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:
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VICINITY MAP 1 HIGUERA NORTH
ARM 122-97 .
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Sales
to - Mike McCarthy
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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
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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
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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
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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
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� 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