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HomeMy WebLinkAbout11/18/1997, 2 - APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL OF PROJECT APPLICATION NO. ARC MI 122-97 - A REQUEST TO BUILD A NEW GAZEBO AND ADD SITE LIGHTING TO AN EXISTING AUTOMOBILE SALES LOT LOCATED ON THE EAST SIDE OF HIGUERA STREET, NORTH a council 11 Ig -7j acEnba uEpoin �N� 01 CITY O F SAN LUIS OBISPO FROM: Arnold B.Jonas, Community Development Director Prepared By: Pam Ricci,Associate Planner SUBJECT: Appeal of the Community Development Director's approval of Project Application No. ARC MI 122-97 - a request to build a new gazebo and add site lighting to an existing automobile sales lot located on the east side of Higuera Street,north of Elks Lane(1 Higuera Street). CAO RECOMMENDATION Adopt Draft Resolution A, denying the appeal and requiring dedication of right-of-way and installation of frontage improvements with the project. DISCUSSION Situation/Previous Review On September 30, 1997, the Community Development Director approved a minor or incidental architectural review application to build a gazebo and add site lighting to the subject site. The approval was based on a finding that the proposed improvements enhanced the current use of the site for automobile sales. Two conditions were added to the approval. The first regulated illumination levels of proposed lighting, and the second required dedication of right-of-way and installation of frontage improvements. On October 6, 1997, the applicant filed an appeal of the Director's decision. The appeal is based on the applicant's objection to the second condition requiring the dedication of right- of-way and installation of frontage improvements. The applicant's appeal letter agrees that the improvements would be a nice addition to the site, but notes that the improvements are not practical or cost effective at this time. This matter has been scheduled before the City Council, rather than the Architectural Review Commission (ARC) as appeals of minor or incidental architectural review applications typically would be. The reason for the departure from the standard review process in this case is that the ARC has no authority to waive or grant relief to the requirement for frontage improvements which is the basis of the applicant's appeal- The Requirements for Dedication & Installation of Frontage Improvements The ability to require dedication and the installation of the frontage improvements comes from City Municipal Code Chapter 4.32 (attached). Section 4.32.020 A. states that "before erecting, enlarging or remodeling any structure on a lot which abuts a street designed for j Council Agenda Rt t-McCarthy Wholesale Appeal (A MI 122-97) Page 2 widening, the property owner must agree to dedicate to the City any portion of that lot lying within the proposed right-of-way. " There is a need for dedication along this property to be consistent with the adopted plan line setback for this portion of Higuera Street. Section 4.32.020 E. adds that `prior to occupancy or use, the property owner shall install curb, gutter and sidewalk at the new street frontage for the full width of the lot to meet current City standards for such construction. " The issue of frontage improvements is not a new one with the establishment of uses at this property. Back in 1990, the applicant applied for a temporary administrative use permit to allow the storage and display of vehicles at the site and included parking exceptions for a car sales lot and temporary trailer for an office. The reason for the request for a temporary use permit was primarily because of the objection for the known requirement of installing frontage improvements with a permanent use. The use permit was approved in June 18, 1990, then revoked on October 12, 1990, for non- compliance with use permit conditions. The applicant appealed revocation of the use permit to the Planning Commission who extended the use permit approval to December 31, 1991 (one year after the original approval expired). Between the extended expiration date and the present time, the City's Neighborhood Services Manager has been involved with various enforcement issues including prohibited signs and continued