HomeMy WebLinkAbout12/07/1999, C9 - CONSIDERATION OF A REQUEST TO ABANDON A PORTION OF EXCESS HILL STREET RIGHT-OF-WAY (ABAN 153-99;359 HILL STREET). Council M tigD `12-7-99
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CITY OF SAN LUIS OBISPO
FROM: Arnold Jonas,Community Development Director
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Prepared By: Pam Ricci,Associate Planner W.
SUBJECT: 'CONSIDERATION OF A REQUEST TO ABANDON A PORTION OF EXCESS
HILL STREET RIGHT-OF-WAY(ABAN 153-99;359 HILL STREET).
CAO RECOMMENDATION:
Pass a Resolution of Intention to consider abandonment,and set a public hearing for January 18,
2000.
DISCUSSION:
Situation/Project Description
Currently the northerly end of Hill Street terminates in a cul-de-sac providing access to houses
developed at 367 and 370 Hill Street. A 50-foot wide,by approximately 250-foot long,portion of
Hill Street right-of-way exists to the north of the cul-de-sac,bordering the westerly lot line of 370
Hill Street. Undevelopedright-of-way like this is commonly referred to as a paper street
Barry Camp,the applicant,is requesting that the City abandon this right-of-way so that he can more
efficiently develop the last remaining hillside lot on the west side of the undeveloped right-0f--way
at 359 Hill Street. Generally,when right-of-way is abandoned,unencumbered fee title is divided
equally among the adjacent property owners, subject to title company certification and any
necessary easements for utilities being obtained. However,in this case,because of the boundaries
of original subdivisions,the owner of the property at 370 :-fill Street would be entitled to the entire
abandoned right-of-way. A lot line adjustment has been filed to split the abandoned right-of-way
between the property owner at 370 Hill Street and the subject property at 359 Hill Street (see
attached maps).
The City Council is being asked to make a determination on General Plan consistency and adopt a
"Resolution of Intention"to consider abandonment of the public right-of-way. This sets a date and
time for final abandonment in accordance with Section 8300 of the California Streets& Highways
Code. If passed, a final "Resolution of?abandonment" will be adopted and recorded with the
County Recorder.
Data Summary
Project Address: 359 Hill Street
Applicant/Representative: Barry Camp
C9-1
Council Agenda Report
ABAN 153-99(359 Hill Street)
Page 2
Zoning of Adjacent Property: R-1 (Low-Density Residential)
General Plan Designation of Adjacent Property:Low Density Residential
Environmental Status: Categorically exempt under Class 1, Existing Facilities(Section 15301.(c)
of CEQA Guidelines).
Project Action Deadline: Not applicable.
Previous Review
The proposal to abandon the street right-of-way was reviewed by the City Planning Commission
on October 27, 1999. At that public hearing, the Planning Commission found the proposed
abandonment to be consistent with the City's General Plan, and recommended that the Council
adopt a Resolution of Intention and set a public hearing to consider the matter of final
abandonment. No members of the public spoke in opposition to the request. The attached draft
resolution reflects conditions of approval recommended by the Commission (also see attached
10-27-99 Planning Commission minutes).
The Planning Commission questioned whether this right-of-way might ever be needed for
pedestrian access to Cerro San Luis. Staff responded that formal and informal access points have
already been provided. It is also important to note that there may be potential problems with
providing access here because there are several parcels under private ownership that exist
between the end of Hill Street and the City's open space on Cerro San Luis.
Evaluation
The California Streets and Highways Code requires the City to determine whether the abandonment
is consistent with the City's General Plan before taking final action on the abandonment. This
means that a determination needs to be made on whether the right-of-way will be needed for
present or future public purposes. In addition, continued access to any City or public utility
services needs to be properly preserved. Given these parameters, the following issues were
considered at the Commission hearing in evaluating the request:
1. Future CirculationNeeds:
The portion of the Hill Street right-of-way that is proposed to be abandoned has never been
developed and used as a street, nor is its development identified in the Circulation Element as a
future capital project. The General Plan Circulation Element designates this portion of Hill Street
as a Local Street. This type of street is identified in the Circulation Element as "serving residential
developmentthatfront them and channeling traffic to residential collector streets."
This portion of right-of-way would serve no other potential circulation purpose than providing
access to the subject site at 357 Hill Street. With the abandonment and concurrent lot line
adjustment, the applicant would eventually obtain ownership of the westerly 23 feet of the
abandoned area and would develop a driveway within it. This driveway,running from the end of
C/-2
Council Agenda Report
ABAN 153-99(359 Hill Street)
Page 3
the existing cul-de-sac to the undeveloped lot,would provide legal access to the site. Therefore,the
proposal would not conflict with the purpose for local streets as contained in the Circulation
Element.
