to Broad) be? 7. Who is going to pay for the sidewalks, gutters and other improvements to be required as a condition for the abandonment? } A preliminary look at the proposed abandonment indicates that it has the potential of significant economic impact on the Mission Gardens homeowners. Further, -in conversations with the Planning Department, I was advised that the City plans to make Palm Street a major thoroughfare (and possibly a one-way street) to carry traffic through the city. If this is indeed contemplated, it seems that dead-ending Mill at Broad Street (particularly in light of the fact that Broad itself is not a "through" street to the south) is ill- advised, premature and may be cutting off the City's future traffic planning options. Given the above, the present position of the Association is to oppose the proposed abandonment in favor of maintaining the status quo. Very truly ours, udy Ramp President Mission Gardens Homeowners Association O� . �a � NIPOMO ST. Ick r� ,pNli 71 ' -v cM m , moo BROAD ST. C s-�3 P.C. Minutes July 15 , 1992. Page 9 Commr. Williams said she agreed with Commr. Hoffman that it is hard .to cut up free-standing buildings . She felt some flexibility was needed in the ordinance. Commr. Karleskint asked staff to consider special treatment, of `free-standing buildings and to come back to the Commission with a recommendation. Arnold Jonas said that. th special considerations the Commission is considering are opposi a from the Commission' s desire to simply regulations and ma a them easier to administer.He said by dealing with uses separat ly would complicate the Zoning Ordinance. Commr. Settle agreed with Mr. Jonas . Commr. Cross said he coul I support allowing 4 , 000 square feet for auto parts sales in the C N zone, with a limitation of 20 percent of the total square footage in Footnote 14 . Commr. Hoffman said one interpretation of the Commission ' s denial to add allowed uses could be that property owners should seek zoning changes . Arnold Jonas said by addi g uses, in. effect the Commission is rezoning the parcel . Commr. Hoffman said he agreed with Commr. Settle about waiting until the General Plan is finished to make' a decision. Arnold Jonas said that t e Commission could reconsider auto parts use when it considers "streamlining" revisions to the zoning ordinance. Commr. Cross felt that s ffshould analyze allowing retail auto sales to be limited to 4 , 000 square feet with different total floor area restrictions in the C-N zone. ----------------------------------------------------------------- Item 4 . Abandonment ABAN 111-92 . A request to abandon a portion of Mill Street , southwest of Broad Street , 600 Block of Mill Street , R-3 zone; Old Mission Elementary School , applicant . _. ----------------------------------------------------------------- Greg Smith presented the staff report and said that because the downtown plan was not completed, staff ' s main concern was that the abandonment might be needed for future circulation needs , including a possible need to use the street for parking. He recommended the. Commission determine and recommend to the City Council that it is premature to abandon this section of Mill Street at this time. He advised if the Commission approved the I P.C. Minutes July 15 , 1992 Page 10 abandonment , easements for existing utilities and emergency access to the school property and the condominiums should be required. Ii:- answer to a question by Commr. Cross, Greg Smith said Mission Gardens Condominiums had a variance for a zero setback on Mill Street . He said when and if Palm Street is widened, it would .. probably occur at the intersection of Palm and Nipomo Streets, .. and ifthe redevelopment of the school property involved demolition of buildings, Palm Street could be widened. Chairman Karleskint opened the public hearing. William Earl Tickell , 3233 Davis Canyon Road, applicant ' s representative and architect , gave a brief history of Mission College Preparatory (MCP) , built in 1925. He felt the building had historical significance . He said the building is constructed to fire safety standards and has re-inforced concrete hallways , and it is being determined if it is practical to retrofit the building to comply with state un-reinforced masonry standards . He said the abandonment of the street is being requested at this time so that a master plan for the site can be prepared that brings the campuses of MCP and Old Mission Elementary School together, and to increase the size of the football field from 110 yards to 160 yards to accommodate an 11-player football team. In answer to a question by Commr. Cross , Mr. Tickell said the applicant would be agreeable to providing space for foot traffic on the abandoned street . He said there have been discussions about a parking structure on Mill Street behind Mission College Prep. Jean Light , 570 Peach Street , Mission Gardens Condominiums , asked that the Commission deny the. request for street abandonment because of foot traffic , parking currently available on the street when school is not in session, and access to a gate to the condominiums . Hank Mott, 128 Felmar, said the Commission should consider that it is unrealistic that the city would ever want