use of a trailer for office purposes without the required building permit The trailer has been removed and no violations against the property currently exist Conclusion Per City Municipal Code Chapter 4.32,.it is a requirement to dedicate right-of-way and install frontage improvements with the applicant's current project. The applicant's appeal argues that the minor nature of this particular project(gazebo and site lighting) does not warrant this type of costly improvement While the project is minor, it still meets the requisite conditions to require the dedication and improvements. Since 1990, the requirement for these improvements have been a source of debate between the applicant, property owner and the City with various permit requests made to make changes or improvements to the subject site. The CAO's recommendation on this matter reflects consistency with City policy. Beyond concerns for setting a potentially undesirable precedent and maintaining code compliance, there are practical reasons for requiring the improvements. Since there are no sidewalks on either side of the roadway along this portion of Higuera Street, the installation of improvements here provides an important linkage for pedestrian circulation in the area In addition to the convenience component of having frontage improvements, there are also obvious safety benefits. ALTERNATIVES 1. Adopt Draft Resolution B, approving the appeal of the Director's action, and eliminating the requirement for the dedication of right-of-way and installation of frontage improvements with this project,based on findings. 02'� Council Agenda Rel -McCarthy Wholesale Appeal (A4&U 122-97) Page 3 2. Continue with direction to the staff,applicant,and/or appellant. Attached: 1. -Drift Resolutions 2. -Vicinity Map 3. -Appeal to City Council received 10-6-97 4. -ARC MI 122-97 approval letter dated 9-30-97 5. -Municipal Code Chapter 4.32 Enclosed: Project plans arc1122-97mi(council appeal) �-3 Draft Resolution "A" RESOLUTION NO. (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S ACTION, THEREBY DENYING THE REQUEST TO ELEVE NATE THE CONDITION REQUIRING DEDICATION OF RIGHT-OF-WAY AND INSTALLATION OF FRONTAGE U"ROVEMENTS AT 1 HIGUERA STREET (ARC MI 122-97) WHEREAS, the City Council conducted a public hearing on November 18, 1997, and has considered testimony of interested parties including the appellant, the records of the Community Development Director's action, and the evaluation and recommendation of staff, and WHEREAS, the City Council has determined that the project is categorically exempt under Section 15301. (a) of the CEQA Guidelines. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findine. That this Council, after consideration of the proposed project (ARC MI 122-97) including the contested condition, the appellant's statement, staff recommendations and reports thereof, makes the following finding: 1. The requirements for right-of-way dedication and the installation of frontage improvements are consistent with City Council Resolution No. 4130 (1980 Series) and constitute an appropriate condition to the proposed project approval. 2. The installed sidewalk along the frontage of this project will provide an important linkage to area-wide pedestrian circulation. SECTION 2. Denial. The appeal is hereby denied, and the request to eliminate the condition requiring the dedication of right-of-way and installation of frontage improvements is denied. Resolution No. (1997 Series) Page 2 On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this 18" day of November, 1997. Mayor Allen Settle ATTEST: City Clerk Bonnie Gawf APPROVED: #0m rcM=u i 122.97(McCarter-ter) Draft Resolution 'B" RESOLUTION NO. (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S ACTION, THEREBY APPROVING THE REQUEST TO ELIMINATE THE CONDITION REQUIRING DEDICATION OF RIGHT-OF-WAY AND INSTALLATION OF FRONTAGE IMPROVEMENTS AT 1 HIGUERA STREET (ARC MI 122-97) WHEREAS, the City Council conducted a public hearing on November 18, 1997, and has considered testimony of interested parties including the appellant, the records of the Community Development Director's action, and the evaluation and recommendation of staff, and WHEREAS, the City Council has determined that the project is categorically exempt under Section 15301. (a) of the CEQA Guidelines. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Fes. That this Council, after consideration of the proposed project (ARC MI 122-97) including the contested condition, the appellant's statement, staff recommendations and reports thereof, makes the following finding: 1. The minor nature of the proposed request, consisting of a gazebo and site lighting, does not warrant requirements for right-of-way dedication and the installation of frontage improvements as typically required by City Council Resolution No. 4130 (1980 Series). SECTION 2. Approval. The request to eliminate the condition requiring the dedication of right-of-way and installation of frontage improvements is hereby approved. On motion of , seconded by and on the following roll call vote: �'D City Council Resolution No. (1997 Series) Page 2 AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this 18' day of November, 1997. Mayor Allen Settle ATTEST: City Clerk Bonnie Gawf APPROVED: 41tyo y J Jor en reslarc mi 122-97(McCarthy-uphold) PF N M c- rHOLJ lu ^C O J i� r a y C���iJ r TEF d. 2yL .F uo.-ea i � S . i ter• w AVN ty`3• �x 10 to ° rwva . Y � — S me 98 T • - n.w�er rw m :0 0 ___ rM[S Ly w�__ 4G1T O Nltl. • jr rowy� raw i N ODD- rwI L o\j\�S J�iJ C-S - S a�M.�y�wree� or to+-1h • AFGT1i v EA a•5•� I J O S • AKGW ST5 A 245 tl• ` 4 J �le .L1U ul%D Cx7p PCLLpYs •♦• , CerRTu+Y. 0 .♦ ve♦• VICINITY MAP 1 HIGUERA NORTH ARM 122-97 . f3'�cc,ltMe�t-F Z �_a :l } c_C�lrLhy Wholesate Sales to - Mike McCarthy Ip RECEIVED OCT 06 1997 CITY OF 1V LIS COMMUNITY pEVELO/SpO October 1, 1997 Arnold B.Jonas Community Development Director 990 Palm Street San Luis Obispo,CA 93401 Subject: ARC MI 122-97; 1 Higuera(new gazebo&site lighting) Please accept this letter as notification of request for appeal concerning conditions of approval at the subject site. Specifically,I would like to appeal the condition of frontage improvements along Iiiguera Street. While these improvements would be welcome It's just not practical or cost effective to make these changes at this time. Please be advised that I will begin construction of a portable gazebo that will be licensed with the DMV and will be temporarily parked at the subject site. This is being done at the suggestion of the planner and hopefully will only be on wheels until we can resolve the street improvement issue. If this doesn't meet with your approval please notify me in writing as soon a possible before I have even more expenses that can't be used at this site. Sincerely, Mike McCarthy / MM/bb cc: Mike Spangler L43outh Higuera Street • San Luis Obispo, CA 93401 • (805) 541-6178 • FAX (805) 541-3364 A44.chMei+ 5 ►�I��II�IIIIII�lllllll�� pi�IIII�III Il�llll II li CItYO 111S SAnOBISPO . 990 Palm Street, San Luis Obispo, CA 93401-3249 0 Ccorr } mar +he da#� -+ha-F--�,e 1�j- . September�38;1997 was Mike McCarthy 1 Higuera Street San Luis Obispo, CA 93401 SUBJECT: ARC NII 122-97; 1 Higuera Street(new gazebo & site lighting) Dear Mr. McCarthy: I have reviewed your plans to add a new gazebo and pole lights at the subject site. I approved the project, and determined that it is minor or incidental, finding that the proposal will enhance the use of the site for retail auto sales, subject to the following conditions: I. Maximum illumination levels at the ground below the lighting fixtures located along the Higuera Street frontage shall not exceed 250 luxes (25 foot-candles). 2. The applicant shall dedicate right-of-way and install frontage improvements along Higuera Street to the satisfaction of the Public Works Director. My action is final unless appealed within 10 calendar days of the date of this letter. Anyone may appeal the action by submitting a letter to the Community Development Department within the time specified. Appeals will be scheduled for the first available Architectural Review Commission meeting date. If an appeal is filed,you will be notified by mail of the date and time of the hearing. While the City's water allocation regulations are in effect, the Community Development Director's approval expires after three years if construction has not