The cul-de-sac was placed where it is to minimize grading and prevent slope failures due to the
rather unstable hillside conditions in the vicinity. A private driveway as opposed to a full-width
street will cause less potential visual and environmental impacts and eliminate City liability in case
of future slope failures. The existing homes on adjacent lots have special foundation systems
designed to eliminate or reduce slope failures. Similar requirements will be conditions of
development approvals for a house at the subject site as well.
2. Utilities:
The street abandonment proposal was sent to the local utility companies for their review and
comment. However, staff has not received comments from the utility companies. It should be
noted that prior to the City Council's final action on the abandonment,local utility companies will
have another opportunity to review the abandonment and respond.
The abandonment would be subject to the dedication of any necessary easements for the
respective utility companies to insure that they retain rights to repair and service their facilities,
and any other appropriate purposes established by the City Council. There are no existing or
proposed City public works or utility facilities within the abandonment area.
3. Disposition of Abandoned Right-of-way:
With abandonment,the ownership of the land underlying the undeveloped right-of-way proposed
for abandonment would revert to the owner of the property at 370 Hill Street. For this reason,the
applicant has filed a lot line adjusttnent-to acquire the westerly 23 feet of the abandoned right-of--
way to provide legal access to the undeveloped lot at 359 Hill Street that he wants to develop a
house on. The owner of 370 Hill Street would obtain the easterly 27 feet of the abandoned right-
of-way.
Through the. abandonment and accompanying lot line adjustment, the applicant will acquire
additional land from the owner of 370 Hill Street beyond the confines of the driveway needed to
provide access to the lot. This will enable him to develop a garage and turn-around beyond the
driveway. Having this additional land lower on the slope helps to allow development of the site
with less grading(see attached site plan).
Minimizing the grading of the site will help to provide a house that keeps a low profile and
conforms to the natural slope, which is consistent with development standards contained in the
Land Use Element for hillside locations. Because of its steepness and hillside location,the project
site is considered a "sensitive" site. Consistent with the City's Architectural Guidelines,
C9-3
Council Agenda Report
ABAN 153-99(359 Hill Street)
Page 4
development plans for a house on the subject site have been submitted for the review and approval
of the ARC.
CONCURRENCES
The Public Works Department supports the abandonment, subject to recordation of the
accompanying "lot line adjustment"to insure that legal access to the undeveloped lot at 359 Hill
Street is maintained. Any reserved utility easements must be incorporated into the final
document for the lot line adjustment in accordance with the final abandonment resolution. No
other conditions would prevail until development of the parcel, such as completion of any needed
frontage improvements, utility services and street trees.
FISCAL IMPACT
None
ALTERNATIVES
1. The Council may find that the right-of-way is needed for present or future public purposes,and
decide not to adopt a Resolution of Intention to consider abandonment, without providing a
public hearing.
2. The Council may also continue action on the Resolution of Intention,with specific direction to
staff and the affected property owners regarding additional information required.
ATTACHMENTS
Attachment 1 - Draft Resolution"A"-Resolution of Intention to Consider Abandonment
Attachment 2 - Vicinity Map
Attachment 3 - Map of Area proposed for Abandonment
Attachment 4 - Lot Line Adjustment Map
Attachment 5 - Site Plan
Attachment 6 - Aerial photo showing abandonment area, adjacent properties and cul-de-sac
Attachment 7 - Planning Commission follow-up letter for 10-27-99 meeting including
Resolution No. 5270-99
Attachment 8 - Draft Minutes for Planning Commission meeting of October 27, 1999
priccAABAN 153-99(Cmnp CC mport).doc
C9-4
Resolution"A"
RESOLUTION NO. (1999 Series)
CITY OF SAN LUIS OBISPO CITY COUNCIL
RESOLUTION OF INTENTION TO ABANDON A PORTION OF EXCESS
PUBLIC RIGHT-OF-WAY ADJACENT TO 370 HILL STREET
(359 HILL STREET; ABAN 153-99)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on October 27, 1999, for the purpose of making a General Plan determination and
formulating a recommendation to the City Council on a request to abandon a portion of the Hill
Street right-of-way bordering the westerly lot line of 370 Hill Street; and
WHEREAS, the City Planning Commission found that the proposed right-of-way
abandonment was consistent with the City's General Plan, and recommended that the City
Council approve the abandonment, based on findings, and subject to conditions included in
Planning Commission Resolution No. 5270-99 and incorporated into this resolution below.
BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Action - Intention to Abandon. It is the intention of the City of San Luis
Obispo to abandon a portion of public right-of-way as shown on the map marked Exhibit "A",
attached hereto and incorporated herein by reference, pursuant to Section 8300 etseq. of the
State of California Streets and Highways Code, and that the abandonment shall be based on the
following findings, and subject to the following conditions:
Findings:
1. The proposed street abandonment is consistent with the Circulation Element of the general plan
because this segment of Hill Street is not identified in the element as being necessary for
neighborhood circulation.
2. The portion of right-of-way to be abandoned is not needed for present or future street purposes.
C9-5
City Council ResolutionNo. (1999 Series)
Page 2
3. The proposed street abandonment is categorically exempt from environmental review under
Section 15301 of the California Environmental Quality Act.
Conditions:
1. If the Council determines that all or a portion of any "excess" right of way should be
abandoned, appropriate easements will be reserved for access to the drainage facilities, public
water & sewer, public & private utilities. Specific details will be determined during the
abandonment process. No physical development would be allowed within the easements,
unless specifically approved by the City, on a case by case basis.
2. A lot line adjustment map shall be processed concurrently with the proposed abandonment to
insure that legal access to the undeveloped lot at 359 Hill Street is maintained.
SECTION 2. Copies of the map showing the particulars of the proposed abandonment is
on file in the office of the City Clerk, at 990 Palm Street.
SECTION 3. Tuesday, January 18, 2000, at 7:00 p.m. 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 more 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 right-of-way
abandonment, in the Telegram-Tribune, a newspaper published and circulated in this city.
SECTION 5. The City Engineer shall post at least three (3) notices of the proposed
abandonment in prominent locations near the portion of the street right-of-way 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.
C9-6
City Council ResolutionNo. (1999 Series)
Page 3
SECTION 6. The City Engineer shall notify utility companies affected by the proposed
abandonment 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 7t° day of December, 1999.
Mayor Allen Settle
ATTEST:
City Clerk Lee Price
APPROVED:
/iXtto4eyFffreA Jorgensen
Attachment:
Exhibit"A" - Street right-of-way Abandonment Map
priccilr=\ABAN 153-9(Camp)
C9-7
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of sAn tuis oBispo
990 Palm Street, San Luis Obispo, CA 93401-3249
November 1, 1999
Attachment 7
Barry Camp
P.O. Box 1858
San Luis Obispo, CA 93406
SUBJECT: ABAN 153-99- 359 Hill Street
Request to abandon a portion of Hill Street right-of-way adjacent to
370 Hill Street, to enable development of a hillside lot
Dear Mr. Camp:
The Planning Commission, at its meeting of October 27, 1999, recommended that the
City Council approve the abandonment, based on findings and subject to conditions
noted in the attached resolution.
The action of the Planning Commission is a recommendation to the City Council and,
therefore, is not final. This matter has been tentatively scheduled for public hearing
before the City Council on December 7, 1999. This date, however, should be verified
with the City Clerk's office at (805)781-7102.
If you have any questions,please contact Pam Ricci at(805)781-7168.
Sincerely,
Ro ld G. Whi nand
D velopment eview Manager
cc: SLO County Assessor's Office
Linda Richardson
EDA
1320 NipomO Street
San Luis Obispo, CA 93401
Jeanne Kaiser
15042 Romar Street
Mission Hills, CA 91345
rpAachment: Resolution No. 5270-99
LUThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and aC9ns. 14
Telecommunications Device for the Deaf(805)781-7410.
SAN LUIS OBISPO PLANNING COMMISSION
RESOLUTION NO. 5270-99
WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct
a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on October 27, 1999, pursuant to a proceeding .instituted under application
ABAN 153-99, Barry Camp, applicant.
ITEM REVIEWED:
Request to abandon a portion of Hill Street right-of-way adjacent to 370 Hill Street, to
enable development of a hillside lot.
DESCRIPTION:
On file in the office of Community Development Department, City Hall.
GENERAL LOCATION:
359 Hill Street
WHEREAS, said Commission as a result of its inspections, investigations, and
studies made by itself, and in behalf of testimonies offered at said hearing has
established existence of the following circumstances:
Findings
1. The proposed street abandonment is consistent with the Circulation Element of the
general plan because this segment of Hill Street is not identified in the element as
being necessary for neighborhood circulation.
2. The portion of right-of-way to be abandoned is not needed for present or future street
purposes.