to construct a major road between two schools . He explained that the applicant did not want to develop on property belonging to Mission Gardens Condominiums . He said residents of the condominiums could park in the parking structure when school is not in session and moving vans would still be able to use the gate because the Fire Department is requiring fire truck access from the abandoned street . John Perridin, Chatsworth, California, owner of a condominium unit, asked what would happen if the retrofitting for earthquake safety was determined not to be practical for MCP . He asked if a school could then be built on the abandoned street . P.C. Minutes July 15 , 1992 Page 11 Connie Campanelli , 570 Peach Street, said the situation is amicable now and parking is available after school hours . She .said the city should not consider Mill Street as a thoroughfare, but expressed concern that if a new school was built , adequate ..access might not be available to the condominiums . George Moylan, 2684 Johnson Avenue, said his children have attended Old Mission Elementary and MCP. He said he supported the abandonment because it would unrealistic for the city to consider improvements to the street , especially with a zero lot line on the condominium side. He felt a physical link was needed for the two schools . Marshall Ochylski , 75 Higuera, said. his two children attend Mission School . He said concern about a conflict with the circulation plan for downtown had been mentioned two years ago when a stop sign was put on the corner of Palm and Broad Streets . He said the stop sign has not interfered with circulation. He said public works staff is not objecting to the abandonment . He said the central issue for the Commission to consider is the probability of the city improving the street . He said the condominiums would receive an extra 15 feet . He said the access off of Mill Street to the condominiums was provided for emergency access, and emergency access would still be required to be maintained. Connie Campanelli , 470 Peach Street , asked why the Public Works Department was supporting the abandonment . Commr. Karleskint explained the Department of Public Works did not object to the abandonment , providing four conditions were met. Connie Campanelli said the back gates were not originally provided to prevent traffic from going through the condominium development at high speed. Gloria Perridin, 570 Peach, Unit 14 , said it was unfortunate that the church ( IDC) -sold the property in the mid 70 ' s to Mr. Volny to construct the . condominiums , but people purchased the units with the understanding that the street would remain as it is . She said there is not sufficient parking for tenants at the condominiums , and Mill Street is used for parking by tenants after school hours . She asked where the emergency access would be. She said if the emergency access remained on Mill Street , she, had calculated the school would only be gaining about 15 feet. Marshall Ochylski said that the 20-foot access required by the Fire Department needs to be an all weather surface, but it does not need to be asphalt or concrete. He said the landscaped �t7 P.C. Minutes July 15 , 1992 Page 12 emergency access at the County Government Center is an example of what could be done. He said he believed the condominiums would =be gettinq a 30-foot setback from the abandonment . William Tickell explained that if it is not practical to retrofit the building to comply with State earthquake safety, he believed a new building would be built and access to the condominiums would be maintained. In answer to a question by Commr. Cross, Mr. Tickell said the football field would be extended about 30 feet into the area of abandonment. Commr. Cross asked if MCP would be willing to trade the abandonment for a turn lane on Palm Street. William Tickell said that could be discussed when improvement plans are submitted. He said the applicant would consider that request. In answer to a question by Commr. Hoffman, Greg Smith said the Fire Department normally requires a concrete or paved access 20 feet wide . He said it is up to the Fire Department if it would accept turf block. He said staff is concerned that turf block sometimes cannot support the weight of emergency vehicles . He said the Fire Department ' s memo required maintenance of the existing emergency access . Mr. - Tickell explained that in his discussions with the Fire Department , the concern was that .access through the condominium parking lot to Broad Street remain so that fire trucks would not have to turn .around on Mill Street . Connie Campanelli , 570 Peach Street , explained that there is no parking on Peach Street on the side adjacent to the creek. She said much of the parking on Broad Street is used by people who work downtown . She expressed concern about the construction of a new school and a physical connection between the two schools . John Perridin, asked where the main emergency fire access to the — school would be if the street is abandoned. He said the Fire Department would want access to the school from Mill Street . John Mulheart , 311 Twinridge Drive, said the 1969 City Council Resolution states that Mill Street is to remain closed as long as the school is used for school purposes . He said improvements to the abandonment would make it more visually appealing. He added that MCP is considering using some or all of the classrooms of Old Mission Elementary School , and a connected campus would be needed. He said an abandonment was needed for plans to be drawn. Chairman Karleskint closed the public hearing. 