started. On request prior.to the expiration of the original approval, the Community Development Director may grant a single one-year extension. If you have any questions,please call Pam Ricci at 781-7168. S' cerel Amo d B.Jonas, ire for Community Develo ent cc: Chief Building Official,Architectural Review Commission Chairman, Mike Spangler am%122-97 mi(I higucra) OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf(805) 781-7410. /j-/0 a�ctc hMea+ 4- pL 4.31.040-4.32.020 4.31.040 Rates for downtown parldng improvements lying within the proposed structures. right-of-way. A. Effective June 1, 1992, all city parking B. If purchase of property creates noncon- structures in the downtown shall offer the forming conditions, the city shall advise the first ninety minutes free parking. current property owner of this nonconformity B. The new hourly rate for said parking by certified mail no later than the commence- structures shall be fifty cents per hour with a ment of negotiations to purchase the prop- maximum of three dollars per day.(Reso.8003 erty. §§ 1, 2, 1992: Reso. 6963 §§ A, B, 1991) C. If no sound curb, gutter and sidewalk lie at the existing street frontage, the prop- Chapter 4.32 erty owner shall install these improvements at the new street frontage for the full width PURCHASE, DEDICATION AND of the lot to meet current city standards for IMPROVEMENT OF STREET such construction. If the property owner does RIGHT-OF-WAY not wish to install required improvements, the estimated cost of these improvements Sections: must be deducted from the final negotiated 4.32.010 Requirements where the city Price of the property. The city will then as- budgets funds for surae responsibility for installing these im- construction of a street provements at its convenience. The city en- widening and purchase of gineer shall determine the estimated cost of Property lying within the improvements plus the soundness and extent proposed right-of-way. of existing improvements. 4.32.020 Requirements where a D. If sound curb, gutter and sidewalk lie property owner applies to at the existing street frontage, the city shall improve property or applies replace these improvements at the new street for a use permit. frontage. 4.32.030 Requirements where a E. The city shall pave out the street to meet property owner voluntarily the installed curb and gutter. The city engi- dedicates property lying neer shall specify the paving material. (Reso. within the proposed 4130 § 1, 1980) right-of-way and does not contemplate development 4.32.020 Requirements where a within two years of the date property owner applies to of dedication. improve property or applies for a use permit. 4.32.010 Requirements where the city A- Before erecting,enlarging or remodeling budgets funds for any structure on a lot which abuts a street construction of a street designated for widening, the property owner widening and purchase of must agree to dedicate to the city any portion property lying within the of that lot lying within the proposed right-of- proposed right-of-way. way. A The city must pay to the owner fair B. Before commencing a use which requires market value for the portion of the lot and a use permit and which requires seven or more (San Luis Obispo 7-92) 84.22 A rMen-- 6 4.32.020-4.32.020 parking spaces on a lot which abuts a street 2. Upon installation of improvements, the designated for widening, the property owner city shall deduct actual costs from the prop- must agree to dedicate to the city any portion erty owners payment and refund any re- of that lot which lies within the proposed mainder. right-of-way. 3. Under special circumstances, the prop- C. The property owner shall dedicate the erty owner may post a cash bond in lieu of required property by delivering to the city payment. recordable documents to convey clear title to I. If funds are available, the city may con- the city.The city shall prepare the documents tribute up to five thousand dollars for a street required for dedication. pave out to property which meets all these D. The city shall not issue a building conditions: permit or use permit for property requiring 1. Is zoned for residential use; dedication until the property owner has 2. Contains no more than one dwelling agreed in writing to dedicate the required unit; property city the city. 3. Cannot be further subdivided under ex- t. The city engineer shall prepare any ded- y�g zoning-, ication agreement. 