3. The proposed street abandonment is categorically exempt from environmental review'
under Section 15301 of the California Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED, that ABAN 153-99 be approved,
subject to the following conditions:
C9-15
Resolution No.5270-99
Page 2
Conditions
1. If the Council determines that all or a portion of any "excess" right of way should be
abandoned, appropriate easements will be reserved for access to the drainage
facilities, public water & sewer, public & private utilities. Speck details will be
determined during the abandonment process. No physical development would be
allowed within the easements, unless specifically approved by the City, on a case by
case basis.
2. A lot line adjustment map shall be processed concurrently with the proposed
abandonment to insure that legal access to the undeveloped lot at 359 Hill Street is
maintained.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommend to
the City Council, approval of the proposal. The foregoing resolution was approved by
the Planning Commission of the City of San Luis Obispo on motion by Commr. Jeffrey,
seconded by Commr. Loh, and on a separate roll call vote:
AYES: Commrs. Loh, Jeffrey, Ready, Peterson and Cooper
NOES: None
ABSENT: Commrs. Whittlesey and Senn
Arnold B. Jonas, Secretary
Planning Commission
Dated: October 27, 1999
C9-16
Draft Planning Commission Minutes /�ttac h m e n t 8
October 27, 1999
Page 2
Manager Whisenand reported the item will be heard November 3, 1999.
Commissioner Jeffrey expressed concern with Johnson Avenue residents being re-
notified of the continued hearing date of November 3, 1999.
Attorney Trujillo explained that legally re-notification is not required.
Commissioner Jeffrey moved to re-notice all interested parties who were initially noticed
of the continued hearing date to November 17 1999 regarding Agenda Item 3 3001
and 3045 Johnson Avenue. ER and GP/R 106-99 The motion was seconded by
Commissioner Cooper.
AYES: Commissioners Jeffrey, Cooper, Loh, and Peterson
NOES: Chairman Ready
REFRAIN: None
The motion carried 4-1-0. Commissioners Whittlesey and Senn were absent.
PUBLIC HEARINGS:
1. 359 Hill Street, ABAN 153-99: Request to abandon a portion of Hill Street right-of-
way adjacent to 370 Hill Street, to enable development of a hillside lot; R-1-S zone;
Bary Camp, applicant.
Associate Planner Peggy Mandeville presented the staff report and recommended that
the Planning Commission (1) find that the right-of-way abandonment is consistent with
the General Plan and (2) forward a report to the City Council recommending approval of
the abandonment with findings and conditions.
Commissioner Peterson questioned the possibility of future hiking trails in this area and
the needed access.
Manager Whisenand explained the location of the City's existing lemon grove property
access easement.
There were no further comments or questions and the public comment session was
opened.
PUBLIC COMMENT
Barry Camp, applicant, supported the staff report.
Chairman Ready asked if there were any concerns with proposed conditions.
C9-17
Draft Planning Commission Minutes
October 27, 1999
Page 3
Mr. Camp replied no.
Seeing no further speakers come forward, the public comment session was closed.
COMMISSION COMMENT
Commissioner Jeffrey moved to recommend to the City Council approval of the
abandonment based upon findings and conditions as enumerated by staff.
Commissioner Loh seconded the motion.
AYES: Commissioners Jeffrey, Loh, Peterson, Cooper, and Chairman Ready
NOES: None
REFRAIN: None
The motion carried 5-0-0. Commissioners Senn and Whittlesey were absent.
2. 3360 Broad Street, A 134-99: Request for a General Plan determination that would
allow a retail auto sales use in the Service Commercial zone with Special
Considerations zoning district; C-S-S zone; Don Valley Motors, applicant.
Associate Planner Mandeville presented the staff report and recommended that the
Planning Commission determine that an automobile sales use at 3360 Broad Street
does not conform to the City's adopted General Plan.
Commissioner Cooper asked if this proposal could be continued to a date certain if the
Council subcommittee is close to resolution.
Manager Whisenand stated this option is available. He noted there is a request to
relocate a Volvo dealership, and the subcommittee is working towards a resolution.
Commissioner Peterson had staff review options before the Commission.
Commissioner Jeffrey cited Policy 3.5.1 and stated the Zoning Regulations clearly allow
auto sales in C-S zones. He questioned staffs recommendation of denial.
Associate Planner Mandeville explained that the General Plan states auto sales outside
of the Auto Parkway area should be minimized, but the Zoning Regulations do allow it.
Commissioner Jeffrey expressed frustration in the wording of staffs recommendation.
He felt it would have been easier if the Commission were asked to address whether or
not the General Plan supports auto dealerships located outside of the Auto Parkway.
There were no further comments or questions and the public comment session was
opened.
C9-18