4-15. 1! P.C. Minutes July 15 , 1992 Page 13 Irr answer to a question by Commr. Settle, Greg Smith explained that- there is latitude allowed for walkways open to the public on a right of way, but limited potential for temporary private improvements . Cindy Clemens advised against allowing a pedestrian walkway between the two schools without an abandonment because of liability. She said children could get hurt and the city would be risking a lawsuit.- Commr. awsuit:Commr. Cross said he would like to see a plan before granting an abandonment , but that he understood the school ' s financial considerations . He said he did not believe_ the city would ever want to make Mill Street a through street . He suggested the possibility of trading the abandonment for a turn lane on Palm Street . Commr. Williams said she believed that the city would not want Mill .Street to become a thoroughfare, but she expressed concern that a condominium project was approved without adequate parking. She said she would like to see a parking agreement between MCP and the tenants of the condominiums . Commr. Settle moved to recommend to the City Council that it consider the abandonment with a recommendation by staff for a condition requiring parking needs for both parties be achieved by an agreement between the school and the condominiums , the emergency access be ensured, that pedestrian access be clarified, that utility right of way be retained, and with the elimination of City liability. Cindy Clemens suggested a finding be included that this section of Mill Street is not needed for present or future public purposes . Commr. Settle added that finding to the motion adding that by present or future public purposes he.: meant that Mill Street will not become a thoroughfare connecting Broad, and Nipomo Streets . Commr. Cross seconded the motion for discussion. Commr. Settle felt the City Council needed to consider what the future of Mill Street is expected to be. Commr. Cross suggested a condition stating that MCP would grant an easement on Palm Street for a turn lane. Commr. Settle explained that when a building plan is submitted by MCP, staff and the City Council can ask for modifications and dedications to be made for traffic safety purposes . He believed that would be the appropriate time to address a dedication for a turn lane on Palm Street . P.C. Minutes July 15 , 1992 Page 14 Commr. Hoffman agreed with the motion except for the parking. He said the condominium project met parking requirements when it was built'. He said street parking is not counted when parking is allocated for building projects . He was opposed to a parking condition for the street abandonment. Comms. Settle suggested amending his motion to state that the consideration of a parking condition be worked out by staff, the City Council and the applicant . Commr. Hoffman felt the major issue was whether or not the City intends to utilize the site as an improved street in the future, and if not , it should be abandoned. He said he was not concerned about a parking condition, but only that an easement for utilities and fire access be maintained. Commr. Settle asked if the Commission would be agreeable to a parking condition for moving vans to have access to the condominiums . Commr. Hoffman felt it would be reasonable for the emergency access to be used for other purposes, such as use by moving vans . Commr. Settle amended his motion to state that parking needs include emergency access , utility, and large vehicle access . Commr. Cross agreed to the amended motion . Commr. Settle restated his motion as a recommendation by the Planning Commission to the City Council that it consider upholding the abandonment request with a condition ensuring that parking needs for emergency access, utility, and large vehicle access ; that pedestrian access be planned; utility easements be preserved in response to Item 6 ; and that concerns of the Fire Department and the Department of Public Works be considered. Commr. Cross agreed with the restated motion. VOTING; AYES - .. Commrs . Settle, Cross , Hoffman, Williams , and Karleskint . NOES - None. ABSENT - Commr. Peterson. The motion passed. COMMENT AND DISCUSSION Chairman Karleskint said that the city has a list of 10 people who applied for a position as a Commissioner the last time there was a vacancy, and two new ap lications have been submitted. He asked for direction from the ommission on pursuing an immediate replacement . He said Council an Roalman questioned if the a��.lq City Coonan Minutes angust 49 1969 Page 3 install the larger services so that he can verify the cost needed to reimburse the Maino Construction Company for the excess capacity. T. C. Morino, representing Maino Construction Company, stated his firm only needed s and crater lines to the and of his property and he felt that once these lines were on his property it