4. Has curb 2. The city attorney shall approve the form , gutter and sidewalk installed of any dedication agreement. by the property owner; -X E. Prior to occupancy or use, the property 5. Has no.existing requirement for paving owner shall install curb, gutter and sidewalk and improvement. at the new street frontage for the full width a. The city reserves the right to review and of the lot to meet current city standards for reject any private contract proposal for pave such construction. out for which the city will pay in whole or in F. Prior to occupancy or use, the property part. owner shall pave out the street to meet the b. The city reserves the right to perform installed curb, gutter and sidewalk. The city with city forces any pave out for which the engineer shall specify the paving material. city will pay in whole or in part. 1. On streets not constructed to full city c. The city shall not contribute funds or. standards,the property owner shall pave one- labor for a pave out until the property owner half the street plus a twelve-foot lane. Prop- agrees in writing to reimburse the city for its erty owners developing one single-family contribution in the event the property owner home need not pave the additional twelve- or subsequent purchaser further develops to foot lane. higher use or subdivides the property within G. Prior to occupancy or use, the property two years following installation of all street owner shall plant street trees to meet current improvements. city standards. i. The city engineer shall prepare any pave H. If the property owner does not wish to out reimbursement agreement. install required improvements, prior to occu- ii. The city attorney shall approve the from pancy or use, he must pay to the city the es- of any pave out reimbursement agreement. timated cost of these improvements. The city iii. The city council shall approve any pave shall then assume responsibility for installa- out reimbursement agreement. tion of these improvements at its convenience. iv. Upon completion of a city-financed pave 1. The city engineer shall determine the out, the city engineer shall note on the orig- estimated cost of improvements. inal pave out reimbursement agreement the 84-23 (San Luis Obispo 7.92) 01-120 4.32.030-4.36.010 full value for the city's contribution of funds B. The city shall pave out the street to meet or labor, the installed curb and gutter. The city engi- J. The city shall not require dedication of neer shall specify the paving material. the portion of a lot currently occupied by a C. If the property owner develops his prop- building which existed on January 1, 1965, erty or obtains a use permit within two years or on the adoption date of official setback line of the date of dedication, and either of these maps. actions would have subjected him to the pro- m If anticipated construction will not lie visions of section 4.32.020 of this chapter, he within proposed right-of-way, the following must reimburse to the city the cost of any construction will not require dedication: curb, gutter, sidewalk and pave out improve- 1. Additions and accessory buildings inci- ments installed after the date of dedication. dental to a building legally existing on the (Reso. 4130 § 3, 1980) lot. Total cumulative floor area of such addi- tions and accessory buildings shall not ex- ceed two hundred square feet. 2. Additions,alterations and repairs within any twenty-four month period when the total Chapter 4.36 value of this construction does not exceed fifty percent of the value of the existing building PLANNING SERVICES FEE or structure at the beginning of this twenty- SCHEDULE four month period.The city chief building in- spector shall determine the applicability of 'Section 7 of Reso. 7030 repealed Reso.5908,from which ch. 4.36 was formerly derived- The editor has included§ 1,ex- this provision. If the City purchases right- Mbit B of Reso.7030 as a new ch.4.36,§4.36.010. of-way after initial construction and the prop- erty owner subsequently makes improve- Sections: ments within the original twenty-four month 4.36.010 Established. term which would have necessitated dedica- tion, the property owner must reimburse to the city the purchase price of the property. 