was up to him to develop it any way he wished. He did not feel there was any need for larger pipes to serve the•area. But if the City felt these larger pipes were necessary, the City should pay for them and the extra cost of installation to meet City standards. L. Sehlobohm stated that the size and the extension of the water main as recommman ed are needed for adequate fire protection to serve this property and for proposed future development in this area. D. F. Romero presented a sketch.shoving what was being proposed for this property ana the way it was to be served with water and sever. T. C. Merino stated it was his intention to install a proper fire hydrant where the nater main entered his property. Mayor Schwartz stated that the following points could be considered by the Council 1. The sever line to be increased from 6" to 8" line from the end of Faultless Road to the CuZn property. 2. Increase the water line from 8" to 12" from Faultless Road to the CuZn property. 3. Extend the water line from Suburban Road. Councilman Miller suggested that a Council committee be appointed to meet with RM-5 Corstructlon Company and others interested in the general area to deter- mine the best solution for future development. On motion of Councilman Miller, seconded by Councilman Graham, that the City require a 12" water main Mg-Faultless Road to ebur ca , with the City to make up the difference between 8" line and 12" line, that the City require an 8" sewer line to be extended to the CuZn property, with the City to pay the difference between a 6" and 8" line with construction to City standards and with recommended easements for the sewer and water lines. Motion carried. 6. At this time the City Council held a public hearing on Resolution No. 1957s a resolution of intention to Abandon a Portion of Mill Street: Mayos Schwartz declared the public hearing open. P. Andre, Attorney representing the Catholic Bishop of Monterey, urged that the tZ' fyoouncil abandon the City's interest in Mill Street between Broad and Nipomo Streets. He again explained the various transactions between the City and the Catholic Church and school in the general area of Mill Street, in which documents were — exchanged which he felt indicated the intention of the City to abandon Hill St. Be then read letters from Mr. Leguina, Mr. Williams, and Mr. Hall which stated it . was their understanding that it was the intention of the City to close Mill Street for use by the Catholic Church and school and for the baseball team. He stated that in addition to the above legal documentation he felt that the safety of the young people attending both units of the Catholic school who must cross Mill Street should be considered. He again urged that the Council abandon the street subject to utility easements such as sewer, water, gas and electrical. Dr. Tedone urged the City Council to abandon Mill Street from Broad to Nipomo as he felt there was really no need for this portion of-Mill for traffic circu- lation as it dead-ended at Nipomo. He also urged that the safety of the children be considered. R. Wood, Attorney, urged the City Council to abandon Mill Street for the safety of t=e�FSi ldren who cross between the two school units as he felt there was no traf- fic advantage to the City. He feather stated it was his opinion that many of the neighbors hoped Mill Street would be abandoned so that additional traffic would not be centered in this area. City Council Minutes August 4, 1969 Page 4 Mrs. Henryurged abandontoent of.Mill Street in the interest of the safety of the care attending the Catholic Schools. B. Peterson urged the City Council to abandon Mill Street as he felt that open- lug of would hurt attendance at the schools. A. Vole , developer, stated that if Mill Street were abandoned a portion of the Ar—eet would be acquired by him and then he could build an apartment development to the existing property line on Mill and not be bothered by the street set back lines on the street, which would allow him to have a better use of the land and have a higher density on his property. He also felt that the opening of the street would be a detriment to the students of the Catholic schools as it.would expose them to high speed traffic while creasing the street between the two schools. Father Steiger, Pastor of the Old Mission Church, urged the City Council to MOM M-11 in view of the safety of the children attending the two schools which he felt would far outweigh any advantages for opening the street for-traffic circulation. No one appeared before the Council opposing the abandonment of Mill Street. MayorSchwartz declared the public hearing closed and limited discussion to Council and staff. Councilman Miller stated that he was opposed to the abandonment of Mill Street as he felt that someday in the future, the street would be needed. He felt that the street should be left as it is, closed to traffic but not abandoned by the City. Councilman Graham asked what happened to land that is abandoned by the City, specifically a street. Mayorz explained that after normal abandonment proceedings have taken place, the property is arbitrarily divided between the adjacent property owners which is acquired at no cost to them. Councilman Blake