4.36.010 Established. (Reso. 4130 § 2, 1980) 4.32.030 Requirements where a property owner voluntarily dedicates property lying within the proposed right-of-way and does not contemplate development within two years of the date of dedication. A- The property owner shall install curb, gutter and sidewalk at the new street frontage for the full width of the lot. (San Luis Obispo 7-92) . 84-24 4EETING AGENDA I���iiiii��lllllllllllll�° �IIIIII ATE-LI STEM # � COUNCIL MEMORANDUM November 17, 1997 TO: City Council RECEIVED N O V 1 8 1997 VIA: John Dunn, City Administrative Officer SLO CITY CLERK FROM: Mike McCluskey SUBJECT: Appeal re: frontage improvements and street widening dedication at I Higuera St. (ARC MI 122-97 - McCarthy's Car Lot) The second sentence in paragraph 5, page two of the Council Agenda Report for November 18, 1997 ("Conclusion") regarding the appeal of the Community Development Director's action needs a correction. The reference to "no sidewalks on either side of the roadway" should be revised to replace "either" with "this" to more accurately describe the situation. There are sidewalks immediately across the street. However, there is no sidewalk along the relatively long I.O.O.F. Cemetery frontage, southerly of Elks Lane. (See attached portion of the latest "Sidewalk Deficiency Map") The real intent of staff was to emphasize that "this particular parcel" does not have a sidewalk, but there is about 1250 lineal feet of sidewalk southerly of this parcel and continuous sidewalk northerly of this parcel to the downtown, along Higuera Street. This approximately 400 lineal ft. of"gap" in sidewalk would enhance pedestrian accommodations, which is a major goal in the City's "Circulation Element" of the General Plan (Policies 4.1, 4.2, 4.3, Programs 4.7, 4.8). It also relates to an adopted Council Program Goal in the 1997-99 Financial Plan to improve pedestrian circulation. It should be emphasized that the requirement for frontage improvements is a "code"requirement, not inconsistent with the mandate of all other development projects. It was not "imposed" as a "special" condition by the Community Development Director, but rather listed typically as with other"noteworthy" items for early disclosure to the applicants. Attachment: Sidewalk Deficiency Map c: A Jonas/R Whisenand/P Ricci DevRev\...\Streets\McCarthy CC Appeal - 1 Higuera �UNCIL DIR 11 FIN DIR ACA0 ❑FiPcf`;EF � RRNEY C'."ry DIR D.;-�aKIORIG ❑POLICE CHF ❑MGMT TEAM 13REC DIR ¢' D UTIL DIR 11 PERS DIR < i ( � lid�! �/ r•��/� �\�'1�•U / S� \\\ �/`�i � .. �r:! 1'��'�f \•v/ice + / �\,\�15F"/' .+\ "�":� •� t � •� \ f• \`sf/ ,\ /r/1 � Via' • � :. ., I }t.1:/ � 4,,F •�`\l\. .:'i`� '>; :j%\' ��"S'.• �i�`. �Y�'%i i 'L:, �e(I�. ItZ V. V. nlr.i,.l r, 'r .'� �'L'L ' \\ i' L�� `:i% •1,,• �'•/ \�.` �%CI i T. . `�rl ' C / I i!r/'• _......... •- �� I y.� ri/�� ��i,,,:; �Si=riL�*�'`:,/LC�i!__;I_•__-..��—..�!L�._i ' 1 � ( \,•�� {.,�; �` _ 5, \, •. �.l ��L. 1 L! 't.••R•LiI'li i (N i � i�—J •J 1 1' ±l�'•.•:�I::;.. \ A jll ti' �.l ! ��r�-_r.�•IC�Y� GL +L :X li �� 1 .. _ 1 ' ".�I 51 j !if.,� �";: •r fit •.:.Z�'!'1► Y1 _. I '--__.._...._...:." jig .. :c; :'� '�i ('Iii !` ' 11 l•�i -1 fL K_13 1 _-...._.. _ ?;.`i L� f '-rS 1\ � L;' 'I�- Ali• �`i_.-_-__���' .:: r •/ i.•'+l.?+ I `-ieq'.•,:.:.:.. i _ ,fit ''' •i• ` ( t:^' � L. r. , LR •G �,��•', li Vii► 'r;' O• r_•'^1'' +_-_.1`= �_�.�:;/I `'. t:`� �1 rQ i Section n i_acP nc� Sidewalk Section L;zc :-,j:r Curb .e �6 � ta�stei _:� ;mac �.• :: !� 1 i7 '�. � =r1�i F`%'i^• - 'moi F 1 BUSINESS INTERESTS Mike McCluskey City of San Luis Obispo Public Works Director P. O. Box 8100 San Luis Obispo, Ca. 93403-8100 t Dear Mr. McCluskey I am writing this letter in regards to a property I own at #1 Higuera Street. During:the past few years I have been trying to improve this property in order to attract a tenant capable of supporting the financial investment required to bring this lot up to City standards. Unfortunately, due in part to the uncertainty of the business climate and the high costs of `< improvements, I am no longer negotiating with potential tenants and the prospect of attracting one in the near future seem unlikely. The need to improve this property is still a priority for a number of reasons and I would like your help in suggesting ways to implement the needed improvements. Street and sidewalk improvements are needed and would benefit the City and enhance the property. I would like to offer.the City the property in exchange for the City doing the improvements. These improvements have now been required since bike and an additional traffic lanes were installed and the parking was removed. The situation with the traffic speed increasing dramatically combined with the rains and the resulting standing water makes for a vLry dangerous situation. Its not unusual for water to cover the bike lane and one travel lane during even moderate rainy periods. As vehicles traveling north round the curve they are surprised to find the lane under water. If two vehicles traveling side by side P round the curve, one of the vecicles has nblolace to go. If there is a bike in the bike lane it also has no where to go nor does the pedestrian who is walking next to the bike lane. As I previously mentioned your help in finding a solution to this problem would be grwtly appreciated and I will be looking foreword to hearing your thoughts on the subject. Best Regards .:: Mike Spangler ..rtss 664 MARSH STREET• SAN LUIS OBISPO, CA 93401 •805/544-1740 ���►►►►������►���►► II�Ilillllh����► ►�►� ► of luisot Bis 955 Morro Street • San Luis Obispo, CA 93401 March 7, 1995 Michael R. Spangler 664 Marsh Street San Luis Obispo, CA 93401 Dear Mr. Spangler: This letter is in response to your letter, dated January 27, 1995. As you will recall, at our meeting of September 20, 1994 (in the Planning Conference Room at City Hall with Pam Ricci, Ron Whisenand, and Cindy Clemens) the issue, among many others, of dedication and frontage improvements was discussed both in relation to the existing and pending permit application and as a singular project in and of itself. The conclusion reached at that meeting was, and still is, that frontage improvements would be necessary as a condition of development of the property; and, that until such time, that the City has insufficient funds to do any such improvements on behalf of a private property owner. Concerning the issue of dedication, we discussed that necessary engineering work would need to be accomplished by the Public Works staff to ascertain the correct dedication, as there is an apparent mistake in the right-of-way alignment as it is constructed in the field. We discussed that that engineering research work would be accomplished prior to any such dedication which may take place as a result of parcel development. Regarding the drainage issue, you and I met at the site previous to the September 20 meeting and discussed the various limitations on the City's ability to provide additional drainage to the site. However since that time, the City has undertaken a project to replace the Elks Lane Bridge over San Luis Obispo Creek. As such, and as a part of that project, the City will pursue the beginnings of a storm drainage line at that location at Elks Lane. I anticipate that in future years that line will be extended and eventually be able to service the intersection of Elks Lane and Higuera, and areas slightly beyond that intersection. Once again, the City is faced with . a major funding constraint but remains committed to providing adequate storm drainage for its citizens. Regarding funding mechanisms to pay for offsite improvements along your frontage, we discussed two basic methodologies. The first being the institution of the 1911 Act or the City's procedure described by Municipal Code, Section 12. 12, whereby the City could make a finding that greater than 50% of the roadway frontage was improved, or the improvements, either you construct the improvements or the City does and either liens your property to V� The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf(805) 781-7410. 