stated he felt that the street should remain closed but not abandoned, stated he would consider an agreement that would keep Mill Street closed as long as the Catholic Church operates a school there. As far as the volny problem was concerned, he felt the Council could grant him a variance to allow him to build to the property line on Mill Street. Councilman Sprigs stated he was in favor of abandoning Mill Street. Ma�Schw�artz felt that the street should not Be abandoned but agreed that the street cR=rremain closed as long as the school: is in operation, but he felt that-If sometime in the future the school were to close or develop elsewhere in the City, the City may need this street for future growth. He asked the City Attorney if it was possible for the City to enter into such an agreement to close Mill Street and still retain.the right for public access. H. Johnson, City Attorney, answered as followas There are definite limitations upon t =ability of a City Council to enter into an agreement with any person or entity, whereby a street would be closed for an indefinite period of time, especially where such agreement purports to bind succeeding Councils. However, where there is a bone .fide dispute over the legal statua of the property, a court approved stipulation could conceivably result in .a judgement preserving the status quo. He also explained to the Council what conditions they must follow in order to abandon or vacate a dedicated street. P. Andre stated he was sure that the City Council could enter into an agreement with We property owners to keep Mill St. closed but not abandon the City's interest., Mayon Schwarta stated that it was his feeling that the people present did not want the street opened but wished it to stay closed as long as the street separ- ates the two units of the Catholic School. City Council Minutes August 4, 1969 Page 5 Councilman Blake stated that he would like to keep Mill Street closed but still in this pub c omain and hoped an agreement could be entered into between the City and the Catholic school and also to allow Volny a variance to build his building to the property line on Mill Street. Councilman Miller agreed that the street should remain closed but the City should re Units rights to the street. On motion of Councilaan Blake, seconded by MaT Schwartz, that the City Council finds that at s e abandonment of Su eet is not warranted, that the street is to remain closed as long as the Catholic school is used for school purposes, that the property owners of lots 8, 9, '10, 3.19 72, 13, 14 & 15 be granted zero feet set back along Mill Street and the decisions to take advantage of this offer is not to be used as an argument for later abandonment of that portion of Mill Street. Motion carried. U. At this time the City Council considered the final passage of Ordinance No. 454, an ordinance amending the Official Zone Map of the City of San Luis spo0 o rezone.from R-4 to R-0 that property known as 651, 6639 671 Pacific Street and 1306 and 1320 Nipomo Street.) On notion of Councilman Blake, seconded by Mar Schwartz, the following Ordinance was introduce or passage. Ordinance o. , an ordinance amending the Official Zone Map of, the City of San Luis Obispo. o rezone from R-!t to R-0 that property known as 651, 6633 671 Pathic Street and 1306 and 1320 Nipomo St.) Finally passed on the following roll call vote: AYES: Emmons Blake, Myron Graham, Donald Q. Miller, Kenneth E. Schwartz NOES: Arthur F. Spring ASSENT: None 6B. At this time the City Council considered the final passage of Ordinance No.455, amending the Official Zone Map of the City of San Luis Obispo. (To rezone from R=1 to R-0 that property known as the rear .of 3000 Augusta Street.) On motion of Councilman Graham, seconded by Councilman Spring, Ordinance No. 155 was finally passed on the fo owing roll call vote: AYES: . Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ABSENT: None 6C. At this time the City Council considered the final passage of Ordinance No.4 6 an ordinanceamending the Official Zone Map of the City of San Luis bispo. to rezone from R-1 to R-2 that property known as the rear portion of 2549 Broad St.) On motion of Councilman Blake, seconded by Councilman Graham, the following ordinance was introduced for final passage. Or mace No. $6, an ordinance amending the Official tone Map of the City of anObispo. (To rezone from — R-1 to R-2 that property known as the rear portion of 2549 Broad Street) Finally passed on the following roll call vote: AYES: Emaons Blake, Myron Graham, Arthur Spring, Donald Q. Miller, Kenneth E. Schwartz NOES: None ASSUT: None 6E. At this time the City Council considered the final passage of Ordinance No-455, M- an ordinance amending the Official Zone Map of the City of San Luis po. o rezone from R-1 to PD R-2 that property known as 1650 Los Osos Road.) M. Dixon, 1475 Garcia Drive, appeared before the City Council urging that the 7F=reconsider their action and rescind the zoning change of Ordinance 458. He stated that he felt the rezoning would only lead to other requests for higher zoning on adjacent vacant land owned by the same owner. He continued that the land rezoned by this ordinance represented, in his opinion, a spot zoeing to benefit one property owner to the detriment of adjacent property owners. P U B L I C W 0 R K S D E P T. E N G I N E E R I N G D I V I S I O N ***** PLAN REVIEW ***** ** Location: 761 BROAD, OLD MISSION SCHOOL, ST. ABANDONMENT, PLANNING FILE # * Plan Chk: 06/29/92 fZ/ The Public Works Department will support abandonment of the proposed portion of Mill St. , subject to the following. 