0 Spangler Page Two assure payment of the cost, or assesses your property with collection taking place on your annual property tax bill. The second methodology would be to have the property owner apply for the initiation of a 1913 Assessment District Act, whereby the City would form an assessment district, you the property owner would be signatory to that agreement, bonds would be sold and the improvements would be provided and the private property owner would be responsible for pay off of the bonds over a 20 year period. Of the two methodologies, the latter is much more difficult to do on small projects; and the former would be the more responsible and viable method to pursue. The City has frequently followed procedures in the Municipal Code to assist property owners wanting to construct curbs, gutters and sidewalks. At this time, the City is not prepared to purchase a right-of-way and/or do improvements in lieu of freely dedicated right-of-way. The City's budgetary emphasis has been to widen and complete those projects listed in the City's Circulation Element. Certain projects within that Circulation Element are funded by transportation impact fees, and others are funded directly by the City. The property at One Higuera Street is not listed in the Circulation Element as a priority area for improvement. Although I cannot accept your offer of January 27, 1995, I do remain committed to providing storm drainage facilities at some date in the future to the frontage of your property and would hope that development in the interim would occur to address the issues of off site frontage improvements. Very truly yours, Michael D. McCluskey Director of Public Works c: Pam Ricci Ron Whisenand oneNguera/mm4 .Z//7P.PU/JGmGi,J7r CIL C'ur 6Qu.2,/2 Z`o ��-Z'�a:i NNN / /i n o et Gv7`lrr '�1O�S'F -aa e-T Cl("C4 e ,ter- ¢/off ASfi .l100-7 gvrxa nnn FF`1ylPo�eo�7 � r �ro.-) f /96 tare /'7/ 4U4:f) 06 /J / 3 Jri/i. /�� i✓r .'i - AAI"Iox /jam L F / u /G.SLr of "7'4 .(%-'✓C•/L WALL 40U ter- � �• /��s� _/3, 5�D0 e7 IoS ��j G9 , yUn ��►�����►��i►ii►�IIIIIilllllll X11°""i�I Ill IIIII � city of sAn tuis oBispo 955 Morro Street • San Luis Obispo, CA 93401 October 8, 1990 Mike Spangler 1779 San Luis Drive San Luis Obispo, CA 93401 Dear Mike, We have finally completed our studies and are prepared to offer you the attached agreement for the widening we discussed across the frontage of your property on South Higuera Street. Attached is a grant deed and a street widening agreement, together with an estimate and a sketch showing the proposed improvements and the cost sharing implied by our standard policy. If you wish to proceed please sign the grant deed, have it notarized, sign the street widening agreement and mail them back to me. If you wish to talk about it, give me a call at 549- 7210. Very truly yours, David F. Romero, Director Public Works Department Attachments: grant deed w/sketches street widening agreement estimate w/sketch spangler/dfr#24 MONUMENT— POINT OF BEGINNING S 9044'56" W 60.58, S 2031'40" W 393.27' S 1°29'00" W 56.73' N 88031'000 W 6.50, cc —S 1029'00" W 973.90' Ir Qc AREA OF CONCERN R=1000' (SEE FIG. B) L=102.10' p=5051,00- S 4*22'000 E 98.84' R=1000' L=102.10' ZS=5*51'00" S 1029'00w W ............... 131-60' .......... .......... R=10001 L=442.641 Q=25'21'40° FIG. A 0 SCALE (FT.) 500 R=1000' L=102.10' p=5051'000 FRONT OF CURB BACK OF WALK NORTHERLY PROPERTY LINE OF KREBS 3 °C KREBS (ABANDONED) S 4022'00" E --- 98.84' R=1000' L=102.10' I ? ZS=5051100" SETBACK " AREA OF ACQUISITION 40' (5844 sq. ft.) SETBACK LINE ORDINANCE 313 - 1965 SERIES fy� JUNE 7, 1965 S 1°29'00" W r^ 131.60' R=1000' N L=442.64' p=25°21'40" 0 SCALE (FT.) 100 FIG. B STREET WIDENING AGREEMENT This agreement, made this day of , 1990, by and between the CITY OF SAN LUIS OBISPO, CALIFORNIA (hereinafter referred to as "City") , and MICHAEL ROBERT SPANGLER (hereinafter referred to as "Grantor") . WITNESSETH: 1. Grantor will grant the City a deed for street widening along the frontage of Higuera Street, south of Krebs Street containing 5,844 square feet, more or less, and install curb, gutter and sidewalk along this frontage. 2. City will provide necessary engineering, relocate utilities, and paveout the street as needed. CITY OF SAN LUIS OBISPO MICHAEL ROBERT SPANGLER SPANGAGR/DFRJ20