1. The entire R/W is to be reserved as an easement for existing and future water, sewer, storm drain and public utilities purposes. 2. Curb, gutter, sidewalk and any desired driveway ramps must be constructed along the Nipomo St. frontage (including necessary transitions from back of DW ramp to existing grades) . 3 . City standards curb, gutter, sidewalk and driveway ramps must be constructed along the Broad St. frontage. 4. A drainage way must be constructed to convey surface run-off to Nipomo St. to the satisfaction of the City Engineer. GENERAL COMMENTS Although the request to abandon the street has come from the the Old MIssion School and Mission College Prep, it should be noted that one-half of the street, adjacent to the condominiums, would possibly accrue to the condominium property. Evaluation of the need to retain a "public pedestrian" easement should be considered. r MEMORANDUM TO: G mii,.Departmen oEMEi unifiVzI%eli�ment.�� FROM: Spencer Meyer, Fire Department SUBJECT: Proposed Mill Street Abandonment (Between Broad and Nipomo Street) DATE: June 29, 1992 Access: Required fire access must be must be maintained (may not be comprised). Uniform Fire Code 10.207(b) requires a minimum access width of 20 feet and a minimum 13.5 feet of vertical clearance. Hydrant Location: Access and maintenance of the on-site fire hydrant shall be per Uniform Fire Code (shall not be comprised). 1 cc: Jerry Kenny, Engineering Department Bill Hetland, Public Utilities Department John Madden, Fire Department Cvs-�� MEETING AGENDA C lS DATE q z ITEM # 682 PALM STREET O,CA 93401 'MISSION COLLEGE PREPARATORY SAN LUIS OBIS 805-543-2131 CotIEsro: Acdon August 26, 1992 C cDDn►tL ❑ FIN.MR. L ❑ FIRE CHIEF Lde'-AvrMNEY ❑ Fw DnL San Luis Obispo City Council O'CI.ExloRM. ❑ PoLia L 990 Palm Street ❑ M ❑ xECDR ❑ . DFQE ❑ �D� San Luis Obispo, CA 93401 ��/LE �_ RE: Abandonment of Mill Street Between Broad and Nipomo Streets Dear Council Members: RECEIVED In regards to the above matter. All b ITY OUNCIL This letter is written in response to the August 1 st letter from Mission Ga Res Assoc. We would like to address our response item number by item number. 1. Many owners of the Mission Gardens were in attendance at the planning commission meeting and four owners spoke at that meeting. 2. Mission College Prep will have just enough room for their 1 1 man football field and we would propose leaving the fence where it is (see plot plan exhibit), and the existing footpath would remain where it is. 3A. It is our understanding that the city wishes the footpath to remain where it is and at the use it now enjoys, and that it is not the desire of the city to extend the sidewalk through to Nipomo Street as then it would no longer be a footpath, and none of us wishes to remove any of the trees. 3B. Regarding liability for the footpath (which is now the city's) the Mission Gardens Homeowner's insurance policy would cover their part of the property abandoned to them and our insurance would cover us for claims on our share of the property abandoned. We have been advised there will be no additional cost for insurance coverage for this small amount of land. 4. If Mission Gardens does not wish the increase in taxes or the liability for the footpath, the Mission College Preparatory school will accept the total proposed abandonment of Mill street and would agree not to build within the Mission Gardens setback ( 10 feet from their existing building); and will accept all the responsibility that incurs. We will agree to split the abandoned property equally with them if Mission Gardens wants one half. It is up to them. 5. The emergency access would be placed within the abandonment from Broad Street, we understand this would be the fire marshall's requirement. 6. It is our feeling that the pedestrian access should remain a footpath as it is now. 7. The applicants will pay for the improvements required by the city. In response to the comments on plans and possibilities of the city's future circulation patterns, I would refer you to the letter from the City of San Luis Obispo, dated July 27, 1992, under findings 1 and 2. 1. The right of way in question is not needed for present or future public purposes, since there is no likelihood of extension of Mill Street as a through street. 2. The proposed abandonment is consistent with the Circulation Element of the General Plan. This letter is signed by Arnold B. Jonas, Director of Community Development. As a final comment with regards to future traffic patterns; it makes absolutely no sense to split a school by a strut especially when some students are 5 and 6 years of age. If you have any questions, please contact William Earl Tickell,Architect, at 595-2322. Sincerely, r William Earl Tickell Architect cc: Mission Gardens Homeowner's Association cc: Diocese of Monterey cc: Mission College Preparatory cc: Old Mission School